| Previous Section | Index | Home Page |
Amendments Nos. 202 and 204 are technical, and correct an error in clause 60 based on a misunderstanding of the relationship between the Northern Ireland Disability Council and the National Disability Council.
As I said, amendment No. 203 ensures that none of the four functions loses out in resource allocations.
Government amendment No. 213 is a technical one, to correct an earlier drafting mistake.
I again tell the Committee that we are conscious of the representations made on the issues that have been raised not only by hon. Members but by bodies in Northern Ireland. My right hon. Friend takes the issues very seriously. I therefore ask the hon. Member for Montgomeryshire to ask leave to withdraw his amendment and the hon. Members who tabled the other amendments in this group not to press them. We have already made considerable changes to our initial view on the commission.
Mr. Öpik:
I have listened to the Minister, but I am not terribly happy with the reply. I know him to be a man of great reason and fairness, and believe him to be committed to doing the right thing, especially when it comes to issues of discrimination. He must therefore know how nervous the Equal Opportunities Commission and the other three bodies are about the proposed merger. I am pleased to hear his reassurance that the arrangements are designed to ensure that those concerns will be taken seriously. Nevertheless, the bodies have an emphatic worry that the changes will be damaging not only for the individuals involved but for the new organisation in doing its work.
The issues raised in amendment No. 156 will not simply disappear. Although I realise that the Committee will soon debate the other forms of discrimination, I repeat that there must be a body to which individuals facing those forms of discrimination can bring their grievance. It is all very well talking about a "one-stop shop", but the last thing that we want to do is to make some people feel that their concerns are right at the back shelf, discounted or in the bargain basement. Providing such a reassurance was the purpose of tabling and moving amendment No. 156. The amendment would ensure that people feel that they can take their concerns to the Equality Commission, even if the form of discrimination affecting them is not related directly to the most frequently debated forms of discrimination.
Amendment No. 156 is not--as the hon. Members for Glasgow, Maryhill (Mrs. Fyfe) and for Luton, South (Ms Moran) said--about equal resources but about equal priority. We have to give equal priority to any form of discrimination. As I said earlier in the debate, ultimately, individual are less interested in why they are discriminated against than in the fact that such discrimination is happening. All discrimination can wreck lives. Giving the Equality Commission the mandate to tackle all discrimination and then to allocate resources accordingly could provide the opportunity for Northern Ireland to lead the way in the United Kingdom in tackling what is basically a waste of human opportunities and, still worse, the very frictions that the settlement Bill is designed to prevent.
On the understanding, however, that the Minister has listened to our concerns and that he will carry on doing so, including those that the various commissions that are
to be merged have raised and will continue to raise, and in the hope that we can carry on making informal contributions to the guidance that we have discussed, I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Amendment made: No. 170, in page 27, leave out from beginning of line 40 to 'representative' in line 41 and insert
Clause 59, as amended, ordered to stand part of the Bill.
Amendment made: No. 205, in page 49, line 17, at end insert--
Schedule 9, as amended, agreed to.
Mr. Corbyn:
I beg to move amendment No. 199, in page 28, line 20, leave out from 'opportunity' to end of line 2 on page 29 and insert
The Chairman:
With this, it will be convenient to discuss the following amendments: No. 179, in page 28, leave out lines 21 to 25 and insert
No. 32, in page 28, line 21, leave out from 'opinion' to end of line 22 and insert 'or racial group'.
No. 33, in page 28, line 23, leave out 'generally' and insert
No. 34, in page 28, line 24, after 'without', insert
No. 35, in page 28, line 24, leave out from 'without' to end of line 25.
No. 180, in page 28, leave out lines 26 to 28.
No. 193, in page 28, line 26, after '(2)', insert
Government amendments Nos. 183, 206 and 211.
New clause 4--Duty of public authorities to publish impact statements--
New clause 5--Duty of public authorities to make arrangements to secure compliance with section 61--
'as far as practicable secure that the Commission's members, as a group, are'.--[Mr. Paul Murphy.]
'() The report shall, in particular, give details of how resources have been divided between the functions previously exercisable by each of the bodies listed in section 60(2).'.--[Mr. Paul Murphy.]
Amendments made: No. 202, in page 28, leave out lines 10 and 11 and insert--
'(d) the Northern Ireland Disability Council.'.
No. 203, in page 28, line 11, at end insert--
'(3A) In exercising their functions the Equality Commission shall--
(a) aim to secure an appropriate division of resources between the functions previously exercisable by each of the bodies listed in subsection (2); and
(b) have regard to advice offered by a consultative council.
(3B) In subsection (3A) "consultative council" means a group of persons selected by the Commission to advise in relation to the functions previously exercisable by one of the bodies listed in subsection (2) or in relation to the Commission's functions under Schedule 10.'.
No. 204, in page 28, line 14, leave out 'to (3)' and insert 'and (2)'.--[Mr. Paul Murphy.]
Clause 60, as amended, ordered to stand part of the Bill.
'in relation to religious belief, political opinion, race, gender, disability, language, age, marital status, dependants and sexual orientation.'.
'in relation to religion and political opinion; gender; race; disability; age; marital status; dependants; sexual orientation; and language.'.
'as provided by law; or'.
', as provided by law'.
'Without prejudice to its obligations under subsection (1),'.
'.--(1) It shall be the duty of every public authority to prepare a statement ("Impact statement") of any significant impact that any proposed action by it may have on its ability to fulfil its duty under section 61.
(2) It shall be the duty of every public authority to include in every impact statement information on--
(a) the aims and purposes of the proposed action;
(b) any significant impact that in its view the proposed action may have on its ability to fulfil its duties under section 61;
(c) alternatives to the proposed action--
(i) which may achieve the aims and purposes of the proposed action but which may be less likely to have an adverse effect on its ability to fulfil its duty under section 61, and
(ii) which may achieve the aims and purposes of the proposed action but may be more likely to have the effect of enabling it to achieve better compliance with its duty under section 61;
(d) the justification for the rejection of any alternatives identified in paragraph (c).
(e) proposals to mitigate any unavoidable impact of the action which would be likely to have an adverse effect on its ability to fulfil its duty under section 61, by recourse to accompanying social and economic measures; and
(f) mechanisms to monitor the impact of the action, following its introduction.
(3) The public authority shall ensure that an impact statement is made available to the public in good time to enable effective consultation to take place by the public authority with those directly affected by the proposed decision.
(4) The impact statement and the results of any consultations on it shall be taken into account by the public body in any subsequent decision whether to proceed with the proposed action.
(5) Following a decision to proceed with the relevant action, the public body shall publish the decision, together with its reasons for doing so.'.
'.--(1) It shall be the duty of every public authority to make appropriate arrangements with a view to securing that their various functions and responsibilities are carried out with due regard to the need to comply with the duty set out in section 61.
(2) An annual report shall be laid before each House of Parliament with respect to the measures and policies adopted to advance the duty set out in section 61.
(3) Without prejudice to subsection 2, within three years of the coming into effect of this Act, and once every five years thereafter, it shall be the duty of every public authority to review the extent to which its various functions and responsibilities are carried out with due regard to the need to comply with the duties set out in section 61.
| Next Section
| Index | Home Page |