§ Mr. LidingtonTo ask the Secretary of State for the Home Department what his policy is concerning the burden of proof in cases of alleged racial discrimination. [125053]
§ Mr. Mike O'BrienThis Government welcome the agreement of the European Community Directive on racial discrimination, which includes a provision requiring the respondent, once a prima facie case of discrimination has been made by the complainant and accepted by the court or other instance, to demonstrate that there is a reasonable explanation for the practice or criterion concerned. This applies only to civil cases.
This does not represent a major change in terms of United Kingdom legal practice. Under current United Kingdom law, United Kingdom tribunals can and do, if faced with facts which raise a presumption of discrimination, draw inferences that discrimination has occurred.