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Discrimination Law Review:

Terms of Reference

The Discrimination Law Review (DLR) will address long-held concerns about inconsistencies in the current anti-discrimination legislative framework. The Review is considering the fundamental principles of discrimination legislation and its underlying concepts. The Discrimination Law Review will consider the opportunities for creating a clearer and more streamlined equality legislation framework, which produces better outcomes for those who experience disadvantage.

This work will begin alongside the independent Equalities Review, which will carry out an investigation into the causes of persistent discrimination and inequality in British society. The Discrimination Law Review will consider the recommendations of the Equalities Review, which reported to the Prime Minister on 28 February 2007.

Key areas of this work will include:

A consideration of the fundamental principles of discrimination legislation and its underlying concepts and a comparative analysis of the different models for discrimination legislation
An investigation of different approaches to enforcing discrimination law so that a spectrum of enforcement options can be considered; An understanding of the evidence of the practical impact of legislation - both within the UK and abroad - in tackling inequality and promoting equality of opportunity;
An investigation of new models for encouraging and incentivising compliance;
Consideration of the opportunities for creating a simpler, fairer and more streamlined legislative framework in a Single Equality Act. Any proposals will have due regard to better regulation principles and take into account the need to minimise bureaucratic burdens on business and public services. A key priority will be seeking to achieve greater consistency in the protection afforded to different groups while taking into account evidence that different legal approaches may be appropriate for different groups.

The Discrimination Law Review will be grounded in a comprehensive analysis of the efficacy of Great Britain's current equality enactments and the requirements of European equality legislation. The Review will not take account of views expressed on interactions between the HRA and the equality enactments.

Building on the model developed for the work to establish the Commission for Equality and Human Rights, the Discrimination Law Review will be led by the Women and Equality Unit in DTI with the close involvement of Ministers and officials in key Departments including the Department for Work & Pensions, the Home Office and the Department for Constitutional Affairs and in the Devolved Administrations.

The Discrimination Law Review Team will regularly update and consult the Equalities Review Panel and the expert Reference Group, co-chaired by the Chairs of the Disability Rights Commission and the Equal Opportunities Commission, as its work progresses. The Team will also engage more widely with key interests, including equality stakeholders, employers, business and trade unions. It will report to the Minister for Women & Equality with close engagement by Ministers across Whitehall, and at official level between the Secretariat to the Equalities Review and the Discrimination Law Review Team.

This will ensure that a full range of views of the reform of the current framework is reflected in any proposals that are brought forward.

The Review will begin immediately. Its anticipated product is a series of proposals for a coherent, modern, outcome-focused framework for this area of the law with a view to bringing forward a Single Equality Bill.

The Government remains committed to establishing the new Commission for Equality and Human Rights in the current timetable with the new body becoming operational in 2007.

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