Fairness for all: A new commission for equality and human rights

A NIACE response to the Department for Trade and Industry consultation.
Published: August 2004

1. The Department for Trade and Industry White Paper Fairness for all: A new commission for equality and human rights sets out the Government’s proposals for the Commission for Equality and Human Rights (CEHR) in detail, including its role, duties and powers, and outlines the way in which it will deliver to its key stakeholders. It also sets out anticipated next steps towards establishment.

2. This response is from the National Institute of Adult Continuing Education (NIACE). NIACE works to encourage more and different adults to engage in learning of all kinds. Its functions include research, development and consultancy; advocacy to inform and influence public policy; information services and dissemination; campaigning for, and celebrating the achievements of, adult learners. Established in 1921, it is an independent non-governmental organisation, a registered charity and a company limited by guarantee. Its corporate and individual members come from all sectors concerned with adult learning: colleges; local authorities; universities; voluntary and community organisations; churches; broadcasters, employers and unions.

3. NIACE welcomes the opportunity to respond to this consultation. Much of our work is focussed around equality and human rights, including our work on race equality, gender issues, adults with learning difficulties and disabilities, older adults, refugees and other new migrants, neighbourhood renewal and social exclusion. We believe that learning has a key role to play in developing a society where people are informed and supported to develop agency in recognising and exercising their rights, particularly among those adults who are most vulnerable.

4. NIACE welcomes the proposed CEHR and broadly supports the aims and approaches expressed. We believe that supporting active learning about equalities and human rights, and the successful engagement of marginalised groups must be a key task in the work of the CEHR.

5. We believe the CEHR has the potential to move beyond a ‘silo’ approach of single equalities and contribute towards the development of a robust civil society. Although the existing bodies have successfully established themselves over recent years, at present a culture of coherent interplay is too often absent. Issues affecting HIV/Aids; around Asian elders, and around the sexuality of adults with learning difficulties, for example can all benefit from perspectives across the Commission’s concerns.

6. We acknowledge that the proposal for a single equalities commission is viewed by some to be finely balanced. For NIACE, however, the inclusion of human rights within the remit of the CEHR is the overwhelming argument in its favour. At present we believe that with regards to this issue the separate commissions do less apart than they will be able to do together. However we believe that adult learning and staff development has a key role to play in supporting the Government’s strategy in this area.

7. We are concerned that a single equalities commission might result in a loss or dilution of current focus and expertise in one or more areas. In order to protect each of the distinctive elements, we propose the appointment of a ‘whistleblower’ in each of the areas in which the Commission will work. This role would extend beyond simply being an officer within the Commission, and include freedom to speak to Parliament about the Commission’s work in their specialist area.

8. NIACE also has some concerns about the Commission’s ability to deliver across such a broad range of equalities, particularly where some areas are only covered by regulations and not legislation (e.g. age and employability), and some not covered at all (e.g. age and supply of goods and services). While the proposal outlines intent to act in a broad range of areas, we have reservations concerning its effectiveness and capacity to deliver. Without exceptional leadership and management, there is also a danger that a single equalities commission may find it difficult to speak with a clear, coherent voice. Care will need to be taken to ensure that particular groups do not feel disenfranchised or distanced from a single body.

9. NIACE welcomes, within the proposal, the recognition of multiple discrimination. At present there appears to be little collaborative working across the Commissions in this area, where their collective experience could be so effective. For example, there may be issues concerning older people’s ability to receive disability benefits after retirement. Although this is not covered by age regulations, we would be keen for the Commission to consider issues such as these. A single body will also need to ensure that in joining up across equalities, new silos within the Commission are not created.

10. As an England and Wales body, NIACE recognises that since devolution, distinct political and legal contexts for equality and human rights have evolved, and devolved authorities have tackled equality issues as an integral part of their policy making. NIACE welcomes the recognition of the need to work with the Children’s Commissioner for Wales, the Welsh Language Board and the proposed Older People’s Commissioner for Wales, and its consideration of negotiating MOUs with these bodies. NIACE also welcomes the establishment of offices in Scotland and Wales, a Wales Committee, CEHR reports on activities in Wales, and the appointment of a Board member with special knowledge of Wales. The proposals are not clear, however, as to how this person will be appointed or how ‘special knowledge’ will be defined. We believe there is a strong case in having a representative who is currently working in Wales and possesses good understanding of the issues.

11. NIACE would be pleased to elaborate on any matter in this response. In the first instance please contact Fiona Aldridge.

Answering the consultation questions

Question 1: How can the CEHR ensure that all stakeholders have meaningful opportunities to shape its priorities and how it works?

12. NIACE recognises that in order to be effective, the CEHR will need to engage successfully with a wide range of stakeholders, taking account of their views and expertise in the shaping of its priorities. In particular, we believe that there should be a concerted effort to secure the engagement of specialist voluntary and community based organisations such as those with a brief around race, disability etc. Only in this way will these voices be heard alongside the equally legitimate but often louder voices of local authorities, the social partners and the formal education system. Consideration will also need to be given to engaging with advocacy services that represent people unable to speak for themselves, for example people sectioned under the mental health act.

13. In order to engage stakeholders successfully, the CEHR will need to provide support for smaller and more localised organisations. This should include briefings around the full implications of CEHR, particularly in areas where there has traditionally been little or no support around equality issues and areas that have seen the demise of locally based Race Equality Councils. Staff development and capacity building activities will also be essential.

14. NIACE welcomes the current programme of consultation events across the country as a positive way of ensuring participation in the debate. Given the current rise in racism and fascism it is important that issues around the proposed single equality commission are discussed alongside other relevant government strategies such as the Community Cohesion Strategy and Refugee Integration Strategy.

Question 2: Should the CEHR be able to continue support for cases that have drawn on both discrimination and human rights arguments after the discrimination element of the case has fallen away?

15. NIACE believes that the Commission should ensure that there is no hierarchy of discrimination and should have the same powers, including the ability to take forward case law, across all of the equality strands and human rights. The Commission should have enforcement powers in relation to human rights, as many vulnerable people are not in a position to take action in the way the White Paper suggests.

16. While it is important to ensure that accountable bodies operate in accordance with the letter of the law, NIACE also believes that the CEHR should actively promote to non-accountable bodies the social, economic and philosophical benefits of operating in the spirit of the legislation. We believe that the extension of the duty across all equalities to promote good relations between people from different communities is important; as is the duty to make action/implementation plans public.

17. While schools have an obvious role to play in supporting the promotional and preventative role of the CEHR through citizenship, personal, social and health education, NIACE believes that further and higher education also has an important role to play. In particular, organisations with a statutory duty to promote good relations and operate in a pro-active manner, such as universities, colleges and adult and community education services delivered through Local Authorities.

Question 3: What other activities should the CEHR support at local level to further its overall mission to promote good relations between different communities?

18. In order for the CEHR to be effective in gaining the support of local organisations and individuals within neighbourhoods, as well as in undertaking its preventative role, support for locally based initiatives is essential. NIACE welcomes the CEHR’s intention to work in partnership with voluntary and community organisations and local authorities.

19. Given the significant number of residents from black and minority groups living in the 88 most deprived districts in England, it will be important that the CEHR also has a direct working relationship with both Local Strategic Partnerships (LSPs) and New Deal for Communities boards (NDCs). This is especially important in the light of the new CRE publication, which explores the role of accountable bodies on these stakeholders.

20. NIACE believes that lifelong learning has a key role to play in furthering the CEHR’s mission to promote good relations between different communities. We would welcome the development of a pro-active all age education programme, including both formal and informal learning opportunities, to support this.

Question 4: Strategies for working with individuals, businesses and the public sector

21. For individuals, high quality information and advice is essential. It is important that any information and advice provided should be multi-dimensional, recognising the whole individual and the various basis for discrimination. It will, therefore, be essential to ensure that services are provided by the right people and located in the right places.

22. A promotional role to business is essential. The CEHR will need to work closely with the business community to ensure that they are aware of their rights and responsibilities and the pre-emptive and permissible aspects of legislation. This is a step further than simply ensuring compliance, and a dual focus on promotion and enforcement will be important.

23. Supporting public services in a strategic and efficient way is important, particularly given the number of complaints and tribunal cases that come through this sector. The CEHR will be need to provide effective support for those who experience discrimination on the one hand, whilst preventing a flood of industrial tribunal cases on the other. In order to prevent breeches of the law, communication around the legal responsibilities of public authorities will be important. The proposal to do this through a variety of media is a good one. This should include an emphasis on promotion through induction, continuous professional development and an opportunity to share best practise through the CEHR newsletter and website, and in encouraging exchange of staff, visits etc. Partnership activity with trades unions and Sector Skills Councils will be important here.

24. The challenge will be to avoid leaving those who experience discrimination ‘out to dry’ since, in the light of current evidence, some public authorities will take a while to get it right.

Question 5: What other activities should the CEHR carry out at regional level? Is the mixed approach – contracts, partnerships and co-location – an appropriate way to develop the CEHR’s regional presence?

25. NIACE welcomes the proposal of a main office in each of the English regions. Given the vast area that each region covers and the specific nature of communities within the various regions, there will be a need for additional activities around promotion and prevention. Partnership with Local Strategic Partnerships, New Deal for Communities boards, Lifelong Learning Partnerships and Regional Development Agencies would be an effective route into local politics and issues.

26. NIACE supports the intention to partner with and support local networks and mechanisms. Partnership with the voluntary and community sector will be key to enabling support and resources to filter down to local level. In addition, local authorities, schools and colleges also have key contributions to make in supporting the preventative and promotional roles of CEHR.

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