Equality Bill [HL]
MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
ON THIRD READING
[Amendments marked * are new or have been altered]
Amendment
No.
| | THE BARONESS WALMSLEY
THE BARONESS HOWE OF IDLICOTE |
| 1 | Page 5, line 1, after "understanding" insert "among children and adults" |
| 2 | Page 5, line 3, after "promote" insert "among children and adults" |
| | THE LORD ALLI
THE LORD LESTER OF HERNE HILL
THE LORD SMITH OF FINSBURY |
| 3 | Page 7, line 39, at end insert— |
| "(ea) | regulations under Part 2A of this Act," |
| | THE LORD ALLI
THE LORD LESTER OF HERNE HILL
THE LORD SMITH OF FINSBURY |
| 4 | Page 15, line 32, at end insert— |
| "(da) | a provision of regulations under Part 2A of this Act corresponding to section 66 below," |
| | THE LORD FALCONER OF THOROTON |
| 5 | Page 17, line 40, at end insert— |
| "(11) | A reference in this section to a provision of the equality enactments includes a reference to a provision of Community law which— |
| 456 | (a) relates to discrimination on grounds of sex, racial origin, ethnic origin, religion, belief, disability, age or sexual orientation or to equality of opportunity between men and women, and |
| (b) | confers rights on individuals. |
| (12) | In its application by virtue of subsection (11), subsection (1)(b) shall have effect as if it referred to an allegation by an individual that he is disadvantaged by— |
| (a) | an enactment (including an enactment in or under an Act of the Scottish Parliament) which is contrary to a provision of Community law, or |
| (b) | a failure by the United Kingdom to implement a right as required by Community law." |
| | THE LORD LESTER OF HERNE HILL
[Amendments 6 to 8 are amendments to amendment 5] |
| 6 | Line 4, at end insert "or national" |
| 7 | Line 5, after "origin," insert "nationality (including citizenship)," |
| 8 | Line 6, after "women" insert "or between different racial groups" |
| 9 | Insert the following new Clause— |
"Legal assistance for persons or organisations being investigated etc. by the Commission
|
| (1) | This section applies where the Commission is— |
| (a) | conducting an investigation under section 20, or |
| (b) | issuing an unlawful act notice under section 21, or |
| (c) | making an application to a court under section 22(6), or |
| (d) | making an application to a court under section 24, or |
| (e) | bringing proceedings under section 25, or |
| (f) | giving legal assistance to an individual under section 28, or |
| (g) | bringing an application for judicial review under section 30, or |
| (h) | issuing a compliance notice, or making an application to a court, under section 32. |
| (2) | In a case to which this section applies, where the defendant in a court or tribunal case or the subject of the notice or investigation is— |
| (c) | an organisation of the type mentioned in section 57 of this Act, |
| | the individual, charity or organisation shall be granted legal assistance paid for out of central funds to enable them to respond to the case, the notice or the investigation. |
| (3) | The Lord Chancellor shall make regulations providing for payment out of central funds for the provision of such legal assistance. |
| (4) | The sections listed in subsection (1) of this section shall not come into force until the regulations mentioned in subsection (3) have been laid before and approved by resolution of each House of Parliament." |
| | THE LORD ALLI
THE LORD LESTER OF HERNE HILL
THE LORD SMITH OF FINSBURY |
| 10 | Page 20, line 32, at end insert— |
| "(ea) | regulations under Part 2A of this Act," |
| | THE LORD FALCONER OF THOROTON |
| 11 | Page 25, line 7, leave out subsection (8) |
| | THE BARONESS MILLER OF HENDON
THE LORD DE MAULEY |
| 12* | Page 27, line 7, leave out "or effect" |
| | THE LORD FALCONER OF THOROTON |
| 13 | Page 27, line 19, at end insert— |
| "(5) | Action taken in connection with the display of any material or article is harassment for the purposes of subsection (1) only if taken for the purpose of producing a result specified in subsection (1)(a) or (b)." |
| | THE LORD LESTER OF HERNE HILL
THE BARONESS O'CATHAIN
THE BARONESS TURNER OF CAMDEN
THE LORD WADDINGTON |
| | THE LORD LESTER OF HERNE HILL
THE BARONESS O'CATHAIN
THE BARONESS TURNER OF CAMDEN
THE LORD WADDINGTON |
| 15 | Page 28, line 39, leave out subsection (3) |
| 16 | Page 28, line 40, leave out subsection (4) |
| | THE LORD LESTER OF HERNE HILL
THE BARONESS O'CATHAIN
THE BARONESS TURNER OF CAMDEN
THE LORD WADDINGTON |
| 17 | Page 29, line 41, leave out subsection (2) |
| | THE LORD LESTER OF HERNE HILL
THE BARONESS O'CATHAIN
THE BARONESS TURNER OF CAMDEN
THE LORD WADDINGTON |
| 18 | Page 31, line 1, leave out "or (2)(a)" |
| 19 | Page 31, line 7, leave out subsection (3) |
| | THE LORD FALCONER OF THOROTON |
| 20 | Page 31, line 8, leave out from "above," to end of line 9 and insert "nothing shall be unlawful if done by reason of or on the grounds of the purpose of the establishment (including the purpose of providing education relating to or within the framework of a religion or belief, in accordance with decisions taken by persons responsible for the establishment as to how the precepts of the religion or belief should be manifested or promulgated in the establishment)." |
| | THE BARONESS WHITAKER
THE LORD MARSH |
| 21 | Page 31, line 8, leave out from "above," to end of line 9 and insert "regard shall be had to the distinction between harassment directed towards an individual person and the necessary general conduct of an establishment of a religious nature" |
| | THE LORD LESTER OF HERNE HILL
THE BARONESS O'CATHAIN
THE BARONESS TURNER OF CAMDEN
THE LORD WADDINGTON |
| 22 | Page 31, line 11, leave out ", (2) or (3)" and insert "or (2)" |
| | THE LORD LESTER OF HERNE HILL
THE BARONESS O'CATHAIN
THE BARONESS TURNER OF CAMDEN
THE LORD WADDINGTON |
| 23 | Page 31, line 35, leave out subsection (2) |
| | THE LORD LESTER OF HERNE HILL
THE BARONESS O'CATHAIN
THE LORD WADDINGTON
THE BARONESS TURNER OF CAMDEN |
| 24 | Page 32, line 20, leave out "or harassment" |
| 25 | Page 33, line 42, leave out from "ethos" to end of line 43 |
| 26 | Page 33, line 48, leave out from "ethos" to end of line 49 |
| 27 | Page 33, line 50, leave out from "institution" to end of line 51 |
| 28 | Page 34, line 2, leave out from "institutions" to end of line 3 |
| | THE LORD LESTER OF HERNE HILL
THE LORD DHOLAKIA |
| 29 | Insert the following new Clause— |
| | "Monitoring of exception in relation to immigration cases |
| (1) | The Secretary of State shall appoint a person who is not a member of his staff to act as a monitor in relation to immigration cases. |
| (2) | The person so appointed shall monitor in such manner as the Secretary of State may determine the operation of the exception in section 52(4)(f). |
| (3) | The monitor shall make an annual report on the discharge of his functions to the Secretary of State. |
| (4) | The Secretary of State shall lay a copy of any report made to him under subsection (3) before each House of Parliament. |
| (5) | The Secretary of State shall pay to the monitor such fees and allowances (if any) as he may determine." |
| | THE LORD LESTER OF HERNE HILL
THE BARONESS O'CATHAIN
THE LORD WADDINGTON
THE BARONESS TURNER OF CAMDEN |
| 30 | Page 36, line 2, leave out "or to unlawfully harass" |
| 31 | Page 36, line 5, leave out "or to unlawfully harass" |
| 32 | Page 36, line 7, leave out "or to unlawfully harass" |
| 33 | Page 36, line 9, leave out "or harassment" |
| 34 | Page 36, line 10, leave out "or harassment" |
| | THE BARONESS WHITAKER
THE LORD MARSH |
| 35 | Page 37, line 19, leave out "imposed" and insert "reasonably justified" |
| 36 | Page 37, line 22, at end insert— |
| "( ) | Nothing in this section shall make it lawful for an organisation to which this section applies and which is performing a public function to act contrary to the provisions of section 52(1) in the performance of that function." |
| | THE BARONESS WHITAKER
THE LORD MARSH |
| 37 | Page 37, line 34, leave out "imposed" and insert "reasonably justified" |
| 38 | Page 37, line 41, at end insert— |
| "( ) | Nothing in this section shall make it lawful for a person who is performing a public function to act contrary to the provisions of section 52(1) in the performance of that function." |
| | THE BARONESS WHITAKER
THE LORD MARSH |
| 39 | Page 38, line 7, leave out "imposed" and insert "reasonably justified" |
| | THE LORD LESTER OF HERNE HILL
THE BARONESS O'CATHAIN
THE LORD WADDINGTON
THE BARONESS TURNER OF CAMDEN |
| 40 | Page 42, line 41, leave out "or harassment of," |
| | THE LORD ALLI
THE LORD LESTER OF HERNE HILL
THE LORD SMITH OF FINSBURY |
| 41 | Insert the following new Clause— |
"Part 2A
Discrimination on Grounds of Sexual Orientation |
| (1) | The Secretary of State may by regulations make provision about discrimination or harassment on grounds of sexual orientation. |
| (2) | In subsection (1) "sexual orientation" has the meaning given by section 35. |
| (3) | The regulations may, in particular— |
| (a) | make provision of a kind similar to Part 2 of this Act; |
| (b) | define discrimination; |
| (d) | make provision for enforcement (which may, in particular, include provision— |
| (i) | creating a criminal offence of a kind similar to, and with the same maximum penalties as, an offence created by an enactment relating to discrimination or equality; |
| (ii) | about validity and revision of contracts; |
| (iii) | about discriminatory advertisements; |
| (iv) | about instructing or causing discrimination or harassment); |
| (e) | provide for exceptions (whether or not of a kind similar to those provided for by Part 2 of this Act or any other enactment relating to discrimination or equality); |
| (f) | make provision which applies generally or only in specified cases or circumstances; |
| (g) | make different provision for different cases or circumstances; |
| (h) | include incidental or consequential provision (which may include provision amending an enactment); |
| (i) | include transitional provision. |
| (a) | shall be made by statutory instrument, and |
| (b) | may not be made unless a draft has been laid before and approved by resolution of each House of Parliament. |
| (5) | In subsection (3)(h) "enactment" includes an enactment in or under an Act of the Scottish Parliament." |
| | THE LORD FALCONER OF THOROTON |
| 42 | Page 46, line 40, at end insert "(but nothing in that Table permits anything which is prohibited by virtue of any Community law relating to discrimination)" |
| | THE LORD FALCONER OF THOROTON |
| 43 | Page 55, line 35, leave out subsection (3) and insert— |
| "(3) | Paragraphs 36 to 38 and 41 to 55 of Schedule 3 (which amend the Estate Agents Act 1979 (c. 38) and the Disability Discrimination Act 1995 (c. 50)), together with corresponding entries in Schedule 4, shall not extend to Northern Ireland." |
| | THE LORD FALCONER OF THOROTON |
| 44 | Page 67, line 7, at end insert— |
| "(2) | The Transition Commissioner nominated by the chairman of the Disability Rights Commission may not be a member of the Disability Committee." |
| | THE LORD ALLI
THE LORD LESTER OF HERNE HILL
THE LORD SMITH OF FINSBURY |
| 45 | Line 4, after "belief;" insert "to enable provision to be made about discrimination on grounds of sexual orientation;" |
|
