Equality Bill [HL]
MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
IN COMMITTEE
The amendments have been marshalled in accordance with the Instruction of 22nd June 2005, as follows—
Clauses 1 and 2
Schedule 1
Clauses 3 to 33
Schedule 2
Clauses 34 to 42 | Schedule 3
Clauses 43 to 89
Schedule 4
Clauses 90 to 93 |
[Amendments marked * are new or have been altered]
Amendment
No.
| | THE LORD GOODHART
THE LORD LESTER OF HERNE HILL
THE BARONESS PRASHAR
THE BARONESS HOWE OF IDLICOTE |
| 1 | Page 54, line 7, leave out "The Secretary of State shall appoint" and insert "There shall be" |
| | THE LORD GOODHART
THE LORD LESTER OF HERNE HILL
THE BARONESS HOWE OF IDLICOTE |
| 2 | Page 54, line 11, at end insert— |
| "(3) | The Commissioners shall be appointed by Her Majesty. |
| (4) | Her Majesty shall appoint one of the Commissioners to be the chairman of the Commission. |
| | 1A (1) There shall be a Committee (to be known as "the Appointments and Oversight Committee") to perform the functions conferred on the Committee by this Act. |
| (2) | The Appointments and Oversight Committee shall consist of— |
| (a) | one person appointed by the Prime Minister after consultation with the leader of each party represented by at least three Members of the House of Commons representing constituencies in Great Britain; |
| (b) | the chairman of the parliamentary Joint Committee on Human Rights or the chairman of any successor to that committee, |
| (c) | the chairman of the Judicial Appointments Commission. |
| (3) | The Appointments and Oversight Committee shall at least once a year make to each House of Parliament a report on the exercise by the Committee of their functions. |
| | 1B The powers of Her Majesty under paragraph 1(3) and (4) shall be exercisable on the recommendation of the Appointments and Oversight Committee." |
| | THE LORD OUSELEY
THE LORD ADEBOWALE |
| 3* | Page 54, line 12, leave out sub-paragraph (1) and insert— |
| "(1) | In appointing Commissioners the Secretary of State shall— |
| (a) | ensure that no fewer than one half of the Commissioners have personal or direct experience of one or more of the causes of discrimination or prejudice referred to in sections 10 and 11(2), and |
| (b) | have regard to the desirability of their together having experience and knowledge relating to the matters in respect of which the Commission has functions, including in particular, human rights." |
| | THE LORD GOODHART
THE LORD LESTER OF HERNE HILL
THE BARONESS PRASHAR |
| 4 | Page 54, line 12, leave out "Secretary of State" and insert "Committee" |
| 5 | Page 54, line 20, leave out "Secretary of State" and insert "Committee" |
| 6* | Page 54, line 21, leave out paragraph (a) and insert— |
| "( ) | two Commissioners who are (or have been) disabled persons," |
| | THE LORD OUSELEY
THE LORD ADEBOWALE |
| 7* | Page 54, line 22, at end insert— |
| "(aa) | Commissioners appointed under paragraph 1(1), of whom not less than one half are women, |
| (ab) | Commissioners appointed under paragraph 1(1), of whom not less than one quarter are from a black or other ethnic minority background," |
| | THE LORD ADDINGTON
THE BARONESS HOWE OF IDLICOTE |
| 8* | Page 54, line 22, at end insert— |
| "( ) | a Commissioner appointed under paragraph 1(1) who has experience of working with children," |
| | THE LORD OUSELEY
THE LORD ADEBOWALE |
| 9* | Page 54, line 28, at end insert ", and— |
| (d) | a Commissioner appointed under paragraph 1(1), with the consent of the Greater London Authority, who knows about conditions in Greater London." |
| | THE BARONESS TURNER OF CAMDEN
THE BARONESS GIBSON OF MARKET RASEN |
| 10 | Page 54, line 28, at end insert— |
| "( ) | The Secretary of State shall invite trade unions and organisations representative of business interests to nominate Commissioners." |
| | THE LORD OUSELEY
THE LORD ADEBOWALE |
| 11* | Page 54, line 29, leave out sub-paragraph (3) |
| | THE LORD GOODHART
THE LORD LESTER OF HERNE HILL
THE BARONESS PRASHAR |
| 12 | Page 55, line 3, leave out from "may" to end and insert "be relieved of his office by Her Majesty at his own request" |
| 13 | Page 55, line 4, leave out sub-paragraph (5) and insert— |
| "(5) | A Commissioner may be removed from office by Her Majesty in pursuance of an Address from both Houses of Parliament. |
| (5A) | No motion shall be made for such an Address unless the Committee have presented a report to each House of Parliament stating that the Committee are satisfied that one or more of the following grounds is made out in the case of the Commissioner in question— |
| (a) | he has failed to discharge the functions of his office for a continuous period of at least 3 months, |
| (b) | he has failed to comply with the terms of his appointment, |
| (c) | he has been convicted of a criminal offence, |
| (d) | he is an undischarged bankrupt, and |
| (e) | he is otherwise unfit to hold his office or unable to carry out its functions." |
| 14 | Page 55, line 8, leave out sub-paragraph (1) |
| 15 | Page 56, line 5, leave out sub-paragraph (2) |
| 16 | Page 56, line 9, leave out "Secretary of State" and insert "Committee" |
| 17 | Page 56, line 21, leave out paragraph (b) |
| 18 | Page 56, line 28, leave out from "were" to end of line 29 |
| | THE BARONESS TURNER OF CAMDEN
THE BARONESS GIBSON OF MARKET RASEN |
| 19 | Page 57, line 5, leave out "may" and insert "shall" |
| 20 | Page 57, line 7, at end insert— |
| "( ) | The committees established under sub-paragraph (1) shall include decision-making committees specialising in gender and race relations and shall include persons with a knowledge of these areas." |
| | THE LORD OUSELEY
THE LORD ADEBOWALE |
| 21* | Page 58, line 10, after "Committee" insert "or to any Equality Committee" |
| 22* | Page 58, line 11, at end insert "or 64D" |
| 23* | Page 58, line 30, after "Committee" insert "or to any Equality Committee" |
| 24* | Page 58, line 30, at end insert "or 64D" |
| 25* | Page 58, line 30, at end insert— |
| | "The power under section 18— |
| (a) | shall be treated by virtue of this paragraph as having been delegated by the Commission to the Scotland Committee in so far as it concerns the making of grants for the purpose of exercising any of the powers treated as delegated to the Scotland Committee in accordance with paragraphs 21 and 22, and |
| (b) | to that extent shall not be exercisable by the Commission." |
| 26* | Page 58, line 30, at end insert— |
| | "The power under section 21— |
| (a) | shall be treated by virtue of this paragraph as having been delegated by the Commission to the Scotland Committee in so far as its exercise, in the opinion of the Commission, affects only Scotland, and |
| (b) | to that extent shall not be exercisable by the Commission." |
| | THE LORD OUSELEY
THE LORD ADEBOWALE |
| 27* | Page 59, line 12, after "Committee" insert "or to any Equality Committee" |
| 28* | Page 59, line 13, at end insert "or 64D" |
| 29* | Page 59, line 32, after "Committee" insert "or to any Equality Committee" |
| 30* | Page 59, line 32, at end insert "or 64D" |
| 31* | Page 59, line 32, at end insert— |
| | "The power under section 18— |
| (a) | shall be treated by virtue of this paragraph as having been delegated by the Commission to the Wales Committee in so far as it concerns the making of grants for the purpose of exercising any of the powers treated as delegated to the Wales Committee in accordance with paragraphs 29 and 30, and |
| (b) | to that extent shall not be exercisable by the Commission." |
| 32* | Page 59, line 32, at end insert— |
| | "The power under section 21— |
| (a) | shall be treated by virtue of this paragraph as having been delegated by the Commission to the Wales Committee in so far as its exercise, in the opinion of the Commission, affects only Wales, and |
| (b) | to that extent shall not be exercisable by the Commission." |
| | THE LORD OUSELEY
THE LORD ADEBOWALE |
| 33* | Page 59, line 34, at end insert— |
| | "Greater London Committee |
| | 31A (1) The Commission shall establish a decision-making committee to be known as the Greater London Committee. |
| (2) | The Commission shall ensure that the Greater London Committee is established before any of sections 8 to 13 come into force (to any extent). |
| | 31B The Commission shall appoint as the Chairman of the Greater London Committee a Commissioner appointed for the purpose of satisfying paragraph 2(2)(d). |
| | 31C The Commission shall appoint each member of the Greater London Committee for a period of not less than two years or more than 5 years, subject to the possibilities of— |
| (b) | dismissal in accordance with the terms of appointment. |
| | 31D The Commission shall, in appointing members of the Greater London Committee, ensure that the Committee includes— |
| (a) | persons no fewer than half of whom have personal or direct experience of one or more of the causes of discrimination or prejudice referred to in sections 10 and 11(2), |
| (b) | not less than one person who is (or has been) a disabled person, |
| (c) | persons no fewer than one half of whom are women, and |
| (d) | persons no fewer than one half of whom are from a black or other ethnic minority background. |
| | 31E The Greater London Committee shall advise the Commission about the exercise of its functions in so far as they affect Greater London. |
| | 31F Before exercising a function in a manner which in the opinion of the Commission is likely to affect persons in Greater London, the Commission shall consult the Greater London Committee. |
| | 31G (1) The power under section 14— |
| (a) | shall be treated by virtue of this paragraph as having been delegated by the Commission to the Greater London Committee in so far as its exercise, in the opinion of the Commission, affects Greater London, and |
| (b) | to that extent shall not be exercisable by the Commission. |
| (2) | Sub-paragraph (1) does not apply to the power under section 14 in so far as it is treated as delegated to the Disability Committee in accordance with paragraph 52. |
| (3) | Sub-paragraph (1) shall not prevent the Commission from making arrangements under section 14(1)(d) or (e) for the provision of advice or guidance to persons anywhere in Great Britain. |
| | 31H (1) The power under section 12(2)(c)— |
| (a) | shall be treated by virtue of this paragraph as having been delegated by the Commission to the Greater London Committee in so far as it concerns the giving of advice to devolved government about enactments which, in the opinion of the Commission, affect only Greater London, and |
| (b) | to that extent shall not be exercisable by the Commission. |
| (2) | The power under section 12(2)(d)— |
| (a) | shall be treated by virtue of this paragraph as having been delegated by the Commission to the Greater London Committee in so far as it concerns the giving of advice to devolved government about proposed changes in the law which, in the opinion of the Commission, would affect only Greater London, and |
| (b) | to that extent shall not be exercisable by the Commission. |
| (3) | Sub-paragraphs (1) and (2) shall not apply to the powers under section 12(2)(c) and (d) in so far as they are treated as delegated to the Disability Committee in accordance with paragraph 52. |
| | 31I In allocating its resources the Commission shall ensure that the Greater London Committee receives a share sufficient to enable it to exercise its functions." |
| | THE LORD GOODHART
THE LORD LESTER OF HERNE HILL
THE BARONESS PRASHAR |
| 34 | Page 60, line 1, leave out from "shall" to end of line 5 and insert "lay each annual report before each House of Parliament and shall send a copy of the annual report to the Committee" |
| 35 | Page 60, line 24, leave out "Secretary of State" and insert "Committee" |
| 36 | Page 60, line 25, leave out "Secretary of State" and insert "Committee" |
| 37 | Page 60, line 28, leave out "Secretary of State" and insert "Committee" |
| 38* | Page 60, line 29, at end insert— |
| "( ) | The payments made under sub-paragraphs (1) and (2) to or in respect of the Commissioner appointed for the purpose of satisfying paragraph 2(2)(b) shall be sufficient to enable him to devote at least 200 working days per year to his functions as a Commissioner. |
| ( ) | The payments made under sub-paragraphs (1) and (2) to or in respect of the Commissioner appointed for the purpose of satisfying paragraph 2(2)(c) shall be sufficient to enable him to devote at least 200 working days per year to his functions as a Commissioner." |
| | THE LORD GOODHART
THE LORD LESTER OF HERNE HILL
THE BARONESS PRASHAR |
| 39 | Page 60, line 30, leave out "Secretary of State" and insert "Committee" |
| 40 | Page 60, line 33, leave out "Secretary of State" and insert "Committee" |
| 41 | Page 61, line 9, leave out "Secretary of State" and insert "Committee" |
| 42 | Page 61, line 19, leave out paragraph 38 and insert— |
| | "38 (1) The expenditure of the Commission, so far as it cannot be met out of income received by the Commission, shall be met, in accordance with this paragraph, out of money provided by Parliament. |
| (2) | For each financial year (other than the Commission's first financial year) the Commission shall prepare, and submit to the Appointments and Oversight Committee, an estimate of the Commission's income and expenditure. |
| (a) | examine each such estimate submitted to them; |
| (b) | decide whether they are satisfied that the estimated level of income and expenditure is consistent with the economical, efficient and effective discharge by the Commission of their functions; and |
| (c) | if they are not so satisfied, shall make such modifications to the estimate as they consider appropriate for the purpose of achieving such consistency. |
| (4) | Before deciding whether they are so satisfied or making any such modifications, the Committee shall— |
| (a) | have regard to the most recent report made to them by the Comptroller and Auditor General under paragraph 40 and to any recommendations contained in that report; and |
| (b) | consult the Treasury and have regard to any advice which the Treasury may give. |
| (5) | The Committee shall, after concluding their examination and making their modifications (if any) to the estimate, lay the estimate before the House of Commons. |
| (6) | If the Committee, in the discharge of their functions under this paragraph— |
| (a) | do not follow any recommendation contained in the report of the Comptroller and Auditor General, |
| (b) | do not follow any advice given to them by the Treasury, or |
| (c) | make any modification to the estimate, |
| | they shall include in the next report which they make to the House of Commons under paragraph 1 of Schedule 2 a statement of their reasons for so doing." |
| 43 | Page 61, line 26, leave out paragraph 40 and insert— |
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