Equality
by Christopher McCrudden
From Human Rights, Equality and Democratic Renewal In Northern Ireland edited by Colin Harvey
Hart Publishing 2001
Section 75 provides that each "public authority" is required, in carrying out its functions relating to Northern Ireland, to have "due regard" to the need to promote equality of opportunity between certain different individuals and groups. Many Northern Ireland bodies (Northern Ireland departments, local authorities, and quangos) are automatically included. Other bodies operating in Northern Ireland will have to be "designated" by the Secretary of State, including such bodies as the police, educational institutions, and UK government departments. The relevant categories included are persons of different religious belief, political opinion, racial group, age, marital status or sexual orientation; between men and women generally; persons with a disability and persons without; and persons with dependants and persons without. Without prejudice to these obligations, a public authority in Northern Ireland is also, in carrying out its functions, to have "regard" to the desirability of promoting good relations between persons of different religious belief, political opinion or racial group. Schedule 9 makes detailed provisions for the enforcement of these duties.
All public authorities included within the definition of public authority are required to submit an equality scheme to the Equality Commission. Only where a public authority has been notified in writing by the Commission that it does not need to, is it exempted from producing such a scheme. In Parliament, concern was expressed at the apparently open-ended power of exemption granted to the Equality Commission. In response, the government made it clear that it was only in very limited circumstances that the government envisaged such exemptions being granted by the Commission either to a body entirely, or with regard to particular functions of a body.1
An equality scheme shall show how the public authority proposes to fulfil the duties imposed by section 75 in relation to the relevant functions, and specify a timetable for measures proposed in the scheme. The Act sets out in some detail (without being exhaustive) what an equality scheme must contain in order to be in compliance with the legislation. The list includes the authority's arrangements for assessing compliance with the duties under section 75, for consulting on matters to which a duty under that section is likely to be relevant (including details of the persons to be consulted), for assessing and consulting on the likely impact of policies adopted or proposed to be adopted by the authority on the promotion of equality of opportunity, for monitoring any adverse impact of policies adopted by the authority on the promotion of equality of opportunity, for publishing the results of such assessments and such monitoring, for training staff, and for ensuring, and assessing, public access to information and to services provided by the authority. In addition, an equality scheme shall conform to any guidelines as to form or content which are issued by the Equality Commission. These guidelines are subject to the approval of the Secretary of State.
The legislation also details what is required in an authority's publishing of its assessments. It must state the aims of the policy to which the assessment relates, details of any consideration given by the authority to measures which might mitigate any adverse impact of that policy on the promotion of equality of opportunity, and alternative policies which might better achieve the promotion of equality of opportunity. Also, in making any decision with respect to a policy adopted or proposed to be adopted by it, the authority is required to take into account any such assessment and consultation carried out in relation to the policy. The government also made it clear that it expected consultation "to embrace those directly affected by a policy as well as non-governmental organisations and relevant statutory bodies".2
What happens after a scheme is submitted for approval to the Equality Commission
depends on what type of public body is involved. A distinction is made between
Northern Ireland departments and public bodies, and United Kingdom-wide
public bodies. A "public authority" is defined to include any department,
corporation or body listed in Schedule 2 to the Parliamentary Commissioner
Act 1967 and designated for the purposes of this section by order by the
Secretary of the State. The inclusion of these latter bodies, being mainly
United Kingdom-wide government departments has resulted in special arrangements
being devised relating to the procedures with which they must comply regarding
equality schemes. |
