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Equality Bill


MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
IN COMMITTEE


      The amendments have been marshalled in accordance with the Instruction of 7th January 2010, as follows—

Clauses 1 to 6
Schedule 1
Clauses 7 to 31
Schedules 2 and 3
Clauses 32 to 38
Schedules 4 and 5
Clauses 39 to 52
Schedule 6
Clauses 53 to 80
Schedule 7
Clauses 81 to 83
Schedules 8 and 9
Clauses 84 to 88
Schedule 10
Clause 89
Schedule 11
Clauses 90 to 94
Schedule 12
Clauses 95 to 98
Schedule 13
Clause 99
Schedule 14
Clauses 100 to 106
Schedules 15 and 16
Clauses 107 to 115
Schedule 17
Clauses 116 to 148
Schedule 18
Clause 149
Schedule 19
Clauses 150 to 184
Schedule 20
Clauses 185 to 187
Schedule 21
Clauses 188 and 189
Schedule 22
Clauses 190 to 194
Schedule 23
Clauses 195 and 196
Schedule 24
Clauses 197 and 198
Schedule 25
Clauses 199 to 203
Schedules 26 and 27
Clauses 204 to 206
Schedule 28
Clauses 207 to 210

[Amendments marked * are new or have been altered]

Amendment
No.

 

Clause 1

 

BARONESS WARSI

 

BARONESS MORRIS OF BOLTON

1Page 1, line 7, leave out "outcome" and insert "opportunity"
 

LORD GRAHAM OF EDMONTON

2Page 1, line 7, at end insert—
"(   )  An authority to whom this section applies must, when making decisions of a strategic nature about how to exercise its functions, pay particular regard to ensuring greater equality of income as a means to promote well-being and sustainability."
 

BARONESS WARSI

 

BARONESS MORRIS OF BOLTON

3Page 2, line 18, leave out subsection (4)
 The above-named Lords give notice of their intention to oppose the Question that Clause 1 stand part of the Bill.
 

Clause 2

 

BARONESS WARSI

 

BARONESS MORRIS OF BOLTON

 The above-named Lords give notice of their intention to oppose the Question that Clause 2 stand part of the Bill.
 

Clause 3

 

BARONESS WARSI

 

BARONESS MORRIS OF BOLTON

 The above-named Lords give notice of their intention to oppose the Question that Clause 3 stand part of the Bill.
 

After Clause 3

 

BARONESS WARSI

 

BARONESS MORRIS OF BOLTON

4Insert the following new Clause—
  "Definitions for purposes of this Part
  Section 1 of this Act shall not have effect until a Minister of the Crown provides a definition of—
(a)  socio-economic inequality, and
(b)  socio-economic disadvantage,
  and lays these definitions before Parliament."
 

Clause 4

 

LORD AVEBURY

 

EARL OF SANDWICH

 

LORD HARRIES OF PENTREGARTH

5Page 4, line 17, at end insert—
  "caste;"
6Page 4, line 17, at end insert—
  "being a Scottish Gypsy traveller;"
 

After Clause 4

 

LORD OUSELEY

7*Insert the following new Clause—
  "Association and perception
(1)  Reference to a protected characteristic of a person (B) includes—
(a)  association of B with the protected characteristic including but not limited to association with one or more other persons who have the protected characteristic, or
(b)  a perception by another person (A) that B has the protected characteristic.
(2)  For the purpose of subsection (1)(b), it does not matter that B does not have the protected characteristic."
 

Schedule 1

 

BARONESS WARSI

 

BARONESS MORRIS OF BOLTON

8Page 129, line 16, at end insert—
"(   )  Without prejudice to the operation of sub-paragraph (2), the mental impairment consisting of or resulting from depression that has ceased to have a substantial adverse effect on a person's ability to carry out normal day to day activities shall always be treated as if that effect is likely to recur if the person has had within the last 5 years a previous episode of such impairment which has had a substantial adverse effect on the person's ability to carry out normal day to day activities for a period of 6 months or more."
9Page 132, leave out lines 25 to 27 and insert—
"(   )  to remove the feature, or
(   )  to alter the feature, or
(   )  to provide a reasonable means of avoiding the feature, or
(   )  to provide a reasonable method of providing the service or exercising the function."
 

Clause 7

 

LORD BISHOP OF CHESTER

10Page 5, line 15, at end insert "under medical supervision"
 

Clause 8

 

BARONESS COUSSINS

 

BARONESS AFSHAR

11Page 5, line 27, leave out "marriage" and insert "marital status"
12Page 5, line 28, after "married" insert ", unmarried, widowed or divorced"
13Page 5, line 29, leave out "marriage" and insert "marital status"
14Page 5, line 31, after "married" insert ", unmarried, widowed or divorced"
15Page 5, line 33, after "married" insert ", unmarried, widowed or divorced"
 

Clause 9

 

LORD LESTER OF HERNE HILL

16Page 5, line 38, at end insert "or descent"
 

After Clause 9

 

LORD AVEBURY

 

EARL OF SANDWICH

 

LORD HARRIES OF PENTREGARTH

17Insert the following new Clause—
  "Caste
(1)  A person has the protected characteristic of caste if the person is a member of a caste group found within a hierarchical group-based system of social stratification, where both membership and group and individal status are herditary, ascribed and permanent.
(2)  In relation to the protected characteristic of caste—
(a)  a reference to a person who has a particular protected characteristic is a reference to a person of a particular caste (or no caste);
(b)  a reference to persons who share a protected characteristic is a reference to a person of the same caste (or absence of caste)."
18Insert the following new Clause—
  "Caste: responsibilities of Ministers of the Crown
(1)  If a Minister of the Crown is satisfied that any person is suffering, or has suffered, discriminiation, harassment or victimisation on the ground of caste, a Minister of the Crown may by order amend section 4 to provide for the characteristic of caste to be a protected characteristic.
(2)  An order under this section may make such supplementary provision as a Minister of the Crown considers appropriate.
(3)  An order under this section must be made by statutory instrument and is subject to the affirmative procedure."
19*Insert the following new Clause—
  "Scottish Gypsy travellers
(1)  A person has the protected characteristic of being a Scottish Gypsy traveller if they by reason of their common heritage, culture and traditions, that may but need not include a nomadic of way of life in Scotland, may reasonably regard themselves as a Scottish Gypsy traveller and others could be reasonably expected so to regard that person.
(2)  In relation to the protected characteristic of being a Scottish Gypsy traveller—
(a)  a reference to a person who has a particular protected characteristic is a reference to a person who is a Scottish Gypsy traveller;
(b)  a reference to persons who share a protected characteristic is a reference to Scottish Gypsy travellers."
 

Clause 10

 

BARONESS WARSI

 

BARONESS MORRIS OF BOLTON

20Page 6, line 11, leave out "or philosophical"
 

Clause 13

 

BARONESS WARSI

 

BARONESS MORRIS OF BOLTON

 

LORD OUSELEY

21Page 7, line 5, leave out "because" and insert "on the grounds"
 

BARONESS WARSI

 

BARONESS MORRIS OF BOLTON

22Page 7, line 6, at end insert—
"(   )  Discrimination does not include marketing or promoting activities targeted at a particular group of people whether or not they share a protected characteristic."
 

LORD OUSELEY

23*Page 7, line 11, leave out "because" and insert "on grounds that"
 

BARONESS WARSI

 

BARONESS MORRIS OF BOLTON

24Page 7, line 12, at end insert—
"(   )  If the protected characteristic is disability, this section applies to a person who is perceived to have a disability."
 

BARONESS COUSSINS

 

BARONESS AFSHAR

25Page 7, line 13, leave out "marriage" and insert "marital status"
26Page 7, line 15, after "married" insert ", unmarried, widowed or divorced"
 

LORD OUSELEY

27*Page 7, line 20, leave out "because" and insert "on grounds that"
 

Clause 14

 

LORD OUSELEY

28*Page 7, line 26, leave out "because" and insert "on grounds"
 

LORD AVEBURY

 

EARL OF SANDWICH

 

LORD HARRIES OF PENTREGARTH

29Page 7, line 34, at end insert—
"(   )  caste;"
30Page 7, line 34, at end insert—
"(   )  being a Scottish Gypsy traveller;"
 

LORD OUSELEY

31*Page 7, line 40, leave out "because" and insert "on grounds"
32*Page 8, line 3, leave out "because" and insert "on grounds"
33*Page 8, line 6, leave out "because" and insert "on grounds"
 

BARONESS WARSI

 

BARONESS MORRIS OF BOLTON

34Page 8, line 9, leave out subsection (6)
 

Clause 15

 

BARONESS WARSI

 

BARONESS MORRIS OF BOLTON

35Page 8, line 22, leave out subsection (2)
36Page 8, line 23, at end insert—
"(   )  It does not matter whether A has complied with a duty to make reasonable adjustments in relation to B."
 

Clause 17

 

BARONESS ROYALL OF BLAISDON

37*Page 8, line 41, leave out "Chapter 2 of"
 

Clause 19

 

BARONESS WARSI

 

BARONESS MORRIS OF BOLTON

38Page 10, line 14, at end insert—
"(   )  If the protected characteristic is disability, this section applies to a person who is perceived to have a disability."
 

BARONESS COUSSINS

 

BARONESS AFSHAR

39Page 10, line 19, leave out "marriage" and insert "marital status"
 

LORD AVEBURY

 

EARL OF SANDWICH

 

LORD HARRIES OF PENTREGARTH

40Page 10, line 20, at end insert—
  "caste;"
41Page 10, line 20, at end insert—
  "being a Scottish Gypsy traveller;"

 
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©Parliamentary copyright 2010
8 January 2010