Timetable for implementing Equality Act Reinstated

The controversial Equality Act, which was designed to replace a number of anti-discrimination laws, was due to come (partially) into force in October. However the intervening change of government since its enactment in April 2009 appeared to threaten the legislation, particularly after the timetable for the gradual enforcement of its provisions was withdrawn.

Some experts speculated that instead of repealing the Act, the new Government would simply not bring certain parts of it into force, notably the provisions on pay reporting and positive discrimination that were unpopular with the Conservative Party. However the Government Equality Office has now reinstated the original timetable, with the core provisions due to commence in October.

There is still some possibility that some parts of the Act will not become law. Introduced as part of the Labour Party’s 2005 manifesto fulfilment, the Equality Act came under fire for some of its sections dealing with equal pay, positive action and addressing socio-economic disadvantage.

• Download the Equality Act 2010

• Read more:   “The Devil is in the Detail” of the new Act

Budget benefits cuts and the human right to money

George Osborne is to announce the Government’s emergency budget today. Although the Government has been seeking to emphasise measures which will soften the blow to the poor, the fact remains that these are the biggest cuts in decades and that many will end up worse off, particularly if wages decrease and unemployment increases.

Update: The full budget can be downloaded here. The section on benefits starts at page 33.

The Government is to cut benefits by £11bn by 2014-15. The huge cost of benefits (“spending on social security and tax credits has increased by 45 per cent, around £60 billion, in real terms over the past 10 years.), the Chancellor told Parliament, were one of the reasons why there isn’t any more money in the Government coffers. The Health in Pregnancy grant will be abolished from 2011 and Sure Start will be limited. Child Benefit is to be frozen for the next three years. Disability Living Allowance will be restricted by a new medical check from 2013.  The Chancellor has said he will “increase the incentives to work” and will reassess benefits on the basis of the Consumer Price Index rather than the Retail Price Index. Housing benefit will be limited significantly and maximum limits on what can be claimed are to be introduced for the first time.

Rosalind English posted two weeks ago on whether budget cuts will lead to revised calls for “socio-economic” human rights; a concept which is as old as the European Convention on Human Rights and just as controversial. We will now revisit that post.

Terror suspects' families can claim benefits

M and Others v Her Majesty’s Treasury, Case C‑340/08, 29 April 2010 – Read judgment

The European Court of Justice (ECJ) has ruled that social security benefits cannot be withheld from family members of those suspected of being associated with the Al Qaeda terrorist network.

The Government will probably now have to change the law, although The Times reports that the judgment will only affect less than a dozen people living in Britain.

Summary

The United Nations implemented measures shortly after the 11 September 2001 attacks to freeze all assets of terror suspects. The UK had up to now taken a wide view of these measures, and had frozen not just the benefits of the suspects themselves, but also of their families.

The Treasury’s reasoning had been that money spent by, for example, a suspect’s wife on the running of the family household will be “for the benefit” of him. For example, if she buys food for a communal meal in which he participates, the money will have been spent for his benefit.

The case was referred to the ECJ by the House of Lords (now the Supreme Court) in 2008 (M, R (on the application of) v Her Majesty’s Treasury [2008] UKHL 26). The question of interpretation was whether the words “for the benefit of” in article 2.2 of Council Regulation (EC) No 881/2002 have a wide meaning which covers any application of money from which a listed person derives some benefit, or whether they apply only to cases in which funds or assets are “made available” for his benefit, so that he is in a position to choose how to use them.

Removal of child following faulty diagnosis of injury breached Article 8

AD and OD v United Kingdom (Application No 28680/06), 2 April 2010

Read judgment

The European Court of Human Rights (ECtHR) has ruled unanimously that a local authority’s failure to conduct a risk assessment, which resulted in a child being placed with foster parents, breached the right to respect for family life under Article 8 of the Convention.  It also concluded that the mother should have had available to her a means of claiming that the local authority’s handling of the procedures was responsible for any damage which she suffered and obtaining compensation for that damage. As such redress was not available to her, the Court held that she had suffered a violation of Article 13.

Court of Appeal rules on foreign nationals' right to stay in UK for medical treatment

KH (Afghanistan) v Secretary of State for the Home Department [2009] EWCA Civ 1354 (Sedley LJ, Longmore LJ, Aikens LJ):

Only in very exceptional cases would withdrawal of medical treatment as a result of ordering the return of a failed asylum seeker constitute a breach of Article 3 ECHR. The case of an 29 year old man with mental illness and no family support in the country of return was not sufficiently exceptional.

Court of Appeal rules on entitlement of foreign nationals to treatment for HIV

JA (Ivory Coast) and ES (Tanzania) v Secretary of State for  the Home Department [2009] EWCA Civ 1353 (CA (Civ Div) (Sedley LJ, Longmore LJ, Aikens LJ)

In these two cases, heard together, the Court of Appeal provided clarification of the circumstances in which Art. 8 of the European Convention of Human Rights entitles foreign nationals’ to remain in the UK in order to receive medical treatment.

Article 3 and the minimum standard of social support

R (on the application of EW) v Secretary of State for the Home Department, [2009] EWHC 2957 (Admin) 18 November 2009

Summary and comment by Rosalind English

Article 3 does not dictate a minimum standard of social support for those in need, nor does it require the state to provide a home or minimum level of financial assistance to all within its care.

SUMMARY

W was an Eritrean national who had entered the UK illegally. Fingerprint evidence traced his irregular entry into the EC to Italy following which the UK authorities sought from the Italian authorities an undertaking to accept responsibility for W’s application for asylum under the terms of the Dublin II Regulation. Italy did not respond and therefore it was deemed to have accepted responsibility for the asylum claim by default.