Public authorities should demonstrate equality commitments, proposed new regulations say

The police, health bodies, The Financial Services Authority (FSA), the BBC and local Government bodies are among the organisations that would have to show that they fulfil their public sector duty under the Equality Act, the draft new laws said.

The public sector equality duty, which was introduced into law earlier this year, provides that public organisations must eliminate discrimination, harassment and victimisation. The laws also state that public organisations should give equal opportunities to minority groups regardless of age, disability, gender, race, religion, sex, sexual orientation or whether women are pregnant or on maternity leave.

Public bodies must also "foster good relations" between minority groups and other employees or people that their policies affect, the public sector duty of the Equality Act states.

From 2012 public bodies should have to submit annual reports to prove their continual commitment to the laws, the draft regulations (7-page / 102KB PDF) said.

The reports must include information relating to employees or other people affected by public authorities' policies and practices, the proposed new regulations said. Organisations with fewer than 150 workers do not need to include the information about employees, the draft said.

Most public bodies must publish their initial report by 31st January 2012 although some educational institutions will have until 6th April next year to publish the information, the draft regulations said.

The proposals also state that public organisations must set out at least one objective to fulfil their public sector duty requirements. These aims must be specific and measurable and be published and publically accessible by 6th April next year, the draft regulations state.

Organisations should review these objectives at least every four years, the draft regulations state.

"The publication of this information will ensure that public authorities are transparent about their performance on equality," Lynne Featherstone, parliamentary undersecretary of state for equalities and criminal information, said in a Houses of Parliament statement.

"This transparency will drive the better performance of the equality duty without burdening public authorities with unnecessary bureaucratic processes, or the production of superfluous documents. Public authorities will have flexibility in deciding what information to publish, and will be held to account by the people they serve," Featherstone said.

"The Government is committed to reviewing the working of these regulations in two years' time, to check they are delivering the transparency and accountability that we are seeking, and driving the better performance of the equality duty," Featherstone said.

Featherstone said that the Government will work with the Equality and Human Rights Commission to ensure that organisations receive guidance on how to comply with the draft regulations.

The proposals are expected to be enacted into law before Parliament breaks up for summer recess on 20th July.