Equality and Diversity Forum Briefing for the 2nd reading of the
European Union (Withdrawal) Bill
The Equality and Diversity Forum (EDF) is the national network of organisations committed to equal opportunities, social justice, good community relations, respect for human rights and an end to discrimination based on age, disability, gender and gender identity, race, religion or belief, and sexual orientation. Further information about our work is available at Our members can be found here
Executive Summary
This briefing considers the effect of the European Union (Withdrawal) Bill (the Bill) and the risks and opportunities it presents to equality and human rights legislation. It outlines areas where the EDF proposes to support amendments to the Bill which aim to achieve our policy objectives, which are to:
•promote a vision for a modern outward-looking and high standards Britain after we leave the EU, where we can build on current rights to equality, respect and inclusion.
•protect our current equality and human rights protections, and ensure there can be no process for them to be changed without appropriate parliamentary scrutiny and involvement of citizens and civil society.
•ensure that all future legislation embeds rights to equality on a constitutional basis.
The UK has a strong tradition of protection for equality and human rights which has been further bolstered by EU legislation and caselaw. We believe that the Bill should protect and advance equality and human rights in the UK and requires further clarity to –
•Rule out the use of delegated powers to amend or limit equality and human rights laws,
•Ensure that the use of delegated powers has proper and appropriate parliamentary scrutiny,
•Include a principle of non-dilution of equality and human rights in the Bill,
•Retain the protections of the EU Charter of Fundamental Rights,
•Introduce a constitutional right to equality,
•Ensure that Courts consider whether it is appropriate to take account of EU law when construing or applying law relating to equality and human rights.
Protection from use of delegated powers
The EDF considers that the Bill has very wide and extensive delegated powers. It should explicitly rule out the use of delegated powers to make changes to equality and human rights law. This would ensure that Parliament retains the right to scrutinise any changes to the UK’s equality and human rights laws by requiring that such changes be made by primary legislation rather than delegated powers.
The EDF considers that a new House of CommonsParliamentary sub-committee should be set up specifically to scrutinise the delegated legislation arising from the Bill and to recommend the level of scrutiny each regulation should receive as it progresses through Parliament.
Non-dilution of equality and human rights law
The Bill should set out a clear principle that leaving the EU should not mean that equality and human rights law is diluted.
The Government’s commitment to continue to ‘protect all the protections covered in the Equality Act 2006, the Equality Act 2010 and equivalent legislation in Northern Ireland will continue to apply once the UK has left the EU’ is welcome. The Bill needs to make this explicit on the face of the Bill.
Constitutional right to equality
The Bill should include a constitutional right to equality on the face of the Bill. Currently, most of our equality law is underpinned by EU law so that our domestic law cannot fall below the standard of EU law. This is an important guarantee of minimum levels for equality rights. It has been used to enable workers to claim equal pay for work of equal value and to ensure that pregnant workers’ rights are protected. When we leave the EU we will lose this additional layer of protection of our rights and freedoms.
Parliament could turn this loss into an opportunity to cement our commitment to being a world leader on equality by creating a constitutional right to equality. This would provide certainty and predictability in the future.
Courts’ consideration of EU law
The EDF considers that a clause is needed in the Bill to clarify when and how the Courts can take into consideration developments in EU law after the UK has left the EU. We suggest that the Bill should provide that the Courts should consider CJEU caselaw when a doubt arises as to the construction or application of any law relating to equality or human rights.
For further information please contact Liz Shannon
Equality and Diversity Forum, 4 September 2017
Equality and Diversity Forum, Tavis House, 1-6 Tavistock Square, London WC1H 9NA
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