HC Deb 16 December 1977 vol 941 cc440-3W
Mr. Brittan

asked the Secretary of State for Employment which provisions of the Sex Discrimination Act 1975 meet the requirement of Article 2 of EEC Directive 76/207 that there shall be no discrimination whatsoever on grounds of sex either directly or indirectly by reference in particular to family status.

Mr. John Grant

Section 1(1)(a).

Mr. Brittan

asked the Secretary of State for Employment which provisions of the Sex Discrimination Act 1975 meet the requirement of paragraph 2 of Article 3 of EEC Directive 76/207 to take any measures necessary to ensure that any laws, regulations and administrative provisions contrary to the principle of equal treatment shall be abolished.

Mr. John Grant

Paragraphs 2(a) and (b) of Article 3 of the directive were met when the provisions of the Sex Discrimination Act 1975, in particular Part II, came into force on 29th December 1975. The Equal Opportunities Commission, in consultation with the Health and Safety Commission, as provided by Section 55 of the Act, is conducting a review of discriminatory provisions in health and safety legislation. This meets the arrangements for compliance with Article 3(2)(c) set out in Article 9 of the directive.

Mr. Brittan

asked the Secretary of State for Employment which provisions of the Sex Discrimination Act 1975 meet the requirement of Article 4 of EEC Directive 76/207 to take all necessary measures to ensure that any laws, regulations and administrative provisions contrary to the principle of equal treatment shall be abolished.

Mr. John Grant

Section 14 and Section 29 of the Sex Discrimination Act.

Mr. Brittan

asked the Secretary of State for Employment which provisions of the Sex Discrimination Act 1975 meet the requirement of paragraph 2 of Article 5 of EEC Directive 76/207 to take the measures necessary to ensure that any laws, regulations and administrative provisions contrary to the principle of equal treatment shall be abolished.

Mr. John Grant

Paragraphs 2(a) and (b) of Article 5 were met when the provisions of the Sex Discrimination Act 1975, in particular Part II, came into force on 29th December 1975. The Equal Opportunities Commission, in consultation with the Health and Safety Commission, as provided in Section 55 of the Act, is conducting a review of discriminatory provisions in health and safety legislation. This meets the arrangements for compliance with Article 5(2)(c) set out in Article 9 of the directive.

Mr. Brittan

asked the Secretary of State for Employment which provisions of the Sex Discrimination Act 1975 meet the requirement of Article 6 of EEC Directive 76/207 to introduce into the national legal system such measures as are necessary to enable all persons who consider themselves wronged by failure to apply to them the principle of equal treatment within the meaning of Articles 3, 4 and 5 of the directive to pursue their claims by judicial process.

Mr. John Grant

Part VII of the Act.

Mr. Brittan

asked the Secretary of State for Employment which provisions of the Sex Discrimination Act 1975 meet the requirement of Article 8 of EEC Directive 76/207 to take care that all provisions adopted pursuant to the directive, together with the provisions already in force, are brought to the attention of employees by all appropriate means, for example. at their place of employment.

Mr. John Grant

The provisions of the Sex Discrimination Act 1975 are described in the Home Office guide to the Sex Discrimination Act and in leaflets, including one addressed to employees. issued by the Equal Opportunities Commission. This guidance is available at any local employment office or Jobcentre of the Employment Service Agency or unemployment benefit office of the Department of Employment, from citizens advice bureaux and from the Equal Opportunities Commission.

Mr. Brittan

asked the Secretary of State for Employment whether and if so for what reasons he considers that the exception for acts done under statutory authority contained in section 51 of the Sex Discrimination Act 1975 is in c;nformity with the requirements of EEC Directive 76/207.

Mr. John Grant

In the employment field, legislation within the scope of the exception in Section 51 of the Sex Discrimination Act is about matters under which special arrangements for compliance are set out in Article 9 of the directive.

Mr. Brittan

asked the Secretary of State for Employment whether and if so for what reasons he considers that the exception for acts safeguarding national security contained in Section 52 of the Sex Discrimination Act 1975 is in conformity with the requirements of EEC Directive 76/207.

Mr. John Grant

Article 2.2 of the directive excepts from the principle of equal treatment occupational activities for which by reason of the context in which they are carried out the sex of the worker constitutes a determining factor.

Mr. Brittan

asked the Secretary of State for Employment whether industrial tribunals have jurisdiction to determine claims by persons who consider themselves wronged by failure to apply to them the principle of equal treatment within the meaning of Articles 3, 4 and 5 of EEC Directive 76/207.

Mr. John Grant

By virtue of Part VII of the Sex Discrimination Act, claims on matters covered by Articles 3, 4 and 5 of the directive may be made to industrial tribunals if within scope of Part II of the Act and other claims under the Act may be made to the courts.