Equality Commission Strategic Enforcement

1. Equality Commission Strategic Enforcement 25 March 2010 Eileen Lavery

2. Equality Commission • established as a single Equality Commission on 1 October 1999 – Northern Ireland Act 1998 • Commissioners appointed by the Secretary of State for Northern Ireland – between 14 and 20 • powers and duties derive from wide range of anti-discrimination legislation, scope increased since 1999 • coexist with NI Human Rights Commission, Community Relations Council, NI Commissioner for Children and Young People

3. Role of Equality Commission • promote equality of opportunity and affirmative/positive action • work towards the elimination of discrimination • promote good relations between persons of different racial groups • keep equality legislation under review • advise on and review public authority equality duties

4. Legislative framework (1) • Equal Pay Act (NI) 1970 (as amended) • Sex Discrimination (NI) Order 1976 (as amended) • Race Relations (NI) Order 1997 (as amended) • Fair Employment and Treatment (NI) Order 1998 (as amended) • Disability Discrimination Act 1995 • Northern Ireland Act 1998 Section 75 and Schedule 9

5. Legislative framework (2) • Sexual Orientation Regulations (NI) 2003 • Special Education Needs and Disability (NI) Order 2005 • Disability Discrimination (NI) Order 2006 • Employment Equality (Age) Regulations (NI) 2006 • Equality Act (Sexual Orientation) Regulations (NI) 2006

6. Mainstreaming duties • unique to Northern Ireland in scope • shift approach to equality from non-discrimination to anticipatory intervention • designed to put equality and good relations considerations at heart of public policy making and service delivery • intended to make profound cultural change in the public sector • focused on addressing inequalities and promoting equality of opportunity

7. Advising and assisting complainants • Legislation empowers the ECNI to provide advice & assistance to individuals who are actual or prospective complainants under each of the equality provisions • Commission aims to achieve a balance between the provision of advice & the advancement of strategic litigation

8. Provision of advice • ECNI through its campaigns raises awareness of rights and remedies for people who believe they have been discriminated against • We provide information, support & advice to over 3000 people every year • This includes advice on the law, the remedies, the forum for redress, how to initiate proceedings & how to resolve informally

9. Assistance • Most callers to our advice line resolve the problem or do not choose to proceed to litigation • However, about 10-12% of individuals who contact the Commission about anti-discrimination rights wish to pursue the matter through the courts or tribunals. Some also opt for an informal resolution through our conciliation service. • The Commission has discretionary powers to provide legal assistance to applicants.

10. A Strategic Approach to Casework • Provision of legal assistance The Commission can only grant assistance if the application comes within the statutory grounds as specified in the relevant legislative provisions ie. • The case raises a question of principle • It is unreasonable to expect the person to deal with the case unaided • Or by reason of any other special consideration

11. Factors • Clarifying the law/making new case law • Raising public awareness regarding individual complaints & about the protection afforded by the law • Making impact in terms of bringing about changes in discriminatory practices & procedures • Cost of assistance to be commensurate with the benefit to be gained in pursuit of the statutory objectives of the Commission

12. Wide discretion • The Commission therefore has a wide discretion as to which cases it supports • The Commission also has a limited budget and cannot assist all those who wish to litigate • In the past year the Commission considered 400 new applications for legal assistance, of which 93 (23%) were granted assistance

13. Assistance across the grounds April 2009 – March 2010 • Disability- 17% • Sexual Orientation- 50% • Religion/Politics- 11% • Gender- 24% • Age- 20% • Race- 39%

14. Assistance Outcomes April 2008 – March 2009 • Cases concluded 69 • Out of court settlement 62(55 persons) • Heard and decision 7 • Decision awaited 4 • Court of Appeal 2 • House of Lords 1

15. Settlement terms Examples of terms: • Undertaking by Respondent to liaise with the Commission in order to review the practices, policies and/or procedures which led to the case being taken • Commitments to equality principals • Commitments to undertaking equality training • Admission of liability/deficit in practices • Apologies/statements of regret • Provision of references • Undertaking to make reasonable adjustments

16. Strategic Objectives • To assist individuals to secure their rights in the workplace, education and service provision. • To highlight the breadth of the protections • To improve equality practice

17. Contact details Equality Commission for Northern Ireland Equality House 7-9 Shaftesbury Square Belfast BT1 2DP Website: www.equalityni.org