---

Equality Bill [HL]

moved Amendment No. 130:"Page 30, line 41, leave out ““make regulations”” and insert ““by order””" The noble Baroness said: My Lords, I move government Amendment No. 130 and speak to government Amendments Nos. 131, 132, 134, 135, 136, 137, 138, 164 and 165 standing in the name of my noble and learned friend Lord Falconer of Thoroton. Amendments Nos. 164 and 165 respond in particular to the suggestion by the Delegated Powers and Regulatory Reform Committee and others that the scope of the power in Clause 65 as we have it at present is too broad. They remove the power to create exceptions to Part 2, except in relation to public authorities, and take out entirely the power to remove exceptions from Part 2. We believe that it is right to retain a power to create exceptions which might be made necessary in relation to the functions of public authorities, and to vary the exceptions provided in Part 2. Our discussions on this Bill have shown that we are undertaking a fine balancing act in this area, and we consider it wise to allow for the possibility that an exception might require fine tuning at a later date. Any order made would be made by the affirmative procedure. The other amendments in this group serve to make the separate power in Clause 52, which applies to provisions in the Bill dealing with educational establishments, exercisable by order: these amendments place the power on the same footing as that in Clause 65 and in particular allow an order under Clause 52(4) to amend primary legislation. We believe that these changes meet the very proper concerns that have been expressed about this clause. I beg to move.