Equal Opportunities

Equality Act 2006

The historic Equality Act received Royal Assent on 16 February 2006. The Act includes many changes but as with all modern legislation, is an enabling Act and its various measures will not be introduced immediately as the Secretary of State will have to make Regulations to activate the measures in the bill.

New Equality and Human Rights Commission (EHRC)

The Equal Opportunities Commission (EOC), the Commission for Racial Equality (CRE) and the Disability Rights Commission (DRC) will in future all be abolished and their powers transferred to the new Commission. The other discrimination areas such as Age, Sexual Orientation and Religion will all be the responsibility of the EHRC. The new Commission will started in October 2007 but the CRE will not be incorporated until 2009.

In Northern Ireland the current Equality Commission for Northern Ireland will continue in existence.

Sex Discrimination

In parallel with the law on race and disability the Equality Act introduces a public duty on public authorities prohibiting sex discrimination in the exercise of public functions and a public sector duty to have due regard to the need to eliminate unlawful discrimination and promote equality of opportunity between men and women.

Human Rights

With some reservation for Scotland in relation to matters devolved to the Scottish Parliament the new Commission is charged with:

• promoting the understanding and importance of human rights,
• encouraging good practice in human rights,
• promoting the protection of human rights.

The Commission will be required to encourage public authorities to comply with the Human Rights Act. Though this applies only to public authorities the Commission will be able to encourage others to adopt human rights standards.

Disability

The EHRC will have a duty to promote an understanding of the importance of fair treatment of disabled people. In particular the EHRC will be empowered to address situations out of the scope of the Disability Discrimination Act.

Communities

The EHRC will have a duty to promote good relations in communities for instance by challenging media prejudice or encouraging members of a particular community to become involved in civic affairs.

Codes of Practice

The powers to issue Codes of Practice exercised currently by the CRE, DRC and EOC will be vested in the new Commission. In addition Codes of Practice for Sexual Orientation and Religion will be the responsibility of the new Commission.

Religion

The Equality Act outlaws discrimination in the provision of goods and services on grounds of religion or belief. The definition includes protection on the grounds of a lack of religion or belief. This will also have the effect of altering the definition of religion in the previous legislation outlawing religious discrimination in employment. Northern Ireland already has extensive legislation of course. Wide exemptions will apply in respect of religious organisations.

Sexual Orientation

The Act also outlaws discrimination in goods and services on the grounds of sexual orientation.

This part of the Act will also amend the current law in Northern Ireland. Further regulation is awaited on this one so we are not clear on any exemptions.

Northern Ireland

The Act in the main does not extend to Northern Ireland as equal opportunities are "transferred matters" under the Northern Ireland Act 1998 but where the law in Northern Ireland requires changing, for instance Sexual Orientation, the Act does provide for these changes.

It is not clear what happens in respect of the Human Rights aspect of the legislation or about the relationship between the Human Rights Commission in Northern Ireland and the Equality Commission for Northern Ireland.