EQUALITY AND HUMAN RIGHTS BODY TO OPERATE FROM OCTOBER 2007
3 Mar 2005 10:45 AM
A radical new body with powers to tackle discrimination and prejudice
and put equality at the heart of modern Britain is set out today in
the Government's Equality Bill.
Individuals suffering discrimination would have easier access to
support and employers improved advice and information in the one-stop
shop offered by the single Commission for Equality and Human Rights
(CEHR) from October 2007.
The CEHR would bring together the work of the Commission for Racial
Equality, the Disability Rights Commission and the Equal
Opportunities Commission and put expertise on equality, diversity and
human rights in one place.
For the first time the CEHR would also have responsibility for the
new equality areas of age, religion and belief and sexual orientation
and would work to promote human rights. It would have a better range
of powers to enforce legislation flexibly and promote equality for
all.
The CEHR would be required to produce a regular 'equality health
check' for Britain and to work with individuals, communities,
businesses and public services to find new, more effective ways to
give everyone in society the chance to achieve their full potential.
The Equality Bill also includes new powers to outlaw discrimination
on grounds of religion or belief and creates a duty on public
authorities to promote equality of opportunity between men and women
and prohibit sex discrimination in the exercise of public functions.
Secretary of State for Trade and Industry and Minister for Women and
Equality Patricia Hewitt said:
"The Equality Bill marks a transformation in the way modern Britain
tackles discrimination and disadvantage.
"The new Commission on Equality and Human Rights will help ensure
that every individual can fulfil their potential and that
discrimination, prejudice and inequality have no place in modern
British society.
"The CEHR will have a greater impact than the existing commissions
because its wider remit will make it a stronger champion for all. The
new Commission will work with individuals, equality organisations,
public bodies and employers to deliver lasting changes in policy and
practice.
"It will have tougher powers to tackle discrimination, new
responsibilities to foster good relations between communities and new
ways of working to provide easier access to information and advice
for individuals."
David Lammy, Minister for Human Rights said:
"The CEHR will be a landmark in the development of a human rights
culture in this country. As well as promoting the importance of human
rights, the new Commission will be well-placed to build links between
work on human rights, equality and strong communities."
The Equality Bill being published today follows wide-ranging
consultation with those involved in promoting equality and tackling
discrimination, including equality and human rights organisations,
business, trade unions and public bodies.
Over 400 organisations and individuals responded to the consultation,
which resulted in some key changes to the Government's original
proposals and growing support for the establishment of the CEHR.
The purpose of the Equality Bill is to:
* establish the Commission for Equality and Human Rights (CEHR) and
to define its purpose and functions;
* make unlawful discrimination on the grounds of religion or belief
in the provision of goods, facilities, services, premises, education
and the exercise of public functions (subject to certain exemptions);
* create a duty on public authorities to promote equality of
opportunity between men and women (the gender duty) and to prohibit
sex discrimination in the exercise of public functions.
The Bill sets out the duties and powers of the CEHR. The Commission
will have general powers to publish or disseminate ideas and
information, to give advice and guidance, to undertake research, to
provide education and training and to publish and disseminate ideas
and information. It will have the power to work in partnership with
and provide grant aid to others in support of its functions.
The CEHR will have a range of powers to promote equality and tackle
discrimination. These include:
* a new duty to consult with stakeholders to ensure all groups have
an opportunity to participate and engage in its work;
* a new duty to monitor progress on equality, human rights and good
relations between communities, through publishing a regular 'state of
the nation' report
* a new duty to promote good relations between and within
communities, across all sections of society
* an explicit role to combat prejudice and work to reduce crime
affecting particular communities, including new powers to monitor
hate crimes
* a regional presence across the country, and in Scotland and Wales.
Notes to Editors
1. The CEHR will be established in October 2007 for all areas except
those for which the Commission for Racial Equality (CRE) is
responsible. These areas will remain with CRE until April 2009, when
the CRE' responsibilities will transfer to the CEHR.
2. On 25 February, the Government announced the launch of an
Equalities Review led by Trevor Phillips, Chair of the Commission for
Racial Equality, to provide an understanding of the long term and
underlying causes of disadvantage. The Review will inform both the
development of the new Commission for Equality and Human Rights and
the parallel work, to be led by DTI, to modernise and simplify
equality legislation towards a single Equality Act. The Review will
report to the Prime Minister in summer 2006. Further information on
the Review can be found at:
http://www.gnn.gov.uk/environment/detail.asp?ReleaseID=148053&NewsAreaID=2&NavigatedFromDepartment=False
3. A summary of the consultation responses to the White Paper,
Fairness for All, can be found on the Women and Equality Unit's
website. http://164.36.38.98/equality/project/minutes_reports.htm
4. A copy of the Government's Response, published in November 2004,
can be found on the DTI.
http://164.36.38.98/equality/project/index.htm
EQUALITY BILL: SUPPORT FROM ORGANISATIONS INVOLVED IN PROMOTING
EQUALITY AND TACKLING DISCRIMINATION
Commission for Racial Equality
Trevor Phillips, Chair
"We welcome the publication of this much improved Bill and recognise
the changes that have been made which will bolster the new Commission
for Equality and Human Rights.
"Our concern that the timing for merging the CRE into a single
equality body was not appropriate has been addressed and we are
pleased to have been given an assurance that we will not be joining
the CEHR until 2009.
"The CRE also welcomes the Government's recent announcement of an
Equalities Review which will look at the causes of persistent
discrimination and inequality, and their commitment to develop a
simpler, fairer legal framework towards a single equality act. Both
strands of work will inform the development of the CEHR.
"We intend to work wholeheartedly with the Equalities Review, our
sister Commissions and new strands as we move towards a unified legal
and institutional framework that can contribute to greater equality
across Britain."
Disability Rights Commission
Bert Massie, Chairman
"The Disability Rights Commission (DRC) especially welcomes the
recognition in the Bill that disabled people should have a clear and
distinctive voice within the CEHR, backed up by a properly resourced
Disability Committee with an effective range of delegated powers.
"The combination of a Disability Committee with executive powers and
a guaranteed place on the CEHR Board for a disabled person enshrines
the principle that disabled people must have a decisive role in
developing and leading future work on disability rights. The
inclusion of these measures in the Bill is very welcome. In areas
such as transport, education and the receipt of services disabled
people's experience and the circumstances giving rise to
discrimination are distinctive. That distinctive experience needs to
be articulated by a distinctive disability voice. The Bill creates
the conditions in which the voice of disabled people can be heard.
"The review of equalities legislation announced last week complements
the Bill by tackling the acute need for legislative harmonisation
identified by the DRC and by many other of the CEHR's potential
stakeholders. There must be rapid progress if the CEHR is to benefit
fully from this important initiative."
Equal Opportunities Commission
Julie Mellor, Chair
"The EOC strongly supports the Equality Bill. We have been arguing
for a single champion of equality and human rights issues for several
years. Not only does it make sense for individuals, employers and
service providers, but from our experience we know that achieving
equality for men and women requires solutions that take account of
more than their gender. For example, we know from our research on
poverty that Pakistani and Bangladeshi women, older women and
disabled women are more likely to be poor and excluded than Pakistani
& Bangladeshi, older or disabled men. Bringing together expertise on
all equality issues will help deliver sex equality for all women and
men.
"We also particularly welcome plans to give public bodies a duty to
promote sex equality. Only by making sure our public services reflect
the real needs of men and women can we make Britain a fairer place."
Age Concern
Gordon Lishman, Director General
"Age Concern has long campaigned for the Commission for Equality and
Human Rights and we strongly welcome this announcement. This body has
the potential to transform older people's lives and beat ageism."
Liberty
Shami Chakrabarti, Director
"There has never been a more important moment for a Commission for
Equality and Human Rights in this country. This Bill is a beacon of
hope for many of us and I hope that the Government will put real
political will behind it."
Muslim Council of Britain
Iqbal Sacranie, Secretary General
"The Muslim Council of Britain welcomes the Equality Bill. This is a
timely and necessary piece of legislation to provide institutional
support for the promotion and protection of equality and human rights
in Britain for all its citizens.
"We are particularly pleased that the legislation will also include
new provisions on religious discrimination in the delivery of goods
and services, and in public functions. This has been long overdue not
just for Muslims, but for all religions and beliefs."
Stonewall
Ben Summerskill, Chief Executive
"Stonewall hugely welcomes the introduction of the Commission for
Equality and Human Rights which will offer statutory protection to
lesbians and gays across Britain. All of Stonewall's work addresses
difference across British society and we are delighted that the new
Commission will do the same."
The 1990 Trust
Karen Chouhan, Director
"The improvements in the CEHR Bill demonstrate that the voices of
Black and minority communities make a difference. We will work to
continue to ensure that the government listens to the voices of Black
communities."
CBI
John Cridland, Deputy Director-General
"In the past, employers have been confused about who to turn to for
advice on equality and diversity. Creating one point of contact for
all diversity issues makes good sense for businesses and individuals.
It promises to simplify the process and save time. Business has
embraced diversity and the CEHR must give firms the guidance they
require from day one."
TUC
Brendan Barber, General Secretary
"Too many in Britain still suffer unfair discrimination at work. They
need simpler laws and effective enforcement. These must be the
watchwords of the new Commission if it is to build on the work of the
equality bodies it will replace and effectively tackle its new duties
on age, sexuality, religion and belief."
Geoffrey Bindman
Visiting Professor of Law, University College
"I welcome the introduction of the Bill to establish a new Commission
for Equality and Human Rights. I am glad that the opportunity has
been taken to streamline the body's investigation procedures,
eliminating some of the obstacles that the existing Commissions have
faced. I hope that further improvements to anti-discrimination law
will result from the Government's recently announced Discrimination
Law Review."