THE ORIGINS OF THE 1989 ACT
8. In 1986 and 1987, respectively, the Department
of Economic Development[9]
and the Standing Advisory Commission on Human Rights (SACHR)[10]
(a statutory committee which advised the Secretary of State until
its replacement in the Northern Ireland Act 1998 by the Northern
Ireland Human Rights Commission) proposed new legislation. In
particular, the latter provided a detailed set of proposals for
legislation and other Government initiatives, emphasising the
need to change the focus of action from the simple eradication
of prejudiced discrimination to reducing unjustified structural
inequality between Catholics and Protestants in the labour market,
whether caused by discrimination or not. In 1988, the Government
published proposals for new legislation, which differed significantly
from the SACHR proposals. These were enacted, after significant
amendment, and came into effect on 1st January 1990.
9. The new legislation (the Fair Employment (Northern
Ireland) Act 1989) replaced the Fair Employment Agency with a
new Fair Employment Commission (FEC) and significantly amended
the 1976 Act, adding new rights and obligations. The basic outline
of the legislative scheme in operation from 1990 was:
- to create a mechanism for resolving individual
complaints of unlawful discrimination; and
- to establish a regulatory scheme which would
oblige employers to take action to ensure a fairer distribution
of employment opportunities between Protestants and Roman Catholics.
9 Department of Economic Development, Equality of Opportunity
in Northern Ireland: Future Strategy Options, HMSO, 1987. Back
10 Standing
Advisory Commission on Human Rights, Religious and Political Discrimination
and Equality of Opportunity in Northern Ireland: Report on Fair
Employment, Cm 237, HMSO, 1987. Back
|
