HL Deb 15 July 2003 vol 651 cc101-3WA
Lord Lester of Herne Hill

asked Her Majesty's Government:

Whether there is anything in preparatory work on the Race Directive (Council Directive 2000/43/EC) indicating an intention by the European Commission or Council to exclude discrimination based on a person's colour from the scope of the directive. [HL3691]

The Minister of State, Home Office (Baroness Scotland of Asthal)

Her Majesty's Government is not aware of indications in preparatory work on the Race Directive (Council Directive 2000/43/EC) as to the intentions of the European Commission or Council with regards to including or excluding, colour as a grounds of discrimination under the directive.

Lord Lester of Herne Hill

asked Her Majesty's Government:

Further to the Written Answer by the Baroness Scotland of Asthal on 24 June (WA 11), what they consider to have been the reasons for the exclusion of discrimination based on colour from the scope of the Race Directive. [HL3692]

Baroness Scotland of Asthal

Her Majesty's Government are unable to speculate as to what have been the reasons for the exclusion of discrimination based on colour from the scope of the Race Directive.

Lord Lester of Herne Hill

asked Her Majesty's Government:

Whether they consider that the exclusion of discrimination based upon a person's colour from the protection of the Race Relations Act 1976 (Amendment) Regulations 2003 is in accordance with the universal right to equality before the law and protection against discrimination for all persons recognised by the Universal Declaration of Human Rights and the International Convention for the Elimination of All Forms of Racial Discrimination, referred to in Recital (3) of the Race Directive (Council Directive 2000/43/EC); and, if so, what are their reasons for this view. [HL3694]

Baroness Scotland of Asthal

Her Majesty's Government consider that not including discrimination based upon a person's colour from the protection of the Race Relations Act 1976 (Amendment) Regulations 2003 is in accordance with the universal right to equality before the law and protection against discrimination for all persons recognised by the Universal Declaration of Human Rights and the International Convention for the Elimination of All Forms of Racial Discrimination, referred to in Recital (3) of the Race Directive (Council Directive 2000/43/EC) in as much as the directive (which the Government are obliged to implement) is in itself in accordance with that right.

Most of the requirements of the directive were, of course, already fulfilled by the existing provisions of the Race Relations Act 1976 which, although not necessary for the purpose of implementation, include colour.

Lord Lester of Herne Hill

asked Her Majesty's Government:

Whether they consider that it is compatible with the purpose of the Race Directive, as described in Article 1 of the Directive, to exclude discrimination based on colour from "a framework for combating discrimination on the grounds of racial or ethnic origin, with a view to putting into effect in the member states the principal of equal treatment." [HL3695]

Baroness Scotland of Asthal

Her Majesty's Government consider that it is compatible with the purpose of the Race Directive, as described in Article 1 of the directive, to exclude discrimination on the grounds of colour, with a view to putting into effect in the member states "the principle of equal treatment" because it does not regard the reference to "a framework" as a sufficient basis for adding the further ground of colour to the grounds of discrimination referred to in that article.

Lord Lester of Herne Hill

asked Her Majesty's Government:

Further to the Written Answer by the Baroness Scotland of Asthal on 2 July (HL3441), whether they consider that the Race Directive (Council Directive 2000/43/EC) was intended to give effect to the universal right to equality before the law for all persons, including persons discriminated against on the basis of their colour; and if not, why not. [HL3786]

Baroness Scotland of Asthal

Her Majesty's Government cannot speculate on the extent to which the Race Directive (Council Directive 2000/43/EC) was intended to give effect to the universal right to equality before the law for all persons, including persons discriminated against on the basis of their colour, referred to in recital (3) to the directive (although the directive clearly does not, and could not, deal with all the matters covered by that reference).

The legal basis for the directive is Article 13 of the EU Treaty, which does not refer to colour.

Lord Ouseley

asked Her Majesty's Government:

Whether the exclusion of protection against discrimination on the grounds of skin colour in the Race Relations Act 1976 (Amendment) Regulations 2003 is in accordance with the non-regression principles as set out in the European Union Race Directive, in so far as existing race relations legislation provides against protection against colour whereas the regulations do not. [HL3815]

Baroness Scotland of Asthal

We are not of the view that the non-inclusion of protection from discrimination on the grounds of colour in the Race Relations Act 1976 (Amendment) Regulations 2003 conflicts with the non-regression principles set out in the Race Directive. The existing protection from discrimination on the grounds of colour, as provided for by the Race Relations Act 1976, is not affected by the regulations.