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Working Together for Race Equality - The Scottish Executive's Race Equality Scheme

5. The Scottish Executive's Scheme

Our scheme follows a structure that broadly reflects the specific duties set out in the legislation:

• Who is covered by the scheme and how
• Assessment of functions and policies
• Consultation
• Monitoring impact
• Publishing results
• Improving access to information and services
• Training
• Employment
• Contracting

Most sections are concluded with a number of ACTIONS that are also drawn together in Annex 1.

5.1 Who is covered by the scheme and how?

5.1.1 This race equality scheme applies to the core businesses of the Scottish Executive. By this we mean the work of the Scottish Executive's Departments. These include:

• Corporate Services
• Crown Office and Procurator Fiscal Service
• Development
• Education
• Enterprise and Life-Long Learning
• Environment and Rural Affairs
• Finance and Central Services
• Health
• Justice
• Legal and Parliamentary Services

5.1.2 In addition it provides an overarching context for Executive-sponsored bodies, such as the Scottish Prison Service, that have chosen to produce associate schemes.

5.1.3 A number of other government agencies and associated departments have decided to publish their own stand-alone schemes since in many cases they have a distinctive set of policies and functions that have a significant impact on the promotion of race equality. In addition, some of these agencies and associated departments have separate employment monitoring schemes.

5.1.4 Finally, a number of other agencies and associated departments are covered in the Executive's overarching scheme by the contributions from their respective sponsoring departments.

5.1.5 Table 1 summarises the approaches adopted by sponsored agencies and associated departments.

Table 1- Race Equality Schemes - Agencies and Associated Departments

What is covered by the Scottish Executive's scheme?

5.1.6 The structure of the Scottish Executive's overarching scheme is very much informed by the specific duties required of us by the legislation. It describes our understanding of how each duty affects the way we work and specifies action to be taken at a corporate level. It also summarises in the form of an action plan activity that will be pursued at a departmental level to ensure that policies and functions take full account of race equality.

ACTION

(1) In collaboration with Executive departments, agencies and associated departments the equality unit will produce an annual race equality scheme report for consideration by managers and senior management. The report will be made available to the public and to parliament.

(2) Every three years the Executive's race equality scheme will be thoroughly reviewed and appraised in close collaboration with departments, agencies and associated departments and in consultation with all those affected by or with an interest in the scheme's effectiveness.

5.2 Assessment of functions and policies - Impact on race equality: the process

5.2.1 We are entirely comfortable with the duty to assess all existing policies and functions that we feel are relevant to the elimination of racial discrimination, the promotion of equality of opportunity and the promotion of good race relations. We are also striving to have in place clear, open and inclusive means for assessing and consulting on the impact of any new policies we develop as they affect the promotion of race equality.

Assessing existing policies and functions

5.2.2 The Equality Unit developed an assessment tool (see Annex 2) to help staff across the Executive, its agencies and associated departments assess their policies and functions for their impact on the general duty to promote race equality.

5.2.3 The tool guided staff through the process of listing their functions and policies, assessing their impact on race equality by making reference to available research or knowledge of public concern, and then prioritising a set of actions based on this assessment.

5.2.4 The REAF report ( http://www.scotland.gov.uk/society/equality/default.asp ) was explicitly referred to in the guidance helping to ensure that its recommendations were built in to this process in a systematic way. The use of REAF's recommendations in this way also enabled our scheme to benefit from much of the good work the forum did, especially on consultation with minority ethnic communities on a wide range of issues.

5.2.5 The guidance also included an explicit instruction to consider Gypsies/Travellers as a part of this process, and this has been reflected in many of the completed toolkits, and subsequent action plans.

5.2.6 Potentially the most challenging part of the process was assessing the impact on race equality as high, medium or low. To help with this, our guidance to departments, agencies and associated departments suggested a series of questions designed to highlight which parts of the general duty the function was relevant to, and what evidence or public concern exists to indicate that this function is failing to meet the requirements of the duty.

5.2.7 So for instance a high impact area may be one where there is significant evidence of impact and public concern (perhaps highlighted by REAF or regular correspondence from minority ethnic groups and individuals).

5.2.8 A medium impact area may be one where there is a strong possibility of discrimination, but where there is a lack of evidence to test this thoroughly. Alternatively, it might be a function where there is some evidence of differential impact but measures already in place are improving this.

5.2.9 A low impact area may be one where there is no public concern or evidence of discrimination, but perhaps we anticipate this policy area developing and growing over the longer term and want to be aware of the need to build race equality into it as it develops. Another example may be where a specific function has a low impact on race equality due to the fact that it is an inappropriate tool for the promotion of race equality. For instance, some pieces of research are unable to get enough data to dissagregate results by ethnicity. It is sometimes more appropriate to commission separate research to look at issues as they affect different ethnic groups than to attempt this with booster samples.

5.2.10 Some functions and policies were assessed as not relevant to the general duty. These tended to be purely technical functions.

5.2.11 Departments were then asked to take these completed returns and use them to develop plans of action. These can be found in section 6. The action plans are a combination of planned future work and ongoing work, including proposals for possible information gathering exercises such as better monitoring, research or consultation. These action plans are very much focussed on the work of the Departments, and may involve building race equality into ongoing work, or separate stand-alone additional actions.

5.2.12 Agencies and associated departments were encouraged to use the assessment to help them develop their associate schemes, which in turn are intended to highlight action to be taken in key areas to improve race equality.

5.2.13 Whilst we feel that the process has been thorough and well informed, we also see the action plans as being the most fluid part of the final race equality scheme.

5.2.14 What we hope to have achieved, then, is a well-founded assessment of our functions and policies, with a corresponding set of actions presented in an accessible way. This will in turn stimulate feedback and allow us to develop and reform these plans better to serve the diverse communities of Scotland.

ACTION

(3) The Equality Unit together with the Directorate of Corporate Development will review with departments, agencies and associated departments the effectiveness or otherwise of the assessment toolkit as a means of assessing the impact of policies and actions and adjust it accordingly.

(4) Departments, agencies and associated departments will report progress on the promotion of race equality against their respective assessment tools and action plans once a year. In support of this process assessment tools and action plans will be reviewed every six months.

(5) The annual reporting on departments' and agencies' and associated departments' progress in promoting race equality is to be an integral part of the annual business planning cycle.

Assessing the impact of proposed policies

5.2.15 Many of the techniques applied to the assessment of existing policies and functions should be used when analysing the impact on the promotion race equality of new policies. We would expect all those with responsibility for developing policy and preparing legislation to demonstrate to communities, the Scottish Parliament and Ministers that they have undertaken a thorough appraisal of the affects of their proposals on race equality by considering all the evidence and consulting all relevant interests.

5.2.16 This general approach is not new. The promotion of equality for all groups and communities has been central to policy-making by the Scottish Executive since its establishment, especially in areas such as justice, housing, local government, health and education. The Equal Opportunities Committee of the Scottish Parliament and Parliament itself seeks to fulfil the commitment to promote equality enshrined in the Scotland Act 1998.

5.2.17 Guidance on 'equality proofing' to those in the Executive who draft new legislation and guide it through its various stages towards implementation is being further developed.

5.2.18 Specifically, departments, agencies and associated departments will need to demonstrate that in developing new policy they have:

• Understood the race dimension of proposals through analysis of relevant demographic, statistical and survey material, or through the results of commissioned research;
• Identified the potential impact of the proposals on minority ethnic communities and individuals. Where the potential for an adverse impact is established the proposals should be revised to remove this possibility, or in circumstances where this is impossible, modified to reduce such an impact to a minimum;
• Conducted appropriate consultation with minority ethnic groups and communities and ensured that their responses are reported and considered seriously; and
• Considered monitoring and evaluation systems that incorporate sufficient recognition of the need to promote race equality.

5.2.19 It will be a requirement for departments to report to Ministers that this process has been pursued.

5.2.20 Of course not all new policies will have a significant or even a moderate impact on the promotion of race equality, but what will be important is for departments to show that they have at least carried-out a thorough assessment to establish this fact.

ACTION

(6) When developing new policies departments, agencies and associated departments will undertake a race equality assessment of their proposals and identify specific action, if there is an identified need, to promote race equality or to counter-act any possibility for racial discrimination. Such action should be proportionate to the level of impact identified.

5.3 Consultation: on the Scheme: on functions and policies

5.3.1 This scheme, the actions associated with it and the activities of departments, agencies and associated departments will only meet the commitment to secure race equality if minority ethnic groups and communities are engaged fully in the process of assessing and monitoring policies and functions. Consultation, when conducted effectively and sensitively is an essential part of engagement in this process.

5.3.2 We accept that consultation improves and informs the development of policy and practice by drawing on a wide range of experiences and views. It is vital that public policy does not reflect the views of only part of the population. Many equalities groups report negative experiences of consultation. They suggest that their views have not been taken into account, or that the issues they face have not been addressed. This is as true for minority ethnic groups as for any other.

Good Practice Guidance -Consultation With Groups

5.3.3 Recognising the importance of this issue the Scottish Executive drew together good practice in consulting with equalities groups in Scotland ( http://www.scotland.gov.uk/library5/social/gpgc-00.asp ).
The experiences of a range of public authorities, as well as the Executive and a number of national equalities groups were drawn together to produce this guidance in June of this year.

5.3.4 In the guidance we use the following definition of 'consultation':

"Consultation is when opportunities are provided for all those who wish to express their opinions on an area of our work (e.g. identifying issues, developing or changing policies, testing proposals or evaluating provision) to do so in ways which will inform and enhance that work."

5.3.5 We want to ensure that all relevant groups are able to participate and we want to show how they have consulted. With very few exceptions every issue has a race equality dimension which needs to be identified and reflected in practice.

We want to rule out any chance that particular interests and groups are omitted intentionally or unintentionally from any relevant consultative process.

5.3.6 To this end the following potential barriers to participation should be avoided:

• Methods used (e.g. relying on methods which use IT, or which focus only on written materials);
• Physical barriers (e.g. inaccessibility of venues or the lack of facilities at events);
• Attitudinal barriers (the ways in which staff approach or respond to groups and individuals and the assumptions they make);
• Financial barriers (many equalities groups lack resources and this often affects whether they can respond to consultations); and
• Cultural barriers (e.g. using inappropriate facilities or language).

5.3.7 Each consultation is different. We will expect that consultation will be planned on a case-by-case basis. To assist with this members or representatives of relevant groups should be involved in planning at an early stage, and time should be allowed to ensure that this happens.

5.3.8 Our guidance identified a number of principles that should be considered when carrying out consultation:

• take proactive steps to identify and include "hard to reach" groups which are not traditionally involved in consultation;
• recognise that the inclusion or exclusion of groups should not be based upon the numbers of individuals involved;
• choose method(s) appropriate for the group involved, e.g. in some cases, written methods may be suitable, in others face-to-face or a mix of methods may be better;
• take steps to ensure that all views can be included by providing support (financial or otherwise) to allow groups to participate;
• allow some flexibility in how people can respond to a consultation, e.g. by accepting telephone comments;
• accessible information is central to good consultation; assistance should be sought from specialist organisations,e.g. to identify required formats or languages and presentation;
• it is critical that all language used must be inclusive (whether oral or written);
• appropriate training and guidance should be provided to staff to avoid inappropriate attitudes and behaviour;
• images used in documents, or in presentations, must reflect diversity;
• venues should be physically accessible and support for interpretation, transport or care responsibilities should be provided;
• although consultations should be open and transparent, there are good reasons why some equalities groups might require confidentiality and this should be offered and respected;
• feedback should be provided to respondents on how their views have contributed to policy and practice, as well as giving reasons why some suggestions may not have not been taken forward; and
• long-term relationships between the public sector and equalities groups (often involving support) enable groups to take part in consultation, as well as increasing the overall understanding of wider issues.

5.3.9 There is no single best way to undertake consultation. Each consultation exercise will require careful consideration of which groups form the target audience and how some groups might be excluded. If this is done at the start of the process, and appropriate steps taken, there is no reason why any consultation should not be fully inclusive.

ACTION

(7) We will engage with all stakeholders on the continuous improvement of our race equality scheme.

(8) All departments, agencies and associated departments, having determined through systematic assessment that new policies and processes will have an impact on race equality, however minor, will have to apply the Executive's published guidance on consulting with equality groups.

(9) All departments, agencies and associated departments that have applied the guidance will need to demonstrate to the public, the Scottish Parliament and Ministers the process for consultation they have adopted and its outcomes.

(10) As part of the continuous improvement of our race equality scheme we will consult periodically with all groups and communities affected by it through the application of our published guidance on consulting with equality groups.

5.4 Monitoring impact

5.4.1 There is a huge range of activity across the Executive that impacts on race equality. This impact has to be monitored, assessed and reported on systematically so that we, and those we work with and serve, can be clear about whether we are making progress. Some monitoring and reporting will be generic to the whole Executive, its agencies and associated departments, such as the furtherance of employment duties, while other performance information will be on specific functions and policies.

Mainstreaming monitoring

5.4.2 Monitoring and reporting are not ends in themselves, they are essential components of an effective and a responsive policy making process. Monitoring specifically the impact of policies and functions on race equality enables us to make sure that they do not have an adverse or differential impact on people from minority ethnic communities.

5.4.3 Monitoring and reporting on race equality need to be integral to monitoring and performance management systems and not simply bolted-on, or treated as a separate process. The regular assessment of departmental functions and policies as they impact on race, and the progress made in ensuring the promotion of race equality should be part of the performance management of departmental business plans.

5.4.4 To this end a key task for departments, agencies and associated departments is to review their existing monitoring systems, where they have not done so already, and assess if they are fit for purpose in terms of fulfilling their duties to promote race equality and tackle discrimination. Even when systems of monitoring are sensitive to race equality, they will need to be reviewed regularly to ensure that they remain sensitive and responsive to the needs and views of people from minority ethnic communities.

5.4.5 As new policy is developed it is normally accompanied by the identification of desired outcomes and impacts. These should be measurable through the use of attitudinal surveys and data gathering and should include indicators that identify impacts on minority ethnic communities. If the appropriate assessment tools and forms of consultation outlined in previous sections of this scheme are applied to policy development then the outcomes for and impacts on minority ethnic communities should be more easily identified.

5.4.6 The inspection and audit of performance is a crucial function of the Scottish Executive and Inspectorates for which we have responsibility have made considerable progress in building in to their respective systems the monitoring of equality of opportunity and access. With specific reference to race equality the HM Inspectorate of Constabulary has carried-out thematic inspections of Scotland's police forces and identified a number of actions to improve performance across a number of race-related matters ( http://www.scotland.gov.uk/hmic/docs/wprr-00.asp ).
HM Inspectorate of Education is undertaking a thematic inspection of racial equality issues in the schools sector and has already surveyed further education colleges on the effectiveness of their measures for promoting equality of opportunity and addressing racial discrimination. The Social Work Services Inspectorate commissioned a race equality audit in 2000 and the report was published in 2001 ( http://www.scotland.gov.uk/socialwork/swsi/race.pdf ).
Since then much work has been done with local authority social work departments to implement recommendations.

Ethnicity data classification

5.4.7 We are keenly aware of the need to improve the collection, analysis and dissemination of data on equality issues, and in particular on ethnicity, and we are committed to ensuring that wherever possible ethnicity information is available to inform policy formulation. This commitment has been articulated in the Scottish Executive Statistics Plan 2002/3, which states:

"The Statistical Service is committed over the following year to working to increase disaggregation of data by age, gender, ethnicity and disability. The improved availability of data across the Equalities agenda will greatly assist the development of policies and the measurement of progress".

5.4.8 The collection and publication of ethnically disaggregated data poses a number of challenges. We accept as a priority that work needs to be done on the issue of ethnic categorisations and their implications for the collection of data and the assessment of policies. But, we recognise that this is not simply a statistical question but a fundamental issue about the right of individuals to assert their own identity.

5.4.9 In this respect we are currently seeking to address a number of issues which include:

• The need to have ethnicity classifications that are widely acceptable and therefore generate a high response rate to surveys etc.;
• The need to ensure that the data collected is appropriate to the needs of the users;
• The need to harmonise data to enable the monitoring of progress over time or to allow for comparisons to be made between different subject themes;
• The need to consider issues such as disclosure, survey size and confidentiality;
• The need to allow for data to be collected now.

5.4.10 Over the next year we will work with community representatives, service providers, statisticians and researchers both inside and outside the Executive, and other interested bodies in this area to achieve a clearer understanding of the issues. We will then identify a way forward which will meet two objectives:

• The need for service users and others to be able to define their own ethnicity in an equitable way across the range of minority ethnic groups in Scotland;
• The development of a meaningful and consistent approach for service providers who need to use the data to inform their planning and policy making.

5.4.11 In carrying out this work we will draw on CRE guidance on ethnic monitoring.

5.4.12 We will encourage the mainstreaming of the collection of disaggregated data into the everyday processes of organisations. Our belief is that this could, in a relatively short space of time, substantially enhance the evidence-base available for developing policies and services at both local and national levels.

5.4.13 We are supporting work to increase the provision of disaggregated statistics in various policy areas. In areas such as schools, health and housing real strides have been made to improve the quality of information across a wide range of race equality indicators. Lessons learnt here are being applied to other policy areas such as further and higher education, planning and justice.

5.4.14 More generally, we want to continue to improve the availability of equalities statistics across the piece. For example, we published earlier this year a revised and updated version of "Equality in Scotland - Guide to Data Sources" ( http://www.scotland.gov.uk/stats/egds/egds-00m.asp ) to help inform colleagues of the availability of data on a range of equalities areas, including on minority ethnic communities. The results of the 2001 census will be incorporated in future versions.

ACTION

(11) The monitoring and reporting of race related issues should be integrated within the existing corporate, departmental and agency business planning and performance management reporting cycles.

(12) In developing new policy departments, agencies and associated departments should give proportionate and appropriate consideration to its potential impact on minority ethnic people and agree relevant indicators to track progress.

(13) We will enhance our capacity to disaggregate data on minority ethnic communities and progress work on ethnicity classifications.

(14) As part of their ongoing assessment of policies and functions, departments, agencies and associated departments should review and where necessary revise their monitoring and reporting systems with regard to the promotion of race equality.

(15) We will work with the CRE, Audit Scotland and stakeholders on improving the auditing of those public sector functions and policies that impact on race equality.

5.5 Publishing results

5.5.1 In support of our promotion of race equality we will publish the results of our assessments of existing policies and functions (together with those of proposed policies), our consultations and our monitoring. We believe that this is in the interests of genuine transparency in the development and implementation of our policy and we welcome the statutory obligation in the RRAA.

5.5.2 The publication of this scheme is the first step in fulfilling this commitment as it provides our assessment of existing policies and functions, and highlights the practical steps we are taking and intend to take to ensure that they promote race equality in all that we do.

5.5.3 We will publish a report on the implementation of the race equality scheme on an annual basis, drawing on information provided by departments and agencies and associated departments as part of their own regular review and assessment of their policies and functions. This report will itself be an integral part of the annual Equality Report.

5.5.4 In many other circumstances we will encourage the publication of the progress of race equality through existing means where this is practicable. We will ensure that the race dimensions of consultations on relevant policies are incorporated in any reports produced. Similarly, monitoring information on race equality will, as far as possible, be published as an integral element of existing monitoring reports.

5.5.5 Where existing mechanisms are not appropriate, or non-existent, then serious consideration will need to be given to producing additional publications. In considering this step it will be important to take the views of 'customers' for published material to ensure that we meet their requirements as far as is reasonable.

5.5.6 Departments, agencies and associated departments will make available on request the results of detailed assessments of their policies and functions as described in the section in this scheme on Assessment.

5.5.7 The Scottish Executive's own web site, www.scotland.gov.uk will be used to publish relevant documents and information and we will keep under review how best this can be done to meet the need of users.
We will, where appropriate, use our anti-racism web site, www.onescotland.com , as another means of publicising the work of the Executive in promoting race equality. We will also encourage those departments, agencies and associated departments that publish bulletins, reviews and similar publications to use them to highlight the progress they are making in promoting race equality through their respective policies and functions. In addition, we will consider requests to translate relevant publications into other languages.

ACTION

(16) We will publish an annual review of the race equality scheme as an integral part of our yearly Equality Report.

(17) Departments, agencies and associated departments will use existing means, where this is practicable, for publishing their progress in promoting race equality. Where this is not an option alternative means will be considered.

(18) Departmental race equality assessments will be available on request.

(19) We will use the internet to publicise our work on promoting race equality.

5.6 Improving access to information and services

5.6.1 It is essential that we widen access to services, information and opportunities in ways that prevent discrimination. We need to identify and remove any blocks to access for those from minority ethnic communities. This is not just an aspiration - it is now a legal obligation under the RRAA for the Executive and for a wide range of public sector bodies.

5.6.2 Equal access is a right and not just a privilege. It is about asking ourselves if we are making adequate provision and realising that where we are not we (albeit unwittingly) discriminate. The Macpherson definition of institutional racism makes this clear:

Institutional racism is "the collective failure of an organisation to provide an appropriate and professional service to people because of their colour, culture or ethnic origin. It can be seen or detected in processes, attitudes and behaviour which amount to discrimination through unwitting prejudice, ignorance, thoughtlessness and racist stereotyping which disadvantage minority ethnic people".
Stephen Lawrence Inquiry Report, 1999, p.28 ( http://www.archive.official-documents.co.uk/document/cm42/4262/4262.htm )

5.6.3 Each department and agency in assessing their policies and functions have done so in ways that prompt them to examine if they are being discriminatory to any minority ethnic group or community. By raising awareness through training and publicity campaigns, the Executive as a whole is asking the people who work for it to examine their own attitudes and behaviour and, if this discriminates in any way, how they can change it.

5.6.4 By engaging more effectively with minority ethnic communities through consultation and partnership working we should be well placed to identify better ways of opening-up access to information and services.

5.6.5 Although the Scottish Executive itself provides few services direct to the public, we are responsible for many public agencies and organisations that do. Much work has already been done by Executive departments dealing with the police, the courts, health care, housing and schools, in conjunction with service providers and consumers, to ensure that when improving access to services full account is taken of the needs of minority ethnic service users. Much of this work is ongoing and is reflected in the departmental and agency action plans that accompany this scheme.

5.6.6 Departments, agencies and associated departments should also examine regularly the ways in which they make information available to the public and establish if these methods are discriminatory either unwittingly or deliberately. Of particular note are the ways in which those who support activity in the community through the provision of grants publicise and administer them.

5.6.7 It is also essential that good practice in improving access is shared within the Executive and across the Scottish public sector as a whole. We will seek to facilitate the promotion of this exchange.

Translating and Interpreting

5.6.8 The provision of translating and interpreting services is an important factor as it cuts across many different areas of life, from access to services and information through to sports and leisure pursuits and business advice.

5.6.9 We convened a Working Group to examine the provision of translation, interpreting and communication support (TICS) across the public sector in Scotland. The TICS Group included representatives from local government, health boards, the police, the Commission for Racial Equality, the Disability Rights Commission and the Scottish Refugee Council.

5.6.10 The Group undertook a major exercise in mapping out issues and in helping to ensure the publication of the research report by the Scottish Centre for Information on Language Teaching and Research (CILT). This literature review of research, policy and practice relating to translating, interpreting and communication support services across the public sector in Scotland was published in March 2002 ( http://www.scotland.gov.uk/library5/social/sticf-00.asp )

5.6.11 The Group was instrumental in setting an agenda for the next more active stage of TICS work, which is in practice largely being taken forward by a new development worker. The Executive-funded development worker is looking at many of the issues around interpreting and translating, such as the provision of training for translators/interpreters, the number of different community languages spoken in Scotland, ways to co-ordinate and improve the provision in Scotland, minimum standards, and more.

5.6.12 We are also working with the Scottish Forum for Translating, Interpreting and Communication on ways to deliver on a strategic goal of consistently high quality services across the country. The Forum has produced a set of Good Practice Guidelines for public sector bodies ( http://www.scotland.gov.uk/library5/social/sticf-00.asp ).
The Guidelines were published formally with support from the Executive in March 2002.

5.6.13 The Executive will be devising a policy for translating its public documents.

ACTION

(20) Departments, agencies and associated departments will review the accessibility to information and services to minority ethnic people as integral part of their assessment of policies and functions.

(21) The Executive will devise a policy for translating its public documents.

(22) Those Departments with responsibility for the delivery of public services by others will continue to work with them to ensure that service provision does not discriminate against minority ethnic people.

(23) We will examine ways in which we can best facilitate the sharing of good practice on improving access to public services and information in Scotland.

(24) We will continue to find ways of improving the access to and quality of translating and interpreting services across Scotland.

5.7 Training

5.7.1 The training of our staff is an essential prerequisite of our commitment to securing race equality and tackling discrimination in all that we do. Both the people who work for us and those that train them and are responsible for their professional development need to be fully aware of the race equality dimensions of what they do and how they do it.
We have already developed programmes and materials to raise this awareness and how to take practical steps to reinforce it.

5.7.2 We provided mandatory diversity awareness training for approximately 850 of our senior managers and we have followed this up with an evaluation exercise to assess its impact.

5.7.3 We have now extended this training programme to include middle/junior managers and provided an intensive two day diversity training event for all of our Human Resource specialists (including those from agencies and associated departments).

5.7.4 In order better to achieve equality of opportunity in recruitment we introduced a one-day training course for line managers and others involved in the selection interviewing process. The event was based around the principles of fairness and equality, underpinned by a session on equal opportunities, diversity and discrimination.

5.7.5 We are in the process of revising all our training materials with the commitment to mainstream equality into all events on a rolling basis.

5.7.6 As a consequence we are encouraging everyone who is involved in training delivery, both Scottish Executive staff and our external providers, to attend our diversity training and to build diversity issues into their courses. For example, our Effective Manager Programme, aimed at junior and middle managers in the Executive, has been redesigned to include a half day session on diversity, with case studies for other parts of the course also tackling diversity issues. Similarly, our People Management Programme for senior managers explores diversity issues through case studies and courses in managing stress, efficient administration and customer service excellence also examine the issues.

5.7.7 In addition we are providing guidance and material to improve awareness and understanding of diversity, including the production of a Diversity Awareness video that will be ready to view in early 2003.

5.7.8 Although the specific duties of the legislation require us to outline our policies regarding training of our own staff we also want to highlight the important work we are doing with other public bodies to ensure that training and development of staff take full account of the race equality dimension. By working closely with Scottish public health organisations and education authorities we have developed approaches for ensuring that people working in both sectors are given opportunities to understand how their work can best impact on the promotion of race equality.

ACTION

(25) We shall continue to revise existing training events and programmes and, where necessary develop new programmes for all staff, to take full account of race equality and its promotion.

(26) We shall ensure that our training programmes and events do not discriminate against minority ethnic staff.

(27) We shall identify ways in which the implementation of our race equality scheme is reflected in relevant training programmes and material.

5.8 Employment

Equal Opportunities and Diversity Policy

5.8.1 The Scottish Executive policy on equal opportunities is that all staff should be treated equally irrespective of their sex, marital status, age, race, ethnic origin, sexual orientation, disability or religion.

5.8.2 We are committed to increasing the diversity of staff within the organisation. We will develop all our staff ignoring all irrelevant differences in their management and development. Furthermore we will positively value the different perspectives and skills of all staff and make full use of these in our work.

5.8.3 Procedures are also in place to deal with any discrimination claims. Any person who believes he or she has been discriminated against should contact their Personnel Officer in the first instance.

Scottish Executive, associated departments and agencies as employers: a Collective Employment Monitoring Scheme.

5.8.4 The Scottish Executive is subject to the specific duty on employment. This is set out in articles 5 (1), 5 (2) and 5 (3) of the Race Relations Act 1976 (Statutory Duties) (Scotland) Order 2002 http://www.scotland-legislation.hmso.gov.uk/legislation/scotland/ssi2002/20020062.htm

5.8.5 We must monitor, by racial group, the numbers of

• staff in post;
• applicants for employment, training and promotion;
• staff from each group who receive training benefit or suffer detriment as a result of performance management procedures;
• are involved in grievance procedures;
• are subject to disciplinary procedures; and
• cease employment with us.

5.8.6 We must also publish the results of our monitoring annually.

Collective Employment Monitoring Scheme

5.8.7 In order to monitor our staff effectively we have come together with Executive agencies, associated departments and other relevant government departments to implement a Collective Employment Monitoring Scheme. This scheme will allow us to agree monitoring categories so that we can benchmark our progress towards race equality with other similar organisations and share best practice.

5.8.8 The members of the Collective Employment Monitoring Scheme are:

• Scottish Executive Core Departments
• Communities Scotland
• Criminal Injuries Compensation Authority
• Fisheries Research Service
• General Register Office for Scotland
• Her Majesty's Inspectorate of Education
• Historic Scotland
• National Archives of Scotland
• Scotland Office
• Scottish Agricultural Science Agency
• Scottish Fisheries Protection Agency
• Scottish Public Pensions Agency
• Student Awards Agency for Scotland

Responsibility for employment monitoring duties in respect of staff working within HMI Prisons and other smaller Inspectorates, including Social Work Services Inspectorate, will be the responsibility of the relevant and agreed employer in each case. Staff in these offices will therefore be covered by the duties in their employer's race equality scheme.Separate data will not be published on these smaller Inspectorates given the small numbers of staff involved, but will be included in the relevant department's/agency's return.

5.8.9 Carrying out our employment monitoring duties involves analysing our current employment monitoring processes. Table 2 gives a summary of our existing and intending actions in relation to employment monitoring.

5.8.10 Further information on our actions to promote race equality as employers is published under the assessment of our employment function in relation to the General Duty (Table 3).

5.8.11 The remaining Scottish Executive agencies and departments expect to run separate employment monitoring schemes. These include:

• Registers of Scotland
• Scottish Prisons Service
• Scottish Courts Service*
• Crown Office and Procurator Fiscal Service

Table 2- Collective Employment Monitoring Scheme- Action Plan

Table 3 - Action Plan for the Scottish Executive as an Employer

5.9 Contracting and Procurement

5.9.1 The Scottish Executive accepts that as a major procurer of goods and services it has to ensure that those who are contracted by us do not compromise our duty to promote race equality or eradicate racism when carrying our work on our behalf.

5.9.2 The Scottish Executive requires that suppliers will not discriminate within the meaning of the Race Relations legislation and that they take all steps to ensuring that staff or sub-contractors working on the contract comply appropriately.

5.9.3 The aim of public procurement law, policy and best practice is to promote equal treatment between suppliers and to ensure that suppliers are selected on the basis of the ability to perform the requirement.

5.9.4 The failure to comply with the legislation may render a supplier ineligible to bid for Scottish Executive contracts.

Action

(28) We will review standard contract conditions to ensure that they commit our suppliers to comply with Race Relations legislation.

5.10 Dealing with Complaints

5.10.1 We accept that there will be people who, for a variety of reasons, will be unhappy with the way in which we undertake our duties to promote race equality. However, where complaints and concerns are expressed, we recognise that there will have to be a straightforward system for dealing with them.

5.10.2 If a member of the public does wish to make a complaint or raise an issue of concern about any aspect of our race equality scheme then in the first instance this should be directed to Paul Smart at the Equality Unit, Development Department, Scottish Executive,
2-F Victoria Quay, Edinburgh, EH6 6QQ,
tel: 0131 244 5519, or paul.smart@scotland.gsi.gov.uk .

5.10.3 Having assessed the nature of the inquiry and whether it needs to be pursued further, he may decide to direct it to the relevant part of the Scottish Executive for consideration. A response will be issued within 20 working days of the date of the initial inquiry being made.

5.10.4 Although individuals, organisations and groups do not have the right to take legal action against a public authority, such as the Scottish Executive, which they believe has not fulfilled its specific duties under the law, they can notify the Commission for Racial Equality (CRE). The CRE has the power of enforcement. However, we hope that the procedures we have put in place to handle complaints will ensure that no one has to resort to the law to seek legal compliance.

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