Equality Bill
THIRD
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
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.
| 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) |
58ZA* | Page 137, line 42, at end insert |
"(g) | the celebration or marking of any religious festival; |
(h) | the display or presentation of any holy book, religious symbol or religious object; |
(i) | the saying of prayers; |
(j) | the arrangements for funding, or contracting with, a religious organisation." |
| BARONESS HOWE OF IDLICOTE |
58ZB | Page 139, line 8, at end insert |
| "as long as any decision or thing done is a proportionate means of achieving a legitimate aim" |
58ZC | Page 139, line 10, leave out from "following" to end of line 11 |
| BARONESS MORRIS OF BOLTON |
58ZD* | Page 139, line 11, leave out "for the public good" |
| BARONESS HOWE OF IDLICOTE |
58ZE | Page 139, line 22, at end insert |
| "as long as any decision taken or guidance given is a proportionate means of achieving a legitimate aim. |
( ) | Regulations may clarify, for the purposes of sub-paragraphs (2) and (4), what is a proportionate means of achieving a legitimate aim." |
| 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 29 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." |
| BARONESS MORRIS OF BOLTON |
60ZB* | Page 20, line 25, leave out subsection (1) |
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; or |
(c) | the enquiry is for the purpose 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 ROYALL OF BLAISDON |
69A* | Page 40, line 10, leave out subsections (1) to (4) and insert |
"(1) | A person (A) to whom an application for work is made must not ask about the health of the applicant (B) |
(a) | before offering work to B, or |
(b) | where A is not in a position to offer work to B, before including B in a pool of applicants from whom A intends (when in a position to do so) to select a person to whom to offer work. |
(2) | A contravention of subsection (1) (or a contravention of section 110 or 111 that relates to a contravention of section 60(1)) is enforceable as an unlawful act under Part 1 of the Equality Act 2006 (and, by virtue of section 119(8), is enforceable only by the Commission under that Part). |
(3) | A does not contravene a relevant disability provision merely by asking about B's health; but A's conduct in reliance on information given in response may be a contravention of a relevant disability provision. |
(4) | Subsection (4A) applies if B brings proceedings before an employment tribunal on a complaint that A's conduct in reliance on information given in response to a question about B's health is a contravention of a relevant disability provision. |
(4A) | In the application of section 135 to the proceedings, the particulars of the complaint are to be treated for the purposes of subsection (2) of that section as facts from which the tribunal could decide that A contravened the provision." |
69B* | Page 40, line 33, at beginning insert "establishing whether B will be able to comply with a requirement to undergo an assessment or" |
69C* | Page 40, line 35, at end insert |
"(aa) | establishing whether B will be able to carry out a function that is intrinsic to the work concerned," |
69D* | Page 40, line 42, at end insert |
"( ) | In subsection (5)(aa), where A reasonably believes that a duty to make reasonable adjustments would be imposed on A in relation to B in connection with the work, the reference to a function that is intrinsic to the work is to be read as a reference to a function that would be intrinsic to the work once A complied with the duty." |
69E* | Page 41, line 6, leave out from "the" to third "to" in line 8 and insert "references in subsection (1) to offering a person work are, in relation to contract work, to be read as references to allowing a person" |
69F* | Page 41, line 8, at end insert |
"( ) | A reference to offering work is a reference to making a conditional or unconditional offer of work (and, in relation to contract work, is a reference to allowing a person to do the work subject to fulfilment of one or more conditions)." |
69G* | Page 41, line 20, at end insert |
"( ) | An assessment is an interview or other process designed to give an indication of a person's suitability for the work concerned." |
69H* | Page 41, line 25, leave out subsection (11) |
| 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. |
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