8.1 Mainstreaming equality
8.1.1. Consider the impact on men and women and different groups of men and women from the outset in all new policy development and draft legislation ACCEPTED
We previously referred to the Equality Strategy equality proofing of legislation and our work with the Equality Proofing Budget and Policy Advisory Group (which continues to meet regularly) to look at the distribution of resources with a view to improved presentation of information about equalities' information in budget documents. There have now been a number of positive changes in the budget documents, a recent example of which is Building a Better Scotland Spending Proposals 2005-2008 and the draft Budget for 2005-06 in which each Executive Department gave examples of the work it would be doing to promote equal opportunities. However, this remains a complex area which all parties recognise will take time to achieve.
The Advisory Group agreed that a pilot study should be undertaken to identify a working method for assessing the equality impact of budgets and spending plans. The material/evidence available from gender budget initiatives undertaken in other countries and the expected availability of gender disaggregated data led to the initial focus on gender. Smoking cessation was identified as a useful starting point and the Advisory Group had also agreed that a further pilot on Sport should be taken forward. The aim of the pilots was to find a way to assess the equality impact of mainstream spend and to devise a method that is tailored to fit existing practices and can be used to assess the equality impact of spend on all equality groups. Work on the pilots began in February 2005. A former employee of the Scottish Women's Budget Group was recruited to lead on this work in the Executive.
Phase one (complete): Two brief literature reviews to identify gender differences relating to smoking in young people and to sport and young people, and the mapping of policy and spending processes in Health and Education to identify the link between policy and spend within these departments.
Phase two (complete): Work with policy and spending officials to determine how gender equality impact analysis can be integrated into existing policy and spending processes.
Phase three (complete): Guidelines, reports and recommendations were submitted to the Executive in Autumn 2005. The Advisory Group is considering these guidelines and recommendations and will be taking work forward over the coming year in conjunction with relevant Executive officials.
Reference to improving consultation and engagement at 4.2.2., which includes seeking views about the impact of policies, is relevant.
We previously referred to one of the projects of the Scottish Civic Forum, which encouraged work on broad discrimination themes, including mainstreaming. As mentioned at 6.6. and 6.7., Ministers decided in 2005 to discontinue funding the Forum.
A mainstreaming equality team was established in May 2005 for 2 years to work within the Executive to ensure that the 6 equality strands (age, disability, gender, ethnicity, faith/religious belief and sexual orientation) are incorporated into all the Executive's policies, legislation and services. The team's work includes developing supportive structures and systems and raising awareness throughout the Executive. The team is currently finalising an Equality Impact Assessment Tool, to be supported by training and guidance, which will facilitate the mainstreaming of equality issues across policy and practice within the Executive.
Our gender mainstreaming work will also be aided by the introduction of the new public duty to promote equality between men and women (the Gender Duty), which has been enshrined in the Equality Act 2006. The duty, which will be effective in Scotland as well as England and Wales, will closely model the existing race duty and the forthcoming disability duty, with a clear focus on outcomes. See 8.3.1. for further detail on the gender duty.
8.1.2. Annual reporting on progress on mainstreaming, identification of 'champions' to promote mainstreaming, including information on mainstreaming on the Scottish Executive website by the end of 2003, and developing mechanisms for measuring success by the end of 2004 ACCEPTED
Progress
Progress is reported in regular Equality reports (like this one) and the Equality Unit continues to work to develop better equality performance indicators as part of its mainstreaming remit.
Champions
- Minister for Communities, Malcolm Chisholm, and Deputy Minister for Communities, Johann Lamont, champion the mainstreaming of equality;
- The Executive's Permanent Secretary, John Elvidge, continues to be "Diversity Champion" for the whole of the Executive; and
- A number of officials throughout the Executive have equality mainstreaming in their policy areas as part of their individual responsibilities.
Information
Improvements to the content and layout of the Equality section of the Executive website are ongoing.
8.2 Monitoring, research and evaluation
8.2.1. a) Development of a body of in-depth empirical research in Scotland and b) development of systems of evaluation that provide assessments of gender impacts of policies ACCEPTED IN PART
a) As previously reported, the Executive has an Equalities' research team that was set up to develop a research evidence base to support the Equality Strategy and to promote the mainstreaming of equality across Social Research and policy teams in the Executive. The Equalities' research team continues to conduct research on a number of topics to provide evidence to policy colleagues on a range of equalities' groups, including women. In addition to individual groups, the team is also developing research on the impact of multiple identities and complex needs. The aim of this research is to help service providers improve their understanding of the nature of multiple identity and of the complex needs of their clients and potential clients, including disabled women, older women, lesbian women, minority ethnic women and women from different faith groups. In addition, officials within the Executive (in the Office of the Chief Statistician, Equalities' Research Team and the Equality Unit's Gender Equality Team) are planning to update the Gender Audit report and so provide new statistics on the position of women and men across a number of policy areas in Scotland.
Guidance to researchers on the Mainstreaming Equality Web Site recommends that researchers disaggregate their data as far as possible and by gender as a minimum. A recent trawl of survey work conducted by Social Research confirmed that gender data is now reported as standard on most national surveys, omnibus surveys and stand-alone surveys. This practice of mainstreaming gender information in surveys is helping to ensure that Social Research across the Executive is actively contributing to the wider empirical evidence base on gender.
Previous input on the Mainstreaming Equality Web Site still stands.
In 2004, a mainstreaming researcher was appointed to the Social Justice (Equalities) research team in Social Research. Equalities' researchers are currently looking at the availability, accessibility and use of equalities' data to help identify and address gaps in current data sources across a number of equality areas.
b) Previous input about the Equalities' research team 'equality proofing' the tools that currently exist to assist policy makers still stands. This work will be supported by the Mainstreaming Team that has been set up within the Equality Unit in 2005 to develop a series of projects which will inform the equality proofing process (see 8.1.1).
8.2.2. (a) Monitoring and evaluation of all new projects; (b) standardisation of data collection, (c) better integration of gender analysis of data and research into policies and more effective dissemination strategies for gender research
a) CONSIDER
Previous input on monitoring and evaluation of projects still stands.
b) ACCEPTED
Previous input on standardisation of data collection still stands. A recent development is the work of the Harmonisation Team, located in the Office of the Chief Statistician, to ensure that the demographic sections in key national surveys are harmonised and standardised, including questions on gender.
c) ACCEPTED
Previous input on the Mainstreaming Equality Website and Dissemination Working Group still stands.
8.2.3. Think through what their role should be in taking forward the recommendations listed in this report, and whether/what research would be required to facilitate them to do so, including: ACCEPTED IN PART
8.2.4. Regular reporting on all objectives listed in report, and putting in place research and evaluation programmes ACCEPTED IN PART
See the responses to 8.2.1. and 8.2.2.
8.2.5 . Review evidence of gender pay gap ACCEPTED
The previous report still stands - except that, with effect from 2004, the source of data on the gender pay gap became the Annual Survey of Hours and Earnings ( ASHE), which replaced the annual New Earnings Survey.
8.2.6 . Assess impact of pay reviews CONSIDER
We previously reported that the EOC carry out research into the extent to which equal pay reviews are carried out. This still stands. We have nothing further to report.
8.2.7. Collect data on position of women in decision-making in business ACCEPTED
The previous report mentioned that some of this data is already collected and published by the Executive and by others. This still stands. We have nothing further to report.
8.2.8. Promote research on the business case for diversity and flexible working CONSIDER
The EOC conducted a general formal investigation ( GFI) into flexible and part-time working and reported its findings and recommendations in September 2005. Key findings from the investigation included evidence of the business case for flexible working e.g. recruitment advantage, higher levels of staff retention, lower absence rates, better employee relations and morale, and increased productivity. The GFI, which includes recommended action for the Government, was one of the issues discussed at the EOC's meeting with the Deputy Minister for Enterprise & Lifelong Learning on 31 October 2005.
8.2.9. Calculate value of unpaid care CONSIDER
Input at 2.8 is relevant.
8.2.10. Provide better data on demand for and usage of childcare ACCEPTED
Input on research at 2.1 is relevant.
8.2.11. Evaluate gender impacts of social inclusion policies ACCEPTED IN PART
The previous report still stands.
8.2.12. Review gender awareness of public service delivery CONSIDER
The Social Inclusion Unit and the Equality Unit are developing a programme of work with the Equalities' research team to explore how service delivery can better meet the needs of a number of equalities' groups, including women.
8.2.13. Assess how work on domestic violence meets needs of specific groups ACCEPTED
In 2004, Domestic Violence moved from being under the remit of the Justice Department to the Equality Unit within Development Department. A literature review is underway to develop a better understanding of the experiences and needs of child victims of domestic abuse in order to ensure more responsive and targeted services.
8.2.14. Promote research on women and decision-making CONSIDER
We previously reported on relevant research which had and was being carried out. We have nothing further to report.
8.3. Statutory duty requiring public bodies to promote gender equality
8.3.1. Assess the impact of statutory duties in promoting gender equality and consider how this policy approach may be applied in Scotland as part of an overall mainstreaming strategy PRIMARILY A RESERVED MATTER
As reported at 8.1.1. the UK Government has introduced a public duty to promote equality between men and women. This is analogous to the duty to promote race equality set by the Race Relations (Amendment) Act 2000 ( RRAA). It is also similar to the duty to promote disability equality. There will be special arrangements, however, to ensure that the specific duties of the gender duty are tailored to the needs of Scotland. In line with the provisions of the Scotland Act (1998) - the Equality Act empowers the Scottish Parliament to place specific duties on public authorities operating solely in Scotland (devolved). This means that the specific duties for Scotland will be set out separately from those for England and Wales. All public bodies in Scotland will be subject to the general duty, whilst those public bodies subject to the specific duties will be listed (see Annex C of the consultation document for a current list).
The framework for the gender duty has been set out in the Equality Act by legislating for a general duty which will require public bodies to have due regard to the need to promote equality of opportunity between men and women and to have due regard to the need to eliminate unlawful discrimination when carrying out their employment or service functions. The duty will also cover contraventions or breaches to the Equal Pay Act 1970 as well as the Sex Discrimination Act.
The Act also allows for specific obligations (or specific duties) to be placed on public bodies to help them meet their responsibilities under the general duty. A full consultation on what these requirements should be was launched on 4 October 2004 and closed on 20 January 2006.
There were a number of consultation events across England, Wales and Scotland, including a roundtable in Glasgow in December 2005. Although the specific duties for named public authorities (which will of course include the Scottish Executive) have not yet been finalised they are likely to include the following:
1. Gender equality goals and schemes
A public authority must:
- draw up a scheme identifying gender equality goals and showing the action it will take to implement them;
- consult employees and stakeholders, as appropriate, in setting gender equality goals and schemes;
- publish their gender equality goals and scheme;
- monitor progress and publish annual reports on progress; and
- review their gender equality goals and scheme every three years.
2. Equal pay
A public authority must develop and publish a policy on developing equal pay arrangements (including measures to ensure fair promotion and development opportunities and tackle occupational segregation) between women and men which must be reviewed at regular intervals (for example, every three years).
3. Gender impact assessments
Public authorities must:
Conduct and publish gender impact assessments, consulting appropriate stakeholders, covering:
- all primary legislation and significant secondary legislation; and
- all major proposed developments in employment/policy/services.
Officials from the Executive are working closely with colleagues in the DTI to ensure that the Scottish perspective is appropriately taken into account. The legislation will give Scottish Ministers the (Order making) power to impose specific duties on devolved bodies. It will therefore ultimately be up to Scottish Ministers to agree the specific duties for devolved bodies and the bodies to be subject to them. A Scottish Order (Regulations) will be made at a later date following the consultation. Officials from across different departments within the Executive are also working with the EOC as members of the EOC Scotland Advisory Board, which is working to develop and finalise the Code of Practice (the interpretation of the law) for the gender duty. The remit of the Advisory Board is to advise and support EOC staff in the implementation of the gender duty in Scotland.
Finally, the Health Department in the Scottish Executive participated (in conjunction with Glasgow NHS Board) in an Equal Opportunities' Commission pilot project for the new gender duty which focuses on action planning. The Health Department was the only government department in the UK to participate and its work to date has been very successful. Colleagues from Health have presented on the pilot work at a national conference on the duty and we look forward to finding out more about the project's outcomes as there will undoubtedly be learning points for departments across the Executive.
8.3.2 . Report on the impact of the relevant equality clauses of legislation passed in the first session of the Scottish Parliament. If it is being found to be effective, an equality clause should be included in all Scottish Executive legislationCONSIDER
The Equality Unit is fulfilling the commitment made previously by now considering how best to assess the impact of these clauses. (Relevant pieces of legislation were only passed in the period 2000-2004.)
8.4. Awareness raising and campaigning about gender equality issues
8.4.1. Raise the profile of women's inequality and the issues facing women through a campaign, such as those run on domestic abuse and anti-racism CONSIDER
As reported previously, a new equality campaign is unlikely to be run in the near future so as not to detract from the phases on the domestic abuse and anti-racism campaigns that are still running.
However, as a partner in Close the Gap, we contributed to its advertising campaign in March 2005, details of which are on its website.
Also, the Equality Unit continues to work in close liaison with EOC Scotland which runs campaigns on gender equality issues e.g. its recent campaign to tackle pregnancy discrimination in the workplace, as reported at 1.3.2.
In addition, Communities Ministers continue to take every suitable opportunity to raise awareness of gender equality issues in speeches at events e.g. in support of the EOC's recommendations to tackle pregnancy discrimination in the workplace, as reported at 1.3.2.
8.5. Consultation with women
8.5.1. Proper resourcing for and access to and engagement with the relevant people in the Executive, Parliament and other decision-making organisations for the new Women's Convention. The Women's Convention should be invited to consider this report ACCEPTED
Previous input at 6.7., details the Executive's support for the Scottish Women's Convention and input at 4.2.2., about improving consultation and engagement and the Executive's consultation guidance, is also relevant.
8.5.2. Local events and consultations involving the Executive, Parliament and women's organisations ACCEPTED
The Equality Unit continues to hold local events and consultations with women's organisations and seeks to ensure that women's organisations are invited to participate in any events and consultations run by other Scottish Executive departments.
For example, the Executive began a series of 'roundtables' or consultations with women who experience multiple disadvantage in Autumn 2005. We also recently jointly hosted events on the Forced Marriage Consultation and the gender duty consultation. We do, of course, continue to organise an annual event for women to celebrate International Women's Day.
Previous input at 4.2.2., about improving consultation and engagement and the Executive's consultation guidance, is relevant.
We previously referred to the review of the Scottish Civic Forum. As mentioned at 6.6., 6.7. and 8.1.1. above, Ministers made a decision in 2005 to discontinue funding the Forum.
8.5.3. The Minister for Communities should enter into dialogue as soon as possible with the different women's interests and organisations working with other groups of which women are potentially members and explore in more detail the issues arising from multiple identity and/or compound discrimination ACCEPTED
The Equality Unit works with a number of cross-strand forums. The Unit works with the Equalities Co-ordinating Group to consider issues relevant to equalities in the development of legislation and guidance. The Equality Unit also facilitates an Equality and Human Rights Reference Group, an open group which brings together a wide variety of statutory and voluntary sector organisations to discuss issues of relevance to Scotland in the context of the proposed UK Commission for Equality and Human Rights.
The Executive began a series of 'roundtables' or consultations with women from different equality groups in the Autumn of 2005. The events' findings will be a useful tool for policy makers across the Executive.
The Executive recognises that women in Scotland do not form a homogenous group and that different women will have different needs and different experiences in different places/spaces and at different times in their lives. For this reason, the Executive wholly recognises that there is great benefit from better understanding the complexity of women's experiences so that we can more effectively explore and deliver on the Report's recommendations for the benefit of all women.
8.6. Relations between the Scottish Executive and the UK Government
8.6.1. Government DepartmentsUK policies in the Scottish context and better collaborative working between the Scottish Executive and UKMore proactive role in promoting ACCEPTED IN PART
We previously reported on the Executive's ongoing work to achieve better collaborative working between the Executive and the UK Government.
8.6.2. and European level through the appropriate government machinery, and should consult with the Equal Opportunities Committee as part of this processUKEnsuring that the views of women in Scotland are reflected at a CONSIDER
We stated previously that the best way for members of the Equal Opportunities' Committee ( EOC) to be consulted on EU issues would be through close contact and working with the European & External Relations Committee (E& ERC) at the Scottish Parliament. The feedback that we have received from the EOC is that the current arrangements which are in place work very well and they will be looking to increase their engagement and links with the E& ERC over the coming year. They did not state any areas of EU business in which they have taken an active interest.
8.6.3. Better information on gender issues on the Scottish Executive website ACCEPTED
The Equality Unit's information on gender issues on the Executive's website is regularly kept up to date as part of the Executive's overall commitment to make its website more informative. We are currently expanding the amount and type of information about the women's agenda on the Equality Unit website.
8.6.4. Ensure that as much authority as possible is devolved within the structure of a new Single Equality Body ACCEPTED
We previously reported on Equality Unit proactivity on this issue. There is the following update.
- In May 2004, the UK Government published the White Paper Fairness For All that set out proposals for a new single equality body to take over the functions of the EOC, the Commission for Racial Equality and the Disability Rights' Commission, as well as taking on new responsibility for age, religion and sexual orientation. It will also have a role in the promotion of Human Rights, though in Scotland there will be a separate Scottish Human Rights' Commission.
- In July 2004, the DTI hosted, in conjunction with the Executive, a further Scottish consultation event in Glasgow on the White Paper proposals, which was well-attended by a wide range of Scottish stakeholders.
- On 23 November 2004, the Queen's speech announced the UK Government's Equality Bill, the mechanism for implementing their proposals for a UK Commission for Equality and Human Rights.
- The Equality Bill was introduced to the House of Lords on 18 May 2005 and received and received Royal Assent on 16 February 2006 when it became the Equality Act 2006.
1. Commission for Equality and Human Rights
Part 1 created a new GB Commission for Equality and Human Rights ( CEHR) which will, by March 2009, replace the three existing Commissions - the Disability Rights' Commission, Commission for Racial Equality and the Equal Opportunities' Commission. The new Commission will fulfil all the promotion and enforcement of legislation roles for race, gender and disability, currently undertaken by the three existing commissions. It will also undertake a promotion and enforcement role for the other equality strands of religion and belief, sexual orientation and age.
The CEHR will have a Scotland Committee to advise on all the Commission's work relevant to Scotland and which will have delegated powers to set priorities and oversee work of the CEHR in Scotland.
The CEHR will also have a Scottish Commissioner, who will be appointed by UK Ministers with the agreement of Scottish Ministers.
The new Commission will also take on a promotional role in human rights. The Scottish Parliament is currently considering a Bill which will establish a Scottish Commissioner for Human Rights and the Equality Bill makes provision to prevent the new body operating within areas of devolved competence without the consent of the Scottish Commissioner, although it is expected that they will work closely together.
2. Discrimination on grounds of religion and belief
The second part of the Bill extends anti-discrimination legislation for religion and belief to goods, facilities and services. This will make legislative protection on religion and belief comparable to that currently in place for race, disability and gender, where there is protection in relation to both employment & vocational training, and access to goods, facilities and services.
3. Discrimination on grounds of sexual orientation
During the passage of the Equality Bill, the UK Government accepted an amendment to give an order making power for the Secretary of State to prohibit discrimination on grounds of sexual orientation in the provision of goods, facilities, services and public functions.
4. Gender Duty (see 8.3.1.)
The third part of the Act provides for a duty (the gender duty) which requires public authorities to have due regard to the need to promote equality of opportunity between men and women and to have due regard to the need to eliminate unlawful discrimination.
As reported previously, the Equality Unit also continues to facilitate the Equality and Human Rights' Reference Group. This group supported and informed the representative for Scotland on the UK Government's Task Force and currently supports the representative on the Commission for Equality and Human Rights' Steering Group.
In July 2004, the Reference Group also ran a number of Equality and Human Rights' Roadshows, raising awareness of the proposals for a Commission for Equality and Human Rights and to consult on and encourage responses to the White Paper, ensuring Scottish views and issues were represented.
The Executive is also working hard to ensure Scottish representation and expertise is fed into the Equalities Review and the Discrimination Law Review.