Transcript Document

Litigation Strategy
Consultation
6 November 2014, Glasgow
Agenda
1.
Introductions
2.
Overview of Commission
3.
Strategic Litigation Function
4. Examples of strategic cases
5.
Consultation framework
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Agenda
1.
Introductions
2.
Overview of Commission
3.
Strategic Litigation Function
4. Examples of strategic cases
5.
Consultation framework
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2. Overview of the Commission
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Equality Act
2006
National
Equality Body
UN accredited
National Human
Rights Institute
Non
Departmental
Public Body
Scotland,
Wales,
Manchester,
London
Strategic plan
Business plan
Equality Act
2010
Human Rights
Act 1998
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2. Overview of the Commission –
Other enforcement powers
s16 EA 2006
• Inquiries
s20 EA 2006
• Investigations
s21 EA 2006
• Unlawful Act Notices
s22 EA 2006
• Action Plans
s23 EA 2006
• Agreements
s24 EA 2006
• Interdicts
s31 EA 2006
• Public Sector Duty Assessments
s32 EA 2006
• Public Sector Duty Compliance Notices
s60 EA 2010
• Pre-employment health questionnaires
+ Strategic litigation powers
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3. Strategic Litigation Function
Section 28
• Provision of assistance
where proceedings relate
to the Equality Acts (may
also engage the Human
Rights Act)
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Section 30
• Own name litigation
• Judicial review
proceedings
• No victim status
necessary
• Interventions
• Neutral legal and policy
experts
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4. Examples of strategic cases
Approximate number of times that EHRC has agreed or agreed in principle to use its powers:
• to provide legal assistance under s28,
• to intervene in proceedings under s30, or
• to institute judicial review or other proceedings under s30,
even if the matter subsequently did not proceed or the decision was later revoked.
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5. Consultation framework
Purpose
To hear views from a wide range of individuals and organisations including
lawyers, advice centres, the voluntary sector other bodies on their priorities in
terms of human rights and equality issues, and to use this insight as a key tool
for setting the agenda for the organisation's legal work.
Survey online
22 September to 12 December 2014
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5. Consultation framework –
Existing policy
Principles
• Prioritise cases which
advance objectives in
strategic plan;
• Identify and prioritise
cases where the
Commission is
uniquely placed to
act;
• Assess if nonlitigation options are
available in each
case.
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Criteria
• Chances of success;
• Cost-effective use of
limited resources;
• Case will clarify law.
Priority issues
• Reducing pay gap;
• Ensure human rights
protection for
recipients of social
services.
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5. Consultation framework –
Survey responses
The following pages include some of the questions from the survey and
some early answers resulting from the consultation.
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5. Consultation framework –
Survey responses
Which principles and
criteria would be of value
in the Commission's role
as a National Human
Rights Institution?
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“The Commission has intervened in a number
of high profile cases which have been brought
by expert NGOs and there are already a
number of other interveners who are providing
expert support. It often seems in these cases,
that there is enough expertise and the
Commission's resources could be better
spent utilising its ability to bring claims
under the Human Rights Act in its own
name where it may be difficult for an individual
claimant to have victim status or the resources
to bring a claim.”
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5. Consultation framework –
Survey responses
“This is, for many people, the watchdog of
compliance to legislation relating to human
rights, equality, inclusivity and accessibility.
The Commission must be allowed to
have teeth in terms of enforcement of
legal obligations, be able to impose
sanctions if needed, provide advice on
support to comply with legislation and
increase public awareness of your role and
powers.“
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Which principles and
criteria would be of value
in the Commission's role
as the National Equality
Body?
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5. Consultation framework –
Survey responses
“'Caste' based
discrimination.”
What are the most
pressing issues in the
areas of discrimination
and/or human rights
law?
“Disabled people's
freedom of
movement.”
“Mistreatment of patients in
hospitals/care homes.”
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“DWP benefit
sanctions.”
“Disability and gender
discrimination in the
work place.”
“Sexism and dual discrimination
(older women).”
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5. Consultation framework –
Survey responses
“Public and Government departments legal requirement
to show due regard under the Public Sector Equality
Duty when drafting legislation, policy and guidance.”
“Freedom of conscience, freedom of thought, freedom
of speech have all been threatened by recent rulings
which have favoured the protected characteristic of
sexual orientation over that of religion & belief.”
What could be
effective test cases
in the fields of
discrimination or
human rights?
“Wording of the Equality Act (Disability Section) which
says: ‘An employer has a duty to make reasonable
adjustments in the work place when employing a person
with a disability’.”
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5. Consultation framework –
Survey responses
“Confusion results from combining religion
and belief into one category.”
“Clarity is required as to the criteria for deciding how to
proceed if one protected characteristic conflicts with another.
The most common example of this is the clash between
religion & belief and sexual orientation.”
Which provisions of
the Equality Act 2010
are not working or
need clarifying?
“I think there is much confusion on the s.193 implications for charities. I also
think charity regulators are confused between the implications of this section in
relation to individual charities, and their public sector equality duty.”
“Sections that relate to accessibility. There are still gaps in relation to accessible public
transport like coaches. People with sight impairments still struggle to travel independently
on buses or coaches due to the lack of assistance provided by the operators.”
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5. Consultation framework –
Survey responses
Are there issues arising out
of the Human Rights Act
1998 where you believe the
Commission is particularly
well-placed to bring or
support a challenge?
“State surveillance.”
“Forced 'religious' conversion.”
“Protecting the right to family life of
separated non-resident parents.”
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And finally…
SURVEY
Please complete the survey by 12
December 2014. The revised survey
responses will be published in February
2015.
https://www.equalityhumanrights.com/a
bout-us/our-work/ehrcconsultations/litigation-strategysurvey?wssl=1
CASE REFERRALS
Legal representatives can call to discuss a referral with the Lawyers' Referral Helpline on
0141 228 5951 (Monday to Friday). The Lawyers' Referral helpline can also be accessed
on-line at [email protected].
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