Gaps in equality law in Northern Ireland
The Equality Commission recommends that equality law should urgently be reformed to reflect international human rights standards, taking account of any best practice from Great Britain, Ireland and wider jurisdictions to meet the specific needs of Northern Ireland.
There are clear and persistent weaknesses in equality law in Northern Ireland:
- Different equality laws provide differing levels of protection. These gaps result in a hierarchy of rights, with people having more protection from discrimination on some of their equality characteristics, but not on others.
- There are also increasing shortfalls over time relevant to internationals standards and in comparison to jurisdictions such as Great Britain, Ireland and elsewhere.
Inconsistency between equality protections in Northern Ireland and with international best practice
The current legal framework in Northern Ireland provides limited and inconsistent protections across different equality grounds and adds to complexity and cost. This lack of consistency, and the ongoing failure to simplify, harmonise and modernise our equality laws over time impacts negatively on individuals, employers, service providers, and those providing advice, including the Equality Commission. It is fundamentally unfair that different equality groups have different protections without justifiable reason.
The following are examples of some key shortfalls in anti-discrimination law here:
Age (Goods, facilities and services)
In Northern Ireland there are no protections against age discrimination in accessing goods, facilities and services (GFS). There are GFS protections on all other equality grounds in NI, and in Great Britain and Ireland.
Race
There are a range of gaps and shortfalls, including fewer protections on the grounds of colour and nationality, resulting in a ‘two-tier’ level of protection. Positive action provisions are also more limited than in GB, Ireland and the EU.
Disability
Protections are inconsistent and confusing, and unlike in Great Britain, there is no protection against indirect disability discrimination, and discrimination arising from disability in Northern Ireland. In GB many inconsistencies and shortfalls were addressed through the Equality Act 2010.
Sex, gender reassignment and pregnancy
Unlike in Great Britain and Ireland, gender pay-gap reporting was not introduced in Northern Ireland, and there is now an EU Pay Transparency Directive to be transposed. Wider protections also fall behind other jurisdictions, including GB and Ireland.
Cross-cutting issues
Across the equality grounds, individuals would benefit from the addition of stronger protections against third party harassment, combined discrimination, and protections against discrimination by public bodies when carrying out public functions.
Priorities for Reform
Reform of the equality legislation should be taken forward as a priority. In the immediate term we urge the full delivery within this Assembly mandate of reforms recently commenced, or with imminent deadlines. This includes:
- Reform of race equality law
- Compliance with June 2026 deadlines for transposition into NI law of EU Directives on Equality Body Standards, and on Pay Transparency
- Delivery of comprehensive hate crime law.
Action is also needed to modernise the equality law framework more generally. In this context the Equality Commission recommends prompt action, commencing now, to:
- clarify, simplify, harmonise and strengthen legal protections against discrimination
- reflect best international practice and meet the needs of Northern Ireland
- give consideration to the benefits of single equality approach
- ensure compliance with Article 2 of the Windsor Framework
There is also a need to ensure fulfilment of Windsor Framework Article 2 obligations to ‘keep pace’ with relevant EU Directives, including the EU Pay Transparency Directive and the EU Standards for Equality Bodies Directive. There is also a need to consider Commission powers, and enforcement and remedies. More broadly, Section 75 of the Northern Ireland Act 1998 must also be effectively implemented.
Further Information