Bills Committee Amendments
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Turning now to the 12 amendments proposed by the Bills Committee. Members will be familiar with the amendments to be proposed because similar amendments were proposed recently to the Sex Discrimination Bill. We propose to respect the decision made by Members by voting for two of these amendments, but we will be opposing the others. I will explain our reasons for again proposing these ten amendments at the Committee Stage, but at this point I would like to say a few words about those which we feel we cannot accept on grounds of policy and principle.
Commission to Bring Proceedings in its Own Name etc.
The Bills Committee has proposed that the Equal Opportunities Commission be able to bring proceedings in its own name, intervene in proceedings, as well as take over proceedings where the claimant withdraws from them. We agree that it should be empowered to bring proceedings in its own name. But we aim to do this through subsidiary legislation which will set out how exactly this may be done. As proposed by the Bills Committee, the provisions would permit the Commission to bring proceedings where the claimants do not wish to do so for whatever reason. We believe the Commission should respect rather than interfere in an individual's decision in this regard.
Where the Equal Opportunities Commission wished to establish a point of principle, this would be better done through a formal investigation or a test case where the individual was content to be involved.
We would, therefore, urge Members to accept our amendment to give the Equal Opportunities Commission the power to institute proceedings in its own name and require the Administration to set out in regulations (which would have to come to this Council for approval), the legal framework in which this power would be exercised. And we would, of course, consult the Commission fully in the process of drafting such regulations.
Formal investigations
As presently drafted, the Bill requires the Commission to draw up terms of reference for a formal investigation. This is an investigation into, for example, a sector-wide or company-wide discriminatory practice. Where the terms of reference are confined to activities of persons named in them and the Commission proposes to investigate any act made unlawful by the Bill, it has to inform the person of its belief that such an act has occurred and of its proposal to investigate. The person then has the chance to make representations and to be represented by counsel or a solicitor in this process.