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Commission on the Powers of the National Assembly for Wales Consultation on a Single Equality Body for Great Britain
Response from Equal Opportunities Commission Wales

The Westminster Government opened a consultation late in 2002 on the future infrastructure for equality in-Great Britain. The current Equality Commissions (Equal Opportunities Commission, Commission for Racial Equality and Disability Rights Commission) each cover England, Wales and Scotland, with offices in Wales and Scotland, but none has formally devolved powers or resources to its offices in Wales or Scotland. None has formal links with the National Assembly for Wales or the Scottish Parliament.
In conducting its consultation, the Government included a question on devolution, question 7. This said:

"The Government intends to establish any new equality machinery for the whole of Great Britain, reflecting the devolution settlement. What arrangements need to be in place to meet the distinctive economic, political, legal and cultural circumstances in Scotland and Wales?"

Some of the key responses, from the viewpoint of-the Commission on the Powers of the National Assembly for Wales, are attached. These come from:
The Associate Parliamentary Group on Sex Equality
  • The Welsh Assembly Government
  • The National Assembly for Wales Equality of Opportunity Committee
  • A Diversity Group drawn together by the EOC, CRE and DRC in Wales
  • The Equal Opportunities Commission
These responses, and many others, address the devolution issues within the context of the question asked in the consultation paper, which did not invite comment on the possibility of separate Equality Commissions in Wales and Scotland.
Common ground in the attached responses, and many of the other 200 plus responses, include:
While the equality legislation remains reserved to Westminster, it is vital that the Single Equality Body in Wales retains its links with Westminster and Whitehall. The Single Equality Body in_ Wales should have formal links with the Assembly. The Wales Single Equality Body should take proper account of the devolution legislation framework. In particular, the Assembly's duty to promote equality should be reflected in the-functions of the Single Equality Body in Wales - with the body advising on and monitoring the equality aspects of the Government of Wales Act, namely section 120, which requires the Assembly to promote equality, and section 48, which requires that its business is carried out with due regard for equality. The Single Equality Body in Wales should have sufficient resources and autonomy to enable it to respond to the distinctive equality agenda and priorities in Wales. Consideration should be given to the Single Equality Body in Wales taking responsibility for the equality aspects of the Welsh language. The Assembly should have greater involvement in appointing the Wales Commissioner - at present this is handled by a Whitehall department, with the appointment made formally by a Secretary of State. 

17 April 2003