Law Maintaining Inequality



Law Maintaining Inequality

The four areas set out in the proposal - addressing disadvantage, promoting respect, meeting different needs and promoting equal participation appear sound blocks upon which to build a rational for the single equality scheme. It may be prudent to enhance an understanding of the inter-relationship of inequalities with some additional descriptive text in this part. With regard to the requirement that a public sector duty should require public authorities to identify priority race, disability and gender equality objectives and take proportionate action towards their achievement, it is unclear whether this should be achieved as a unified approach or separately. Further clarity is required in this area. The proposal to review activity at least every three years appears sound. The setting of strategic equality outcomes by appropriate national Governments appears sound in setting minimum standards only. Addressing the needs of parents and carers is a hugely complex area and could benefit from an independent consultation process. Supporting effective performance through use of the four key principles - consultation, involvement, use of evidence, transparency and capability appear sound. However, thought may need to be given to including a fifth key principle of accountability. Public authorities should lead in working to combat experience of inequalities in our communities. It would be logical to conclude that a single equality duty should be applicable to all public authorities regardless of size or function. However, the ability and focus of delivery will be dependent upon resources available and the demographics of the communities served. The proposal to extend the public sector duty to include age, sexual orientation and/or religion and belief seems appropriate in terms of further harmonising delivery to meet the needs of our communities. However, there could be significant sensitivities in terms of re-orientating service provision to fit with faith or religious beliefs which, unlike the other areas are seen as a matter of personal commitment and choice. The ability to re-design services and therefore re-allocate resources needs careful and sensitive planning and any activity needs to fit with the ideal of mainstreaming inequality sensitive approaches rather than fragmenting service delivery into a range of specialist delivery functions. Any new measures should fit with an understanding of current guidance available for the NHS in Scotland. A three year timescale for introducing a single public sector duty and any extensions would seem reasonable with the understanding that public authorities could implement new approaches in advance of this timeline with the provision that adequate consultation takes places with stakeholders. The proposed enforcement mechanisms to be directed by the CEHR uphold the formal accountability mechanisms currently in place. Public service inspectorates have a key role in the compliance with the proposed public sector duty. Their ability to audit functions across a spectrum of activity allows for a welcomed tier of independent and objective scrutiny. With regard to practical guidance on for public authorities on procurement and public sector equality duties, there needs to be a synergy of understanding across the range of local, ...