New equality law: Single Equality Act

Section six of the Personnel Today Management Resources one stop guide to new equality laws. Other sections.


Use this section to

Learn why the government wants to create the CEHR

Understand the CEHR's core functions

Examine key changes being planned for the future

Single Equality Commission and Equality Act

"We are fully committed to the creation of a single equality and human rights commission, which we believe will help create a more equal and cohesive society" - Patricia Hewitt, Secretary for Trade and Industry

The vision

A modern, fairer and more prosperous Britain underpinned by human rights and equality - according to the Department of Trade and Industry, that is the Government's vision of Britain of the future.

Key to that vision is the creation of a proposed single equalities body, the Commission for Equality and Human Rights (CEHR), and of a Single Equality Act.

Background

January 2003:

Liberal Democrat Lord Lester of Herne Hill proposes a single equality bill in the House of Lords as a Private Members' Bill.

October 2003:

The Government announces plans to create a single body to challenge discrimination and promote human rights.

May 2004:

The DTI published the White Paper Fairness for All: A New Commission for Equality and Human Rights, which proposed that the to-be-formed CEHR would take responsibility for new laws on age, religion and belief, and sexual orientation, and replace the existing equality commissions: the Commission for Racial Equality (CRE), the Equal Opportunities Commission (EOC) and the Disability Rights Commission (DRC).

Also to be included in CEHR's remit is support for human rights. At the earliest, the CEHR is intended to take on its full statutory responsibilities from late 2006. However, it will exist in 'shadow form' before then.

July 2004:

Deputy minister for women and equality Jacqui Smith announces that one of the CEHR's tasks, once the organisation has been established, will be to create a new Single Equality Act. No date has been set for initiation or completion of carrying out that responsibility.

In a speech, Smith tells the Equality and Diversity Forum: "The Government believes that the CEHR is the right body to take forward these discussions, and one of the first tasks of the CEHR will be to review the legislative framework to ensure it meets the needs of a modern Britain, with the aim of bringing forward a Single Equality Act."

October 2004:

Speaking to the Royal Association for Disability and Rehabilitation (RADAR), Smith warns that a review by the proposed CEHR of existing discrimination legislative framework will be a 'complex endeavour'.

"It will require deeper and shared understanding of the commonalities and differences between different types of discrimination. The CEHR," Smith notes, "provides exactly the sort of forum to play a leading role in this review. The work, the thinking and frankly the arguments that we have about establishing the CEHR can be the gateway to the benefits of a Single Equality Act."

The proposal

The Government says that creating the CEHR will allow a more 'joined-up approach' to equality and human rights issues through better co-ordination, less duplication and less conflict in serving communities and individuals by:

1. Offering a single body and voice on equality and human rights issues

2. Providing a single, more consistent source of information and advice for business

3. Tackling discrimination on multiple levels, for example age and sex

4. Helping to improve public sector services and how they are delivered

5. Saving time and money by bringing responsibility for all six equality areas - age, disability, gender, race, religion or belief and sexual orientation - and human rights under one body

6. Promoting cross-fertilisation of ideas and best practice

7. Having a regional presence.

As proposed, the CEHR's core functions will be:

1. To encourage awareness and good practice on equality and diversity

2. Promote awareness and understanding of human rights

3. Promote equal opportunity between people in the different groups protected by discrimination law, which will include providing information and guidance to individuals, businesses, educators and the public sector

4. Work to eliminate unlawful discrimination and harassment, to include taking strategic enforcement action when necessary

5. Promote good relations among different communities, and between these communities and society

6. Keep discrimination and human rights legislation under review and advise the relevant Secretary of State where the CEHR considers changes necessary

7. Act as a centre of expertise on equality and human rights

8. Take the CRE's role of promoting and enforcing the duty on public sector bodies to promote equal opportunity for members of different races - as well as for disabled people - under provisions in the impending Disability Bill. Further, steps will be taken to put into effect a public sector duty to promote equal opportunity between men and women.

The CEHR will be able to:

1. Carry out general inquiries

2. Publish statutory codes of practice

3. Seek court permission to intervene in court cases

4. Enforce discrimination legislation through supporting individuals who are bringing discrimination cases

5. Arrange conciliation services in disputes related to discrimination in the provision of goods, facilities and services - hopefully preventing court and tribunal cases

6. Carry out named investigations

7. Require individuals, companies and organisations to develop an action plan when an investigation reveals discrimination

8. Seek court injunctions in cases where it is believed necessary to prevent more discrimination.

The response

Support for the concept of a joined-up equality body has been strong, especially from business leaders. However, voices of dissent and concern have also surfaced, notably from the CRE and the Disability Rights Commission. Those and other groups want to see the single equality legislation enacted first. Other critics suggest that the proposed annual budget of £50m falls short of what will be actually needed. Another fear is that some equality 'strands' will get more attention than others.

The future

Consultation on the White Paper Fairness for All: A New Commission for Equality and Human Rights ended in August 2004. In November 2004, the DTI set out a list of new approaches in response to the consultation, to which more than 400 organisations and individuals responded. "We have taken people's views very seriously," said deputy minister for women and equality Jacqui Smith. The DTI characterised the top changes as giving the CEHR "tougher enforcement powers".

According to the DTI, key changes will mean:

  • The CEHR will regularly publish a 'state of the nation' report to track progress towards equality and human rights goals
  • There will be no statutory criteria for which equality cases it may support. The CEHR will have the freedom to set its own priorities in this respect
  • There will be an explicit role to combat prejudice and work to reduce crime affecting particular communities, such as hate crime
  • The CEHR will be able to bring proceedings in its own name against persons committing acts of unlawful advertising, instructions and pressure to discriminate
  • The CEHR will be able to conduct inquiries including into named bodies or sector relating to any area of its responsibilities
  • The CEHR will not need the authority of the Secretary of State to require evidence in inquiries
  • The CEHR's legal duties on good relations will give priority to work with minority ethnic and faith communities
  • The CEHR will have a new power to assess a public body's performance of its public duty to secure improvement in promoting equality as an alternative to the courts.


    One stop guide to new equality law: other sections

    Section 1: Introduction
    Section 2: Disability
    Section 3: Religion or belief
    Section 4: Sexual orientation
    Section 5: Age
    Section 6: Single Equality Act
    Section 7: Resources and contacts