News

Liberte, egalite, fraternite. The 18th century French revolutionists' rally cry has taken a modern twist in today's Britain with the publication last month of proposals for a new single equality body to swallow up the Equal Opportunities Commission, the Commission for Racial Equality and the Disability Rights Commission (news, page 16, 20 May).¹

The white paper says a new Commission for Equality and Human Rights (CEHR) can build on the "excellent foundation" laid by the three existing commissions - the first of which was established 30 years ago. The document says: "A change in how we promote, enforce and deliver equality and human rights is now necessary if we are to achieve the prosperous and cohesive society we seek."

The Equal Opportunities Commission is one of several organisations supporting the creation of a new equality body. Chair Julie Mellor says many people no longer relate to an equality agenda that appears to be focused on certain groups. "An older black woman who is passed over for promotion at work or a gay, disabled man facing harassment want a fair chance in life, not a debate about what forms of discrimination they face," she says.

The parliamentary joint committee on human rights (JCHR) also lobbied for a new organisation in its March 2003 report. Last month, it detailed the functions, powers and structures it wanted the CEHR to have from a human rights perspective.²

As well as taking on the powers of the existing bodies, it is proposed that the CEHR will have expanded powers and duties, including:

• A new duty to consult stakeholders on its strategic plans.
• A presence in England's nine regions in order to promote tailored delivery of the commission's work, including a Scottish and a Welsh commissioner on its board.
• Powers to promote human rights, including powers to undertake general inquiries and to intervene as a third party.
• Powers to promote good practice and enforce the law in the new areas of discrimination legislation covering sexual orientation, age and belief or religion.

While the many aims of the CEHR are laudable, is the commission necessary? Jenny Watson, an independent human rights consultant, says a single commission will be able to raise awareness of the respect and dignity due to all human beings. "Equality on its own cannot deliver, but equality and human rights can because human rights is the glue that holds it all together."

Additionally, public bodies cannot go to one statutory organisation for all the information and advice they need on human rights, she says.

A disability committee will be established as part of the CEHR, a move welcomed by Nick O'Brien, director of legal services and operations at the Disability Rights Commission. He says: "It will be essential that this proposal is backed by sufficient resources to secure an effective disability unit capable of embedding the existing and planned legislation on disability rights."

However, the fact that disability will have its own committee but human rights and race will not has raised concerns that a hierarchy of discrimination issues will be created. Katherine Rake, director of equality campaigning group the Fawcett Society, believes this depends on the CEHR's leadership. "The risks are, unless we are clear about how voices of people from different communities are heard, there will be a perception of a pecking order."

She supports the new gender duty on public bodies because current legislation has "run into the sand" on this issue and this hands back the responsibility to public authorities.

The three existing equality commissions are all large, established agencies with separate budgets. Is there a chance that bringing them together will make the new organisation unwieldy and result in it becoming a talking shop? Local Government Association equalities executive chair Laura Willoughby says there is no reason why this should be the case. "When working on cross-cutting equalities issues a single body is likely to be easier to work with than three commissions."

The Commission for Racial Equality was reluctant to discuss the white paper last week. But it does welcome in principle a single body that can create a strategic approach to equality and human rights issues.

A significant departure for the new commission will be its ability to intervene in court cases covering both equality and human rights. Although the CEHR will only have powers to support discrimination cases, it will be able to present human rights arguments in discrimination cases. The government has so far not proposed giving the new commission powers to support cases brought under the Human Rights Act 1998.

Mellor says the CEHR should be able to continue to support cases containing both human rights and equality issues if the discrimination part of the case falls away. "It would be unfair to an individual taking a claim in these circumstances if the CEHR has to withdraw its support halfway through."

The DRC supports funding stand-alone human rights cases that contain a disability element and is disappointed the white paper does not envisage enforcement powers on human rights at all, says O'Brien.

Although the proposed CEHR has the overwhelming support of equality campaigners, the government's refusal to simplify equality legislation has not. Harmonising equality legislation that is spread over several acts - including the Disability Discrimination Act 1995 and the Race Relations (Amendment) Act 2000 - would doubtless make integrating the three commissions much easier.

Many, including the Fawcett Society and the Local Government Association, support the idea of a new equalities act. As Willoughby says: "A single equality body will not be as effective as it could be while it operates within the framework of the current patchwork of equalities legislation."

¹ Fairness for All: A New Commission for Equality and Human Rights, Department of Trade and Industry, 2004

² Commission for Equality and Human Rights: Structure, Functions and Power, House of Lords and House of Commons joint committee on human rights, 2004

The human dimension   

In October 2003 the government announced its intention to create a single equality body as a result of its consultation the year before.¹ 

The new organisation will challenge discrimination, promote equality and, for the first time, provide what Tony Blair describes as "institutional support" for human rights.  It will also take on responsibility for new laws banning discrimination on age, belief or religion and sexual identity in the workplace. Public bodies will have a duty to promote equality of opportunity between women and men and make public services more responsive to needs.   Establishing the Commission for Equality and Human Rights will require primary legislation. Once a bill has been before parliament a shadow commission will be created with a shadow board, chair and three transition commissioners, each nominated by chairs of the existing commissions. The live CEHR is expected to be launched in 2006.  Its core functions will be to: 

• Encourage awareness and good practice on equality and diversity. 
• Promote awareness and understanding of human rights. 
• Promote equality of opportunity between people from different groups protected by discrimination law. 
• Work towards eliminating unlawful discrimination and harassment. 
• Promote good relations among different communities, and between these communities and wider society. 
• Keep legislation under review. 
• Be a centre of expertise on equality and human rights. 

¹ Equality and Diversity: Making it Happen, Department of Trade and Industry, 2002