The Equality Agenda: A View from the TUC

1. The Equality Agenda: A View from the TUC Sally Brett, Senior Equality Policy Officer, TUC

2. Government’s Equality Strategy • “[an] approach to tackling inequality... that moves away from treating people as groups or ‘equality strands’ and instead recognises we are a nation of 62 million individuals.” Coalition Government ‘s Equality Strategy • “..a new approach, not built on bureaucracy... Government cannot and will not do this by dictating from the centre.” Theresa May introducing the Strategy, December 2010

3. Dismantling the equality infrastructure • Equality legislation – repeals to the Equality Act 2010 and attacks on access to justice • Statutory equality body – cuts to EHRC, reduced functions and remit, independence undermined • Civil society – funding cuts, increased demand, Government and public bodies disengaging • Equality Duty Review – threatens to repeal positive obligations to prevent discrimination, consider equality, engage with civil society and restrict EHRC’s role further

4. Equality Act 2010 repeals • Third party harassment and questionnaire procedure being repealed through ERR Bill • Wider tribunal powers to make recommendations to be repealed in future • Majority consultation responses opposed repeals • TUC submitted evidence from trade unions showing importance of provisions • Ministerial response – individuals can still ask for information, not one business group mentioned benefits of questionnaires, third party harassment is ‘excessive use of regulation’

5. Views of business • Vast majority agree workplace equality legislation is important – even 60% of micro businesses gave 9 or 10 out of 10 on a scale of support • Most businesses have an equality policy – only 0.3% said they didn’t have one because it was “too much bureaucracy” • Less than 1 in 10 had dealt with a discrimination complaint in previous 3 years and minority of these were unhappy with outcome or process (www.culture.gov.uk/publications/9552.aspx)

6. Access to justice • “Without the kind of information which individuals can only obtain through written questionnaires under s.138, in many cases it will be almost impossible to prove discrimination” Discrimination Law Association • End of EHRC grant funding for discrimination advice and casework at local level • £1,200 tribunal fee for discrimination case from 2013

7. EHRC Reform • Repeal of general duty and good relations duty and functions through ERR Bill • Helpline closed and Government commissioned Equality and Advisory Support Service launched • Steady-state budget of £17.1m agreed compared to 2010/11 budget of £48.3m • Framework Document with GEO undermines independence • Further review threatens more reform in 2013

8. EHRC Reform • UN concerns about EHRC reform – disproportionate cuts, financial instability, independence undermined, Board appointments • Domestic opposition from unions, VCS organisations, Labour Party and within Lords • Pressure for greater parliamentary accountability • Baroness Onora O’Neill is new Chair and new commissioners include Sarah Veale from TUC – new opportunity for fresh start?

9. Equality Duty Review • “This government has a strong commitment to equality of opportunity. But we also have a strong desire to reduce unnecessary bureaucracy where it exists and consider alternatives to legislation.” Response to Red Tape Challenge on Equalities

10. Review details announced • Phase 1 – Initiation • Phase 2 - Evidence Gathering • Using public sector bodies to gather evidence through their channels • Review existing research and evidence • Conduct a series of roundtable evidence-gathering exercises by theme or sector • Use social media to encourage wider engagement • Phase 3 - Findings and Conclusions • Analyse material and develop review conclusions • Produce a report to Ministers by April 2013

11. Steering group • Comprises Conservative and Lib Dem Councillors, ex-Tory MP, senior figures involved in free schools, NHS commissioning, Deputy Mayor for London plus Director-General of GEO and EHRC Chair • Member details here: http://www.homeoffice.gov.uk/equalities/equality-act/equality-duty/equality-duty-review/membership-steering-group/

12. Purpose and objectives • Purpose • Whether the Duty is operating “as intended” • Objectives • How both the General and Specific Duties are working • How effectively the Duty supports delivery of the Government's Equality Strategy • Options and recommendations for changes or improvements in the way the Duty operates

13. David Cameron’s CBI speech • "We have smart people in Whitehall who consider equalities issues while they're making the policy. We don't need all this extra tick-box stuff. •  "So I can tell you today, we are calling time on Equality Impact Assessments. You no longer have to do them if these issues have been properly considered.“

14. Jo Swinson’s blog • “As Liberal Democrats we don’t think equalities should be about ticking-boxes and regulatory hoops – it’s too important to be relegated to an administrative duty. Advancing LGBT, gender, disability and race equality will only be achieved by putting equalities at the heart of every department.” www.libdemvoice.org/jo-swinson-mp-writesequality-is-about-more-than-ticking-boxes-32672.html

15. Introduction of race duty • “In considering any new element of Government policy, a Minister must consider the implications for ethnic minorities and race equality generally ... The public services must recognise that it is no good simply paying lip-service to race equality: they must ensure that race equality is at the heart of their organisation’s considerations...” Mike O’Brien MP

16. Stephen Lawrence’s legacy • “If the equalities bill is not done properly it will devalue people and devalue the work I have done for the last 20 years. It is very serious... I think about what it was like before the inquiry... the inequality, within institutions and within their work. If we don't make a stand we will go back to those days and I don't think we should.“ Doreen Lawrence, Guardian, 18 December 2012

17. Civil society • Massive cuts to voluntary sector and False Economy analysis of VAW sector finds small, specialist organisations hit hardest • Commissioning risks “reducing independent organisations to the status of sub-contractors... Blunting their willingness and ability to criticise or fight for social justice” Andy Benson, NCIA • Equality Duty changes mean less pressure for engagement plus Government disengaging e.g. abolition of Women’s National Commission

18. Trade unions • Attacks on facility time and austerity and change in political climate make it harder to progress equality at work (TUC Equality Audit) • But trade unions are still reporting collective bargaining successes on equality • And trade unions are still taking steps to target recruitment and ensure proper representation within union structures

19. A view from the TUC • ‘Two steps forward, one step back: How the Coalition is dismantling our equality infrastructure’ http://touchstoneblog.org.uk/2012/09/dismantling-our-equality-infrastructure/