HC Deb 19 December 2003 vol 416 cc113-4W
Mr. Bellingham

To ask the Secretary of State for Trade and Industry whether different standards on promoting equal opportunities will apply to(a) companies working on government-funded contracts and (b) those engaging in purely private business. [140532]

Fiona Mactaggart

I have been asked to reply.

Private sector companies, including those carrying out public sector contracts, are subject to the provisions of the Sex Discrimination Act 1975, the Race Relations Act 1976 and the Disability Discrimination Act 1995. These prohibit discrimination, respectively, on the grounds of sex, on racial grounds and on the grounds of disability, in the fields of employment, training, education, the provision of goods and services and the provision of housing. From 2 December 2003, it has also been unlawful to discriminate on the grounds of sexual orientation and religion or belief in the fields of employment and vocational training.

The Race Relations Act 1976, as amended by the (Amendment) Act 2000 (RR(A)A) placed a general duty on listed bodies to have due regard to the need:

  1. (a) to eliminate unlawful racial discrimination; and
  2. (b) to promote equality of opportunity and good relations between persons of different racial groups.

The duty applies to public bodies only listed in the Schedule introduced by the RR(A)A. The duty does not apply to private sector bodies.

However, the Government does not want to see a dilution of the general duty in relation to functions which have been contracted out, and bodies to which the duty applies will need to be mindful of their obligations when discharging their functions through others. In placing contracts, for example, such bodies might want to consider whether the contract should be used to specify actions that the contractor should take to ensure that the body in question does not fail to meet its obligations in this area. This does not, however, mean the duty is transferred to the contractor. The responsibility for complying with the duty in relation to public functions relevant to it remains at all times with the listed body.