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Dear Rob,
In a landmark verdict, the High Court
has today found that the process leading to the appointments of both
Dido Harding and Mike Coupe was unlawful. It held that Matt Hancock broke
the law in appointing Dido Harding as Chair of the National Institute for
Health Protection (NIHP) and in appointing Mike Coupe as Director of
Testing at Test and Trace (NHSTT). The High Court was also clear that the
Prime Minister broke the law in appointing Dido Harding as Chair of Test
and Trace.
The Court declared: “The Secretary of
State for Health and Social Care did not comply with the public sector
equality duty in relation to the decisions how to appoint Baroness Harding
as Interim Executive Chair of the NIHP in August 2020 and Mr Coupe as
Director of Testing for NHSTT in September 2020.” (paragraph 138 of the
judgment)
While the formal declaration reflects
only the appointments made by Matt Hancock, the High Court is clear that
the process adopted by the Prime Minister was also unlawful (paragraph 116
of the judgment). All three appointments breached the public sector
equality duty.
In reaching this conclusion, the
Court accepted the argument made by race equality think tank the Runnymede
Trust and Good Law Project that the recruitment process adopted by the
Prime Minister and the Secretary of State ignored the need to eliminate
discrimination against the country’s disabled and ethnic minority
communities, and to ensure they have equality of opportunity.
In appointing the wife of Boris
Johnson’s Anti-Corruption Tsar John Penrose MP to Chair the National
Institute for Health Protection, the Government failed to consider the
effects on those who, the data shows, are too often shut out of public
life. The Government also ignored its own internal guidance, which requires
Ministers to consider how discrimination law will be complied with.
The Runnymede Trust and Good Law
Project brought the case to highlight what it means to disadvantaged groups
for the Government to push its associates and donors into key jobs. The
Court’s declaration will have a real impact on how public appointments are
made in the future.
The Government must now take
seriously its legal and moral obligations to narrow the disadvantages faced
by people with disabilities and those of colour. Public appointments must
not be made without taking steps to eliminate discrimination and to advance
equality of opportunity, even when normal processes don’t apply, for
instance during a public health emergency. The Government will now have to
be much more careful to make sure its recruitment processes are fair,
equitable and open to all.
We want to thank you for your
continued support of this case. Without you, we simply couldn’t have done
this. We are the arrow, but you are the bow.
Thank you,
Jo Maugham - Good Law Project
You can read the full judgment from
the High Court here.
Good Law Project only exists thanks
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