Legal Analysis of BME Code Opens Up Debate

9 Oct 2008

The Commission for the Compact is carrying out a consultation to review the Black and Minority Ethnic (BME) Code and look at how equalities and race relations issues are woven into future Compact documentation.

Wider consultation on the way in which equalities and race relations issues are woven into future Compact documentation is now underway following the publication of an extensive legal analysis of the Compact’s Black and Minority Ethnic (BME) Code and related legislation.

The analysis was undertaken by the prominent human rights and equalities lawyer Karon Monaghan QC, on behalf of the Commission for the Compact. A debate on the results of the legal review and what it means for the BME Code and for wider equalities issues in the Compact has started on the Compact’s new online discussion forum, accompanied by an online survey, and a series of regional workshops to discuss the findings will take place in November 2008.

The seminars are free of charge and will take place in:

• Leicester (7 November 2008)
• Manchester (24 November 2008)
• London (28 November 2008)

To sign up for the workshops or to download a copy of the legal analysis by Karon Monaghan QC, please visit:

www.thecompact.org.uk/bmereview or email events@thecompact.org.uk

You can also share your thoughts and ideas on the new Online Compact Forum, please visit www.thecompact.org.uk/forum

In early January 2009, the Commission will form a working group to consider the outcomes of this consultation and to make recommendations on the way forward.

The BME Code was first published in February 2001 and it sets out the Compact’s commitments on tackling racism, ensuring BME participation in the policy process, fair funding for the BME third sector, involvement of BME representatives in local partnerships, developing the capacity of BME infrastructure, and involving BME individuals and groups in volunteering and mentoring.

Nick Drew, Policy Adviser for the Commission for the Compact, said:

“We want to ensure that the BME Code remains relevant, useful and challenging, and takes into account recent developments in equality, diversity, race relations and human rights law. Since 2001, there have been many changes to the legal framework of equalities law and still more changes are planned. We hope that this consultation will lead to a lively debate on how the Compact can better embody the principles of equality to which we all should aspire.”

In her legal analysis, Karon Monaghan QC found that:

• The current BME Code has been useful in promoting the interests of the BME third sector but fails to address the absolute prohibition on discrimination, including discrimination on multiple grounds (e.g. people who suffer both racism and homophobia).
• A number of specific statutory duties on central and local government, for example Equality Impact Assessments, are not adequately reflected in the BME Code.
• The BME Code does not adequately reflect the scope that exists within the law to provide community-specific services (which may promote community cohesion as well as “inclusive” services).
• In its current form, the BME Code will not adequately reflect the forthcoming “Single Equality Duty” which will cover gender, age, sexuality and religion or belief as well as ethnicity.

Karon’s analysis recommends strengthening the Code to ensure it is more robust and more appropriately reflects the legal obligations on those operating in central and local government in particular, in relation to BME communities and the BME voluntary and community sector, as well as those which are planned for the future, covering other forms of equality.

The analysis proposes that some sectors of the Code should be rewritten for this purpose, and sets out some suggested wording for this, which will be the basis of the Commission’s consultation.

Vandna Gohil, Chief Executive of BME Third Sector representative body Voice4Change England, said:

“Voice4Change England is delighted to be working with the Commission for the Compact to ensure a vibrant discussion, engagement and debate on the revision of the BME Code. Karon Monaghan's valuable contribution is only the starting point on how the Compact can better reflect issues faced by organisations working with BME communities. The BME Third Sector must actively participate so that the outcome supports them in their work delivering services to diverse communities.”

Carl Allen, Chair of Local Compact Voice, said:

“Local groups are the mainstay of the Compact, working every day at grass roots level to overcome discrimination and disadvantage, often with very limited resources. I hope this process leads to a renewed emphasis on equality in the Compact, backed up by a sound understanding of the law, which will give all groups a stronger and better informed basis to do what they do best - challenge inequality and give people better services.”

Notes for editors

• Established in April 2007, the Commission for the Compact is an independent body responsible for overseeing the Compact - an agreement between the Government and the voluntary and community sector in England to improve their relationship for mutual advantage and community gain. The Commission works with key partners to take the Compact forward including Compact Voice, who represent the views of the Third Sector on the Compact, the Office of the Third Sector and the Local Government Association (LGA).
• Karon Monaghan QC from Matrix Chambers was appointed by the Commission for the Compact to undertake this independent research. Karon has a strong practice encompassing discrimination and equality, human rights and EU law. She is a Member of The Bar Equality and Diversity Committee, the Equal Treatment Advisory Committee of the JSB (2003-2011) and the Fawcett Commission on Women in the Criminal Justice System.

http://www.matrixlaw.co.uk/

Ends

Useful documents

Press Release: BME Consultation
BME legal analysis

For media enquiries, please contact:

Catherine Byerley, Communications Officer
Commission for the Compact
Tel: 0121 237 5905
Email: catherine.byerley@thecompact.org.uk

Martin Ball, Head of Campaigns
Voice4Change England
Tel: 020 7843 6131
Email: martin@voice4change-england.co.uk