THE NORTHERN IRELAND ACT 1998
22. The Northern Ireland Act 1998, implementing the
Belfast Agreement, accomplished several aims in the equality field:
- the amalgamation of the existing separate equality
commissions;[38]
- imposition of a duty on public sector bodies
to ensure that each paid "due regard" to the need to
ensure equality of opportunity between a wide range of groups
in the operation of their functions;[39]
and
- allocation of responsibility between Westminster
and Belfast regarding equality issues on devolution of legislative
and executive powers generally.[40]
23. The statutory equality duty on the public sector
and the Equality Commission were made reserved matters for which
the Secretary of State would continue to have responsibility,
although the Assembly would be able to legislate on those issues
with the consent of the Secretary of State. The existing substantive
provisions on fair employment, sex equality, race relations and
disability discrimination in Northern Ireland would be transferred
matters, for which the Assembly would have legislative responsibility,
subject to the general restrictions on the power of the Assembly
to legislate:
- any legislation in the equality area may be made
subject to "cross-community support";[41]
- the Assembly may not legislate in any way incompatible
with rights under the European Convention on Human Rights or with
European Union Law;[42]
- the Assembly may not legislate in any way which
discriminates directly on grounds of religious belief or political
opinion.[43]
In addition, the Secretary of State may decide not
to submit any Bill for Royal Assent if the Assembly legislates
in a way incompatible with the United Kingdom's international
obligations.[44]
38 Northern Ireland Act 1998, Sections 73-4. Back
39 Northern
Ireland Act 1998, Section 75. Back
40 Northern
Ireland Act 1998, Schedule 3, para.42. Back
41 Northern
Ireland Act 1998, Section 42(1). Back
42 Northern
Ireland Act 1998, Section 6(2)(c) and (d). Back
43 Northern
Ireland Act 1998, Section 6(2)(e). Back
44 Northern
Ireland Act 1998, Section 14(5). Back
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