The Scottish Government

FUNCTION OR POLICY

COMMITMENT
Actions we committed to in our Scheme and new commitments

OUTCOMES/ ACTIONS TAKEN
Work undertaken to date

FUTURE ACTION
Work underway or planned to address these challenges

DEADLINE/ TIMING

CONTACT
Lead unit working on this

High Impact

General policy on public bodies and public appointment matters

Minority ethnic groups are reasonably well-represented on Scottish NDPBs - i.e. commensurate with their percentage of the population - but are under-represented at chairman level. The Executive is doing all it can to address this situation - e.g. through systematically notifying minority ethnic groups of forthcoming vacancies. The work we are doing to open up the public appointments system and make it more accessible to under-represented groups does comply with the general duty. We are using a variety of mechanisms, e.g. the new Scottish Commissioner for Public Appointments that is being established by a Bill currently in the Parliament will have a statutory responsibility to work with theExecutiveto try to achieve greater diversity on NDPB boards.

The Executive has enacted legislation - The Public Appointments and Public Bodies etc. (Scotland) Act 2003 - to establish a Scottish Commissioner for Public Appointments (CPAS) with specific responsibility for promoting diversity in public appointments.

Successful introduction of a Parliamentary Notification system for public appointments which includes notifying underrepresented group organisations of all vacancies.

Working with the STUC on an ongoing basis to secure a better understanding of diversity related issues and how to address them.

Published Diversity in the Public Appointments Process in Scotland in October 2003. Several of the Report's recommendations already implemented.

Second tranche of the NDPB Shadow Initiative ongoing.

The provision of internal Guidance to sponsor teams across the Executive on the public appointments process.

Ongoing programme of speaking engagements targeted at under-represented groups.

Comprehensive information on vacancies, public appointments and public bodies on the Executive's Public Bodies website.

Assist in the development of a Public Appointments Diversity Strategy with the new CPAS.

The provision of diversity awareness training and seminars for all officials involved in the public appointments process.

Ongoing programme of speaking engagements targeted at under-represented groups.

Ongoing implementation of the recommendation contained in the report, Diversity in the Public Appointments Process in Scotland.

Public Bodies Unit, Team 1
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Best Value

Incorporated a reference to equal opportunities requirements (including the requirements of the RR(A)A) into the statutory duty of Best Value in Scotland.

- This has provided a means whereby equalities agendas may be mainstreamed into local authority decision making.

- Guidance issued under the 2003 Act has reference to equalities issues. Relevant equalities organisations had the opportunity to contribute towards the consultations on these issues.

Recent legal advice suggests that obligations relating to the promotion of equalities agendas can be delegated to contractors where the contractor will be discharging a local authority function on the authority's behalf, and this will be referred to in any further advice theExecutiveissues to authorities on procurement and contracting practices.

Performance and Improvement Division, Best Value in Local Govt
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Section 59 of the Local Government in Scotland Act 2003 also places authorities under a duty to promote and encourage equal opportunities, and observance of the equal opportunities requirements.

This duty on Local Authorities includes observing equal opportunities requirements in public performance reporting, the supply of goods and services under trading agreements, use of the power to advance well being, and community planning.

This is for Local Authorities to take forward.

Performance and Improvement Division, Best Value in Local Govt
x47056

Medium Impact

European Structural Funds (ESF) - Implement effectively 2000-6 structural funds programmes

[ESF has transferred to ETLLD - see ETLLD Action Plan for further details.]

Local Government in Scotland Act 2003

Extensive consultation with equalities bodies. Overarching provision on equal opportunities contained in Act, plus specific provisions on Best Value and reporting.

Act in force:

Consultation completed and guidance amended in light of comments;

Implementation on-going

Sharing good practice in all aspects of community planning including community engagement and equalities.

Act in force - implementation on-going

Performance and Improvement Division, Community Planning Team
x47040

Scottish Procurement Directorate (SPD) - Advising on and developing public procurement policy (eg Procurement Policy Manual, Procurement Guidelines in the Scottish Public Finance Manual)

All standard Executive terms and conditions contain a clause requiring that contractors will not discriminate within the meaning of Race Relations legislation and requiring that they take all necessary steps to ensuring that staff or sub-contractors working on the contract comply appropriately. We are committed to promoting equal treatment between suppliers and to ensuring that suppliers are selected on the basis of ability to perform the contract rather than any other factors. We have placed a guidance note for suppliers on our website, reminding them of the need to comply with Race relations legislation and that failure to do so may render them ineligible to bid for Executive contracts.

The Executive's current standard terms and conditions place these requirements on contractors. Also, guidance for suppliers on the need to comply with RRA obligations (or risk exclusion from tendering) has been published on the Executive's procurement website.

A further review of standard terms and conditions of contract is expected to be completed in 2004. the review will consider whether any redrafting is desirable, although the existing terms and conditions are adequate. We will also issue a reminder to the Scottish procurement community of the need to take account of the CRE procurement guidance. We are content that the procurement policy and procedures currently in place comply with the RR(A)A duties.

Policy Systems and Administration, FCSD
x43657

Setting up an improvement service for local government .

Shadow Board in place, including CoSLA and SOLACE, working to pave way for company board.

Our aim is to support the delivery of continuous improvement, by building on the expertise in local authorities and through working in partnership with our stakeholders across the public, voluntary and private sectors. We will operate under the principles of best value, equality and delivering added value to public service delivery.

The improvement service will be given clear direction of the importance of diversity in the work it does. As the service beds down - the potential is there for the impact to increase

Performance and Improvement Division, Local Government Performance
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Low Impact

Developing and promoting data sharing across wider public sector (21st Century Government Unit)

We will develop, in consultation with the Department for Constitutional Affairs, guidance on data sharing for the public sector.

The 21 ^st Century Government Unit have been developing guidance documents on the sharing of personal data.

It is CSU who have been taking forward work on sharing data on ethnicity. [See their contribution in the OPS Action Plan.]

Ongoing

21st Century Government Unit
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To co-ordinate Scotland's compliance with EU Directives and Regulations (External Relations)

External Relations role is administrative; any Directives or Regulations affecting race would be taken forward by the areas of the Executive who have the policy lead.

External Relations monitor the transposition and implementation of all EU obligations. Any affecting race issues would be taken forward by the lead Division

External Relations Division, Branch 2
x41607

Building Better Cities - a strategic policy framework for Scotland's six cities

No specific Executive commitments.

In January 2003, however, with the launch of Building Better Cities, the Executive commissioned Aberdeen, Dundee, Edinburgh, Glasgow, Inverness and Stirling to develop strategic, ten-year City-Vision statements based around a set of core values, including " living cities". The Review of Scotland's Cities concluded that all cities should be " strong and culturally confident communities" which provide cities with a diverse " social infrastructure" through their " traditions, culture and behaviours".

City-Vision statements were published by each city's Community Planning Partnership in May 2003. Each of them places due emphasis on the need to support diversity and equality.

The City-Vision process is ongoing - each local authority is taking forward its City-Vision strategy over the next ten years with its Community Planning partners, and will therefore fall under the cities' own equality and diversity monitoring processes.

Specific projects are supported by the 90m Cities Growth Fund (2003-06).

n/a

Performance and Improvement Division, Better Cities Team
x44956

Renewing Local Democracy - Widening Access to council membership

Encouraging a wider cross section of community to consider standing for election as a councillor

Establish a Progress Group to examine ways in which council membership can be made more attractive to a wider cross section of community and report to Ministers

Inaugural meeting of Group. Questionnaire issued to all local authorities to establish what action local authorities have already taken

Evidence to Local Government and Transport Committee of the Parliament in January 2003. Thereafter meetings with political parties, trades unions and other stakeholders. Evidence sessions with members of the public in different parts of the country.

Report to Ministers Autumn 2004

Local Govt Finance and Constitution Division, Local Democracy Team
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