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The Committee notes the recent adoption of the Equality Act 2010 which refers to the following protected characteristics: age, disability, gender reassignment, marriage and civil partnership, race, religion or belief, sex or sexual orientation. The Committee will examine this Act in depth next year together with the Government’s report which has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:
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Equality of opportunity and treatment for men and women in employment. The Committee notes the information in the Government’s report regarding the implementation of the Government Action Plan to follow up on the Women and Work Commission’s (WWC) recommendation. It notes in particular the Women and Work Sector Pathways initiative, the Quality Part-time Work initiative, and the work by Opportunity Now. The Committee notes from the WWC’s report entitled “Shaping a Fairer Future. A review of the recommendations of the Women and Work Commission three years on” (2009) that progress has been made in the area of skills development but that more action is needed to promote quality part-time and flexible work for women. As tackling gender inequality in the education system is an important means to address occupational segregation, the WWC further recommends the adoption of a national strategy in this regard, with particular focus on children of 14 years and under. The Committee encourages the Government to continue its efforts to promote equality of opportunity and treatment in employment, and asks the Government to provide information on any follow-up given to the 2009 recommendations of the WWC, and their impact on reducing occupational gender segregation.
Sexual harassment. The Committee notes the efforts made to implement the action plan to address sexual harassment in the armed forces. It also notes that the Equality and Human Rights Commission (EHRC) and the Ministry of Defence agreed to work in the course of 2009 towards a new partnerships agreement covering all the equality strands for which the EHRC is responsible. The Committee asks the Government to provide information on the impact of the action plan on preventing sexual harassment and improving the mechanisms to deal with sexual harassment complaints in the armed forces. Please also supply information on the implementation of the new Partnerships Agreement between the Ministry of Defence and the EHRC with respect to the equality strands.
Discrimination on the basis of religion. The Committee recalls its previous comments in which it noted the barriers faced by people of Muslim faith to employment, including discrimination, lack of suitable training and educational underachievement. The Committee notes that the Employment Equality (Sexual Orientation, Religion or Belief) Regulations do not directly address the issue of display of religious symbols in employment, but that this is referenced in judicial decisions. The Committee further notes the decisions handed down by the employment tribunals concerning discrimination based on religion in employment and the activities carried out by the Government to provide guidance and awareness concerning the new legislation. The Committee welcomes this information and asks the Government to continue to supply copies of relevant cases concerning religious discrimination dealt with by the employment tribunals, as well as information on measures taken to address stereotyped attitudes concerning religion in the workplace and to address the barriers to employment and education faced by people of the Muslim faith.
Ethnic minorities. The Committee notes the Labour Force Survey statistics showing that since 2006 the overall ethnic minority employment gap has narrowed, and that the employment rate of all ethnic minority groups was above 60 per cent in the first quarter of 2008. However, the employment rates of Pakistani and Bangladeshi adults continue to be considerably lower (46 per cent and 43 per cent respectively), with the rate for women in these groups being the lowest (26 per cent); Pakistanis and Bangladeshis also remain underrepresented in managerial and professional occupations. The Committee welcomes the continued research on barriers facing ethnic minority men and women in the labour market, and the programmes by the Ethnic Minority Employment Task Force to test the impact of equality conditions in contracts. The Committee further notes the detailed information in the Government’s report regarding the various initiatives supported or undertaken by the Government, such as Job Centre Plus, the National Skills Academies, skills for jobs and the local employment partnerships, to improve access to vocational training and guidance, and which focus on the most disadvantaged groups in the labour market. It also notes the information on the educational and skills development initiatives by the Governments of Wales and Scotland. The Committee requests the Government to indicate how these programmes have specifically helped to improve equality of opportunity and treatment of ethnic minorities, and in particular Pakistani and Bangladeshi men and women, and to reduce the ethnic minority employment gap.
Employment in the public sector. The Committee notes the civil service statistics for 2007, and the Government’s indication that the 2008 evaluation of the Public Service Agreement SR4 delivery plan showed relatively slow progress with respect to improving representation levels in the senior posts of the civil service. In 2007, 30.7 per cent of senior civil service posts were held by women (where the sub-target was 37 per cent). The Committee further notes that the percentage of Black and other ethnic minority civil servants has risen from 5.7 per cent in 1997 to 8.3 per cent in 2007, but remains low. Staff members from ethnic minorities continue to be more highly represented in junior rather than in senior grades. The Committee notes that the Government’s report does not provide any information on the effect of impact assessments on race-based inequality prepared by public bodies, as required under the legislation. The Committee asks the Government to step up its efforts to increase the percentage of women, Black and other ethnic minority people in the civil service, particularly in senior posts, and to continue to provide information, including statistics, on the results achieved in this regard. Please also provide information on the effect of the impact assessment on race-based inequality prepared by public bodies.
Northern Ireland. The Committee recalls that the Fair Employment and Treatment (NI) Order, 1998, excludes teachers from the protection against discrimination on the ground of religious belief. The Committee notes the Government’s indication that the Department of Education will respond to final proposals for this exemption under the Equality Bill and await the establishment of the Education and Skills Authority before undertaking any consultation on the future of the exemption. The Committee recalls that upholding a provision allowing discrimination on the basis of religious belief constitutes a hindrance to the equal opportunity and treatment of schoolteachers in Northern Ireland. The Committee urges the Government to take steps to ensure that the applicable legislation no longer includes the exemption with regard to discrimination against schoolteachers on the ground of religious belief and asks the Committee to provide information on any progress made in this regard. Please also provide information on the following:
(i) any steps taken to explore legislative options to include the ground of colour among the prohibited grounds of discrimination;
(ii) the implementation of the Race Equality Strategy for Northern Ireland; and
(iii) the status of the Equality Bill for Northern Ireland.
Legislative developments. The Committee notes with interest the adoption of the Child Care Act 2006 and the Work and Family Act 2006, which entered into force in 2007, as well as secondary legislation. It also notes the other measures taken by the Government to assist workers with family responsibilities. The Committee notes the consultation process regarding the proposed Equality Bill, which was introduced in the House of Commons on 24 April 2009, and published on 27 April 2009 for further consultation. It also notes the “Framework for a Fairer Future – the Equality Bill” published by the Government Equalities Office (GEO) in 2008 outlining the steps for further streamlining and strengthening the law. The Committee asks the Government to continue to report on the progress made towards the adoption of the Equality Bill. Having noted the Government’s commitment to promote equality of opportunity and treatment for workers with family responsibilities, the Committee encourages the Government to consider ratifying the Workers with Family Responsibilities Convention, 1981 (No. 156).
Political opinion and social origin. The Committee notes the Government’s statement that in Britain there are no legal remedies available to individuals claiming to have been discriminated against on the grounds of political opinion or social origin in employment and vocational training. It notes the Government’s position that the forthcoming Equality Bill should cover discrimination on the basis of nine grounds, but these would not include political opinion and social origin. The Committee recalls that where legislative provisions are adopted to give effect to the principle of non-discrimination contained in the Convention, they should include all of the grounds set forth in Article 1(1)(a) of the Convention. The Committee urges the Government to take steps to ensure that the grounds of political opinion and social origin are included in the new Equality Bill, and to indicate how non-discrimination based on these grounds is ensured in practice with respect to access to employment and vocational training.
The Committee notes the Government’s detailed report on the application of the Convention in England, Scotland, Wales and Northern Ireland.
1. Equality of opportunity and treatment of men and women. Occupational segregation. The Committee notes with interest the report and recommendations prepared by the Women and Work Commission (WWC) and refers the Government in this regard to the Committee’s comments under the Equal Remuneration Convention, 1951 (No. 100). It notes in addition the completion of the Equal Opportunities Commission’s (EOC) investigation into occupational segregation in which the EOC found that there was a failure to provide real opportunity and choice for girls and boys to enter work via vocational training and that the current education system was, in particular, failing girls from lower socio-economic groups. The investigation further found a link between the under‑representation of women in certain sectors and skills shortages in occupations such as construction, engineering, plumbing, ICT and childcare, which remain among the most heavily segregated sectors in the UK. Noting that the Government has already outlined a plan to tackle occupational segregation, the Committee asks, in light of the EOC’s and the WWC’s recommendations, for further information on the action taken and results achieved under this plan to encourage men and women into sectors where they are under-represented.
2. Sexual harassment. The Committee welcomes the information in the Government’s report on the efforts undertaken to raise awareness and provide guidance for workers and employers on the issue of sexual harassment in employment and occupation. It notes in this regard that the EOC began a formal investigation into sexual harassment in the armed services after deciding that there were sufficient grounds to believe that the harassment of servicewomen was frequent and that the measures in place to prevent and deal with it were inadequate. The Committee notes that the investigation was suspended after an agreement was reached with the Ministry of Defence on a three-phase action plan to deal with sexual harassment in the armed services. Noting that the plan is currently in its second phase and that the entire project is scheduled for completion in early 2008, the Committee asks the Government to keep it informed on the progress of this work and its impact in preventing sexual harassment and improving the mechanisms to deal with sexual harassment complaints in the armed services.
3. Discrimination on the basis of religion. The Committee notes the action taken by the Government to improve protection against religious discrimination in the provision of goods, facilities and services and to support the practical application of the Employment Equality (Religion or Belief) Regulations. It notes, however, from the Muslims in London report that based on 2001 census figures, Muslims have the lowest rates of employment and economic activity of all faith groups in London and that they face several barriers to employment including discrimination, lack of suitable training and educational underachievement. The Committee further understands that a case was recently decided in which a Muslim schoolteacher was suspended from her job at Headfield Church of England Junior School after refusing to remove her veil in the presence of male colleagues. Given that the Committee does not have the tribunal’s decision, the Government is requested to provide a copy along with its next report for the Committee’s consideration. Noting also that 172 cases of religious discrimination were dealt with by employment tribunals in 2004-05, the Committee asks for information on other cases relating to the display of religious symbols in employment or occupation and how the Employment Equality (Religion or Belief) Regulations address such situations. Please also provide information on awareness raising and other measures adopted to deal with negative attitudes towards religious minorities in the workplace and to promote and ensure equal opportunity and treatment for workers of different faiths.
4. Discrimination on the basis of political opinion and social origin. The Committee recalls its previous comment that there is no specific legislation in Great Britain providing protection from discrimination in employment and occupation on the basis of political opinion or social origin. The Government reports that while employees who believe they have been unfairly dismissed may complain to an employment tribunal, there is no specific jurisdiction for dismissal on grounds of social origin or political belief and that there are therefore no examples of successful claims on these grounds. The Committee recalls the Government’s indication that protection is ensured through the usual system of employment relations and, exceptionally, through recourse to an employment tribunal. The Committee nonetheless asks the Government to indicate what legal remedies are available to individuals claiming to have been discriminated against on the grounds of political opinion or social origin, not simply in cases of unfair dismissal but also with regard to access to employment and vocational training.
5. Ethnic minorities. The Committee welcomes the many studies undertaken on the situation of ethnic minorities in the labour market. It notes in particular the 2006 report entitled “Ethnic penalties in the labour market: Employers and discrimination”, which found that a number of ethnic minority groups, notably Pakistani, Bangladeshi, Black Caribbean and Black African men, continue to experience higher unemployment rates, greater concentrations in routine and semi-routine work and lower hourly earnings. The report also found that despite an improvement over time in the occupational levels of ethnic minorities, the employment situation of Pakistanis and Bangladeshis was a special cause for concern. The Committee notes that the Ethnic Minority Employment Task Force (EMETF) is responsible for taking forward the recommendations of the Prime Minister’s report on ethnic minorities in the labour market. In this capacity, the Task Force is leading an initiative for the use of public procurement contracts as a means to promote employment for ethnic minorities in the public sector. The Committee also understands that the Commission for Racial Equality’s (CRE) new statutory code of practice took legal effect in April 2006 and applies to all employers in England, Scotland and Wales, as well as workers, former workers and applicants for employment, promotion and training. The Government is requested to continue to supply detailed information on the labour market position of ethnic minorities along with information on the impact of the measures adopted to increase opportunities for these individuals in employment and occupation both in the public and private sectors. Please also provide specific information on what special efforts the Government is making to improve the opportunities for the Pakistani and Bangladeshi communities which have been identified as particularly disadvantaged on the job market. The Government is further asked to supply information on the practical effects of the CRE’s new code of practice in ensuring equal opportunity and treatment for ethnic minorities in employment and occupation.
6. Employment in the civil service – Great Britain. The Committee notes the figures on diversity in the civil service for 2004 showing that while female staff continued to be concentrated in positions of lower responsibility such as administrative work, there have been positive gains in the percentage of women in more senior posts. In this respect, the Committee notes the targets set under the Public Service Agreement SR04 delivery plan (PSA) to bring about measurable improvements in gender equality by 2008. With regard to ethnic minorities in the civil service, the Government reports that these individuals continue to be more highly represented in lower grade posts although modest improvement has been made towards achieving greater ethnic diversity among senior civil servants. The Committee asks the Government to provide information, including updated statistics, on progress made towards meeting its PSA targets for gender equality in the public service, particularly in light of the gender equality duty under the Equality Act 2006 and the recommendations of the WWC. Please also indicate the results of the Government’s efforts to promote greater ethnic diversity in the civil service, including the number and effect of Race Equality Impact Assessments prepared by public bodies as required under the Race Relations Act.
7. Northern Ireland. Recalling that the Race Relations (Northern Ireland) Order 1997 (RRO) does not cover the ground of colour, the Committee notes the Government’s indication in its Racial Equality Strategy for Northern Ireland (2005-2010) that it will explore legislative options to rectify this anomaly. Furthermore, with regard to the exemption of teachers from the protection of discrimination on the ground of religious belief under the Fair Employment and Treatment (NI) Order, 1998, the Government reports that the Equality Commission undertook a review and found widespread acceptance of the exemption simply as a consequence of the education system in Northern Ireland. The Equality Commission did, however, recommend a further restriction of this exemption to apply only to teachers in mainstream primary schools. The Government indicates that the Department of Education is considering the investigation findings and the Equality Commission’s recommendations. The Committee again reminds the Government that in spite of traditional views with respect to the local education system, upholding a provision allowing discrimination on the basis of religious belief constitutes a hindrance to the equal opportunity and treatment of schoolteachers in Northern Ireland. It, therefore, hopes that the Government will consider removing any exception with regard to discrimination against schoolteachers on the ground of religious belief and to keep the Committee informed of the Department of Education’s deliberations on this matter. The Committee also asks the Government to provide more information on the implementation and impact of the Racial Equality Strategy for Northern Ireland, specifically with regard to equal opportunity and treatment in employment and occupation. Please also keep the Committee up to date on the status of the single Equality Bill for Northern Ireland.
Legislation. The Committee notes with interest the numerous legislative developments in the field of discrimination, in particular the adoption of the Equality Act 2006, establishing a new Commission for Equality and Human Rights (CEHR), and creating a duty for public authorities to promote equality of opportunity between men and women and prohibit sex discrimination. It also notes the adoption of the Employment Equality (Age) Regulations 2006, prohibiting discrimination on the basis of age in employment, self-employment, occupation and vocational training. The Committee further notes the adoption of the Disability Discrimination Act 2005, which extends the coverage of the 1995 Act to 250,000 people living with cancer, HIV infection and multiple sclerosis. The Government reports that, in addition to these developments, a discrimination law review (DLR) is under way, involving employers’ and workers’ representatives to address concerns that there are inconsistencies in the current anti-discrimination legislative framework. The Government anticipates that this review will lead to the drafting of a single equality bill. Noting that the CEHR will become operational in 2007, and that the final report of the DLR is due in the same year, the Committee asks the Government to keep it informed regarding the impact of these and other legal developments in promoting equal opportunity and treatment in employment and occupation. Please also provide information on the progress made towards the drafting of a single equality bill. Furthermore, noting that the age discrimination regulations came into force on 1 October 2006, the Committee asks the Government to provide information in its next report on this law’s practical application including the number and outcome of age discrimination complaints brought under these new regulations.
The Committee is raising other matters in a request addressed directly to the Government.
1. Article 1 of the Convention. Application of the Convention in respect to all workers (Northern Ireland). Private households. Recalling the Committee’s previous comments concerning exceptions to the application of discrimination protection, the Committee notes the Fair Employment and Treatment Order (Amendment) Regulations (NI), 2003, removing the exception in section 70(1)(b) which allowed employers to discriminate against workers in private household employment. It also notes the Race Relations Order (Amendment) Regulations (NI) (RRO), which now prohibits discrimination in private household employment on the grounds of race, ethnicity or national origin (section 6(3)). The Committee notes, however, that despite the RRO amendment, discrimination on the ground of colour continues to be explicitly exempted from the provisions of the Order. The Committee asks the Government to provide information on whether the RRO provision will be amended to ensure that workers in private households are protected from discrimination on the basis of colour. Noting also that the Government’s report does not address the exclusions of private household workers under section 4(3) of the Race Relations Act, 1976 (RRA), the Committee again asks how such workers are protected from discrimination on the grounds of the Convention and whether the Government intends to amend the RRA.
2. Schoolteachers. The Committee notes the Government’s indication that the exception for teachers under the Fair Employment and Treatment (NI) Order, 1998, was amended to apply more restrictively to the recruitment of teachers. The Committee notes the investigation into this exception by the Equality Commission and its subsequent report (2005) in which the Commission recommends that the exception be removed. The Committee emphasizes that upholding a provision allowing discrimination on the basis of religious belief is a hindrance to the equal opportunity and treatment of schoolteachers in Northern Ireland. The Committee, therefore, asks the Government to indicate what measures, including legislative amendment, are in place or planned to ensure the protection of Northern Ireland schoolteachers regardless of religious belief.
3. Discrimination on the basis of sex. Sexual harassment. The Committee thanks the Government for the information provided in response to its general observation (2002) on sexual harassment. It notes with interest that, on 1 October 2005, a definition of sexual harassment was introduced into the Sex Discrimination Act, 1975, in line with the EU Directive 2002/73/EC, covering both quid pro quo and hostile environment harassment. The Committee notes the variety of investigative and awareness-raising measures taken by the Equal Opportunities Commission and it invites the Government to continue to provide relevant case law on this matter along with other measures taken to prevent sexual harassment in the workplace in both the private and public sector. Noting that these new regulations do not extend to Northern Ireland, the Committee also asks what initiatives are being undertaken there to counter the practice of sexual harassment in employment and occupation.
4. Discrimination on the basis of political opinion and social origin. The Committee notes the Government’s statement that there is no specific legislation in Great Britain providing protection from discrimination in employment and occupation on the basis of political opinion or social origin. The Committee notes the Government’s explanation that protection is ensured through the usual system of employment relations and, exceptionally, through recourse to an employment tribunal which may decide whether an employee was unfairly dismissed for reasons of political opinion or social origin. Given the Government’s statement that no further legislation is anticipated on the matter, the Committee asks for specific examples from tribunal decisions demonstrating that discrimination is prohibited on the grounds of either political opinion or social origin. Noting also that Northern Ireland legislation does not forbid unequal treatment on the basis of social origin, but that a harmonized Equality Bill is in preparation, the Committee asks the Government to keep it informed on the progress of the draft law and whether it will include social origin as a prohibited ground.
5. Discrimination on the basis of religion. The Committee notes with interest the adoption of the Employment Equality (Religion or Belief) Regulations, 2003, which prohibit direct and indirect discrimination on the grounds of religion or belief in employment and vocational training. The Committee asks the Government to provide information on the application of these new regulations including the number and outcome of relevant cases and an assessment of the regulations’ impact on ensuring equality of opportunity and treatment in employment and occupation.
6. Article 2. Equality of opportunity and treatment of men and women. Occupational segregation. The Committee notes the extensive information contained in the Government’s report on the variety of efforts to promote equal opportunity for men and women in employment and occupation. With respect to the current situation of women in the labour market, it notes that female workers remain heavily concentrated in a few occupations, with over 60 per cent of women working in just ten occupations, and that women are less than half as likely as men to work in higher managerial jobs. In this regard, the Committee notes that a national strategy is being developed under the coordination of the Women and Equality Unit to ensure a consistent approach to tackling occupational segregation in skills, work and training, and that the Government is also taking related measures to increase the representation of women in the fields of science, engineering and technology, and to assist women entrepreneurs. The Committee requests the Government to continue to provide information on the policies adopted and their impact with respect to promoting equal opportunity for women in employment and occupation. In particular, it asks the Government to supply more detailed information on the national strategy on occupational segregation and the work of the Women and Equality Unit in this regard. Please also highlight the key findings of the Equal Opportunities Commission’s investigation into gender segregation and modern apprenticeships and indicate what follow-up measures are anticipated to implement the recommendations of this investigation.
7. Equality of opportunity and treatment irrespective of race, colour and national extraction. The Committee notes the report of the Cabinet Office Strategy Unit entitled "Ethnic Minorities and the Labour Market" (March 2003). It notes from this report that, while some groups are doing well in schools and on the labour market (Indians and Chinese), other groups such as Pakistanis, Bangladeshis and black Caribbeans experience, on average, significantly higher unemployment and lower earnings than whites. It also notes that there is evidence showing that all ethnic minority groups are not doing as well as they should be, given their education and other characteristics. The Committee notes that the report calls for the Government to establish a new framework of action including targeted measures on schools, jobs, housing and discrimination, and that the aim should be that in ten years’ time, ethnic minority groups living in Great Britain no longer face disproportionate barriers to accessing and realizing opportunities for achievement in the labour market. Noting the Prime Minister’s statement that the Government has accepted all of the report’s conclusions and that it will work towards their implementation, the Committee asks the Government to provide information on what follow-up measures have been or will be adopted to ensure that ethnic minorities in Great Britain enjoy equal opportunity and treatment in employment and occupation. Noting also the report’s statement that the responsibility for implementing this strategy does not solely rest with the Government, the Committee asks the Government to indicate how it is cooperating with workers’ and employers’ organizations to promote the acceptance and observance of its policies.
8. National machinery to promote equality. The Committee notes the Government’s plan to create a single body to combat discrimination and promote human rights. It notes that the proposed Commission for Equality and Human Rights would assume the responsibilities of the current equality Commissions and undertake work in respect of all the major pieces of discrimination legislation. The Committee asks the Government to provide information on its progress towards creating a single equality commission and to indicate how this new body would strengthen the promotion and achievement of the principle of non-discrimination in employment and occupation.
9. Article 3(d). Equality of opportunity and treatment in the public service - Great Britain. With respect to the Government’s commitment to achieving its diversity agenda targets for 2005 in the civil service, the Committee notes that, in 2003, women occupied 23.9 per cent of the top management posts (25 per cent target) and accounted for 27.5 per cent of senior civil servants (35 per cent target). In this respect, the Committee notes the Government’s numerous initiatives to promote women in the civil service, particularly through the public service agreement "Delivering on Gender Equality", along with the introduction of a duty for public bodies to promote equality of opportunity on the basis of sex. With regard to racial diversity, the Committee notes that the total percentage of racial minorities in the civil service reached 8.1 per cent in 2003. Unfortunately, the Government does not indicate what percentage of these minorities is employed in senior jobs or what further measures are being contemplated to promote equal opportunity and treatment in the public sector for minority employees. The Committee requests the Government to continue providing statistics on the numbers of employees in the civil service disaggregated by sex and race for each occupational category and grade. Please also provide detailed information on the progress and results of the initiative "Delivering on Gender Equality" and the creation of a duty to promote gender equality in the public sector. In addition, please include an assessment of the effectiveness of the duty under the Race Relations Act (Schedule 1A) obliging designated public authorities to promote race equality in employment and occupation.
10. Northern Ireland. The Committee notes the 2003-04 report from the Equality Commission for Northern Ireland (ECNI) on the implementation of equality duties under section 75 of the Northern Ireland Act, 1998. It notes that the ECNI report covers 167 public authorities and that, among these public bodies, 72.5 per cent indicated that they believed their work on implementing the statutory duties had produced positive benefits for individuals from various equality categories covered by section 75. It notes, however, that only half of the respondents (57 per cent) reported increased equality of opportunity for people of different religious belief and that less than half (42 per cent) reported such an increase for people of different political opinion. In this regard, the Committee asks the Government to continue providing information on the implementation of equality schemes by Northern Ireland public authorities and to indicate what measures are in place or planned, including affirmative action, to promote equality of opportunity and treatment in the public, as well as the private sector. Please also keep the Committee up to date on the status of the single Equality Bill for Northern Ireland and the practical significance of this initiative for workers with respect to equal opportunity and treatment in employment and occupation.
11. Article 3(e). Vocational training under the direction of a national authority. The Committee notes the Learning and Skills Council’s (LSC) race equality scheme for 2005-08. It notes that, among the continuing challenges identified in the LSC report, there remain inequalities in the participation, retention and achievement rates between learners of different ethnicity and an under-representation of black and ethnic minority young people in work-based learning and apprenticeships. Noting the Council’s ambitious programme of activities over the next three years, the Committee asks the Government to provide information in its next report on the measured progress made towards achieving the goals identified by the LSC to ensure non-discrimination in vocational training.
12. Article 4. Activities prejudicial to the State (Great Britain and Northern Ireland). The Committee notes the Government’s indication that it is unaware of any national security cases involving the exception under section 52 of the Sex Discrimination Act. The Committee recalls from its previous comment that a number of other equality instruments include similar national security exceptions (Race Relations Act, Sex Discrimination (NI) Order and the Fair Employment and Treatment (NI) Order). The Committee, therefore, asks the Government to provide information on the practical application of the national security provisions under these other statutes and whether any corresponding reviews have been sought in the context of employment and occupation.
The Committee notes the information in the Government’s first report on the Convention, as well as the attached documentation and statistics.
1. Article 1 (Great Britain and Northern Ireland). The Committee notes that the Human Rights Act, 1998, which applies to Great Britain and Northern Ireland, gives effect to the rights and freedoms guaranteed under the European Convention of Human Rights and Fundamental Freedoms (ECHR), including the enjoyment of rights and freedoms without discrimination on the basis of, amongst others, sex, race, colour, religion, political or other opinion, and national or social origin. It also notes that the Race Relations Act, 1976 (RRA), the Race Relations (Northern Ireland) Order (RRO (NI)) of 1997, the Sex Discrimination Act, 1975 (SDA), and the Sex Discrimination (Northern Ireland) Order (SDO (NI)) of 1976 prohibit direct and indirect discrimination on the basis of racial grounds and sex, respectively, and that the Fair Employment and Treatment (Northern Ireland) Order (FETO) of 1998 prohibits discrimination on the basis of religious belief and political opinion, in employment and occupation, vocational training and related matters in the public and private sectors. It also notes that the definition of "racial groups" includes "race, colour and ethnic and national origin (and Irish Traveller Community for Northern Ireland)".
2. Considering that the Human Rights Act, 1998 only provides for a general protection from discrimination with respect to the rights and freedoms guaranteed in the ECHR, the Committee notes that there is currently no legislation in place to prohibit discrimination in employment and occupation on the basis of religion, political opinion (Great Britain), and social origin (in Great Britain and Northern Ireland). It notes, however, that new draft regulations prohibiting discrimination based on religious belief in employment and occupation are being discussed for Great Britain and are to be adopted in 2003. The Committee welcomes these legislative developments and asks the Government to provide a copy of the new regulations, once adopted. It also requests the Government to indicate the manner in which protection from discrimination is ensured in employment and occupation on the basis of political opinion and social origin in Great Britain, and on social origin in Northern Ireland.
3. The Committee notes that section 4(3) of the RRA, section 6(3) of the RRO (NI) and section 70(1)(b) of the FETO exclude employment for the purpose of private households from the protection from discrimination, except in cases of discrimination by way of victimization. Furthermore, section 71(1) and (2) of FETO provides that the Order does not apply to the employment of schoolteachers, but that the Equal Opportunities Commission (EOC) shall keep this exception under review with a view to considering whether it is appropriate that any steps be taken to further equality of opportunity in the employment of teachers in schools. The Committee requests the Government to provide information on how protection from discrimination on the basis of racial grounds, religion and political opinion is ensured for these workers and whether it intends to amend the RRA, the RRO (NI) and the FETO to include private households and schoolteachers. It also requests information on any measures, including legislative amendments, proposed by the EOC (NI) to further equality of opportunity between teachers of different religious belief.
4. The Committee notes that section 17(1) seems to exclude from the coverage of the SDA, discrimination against police officers (including sexual harassment) by other police officers than the Chief Constable or the police authority. It also notes that section 17(2) provides that regulations under the Police Act of 1996 shall not treat men and women differently except "in relation to pensions or in respect of special constables or police cadets". The Committee requests the Government to indicate whether it intends to amend the SDA, and in the meantime, to provide information on the practical application of section 17(1) and (2) of the SDA with regard to the provisions of the Convention.
5. The Committee notes that section 1(2) of the SDA allows for a much broader interpretation of the concept of indirect discrimination than the one included in section 1(1) of the RRA, and includes provisions shifting the burden of proof in prima facie cases of discrimination. Noting also that new draft regulations on racial discrimination in Great Britain and draft amendments of the SDO (NI) aim to introduce similar provisions, the Committee asks the Government to provide copies of those amendments, once adopted, and to keep it informed of any similar amendments to the RRO (NI) and FETO.
6. Article 2 (Great Britain). The Committee notes that statutory bodies have been established under the RRA (Race Equality Commission (REC)) and the SDA (Equal Opportunities Commission (EOC)) which have the mandate to work towards the elimination of discrimination and the promotion of equality of treatment and opportunities. The Government indicates in its report that the REC and the EOC have developed, respectively, a code of practice on sex discrimination and a code of practice on racial relations. The Committee requests the Government to continue providing information on the activities of these statutory bodies and to provide practical information on the manner in which the codes of practice have been used by the civil service, trade unions, employers and employment agencies in promoting the application of the Convention.
7. Furthermore, the Committee notes that section 71(1) of the Race Relations Act imposes a positive duty on specified public authorities (Schedule 1A of the RRA) to eliminate unlawful discrimination and to promote equality of opportunity between persons of different racial groups. The legislation affects both the services that the authorities provide as well as their internal employment policies, and is enforceable by way of judicial review. Noting that no similar duty exists with respect to the elimination of sex discrimination, the Committee asks the Government to indicate whether it intends to extend such a statutory duty to sex discrimination and to provide information on the effectiveness of the duty in promoting race equality in employment and occupation.
8. Northern Ireland. The Committee notes that the Equality Commission for Northern Ireland has additional powers to promote affirmative action and identify and review patterns of employment and occupation with respect to religious belief and political opinion. Furthermore, section 75 and Schedule 9 of the Northern Ireland Act place a statutory obligation on public authorities to carry out their functions with due regard to the need to promote equality of opportunity, among other things, between persons of different religious beliefs, political opinion or racial group, and between men and women. It notes that under section 2 of Schedule 9 of the Act, the relevant public authorities have the obligation to submit equality schemes on how they intend to fulfil their obligations under section 75 of the Act. The Committee asks the Government to provide information on any measures taken, including affirmative action, and any equality schemes adopted by relevant public authorities in the field of employment and vocational training to promote equality of opportunity and treatment as well as information on any resulting measures adopted.
9. Article 3 (Great Britain). The Committee takes note of the Government’s statement that while the number of women and racial minority staff employed in the civil service, including the senior civil service, has increased, equal representation of men and women and racial minority staff does not exist at all levels, and racial minorities and women are concentrated in the lower grades; the proportion of racial minority staff at senior level was 2.1 per cent in 2000. The Government indicates that the civil service has set a target for women to make up 35 per cent of the most senior jobs in 2005 and a target of 3.2 per cent has been set for racial minority staff. The Committee notes the measures taken by the Government to bring in more people from racial minorities at senior levels, including the Government’s Civil Reform Programme and the Government’s Diversity Agenda, and it would be grateful if the Government could continue to provide information on the progress made under these programmes, especially with respect to the target sets for the employment of women and racial minorities in higher level posts in the civil service.
10. The Committee notes that data from the Labour Force Survey of 2000 on the employment of women and racial minorities show that white adults remained more likely in employment than adults from racial minority groups (75 per cent compared to 58 per cent) and that overall, women’s employment rate is lower especially amongst the Indian and Pakistani minorities. Statistics also show that people from racial minority groups (Bangladeshi, Pakistani and Black Caribbean) are under-represented in managerial and professional occupations and that most racial minority groups remained over-represented in unskilled or semi-skilled manual occupations. Furthermore, women’s activity rates remain significantly lower than men’s due to the impact of home and family commitments on women’s participation. In addition, the Committee notes from a study published by the EOC on "Women and Men in Britain" that there exists a pronounced pattern of gender segregation in different industrial groupings and occupations, including managerial occupations where women still comprise less than a quarter of executives and only one in ten company directors. Female employment is concentrated in service industries (88 per cent) and non-manual occupations. Men are overwhelmingly concentrated in full-time jobs and large numbers of women work in part-time jobs (83 per cent of the part-time employees).
11. The Committee notes the various policy measures listed in the Government’s report targeted at disadvantaged groups in the labour market as well as the many series of initiatives undertaken by the Government, in cooperation with the social partners, especially the employers, and the EOC and the CRE to promote racial diversity and equal opportunity between men and women in employment and occupation. It notes in particular: (1) "Opportunity Now" that aims to look critically at the position of women employees and set targets to increase women’s representation at all levels of the workforce; (2) the guides for employers on racial diversity and sex discrimination, including sexual harassment and maternity rights; (3) the Policy Appraisal for Equal Treatment (PAET) and Gender Impact Guidelines for government departments; and (4) the Project of the Performance Innovation Unit (PIU) to increase participation of racial minorities in the labour market. The Committee requests the Government to continue to provide information on these and other measures taken or envisaged to promote racial diversity and equality of opportunity and treatment in employment between men and women, as well as on the manner in which they open a wider range of employment and occupation opportunities for women and racial minorities, including in managerial posts.
12. With respect to the situation of part-time workers, the Committee notes the high percentage of female part-time workers (more than 80 per cent of the part-time workers). It also notes that section 19 of the Employment Rights Act, 1999 provides that part-time workers will not be treated less favourably than comparable full-time workers unless different treatment is objectively justifiable. The Committee requests the Government to provide examples of different treatment of part-time workers that is "objectively justifiable" and to provide information on how it addresses indirect discrimination against part-time workers.
13. With respect to vocational training, the Committee notes that the available data indicate that participants from certain racial minority groups (Black African/Caribbean minorities) are less likely to obtain a job after having participated in existing training programmes. The data also indicate that apprenticeships and vocational training programmes generally reflect gender stereotypes and occupational segregation. The Committee notes the various initiatives described by the Government to promote equal opportunities for all in vocational training. It notes in particular that in 2001 the learning and skills councils (LSCs) prepared equal opportunities strategies and action plans to address under-representation and under-achievement in post-16 learning and that in 2002 the Government established centres of vocational excellence (CVEs) which have to ensure fair treatment for all. Noting also that an equal opportunities code of practice was produced for national training organizations (NTOs), the Committee would be grateful if the Government would supply copies of the code and the action plans of the LSCs, and provide information on the manner in which the training provided by the NTOs and the CVEs is opening up a broad range of occupations, free from considerations based on stereotypes or archaic conceptions that specific trades or occupations are supposedly reserved for persons of a particular sex or ethnic group.
14. Northern Ireland. The Committee notes that according to the 1999 Labour Force Survey Religion Report for Northern Ireland a higher proportion of Protestants (71 per cent) than Roman Catholics (62 per cent) of working age were in employment, with a higher proportion of men being employed than women (76 per cent of men and 65 per cent of women Protestants - 69 per cent of men and 55 per cent of women Roman Catholics). Data provided on the religious composition in nine major occupations for 2001 also show that only 38.9 per cent of Roman Catholics compared to 61.1 per cent of Protestants were managers and administrators and that the representation of Roman Catholics is the highest in elementary occupations. The Committee notes that the FETO requires certain private and public sector employers registered with the Equality Commission of Northern Ireland to submit monitoring returns, and that it allows employers to take affirmative action to promote equality of opportunity and treatment between different religious groups in the field of employment and occupation. Noting also that public authorities in Northern Ireland have the duty to submit equality schemes, the Committee requests the Government to indicate the manner in which these measures are promoting or securing equal participation in employment and vocational training of members of the Protestant and Catholic community.
15. Article 4 (Great Britain and Northern Ireland). The Committee notes the Government’s statement that "United Kingdom policy provides that any person who constitutes a threat to national security, safeguarding parliamentary democracy and maintaining the proper security of the Government’s essential services, should not be employed in connection with any work, which by its nature, is vital to the interests of the State". The Government indicates that a national security vetting (screening) system is in place to provide assurance about individuals with access to sensitive government information or assets. After having exhausted internal avenues of appeal, individuals can have recourse to an independent security vetting appeals panel. The Committee notes further that section 42 of the RRA, section 41 of the SDO, section 52 of the SDA, section 53 of the SDO and section 79 of the FETO provide that, an act justifiably done for the purpose of safeguarding the security of the State, shall not be unlawful discrimination, when the act is justified for that purpose. Persons who wish to appeal against the invocation of the national security exception can do so via employment tribunals or the industrial tribunals. Further, section 19B of the RRA prohibiting discrimination by public authorities, excludes the Security Service and the Secret Intelligence Service from its application. The Committee requests the Government to supply information on the practical application of these provisions as well as on the United Kingdom policy on national security, including information on the number of persons who have sought review of decisions based on the national security exception in the context of employment and occupation and the results of the reviews.
16. The Government is encouraged to supply information on any judicial decisions by the employment tribunals and industrial tribunals on cases of discrimination in employment and occupation on the grounds covered by the Convention, as well as any discrimination notices issued or investigations conducted by the various statutory bodies responsible for the elimination of discrimination and promoting equality of opportunity and treatment in employment and occupation. The Committee notes that, according to the Government, there is no power to award compensation for unintentional indirect discrimination in employment cases. It requests the Government to supply information on how victims of indirect discrimination (which is almost always unintentional) are compensated for violations of the provisions prohibiting indirect discrimination.