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The Equality Agenda: A View from the TUC

A critical analysis of the government's equality strategy, dismantling of the equality infrastructure, access to justice issues, and the Equality Duty Review. Examines the impact on businesses and the need for proactive measures.

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The Equality Agenda: A View from the TUC

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  1. The Equality Agenda: A View from the TUC Sally Brett, Senior Equality Policy Officer, TUC

  2. Government’s Equality Strategy • “[an] approach to tackling inequality... that moves away from treating people as groups or ‘equality strands’ and instead recognises we are a nation of 62 million individuals.” Coalition Government ‘s Equality Strategy • “..a new approach, not built on bureaucracy... Government cannot and will not do this by dictating from the centre.” Theresa May introducing the Strategy, December 2010

  3. Dismantling the equality infrastructure • Equality legislation – repeals to the Equality Act 2010 and attacks on access to justice • Statutory equality body – cuts to EHRC, reduced functions and remit, independence undermined • Civil society – funding cuts, increased demand, Government and public bodies disengaging • Equality Duty Review – threatens to repeal positive obligations to prevent discrimination, consider equality, engage with civil society and restrict EHRC’s role further

  4. Equality Act 2010 repeals • Third party harassment and questionnaire procedure being repealed through ERR Bill • Wider tribunal powers to make recommendations to be repealed in future • Majority consultation responses opposed repeals • TUC submitted evidence from trade unions showing importance of provisions • Ministerial response – individuals can still ask for information, not one business group mentioned benefits of questionnaires, third party harassment is ‘excessive use of regulation’

  5. Views of business • Vast majority agree workplace equality legislation is important – even 60% of micro businesses gave 9 or 10 out of 10 on a scale of support • Most businesses have an equality policy – only 0.3% said they didn’t have one because it was “too much bureaucracy” • Less than 1 in 10 had dealt with a discrimination complaint in previous 3 years and minority of these were unhappy with outcome or process (www.culture.gov.uk/publications/9552.aspx)

  6. Access to justice • “Without the kind of information which individuals can only obtain through written questionnaires under s.138, in many cases it will be almost impossible to prove discrimination” Discrimination Law Association • End of EHRC grant funding for discrimination advice and casework at local level • £1,200 tribunal fee for discrimination case from 2013

  7. EHRC Reform • Repeal of general duty and good relations duty and functions through ERR Bill • Helpline closed and Government commissioned Equality and Advisory Support Service launched • Steady-state budget of £17.1m agreed compared to 2010/11 budget of £48.3m • Framework Document with GEO undermines independence • Further review threatens more reform in 2013

  8. EHRC Reform • UN concerns about EHRC reform – disproportionate cuts, financial instability, independence undermined, Board appointments • Domestic opposition from unions, VCS organisations, Labour Party and within Lords • Pressure for greater parliamentary accountability • Baroness Onora O’Neill is new Chair and new commissioners include Sarah Veale from TUC – new opportunity for fresh start?

  9. Equality Duty Review • “This government has a strong commitment to equality of opportunity. But we also have a strong desire to reduce unnecessary bureaucracy where it exists and consider alternatives to legislation.” Response to Red Tape Challenge on Equalities

  10. Review details announced • Phase 1 – Initiation • Phase 2 - Evidence Gathering • Using public sector bodies to gather evidence through their channels • Review existing research and evidence • Conduct a series of roundtable evidence-gathering exercises by theme or sector • Use social media to encourage wider engagement • Phase 3 - Findings and Conclusions • Analyse material and develop review conclusions • Produce a report to Ministers by April 2013

  11. Steering group • Comprises Conservative and Lib Dem Councillors, ex-Tory MP, senior figures involved in free schools, NHS commissioning, Deputy Mayor for London plus Director-General of GEO and EHRC Chair • Member details here: http://www.homeoffice.gov.uk/equalities/equality-act/equality-duty/equality-duty-review/membership-steering-group/

  12. Purpose and objectives • Purpose • Whether the Duty is operating “as intended” • Objectives • How both the General and Specific Duties are working • How effectively the Duty supports delivery of the Government's Equality Strategy • Options and recommendations for changes or improvements in the way the Duty operates

  13. David Cameron’s CBI speech • "We have smart people in Whitehall who consider equalities issues while they're making the policy. We don't need all this extra tick-box stuff. •  "So I can tell you today, we are calling time on Equality Impact Assessments. You no longer have to do them if these issues have been properly considered.“

  14. Jo Swinson’s blog • “As Liberal Democrats we don’t think equalities should be about ticking-boxes and regulatory hoops – it’s too important to be relegated to an administrative duty. Advancing LGBT, gender, disability and race equality will only be achieved by putting equalities at the heart of every department.” www.libdemvoice.org/jo-swinson-mp-writesequality-is-about-more-than-ticking-boxes-32672.html

  15. Introduction of race duty • “In considering any new element of Government policy, a Minister must consider the implications for ethnic minorities and race equality generally ... The public services must recognise that it is no good simply paying lip-service to race equality: they must ensure that race equality is at the heart of their organisation’s considerations...” Mike O’Brien MP

  16. Stephen Lawrence’s legacy • “If the equalities bill is not done properly it will devalue people and devalue the work I have done for the last 20 years. It is very serious... I think about what it was like before the inquiry... the inequality, within institutions and within their work. If we don't make a stand we will go back to those days and I don't think we should.“ Doreen Lawrence, Guardian, 18 December 2012

  17. Civil society • Massive cuts to voluntary sector and False Economy analysis of VAW sector finds small, specialist organisations hit hardest • Commissioning risks “reducing independent organisations to the status of sub-contractors... Blunting their willingness and ability to criticise or fight for social justice” Andy Benson, NCIA • Equality Duty changes mean less pressure for engagement plus Government disengaging e.g. abolition of Women’s National Commission

  18. Trade unions • Attacks on facility time and austerity and change in political climate make it harder to progress equality at work (TUC Equality Audit) • But trade unions are still reporting collective bargaining successes on equality • And trade unions are still taking steps to target recruitment and ensure proper representation within union structures

  19. A view from the TUC • ‘Two steps forward, one step back: How the Coalition is dismantling our equality infrastructure’ http://touchstoneblog.org.uk/2012/09/dismantling-our-equality-infrastructure/

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