The Disability Rights Commission, the Commission for Racial
Equality and the Equal Opportunities Commission are publishing
research and guidance – which PIRU described as invaluable – but
not taking enforcement action. In a study period spanning more than
seven years, the civil rights charity found the three Commissions
made no use at all of five enforcement powers and little use of
another five.
Between them, only one 'non-discrimination notice' was served,
by the Commission for Racial Equality on the London Borough of
Hackney in 2000.
The report claims that neglect by the Commissions combined with
difficulties for individuals in taking legal action themselves
helped ensure that the majority of discriminators got away with
committing unlawful acts.
The Commissions will be replaced by a new Commission for
Equality and Human Rights which is due to open in 2007. Its powers
are contained in the Equality Act 2006. But PIRU's 180-page report
argues that the legislation will weaken or remove some powers
available to the current bodies and individuals will have weaker
rights to legal assistance in discrimination cases.
The report's author, Rupert Harwood, said, "The Commissions
neglecting their enforcement powers has meant abandoning some of
the most vulnerable and abused people in Britain."
"The CEHR needs to build on the invaluable work the Commissions
have done and begin the essential work the Commissions should have
done."
Asked about the Disability Rights Commission's efforts on web
accessibility, Harwood acknowledged its 2004 formal investigation
and report which confirmed a poor standard on UK sites. But he
pointed out that it was not a named-person investigation. "They
need to go on and look at what organisations are doing," he said.
"They need to take action and set an example. They should look at
big organisations that should know better."
The report will be available soon at PIRU's website.
