§ Lord Lester of Herne Hill
asked Her Majesty's Government:
Further to the Written Answer by the Baroness Scotland of Asthal on 8 September (WA 33), whether by virtue of the regulations made to implement the Race Directive (Council Directive 2004/43/EC) the victims of discrimination based on colour will be less well protected than victims of discrimination based on race or other ethnic origins; and, if so, in what respects they will be less well protected. [HL4365]
§ Baroness Scotland of Asthal
I refer the noble Lord to my Written Answer of 11 September 2003 (WA 143) in which I stated that the principles of the directive are applied to the Race Relations (RRA) Act 1976 in respect of claims brought in areas of the RRA that are within the scope of the directive. Therefore potential claims of unlawful discrimination which fall within the scope of the directive will be subject to the revised provisions—such as the amended definition of indirect discrimination, the new statutory definition of harassment (which corresponds to the existing case law definition), the new definition of "genuine occupational requirement", the provisions dealing with acts after a relationship has ended and with the burden of proof, and the repeal of some provisions which are contrary to the principle of equal treatment (as defined in the directive) —whereas claims which fall outside the scope of the directive will be subject to the Act's original provisions. It is our view—as reflected in the Race Relations Act 1976 (Amendment) Regulations 2003— that claims brought on the grounds of colour fall outside the scope of the directive.