Government proposals threaten the Equality and Human Rights Commission’s independence, warns BIHR

Press release

16 June 2011

Government plans for the Equality and Human Rights Commission (EHRC) endanger its independence and portray a Government fearful of strong and powerful voices to hold it to account on human rights and equalities. The British Institute of Human Rights (BIHR) publishes its assessment of Government proposals for the EHRC, outlined in the Government consultation paper Building a fairer Britain: Reform of the Equality and Human Rights Commission and calls on the Government to “think again”.

The British Institute of Human Rights’s document sets out a number of recommendations to the Government to ensure that changes to the Equality and Human Rights Commission relate to the managerial problems identified and do not affect the EHRC’s ability to provide robust and independent scrutiny of government action.

Stephen Bowen, BIHR’s Director said:

“We have seen the Prime Minister denigrate the Human Rights Act and blame judges for upholding it, and now we see his Government threatening the independence of the EHRC.
Taken in the round this suggests a government without the confidence to allow robust and independent voices to hold it to account.

“The EHRC does need to raise its game on human rights and there have been teething problems, but this cannot be an excuse for the Government to adopt measures which threaten its independence.”

BIHR’s key recommendations outlined in its response document include:

• The Government meets its international obligations to maintain an independent monitoring and investigative human rights institution, through ensuring the EHRC remains wholly independent of government
• The EHRC is able to carry out investigations, without the need to seek approval from government and which are not subject to financial controls by government which could affect its independence
• The EHRC should be able to take the same monitoring and enforcement action in human rights matters as for equality issues
• The EHRC’s helpline should remain within the EHRC as an essential element of its ability to provide independent information, advice and guidance to individuals and groups, often whom are in highly vulnerable situations
• The EHRC should be required to table an annual report before Parliament and for an annual parliamentary review of its work to be carried out by a joint session of the Joint Committee on Human Rights and the Home Affairs Select Committee.

The full list of recommendations and response is available on BIHR’s website: www.bihr.org.uk

Ends

Notes to editors:

1. For media enquiries and comment please contact Jean Candler on 020 7549 0550 / jcandler@bihr.org.uk

2. Read BIHR’s full Response to “Building a fairer Britain: Reform of the Equality and Human Rights Commission” http://www.bihr.org.uk/sites/default/files/BIHRSubmissionFinal_2.pdf

3. Read BIHR’s Briefing document on “Building a fairer Britain: Reform of the Equality and Human Rights Commission” - What does it mean for human rights? http://www.bihr.org.uk/sites/default/files/BIHR%20EHRC%20Review%20Brief_SEND.pdf

4. The Government proposes major structural changes to the EHRC, including a wide range of political and financial measures in Building a fairer Britain: Reform of the Equality and Human Rights Commission. The consultation document is available at http://www.equalities.gov.uk/what_we_do/ehrc_reform.aspx

5. BIHR is a national independent human rights charity committed to bringing rights to life in the UK. Since the introduction of the Human Rights Act, we have specialised in taking human rights ‘beyond the courtroom’, making human rights knowledge accessible to a wide range of audiences and translating the ideas and laws into practical tools for people and organisations to use in everyday life. Further information about BIHR visit www.bihr.org.uk