Memorandum from the Fair Employment Commission
for Northern Ireland
1. THE REVIEW
PERIOD
The Fair Employment (Northern Ireland) Act 1989
(the 1989 Act) came into force on 1 January 1990. The Act will
have been in operation for 10 years on 1 January 2000. The Fair
Employment (Northern Ireland) Act 1976 (the 1976 Act) will, at
that time, have been in force for 24 years. These two pieces of
legislation seek to address the longstanding problem of inequality
in employment in Northern Ireland. The 1989 Act heavily amended
the 1976 Act and so to understand the way in which the legislation
operates as a whole it is necessary to read the two Acts together.
During the passage through Parliament of the
1989 legislation, the Government announced that the Central Community
Relations Unit (CCRU) would undertake a comprehensive review of
the legislation five years after its introduction. In November
1994, the Government decided that the Standing Advisory Commission
on Human Rights (SACHR) would be responsible for undertaking the
review. SACHR reported in June 1997; Employment Equality: Building
for the Future. The SACHR report is a comprehensive review after
five years experience of the operation of the 1989 Act and the
1976 Act, as amended. It considered in some detail changes in
employment in the period 1990-96. At the present time (September
1998) only one additional year (1997) of monitoring data is available
and it will be a further two years before 10 years of monitoring
data is available for consideration. In the interim we have provided
an overview of the period since 1990.
2. CHANGES IN
THE NORTHERN
IRELAND WORKFORCE
2.1 Overall Composition
The overall composition of the monitored workforce
in 1997 was 232,938 (58.5 per cent) Protestant, 147,355 (37.0
per cent) Roman Catholic and 18,159 (4.6 per cent) Non-Determined.
The composition of those for whom a community was determined was
61.3 per cent Protestant and 38.7 per cent Roman Catholic. This
was the eighth set of monitoring information available on public
sector concerns and private sector concerns with 26 or more employees.
The Roman Catholic share rose by 3.9 percentage points since 1990.
2.2 Composition by Sex
The composition of male employees for whom a
community was determined was 63.5 per cent Protestant and 36.5
per cent Roman Catholic. For females the composition was 58.7
per cent Protestant and 41.3 per cent Roman Catholic. Looking
at the same sections of the workforce in 1997 as were monitored
in 1990 (26+ employees), the Roman Catholic share of male employees
increased by 4.2 percentage points since 1990. For females the
corresponding increase was 3.1 percentage points.
| TABLE 1
| | | |
| | | |
| |
| Change in the Roman Catholic Percentage of the Northern Ireland Workforce (Public Sector Concerns and Private Sector Concerns with 26 or More Employees) by Sex 1990-97
|
| | |
| | | |
| | |
| 1990 | 1991
| 1992 | 1993 | 1994
| 1995 | 1996 | 1997
| Overall
change |
| Per cent | Per cent
| Per cent | Per cent | Per cent
| Per cent | Per cent | Per cent
| Per cent |
| | |
| | | |
| | |
| Males | 32.0 | 32.3
| 32.8 | 33.6 | 34.2
| 35.0 | 35.3 | 36.2
| +4.2 |
| Females | 38.5 | 39.0
| 39.4 | 40.0 | 40.6
| 40.7 | 41.2 | 41.6
| +3.1 |
| | |
| | | |
| | |
| Total | 34.9 | 35.3
| 35.8 | 36.5 | 37.2
| 37.6 | 38.1 | 38.8
| +3.9 |
| | |
| | | |
| | |
| | |
| | | |
| | |
2.3 Comparison of the Composition of the Workforce with the
Composition of the Population available for work
In 1997 the workforce composition was 61.3 per cent Protestant
and 38.7 per cent Roman Catholic, and accordingly the question
will be asked; "Is this proportionate to those in the population
available for work?" The community composition of the population
is measured every 10 years by the Census of Population. In the
period between censuses it is necessary to estimate the community
composition. It is estimated that in 1996 the Roman Catholic proportion
of those of economically active age was 42.0 per cent; but among
males it was 41.4 per cent and among females it was 42.7 per cent.[1]
Accordingly the results of monitoring still indicate an under-representation
of Roman Catholic males and a small under-representation of Catholic
females. There would be some indications that women who work less
than 16 hours would be disproportionately Protestant.
2.4 Composition by Occupational Classification
The Roman Catholic share has risen in every occupational
group since 1990. For men, the largest increases were in Sales
Occupations, 8.9 percentage points and Clerical and Secretarial
Occupations 6.6 percentage points. In Managers and Administrators
the increase was 5.7 percentage points while in Professional Occupations
it was 6.4 percentage points. Among Craft and Skilled Manual workers,
where there was a substantial under-representation of Catholics,
the increase has only been 2.4 percentage points.
| TABLE 2
| | | |
| | | |
| |
Change in the Roman Catholic percentage of the Northern Ireland workforce (public sector concerns with 26 or
more employees) by SOC 1990-97
|
| | |
| | | |
| | |
| Male workforce
| | Female workforce
| | Total workforce
|
| SOC group | 1990 | 1997
| Change | 1990 | 1997Change
1990
1997
Change
|
| Per cent | Per cent
| Per cent | Per cent | Per cent
| Per cent | Per cent | Per cent
| Per cent |
| | |
| | | |
| | |
SOC 1
Managers and administrators | 28.5
| 34.2 | +5.7 | 36.0
| 40.9 | +4.9 | 30.5
| 36.5 | +6.0 |
SOC 2
Professional occupations | 29.6
| 36.0 | +6.4 | 41.4
| 47.7 | +6.3 | 33.4
| 40.6 | +7.2 |
SOC 3
Associate professional and technical occupations
| 32.8 | 36.7 | +3.9
| 45.3 | 46.1 | +0.8
| 40.1 | 42.3 | +2.2
|
SOC 4
Clerical and secretarial occupations
| 34.9 | 41.5 | +6.6
| 33.9 | 38.6 | +4.7
| 34.2 | 39.3 | +5.1
|
SOC 5
Craft and skilled manual occupations
| 32.2 | 34.6 | +2.4
| 42.7 | 42.1 | -0.6
| 34.3 | 35.8 | +1.5
|
SOC 6
Personal and protective service occupations
| 20.0 | 23.5 | +3.5
| 40.5 | 41.6 | +1.1
| 28.5 | 32.0 | +3.5
|
SOC 7
Sales occupations | 31.1
| 40.0 | +8.9 | 34.7
| 40.5 | +5.8 | 33.3
| 40.3 | +7.0 |
SOC 8
Plant and machine operatives |
36.5 | 41.1 | +4.6
| 42.3 | 45.3 | +3.0
| 38.5 | 42.4 | +3.9
|
SOC 9
Other occupations | 40.5
| 42.2 | +1.7 | 36.8
| 39.6 | +2.8 | 38.8
| 41.0 | +2.2 |
| | |
| | | |
| | |
| Total | 32.0 | 36.2
| +4.2 | 38.5 | 41.6
| +3.1 | 34.9 | 38.8
| +3.9 |
| | |
| | | |
| | |
| | |
| | | |
| | |
THE PUBLIC
SECTOR
2.5 Overall Composition
In 1997, a total of 113 public sector bodies submitted monitoring
returns to the Fair Employment Commission. The composition of
those for whom a community could be determined was 61.8 per cent
Protestant and 38.2 per cent Roman Catholic. Since statutory monitoring
began in 1990, Roman Catholic representation has increased by
2.9 per cent percentage points. Roman Catholic male representation
increased from 30.4 per cent to 33.3 per cent and Roman Catholic
female representation from 40.4 per cent to 42.7 per cent.
| TABLE 3
| | | |
| | | |
| |
| Change in the Roman Catholic percentage of monitored Public Sector Employees by sex 1990-1997
|
| | |
| | | |
| | |
| 1990 | 1991
| 1992 | 1993 | 1994
| 1995 | 1996 | 1997
| Overall
Change |
| Per cent | Per cent
| Per cent | Per cent | Per cent
| Per cent | Per cent | Per cent
| Per cent |
| | |
| | | |
| | |
| Males | 30.4 | 30.6
| 30.8 | 31.9 | 32.1
| 32.3 | 32.8 | 33.3
| +2.9 |
| Females | 40.4 | 40.9
| 41.1 | 41.7 | 42.1
| 42.1 | 42.3 | 42.7
| +2.3 |
| | |
| | | |
| | |
| Total | 35.3 | 35.6
| 35.8 | 36.8 | 37.2
| 37.3 | 37.8 | 38.2
| +2.9 |
| | |
| | | |
| | |
| | |
| | | |
| | |
2.6 The Security Related Occupations
Included in the Monitoring Returns are the following security
related occupations; the Royal Ulster Constabulary, the Royal
Irish Regiment, the Territorial Army, the Royal Naval Reserve,
the Northern Ireland Prison Service and staff working in the Police
Authority for Northern Ireland.
There were 20,913 monitored employees in these security related
occupations, (14.8 per cent) of all monitored public sector employment.
Among those whose community background was determined, 91.6 per
cent were Protestant and 8.4 per cent were Roman Catholic. Between
1990 and 1997 there has been a 1.0 percentage point increase in
the Roman Catholic share overall.
The composition of the whole monitored public sector is influenced
by the large number of Protestants working in security related
occupations. Among males, less than 6 per cent of Roman Catholic
public sector employees were in security related occupations while
over one-third of Protestant males (35.3 per cent) were in such
occupations. Among females, 8.2 per cent of Protestant and only
1.4 per cent of Roman Catholic public sector employees were in
security related occupations.
For males, if those in security related occupations are excluded,
the Roman Catholic share of the public sector increases from 33.3
per cent to 42.1 per cent. For females the corresponding increase
is from 42.7 per cent to 44.5 per cent.
THE PRIVATE
SECTOR
2.7 Overall Composition
Private sector concerns with 26 or more employees submitted
their first monitoring return in 1990, those with 11-25 employees
submitted their first monitoring return in 1992. The composition
of private sector employees in 1997 for whom a community was determined
was 61.0 per cent Protestant and 39.0 per cent Roman Catholic.
Among private sector concerns with 26 or more employees the male
Roman Catholic share increased by 4.7 percentage points since
1990. For females the corresponding increase was 4.0 percentage
points.
2.8 Composition by Company Size
Almost half of all 3,797 private sector concerns had 25 or
less employees. However, these concerns employed only over one
in 10 private sector employees. There were 141 concerns with 251
or more employees and these employed 40 per cent of all private
sector workers.
The Roman Catholic share was lowest 37.8 per cent in the
size band containing the largest concerns. Since 1990, the largest
increase in the Roman Catholic share was 5.7 percentage points
in the largest size band.
TABLE 4
Composition of Monitored Private Sector Employees by
Company Size
| | |
| | | |
| | | |
Number of
| Number of Concerns
| Protestant
| Roman Catholic
| Non-Determined
| Total
|
| Employees | | Per cent
| | Per cent |
| Per cent | | Per cent
| | Per cent |
| | |
| | | |
| | | |
| Š=25 | 1,766 | (46.5)
| 17,679 | (59.5) | 11,117
| (37.4) | 911 | (3.1)
| 29,707 | (11.6) |
| | |
| [61.4] | | |
| | |
|
| 26-50 | 1,047 | (27.6)
| 21,716 | (58.2) | 14,542
| (39.0) | 1,077 | (2.9)
| 37,335 | (14.5) |
| | |
| [59.9] | | [40.1]
| | | |
|
| 51-100 | 507 | (13.4)
| 20,418 | (57.9) | 13,628
| (38.7) | 1,203 | (3.4)
| 35,249 | (13.7) |
| | |
| [60.0] | | [40.0]
| | | |
|
| 101-250 | 336 | (8.8)
| 29,707 | (57.6) | 19,993
| (38.8) | 1,848 | (3.6)
| 51,548 | (20.1) |
| | |
| [59.8] | | [40.2]
| | | |
|
| 251+ | 141 | (3.7)
| 61,707 | (59.8) | 37,482
| (36.4) | 3,925 | (3.8)
| 103,114 | (40.1) |
| | |
| [62.2] | | [37.8]
| | | |
|
| | |
| | | |
| | | |
| Total | 3,797 | (100)
| 151,227 | (58.9) | 96,762
| (37.7) | 8,964 | (3.5)
| 256,953 | (100) |
| | |
| [61.0] | | [39.0]
| | | |
|
| | |
| | | |
| | | |
| | |
| | | |
| | | |
| TABLE 5
| | | |
| | | |
| |
Change in the Roman Catholic Percentage of the Private Sector Workforce (Excluding Northern Ireland Electricity)
by Size 1990-97
|
| | |
| | | |
| | |
| Total number | 1990 | 1991
| 1992 | 19931 |
19941 | 19951
| 19961 | 19971
| Overall
Change |
| of employees | Per cent | Per cent
| Per cent | Per cent | Per cent
| Per cent | Per cent | Per cent
| Per cent |
| | |
| | | |
| | |
| Š=25 | |
| 38.6 | 38.2 | 38.5
| 38.4 | 38.7 | 38.6
| 0.0 |
| 26-50 | 37.5 | 38.6
| 39.8 | 40.7 | 40.4
| 41.0 | 39.9 | 40.1
| +2.6 |
| 51-100 | 36.6 | 36.6
| 37.4 | 38.4 | 40.4
| 40.0 | 40.8 | 40.1
| +3.5 |
| 101-250 | 35.7 | 35.9
| 35.2 | 36.0 | 36.2
| 38.3 | 38.0 | 40.4
| +4.7 |
| 251+ | 32.5 | 33.1
| 33.9 | 34.8 | 35.8
| 36.3 | 37.4 | 38.2
| +5.7 |
| | |
| | | |
| | |
1 Excludes concerns formed by the privatisation of Northern Ireland Electricity.
|
APPLICANTS AND
APPOINTEES
2.9 Public Sector
Public Sector Monitoring Returns for 1997 detailed 122,504
applicants, their composition was 58.0 per cent Protestant and
42.0 Roman Catholic. The first full year for which monitoring
information about applicants was available was 1991. Since 1991,
the Roman Catholic share of male applicants has been between 40
per cent and 43 per cent while for female applicants it has been
between 41 per cent and 44 per cent.
The 1997 Monitoring Returns detailed 14,588 appointees to
the public sector; their composition was 54.9 per cent Protestant
and 45.1 per cent Roman Catholic. Since 1991, the Roman Catholic
share of male public share appointees has varied between 39 per
cent and 44 per cent. For female appointees, the Roman Catholic
share has been between 40 per cent and 46 per cent.
| TABLE 6
| | | |
| | | |
| Roman Catholic percentages of Public Sector applicants 1991-1997
|
| | |
| | | |
|
| 1991 | 1992
| 1993 | 1994 | 1995
| 1996 | 1997 |
| Per cent | Per cent
| Per cent | Per cent | Per cent
| Per cent | Per cent |
| | |
| | | |
|
| Males | 40.2 | 39.7
| 42.7 | 39.6 | 40.1
| 42.9 | 41.0 |
| Females | 40.8 | 41.9
| 43.0 | 43.5 | 42.2
| 44.3 | 43.0 |
| | |
| | | |
|
| Total | 40.5 | 40.8
| 42.8 | 41.5 | 41.2
| 43.7 | 42.0 |
| | |
| | |
| |
| | |
| | | |
|
| TABLE 7
| | | |
| | | |
| Roman Catholic percentages of public sector appointees 1991-97
|
| | |
| | | |
|
| 1991 | 1992
| 1993 | 1994 | 1995
| 1996 | 1997 |
| Per cent | Per cent
| Per cent | Per cent | Per cent
| Per cent | Per cent |
| | |
| | | |
|
| Males | 39.4 | 39.7
| 40.8 | 40.6 | 40.0
| 43.7 | 43.1 |
| Females | 40.9 | 40.4
| 41.9 | 41.4 | 42.3
| 44.4 | 46.3 |
| | |
| | | |
|
| Total | 40.3 | 40.1
| 41.5 | 41.1 | 41.5
| 44.1 | 45.1 |
| | |
| | | |
|
| | |
| | | |
|
2.10 Private sector
There were 141 private sector concerns with 251 or more employees
who supplied details on the composition of applicants and appointees
during the previous year. Between 1991 and 1997, the Roman Catholic
share of male applicants was between 39 per cent and 46 per cent.
For females the Catholic share of applicants in the same period
was between 44 per cent and 50 per cent. In the same period, the
Catholic share of male appointees to private sector concerns was
between 35 per cent and 45 per cent and for females the corresponding
share of appointees was between 44 per cent and 48 per cent.
| TABLE 8
| | | |
| | | |
| Roman Catholic percentages of private sector applicants 1991-97
|
| | |
| | | |
|
| 1991 | 1992
| 1993 | 1994 | 1995
| 1996 | 1997 |
| Per cent | Per cent
| Per cent | Per cent | Per cent
| Per cent | Per cent |
| | |
| | | |
|
| Males | 39.0 | 41.0
| 41.1 | 41.3 | 42.2
| 46.0 | 43.8 |
| Females | 44.1 | 44.9
| 46.2 | 44.8 | 46.1
| 50.1 | 47.2 |
| | |
| | | |
|
| Total | 41.3 | 42.8
| 43.3 | 42.9 | 43.9
| 47.9 | 45.3 |
| | |
| | | |
|
| | |
| | | |
|
| TABLE 9
| | | |
| | | |
| Roman Catholic percentages of private sector appointees 1991-97
|
| | |
| | | |
|
| 1991 | 1992
| 1993 | 1994 | 1995
| 1996 | 1997 |
| Per cent | Per cent
| Per cent | Per cent | Per cent
| Per cent | Per cent |
| | |
| | | |
|
| Males | 34.8 | 37.0
| 41.6 | 42.2 | 44.5
| 45.4 | 43.8 |
| Females | 44.1 | 46.4
| 45.0 | 45.6 | 47.0
| 48.1 | 46.3 |
| | |
| | | |
|
| Total | 40.2 | 42.3
| 43.4 | 44.0 | 45.8
| 46.8 | 45.1 |
| | |
| | | |
|
| | |
| | | |
|
3. ASSESSING CHANGES
IN EMPLOYMENT
AND EMPLOYMENT
FLOWS
3.1 Employment Composition
There have been quite significant changes in the composition
of employment since the introduction of statutory monitoring in
1990. In the same period, the Catholic proportion of the economically
active has also increased and the consequence is that the increases
in the composition of employees is in part accounted for by the
changes in the demographic structure; an increase in the Catholic
share of employment is required to keep up with changing trends
quite apart from the requirement to reduce the under-representation
in employment.
In the public sector, Catholic representation has increased
to 42.7 per cent for women and all of the under-representation
is now accounted for by men. Roman Catholic male employment has
increased since 1990 but, at 33.3 per cent in 1997, still exhibits
a significant under-representation. The under-representation is
very largely accounted for by the very small number of Catholics
in security related occupations. A substantial increase in the
proportion of Catholics in these occupations is required if the
under-representation of Catholic men in the public sector is to
be eliminated.
In the private sector, the greatest degree of the Catholic
under-representation is in larger (251+ employees) firms, although
the greatest improvements in composition also occurred in those
firms in the period 1990-97. In terms of occupations, the Catholic
representation has shown the greatest increase in occupations
which have had rapid growth, particularly Managerial and Professional
Occupations compared to Craft and Skilled Manual Occupations which
have fallen in size and which have also shown the smallest change
in composition.
3.2 Employment Flows
Evidence of trends in employment since 1991 shows that, despite
variations from year to year, the Catholic proportion of applicants
has increased between 1991 and 1997 in both the public and private
sector firms. There have also been increases in the Catholic share
of appointees and, in most years, and for most occupational groups
the Catholic share of appointees has been larger than that of
employees in both the public and private sector.
3.3 Unemployment
The 1971 Census showed that the Catholic male unemployment
rate was 2.6 times that of the Protestant male unemployment rate.
By the 1981 Census this had dropped to 2.4 times and by the 1991
census this had dropped to 2.2 times. Unfortunately, since the
last Census there is no totally reliable mechanism to measure
to what extent the unemployment discrepancy has continued to decline.
It would be the view of the Commission that, in view of the growth
of Catholics in employment, which it believes is greater than
the growth of the economically active Catholic population, the
unemployment discrepancy has continued to decline. However, undoubtedly
there is still a big discrepancy, particularly among the long-term
unemployed where it is estimated that almost two-thirds are Catholic.
It was for this reason the Commission in its submission to the
SACHR review placed so much emphasis on the need to deal with
the long-term unemployed. Both the SACHR report and the Government's
response to it—White Paper: "Partnership for Equality"
took on board this issue.
4. CHANGES IN
EMPLOYMENT PRACTICES
4.1 In addition to assessing changes in employment composition
and flows, in considering how successfully the legislation has
succeeded in its objective to promote equality of opportunity,
it is necessary to review changes in employment practices.
The 1989 Act requires employers to actively practice fair
employment;
by registering with the Commission;
by annually submitting information on the composition of their
workforce; and
by reviewing regularly their recruitment, training and promotion
practices.
Each year, in its annual report, the Commission has reported
a very high level of compliance by employers with their statutory
duties and has commended employers for their diligence in complying
with their requirements.
The Commission receives voluntarily a large number of reports
of employer's reviews of their recruitment, training and promotion
practices. The Commission also requests a large number of employers
to forward their reports as the legislation permits it to do.
The analysis of these reports shows that there have been considerable
improvements in equality-based employment practices in recent
years. Almost all employers now have adopted a written policy
of equal opportunity and a very large proportion also have policies
on sectarian harassment in the workplace and the display of flags
and emblems. Informal recruitment methods such as word of mouth
are much less in use and the majority of posts are filled by public
advertisement. Standard application forms and job descriptions
are common place and in general recruitment and selection is much
more likely to be systematic and objective.
During the year, the Fair Employment Commission carried out
597 presentations and training seminars attended by 8,065 participants.
This was a 12 per cent increase on the previous year and the highest
ever in one year to date. The level of interest in fair employment
shown by those working in the labour market continues to grow.
5. THE USE
OF AFFIRMATIVE
ACTION
5.1 The 1989 Act introduced the use of affirmative action
and goals and timetables where imbalances are evident. The Commission
has recommended the use of affirmative action where, following
an investigation or consideration of an employers review, it has
been evident that affirmative action has been required. At the
present time, the Commission has 64 formal undertakings to implement
affirmative action programmes with large employers which it is
monitoring and reviewing regularly and which if need be could
be enforced under Section 13 of the Act. In total, affirmative
action programmes were in place with 137 private and public sector
concerns at the end of March 1998. The Commission is pleased to
report that, increasingly, private sector concerns are adopting
open and visible outreach affirmative action measures, including
links with schools and community organisations and job clubs and
training organisations and the use of statements in public advertisements
specifically welcoming applications from the under-represented
community.
6. THE ELIMINATION
OF DISCRIMINATION
One of the duties conferred on the Commission by the legislation
is to work for the elimination of that discrimination which the
Act makes unlawful. The 1989 Act replaced the 1976 Act mechanism
for dealing with complaints of unlawful discrimination. Individual
complaints of discrimination were transferred to the jurisdiction
of the Fair Employment Tribunal. The Commission is empowered to
assist complainants and indirect discrimination is specifically
outlawed.
It is very difficult to measure the actual levels of discrimination
occurring in society and in consequence to assess its reduction.
In other jurisdictions, researchers have attempted to test the
prevalence of individual acts of discrimination by submitting
matched pairs of fictitious applicants to employers to establish
whether those from one group are treated more favourably than
those of the other group. In those jurisdictions that has aroused
controversy. In the past, a number of organisations have examined
the possibility of carrying out such research in Northern Ireland
but rejected it as too unlikely to be acceptable.
As with other areas of unlawful activity, statistics are
likely to record only a proportion of unlawful acts. It may be
argued that the effectiveness of anti-discrimination provisions
can be measured by their success in bringing unlawful discrimination
into the open and providing effective redress for complainants.
Since 1990, the Commission has received annually a large number
of general enquiries (approximately 2,000 per annum) and in the
last reporting year has commenced preliminary investigations in
some 700 cases. The pattern of complaint contact increasingly
shows that the majority of cases which are not withdrawn will
be finalised by negotiated settlement. The Commission attaches
considerable importance to the inclusion of remedial terms in
such settlements in addition to providing financial or other redress
for complainants.
Of course, cases decided by the Fair Employment Tribunal
and the Court of Appeal have implications for others than the
complainant and employer involved. Notable in this respect have
been cases dealing with the issue of sectarian harassment. This
area has developed rapidly within the Tribunal and in consequence
within the workplace in Northern Ireland. In particular, as a
consequence of Tribunal decisions, it is now accepted:
— that triumphalist sectarian behaviour can be less
favourable treatment to an employees detriment;
— there is no place in the workplace for the playing
of party tunes;
— comments which by design or otherwise embarrass
or intimidate employees because of their religious beliefs or
political opinions are unlawful.
The consequence of the establishment of such principles by
the Tribunal is a change in workplace behaviour generally and
the level of tolerance of such behaviour by employers. Other issues,
determined by the Tribunal, such as systematic recruitment, have
also encouraged widespread improvements in employment practices.
7. THE NEED
FOR REFORM
As you are aware, following the review by SACHR after five
years of implementing the Act, the Government published a White
Paper: Partnership for Equality in March 1998 setting out the
Government's proposals for future legislation and policies on
employment equality in Northern Ireland.
The Commission gave a broad welcome to the proposals in the
White Paper which, together with the commitments on equality in
the Belfast Agreement, represent a comprehensive package of action
to further equality in Northern Ireland. A number of the proposals,
notably the duty on the public sector to promote equality of opportunity
and the establishment of an Equality Commission are already provided
for in the Northern Ireland Bill which was brought to the House
of Lords from the Commons on 31 July 1998. It would accordingly
be inappropriate at this time to spell out separately the need
for reform and I am instead copying to you the Commission's response
to the White Paper.1[2]
It is to be hoped that the 1989 Act will have been amended as
a consequence of the present Government proposals by the time
of its tenth anniversary.
15 September 1998
1
Mid Census 1996 Population Estimates by Community Affiliation.
Paul Compton-Fair Employment Commission. Unpublished. Back
2
Not printed. Back
| 
