Parliament’s Joint Committee on Human Rights has condemned the Equality and Human Rights Commission (EHRC) as “ineffective” in its recent report. The Parliamentary report, published on the 11th November 2020, concluded that the “Watchdog” (the EHRC) lacked the power, leadership abilities, societal trust, and resources necessary to effectively enforce racial equality for the benefit of black people in the UK. 

The EHRC was established in 2007 with a statutory obligation to protect human rights and reduce inequality in the UK. Throughout its tenure, the watchdog has investigated several high-profile cases of institutional inequality, including the ongoing investigation into the infamous Windrush Scandal, which involved the wrongful deportation of several ethnic minority individuals under the “hostile environment policy”. The EHRC is currently investigating the Home Office’s involvement and potential culpability. 

LACK OF RECOGNITION AND RACIAL INSIGHT

The Joint Committee’s report scathingly criticised the lack of black appointees on the Commission, as well as the lack of black people in senior roles; concluding that the EHRC has failed to “act as a vocal champion for the black community”. The Joint Committee held that this lack of representation will inevitably lead to the inability “to adequately promote leadership and gain [society’s] trust in tackling racial inequality” - the core aim of the EHRC. 

The lack of ethnic representation is a huge concern for the Commission as it will inevitably limit the Commission’s understandings of racial inequality and covert discrimination. This is because those who have experience with such inequality are not given the position to vocalise this and effect sufficient change. As such, the Joint Committee determined that the Commission's policies do not champion the core issues of inequality.  The EHRC has made strides to mitigate the lack of representation with the recent appointment of Bernard Ribeiro. Ribeiro is a Ghanaian-born surgeon, currently sitting in the House of Lords. He has been appointed on a ‘one-year term’ to provide medical and public health knowledge. While this is a step in the right direction, meaningful representation will require greater outreach and recruitment changes. 

LACK OF RESOURCES AND FINANCIAL BACKING

The Joint Committee’s report also highlighted the lack of financial support given to the EHRC. In 2006, the predecessor, to the EHRC, the Commission of Racial Equality (CRE), was awarded £90m solely for the benefit of mitigating racial issues. In comparison, the EHRC’s total budget across all protected characteristics is £17.1m. Hence, the EHRC is hindered in its ability to fulfil its aims. Thus, the Committee suggested that the government needs to “take action” by increasing the Commission’s budget, to ensure all necessary improvement can be implemented. The report further outlined the lack of media exposure, and the Committee’s lack of legal authority also hinders its success. This is exemplified by the EHRC lacks judicial power, especially in prosecuting violations under the Human Rights Act 1998. The report recommending the reinvention of the EHRC into a “high profile organisation at national level whose priority it is to champion… race equality” through media campaigns and legal assistance. 

THE NEXT STEP

The Joint Committee has published several recommendations on how the government could effectively transform the watchdog, including the creation of a “comprehensive cross-Government race equality strategy”, as well as placing political priority on matters of racial inequality. Nevertheless, with controversy looming over the recent Commission appointees of David Goodhart, the Commission’s ability to achieve its obligations is still uncertain. 

Mary is a Penultimate Year Law student at the University of Glasgow. She is interested in bringing awareness of human rights developments and current affairs. She has previously volunteered for Citizen’s Advice Bureau, the Black Protest Legal Support Organisation UK, as well as writing for her University’s Commercial Awareness Society. She aspire to pursue a career at the Human Rights Bar.

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