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Legal equality duty for public services should be scrapped, says Badenoch
TL;DR
Kemi Badenoch proposes scrapping the Public Sector Equality Duty, claiming it promotes divisive agendas and legal challenges. The Labour government is countering with a new equality strategy focused on working-class advancement in the civil service.
Key points
- Kemi Badenoch calls to scrap the Public Sector Equality Duty
- The duty is said to promote divisive agendas
- Badenoch claims it exposes public decisions to legal challenges
- Labour government proposes a new equality strategy
- Focus on working-class advancement in the civil service
Rules requiring public bodies such as schools and hospitals to promote equality when making decisions should be scrapped, Conservative leader Kemi Badenoch will say in a speech on Tuesday.
In what the party says is the first step in a wider programme to "restore common sense", Badenoch will argue that the Public Sector Equality Duty has been used to promote "dangerous and divisive agendas".
She will say it has "become a minefield that exposes almost every significant public decision to legal challenge".
The Labour government, meanwhile, is promising a new equality and diversity strategy with a primary focus on getting working class people joining and progressing in the civil service.
Badenoch's speech comes after the murder of Henry Nowak and the police's response fuelled questions about equality policies and laws.
The Conservatives are trying to forge a distinct response from both Labour, who have strengthened equality protections, and Reform UK, who want to go further than the Tories and scrap the Equality Act altogether.
The Public Sector Equality Duty, which applies in England, Scotland and Wales, requires public bodies and bodies carrying out public functions to eliminate unlawful discrimination.
It also states that public authorities should "advance equality of opportunity between people who share and people who do not share a relevant protected characteristic".
Protected characteristics include age, disability, race, pregnancy, sex and sexual orientation.
Government guidance says the duty should "always be applied in a proportionate way" depending on the circumstances of the case and that organisations should avoid an "overly bureaucratic and burdensome approach".
The duty was introduced in 2010 as part of the Equality Act which merged previous anti-discrimination laws such as the Equal Pay Act and the Disability Discrimination Act.
Since its introduction, organisations and individuals have been able to take public bodies to court for failing to abide by the duty.
In 2011, the High Court ruled that Somerset and Gloucestershire County Councils had not complied with the duty when they sought to withdraw funding for more than 20 libraries.
A year later, a court ruled that Devon County Council had failed to meet its duty when setting the fees it pays to private care homes.
Q&A
What is the Public Sector Equality Duty proposed to be scrapped by Kemi Badenoch?
The Public Sector Equality Duty requires public bodies to promote equality when making decisions, which Badenoch argues has led to divisive agendas.
Why does Kemi Badenoch believe the equality duty is problematic?
Badenoch believes the duty has become a legal minefield that exposes public decisions to challenges and promotes dangerous agendas.
What is the Labour government's response to Badenoch's proposal?
The Labour government is promising a new equality and diversity strategy aimed at increasing working-class representation in the civil service.
How does the murder of Henry Nowak relate to the discussion on equality policies?
The murder of Henry Nowak and the police's response have raised questions about the effectiveness of current equality policies and laws.
