Equality and Human Rights Commission

7 July 2009

The Commission announced today that it is carrying out an assessment into the extent to which the Scottish Government is meeting the public sector equality duties in the development and implementation of its policies and practices with a particular focus on equality impact assessment.

The assessment is being carried out with the full co-operation of the Scottish Government. It will look at three particular policy areas as examples of the way the Scottish Government mainstreams issues of equality into its work. The assessment will therefore focus on

• Guidance on Local Housing Strategies,
• National Drugs Strategy: The Road to Recovery
• Development of ’Better Together' Improvement Programme

Morag Alexander, Scotland Commissioner for the Equality and Human Rights Commission said:

'Housing and health matter to us all, they are crucial in determining everyone’s quality of life. This assessment is all about improving quality of life for people in Scotland.

'The Commission is approaching this with an open mind. We are looking at both the positives and the negatives and we will look at what the Government is doing well, as well as where there is room for improvement. It will lead to better policy and we know that better policy leads to better lives.

'We are pleased to be working with the Scottish Government on these key areas which have such a direct effect on the day to day lives of the Scottish people.'

Housing and Communities Minister, Alex Neil said:

'The Scottish Government welcomes the opportunity to work with the Commission in this Assessment.

'We are working hard to make improvements in the life chances and experiences of people in Scotland and as we do so, we aim to be as effective as we can be in promoting equality and tackling discrimination and disadvantage.'

A final report of the assessment will be published in early 2010 and it is expected that this will identify examples of good practice as well as making recommendations to improve the Government’s performance, where that is appropriate. It is also intended that other public bodies will use this report as a best practice guide to deliver their public sector duties effectively.

More information about the Public Sector Duties can be found under Advice and Guidance

Ends

For more information contact the Equality and Human Rights Commission Scotland media office on 0141 228 5979 or 07970541369.

Notes to editors

The Commission and the Scottish Government have agreed to enter into as Section 31 Agreement.

The Commission has power to assess the extent to which or the manner in which a public authority has complied with one or any of the duties under section 31 of the Equality Act 2006. The Commission aims to use this power to assess public authorities' performance of the duties in an innovative and constructive way, in order to achieve maximum effect in terms of the outcomes they were designed to achieve.

The terms of reference for the assessment are:

1. To assess the extent to which Scottish Ministers, in respect of their health, housing and justice functions, have complied with the race, disability and gender equality duties in the design and development of their relevant policies, practices and functions, particularly, in relation to:
   
   a) Guidance on Local Housing Strategies
   b) Development of the Better Together Improvement Programme
   c) National Drugs Strategy: The Road to Recovery
2. With particular reference to 1a, 1b and 1 c above, to assess respectively the Housing and Regeneration, the Healthcare Policy and Strategy and Police and Community Safety directorates’ arrangements for assessing and consulting on the impact of their proposed policies, or the likely impact of their proposed policies and practices, on race equality, equality for disabled persons and on equality between women and men.
3. With particular reference to 1a, 1b , and 1c above to assess respectively the Housing and Regeneration, the Healthcare Policy and Strategy and Police and Community Safety directorates’ arrangements for monitoring their policies for any adverse impact on race equality, equality for disabled persons and equality between women and men.
4. With particular reference to 1a, 1b and 1c above, to assess respectively the Housing and Regeneration, the Healthcare Policy and Strategy and Police and Community Safety directorates’ arrangements for publishing the results of such assessment and consultation.
5. To assess the Scottish Government’s guidance for staff to carry out the assessments, consultation and monitoring referred to above including, but not limited to, any impact assessment tools, training materials, assessment templates, publications strategy and senior management sign-off methods.
6. To identify through these various assessments examples of good practice which can be disseminated within the Housing and Regeneration, the Healthcare Policy and Strategy and Police and Community Safety directorates and across other Scottish Government directorates and potentially used by the Commission more widely.
7. To the extent that the Commission finds that the Housing and Regeneration, the Healthcare Policy and Strategy and Police and Community Safety directorates have failed to meet any of the public sector duties, to identify the reasons for such failure, consider whether there is action already planned to address the shortcomings, and if not, or if the Commission thinks that any planned actions are inadequate, consider what more needs to be done.
8. To publish a report of the findings of the assessment including any necessary recommendations for further action

Guidance on Local Housing Strategies (developed and published jointly by the Directorate of Housing and Regeneration and the Convention of Local Authorities) has been selected because research published in Scotland in 2007 suggests that both ethnic minority communities and disabled people’s needs were poorly represented in the first round of Local Housing Strategies. There is a statutory requirement for local authorities to prepare these strategies, supported by an assessment of housing need and demand across both public and private spheres. National research suggests that ethnic minority communities have very different housing experiences with Asian communities in particular having poor access to public housing. Conversely disabled people are concentrated in public housing but supply of barrier free accommodation is severely restricted. Single men are known to attract the lowest priority in public housing.

The Drugs Strategy (developed by the Directorate of Police and Community Safety) has been selected because research into equality groups access and use of drug treatment and rehabilitation services is still in its infancy in Scotland. However anecdotal evidence suggests growing issues amongst ethnic minority groups compounded by low levels of access to traditional services. Similarly drug use can be both a cause and a consequence of mental ill health. The examination of this policy allows the Commission to assess the manner in which impact assessment is used in a policy area where evidence is still sparse.

The new patient experience programme "Better Together" has been selected as one of the major Scottish Government initiatives in the NHS in the current policy programme and aims to ensure that NHSScotland services are developed in such a way that they respond to actual patient experiences and provide the care that patients want and need.