Devolution and Gender Equality in Northern Ireland, Scotland and Wales

Legislative Arrangements

Northern Ireland

Northern Ireland Act 1998: all designated public authorities in Northern Ireland in carrying out their functions were obliged to pay due regard to the need to promote equality of opportunity across 9 strands (age, caring status, disability, gender, marital status, race, religion, political opinion, sexual orientation)

All designated public bodies had to produce equality schemes, the contents of which are governed by a schedule to the legislation (schedule 9), which effectively says that an equality scheme should set out how a public authority proposes to fulfil the duties imposed by Section 75 - the duties are set out in S75 of the Northern Ireland Act.

Equality Commission (ECNI): independent public body established under 1998 Northern Ireland Act.

ECNI's enforcement role: to keep the effectiveness of the duties under review, to offer advice to public authorities and others in connection with the duties, and carry out the functions set out in schedule 9, which include, for example, undertaking investigations of alleged breaches of equality scheme.

Regulations for Northern Ireland under the Equality Act 2006: OFMDFM (First and Deputy First Minister) may by regulations make provision about discrimination or harassment on grounds of sexual orientation (same in 2006 Act); separate from Wales, Scotland and England.

Wales

Equality Act 2006: Welsh Assembly has the right of consultation from the British Secretary of State before making an order under certain subsections. Part 4 of Act: Public Functions: Sex Discrimination - Secretary of State must consult Welsh Assembly before making an order under certain subsections in respect of a person exercising functions in relation to Wales.

Gender Equality Scheme: Welsh Assembly Government wants to be recognised for providing an exemplary service to women and men in Wales by developing strategies and policies that are effective and outcome focused.

Developed a GES which runs from April 2007 to March 2008, after which a Single Equality Scheme will combine their equality duties agenda. It will integrate equality and diversity into the development of policies and programmes and lead to a more joined up and cross-strand approach. Voluntary action by Welsh Assembly.

Government of Wales Act 2006: Under Section 77, Welsh Assembly has a unique statutory duty to ensure that equality of opportunity is embedded in its work. This applies to all people and all the devolved functions of government; elected representatives and Government officials are required to mainstream equality in their work.

Scotland

Equality Act 2006: Scottish Parliament has right of consultation from British Secretary of State before making an order under certain subsections.

Specific Duties under 2006 Act, Public functions: Sex Discrimination - certain exemptions and rights of consultation with Secretary of State.

Prohibition of Female Genital Mutilation (Scotland) Act 2005: Act of the Scottish Parliament to restate and amend the law relating to female genital mutilation and to provide for extra-territorial effect.

Reservations under Scotland Act 1998: i.e. British Government reserves authority on equal opportunities, except for “the encouragement (other than by prohibition or regulation) of equal opportunities” which allows the Scottish Parliament to require certain public authorities and office-holders to have due regard to equal opportunities requirements.

EHRC in Scotland: Scotland has a dedicated Scotland Committee and Commissioner for Scotland.

WNC/08/03/05