Equality impact assessment in public sector policy making

Lisa KingDirector – Policy

Equinet – Promoting Equality: Equality Impact Assessment Thursday 29 April

Introduction

• Background and framework in Northern Ireland

• Requirements on public authorities• Role of the Commission• Action to date • Future developments

Section 75 of the Northern Ireland Act 1998

(1) A public authority shall in carrying out its functions relating to Northern Ireland have due regard to the need to promote equality of opportunity –

• Between persons of different religious belief, political opinion, racial group, age, marital status or sexual orientation;

• Between men and women generally;• Between persons with a disability and persons

without; and• Between persons with dependants

and persons without

(2)…without prejudice to its obligations under subsection (1) … to have regard to the desirability of promoting good relations between persons of different:

• religious belief• political opinion• racial group

Section 75 of the Northern Ireland Act 1998

Background and framework

• Shift from traditional approach of anti-discrimination legislation towards an anticipatory approach to addressing inequality

• Broadens the obligation to promoting equality of opportunity

• Puts equality considerations at the heart of policy formulation and intervention

• Intended to make a profound cultural change in public service

• Is directed at redressing inequalities

Requirements on a public authority designated for section 75 (s 75)• Submit an equality scheme to the Commission• The scheme shall show how the public authority

proposed to fulfil the duties imposed…• …Arrangements for assessing and consulting on the

likely impact of policies adopted or proposed by the authority on the promotion of equality of opportunity

• Plus other associated actions, such as: – Consideration given to mitigation or alternative

policies– Decisions taking into account assessments and

consultation

Requirements on a public authority designated for section 75• Commission guidance on Equality Impact

Assessment (EQIA)• Two stage process, to screen then conduct an

EQIA as necessary• Screening is to identify those policies that are

likely to have an impact on equality of opportunity and/or good relations

• EQIA follows a seven step process

Role of the Equality Commission

• Keep under review the effectiveness of the legislation

• Offer advice to public authorities and others in connection with s 75

• Approve Equality Schemes• Investigate complaints• Undertake investigations

Approach to date by Equality Commission

• To provide advice and guidance• Approve Equality Schemes• Advice on the process of EQIA • Statutory consultee and responses• Link s 75 processes to policy development• More recent focus and emphasis on outcomes

Action by public authorities

• Wide ranging application of EQIA to policies:– Large scale housing development plans and

urban regeneration programmes– Local council display of flags and emblems– Improvements in access to information,

premises and services– Employment and recruitment policies

Action by public authorities

• Greater engagement and consultation on policies and decision making across the public sector

• Greater emphasis on evidence based policy making• Variation in extent and level of engagement with s 75

and therefore impact assessment• EQIA not generally used as part of the policy

development process• Focus on process rather than outcomes

Future developments

• Further engagement with public authorities following the Commission’s Effectiveness Review

• Additional disability statutory duties• Focus on outcomes and less on process• Seeking alignment of equality schemes within sectors• Using EQIA as a policy development tool• Commission engaging differently to maximise impact

and improvements in outcomes through statutory equality duties

Conclusions

• Statutory equality duties in Northern Ireland intended to transform practices in public authorities

• Equality impact assessment has changed the way authorities engage on policies

• The early stages inevitably focussed on processes, with variable action by public authorities to date

• The ongoing challenge is to ensure impact assessment aids policy development and decision making, to have a positive impact on those experiencing inequalities