Supplementary Memorandum from Kate Bennett, Director, Equal Opportunities Commission Wales
(Appendix not printed)
Thank you for arranging for me to give evidence to the Richard Commission this morning. I found it enormously interesting.
After the meeting, Viv Sugar asked me about some information Naz Malik had supplied to the Commission, and which AWEMA has also published in its April Newsletter. This is to the effect that the Assembly does not actually have the power to promote equality.
I found this suggestion extraordinary. Indeed I believe the Assembly has this power, and further is actually required, by Section 120 of the GWAct, to promote equality. The Counsel General was very clear about this in his paper of 12 January 2001 to the Committee on Equality of Opportunity. For ease of reference I have attached this paper and would, in particular, draw attention to the following extract from the final para.
It stands to reason that as the Assembly is under a duty to promote equality of opportunities for everyone that it will wish to ensure insofar as it reasonably can that those with whom it enters into contracts in relation to its business and functions adopt similar standards. Otherwise, the Assembly is at risk of being criticised for not complying with its own statutory obligations.
The whole approach of the Equality Committee and indeed the WAG has been based on the premise that the Assembly is required to promote equality of opportunity for all people. Our research report " An Absolute Duty" outlines how this duty has been implemented - copies sent to you today for Commission members.
At no time have I heard any suggestion that the Assembly is not required to promote equality, nor have I heard anyone suggest that Winston Roddick's view is mistaken, has changed or has been overtaken by events. There have been questions in Parliament about whether the Welsh duty to
promote equality should be extended to the UK.
I am concerned that some mis-information may have been supplied to Naz, or perhaps there has been a misunderstanding. It is of course possible that there has been some major development of which I (and Will Bee) are unaware and obviously if this is the case I stand to be corrected.
I would be grateful if you could also pass this e-mail on to Viv Sugar and Lord Richards - and other members if you think appropriate - as I am very concerned that they should be as well informed as possible on this important matter, which is one of the most exciting and distinctive aspects of the devolution settlement.
I will of course be following this matter up with Naz, with the EPU and with the Committee Secretariat. If I unearth new information I will send it to you directly. If you are supplied with anything authoritative that contradicts what I am sending you, I would be extremely grateful if you
could pass it on to me.
Kate Bennett Director of EOC Wales Equal Opportunities Commission
23^rd May 2003