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In May 2004, the UK government published a white paper on the establishment of a single body to promote equality of opportunity and human rights, which will eventually take over the functions of the existing, separate commissions in the areas of race and sex equality and disabled people’s rights.
On 12 May 2004, the Department of Trade and Industry and the Department of Constitutional Affairs published a white paper on the establishment of a new Commission for Equality and Human Rights (CEHR), intended to help achieve a 'fairer, more inclusive Britain'.
The government’s decision to create a single, integrated equality and human rights body was announced in October 2003. Ministers subsequently set up a taskforce made up of representatives of key interest groups, including the CBI employers’ organisation and the Trades Union Congress (TUC), to advise on the detailed arrangements for the new body. Based on the taskforce’s recommendations, the white paper sets out the proposed functions, powers and constitution of the new body.
The CEHR’s functions will include:
The new body will eventually take over the roles of the existing equality commissions - the Commission for Racial Equality, the Equal Opportunities Commission and the Disability Rights Commission. As well as having duties and powers in the areas covered by the existing legislation on equal pay, sex and race equality and disability discrimination, and the Human Rights Act 1998, the CEHR will also take responsibility for overseeing the recent and forthcoming Regulations outlawing workplace discrimination on the grounds of religion or belief, sexual orientation and age, introduced as a result of the EU Directives on these issues (UK0312101N and UK0405102N).
The new CEHR will not be fully operational before the end of 2006 at the earliest. A Bill to establish the Commission will have to be passed by Parliament. There will then be transitional arrangements involving the winding down of the existing commissions on the assumption of full statutory and operational responsibilities by the new body.
The CBI welcomed the government’s announcement of a single equality commission, saying it should offer businesses a 'simpler regime'. However, the employers’ organisation warned that the new body must develop a 'constructive and non adversarial' relationship with business. The CBI deputy director-general, John Cridland, said it was 'vital that the new body is genuinely committed to working with business. Education not litigation is the key, saving businesses tribunal costs and actively encouraging a diverse workforce.' He also expressed concern that the move should not be seen as a stepping stone to a single Equality Act, which employers 'strongly oppose'. He said that 'companies have yet to adapt to the full implications of a mass of new employment legislation. Imposing new obligations would be going too far too soon.'
The TUC had favoured the establishment of a single equality body - and supports a single Equality Act - but wanted a separate new human rights commission to be given responsibility for human rights issues.