A formal investigation into the Department of Health to uncover the extent to which it is failing to meet its duty to promote race equality under the Race Relations Act 1976 was announced by the Commission for Racial Equality today. As part of their duty under the Act, government departments are required to assess new policies and legislation for their impact on race equality as this ensures that there are no adverse or unbalanced effects on different communities.

Monitoring and enforcement action is a significant part of the CRE's legal business as regulator of race relations legislation. The CRE has proactively monitored the performance of Whitehall departments on race equality since February 2004.

The CRE has on several occasions urged the Department of Health to address inequalities at all levels but found that Race Equality Impact Assessments (REIAs) were not satisfactorily being carried out on the Department's policies.

As the regulator of the Race Relations Act, the CRE will be using its legal powers to investigate the Department's approach, attitude and commitment, by how it assesses the impact of race equality on its new policies.

Anthony Robinson, Director of Legal Services and Enforcement, said:

"We are concerned about the Department of Health as we have reason to believe that they have not been meeting their obligations under the law.

"This is worrying as they influence and shape local health services and we have to make sure that as a regulator, communities are not being disadvantaged on the ground because this work is not being carried out.

"The Commission is determined to use its enforcement powers, where necessary, to tackle organisations which persistently fail to meet their obligations under the Race Relations Act."