Kemi Badenoch Calls for Public Sector Equality Duty Repeal, Citing Institutional Incompetence

Conservative Minister Kemi Badenoch has called for the repeal of the Public Sector Equality Duty (PSED), asserting that it has led to some groups being "preferred over others" and has rendered public bodies "institutionally incompetent." Speaking as part of a programme to "restore common sense," Badenoch contended that public bodies have "spent so long worrying about institutional racism that they have become institutionally incompetent."

Labour's Shadow Science Secretary, Liz Kendall, criticised the Conservative plans, stating they would "turn the clock back" and risk the repeal of a duty that protects individuals like pregnant women from dismissal. However, Shadow Equalities Minister Claire Coutinho countered, clarifying that protections against discrimination, such as those for pregnant women, are "totally separate" elements of the Equality Act and would remain intact under the Conservative proposal.

The PSED, implemented in England, Scotland, and Wales in 2010 as part of the wider Equality Act, mandates public bodies to give "due regard" to the need to eliminate unlawful discrimination and to advance equality of opportunity across protected characteristics, which include age, disability, race, pregnancy, sex, and sexual orientation.

Badenoch stated that "modern Britain is the least racist country on Earth" and argued that an "overcorrection" in equality policy has introduced discriminatory rules. She maintained that repealing the PSED is the "best way" to "remove discrimination from the law while still protecting equality under the law."

The Equality and Human Rights Commission (EHRC) clarified that the PSED's purpose is to ensure public authorities consider equality in their daily operations, serving to "help them make good decisions" rather than acting as a barrier. Disability Rights, a campaign group, expressed profound disagreement with the repeal, citing persistent "systemic discrimination" within society and institutions.

The move by the Conservatives marks a divergence from Labour, which has sought to strengthen equality protections, and Reform UK, which advocates for a complete repeal of the Equality Act.