Post on 01-Jan-2016
transcript
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