Select Committee on Communities and Local Government Committee Sixth Report


CONCLUSIONS AND RECOMMENDATIONS

1.The Commission for Equality and Human Rights will not be fully operational when it is launched in October 2007. The decision to establish the Commission before a Single Equality Act could be implemented complicated the process from the outset but indecision, instability and delays in Government's management of the transition have also undermined the ability of the Commission to deliver effectively from day one. (Paragraph 15)
  
2.We welcome the establishment of a single Commission to cover all aspects of equality. It is a positive development in the battle against unfair discrimination and inequalities. (Paragraph 21)
  
3.We welcome the commitment made by Trevor Phillips, Chair of the CEHR, that the Commission will monitor its outputs and resource allocations by each equality strand but recognise that there may be difficulties in monitoring for less visible strands such as sexual orientation. (Paragraph 23)
  
4.We welcome the Commission for Equality and Human Rights' role in promoting human rights and its commitment to challenging popular misunderstandings and myths surrounding their application. (Paragraph 26)
  
5.We agree that the Commission for Equality and Human Rights should work closely with private sector employers to promote equality and tackle unfair discrimination. (Paragraph 27)
  
6.We agree that the Commission for Equality and Human Rights should address inequalities and discrimination arising from domestic experiences and circumstances and well as those which relate to the workplace. (Paragraph 28)
  
7.Effective action against specific instances of discrimination can be a powerful deterrent to others. We believe that the Commission for Equality and Human Rights' long-term priority should be to prevent discrimination but we welcome its capacity to intervene in strategic cases to support individuals seeking redress against discrimination. The balance between these two functions should be monitored closely. (Paragraph 30)
  
8.The Government's hesitancy towards permitting combined multiple discrimination claims rests upon the additional complexity this might add to any legislation and the consequent additional burden it would place on employers. These are not insignificant concerns but we urge the Government to recognise the inherent difficulty in amassing evidence of actions that have not been taken. (Paragraph 34)
  
9.A draft bill would enable wider public and greater parliamentary scrutiny but whichever legislative route is chosen, it is imperative that the Government acts swiftly to secure effective legislation for individuals and organisations and to enable the Commission for Equality and Human Rights to discharge its functions efficiently. Any further delay would be regrettable. (Paragraph 40)
  
10.A Single Equality Act to harmonise and simplify equality legislation and to address inconsistencies in the current legislative framework is essential. Beyond the moral imperative for Government to protect its citizens from discrimination there are also economic benefits to be gained from legislation that better supports utilising the talents of all people to the full. Without a Single Equality Act it will be much harder for the Commission for Equality and Human Rights to fulfil its remit. We note with regret that the Government's recently published draft legislative programme for the next parliamentary session does not include an equalities bill. We recommend that the Government give greater priority to its development than it has to date and introduce or publish a bill early in the next parliamentary session. (Paragraph 41)
  
11.We welcome the Government's consultation on the possible inclusion of measures within a Single Equality Bill to prohibit age discrimination in the provision of goods, facilities and services. If such legislation is introduced it is important that appropriate safeguards are included to avoid criminalising positive age-related benefits, such as the provision of discounted bus passes for older people. (Paragraph 44)
  
12.We support the Government's proposal to introduce an integrated public sector duty, promoting equality across the three existing strands. In the longer term we believe that there would be merit in extending this duty to cover all equality strands. (Paragraph 47)
  
13.We agree with the Government that any new duty and subsequent guidance should focus on achieving equality outcomes rather than specifying detailed reporting requirements. (Paragraph 48)
  
14.We support the Government's proposal to issue further guidance to public authorities to encourage the use of procurement as a tool for promoting equality. This procurement guidance should encourage public authorities to make clear to businesses the relevant weighting given to equality criteria. (Paragraph 51)
  
15.We recommend that the Government set out a long-term strategy to tackle persistent inequalities when it responds to the Equalities Review. We welcome the Minister's assurance that an equalities Public Service Agreement would be part of the forthcoming Comprehensive Spending Review settlement. We hope that it will cover all aspects of equality. (Paragraph 56)
  
16.We recommend that the Government's language reflects the broad nature of its responsibility for tackling discrimination on the grounds of belief, including non-religious beliefs. (Paragraph 57)
  
17.Tackling inequality should be integrated into the work of each Government department. (Paragraph 58)
  
18.We recommend that a permanent ministerial group is established and that it meets regularly to direct and drive forward the Government's equalities agenda. The ministerial group should also oversee delivery of the Government's long-term strategy on reducing inequalities and tackling discrimination. (Paragraph 59)
  
19. We are not persuaded by the case for the establishment of an Equalities Select Committee. It would tend towards marginalising rather than mainstreaming equality. (Paragraph 60)




 
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Prepared 2 August 2007