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back to previous amendments
| | BARONESS MORRIS OF BOLTON |
| | LORD MORRIS OF HANDSWORTH |
| 57 | Page 15, line 6, leave out paragraph (a) |
| | BARONESS MORRIS OF BOLTON |
| 57ZA* | Page 15, line 26, at end insert— |
| "( ) | Any difference on the grounds of sex or age in the provision of goods or services shall not be discriminatory if the difference is because of a material factor which is a proportionate means of achieving a legitimate aim." |
| 57A | Insert the following new Clause— |
| | Nothing in this Act shall have the effect of requiring a person (A) to provide a good or service to a person (B) when doing so has the effect of making A complicit with an action to which A has a genuine conscientious objection." |
| | BARONESS MORRIS OF BOLTON |
| 57B | Page 132, leave out lines 25 to 27 and insert— |
| "( ) | to remove the feature, or |
| ( ) | to alter the feature, or |
| ( ) | to provide a reasonable means of avoiding the feature, or |
| ( ) | to provide a reasonable method of providing the service or exercising the function." |
| | BARONESS CAMPBELL OF SURBITON |
| 57C | Page 133, line 10, at end insert— |
| "( ) | A requirement of a disabled person or disabled persons alone to pay the costs which result from compliance by a provider of services with a section 20 duty is a failure of compliance with that duty." |
| 57D | Page 134, line 1, leave out "or third" and insert ", third and fourth" |
| | BARONESS ROYALL OF BLAISDON |
| 58 | Page 137, line 27, leave out paragraph (b) |
| | LORD BISHOP OF WINCHESTER |
| 58A | Page 143, line 2, at end insert— |
| 8 | A person does not contravene section 29, so far as relating to gender reassignment discrimination, only because of anything done in reliance on section 5B of the Marriage Act 1949 (solemnisation of marriages involving person of acquired gender)." |
| | BARONESS GOULD OF POTTERNEWTON |
| | [As an amendment to amendment 58A] |
| 58B* | Line 8, at end insert— |
| (2) | A person (A) whose consent to the solemnisation of the marriage of a person (B) is required under section 44(1) of the Marriage Act 1949 (solemnisation in registered building) does not contravene section 29, so far as relating to gender reassignment discrimination, by refusing to consent if A reasonably believes that B's gender has become the acquired gender under the Gender Recognition Act 2004. |
| | Gender reassignment: Scotland |
| (1) | An approved celebrant (A) does not contravene section 29, so far as relating to gender reassignment discrimination, only by refusing to solemnise the marriage of a person (B) if A reasonably believes that B's gender has become the acquired gender under the Gender Recognition Act 2004. |
| (2) | In sub-paragraph (1) "approved celebrant" has the meaning given in section 8(2)(a) of the Marriage (Scotland) Act 1977 (persons who may solemnise marriage)." |
| | LORD LESTER OF HERNE HILL |
| | BARONESS HOWE OF IDLICOTE |
| | [In substitution for Amendment 60] |
| 58C* | Page 145, line 11, at end insert— |
| | TELEVISION, RADIO AND ON-LINE BROADCASTING AND DISTRIBUTION |
| (1) | Section 2 does not apply to the provision of a content service (within the meaning given by section 32(7) of the Communications Act 2003). |
| (2) | Sub-paragraph (1) does not apply to the provision of an electronic communications network, electronic communications service or associated facility (each of which has the same meaning as in that Act)" |
| | BARONESS MORRIS OF BOLTON |
| 59 | Page 145, line 17, leave out paragraph 30 |
| | BARONESS ROYALL OF BLAISDON |
| 60ZA* | Page 146, line 19, at end insert— |
| "( ) | But provision by virtue of subsection (1) may not amend this Schedule— |
| (a) | so as to omit an exception in paragraph 1, 2 or 3; |
| (b) | so as to reduce the extent to which an exception in paragraph 1, 2 or 3 applies." |
| 60A | Page 146, line 34, leave out "and third" and insert ", third and fourth" |
| 60B | Page 147, line 30, leave out "and third" and insert ", third and fourth" |
| 60C | Page 148, line 5, leave out "and third" and insert ", third and fourth" |
| 60D | Page 148, line 34, leave out "requirement" and insert "and fourth requirements" |
| | LORD LESTER OF HERNE HILL |
| 61 | Page 23, line 27, after "employment" insert "or in relation to B's application for employment" |
| 62 | Page 23, line 30, after "B" insert "or a person with the same characteristic as B" |
| 63 | Page 23, line 31, after "employment" insert "or in relation to B's application for employment" |
| | BARONESS MORRIS OF BOLTON |
| 64 | Page 36, line 14, at end insert— |
| "( ) | An employment service-provider must not ask for details of an applicant's health or disabilities before an offer to which subsection (1) applies has been made, except in so far as is necessary to make reasonable adjustments to the selection process." |
| 65 | Page 36, line 29, at end insert— |
| "( ) | An employment service-provider must not ask for details of an applicant's health or disabilities before an offer to which subsection (4) applies has been made, except in so far as is necessary to make reasonable adjustments to the selection process." |
| | BARONESS MORRIS OF BOLTON |
| 66 | Page 38, line 7, at end insert— |
| "( ) | A trade organisation must not ask for details of an applicant's health or disabilities before an offer of membership to which subsection (1) applies has been made, except in so far as necessary to make reasonable adjustments to the selection process." |
| 67 | Page 38, line 21, at end insert— |
| "( ) | A trade organisation must not ask for details of an applicant's health or disabilities before an offer of membership to which subsection (4) applies has been made, except in so far as necessary to make reasonable adjustments to the selection process." |
| | BARONESS MORRIS OF BOLTON |
| 68 | Insert the following new Clause— |
| | "Prohibited pre-employment enquiries |
| | An employer (A) must not subject a disabled job applicant (B) to prohibited pre-employment enquiries." |
| 69 | Insert the following new Clause— |
| | "Prohibited pre-employment enquiries: definition |
| (1) | A person (A) subjects a disabled job applicant (B) to prohibited pre-employment enquiries where A makes enquiries of B as to whether B is a disabled person or as to the nature or severity of such a disability. |
| (2) | Enquiries of a disabled person as to the existence, nature or severity of their disability will not constitute prohibited pre-employment enquiries for the purposes of this Act where— |
| (a) | the enquiry is for the purposes of determining whether an applicant requires reasonable adjustments for the interview process and is stated as being such an enquiry; |
| (b) | the enquiry is made at the application stage for the purposes of monitoring disabled applicants, where such enquiry is made in writing, is kept separately from any application form, is anonymised, and is stated as being such an enquiry; |
| (c) | for the purposes of positive action in recruitment, such as offering the guaranteed interview scheme, and is stated as being such an enquiry. |
| (3) | Any invitation to request resonable adjustments or disclose a disability under subsection (2)(a), (b) and (c) must specify the use that will be made of that information and must state that there is no requirement to provide that information. |
| (4) | Information provided must only be used for the stated purpose. |
| (5) | Enquiries of a disabled person as to the existence, nature or severity of their disability will not constitute prohibited pre-employment enquiries for the purposes of this Act where the enquiry is necessary for the purposes of determining whether an applicant can perform a specific employment-related function, either with or without adjustments and is stated as being such an enquiry." |
| | BARONESS MORRIS OF BOLTON |
| | The above-named Lords give notice of their intention to oppose the Question that Clause 60 stand part of the Bill. |
| | BARONESS ROYALL OF BLAISDON |
| 70 | Page 43, line 17, leave out "colleague" and insert "comparator" |
| | LORD LESTER OF HERNE HILL |
| 71 | Page 43, line 17, leave out "colleague" and insert "person" |
| | BARONESS ROYALL OF BLAISDON |
| 72 | Page 43, line 19, leave out "colleague" and insert "comparator" |
| | LORD LESTER OF HERNE HILL |
| 73 | Page 43, line 19, leave out "colleague" and insert "person" |
| 74 | Page 43, line 19, at end insert— |
| "(2) | The references in subsection (1) to the work that B does are not restricted to work done contemporaneously with the work done by A." |
| | BARONESS ROYALL OF BLAISDON |
| 75 | Page 45, line 32, leave out from "factor" to end of line 34 and insert "reliance on which— |
| (a) | does not involve treating A less favourably because of A's sex than the responsible person treats B, and |
| (b) | if the factor is within subsection (2), is a proportionate means of achieving a legitimate aim." |
| | LORD LESTER OF HERNE HILL |
| 76 | Page 45, line 33, leave out paragraphs (a) and (b) and insert "which is not the difference of sex" |
| 77 | Page 45, line 35, leave out subsection (2) and insert— |
| "( ) | There is a difference of sex within the meaning of this section if— |
| (a) | there is less favourable treatment because of A's sex within the meaning of section 13(1), or |
| (b) | A shows that as a result of the factor, A and persons of the same sex doing work equal to A's are put at a particular disadvantage when compared with persons of the opposite sex doing work equal to A's, but the responsible person fails to show that relying on the factor is a proportionate means of achieving a legitimate aim." |
| | BARONESS ROYALL OF BLAISDON |
| 78 | Page 45, leave out lines 39 to 41 |
| 79 | Page 46, line 1, leave out "(2)" and insert "(1)" |
| 80 | [Retabled as amendment 57ZA] |
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