Equality Impact Assessment (EQIA) of Financial Decisions Workshops

Chris Oswald

Head of Policy & Parliamentary Affairs

EHRC Scotland

November 2011

The General 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

Protected Characteristics?

• Age• Disability• Gender• Gender reassignment• Pregnancy and maternity• Race• Religion and belief (incl non belief)• Sexual orientation

• Marriage & CP only in relation to eliminating discrimination

Why Assess Impact?

• Take effective action on equality issues

• Make the right decision, first time round

• Develop better policies and practices, based on evidence

• Be more transparent and accountable

• Improve outcomes for all.

Impact Assessment 2012 proposed duties

• Assess impact of proposed policies, incl changes or revisions to existing policies

• Consider relevant evidence• Have due regard to the results of the

assessment• Publish within a reasonable time period• Make arrangements to review , change or

revise existing policies, practices

Policies ?

• Formal policies • Practices• Decision making at service level• Budget setting• Strategies

Preparing for EIAs• Start early – EIA is not an add on• Identify a team – could only one person

really have all the knowledge ?• Consider partnerships and other impacts• Train the relevant staff and decision makers• Marshall your evidence• Consult and involve• Ensure impact is explicit at the decision

point• Monitor and review

Approaching EIA

• Screenings – to identify relevance to the 3 aims of the duty

• Rapid EIA – where a policy has little impact on equality

• Full EIA – where a policy has some or significant impact on equality

Remember

Its not just about eliminating discrimination!

Could your policy

• Enhance equality ?

• Foster or worsen community relations ?

Successful challenges

• Instruct doctors to prescribe Alzheimer’s’ medicines on the basis of a language test that took no account of cognitive impairments or having English as a second language (Eisai).

* Cut the funding of the UK’s leading black theatre company, Talawa, taking no account of the lack of any other organization’s ability to develop ethnic minority actors or cater to the audiences it does (R(Talawa) Arts Council of England CO/7705/2005).

• Cut the funding of voluntary organizations in Harrow (R (Chavda) v Harrow LBC [2007] EWHC 3064 (Admin)).

Successful challenges

• Cut the funding of Southall Black Sisters (R (Kaur & Shah) v London Borough of Ealing [2008] EWHC 2026 (Admin.))

• Refuse permission to a Sikh girl to wear a kara through the inflexible application of a school uniform policy (R (Watkins-Singh) v Governing Body of Aberdare Girls High School [2008] EWCA 1865 (Admin.))

• See John Halford “The Equality Act and its impact on Planning Law” (ELF December 2010)

Harris v Haringey 2010

• “Not only is there no reference to (the duties) in the report to committee, or in the deliberations of the committee, but the required ‘due regard’ for the need to “promote equality of opportunity and good relations between persons of different racial groups” is not demonstrated in the decision making process. “Due regard” need not require the promotion of equality of opportunity but, on the material available to the council in this case, it did require an analysis of that material with the specific statutory considerations in mind.”

Codes of Practice

• Published

• Code of Practice on Equal Pay• Code of Practice on Employment• Code of Practice on Services, Public

Functions and Associations

• Review in 2012.

Codes Pending or to be determined

• Further & Higher Education • Schools• PSED Code

• Housing & premises• Trade and Qualifications Authorities• Transport

Guidance – early 2012

• Short guide to the PSEDs. • Equality Outcomes• Evidence• Involvement• Assessing Impact • Mainstreaming• Employment• Procurement

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• Helpline Scotland 0845 604 5510• Textphone 0845 604 5520• Freepost RRLL-GYLB-UJTA

Optima Building

58 Robertson Street

Glasgow G2 8DU

• www.equalityhumanrights.com

Contacting us