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
_______________________________________
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:
-
Helping
service providers (hospitals, schools, local authorities
etc) prepare for the changes required by the extension
of the law covering discrimination in the provision of
goods, facilities and services to cover age.
-
Monitoring
transparency and collection of data on issues of equality
in the public sector and the effect of the public sector
procurement in the private sector.
-
Specific
inquiries into the financial and professional services
sector and the construction industries – sectors that
benefit from a large amount of public sector procurement.
The starting point for these inquiries, which will be
launched this year, will be a period of evidence gathering.
-
The
development of an equality “kite-mark” designed to highlight
best practice in the private sector.
-
Producing
guidance for employers about how to use positive action
to help them achieve better services and delivery.
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.
©
Crown Copyright 2008 - jml Property Services hold a Core
Licence C02W00008738**
_______________________________________.
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:
-
simplifying and strengthening the obligations on public
bodies to prevent discrimination for all parts of the
population,
-
bringing age provisions into line with the other grounds
of discrimination by ensuring that older people are protected
from discrimination when using facilities and services,
-
new provisions to expressly permit the use of equality
provisions when public bodies buy goods and services,
and
-
recognition of the need for protection from discrimination
on more than one ground simultaneously.
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.
_______________________________________
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.
_______________________________________
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:
-
Reassessment
of age criteria for the over 60’s and for greater availability
of cover
-
-
Greater
flow of information between Government and industry
-
Industry
and Government to work together to raise awareness of
the insurance solutions and advice that brokers can offer.
Source:
BIBA
_______________________________________
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.
“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
_______________________________________
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.
_______________________________________
Please
note, all details on any of Press Releases displayed on
this site are provided by Companies, organisations, Government
departments and media and jml Training and Consultancy does
not take any responsibilty for their content or accuracy
jml
Training -
training
that works ...

|