Select Committee on Social Affairs debate -
Wednesday, 19 Mar 1997

SECTION 9.

Dr. McDaid

I move amendment No. 52:

In page 14, subsection (2)(a), line 17, after "membership" to insert "other than a club comprised of a recognisable minority such as nationality, disability or sexual orientation".

The purpose of this amendment is to clarify that minority clubs will be entitled to retain their status as clubs catering for minorities. The amendment is catering for the people this Bill is trying to help. For example, it is to ensure there can be an association specific to people in wheelchairs or that clubs can be set up for those of French, Italian or Bosnian nationality. In other words, they should be able to retain their specific identity as minorities without being discriminated against by outsiders.

Mr. Taylor

I appreciate Deputy McDaid's intention in tabling this amendment. The amendment would take clubs comprising members of minorities outside the scope of section 9. Section 10(1)(a) contains an exception to section 9 in respect of clubs whose principal purpose is to cater for persons of a particular religion, age, nationality or ethnic or national origin. To an extent, there is an overlap between the Deputy's amendment and this provision. The differences between the two seem to be, first, that categories other than those mentioned in section 10(1)(a) are included in the amendment and, second, the amendment would give different and preferential treatment to minorities. Perhaps the Deputy will be happy with section 10(1)(a).

Dr. McDaid

Does it mean that someone of Italian nationality who sets up a club for Italians here can be discriminated against if they refuse membership to outsiders?

Mr. Taylor

It is provided for that they can set up such a club.

Dr. McDaid

Can they refuse membership to people of any other nationalities?

Mr. Taylor

Yes. Section 10(1)(a) states:

For the purposes of section 9 , a club shall not be considered to be a discriminating club by reason only that it refuses membership to a person who, if the principal purpose of the club is to cater to persons in the category of a particular. . . nationality or ethnic or national origin, is not in that category.

Amendment, by leave, withdrawn.

Mr. Taylor

I move amendment No. 53:

In page 14, subsection (2)(b), line 18, to delete "any" and substitute "without prejudice to the generality of paragraph (a), any".

This is a simple amendment which makes clear that the instances cited in paragraph (b) do not limit the generality of paragraph (a).

Amendment agreed to.

Mr. Taylor

I move amendment No. 54:

In page 14, subsection (2)(b)(ii), line 25, to delete "or".

Amendment agreed to.

Mr. Taylor

I move amendment No. 55:

In page 14, subsection (2)(b)(iii), line 27, to delete "sanction." and substitute "sanction, or".

Amendment agreed to.

Mr. Taylor

I move amendment No. 56:

In page 14, subsection (2)(b), between lines 27 and 28, to insert the following:

"(iv) subject to section 5(2), refusing to do what is reasonably necessary (including by special treatment or the provision of special facilities) to allow a member or applicant for membership with a disability satisfactorily to avail himself or herself of any right, privilege, status, property, facility or service that is or would be available to any other member or applicant, as the case may be, who does not have a disability, unless what is reasonably necessary would give rise to undue difficulty.".

Amendment agreed to.

Section 9, as amended, agreed to.