On 8th March 2011 the Scottish Parliament's Equal Opportunities Committee voted against introducing the proposed specific equality duties under the Equality Act 2010. The list of bodies proposed to be covered by the General Duty was recommended for approval and will come into effect on 5th April 2011.
The Minister for Housing and Communities has indicated the intention to reintroduce Specific Duties 'later this year'.
The EHRC recognises that this uncertainty is difficult for both public authorities covered by the Act and the communities affected by them. However :
- Public authorities will still be covered by the general duty to give due regard to equality in all that they do. It is only the specific duties which are not being implemented at the moment.
- Public authorities will still be required to show due regard to the elimination of discrimination, the advancement of equality of opportunity and the fostering of good relations (the general duty) on the grounds of age, disability, gender reassignment, pregnancy and maternity, race, religion and belief, sex, and sexual orientation. The protected characteristic of marriage and civil partnership is covered by the elimination of discrimination duty only.
- We encourage all public authorities to keep using their existing systems for the time being whilst extending their consideration to encompass all of the protected characteristics, until greater clarity about the substance, requirements and timescales of the specific duties are available from Government.
- Existing specific duties on race, disability and gender will cease on the 6th April. The EHRC will issue temporary guidance in due course which will assist public authorities on best practice in the interim.
To support Scottish public authorities in continuing to promote equality in their work, the Commission has produced interim guidance which is now available here.