Race Relations Act and Race Inequality - Essay Example

Introduction Stephen Lawrence was killed by a gang of white youths in 1993 at Eltham, south east London. Although this gang was arrested no murder charges were framed against them. The Daily Mail, a national newspaper, published front page stories accusing this gang of being murders and challenged them to sue it, which they never did (Black in Britain, n.d.). These persons were let off scot free because of police racism. The public outcry resulting from this incident resulted in an inquiry, which concluded that the police was racist. Unfortunately, all this fanfare did not result in the conviction of this gang (The shocking case that lifted the lid on racism, 2003). To satisfy the huge public outcry the McPherson Inquiry was initiated and in this report several recommendations in order to counter racism were made. Some of these recommendations were to incorporate cultural diversity into the National Curriculum, to check the correlation between school admissions and academic achievement and to assess the success of teachers' activities in these areas. Despite seeming to be related to the statutory education system these recommendations have a very important bearing on the education of adults in respect of racism. The National Neighbourhood Renewal Strategy (2001) has specified that inadequate availability of education, health; employment and housing greatly affect a significant number of people from the minority communities. In 2001, it was estimated that the black and minority communities comprised 8% of the total population of England. In England, fourteen percent of students belong to the black and minority group. Therefore, in education the opportunities made available to the black and minority communities have to be increased significantly. Information has to be collected in respect of the diversity of local communities, current performance in equal opportunities and gaps in provision as this constitutes the first step towards formulating an effective race equality strategy. Moreover, information obtained from strategic reviews should form the basis for fixing targets and performance indicators in respect of racial disparities. English society consists of a rich and culturally diverse population and is essential for all education providers to make certain that members of the black or minority community are provided with better access to education, employment and training (Increasing participation and raising achievement of black minority group adults in post-16 education, n.d.). The objective of the Race Relations Amendment Act 2000 is to address this problem. It requires the public authorities to reassess their policies and procedures and thereby take such measures as will promote racial equality and get rid of discrimination. It comprises an amendment to the Race Relations Act 1976, which prohibits discrimination on the basis of race, colour, nationality, ethnic or national origin. This Act applies to "Ministers, Central government departments, Local Authorities, regional agencies and enterprise networks, Police authorities, Health authorities, health boards, NHS Trusts and primary care trusts, Education authorities, grant aided and self governing schools, colleges and universities, Communities Scotland, Professional bodies, Libraries, museums and galleries". It empowers individuals or groups to oppose unlawful discrimination by resorting to judicial review. The Commission for Racial Equality is empowered to initiate inquiries, resort to judicial review and issue compliance orders if a public body infringes the Act (The Race Relations Amendment Act 2000, 2002). In the Act these are known as the general duty of public authorities, the specific duties of authorities and the publishing of a race equality scheme, which has to specify as to how it will ensure equal opportunities and good race relations, and as to how it will refrain from racial discrimination (The Race Relations (Amendment) Act 2000, 2005). Many people have been barred either directly or indirectly from further education due to their race. The McPherson report has stressed the importance of the fact that unintentional racism affects the working of organisations. It is of the opinion that, "Institutional racism' is the collective failure of an organisation to provide an appropriate and professional service to people because of their colour, culture or ethnic origin. It can be seen or detected in processes, attitudes and behaviour which amount to discrimination through unwitting prejudice, ignorance, thoughtlessness, and racist stereotyping which disadvantage minority ethnic people." (Increasing participation and raising achievement of black minority group adults in post-16 education, n.d.). It has been observed by the Healthcare Commission that very few of the NHS trusts are meeting legal requirements on race equality. Moreover, only 7 out of 570 NHS trusts' websites had provided information as required under the 2000 Race Relations (Amendment) Act. In one - third of the trust websites the required information was absent. Six per cent of the websites depicted data about the workforce's ethnic composition. A mere 2% gave information about the steps initiated to solve the problems related to race equality rules. The Healthcare Commission made it very clear that the problem was significant and warned that it would take very serious action against defaulters in the NHS if the situation persisted (NHS trusts, 2006). Conclusion The Race Relations (Amendment) Act 2000 brought about an "imposition on all public authorities of a statutory duty that includes both the elimination of unlawful discrimination and the promotion of race equality and good race relations."(UN Committee on the Elimination of All Forms of Racial Discrimination, 2004). The Race Relations Amendment Act 2000 makes it illegal to discriminate on the basis if race in all public functions and it makes public authorities duty bound to practically promote racial equality and this especially so for the constabulary (Positive Action Guidance, n.d.). The Stephen Lawrence Inquiry into the London Metropolitan Police discovered that there was racism in it and this racism was described as being institutionally racist. Such Institutional Racism is exhibited, whenever there is a collective failure on the part of an organization in discharging its duties resulting in denial of appropriate and professional service to people on the basis of their colour, culture or ethnic origin. It is evident in processes, attitudes and behaviour that can be surmised to be discriminatory due to "unwitting prejudice, ignorance, thoughtlessness, and racist stereotyping which disadvantage minority ethnic people" (Gilligan et al, p 53). This problem has been given cognizance by legislation through the Race Relations Amendment Act (2000), which establishes the Race Equality Scheme and Race Equality Impact Assessment. The Equality Standard for Local Government has "recognized the wider implications of institutional discrimination for equality in race, gender and disability" and comprises of an efficient means of transforming the inherent discriminatory culture of public service organizations (Speeden, Stuart. 2006). The Race Relations Act was amended in 2001 so as to enable public authorities to provide fair and accessible services, and to ensure that there are equal opportunities in employment. Prior to this amendment several public bodies had been unable to curb racial discrimination and inequality. This legislation renders public authorities more accountable to the public. This act improves the availability of commonly required public functions and services and endeavours to bring about equality of opportunity and better race relations (The General Duty, 2006). The various authorities have to take into consideration the ramifications of racial equality in the discharge of all their official duties, like "allocating council housing, to closing or opening a hospital or a school, or managing prisons." The objective of this duty is to make the promotion of racial equality very important in all the work done by public authorities. It also involves the expectation that these public authorities promote "equality of opportunity and good race relations, and prevent unlawful discrimination." In other words listed public authorities have to keep racial equality in the forefront while conducting their daily tasks like policy-making, service delivery, employment practice, etc. In respect of public authorities listed in the original Race Relations (Amendment) Act 2000 this general duty became effective from 2 April 2001 and for authorities appended to Schedule 1A the corresponding date is 24 October 2001 (The General Duty, 2006). Summary Race inequality results in social exclusion, incomplete education and culturally unsuitable services. The Race Relations (Amendment) Act 2000 seeks to remedy this situation by making public authorities duty bound to promote race equality1. Institutional racism is present in all public service organizations and the result is discrimination, unfair service delivery and employment (Speeden, Stuart. 2006). The Race Relations Act is applicable to those who provide goods, facilities or services to the public. Some instances of these are "hotels, shops, banks, insurance companies, financial services, cinemas, theatres, bars, restaurants, pubs, places of entertainment or refreshment, transport and travel services, and services provided by any local or public authority and by any profession or trade." It has to be borne in mind that it is against the law to deny a service or to provide service that is not of the same standard (Race, ethnicity and sport, n.d.). Based on the type of claim, an aggrieved person can get his rights enforced either in employment tribunals or county courts. The Commission for Racial Equality or the CRE is duty bound to promote the interests of the Act and to this end provides advice, assistance and financial aid where necessary. It has the primary function of enforcement in "relation to certain areas such as discriminatory advertisements." Under the Race Relations Act or the RRA the CRE is empowered to initiate judicial review proceedings against public bodies which in its opinion have infringed the general duty (Sue Ashtiany, 2002). The above discussion indicates that the implementation of the Race Relations Act (Amendment) 2000 is inadequate and crucial departments like the Police, the National Health Service, and the Social Service Department are not functioning according to the requirements of this act. References Ashtiany, Sue. 2002. Race Relations Amendment Act. Retrieved on October 30, 2006 from http://www.admin.ox.ac.uk/eop/rraa/briefing.shtml Black in Britain, n.d., STEPHEN LAWRENCE- A- level student and victim of a racist murder. Retrieved 30 October 2006, from http://www.blackinbritain.co.uk/Stephan%20Lawrence.htm Gilligan, John Pratt George. Gilligan, George and Pratt, John. 31 May 2004. Crime, Truth and Justice: official inquiry, discourse, knowledge. Willan Publishing. P. 53. ISBN: 1843920271 Increasing participation and raising achievement of black minority group adults in post-16 education, n.d., retrieved 30 October 2006, from http://www.niace.org.uk/information/Briefing_sheets/40_BEM.htm NHS trusts 'breaking race laws' words 17 August 2006 05:55 PM BBC News Online English (c) BBC News Limited 2006. Positive Action Guidance, n.d. Retrieved on October 30, 2006 from http://www.gloucestershire.police.uk/trust/10.html Race, Ethnicity and Sport, n.d. Retrieved on October 30, 2006 from http://www.sportscotland.org.uk/ChannelNavigation/Our+activities/TopicNavigation/Ethics/TopicNavigation/Race+Ethnicity+and+Sport/ Speeden, Stuart. 2006. Equality and regeneration: conflicting priorities The International Journal of Sociology and Social Policy. Vol. 26, Iss. 5/6: pg 220 The shocking case that lifted the lid on racism, 19 April 2003. SocialistWorkeronline. Iss 1847. Retrieved 30 October 2006, from http://www.socialistworker.co.uk/article.phparticle_id=3581 The General Duty, 2006. Retrieved on October 30, 2006 from http://www.cre.gov.uk /duty/index.html The Race Relations Amendment Act 2000, August 2002. Retrieved 30 October 2006, from http://www.scvo.org.uk/equalities/resource_base/race/briefing_rraa.htm The Race Relations (Amendment) Act 2000, 2005, Retrieved 30 October 2006, from http://www.cre.gov.uk/40years/amendment_eu.html UN Committee on the Elimination of All Forms of Racial Discrimination, 30 November 2004. Retrieved 30 October 2006, from http://www.blink.org.uk/kyr/docs/DLA_Submission_2004.pdfPHPSESSID=066d563dbcb313ce2d3f1f64dd490e59 Read More