Equality Commission

Oral Answers to Questions — First Minister and Deputy First Minister – in the Northern Ireland Assembly at 2:30 pm on 7 October 2002.

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Photo of Eileen Bell Eileen Bell Alliance 2:30, 7 October 2002

2. asked the Office of the First Minister and the Deputy First Minister to give an update on the implementation of the Equality Commission’s legal services’ audit report recommendations; and to make a statement.

(AQO 244/02)

Photo of Mark Durkan Mark Durkan Leader of the Social Democratic & Labour Party, Deputy First Minister of Northern Ireland

In January 2002, the Department queried the Equality Commission’s increasing expenditure on legal fees. The Department asked the Commission to carry out an internal audit of its financial systems and procedures relating to the legal services budget. We agreed the terms of reference for the audit, which covered three distinct areas: the reasons for the increasing expenditure on legal fees; a review of the processes for commissioning and paying legal fees and budgetary financial management and approval systems; and a review of systems and processes in the legal division as a whole, with reference to the integration of services across all the legislative grounds.

The auditor’s final report on the first two areas was presented to the Equality Commission on 5 July, and the Department asked the Commission to draw up an implementation plan for the recommendations. That has been accomplished and is being monitored by the Department. Significant progress has been made on implementing those recommendations.

The third part of the review, which will include benchmarking the legal services directorate against other organisations carrying out similar functions, is due to be completed by the end of November.

Photo of Eileen Bell Eileen Bell Alliance

I thank the Deputy First Minister for his answer to that important question. Does he agree that recent newspaper reports on this, which I understand are generally inaccurate, must be dealt with, so that staff morale is not further undermined?

Photo of Mark Durkan Mark Durkan Leader of the Social Democratic & Labour Party, Deputy First Minister of Northern Ireland

I recognise that concerns have arisen over newspaper reports. Staff morale is a significant factor, and the Department hopes to ensure that any damage is compensated for by progress. As well as that, those who want the Equality Commission to be available to give support must have their confidence in and concerns about the Commission addressed.

Photo of Mrs Annie Courtney Mrs Annie Courtney Social Democratic and Labour Party

Is OFMDFM concerned that some people have had legal assistance withdrawn at short notice, and was it aware that that would happen? Does OFMDFM agree that the Equality Commission is well funded, and can it say what support it provides?

Photo of Mark Durkan Mark Durkan Leader of the Social Democratic & Labour Party, Deputy First Minister of Northern Ireland

I agree that the Equality Commission is well funded. It gets £6·7 million each year while the Northern Ireland Human Rights Commission gets only £750,000 and the South’s equality authority gets 5 million euros — about half the funding for twice the number of people. The Commission may spend up to £1·8 million on legal assistance this financial year. That is well over budget. Last year it is estimated that the UK Disability Rights Commission spent £220,000.

OFMDFM was not aware that the Equality Commission had started to withdraw assistance at short notice, and as it was concerned about that, it met with the Equality Commission. OFMDFM is monitoring the situation to see what additional resources should be made available to it this year to ensure that important aspects of its work are carried forward, while dealing with increased expenditure on legal fees. OFMDFM wants to ensure that assistance is not withdrawn at short notice and that the large increase in expenditure and legal aid do not prevent the Commission from carrying out other important aspects of its work. OFMDFM has also agreed measures to assist the Commission to manage its legal aid strategy. The Equality Commission is not a legal aid body and should not be expected to act as such. At a personal level, I would like to see legal aid made available for such cases.

Photo of Mrs Joan Carson Mrs Joan Carson UUP

Will the Minister agree that, in the past, the Equality Commission has been too willing to back every case brought to it and that that has been the cause of its financial problems? That policy has also discredited the Equality Commission in the eyes of the public.

Photo of Mark Durkan Mark Durkan Leader of the Social Democratic & Labour Party, Deputy First Minister of Northern Ireland

Unlawful discrimination is unacceptable. The Equality Commission is a strategic enforcement body that enforces existing anti-discrimination law and uses its resources to ensure the development of legal issues. Support to complainants is one of the ways in which the Equality Commission can fulfil its functions to eliminate unlawful discrimination and to promote equality of opportunity.

Last year, in recognition of the increasing proportion of its budget that was being taken up by legal fees, and of the need to bring a more strategic focus and coherence to the consideration of requests for assistance, the Equality Commission undertook a review of its legal assistance strategy. The review identified the need for a more strategic use of its legal budget. Again, I make the point that the Equality Commission is not responsible for providing legal aid and cannot be expected to act as if it is. Legal aid is a reserved matter, and it is the Lord Chancellor’s policy not to provide legal aid to tribunal cases. I have already given my view on that matter.