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ITEM EX10 - ANNEX 3

EXECUTIVE – 28 OCTOBER 2003

SOCIAL INCLUSION AND EQUALITIES

Legislative Developments Since 19 March 2002

  1. In addition to the general duties which came into force in April 2001, the Race Relations (Amendment) Act 2000 imposed a specific duty on the County Council to have a published Race Equality Scheme in place by 31 May 2002. The Race Equality Scheme is also a 2003/04 statutory Best Value Performance Indicator (BV2b). This performance indicator requires the Council to report on the content and characteristics of the Race Equality Scheme and to report on evidence of measurable improvements in race equality practice, procedures, processes and outcomes arising from implementation of the scheme.

  2. The Equality Standard for Local Government became a statutory Best Value Performance Indicator in 2002/03 (BV2 2002/03; BV2a 2003/04). The County Council is required to report on whether or not it has adopted the standard and, if it has, the level it believes it has reached. The standard provides a consistent approach to dealing with race, gender and disability equality. It has also been designed as a framework that can be extended to include policy on age, sexuality, religion and beliefs.

  3. The Race Relations Act 1976 (Amendment) Regulations 2003 came into force on 19 July 2003. These Regulations bring the Act into line with European Law on equal treatment between persons, irrespective of racial or ethnic origin, in the areas of employment , social protection, social advantage, education and access to goods and services. In particular, they define racial harassment and make it unlawful for an employer to subject an employee to racial harassment or for a body concerned with education to subject a person to racial harassment. They introduce a new definition of indirect discrimination, such that the Council’s informal practices may be considered discriminatory. The Regulations also change the burden of proof, such that the County Council will have to prove that it did not discriminate or harass on grounds of race, ethnic or national origins, once a prima facie case has been made.

  4. In June 2003, Parliament approved new Employment Equality Regulations covering sexual orientation, religion and belief. The term ‘belief’ is differentiated from religion and includes any philosophical belief that is similar to a religious belief. These Regulations come into force on 1 December 2003 (sexual orientation) and 2 December 2003 (religion and belief) and make discrimination and harassment in relation to employment and training on these grounds unlawful. This includes, recruitment and selection, terms of employment, access to training, promotion, transfers and other employee benefits. The Regulations also change the burden of proof, such that the County Council will have to prove that it did not discriminate or harass on these grounds, once an employee has made a prima facie case.

  5. Similar provisions relating to discrimination in employment on grounds of disability and age will be transposed into domestic law by October 2004 and December 2006 respectively.

  6. The final stage of the goods and services provisions in Part III of the Disability Discrimination Act 1995 will come into force on 1 October 2004. The new duties will apply to the County Council as a service provider where physical features make access to County Council services impossible or unreasonably difficult for disabled people. Permanent physical adjustments to premises may then be required.

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