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

House of Lords

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Clause 113

 

BARONESS ROYALL OF BLAISDON

108QPage 71, line 12, at end insert—
"(   )  Subsection (1)(d) does not apply to a contravention of section (Information about diversity in range of candidates etc.)."
 

Clause 119

 

BARONESS ROYALL OF BLAISDON

108RPage 75, line 28, at end insert—
"(8)  In subsection (1), the references to Part 5 do not include a reference to section 60(1)."
 

Clause 123

 

BARONESS WARSI

 

BARONESS MORRIS OF BOLTON

 The above-named Lords give notice of their intention to oppose the Question that Clause 123 stand part of the Bill.
 

Clause 128

 

BARONESS WARSI

 

BARONESS MORRIS OF BOLTON

108RA*Page 80, line 17, leave out "9" and insert "18"
108RB*Page 80, line 20, leave out "9" and insert "18"
108RC*Page 80, line 24, leave out "9" and insert "18"
108RD*Page 80, line 27, leave out "9" and insert "18"
 

Clause 148

 

LORD OUSELEY

108SPage 94, line 9, at end insert "take such steps as it reasonably considers appropriate and necessary to"
108TPage 94, line 15, at end insert—
"(   )  take account of disabled persons' disabilities, even where that involves treating disabled persons more favourably than other persons"
 

BARONESS WARSI

 

BARONESS MORRIS OF BOLTON

109Page 94, line 16, leave out subsection (2) and insert—
"(   )  Subsection (1) will also apply to a person who is not a public authority but who exercises public functions except in relation to matters of employment."
 

LORD OUSELEY

109APage 94, line 18, at end insert "and take such steps as that person reasonably considers appropriate and necessary to achieve them"
109BPage 94, line 19, after "need" insert "and taking steps"
109CPage 94, line 21, at end insert "and taking steps to"
 

BARONESS CAMPBELL OF SURBITON

109CAPage 94, line 25, at beginning insert "take steps to"
109CBPage 94, line 29, at end insert—
"(   )  The steps involved in meeting the needs of disabled persons that are different from the needs of persons who are not disabled include, in particular, steps to take account of disabled persons' disabilities."
 

LORD OUSELEY

109DPage 94, line 30, after second "to" insert ", and taking steps to,"
109EPage 94, line 32, at end insert "and taking steps to"
 

BARONESS WARSI

 

BARONESS MORRIS OF BOLTON

110Page 94, line 37, at end insert—
"(   )  A public authority must collect and publish annually data showing, in the exercise of its functions, the exent to which it has succeeded in meeting the requirements of subsection (1)."
 

BARONESS COUSSINS

110APage 94, line 37, at end insert—
"(   )  To demonstrate compliance with the duties in this section a public authority and a person within subsection (2) must show that in the exercise of their functions relevant to the duties in this section they are not failing or have not failed to take such steps as are appropriate and necessary towards the achievement of the matters in subsection (1)(a) to (c)."
 

LORD LESTER OF HERNE HILL

111Page 95, line 3, at end insert—
 "but subsection (1)(b) does not apply to the protected characteristic of religion or belief."
 

Schedule 18

 

LORD LESTER OF HERNE HILL

112Page 195, line 32, leave out ", race or religion or belief" and insert "or race"
 

BARONESS WARSI

 

BARONESS MORRIS OF BOLTON

113Page 196, line 31, at end insert—
"(   )  persons involved in the commissioning, content and broadcast of programmes"
114Page 196, line 38, at end insert—
"(   )  a function in connection with commissioning, content and broadcast of programmes"
114ZA*Page 196, line 38, at end insert—
 

"Exception to the public sector equality duty for small organisations

      Section 148 does not apply to—
(a)  a public authority specified in Schedule 19 that has fewer than 250 employees; or
(b)  a person who is not a public authority, but who exercises public functions and who has fewer than 250 employees."
114ZB*Page 196, line 41, at end insert ", but no such order may vary or omit the exceptions in paragraph 3 or 4(1), (2)(a) to (e) and (3)"
 

Clause 149

 

LORD OUSELEY

114APage 95, line 17, at end insert "and compliance with section 148(1) by a public authority on how it is advancing equality and good relations will be the subject of appropriate assessments by agencies which audit, inspect or regulate public authorities"
 

Schedule 19

 

BARONESS WARSI

 

BARONESS MORRIS OF BOLTON

115Page 198, line 37, at end insert—
 "The relevant qualifications regulator (The Office of the Qualifications and Examinations Regulator—Ofqual)."
 

Clause 150

 

BARONESS WARSI

 

BARONESS MORRIS OF BOLTON

115A*Page 96, line 6, at end insert—
"(   )  An order may not be made under this section so as to include in Schedule 19 any body exercising functions in accordance with paragraphs 3 and 4(1), (2)(a) to (e) and (3) of Schedule 18."
 

Clause 154

 

BARONESS WARSI

 

BARONESS MORRIS OF BOLTON

115B*Page 99, line 4, at end insert—
"(   )  Regulations made under sections 152 or 153 must comply with the Public Sector Equality Directive 2004/18/EC and Directive 2007/66/EC."
 

Clause 158

 

BARONESS WARSI

 

BARONESS MORRIS OF BOLTON

116Page 100, line 28, leave out "reasonably thinks" and insert "can demonstrate"
117Page 100, line 42, leave out "as qualified as" and insert "equally qualified to"
118Page 100, line 42, leave out "to be recruited or promoted, and"
 The above-named Lords give notice of their intention to oppose the Question that Clause 158 stand part of the Bill.
 

After Clause 158

 

BARONESS KNIGHT OF COLLINGTREE

119Insert the following new Clause—
  "Positive action: age and disability
(1)  Nothing in this Act shall prevent the taking of such measures as are specified in subsection (2) in order to facilitate the integration into employment, either generally or in particular areas or a particular workplace, of—
(a)  persons who have attained the age of 50 years, or
(b)  persons with a disability or any class or description of such persons.
(2)  The measures mentioned in subsection (1) are those intended to reduce or eliminate the effects of discrimination against any of the persons referred to in paragaphs (a) and (b) of that subsection."
 

LORD ALLI

 

BARONESS NOAKES

 

BARONESS NEUBERGER

 

BARONESS CAMPBELL OF SURBITON

119AInsert the following new Clause—
  "Civil partnerships
  The Civil Partnership Act 2004 is amended as follows—
(a)  section 2(5) is omitted;
(b)  section 6(1)(b) is omitted;
(c)  section 6(2) is omitted;
(d)  section 93(3) is omitted;
(e)  section 137(5) is omitted."
 

After Clause 159

 

BARONESS WARSI

 

BARONESS MORRIS OF BOLTON

120Insert the following new Clause—
  "Private hire vehicle accessibility regulations
(1)  The Secetary of State may make regulations (in this section referred to as "private hire vehicle accessibility regulations") for securing that it is possible for disabled persons—
(a)  to get into and out of private hire vehicles in safety;
(b)  to do so while in wheelchairs;
(c)  to travel in private hire vehicles in safety and reasonable comfort;
(d)  to do so while in wheelchairs.
(2)  The regulations may, in particular, require a regulated private hire vehicle to conform with provision as to—
(a)  the size of a door opening for the use of passengers;
(b)  the floor area of the passenger compartment;
(c)  the amount of headroom in the passenger compartment;
(d)  the fitting of restraining devices designed to ensure the stability of a wheelchair while the private hire vehicle is moving.
(3)  The regulations may also—
(a)  require the driver of a regulated private hire vehicle which is plying for hire, or which has been hired, to comply with provisions as to the carrying of ramps of other devices designed to facilitate the loading and unloading of wheelchairs;
(b)  require the driver of a regulated private hire vehicle in which a disabled person is being carried while in a wheelchair to comply with provisions as to the position in which the wheelchair is to be secured.
(4)  The driver of a regulated private hire vehicle which is plying for hire or has been hired commits an offence—
(a)  by failing to comply with a requirement of the regulations, or
(b)  if the private hire vehicle fails to conform with any provision of the regulations with which it is required to conform.
(5)  A person guilty of an offence under subsection (4) is liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.
(6)  In this section—
 "passenger compartment" has such meaning as is specified in private hire vehicle accessibility regulations;
 "regulated private hire vehicle" means a private hire vehicle to which private hire accessibility regulations are expressed to apply."
 

BARONESS WILKINS

120AInsert the following new Clause—
  "Control of numbers of licensed taxis: exception
(1)  This section applies if—
(a)  an application for a licence in respect of a vehicle is made under section 37 of the Town Police Clauses Act 1847,
(b)  it is possible for a disabled person—
(i)  to get into and out of the vehicle in safety,
(ii)  to travel in the vehicle in safety and reasonable comfort, and
(iii)  to do the things mentioned in sub-paragraphs (i) and (ii) while in a wheelchair of a size specified in regulations made by the Secretary of State, and
(c)  the proportion of taxis licensed in respect of the area to which the licence would (if granted) apply that conform to the requirement in paragraph (b) is less than the proportion that is specified in regulations made by the Secretary of State.
(2)  Section 16 of the Transport Act 1985 (which modifies the provisions of the Town Police Clauses Act 1847 about hackney carriages to allow a licence to ply for hire to be refused in order to limit the number of licensed carriages) does not apply in relation to the vehicle; and those provisions of the Town Police Clauses Act 1847 are to have effect subject to this section.
(3)  In section 16 of the Transport Act 1985, after "shall" insert "(subject to section (Control of numbers of licensed taxis: exception) of the Equality Act 2010)"."

 
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27 January 2010