United Kingdom Equality Commission for Northern Ireland

Date established:

October 1999 (amalgamation of 3 previous Equality Commissions and one Disability Rights Council)

Mode of establishment:

Primary Legislation (Northern Ireland Act 1998)

Status:

Non-Departmental Public Body

Mandate/objectives:

Article 74 of the Northern Ireland Act outlines the functions exercisable by the Equality Commission as those previously exercised by the predecessor organisations. These include as follows:

• Promote equality of opportunity and affirmative and positive action;
• Work towards the elimination of unlawful discrimination in relation to sex, race, disability, religious belief, political opinion, sexual orientation;
• Promote the relations between persons of different racial groups, religious beliefs and political opinion;
• Oversee the effectiveness of the statutory positive duties placed on public authorities under Section 75 of the Northern Ireland Act, and;
• Keep the relevant legislation for which the Commission is responsible under review.

The Commission’s mandate is also included in its financial memorandum with its sponsoring government department and this should be found on our website (www.equalityni.org)

Grounds of Discrimination covered:

Sex; race; disability; religious belief and political opinion; sexual orientation.

Responsibility for age discrimination added in 2006.

Competences and responsibilities:

See ‘Additional relevant information’ below.

Main activities:

• Advice and Information to the public;
• Advice and information to victims of discrimination;
• Formal Investigations;
• Advice and information and training to employers, service providers and a range of NGO networks and organisations;
• Promotion and raising awareness of equality matters;
• Keeping the legislation for which we are responsible under review.

Some examples of major events are as follows:

In relation to assistance to victims of discrimination, the Commission recently won two legal cases brought under the Disability Discrimination Act 1995 in which disabled people were discriminated against in trying to access public services;

In the first instance a blind man from London who was in Belfast for business reasons received a settlement of £500 from a Guesthouse in Belfast.  Mr Gebbels alleged that the guesthouse, which is now under new ownership, refused to accept his booking or allow him to stay there because he used a guide dog.  During the same trip a restaurant refused him service because of his guide dog.  In this settlement the restaurant unreservedly apologized to Mr Gebbels and paid him £750 for significant injury to feelings.  It also agreed to work with the Equality Commission to ensure that its practices, policies and procedures comply with the provisions of the DDA and the Code of Practice.

In the second case, heard before Omagh County Court, a deaf woman was awarded £750 compensation after she was refused an interview with a solicitor’s firm because they would not pay the associated costs of an interpreter.  The Judge held that the company had failed to make reasonable adjustments for the woman and should have been more proactive in this duty.

In relation to our duty to investigate complaints under Section 75 of the Northern Ireland Act the Commission recently investigated a complaint brought by a number of children’s organisations that alleged that the Northern Ireland Office, a key government department, failed to take account of how Anti-Social Behaviour Orders (legislation to kerb anti-social behaviour) might have an adverse impact on young people and children.  The Commission upheld the complaint and has instructed the Northern Ireland Office to undertake a full equality impact assessment on the legislation.

In relation to independent formal investigations, the Commission is currently pursuing a formal investigation in relation to equal access to health provision for people with learning disabilities.

In terms of our powers to promote equality of opportunity the Commission recently sponsored a poetry competition in schools to promote anti-racist attitudes and behaviour and indeed the schools sponsored won an all Ireland poetry competition and received an award for this.

More of this type of information is available through press releases on the Commission’s website as cited above.

Publications:

The Commission has a duty to produce an Annual Progress Report together with expenditure for the relevant year each year and this is laid before Parliament annually.  The Commission also produces a range of publications (from statutory codes of practice to good practice guidelines, policy briefings) on all grounds for which the Commission has a responsibility.  All of these publications can be found on our website as cited above. 

Management:

The Commission has a full-time Chief Executive who is responsible for the day-to-day management of the staff and operation of the organisation.  The Commission also has a full-time Chief Commissioner and a part-time Deputy Chief Commissioner and a board of up to an additional 18 Commissioners who give policy direction and oversee the strategic and financial management of the organisation.

Nomination of senior staff and board:

The Board is elected on a three-year basis by government.  A Commissioner may have his or her term in office extended for only one more term of office (i.e. two consecutive terms of three years per term). In addition, senior staff are appointed by a group of Commissioners and the Chief Executive (and other senior staff as appropriate, dependent on the level of seniority).

Number of Staff:

There are usually approximately 143 staff members.

Budget:

£ 6.33 million STG as approved by our sponsoring government department, Office of the First Minister and Deputy First Minister (OFMDFM).

Accountability:

We are directly accountable to our sponsoring government department, OFMDFM and have a requirement to report annually to Parliament as cited above.

Additional relevant information:

As a Single Equality Commission we have a diverse range of powers, competencies, functions and stakeholders for which we provide a range of information.  More detail is provided on our website.