Equality Bill [HL]

My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 11. In speaking to this amendment, I shall speak also to Amendments Nos. 34 and 35. Amendment No. 11 corrects an anomaly in referencing in the Bill. Our intention is to oblige the new commission to inform the recipient of an unlawful act notice of the effect of its power under Clause 24 to apply to a court for an injunction in England and Wales, or an interdict in Scotland, to prevent discrimination. Without this amendment, the commission’s obligation would be restricted to informing the recipient of an unlawful act notice of its power to apply for an injunction in England and Wales, but not in Scotland. That was never our intention and does not make any sense, especially for an unlawful act notice issued in Scotland. Therefore, Amendment No. 11 extends the obligation on the commission to include its power to apply for an interdict in Scotland, and gives effect to our intention. Amendments Nos. 34 and 35 mirror each other for Scotland and Wales respectively and correct two drafting errors in the Bill. The policy intention is for the Bill to require the commissioner appointed for his or her knowledge about conditions in Scotland to chair the Scotland committee, and for the commissioner appointed for knowledge of Wales to chair the Wales committee. However, due to previous amendments to this schedule, the referencing is askew and makes no sense. I commend this group of amendments to the House. Moved, That the House do agree with the Commons in their Amendment No. 11.—(Baroness Ashton of Upholland.) On Question, Motion agreed to. 12 Clause 27, page 15, line 40, leave out ““whether it is unreasonable for a landlord to withhold”” and insert ““a landlord’s reasonableness in relation to”” 13 Page 15, line 41, after ““dwelling”” insert ““in England or Wales”” 14 Page 15, line 43, at end insert- ““(2A)   The Commission may make arrangements for the provision of conciliation services for disputes about whether— (a)   it is unreasonable for a landlord of a house (within the meaning of the Housing (Scotland) Act 2006 (asp 01)) in Scotland to withhold consent to the carrying out of 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, or (b)   any condition imposed by such a landlord on consenting to the carrying out of such work is unreasonable.”” 15 Page 16, line 1, leave out ““and (2)”” and insert ““to (2A)”” 16 Clause 28, page 16, line 40, after first ““proceedings”” insert ““in England and Wales”” 17 Page 16, line 41, leave out ““whether it is unreasonable for a landlord to withhold”” and insert ““of a landlord’s reasonableness in relation to”” 18 Page 16, line 44, at end insert-    ““(2A)   The Commission may assist an individual who is or may become a party to legal proceedings in Scotland if and in so far as the proceedings concern or may concern the question whether— (a)   it is unreasonable for a landlord to withhold consent to the carrying out of work in relation to a house (within the meaning of the Housing (Scotland) Act 2006 (asp 01)) 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, or (b)   any condition imposed by a landlord on consenting to the carrying out of such work is unreasonable.””