Housing and Race in Industrial Society by David H. McKay

Author:David H. McKay [McKay, David H.]
Language: eng
Format: epub
Tags: Business & Economics, Real Estate, Buying & Selling Homes, Law, Discrimination, Social Science, Sociology, General
ISBN: 9781000156232
Google: hWLyDwAAQBAJ
Barnesnoble:
Goodreads: 26637224
Publisher: Routledge
Published: 1977-01-01T00:00:00+00:00

At the same time, the government acknowledged that a strategic approach would have to be related to the general problem of inner city areas:

Finally, the problems of racial disadvantage can be seen to occur typically in the context of an urban problem whose nature is only imperfectly understood. There is no modern industrial society which has not experienced a similar difficulty. None has so far succeeded in resolving it.87

The Race Relations Bill which followed in 1976 therefore included in its definition of discrimination acts which are discriminatory in effect, but not in intention. Taken together, the white paper and the Bill show that the government is aware of the complexities involved in trying to eliminate racial disadvantage, but they also show how it has stopped short of attempting a precise definition of what is legal and illegal under the new law. It can only be assumed that the range of practices which earlier in the chapter were demonstrated to have produced disadvantage will each have to be tested in the courts.

This is particularly likely given the greatly expanded role of the courts under the new Bill. The complaint procedure and conciliation process will be abolished but individuals will be able to take their grievances to County Courts which, in addition to having expanded injunctive powers, will be able to award unspecified damages including compensation for injury to feelings. In addition, a new body, the Commission for Racial Equality, which will replace both the Race Relations Board and the Community Relations Commission, will be responsible for more wide-ranging investigations into discriminatory practices During its investigations the Commission will be able to subpoena witnesses and evidence and should it form a judgement of discrimination it will be able to issue non-discrimination notices. Recourse to the courts is also available to the Commission, especially with regard to discriminatory advertising.

At the time of writing the Bill is going through Parliament and the final version may differ from the published Bill. Assuming the changes are small, however, it is clear that this legislation represents a quite dramatic departure from the 1965 and 1968 Acts. The courts’ role is critical, and the new Commission for Racial Equality will be centrally placed to launch a strategic assault on discrimination. Because the individual complaint procedure is abolished, the new law has been attacked for failing to provide for individual redress (except through the courts).88 Certainly, unless the Commission provides individuals with special help, few will be prepared to go through the daunting and often humiliating process involved in litigation. But the main emphasis of the new law is less on providing redress for individuals, than on establishing precedent-setting judicial and administrative decisions which will have consequences far beyond the individuals involved in particular cases.

On the face of it, a switch from individual redress to a strategic attack on institutionalised discrimination and disadvantage represents a radical change in policy. Certainly, the 1976 Bill implies much more than the symbolic or token gestures to racial equality contained in the 1965 and 1968 Acts.

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