OFMDFM screening exercises 1 October 2007 to 31 March 2008
Screening scheduled for the period 1 October 2007 to 31 March 2008
To give effect in Northern Ireland to the High Court ruling in Equal Opportunities Commission v Secretary of State for Trade and Industry [2007]
The Court ruled that GB’s Employment Equality (Sex Discrimination) Regulations 2005, which made amendments to their Sex Discrimination Act 1975, did not comply with the requirements of the Equal Treatment Amendment Directive (2002/73/EC) and European case law.
Evidence used in decision making
1. Evidence of higher or lower participation or uptake
While the changes will benefit all men and women (the harassment provisions) and all women (the pregnancy and maternity leave provisions), the Office of the First Minister and deputy First Minister does not consider there to be any negative equality impacts. The changes are required to comply with European Union law.
2. Evidence that different groups have different needs, experiences, issues and priorities
The change to the definition of discrimination on the ground of pregnancy or maternity leave and the changes to the exception relating to terms and conditions during maternity leave recognise the special situation of women who are pregnant or on maternity leave. These changes are required to comply with European Union law
3. Opportunity to better promote equality of opportunity or good relations
There is less opportunity for altering policy when seeking to comply with EU law. The changes to the law where required to give effect to a High Court judgement to ensure that sex discrimination law complied with EU law.
4. Do particular policies create problems for specific groups?
We have not identified any specific problems. Screening determined no identified negative impacts.
Screening outcome
The High Court judgment set out the effect that domestic sex discrimination law must have in order to comply with European Union law in the field of employment. The judgement, therefore, left little room for discretion as to the amendments to be made.
The changes to sex discrimination legislation are technical but they will have a positive equality impact. In particular, the changes relating to pregnancy and maternity leave will have a positive impact for women.
As a result of the above conclusions, this policy has been screened out, in accordance with the Department’s Equality Scheme provisions.
Contact details:
David McGowan on 028 90523456
