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Discrimination

Volume 703: debated on Tuesday 22 July 2008

asked Her Majesty's Government:

Whether United Kingdom anti-discrimination legislation needs to be amended in light of the decision of the European Court of Justice in Case C–54/07 Centrum voor gelijkheid van kansen en voor racismebestrijding v Firma Feryn NV. [HL5016]

We note the judgment of the European Court of Justice in this case, as such decisions can only help to ensure that member states are fully compliant with the directive. The case broadly concerned the enforcement powers that may be required to deal with situations where unlawful discrimination is apparent, but no individual victim has been identified. The Equality and Human Rights Commission is already empowered to bring enforcement proceedings in situations where no identifiable victim has come forward—for example, where it identifies discriminatory advertisements, discriminatory practices or where it otherwise thinks an unlawful act is likely to be committed. Our initial view, therefore, is that our existing legislative framework is compliant. We are, however, considering the judgment in detail and will be analysing it in terms of our wider proposals for the new Equality Bill.