Good Relations & the Public Sector Equality Duty
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Good Relations & the Public Sector Equality Duty Chris Oswald Head of Policy & Comms EHRC Scotland February 13. The Context. National Outcome 7 - “We have tackled the significant inequalities in Scottish society.”

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Good relations the public sector equality duty chris oswald head of policy comms

Good Relations & the Public Sector Equality Duty

Chris Oswald

Head of Policy & Comms

EHRC Scotland

February 13.


The context

The Context

  • National Outcome 7 - “We have tackled the significant inequalities in Scottish society.”

  • National Outcomes on employment, education, health, crime, older people, life chances and public services.

  • Single Outcome Agreements

  • The impact of the recession and demographic change

  • Christie Commission – Reform of public services


Public sector equality duty purpose

Public Sector Equality Duty: purpose

  • Take effective action on equality issues

  • Make the right decision, first time round

  • Develop better policies and practices, based on evidence

  • Be more transparent, accessible and accountable

  • Improve outcomes for all


General equality duty

General Equality Duty

  • eliminate unlawful discrimination, harassment, victimisation and any other conduct prohibited by the Act;

  • advance equality of opportunity between people who share a protected characteristic and people who do not share it; and

  • foster good relations between people who share a protected characteristic, or not


Good relations general duty unpacked

Good Relations – General Duty unpacked.

  • ...involves having due regard, in particular, to the need to—

  • (a)tackle prejudice, and

  • (b)promote understanding.


General equality duty1

General Equality Duty

  • Single duty covering 8 of the protected characteristics – age, disability, gender, sexual orientation, race, religion and belief, gender reassignment, pregnancy and maternity

  • It covers marriage and civil partnership in relation to the non-discrimination duty only

  • Covers all “listed” public authorities

  • Also covers all bodies carrying out a public function, in relation to that function

  • A “public function” is one defined as such by the Human Rights Act 1998


Overview of scottish specific duties

Overview of Scottish specific duties

  • Mainstreaming equality

  • Equality outcomes

  • Assessment and review

  • Employment information

  • Gender pay gap information

  • Equal pay statement

  • Procurement

  • Scottish Ministers duty

  • Publication duty


Equality outcomes

Equality Outcomes

As a public authority, you must;

  • publish a set of Equality Outcomes by 30/04/13 and every four years thereafter

  • take reasonable steps to involve people with protected characteristics in preparing outcomes

  • consider relevant evidence relating to protected characteristics

  • publish reasons for not setting outcomes on individual protected groups

  • publish a progress report by 30/4/15 and every two years thereafter


Equality outcomes1

Equality Outcomes

What they are not;

  • Outputs

  • Performing the other specific duties

  • Making your services accessible

  • About your services or functions


Equality outcomes2

Equality Outcomes

What they are;

  • results that you aim to achieve in order to further one or more of the ‘needs’ of the general equality duty

  • changes in the lives of people affected by what you do

  • as a consequence of the actions you have taken


Equality outcomes partnerships

Equality Outcomes Partnerships

  • General equality duty is held by the individual authority

  • Does not extend to partnerships except in relation to the authorities partnership activities


Equality outcomes partnerships1

Equality Outcomes Partnerships

  • the most pressing issue of inequality may be one which can only be addressed through partnership

  • partners may wish to confer on preparing outcomes and working jointly towards achieving progress

  • accountability for equality outcomes rests with the individual body


Our approach

Our approach

  • Hands off – for those authorities who we believe are performing well

  • Hand in hand – assisting those authorities who are struggling with issues such as using equalities evidence (see Improving Local Equality Data)

  • Hands on – for the minority of cases where either the authority is not willing to make changes or to clarify areas of conflicting rights.


Monitoring outcomes

Monitoring Outcomes

  • Major monitoring & reporting project planned

  • Commences May 2013, looks at all published outcomes from all 300 PA’s

  • Identifies non compliant authorities

  • Assesses the type and nature of published outcomes, by sector, evidence base, scope etc

  • And reports to Scottish Parliament in Autumn 2013.


Good relations the public sector equality duty chris oswald head of policy comms

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0141 228 5910

www.equalityhumanrights.com

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