HC Deb 17 May 1989 vol 153 cc338-40

'(1) The following section shall be substituted for section 14 of the 1975 Act

"Persons concerned with provision of vocational training 14.—(1) It is unlawful, in the case of a woman seeking or undergoing training which would help fit her for any employment, for any person who provides, or makes arrangements for the provision of, facilities for such training to discriminate against her—

  1. (a) in the terms on which that person affords her access to any training course or other facilities concerned with such training, or
  2. (b) by refusing or deliberately omitting to afford her such access, or
  3. (c) by terminating her training,or
  4. (d) by subjecting her to any detriment during the course of her training.

(2) Subsection (1) does not apply to—

  1. (a) discrimination which is rendered unlawful by section 6(1) or (2) of section 22 or 23, or
  2. (b) discrimination which would be rendered unlawful by any of those provisions but for the operation of any other provision of this Act."

(2) The following section shall be substituted for section 13 of the Race Relations Act 1976—

"Persons concerned with provision of vocational training 13.—(1) It is unlawful, in the case of an individual seeking or undergoing training which would help fit him for any employment, for any person who provides, or makes arrangements for the provision of, facilities for such training to discriminate against him—

  1. (a) in the terms on which that person affords him access to any training course or other facilities concerned with such training; or
  2. (b) by refusing or deliberately omitting to afford him such access; or
  3. (c) by terminating his training; or
  4. (d) by subjecting him to any detriment during the course of his training.
(2) Subsection (1) does not apply to—
  1. (a) discrimination which is rendered unlawful by section 4(1) or (2) or section 17 or 18; or
  2. (b) discrimination which would be rendered unlawful by any of those provisions but for the operation of any other provision of this Act."
 (3) In section 37 of the Race Relations Act 1976 (discriminatory training by certain bodies)—
  1. (a) in subsection (1), for "a training body" and "it appears to the training body" there shall be substituted "any person" and "it reasonably appears to that person" respectively;
  2. (b) in subsection (2), for "it appears to a training body" and "the training body" there shall be substituted "it reasonably appears to any person" and "that person" respectively; and
  3. (c) the following subsection shall be substituted for subsection (3)—
 (3) The preceding provisions of this section shall not apply to any discrimination which is rendered unlawful by section 4(1) or (2).".'.—[Mr. Nicholls.]

Brought up, and read the First time.

4.36 pm
The Parliamentary Under-Secretary of State for Employment (Mr. Patrick Nicholls)

I beg to move, That the clause be read a Second time.

Mr. Speaker

With the new clause it will be convenient to discuss at the same time Government amendments Nos. 6, 7, 9, 11, 12, 14, 15, 16 and 17.

Mr. Nicholls

The Opposition moved two new clauses in Committee which sought to amend the Race Relations Act 1976. We looked at those new clauses on their merits and we accept that many aspects of the changes that Opposition Members proposed are desirable and would improve the operation of the Race Relations Act by removing bureaucracy. However, we could not agree to the Opposition new clauses as they stood because of difficulties with their drafting. We therefore agreed, subject to the Opposition withdrawing the new clauses, to introduce a Government new clause which would achieve the amendments that the Opposition were seeking and which would also amend where necessary the Sex Discrimination Act 1975.

Subsections (1) and (2) of the new clause 6 would amend section 14 of the Sex Discrimination Act 1975 and section 13 of the Race Relations Act 1976 respectively. The two sections are identical in all relevant respects. Their main purpose is to bring within the jurisdiction of industrial tribunals sex and race discrimination by certain bodies which provide employment-related training, while not depriving employers who already train of the defences that they could at present enjoy under section 4 of the 1976 Act.

Amendments Nos. 6, 7, 9, 11, 12, 14, 15 and 16 are consequential amendments which deal with when the new clause will come into effect and amend references to the current section 14 of the 1975 Act and sections 13 and 37 of the 1976 Act in the Employment Bill, the 1975 Act, the 1976 Act and the 1988 Employment Act to take account of the provisions of the new clause. Amendment No. 17 inserts a reference to training in the long title of the Bill.

Therefore, new clause 6 and the amendments being taken with it fulfil exactly the aims that Opposition Members had in moving their original clause. I commend the new clause and the consequential amendments to the House.

Ms. Jo Richardson (Barking)

The Minister is right to say that the new clause and consequential amendments flow from amendments which the Opposition moved in Committee and withdrew on the undertaking that the Government would look into the matter.

As we pointed out in Committee, the clause that we moved at that stage had been drafted by the Commission for Racial Equality. I am a bit surprised to find that it did not get it right. As I also said in Committee, one day we shall have to have a seminar on drafting because the Government always seem to have the edge on drafting.

The purpose of our new clause was to extend the protection of the legislation against racial discrimination to the treatment of trainees on work experience and work placements. The Government have given effect to that. The wording of their new clause is substantially the same as that of ours, which was drafted by the CRE. It extends protection in the same way. It also extends to women trainees the protections provided in the two equality statutes—the Race Relations Act and the Sex Discrimination Act. I am glad that the Government have done what they said that they would do. They have kept their word on this occasion.

Mr. Nicholls

As always.

Ms. Richardson

We shall see about that.

The new clause will do nothing but good.

Question put and agreed to.

Clause read a Second time, and added to the Bill.

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