Agreement Reached in the Multi-Party Negotiations - Transitional ...

Positive action: The Commission proposed an expanded role for positive action to
promote equality of opportunity, considering it a major vehicle for the promotion of
equality of opportunity.
Broadening ‘standing’: In relations to its own powers, the Commission proposed that it
should have standing to bring cases on behalf of named individuals and in cases of
systemic discrimination, to bring cases in its own name. It also proposed extending this
standing to trade unions and other suitably qualified organisations. 142 If this widening of
power is ceded it may enable women’s organisations to identify and tackle systemic
discrimination. A more proactive approach towards remedies in the tribunals and courts,
with a focus on changing policies and practices; effective compensation for discrimination,
alternative dispute resolution and the establishment of an Equal Pay Forum, as proposed
by the Commission, might accelerate the equality agenda and make it more dynamic.
Voluntary sector: Women play a dominant role in the voluntary sector. Applying the
Single Equality Act to private clubs and voluntary associations may place more of a burden
on voluntary organisations and yet volunteers need to be protected against discrimination.
On balance, the response of the voluntary sector has been for inclusion. 143 It would also
have the effect of opening up private clubs, such as golf clubs, which have traditionally
facilitated networking among men to the exclusion, and at the expense of, women.
6.7 Programme for Government
The Programme for Government gave a commitment to develop a strategy ‘to tackle gender inequalities,
with subsequent implementation’. 144 A Gender Equality Unit has been set up within the OFMDFM to
promote gender equality throughout the work of the NI departments and has central responsibility for
gender policy. 145 After consultation a gender equality document was produced 146 and a
strategy to develop a database of gender disaggregated statistics to show progress. 147 The
Equality Commission responded that ‘the present strategy will not fundamentally address
gender inequality. We believe that the vision has not been set from a gendered analysis of
inequality, including a necessary focus on the multiple disadvantages experienced by
women. We are concerned that the concept of choice within the document is not qualified
by the structural context of women’s lives.’ 148 The Commission was also concerned that
‘the overall strategy lacks specific actions to tackle gender inequalities’ and failed ‘to
provide an analysis of gender inequalities within existing social, and economic structures.’
The document is gender neutral, thus flattening the potential for dealing with women’s
inequality. With regard to education, ‘there is no sense that the education system has a role
to play in socialising boys and girls to adopt behaviours and values based on gender
equality’ and the Commission points out that ‘it is also vital that strategies to address
under-achievement in boys do not have a negative impact on girls. Differences in
attainment by social class have been found to be more significant than gender differences.’
142 Equality Commission Response to OFMDFM Consultation Paper, A Single Equality Bill for Northern
Ireland, November 2004
143 See NIVCA Response to OFMDFM Consultation Paper, A Single Equality Bill for Northern Ireland,
November 2004
144 This was restated in Priorities and Budget in which equality is a key theme. www.pfgbudgetni.gov.uk
145 See www.genderequalityni.gov.uk
146 OFMDFM Gender Matters Towards a cross-departmental strategic framework to promote gender
equality for men and women 2005-2015
147 OFMDFM Research Branch, Esther Breitenbach and Yvonne Galligan, Gender Equality Indicators for
Northern Ireland: A Discussion Document, January 2004
148 Equality Commission Response to Gender Matters Towards a cross-departmental strategic framework to
promote gender equality for men and women 2005-2015, February 2005
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