RACE DISCRIMINATION LAWS NOT ENFORCED

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Report on enforcement action between January 1999 and June 2006 finds discriminators getting away with it
The Public Interest Research Unit will (on 30 August 2006) be publishing a report on the use of ten enforcement powers by the Commission for Racial Equality, the Disability Rights Commission, and the Equal Opportunities Commission (Teeth and their Use - enforcement action by the three equality commissions). A free media advance copy of the 180 page report (with summary) will be e-mailed on request.

Findings on race discrimination and enforcement

 During the more than seven years studied (1 January 1999 to 1 June 2006), the Commission for Racial Equality (CRE) made no use of six of the enforcement powers investigated and made little use of the other four (see attached table). For example, it made no applications for ‘persistent discrimination injunctions‘ (which could have been of particular use against repeat discriminators).

 Commission neglect of their enforcement powers (along with the difficluties individuals face in taking legal action themselves) has helped ensure that the majority of discriminators have got away with committing unlawful acts; and that some of the most vulnerable individuals in Britain have been left without proper protection from race discrimination. Of particular concern were identified instances of racial discrimination against the elderly in a number of care homes.  

 Some major race discrimination laws were not enforced at all during the period studied (1 January 1999 to 1 June 2006). For example, only the CRE has the power to enforce the provisions (in the Race Relations Act) on ‘discriminatory advertisements‘ for jobs, but it failed to use this power. This appears to have made it harder for some people to gain employment or promotion.

 Despite recent increases in certain types of race discrimination, including some types of  racially aggravated crime (such as, for example, a 14% rise in recorded offences of racially aggravated harassment between 2004/05 and 2005/06), the Commission for Racial Equality (CRE) used none of the ten studied enforcement powers during the first five months of 2006. We don’t know whether it has used any since the start of June.

 Problematic enforcement aside, the CRE appears to have performed a valuable role; including, in particular, through advising Ministers on legislative change, commissioning research, providing guidance to organisations, and helping to maintain the pressure for political action. The CRE has also assisted a limited number of individuals in taking discrimination cases to court or to the Employment Tribunals.

Findings on the impact of the 2006 Equality Act (which establishes the Commission for Equality and Human Right (CEHR) - with the CRE set to ‘join’ in 2009).
 The Equality Act 2006 strengthens some of the enforcement powers but weakens or removes others; weakens rights of individuals seeking legal assistance in race discrimination cases; and gives the Lord Chancellor what appears to be excessive power to determine the situations in which the CEHR will be able to support cases under the Human Rights Act.
 The Government appears, from its statements during debate in Parliament, to expect the CEHR to use its enforcement powers as rarely as the existing Commissions have used theirs; raising doubts as to whether the equality enactments will be better enforced

Recommendations
 The CRE to make better use of its enforcement powers and to be less secretive about their use (of the three equality Commissions, only the CRE resisted our Freedom of Information Act requests).
 The CRE and the CEHR to be made more accountable; and Parliament and others to be more robust in scrutinising their activities.
 The Equality Act to be strengthened (see report for specific proposals).

The report’s author, Rupert Harwood, said today:
“From the Race Relations Act 1976 to the Equality Act 2006, there has been a good deal of enactment but not a great deal of enforcement“.

“Neglecting the enforcement powers has meant abandoning some of the most vulnerable and abused people in the country“. 

“The Commission for Racial Equality is set to continue until 2009 but appears to have already packed away most of its enforcement powers. It needs to remember that it has a statutory duty to enforce the equality enactments”.

“The CRE has helped bring about important changes. But in some respects it appears to have lost its way and to be focussing on generating controversial headlines rather than taking effective action on the ground“.

FURTHER INFORMATION
Please phone carole Stuart-McIver on: 01559 370395 or 07957 471970.

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