Equality Bill [HL]
SECOND
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 8 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 LESTER OF HERNE HILL
THE LORD GOODHART
THE BARONESS PRASHAR |
| 74A* | Insert the following new Clause— |
| | "Independence of Commission |
| (1) | It shall be the duty of each Minister of the Crown to uphold the independence of the Commission in the discharge of its functions. |
| (2) | Subsection (1) does not impose any duty which would be within the legislative competence of the Scottish Parliament to impose." |
| | THE BARONESS FALKNER OF MARGRAVINE
THE BARONESS DAVID
THE BARONESS HOWE OF IDLICOTE |
| 75 | Page 4, line 4, after "understanding" insert "among children and adults" |
| | THE LORD ASHLEY OF STOKE
THE LORD CARTER
THE LORD ADDINGTON
THE BARONESS DARCY DE KNAYTH |
| 76 | Page 4, line 6, at end insert "including positive action to remove barriers to the enjoyment of equality of opportunity; which action shall include measures to secure independent living for disabled persons" |
| | THE LORD PEYTON OF YEOVIL |
| 77 | Page 4, line 7, leave out paragraph (d) |
| 78 | Page 4, line 9, leave out paragraph (e) |
| | THE BARONESS TURNER OF CAMDEN
THE BARONESS GIBSON OF MARKET RASEN |
| 79 | Page 4, line 11, at end insert ", and |
| (h) | work towards the elimination of unlawful discrimination in the provision of goods, facilities and services in respect of all groups or classes of persons described in section 11(2)" |
| | THE BARONESS MILLER OF HENDON
THE LORD DE MAULEY |
| 80 | Page 4, line 11, at end insert ", and |
| ( ) | conduct its affairs in the public interest and with an appropriate degree of independence" |
| | THE BARONESS FALKNER OF MARGRAVINE |
| 81 | Page 4, line 11, at end insert ", and |
| ( ) | facilitate access to advice, legal assistance and where necessary representation in relation to acts of discrimination and harassment within the scope of the equality enactments." |
| | THE LORD ASHLEY OF STOKE
THE LORD CARTER
THE BARONESS WILKINS |
| 82 | Page 4, line 14, after "individuals" insert— |
| | ""independent living" means disabled persons having the same choice, control and freedom as any other person: at home, at work and as members of the community, with practical assistance based on their own choices and aspirations," |
| | THE LORD PEYTON OF YEOVIL |
| 83 | Page 4, line 18, leave out paragraph (a) |
| | THE BARONESS FALKNER OF MARGRAVINE
THE BARONESS DAVID
THE BARONESS HOWE OF IDLICOTE |
| 84 | Page 4, line 18, after "understanding" insert "among children and adults" |
| | THE BARONESS MILLER OF HENDON
THE LORD DE MAULEY |
| 85 | Page 4, line 23, at end insert ", and |
| (e) | promote awareness and understanding of the fact that in appropriate instances human rights involve the person whose rights are protected in concomitant responsibilities" |
| | THE BARONESS FALKNER OF MARGRAVINE
THE BARONESS DAVID
THE BARONESS HOWE OF IDLICOTE |
| 86 | Page 4, line 30, at end insert— |
| "( ) | In determining what action to take in pursuance of children's human rights, the Commission must have particular regard to the importance of the Convention on the Rights of the Child." |
| 87 | Page 5, line 1, leave out from first "the" to end of line 2 and insert "active participation of disabled persons in public life." |
| | THE LORD CARTER
THE LORD ADDINGTON
THE BARONESS DARCY DE KNAYTH
THE LORD OUSELEY |
| | The above-named Lords gives notice of their intention to oppose the Question that Clause 10 stand part of the Bill. |
| | THE LORD LESTER OF HERNE HILL
THE BARONESS FALKNER OF MARGRAVINE
THE LORD ADDINGTON |
| 88 | Page 5, line 12, after "between" insert "members of" |
| | THE BARONESS FALKNER OF MARGRAVINE |
| 89 | Page 5, line 12, after "between" insert "and within" |
| | THE LORD LESTER OF HERNE HILL
THE BARONESS FALKNER OF MARGRAVINE
THE LORD ADDINGTON |
| 90 | Page 5, line 13, after "between" insert "members of different" |
| 91 | Page 5, line 15, after "between" insert "members of" |
| 92 | Page 5, line 16, after "between" insert "members of different" |
| | THE LORD PEYTON OF YEOVIL |
| 92A | Page 5, line 17, leave out paragraph (c) |
| 92B | Page 5, line 19, leave out paragraph (d) |
| | THE BARONESS FALKNER OF MARGRAVINE |
| 93 | Page 5, line 19, leave out "the involuntary isolation of" and insert "segregation and promote the inclusion of all" |
| | THE LORD CARTER
THE LORD ADDINGTON |
| 94 | Page 5, line 22, leave out "a common attribute" and insert "one or more common attributes" |
| 95 | Page 5, line 24, at end insert— |
| | THE LORD OUSELEY
THE LORD ADEBOWALE |
| 96 | Page 5, line 31, at end insert ", and |
| | THE LORD CARTER
THE LORD ADDINGTON |
| 97 | Page 5, line 32, leave out subsection (3) |
| 98 | Page 5, line 43, at end insert— |
| "( ) | The provisions of this section shall be read and given effect in a way which is compatible with the principle that equality of opportunity for disabled persons involves, in particular, taking steps to take account of disabled persons' disabilities, even where that involves treating disabled persons more favourably than other persons." |
| | THE LORD ADDINGTON
THE BARONESS HOWE OF IDLICOTE |
| 99 | Insert the following new Clause— |
| | The Commission must take reasonable steps to involve children in the discharge of its functions under this Part, and in particular to— |
| (a) | ensure that children are made aware of the Commission and how they may communicate with it; |
| (b) | consult children, and organisations working with children, about matters affecting them; and |
| (c) | provide materials and reports in a version which is suitable for children." |
| | THE LORD PEYTON OF YEOVIL |
| 99A | Page 6, line 5, leave out "central government" and insert "Her Majesty's Government" |
| | THE LORD LESTER OF HERNE HILL
THE LORD DHOLAKIA
THE BARONESS PRASHAR |
| 100 | Page 6, line 14, at end insert— |
| "(e) | participate in reporting processes which exist to monitor compliance with international human rights treaties to which the United Kingdom is party." |
| 101 | Page 6, line 15, leave out subsection (3) |
| | THE BARONESS MILLER OF HENDON
THE LORD DE MAULEY |
| 102 | Page 6, line 29, leave out paragraphs (a) and (b) and insert— |
| "(a) | the progress that has been made or is expected to be made in fulfilling its fundamental duty specified in section 3, |
| (b) | the results at which to aim for the purpose of fulfilling that fundamental duty ("outcomes"), and" |
| | THE LORD PEYTON OF YEOVIL |
| 102A | Page 6, line 39, leave out paragraph (c) |
| | THE BARONESS MILLER OF HENDON
THE LORD DE MAULEY |
| 103 | Page 7, line 15, leave out paragraph (d) |
| | THE LORD PEYTON OF YEOVIL |
| 103A | Page 7, line 17, leave out paragraph (e) |
| | THE BARONESS MILLER OF HENDON
THE LORD DE MAULEY |
| 104 | Page 7, line 17, leave out "(d)" and insert "(c)" |
| 105 | Page 7, line 19, leave out "(d)" and insert "(c)" |
| 106 | Page 7, line 20, leave out subsection (2) and insert— |
| "(2) | In pursuance of its duties under sections 8 to 11, the Commission shall without charge give advice or guidance about the effect or operation of an enactment with which it is concerned in a timely manner— |
| (a) | by correspondence (including electronically); or |
| (b) | by the provision of a website; or |
| (c) | by a telephone help line during normal hours; |
| | or by any of those methods. |
| (3) | The giving of advice or guidance in subsection (2) does not include preparing or assisting in the preparation of a document to be used for the purpose of legal proceedings or in proceedings before any tribunal." |
| | THE LORD LESTER OF HERNE HILL
THE LORD DHOLAKIA
THE BARONESS PRASHAR |
| 107 | Page 8, line 13, leave out subsection (4) |
| | THE LORD GOODHART
THE LORD LESTER OF HERNE HILL
THE BARONESS PRASHAR |
| 108 | Page 8, line 18, leave out from "shall" to end of line 24 and insert "lay a draft before Parliament" |
| 109 | Page 8, line 27, leave out from "draft" to end of line 29 |
| 110 | Page 8, line 33, leave out "Secretary of State" and insert "Commission" |
| 111 | Page 8, line 36, leave out paragraphs (a) and (b) and insert "laying a draft code before Parliament" |
| | THE LORD PEYTON OF YEOVIL |
| 111A | Page 9, line 3, leave out subsection (3) |
| | THE LORD CARTER
THE LORD ADDINGTON
THE BARONESS DARCY DE KNAYTH |
| 112 | Page 9, line 9, at end insert— |
| "( ) | For the avoidance of doubt, subsection (4) also applies to a code of practice issued by a Commission dissolved by virtue of section 38 which has not yet been revoked by the Secretary of State under section 44 or revised by the Commission for Equality and Human Rights." |
| | THE LORD GOODHART
THE LORD LESTER OF HERNE HILL
THE BARONESS PRASHAR |
| 113 | Page 9, line 14, leave out "shall comply with a direction of" and insert "may comply with a request from" |
| | THE BARONESS HOWE OF IDLICOTE |
| 114 | Page 9, line 18, at end insert ", and |
| "(c) | may enter into arrangements with the Office of Fair Trading for the purpose of undertaking a market investigation, where the Commission has reason to believe that discrimination is occurring within a market" |
| | THE LORD CARTER
THE LORD ADDINGTON
THE BARONESS DARCY DE KNAYTH
THE LORD OUSELEY |
| | The above-named Lords gives notice of their intention to oppose the Question that Clause 20 stand part of the Bill. |
| | THE LORD GOODHART
THE LORD LESTER OF HERNE HILL
THE BARONESS PRASHAR |
| 115 | Page 11, line 4, leave out "shall" and insert "may" |
| 116 | Page 11, line 5, leave out "directed" and insert "requested" |
| | THE BARONESS MILLER OF HENDON
THE LORD DE MAULEY |
| 117 | Page 11, line 7, leave out "suspects" and insert "has reasonable grounds to suspect" |
| | THE LORD GOODHART
THE LORD LESTER OF HERNE HILL
THE BARONESS PRASHAR |
| 118 | Page 11, line 9, leave out subsection (4) |
| | THE BARONESS MILLER OF HENDON
THE LORD DE MAULEY |
| 119 | Page 11, line 10, leave out "suspects" and insert "has reasonable grounds to suspect" |
|
