Rt. Hon. Jacqui Smith MP

The Commission for Equality and Human Rights

Before I turn to the future and, in particular, the Commission for Equality and Human Rights I think it's worth reflecting on the progress that - together - we've made with both equality and human rights in the last few years.

With new legislation - most recently extending protection against discrimination in employment on the grounds of religion and belief and sexual orientation with age to come - let's not forget the important new protections and rights this will give a wide number of people.

Setting up the DRC and now extending disability rights with a new draft Disability Discrimination Bill;

A new package of rights at work including the right to request flexible working and extensions of maternity leave and introduction of paternity leave - not straight forward equality legislation. They are, of course, about changing the working environment which arguably has served neither men nor women - offering more choice to women to be able to work, offering more opportunity to men to play their role in family and caring.

Public duties: Learning the lessons from Stephen Lawrence's horrific and racist murder, we have introduced a duty on public sector bodies to promote equality of opportunity and good relations between people of different racial groups. A very important step forward in shifting the emphasis in public sector from the need for individuals to demand their rights to placing the responsibility on the organisation/service to identify and weed out institutional discrimination. New public sector duties are included in the draft Disability Bill and we are now engaged in work to implement our longstanding commitment to introduce a gender duty.

And with the Human Rights Act, we have ensured that everyone is able to secure basic standards of dignity, respect and fairness by enabling individuals to access their rights under the ECHR in our Courts.

But we all know that equality and human rights legislation is not enough on its own to bring about both culture change and a real live change in people's experiences.

In 'Fairness for All', our White Paper on the new Commission for Equality and Human Rights, we set out to make the case for the importance of equality, fair treatment and diversity in every area of our society. We have emphasised the need to make these values a central feature of our understanding of the economy, the effective delivery of public services that meet the needs of all of us as individuals, how we live together in our communities and the need to redress the democratic deficit that leaves all our major institutions, and indeed Parliament itself, not truly representative of the people they serve.

We must build on the work of the current Commissions and the many other organisations working in this area. It is their commitment, energy, and dedication to challenging discrimination that has put equality and human rights on the map. But alone, and working separately, these are not enough. There is a powerful case for new approaches to the new challenges we face. That is why I believe the CEHR is so important.

A powerful regulator, and an influential equality and human rights champion - a body that is greater than the sum of its parts - will be the most effective way to ensure we are able to realise our shared vision.

I am more and more convinced that equality and human rights are two sides of the same coin. To achieve respect for the dignity and worth of every individual we have to address adverse impacts or unfair outcomes for one group compared with another. To achieve social justice in a meaningful way we need both.

Making the CEHR a reality will be a big challenge. As we all know, it is not easy to work with others who do not share our specific experiences, our histories, our priorities for the future. It can be frustrating to explain and justify our separate approaches to equality. But, if we are to address the persistent discrimination that so many individuals and groups still face, this is the challenge to which we must rise.

Perhaps the greatest tribute to the work of the EDF is that you have demonstrated it is possible to build a common understanding, without losing sight of your own specific experiences. As the EDF has shown, it is possible to create solidarity and mutual understanding by empathising with experiences different to our own, and to become advocates for each other.

In my view, one of the strongest arguments for the CEHR is that it could create a forum where every community comes equally to the table, where the specificity and impact of different forms of discrimination are understood and acted upon, but where we leave behind the victim culture and empower all of us to become agents in shaping our own destiny. This is a strengthening of our ability to drive change, not a weakening. Working together has to be the way forward.

Which is why - how we get there is as important as the destination we hope to reach.

The CEHR Task Force, which I convened in December of last year, has played an important role in developing the White Paper with us. Like EDF, the Task Force experience shows how engaging and effective working together can be.

Representatives from the existing Commissions, the new equality and human rights strands, from business and trade unions, from Scotland and Wales, and from NGOs working in specific areas of equality and human rights, brought their expertise, experience and knowledge to the table. I hope those of you on the Task Force will feel that many, if not the majority, of your views are mirrored in the White Paper.

That is also why we need to give careful consideration to the process of moving towards the establishment of the CEHR.

I propose, quickly, to establish a Steering Group of representatives from the Commissions, the new equality strands, and human rights, to consider carefully the next steps towards establishment.

As the Task Force emphasised, we need to look at the way in which we provide support to the new regulations that outlaw discrimination at work on grounds of sexual orientation, religion and belief, building on the £1.3 million we have made available to NGOs and statutory bodies this year, to support awareness-raising and guidance for employers and individuals.

We need to prepare for the age legislation that will have such an important impact on how we see our working lives and how employers see - and treat - us post 2006.

As David Blunkett made clear last Wednesday, we must "face down extremism and racism in all its forms if we are to promote a positive, inclusive sense of British identity and citizenship."

Within these considerations, I am aware of the strong concern that has been expressed by Muslim communities about Islamaphobia. Building on the new employment regulations, the White Paper proposes new powers in relation to faith communities on good relations, and the power to promote good practice in relation to the provision of goods, facilities and services, and human rights.

I believe that it is now a matter of urgency to try and provide sustained support for sexual orientation and religion and belief in the transitional phase. I am also attracted to the idea of the vesting of powers to provide the support that these strands actually need in the CEHR board as early as possible. Within that context how that support can best be delivered is something I wish to discuss further.

The timing of the transitional process is also something I want to give further consideration to. Whilst, for the reasons I have stated, I believe it is important to establish the CEHR at an early date, I recognise the need to sustain the ongoing and significant work of the existing Commissions. I intend these considerations to be part of the discussions within the Steering Group.

To be really effective, the CEHR will also need to operate in new and different ways.

In its governance arrangements, the CEHR will need to reflect the communities which have experienced sustained discrimination as well as other stakeholders. All members of the task force agreed that the board should not be organised on a simple representative basis. Also, the nature of race and gender legislation makes it difficult to reserve places for ethnic minorities or women. It would be inconceivable to not have women or black or minority ethnic members on the CEHR Board or indeed those from the new strands. I intend that the legislation establishing the CEHR will make this as clear as possible.

In its first years of operation, I also want to ensure continuity with the existing equality Commissions. That is why I have accepted Trevor Phillips' suggestion of appointing "transition" commissioners from the CRE, DRC and EOC, for a single term.

And we listened to the concerns of disabled people and the DRC, and have reflected the spirit of the distinctive governance arrangements of the DRC in our proposals for the CEHR.

We are hearing the concerns of black and minority ethnic grass roots organisations, through the support we're giving to a series of consultation events across the country organised by the 1990 Trust and in other events taking place as part of the consultation process. I have listened carefully to the arguments about the need for an effective mechanism for delivering on the race relations agenda and proposals to create a race relations committee. These are important and interesting ideas. I want to work together with you to ensure that the voices of minority ethnic communities are properly heard within the new Commission.

Because I'm determined that the CEHR will need to find new and more meaningful ways of working in partnership with others, involving its stakeholders, and listening to many voices. That is why, unlike our existing arrangements, I am giving the CEHR a new duty to consult its stakeholders. I am looking forward to hearing your ideas as to how we can ensure that this duty is both relevant and meaningful.

Let me turn now to another theme in your responses, a theme that has been there right from the beginning of this project. I know many of you are concerned about the imbalance in legislative provision for the new strands, and have made the argument for a Single Equality Act. I also recognise, as the Home Secretary said last week, that the scope of protection from religious discrimination is an issue of great importance, particularly for Muslim communities.

Let me outline my approach to these questions. For me this has never been a closed issue, but to go forward will take time, and I firmly believe that we cannot resolve these issues separately or in isolation. A decision in relation to one area of equality inevitably impacts on others - that, of course, is at the core of the argument for a more coherent and consistent set of equality legislation.

This is a very major debate in which the interests of many different stakeholders must be understood and reflected. This government believes that the CEHR is the right body to take forward these discussions, and one of the first tasks of the CEHR will be to review l the legislative framework to ensure that it meets the needs of a modern Britain, with the aim of bringing forward a Single Equality Act.
Before I conclude I would also like to refer to two other matters that have already been raised in the consultation. The White Paper calls for a strong evidence base on which to build policy. This I think means more than having a strong research function although in my view that will be essential. To develop a strategic plan it will be necessary to identify key indicators and monitor progress against them. I welcome views on how this can be developed.

Finally I repeat the point made in the White Paper we are anxious to look further at appropriate mechanisms to enforce the general public sector duty.

In delivering the CEHR, there will be gains all round - on human rights, on a better suite of powers, on effective support for the new equality strands, on a new approach to engaging stakeholders and communities, on a regional presence, and on new arrangements that properly reflect the devolved nations.

But we should not be complacent. There are many who do not want to make progress on equality and human rights, and who will endeavour to block our path.

You only need to look at the debates in the Lords on the Civil Partnership Bill to see evidence of this. The recent House of Lords amendment that would effectively wreck the legislation was promoted by a group of peers who have opposed every single piece of gay rights legislation that this Labour government has put through. It would have made our plans for Civil Partnership - supported by 83% of respondents in the consultation - unworkable.

We are determined to put this right in the House of Commons, and press on with ensuring that same sex couples get the opportunity to gain legal recognition of their relationships - and the equality, justice and dignity they deserve.

Whatever people might tell you, everything is not cut and dried, not set in stone. The next stages will be just as challenging, if not more so, than now. But one thing I am certain of is that working together we can produce a more powerful and enduring champion of equality and human rights than we have ever had in this country before. That is why we need your input and your views today. To make sure we have the best possible approach to face up to the challenges we face, and realise our vision of a strong regulator and champion for us all.