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

House of Lords

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After Clause 195

 

BARONESS KNIGHT OF COLLINGTREE

129Insert the following new Clause—
  "Age-specific business
  It is not a contravention of this Act for—
(a)  a person or organisation to design and provide financial products for specific market segments qualified by age or age groups,
(b)  a person or organisation to provide insurance programmes where the calculations of the premiums for such programmes are based on reasonable evidence of the underlying difference in risk based on the purchaser's age or age group,
(c)  a person or organisation to design or provide financial products specifically for people aged over 50 with preferential rates or concessions,
(d)  a person or organisation to design or provide goods and services specifically for people over 50 with preferential rates or concessions."
 

LORD LESTER OF HERNE HILL

129ZAInsert the following new Clause—
 "Equality between spouses
  Abolition of a husband's duty to maintain his wife
  The rule of common law that a husband must maintain his wife is abolished."
129ZBInsert the following new Clause—
  "Abolition of presumption of advancement
(1)  The presumption of advancement (by which, for example, a husband is presumed to be making a gift to his wife if he transfers property to her, or purchases property in her name) is abolished.
(2)  The abolition by subsection (1) of the presumption of advancement does not have effect in relation to—
(a)  anything done before the commencement of this section, or
(b)  anything done pursuant to any obligation incurred before the commencement of this section."
129ZCInsert the following new Clause—
  "Amendment of Married Women's Property Act 1964
(1)  In section 1 of the Married Women's Property Act 1964 (money and property derived from housekeeping allowance made by husband to be treated as belonging to husband and wife in equal shares)—
(a)  for "the husband for" substitute "either of them for", and
(b)  for "the husband and the wife" substitute "them".
(2)  Accordingly, that Act may be cited as the Matrimonial Property Act 1964.
(3)  The amendments made by this section do not have effect in relation to any allowance made before the commencement of this section."
129ZDInsert the following new Clause—
  "Civil partners: housekeeping allowance
(1)  After section 70 of the Civil Partnership Act 2004 insert—
"70AMoney and property derived from housekeeping allowance
  Section 1 of the Matrimonial Property Act 1964 (money and property derived from housekeeping allowance to be treated as belonging to husband and wife in equal shares) applies in relation to—
(a)  money derived from any allowance made by a civil partner for the expenses of the civil partnership home or for similar purposes, and
(b)  any property acquired out of such money,
 as it applies in relation to money derived from any allowance made by a husband or wife for the expenses of the matrimonial home or for similar purposes, and any property acquired out of such money."
(2)  The amendment made by this section does not have effect in relation to any alllowance made before the commencement of this section."
 

BARONESS WARSI

 

BARONESS MORRIS OF BOLTON

129AInsert the following new Clause—
  "Insurance
  A person does not contravene this Act so far as relating to the use of age by insurers only by provision of a service to persons if—
(a)  significant detriment to the elderly or another age group cannot be demonstrated; and
(b)  non-differentiation would have an adverse impact on different age groups."
 

Clause 196

 

BARONESS WARSI

 

BARONESS MORRIS OF BOLTON

130Page 121, line 36, leave out "thinks" and insert "can demonstrate"
131Page 121, line 41, leave out "thinks" and insert "can demonstrate"
 

BARONESS ROYALL OF BLAISDON

131APage 122, line 2, leave out "Before making the order" and insert "If the Minister proposes to make an order under this section"
131BPage 122, line 4, leave out subsections (4) and (5) and insert—
"(4)  If, as a result of the consultation under subsection (3), the Minister thinks it appropriate to change the whole or part of the proposal, the Minister must carry out such further consultation with respect to the changes as the Minister thinks appropriate."
 

BARONESS WARSI

 

BARONESS MORRIS OF BOLTON

132Page 122, line 6, leave out "thinks" and insert "can demonstrate"
133Page 122, line 13, leave out "thinks" and insert "can demonstrate"
134Page 122, line 26, leave out paragraphs (a) and (b) and insert—
"(a)  at the end of the period of 12 months starting on the day this section comes into force;
(b)  at the end of each succeeding period of 12 months."
 

BARONESS ROYALL OF BLAISDON

134ZAPage 122, line 26, leave out "5" and insert "2"
134ZBPage 122, line 28, leave out "5" and insert "2"
 

BARONESS WARSI

 

BARONESS MORRIS OF BOLTON

 The above-named Lords give notice of their intention to oppose the Question that Clause 196 stand part of the Bill.
 

After Clause 196

 

BARONESS ROYALL OF BLAISDON

134ZCInsert the following new Clause—
  "Harmonisation: procedure
(1)  If, after the conclusion of the consultation required under section 196, the Minister thinks it appropriate to proceed with the making of an order under that section, the Minister must lay before Parliament—
(a)  a draft of a statutory instrument containing the order, together with
(b)  an explanatory document.
(2)  The explanatory document must—
(a)  introduce and give reasons for the harmonising provision;
(b)  explain why the Minister thinks that the conditions in subsection (1) of section 196 are satisfied;
(c)  give details of the consultation carried out under that section;
(d)  give details of the representations received as a result of the consultation;
(e)  give details of such changes as were made as a result of the representations.
(3)  Where a person making representations in response to the consultation has requested the Minister not to disclose them, the Minister must not disclose them under subsection (2)(d) if, or to the extent that, to do so would (disregarding any connection with proceedings in Parliament) constitute an actionable breach of confidence.
(4)  If information in representations made by a person in response to consultation under section 196 relates to another person, the Minister need not disclose the information under subsection (2)(d) if or to the extent that—
(a)  the Minister thinks that the disclosure of information could adversely affect the interests of that other person, and
(b)  the Minister has been unable to obtain the consent of that other person to the disclosure.
(5)  The Minister may not act under subsection (1) before the end of the period of 12 weeks beginning with the day on which the consultation under section 196(3) begins.
(6)  Laying a draft of a statutory instrument in accordance with subsection (1) satisfies the condition as to laying imposed by subsection (8) of section 200, in so far as that subsection applies in relation to orders under section 196."
 

Schedule 24

 

BARONESS ROYALL OF BLAISDON

134APage 218, line 6, at end insert—
      "Section (Information above diversity in range of candidates etc.) (election candidates: diversity information)"
 

LORD LESTER OF HERNE HILL

134AAPage 218, line 15, at end insert—
      "Sections (Abolition of husband's duty to maintain his wife) to (Civil partners: housekeeping allowance) (family property)"
 

BARONESS ROYALL OF BLAISDON

134BPage 218, line 20, at end insert—
"(   )      Part 5A (marriage);"
134CPage 218, line 22, at end insert—
"(   )      Part 6A (television, radio and on-line broadcasting and distribution);"
 

Clause 199

 

BARONESS ROYALL OF BLAISDON

135Page 124, line 3, at end insert—
"(   )  A statutory instrument containing an Order in Council under section 82 (offshore work) is subject to annulment in pursuance of a resolution of either House of Parliament."
 

Clause 200

 

BARONESS ROYALL OF BLAISDON

135ZAPage 124, line 6, at end insert "or the Treasury"
135APage 124, line 13, leave out paragraph (a)
 

BARONESS WARSI

 

BARONESS MORRIS OF BOLTON

135AAPage 124, line 15, leave out paragraph (c)
 

BARONESS ROYALL OF BLAISDON

135ABPage 124, line 16, at end insert "that provides for the omission of an entry where the authority concerned has ceased to exist or the variation of an entry where the authority concerned has changed its name"
135BPage 124, line 26, at end insert—
"(   )  regulations under section (Information about diversity in range of candidates etc.) (election candidates: diversity information);"
136Page 124, line 33, leave out "other than one mentioned in" and insert "that is not subject to the affirmative procedure by virtue of"
136ZZZAPage 124, line 38, after "that" insert "—
(i)  "
136ZZZBPage 124, line 40, at end insert ", and
(ii)  is not made in reliance on section 199(7)"
 

BARONESS WARSI

 

BARONESS MORRIS OF BOLTON

136ZZAPage 124, line 40, at end insert—
 "unless the order includes provision by virtue of section 199(4)(b) and is a separate order in accordance with section 199(7)"
136ZZBPage 125, line 1, leave out subsection (10)
 

BARONESS ROYALL OF BLAISDON

136ZZCPage 125, line 1, leave out "mentioned in subsection (2) or (4)" and insert "containing an order or regulations under section 2, 150, 152, 153(2) or 154(5)"
 

Clause 201

 

BARONESS ROYALL OF BLAISDON

136ZZDPage 125, line 8, at end insert "an order or"
136ZZEPage 125, line 10, after "The" insert "orders and"
136ZAPage 125, line 10, at end insert—
"(   )  regulations under section 2 (socio-economic inequalities);"
136ZAAPage 125, line 10, at end insert—
"(   )  an order under section 150 (power to amend list of public authorities for the purposes of the public sector duty);"
136ZABPage 125, line 15, at end insert —
"(   )  But a statutory instrument is not subject to the affirmative procedure by virtue of subsection (2) merely because it contains an order under section 150 that provides for—
(a)  the omission of an entry where the authority concerned has ceased to exist, or
(b)  the variation of an entry where the authority concerned has changed its name."
136ZACPage 125, line 16, leave out "other than one mentioned in" and insert "that is not subject to the affirmative procedure by virtue of"
136ZADPage 125, line 18, after second "the" insert "order or"

 
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8 February 2010