NI Equality / s.75 NIA 1998 — Section 75 screening not done on enforcement policy
Section 75 of the Northern Ireland Act 1998 places a unique duty on public authorities, including DfI, to have due regard to the need to promote equality of opportunity across nine categories (religion, political opinion, racial group, age, marital status, sexual orientation, men/women generally, disability, dependants). DfI must conduct an Equality Impact Assessment / Section 75 screening on enforcement policies. Where a PCN follows a policy that has not been EQIA'd, the equality duty is engaged and a complaint can be lodged with the Equality Commission for NI alongside the appeal.
Legal basis
Northern Ireland Act 1998 s.75 and Sched 9; Equality Commission for Northern Ireland guidance
How to identify this in your case
FOI DfI for the s.75 screening report on the enforcement policy / new contravention. If absent, raise.
Sample appeal wording
Dear Sir/Madam, Re: PCN [PCN_NUMBER] The Department is bound by section 75 of the Northern Ireland Act 1998. Please supply the section 75 screening / EQIA conducted on the enforcement policy under which this PCN was issued, including impact on persons with disabilities, low-income groups, and the categories listed in Schedule 9. In the absence of a screening I will refer the matter to the Equality Commission for Northern Ireland. Yours faithfully, [NAME]
Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.
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- legislation.gov.uk/ukpga/1998/47/section/75
- equalityni.org