1st Special Report - Enforcing the Equality Act: the law and the role of the Equality and Human Rights Commission: Government and Equality and Human Rights Commission Responses to the Committee’s Tenth Report of Session 2017–19

This is the government's response, published 25 October 2019.

Summary written by Accountability Index from the government's response. It is not the government's own words.

The government welcomes the Committee's recommendations on the EHRC taking more systemic enforcement action, but declines several of its proposals for new legal duties, indemnity, exemplary damages and remedial orders.

• On enforcement bodies, the government "agrees" they are an important part of securing compliance but does "not believe that a further legal duty in this area is the best way to promote compliance". It cites the over 70 national regulators and the operational independence of regulators.
• On indemnifying the EHRC for high-cost cases, the government says the proposal could "create moral hazard" and raise issues around the propriety of public expenditure.
• On harassment duties, the government is consulting and "will withhold judgment" on extending a duty to all forms of harassment until the consultation process has concluded. It has already agreed to introduce a new statutory Code of Practice on sexual harassment.
• On single-sex services, it "plans to publish" non-statutory best practice guidance, and says a statutory code is limited because "there is no case law in this space". On exemplary damages and remedial orders it has "no plans" for legislation.

Read the government's response ↗ Report an error