Moved by
Lord Wallace of Tankerness
30A: After Clause 6, insert the following new Clause—
“Equality and discrimination
(1) The purpose of this section is to ensure that the withdrawal of the United Kingdom from the EU does not diminish protection for equality in domestic law.
(2) Rights under equalities legislation are not to be removed or diminished.
(3) In this section “equalities legislation” means the Equality Act 2006, the Equality Act 2010 and subordinate legislation made under either of those Acts.
(4) In any proceedings in which a court determines whether a provision of primary legislation is compatible with subsection (2), if the court is satisfied that the provision is incompatible it may make a declaration to that effect.
(5) Subordinate legislation is not law if and to the extent that it is incompatible with subsection (2).
(6) Subsection (5) does not apply to a provision of subordinate legislation if made in the exercise of a power conferred by primary legislation which prevents avoidance or removal of the incompatibility.
(7) In any proceedings in which a court determines whether a provision of subordinate legislation is compatible with subsection (2), if the court is satisfied that subsection (6) applies the court may make a declaration of the incompatibility.
(8) Section 10 of the Human Rights Act 1998 (power to take remedial action) applies in relation to a declaration of incompatibility under subsection (4) or (7) of this section as it applies in relation to a declaration of incompatibility under section 4 of that Act.
(9) Section 19 of the Human Rights Act 1998 (statements of compatibility) applies in relation to compatibility with subsection (2) of this section as it applies in relation to compatibility with the Convention rights.”