Race relations (Amendment) Act 2000 - Implementation proposals

Report: 12
Date: 27 March 2001
By: Clerk

Summary

This Report is presented to inform Members of the implications of the Race Relations (Amendment) Act 2000 and the consultation process proposed by the Home Office.

A. Recommendations

1. Members note the timescales proposed in paragraphs 3 and 7 of this report.
2. Members approve the recommendations to set up a small work ing group to give comments on the draft response to the APA, to be submitted by 4th May 2001.
3. Committee note the discussions that are underway with the CRE and that a further meeting be arranged with CRE officers and MPA Members and officers to progress this and other key equality matters relating to policing in London.

B. Supporting information

1. The Home Office published the government's proposals for implementation of the Race Relations (Amendment) Act 2000 on 22 February 2001.

2. A Conference to launch the proposals was held on 22 March 2001. Cindy Butts and Julia Smith represented the MPA at this event. Copies of the Home Office Consultation publication has been placed in the Members Lounge and individual copies will be made available to all MPA Members .

3. The Act has important implications for police authorities and other public authorities.

• it makes chief officers and police authorities/service authorities vicariously liable for discriminatory acts by police officers, and;
• it will impose a new 'general duty' on Police Authorities /service authorities to eliminate unlawful racial discrimination and promote equality of opportunity and good race relations in carrying out their functions.

The Government proposes to bring these provisions into force from 1 April 2001.

4. Under the Act, the Home Secretary can additionally impose 'specific duties to underpin the general duties. The Home Secretary's consultation document (Chapters 6 and 7), puts forward proposals for these specific duties, in particular 6.4 and 7.14. These include activities such as, ethnic monitoring of staff recruitment, retention and progression. The MPA already has many of these processes in place but , may need to revise how rigorous these are. Agenda item 6 of this agenda refers.

5. The Act proposes new obligations, such as:

• developing a Racial Equality Scheme, and;
• assessing and consulting on the impact of any policies on the promotion of race equality

6. The Commission for Racial Equality (CRE) is developing codes of practice which are intended to provide practical guidance to authorities on how to fulfil both the general and specific duties. Both specific duties and CRE codes of practice are likely to come into force in November 2001. The MPA, as well as all other public authorities will be expected to comply with them by May 2002.

7. The APA will be preparing a corporate response to the Home Office on the proposed "specified duties" set out in the consultation document. The MPA will need to submit a written response to the APA by Friday 4 May 2001. It is proposed that a small working group compromising MPA Members and officers is established to comment on the draft response developed by officers. The CDO Committee will wish to see that Members from the Human Resources and Professional Standards and Performance Monitoring Committees are involved in such a working group. It is further suggested that one of the Deputy Chairs be invited to the working group.

C. Financial implications

There are no financial implications arising from this report.

D. Background papers

• Home Office – New Laws for a Successful Multi-Racial Britain, Proposals for Implementation (February 2001)

E. Contact details

The author of this report is Julia Smith.

For information contact:

MPA general: 020 7202 0202
Media enquiries: 020 7202 0217/18

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