The Equalities Review
Discrimination Law Review: terms of reference
The Discrimination Law Review will consider the opportunities for creating
a clearer and more streamlined equality legislation framework, which
produces better outcomes for those who experience disadvantage.
This work will begin alongside the independent Equalities Review, which
will carry out an investigation into the causes of persistent
discrimination and inequality in British society. The Discrimination Law
Review will consider the recommendations of the Equalities Review, which
will report to the Prime Minister in summer 2006.
Key areas of this work will include:
-
a consideration of the fundamental principles of discrimination
legislation and its underlying concepts and a comparative analysis of the
different models for discrimination legislation
-
an investigation of different approaches to enforcing discrimination law
so that a spectrum of enforcement options can be considered
-
an understanding of the evidence of the practical impact of legislation –
both within the UK and abroad – in tackling inequality and promoting
equality of opportunity
-
an investigation of new models for encouraging and incentivising
compliance
-
consideration of the opportunities for creating a simpler, fairer and
more streamlined legislative framework in a Single Equality Act. Any
proposals will have due regard to better regulation principles and take
into account the need to minimise bureaucratic burdens on business and
public services. A key priority will be seeking to achieve greater
consistency in the protection afforded to different groups while taking
into account evidence that different legal approaches may be appropriate
for different groups.
The Discrimination Law Review will be grounded in a comprehensive analysis
of the efficacy of Great Britain's current equality enactments and the
requirements of European equality legislation. The Review will not consider
changes to the substantive rights contained in the Human Rights Act (HRA)
but will take account of views expressed on interactions between the HRA
and the equality enactments.
Building on the model developed for the work to establish the Commission
for Equality and Human Rights, the Discrimination Law Review will be led by
the Women & Equality Unit in DTI with the close involvement of
ministers and officials in key departments including the Department for
Work & Pensions, the Home Office and the Department for Constitutional
Affairs and in the Devolved Administrations.
The Discrimination Law Review Team will regularly update and consult the
Equalities Review Panel and the expert Reference Group, co-chaired by the
chairs of the Disability Rights Commission and the Equal Opportunities
Commission, as its work progresses. The Team will also engage more widely
with key interests, including equality stakeholders, employers, business
and trade unions. It will report to the Minister for Women & Equality
with close engagement by ministers across Whitehall, and at official level
between the Secretariat to the Equalities Review and the Discrimination Law
Review Team. This will ensure that a full range of views on the reform of
the current framework is reflected in any proposals that are brought
forward.
The Review will begin immediately. Its anticipated product is a series of
proposals for a coherent, modern, outcome-focused framework for this area
of the law with a view to bringing forward a Single Equality Bill.
The Government remains committed to establishing the new Commission for
Equality and Human Rights on the current timetable, with the new body
becoming operational in 2007.
