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DIVERSITY IN THE PUBLIC APPOINTMENTS PROCESS IN SCOTLAND

SECTION FIVE OVERALL VIEWS AND OTHER ISSUES RAISED

5.1 All of the findings in the previous sections have focused on aspects of the public appointments process which may impact upon participation by under-represented groups. A number of other potential barriers to participation in public life were also highlighted, however, which may affect the level of representation of particular groups. Although outwith the actual appointments process, it is important that they are also recognised and acknowledged in the diversity strategy.

WIDER BARRIERS TO PARTICIPATION IN PUBLIC APPOINTMENTS

5.2 Previous research has identified that barriers to participation within the public appointments process are only part of the problem. A recent report by the Department for Transport, Local Government and the Regions (2001) ²⁰ focusing on issues affecting women noted that there were six main factors which were particularly relevant to participation in public appointments, as follows:

• Awareness of public appointments.
• Attractiveness of public appointments.
• Confidence in applying for public appointments.
• Time required to fulfil the duties of public appointments.
• Childcare.
• Cash.

5.3 The Cabinet Office "Short Life Working Group on Improving Diversity in Public Appointments" which reported in 2003 also recognised the importance of contextual/cultural issues, as did many respondents to this research. The issues highlighted most commonly are noted briefly below, before identifying suggested ways of addressing these.

Awareness

5.4 One of the issues raised most frequently was the current low level of awareness of public appointments in Scotland (amongst under-represented groups and more generally). It was suggested, for example, that there is not sufficient stress upon the importance of these posts and a general lack of appreciation of the nature of public service, as well as a lack of understanding about how under-represented groups can make a positive contribution. This was seen to narrow the potential pool of people with an interest in public appointments.

Current perceptions of public appointments

5.5 Three related aspects of current perceptions of public appointments were also identified as constraining participation: perceptions of appointees; perceptions of the process and perceptions of NDPBs.

5.6 It was suggested that perceptions of current appointees (and often the actual make up of NDPB boards) could deter under-represented groups from application. Examples included:

"… the very strong public perception that only those who could be described as 'the great and the good' ever successfully secure such posts i.e. those who already hold office in some way are much more likely to hold more offices."

5.7 The Equality Unit also recognised that public appointments are commonly perceived amongst some as an "old boys' network" and others suggested that the process is seen to be geared towards the male business community who live in the central belt.

5.8 A consequent lack of visibility of under-represented groups was also identified, and:

"the fact that they are so significantly under-represented can be a barrier and make them feel 'this isn't a place for me'".

5.9 In relation to overall perceptions of the process, a number of candidates focused on their views of the 'political' nature of this. For example:

"there is a public perception that only those of the reigning politics need apply and lack of awareness that these groups are being encouraged."

5.10 Others made similar points, suggesting that they believed that public appointments reflected vested interests and involved appointments on the basis of 'who you know'. The effect of these perceptions on applications was also identified, as follows:

"why apply for things if at the end of the day the Minister is going to make the decision based on political affiliations?"

5.11 Negative publicity about public appointments was seen to have exacerbated this and increased the level of cynicism amongst potential candidates.

5.12 Perceptions of NDPBs themselves and the ways in which they engage with under-represented groups were also seen to impact on participation. It was noted that many under-represented groups are not currently involved with public bodies, with public service having an unattractive image. It was also suggested that specific groups may believe that public bodies would not take their views seriously and would not encourage their involvement.

Operation of NDPBs and the Scottish Executive

5.13 A number of issues were also raised about the actual operation of NDPBs in Scotland, particularly in their equalities practice. It was suggested that not all organisations have a well-developed understanding of issues affecting under-represented groups. This can lead to a range of inappropriate assumptions about the abilities and roles of different groups, as well as a failure to operate in an inclusive way and a range of consequent barriers.

5.14 Similar issues were raised in relation to the overall operation of the Scottish Executive. It was suggested that the overall culture and ethos of the Executive affects the public appointments process and although there have been many positive developments, there remain issues relating to the overall approach of the Executive and staff to equalities issues. It was also suggested that there is often disengagement between those who appoint and those who apply for positions; reflected in jargon, "professional" language and reluctance on the part of some staff to involve "non-professional people" in decision making.

Capacity

5.15 Broad issues were also raised frequently about the "capacity" ²¹ of specific groups to participate in public appointments. As one organisation summarised:

"there's no point in having the gate open if the capacity isn't there to walk through it."

These constraints were seen to extend beyond the process, to the level of interest in, and opportunity for, participation.

5.16 A number of respondents mentioned a perceived lack of confidence amongst members of under-represented groups, exacerbated by their limited previous contact with NDPBs. Other specific constraints which were highlighted included:

• The lack of representation of some groups in what are seen to be the most relevant areas of work (for example, as current holders of public appointments, on committees or in specific areas such as finance, science and technology), as many of the under-represented groups have traditionally had limited opportunity to develop the skills required.
• The time available for participation (for example, young people have a range of career commitments; people outwith the central belt face issues relating to travelling time and many women combine paid work, domestic work, family responsibilities and community involvement).

Financial issues

5.17 It was suggested that people experiencing material deprivation are themselves an under-represented group. Some additional financial constraints outwith the appointments process were also highlighted, as follows:

• The low level of remuneration in many public appointments.
• Inconsistency in remuneration.
• The costs of participation for some individuals (e.g. people with caring responsibilities and people travelling long distances).
• Difficulties for self-employed people caused by lack of remuneration (allied to the time commitment).
• Reluctance of employers to allow paid time off for public duties.
• Lack of exemption of disabled people from the potential loss of disability benefits when taking part in public appointments work.

Measurement and review

5.18 Lastly, it was noted that there is a current lack of review of actual initiatives to promote diversity in public appointments, leading to a lack of awareness of "what works", which could inform future developments.

SUGGESTED DEVELOPMENTS

5.19 In the context of these barriers, many respondents noted that changes to the process alone will have limited impact without tackling the broader constraints and many suggestions were made to address these.

Awareness

5.20 It was suggested that there is a need for general awareness raising about public appointments in Scotland, using a number of means. The need for education (generally and for specific groups) was highlighted with:

"… a need for a more comprehensive education programme to make people aware of the opportunities and the potential rewards in terms of satisfaction."

5.21 A number of respondents suggested education in schools and other educational settings to ensure that young people are made aware of the work of public bodies, the nature of appointments and the potential for involvement. One respondent suggested that the education process should place greater value on public service, while some highlighted the specific need for education in "civic participation" and equality. In one of the case studies, it was suggested that representatives of the NDPBs could link to schools and provide information about their roles, and it was also suggested that "politicians of the student workforce" could raise awareness. One respondent noted that one NDPB had recently funded a school to seek the views of young people to feed back to the board. Other suggested educational initiatives including debates and seminars to help to clarify the nature of public appointments.

5.22 A number of other suggestions for publicising public appointments included:

• Regular fairs and Roadshows.
• Development and circulation of publicity materials.
• Press/media coverage of interesting examples of NDPBs and recent appointments and publicity about changes as diversity improves.

5.23 A small number of examples of such work were highlighted including roadshows in local areas, presentations to community forums and, in one case, an organisation having invited community representatives to a party in order to raise their awareness. It was also noted that specialist organisations have been involved in some awareness raising in the past.

Current perceptions of public appointments

5.24 It was also suggested that some specific perceptions require to be addressed, including changing perceptions of board members through the appointment of more candidates from under-represented groups (and increasing their visibility). It was recognised that this was a 'chicken and egg' situation, with a need to begin to see people from under-represented groups in public appointments, alongside a need for more candidates to come forward. In order to address this, the need for organisations to offer a chance to under-represented groups was stressed, with the view that:

"unless what might be perceived as risks are taken and [organisations] appoint less experienced people then this cycle will not be broken".

It was also suggested that organisations should adopt the view that a board is a team and that no one member need be able to do everything.

5.25 Many of the suggestions relating to the means of increasing the visibility of appointees were linked to developments in awareness and publicity, but there was also a role for:

"people like myself (no previous public appointment and not part of the 'old boy network' which was my perception about who would be successful) - spreading the word and encouraging under-represented groups to apply."

The provision of information about successful appointees (perhaps in the form of 'case studies') could then help to increase the visibility of under-represented groups which, in turn, would lead to improved practice and increased participation.

5.26 The development of a widespread view of public appointments as open and transparent was also seen to be vital, with a need to make it clear that the process is conducted effectively at all stages and is not a means of 'patronage'. It was also suggested that individuals should not be appointed to "multiple boards". The need for positive publicity was also highlighted, with an emphasis on new developments and provision of "good examples".

5.27 It was suggested that perceptions of the operation of NDPBs could be addressed, at least in part, by the ways in which NDPBs engage with under-represented groups (through a more proactive approach to developing closer contact with communities). It was noted that the increased focus on the development of mechanisms for consultation (e.g. in the provisions of the Race Relations [Amendment] Act 2000 and in the wider context of the need for accountability) could provide opportunities for stronger links with under-represented groups. One of the equalities organisations also suggested that local authorities, health boards and other public bodies have a responsibility to promote involvement at a local level and should use this as an opportunity to change perceptions of their operation and to raise awareness of public appointments. It was also suggested that the issue of public appointments could be included in discussion at meetings held for other purposes.

5.28 It was also noted that NDPBs should take steps to make it clear that they belong to all of the people of Scotland, not simply to specific groups or geographical areas. This could include, for example, more promotional positive statements from the NDPBs themselves about the types of change which they are seeking to encourage.

Operation of NDPBs and the Scottish Executive

5.29 Some suggested changes focused upon the need for NDPBs and the Scottish Executive to develop their own equalities practice further, including the need for:

• The ethos and culture to consistently reflect a commitment to equality and the promotion of diversity, with a commitment from the highest level and throughout the organisations, and "champions" at a senior level.
• A perception of equalities issues as "highly important" in Scotland with the continued development of "grassroots inclusion".
• The development of knowledge of equalities issues (through training and other means) among staff members and reflected in their practice.
• Recruitment of staff in accordance with good equalities practice.
• Equality awareness to be addressed by the chairpersons of public bodies and included as part of the induction process for appointees.
• Organisations to identify and address barriers for under-represented groups.

In some cases, it was suggested that this may require broad cultural change.

5.30 A number of respondents noted that NDPBs themselves could encourage members of under-represented groups to participate in public appointments. One of the NDPB respondents also suggested that organisations could consider other ways of operating, such as developing greater use of sub-committees in which less experienced candidates could gain experience. (The Cabinet Office guidance also suggests considering whether appointments may be suitable for younger people with limited experience, to enable them to develop their skills.)

5.31 Further suggestions included:

• Adopting a broader concept of a board (e.g. having a more broadly drawn, non-executive council or forum to express views on policy and to act as a "training ground" for the main board).
• Developing 'youth boards' through which young people could provide their views and become involved in public life.
• Reserving specific places on boards.

5.32 It was also suggested that NDPBs could take a number of practical steps in relation to their meetings and operation, to enable participation by people from under-represented groups. Overall, it was suggested that these meetings should be transparent, with members of the public encouraged to attend relevant events. Other suggestions related to the timing of meetings, the recognition of potential timing barriers (for example, for some women, working people, young people and people with long distances to travel) and the need for increasing flexibility to overcome these barriers. Again, the Cabinet Office guidance also suggests the need to offer flexibility in the working practices of a board.

5.33 Similarly, it was suggested that organisations should always use venues which are physically accessible and should provide transport assistance, communication support, childcare (or care costs) and travelling expenses; making it explicit that these will be available. The PAT guidance suggests that the overriding principle should be that none of the chairpersons or members should be out of pocket as a result of their appointment.

5.34 It was also noted that organisations' own meetings should reflect the need for clarity and simplicity in the process and the use of inclusive, non-discriminatory and appropriate language. The increasing use of locations outwith the central belt (and the willingness to hold meetings in different venues) was also identified as a way of encouraging people from other areas to participate. The use of new technology as a means of enabling their participation (for example, through the use of video and e-conferencing) was also highlighted.

Capacity building

5.35 It was also suggested that there is a need to develop skills and capacity amongst members of under-represented groups. As one respondent noted, for example:

"what matters is that they are, therefore, given opportunities to build, or discover that they have, appropriate skills".

5.36 The most common suggestion in relation to capacity building was for the development of training focusing specifically upon participation in public appointments, with regular, formalised provision for people who expressed an interest. (Again, this is supported by the Cabinet Office guidance, which suggests offering training in particular skills.) It was noted that this could involve working with interested individuals directly or through intermediary organisations and might include, for example:

• Identifying and developing a set of core skills.
• Developing techniques to enhance the chance of success in the process.
• Helping individuals to understand how skill sets work.
• Developing understanding about general aspects of public appointments and the work involved.

It was noted, however, that it is important not to raise inappropriate expectations through training and that this should take a "realistic" approach.

5.37 NDPB shadowing, which allows potential applicants to observe the work of board members and develop their understanding was also identified as a means of capacity building. It was noted that the PAT is currently promoting this. Many respondents suggested the need to continue and develop this initiative, for example:

"at the moment the Executive's job shadowing is a useful but minimalist approach. We have to create a bigger pool from which board members can come - not just the 'usual suspects'".

5.38 The use of role models, by identifying individuals participating successfully in public appointments and using their experience as the basis of development work with other groups, was also suggested as a means of capacity building. An example of current good practice was provided, where an organisation was working with its members to try to raise awareness of the contribution which they could make. This was undertaken through seminars and conferences with input from women who have taken up public appointments. It was noted that "mentoring" could also help people to apply existing skills to another area of work.

5.39 It was suggested that work could be undertaken (linked to awareness raising) to enable people to identify the relevance of their existing skills (such as those gained on school boards, community councils, PTA etc.) to public appointments. This should be supplemented by continuing to develop the appointments process to value such skills.

5.40 It was also identified that more general initiatives should be undertaken by a range of organisations to encourage people to be more active in their communities and to enable people to participate in public life in a range of different ways. This might include the encouragement of participation in other organisations (such as local community bodies). This, in turn, could lead to the development of individuals' skills, experience and confidence, which would increase the likelihood of their participation in public appointments.

5.41 Some organisations also noted that capacity building should not end with an appointment to a public body and suggested the need for full induction training and on-going training for those who become involved. The Cabinet Office guidance also notes that the training needs of new appointees should be considered. In addition, a publication entitled 'On Board' has recently been produced for board members of Scottish public bodies, which can supplement tailored induction and training. Copies have been sent to all serving members of boards and will be issued to new appointees.

5.42 Other capacity building suggestions included:

• Roadshows and events aimed specifically at promoting capacity building.
• The use of distance learning materials.
• Adaptation and use of programmes available through careers services.
• Adaptation and use of specific capacity building programmes.

Financial issues

5.43 It was noted that people experiencing material deprivation should be recognised as an under-represented group in their own right, with consideration given to specific ways in which their participation can be encouraged and enabled.

5.44 It was also suggested that financial barriers to participation in the operation of NDPBs should be addressed, in terms of remuneration and payment of expenses and that consideration should be given to providing financial support to people in order to attend training. (The current PAT guidance notes that sponsor teams determine the level of remuneration to chairpersons and members and should consider carefully whether levels of remuneration will attract individuals from under-represented groups.)

5.45 It was also suggested that support should be provided to the voluntary sector to allow participation in public appointments, where "time out is expensive". It was noted that issues relating to disability benefits should be explored further, with the suggestion that changes to the regulations relating to eligibility may be required.

Measurement and review

5.46 The need for measurement and review was seen by some respondents to include the evaluation and review of any specific initiatives undertaken, with the findings used to plan future work. It was suggested that the information produced should be relevant and presented in clear reports, with details of "the whole process from start to finish".

Other issues

5.47 Finally, in relation to the overall context, it was suggested that:

• The development of diversity in public appointments needs to be seen within the context of a wider strategy to promote democratic renewal.
• The role of the Commissioner should be covered by the Race Relations (Amendment) Act 2000.
• The PAT, sponsor teams and NDPBs should continue to develop and maintain links with the Scottish Executive Equality Unit and specialist equalities organisations.

OVERVIEW

5.48 It became clear during this research that barriers to participation in public appointments extend beyond the process itself to include broader contextual and cultural issues, which must be tackled alongside changes to the process in order to increase participation by under-represented groups. All of these issues must be reflected in the overall means of promoting diversity in public appointments and the final section provides a summary of the main conclusions and a series of good practice developments. All of these can help to inform the improvement of the existing process and the development of a diversity strategy to be led by CPAS.

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