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SUMMARY

EQUALITY DUTY: PUTTING IT INTO PRACTICE

CONSULTATION ON PUBLIC SECTOR EQUALITY DUTY SPECIFIC DUTIES

SUMMARY

We are seeking views on the duties that should be placed on Scottish public authorities to assist them deliver on the general Equality Duty outlined in the UK Government’s Equality Bill.

1.1 Everyone should expect to be treated with respect, to be treated fairly and to have the opportunity to reach their potential. The Scottish Governmentand public authorities are working to promote equality and to ensure that no one is denied opportunities or disadvantaged through discrimination, prejudice or exclusion due to factors such as race, gender, gender identity, disability, sexual orientation, religion or belief, or age. This is essential in achieving a just and inclusive Scotland and successfully delivering our national outcomes.

Equality Bill

1.2 The UK Government introduced the Equality Bill in April 2009. This is a major piece of legislation which will simplify, strengthen and where possible harmonise current equality legislation into a single approach. As part of this change in legislation, a new general Equality Duty will be introduced which will require public authorities to be active in promoting equality, eliminating unlawful conduct and fostering good relations. Scottish Ministers can place additional duties on public authorities to assist the delivery of the general duty.

1.3 Public authorities in Scotland provide services and support to millions of people in key areas such as housing, education, policing, social work, health. They also employ thousands of people. What they do and how they do it is therefore important and influential. The public sector equality duties have helped to ensure that the delivery of services and the policies which inform them are responsive to people’s different needs and experiences.

Scottish Specific Duties

1.4 Scottish Ministers welcome the new single equality duty and the opportunity to develop a suite of specific duties which are strong and effective whilst being flexible, proportionate and focussed on outcomes. The approach we have taken in the consultation document recognises the importance of using equality evidence, consulting and involving communities and interests, being transparent and developing capability and leadership to underpin the effective performance of the general Equality Duty. These principles were established by the UK Government’s Discrimination Law Review consultation: A Framework for Fairness, in 2007. Any new duties must also fit with the Concordat between central and local government, our National Performance Framework, Public Sector Reform and our focus on outcomes, efficiency and transparency.

The Areas for Consultation

1.5 Scottish Ministers favour placing specific duties on Scottish public authorities and in the consultation we ask for views on a number of issues which will help us decide what form the specific duties might take. In particular we are asking:

- How public authorities can demonstrate that they are taking account of equality in their day to day work, with reference to all of the characteristics covered by the general equality duty. Should there be a duty on public authorities to report on this mainstreaming activity?

- Should public authorities set equality objectives, based on evidence and informed by consultation and how should these be made public?

- Should there be a specific duty for public authorities, when setting their equality objectives, to take reasonable steps to involve and consult employees, service users and other relevant groups who have an interest in how the authority carries out its functions?

- Should the setting of equality objectives be linked to business and corporate planning?

- Should public authorities report on progress against their equality objectives and review these objectives periodically. How should this be done and how often?

- Should the setting of equality objectives and reporting on these objectives be linked to the electoral cycle?

- Should public authorities with more than 150 employees report on their minority ethnic employment rate, their disability employment rate and provide information on the gender pay gap? We are also interested in views on reporting information on numbers of men and women at different levels and in different occupational categories within the organisation (occupational segregation).

- Should public authorities consider the impact of equality on their key services and policies and how might they demonstrate that this has been done?

- Should Scottish Ministers identify equality priorities for Scotland and report on these?

- What is the role of scrutiny and improvement bodies in supporting the public sector equality duty?

- Should public procurement be used to deliver equality outcomes through:

- Consideration of equality factors as part of public authorities’ public procurement activities

- Consideration of equality related contract conditions where these are relevant and proportionate

- Consideration of equality related contract award criteria where these are relevant and proportionate

- Which public authorities should be covered by the specific duties? We anticipate that local authorities, health boards, further and higher education institutions, police and fire services, the Scottish Government and its Agencies, education authorities and many Non-Departmental Public Bodies (NDPBs), amongst others, would be covered by the new specific duties.

- Should public authorities publish schemes or other documentation to help demonstrate the delivery of the specific duties?

1.6 We are keen to develop a strong framework of specific duties which is at the same time proportionate and flexible. We want to hear your views on what would work best for us in Scotland, what would help us advance equality and deliver improvements for the people of Scotland.