Centre for Higher Education and Equity Research (CHEER)

Northern Ireland

Northern Ireland does not have a single equality act, and current law in Northern Ireland does not reflect some of the new or extended provisions contained within the Equality Act 2010.

In general, the legislation that applies in Northern Ireland is different to that for the rest of the UK, although many of the provisions that apply have been reflected in the legal framework via secondary legislation.

Section 75 of the Northern Ireland Act 1998 places public authorities, including HEIs, under a duty to have due regard to the need to promote quality of opportunity between people of different religious beliefs, political opinions, racial groups, marital statuses, or sexual orientations.

The Race Relations (Northern Ireland) Order 1997 prohibits discrimination and harassment on the grounds of race, colour, ethnic or national origins, nationality, including belonging to the Irish Traveller community. Case law has determined that the definition of ‘racial group’ used in the rest of the UK is broad enough to protect traveller communities in a range of circumstances. However, in Northern Ireland the protection of the Irish Traveller community is more explicitly stated within the legislation itself.

Public authorities are also required to have a regard to the desirability of promoting good relations between persons of different religious belief, political opinion, and racial group.

Each public authority must prepare an equality scheme which outlines how it proposes to fulfil the statutory details over a five-year period. This involves screening the equality impact of all existing and proposed policies and conducting equality impact assessments in order to promote equality of opportunity.

Section 76 of the Northern Ireland Act 1998 requires public authorities not to discriminate on grounds of religious belief or political opinion when carrying out functions relating to Northern Ireland.

Adapted from material published by the Equality Challenge Unit.