HC Deb 08 June 2000 vol 351 c374W
Mr. Lidington

To ask the Secretary of State for the Home Department what his policy is concerning the burden of proof in cases of alleged racial discrimination. [125053]

Mr. Mike O'Brien

This Government welcome the agreement of the European Community Directive on racial discrimination, which includes a provision requiring the respondent, once a prima facie case of discrimination has been made by the complainant and accepted by the court or other instance, to demonstrate that there is a reasonable explanation for the practice or criterion concerned. This applies only to civil cases.

This does not represent a major change in terms of United Kingdom legal practice. Under current United Kingdom law, United Kingdom tribunals can and do, if faced with facts which raise a presumption of discrimination, draw inferences that discrimination has occurred.

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