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Proceeding contribution from Baroness Ashton of Upholland (Labour) in the House of Lords on Wednesday, 19 October 2005. It occurred during Debate on bill on Equality Bill [HL].


Equality Bill [HL]

moved Amendment No. 96:"Page 20, line 3, after ““taken”” insert ““or proposed””" The noble Baroness said: My Lords, in moving Amendment No. 96 I shall also speak to Amendments Nos. 97, 99 and 100. The purpose behind these four amendments is to refine the arrangements for enforcement of the public sector duties so that they are more effective. The general and specific duties create very different sets of obligations and we need a more tailored enforcement arrangement for each. In summary, the arrangements that we are proposing are that the commission will be required to conduct an assessment before issuing a compliance notice in respect of a breach of the general duty. There will be no such requirement to conduct an assessment in respect of a breach of a specific duty. Applications to enforce a compliance notice will be to the High Court or Court of Session in respect of a breach of a general duty and to the County Court or Court of Session for a breach of a specific duty. A compliance notice can require information of not only the steps taken to rectify the breach but steps proposed. The commission will also be required to specify in a compliance notice the period of time before which it will not apply to a court to require a person to comply with a compliance notice. The Bill will reflect existing legislation and provide that the sole mechanism for enforcing a specific duty is by means of a compliance notice. It excludes any other party seeking to enforce a breach of a specific duty by any means. I beg to move. On Question, amendment agreed to.


Secondary information

Type
Proceeding contribution
Reference
674 c806-7 
Session
2005-06
Chamber / Committee
House of Lords chamber
Subjects
Disability Children Disclosure of information Codes of practice Age Disability Rights Commission Commission for Racial Equality Civil proceedings Equality Human rights Gender Equality and Human Rights Commission Equal Opportunities Commission Public appointments Monitoring Religion Sexuality
Legislation
Equality Bill (HL) 2005-06
Link
View this Proceeding contribution on www.publications.parliament.uk