House of Lords Amendments - Disability Rights Commission Bill [H.L.]

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Session 1998-99
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Amendments to the Disability Rights Commission Bill [H.L.]

Disability Rights Commission Bill [H.L.] -
Amendments to be debated in the House of Lords
Here you can browse the Marshalled List of Amendments to the Disability Rights Commission Bill [H.L.] to be moved on Report in the House of Lords.

[Amendments marked * are new or have been altered]

Amendment No.

Clause 2

BY THE LORD ASHLEY OF STOKE
THE LORD RIX
THE LORD SWINFEN

1      Page 1, line 19, at end insert ("and the provisions of any Act passed after this Act is passed which concern disability discrimination")

BY THE LORD ASHLEY OF STOKE
THE LORD ADDINGTON
THE LORD SWINFEN

2      Page 1, line 19, at end insert ("; and
(  )  to keep under review those parts of the Human Rights Act 1998 which it deems applicable to the elimination of discrimination against disabled people.")

BY THE BARONESS BLATCH

3      Page 1, line 20, leave out ("may") and insert ("shall")

4      Page 1, line 25, at end insert--
("(  )  make proposals or give other advice to any Government agency as to the practical application of any law;")

BY THE LORD ASHLEY OF STOKE
THE BARONESS DARCY DE KNAYTH
THE LORD ADDINGTON
THE LORD SWINFEN

5      Page 2, line 7, at end insert--

    ("(  )  The Commission shall have the power to initiate proceedings in its own name or to apply to intervene in proceedings if it believes that an unlawful act has occurred or is about to occur under the 1995 Act.")

BY THE LORD ASHLEY OF STOKE
THE LORD ADDINGTON
THE LORD SWINFEN

6      Page 2, line 7, at end insert--

    ("(  )  The Commission shall have the power to set up regional offices as it deems necessary in pursuance of its duties under this Act.")

Clause 3

BY THE BARONESS BLATCH

7      Page 2, line 14, leave out ("decide to")

Clause 4

BY THE BARONESS BLATCH

8      Page 2, line 43, leave out from beginning to ("provisions") in line 2 on page 3 and insert ("The notice may include")

BY THE LORD ASHLEY OF STOKE
THE BARONESS DARCY DE KNAYTH
THE LORD SWINFEN

9      Page 2, line 44, at end insert--

    ("(  )  The Commission may include in a non-discrimination notice provisions requiring the person to whom the notice is addressed--
(a)  to take steps with a view to avoiding the commission by him of unlawful acts and to inform the Commission that he has taken such steps;

(b)  to inform the Commission of any other steps which he needs to take in order to comply with the notice, and when he proposes to take them;

(c)  to give the Commission any other information for the purpose of verifying that the notice has been complied with; and

(d)  to take steps with a view to making available to other persons any information about the notice or the things it requires to be done.")

10      Page 2, line 44, at end insert--

    ("(  )  A non-discrimination notice may specify a period within which any requirements included by virtue of the regulations are to be complied with.")

11      Page 3, line 1, leave out subsections (4) and (5)

BY THE BARONESS BLATCH

12      Page 3, line 13, at end insert--

    ("(  )  The Secretary of State may make regulations relating to the requirements to be included in a non-discrimination notice.")

After Clause 4

BY THE LORD ASHLEY OF STOKE
THE BARONESS DARCY DE KNAYTH

13      Insert the following new Clause--

("Intervention in proceedings

    .  The Commission may apply to a court or tribunal for leave to be joined as a party or to intervene in the public interest in any proceedings under Part II or Part III of the 1995 Act or other proceedings in which discrimination on grounds of disability is alleged.") Right to intervene in proceedings.

Clause 5

BY THE BARONESS BLATCH

14      Page 3, line 34, at beginning insert ("to suspend or")

Clause 6

BY THE LORD ASHLEY OF STOKE
THE LORD SWINFEN

15      Page 4, line 29, after ("III)") insert ("or under the provisions of any Act passed after this Act is passed which concern disability discrimination")

BY THE LORD SWINFEN

16      Page 4, line 33, at end insert ("or which relate to the 1995 Act in the context of the Scotland Act 1998 or the Human Rights Act 1998.")

BY THE LORD ASHLEY OF STOKE
THE LORD RIX
THE LORD SWINFEN

17      Page 4, line 33, at end insert ("; and
(c)  proceedings under the Human Rights Act 1998 where the proceedings would be in pursuance of the duties imposed on the Commission under section 2(1) of this Act.")

BY THE LORD SWINFEN

18      Page 4, line 44, at end insert ("and assistance")

19      Page 5, line 1, after ("representation") insert ("before any court or tribunal")

BY THE BARONESS BLACKSTONE

20      Page 5, line 4, after ("provide") insert ("or arrange for the provision of")

After Clause 6

BY THE LORD ASHLEY OF STOKE
THE BARONESS DARCY DE KNAYTH

21*      Insert the following new Clause--

("Initiation of proceedings

    .--(1) Section 8 of the 1995 Act is amended as follows.

    (2)  In subsection (1), after the word "person", in the first place it occurs, insert "(or, in the circumstances mentioned in subsection (1A), by the Disability Rights Commission ("the Commission") acting on his behalf)".

    (3)  After that subsection, insert--
    (1A)  The Commission may bring a complaint under this section on behalf of the complainant in any case where, because of--

(a)  the nature of the complaint,

(b)  the nature of the disability of the complainant, or

(c)  the likely adverse effect of proceedings on the complainant taking into account his disability,

it would be in the interests of justice to proceed in the name of the Commission."
    (4)  Section 25 of the 1995 Act is amended as follows.

    (5)  In subsection (1), after the word "person", in the first place it occurs, insert "(or, in the circumstances mentioned in subsection (1A), by the Disability Rights Commission ("the Commission") acting on his behalf)".

    (6)  After that subsection, insert--
    (1A)  The Commission may bring a claim under this section on behalf of the claimant in any case where, because of--

(a)  the nature of the claim,

(b)  the nature of the disability of the claimant, or

(c)  the likely adverse effect of proceedings on the claimant taking into account his disability,

it would be in the interests of justice to proceed in the name of the Commission."")
Power to bring proceedings on behalf of complainant or claimant.

22*      Insert the following new Clause--

    (".--(1) Where the Commission has reasonable grounds to suppose that an act which is unlawful by virtue of any provision of Part III of the 1995 Act is likely to occur it may apply to the court under this section for an injunction or interdict to prevent that occurrence.

    (2)  An application in England and Wales shall be brought only in a county court.

    (3)  An application in Scotland shall be brought only in a sheriff court.

    (4)  The powers available to the court on such an application are those which are available in the High Court or (as the case may be) the Court of Session.") Power to seek injunction.

Clause 8

BY THE LORD SWINFEN

23      Page 6, line 40, leave out ("may") and insert ("shall")

BY THE BARONESS BLATCH

24      Page 7, line 3, at end insert--
    ("(10)  An order under subsection (6)(c) shall be made by statutory instrument; and no such statutory instrument shall be made until it has been laid in draft before, and approved by resolution of, each House of Parliament."")

Clause 10

BY THE LORD ASHLEY OF STOKE
THE LORD ADDINGTON
THE LORD SWINFEN

25      Page 8, leave out lines 9 to 17 and insert--
("(a)  such organisations representing employers as he considers appropriate;

(b)  such organisations representing disabled persons as he considers appropriate; and

(c)  once it has been established, the Disability Rights Commission.
    (4)  A consultation under subsection (3) shall be commenced on or before 1st January 2000.

    (5)  In the event that the Secretary of State decides to make an order under subsection (2) the order shall be made within six months of the completion of the consultation process under subsection (3)."")

BY THE LORD ADDINGTON

26      Page 8, leave out lines 12 to 17 and insert--
("(c)  such organisations representing disabled persons as he considers appropriate.
    (4)  A consultation under subsection (3) shall be commenced on or before 1st January 2000.

    (5)  In the event that the Secretary of State decides to make an order under subsection (2) the order shall be made within six months of the completion of the consultation process under subsection (3)."")

Schedule 1

BY THE LORD ASHLEY OF STOKE
THE LORD SWINFEN

27      Page 10, leave out lines 16 and 17

BY THE LORD ASHLEY OF STOKE

28      Page 10, line 17, at end insert--

    ("(  )  The person first appointed as Chairman of the Commission shall be a disabled person.")

BY THE BARONESS BLATCH

29      Page 10, line 22, at end insert ("so long as his total continuous term of office does not exceed 10 years")

BY THE BARONESS BLACKSTONE

30      Page 10, line 35, at end insert--

    ("(2)  The Secretary of State shall exercise his powers of appointment under this paragraph with a view to securing that at least one of the persons holding office as chairman or deputy chairman is a disabled person or a person who has had a disability.")

BY THE BARONESS BLATCH

31      Page 10, line 37, leave out from ("hold") to end of line 38 and insert ("that office for five years,")

32      Page 11, leave out lines 18 and 19

BY THE LORD RIX
THE LORD SWINFEN
THE BARONESS DARCY DE KNAYTH

33      Page 11, line 19, at end insert--

    ("  . Where appropriate, Commissioners, staff and advisers of the Commission may appoint personnel for the purposes of personal advocacy or communication support.")

Schedule 3

BY THE BARONESS BLATCH

34      Page 16, line 7, at end insert--

    ("(5)  Where the Commission refuses to receive oral representations under sub-paragraph (4), it shall give reasons for that refusal in writing to the parties concerned.")

35      Page 17, line 6, at end insert--

    ("(  )  The Commission shall arrange for the removal of a non-discrimination notice from the register when the action required by the notice has been complied with.")

© Parliamentary copyright 1999
Prepared 11 March 1999