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REPORT ON THE EQUALITY FRAMEWORK REVIEW

Introduction

This report provides an overview of the Equality Framework review. It provides

information on the range of methodologies used to undertake this review and

outlines the proposals we envisaged taking forward as part of the new Framework.

At a corporate level, this review was established under the Strategic Projects

Portfolio, with the Head of Strategy and Change Management Office as the Senior

Responsible Owner (SRO). Similarly, it was included in the SPCB’s Strategic Plan

(2010-2011) as a project to be delivered by March 2011.

The aims of this review were to:

- Streamline equality with a view to developing a more efficient approach to

advancing equality;

- Reduce the level of bureaucracy associated with the existing framework;

- Embed equality into business planning and decision making practices;

- Align the framework to the requirements of the Equality Act, in relation to its

principles and specific duties; and

- Produce one major output comprising of a revised equality framework

incorporating four elements:

o An equality strategy setting out the SPCB’s priorities to advance

equality

o SMART equality objectives for 2011-15

o Revised monitoring and reporting arrangements for equality

o Revised guidance and policies to reflect the requirements of the

Equality Act

This is the first review of the Framework since 2001 and was supported by an

Equality Framework project team whose remit was to advise the SRO and project

manager on the development of the new Framework.

Background

The Equality Act is the main driver for reviewing the SPCB Framework. It marks a

significant shift from previous legislation, with its overarching aim being to simplify

and create a more harmonious approach to equality. The Act strengthens the law on

equality and gives equal consideration to all protected equality groups by removing

the hierarchy of rights created by the previous legislation.

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There is a new General Equality Duty and Specific Duties that will help the SPCB to

meet the general duty. The SPCB is required to:

eliminate unlawful discrimination, harassment, victimisation and other conduct prohibited by the Act

advance equality of opportunity between people who share a protected characteristic and those who do not; and

foster good relations between people who share a protected characteristic and people who do not share it.

The new specific duties replace the previous separate duties on race, gender and

disability and cover all protected equality groups. The SPCB must respond to these

changes by reconsidering its equality priorities and identifying which protected

equality groups are most relevant to business activities. Perhaps the most

significant change is the requirement for equality considerations, across all protected

areas, to be reflected in the design of policies and delivery of services and for

organisations to decide how this can be best achieved. From April 2011, there is no

longer a requirement to produce schemes on race, disability and gender. Instead,

organisations are being advised to look carefully at their existing practices with a

view to embedding equality into standard practices of business planning and

decision making. In essence, equality should not be considered as a separate

element in taking forward business but as an integral aspect to the day to day work.

Over the last few years, the SPCB has made significant progress in promoting

equality in the Parliament. There is a strong equalities culture which was highlighted

in the staff equality audit in 2009, where it was clear staff felt valued and supported

by the organisation. However, it is essential to focus our attention more on the

mainstreaming of equality into the SPCB’s working practices. We have already

started working towards this approach with building Equality Impact Assessments

into the project governance process. The next step is to consider mainstreaming

equality into our other practices which is what this review has recommended.

Given the organisation is going through a period of change it seemed appropriate for

the SPCB to revisit its overall approach to equality to reflect on our achievements,

examine our strengths and weaknesses, and more importantly, find new ways of

working creatively and efficiently.

Methodology

Equality and Human Rights Commission – Best Practice

In assessing our approach to equality, we were guided by the EHRC principles as to

how best practice in equality can be delivered. These are as follows:

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Demonstrable commitment to the framework from the top of the organisation;

Involvement of staff and stakeholders in the drafting of the equality framework;

Leadership;

Extensive promotion of the framework both within the organisation and to potential staff, contractors and suppliers;

Training provided to all staff to explain the framework and what it means to them in terms of obligations and the impact on their day to day activities;

Incorporating the policy into the organisation’s business strategy;

An explicit willingness to challenge and discipline anyone not following the framework;

Assessing the impact of workplace changes on equality;

Involvement and consultation;

Action Planning; and

Monitoring and reporting.

With this in mind, we carefully considered each of these principles throughout the

review although it was evident that we already met a number of them in conducting

our business activities. Our intention was therefore to highlight this achievement by

using our success as the baseline from which we will develop the new Framework.

Setting our Priorities

An important part of this review was to consider the areas of business which are

most relevant to equality and to determine their level of priority for setting equality

objectives for 2011-15. To avoid paying lip service to equality, we identified the

areas of business which are of greatest relevance to equality. Firstly they were

considered in relation to the General Equality Duty and the relevance of each of

these functions to the Duty. We also considered their relevance to each of the

protected characteristics and the level of reputational risk associated with a function

if it was to adversely affect an equality group. This exercise was based on a scoring

system with weighting assigned to each function. The business areas that we

identified as high priority areas were:

Internal audit, strategy and corporate planning;

Providing support to Members;

Employment policies and practices;

Procurement and management of contract services;

Preparing annual budgets;

Leadership and the role of the Clerk/Chief Executive and Presiding Officers;

Support to Committees*;

Public engagement and events;

Visitor experience of the Parliament;

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Private and Members Bills*;

Media relations (promoting the work of the Parliament and providing information on parliamentary business and engagement activities);

Providing information to the public on the work of the Parliament;

Scottish Parliament Information Centre (SPICe) services to Members and staff;

Maintaining the estate and fabric of the building;

Space planning;

Managing specific policies relating to the building such as meeting rooms, car parking and the crèche; and

Health and safety policy.

Items marked with an asterix (*) are not subject to the Public Sector Equality Duty as

they are related to the proceedings of the Parliament and therefore exempt from

equalities legislation. However, it is recognised that staff should be supporting the

function to take account of equal opportunities in the work that is carried out, either

for a Member or a Committee.

Due to financial constraints in the organisation, we intentionally focused on those

areas which are of high priority. Whilst we recognise we have to fulfil our legal

obligations, the Act does allow for some flexibility on prioritising equality objectives

as long as an assessment has been carried out of which areas are most relevant to

equality and where disadvantage or exclusion is most likely to be prevalent.

Gap Analysis

The Requirements of the Act

As part of this review we undertook a gap analysis to determine any potential gaps in

relation to the requirements of the Equality Act, how this fits with the existing

Framework and whether there were any specific actions to be carried forward from

the existing Equality Schemes and action plans.

It was clear from this exercise that the existing Framework met most of the

requirements of the Equality Act – and this was a reflection of the SPCB’s

commitment to work beyond minimum compliance. The Framework aimed to

promote equality across all protected characteristics and consequently, reported

across all the strands through the Equality Annual Report rather than just the

requirements to cover race, disability and gender.

The Equality Act, however, does require a very different approach to equality. Public

bodies such as the SPCB are expected to focus their attention on mainstreaming

and streamlining equality and to consider the effects of their policies and practices

for all protected equality groups. The existing Framework did to some extent take

account of these requirements, but the focus on mainstreaming and streamlining

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needed to be stronger and greater attention is needed towards the other protected

groups.

The Framework was also in need of updating - the legal definitions were out of date

and there were various developments in legislation that are now part of the Equality

Act which were not alluded to in the Framework.

Existing Equality Schemes on Race, Disability and Gender

A review was carried out on the existing Equality Schemes to identify whether any

actions should be carried forward and if any actions from the three Equality Schemes

could be merged to take account of all protected equality groups. For example, each

Scheme included an action on undertaking an Equality Impact Assessment. We

merged this action into one and extended it to cover all protected areas.

We found that the majority of actions in the three Schemes had been achieved and

those which were still to be met were included in the proposals which we

subsequently took forward with Heads of Group.

Consultation with key stakeholders

Having undertaken the gap analysis, we used this information as the basis of our

consultation to gather views on what the SPCB needed to do to promote equality in

these areas and whether there were any issues specifically relating to the protected

equality groups that need to be considered. To simplify this exercise we divided our

functions into eight categories. These were:

Services to the public;

Supporting Members of Scottish Parliament;

Visitor Experiences;

Accessibility of the Parliament Building;

Access to information about the Parliament;

Employment Policies;

Public Engagement; and

Legislation.

Having considered different options for consultation, the most effective method given

the time constraints, was to use a focus group approach. The idea behind this

approach was that information could be gathered in a reasonably short time span

whilst still giving people the opportunity to contribute their views in a meaningful way.

Our aim was to gather the views of all our key stakeholders including Members,

Members’ staff, SPS staff, and external organisations representing each of the

protected equality groups.

Four external focus groups were arranged in Glasgow, Edinburgh and Inverness with

two events in Edinburgh, one of which was a disability perspective focus group.

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Invites were issued using the Parliamentary Equal Opportunities Committee

database to organisations that work with or on behalf of people with protected

characteristics.

An internal focus group was arranged for staff while Members gave their views in

one to one meetings.

The first focus group event took place in Glasgow on Monday 29th November. Due to the severe weather conditions on the day of the event only eight individuals attended. Unfortunately due to the ongoing severe weather conditions the second event scheduled to take place in Inverness on Wednesday 1st December was cancelled. The two events arranged for Edinburgh took place on Monday 6th December. Attendance at these events was again affected by the adverse weather conditions with only five individuals attending the general focus group and nine individuals attending the disability focus group. A focus group for SPS staff was arranged for Tuesday 7th December with ten members of staff attending to share their views and experiences. The focus group planned for Members and Members staff was not held due to the limited response. However, individual meetings were arranged with those Members who had indicated they wished to contribute to the consultation. The format for the focus group was a workshop and we used a variety of

participation methods to enable informal and open discussions. As part of these

discussions, we encouraged people to come forward with new ideas on how to

further enhance the Equality Framework.

Overall the consultation was a valuable exercise. It was useful to hear staff feedback

based upon their own experiences at work and they offered a number of positive

suggestions that we could take forward. Similarly, it was useful to hear from the

external groups on specific issues relating to a protected equality group that were not

already covered by the existing Framework. It was reassuring, however, to note that

a number of issues that were raised by the participants were already in place in the

Parliament.

Once the consultation was completed, we developed a draft Equality Action Plan

setting out the SPCB equality objectives for the next four years. The Action Plan

was formed based on the findings of the consultation, the prioritisation exercise and

the gap analysis which we carried out prior to the consultation. Each section is

broken down by Group and there is a separate section setting out specific actions to

be taken forward by the Leadership Group.

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Engaging with Heads of Group and Office

We arranged meetings with all the Heads of Group as the next stage in the process.

The purpose of these meetings was to engage Heads of Group in the development

of the SPCB Equality Action Plan for 2011-15. Heads of Group were presented with

a set of proposed actions for their business areas and were asked to consider

whether they could be taken forward and incorporated into operational plans. These

meetings were invaluable as they gave a sense of the reality of operating in an

environment where efficiencies have to be achieved.

Cost implications to the business area

There were a number of considerations relating to the proposed actions on equality.

The first of these was in connection with the cost of implementing the Equality Action

Plan in particular business areas. We therefore looked at the Action Plan to

ascertain where there would be any major costs and made adjustments to the plan

which meant that they could be more easily accommodated.

For example, instead of undertaking an accessibility audit at a cost of approximately

£5000- £10,000, we agreed to invite disabled groups who use our building to give us

feedback on their experience.

Timescales were also put back in some cases given the uncertainty of office reviews

and some actions where there is a cost implication, such as including subtitles into

video files, were agreed to be postponed until the organisation is in a better position

financially.

Hence, the overall outcome of this exercise means that there are no significant costs

associated with the plan except for staff resourcing costs and costs already covered

by existing budgets.

Impact of Office Reviews

There were some actions that were amended to take account of the office reviews

and the uncertainty over how the Chang Management programme would impact on

their existing work. For example, instead of an action specifying that equality was

built into the Responsible Purchasing Strategy, this was amended to ensuring that

equality is being built into the review of Procurement Services to take account of any

equality considerations in the Responsible Purchasing Strategy. More widely, we

included a specific action in the plan which covers all office reviews under the

Change Management programme.

Identifying Current Practice

A further suggestion made was in relation to the differentiation between new actions

and actions considered to be business as usual. As there were a number of actions

that were already being met by offices, it did not reflect the progress already made to

promote equality within operational areas. We have therefore responded by

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identifying in the Action Plan actions representing current practice and new actions

to take forward in 2011-2015. This separation clearly demonstrates what we have

achieved so far in embedding equality into our working practices and what actions

will be taken to further progress equality.

Equality monitoring and services

There was a useful discussion relating to equality monitoring and the impact on

resources, particularly in relation to the provision of services and the undertaking of

surveys. However, given there is a requirement upon the SPCB to monitor the

effects its policies are having on people from protected equality groups, it has

required us to look at this carefully to consider how best this can be done without

having to use additional resources. We have therefore committed to focusing on

those areas where monitoring is already carried out and, beyond this, to monitor the

impact our services are having on the advancement on equality. So instead of

conducting visitor surveys, a more sensible approach is to collect data on the way in

which we deliver our services and how that impacts on equality. An example of this

is to monitor the uptake of the wheelchair loan service, or the impact of the events

booking system in accommodating the needs of disabled people.

In summary, this exercise has been useful as it has required us to focus our attention

on what we have to do and to think creatively of finding other ways to meet the same

outcome. It has helped to inform the Action Plan which we are proposing as part of

the Equality Framework. Having reviewed and discussed the action plan with all

Heads of Group, this fresh approach should effectively deliver a very realistic and

comprehensive plan.

What is different to what we have now?

On reflection, the outcome of this review illustrates that the SPCB has already made

significant progress in the advancement of equality and it is important to reflect this

in the new Framework. Our approach to equality has evolved over the years from

having our primary focus on culture and values to an approach which focuses on the

delivery of best practice. This is a significant step forwards in bringing about change

on how we deliver our services and policies and there are many examples of how we

have already begun to make this happen. In 2009, the senior management team

agreed that staff should receive further mandatory training. Consequently, every

three years staff now attend a refresher course focusing on delivering equality in

practice. We also introduced a new Equality Impact Assessment process into the

organisation which has strengthened our consideration of equality when looking at

new policies. Increasing use of and familiarity with this tool is leading to a higher

level of understanding of equality issues by staff.

This evolving approach is reflected in the proposed Strategy which emphasises the

following:

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- A more streamlined approach to equality with less reporting structures for

monitoring progress;

- A focus to deliver on our high priority areas and which are most relevant to

equality and of greatest concern to the public;

- A recognition of the business benefits which equality can bring, for example,

improved services and wider engagement; and

- Embedding equality into our thinking, business planning and decision making.

The Single Equality Action Plan will form part of the Framework and replace the

existing Schemes and actions plans on race, disability and gender. This plan

identifies our current practice and any new SMART objectives to be delivered in

2011-15 taking account of all protected equality groups. The benefit of undertaking

this approach is that it avoids developing an action plan for each protected area.

We have also removed a number of policies from the Framework which are out of

date and provide duplicate information. The only policy which remains is the Dignity

at Work Policy. This is an essential part of the Framework and aims to prevent and

challenge discrimination, harassment, bullying and victimisation in the workplace.

Any new policies and guidance that we have identified in this review are incorporated

as actions to be taken forward in the Single Equality Action Plan.

As our intention is to review the Framework every four years, it will be the

responsibility of Heads of Group to ensure that the objectives are being met and

incorporated in operational plans. There will no longer be formal reporting of the

Action Plan as previously required under the Equality Schemes on race, disability

and gender. Instead, the ACCEs will have a monitoring role to play and ensuring that

objectives are being met will be an important aspect of their performance reviews of

Heads of Group.

The effect of having a Single Equality Action Plan and reviewing it every four years is

that it significantly reduces the level of reporting that we currently do, i.e. we will no

longer need to undertake annual reporting on progress of each of the equality

schemes.

Further reductions in reporting are being proposed as part of this Framework. In line

with our commitment to mainstreaming, our intention is to abolish the Equality

Annual Report, which involves a lengthy updating exercise from offices, and instead,

incorporate a summary equality report into the SPCB Annual Report.

Having said that, we still have our legal obligations to meet on producing annual

publishing of data gathered on our services and employment policies. An annual

report on monitoring data will be provided to the Leadership Group with a view to

publishing this data. We envisage this report to be attached as an annex to the

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SPCB Annual Report. The Action Plan outlines the monitoring data which we will

gather every year.

Since there will no longer be any formal reporting of the action plan, the Equalities

Manager will have a role in supporting the Heads of Group in meeting their equality

objectives and will seek to undertake an informal approach to monitoring progress.

This will enable the Equalities Manager to update the action plan if an action has

been achieved, if there are any new actions, or if there is a follow up to an action

such as a review has been carried out.

By undertaking these changes to the structure, we will focus our attention on more

value added work by promoting equality across business areas in the Parliament.

We will be able to produce more quality data and provide further support to offices

on addressing their business needs in relation to equality matters.

Finally, we have given some consideration to the staff equality audit and are

proposing to replace this with an SPS staff survey undertaken every two years. As

we are building an equality section into the new HR Information system, the personal

information section of the audit will no longer be required which significantly reduces

the amount of information required through the staff audit. Specific questions about

staff experiences of equality could therefore be easily combined into a general staff

survey.

Conclusion

At the very outset of this review, we were mindful of our financial situation and the

need for flexibility in meeting our objectives for the next four years. We have

prioritised which business areas to focus on and updated the Action Plan to reflect

what we already do in practice. Changes suggested by the Heads of Group are now

incorporated into the new Action Plan and reporting structures have significantly

reduced. However, it is clear that we will not compromise on equality and our

proposals demonstrate a robust Framework for equality with a continued programme

of action so that the Parliament remains an exemplar in its commitment to equality.

Recommendations

We have proposed that the core purpose of this review is to mainstream and

streamline our approach to equality, whilst building in the requirements of the

Equality Act.

Below we summarise our recommendations. The changes we proposed were

considered by the Leadership Group and the SPCB.

The SPCB Equality Annual report

- We propose removing this report and replacing this with a summary report on

equality within the SPCB Annual Report.

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Equality Framework and Equality Schemes on Race, Disability and Gender

- We propose to replace the current Equality Framework with a new Framework

consisting of an Equality Strategy and Single Equality Action Plan.

- We propose removing the three Equality Schemes and their associated Action

Plans and to replacing these with a Single Equality Action Plan.

Policies in the Framework

We propose removing all policies in the Framework with the exception of the Dignity

at Work Policy. Any new policies and guidance that will become part of the

Framework are incorporated as actions to be taken forward in the new single

equality action plan.

Staff Equality Audit

- We propose removing the SPCB staff equality audit and replacing this with a

general SPS staff survey which builds equality into the survey.

Monitoring and Reporting

- Based on the recommendations above, there will no longer be any reporting

of progress on the equality schemes and the equality annual report. Our

proposal is to produce an annual report of monitoring data for the Leadership

Group. The Framework, including the Single Equality Action Plan will be

formally reviewed every four years with informal monitoring arrangements to

be carried out by the Equalities Manager every year.

All recommendations were agreed by the SPCB on 9 March 2011

Strategy and Change Management Office/Human Resource Office

February 2011