Publications

NIHRC response to The Executive Office’s consultation on the Review of the Race Relations (NI) Order 1997

Date produced June 2023.

Below is a summary of our recommendations and messages.

You can also download the full document through the links provided.

• The NIHRC recommends that, to ensure a human rights-based approach to racial equality, the Executive Office undertakes meaningful engagement with individuals affected and their representative organisations at every stage of the process. This should extend beyond this public consultation, to include planning, design, implementation and evaluation.
• The NIHRC advises that, to ensure compliance with Windsor Framework Article 2, any changes to the Race Relations (NI) Order 1997, or equivalent, are compatible with the EU Race Equality Directive and relevant CJEU jurisprudence.
• The NIHRC recommends that the Executive Office ensures intersectional multiple discrimination claims in NI are effectively addressed, including by the provision of intersectionality within equality legislation, including the Race Relations (NI) Order 1997, or equivalent.
• The NIHRC welcomes the Executive Office’s proposal to ensure reference to the grounds for racial discrimination is consistent throughout the Race Relations (NI) Order 1997, or equivalent.
• The NIHRC welcomes the Executive Office’s proposal to expressly include human rights principles, such as ‘proportionality’ and ‘legitimate aim’, where relevant within the Race Relations (NI) Order 1997, or equivalent.
• The NIHRC recommends that the Executive Office ensures that guidance is within or supplementary to the revised Race Relations (NI) Order 1997, or equivalent, as to what a legitimate aim is within different contexts.
• The NIHRC welcomes the Executive Office’s proposals to extend the definition of discrimination by way of victimisation. The NIHRC advises that the ECHR’s definition of a victim may offer some guidance in this regard.
• The NIHRC advises the Executive Office to consider a broad definition of victimisation to ensure access to effective remedy in line with the EU Race Equality Directive and Article 47 of the EU Charter.
• The NIHRC welcomes the Executive Office’s proposals to amend Article 54(5) of the Race Relations (NI) Order 1997, or equivalent, and remove the two-month notice period to the Department of Education before a claim of discrimination can be made.
• The NIHRC welcomes the Executive Office’s proposal to extend Article 18 of the Race Relations (NI) Order 1997, or equivalent, to include reference to the ‘responsibility body’ on the basis that a duty holder must adhere to their delegated responsibilities and are held accountable for any violations.
• The NIHRC suggests that the Executive Office reconsiders this proposal. At least, the Executive Office must establish the intended circumstances in which acts are rendered lawful under Article 41 of the Race Relations (NI) Order 1997, or equivalent.
• The NIHRC, in principle, welcomes the proposals to amend Articles 18(1)(a), 18(1)(b) and 18(1)(c) of the Race Relations (NI) Order 1997, or equivalent, to ensure no educational application process or other arrangement discriminates on grounds related to race. The NIHRC recommends that the resulting amendments are informed by human rights standards and considered for compatibility with Windsor Framework Article 2.
• The NIHRC welcomes the Executive Office’s proposals to enhance employment protections and ensure non-discrimination and equality for all workers within the Race Relations (NI) Order 1997, or equivalent.
• The NIHRC recommends that the Executive Office includes sufficient flexibility within the Race Relations (NI) Order 1997, or equivalent, to ensure the full range of protections in place extend to new means of employment as they develop.
• The NIHRC recommends that the Executive Office ensures that, before any amendment is introduced, such as the proposals regarding Article 32 of the Race Relations (NI) Order 1997, further consideration is given to the policy and legal intent of the amendment with a particular focus on safeguards against exploitation for employees.
• The NIHRC recommends that the Executive Office amends Article 40 of the Race Relations (NI) Order 1997, or equivalent, to remove restrictions based on nationality or immigration status on persons being employed in the service of the Crown or certain public bodies.
• The NIHRC welcomes the Executive Office’s proposed amendment to Article 20(A)(1) of the Race Relations (NI) Order 1997, or equivalent. The NIHRC recommends that the Executive Office works with the Department for Communities and Department of Health to ensure that the resulting legislation ensures equal access to healthcare, social security, social protection and social advantage without discrimination in law and practice.
• The NIHRC recommends that the Executive Office ensures that the language used in the revised Race Relations (NI) Order 1997, or equivalent, does not stereotype or stigmatise people, but promotes tolerance and understanding.
• The NIHRC recommends that the Executive Office ensures the necessary amendments are made to the Race Relations (NI) Order 1997, or equivalent, to ensure that the Equality Commission for NI can fulfil its mandate in full and has the necessary resources to do so effectively on a long-term basis.
• The NIHRC recommends that the Executive Office commits to ensuring that to the extent that the EU directives on standards for equality bodies, if introduced, amend or replace the EU Race Equality Directive, the law in NI is amended to keep pace, as required, with that change.
• The NIHRC recommends to the Executive Office that any reform of the Race Relations (NI) Order 1997, or equivalent, provides clarity to victims regarding their right to judicial protection in addition to any such settlements and to clarify that jurisdiction cannot be excluded by private agreement.
• The NIHRC recommends that the Executive Office should clarify more precisely that remedies under the Race Relations (NI) Order 1997, or equivalent, must result in real and effective judicial protection of the rights derived from the EU Race Equality Directive and Article 47 of the EU Charter.
• The NIHRC recommends that the Executive Office considers including within the proposed amendments to Articles 52 and 53 of the Race Relations (NI) Order 1997, or equivalent, that a tribunal has the power to recommend ‘reasonable’ training.
• The NIHRC welcomes the commitment within the proposals to ensure that the Race Relations (NI) Order 1997, or equivalent, imposes a duty on specified public authorities to collect data on racial equality and set racial equality objectives. The NIHRC stresses that this commitment should be delivered as quickly as possible in its entirety.
• The NIHRC recommends that the Executive Office utilises meaningful engagement with individuals that will be affected and their representatives beyond this public consultation to determine whether both descent and caste are directly referenced within the Race Relations (NI) Order 1997, or equivalent. The decision should also be guided by the principle that the resulting legislation should be effective in law and practice.