Implementation issues

• Author: Vickers, Lucy
• Pages: 64-66

64

8 IMPLEMENTATION ISSUES

8.1 Dissemination of information, dialogue with NGOs and between soc ial

partners

a) Dissemination of information about legal protection against discrimination (Article 10

Directive 2000/43 and Article 12 Directive 2000/78)

To a considerable extent the Governments in GB and NI rely on the Equality Comm issions

(including the devolved Commissions in Scotland and Wales) to increase public awareness

of existing anti-discrimination laws and the directives. The GB EHRC and the ECNI publish

a great deal of information about current protection against discrimination which is

available in hard copy from the EHRC and the E CNI, and which is also on the EHRC and

ECNI websites.

b) Measures to encourage dialogue with NGOs with a view to promoting the principle of

equal treatment (Article 12 Directive 2000/43 and Article 14 Directive 2000/78)

As consultation requires a baseline of information, the steps above have served as a way

to facilitate consultation with NGOs.

The UK Parliament’s Women and Equalities Select Committee undertakes inquiries and

publishes information about equalities in the UK. Examples of inquiries are ‘The use of non-

disclosure agreements in discrimination cas es’, ‘Health an d social care and LGBT

communities’, ‘Mental health of men and boys’ and ‘Tackling inequalities faced by Gypsy,

Roma and Traveller communities’.178

There exist in the UK a very large number of NGOs that represent or support particular

groups or communities or special interests and ar e concerned to combat discrimination.

Some receive some financial support from central or local governme nt while most are

dependent on non-government funding. There has been nothing to indicate that

arrangements for consul tation or ‘dialogue’ have been initiated in GB or NI specifically to

meet the requirements of Article 12; it is more likely that the greater attention paid to

NGOs has been to inform Government and to seek to secure wider ac ceptance of its

policies.

There are no formal structures for central (or d evolved) Government dialogue with NGOs,

but there are no barriers to such dialogue. Government departments often establish ad -

hoc groups by means of which Ministers or senior officials can consult with NGOs on difficult

or controversial issues. The positive duties require p ublic authorities to consult on the

equality impact of their policies and practices, which has encouraged gr eater engagement

with civil society and local communities.

Implementation of the Section 75 positive duty in NI has seen widespread consultation

with community groups. In NI, NGOs have established themselves as significant

stakeholders in any discussions on equality issu es. They have played an active role in

consultation on measures to transpose the directives. NGOs act as effective wat chdogs of

the performance by p ublic authorities of their equality duties under Section 75 of the

Northern Ireland Act 1998, which requires public authorities to consult on the equality

impact of their policies and practices, and many NGOs with specialised interests, for

example in disability issues, are more likely t o be listened to within the equality impact

assessment carried out by NI public authorities.

178 See https://www.parliament.uk/business/committees/committees-a-z/commons-select/women-and-

equalities-committee/.