Framework for a Fairer Future – The Equality Bill press releases June 2008

Fact File

The new Equality Bill- Framework for a Fairer Future – The Equality Bill and Press Releases June 2008

A Statement by the Minister for Women and Equality

On Thursday, June 26 the Minister for Women and Equality, the Rt Hon Harriet Harman QC MP, made a statement to the House of Commons, repeated in the House of Lords by Baroness Andrews, setting out the main themes of the Equality Bill which will be introduced in Parliament in the next session.

On the same day the Government Equalities Office published Framework for a Fairer Future – the Equality Bill, which outlines the steps which will be taken to streamline and strengthen the law. See Also: Framework for a Fairer Future – The Equality Bill

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Single Equality Bill

Equality and Human Rights Commission - Commission welcomes outlawing of age discrimination

The Equality and Human Rights Commission welcomes today’s statement from Harriet Harman, Leader of the House of Commons, announcing the new Single Equality Bill. It is a proposal that offers a valuable starting point for shaping modern, simple equality law fit for the 21st century. At its most basic, we want a new fairness act aimed at allowing everyone, whatever their background, to fulfil their ambitions.

Trevor Phillips, Chair of the Commission, said:

‘This is the first step in a new generation of equality law. We want to enable people, businesses and the public sector to do the right thing. ‘We need an act that reflects our common sense of fair play – law that helps parents juggling work and family, law that gives the Asian girl from a council estate the same chance as the boy growing up on the other side of town, law that will stop anyone assuming people over some arbitrary age do not deserve the same rights afforded to the rest of us. The extension of the law to cover age discrimination will empower people to live full and fruitful lives defined by their capabilities and desires, not their age.

‘Britain is facing major social and demographic change. If organisations have to think about how they target resources efficiently – for example, making sure that they reflect the needs of all their users – we can be confident we are benefiting from the best public services and our taxes are spent wisely.

‘Critically this bill must help the private sector do a better job. Statistics prove many businesses that champion diversity have bigger profit margins because they understand their customers better. Sensible positive action measures can actually help businesses that take diversity seriously.

‘Positive action is not and should never be a charter for incompetency. What we want to see is a green light for employers to get the best out of a diverse workforce. We want common sense flexibility.

‘I want to give a couple of examples. What about MI5’s desire to hire British agents who are Muslim to help gather intelligence. Should that be unlawful? Or imagine a school where the head teacher has an all female staff. When she advertises for a new post she has three equally qualified candidates, one of whom is a man. Should it be unlawful for her to choose him? We don’t think it should and will be producing guidance to help employers in this area.’

The Equality Bill is a critical piece of legislation for the Commission which as regulator in this area sets standards and ensures individuals and organisations are treated fairly. The current law is complex, contradictory and confusing. If these proposals translate into a Bill that works in practice it will create a positive opportunity for the Commission to meaningfully fulfil its remit to create a fairer society for everyone, regardless of their background.

The proposals have a number of specific implications for the Commission which include:

Formal response by Trevor Phillips - Chair of the Commission - 21st July 2008

On 21 July 2008 Trevor Phillips presented the Commission's formal response to these proposals at an event for key stakeholders.

The response does not attempt to deal with every detail of every clause of the new Equality Bill, but it does set out what the Commission would like to see, including a complete over-haul of Britain’s equality laws and a new contract with the public on fairness. This could be by placing power in the hands of citizens and not remote bureaucracies, and that people by local petition or referendum could test public services such as schools and hospitals on how fairly they treat the people who use them.

You can download a copy of the Commission's full response here:

Background to a single Act

The current equality laws have been vitally important, and over the last ten years the Sex Discrimination Act 1975, Race Relations Act 1976, and Disability Discrimination Act 1995 have been strengthened and expanded. New laws have also been introduced to cover discrimination on grounds of religion or belief, sexual orientation and age.

But this means that the legislation has become complex and difficult to use. Replacing it with a single piece of legislation should provide simpler, more consistent anti-discrimination protection. In addition, today’s social, political and legal conditions and expectations are now very different than they were when the current laws were created. A new equality act should meet these new conditions and expectations, and proclaim that rights to equality and protection against unfair discrimination are an integral part of our constitution.

In February 2005 the government announced the arrival of the Discrimination Law Review (DLR). The aim of the DLR was to consider the opportunities for creating a clearer and more streamlined equality legislation framework. The DLR initially ran alongside the Equalities Review, which published its final report in February 2007.

The Government’s DLR team published a green paper in June 2007, setting out its recommendations for a single equality act for Great Britain. There was then a period of formal consultation with stakeholders, whose responses are now being considered by the government team, as they work towards an equality bill, and eventually, the act itself.

Information abou The Equality and Human Rights Commission

The Equality and Human Rights Commission is a statutory body established under the Equality Act 2006, which took over the responsibilities of Commission for Racial Equality, Disability Rights Commission and Equal Opportunities Commission. The Equality and Human Rights Commission is the independent advocate for equality and human rights in Britain. It aims to reduce inequality, eliminate discrimination, strengthen good relations between people, and promote and protect human rights. The Equality and Human Rights Commission will enforce equality legislation on age, disability, gender, race, religion or belief, sexual orientation or transgender status, and encourage compliance with the Human Rights Act. It will also give advice and guidance to businesses, the voluntary and public sectors, and to individuals.

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Equality Bill announcement - 26 June 2008

On 26 June the Government published 'Framework for a Fairer Future - The Equality Bill' containing key proposals for the Equality Bill. On the same day the Rt Hon Harriet Harman QC MP, Minister for Women and Equality, made a statement on the Bill to the House of Commons. The Equality and Diversity Forum has issued a press release welcoming the announcement and publication.

The Equality and Diversity Forum says new age discrimination provisions are essential to ensure fair treatment for older people

The Equality and Diversity Forum, the network of national equality and human rights organisations, welcomes the Government's announcement of new equality provisions today.

There is much to be welcomed in the new proposals, in particular:

Gay Moon, the Equality and Diversity Forum's Special Legal Advisor comments:

"Fairness for older people is an important social issue. The Government is to be congratulated on making this commitment to eradicating discrimination in goods, facilities and services. These age discrimination provisions will protect some of the most vulnerable members of our community when they most need it and will promote a new sense of fairness."

Source: The Equality and Diversity Forum

The Equality and Diversity Forum is the network of national organisations committed to progress on age, disability, gender, race, religion and belief, sexual orientation and broader equality and human rights issues.

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ABI - Association of British Insurers: Information, not legislation, is best way to help older insurance customers - Thursday, 26 June 2008

Today’s announcement of the Government’s intention to publish an Equality Bill, which would include provision to outlaw unjustifiable discrimination based on age, ‘will not affect the differential provision of products or services for older people where this is justified.’

Commenting, Nick Starling, the ABI’s Director of General Insurance and Health, said:

“Insurers agree that unfair discrimination on the basis of age is wrong. That is why they do not practice it. The Government, organisations that represent older people and the insurance industry agree that insurance premiums should reflect the risk presented by individual consumers.

We are engaged in discussions with the Government on the proposed Bill, which we hope will endorse this important principle. Legislation, no matter how well-intentioned, could have the unintended negative consequence of forcing some insurers to withdraw certain products altogether, reducing competition and availability and pushing up prices for all age groups.

“Insurance for older people is available from a range of providers. For example, single trip travel insurance is widely available for older people at fair prices. However, we recognise that some people may need more help to find the most appropriate insurance policies for them. We are working to improve this, and we know that the Government and age charities will support our efforts in this area.”

Notes:

The document published today, Framework for a Fairer Future – The Equality Bill, states on page 16: “The new law…will not affect the differential provision of products or services for older people where this is justified – for example free bus passes for over-60s and priority flu vaccinations for over-60s or group holidays for particular age groups or actuarially justifiable age-based treatment in areas such as financial services.”

Source: ABI

The ABI is the trade association for Britain’s insurance industry. Its nearly 400 member companies provide over 94% of the insurance business in the UK. It represents insurance companies to the Government, and to the regulatory and other agencies, and is an influential voice on public policy and financial services issues. ABI member companies hold up to a sixth of all investments traded on the London Stock Exchange, on behalf of millions of pensioners and savers.

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British Insurance Brokers’ Association (BIBA) - Brokers provide insurance solution to Government Equality Bill -27 June 2008

The British Insurance Brokers’ Association (BIBA) has welcomed Government proposals for a draft Equality Bill.

The BIBA 2008 manifesto calls for change to respond to the fact that people are living longer healthier lives. In particular, BIBA believes there is a need to review outdated criteria for accessing and setting insurance premiums.

It is important that consumers get the right cover at the right price and BIBA believes that risk based pricing is the best approach to meeting the needs of the entire population.

BIBA supports a ban on unjustifiable age discrimination. However, the Association is urging caution to protect the many customers who benefit from discounted premiums, designed to appeal to their particular age group. Where it is possible to give certain age groups specific products and pricing this should be allowed to continue.

Graeme Trudgill, BIBA Technical and Corporate Affairs Executive said: “BIBA welcomes the proposals for a draft Equality Bill as set out by the Government.

“We will continue to work with Government to help design the appropriate regulations for all consumers.

“The important thing to remember is that cover is already available to all ages from BIBA members at a fair price. We would urge consumers not to always rely on the internet or on brand products which may not prove competitive for their particular age group. A broker can provide an independent quote for everybody whether they are young drivers or older travelers.”

Notes:

The BIBA Manifesto proposals on age criteria can be downloaded here. These were:

Source: BIBA

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Government needs to add more weight to new Single Equality Bill by promoting the business case for diversity

26 June 2008

Responding to the Single Equality Bill published today, the Chartered Institute of Personnel and Development (CIPD) welcomes the proposals but forewarns the Government that as well as updating discrimination law, it is imperative to promote the strong business case for diversity if significant progress on equality for all is to be made.

Dianah Worman, CIPD Diversity Adviser, said: “The UK cannot afford to miss this unique opportunity for radical change in the way unfairness is tackled. This bill seeks to simplify existing legislation which can only be a plus for employers. Government now needs to ensure that they spell out exactly how the proposals will function so that employers don’t unwittingly fall foul of the law.

“To lead in the diversity field, employers have to deliver legal obligations and implement systemic change in all business practices. This is evidenced in our new research report, Managing Diversity and The Business Case, to be published in September. The report sets out the nature of the business case and pulls together a range of findings about its relevance to diversity progress and business performance.

“We welcome the Government’s strong leadership position on the introduction of ‘balancing measures’ as part of the enabling legal framework because they are needed to support the progress of diversity. But these will be highly contentious in some quarters and require clear guidance on what the law sets out to do and why. This will be vital to ensure people understand what they are and their legitimacy to avoid backlash based on false perceptions about them.

“Finally, law on its own is simply not enough. Government needs to engage employers to take action because it makes business sense. They should publish easily accessible practical guidance for employers to follow, and instigate a national education and awareness campaign with signposts to help and support. Failing to do this will short-change the UK economy at a time when business needs all the help it can get. Diversity needs to be demystified and good practice communicated down to the grass roots, where a real difference can be made.”

Source: CIPD

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British Humanist Association welcomes Equality Bill White Paper - Thursday, 26 Jun 2008

The British Humanist Association (BHA) has welcomed moves towards greater equality as set out in the Government’s Equality Bill White Paper but urges caution against the potential for unintended consequences, in particular that legislation does not result in increased discrimination against individuals.

Hanne Stinson, BHA Chief Executive, said, ‘Humanists are committed to the full implementation of human rights and equality for all and we look forward to working with the Government in the coming months to ensure that the Bill achieves this in practice.’

Ms Stinson continued, ‘We welcome the White Paper which aims to extend and promote equality between different people. However, we must be very careful that some proposals, such as extending positive action in employment and the proposed additional public duty in relation to religion or belief, do not inadvertently increase discrimination against individuals based on actual or perceived affiliation to a group.’

‘We hope that the new law will also address existing problems of discrimination by religious organisations. Existing UK equality law gives religious groups power to discriminate against those who do not share their beliefs in both employment and service provision – even when they are receiving public funding – and this is one inequality that we look to the Government to address.’

Amongst other proposals outlined in the White Paper, the BHA particularly welcomes the inclusion of a commitment to end the pay gap; allowing employment tribunals to make wider recommendations in discrimination cases; the commitment to allow discrimination cases to be brought on combined multiple grounds, and the commitment to consider representative actions. We also warmly welcome the ban on age discrimination in the provision of goods, facilities and services, but deeply regret the exclusion of young people under the age of 18 from this protection.

Source: The British Humanist Association

The British Humanist Association (BHA) is the national charity representing and supporting the non-religious and campaigning for an end to religious privilege and discrimination based on religion or belief. The BHA’s work is firmly based in principles of human rights, equality and social cohesion, and the BHA’s chief executive Hanne Stinson was a member of the reference group for the Equalities Review and for the Discrimination Law Review.

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