Equality and human rights legal framework – Government action

UK Government actions:

• In September 2022, the Department for Business, Energy and Industrial Strategy introduced the Retained EU Law (Revocation and Reform) Bill. The Bill will repeal retained EU laws currently in force in the UK, unless they are assimilated into UK domestic law. This may affect the equality and human rights legal framework.
• From June to August 2022, the Government Equalities Office consulted on its proposal to bring section 36 of the Equality Act 2010 into force in England and Wales. This would require property owners to make reasonable adjustments to common parts of let properties.
• In July 2022, the UK Government ratified the Council of Europe Convention on preventing and combating violence against women and domestic violence, known as the Istanbul Convention. The UK Government made reservations to article 44(3), which relates to extraterritorial jurisdiction and dual criminality, and article 59, which relates to survivors whose residence status depends on that of their spouse or partner.
• In June 2022, the UK Government introduced the Bill of Rights Bill, which aims to repeal the Human Rights Act 1998 and replace it with significantly different legislation. The Bill was paused on 7 September 2022. Some if its provisions might return in a different form.
• In May 2022, the UK Government introduced the Levelling Up and Regeneration Bill, which seeks to address inequality through a geographical lens.
• In March 2020, the Coronavirus Act 2020 gained Royal Assent in response to the coronavirus (COVID-19) pandemic. England was governed by a series of coronavirus health protection regulations, which contained provisions with significant implications for equality and human rights, until February 2022.
• In June 2018, the European Union (Withdrawal) Act 2018 gained Royal Assent. The Act includes arrangements that alter the human rights legal framework by excluding the EU Charter of Fundamental Rights from domestic law.

Welsh Government actions: The Human Rights Act 1998 and Equality Act 2010 are reserved to the UK Government. The Welsh Government has powers within the Equality Act 2010 to make subordinate legislation and is also able to legislate to incorporate human rights or to provide additional human rights protections in relation to devolved matters.

• In September 2022, the Welsh Government began its review of the Welsh Public Sector Equality Duty regulations, following a commitment in its Strategic Equality Plan.
• In May 2022, the Welsh Government committed in principle to incorporate international human rights law in domestic legislation, in response to research on strengthening equality and human rights in Wales that it had commissioned in January 2020.
• In March 2021, the Socio-economic Duty, which aims to tackle socio-economic inequality, came into force in Wales.
• In 2020, the Welsh Government consented to provisions in the Coronavirus Act 2020 applying to Wales and introduced the Coronavirus Health Protection (Wales) Regulations, which set out restrictions on individuals and businesses.
• In 2020, the Welsh Government responded to recommendations from the Children, Young People and Education Committee’s report into children’s rights in Wales, including committing to publish an annual update of progress against recommendations from the UN Committee on the Rights of the Child. The first update report was published in March 2021.
• In 2020, the Welsh Government published Making Rights Work for Older People guidelines for health and social care to support the requirement on public authorities to have due regard to the UN Principles for Older Persons under the Social Services and Well-being (Wales) Act 2014.
• Though not yet fully implemented, the Additional Learning Needs and Education Tribunal (Wales) Act 2018 provides that a person exercising functions under the Act must have due regard to the UN Convention on the Rights of the Child and the UN Convention on the Rights of Persons with Disabilities.