My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 1 to 5. This is a small group of minor drafting amendments.
Clause 7 limits the role of the new commission in relation to human rights issues in Scotland. It allows the commission to take human rights action in relation to devolved issues only with the consent of a ““body”” established by Act of the Scottish Parliament. When the clause was first drafted, it was anticipated that this would be a Scottish human rights commission. The Bill which is now before the Scottish Parliament would, in fact, create a Scottish commissioner for human rights. The amendments merely update the drafting to reflect the fact that the Scottish Parliament is considering the creation of a post and not a body. They in no way change the policy underlying the clause.
Moved, That the House do agree with the Commons in their Amendments Nos. 1 to 5.—(Baroness Ashton of Upholland.)
On Question, Motion agreed to.
6 Clause 14, page 8, line 5, after ““tenants”” insert ““in England or Wales””
7 Page 8, line 10, leave out ““circumstances in which it is unreasonable to withhold”” and insert ““reasonableness in relation to””
8 Page 8, line 19, at end insert-
““(3A) The Commission may issue a code of practice giving practical guidance to landlords and tenants of houses (within the meaning of the Housing (Scotland) Act 2006 (asp 01)) in Scotland about—
(a) circumstances in which the tenant requires the consent of the landlord to carry out work in relation to the house for the purpose of making the house suitable for the accommodation, welfare or employment of any disabled person who occupies, or intends to occupy, the house as a sole or main residence,
(b) circumstances in which it is unreasonable to withhold that consent,
(c) circumstances in which any condition imposed on the granting of that consent is unreasonable, and
(d) the application in relation to such work of—
(i) sections 28 to 31 and 34(6) of the Housing (Scotland) Act 2001 (asp 10), and
(ii) sections 52, 53 and 64(6) of the Housing (Scotland) Act 2006 (asp 01).””
9 Page 8, line 46, at end add—
““(9) In relation to a code of practice under subsection (3A), the Secretary of State shall consult the Scottish Ministers before—
(a) approving a draft under subsection (6)(a) above, or
(b) making an order under subsection (7)(b) above.””
10 Clause 15, page 9, line 18, at end insert-
““(4A) Subsection (4)(b) does not apply in relation to a code issued under section 14(3A).””
Equality Bill [HL]
Proceeding contribution from
Baroness Ashton of Upholland
(Labour)
in the House of Lords on Monday, 13 February 2006.
It occurred during Debate on bills on Equality Bill [HL].
Type
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Reference
678 c999-1000 
Session
2005-06
Chamber / Committee
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2024-04-22 00:14:10 +0100
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