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Equality Bill


REVISED
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.

 

Clause 10

 

BARONESS WARSI

 

BARONESS MORRIS OF BOLTON

20Page 6, line 11, leave out "or philosophical"
 

Clause 13

 

BARONESS WARSI

 

BARONESS MORRIS OF BOLTON

 

LORD OUSELEY

21Page 7, line 5, leave out "because" and insert "on the grounds"
 

BARONESS TURNER OF CAMDEN

21APage 7, line 6, after "characteristic" insert "or a perception thereof of B or an associate of B"
 

BARONESS WARSI

 

BARONESS MORRIS OF BOLTON

22Page 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."
 

LORD OUSELEY

23Page 7, line 11, leave out "because" and insert "on grounds that"
 

BARONESS WARSI

 

BARONESS MORRIS OF BOLTON

24Page 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."
 

BARONESS COUSSINS

 

BARONESS AFSHAR

25Page 7, line 13, leave out "marriage" and insert "marital status"
26Page 7, line 15, after "married" insert ", unmarried, widowed or divorced"
 

LORD OUSELEY

27Page 7, line 20, leave out "because" and insert "on grounds that"
 

Clause 14

 

LORD OUSELEY

28Page 7, line 26, leave out "because" and insert "on grounds"
 

LORD AVEBURY

 

EARL OF SANDWICH

 

LORD HARRIES OF PENTREGARTH

29Page 7, line 34, at end insert—
"(   )  caste;"
30Page 7, line 34, at end insert—
"(   )  being a Scottish Gypsy traveller;"
 

LORD OUSELEY

31Page 7, line 40, leave out "because" and insert "on grounds"
32Page 8, line 3, leave out "because" and insert "on grounds"
33Page 8, line 6, leave out "because" and insert "on grounds"
 

BARONESS WARSI

 

BARONESS MORRIS OF BOLTON

34Page 8, line 9, leave out subsection (6)
 

Clause 15

 

BARONESS WARSI

 

BARONESS MORRIS OF BOLTON

35Page 8, line 22, leave out subsection (2)
36[Withdrawn]
 

Clause 17

 

BARONESS ROYALL OF BLAISDON

37Page 8, line 41, leave out "Chapter 2 of"
 

Clause 19

 

BARONESS WARSI

 

BARONESS MORRIS OF BOLTON

38Page 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."
 

BARONESS COUSSINS

 

BARONESS AFSHAR

39Page 10, line 19, leave out "marriage" and insert "marital status"
 

LORD AVEBURY

 

EARL OF SANDWICH

 

LORD HARRIES OF PENTREGARTH

40Page 10, line 20, at end insert—
  "caste;"
41Page 10, line 20, at end insert—
  "being a Scottish Gypsy traveller;"
 

After Clause 19

 

BARONESS HOWE OF IDLICOTE

 

LORD OUSELEY

42Insert 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."
 

Clause 20

 

LORD LOW OF DALSTON

42APage 10, line 29, leave out "three" and insert "four"
 

BARONESS WARSI

 

BARONESS MORRIS OF BOLTON

43Page 10, line 32, leave out "in comparison with persons who are not disabled"
44Page 10, line 35, leave out "in comparison with persons who are not disabled"
45Page 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."
 

BARONESS ROYALL OF BLAISDON

45ZA*Page 10, line 41, at end insert—
"(   )  A person (A) who is subject to a duty to make reasonable adjustments is not (subject to express provision to the contrary) entitled to require a disabled person, in relation to whom A is required to comply with the duty, to pay to any extent A's costs of complying with the duty."
 

LORD LOW OF DALSTON

45APage 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."
45BPage 10, line 42, leave out "or third" and insert ", third or fourth"
 

Clause 21

 

LORD LOW OF DALSTON

45CPage 11, line 22, leave out "or third" and insert ", third or fourth"
45DPage 11, line 27, leave out "or third" and insert ", third or fourth"
 

Clause 22

 

LORD LOW OF DALSTON

45EPage 11, line 36, leave out "or third" and insert ", third or fourth"
 

Clause 25

 

BARONESS COUSSINS

 

BARONESS AFSHAR

46Page 13, line 5, leave out "Marriage" and insert "Marital status"
47Page 13, line 6, leave out "marriage" and insert "marital status"
48Page 13, line 9, leave out "marriage" and insert "marital status"
 

LORD AVEBURY

 

EARL OF SANDWICH

 

LORD HARRIES OF PENTREGARTH

49Page 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."
50Page 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."
 

Clause 26

 

LORD OUSELEY

51Page 13, line 42, leave out "gender reassignment or sex" and insert "a relevant protected characteristic"
 

LORD AVEBURY

 

EARL OF SANDWICH

 

LORD HARRIES OF PENTREGARTH

52Page 14, line 15, at end insert—
  "caste;"
53Page 14, line 15, at end insert—
  "being a Scottish Gypsy traveller;"
 

BARONESS WARSI

 

BARONESS MORRIS OF BOLTON

54Page 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."
 

After Clause 26

 

BARONESS WARSI

 

BARONESS MORRIS OF BOLTON

55Insert 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

 

LORD OUSELEY

56Insert 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—
(a)  the perception of B;
(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."
 

LORD LESTER OF HERNE HILL

56A*Insert the following new Clause—
  "Harassment (sexual orientation): education and services and public functions
(1)  A person (A) who harasses another (B) if—
(a)  A engages in unwanted conduct related to a relevant protected characteristic, and
(b)  the conduct has the purpose or effect of—
(i)  violating B's dignity, and
(ii)  creating an intimidating, hostile, degrading, humilating or offensive environment for B.
(2)  A also harasses B if—
(a)  A engages in unwanted conduct of a sexual nature, and
(b)  the conduct has the purpose or effect referred to in subsection (1)(b).
(3)  A also harasses B if—
(a)  A or another person engages in unwanted conduct of a sexual nature or that is related to gender reassignment or sex,
(b)  the conduct has the purpose or effect referred to in subsection (1)(b), and
(c)  because of B's rejection of or submission to the conduct, A treats B less favourably than A would treat B if B had not rejected or submitted to the conduct.
(4)  In deciding whether conduct has the effect referred to in subsection (1)(b), each of the following must be taken into account—
(a)  the perception of B;
(b)  the other circumstances of the case;
(c)  whether it is reasonable for the conduct to have that effect.
(6)  This section applies to—
(a)  Part 3 (services and public functions) where the service or public function is carried out by a public authority, or on behalf of a public authority, under the terms of a contract with a public authority, or is otherwise a function of a public nature, and
(b)  Part 6 (education)."
56B*Insert the following new Clause—
  "Harassment (gender reassignment): education
(1)  A person (A) harasses another (B) if—
(a)  A engages in unwanted conduct related to a relevant protected characteristic, and
(b)  the conduct has the purpose or effect of—
(i)  of violating B's dignity, and
(ii)  creating an intimidating, hostile, degrading, humilating or offensive environment for B.
(2)  A also harasses B if—
(a)  A engages in unwanted conduct of a sexual nature, and
(b)  the conduct has the purpose or effect referred to in subsection (1)(b).
(3)  A also harasses B if—
(a)  A or another person engages in unwanted conduct of a sexual nature or that is related to gender reassignment or sex,
(b)  the conduct has the purpose or effect referred to in subsection (1)(b), and
(c)  because of B's rejection of or submission to the conduct, A treats B less favourably than A would treat B if B had not rejected or submitted to the conduct.
(4)  In deciding whether conduct has the effect referred to in subsection (1)(b), each of the following must be taken into account—
(a)  the perception of B;
(b)  the other circumstances of the case;
(c)  whether it is reasonable for the conduct to have that effect.
(6)  This section applies to Part 6 (education)."

 
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©Parliamentary copyright 2010
13 January 2010