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5. PROMOTING RACE EQUALITY - STATUTORY DUTIES
Introduction
5.1 As with local government, non-departmental public bodies and agencies, the Scottish Executive is legally obliged actively to promote race equality in all its work, as a consequence of the The Race Relations (Amendment) Act 2000 ( RRAA). In addition to this general duty, Scottish Ministers have used their powers to make The Race Relations Act 1976 (Statutory Duties) (Scotland) Order 2002 placing more specific duties on certain bodies, to ensure the better performance of the general duty. This includes a requirement to draw up a Race Equality Scheme showing how both the general and specific duties will be fulfilled.
The Race Relations (Amendment) Act 2000
5.2 A number of significant changes to the Race Relations Act 1976 have been made. The strengthened legislative framework is helping public authorities across the UK provide their services to the public in a way that is fair and accessible to all, irrespective of a person's race, colour or nationality. It will also give members of the public greater protection from unlawful race discrimination. In particular, the changes:
- Widen and strengthen the anti-discrimination provisions within the Race Relations Act; and
- Introduce an enforceable duty on public bodies to promote race equality.
5.3 The original Race Relations Act 1976 made direct and indirect discrimination and victimisation unlawful in a range of areas such as employment, housing, education and training, and the provision of goods, facilities and services. The 1976 Act has now been amended so that race discrimination is outlawed in all public functions, with a few exceptions.
5.4 A general duty has also been placed on public authorities to promote race equality. This requires them to take action to prevent acts of race discrimination before they occur. Those public authorities, in performing their public functions, have to:
"Have due regard to the need to eliminate unlawful racial discrimination, and to promote equality of opportunity and good relations between persons of different racial groups."
5.5 Key public authorities - including central and local government bodies, health service bodies and many more - are additionally subject to a number of specific duties. These are specific actions that they are required to take so as to help them meet the new duty to promote race equality. Scottish public bodies had to comply with the new duties by 30th November 2002. Like other key bodies, the Executive is legally required to assess its functions and policies for their relevance to its performance of the statutory duty to promote race equality every three years. We therefore decided to take this opportunity to review all the other arrangements we have put in place in order to meet the statutory duty and have published this new Scheme.
Impact of the specific duties
5.6 Those responsible for providing public services need to ensure that their policies and services are fair. The specific duties require key bodies to prepare and publish a Race Equality Scheme describing their public functions and policies that are relevant to the duty. Bodies also have to set out their arrangements for assessing and consulting on the policies they are proposing for adoption; for monitoring for any adverse impact of their policies on the promotion of race equality; for publishing the results of their assessments, consultations and monitoring; for ensuring public access to information and to services; and for training for staff in issues relevant to the duty. In addition there are a number of employment duties public bodies are expected to comply with.
5.7 There are separate duties for schools, and further and higher education institutions.
The Role of the Commission for Racial Equality ( CRE)
5.8 The Commission For Racial Equality was established under the Race Relations Act 1976 to:
1. work towards the elimination of discrimination;
2. promote equality of opportunity, and good relations, between persons of different racial groups generally; and
3. keep under review the working of the Act and, when they are so required .... or otherwise think it necessary, draw up and submit ...proposals for amending it.
5.9 The CRE is also responsible for monitoring compliance with the statutory duty to promote race equality and for taking any required enforcement action. The CRE has produced a Statutory Code of Practice on meeting the general duty along with supporting guidance which can be downloaded from www.cre.gov.uk.
5.10 The CRE provided feedback on the Executive's last Scheme (as well as on other key public bodies) and we have taken account of this in preparing our new Scheme.
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