Commentary on Sections Section 1: Duty to have regard to gender inequality
6.Subsection (1) of section 1 of the 2002 Act allows the Secretary of State to provide development assistance to countries and territories outside the United Kingdom if the Secretary of State is satisfied that such assistance is likely to contribute to a reduction in poverty. Reduction in poverty must therefore be the aim of development assistance given under section 1.
7.Subsection (2) of section 1 of the Act provides that, before providing development assistance under section 1 of the 2002 Act, the Secretary of State shall have regard to the desirability of providing development assistance that is likely to contribute to reducing poverty in a way which is likely to contribute to reducing inequality between persons of different gender. Development assistance must still be likely to contribute to a reduction in poverty, and nothing in the Act changes that.
8.Section 3 of the 2002 Act allows the Secretary of State to provide assistance for the purpose of alleviating the effects of a natural or man-made disaster or other emergency on the population of countries outside the United Kingdom.
9.Subsection (3) of section 1 of the Act provides that, before providing assistance under section 3 of the 2002 Act, the Secretary of State shall have regard to the desirability of providing assistance in a way that takes account of any gender-related differences in the needs of the affected population. The assistance must still be for the purpose of alleviating the effects on the population of the disaster or emergency.
10.Subsection (4) of section 1 of the Act provides that actions taken before the passing of the Act may satisfy the two duties imposed in subsections (2) and (3). The effect is that if, in developing an assistance programme, the Secretary of State has in fact already taken account of the matter as required by the duties imposed by those subsections, then the fact that that was done before the Act comes into force does not matter.