52 Disclosure of information by Crown for purposes of investigation or proceedings.
(1) Subject to subsection (2), any obligation to maintain secrecy or other restriction upon the disclosure of information obtained by or furnished to persons in the service of the Crown, whether imposed by any enactment or by any rule of law, shall not apply to the disclosure of information for the purposes of any investigation, appeal or proceedings under the Fair Employment (Northern Ireland) Acts; and the Crown shall not be entitled in relation to any such investigation, appeal or proceedings to any such privelege in respect of the production of documents or the giving of evidence as is allowed to the Crown alone by law in legal proceedings.
(2) A Minister of the Crown or the head of a Northern Ireland department may by a certificate in writing, with respect to any document or information specified in the certificate, or documents or information of any class so specified, certify that in his opinion the disclosure of that document or information or of documents or information of that class would be prejudicial to the safety of the United Kingdom or any part of it or otherwise contrary to the public interest; and where such a certificate is given nothing in the Fair Employment (Northern Ireland) Acts shall be construed as authorising or requiring the communication to any person or for any purpose of any document or information specified in the certificate, or any document or information of a class so specified.
(3) A document purporting to be a certificate such as is mentioned in subsection (2) shall be received in evidence and, unless the contrary is proved, shall be deemed to be such a certificate.
(4) Where, in consequence of the enactment of subsection (1), any information is disclosed to persons not in the service of the Crown, those persons shall, without prejudice to subsections (1) and (2) and subject to subsection (5), be subject to the same restrictions upon the disclosure of the information as if they were in that service, and, in particular, the Official Secrets Act 1911 shall have effect in relation to them as if they were persons holding office under Her Majesty.
(5) Where a person to whom subsection (4) applies is a member officer or servant of the Commission or the Tribunal, that subsection shall not preclude his disclosing the information in question to any other person so far as such disclosure is necessary—
(a) for the purpose of communicating in accordance with the provisions of the Fair Employment (Northern Ireland) Acts the Tribunal’s decision on an appeal and the reasons for it;
(b) for the purposes of any criminal proceedings or to comply with the order of a court.
(6) Any reference in subsection (2) to a Minister of the Crown includes a reference to the Commissioners of Customs and Excise and the Commissioners of Inland Revenue.
(1) For the purposes of this Act and Part I of the Fair Employment (Northern Ireland) Act 1989 the holding of the office of constable shall be treated as employment—
(a) by the chief officer of police as respects any act done by him in relation to a constable or that office;
(b) by the police authority as respects any act done by them in relation to a constable or that office.
(2) There shall be defrayed as expenses of the police authority—
(a) any damages or costs awarded against a chief officer of police in any proceedings under this Act or Part I of the Fair Employment (Northern Ireland) Act 1989, any costs incurred by him in any such proceedings so far as not recovered by him in the proceedings, and any costs incurred by him in connection with any investigation under that Part so far as not defrayed by sums paid by the Commission under paragraph 10 of Schedule 1 to that Act; and
(b) any sum required by a chief officer of police in connection with the settlement of any complaint made or action brought against him under this Act, if the settlement is approved by the police authority.
(3) Any proceedings under this Act or Part I of the Fair Employment (Northern Ireland) Act 1989 which, by virtue of subsection (1), would lie against a chief officer of police shall be brought against the chief officer of police for the time being or, in the case of a vacancy in that office, against the person for the time being performing the functions of that office; and references in subsections (2) and (4) to the chief officer of police shall be construed accordingly.
(4) The police authority may make arrangements for the legal representation of the chief officer of police in any . . . proceedings under this Act or Part I of the Fair Employment (Northern Ireland) Act 1989.
(5) This section applies to a police cadet and appointment as a police cadet as it applies to a constable and the office of constable.
(6) In this section—
“chief officer of police”—
(a) in relation to a person appointed, or an appointment falling to be made, to the police force or as a police cadet in relation to that force, means the Chief Constable of the Royal Ulster Constabulary,
(aa) in relation to a person appointed, or to an appointment falling to be made, under section 9(1)(b) of the Police Act 1997 (police members of the National Criminal Intelligence Service) means the Director General of the National Criminal Intelligence Service;
(b) in relation to any other person or appointment means the officer who has the direction and control of the body of constables or cadets in question;
“police authority”—
(a) in relation to a person appointed, or an appointment falling to be made, to the police force or as a police cadet in relation to that force, means the Police Authority for Northern Ireland,
(b) in relation to any other person or appointment, means the authority by whom the person in question is, or on appointment would be, paid;
“police cadet” means any person appointed to undergo training with a view to becoming a constable;
“police force” has the same meaning as in the Police Act (Northern Ireland) 1970.
54 Procedure following investigation under s. 12 of Minister, government department, certain statutory bodies or statutory officers and police.
(1) This section applies where, following an investigation under section 11 of the Fair Employment (Northern Ireland) Act 1989, the Commission is of the opinion that action for promoting equality of opportunity ought to be taken by any of the following authorities, namely,—
(a) a Minister of the Crown or a government department or a person acting for purposes of such a Minister or department; or
(b) a member of Her Majesty’s forces acting as such; or
(c) any other person acting on behalf of the Crown, being a statutory body or a person holding a statutory office; or
(d) the Police Authority for Northern Ireland or the Chief Constable of the Royal Ulster Constabulary;
and, accordingly, sections 12(3), 14, 15 and 16 of that Act shall not have effect in relation to any such authority.
(2) Where the Agency asks for an undertaking such as is mentioned in section 12(2)(b) of the Fair Employment (Northern Ireland) Act 1989, but—
(a) the undertaking is not given, or
(b) the undertaking, although given, is not complied with,
the Agency shall, subject to subsection (4), send a report of the results of its investigation and of the opinion it has formed in relation to the subject-matter of the investigation (including any recommendations the Agency considers appropriate for action on the part of the authority concerned)—
(i) where the investigation related to a Minister of the Crown, to that Minister;
(ii) where the investigation related to a government department, to the Minister of the Crown in charge of the department, or in the case of a Northern Ireland department to the head of the department, or
(iii) where the investigation related to any other aughority, to the Minister of the Crown or the head of the Northern Ireland department generally responsible for matters falling within the scope of the functions of that authority.
(3) Where the report is sent to a Minister of the Crown he shall lay it before Parliament; and where the report is sent to the head of a Northern Ireland department he shall lay it before the Northern Ireland Assembly.
(4) If a report is required by subsections (2) and (3) to be sent to the head of a Northern Ireland department and laid before the Northern Ireland Assembly at a time when no such head stands appointed, the report shall, instead, be sent to the Secretary of State and laid by him before Parliament.
(5) A person who is not in the service of the Crown shall not be regarded as within subsection (1)(a) by reason only of his acting in pursuance of a contract entered into with a Minister of the Crown or a government department.
(1) Any notice or other document which is required or permitted by the Fair Employment (Northern Ireland) Acts to be served on a person may—
(a) if that person is an individual, be served on him—
(i) by delivering it to him, or
(ii) by sending it to him by post, addressed to him at his usual or last-known place of residence or business, or
(iii) by leaving it for him at that place; or
(b) if that person is a body corporate or unincorporate, be served on the body—
(i) by sending it by post to the proper officer of the body at its registered or principal office, or at its principal office in Northern Ireland, or
(ii) by addressing it to the proper officer of the body and leaving it at any such office.
(2) Subsection (1) does not prejudice any other lawful method of service.
(1) Any power of the Secretary of State to make an order under section 39(1) or section 59(5) shall be exercisable by statutory instrument.
(2) The power of the Department to make regulations under section 28 or an order under section . . .26(6A) or 49(3) shall be exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979.
(3) For the purpose of laying before the Northern Ireland Assembly—
(a) a draft of an order under section 49(3); or
(b) a report under section 54(2); or
(c) the Commission’s annual report,
section 41(3) of the Interpretation Act (Northern Ireland) 1954 (laying of statutory documents) shall have effect as if the draft order and the reports were statutory documents within the meaning of that Act.
(1) In this Act, unless the context otherwise requires,—
“access” shall be construed in accordance with subsection (7);
“act” includes a deliberate omission, and any reference to an act, action or other thing done shall be construed accordingly;
“advertisement” includes every form of advertisement, whether to the public or not, and whether in a newspaper or other publication, by television or radio, by display or circulation of notices or circulars, by exhibition of pictures, models or films or in any other way, and references to the publishing of advertisements shall be construed accordingly;
“affirmative action”has the meaning given by section 58 of the Fair Employment (Northern Ireland) Act 1989;
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“benefits” includes all opportunities, services and facilities, and, in particular, includes opportunities for training, transfer or promotion, for betterment of any kind (including more attractive times or conditions of work) or for any financial advantage (including bonuses, advances of money and preferential terms for acquiring property of any kind);
“the Commission” means the Fair Employment Commission for Northern Ireland;
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“complainant” means a person making a complaint that unlawful discrimination has been committed against him . . .
“complaint” means a complaint of unlawful discrimination made to the Tribunal under section 24;
“confer”, in relation to a qualification, includes renew and extend;
“contract” includes any contract, whether in writing or oral, express or implied;
“contravention”, in relation to any provision, includes a failure to comply with that provision;
“costs” includes expenses;
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“the Department” means the Department of Manpower Services for Northern Ireland;
“the Department of Finance” means the Department of Finance for Northern Ireland;
“discrimination” and “discriminate” shall be construed in accordance with section 16(1) to (4);
“employer” means—
in relation to a person who is seeking employment, anybody who has employment available;
in relation to a person employed under a contract of service or of apprenticeship or a contract personally to execute any work or labour, the person entitled to the benefit of that contract;
in relation to a person who has ceased to be in employment, his former employer;
and “employee”, correspondingly, means such a person as is first mentioned in paragraph (a), (b) or (c) of this definition;
“employment” means employment under a contract of service or apprenticeship or a contract personally to execute any work or labour, and, without prejudice to the definitions of “employer” and “employee” above, related expressions shall be construed accordingly;
“employment agency” means a person who, for profit or not, provides services for the purpose of finding employment for workers or supplying employers with workers;
“employment in Northern Ireland” shall be construed in accordance with section 49;
“enactment” includes an enactment contained in an Act of the Parliament of Northern Ireland or an Order in Council made under the Northern Ireland (Temporary Provisions) Act 1972, or in a Measure of the Northern Ireland Assembly;
“equality of opportunity” shall be construed in accordance with section 20 of the Fair Employment (Northern Ireland) Act 1989;
“financial year” means a year ending on 31st March;
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“government department” includes a Northern Ireland department;
“the High Court” means the High Court of Justice in Northern Ireland;
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“member”, in relation to a vocational organisation, includes (except in section 21) a person seeking to become a member and a person who has ceased to be a member, and in relation to such an organisation (other than an organisation of workers or employers) also includes any person belonging to a class of person recognised by the organisation as having any particular status in connection with an employment or occupation for the purposes of which the organisation exists, including students and associates, and “membership” shall be construed accordingly.
“Northern Ireland” includes such of the territorial waters of the United Kingdom as are adjacent to Northern Ireland;
“notice” means a notice in writing;
“occupation” includes any trade, business, profession or vocation, but not any employment;
“occupation in Northern Ireland” shall be construed in accordance with section 49;
“organisation” includes any society or association whether corporate or unincorporate;
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“practices” includes procedures and arrangements;
“proper officer”, in relation to any body corporate or unincorporate, means the secretary or other executive officer charged with the conduct of the general affairs of the body;
“qualification” includes authorisation, recognition, registration, enrolment, approval and certification;
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“the respondent”, in relation to a complaint, has the meaning given by section 24(1);
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“school” hasthe same meaning as in the Education and Libraries (Northern Ireland) Order 1986;
“the Standing Advisory Commission on Human Rights” means the commission constituted by that name under section 20 of the Northern Ireland Constitution Act 1973;
“statutory body” means a body set up by or in pursuance of an enactment, and “statutory office” means an office so set up;
“training” includes any form of education or instruction, except that in section 22 of this Act and sections 11(1)(e) and 20(4)(b)(ii) of the Fair Employment (Northern Ireland) Act 1989 it does not include education provided by—
a school, or
an institution of further education within the meaning of the Further Education (Northern Ireland) Order 1997 or an institution providing further education in respect of which grants are paid under Article 5(1)(b) of that Order, or
a college of education within the meaning of the Education and Libraries (Northern Ireland) Order 1986, or
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a university;
“the Tribunal” means the Fair Employment Tribunal for Northern Ireland;
“unlawful discrimination” shall be construed in accordance with section 16(5);
“vocational organisation” means—
an organisation of workers, or
an organisation of employers, or
any other organisation of persons engaged in a particular employment or occupation, or employments or occupations of any class, for the purposes of which the organisation exists.
(2) In this Act references to a person’s religious belief or political opinion include references to his supposed religious belief or political opinion and to the absence or supposed absence of any, or any particular, religious belief or political opinion.
(3) In this Act any reference to a person’s political opinion does not include an opinion which consists of or includes approval or acceptance of the use of violence for political ends connected with Northern Irish affairs (including the use of violence for the purpose of putting the public or any section of the public in fear).
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(5) For the purposes of this Act a person is seeking employment if he is available for employment, whether or not he is aware of the existence of an opportunity for any particular employment.
(6) References in this Act to submitting a person for consideration for employment include references to making available to an employer in any way relevant particulars relating to him.
(7) References in this Act to the affording by any person of access to benefits are not limited to benefits provided by him alone, but include any means by which it is in his power to facilitate access to benefits provided by others.
(8) Without prejudice to any provision of section 49 or any order under subsection (3) of that section and subject to any other provision of this Act which is limited by its express terms to acts done in Northern Ireland, references (however expressed) in this Act to acts done or to power to do any acts, other than references to acts which may be the subject of criminal proceedings under this Act, include references to acts done or power to do the acts outside Northern Ireland; and references to a contract include references to a contract the proper law of which is not the law of Northern Ireland.
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(11) Except so far as the context otherwise requires, any reference in this Act to an enactment shall be construed as a reference to that enactment as amended or extended by or under any other enactment, including this Act.
(12) In this Act, except where otherwise indicated,—
(a) a reference to a numbered Part, section or Schedule is a reference to the Part or section of, or the Schedule to, this Act so numbered, and
(b) a reference in a section to a numbered subsection is a reference to the subsection of that section so numbered, and
(c) a reference in a section, subsection or Schedule to a numbered paragraph is a reference to the paragraph of that section, subsection or Schedule so numbered, and
(d) a reference in a paragraph of a section, subsection or Schedule to a numbered sub-paragraph is a reference to the sub-paragraph of that paragraph so numbered.
58 Amendments and extension of enactments, and repeal.
(1) The enactments mentioned in Schedule 6 shall have effect subject to the respective amendments there specified (being amendments consequential on the provisions of this Act).
(2) The following enactments, namely,—
(a) section 5(2)(a) of the Parliamentary Commissioner Act 1967;
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(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
shall have effect in relation to the right of a person to make a complaint of unlawful discrimination under this Act as if it were such a right of appeal, reference or review as is mentioned in those enactments.
(3) Section 20(1)(b) of the Northern Ireland Constitution Act 1973 is hereby repealed.
(1) This Act may be cited as the Fair Employment (Northern Ireland) Act 1976.
(2) Subject to subsections (3) and (4) and without prejudice to section 57(8) . . . , this Act extends to Northern Ireland only.
(3) The amendments, extension and repeal of enactments which are made by section 58(1), (2)(a) and (3) and Schedule 6 have the same extent as the enactments that are so amended, extended or repealed.
(4) Sections 47 and 52 and so much of section 57 as applies for the interpretation of those sections extend to the whole of the United Kingdom.
(5) This Act shall come into operation on such day as the Secretary of State may by order appoint.
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SCHEDULE 1 The Fair Employment Agency for Northern Ireland
Section 1(2), Sch. 5 para. 12(1)(a).
Incorporation and status
1 The Commission shall continue in existence as a body corporate.
2 (1) The Commission is not an emanation of the Crown, and shall not act or be treated as the servant or agent of the Crown.
(2) Accordingly—
(a) neither the Commission nor any of its members or members of its staff as such is entitled to any status, immunity, privilege or exemption enjoyed by the Crown;
(b) the members of the Commission and members of its staff as such are not civil servants; and
(c) the Commission property is not property of, or held on behalf of, the Crown.
Tenure of office of members
3 (1) A person shall hold and vacate his office as chairman or other member of the Commission in accordance with terms of his appointment:
Provided that no such appointment shall be for a period exceeding five years in the case of the chairman and three years in the case of another member.
(2) A person may at any time resign office as chairman or other member of the Commission by notice to the Department.
(3) Past service as chairman or other member of the Commission is no bar to re-appointment.
Remuneration of members
4 The Department may pay, or make such payments towards the provision of, such remuneration, allowances (including allowances for expenses), pensions or gratuities to or in respect of the chairman and other members of the Commission, or any of them, as, with the approval of the Department of Finance, it may determine.
Staff
5 (1) The Commission may with the approval of the Department and the Department of Finance as to numbers and as to remuneration and other terms and conditions of employment—
(a) employ such officers and servants as the Commission considers necessary;
(b) employ the services of such other persons as the Commission considers expedient for any particular purpose.
(2) The Commission may, in the case of such persons employed by it as may be determined by the Commission with the approval of the Department and the Department of Finance, pay to or in respect of them such allowances (including allowances for expenses), pensions or gratuities, or provide and maintain for them such pension schemes (whether contributory or not), or contributory or other pension arrangements, as may be so determined.
Proceedings
6 (1) Without prejudice to any provision of Schedule 1 to the Fair Employment (Northern Ireland) Act 1989, the Commission may regulate its own procedure and business including the formalities for affixing its common seal to any document and, subject to sub-paragraph (2), its quorum.
(2) The quorum for meetings of the Commission shall, in the first instance, be determined by a meeting of the Commission attended by not less than five members.
7 The validity of any proceedings of the Commission shall not be affected by any vacancy in the office of chairman or other member of the Commission or by any defect in the appointment of the chairman or any other member.
Instruments
8 A document purporting to be duly executed under the common seal of the Commission shall be received in evidence and shall, unless the contrary is proved, be deemed to be so executed.
9 Any contract or instrument which, if entered into or executed by an individual, would not require to be under seal may be entered into or executed on behalf of the Commission by any person generally or specially authorised by the Commission to act for that purpose, and any document purporting to be such a contract or instrument shall be deemed to be such a contract or instrument until the contrary is proved.
Discharge of functions
10 (1) The Commission may authorise the discharge, under the general direction of the Commission, of its functions in relation to any matter or class of matters falling to be dealt with by it by either a member or a group of members of the Commission selected by the chairman.
(2) Anything done by or in relation to a member or group of members in or in connection with the discharge of functions he or they are authorised to discharge under sub-paragraph (1) shall have the same effect as if done by or in relation to the Commission.
(3) A group of members authorised to discharge any functions under sub-paragraph (1) may regulate their own procedure and business, including their quorum.
(4) The validity of any proceedings of a member or group of members so authorised shall not be affected by any defect in his appointment or any of their appointments; and the validity of the proceedings of any such group shall not be affected by any vacancy in their number.
(5) The chairman may select himself, as the member, or as one of the group of members, mentioned in this paragraph.
11 The Commission may appoint as assessors, to assist—
(a) the Commission; or
(b) any member or group of members authorised to discharge functions under paragraph 10,
in the investigation of any . . . matter, persons appearing to the Commission to have special knowledge and experience of the matters to which the investigation relates and of any other circumstances appearing to the Commission to be relevant.
Expenses and accounts
12 All expenditure incurred by or on behalf of the Commission—
(a) within the terms of any general authorisation in writing given by the Department and the Department of Finance; or
(b) with the approval of those Departments;’
may be defrayed as expenses of the Department.
13 (1) The Commission shall keep proper accounts in such form as may be approved by the Department, and proper records in relation to the accounts, and shall prepare in respect of each financial year a statement of accounts in such form as the Department, with the approval of the Department of Finance may direct.
(2) The accounts of the Commission shall be audited by auditors appointed by the Commission with the approval of the Department and shall be vouched to the satisfaction of the auditors.
(3) The Commission shall, at such time in each year as the Department may direct, transmit to the Department and the Comptroller and Auditor-General copies, certified by the auditors, of the annual statement of accounts.
(4) The Comptroller and Auditor-General—
(a) shall examine a copy of each annual statement of accounts of the Commission;
(b) may, in connection with such examination, examine any accounts kept by the Commission and any records relating to the accounts; and
(c) shall make a report on the copy of each annual statement of accounts and send the report to the Department.
(5) Subject to sub-paragraph (6), a copy of every annual statement of accounts of the Commission and a copy of the Comptroller and Auditor-General’s report thereon shall be laid by the head of the Department before the Northern Ireland Assembly.
(6) If no head of the Department stands appointed for the time being the copies mentioned in sub-paragraph (5) shall, instead, be sent by the Department to the Secretary of State and laid by him before Parliament.
(7) In this paragraph “the Comptroller and Auditor-General” means the Comptroller and Auditor-General for Northern Ireland.
Annual report
14 (1) The Commission shall prepare in respect of each financial year a report on the Commission’s activities during that . . . year (“the annual report”).
(2) The annual report shall include a general survey of developments, during the period to which it relates, in respect of matters falling within the scope of the Commission’s functions.
(3) Subject to sub-paragraph (4), the annual report shall be made to the head of the Department and shall be laid by him before the Northern Ireland Assembly.
(4) If no head of the Department stands appointed for the time being the annual report shall, instead, be made to the Secretary of State and laid by him before Parliament.
(5) The Department, or where sub-paragraph (4) applies the Secretary of State, shall cause the annual report to be published.
Section 58(1), 59(3).
The Northern Ireland Constitution Act 1973 (c.36)
1 In section 19 of the Northern Ireland Constitution Act 1973 (religious or political discrimination by certain public authorities to be unlawful)—
(a) at the beginning of subsection (1) there shall be inserted the words “ Subject to subsection (4) below” ; and
(b) after subsection (3) there shall be inserted the following subsection—
(4) This section does not apply to any act or omission which is unlawful by virtue of the Fair Employment (Northern Ireland) Act 1976 or would be unlawful but for some exception made by virtue of Part V of that Act.
2 In section 20(2) of that Act (membership of the Standing Advisory Commission on Human Rights), after paragraph (d) there shall be inserted the following paragraph—
(dd) the chairman of the Fair Employment Agency for Northern Ireland; and ;
and for “ (d)” in the second place where it occurs there shall be substituted “ (dd)”.
The House of Commons Disqualification Act 1975 (c. 24)
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The Northern Ireland Assembly Disqualification Act 1975 (c. 25)
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