Equality Bill [HL]
THIRD
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 44 to 89
Schedule 4 | Clauses 90 to 93 |
[Amendments marked * are new or have been altered]
Amendment
No.
| | THE BARONESS TURNER OF CAMDEN |
| 168 | Page 25, line 22, leave out "means any religious or philosophical belief" and insert "has the same meaning as in Schedule 1 to the Human Rights Act 1998 (c. 42)" |
| | THE BARONESS MILLER OF HENDON
THE LORD DE MAULEY |
| 169 | Page 25, line 22, after "or" insert "similar" |
| 169A | Insert the following new Clause— |
| | In this Part "age" refers to a person's chronological age, or to a group of persons of similar chronological age to which a person is presumed to belong." |
| | THE LORD LESTER OF HERNE HILL
THE LORD DHOLAKIA |
| 170 | Page 25, line 31, leave out paragraph (a) |
| 171 | Page 25, line 35, leave out "requirement, condition" and insert "provision, criterion" |
| 171A | Page 26, line 17, at end insert— |
| "(6) | A person ("A") discriminates against another person ("B") for the purposes of this Part if, on the ground that B intends to undergo, is undergoing or has undergone gender reassignment, A treats B less favourably than he treats or would treat other persons (in cases where there is no material difference in the relevant circumstances). |
| (7) | In subsection (6) the reference to intending to undergo or undergoing gender reassignment includes a reference to undergoing any form of gender reassignment which B or any other person is thought to have undergone, or to be undergoing, or intends to undergo. |
| (8) | A person ("A") discriminates against another person ("B") for the purposes of this Part if A applies to B a requirement, provision, criterion or practice— |
| (a) | which he applies or would apply equally to persons who are not intending to undergo, are undergoing, or have undergone gender reassignment in a similar manner as B, |
| (b) | which puts or would put persons intending to undergo, are undergoing, or have undergone gender reassignment in a similar manner as B at a disadvantage when compared with some or all other persons (in cases where there is no material difference in the relevant circumstances), |
| (c) | which puts B at a disadvantage when compared with some or all other persons who are not intending to undergo, are undergoing, or have undergone gender reassignment in a similar manner as B (in cases where there is no material difference in the relevant circumstances), and |
| (d) | which A cannot reasonably justify by reference to matters other than the fact that B's is intending to undergo, is undergoing, or has undergone gender reassignment as a proportionate means of achieving a legitimate aim. |
| (9) | A person ("A") discriminates against another person ("B") for the purposes of this Part if on the grounds of age A treats B less favourably than he treats or would treat other persons (in cases where there is no material difference in the relevant circumstances), and where A cannot reasonably justify this less favourable treatment as a proportionate means of achieving a legitimate aim. |
| (10) | In subsection (9) the reference to age includes a reference to an age which B or any other person is thought to possess. |
| (11) | A person ("A") discriminates against another person ("B") for the purposes of this Part if A applies to B a requirement, provision, criterion or practice— |
| (a) | which he applies or would apply equally to persons not of the same age as B, |
| (b) | which puts or would put persons of the same age as B at a disadvantage when compared with some or all other persons (in cases where there is no material difference in the relevant circumstances), |
| (c) | which puts B at a disadvantage when compared with some or all other persons who are not of the same age as B (in cases where there is no material difference in the relevant circumstances), and |
| (d) | which A cannot reasonably justify by reference to matters other than B's age as a proportionate means of achieving a legitimate aim. |
| (12) | A person ("A") discriminates against another person ("B") for the purposes of this Part if on the grounds of his marital status, A treats B less favourably than he treats or would treat other persons (in cases where there is no material difference in the relevant circumstances). |
| (13) | In subsection (12) the reference to marital status includes a reference to a marital status which B or any other person is thought to possess. |
| (14) | A person ("A") discriminates against another person ("B") for the purposes of this Part if A applies to B a requirement, provision, criterion or practice— |
| (a) | which he applies or would apply equally to persons not of the same marital status as B, |
| (b) | which puts or would put persons of the same marital status as B at a disadvantage when compared with some or all other persons (in cases where there is no material difference in the relevant circumstances), |
| (c) | which puts B at a disadvantage when compared with some or all other persons who are not of the same marital status as B (in cases where there is no material difference in the relevant circumstances), and |
| (d) | which A cannot reasonably justify by reference to matters other than B's marital status as a proportionate means of achieving a legitimate aim." |
| | THE LORD LESTER OF HERNE HILL
THE LORD DHOLAKIA |
| 172 | Page 26, line 22, after "dignity" insert "by violating B's right to respect for private life or subjecting B to inhuman or degrading treatment or punishment" |
| 173 | Page 26, line 26, leave out paragraph (a) |
| 173A | Page 26, line 34, at end insert— |
| "( ) | Action by A shall not be regarded as having the effect described in subsection (1) if it involves allowing religious objects, books, practices and observances to remain in place." |
| 173B | Insert the following new Clause— |
| | "Harassment on grounds of age, gender reassignment, or marital status |
| (1) | For the purposes of this Part, a person ("A") harasses another person ("B") if on grounds of age, intention to undergo gender reassignment, the undergoing of gender reassignment, gender reassignment having been undergone, or marital status, A does anything which has the purpose or effect of— |
| (a) | violating B's dignity; or |
| (b) | creating an intimidating, hostile, degrading, humiliating or offensive environment for B. |
| (2) | In subsection (1), references to age, gender reassignment and marital status include references to an age, intention to undergo gender reassignment, or marital status to which B or any other person is thought to possess, and to any gender reassignment that B is thought to have undergone or be undergoing. |
| (3) | Action by A shall be regarded as having the effect specified in subsection (1)(a) and (b) only if it should reasonably be considered as having that effect having regard to— |
| (b) | all the circumstances. |
| (4) | Where B wants A to do something, it is not harassment for the purposes of subsection (1)." |
| | THE LORD PENDRY
THE BARONESS HOWE OF IDLICOTE |
| 174 | Page 27, line 21, after "for" insert "play," |
| | THE LORD FALCONER OF THOROTON |
| 175 | Page 28, line 17, leave out "49" and insert "49(1), (2) and (5)" |
| | THE LORD LESTER OF HERNE HILL
THE LORD DHOLAKIA |
| 176 | Page 28, line 17, leave out "49" and insert "49(1), (2), (3) and (5)" |
| | THE LORD FALCONER OF THOROTON |
| 177 | Page 28, line 17, after "disposal" insert "or management" |
| 178 | Page 28, line 37, leave out "49" and insert "49(1) and (5)" |
| | THE LORD FALCONER OF THOROTON |
| 179 | Page 29, line 37, leave out "51" and insert "51(1)" |
| 179A | Page 29, line 37, after "apply" insert "where its effect is to make unlawful acts as set out in section 46(1), (2) and (4)" |
| | THE LORD LESTER OF HERNE HILL
THE LORD DHOLAKIA |
| 180 | Page 30, line 20, leave out subsection (2) |
| 181 | Page 30, line 20, leave out subsection (2) and insert— |
| "(2) | Subsection (1) does not apply to the filling of unfilled places in schools with a religious character, which shall be filled in accordance with the "Codes of Practice—School Admissions 2003"." |
| | THE LORD FALCONER OF THOROTON |
| 182 | Page 30, line 23, at end insert— |
| "(2A) | In the application of section 51(2) to an educational establishment falling within subsection (1) above, conduct shall not be unlawful if it is necessary having regard to the purpose of the establishment." |
| 183 | Page 30, line 25, leave out "or (2)" and insert ", (2) or (2A)" |
| 184 | Page 30, line 38, leave out "such" and insert "the Scottish Ministers, the National Assembly for Wales and such other" |
| | THE BARONESS TURNER OF CAMDEN
THE LORD LESTER OF HERNE HILL
THE LORD DHOLAKIA |
| 185 | Page 30, line 44, at end insert "— |
| | THE LORD FALCONER OF THOROTON |
| 186 | Page 30, line 45, leave out "or harass" |
| | THE BARONESS TURNER OF CAMDEN
THE LORD LESTER OF HERNE HILL
THE LORD DHOLAKIA |
| 187 | Page 30, line 45, after "or" insert— |
| | THE LORD FALCONER OF THOROTON |
| 188 | Page 30, line 45, at end insert— |
| "( ) | It is unlawful for a local education authority (in England and Wales) or an education authority (in Scotland) in the exercise of their functions to harass a person." |
| | THE BARONESS TURNER OF CAMDEN
THE LORD LESTER OF HERNE HILL
THE LORD DHOLAKIA |
| 189 | Page 30, line 46, leave out "(1)" and insert "(1)(a)" |
| | THE BARONESS TURNER OF CAMDEN |
| 190 | Page 31, line 3, leave out paragraph (b) |
| | THE LORD LESTER OF HERNE HILL
THE LORD DHOLAKIA |
| 191 | Page 31, line 9, leave out "(1)" and insert "(1)(a)" |
| 191A | Page 31, line 28, at end insert— |
| "(1A) | For the avoidance of doubt the prohibition in subsection (1) shall include— |
| (a) | requiring a registrar or any other person to arrange, officiate at or otherwise participate in the registration of a civil partnership under the Civil Partnership Act 2004 (c. 33), |
| (b) | requiring a registrar or any other person to arrange, solemnise or otherwise participate in the registration of a marriage involving a person whose gender has become the acquired gender under the Gender Recognition Act 2004 (c. 7), |
| (c) | requiring any person to participate in any placement under section 18 of the Adoption and Children Act 2002 (c. 38) (placement for adoption by agencies), or any application under section 49 of that Act (application for adoption) where the placement is with, or the application is made by, a couple who are not a married couple, or one applicant is part of a couple within the meaning of section 144(4)(b) of the Adoption and Children Act 2002 (general interpretation etc.), |
| | where the person concerned has a conscientious objection on the basis of his religion or belief." |
| | THE LORD LESTER OF HERNE HILL
THE LORD DHOLAKIA
THE BARONESS FALKNER OF MARGRAVINE |
| 192 | Page 32, line 8, leave out paragraph (f) |
| | THE LORD FALCONER OF THOROTON |
| 193 | Page 32, line 18, at end insert "(but this exception does not have effect in relation to harassment)" |
| 194 | Page 32, line 21, at end insert "(but this exception does not have effect in relation to harassment)" |
| 195 | Page 32, line 22, after "institution" insert "(but this exception does not have effect in relation to harassment)," |
| 196 | Page 32, line 24, at end insert "(but this exception does not have effect in relation to harassment)" |
| 197 | Page 32, line 31, leave out "or" and insert "other than section 48, or by virtue of a provision" |
| | THE LORD FALCONER OF THOROTON |
| 198 | Page 33, line 28, leave out paragraph (a) |
| 199 | Page 33, line 34, leave out "or harassment" |
| 200 | Page 33, line 35, leave out "or harassment" |
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