Making Statutory Duties Work – Lessons from Northern Ireland Thomas Mahaffy Policy Officer UNISON NI Jonathan Swallow Swallow Consulting UNISON NI Community & Voluntary Sector Branch

Section 75: Beyond anti- discrimination legislation The D Word: Anti-discrimination laws require the Act to have taken place first The D Word: Anti-discrimination laws require the Act to have taken place first Statutory Duties are a legal obligation to PROMOTE equality of opportunity Statutory Duties are a legal obligation to PROMOTE equality of opportunity Vulnerable groups: gender, marital status, religious belief, political opinion, race, sexual orientation, disability, age, people with dependents Vulnerable groups: gender, marital status, religious belief, political opinion, race, sexual orientation, disability, age, people with dependents

Key Principles New laws were fought for – not ‘given’ New laws were fought for – not ‘given’ –Changed focus from punishing direct ‘prejudiced’ discrimination to reducing structural inequalities –Fair Employment Act 1989  Policy Appraisal and Fair Treatment Guidelines (PAFT)  UNISON –v- Down Lisburn Trust  Good Friday/Belfast Agreement – NI Act 1998 Powerful tools for change in society Powerful tools for change in society No use – Unless Used! No use – Unless Used!

What’s it for: Recognition Recognition Participation Participation Redistribution Redistribution

What relationships it creates Creates a tripartite relationship between: Creates a tripartite relationship between: decision-makers decision-makers affected groups affected groups enforcement body enforcement body Stronger relationship in NI than GB but push for it Stronger relationship in NI than GB but push for it

What’s entailed Equality Scheme – sets out the plan Equality Scheme – sets out the plan Screening Screening Equality Impact Assessment Equality Impact Assessment Final Decision Final Decision

What’s needed to make it work High Level leadership – Political Will, Executive Commitment High Level leadership – Political Will, Executive Commitment Strategic Focus Strategic Focus Resourcing (budget) Resourcing (budget) Monitoring, Measuring, Reporting Monitoring, Measuring, Reporting EQIA – coordinated/strategic EQIA – coordinated/strategic Consultation mindset essential Consultation mindset essential Compliance and strategic enforcement Compliance and strategic enforcement

Examples of Success NI Govt budget altered to provide free nursing care for the elderly NI Govt budget altered to provide free nursing care for the elderly All privatised NHS contracts brought back in house All privatised NHS contracts brought back in house Circular balancing equality and VFM obligations Circular balancing equality and VFM obligations 1200 workers, mostly women lifted from minimum wage and private contractors back to in-house team 1200 workers, mostly women lifted from minimum wage and private contractors back to in-house team

Increased awareness of rights across sectors and communities Increased awareness of rights across sectors and communities Strong coalitions of the affected groups Strong coalitions of the affected groups Borrowing, imitation, networking, solidarity Borrowing, imitation, networking, solidarity

Anatomy of success – challenging privatisation UNISON lobby – Ministerial directive UNISON lobby – Ministerial directive Departmental Circular (Balance of equality & VFM) Departmental Circular (Balance of equality & VFM) UNISON lobby – all relevant Trusts UNISON lobby – all relevant Trusts Process established for EQIA Process established for EQIA Benchmarking Benchmarking Evidence & judgement = Return In house Evidence & judgement = Return In house UNISON/employer work to bring it back in: new patterns of working UNISON/employer work to bring it back in: new patterns of working Resistance challenged by UNISON/Equality Commission Resistance challenged by UNISON/Equality Commission Public and political lobby on results Public and political lobby on results In house return In house return

PFI PFI –Schools (cleaners) –Schools (meals workers) –Schools (caretakers) –Acute health PFIs PFI / health budgets PFI / health budgets Exclusion of staff Exclusion of staff Regeneration Regeneration Using disclosure rights Using disclosure rights –Executive policy (domestics) –Procurement Guidance: equality / sustainability

Other bargaining outcomes Other bargaining outcomes –Relocation –Rosters –Public sector reorganisation –Grant-making –Public policy: rates; cost of division –Programme for Government / Budget