Scottish Government

Working Together for Race Equality - The Scottish Executive's Race Equality Scheme

3. Promoting Equality and Diversity

Committed to Equality and Diversity

3.1 The Scottish Executive is committed to promoting equal opportunities under the broad terms set out in the Scotland Act 1998. The Act defines equal opportunities as:

"the prevention, elimination or regulation of discrimination between persons on grounds of sex or marital status, on racial grounds, or on grounds of disability, age, sexual orientation, language or social origin, or of other personal attributes, including beliefs or opinions, such as religious beliefs or political opinions"

3.2 As part of the devolution settlement, the Scotland Act 1998 reserves the power to legislate on equal opportunities to the Westminster Parliament. However, the Act also makes an important exception to this by giving the Scottish Parliament the power to encourage equal opportunities and to place duties on Scottish and cross-border public authorities to observe the equal opportunities requirements in their work in devolved areas.

3.3 Most of the key issues affecting the daily lives of people in Scotland such as health, education, justice, transport, local government, economic development, are devolved, and we have made significant progress in promoting equality through the exercise of these key responsibilities.

3.4 The following summarises some of the main elements of our work on promoting equality.

Equality Strategy

3.5 The Executive published its Equality Strategy entitled Working Together for Equality on 6 November 2000 ( http://www.scotland.gov.uk/library3/social/wtem-00.asp ). It provides a framework for building work on race, gender and disability and for developing work in areas of sexual orientation, religion and age.

3.6 The Strategy promotes a vision of an open, just and inclusive Scotland where respect and understanding are fostered and where everyone is encouraged and enabled to live, work and take part in society to their full potential, free from prejudice and discrimination.

3.7 We aim to achieve this vision by seeking to:

• make sure that an equality perspective is integrated into the Executive's work and activity - in policy and programme development, legislation and spending plans, service design and delivery;
• follow policies and programmes that seek to address the inequalities and exclusion which result from discrimination;
• extend the ownership of and commitment to this strategy to all key public, private and voluntary sector bodies, equality specialists, academics and trade unions;
• promote the inclusion of under-represented groups in policymaking, decision-making and public appointments;
• foster greater understanding of and respect for Scotland's different communities;
• educate and raise awareness about discrimination and the need for it to be challenged; and
• build and promote the Executive as an organisation that is effective, open and accessible, which broadly reflects the communities it serves and is committed to equality of opportunity.

3.8 The Strategy focuses on three strategic objectives:

• making better policy and providing better services;
• promoting equal opportunities and tackling discrimination; and
• being a good employer.

3.9 At the centre of the strategy is the integration of equality into policymaking, legislation, programmes, spending plans and service delivery. This approach, understood as "mainstreaming", demands that policymakers and those delivering services take account of, and reflect the diverse needs of, the population.

"Mainstreaming equality is the systematic integration of an equality perspective into the everyday work of government, involving policy makers across all government departments, as well as equality specialists and external partners." (Preliminary Report 2001)

3.10 The strategy is premised on the belief that policymakers need to know about the inequalities and difficulties faced by, amongst others, women, disabled people, and minority ethnic communities. They need to deliver policies which tackle inequalities and they need to assess how existing or proposed policies and programmes might impact on these groups. They need to take action where the impact is adverse. In this way, it will be possible to make a difference to the lives of the people of Scotland.

3.11 We accept that mainstreaming of equality requires:

• leadership and political commitment to the principles and processes of mainstreaming equality;
• commitment and ownership across the organisation for the principles and processes of mainstreaming;
• work on mainstreaming equality to be integrated with departmental work plans and policy objectives;
• guidance, advice, training and support to help departments to develop mainstreaming;
• appropriate data, information and research to inform the development of policy and programmes;
• policy appraisal and impact assessment with ongoing monitoring, evaluation, audit and review;
• networks and effective mechanisms of consultation with external bodies and interests; and
• an acknowledgement that mainstreaming is not a quick fix and requires time and resource.

3.12 Our commitment to mainstreaming equality underpins our commitment to securing race equality.

Diversity Strategy

3.13 The Scottish Executive's 5-Year Diversity Strategy, published in 2000, ( http://www.scotland.gov.uk/library3/misc/diversity.pdf ) sets out a number of specific action points aimed at increasing the diversity of staff. The focus in the early years is on increasing at all levels in the organisation, the numbers in the main under-represented groups - women, people from minority ethnic communities and disabled people.

3.14 The Strategy sets out the five main drivers to our diversity policy:

• It is the right thing to do. All the Executive's staff are entitled to be treated with respect. Their selection and their subsequent prospects must be determined on merit.
• Policy. Ministers are committed to putting the promotion of equality at the heart of policy making and to making government work for the people of Scotland. The Executive must lead by example and demonstrate that it follows best practice.
  A credible equal opportunities policy is essential to 21st century government.
• Civil Service Reform. The Executive, as an employer, is committed to achieving demanding targets for the representation of women, minority ethnic communities and disabled people.
• The law. The Executive is required by law not to discriminate on the grounds of sex, marital status, disability and race.
• The business case. In a competitive labour market discrimination or under-representation of significant groups will inhibit the Executive's ability to attract and retain available talent. The Executive needs diversity of experience and outlook to be more representative of the communities it serves and ensure more responsive policy development.

3.15 The Strategy also set five main objectives underpinning the policy:

• To raise overall awareness of equality and diversity issues including ensuring all staff understand what equality of opportunity and valuing diversity mean. This includes understanding the business value of being an equal opportunities employer;
• To ensure leaders demonstrate commitment to equal opportunities;
• To equip, develop and support managers to promote and be accountable for equal opportunities;
• To ensure all staff enjoy equality of opportunity within the Executive; and
• To secure an increase in people from under represented groups joining the Scottish Executive at all levels.

Race Equality Advisory Forum (REAF)

3.16 REAF made an important contribution to the work of the Scottish Executive. Set up in November 1999 and chaired by the Minister for Social Justice, the Forum had the remit to advise the Scottish Executive on a race equality strategy, to provide action plans to tackle racism and institutional racism and to outline proposals for effective consultation with minority ethnic communities. It comprised 22 members from across a range of interests and communities. The Forum established four working groups on:

• Education;
• Enterprise and Lifelong Learning;
• Health and Social Care; and
• Local Government, Voluntary Issues, Housing and Social Inclusion.

3.17 It conducted its work through seminars and meetings with stakeholders and a wide range of community interests. It published its report in October 2001 ( http://www.scotland.gov.uk/society/equality/default.asp ) and this provided a context for developing consultation with minority ethnic communities.

3.18 We published our response to the Forum's report earlier this year ( http://www.scotland.gov.uk/library3/social/ctre-00.asp ) and have given serious consideration to its work when considering how to implement responsibilities under the Race Relations (Amendment) Act. Much of the ground covered by this scheme fulfils a number of recommendations made by REAF and welcomed by us.

Equality and Health

3.19 The Executive is already promoting practical approaches to mainstreaming race equality. Two important examples are the Health Department's Fair for All initiative and the response of the Crown Office and Procurator Fiscal Service on issues of race equality.

3.20 Fair For All: Working Towards Culturally-Competent Services ( http://www.scotland.gov.uk/library3/society/ffar-00.asp ) was issued to the NHS on 21 June 2002 after extensive consultation with the health service, their planning partners and local minority and community groups.

3.21 The guidance was informed by the results and recommendations of a stock-take report of minority ethnic health policies across Scotland. Its requirements go beyond fulfilling the requirements of the Race Relations (Amendment) Act 2000 by ensuring that the spirit of the law is embraced, as well as the letter.

3.22 The guidance defines a 'culturally competent service' as one that recognises and meets the diverse needs of people of different cultural backgrounds. This applies to every individual with a healthcare need. It includes, but is not limited to, making provision for religious and cultural beliefs such as worship, diet, and hygiene requirements, catering for communication and language diversity, and involving users in service development. A key part of cultural competence is ensuring that discrimination on the basis of culture, belief, race, nationality or colour has no role in the delivery of services.

3.23 Each NHS organisation is expected to draft a policy statement by
31 March 2003 covering how it intends to deal with all aspects of providing a culturally competent service.

3.24 Of greatest importance to us will be evidence of a culture change within NHS Scotland resulting in an awareness of and responsiveness to the needs of individuals regardless of their ethnic origin. Progress made at implementing the guidance will be appraised by the Ethnic Minority Resource Centre on behalf of the Scottish Executive Health Department and will form part of the NHS Scotland Performance Assessment Framework.

3.25 The Resource Centre for Ethnic Minority Health was established on
1 April 2002 as part of the Public Institute for Health in Scotland with a budget of 1.1million over the next 3 years. The Centre will assist NHS bodies in meeting the expectations laid down in the Fair for All guidance.

3.26 In a related development, on 28 October 2002 we issued guidance to the NHS on ensuring that the spiritual care needs of staff, patients, their relatives and carers are met by a responsive and culturally competent NHS Scotland ( http://www.show.scot.nhs.uk/sehd ).

The Crown Office and Procurator Fiscal Service

3.27 The Crown Office and Procurator Fiscal Service (COPFS) is the prosecution service in Scotland and also has responsibility for the investigation of sudden deaths and where appropriate, the conduct of public inquiries. The service is in a crucial position to promote racial equality principally through its approach to the prosecution of racist crime.

3.28 Since 1998 the service has made significant progress on race equality issues. A robust prosecution policy on racist crime is in place following commencement of the Crime and Disorder Act 1998. This policy also implements relevant recommendations in the Lawrence Inquiry Report. The department is approaching race equality issues in partnership with the Scottish Police Forces and Scottish Court Service and guidelines have been issued to Chief Constables that deal both with the investigation and reporting of racist crime to Procurators Fiscal and those cases in which individuals have particular needs which arise from their ethnic, cultural or religious backgrounds.
A comprehensive review of procedures on instruction of interpreting and translation services has also been completed.

3.29 The department established a Race Strategy Group in 2000 and each of its eleven areas has a dedicated area resource team on race equality matters. These teams aim to implement the department's strategy at local and area levels and require to report regularly to the Race Strategy Group. Area teams have worked significantly with Racial Equality Councils and other minority ethnic organisations and the department has commenced a process of comprehensive review of policy and practice in light of the requirements of RRAA 2000. This review process will include systematic consultation with minority ethnic groups and communities (following a consultation seminar held on 7 October 2002) and the establishing of an Equality Advisory Group to assist the prosecution service in making further progress on race equality.

Scottish Refugee Integration Forum (SRIF)

3.30 We are committed to ensuring that Scotland continues with its strong tradition of welcoming and integrating asylum seekers and refugees fleeing from oppression and persecution.

3.31 SRIF, chaired by the Minister for Social Justice, was set up to allow Scotland's statutory and voluntary agencies to work in partnership to support refugees more effectively. With this aim in mind its members agreed the following remit:

"In partnership with the Scottish Executive and in consultation with the wider public and voluntary sector interests to develop action plans to enable the successful integration of refugees in Scotland and the provision of more accessible, co-ordinated and good quality services."

3.32 SRIF set up 6 specific satellite groups with additional membership, which took evidence from a wide range of sources and identified a number of actions. As well as this, a further 3 focus groups were conducted to deal with issues cutting across policy areas, these groups also identified specific actions. This work has been published as a draft Action Plan ( http://www.scotland.gov.uk/library5/society/srif-00.asp and http://www.scotland.gov.uk/library5/society/srid-00.asp ) and will be consulted on over the next couple of months. A summary of the draft action plan has been translated into 7 community languages and put on tape. These tapes and papers have been widely circulated among the asylum seeker and refugee community and we aim to conduct a number of focus groups in different languages to gather information on any comments asylum seekers may have on the draft Action Plan.

3.33 This will happen over the next few weeks and will help feed into developing the final version of the Action Plan.

The Anti-Racism Campaign

3.34 The Anti Racism Campaign ( www.onescotland.com ) was launched in September 2002 under the banner of "One Scotland. Many Cultures." This campaign is an integral part of our work of promoting respect for the different cultures in Scotland, and the elimination of prejudice and discrimination.

3.35 Much of the recent work on race equality has been about eliminating institutional racism by making sure policies and procedures do not discriminate, even unwittingly. The campaign is an important part of this work, highlighting the need to make equality central to the work of institutions, but the message of the campaign goes wider, seeking to tackle and challenge racism in all its forms and however it's expressed.

3.36 We acknowledge that we have a leadership role to play, and we have engaged in partnership with the public, voluntary, and private sectors in promoting the campaign's messages. We hope that this activity will engage with the people in Scotland, and help them to play their part in bringing about a warm, friendly Scotland, where we can all celebrate and enjoy the benefits of a modern, multi-cultural society.

The Equal Opportunities and Diversity Unit

3.37 The Unit is located within the Scottish Executive Directorate of Personnel and Pay and is remitted to implement and develop the Scottish Executive equal opportunities policy. Its work also involves supporting disabled staff, providing support for childcare, helping those seeking alternative working patterns and staff who for any reason need to seek the support of the equal opportunities policy. The Unit supports a number of staff networks.

3.38 The Unit is taking forward a number of initiatives including the commissioning of research to identify reasons for the under representation of staff from minority ethnic communities within the Executive. The guidance for staff about our Equal Opportunities policy is currently under review but is due to be published next March.

The Equality Unit

3.39 The Unit was established in 1999 to assist Ministers in the delivery of their commitment to promote equality of opportunity for all. Its remit is:

• To be a single source of reference and advice on equality within the Executive;
• To assist the mainstreaming of equality throughout the Executive (particularly on Bills); and
• To promote equal opportunities within and outwith the Executive.

3.40 The mainstreaming of equality into policy development, service design and delivery is at the heart of our equal opportunities agenda (i.e. where policy areas consider the impact of their policies and programmes on particular equality groups at the very start of the process). A key role for the Unit is to develop and support work on mainstreaming equality.

3.40 Teams in the Unit cover:

• Race (including Gypsies/Travellers) and Religion
• Disability and Sexual Orientation
• Gender and Age
• Refugees and Asylum Seekers

Promoting capacity

3.41 We recognise that if we are to be held accountable for our claims to be committed to the promotion of race equality then we need to ensure that minority ethnic people and communities feel confident enough to make their case heard. Supporting the building of confidence and capacity is therefore central to the effective implementation of our scheme.

3.42 Examples of our work in this area includes our support for the Black and Ethnic Minority Infrastructure in Scotland (BEMIS) and its work with minority ethnic communities and groups to identify ways in which they can be more effectively organised.

3.43 We have also introduced the Ethnic Minority Grant Scheme to support minority ethnic groups to develop a range of community-based and community-led projects and we are supporting the Race Equality Development Unit at the Scottish Council for Voluntary Organisations (SCVO) to promote best practice amongst voluntary groups working with and representing the interests of minority ethnic communities.