HL Deb 11 September 2003 vol 652 cc143-4WA
Lord Lester of Herne Hill

asked Her Majesty's Government:

Further to the Written Answer by the Baroness Scotland of Asthal on 17 July (WA 164), what inconsistencies there are in the Race Relations Act 1976 resulting from the implementation of the Race Directive. [HL4280]

Baroness Scotland of Asthal

The effect of the Race Relations Act (Amendment) Regulations 2003 is to amend the Race Relations Act 1976 (RRA) in such a way as to implement the EC Article 13 Race Directive. The principles of the directive—such as a revised definition of indirect discrimination and a change in the interpretation of the burden of proof—are applied to the RRA in respect of claims brought in areas of the RRA that are within the scope of the directive. Therefore potential claims of unlawful discrimination which fall within the scope of the directive will be subject to the revised provisions—such as the amended definition of indirect discrimination, the new statutory definition of harassment (which corresponds to the existing case law definition), the new definition of "genuine occupational requirement", the repeal of some provisions which are contrary to the principle of equal treatment (as defined in the directive)—whereas claims which fall outside the scope of the directive will be subject to the Act's original provisions.

Lord Lester of Herne Hill

asked Her Majesty's Government:

Further to the Written Answer by the Baroness Scotland of Asthal on 17 July (WA 164), what evidence they possess that the European Commission and Council intended to adopt a narrower interpretation of the concept of racial discrimination in the Race Directive than in the International Convention on the Elimination of All Forms of Racial Discrimination ("the CERD"), notwithstanding the express reference to the CERD in the preamble to the Race Directive. [HL4281]

Baroness Scotland of Asthal

As I indicated in my response to the noble Lord of 17 July 2003 (WA 164), the Government are not able to speculate on the intentions of the Commission and Council. However the Government note that "the CERD" contains a reference to colour, as does the Charter of Fundamental Rights of the European Union, in contrast to the recitals to, and Article 2 of, the directive.

Lord Lester of Herne Hill

asked Her Majesty's Government:

Further to the Written Answer by the Baroness Scotland of Asthal on 17 July (WA 164), whether it is consistent with the elimination of all forms of racism and the development of policies which address all forms of racial discrimination across the European Union for the race directive to exclude protection against discrimination based upon a person's colour. [HL4282]

Baroness Scotland of Asthal

The Race Directive prohibits discrimination on the grounds of racial or ethnic origins. Such prohibition would not appear to include all the possible forms of racism referred to in the International Convention on the Elimination of All Forms of Racial Discrimination. However, as I indicated in my response to the noble Lord of 17 July 2003 (WA 164), the Government are not able to speculate as to the reasons why the European Commission and Council adopted a narrower concept of racial discrimination than exists in the convention.