Equality Commission
The Equal Opportunities Commission for Northern Ireland is established to work towards the elimination of discrimination, elimination of harassment, and to promote equality of opportunity between men and women generally. They are to keep the equality legislation under review. They may undertake research or assist in research. They may provide educational facilities.
The Commission is to keep under view statutory provisions that treat men and women differently and, if required by the Department, make a report on any matter connected with those duties.
The Commission may publish codes of practice and give practical guidance in relation to the elimination of discrimination in the field of employment, elimination of harassment, promotion of equality of opportunity, and equality of opportunity for those who have undergone gender reassignment. The Commission is to consider representations and consult various relevant organisations and bodies before issuing its guidance and codes of practice.
The Commission has the power to conduct formal investigations for any of the purposes. It may appoint a full-time Commissioner for the purpose of formal investigation. It may nominate one or more Commissioners and delegate functions of the investigation to them.
Investigations must take place in accordance with terms of reference, which are to be drawn up by the Commission. The Commission is to give general notice of the holding of the investigation unless it is confined to the activities of named persons.
Where the investigation is confined to the activities of named persons, and it is proposed to investigate alleged unlawful activity, the Commission is to notify the persons accordingly and give them the opportunity to make oral or written representations. The persons may appear by counsel or solicitor or some other representative.
The Commission has the power to obtain information by notices. It may require persons to furnish information as may be described. Notices must be authorised by the Department or within the terms of reference of an investigation.
If a person fails to comply with a notice, the Commission may apply to the County Court for an order compelling compliance. It is an offence to suppress, conceal or destroy documents required by a notice or knowingly or recklessly to make a false statement.
In light of the Commission’s findings under formal investigation, it may make recommendations with a view to promoting equality of opportunity between men and women. It may make recommendations to the Department for any changes in law or otherwise.