WRITTEN
EVIDENCE SUBMITTED
BY EQUANOMICS
UK
1. YESTERDAY'S
ANNOUNCEMENT BY
THE GEO (GOVERNMENT
EQUALITIES OFFICE)/HOME
OFFICE ABOUT
THE SPECIFIC
EQUALITY DUTIES
We are exceptionally concerned about yesterday's
unexpected and most unwelcome announcement by the Home Office
/GEO regarding the specific equality duties. We consider this
announcement to be of such significance that Equanomics-UK would
ask that this additional briefing note, occasioned by yesterday's
announcement, be brought to the attention of the Committee.
2. THE CONTEXT,
OUR CONCERNS
AND THE
CLARITY THAT
WE WISH
TO SEEK
To provide some context, the consultation regarding
the specific duties has now been ongoing for more than two years.
In 2008, the GEO commissioned research on the effectiveness of
the specific equality duties. The research, by Schneider-Ross,
was published, by the GEO, in June 2009[2]
together with the GEO's first consultation
paper[3]
on the proposals for the new specific
equality duties. Whilst the research by Schneider-Ross identified
ongoing challenges, they concluded that the specific duties were
largely cost effective and should largely be retained in their
current form. Nevertheless a much lighter touch was proposed in
the June 2009 consultation document. At the end of January 2010,
the GEO published its response to its 2009 consultation; in its
policy statement, of January 2010, on the specific duties.[4]
Those of us involved with the Equality Act 2010 were
concerned, before the enactment of the Equality Act 2010, that
a failure to agree the specific equality duties before the election
could result in a degree of confusion, delay and a policy vacuum.
We were therefore disappointed but not surprised that a delay
did occur.
We, and other organizations, had concerns about the
proposals published by the GEO in August 2010. The August 2010
consultation paper set out proposals on the specific equality
duties.[5]
We largely welcomed what we had understood to be the final draft
of the specific duties regulations published in January 2011.
These draft regulations had been produced as a result of and following
a proper consultation process and although they were not perfect
they were largely to be welcomed.
We are quite frankly amazed that the Home Office
has decided to reopen this matter, at the timing of this announcement
especially given the fact that the specific equality duties have
already been the subject on ongoing consultation since June 2009
and were the subject of an extensive consideration and consultation
process under this Coalition Government from August 2010-January
2011. We would ask the Committee to note that our concerns include:
— The
absence of a reasonable rationale for reopening the consultation—reducing
burdens and bureaucracy on public bodies, moving away from a process-driven
approach to a focus on transparency—were principles cited
in the August 2010 consultation paper, why were the draft regulations
published in January 2011 if it was not felt by the GEO/ Home
Office that the issues had been adequately addressed?
— The
proposal to effectively disembowel the specific equality duties
which will have the opposite effect to promoting transparency
and accountability.
— The
approach of the GEO/Home office to consultation, we have been
consulted, we have responded, this feels more like Government
just dislikes what we said.
— What
is the purpose of consultation in the view of Government, do you
just keep chipping away until people just give up because their
views are ignored?
— Why
is the consultation proposed in this case only to run until 21
April 2011 (17 March-21 April is less than five weeks) when the
standard period for any consultation should be three months?
— Why
is yet more money to be spent consulting about issues that should
have been and, in our view, were addressed in the previous consultations
on this matter?
— The
timing of this decision—less than three weeks before the
Public Sector Equality Duty (PSED) and the specific duties were
due to come into force and after guidance has been published (in
January 2011) by the EHRC and the GEO based on the draft specific
duties published in January 2011), is quite frankly appalling.
— The
potential for this announcement and the associated delay to cause
significant planning problems for public bodies is significant—how
can this possibly be justified?
— The
removal of key legal tools, at this crucial stage, used by voluntary
and community organisations to hold public bodies to account is
a matter of serious concern and at variance with the concept that
equality is at the heart of the Coalition's agenda and the various
references made in the Equality Strategy.
Equanomics-UK wishes to seek immediate clarity about
whether the existing specific duties will remain in force until
the new specific duties are agreed by parliament and come into
force. We note that given this belated decision to reopen the
consultation, the likelihood is that the new specific duties would
not come into force until June or July 2011 if not later (as the
new regulations would need to be laid before Parliament).
3. BRINGING THIS
INFORMATION TO
THE ATTENTION
OF THE
COMMITTEE
Equanomics-UK hopes that this information can be
brought to the attention of the Home Affairs Committee. We apologise
for raising these issues so close to the Committee session but
this is because of the exceptionally late announcement yesterday
by the GEO/Home Office. We hope to seek the views of our partner
organisations before Tuesday and hope that there will be an opportunity
to raise any additional substantive matters given the importance
of the PSED and the specific equality duties. We hope that the
Committee will consider whether to raise these concerns with the
Minister.
March 2011
2 Equality Duties: Assessing the Cost & Cost Effectiveness
of the Specific Race, Disability & Gender Equality Duties,
Schneider-Ross: June 2009 Back
3
Equality Bill: Making it work. Policy proposals for specific duties
A consultation, GEO: June 2009 Back
4
25 January 2010 Back
5
"The Government believes that we need a radical shift in
power away from Westminster and Whitehall and back to local communities.
We need to have faith in those engaged in front-line service delivery
to work with local people to identify local priorities and to
design services in a way that delivers the best outcomes for the
public. This means liberating public bodies from time-wasting
bureaucracy. It means stripping out unnecessary prescription,
processes and top down targets to free up resources for front-line
services. We will put public sector professionals, working together
with citizens, in the driving seat." Source: Government consultation
paper on the specific equality duties, published in August 2010.
The consultation period began on 19 August 2010 and
ended on 11 November 2010. Back
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