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Equality impact assessment in public sector policy making. Lisa King Director – 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
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Equality impact assessment in public sector policy making Lisa King Director – 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
Section 75 of the Northern Ireland Act 1998 (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
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