The frustrating thing about news reports on the Equality Bill is their concentration on the least important – but most political aspects of the Bill. Take the ‘socio-economic duty’. This is a duty placed on public bodies to ‘have due regard’ to the desirability of exercising their functions in a way that is designed to reduce the inequalities in outcome that result from socio-economic disadvantage.
In deciding how to do that the public body must take account of any guidance issues by a Minister.
And that is basically that. There is no discrimination right attached to this – in fact clause 3 makes it clear that the new duty does not give any individual a private law right. In reality it is highly unlikely to ever have any practical effect. The Bill won’t be passed until next year and by the time it comes into force the next election will be on us. Any guidance on the duty is a matter for the next Government. How likely is it that the next Government will be a Labour one?
The fact is that this provision is not really about changing the law at all. It actually does nothing of substance. It is all about political positioning. It allows the Government – not to mention Harriet Harman – to make a political statement about socio-economic equality and draw a clear line between them and the opposition. It’s a good thing to have a political argument about and it’s eye-catching – but it isn’t serious law making. I don’t think its coincidental that the main public sector equality duty is tucked away in Clause 143 of the Bill and yet this one is found in Clause 1. There will be fireworks in Parliament and on the News channel about this provision but we have more important provisions to worry about. Clauses 1-3 we can safely put aside as window dressing.
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