Coalition packs equality duty review with friendly faces

The panel set up to review a vital piece of equality legislation has been packed with Conservative and Liberal Democrat politicians, adding to fears of a new government assault on disabled people’s protection from discrimination.

The government also appears to have failed to include any disabled equality experts on the 11-strong review panel.

The review of the public sector equality duty (PSED) was announced by the government in May this year when it published the equalities section of its “red tape challenge”, which is looking at the “bureaucratic burdens” of legislation on business.

Leading disability rights figures have been warning that key parts of the country’s equality legislation are under threat from the government, and even fear that the coalition wants to scrap the PSED altogether.

The PSED forces public bodies – such as councils and government departments – to have “due regard” to the need to eliminate discrimination when forming policies.

The new review panel, expected to report in April 2013, is being chaired by the former Tory MP Rob Hayward, a former board member of the gay rights organisation Stonewall, who is joined by three Liberal Democrat and Tory local politicians, and Dr Munira Mirza, deputy mayor for education and culture for the Conservative mayor of London, Boris Johnson.

Another member is Rachel de Souza, the head of a high-performing academy school in Norfolk, who won praise from right-wing commentators by bringing in former members of the armed services to keep her school open in November 2011 when teachers were striking over their pensions.

De Souza was also one of four school leaders invited to Downing Street for a meeting with David Cameron and his education secretary Michael Gove in January.

There are two senior civil servants on the panel, Jonathan Rees, the director general of the Government Equalities Office, and Charlie Pate, a senior Treasury official.

The other three members are Stephen Otter, the former chief constable of Devon and Cornwall police; Paula Vasco-Knight, the chief executive of an NHS trust and national equality lead for the NHS Commissioning Board; and Baroness O’Neill, recently appointed by the government to chair the Equality and Human Rights Commission.

Last month, David Cameron, the prime minister, claimed judicial reviews, public consultations and equality impact assessments (EIAs) were slowing the pace of government reforms, and announced that he was “calling time” on EIAs and “all this extra tick-box stuff”.

His comments led Sir Bert Massie, who chaired the former Disability Rights Commission, to warn that the PSED, the Equality Act and the whole equality agenda were “under threat”.

As well as the equality duty review, which has been brought forward from 2015, the government has already slashed the budget of the Equality and Human Rights Commission (EHRC), and delayed the implementation of discrimination laws that were due to be introduced as part of the Equality Act.

A Government Equalities Office spokeswoman said the steering group was “not intended to be a politically representative body” but that its members had been appointed “because of their experience across the breadth of the public sector”.

She added: “We will not pre-judge the outcome of the review. We are determined to explore the issues rigorously.”

Asked why there appeared to be no disabled person on the panel, she said: “We have not sought detailed information about individual members’ protected characteristics.

“This is because members were selected because of their experience of the public sector, not because of particular protected characteristics.”

The announcement came as a government report found strong support among businesses for equality laws that prevent discrimination in areas such as recruitment and promotion, although two-thirds of those surveyed admitted knowing nothing about the contents of the Equality Act.

The employers – mostly small and medium-sized businesses – were nearly all supportive of laws that would ban selecting an employee for redundancy on the basis of their sexual orientation (90 per cent), and refusing to promote a woman because her husband practised a particular faith (90 per cent).

But they were less supportive of laws that would prevent an employer refusing promotion to a disabled employee because they had taken a lot of sick leave in the previous year (56 per cent).

The EHRC said the report showed that most businesses “support equality in the workplace as a benefit rather than a bureaucratic burden”.

More than 1,800 businesses across England, Scotland and Wales were surveyed between November 2011 and January 2012.

6 December 2012

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