§ Further Information on the Legislation Proposed for Dealing with Discrimination and on the Role of the Agency
§ The following are the main features of the Working Party's proposals for legislation and for the role of the Agency.
§ Legislation
- 1. It would be made unlawful to discriminate or to aid, incite or induce anyone to discriminate or to engage in intimidatory practices which frustrate the object of equality of employment opportunity.
- 2. The purpose and standing of the Guide to Manpower Policy and Practice, which are outlined in Appendix II, would be made clear.
- 3. Provision would be made for the establish ment of an Agency with the functions set out beneath.
- 4. The role of the Courts would be defined. In particular, judicial review of the Agency's actions would be available at the instance of any aggrieved party and the Agency would have access to the Courts for enforcement of any settlements and Orders it might make.
§ Role of the Agency
- 1. The Agency would be empowered to investigate complaints by individuals that they had suffered discrimination and to investigate complaints that employment practices in particular companies or organisations were deny ing equality of employment opportunity. It would also be able to initiate investigations of its own volition (e.g in respect of particular companies or occupations or industries) where it was satisfied that these would promote the aims of the legislation.
- 2. Where evidence of a discriminatory act or practice is found, the Agency would first of all attempt to promote a voluntary settlement by means of conciliation and persuasion. If that should prove impossible, it could institute administrative enforcement proceedings, which could include a hearing and (depending on its outcome) result in an Order which would be judicially enforceable
- 3. The Agency could include in its settlements and Orders such remedies (including compensation) as it deemed reasonable for remedying any wrong suffered by a complainant and for securing affirmative action, on the part of
182 a respondent, to provide equal employment opportunity. It could also conduct such follow-up reviews as were necessary to determine compliance with settlements and Orders and it could seek enforcement from the Courts in the event of non-compliance with a settlement or Order. - 4. The Agency would be empowered to compel the production of records and the appearance of witnesses. It would also be empowered to collect statistics on a regular basis and to provide data-collection facilities for employers who wished to have statistical data about religious affiliation.
- 5. The Agency would have an important diagnostic, advisory, educational and research role and employers and trade unions would be encouraged to take the initiative and seek advice from the Agency to help them to overcome problems.
- 6. The Agency would also be responsible for maintaining a voluntary register, which would be open to inspection by the public, of companies and trade unions which subscribe to the Decaration of Principle in Appendix I, and these would be encouraged to publicise their inclusion in the register.
- 7. Further, it is recommended that the Agency should assume responsibility (at present discharged by the Parliamentary Commissioner for Administration) for monitoring anti-discrimination arrangements in respect of Government contracts and that these arrangements should be extended to cover all contracts entered into by public bodies (including local authorities).
- 8. The Agency would be obliged to publish an annual report.