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EQUALITY COMMISSION FOR NORTHERN IRELAND

Corporate Plan 2016-2019

Consultative Draft

Introduction

We are pleased to introduce this consultative draft of our Corporate Plan 2016-2019 and trust that you will engage with us in setting the Commission’s strategic direction and helping to shape our work for the coming period.

The Corporate Plan is a framework document which will guide our work for the next three years. We recognise that, as a high level framework, it needs to be dynamic and flexible and we are committed to reviewing the strategic priorities each year. Our annual business plans will reflect and take account of new developments and the changes in the wider environment. In particular, the impact of any further resource reductions on what we can deliver, following reductions over the last seven years, will need to be considered.

This draft sets out a general framework for our work and it will be revised in the light of the consultation. It will then be submitted to our sponsor Department, the Office of the First Minister and Deputy First Minister, for approval, before final publication.

We are consulting for a twelve week period on this draft Corporate Plan, until 8 March 2016. We will consult widely through consultation meetings and online. We trust you will comment on this consultative draft, whether as individuals, as organisations working on equality and human rights issues, as those representing organisations with responsibilities under the legislation and/or representing the interests of groups protected under the legislation.

We look forward to hearing your views.

Dr Evelyn Collins CBEChief Executive15 December 2015

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Foreword Equality matters for all of us and there is a need for a clear focus and consensus on how the reality of equality benefits everyone, whether in work, education or other aspects of our society.

Equality matters particularly in times of austerity and social change. Its presence or absence is significant as we continue to address the issues that affect us in our currently divided society. We know about and are continuing to take action to address the inequalities experienced by the groups protected by our anti-discrimination and equality legislation. We know too that the barriers and inequalities experienced by equality groups can be exacerbated by poverty and social exclusion and we are committed to highlighting this link and the continuing need for action to address poverty and social exclusion experienced by a range of equality groups.

There remains an important role for us as the independent equality body in Northern Ireland. We have a central role in the architecture of the protections against unlawful discrimination and support for the promotion of equality of opportunity. We will continue to fulfil this role, recognising our unique contribution and the scope this provides to be a champion on these matters. It is important that we continue to act, and are seen to act, independently and that we are not partisan in our approach. We will continue to deliver our statutory remit without fear or favour.

We have identified that our focus going forward should be to: Champion equality and good relations; Challenge inequalities; Put the legislation to work; and Deliver equality effectively and efficiently.

The importance of this work must be reflected not only in our actions and deeds; we also work through partnerships to achieve change and listen to our stakeholders to ensure our focus remains sharp. We also need to ensure that the necessary resources continue to be allocated, while recognising that we will need to focus on delivering the work which will have the greatest impact, using our resources to best effect, fulfilling our commitments and contributing to achieving our vision of equality for all.

Dr Michael WardlowChief Commissioner

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About the Commission

Our commitment

We believe that there are both social and economic benefits to be derived from ensuring equality for all in Northern Ireland. We are committed to carrying out our functions in a way which will contribute to a more equal society.

Our Vision

Our vision is of a society in Northern Ireland where there is equality for all and a common understanding of the benefits of a more equal society.

Our Mission

Our mission is to improve people’s lives through the effective implementation of our statutory responsibilities.

Values

In addition to setting out what we want to achieve, it is also important to say how we want to achieve it. In carrying out our work with and for others, we adhere to the following values:

we are open, honest and trustworthy; we act with integrity, with courage and with impartiality; we listen.

Principles

Our work is founded on a number of principles – we ensure that we:

are accountable for our decisions and actions act on a strong evidence base provide an expert, relevant and responsive service to all respect all those who have dealings with us strive for excellence in all we do challenge inequalities actively are both leaders and partners in driving positive change on equality

and good relations.

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Our powers and duties

Our powers and duties come from a number of statutes which have been enacted over the last decades, providing protection against discrimination in employment and in the provision of goods, facilities and services on the grounds of age (in employment matters), disability, race, religion and political opinion, sex and sexual orientation. We also have responsibilities arising from the Northern Ireland Act 1998 and Disability Discrimination Act 1995 in respect of the statutory equality and good relations duties which apply to public authorities.

The Commission, with the Northern Ireland Human Rights Commission, has been designated under the United Nations Convention on the Rights of Disabled Persons (UNCRPD) as the independent mechanism tasked with promoting, protecting and monitoring implementation of UNCRPD in Northern Ireland

In general terms, our statutory remit provides that we are to:

promote equality of opportunity and affirmative action work towards the elimination of unlawful discrimination and harassment keep relevant legislation under review promote good relations between persons of different racial groups and

good disability practice oversee the effectiveness of statutory equality and good relations duties

on public authorities.

This statutory framework enables us to advance equality through a range of mechanisms, for example by providing direct advice and support to individuals and assisting organisations to meet the requirements of equality law; producing publications and running conferences and seminars; undertaking research and education activities; influencing policy makers; assisting individuals with complaints of discrimination under the law; and conducting investigations.

We use a combination of our powers to encourage and to enforce changes to policy, practices and procedures in favour of greater equality and good relations and we will continue to do so.

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Our focus and achievements

This Corporate Plan period will take us through the fortieth anniversaries of both the Fair Employment and the Sex Discrimination legislation. It also takes us into the year that marks the twentieth anniversary of our own establishment as the Equality Commission for Northern Ireland; one of the institutions created by the Northern Ireland Act 1998 as a consequence of the Belfast/Good Friday Agreement1 and the preceding White Paper Partnerships for Equality2

Since our establishment in October 1999, we have been central in securing:

greater protections from unlawful discrimination for individuals, not only through the extension of protections on the grounds of age and sexual orientation, but also incremental changes across the anti-discrimination grounds arising from both legislation and caselaw.

improved working practices in organisations which are alert to their responsibilities not to discriminate unlawfully.

changes to the way policies are developed by public authorities, given they must give the appropriate consideration to the need to promote equality of opportunity and desirability of promoting good relations when planning and delivering their functions.

recognition of the continuing impact of inequalities in specific areas. Through a rolling programme of identifying and updating what we know about these inequalities, we continue to inform and challenge policy makers and our elected representatives so that improvements can be secured to the public policy and legislative framework which provide the context for advancing equality for all in Northern Ireland.

a positive influence on the development and delivery of public services that, to a greater extent, are planned with the needs of those who experience inequalities in mind and with policy goals which reflect the benefits to us all of having equality of opportunity and good relations. The most recent Programme for Government (2012-2015) clearly

1 The Belfast Agreement: Agreement reached in the multi-party talks on Northern Ireland, Cm 3883, HMSO, 19982

White Paper: Partnership for Equality: The Government’s proposals for future legislation and policies on Employment Equality in Northern Ireland, Cm 3890, March 1998

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reflected, at the highest level, the intrinsic importance of equality and good relations to our future growth and prosperity.

stakeholder confidence in us to promote equality of opportunity for all, and as a valued source of expert advice (“Do you mean me?” report 2012).

In the past four years, we have:

challenged received wisdom and perceptions with evidence and research on key inequalities, and in areas such as attitudes and experiences of equality in Northern Ireland (such as our “Do you mean me?” report 2012), as well providing sources of data which retain their significance such as on the composition of the monitored workforce.

used this evidence to influence policy makers, such as our research on childcare having influenced the goals and focus of the Executive’s Childcare Strategy to ensure it is not only child focused but also reflected the goal of women’s economic participation through accessible childcare.

maintained pressure on the Executive to fulfil its commitment to legislate and provide protection from discrimination on the grounds of age in the provision of goods, facilities and services.

established our role, with the Northern Ireland Human Rights Commission (NIHRC), to monitor the implementation of the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD) and engaged with disabled people to raise awareness of our role; inform and shape our related work; and learn from their insights and experiences; in order to distil and feed back to the Executive and the UN on gaps in implementation.

given advice more than 3,300 people each year who believe they may have been discriminated against, and directly supported over 250 people to enable them to pursue their complaints through the tribunal and court system.

given advice to more than 3,000 employers or service providers each year who need to meet their responsibilities under the legislation and ensure they do not unlawfully discriminate.

used our enforcement powers under the statutory equality and good relations duties to challenge a number of public authorities on their complied with the commitments made in their equality schemes.

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People we’ve supported

Nicola McNamee was supported by the Commission to bring her case to Tribunal. She was dismissed by her employer shortly after she informed them of her pregnancy. Nicola was delighted at the outcome as her former employer was found to have discriminated against her. As a result, she received compensation which would help support her and her daughter.

Dr Lennon complained of religious discrimination by the Department for Regional Development in its failure to appoint him to the post of Chairman of Northern Ireland Water and in the arrangements made for that appointment. The Tribunal ruled that Dr Lennon had been discriminated against on grounds of religious belief; the Department had not provided a non-discriminatory explanation for the less favourable treatment Dr Lennon had experienced in the appointment process. The case highlighted the protections afforded by anti-discrimination law in respect of public appointments, including those involving the exercise of a Minister’s discretion, and the importance of transparency and accountability in the appointment process.

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The protections in the anti-discrimination legislation mean that James Cosgrove should have been able to enjoy a night out in a restaurant with his friends, but he was refused access as he was accompanied by his guide dog Imogen. He and his friends explained the law at the time, but this did not change the view of the staff that evening. He brought his case to the Commission for support in order that others would not be prevented from accessing services.

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Going forward

We anticipate that the planning period will continue to be marked by political, financial and administrative uncertainty. The economic climate will continue to be difficult and we recognise the impact this is having and will continue to have on different people and their circumstances. We know that continuing reductions in public funds are likely to have a significant impact on those who already experience inequality. We also know that our communities will continue to experience a range of inequalities, which are understood and experienced in different ways; we will continue to prioritise addressing key inequalities.

The wider political context will be shaped by the outworkings of the recent Fresh Start agreement3. The agreement aims to give more stability to the financial and budget position, introduce institutional changes to improve the administrative framework and tackle some deep rooted issues relating to culture and symbols, as well as the legacy of our past.

Through its Together: Building a United Community strategy the Executive has renewed its commitment to improving community relations and moving closer to a more united and shared society.

Both of these developments establish the framework within which our new plan will be delivered and, in this climate, we are clear about the need to:

champion equality and good relations, as they are central to ensuring a prosperous and thriving Northern Ireland; and

support, consistently and continuously, and make the case for positive change through greater equality for everyone.

We know the strengths in using our legislative framework as a driver for change: whether in the workplace; in the provision of goods, facilities and services; or the mainstreaming of equality and good relations considerations through public policy and public services. We remain in a unique position to evidence and argue for what that framework needs to be, and know that this can shape the wider discourse. We also anticipate the pace of change to our legislative framework on equality and good relations will be little different from the past few years, but that does not inhibit our role in continuing to make the case for legislative reform.

During the last Programme for Government period, 2012 – 2015, we engaged in planning for augmentation to our roles and establishment as

3 A Fresh Start: The Stormont Agreement and Implementation Plan, 17 November 201510

the Equality and Good Relations Commission as set out in the Together: Building a United Community strategy. However, in this planning period we do not now anticipate major changes to our mandate in this respect.

The Commission is in a unique position and charged with the statutory role to work towards the elimination of unlawful discrimination and promote equality of opportunity, amongst other things. We are not, though, a lone voice and we recognise the strength of partnership and coherence of purpose with others working to the same goals, particularly in the current political and economic climate. We will continue to embed the principles of partnership working through the period of the Corporate Plan.

While recognising that the economic climate in relation to public finances will continue to be difficult, we assume the Commission will continue to receive the political and financial support from the Office of the First Minister and Deputy First Minister (OFMDFM) necessary to deliver our statutory remit, with adequate resources to deliver on our key priorities.

However, it should be noted that any annual savings necessary to meet potential budget requirements are likely to result in a further reduction in staffing levels and corresponding commitments. The cumulative impact of required reductions over the last seven years is set out in the financial review section. The Commission will need to continually review the way it delivers on its powers and duties to ensure it is using resources to best effect during the coming years.

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Our proposed strategic priorities 2016 – 2019

From our planning context and assumptions, we have identified four strategic priorities to guide our work over the next three years. These are grounded in our legislative remit; our continuing duties to individuals, those who have responsibilities under the legislation and our other stakeholders; the evidence of key inequalities which provide the context for our work; and the resources available to us.

The four proposed strategic priorities are:

1. Champion equality and good relations;2. Challenge inequalities;3. Put the legislation to work; and4. Deliver equality effectively and efficiently.

These strategic priorities are each supported by a set of objectives detailed below, followed by examples of work which will continue or is planned for 2016. Illustrative indicators are set out in the next section and these will enable us to track progress over the period. These will be refined following the consultation process, and appropriate targets developed.

1. Champion equality and good relations

At the heart of this Corporate Plan is a clear focus on the Commission championing equality and good relations to drive social and economic wellbeing in Northern Ireland.

The Commission will:

Communicate the importance of, and reinforce the case for, equality and good relations in Northern Ireland.

Work with strategic partners to shape the public policy framework to influence greater equality and good relations outcomes, including by securing key commitments in the Programme for Government, and via the full implementation of a range of Northern Ireland equality strategies

Keep the effectiveness of the legislation under review in order to champion and present solutions for a more effective and streamlined legislative framework for equality and good relations protections.

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Intervene in a number of areas of strategic importance where, through deploying the range of our powers, we are likely to secure change and/or challenge practices.

Examples of work which will continue or is planned for 2016 to meet these objectives:

Promote awareness of and provide analysis and commentary on equality and good relations issues, including through stakeholder engagement and media work.

Publish and engage on our policy recommendations to influence the public policy framework and the forthcoming Programme for Government.

Continue to work in partnership and engage with the Executive and the Office of the First Minister and Deputy First Minister to maintain focus on the imperative for a Sexual Orientation Strategy to be agreed by the Executive; the update and implementation of strategies for gender, disability and age; and the full and effective delivery of the Racial Equality and Together: Building a United Community strategies.

Continue to engage with our partners, OFMDFM and the Assembly in order to secure legislative protections from unlawful discrimination on the grounds of age in the provision of goods, facilities and services.

Examine the evidence we have of current practice in public authorities of fulfilling their statutory equality and good relations duties in order to prepare for a formal effectiveness review of these duties.

Present the findings of our investigation “Expecting Equality”, into the employment experiences of pregnant women and mothers, alongside providing guidance for those with employment responsibilities and further advice and support for women who believe they may have been discriminated against.

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2. Challenge inequalities

We will continue our work to research and highlight key inequalities in Northern Ireland, to ensure awareness and understanding of not only the key inequalities, but also evidence of what shapes those inequalities, and what we recommend should change in public policy and public services. We will continue to proactively highlight the link between poverty, social exclusion and the inequalities faced by those protected under the equality legislation.

We will ensure a continued focus on challenging inequalities in the areas of: education accommodation and housing employment (including pay gap) participation in all aspects of public and political life health and social care social welfare social attitudes


Focus on where key inequalities remain, through establishing and further enhancing the evidence base and engaging with partners to distil and highlight areas for action.

Engage with and challenge the Executive, government Departments, the Assembly and stakeholders to mainstream equality and good relations considerations and outcomes across a range of public policy and service delivery areas, securing adoption of our policy recommendations to address key inequalities.

Use the leverage of obligations set out in key international frameworks to advance key Commission policy positions, including fulfilling our remit with NIHRC, as the independent mechanism under the UNCRPD.

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Finalise our statements on key inequalities in Employment, Participation in Public Life, and Housing, following engagement with stakeholders during their development.

Continue to work in partnership, engage with, and challenge, the Executive, Government Departments, the Assembly and stakeholders to mainstream equality and good relations considerations and outcomes across a range of public policy and service delivery areas.

Provide evidence of the State’s implementation of its obligations in the United Nations Convention of the Rights of Persons with Disabilities.

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3. Put the legislation to work

The Commission will deploy the full range of its powers to support, facilitate and challenge public bodies and private sector organisations with equality and good relations responsibilities in order that they improve their policies, practices and procedures. We will focus our work under this priority in support of challenging key inequalities.

We continue to provide an important service in advising those who believe they may have been discriminated against, as well as advising on the statutory equality and good relations duties which public authorities must fulfil. We will continue to put the legislation to work through supporting strategic cases.


Support high levels of compliance amongst those with responsibilities under the legislation and encourage the extension of good practice, deploying our powers appropriately – from advice and guidance through to compliance and enforcement.

Maintain awareness and acceptance among employers and service providers of not only what is required but also the importance of equality and good relations to enhance organisational performance.

Encourage improvements to organisational practices to address key inequalities and effectively deploy our powers of compliance and enforcement, where necessary.

Empower individuals through knowledge of their rights, the remedies and potential resolutions to complaints available under the legislation.

Challenge unlawful discrimination through the support of strategic cases.

Undertake investigations of complaints raised by individuals regarding failure to comply with Equality Schemes, in line with the Commission’s procedures.

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Provide an advice service for organisations across the full range of the Commission’s remit. This will include maximising our use of web based services.

Focus on encouraging improvements in practices which will address key inequalities, in particular in relation to:

pregnancy/maternity and supporting women’s economic participationdisability in employment and disabled people’s access to goods and servicespromoting good and harmonious workplaces.

Develop strategic partnerships to ensure that awareness of equality legislation and the obligations placed on employers is maintained

Provide an advice service to individuals who believe they have been discriminated against and assist cases in line with the Commission’s Policy for the Provision of Advice and Assistance

Provide an advice service to individuals and others about the statutory equality and good relations duties and the complaints processes where a public authority may not have complied with its Equality Scheme and undertake investigations in line with the Commission’s investigation procedures.

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4. Deliver equality effectively and efficiently

In delivering our services effectively over the planning period, we are committed to meet the challenges of financial constraint through continuous improvement and maximising the use of new technology. We have made a commitment to innovation and will continue to build the Commission’s digital platforms. The Commission will ensure high levels of governance and effective risk management.


Maintain a modern, professional, fit for purpose organisation which provides value for money, while meeting the challenge of reduced funding.

Maintain effective corporate governance and internal control.

Demonstrate best practice as an employer and invest in our staff to ensure excellent service delivery.

Develop and extend on-line service delivery


Maintain sound financial and governance controls

Maintain focus throughout the organisation on the Investors in People standards.

Review the Commission’s online service delivery capacities.

Contribute to the Executive’s Reform of Property Management project through further cost sharing

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Objectives and indicators

The following provide an illustration of the range of indicators that will be used to measure progress against the strategic objectives. Targets will also be developed from these.

Strategicpriority

Objective Illustrative Indicators

1 Reinforce the case for equality and good relations in Northern Ireland.

Commission communications strategy in place and fit for purpose.

Level of key stakeholder confidence.

Work with strategic partners to influence greater equality and good relations outcomes from key commitments in the Programme for Government.

Evidence of Commission messages/recommendations supported and used by key stakeholders.

A more effective and streamlined framework for equality and good relations protections.

Awareness of and support for Commission recommendations.

Number of key improvements secured or committed to.

Intervene in a number of areas of strategic importance where, through deploying the range of our powers, we are likely to secure change or challenge practices.

Number of interventions and changes made as a result.

Improved equality practice arising from the recommendations of the “Expecting Equality” investigation.

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2 Focus on where key inequalities remain, enhancing the evidence base and highlighting areas for action

Engage with and challenge the Executive, government Departments and other key stakeholders to secure adoption of our policy recommendations to address the key inequalities.

Promotion of key inequalities publications and necessary actions

Evidence of stakeholder acceptance and reference to Commission statements and policy recommendations on key inequalities.

Evidence of progress by the Executive, Departments and stakeholders to address the key inequalities.

Use the leverage of obligations set out in key international frameworks to advance key Commission policy positions, including fulfilling our remit with NIHRC as the independent mechanism under the UNCRPD.

Evidence of awareness and support for Commission recommendations to selected international mechanisms (priorities: CERD, CEDAW, CRPD).

Reflection of Commission recommendations in International Committee concluding comments and recommendations to State parties.

3 Supporting high levels of compliance with legislative requirements and encouraging good practice

Maintain awareness and acceptance among employers and service providers of the importance of equality and good relations to enhance organisational performance.

Level of compliance with FETO duties and Equality Scheme and DAP commitments.

Delivery of effective information and advisory service.

Provision of good practice examples for responsibility holders.

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Encourage improvements to organisational practices to address key inequalities and effectively deploy our powers of compliance and enforcement, where necessary

Evidence of improvements in:

- the access to goods, facilities and services for disabled people;

- disabled people’s access to employment;

- workplaces free from sectarianism, racism and homophobia;

- overcoming barriers faced by BME workers;

- women’s economic participation.

Empower individuals through knowledge of their rights, the remedies and potential resolutions to complaints available under the legislation.

Levels of awareness of individual rights and responsibilities.

Delivery effective advisory service to individuals for the anti-discrimination legislation and complaints procedures with public authorities and their Equality Schemes.

Challenge unlawful discrimination through the support of strategic cases.

Investigation of complaints of failure to comply with Equality Schemes

Appropriate redress obtained for complainants.

Evidence that lessons arising from legal casework have been publicised and adopted.

Changes made as a result of investigations

4 Maintain a modern, professional, fit for purpose organisation which provides value for money, while meeting the

Delivery of business objectives in cost effective manner.

Improvements in service delivery.

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challenge of reduced funding. Level of stakeholder satisfaction.

Level of savings in accommodation, operational costs, staffing.

Maintain effective corporate governance and internal control.

External and internal audit outcomes

Demonstrate best practice as an employer and invest in our staff to ensure excellent service delivery.

Levels of staff and external stakeholder satisfaction.

Effective leadership and management.

External accreditations maintained or enhanced.

Develop and extend on-line service delivery

Increase in on-line service delivery across key areas of our work.

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Financial Review and forecast

In our planning assumptions we have recognised that the economic climate in relation to public finances will continue to be difficult. That said we have assumed that the Commission will continue to receive sufficient political and financial support from the Office of the First Minister and Deputy First Minister (OFMDFM) necessary to deliver our statutory remit, with adequate resources to deliver on our key priorities.

However, it should be noted that any annual savings necessary to meet potential budget requirements are likely to result in a further reduction in staffing levels and corresponding commitments. The Commission will need to continually review the way it delivers on its powers and duties to best effect during the coming years.

The Commission has managed a continuous reduction in resources each year of the last seven years, with an overall reduction in staffing of 36.2% - taking us from 138 full-time equivalent (fte) posts in 2009/10 to a projected staffing level of 88 fte posts by the end of the current financial year.

Over the period of the most recent Corporate Plan, 2012 -16, the grant-in-aid provided to the Commission, net of bids and efficiency savings, declined from £6,200k to £5,762k (7.1%).

To alleviate the inevitable pressures which resulted from reductions in its core funding, over the past four years the Commission made considerable efforts to control costs, particularly salaries and premises costs. The Commission has utilised its capacity to retain additional income from sharing Equality House and the provision of shared services to a number of Arms Lengths Bodies. The Commission now shares Equality House with the Northern Ireland Commissioner for Children and Young People, the Commissioner for Older People and most recently, the Commission for Victims and Survivors. Over the period of this forthcoming Plan, we will continue to utilise to our accommodation and share the skills of our staff to best effect.

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Budget forecast 2016 - 2019

At present there is continuing uncertainty in relation to the overall budget position for 2016 – 19 and following the Chancellor’s November statement, we await further information on the Northern Ireland budget position for 2016/17.

We have been asked to submit an impact assessment in the event of reductions of 5% and 10% in 2016/17. The total reduction in budget over the period of this plan may be in the order of 20%.

Although the Commission will strive to mitigate the impact of such reductions on its service delivery and core responsibilities, it is inevitable that reductions of the scale indicated above will result in further significant reductions in the Commission’s staffing levels and impact on our service delivery and ability to fulfil our statutory obligations under the legislation.

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