§ 4 After Clause 1, insert the following new clause:—
"Discrimination required by public entertainment licences.
—(1) Nothing in—shall have effect at any time after the coming into force of this section, so as to require any person to do any act which, apart from section 51 of the 1975 Act (acts done under statutory authority), is rendered unlawful by Part II of the 1975 Act (discrimination in relation to employment) or by so much of Part IV of the 1975 Act as relates to acts rendered unlawful by the said Part II.
- (a) any licence granted (whether before or after the coming into force of this section) under Schedule 1 to the Local Government (Miscellaneous Provisions) Act 1982 or Schedule 12 to the London Government Act 1963 (public entertainment licences); or
- (b) any regulations made for the purpose of prescribing the terms, conditions or restrictions on or subject to which any such licence is deemed to be granted.
(2) In this section "act" has the same meaning as in the 1975 Act.".
§ Lord Young of GraffhamMy Lords, I beg to move that this House do agree with the Commons in their Amendment No. 4. Once again, with the leave of the House, I shall also speak to the technical amendment, Amendment No. 22, which amends the Long Title.
I think I should say at the outset that this clause in Amendment No. 4 is mainly the responsibility of my Home Office colleagues. It has, however, an employment connection and in this respect I am pleased to present it to your Lordships. The clause is a further small—indeed, I fear quite small—step towards equality for women in the workforce but it closes a loophole in our sex discrimination legislation.
The clause provides that if a public entertainments licence, or regulation under which such a licence is granted, requires discrimination which would be 977 unlawful under the employment provisions of the Sex Discrimination Act, then that requirement is invalid. I am sure that the danger of local authorities using their licensing powers in a sex discriminatory way is theoretical rather than real. Nevertheless, the European Commission brought this possibility to our notice and we are acting to remove it. Amendment No. 22 is consequential on Amendment No. 4 and amends the Long Title to include the new clause within its scope. I beg to move.
§ Moved, That this House do agree with the Commons in the said amendment.—(Lord Young of Graffham.)
§ On Question, Motion agreed to.