Enterprise and Regulatory Reform Bill
2012-13
Clause 64
Final stages, April 2013
Contact details:
Ellie Rose, Head of Parliamentary Affairs
020 7832 7850 [email protected]
Amendment to reintroduce Clause 64(1)(a): repeal of the
Commission's section 3 general duty
Key points
 The Equality and Human Rights Commission (the Commission)
has reflected carefully on arguments both in favour and against
repealing its general duty in clause 3 of the Equality Act.
 The Commission's powers derive from other parts of the Equality
Acts and we continue to believe that we would not be prevented
for tackling any issues by the removal of the general duty.
 However, the debate in the Lords and commentary by parties have
underlined the importance which is attached to the general duty.
Many people clearly believe that, both in terms of the perceived
mission and role of the Commission, and the coherence of the
legislation, it is valuable to retain the general duty.
 Unless the government can provide additional robust reasons for
removing the general duty in the current situation, our analysis
suggests the case for removing the Lords' amendment in the
Commons has not been made. The Commission therefore
continues to support retention of the general duty and maintaining
the position established by the Lords.
The Commission's analysis
The Equality and Human Rights Commission has said the amendments
to its statutory basis under the Enterprise Bill will not have a great
practical impact on our work1.
The general duty in clause 3 describes broad, societal aims the
Commission should have a view to in executing its functions. The
Commission's powers and duties are set out in forty-two detailed clauses
in the Equality Act. Our work-plan is guided by analysis of where these
powers can have the greatest impact; and our strategic direction, vision
and values are set by the board following engagement with staff and
stakeholders.
1
See EHRC General Counsel, John Wadham's oral evidence to the Public Bill committee, June
2012:
http://www.publications.parliament.uk/pa/cm201213/cmpublic/enterprise/120619/pm/120619s01.htm
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Having examined carefully the arguments of those who fear repealing
our general duty would inhibit the Commission's future work, we are
confident that this would not be the case.
However, the debate in the Lords and elsewhere has served to
underline the importance which is attached to the general duty. Many
people clearly believe that, both in terms of the perceived mission and
role of the Commission, and the coherence of the legislation, it is
valuable to retain clause 3.
The Commission has considered these issues carefully and reflected
on the arguments in favour of retaining the general duty. We have
also reflected again on the government's view that removing the
general duty would allow the Commission to have greater focus to its
work.
When the government first proposed repealing clause 3 in its March
2011 consultation paper 2, the government said this would allow the
Commission to have greater focus to its work. At the time, the
Commission was beginning extensive reforms, following a difficult
merger in 2007, so this argument had some force. However, as the
Minister has acknowledged 3, the Commission's management has
delivered considerable progress in the interim. The leadership of the
new Chair and board, supported by a restructured staff team, now
ensures there is the focus and priority which the Commission's work
needs.
Unless the government can provide additional robust and current
reasons for removing the general duty, we do not feel the case for
overturning the Lords' amendment in the Commons has been made.
The Commission therefore supports maintaining the position
established by the Lords and retaining its general duty.
2
'Building a fairer Britain: Reform of the Equality and Human Rights Commission', Government
Equalities Office, March 2011
3 See Lords Hansard, 4 March 2013
http://www.publications.parliament.uk/pa/ld201213/ldhansrd/text/130304-0001.htm#13030411000732
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About this briefing
The Equality and Human Rights Commission (the Commission) has a
power under clause 11 of the Equality Act 2006 to advise central
government about the effectiveness of equality and human rights
enactments and the likely effect of a proposed change of law. Under
this provision, the Commission has examined the government’s
proposals to amend the Equality Act 2006 and Equality Act 2010.
The Commission issued full briefings on the Enterprise and Regulatory
Reform Bill for previous stages. These are available at:
http://www.equalityhumanrights.com/legal-and-policy/parliamentarybriefings or from [email protected]
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