CHAPTER 1 - INTRODUCTION TO THE DISABILITY EQUALITY SCHEME
Background
1.1 Our work on equality encompasses age, disability, gender, race, religion and sexual orientation (often referred to as 6 strands). Our approach is shaped by legislation and by the strategic commitment to mainstreaming which lies at the heart of the Scottish Government's Equality Strategy. By 'mainstreaming' we mean integrating equality into the everyday work of Government. Commitments to consultation, developing research and statistics, and awareness raising underpin the mainstreaming approach.
1.2 Significant progress has been made in tackling discrimination and promoting equal opportunities through a number of routes including:
- legislation introduced through the Scottish Parliament;
- improving data, information and research;
- increasing consultation and dialogue with equality groups;
- raising awareness of equality through campaigns such as 'See Me' campaign
The legal context - a move towards promotion of equality
1.3 The legislative landscape on equality has changed significantly in recent years. Following the move to a proactive race equality duty established by the Race Relations (Amendment) Act 2000, two further statutory duties have been introduced through the Disability Discrimination Act 2005 and the Equality Act 2006. Public bodies are now required to promote equality of opportunity in relation to race, disability and gender. All three of these duties require key public bodies to publish schemes setting out what they will do to promote equality.
1.4 Following the change of Government in May 2007 and consequent changes to the structure and policy approach of the Scottish Government, we have revised and updated our disability equality scheme. This document is the Scottish Government's disability equality scheme for the period from May 2008 - May 2011.
Coverage of the Scottish Government's disability equality scheme
1.5 The Scottish Government is the devolved government for Scotland. It is responsible for most of the issues of day-to-day concern to the people of Scotland, including health, education, justice, housing, environment and rural affairs, and transport. The work of the Scottish Government is carried out by Directorates and agencies. The Scottish Government's disability equality scheme covers all Scottish Government Directorates and agencies (other than those listed at paragraph 1.7).
1.6 Agencies are established by Ministers as part of the Scottish Government to carry out a discrete area of work. Current Scottish Government agencies are:
Accountant in Bankruptcy
Fisheries Research Service
Historic Scotland
HM Inspectorate of Education
Mental Health Tribunal for Scotland
National Archives of Scotland
Registers of Scotland
Scottish Agricultural Science Agency
Scottish Court Services
Scottish Fisheries Protection Agency
Scottish Prison Service
Scottish Public Pensions Agency
Social Work Inspection Agency
Student Awards Agency for Scotland
Transport Scotland
The Scottish Housing Regulator
1.7 The National Archives of Scotland and the Registers of Scotland are Scottish Government agencies which also have the duty placed on them directly and must produce their own scheme. The Scottish Prison Service and Scottish Courts Service are Scottish Government agencies that have chosen to publish their own associate schemes rather than be included within this document. Links to these agencies' websites are at Annex A.
1.8 Non-Ministerial Directorates and agencies are directorates and agencies of a government that are not headed by a Minister and answer directly to legislature. These are not covered by the Scottish Government's disability equality scheme.
General Register Office for Scotland
Office of the Scottish Charity Regulator ( OSCR)
1.9 Public Bodies are not covered by the Scottish Government's scheme. These can be defined as bodies which have a role in the processes of national Government, but are not part of Government, and which accordingly operate to a greater or lesser extent at arm's length from Ministers. Many public bodies are known in Government circles as 'Non-departmental Public Bodies' ( NDPBs). This term covers a wide and diverse range of organisations of varying size and responsibilities. Scottish Government NDPBs are normally established by statute such as an Act of Parliament or Royal Charter and carry out administrative, commercial, Scottish Government or regulatory functions on behalf of Government. They employ their own staff, who are not civil servants, and are responsible for managing their own budgets. Many NDPBs are themselves covered by the disability equality duty and have produced their own disability equality schemes.
Our approach to the disability equality scheme
1.10 The Scottish Government is a large organisation with a complex structure, delivering services and exercising functions which cover a vast range of issues which impact upon all the people of Scotland. We made early contact with national disability organisations and had initial discussions on how best to involve disabled people in the development of our disability equality scheme and this is discussed in more detail in chapter 3. This section focuses on the internal structures which we established to help us develop a strategic approach to disability equality and to producing our disability equality scheme.
1.11 Our internal approach to implementing the duty was led by the Equality Unit and started with the establishment of our Equality Scheme Implementation Group ( ESIG) in April 2006. This group included officials from across the Scottish Government and its agencies and provided an oversight of our activities. In addition, to enable us to take forward our work plan and timetable for the implementation of the public sector equality duties effectively, we established a network of contacts across directorates and agencies. Officials in this network were involved in the dissemination of information across the organisation and the co-ordination of action.
1.12 Working with ESIG, the Equality Unit developed guidance on the disability equality duty, developed an Equality Impact Assessment Tool and put in place a system to allow directorates and agencies to provide strategic, co-ordinated input to the content of the scheme. We also delivered a programme of briefing sessions for senior management, business planning officials and other key advisers. This has been followed up with briefing sessions for staff across the Scottish Government on the new public duties and the Equality Impact Assessment Tool.
1.13 Scottish Government officials also engaged with the Disability Rights Commission during 2006 in determining our approach to the scheme and in the preparation of DRC guidance for the Scottish Government which was published in early 2007.
Structure of the disability equality scheme
1.14 Our disability equality scheme contains 10 chapters, structured as follows:
- chapters 1 and 2 introduce the scheme and set it in the context of the Scottish Government's approach to disability equality;
- chapter 3 discusses how disabled people have been involved in the development of the scheme and our plans for developing this;
- chapter 4 describes our approach to disability equality impact assessment;
- chapters 5, 6, and 7 set out Scottish Government corporate functions and describe how we will take forward disability equality in these areas, including information gathering; and
- chapter 8 contains directorate and agency action plans setting out how the policy work of Government will deliver the disability equality duty;
- an Annex referring to other documents and websites is included at the end.
Annual reporting
1.15 The disability equality duty requires the Scottish Government to report annually on the progress which we are making to promote disability equality. We published our first annual report on 3 December 2007 and our next annual report will be in December 2007.
Comments
1.16 We are keen to engage and involve those who are affected by our work on disability equality or those who have an interest in it. We would like to know what you think about our disability equality scheme, and how we are making progress, and will give serious consideration to how you think we could do things better.
1.17 We would therefore welcome your comments on this Scheme. Please send them by e-mail to equality.unit@scotland.gsi.gov.uk; or by post to Graeme Bryce, Scottish Government, Equality Unit, Area 2-G, Victoria Quay, Edinburgh, EH6 6QQ.