HL Deb 22 June 1976 vol 372 cc249-52

[References are to Bill 44 as first printed for the Commons]

[Nos. 1–24.]

Clause 5, page 3, line 40, leave out", the Agency and "and insert" and the Agency, with such organisations appearing to it to be representative of employers, of organisations of workers, and of persons engaged in occupation in Northern Ireland as it thinks fit, and with"

page 4, line 12, leave out from "afforded" to the end of line 13 and insert "shall have such regard to the recommendations contained in the guide as it considers proper in all the circumstances"

Clause 7, page 5, line 21, after "(b)" insert "(i) or"

Clause 8, page 5, line 30, after "(h)" insert "(i)" or

line 34, at end insert— ( ) An appeal against the removal of a declarant's name from the register under section 7(2)(b)(i) may be made on the ground that in all the circumstances it was unreasonable of the Agency to require the declarant to reaffirm his intention to adhere to the Declaration of Principle and Intent, or to do so after any particular interval or in any particular manner

line 36, leave out "the appeal" and insert "an appeal under this section "

leave out line 37 and insert— ( ) Where, on an appeal under this section, the question arises

line 40, leave out "may have regard" and insert "shall have such regard as it considers proper in all the circumstances"

Clause 9, page 6, line 9, after "names" insert "of employers"

line 23, after "any" insert "employer's"

line 26, leave out "or organisation's"

line 28, leave out "or organisation's"

line 29, leave out "or in any other circumstances"

line 31, leave out "or its"

Clause 12, page 8, line 5, leave out "provide "and insert "afford"

line 6, leave out "to secure" and insert "for promoting"

page 9, line 7, leave out "that class" and insert "any class referred to in paragraph (a)"

Clause 13, page 9, line 21, leave out "provide" and insert "afford"

line 24, leave out from the first "to" to "equality" and insert "ensure that he takes such action for promoting"

page 10, line 9, leave out "provide" and "insert "afford"

line 13, at end insert "but the terms of directions contained in a notice served under subsection (2)(ii) which supersede an undertaking shall be such as, in the opinion of the Agency, are not more onerous than the terms of the undertaking"

Clause 14, page 11, leave out lines 13 and 14 and insert— (b) that in all the circumstances the directions are not appropriate for promoting equality of opportunity; or

line 29, leave out "may have regard" and insert "shall have such regard as it considers proper in all the circumstances"

Clause 15, page 11, line 35, leave out "to ensure" and insert "for promoting".

Lord DONALDSON of KINGS-BRIDGE

My Lords, with the leave of the House I beg to move that this House doth agree with the Commons in their Amendments Numbers 1 to 24 en bloc. All these Amendments fall within Part II of the Bill which is concerned with equality of opportunity. These, and the rest of the Commons Amendments to the Bill, which I propose to move in four more blocks, represent the result of the efforts of both Government and other Members in the other place to improve this Bill in detail, and I commend them to your Lordships.

Of these first 24 Amendments, Nos. 9 to 12, 14, 15, 16, 17, 18 to 20, 22 and 24 are drafting or consequential Amendments. Amendment No. 1 obliges the Department of Manpower Services to consult such representatives of employers, of organisations, of workers and persons engaged in occupations as it thinks fit in preparing the guide to good manpower policy and practice. Your Lordships will recall that they suggested an improvement on these lines at an earlier stage of the Bill in your Lordships' House. Amendments Nos. 2, 8 and 23 make it mandatory for the Agency and the Appeals Court to have such regard as they think proper to the recommendations of the guide when carrying out their functions. Amendments Nos. 3, 4, 5 and 6 provide for appeal against removal of the name of a declarant from the Register of Equal Opportunity Employers and Organisations. Amendment No. 7 extends the circumstances in which the Appeals Board may have regard to the guide.

Amendment No. 13 limits to cases of conduct by its contractors the obligation on a public authority to inform the Agency of conduct inconsistent with the declaration of commitment to the principle of equality of opportunity. Amendment No. 21 ensures that if it becomes necessary for the Agency to follow up an undertaking given by an employer to remedy practices which fail to give equality of opportunity with enforceable directions, those directions will not be more onerous than the original undertaking. I beg to move this block of Amendments.

Moved, That this House does agree with the Commons in the said Amendments—(Lord Donaldson of Kingsbridge.)

Lord BELSTEAD

My Lords, in agreeing to these Amendments may I welcome Amendment No. 1. The guide is going to have an important part to play in making this Bill both acceptable and effective. I should like to welcome the Government acceptance of the view expressed in another place that Amendment No. I should be made.

I would say just a word about Amendment No. 5. My noble friends on this side of the House made no secret of the fact that they would have liked to see an Amendment put in the Bill to prohibit quotas, spelt out in specific terms. This argument went on into the Report stage in another place. It strikes me that Amendment No. 5 is about as near as the Bill is going to come to making it clear that quotas are prohibited. We are going to have to be content with that. I realise that the Government are saying that quotas are prohibited. It is just that I am still disappointed that this is not written in in specific terms. With that mild note of reservation, I welcome Amendments Nos. 1 to 24.

On Question, Motion agreed to.