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Institute of Employment Rights NorthWest Conference 2009. The New Equality Bill The Public Duty Professor Fiona Beveridge Liverpool Law School. Introduction. The Existing Equality Duties The Proposed Equality Duty Implementation Enforcement. The Existing Equality Duties. The Race Duty
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Institute of Employment RightsNorthWest Conference 2009 The New Equality Bill The Public Duty Professor Fiona Beveridge Liverpool Law School
Introduction • The Existing Equality Duties • The Proposed Equality Duty • Implementation • Enforcement
The Existing Equality Duties • The Race Duty • The Disability Duty • The Gender Duty • General v Specific • Code of Practice
The Proposed Equality Duty (Cl. 1) • Socio-Economic Inequalities: • An authority to which this section applies must, when making decisions of a strategic nature... have due regard to...(the desirability of reducing) the inequalities of outcome which result from socio-economic disadvantage.... • Authorities covered
Public sector equality duty • Cl.145 – A public authority must, in the exercise of its functions, have due regard to the need to – • Eliminate discrimination, harassment, victimisation and any other conduct that is prohibited by or under this Act; • Advance equality of opportunity between persons who share a relevant protected characteristic and persons who do not share it
Foster good relations between persons who share a relevant protected characteristic and persons who do not share it Also applies to non-public authorities who are exercising public functions, who must have due regard to these duties in the exercise of those functions
Protected Characteristics (Cl. 4) • Age • Disability • Gender reassignment • Marriage and civil partnership • Pregnancy and maternity • Race • Religion or belief • Sex • Sexual orientation
Implementation • Requirements in the Bill • Codes of Practice • Previous Practice
Enforcement • General Duties – judicial review • Elias • BAPIO • Chavda • Eisai • Watkins-Singh • ‘C’ • Kaur
Enforcement (contd) • The specific duties • Role of Equality Scheme • Admissibility in Court Proceedings • Role of ECHR