Generally “due regard” means that public authorities should confront the general equality duty according to Section 149 (1) in a conscious manner, consider the necessity of its execution and integrate it into their daily activities. The precise meaning, however, is clarified in the so-called Brown principles. The six principles stem from the case Brown, R v Secretary of State for Work and Pensions [2008] EWHC 3158 (Admin), in which the relevant court examined what an obligated public authority needs to do in order to adheer to the duty of having “due regard” for the three equality goals. The resulting formalised Brown principles were recognised in later cases by other British courts and are now used to examine the adherence to the general equality duty. In addition, they may serve as guiding principles for Northern Irish authorities intending to meet equality duties.
According to the Brown principles, public authorities in Great Britain should ensure that
- decision-makers are aware of their duty to have “due regard” for the identified aims,
- they consider the general equality duty before and during discussions of a particular policy as well as at the time a decision is taken,
- the equality duty is exercised in substance, with rigour and with an open mind,
- the equality duty is not delegated to a third party,
- the equality duty is constantly valid,
- “good practice” records are kept when it comes to regard for the aims in order to prove that the general equality duty was fulfilled.