Employment Flash - 15th April 2010

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The usual ping-pong between Commons and Lords relating to Lords' amendments was cut short by the anticipated dissolution such that the Commons accepted all the Lords proposed amendments so that the Equality Bill could pass before the dissolution. The Bill was passed on 6th April 2010 and received Royal Assent on 8th April 2010. The Lords laid down 114 amendments, and the Act therefore has the apperance that the Bill took at the Report stage in the House of Lords - all 218 sections and 28 Schedules of it.

As usual the bulk of the Act is to come into force on a day to be provided for. However, Part 15 of the Act relating to family property will be for the Lord Chancellor by order to appoint whilst the remainder of Act will await Ministerial order. On the passing of the Act Part 16 (ss.202-218) came into effect except for ss. 202 (amending the Civil Partnerships Act 2004), 206 (information society services) and 211 (amendments, repeals, revocations). In addition s.186(2) which deals with s.186(1) and Schedule 20 (rail vehicle accessibility: concessions) also came into affect on the passing of the Act.

The amendments to the Civil Partnership Act 2004 will at present include when the section is brought into force an exemption that "nothing in this Act" places an obligation on religious organisations to host civil partnerships if they do not wish to do so ("this Act" is the Civil Partnerships Act). Whether in practice that exemption will prove to be watertight in relation to discrimination remains to be seen.

Although s.211 refers to Schedules 26 (amendments) and Schedule 27 (repeals and revocations) as "has effect", they still remain to have effect on a date to be appointed by a Minister of the Crown. As they repeal amongst other matters the entirety of EqPA 1970, SDA 1975 & 1986, RRA 1976 and DDA 1995 amongst other provisions anyone lighting on s.211 but for any reason missing out s.216 (provision for commencement under the Act) is likely to look again at the Act, but to re-state "shall have effect" on a date to be appointed not immediately.

There is a marginally strained reminder of the prime mover behind what has to be, if for no other reason, a welcome tidying up of the statute book in ss.203-4. These sections deal with "Harmonisation" of community law with domestic law so that there will in addition to provision for the amendment of the Equality Act by order always be a reminder of the Act's main moving force - Harriet Harman.