Conservative leader Kemi Badenoch is set to announce plans on Tuesday to abolish the Public Sector Equality Duty (PSED), a legal obligation requiring public bodies in England, Scotland, and Wales to promote equality. Badenoch will argue in a speech that the duty has been misused to advance “dangerous and divisive agendas” and has turned public decision-making into a “minefield” susceptible to legal challenges.
Context: The Public Sector Equality Duty
The PSED was introduced in 2010 as part of the Equality Act, consolidating previous anti-discrimination legislation. It mandates that public bodies, when carrying out their functions, must eliminate unlawful discrimination, harassment, and victimisation. Furthermore, it requires them to advance equality of opportunity between individuals who share protected characteristics (such as age, disability, race, pregnancy, sex, and sexual orientation) and those who do not.
Government guidance emphasizes that the duty should be applied proportionately and that organizations should avoid overly bureaucratic approaches. The PSED allows individuals and organizations to take legal action against public bodies for non-compliance.
Arguments for Scrapping the Duty
Badenoch’s proposal, framed as a step to “restore common sense,” suggests the PSED has become a legal basis for “identity politics, DEI [Diversity, Equality and Inclusion] bureaucracy and ideological box-ticking” within public services. The Conservative party cited examples such as the Bank of England allegedly removing Winston Churchill from banknotes and police training that advised officers against treating individuals uniformly.
In her speech, Badenoch is expected to state, “We are going to scrap this duty altogether. We do not need to replace it. We need to explain to people that they should do their jobs.” This suggests a belief that public servants should inherently act equitably without a specific legal mandate.
Counterarguments and Existing Cases
The Equality and Human Rights Commission (EHRC) defended the PSED, stating it helps public authorities make better decisions by considering the impact on all affected individuals. A spokesman for the EHRC asserted, “The PSED is not a barrier to these organisations doing the job the public expects them to do.”
Past legal challenges highlight the practical application and potential impact of the PSED. In 2011, the High Court found Somerset and Gloucestershire County Councils non-compliant when they reduced library funding. A year later, Devon County Council faced a similar ruling regarding its fees for private care homes, where care home owners argued the fees did not cover costs and disproportionately affected vulnerable residents.
More recently, in 2020, the EHRC concluded that the Home Office had failed to comply with the duty concerning the impact of its “hostile environment” policies on the Windrush generation.
Political Landscape and Alternative Approaches
Badenoch’s announcement positions the Conservatives against the Labour party, which is reportedly developing a new equality and diversity strategy focusing on increasing working-class representation in the civil service. Labour’s strategy aims to address the “over-representation of people from more well-off backgrounds” and ensure individuals do not feel pressured to change their behaviour or language to fit in.
The Conservative proposal also contrasts with Reform UK, which advocates for the complete abolition of the Equality Act. Liberal Democrat spokesperson Marie Goldman MP criticized Badenoch’s speech as a “desperate attempt to fan the flames of culture war politics” and urged the Conservatives to focus on economic and healthcare issues.
Broader Implications and Future Outlook
The debate over the PSED touches upon fundamental questions about the role of legal frameworks in ensuring fairness within public services. Critics argue that its removal could weaken protections for vulnerable groups and allow for decisions that inadvertently or deliberately disadvantage certain populations. Supporters, however, believe that removing the duty will streamline public administration and allow officials to focus on core responsibilities without the threat of litigation.
The Conservative party’s move signals a potential shift in their approach to equality legislation, seeking to differentiate themselves from both Labour’s focus on socio-economic diversity and Reform UK’s more radical stance. The coming months will likely see further discussion and debate on the effectiveness and necessity of the PSED, with potential implications for how public bodies operate and are held accountable for promoting equality across the UK.
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