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Amendments to the Equality Bill [HL]

Equality Bill [HL]


MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
ON REPORT


      The amendments have been marshalled in accordance with the Order of 17th October 2005, as follows—

Clauses 1 and 2
Schedule 1
Clauses 3 to 33
Schedule 2
Clauses 34 to 42
Schedule 3
Clauses 43 to 90
Schedule 4
Clauses 91 to 94

[Amendments marked * are new or have been altered]

Amendment
No.

 

Schedule 1

 

THE LORD FALCONER OF THOROTON

1Page 55, leave out lines 12 to 14 and insert—
"(1)      In appointing Commissioners the Secretary of State shall—
(a)  appoint an individual only if the Secretary of State thinks that the individual—
(i)  has experience or knowledge relating to a relevant matter, or
(ii)  is suitable for appointment for some other special reason, and
(b)  have regard to the desirability of the Commissioners together having experience and knowledge relating to the relevant matters.
(2)      For the purposes of sub-paragraph (1) the relevant matters are those matters in respect of which the Commission has functions including, in particular—"
 

THE LORD OUSELEY
THE BARONESS TURNER OF CAMDEN
THE LORD ADEBOWALE

2Page 55, 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."
3Page 55, 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,"
4Page 55, line 25, leave out "and"
5Page 55, line 28, at end insert ", and
(ca)  a Commissioner appointed under paragraph 1(1), with the consent of the Greater London Authority, who knows about conditions in Greater London"
6Page 55, line 29, leave out sub-paragraph (3)
7Page 59, line 10, after "Committee" insert "or to any Equality Committee"
8Page 59, line 11, at end insert "or paragraph 64D"
9Page 59, line 30, after "Committee" insert "or to any Equality Committee"
10Page 59, line 30, at end insert "or paragraph 64D"
11Page 60, line 12, after "Committee" insert "or to any Equality Committee"
12Page 60, line 13, at end insert "or paragraph 64D"
13Page 60, line 32, after "Committee" insert "or to any Equality Committee"
14Page 60, line 32, at end insert "or paragraph 64D"
15Page 60, 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)(ca).
 31C      The Commission shall appoint each member of the Greater London Committee for a period of not less than two years or more than five years, subject to the possibilities of—
(a)  reappointment, and
(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 power 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 FALCONER OF THOROTON

16Page 62, line 20, leave out "appropriate" and insert "reasonably sufficient"
17Page 63, line 17, at end insert—
"(3)      The Secretary of State shall have regard to the desirability of ensuring that the Commission is under as few constraints as reasonably possible in determining—
(a)  its activities,
(b)  its timetables, and
(c)  its priorities."
18Page 64, line 19, leave out from "before" to end of line 21 and insert "either section 8 or section 11, in so far as they relate to disability, comes into force (to any extent)."
 

THE LORD OUSELEY
THE BARONESS TURNER OF CAMDEN
THE LORD ADEBOWALE

19Page 64, line 21, leave out "10" and insert "11, in so far as it relates to disability"
 

THE LORD FALCONER OF THOROTON

20Page 65, line 9, leave out "20" and insert "21, in so far as it relates to disability"
21Page 65, line 13, leave out "10" and insert "11"
22Page 65, line 13, after "it" insert "relates to disability and"
 

THE LORD OUSELEY
THE BARONESS TURNER OF CAMDEN
THE LORD ADEBOWALE

23Page 65, line 19, leave out from beginning to end of line 20
 

THE LORD FALCONER OF THOROTON

24Page 65, line 23, leave out "section 10 above" and insert "sections 8 and 11 above, in so far as they relate to disability."
 

THE LORD OUSELEY
THE BARONESS TURNER OF CAMDEN
THE LORD ADEBOWALE

25Page 65, line 27, at end insert—
"(5A)  Before exercising a power to which paragraph 31G(2) or 31H(3) applies the Disability Committee shall consult the Greater London Committee."
 

THE LORD CARTER
THE LORD ADDINGTON
THE BARONESS DARCY DE KNAYTH
THE BARONESS WILKINS

26Page 65, line 35, at end insert—
"(   )      In exercising its functions the Disability Committee shall have regard to the views and experiences of mental health service users and those who have used mental health services in the past."
 

THE LORD FALCONER OF THOROTON

27Page 66, line 6, leave out paragraphs (a) and (b) and insert "sections 8 and 11 in so far as they relate to disability".
 

THE LORD OUSELEY
THE BARONESS TURNER OF CAMDEN
THE LORD ADEBOWALE

28Page 66, line 7, leave out "10" and insert "11, in so far as it relates to disability"
 

THE LORD ASHLEY OF STOKE
THE LORD CARTER
THE LORD ADDINGTON
THE BARONESS DARCY DE KNAYTH

29Page 66, line 16, after "consult" insert "disabled persons and other"
 

THE LORD OUSELEY
THE BARONESS TURNER OF CAMDEN
THE LORD ADEBOWALE

30Page 66, line 22, leave out paragraphs 60 to 63
31Page 66, line 40, at end insert—
 

"PART 5A
EQUALITIES COMMITTEES

 

Establishment

 64A   (1)   The Commission shall establish decision-making Equalities Committees to be known as—
(a)  the Disability Committee,
(b)  the Sexual Orientation Committee,
(c)  the Religion or Belief Committee,
(d)  the Age Committee,
(e)  the Race Committee, and
(f)  the Gender Committee.
(2)      The Commission shall ensure that the Equalities Committees are established before section 8 comes into force (to any extent).
 

Membership

 64B      The Commission shall ensure that—
(a)  there are not less than 7 or more than 9 members of each of the Equalities Committees,
(b)  no fewer than one half of the members of each of the Equalities Committees have personal or direct experience of the cause of discrimination or prejudice referred to in section 11 with which their Equality Committee is concerned,
(c)  the chairperson, (or joint chairpersons, where that is the case), of each of the Equalities Committees has personal or direct experience of the cause of discrimination or prejudice referred to in section 11 with which his or her Equality Committee is concerned,
(d)  no fewer than one half of the members of the Disability Committee are persons who are (or have been) disabled persons,
(e)  no fewer than one half of the members of the Race Committee are persons from a black or other ethnic minority background, and
(f)  no fewer than one half of the members of the Gender Committee are women.
 64C      The appointment of each member of the Equalities Committees shall be for a period of not less than 2 years or more than 5 years, subject to the possibilities of—
(a)  reappointment, and
(b)  dismissal in accordance with the terms of appointment.
 

Functions

 64D   (1)   The Commission shall by virtue of this paragraph be treated as having delegated to the Equalities Committees—
(a)  the Commission's duty under section 8 in so far as it may be fulfilled by the exercise of the powers conferred by or referred to in—
(i)  section 12,
(ii)  section 14(1)(a), (c) or (d) (or paragraph (e) or (f) in so far as it relates to paragraph (a), (c) or (d)),
(iii)  section 15,
(iv)  section 16,
(v)  section 21,
(vi)  section 29,
(vii)  section 30, or
(viii)  section 32,
(b)  the Commission's duty under section 11 in so far as it may be fulfilled by the exercise of those powers.
(2)      Delegation under this paragraph shall not prevent the exercise by the Commission of a power, or the fulfilment by the Commission of a duty, by action which relates to any one or more than one of the causes of discrimination or prejudice referred to in section 11.
(3)      Before exercising a power to which paragraph 21(2) or 22(3) applies an Equality Committee shall consult the Scotland Committee.
(4)      Before exercising a power to which paragraph 29(2) or 30(3) applies an Equality Committee shall consult the Wales Committee.
 64E      Before exercising a power or fulfilling a duty in relation to disability, sexual orientation, religion or belief, age, race, or gender, the Commission shall consult the relevant Equality Committee.
 64F      Each Equality Committee shall advise the Commission about the exercise of the Commission's functions in so far as they relate to the subject or remit of that Committee.

 
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©Parliamentary copyright 2005
18 October 2005