HC Deb 13 July 1988 vol 137 cc243-4W
Mr. Alton

To ask the Secretary of State for Northern Ireland what is the practising definition of affirmative action which his Department will use in relation to fair employment; and if he will make a statement.

Mr. Viggers

The White Paper on Fair Employment (paragraph 3.20) defines affirmative action asspecial measures taken to promote a more representative distribution of employment in the workforce and designed to give all sections of the community full and equal access to employment opportunities". Affirmative action programmes thus provide the frame-work within which appointment on merit can properly operate, by removing any unnecessary obstacles which are preventing a wider range of applicants from coming forward, and by broadening the field from which employees are drawn.

Mr. Alton

To ask the Secretary of State for Northern Ireland what provisions of additional staff have been made for the Fair Employment Commission to carry out its increased work load and responsibility.

Mr. Viggers

The staffing of the Fair Employment Agency has already been doubled over the past three years. This provision will be kept under review to ensure that the resources provided for the new Fair Employment Commission are fully commensurate with its functions and responsibilities.

Mr. Alton

To ask the Secretary of State for Northern Ireland what is the estimated cost to an average employer of implementing the Government's required monitoring system.

Mr. Viggers

It is difficult to define an average employer. All public sector and most private sector employers will be required to monitor. The cost in any particular case will depend on the size of the work force and the nature of the employer's personnel information system.

Mr. Alton

To ask the Secretary of State for Northern Ireland which meetings of the Fair Employment Tribunal will be open to the public and press; and what criteria will be used to decide whether to hold the proceedings in camera.

Mr. Viggers

Para 2.23 of the White Paper indicated that the procedures and general approach of the Fair Employment Tribunal will be similar to those which apply in sex discrimination cases before the industrial tribunals. Like the industrial tribunals, the Fair Employment Tribunal will have a discretion to hear cases in private if the tribunal considers this appropriate in the circumstances of the case.

Mr. Alton

To ask the Secretary of State for Northern Ireland what provisions will be made for the individual claimant unable to afford the cost of prosecuting a case to the new Fair Employment Tribunal; and if he will make a statement.

Mr. Viggers

The White Paper indicated (paragraphs 2.13–2.14 and 2.23) that the Fair Employment Commission will have a discretion to assist individual complainants before the new tribunal where a question of principle arises; where it would be unreasonable to expect the individual to pursue the case; and where any other special considerations apply. Whether a case is taken directly or assisted by the commission, the commission will also be able to give general advice to any individual about the anti-discrimination law and about how a case can be pursued.

Mr. Alton

To ask the Secretary of State for Northern Ireland what evaluation process will be used to determine the success of the Fair Employment Commission after it has been established; and if he will make a statement.

Mr. Viggers

The White Paper indicated that the effectiveness of the new legislation will be continuously evaluated and formally reviewed after five years. That process will include an evaluation of the commission's experiences in conducting pattern and practice cases, as well as other information on improvements in employment and recruitment practices. The impact of the new legislation and the commission established under it will best be measured by assessing the changes that take place in the future experiences of under-represented groups in gaining access to employment.

Mr. Alton

To ask the Secretary of State for Northern Ireland on what time scale he will be expecting compliance from employers on matters of registration and monitoring in relation to fair employment policies.

Mr. Viggers

The Government's intention is that there should be prompt compliance with the new legislation, and there will be statutory time limits both for registration and for the submission of monitoring returns. The detailed provision will be addressed when the Bill is before the House.

Mr. Alton

To ask the Secretary of State for Northern Ireland what steps he will take to ensure the protection of other religious minorities besides Catholics; and if he will make a statement.

Mr. Viggers

The present legislation already affords protection against discrimination to persons of all religious beliefs. The intention is that the substantially strengthened provisions of the proposed new legislation should continue to afford protection to persons of all religious beliefs.