Measures taken to tackle discrimination in Jersey over last 5 years

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WRITTEN QUESTION TO THE MINISTER FOR HOME AFFAIRS BY DEPUTY S. PITMAN OF ST. HELIER

ANSWER TO BE TABLED ON TUESDAY, 7th NOVEMBER 2006

Question

Would the Minister inform members, what work, if any, has been undertaken in conjunction with the Education, Sport and Culture Department in tackling discrimination in Jersey (and particularly racial discrimination) within the last five years? What future plans, if any, are there to work with the Education, Sport and Culture Department on the issue of racial discrimination?

Answer

A number of States initiatives have been followed over the last few years which have directly involved discussion about anti-discrimination legislation, and in some cases widespread consultation. In particular, the States adopted Employment Legislation (P.99/2000) which advocated that issues surrounding discrimination in the workplace should be dealt with through a separate all-encompassing discrimination law to be championed by the then Policy and Resources Committee. The matter is clearly a cross-departmental one, and therefore, with the change of the machinery of government this responsibility was transferred to the Chief Minister's Department.

Although the Chief Minister's Department provides the resources to support this initiative, I was asked by the Council of Ministers to promote the Law, having previously chaired the Race Relations Working Party, and been President of the Legislation Committee, which took to the States the proposal for the preparation of a Race Discrimination Law (Projet 32/2002).

The Education Sport and Culture Department has been at liberty to respond to the recent consultation on the Law, and there will be further opportunities for consultation on each of the sets of Regulations to the Law as the Law is rolled out to include other aspects of discrimination.

If the Race Regulations are adopted by the States, all States departments will have responsibilities under the Law.  If acts of discrimination occur in educational establishments either the Minister for Education Sport and Culture (if the school is a provided school) or the proprietor of the school, in any other case, will be potentially liable if a case of racial discrimination is brought.

The  Education  Sport  and  Culture  Department  has,  like  all  States  departments,  signed  up  to  the  Anti- Discrimination promise of the Community Relations Trust, which reads as follows –

1. We welcome and celebrate therichand diverse natureofourisland'scommunity. We promiseto treat everyone with dignity andrespect.
2. In  support of this  commitment we have put  into  practice  effective  measures designed to  prevent discrimination orharassmentongroundsof ethnic origin, nationality, gender, religion, sexual orientation, disability or age, both in our recruitment and duringthecourseofemployment.
3. We promiseto draw onthe talents, skills, experience, networks and different cultural perspectivesof a diverse workforce.
4. We are committedto the creation of a working environmentwherepeoplefeel they are respected and valued.
5. We promisetotreat all ofourcustomersand the widercommunity with respect.  Nomemberof staff or memberof the community willbeknowingly discriminated againstbecauseofwho they are orwhere they come from.

6. We invite ourstaffand our customersto hold us to thesecommitments.

The re-awarding of the Community Relations Trust anti-discrimination certificate will be dependent upon adherence to the principles set out above.