Clause 56

Equality Bill – in a Public Bill Committee am 10:45 am ar 23 Mehefin 2009.

Danfonwch hysbysiad imi am ddadleuon fel hyn

Interpretation

Photo of Lynne Featherstone Lynne Featherstone Shadow Minister (Children, Schools and Families), Liberal Democrat Spokeperson (Children, Schools and Families)

I beg to move amendment 244, in clause 56, page 43, line 38, at end insert—

‘(ca) a member of an authority in the GLA family;’.

An amendment to ensure all GLA authorities cannot discriminate against its members, such as the LFEPA or MPA.

Photo of Joe Benton Joe Benton Llafur, Bootle

With this it will be convenient to discuss the following: amendment 245, in clause 56, page 44, line 6, at end insert—

‘(m) a fire authority.’.

An amendment to ensure members of fire authorities are protected from discrimination.

Photo of Lynne Featherstone Lynne Featherstone Shadow Minister (Children, Schools and Families), Liberal Democrat Spokeperson (Children, Schools and Families)

We are back to the GLA. The amendment is probing and based on an earlier amendment. Amendment 245 probes the same issue to ensure that members of fire authorities across the country are protected against discrimination. It would be helpful if the Minister clarified where the members of other public authorities, such as police authorities and fire authorities, stand in terms of the clause.

Photo of Vera Baird Vera Baird Solicitor General, Attorney General's Office

Let me explain the protection—I thank the hon. Lady for the amendments to facilitate that. Amendment 244 is to include authorities “in the GLA family” within the meaning of “local authority” for the purposes of protection under clause 55. The amendment would even include the members of those authorities in the definition of a “local authority”, so they would be prohibited from discriminating against themselves—but never mind, I appreciate that the amendment is probing.

Members of those bodies may be protected under clauses 46 to 48, in respect of the appointment and conditions of office if they are personal or public office holders, or under clause 36 if the relationship amounts to employment. However, clause 55 aims at elected members while they undertake official business. It harmonises the existing law, providing a limited exception to the exclusion of elected offices from protection under discrimination law, recognising the importance of prohibiting discrimination and enabling reasonable adjustments in the carrying out of official business by local authority members.

We have put a power in clause 56(3) whereby bodies that exercise functions conferred on local authorities may be added to the list, recognising the fact that many members of local authorities are subsequently appointed to other, quasi-local authority bodies to discharge some of the functions of the local authority. Ensuring that such members are protected from discrimination, victimisation and harassment in the carrying out of  official business in respect of those bodies as well is right, because they operate effectively as an extension of the local authorities, the functions of which they are discharging. It is better to do that by secondary legislation, rather than in the Bill, for greater flexibility, given that local authorities change and the situation is dynamic. We shall consider what bodies should be included by means of the power, and we shall look at the ones referred to by the hon. Lady at that time.

Photo of Lynne Featherstone Lynne Featherstone Shadow Minister (Children, Schools and Families), Liberal Democrat Spokeperson (Children, Schools and Families)

I thank the Minister for that clarification. Having the provision put so clearly into words is helpful. On that basis, I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Clause 56 ordered to stand part of the Bill.

Clause 57 ordered to stand part of the Bill.