Clause 82 - General duty to promote equality, I beg to move amendment No. 143, in clause 82, page 50, line 1, leave out 'and'.
Equality Bill [Lords]
10:15 am
Evan Harris (Science, Non-Departmental & Cross Departmental Responsibilities; Oxford West and Abingdon, Liberal Democrat)
I rise to give the Minister the opportunity to place on the record her explanation of the different definition of ''public authority'' in the context of a question that I am going to ask. I had not expected her to explain the matter before.
In clause 82(2)(a), the term ''public authority'' is defined to include—as it is in the previous clause, I should say—
''any person who has functions of a public nature''.
The definition in the Human Rights Act 1998 is:
''any persons certain of whose functions are functions of a public nature''.
The wording is different. This is a sensitive area, because case law has not given as wide a definition of ''public authority'' as some people, myself included, would like. It would be helpful if the Minister explained—if there is an explanation—why the wording is different and gave an assurance that the one in the Bill is no narrower than the definition under the Human Rights Act, which as I said, is slightly different. The wording
''any person who has functions of a public nature''
is easily capable of encompassing people who have some public functions as well as private functions. It would help if the Minister could make that clear.