§ Lord Ouseleyasked Her Majesty's Government:
Whether the progress being made by public bodies to comply with the requirements of the Race Relations (Amendment) Act 2000 is satisfactory; and what steps they propose to take with regard to those public bodies which did not produce policies and schemes as required by 31 May 2002, and still continue to disregard their statutory duty. [HL3891]
§ Baroness Scotland of AsthalIndependent research commissioned by the Commission for Racial Equality (CRE) has found that between 83 per cent and 99 per cent of relevant authorities and institutions had produced a race equality scheme or policy; 43 per cent of these were found to be fully or mainly developed. The aim now is to move from process—getting the structures and systems in place—to delivery of improvements.
The CRE has the power to take enforcement action against any public authority failing to comply with any specific duties imposed on it. However, the emphasis is 26WA on supporting public bodies to get implementation of the requirements of the Act right. The Home Office is working closely with the CRE to develop ways to offer this support and to monitor progress.
§ Lord Ouseleyasked Her Majesty's Government:
When they expect institutional racism to have been eliminated from the policies and practices of public bodies; and what involvement the victims of discrimination will have in the evaluation processes. [HL3892]
§ Baroness Scotland of AsthalThe Race Relations (Amendment) Act 2000, which came into force in April 2001, placed a general duty on listed public bodies to be proactive in promoting race equality. It is a positive duty, requiring public authorities to seek to avoid unlawful discrimination before it occurs. As policy makers and service providers they need to take steps to ensure that their policies and services are fair, and to put things right when they are unfair or unlawful. As employers, they need to ensure that their procedures and practices are fair so that the public sector can better reflect the society it serves. The duty under the Act is a lever to raise standards of practice and to lead towards elimination of discrimination.
Public bodies were required to have in place by 31 May 2002 realistic and timely plans for complying with their new obligations under the RR(A)A. The aim of the duty is to lead to sustainable and significant change over a period of time—it is not about putting in place "quick fix" solutions or arrangements. The time-scale for delivery of improvement will vary across different bodies. The Commission for Racial Equality (CRE) has issued codes of practice which provide guidance to public bodies. The Home Office is working closely with the CRE to support effective implementation of the duty to promote race equality.
The Act requires public bodies to consult on the likely impact of proposed new policies on race equality and this should involve a wide range of black and minority ethnic communities. Race equality schemes should include arrangements for assessing which of their functions are relevant to the duty, which should be reviewed at least every three years.