When do the duties come into force?
The Race Equality Duty has been in force since 2001, the Disability Equality Duty came into force on 5th December 2006 and the Gender Equality Duty will come into force on 6th April 2007.

Specific Gender Equality Duty
In Wales, the general Gender Equality Duty will be the same as that in England. However, the specific duties are not considered to be strong enough for Wales, especially in respect of Equal Pay. To assist public authorities meet their legal obligations effectively, there will be a set of specific duties. These come into force in April 2007 in England and are set out in the EOC Code of Practice on the Duty.

The specific duties for Wales and Scotland have yet to be finalised. The Welsh Assembly Government will be drafting the specific duties for Wales once a Transfer of Functions Order has been made. The implementation date for the specific duties in Wales is unlikely to be before April 2008.

The EOC’s recommendation, supported by the Welsh Assembly Government is that public authorities in Wales publish a Gender Equality Scheme and include action to close the pay gap between women and men in the Scheme. In the interests of clarity and transparency the Scheme should be accessible to stakeholders.
The Assembly will define the specific duties for Wales in due course, although in the meantime the Code of Practice for England will assist in preparing for the general and specific duties.

Why do the duties exist?
Legislation that purely outlaws discrimination has been in place for over 30 years, yet there are still large inequalities in society and in the workplace. The equality duties signify a change in approach from avoiding discriminatory behaviour, to actively promoting equality and setting in place actions which aim to achieve equality for all groups. Mainstreaming equality within core organisation functions and policies, avoids the marginalization of equality issues, and ensures relevance to the every day work of the organisation.

There is a need to work strategically to challenge inequality, and the duties act as tools through which organisations can put in place the frameworks need to promote equality.

How are the duties enforced?
Any person or body affected by a failure to comply with the general duty by a public authority may take action through judicial review proceedings.

From late 2007, the Commission for Equality and Human Rights (CEHR) will have the power to conduct formal assessments and to issue compliance notices in connection with a breach of the general duty which will be enforceable in the courts.

The CEHR and EOC/DRC will have the power to issue compliance notices in respect of the specific duties.

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