Equality Bill—
Amendments to be debated in the House of Lordscontinued

House of Lords

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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

42A*Page 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."
 

LORD LOW OF DALSTON

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"
 

Clause 21

 

LORD LOW OF DALSTON

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"
 

Clause 22

 

LORD LOW OF DALSTON

45E*Page 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."
 

Clause 28

 

BARONESS WARSI

 

BARONESS MORRIS OF BOLTON

 

LORD MORRIS OF HANDSWORTH

57Page 15, line 6, leave out paragraph (a)
 

After Clause 31

 

LORD MACKAY OF CLASHFERN

57A*Insert the following new Clause—
  "Conscientious objection
  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."
 

Schedule 2

 

BARONESS WARSI

 

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

 

BARONESS WILKINS

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."
 

LORD LOW OF DALSTON

57D*Page 134, line 1, leave out "or third" and insert ", third and fourth"
 

Schedule 3

 

BARONESS WARSI

 

BARONESS MORRIS OF BOLTON

58Page 137, line 27, leave out paragraph (b)
59Page 145, line 17, leave out paragraph 30
 

LORD LESTER OF HERNE HILL

 

BARONESS HOWE OF IDLICOTE

60Page 146, line 10, at end insert—
 

"PART 7A

 

BROADCASTING

      A broadcaster does not contravene section 29 by broadcasting or distributing (or refusing, failing or omitting to broadcast or distribute) particular content in its output or by broadcasting or distributing (or refusing, failing or omitting to broadcast or distribute) particular output at a particular time or in a particular manner, or by deciding (or failing or omitting to decide) to take any of these steps."
 

Schedule 4

 

LORD LOW OF DALSTON

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"
 

Clause 40

 

LORD LESTER OF HERNE HILL

61Page 23, line 27, after "employment" insert "or in relation to B's application for employment"
62Page 23, line 30, after "B" insert "or a person with the same characteristic as B"
63Page 23, line 31, after "employment" insert "or in relation to B's application for employment"

 
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11 January 2010