§ The Secretary of State for Constitutional Affairs and Lord Chancellor (Lord Falconer of Thoroton)My right honourable friend the Secretary of State for Trade and Industry and Minister for Women and Equality (Ms Patricia Hewitt) made the following Statement in the other place today.
Creating a fair and more inclusive society is fundamental to building a prosperous country. Equality and human rights must be at the heart of modern Britain. Discrimination has no place in our society.
8WSWe need a step change in the fight against discrimination. We need to create a culture of respect based on equal value and the dignity and worth of every individual.
Extending opportunities to all means removing unfair barriers. Delivering prosperity for all means harnessing the skills and potential of every member of society, whatever their background. Equality and human rights matter to everyone—they are not minority concerns.
Last October, we announced the Government's plan for a single equality body to realise this vision of a fairer, more inclusive and prosperous Britain. Today we are setting out how we propose to deliver that vision. Our White Paper on Fairness for All: A New Commission for Equality and Human Rights detailing our proposals has been placed in the Libraries of both Houses.
It is a bold and innovative plan. The new commission will have a dual remit to challenge discrimination and promote equality of opportunity and human rights.
We believe there is an opportunity for it to create a strong, proactive relationship with private sector employers, both large and small, and service providers to maximise progress towards equality.
The Commission for Equality and Human Rights will bring together the work of three existing equality commissions—the Commission for Racial Equality (CRE), the Equal Opportunities Commission (EOC) and the Disability Rights Commission (DRC). It will also support new laws outlawing workplace and vocational training discrimination on grounds of religion or belief, sexual orientation and, in time, age.
We owe the existing commissions a debt of gratitude for their work in changing attitudes and practice on disability, gender and racial equality and their hard work in bringing us to this point. Now we are ready to adopt fresh approaches to meet new challenges.
In making today's announcement, we have taken account of the responses to the Government's consultation document Equality and Diversity: Making It Happen and the sixth report of the Joint Committee on Human Rights.
The White Paper owes much to the discussions of the CEHR task force whose membership reflected the broad range of interests involved in this issue, including the existing commissions. The task force advised government on a number of key issues for the new body through an innovative and open process.
We are grateful to all its members for so willingly sharing their depth of expertise. Their participation and contributions are an important aspect of our wider policy development, and have informed the White Paper significantly.
The White Paper sets out the proposed vision, functions, powers and governance arrangements for the CEHR. It outlines the work the body will be expected to carry out to support key stakeholders; it sets out the Scottish and Welsh dimensions of the new body and maps out the road to implementation.
9WSThe Core Duties of the New Body
The proposed core duties of the CEHR set out in the document will be to:
- Encourage awareness and good practice on equality and diversity.
- Promote equality of opportunity between people in the different groups protected by discrimination law.
- Promote awareness and understanding of human rights.
- Work towards the elimination of unlawful discrimination and harassment.
- Promote good relations among different communities and between these communities and wider society.
Additional responsibilities will include:
- Keeping relevant legislation under review.
- Acting as a centre of expertise on equality and human rights.
Key Issues in the White Paper
The increasing complexities of our diverse society require appropriate tools to challenge discrimination and enforce the law. Our proposals build on the existing commissions' powers and create a selection of tools for the CEHR to enforce discrimination law effectively.
The White Paper sets out detailed proposals on the role of the CEHR in promoting a culture of respect for human rights and improving public service delivery. The human rights framework will also be used to help balance potentially conflicting rights.
The Government propose that the CEHR will have an obligation to consult stakeholders on its strategic plan. The CEHR will clearly set out how, when and with whom it intends to consult.
To ensure experience and expertise is not lost from the existing commissions, the CEHR board will also, for a transitional period, have three additional reserved seats for a commissioner from the CRE, the DRC and the EOC.
The White Paper recognises the distinctive issues that arise for disabled people in the establishment of the CEHR and the need to ensure effective transition from the DRC. The Government propose that the nominated transitional DRC commissioner is appointed to sit on the CEHR board until vesting day. After that date, we will ensure, via a statutory requirement, that at least one person who has, or has had, a disability is appointed to the CEHR board.
The White Paper also proposes a disability committee, with disabled people making up the majority of its members. This committee will have authority to set strategy, develop policy and monitor delivery for specific areas of the CEHR's disability work, and will he subject to a mandatory review after 10WS five years of the continuing case for the committee. This will give disabled people a clear voice in the CEHR's work.
We recognise the unique and important local racial equality work that has historically been supported by the CRE. The White Paper proposes a commitment to maintaining existing levels of support for local race work.
The White Paper also confirms that the Government will start detailed, preparatory work on the nature and shape of a new statutory duty on public bodies to promote gender equality in fulfilment of its longstanding commitment to introduce such a duty. This duty will oblige public bodies to ensure that their actions (as either employers or service providers) will promote equality of opportunity between women and men and make public services more responsive to their different needs. Part of the preparatory work will involve learning from the experiences of the public sector duty introduced for race through the Race Relations (Amendment) Act 2000, and will be informed by the proposed public sector duty for disability. The Government will consult interested stakeholders and parties as this work develops.
Establishing the CEHR will require primary legislation. We intend to bring a Bill before Parliament as soon as parliamentary time allows. The commission will not be fully operational before the end of 2006 at the earliest. A planning phase, beginning shortly, will become progressively more detailed over the next 12 to 18 months. Plans for bringing in the new strands of equality, religion and belief, sexual orientation and age are outlined in the White Paper.
The Government look forward to consulting and debating on all these issues and particularly welcome views responding to the White Paper's questions on regional and local issues and how the body should work with stakeholders. We welcome the 11th report of the Joint Committee on Human Rights on the structures, functions and powers of the new body, and will consider this further alongside responses to the consultation.