Equality Bill [HL]

moved Amendment No. 208:"After Clause 72, insert the following new clause—"    ““VALIDITY AND REVISION OF CONTRACTS (1)   A term of a contract is void where— (a)   its inclusion renders the making of the contract unlawful by virtue of this Part, (b)   it is included in furtherance of an act which is unlawful by virtue of this Part, or (c)   it provides for the doing of an act which would be unlawful by virtue of this Part. (2)   Subsection (1) does not apply to a term the inclusion of which constitutes, or is in furtherance of, or provides for, unlawful discrimination against or harassment of, a party to the contract; but the term shall be unenforceable against that party. (3)   A term in a contract which purports to exclude or limit a provision of this Part is unenforceable by a person in whose favour the term would operate apart from this subsection. (4)   Subsection (3) does not apply to a contract settling a claim under section 67. (5)   On the application of a person interested in a contract to which subsection (1) applies, a county court or sheriff court may make an order for removing or modifying a term made unenforceable by that subsection; but an order shall not be made unless all persons affected— (a)   have been given notice of the application (except where notice is dispensed with in accordance with rules of court), and (b)   have been afforded an opportunity to make representations to the court. (6)   An order under subsection (5) may include provision in respect of a period before the making of the order.”” The noble Baroness said: Amendment No. 208 ensures that discrimination and harassment on the grounds of religion or belief cannot be undermined by a contract which involves, results in, or provides for, an act which is unlawful under Part 2. The equivalent provision already exists in other equality strands. It would clearly be wrong if otherwise unlawful actions could be subject to enforceable terms in a contract. We say that this is a sensible measure, which I hope will get the resounding support of the Committee. I beg to move. On Question, amendment agreed to. Clauses 73 and 74 agreed to. Clause 75 [Police]: