Overview

The Equality and Diversity (Reform) Bill aims to ban affirmative action policies in public sector recruitment and appointments. It also repeals the Sex Discrimination (Election Candidates) Act 2002, removing any legal basis for encouraging female candidates in elections.

Description

This bill makes it unlawful for public authorities to use any form of affirmative or positive action in recruitment or appointments.

What constitutes "affirmative or positive action"?

The bill defines "affirmative or positive action" as any measure intended to benefit a specific group based on age, sex, sexual orientation, race, nationality, disability, religion, or socio-economic status. This includes setting targets for representation within recruitment or appointments to various positions.

Repeal of Existing Legislation

The bill repeals the Sex Discrimination (Election Candidates) Act 2002, which previously allowed for measures to encourage women's participation in elections.

Legal Ramifications

Any violation of this act by a public authority constitutes a breach of public duty, making it actionable. The definition of "public authority" is consistent with the Human Rights Act 1998.

Government Spending

The bill is expected to reduce government spending by removing the need for programs and initiatives that aim to meet diversity targets in public sector employment. Precise figures are not provided in the bill itself.

Groups Affected

• Public Authorities: Will be prohibited from using affirmative action policies in recruitment and appointments, potentially affecting their ability to achieve diversity targets.
• Under-represented Groups: May experience reduced opportunities for employment within the public sector if affirmative action is no longer permitted.
• Women in Politics: The repeal of the Sex Discrimination (Election Candidates) Act 2002 could make it more difficult for women to secure political office.

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