Transcript Document

Implementing the Race Equality Duty
Karon Monaghan
Section 71 RRA 1976
“to make appropriate arrangements with a
view to securing that their various functions
are carried out with due regard to the need
(a) to eliminate unlawful racial discrimination;
and (b) to promote equality of opportunity,
and good relations, between persons of
different racial groups.”

Wheeler v Leicester City Council

New Duties
Stephen Lawrence Inquiry Report Cm 4262-I
Institutional and structural discrimination
Section 71(1) of the RRA, as substituted by
the Race Relations (Amendment) Act 2000
Section 71(1)

General duty/duties:
all public authorities listed in Schedule 1A to
the RRA, in carrying out their functions, to
have “due regard” to the need “to eliminate
unlawful racial discrimination; and to promote
equality of opportunity and good relations
between persons of different racial groups.”
Listed authorities; 43,000 +; the Secretary
of State has power to amend Schedule 1A
to add or remove listed public authorities
No express reference harassment
Complementary duties; positive and
negative
Specific duties
Race Equality Scheme
 Functions and policies the authority
assessed as relevant to meeting the
general duty;
 How it intends to fulfill its general and
specific duties.
Arrangements for assessing and consulting on
likely impact of proposed policies on the promotion
of race equality
Monitoring policies for adverse impact; publishing
results of assessments and monitoring; training
staff in connection with the general and specific
duties.
Implementing the Duties
Section 71: “This is a salutary
requirement, and this provision must be
seen as an integral and important part
of the mechanism for ensuring the
fulfillment of the aims of antidiscrimination legislation” R (Elias) v
Secretary of State for Defence
• R (BAPIO & Anor) v Secretary of State
for the Home Department and Secretary
of State for Health:
Duty must be complied with “not as
rearguard action following a concluded
decision but as an essential preliminary
to any such decision. Inattention to it is
both unlawful and bad government”.
Code of Practice
Four principles should govern public authorities’ efforts
to meet their duty to promote race equality:
a. Promoting race equality is obligatory for all public
authorities listed in schedule 1A to the Act …..
b. Public authorities must meet the duty to promote race
equality in all relevant functions.
c. The weight given to race equality should be
proportionate to its relevance.
d. The elements of the duty are complementary (which
means they are all necessary to meet the whole
duty).
“Relevance is about how much a
function affects people, as members of
the public or as employees of the
authority”
“Due regard”, “requires that the weight
given to race equality should be
proportionate to its relevance to a
particular function.”
 CRE’s step - by - step guide to
undertaking race equality impact
assessments.
Judicial Review
Assessments and Compliance Notices
Green Paper
 Discrimination Law Review: “assess how our antidiscrimination legislation can be modernised to fit the
needs of Britain in the 21st Century.”
 Equalities Review: “at the current rate of change we
will: close the gender pay gap [in 2085]; close the
ethnic employment gap [in 2105]; close the disability
employment gap, probably never; close the ethnic
qualification gap, definitely never (things can’t only
get better)”.

Fundamental Principles

Statutory Equality Duties

Identify the steps necessary

Regressive
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