Equality Commission Northern Ireland

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Delivering equality

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How is our work influencing life in Northern Ireland and delivering equality? Learn more about our policy, legal and research work.

Single Equality Law

What you need to know

The Need for Single Equality Legislation

We recommend the adoption of a single equality act for Northern Ireland.

It is fundamentally unfair that different equality groups have different protections without justifiable reason. Such differing protections contribute to a ‘hierarchy of rights’.

Single equality law in Northern Ireland would harmonise and simplify the protections available for everyone, both now and in the future. It is the most effective way to strengthen and maintain protections against discrimination in Northern Ireland.

It would improve consistency, understanding and efficiency - saving time and costs for individuals from all equality groups, as well as employers, service providers, advisory services, and those interacting with equality legislation more generally.

Working Together to Improve Protections

We call on decision-makers to take steps to legislate for a single equality act in Northern Ireland.

We would welcome your engagement with colleagues, officials, and elected representatives to raise awareness of our positions; and to secure adoption of our recommendations.

Equality Commission Recommendations

Strengthen equality protections through single equality legislation

Equality law in Northern Ireland should be harmonised, simplified and updated so as to address significant inconsistencies and complexities and to ensure uniform protection against discrimination across the full range of equality grounds.

Equality law should be harmonised upwards, so as to strengthen equality rights and protections.

For our supporting rationale, see pp. 4-5 of our Full Policy Position (pdf)

Reflect international human rights standards and best practice

When considering what should be included in a single equality law for Northern Ireland, decision-makers should seek to align with international human rights standards and best practice in other jurisdictions.

For our supporting rationale, see pp. 6-7 of our Full Policy Position (pdf)

Ensure provisions build on equality law in Great Britain

There are significant gaps between equality law in GB and Northern Ireland, which have been widened by the passing of the Equality Act 2010.

These differences mean that in a number of key areas, individuals in Northern Ireland have less protection against discrimination and harassment than people in other parts of the United Kingdom.

As a minimum floor, such shortfalls should be addressed via a single equality law for Northern Ireland. However, the development of single equality law in Northern Ireland should be based on best international practice, including the consideration of other jurisdictions.

For our supporting rationale, see pp. 8-12 of our Full Policy Position (pdf)

Comply with Protocol Article 2 obligations, and strengthen equality rights post Brexit

In line with the ‘keeping pace’ obligations under Protocol Article 2, the Northern Ireland Executive, Assembly and relevant departments should ensure that Northern Ireland’s equality legislation keeps pace with any changes to the Protocol Annex 1 Equality Directives, including relevant CJEU case law, which enhance protections. We recommend that any such changes be reflected in a single equality law.

The UK Government, the Northern Ireland Executive, Assembly and relevant departments should ensure North-South equivalence of rights, by ensuring that Northern Ireland’s equality legislation keeps pace with changes to equality law, arising as a result of EU laws introduced on or after 1 January 2021, that enhance protections. This should include rights introduced as a result of EU laws even where they do not amend or replace the Protocol Annex 1 Directives. Any such changes should be reflected in a single equality law.

In the development of a single equality law for NI, the Northern Ireland Executive, Assembly and relevant departments should ensure there is early consideration of, and compliance with, Protocol Article 2. Protocol Article 2 should also be considered and complied with throughout the implementation of single equality legislation and the development of regulations and guidance.

The Northern Ireland Executive, Assembly and relevant departments should set out, in detail, what consideration has been given to compliance with Protocol Article 2 in any development of a single equality law. Further, the Explanatory Memoranda on a single equality law should make clear what consideration has been given to ensuring conformity with Article 2.