The CEHR: an integrated approach to equality
The Commission for Equality and Human Rights (CEHR) comes into operation in October 2007. Meg Munn, the minister responsible for overseeing the introduction of the CEHR, talks to Carol Foster about the government's radical approach to equality, which seeks not only to protect discriminated groups, but also to produce a better life for all members of society.
|
The CEHR will have the power to conduct investigations and make recommendations for organisations, sectors or government about how to address the issue of inequalities of outcomes. It will also have a duty to create good relations between communities and to report on progress every three years. Munn says its only criterion for success will be its ability to make real improvements to people's lives. The new commission will have a larger budget than the existing three commissions in recognition of its additional powers and duties. Munn believes the new body will make a difference in four key ways: it will have greater legitimacy; it maximises expertise by centralising it; it provides a stronger voice; and it will amass powerful evidence on the causes of inequality. The minister denies that a hierarchy of
rights is already emerging from the structure of the CEHR. |
"This government is committed to a comprehensive programme of reform that goes beyond tackling individual instances of discrimination," asserts Meg Munn, junior minister for women. "We need to create a new framework to challenge persistent patterns of discrimination and inequality, and promote and protect diversity, good relations and human rights. Fundamental to this reform agenda is the setting up of the Commission for Equality and Human Rights.
"The vision for the new commission is based on the government's view that equality is not a minority concern - it matters to every one of us. At some point in our lives, all of us face barriers that may prevent us fulfilling our potential or participating fully in society. It will be the CEHR's priority to establish that equality, diversity and respect for the human rights and dignity of every person are issues for every man, woman and child in Britain."
The new commission will replace the three existing equality commissions - the Commission for Racial Equality (CRE), the Disability Rights Commission (DRC) and the Equal Opportunities Commission (EOC). It will include the new areas of discrimination on grounds of sexual orientation, religion and belief and age (see Equality Act 2006: a guide for a detailed guide to the Equality Act 2006, which establishes the CEHR).
Integrated approach
Munn states: "We had to choose whether we wanted more bodies to cover the new areas, plus human rights, or to adopt an integrated approach. The sensible thing was to create an integrated approach towards non-discrimination policy. In practice, you have instances of, say, young disabled people, older gay men and ethnic minority women. These issues require complex and integrated - yet different - policy interventions."
As well as the new areas that could not be tackled by the old commissions, Munn points out that there are some issues that are not covered by legislation. She explains: "For example, white working-class boys are underachieving at school. The CEHR will make it easier to look at these issues in the round. As well as having enforcement powers to protect all those who are discriminated against, the commission will be a forceful advocate for the disadvantaged throughout society."
Hierarchy of discrimination
Munn strongly rebuts the suggestion that, rather than creating an integrated body, the initial structure of the CEHR suggests a hierarchy of discrimination. The new commission will be up and running from October 2007, covering all areas except those for which the CRE is responsible. The CRE's remit for race matters will not be transferred to the CEHR until April 2009.
Munn explains: "The CRE raised concerns that race issues would get lost in the new body. It was decided, therefore, that to address their needs, they would join the new commission 18 months later. However, the CRE will work closely with the new body and make sure that its practice is in tune with the CEHR."
In addition, funding for Race Equality Councils (RECs) has been ring-fenced. "RECs were concerned that their role on race issues might diminish with the introduction of the CEHR," states Munn. "However, RECs do a lot of work on race equality issues in local communities. We see them as playing an important role in community relations and the general support of individuals with race discrimination issues."
Similarly, special provisions have been made for a disability decisionmaking committee within the CEHR. Its continuation can be reviewed only after five years. Munn affirms: "We wanted to ensure that there was no regression on current powers and a committee has been set up to facilitate this."
By contrast, the EOC budget for 2006-07 was cut by £750,000 on the previous year, raising fears that this will mean women's issues will not be properly represented when the EOC's function is transferred to the CEHR (see EOC funding cut). Munn argues that this is not a cut, but merely a return to normal funding levels after an exceptionally large grant for the EOC the previous year, when it received £500,000 specifically for work on the new gender duty.
The EOC's grant for 2005-06 was £9.75 million, compared with £19 million for the CRE and £21.7 million for the DRC. The DRC's grant for 2006-07 has also been reduced, by £800,000. The annual budget for the new commission will be £70 million, a 43% increase on that of the three existing commissions. However, it is not clear whether or not the CRE funding until 2009 will be in addition to that amount.
Munn says: "The whole intention of the new body is about inclusion and not about difference. It is about establishing that human rights belong to everyone and not just certain groups. The priority is to set up ways of working that ensure that the needs of everyone are addressed."
She adds: "It is understandable that some campaigners fear possible loss of focus on the issues of greatest concern to the people whose interests they serve. However, the government has been working very closely with our existing equality bodies in developing plans for the new commission. Their support has been, and continues to be, critical to our success."
New powers
Munn is adamant that the CEHR can bring about real change - ensuring that discrimination is tackled and diversity embraced. This will be achieved by a mix of enforcement of the law, alongside a duty to promote and encourage new thinking and best practice in relation to diversity, good relations and human rights.
"As well as inheriting all the powers of the previous commissions, the new body will also acquire strong new powers," maintains Munn. "It will use inquiries to examine and analyse 'problem areas', giving recommendations for organisations, sectors or government about how to address problems where there are inequalities of outcomes."
The CEHR will also conduct investigations. "These will be where the commission has formed a reasonable belief that unlawful discrimination or harassment may have occurred," says Munn. "This may be a court or tribunal ruling of discrimination or complaints combined with research evidence."
New duties
In addition, the CEHR will incorporate innovative new promotional duties, such as a duty to create good relations between communities and powers to monitor hate crimes. Munn considers these to be particularly important: "The duty to create good relations between communities is a new area and continues the work started by the CRE 18 months ago. However, it is important to realise that hate crime does not occur just on grounds of race or religion. This is a much broader problem in society that can relate to, for example, homophobia and people with learning disabilities. I am sure that if you spoke to anyone with learning disabilities, you would find that they had been bullied or harassed at some time in their life."
Munn also draws attention to the CEHR's new statutory responsibility to give a state-of-the-nation progress report every three years. She says: "This will show how Britain is doing on equality and human rights and enable the commission to set outcomes to work towards benchmarks for progress. The report will be a key delivery tool for the CEHR, ensuring that the commission is constantly monitoring its own success and reviewing its priorities."
Outreach
Munn believes that the requirements for the CEHR to have a strong regional presence and to ensure that all groups have an opportunity to engage in its work "will deliver some of the most exciting and productive outcomes". The new body will be expected to work closely with all its stakeholders, including business organisations and small and mediumsized enterprises.
Munn confirms: "There will be new approaches from the outset. For example, there is going to be a strong regional reach, with the majority of staff based in Manchester and a significant presence in London, where government and policymakers are located. There will be robust local involvement, with offices not only in Cardiff and Glasgow, but in every region.
"The work of the new commission is very broad and challenging. The CEHR will have the power to provide grants to bodies working towards the objectives of the commission. We will be looking to see what organisations and groups are available locally to deliver services and advice at ground level on behalf of the CEHR."
Munn argues: "The commission will be the national body to champion equality and human rights and ensure enforcement where necessary. However, I think we can expect to see real benefits by a close collaboration between the national body and regional and local networks already working hard for equality and diversity."
Effective measures
Munn highlights four key ways in which she believes the new commission will make a difference. These are through:
a stronger voice - being a strong advocate and influencer for equality and human rights, with key decisionmakers and the public; and
evidence-based action - building up a powerful evidence base on the causes of inequality to help identify goals and priorities.
Munn proclaims: "The CEHR will not only project a new vision, but must deliver results on the ground. It must make real improvements to people's lives - this will be its only criterion for success. And we are very positive about the outcome."
