Equality Bill [Lords]

With this it will be convenient to discuss the following amendments: No. 23, in clause 39, page 26, line 20, at end add— '(iii) all staff transferring to the Commission from the former Commissions shall be deemed to have continuity of service for the purposes of the Civil Service Compensation Scheme.'. No. 24, in clause 39, page 26, line 20, at end add— '(6) The protection afforded by the Transfer of Undertakings (Protection of Employment Regulations 1981 (S.I. 1981, No. 1794)) shall apply to all staff of the former Commissions whenever they join the Commission for Equality and Human Rights.'. No. 16, in schedule 1, page 60, leave out lines 13 to 18 and insert— '(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 section 10(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.'. No. 17, in schedule 1, page 60, line 19, leave out sub-paragraph (2). No. 20, in schedule 1, page 60, line 33, at end insert— '(d) at least two Commissioners with experience and knowledge of trade unions and employee relations.'. No. 10, in schedule 1, page 60, line 33, at end insert— '(3A) The Secretary of State shall ensure that not less than one quarter of Commissioners appointed under paragraph 1(1) are from a black or other ethnic minority background.'. No. 18, in schedule 1, page 60, line 33, at end insert— '(3A) The Secretary of State shall ensure that— (a) not less than one half of Commissioners appointed under paragraph 1(1) are women, and (b) not less than one quarter of Commissioners appointed under paragraph 1(1) are from a black or other ethnic minority background.'. No. 25, in schedule 1, page 60, line 33, at end insert— '(d) a Commissioner appointed under paragraph 1(1), with the consent of the London Assembly, who knows about conditions in London.'. No. 1, in schedule 1, page 64, line 21, after 'Committee', insert 'or to the Race Committee'. No. 2, in schedule 1, page 64, line 22, after '52', insert 'or paragraph 68'. No. 3, in schedule 1, page 64, line 41, after 'Committee', insert 'or to the Race Committee'. No. 4, in schedule 1, page 64, line 41, after '52', insert 'or paragraph 68'. No. 5, in schedule 1, page 65, line 24, after 'Committee', insert 'or to the Race Committee'. No. 6, in schedule 1, page 65, line 25, after '52', insert 'or paragraph 68'. No. 7, in schedule 1, page 65, line 44, after 'Committee', insert 'or to the Race Committee'. No. 8, in schedule 1, page 65, line 44, after '52', insert- 'or paragraph 68'. No. 26, in schedule 1, page 66, line 2, at end insert 'London Committee 31A (1) The Commission shall establish a decision-making committee to be known as the London Committee. (2) The Commission shall ensure that the London Committee is established before any of sections 8 to 12 comes into force (to any extent). 31B The Commission shall appoint as the Chairman of the London Committee a Commissioner appointed for the purpose of satisfying paragraph 2(3)(d). 31C The Commission shall appoint each member of the London Committee for a period of not less than two years or more than 5 years, subject to the possibilities of— (a) reappointment, and (b) dismissal in accordance with the terms of appointment. 31D The London Committee shall advise the Commission about the exercise of the Commission's functions in so far as they affect London. 31E Before exercising a function in a manner which in the opinion of the Commission is likely to affect persons in London, the Commission shall consult the London Committee. 31F (1) The power under section 13— (a) shall be treated by virtue of this paragraph as having been delegated by the Commission to the London Committee in so far as its exercise, in the opinion of the Commission, affects London, and (b) to that extent shall not be exercisable by the Commission. (2) Sub-paragraph (1) shall not apply to the power under section 13 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 13(1)(d) or (e) for the provision of advice or guidance to persons anywhere in Great Britain. 31G In allocating its resources the Commission shall ensure that the London Committee receives a share sufficient to enable it to exercise its functions. 31H The London Committee shall have its offices in London.'. No. 42, in schedule 1, page 68, line 4, at end insert— '(c) the Chairman of the Public Accounts Committee of the House of Commons.'. No. 9, in schedule 1, page 72, line 16, at end add— 'PART RACE COMMITTEE Establishment 65 (1) The Commission shall establish a decision making committee to be known as the Race Committee. (2) The Commission shall ensure that the Race Committee is established before either section 8 or section 10, insofar as they relate to matters of race, comes into force (to any extent). Membership 66 The Commission shall ensure that— (a) there are no fewer than seven or more than nine members of the Race Committee, (b) at least one half of the members of the Race Committee are persons from a black or other ethnic minority background, and (c) the Chairperson is a person from a black or other ethnic minority background. 67 The appointment of each member of the Race Committee shall be 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. Functions 68 (1) The Commission shall by virtue of this paragraph be treated as having delegated to the Race Committee— (a) the Commission's duty under section 8 insofar as it relates to matters of race and may be fulfilled by the exercise of the powers conferred by or referred to in— (i) section 11, (ii) section 13(1)(a), (c) or (d) (or paragraph (e) or (f) insofar as it relates to paragraph (a), (c) or (d)), (iii) section 14, (iv) section 15, (v) section 19, insofar as it relates to matters of race, (vi) section 27, (vii) section 29, or (viii) section 31, (b) the Commission's duty under section 10 insofar as it relates to matters of race and may be fulfilled by the exercise of those powers, and (c) those powers insofar as they are or may be exercised for the purpose of matters concerning race. (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 10. (3) Before exercising a power to which paragraph 21(2) or 22(3) applies the Race Committee shall consult the Scotland Committee. (4) Before exercising a power to which paragraph 29(2) or 30(3) applies the Race Committee shall consult the Wales Committee. 69 Before exercising a power or fulfilling a duty in relation to matters of race, the Commission shall consult the Race Committee. 70 The Race Committee shall advise the Commission about the exercise of the Commission's functions insofar as they relate to matters of race. Resources 71 In allocating its resources the Commission shall ensure that the Race Committee receives a share sufficient to enable it to exercise its functions. Report 72 (1) The Race Committee shall for each financial year of the Commission submit to the Commission a report on the Committee's activities in that year. (2) The Commission shall incorporate each report of the Race Committee under sub-paragraph (1) into the relevant annual report of the Commission. Five Year Review 73 The Commission shall arrange for a review of the activities of the Race Committee to be conducted as soon as is reasonably practicable after the end of the period of five years beginning with the date of the commencement for all purposes of sections 8 and 10 insofar as they relate to matters of race. 74 The following may not participate in the review (although those conducting the review may seek views from any of the following)— (a) a Commissioner or former Commissioner, (b) staff or former staff of the Commission, (c) a person who is or has been an Investigating Commissioner, and (d) a person who is or has been a member of a committee established by the Commission. 75 The Commission shall ensure— (a) that those conducting the review consult persons whom they think likely to have an interest, (b) that those conducting the review submit a report to the Commission, and (c) that the report is published. 76 The Race Committee may not be dissolved under paragraph 14(c). Definition 77 In this Schedule "race" includes colour, nationality, ethnic origin and national origin.'.