§ Mr. Duncan SmithTo ask the Secretary of State for Employment how the Government intend to respond to the recent decision of the European Court of Justice in the case of Marshallv. Southampton and South West Hampshire health authority (No. 2).
§ Miss WiddecombeWe are urgently seeking powers under section 2(2) of the European Communities Act 1972 to make regulations to amend the law in the light of this judgment. These regulations will, in particular, remove the upper limit on compensation in the Sex Discrimination Act 1975 and give industrial tribunals a power to award interest in sex discrimination and equal pay cases. I expect these regulations to come into force during November. Similar regulations are intended for Northern Ireland.
The Marshall judgment was concerned only with sex discrimination. However, the Government believe that other types of discrimination which are similarly prohibited should carry the same penalties as sex discrimination.
The Government will therefore seek a suitable opportunity to amend the penalties available for racial discrimination under the Race Relations Act 1975, to keep them consistent with those soon to be available under the Sex Discrimination Act.
Similarly, my right hon. and learned Friend the Secretary of State for Northern Ireland will seek an
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§ Mr. Michael ForsythNo formal communications have been received from the local government international bureau on this subject, but I understand that it has been raised at meetings with the Department's European social fund unit.
The United Kingdom has not forfeited money made available from the ESF. Acceptance of additional resources from the ESF arising from exchange rate fluctuations was subject to discussions with the European Commission and others about the complex accounting procedures governing the ESF. However a solution has now been found which will enable us to make use of the additional funds.