Clause 187

Part of Equality Bill – in a Public Bill Committee am 10:15 am ar 2 Gorffennaf 2009.

Danfonwch hysbysiad imi am ddadleuon fel hyn

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.