§ Mr. MitchellTo ask the Secretary of State for the Home Department what his policy is on EU draft instruments which seek to alter the onus of proof in court cases. [127483]
§ Mr. Mike O'BrienThe Government's policy on European Community draft instruments is developed on the merits of each proposal.
If the question is referring to the recent 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, to demonstrate that there has been no breach of the principle of equal treatment—the Government welcome the agreement of this Directive.
This applies only to civil cases and 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, and where no reasonable explanation is offered, draw an inference that discrimination has occurred.