Equality Bill – in a Public Bill Committee am 10:15 am ar 2 Gorffennaf 2009.
This amendment is to probe the reason for subsection (2), particularly in what way it relates to subsection (4) of Clause 186.
This amendment was tabled with a statement that it was a probing amendment, and an explanation why. I wish, since this is purely a constructive probing exercise, to ask not just whether this situation is the way that it has always been, but why it is that subsection 187(2) says that clause 186
“does not apply to race, so far as relating to colour ”
when subsection 186(4) says that if
“a charitable instrument enables the provision of benefits to persons of a class defined by reference to colour, it has effect for all purposes as if it enabled the provision of such benefits—
(a) to persons of the class which results if the reference to colour is ignored, or
(b) if the original class is defined by reference only to colour, to persons generally.”
The fundamental problem is that I am unable to determine the meaning of subsection 186(4). I accept that that is my shortcoming, but it might be shared by others. I thought that the best way to raise the issue was by asking what subsection 187(2) does, because it is not obvious what it means, either to me or to others whom I have asked, including legally minded people. I would be grateful, therefore, for an explanation.
Vera Baird
Solicitor General, Attorney General's Office
Amendment 308 would remove section 187(2), which prevents charities that provide benefits only to people of particular colour from relying on the exemption in subsections (1) and (2) of Clause 186. The effect of the amendment would be that such a charity could seek to show that the restriction of benefits was proportionate in achieving a legitimate aim. There is never any justification for discriminating between people who have different colours, and subsection 186(4) replicates that effect. The law has not changed since 1976, and it is a pity if it has not been understood during all that time. When a charitable instrument defines beneficiaries by reference to colour, the provision takes effect as if the reference to colour were completely disregarded. Therefore, there is no problem here.
A parliamentary bill is divided into sections called clauses.
Printed in the margin next to each clause is a brief explanatory `side-note' giving details of what the effect of the clause will be.
During the committee stage of a bill, MPs examine these clauses in detail and may introduce new clauses of their own or table amendments to the existing clauses.
When a bill becomes an Act of Parliament, clauses become known as sections.
As a bill passes through Parliament, MPs and peers may suggest amendments - or changes - which they believe will improve the quality of the legislation.
Many hundreds of amendments are proposed by members to major bills as they pass through committee stage, report stage and third reading in both Houses of Parliament.
In the end only a handful of amendments will be incorporated into any bill.
The Speaker - or the chairman in the case of standing committees - has the power to select which amendments should be debated.
A parliamentary bill is divided into sections called clauses.
Printed in the margin next to each clause is a brief explanatory `side-note' giving details of what the effect of the clause will be.
During the committee stage of a bill, MPs examine these clauses in detail and may introduce new clauses of their own or table amendments to the existing clauses.
When a bill becomes an Act of Parliament, clauses become known as sections.
As a bill passes through Parliament, MPs and peers may suggest amendments - or changes - which they believe will improve the quality of the legislation.
Many hundreds of amendments are proposed by members to major bills as they pass through committee stage, report stage and third reading in both Houses of Parliament.
In the end only a handful of amendments will be incorporated into any bill.
The Speaker - or the chairman in the case of standing committees - has the power to select which amendments should be debated.
Ministers make up the Government and almost all are members of the House of Lords or the House of Commons. There are three main types of Minister. Departmental Ministers are in charge of Government Departments. The Government is divided into different Departments which have responsibilities for different areas. For example the Treasury is in charge of Government spending. Departmental Ministers in the Cabinet are generally called 'Secretary of State' but some have special titles such as Chancellor of the Exchequer. Ministers of State and Junior Ministers assist the ministers in charge of the department. They normally have responsibility for a particular area within the department and are sometimes given a title that reflects this - for example Minister of Transport.
Evan Harris
Shadow Science Minister