Arbitration and Mediation Services (Equality) Bill [HL]
Official Summary
A Bill to make further provision about arbitration and mediation services and the application of equality legislation to such services; to make provision about the protection of victims of domestic abuse; and for connected purposes.
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Overview
This bill aims to improve equality within arbitration and mediation services, enhance protections for domestic abuse victims, and address issues related to false claims of legal jurisdiction. It amends several existing Acts to achieve these goals.
Description
The bill makes key changes to existing legislation:
Equality Act 2010 Amendments:
- Prohibits discrimination, harassment, or victimisation based on sex in arbitration services. This includes biases in evidence evaluation and assumptions about property rights or inheritance division.
- Clarifies the public sector equality duty to consider disadvantages faced by individuals in religiously-only or polygamous marriages lacking legal protection.
Arbitration Act 1996 Amendments:
- Invalidates arbitration agreements containing discriminatory clauses based on sex, including those that unfairly weigh evidence or assume unequal property rights.
Family Law Act 1996 Amendments:
- Allows courts to set aside orders based on agreements where one party's consent wasn't genuine, considering factors like manipulation or lack of information about legal rights.
Criminal Justice and Public Order Act 1994 Amendments:
- Extends the protection against intimidation to victims of domestic abuse assisting in investigations or legal proceedings.
Courts and Legal Services Act 1990 Amendments:
- Creates a new offense for falsely claiming legal jurisdiction, punishable by up to 7 years imprisonment.
Government Spending
The bill doesn't directly specify government spending figures. The impact on government spending will likely be indirect, potentially including costs associated with enforcing the new provisions and supporting victims of domestic abuse.
Groups Affected
- Individuals involved in arbitration and mediation: The bill protects them from sex-based discrimination.
- Victims of domestic abuse: The bill strengthens their protection against intimidation.
- Public sector bodies: They must comply with the expanded public sector equality duty.
- Those involved in legally binding agreements: The bill provides clearer pathways for challenging agreements obtained through manipulation or duress.
- Individuals falsely claiming legal jurisdiction: They face potential criminal prosecution.
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