EDF Seminar 18 April 2007 Sandra Fredman and Sarah Spencer University of Oxford A Single Equality Duty: Action, Outcomes and Accountability

Achieving Equality: Proactive Duties Positive duties as necessary to deliver equality; complaints model insufficient BUT only race, gender, disability covered Separate differing requirements Experience: Race duty as ‘overly bureaucratic, process –driven and resource intensive.’

Why bureaucratic, process driven, resource intensive? ‘Pay due regard to the need to eliminate unlawful discrimination and promote equality of opportunity’ Due regard: Give proper consideration (Elias) rather than eliminate discrimination or take action Equality of opportunity: vague (cf disability duty) Judicial Review: individual claim Specific duty- ‘make arrangements’ (cf gender, disability duties)

The Way Forward: Equality Review recommendations ‘Strong, integrated public sector duty, covering all equality groups’ ‘Focus on outcomes’ Equality targets measured via standard format based on 10 identified capabilities Flexible: bodies establish own priorities Use procurement to further equality goals through the supply chain Transparency, accountability, community action.

Proposed new general duty “A public body shall, in carrying out its functions, eliminate unlawful discrimination and take such steps as are necessary and proportionate to achieve the progressive realisation of equality (as defined) on grounds of race, gender, disability, religion or belief, age and sexual orientation”.

Ingredients Eliminate unlawful discrimination: immediate duty (including pay) Necessary steps: Outcome oriented. Outcome not achieved: presumption that necessary steps not taken unless justified Proportional: explains timing. Progressive: continuing duty to impact assess, monitor and review

Equality goals Equality Act 2006 People’s ability to achieve their potential is not limited by prejudice or discrimination There is respect for the dignity and worth of each individual Each individual has an equal opportunity to participate in society Equalities Review An equal society Protects and promotes equal, real freedom and substantive opportunity to live in the way people value and would choose so that everyone can flourish. Recognises people’s different needs, situations and goals and removes the barriers that limit what people can do and be.

A Re-definition An equal society protects and promotes equal, real freedom and substantive opportunity to live in the way people value and would choose so that everyone can flourish; recognises people’s different needs, situations and goals and removes the barriers that limit what people can do and be; there is equal respect for the dignity and worth of each individual and each individual has an equal opportunity to participate in society regardless of their age, disability, gender race, religion or belief or sexual orientation

Specific Duties Baseline/Impact Assessment Review evidence Diagnosis Decide necessary and proportional steps (including procurement) Action Plan Implementation Monitoring Consultation, Participation, Involvement

Called to account Local action: empowered by transparency on baseline, action & outcomes PSA targets for Whitehall departments Inspectorates: duty to monitor outcomes CEHR: provide goals & indicators; assess compliance; binding agreements require action; compliance notice general & specific duties; JR Courts: enforce compliance notice; JR Equalities Select Committee?

Proposal in summary Stronger general duty: necessary & proportionate steps, progressive realisation of equality – across 6 strands Broad, substantive definition equality, including equal dignity, worth & participation 6 specific duties: baseline assessment & diagnosis, consult, timetabled action plan, implementation, impact assessment, monitor & make public Require use procurement leverage Transparency empowers public & facilitates monitoring & enforcement Specific duties on Inspectorates CEHR stronger monitoring & enforcement powers