B1420 – Positive Action (Repeal) Bill 2018 Watch

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Saracen's Fez
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B1420 – Positive Action (Repeal) Bill 2018, TSR Libertarian Party


Positive Action (Repeal) Bill 2018

A Bill to repeal ‘positive actin’.

BE IT ENACTED by The Queen's most Excellent Majesty, by and with the advice and consent of the Commons in this present Parliament assembled, in accordance with the provisions of the Parliament Acts 1911 and 1949, and by the authority of the same, as follows:-

1: Definitions
(1) ‘Protected characteristics’ are defined in sections 4-12 of the Equality Act 2010.
(2) ‘Positive action’ is defined in section 158 of the Equality Act 2010.

2: Repeal of positive action
(1) Section 158 of the Equality Act 2010 is hereby repealed.
(2) Section 159 of the Equality Act 2010 is hereby repealed.
(3) Organisations shall not give persons preferable treatment due to a protected characteristic.
(4) Giving persons preferable treatment due to a protected characteristic shall hereby be considered discrimination.

3: Commencement, Short Title, Extent and Conditions
(1) This bill shall come into force upon Royal Assent.(insert text here).
(2) This bill may be cited as the Positive Action (Repeal) Bill 2018.
(3) This bill extends to the United Kingdom.

Notes
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‘Positive action’ is essentially a form of discrimination against persons with an absence of protected characteristics. Furthermore, any form of ‘affirmative action’ has limited evidence of improving the lives of minorities.

http://www.legislation.gov.uk/ukpga/2010/15/part/11/chapter/2
http://researchbriefings.files.parliame nt.uk/documents/SN06093/SN06093.pdf - a parliamentary briefing paper explaining what positive action is and how it works.
http://www.lawsociety.org.uk/support-services/advice/practice-notes/equality-act-2010/#ea51 – the Law Society’s explanation of s158 and s159.

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ns_2
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Agree with the sentiment and the repeal of positive action in regards to all protected characteristics barring disability - people ought to be considered based on merit, which may not be immediately apparent in disabled candidates.
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katf
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Would reasonable adjustments for disability be considered positive action? For example, my boss allows me time off for counselling.
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LibertarianMP
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Aye, all discrimination should be banned
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Jammy Duel
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(Original post by ns_2)
Agree with the sentiment and the repeal of positive action in regards to all protected characteristics barring disability - people ought to be considered based on merit, which may not be immediately apparent in disabled candidates.
So why should somebody with a disability be given preferential treatment and not be treated as an equal?
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Jammy Duel
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(Original post by katf)
Would reasonable adjustments for disability be considered positive action? For example, my boss allows me time off for counselling.
And that is entirely at the discretion of your employer, there is no statutory requirement for them to do this
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ns_2
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(Original post by Jammy Duel)
So why should somebody with a disability be given preferential treatment and not be treated as an equal?
Because they are physically unable to be 'equal', and doing so would bring discrimination law in line with the action of the government in respect to benefits; benefits which go to only one group of protected characteristics - the disabled.
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Jammy Duel
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(Original post by ns_2)
Because they are physically unable to be 'equal', and doing so would bring discrimination law in line with the action of the government in respect to benefits; benefits which go to only one group of protected characteristics - the disabled.
Have you actually read the sections being repealed? This has nothing to do with benefits
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ns_2
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(Original post by Jammy Duel)
Have you actually read the sections being repealed? This has nothing to do with benefits
I am aware of what this Bill does - i.e. removing the concept of positive discrimination ('positive action')

Whilst I wholeheartedly support the removal of positive action in respect to gender, race and the majority of the other protected characteristics, I see disability as a characteristic that ought to remain protected given the vulnerable nature of disabled people.
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Jammy Duel
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(Original post by ns_2)
I am aware of what this Bill does - i.e. removing the concept of positive discrimination ('positive action'

Whilst I wholeheartedly support the removal of positive action in respect to gender, race and the majority of the other protected characteristics, I see disability as a characteristic that ought to remain protected given the vulnerable nature of disabled people.
Are disabled people as a whole inherently more vulnerable than any other group though?
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ns_2
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(Original post by Jammy Duel)
Are disabled people as a whole inherently more vulnerable than any other group though?
Than any other protected characteristic on a long term basis, barring children and the elderly (who are unlikely to be in employment anyway), yes.
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The Champion.m4a
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A bill to repeal positive actin'! Not sure what positive acting is, but aye if it means banning Taylor Swift from starring in films. #HitlorMustFall
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Joel 96
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Aye aye aye aye
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CatusStarbright
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(Original post by ns_2)
Than any other protected characteristic on a long term basis, barring children and the elderly (who are unlikely to be in employment anyway), yes.
I'd just like to point out here that positive action is at present entirely voluntary, so there will already be businesses that don't engage in such activities to give special treatment to the disabled and those with other protected characteristics.
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Rakas21
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Aye.

A good bill (though correct the 'actin' spelling mistake) and for future HANSARD purposes i would perhaps take from your links to beef up the notes but it's fine as it is.

If it does not already, i would extend this to remove the ability for all-women shortlists ect..
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Mr Eurosceptic
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This should not be called the Positive Action (Repeal) Bill. It should be titled the 'Anti-Discrimination Bill'. All types of discrimination have positive effects for someone and negative effects for another. Only stale yogurts would support discrimination.
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CatusStarbright
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(Original post by Rakas21)
Aye.

A good bill (though correct the 'actin' spelling mistake) and for future HANSARD purposes i would perhaps take from your links to beef up the notes but it's fine as it is.

If it does not already, i would extend this to remove the ability for all-women shortlists ect..
I'll make sure the mistake is fixed.
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Eppeb
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Aye "positive action" is not positive at all.
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SoggyCabbages
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Seems good to me.

Ayeeeeee.
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Jammy Duel
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This has entered cessation.
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