Equality Bill
SECOND
MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
IN COMMITTEE
The amendments have been marshalled in accordance with the Instruction of 7th January 2010, as follows
Clauses 10 to 31
Schedules 2 and 3
Clauses 32 to 38
Schedules 4 and 5
Clauses 39 to 52
Schedule 6
Clauses 53 to 80
Schedule 7
Clauses 81 to 83
Schedules 8 and 9
Clauses 84 to 88
Schedule 10
Clause 89
Schedule 11
Clauses 90 to 94
Schedule 12
Clauses 95 to 98
Schedule 13
Clause 99
Schedule 14
Clauses 100 to 106
Schedules 15 and 16
Clauses 107 to 115
Schedule 17 | Clauses 116 to 148
Schedule 18
Clause 149
Schedule 19
Clauses 150 to 184
Schedule 20
Clauses 185 to 187
Schedule 21
Clauses 188 and 189
Schedule 22
Clauses 190 to 194
Schedule 23
Clauses 195 and 196
Schedule 24
Clauses 197 and 198
Schedule 25
Clauses 199 to 203
Schedules 26 and 27
Clauses 204 to 206
Schedule 28
Clauses 207 to 210 |
[Amendments marked * are new or have been altered]
Amendment
No.
| BARONESS MORRIS OF BOLTON |
20 | Page 6, line 11, leave out "or philosophical" |
| BARONESS MORRIS OF BOLTON |
21 | Page 7, line 5, leave out "because" and insert "on the grounds" |
| BARONESS TURNER OF CAMDEN |
21A | Page 7, line 6, after "characteristic" insert "or a perception thereof of B or an associate of B" |
| BARONESS MORRIS OF BOLTON |
22 | Page 7, line 6, at end insert |
"( ) | Discrimination does not include marketing or promoting activities targeted at a particular group of people whether or not they share a protected characteristic." |
23 | Page 7, line 11, leave out "because" and insert "on grounds that" |
| BARONESS MORRIS OF BOLTON |
24 | Page 7, line 12, at end insert |
"( ) | If the protected characteristic is disability, this section applies to a person who is perceived to have a disability." |
25 | Page 7, line 13, leave out "marriage" and insert "marital status" |
26 | Page 7, line 15, after "married" insert ", unmarried, widowed or divorced" |
27 | Page 7, line 20, leave out "because" and insert "on grounds that" |
28 | Page 7, line 26, leave out "because" and insert "on grounds" |
| LORD HARRIES OF PENTREGARTH |
29 | Page 7, line 34, at end insert |
30 | Page 7, line 34, at end insert |
"( ) | being a Scottish Gypsy traveller;" |
31 | Page 7, line 40, leave out "because" and insert "on grounds" |
32 | Page 8, line 3, leave out "because" and insert "on grounds" |
33 | Page 8, line 6, leave out "because" and insert "on grounds" |
| BARONESS MORRIS OF BOLTON |
34 | Page 8, line 9, leave out subsection (6) |
| BARONESS MORRIS OF BOLTON |
35 | Page 8, line 22, leave out subsection (2) |
| BARONESS ROYALL OF BLAISDON |
37 | Page 8, line 41, leave out "Chapter 2 of" |
| BARONESS MORRIS OF BOLTON |
38 | Page 10, line 14, at end insert |
"( ) | If the protected characteristic is disability, this section applies to a person who is perceived to have a disability." |
39 | Page 10, line 19, leave out "marriage" and insert "marital status" |
| LORD HARRIES OF PENTREGARTH |
40 | Page 10, line 20, at end insert |
41 | Page 10, line 20, at end insert |
| "being a Scottish Gypsy traveller;" |
| BARONESS HOWE OF IDLICOTE |
42 | Insert the following new Clause |
| "Combined indirect indiscrimination |
(1) | A person (A) also discriminates against another person (B) if A applies to B a provision, criterion or practice which is discriminatory in relation to a combination of two relevant protected characteristics of B. |
(2) | For the purposes of subsection (1) a provision, criterion or practice is discriminatory in relation to a combination of relevant protected characteristics of B if |
(a) | A applies, or would apply, it to persons who do not share the combination of protected characteristics, |
(b) | it puts, or would put, persons with whom B shares the combination of protected characteristics at a particular disadvantage when compared with persons with whom B does not share both of these characteristics, |
(c) | it puts, or would put, B at that disadvantage, and |
(d) | A cannot show it to be a proportionate means of achieving a legitimate aim. |
(3) | A relevant protected characteristic is a characteristic in section 19(3). |
(4) | For the purpose of establishing a contravention of this Act by virtue of subsection (1), B need not show that A's treatment of B is indirect discrimination because of each of the characteristics in the combination (taken separately). |
(5) | But B cannot establish a contravention of this Act by virtue of subsection (1) if, in reliance on another provision of this Act or any other enactment, A shows that A's treatment of B is not indirect discrimination because of either or both of the characteristics in the combination. |
(6) | Subsection (1) does not apply to a combination of characteristics that include disability in circumstances where, if a claim of indirect discrimination in relation to disability were to be brought, it would come within section 115. |
(7) | A Minister of the Crown may by order amend this section so as to |
(a) | make further provision about circumstances in which B can, or in which B cannot, establish a contravention of this Act by virtue of subsection (1); |
(b) | specify other circumstances in which subsection (1) does not apply. |
(8) | The references to indirect discrimination are to a contravention of this Act by virtue of section 19." |
42A | Page 10, line 29, leave out "three" and insert "four" |
| BARONESS MORRIS OF BOLTON |
43 | Page 10, line 32, leave out "in comparison with persons who are not disabled" |
44 | Page 10, line 35, leave out "in comparison with persons who are not disabled" |
45 | Page 10, line 38, leave out subsection (5) and insert |
"( ) | The third requirement is a requirement to provide auxiliary aid or service where it would enable disabled persons to make use of, or facilitate the use by disabled persons of, a service or other relevant matter, and to take such steps as it is reasonable to have to take to provide the auxiliary aid." |
45A | Page 10, line 41, at end insert |
"(5A) | The fourth requirement is a requirement, where the manner in which information is provided by A puts a disabled person at a substantial disadvantage in relation to a relevant matter in comparison with persons who are not disabled, to take such steps as it is reasonable to have to take to avoid the disadvantage." |
45B | Page 10, line 42, leave out "or third" and insert ", third or fourth" |
45C | Page 11, line 22, leave out "or third" and insert ", third or fourth" |
45D | Page 11, line 27, leave out "or third" and insert ", third or fourth" |
45E | Page 11, line 36, leave out "or third" and insert ", third or fourth" |
46 | Page 13, line 5, leave out "Marriage" and insert "Marital status" |
47 | Page 13, line 6, leave out "marriage" and insert "marital status" |
48 | Page 13, line 9, leave out "marriage" and insert "marital status" |
| LORD HARRIES OF PENTREGARTH |
49 | Page 13, line 15, at end insert |
"( ) | Caste discrimination is |
(a) | discrimination within section 13 because of caste; |
(b) | discrimination within section 19 where the relevant protected characteristic is caste." |
50 | Page 13, line 15, at end insert |
"( ) | Scottish Gypsy travellers discrimination is |
(a) | discrimination within section 13 because of being a Scottish Gypsy traveller; |
(b) | discrimination within section 19 where the relevant protected characteristic is being a Scottish Gypsy traveller." |
51 | Page 13, line 42, leave out "gender reassignment or sex" and insert "a relevant protected characteristic" |
| LORD HARRIES OF PENTREGARTH |
52 | Page 14, line 15, at end insert |
53 | Page 14, line 15, at end insert |
| "being a Scottish Gypsy traveller;" |
| BARONESS MORRIS OF BOLTON |
54 | Page 14, line 18, at end insert |
"( ) | If the protected characteristic is disability, this section applies to a person who is perceived to have a disability." |
| BARONESS MORRIS OF BOLTON |
55 | Insert the following new Clause |
| "Status of marriage and civil partnership |
| For the avoidance of doubt, recognition in the tax system of the particular status of marriage or civil partnership is not discrimination under any provision of this Act." |
| BARONESS HOWE OF IDLICOTE |
56 | Insert the following new Clause |
| "Harassment related to a combination of protected characteristics |
(1) | A person (A) harasses another (B) if |
(a) | A engages in unwanted conduct related to a combination of relevant protected characteristics which has the purpose or effect mentioned in subsection (2), or |
(b) | because of B's rejection or submission to unwanted conduct mentioned in paragraph (a), A treats B less favourably than A would treat B if B had not rejected or submitted to the conduct. |
(2) | The purpose or effect is |
(a) | violating B's dignity, or |
(b) | creating an intimidating, hostile, degrading, humilating or offensive environment for B. |
(3) | In deciding whether the conduct has that effect, each of the following must be taken into account |
(b) | the other circumstances of the case; |
(c) | whether it is reasonable for the conduct to have that effect. |
(4) | The relevant protected characteristics are those stated in section 26(5). |
(5) | A relevant contravention is a contravention of this Act by virtue of section 26, in which the unwanted conduct is related to one of the characteristics in the combination. |
(6) | For the purpose of establishing a contravention of this Act by virtue of subsection (1), B need not show that A's treatment of B is harassment related to each of the characteristics in the combination (taken separately). |
(7) | Subsection (1) does not apply to a combination of characteristics that include disability in circumstances where, if a claim of indirect discrimination in relation to disability were to be brought, it would come within section 115. |
(8) | A Minister of the Crown may by order amend this section so as to |
(a) | make further provision about circumstances in which B can, or in which B cannot, establish a contravention of this Act by virtue of subsection (1); |
(b) | specify other circumstances in which subsection (1) does not apply. |
(9) | The references to harassment are to a contravention of this Act by virtue of section 26." |
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