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23 March 2007 / Ulele Burnham , Jamie Burton
Issue: 7265 / Categories: Features , Public , Profession , Human rights
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Public Law Update

Two-tiered duty to promote race equality, Race Relations Act 1976, S71, Legal necessity for proper consultation

RACE EQUALITY

The celebrated Macpherson report into the murder of Stephen Lawrence, The Stephen Lawrence Inquiry, was a significant event in the development of legal rules designed to take account of systemic racial discrimination. One of the legislative responses to Sir William Macpherson’s well-publicised coinage of the term ‘institutional racism’ was the two-tiered duty placed on public authorities to promote race equality.

Statutory duties

The general duty, found in the Race Relations Act 1976 (RRA 1976), s 71(1), is an obligation for all specified public bodies to have due regard to the need to “eliminate unlawful racial discrimination…and to promote equality of opportunity and good relations between persons of different racial groups”.

The specific duty, placed upon a further category of public authorities specified by the secretary of state, requires such bodies to make procedural arrangements, eg the publication of a race equality scheme detailing the arrangements for assessing and monitoring the likely impact of its work on the promotion of race equality, which

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MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

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Flint Bishop—Deborah Niven

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Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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