‘Screened Out Without Mitigation’ Returning Equality in Northern Ireland to the Margins
Resources: Reports
This report examines how the statutory equality duties under Section 75 of the Northern Ireland Act 1998, as well as the use of the ‘call-in’ mechanism, are operating within Northern Ireland’s 11 local councils.
Authored by independent researcher Dr Robbie McVeigh and commissioned by the Equality Coalition, the report provides background on the legacy of sectarian discrimination in local government, explores ongoing tensions between the duties to promote ‘equality of opportunity’ and ‘good relations’ at council level, and highlights key issues in the collection and use of equality data – including significant gaps.
The report includes case studies from Equality Coalition members detailing their experiences using Section 75 to challenge council decisions or policies, and it explores how the ‘call-in’ mechanism is functioning in practice, outlining both its intended purpose and emerging concerns about its use.
Finally, the report sets out a series of recommendations – some aimed at improving the implementation of Section 75, and others specifically directed at local councils.
Key Findings
- Persistent Inequalities: Stark disparities remain in council workforces, particularly in terms of community background and gender—with over half of councils showing clear underrepresentation of either Protestants or Catholics, and eight councils employing less than 45% women.
- Equality Screening Failures: The default council response to policy reviews is often to “screen out without mitigation”, meaning they dismiss the need for deeper equality impact assessments—even on major decisions like budgets or housing.
- Misuse of Equality Mechanisms: The report documents how the equality duty is sometimes misapplied—or used selectively to block culturally or politically sensitive initiatives, such as Irish language signage, rather than to promote substantive equality.
- Weak Oversight & Transparency: There is no central repository of Equality Impact Assessments (EQIAs), and many councils do not publish or respond fully to requests for screening documents. Enforcement by oversight bodies remains limited.
- The ‘Call-in’ Mechanism: Intended to protect minority rights in council decisions, the report finds that use of the call-in mechanism is inconsistent and poorly monitored, with limited access to legal opinions meant to justify decisions.
Recommendations
- Establish a centralised and public EQIA database.
- Mandate councils to screen major policies, including budgets and land use decisions.
- Reform the interpretation of “good relations” to ensure it does not override equality obligations.
- Increase data collection on workforce diversity and apply intersectional analysis to assess systemic bias.
- Strengthen the legal enforceability of Section 75 duties across all councils.
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