Equality Bill [HL]
AMENDMENTS
TO BE MOVED
IN COMMITTEE
[Supplementary to the Marshalled List]
| | THE BARONESS CARNEGY OF LOUR |
| Page 3, line 19, after "action" insert "in Scotland" |
| Page 3, line 21, at end insert "and has exercised that legislative competence" |
| Page 3, line 24, at end insert— |
| Page 3, line 28, leave out sub-paragraph (iii) |
| Page 3, line 36, at end insert "and has exercised that legislative competence" |
| | THE LORD PEYTON OF YEOVIL |
| Page 5, line 17, leave out paragraph (c) |
| Page 5, line 19, leave out paragraph (d) |
| | THE LORD PEYTON OF YEOVIL |
| Page 6, line 5, leave out "central government" and insert "Her Majesty's Government" |
| | THE LORD PEYTON OF YEOVIL |
| Page 6, line 39, leave out paragraph (c) |
| | THE LORD PEYTON OF YEOVIL |
| Page 7, line 17, leave out paragraph (e) |
| | THE LORD PEYTON OF YEOVIL |
| Page 9, line 3, leave out subsection (3) |
| Page 31, line 28, at end insert— |
| "(1A) | For the avoidance of doubt the prohibition in subection (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." |
| Page 35, line 16, leave out "or main" |
| | The Baroness O'Cathain gives notice of her intention to oppose the Question that Clause 65 stand part of the Bill. |
| | THE BARONESS CARNEGY OF LOUR
THE DUKE OF MONTROSE |
| Page 40, line 33, leave out from "solicitor" to end of line 35 |
| | THE BARONESS CARNEGY OF LOUR
THE DUKE OF MONTROSE |
| Page 42, line 37, leave out from "means" to end of line 39 and insert "a Scottish charity within the meaning of the Charities and Trustee Investment (Scotland) Act 2005" |
| | THE LORD ALLI
THE LORD LESTER OF HERNE HILL |
| Insert the following new Clause—
"PART 2A
Discrimination on grounds of sexual orientation
Key concepts
|
| | In this Part "sexual orientation" means a sexual orientation towards— |
| (a) | persons of the same sex; |
| (b) | persons of the opposite sex; or |
| (c) | persons of the same sex and of the opposite sex." |
| Insert the following new Clause— |
| (1) | A person ("A") discriminates against another ("B") for the purposes of this Part if on grounds of sexual orientation A treats B less favourably than he treats or would treat others (in cases where there is no material difference in the relevant circumstances). |
| (2) | In subsection (1) the reference to sexual orientation is a reference to— |
| (a) | the sexual orientation of B or of any other person except A, and |
| (b) | the perceived sexual orientation of B or of any other person except A. |
| (3) | A person ("A") discriminates against another ("B") for the purposes of this Part if A applies to B a requirement, condition or practice— |
| (a) | which he applies or would apply equally to persons not of B's sexual orientation, |
| (b) | which puts persons of B's sexual orientation at a disadvantage compared to some or all others (where there is no material difference in the relevant circumstances), |
| (c) | which puts B at a disadvantage compared to some or all persons who are not of his sexual orientation (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 sexual orientation. |
| (4) | A person ("A") discriminates against another ("B") if A treats B less favourably than he treats or would treat another and does so by reason of the fact that, or by reason of A's knowledge or suspicion that, B— |
| (a) | has brought or intended to bring, or intends to bring, proceedings under this Part, |
| (b) | has given or intended to give, or intends to give, evidence in proceedings under this Part, |
| (c) | has provided or intended to provide, or intends to provide, information in connection with proceedings under this Part, |
| (d) | has done or intended to do, or intends to do, any other thing under or in connection with this Part, or |
| (e) | has alleged or intended to allege, or intends to allege, that a person contravened this Part. |
| (5) | Subsection (4) does not apply where A's treatment of B relates to B's making or intending to make, not in good faith, a false allegation." |
| Insert the following new Clause— |
| (1) | For the purposes of this Part a person ("A") harasses another ("B") if on grounds of sexual orientation 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. |
| (a) | "sexual orientation" means the sexual orientation of B or of any other person except A, and |
| (b) | a reference to a person's sexual orientation includes a reference to the perceived sexual orientation of a person. |
| (3) | Action by A shall be regarded as having the effect described in subsection (1)(a) or (b) only if it should reasonably be regarded as having that effect having regard to— |
| (b) | all the other circumstances. |
| (4) | Where B wants A to do something, it is not harassment for the purposes of subsection (1)." |
| Insert the following new Clause— |
| | "Prohibited discrimination and harassment |
| | Goods, facilities and services |
| (1) | It is unlawful for a person ("A") concerned with the provision to the public or a section of the public of goods, facilities or services to discriminate against a person ("B") who seeks to obtain or use those goods, facilities or services— |
| (a) | by refusing to provide B with goods, facilities or services, |
| (b) | by refusing to provide B with goods, facilities or services of a quality which is the same as or similar to the quality of goods, facilities or services that A normally provides to— |
| (ii) | a section of the public to which B belongs, |
| (c) | by refusing to provide B with goods, facilities or services in a manner which is the same as or similar to that in which A normally provides goods, facilities or services to— |
| (ii) | a section of the public to which B belongs, or |
| (d) | by refusing to provide B with goods, facilities or services on terms which are the same as or similar to the terms on which A normally provides goods, facilities or services to— |
| (ii) | a section of the public to which B belongs. |
| (2) | Subsection (1) applies, in particular, to— |
| (a) | access to and use of a place which the public are permitted to enter, |
| (b) | accommodation in a hotel, boarding house or similar establishment, |
| (c) | facilities by way of banking or insurance or for grants, loans, credit or finance, |
| (d) | facilities for entertainment, recreation or refreshment, |
| (e) | facilities for transport or travel, and |
| (f) | the services of a profession or trade. |
| (3) | Subsection (1) does not apply to discrimination in relation to the provision of goods, facilities, or services if discrimination in relation to that provision— |
| (a) | is unlawful by virtue of another provision of this Part or by virtue of a provision of the Employment Equality (Sexual Orientation) Regulations 2003 (S.I. 2003/1661), or |
| (b) | would be unlawful by virtue of another provision of this Part or of those regulations but for an express exception. |
| (4) | For the purposes of subsection (1) it is immaterial whether or not a person charges for the provision of goods, facilities or services." |
| Insert the following new Clause— |
| (1) | It is unlawful for a person to discriminate against another— |
| (a) | in the terms on which he offers to dispose of premises to him, |
| (b) | by refusing to dispose of premises to him, or |
| (c) | in connection with a list of persons requiring premises. |
| (2) | It is unlawful for a person managing premises to discriminate against an occupier— |
| (a) | in the manner in which he provides access to a benefit or facility, |
| (b) | by refusing access to a benefit or facility, |
| (d) | by subjecting him to another detriment. |
| (3) | It is unlawful for a person managing premises to harass an occupier. |
| (4) | It is unlawful for a person concerned in the disposal of premises to harass a person who applies to occupy premises. |
| (5) | It is unlawful for a person to discriminate against another by refusing permission for the disposal of premises to him. |
| (6) | This section applies only to premises in Great Britain." |
| Insert the following new Clause— |
| (1) | Section (Premises) shall not apply to anything done in relation to the disposal of part of premises by a person ("the landlord") if— |
| (a) | the landlord or a near relative resides, and intends to continue to reside, in another part of the premises, |
| (b) | the premises include parts (other than storage areas and means of access) shared by residents of the premises, and |
| (c) | the premises are not normally sufficient to accommodate— |
| (i) | in the case of premises to be occupied by households, more than two households in addition to that of the landlord or his near relative, or |
| (ii) | in the case of premises to be occupied by individuals, more than six individuals in addition to the landlord or his near relative. |
| (2) | In subsection (1) "near relative" means— |
| (a) | spouse or civil partner, |
| (b) | parent or grandparent, |
| (c) | child or grandchild (whether or not legitimate), |
| (d) | the spouse or civil partner of a child or grandchild, |
| (e) | brother or sister (whether of full blood or half-blood), and |
| (f) | any of the relationships, listed in paragraphs (b) to (e) above that arises through marriage, civil partnership or adoption. |
| (3) | Section (Premises) shall not apply to the disposal of premises by a person who— |
| (a) | owns an estate or interest in the premises, |
| (b) | occupies the whole of the premises, |
| (c) | does not use the services of an estate agent for the purposes of the disposal, and |
| (d) | does not arrange for the publication of an advertisement for the purposes of the disposal." |
| Insert the following new Clause— |
| | "Public authorities: general |
| (1) | It is unlawful for a public authority exercising a function to do any act which constitutes discrimination or harassment on grounds of sexual orientation. |
| (a) | "public authority" includes any person who has functions of a public nature (subject to subsections (3) and (4)), and |
| (b) | "function" means function of a public nature. |
| (3) | The prohibition in subsection (1) shall not apply to— |
| (a) | the House of Commons, |
| (c) | the authorities of either House of Parliament, |
| (d) | the Security Service, |
| (e) | the Secret Intelligence Service, |
| (f) | the Government Communications Headquarters, or |
| (g) | a part of the armed forces of the Crown which is, in accordance with a requirement of the Secretary of State, assisting the Government Communications Headquarters. |
| (4) | The prohibition in subsection (1) shall not apply to— |
| (a) | the exercise of a judicial function (whether in connection with a court or tribunal), |
| (b) | anything done on behalf of or on the instructions of a person exercising a judicial function (whether in connection with a court or a tribunal), |
| (c) | preparing, passing (or making), confirming, approving or considering an enactment (including legislation made by or by virtue of a Measure of the General Synod of the Church of England), |
| (d) | the making of an instrument by a Minister of the Crown under an enactment, |
| (e) | the making of an instrument by the Scottish Ministers or a member of the Scottish Executive under an enactment, |
| (f) | a decision to refuse entry clearance or to vary leave to enter or remain in the United Kingdom, in accordance with the Immigration Acts, or anything done for the purposes of or in pursuance of a decision of that kind, |
| (g) | a decision not to institute or continue criminal proceedings (and anything done for the purpose of reaching, or in pursuance of, such a decision), |
| (h) | the exercise of the power under section 2 of the Local Government Act 2000 (c. 22) (promotion of well-being), or |
| (i) | is unlawful by virtue of another provision of this Part or by virtue of a provision of the Employment Equality (Sexual Orientation) Regulations 2003 (S.I. 2003/1661), or |
| (ii) | would be unlawful by virtue of another provision of this Part or of those regulations but for an express exception. |
| (5) | In an action under section (Claim of unlawful action) in respect of a contravention of this section— |
| (a) | the court shall not grant an injunction unless satisfied that it will not prejudice criminal proceedings or a criminal investigation, and |
| (b) | the court shall grant any application to stay the section (Claim of unlawful action) proceedings on the grounds of prejudice to criminal proceedings or to a criminal investigation, unless satisfied that the proceedings or investigation will not be prejudiced. |
| | "criminal investigation" means— |
| (a) | an investigation into the commission of an alleged offence, and |
| (b) | a decision whether to institute criminal proceedings, and |
| | "enactment" includes an Act of the Scottish Parliament. |
| (7) | In the application of this section to proceedings in Scotland— |
| (a) | a reference to the court shall be taken as a reference to the sheriff, |
| (b) | a reference to an injunction shall be taken as a reference to an interdict, |
| (c) | a reference to staying proceedings shall be taken as a reference to sisting proceedings, and |
| (d) | a reference to the respondent or potential respondent shall be taken as a reference to the defender or potential defender." |
| Insert the following new Clause— |
| (1) | It is unlawful for a person to operate a practice which— |
| (a) | results in unlawful discrimination or harassment, or |
| (b) | would be likely to result in unlawful discrimination if applied to persons on grounds of their sexual orientation. |
| (2) | It is unlawful for a person to adopt or maintain a practice or arrangement in accordance with which in certain circumstances a practice would be operated in contravention of subsection (1). |
| (3) | In this section "unlawful discrimination or harassment" means discrimination or harassment which is unlawful by virtue of any of sections (Goods, facilities and services) to (Public authorities: general). |
| (4) | Proceedings in respect of a contravention of this section may be brought only— |
| (a) | by the Commission for Equality and Human Rights, and |
| (b) | in accordance with sections 22 to 26." |
| Insert the following new Clause— |
| | "Discriminatory advertisements |
| (1) | It is unlawful to publish an advertisement, or to cause an advertisement to be published, if it indicates (expressly or impliedly) an intention by any person to discriminate unlawfully. |
| (2) | In subsection (1) the reference to unlawful discrimination is a reference to discrimination which is unlawful by virtue of any of sections (Goods, facilities and services) to (Public authorities: general). |
| (3) | Proceedings in respect of a contravention of subsection (1) may be brought only— |
| (a) | by the Commission for Equality and Human Rights, and |
| (b) | in accordance with section 27. |
| (4) | A person who publishes an advertisement shall not be liable in proceedings under that section in respect of the publication of the advertisement if he proves that— |
| (a) | he published in reliance on a statement, made by a person causing the advertisement to be published, that subsection (1) would not apply, and |
| (b) | that it was reasonable to rely on that statement. |
| (5) | A person commits an offence if he knowingly or recklessly makes a false statement of the kind mentioned in subsection (4)(a). |
| (6) | A person guilty of an offence under subsection (5) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale." |
| Insert the following new Clause— |
| | "Instructing or causing discrimination or harassment |
| (1) | It is unlawful for a person to instruct another to unlawfully discriminate or to unlawfully harass. |
| (2) | It is unlawful for a person to cause or attempt to cause another to unlawfully discriminate or to unlawfully harass. |
| (3) | It is unlawful for a person to induce or attempt to induce another to unlawfully discriminate or to unlawfully harass. |
| (4) | For the purposes of subsection (3) inducement may be direct or indirect. |
| (5) | In this section a reference to unlawful discrimination or harassment is a reference to discrimination or harassment which is unlawful by virtue of any of sections (Goods, facilities and services) to (Public authorities: general). |
| (6) | Proceedings in respect of a contravention of this section may be brought only— |
| (a) | by the Commission for Equality and Human Rights, and |
| (b) | in accordance with section 27." |
| Insert the following new Clause— |
| | Nothing in this Part shall make it unlawful to do anything which is necessary, or in so far as it is necessary, for the purpose of complying with— |
| (a) | an Act of Parliament, |
| (b) | an Act of the Scottish Parliament, |
| (c) | legislation made or to be made— |
| (i) | by a Minister of the Crown, |
| (ii) | by Order in Council, |
| (iii) | by the Scottish Ministers or a member of the Scottish Executive, |
| (iv) | by the National Assembly for Wales, or |
| (v) | by or by virtue of a Measure of the General Synod of the Church of England, or |
| (d) | a condition or requirement imposed by a Minister of the Crown by virtue of anything listed in paragraphs (a) to (c)." |
| Insert the following new Clause— |
| | Nothing in this Part shall make unlawful anything which is done for, and justified by, the purpose of safeguarding national security." |
| Insert the following new Clause— |
| (1) | The Secretary of State may by order amend this Part so as to— |
| (a) | create an exception to a prohibition under this Part, |
| (b) | vary an exception to a prohibition under this Part, or |
| (c) | remove an exception to a prohibition under this Part. |
| (2) | Before making an order under subsection (1), the Secretary of State shall consult the Commission for Equality and Human Rights. |
| (3) | An order under subsection (1)— |
| (a) | may include transitional, incidental or consequential provision (including provision amending an enactment (including an enactment in or under an Act of the Scottish Parliament)), |
| (b) | may make provision generally or only for specified cases or circumstances, |
| (c) | may make different provision for different cases or circumstances, |
| (d) | shall be made by statutory instrument, and |
| (e) | may not be made unless a draft has been laid before and approved by resolution of each House of Parliament." |
| Insert the following new Clause— |
| | Restriction of proceedings |
| (1) | Except as provided by this Act, no proceedings, whether criminal or civil, may be brought against a person on the grounds that an act is unlawful by virtue of this Part. |
| (2) | But subsection (1) does not prevent— |
| (a) | an application for judicial review, |
| (b) | proceedings under the Immigration Acts, |
| (c) | proceedings under the Special Immigration Appeals Commission Act 1997 (c. 68), or |
| (d) | in Scotland, the exercise of the jurisdiction of the Court of Session to entertain an application for reduction or suspension of an order or determination or otherwise to consider the validity of an order or determination, or to require reasons for an order or determination to be stated." |
| Insert the following new Clause— |
| | "Claim of unlawful action |
| (1) | A claim that a person has done anything that is unlawful by virtue of this Part may be brought in a county court (in England and Wales) or in the sheriff court (in Scotland) by way of proceedings in tort (or reparation) for breach of statutory duty. |
| (2) | In subsection (1) the reference to a claim that a person has done an unlawful act includes a reference to a claim that a person is to be treated by virtue of this Part as having done an unlawful act. |
| (3) | In proceedings under this section, if the claimant (or pursuer) proves facts from which the court could conclude, in the absence of a reasonable alternative explanation, that an act which is unlawful by virtue of this Part has been committed, the court shall assume that the act was unlawful unless the respondent (or defender) proves that it was not." |
| Insert the following new Clause— |
| (1) | Proceedings may not be brought under section (Claim of unlawful action) alleging that a person has acted unlawfully by virtue of section (Public authorities: general) if the question of the lawfulness of the act could be raised (and has not been raised) in immigration proceedings (disregarding the possibility of proceedings brought out of time with permission). |
| (2) | If in immigration proceedings a court or tribunal has found that an act was unlawful by virtue of section (Public authorities: general), a court hearing proceedings under section (Claim of unlawful action) shall accept that finding. |
| (3) | In this section "immigration proceedings" means proceedings under or by virtue of— |
| (a) | the Immigration Acts, or |
| (b) | the Special Immigration Appeals Commission Act 1997 (c. 68)." |
| Insert the following new Clause— |
| (1) | This section applies to proceedings under section (Claim of unlawful action). |
| (2) | A court may, in addition to any remedy available to it in proceedings for tort, grant any remedy that the High Court could grant in proceedings for judicial review. |
| (3) | A court may not award damages in proceedings in respect of an act that is unlawful by virtue of section (Discrimination (3)) if the respondent proves that there was no intention to treat the claimant unfavourably on grounds of sexual orientation. |
| (4) | A court may award damages by way of compensation for injury to feelings (whether or not other damages are also awarded). |
| (5) | In the application of this section to proceedings in Scotland— |
| (a) | a reference to the High Court shall be taken as a reference to the Court of Session, |
| (b) | a reference to tort shall be taken as a reference to reparation, |
| (c) | a reference to the respondent shall be taken as a reference to the defender, and |
| (d) | a reference to the claimant shall be taken as a reference to the pursuer. |
| (6) | This section is subject to section (Public authorities: general (5)). |
| Insert the following new Clause— |
| (1) | Proceedings under section (Claim of unlawful action) may be brought only— |
| (a) | within the period of six months beginning with the date of the act (or last act) to which the proceedings relate, or |
| (b) | with the permission of the court in which the proceedings are brought. |
| (2) | In relation to immigration proceedings within the meaning of section (Immigration), the period specified in subsection (1)(a) above shall begin with the first date on which proceedings under section (Claim of unlawful action) may be brought." |
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