§ Lord Lester of Herne Hillasked Her Majesty's Government:
Further to the Written Answer by the Baroness Scotland of Asthal on 15 July (HL3694), whether they participated in the negotiations of the Race Directive (Council Directive 2000/43/EC); and, if so, what reasons, if any, were expressed during the negotiations for the exclusion of discrimination 33WA based on colour from the scope of the Race Directive. [HL4025]
§ Baroness Scotland of AsthalHer Majesty's Government were fully involved in the negotiation of the Race Directive (Council Directive 2000/43/EC), at the Social Questions Working Group, at COREPER and at the Social Affairs Council. There was no discussion whatsoever about either the inclusion or the exclusion of discrimination based on colour from the scope of the Race Directive.
The Commission's original draft directive, published in November 1999, which formed the basis of the negotiations, included only "race or ethnic origin" as the grounds of discrimination. None of the member states' delegations suggested adding other grounds which their own national legislation already covered, or which were of particular concern in their own national contexts. This was in recognition that EC Directives set a minimum standard beyond which member states' legislation can—and in the case of the United Kingdom does—extend.
Beyond this, the Government cannot speculate on the Commission's rationale for the non-inclusion of colour in the grounds of discrimination covered by the directive.
§ Lord Lester of Herne Hillasked Her Majesty's Government:
Whether the effect of the Regulations made to implement the Race Directive (Council Directive 2000/43/EC) is that under the amended Race Relations Act 1976 victims of discrimination based on colour will be less well protected in some respects than the victims of any other forms of discrimination. [HL4053]
§ Baroness Scotland of AsthalThe vast majority of victims of discrimination based on colour will continue to be protected under the provisions of the Race Relations Act 1976 which are similar in many respects to the legislation implementing the other Article 13 directives. The changes made by the regulations in order to ensure full compliance with the directive conform to the scope of the directive, which does not extend its protection to discrimination based on colour, or indeed nationality. Victims of discrimination based colour will not be less well protected, by virtue of these regulations, than victims of discrimination based on nationality.
§ Lord Lester of Herne Hillasked Her Majesty's Government:
Which other member states of the European Union have implemented the Race Directive by legislation which excludes discrimination based on colour from the prohibition against racial discrimination. [HL4176]
§ Baroness Scotland of AsthalWe understand that three member states in addition to the United Kingdom - Belgium, Sweden and Italy—have recently updated their anti-discrimination rules or legislation to take account of the race directive. We do not34WA currently have any information about the exact nature of the changes made in those three states, nor are we able to speculate about the position in the other member states.
§ Lord Lester of Herne Hillasked Her Majesty's Government:
Whether the Commission for Racial Equality has made representations about the exclusion of discrimination based on colour from the regulations implementing the race directive; and [HL4177]
Whether the Commission for Racial Equality has made representations about the exclusion of discrimination based on colour from the Race Directive (Council Directive 2000/43/EC). [HL4179]
§ Baroness Scotland of AsthalThe Commission for Racial Equality submitted responses to the Government's public consultations on the implementation of the EC Article 13 Race and Employment DirectivesTowards Equality and Diversity (December 2001) and Equality and Diversity: The way ahead (October 2002). These responses include representations for inclusion of "colour" as one of the protected grounds in the race regulations.