By Sammie Jones-
According to the Women and Equalities Committee, the implementation of The Equality Act is weak and in many cases none existent, rendering the law almost useless. In a comprehensive report that shed negative light on regulators, the committee called for more strategic approaches to address systemic inequalities in society. Regulators should compile a ‘critical mass’ of casework in order to drive ‘strategic litigation’ that could set legal precedents or change court procedures, the report said.
The Committee’s report, ‘Enforcing the Equality Act: the law and the role of the Equality and Human Rights Commission’,has discredited Equality Laws in the Uk as not being fit for purpose in a damning report.
The committee, which launched its inquiry in July 2018, said: ‘While individuals must still have the right to challenge discrimination in the courts, the system of enforcement should ensure that this is only rarely needed. ‘
The report argues against relying on the individual approach, dating back to the 60s and 70’s, but calls for a new approach which provides a sustainable deterrent and tackles institutional and systemic discrimination.
While individuals must still have the right to challenge discrimination in the courts, says the Committee, the system of enforcement should ensure that this is only rarely needed This will require a fundamental shift in the way that enforcement of the Equality Act is thought about and applied.
Committee Chair Maria Miller(pictured) also condemned a culture that places the burden of enforcement on the individual. Miller added:
“Creating a fairer society where people are not treated differently because of the colour of their skin, their sex, gender, sexuality or religion is central to British values.
In our first four years, in inquiry after inquiry the Women and Equalities Committee has heard abundant evidence of the destructive impact discrimination has on people’s lives, as well as the heavy cost that puts on society and public services. One thing is absolutely clear: the burden of enforcement must shift away from the individual. We need a fundamental shift in approach, and our report shows how to do it.
“Above all, the Government must act on its own obligations. It must embed compliance and enforcement of the Equality Act into its most significant strategies and action plans.
That it has not yet done so in its recent efforts to improve the quality of work – where stopping discrimination is so clearly an essential precondition to any improvements – beggars belief.
Our report sets out exactly what needs to be done, and we look forward to hearing how the Government plans to act on this.”
FAILINGS OF MAINSTREAM BODIES
The committee also found ‘example after example’ of mainstream enforcement bodies failing to meet their duties in respect of the Equality Act 2010. On sexual harassment, regulators displayed ‘passivity and indifference,’ it claimed. The report recommends that each government department be legally bound to ensure that the enforcement bodies for which they are responsible are using their powers to secure compliance with rights under the act.
Committee chair Maria Miller MP said: ‘The government must act on its own obligations. It must embed compliance and enforcement of the Equality Act into its most significant strategies. That it has not yet done so beggars belief.’
The committee is also critical of the Equality and Human Rights Commission (EHRC), a national body with the power to fund discrimination cases. The report notes that the commission has seen a ‘significant decrease in activity over time’ and has mishandled disputes with its own staff. This is a blow to the credibility of the ECHR who ought to be trusted to deliver its remit on equality issues.