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Amendments to the Race Relations (Amendment) Bill [H.L.]

Race Relations (Amendment) Bill [H.L.] -
Amendments to be debated in the House of Lords

Here you can browse the Marshalled List of Amendments to the Race Relations (Amendment) Bill [H.L.] to be moved on Report in the House of Lords.

 These amendments have been marshalled in accordance with the Order of 24th January 2000, as follows-- 
 Clause 1
Schedule 1
Clauses 2 to 8
Schedules 2 and 3
Clause 9
 
 [Amendments marked * are new or have been altered] 
Amendment
No.
 
  
Clause 1
 
  
BY THE LORD LESTER OF HERNE HILL
THE BARONESS PRASHAR
THE BARONESS HOWELLS OF ST DAVIDS
THE LORD PATEL
 
1     Page 1, line 9, leave out from ("a") to ("to") in line 11 and insert ("public authority") 
  
BY THE LORD LESTER OF HERNE HILL
THE BARONESS PRASHAR
THE BARONESS HOWELLS OF ST DAVIDS
 
2     Page 1, leave out lines 13 and 14 
  
BY THE LORD LESTER OF HERNE HILL
THE BARONESS PRASHAR
THE BARONESS HOWELLS OF ST DAVIDS
THE LORD PATEL
 
3     Page 1, leave out lines 15 to 17 
4     Page 1, leave out lines 18 to 20 
5     Page 1, leave out lines 21 to 24 
6     Page 1, line 25, leave out from beginning to end of line 10 on page 2 
7     Page 2, leave out lines 11 to 15 
  
BY THE LORD LESTER OF HERNE HILL
THE BARONESS PRASHAR
THE BARONESS HOWELLS OF ST DAVIDS
 
8     Page 2, line 21 at end insert--
 
    ("(9)  Nothing in this section shall make unlawful any measures appropriate and necessary to meet the special needs of persons of a particular racial group or any measures designed to prevent or compensate for disadvantages suffered by persons of that racial group.")
 
9     Page 2, leave out lines 22 to 25 and insert--
 
    ("(1)  Nothing in section 19B shall render unlawful any act done by a relevant person in carrying out immigration and nationality functions in affording persons of a particular nationality, religion, or ethnic or national origin special treatment on humanitarian grounds.")
 
  
BY THE LORD BASSAM OF BRIGHTON
 
10*     Page 3, line 12, leave out from ("or") to end of line 13 and insert ("where such a decision has been made, to any act done for the purpose of making a decision about instituting criminal proceedings."") 
  
BY THE LORD LESTER OF HERNE HILL
THE BARONESS PRASHAR
THE BARONESS HOWELLS OF ST DAVIDS
THE LORD PATEL
 
11     Page 3, line 14, leave out subsection (2) and insert--
 
    ("(2) After section 78(2) of the 1976 Act (interpretation) there is inserted--
        (2A)  In this Act, "public authority" includes any person certain of whose functions are functions of a public nature, but does not include either House of Parliament or a person exercising functions in connection with proceedings in Parliament.".")
 
  
Schedule 1
 
  
BY THE LORD COPE OF BERKELEY
THE VISCOUNT ASTOR
 
12*     Page 10, line 26, at end insert--
 
    ("(4)  Sub-paragraphs (1) and (2) shall not take effect until the Scottish Parliament have approved the provisions of this Act which cover matters devolved under the Scotland Act 1998.")
 
  
BY THE LORD LESTER OF HERNE HILL
THE BARONESS PRASHAR
THE BARONESS HOWELLS OF ST DAVIDS
THE LORD PATEL
 
13     Leave out Schedule 1 
  
Clause 3
 
  
BY THE LORD BASSAM OF BRIGHTON
 
14*     Page 4, line 40, leave out ("relevant") and insert ("police") 
  
Clause 4
 
  
BY THE LORD COPE OF BERKELEY
THE VISCOUNT ASTOR
 
15*     Page 6, line 7, leave out ("other than damages") 
  
BY THE LORD BASSAM OF BRIGHTON
 
16*     Page 6, line 7, after ("damages") insert ("or
    (b)  a declaration or, in Scotland, a declarator")
 
  
BY THE LORD COPE OF BERKELEY
THE VISCOUNT ASTOR
 
17*     Page 6, line 8, leave out from ("obtainable") to end of line 10 and insert ("until the court is satisfied that the remedy concerned would not prejudice an ongoing criminal investigation, a pending decision to institute criminal proceedings or any ongoing criminal proceedings.") 
  
BY THE LORD BASSAM OF BRIGHTON
 
18*     Page 7, leave out lines 3 to 32 and insert--
        (""(4A) In section 19B proceedings, subsection (2)(b) does not apply in relation to a failure to reply, or a particular reply, if the conditions specified in subsection (4B) are satisfied.
        (4B)  Those conditions are that--
      (a)  at the time of doing any relevant act, the respondent was carrying out public investigator functions or was a public prosecutor; and
      (b)  he reasonably believes that a reply or (as the case may be) a different reply would be likely to prejudice any criminal investigation, any decision to institute criminal proceedings or any criminal proceedings.
        (4C)  For the purposes of subsections (4A) and (4B)--
      public investigator functions" has the same meaning as in section 57;
      section 19B proceedings" means proceedings in respect of a claim under section 57 which has arisen by virtue of section 19B."")
 
  
Before Clause 8
 
  
BY THE LORD LESTER OF HERNE HILL
THE BARONESS PRASHAR
THE BARONESS HOWELLS OF ST DAVIDS
THE LORD PATEL
 
19*     Insert the following new Clause-- 
     ("  .--(1)  For section 71 of the Race Relations Act 1976 there shall be substituted--General duty on public authorities.
 <~et>General duty on public authorities.     71.--(1)  Without prejudice to its obligation to comply with any other provision of this Act, a public authority to which this section applies shall have due regard to the need-- 
  
    (a)  to eliminate unlawful racial discrimination;
 
  
    (b)  to promote equality of opportunity between persons of different colour, race, nationality or ethnic or national origins; and
 
  
    (c)  to promote good relations between persons of different racial groups.
 
 
    (2)  Within six months of the coming into force of this section, the Secretary of State shall by order designate the public authorities to which this section applies.

    (3)  The Secretary of State may by further order amend the order in subsection (2) to designate public authorities to which this section shall apply or shall cease to apply.

    (4)  The compliance of each public authority to which this section applies with the requirements of this section shall be subject to inspection and appraisal in accordance with regulations to be made by the Secretary of State.

    (5)  The power conferred by subsection (3) on the Secretary of State is exercisable only after consultation with the Commission for Racial Equality and such other bodies or persons as the Secretary of State may consider appropriate in the particular case.

    (6)  If it appears to the Commission for Racial Equality that a public authority to which this section applies has failed to take appropriate steps to comply with this section, the Commission may apply to a designated county court or sheriff court for an order requiring it to take such steps; and the court, if satisfied that the application is well-founded, may grant the order in the terms applied for or in more limited terms."")

 
 
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Prepared 26 January 2000