HL Deb 24 June 2003 vol 650 cc9-12WA
Lord Lester of Herne Hill

asked Her Majesty's Government:

Whether they consider the exclusion of "colour" from the grounds of unlawful racial discrimination in the Race Relations Act 1976 (Amendment) Regulations 2003 to be compatible with Article 14 of the European Convention on Human Rights and with the Human Rights Act 1998; and, if so what are their reasons. [HL3346]

Baroness Scotland of Asthal

We consider that the exclusion of "colour" from the grounds of unlawful discrimination in the Race Relations Act 1976 (Amendment) Regulations 2003 is compatible with Article 14 of the European Convention on Human Rights Act 1998 to the extent that the exclusion from the directive itself is so compatible.

Lord Lester of Herne Hill

asked Her Majesty's Government:

Whether they consider the exclusion of "colour" from the grounds of unlawful racial discrimination in the Race Relations Act 1976 (Amendment) Regulations 2003 to be compatible with Article 2(2) and Article 26 of the United Nations International Covenant on Civil and Political Rights; and, if so, what are their reasons. [HL3347]

Baroness Scotland of Asthal

We consider that the exclusion of "colour" from the grounds of unlawful racial discrimination in the Race Relations Act 1976 (Amendment) Regulations 2003 is compatible with Articles 2(2) and 26 of the United Nations International Covenant on Civil and Political Rights (which treat colour as a separate element) in so far as the subject matter of the two instruments overlaps and to the extent that the exclusion from the directive itself is so compatible.

Lord Lester of Herne Hill

asked Her Majesty's Government:

Whether they consider the exclusion of "colour" from the grounds of unlawful racial discrimination in the Race Relations Act 1976 (Amendment) Regulations 2003 to be compatible with the United Nations International Convention on the Elimination of All Forms of Racial Discrimination (including discrimination based on "colour"); and, if so, what are their reasons. [HL3348]

Baroness Scotland of Asthal

We consider that the exclusion of "colour" from the grounds of unlawful discrimination in the Race Relations Act 1976 (Amendment) Regulations is compatible with the United Nations International Convention on the elimination of All Forms of Racial Discrimination in that the references to race and ethnicity appear to be common to the concepts of racial discrimination contained in both the EC Article 13 Race Directive and in the convention, while colour is not common to them.

Lord Lester of Herne Hill

asked Her Majesty's Government:

Whether they consider the references to "discrimination based on racial or ethnic origin" and to "discrimination on the grounds of racial or ethnic origin" in the Race Directive (Council Directorate 2000/43/EC) to include any distinction, restriction or preference based on race, colour, descent, or national or ethnic origin; and, if not, what are their reasons. [HL 3349]

Baroness Scotland of Asthal

We do not consider that the references to "discrimination based on racial or ethnic origin" and to "discrimination on the grounds of racial or ethnic origin" include colour. Otherwise, we consider that those references include the same matters as the corresponding words in the Race Relations Act 1976, which implements the UK's international obligations in respect of racial discrimination, and are thus to be regarded as including the matters (other than colour) referred to in the second part of the question.

Lord Lester of Herne Hill

asked Her Majesty's Government:

Whether they consider the powers conferred by the European Communities Act 1972 would authorise them to implement the Race Directive (Council Directive 2000/43/EC) to combat discrimination on the grounds of colour by delegated legislation; and, if not, why not. [HL3350]

Baroness Scotland of Asthal

We consider that the power conferred by the European Communities Act 1972 would confer authority to combat discrimination on grounds of colour, in the course of implementing the Race Directive (Council Directive 2000/43/EC), if this power had not already been used to make good any shortfall in Community competence in certain areas of the 1976 Act corresponding to those mentioned in the directive (in order to deal with the limitation in Article 3.1 of the directive).

Lord Lester of Herne Hill

asked Her Majesty's Government:

Whether they consider that the concept of racial discrimination in the Race Directive (Council Directive 2000/43/EC) is intended to be narrower than the concept of racial discrimination in the International Convention on the Elimination of All Forms of Racial Discrimination (referred to in Recital (3) of the directive); and, if so, what is the basis for this view. [HL3351]

Baroness Scotland of Asthal

The concept of racial discrimination in the Race Directive (Council Directive 2000/43/EC) appears to be expressed more narrowly than the concept of racial discrimination in the International Convention on the Elimination of All Forms of Racial Discrimination (referred to in Recital (3) of the directive). Whereas the latter refers to "racial discrimination" as meaning "any distinction, restriction or preference based on race, colour, descent

Thousands
AA2 Mob A3 DLA Total as a proportion of total UK population—per cent
1980 219 88 — 0.5
19911 732 488 — 2.1
2003 41,399 — 1,527 5.0

Sources:

Benefits. GB: for 2003, Information Analysis Directorate Information Centre; for 1980, 1990 and 1991, Social Security Statistics Publications.

NI: Statistics & Research Branch, Department for Social Development.

Population. 1980 for NI, mid-year estimates from the NI Statistics & Research Agency; otherwise, for both GB and NI, the Office for National Statistics.

Notes:

  1. 1. Figures for 1991 are provided instead of 1990, because figures for 1990 are not available for NI. Figures for 1990 for GB only are AA, 640,000; Mob A, 443,000; total as a proportion of total GB population, 2.0 per cent.
  2. 2. Figures for 1980 and 1991 for AA are: for GB, at 30 September 1980 and 31 March 1991; and for NI, at 31 December 1980 and 1991.
  3. 3. Figures for mobility allowance are for GB at 31 March, and NI at 31 December.
  4. 4. From 1992, the lower age limit for AA is 65.
  5. 5. Figures for GB for 2003 are from a 5 per cent sample of data. Other GB figures and all NI figures are from a 100 per cent count.

or national or ethnic origins", the former refers to "the principle of equal treatment" as meaning "that there shall be no direct or individual discrimination based on racial or ethnic origin". The elements of race and ethnicity appear to be common to both concepts, but not colour.