Race Relations (Amendment) Act 2000 for the Metropolitan Police Service

Report: 13
Date: 19 April 2001
By: Commissioner

Summary

This report summarises the contents of the Race Relations (Amendment) Act 2000, implications for the Metropolitan Police Service (MPS) and what action is being taken to ensure compliance.

A. Recommendation

The Committee is asked to note the contents of the report.

B. Supporting information

1. The Race Relations (Amendment) Act 2000 came into force on 2 April 2001. The Act arises from the recommendations of the Stephen Lawrence Inquiry Report. It complements the Crime & Disorder Act, which made specific offences of racist violence, as well as the Human Rights Act. The Commission for Racial Equality (CRE), in its third review of the Race Relations Act 1976, proposed that the Act be extended to all public services and that vicarious liability be extended to Chief Officers of Police.

2. The Act 2000 strengthens and extends the 1976 Act, without replacing it. There are two major changes:

(i) Extension of protection against discrimination by public authorities.
This prohibits discrimination, making it unlawful for a public authority to discriminate on racial grounds - either directly, indirectly or by victimisation, in carrying out any of its functions. It applies to private organisations carrying out public duties, for example Group 4 and prisoner escorts. Chief Officers will be liable for all acts of discrimination carried out by an officer, unless it can be shown reasonable steps were taken to prevent this. A public authority is widely defined, in line with the Human Rights Act 1998. There are certain exceptions, relating to parliamentary functions, judicial proceedings, functions of the Security Service and certain functions relating to immigration and nationality.

(ii) Placing a new, enforceable positive duty on public authorities.
This aspect tackles institutional racism in public authorities. There is a General Duty requiring public authorities listed in the Act to have due regard to eliminating unlawful discrimination and promoting equality of opportunity and good race relations between persons of different racial groups when performing their functions.

Specific Duties will be set by the Home Secretary, through secondary legislation, to support the General Duty. These have not been set; they await public consultation, but are likely to be public authority and function specific. They will set out in more detail action needed for authorities to comply with the General Duty.

3. The Home Office published a consultation document regarding the scope and nature of the Specific Duties on 22 February 2001. The document seeks views on proposals to extend the General Duties to those not listed in the Act. Presently, Police Authorities only are included in the Act, but it is proposed to extend this to Chief Officers of Police. The document also seeks views on proposals for the specific duty to assist public authorities fulfil their general duty to promote race equality.

4. The Act empowers the Commission for Racial Equality (CRE) to issue Codes of Practice. The Codes may relate to the General and Specific duties. The CRE published its guidance entitled 'The General Duty to Promote Race Equality' on the 2 April.

5. The CRE are able to enforce the General and Specific Duties, through the service of a 'compliance notice'. This would require the public authority to comply and inform the CRE of measures taken to comply.

In the event that a public authority fails to comply with the Notice, action may be taken by the CRE at the County Court to force compliance. Individuals may take action against a public authority in the County Court. Compliance with the provisions of the Act may be subject to inspection by HM Inspectors of Constabulary.

6. Timescales:

• 2 April 2001 - the Act and the General Duty came into effect
• 15 May 2001 - responses to the Consultation Document received by the Home Office
• Summer 2001 - the CRE will publicly consult on the draft codes
• By November 2001 - the draft Codes will be presented to the Home Secretary for approval of Parliament
• November 2001 - the Specific Duties will come into force
• May 2002 - compliance by public authorities

7. A Steering Committee has been set up which will be chaired by Sue Merchant, Director Operational Policy Support, to consider the implications for the MPS and to facilitate implementation.

C. Financial implications

None.

D. Background papers

• The Race Relations (Amendment) Act 2000
• Report to Consultation, Diversity and Outreach Committee - Race Relations (Amendment) Act 2000 – Implementation Proposals - 27 March 2001)

E. Contact details

The author of this report is Mike Shurety, Personnel Department.

For information contact:

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

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