The Scottish Government

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6. THE SCOTTISH EXECUTIVE'S SCHEME

6.1 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 and procurement

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

Who is covered by the scheme and how?

6.3 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 are:

• Crown Office and Procurator Fiscal Service
• Development Department
• Education Department
• Enterprise, Transport and Life-Long Learning Department
• Environment and Rural Affairs Department
• Finance and Central Services Department
• Health Department
• Justice Department
• Legal and Parliamentary Services
• Office of the Permanent Secretary

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

6.5 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.

6.6 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.

6.7 The following table summarises the approaches adopted by sponsored agencies and associated departments.

Race Equality Schemes - Agencies and Associated Departments

What is covered by the Scottish Executive's scheme?

6.8 The structure of the 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.

ACTION

6.9 Every three years we will review, appraise, and republish our race equality scheme in close collaboration with departments, agencies and other bodies covered by the Executive's overarching Scheme and in consultation with all those affected by or with an interest in the scheme's effectiveness.

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

Introduction

6.10 We have put 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

6.11 A key part of meeting the statutory duty involves the Executive assessing its functions and policies for their relevance to, and impact on, race equality and identifying specific action, if there is an identified need, to promote race equality or to counter-act any possibility of racial discrimination. Such action should be proportionate to the level of impact identified.

6.12 We are also committed to listing those functions/policies not considered relevant in order to be as transparent as possible and allow proper scrutiny by the Commission for Racial Equality and our other stakeholders.

6.13 For this purpose, we have developed a database which records a range of information on Executive policies and initiatives, including whether they are relevant to race equality, if they have been screened for their impact or potential impact on the promotion of race equality, the outcome of race equality impact assessments, action to be taken to remedy any adverse impact identified, and other work being undertaken on race equality in that area.

6.14 All priority areas that are assessed as being relevant to the duty will be impact assessed in the course of the next 3 years using an impact assessment tool. If this initial assessment indicates a high impact on race equality, a further, more detailed impact assessment will require to be undertaken.

6.15 Formal impact assessments will be published, either as part of a consultation or other report about the policy, or as a stand alone document.

6.16 When developing new policies departments, agencies and associated departments will undertake a race equality impact 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.

6.17 The Equality Unit will review the effectiveness of the database, guidance and assessment tools developed and, if need be, adjust them accordingly. Copies of the impact assessment guidance and tools are available from the Scottish Executive Equality Unit on request.

ACTION

6.18 Every three years we will review our functions and policies, or proposed policies, for their relevance to our performance of the duty.

6.19 When developing new policies, departments, agencies and other bodies covered by the Executive's overarching Scheme will undertake a race equality impact assessment of their proposals and identify specific action, if there is an identified need, to promote race equality or to counter-act any possibility of racial discrimination. Such action should be proportionate to the level of impact identified.

6.20 The Equality Unit will review the effectiveness of the database, guidance and assessment tools developed and, if need be, adjust them accordingly. We will do this in consultation with Executive departments, agencies, and other bodies covered by the Executive's overarching scheme.

Consultation

Introduction

6.21 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.

6.22 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 Equalities Groups

6.23 Recognising the importance of this issue the Scottish Executive drew together good practice in consulting with equalities groups in Scotland Good Practice Guidance on Consultation with Equalities Groups

6.24 The experiences of a range of public authorities, as well as the Scottish Executive and a number of national equalities groups were drawn together to produce this guidance.

6.25 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."

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

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

6.28 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)
• Cultural barriers ( e.g. using inappropriate facilities or language)

6.29 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.

6.30 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
• 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

6.31 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.

Overall Good Practice Guidance

6.32 The Executive's overall Good Practice Guidance on Consultation is currently being reviewed. Particular attention is to be given to the issue of targeting the "hard to reach" groups including ethnic minorities, and the Guidance will incorporate relevant advice to complement the existing equalities guidance. Use of the Guidance is mandatory and will be promulgated across the Executive, its Agencies and Associated Departments.

Civic Participation Steering Group

6.33 The Executive has also set up a civic participation Steering Group to oversee the Executive's policy on civic participation and its inherent inclusive approach. A civic participation network (of Executive staff) has also been established. The network will be used to spread good participation policy - sharing good practice with colleagues and also feeding into the Steering Group real experiences and suggestions which it, in turn, can be incorporated into guidance.

ACTION

6.34 All departments, agencies and other bodies covered by the Executive's overarching scheme will have to apply the Executive's published good practice guidance on consulting with equality groups.

6.35 All departments, agencies and other bodies covered by the Executive's overarching scheme will need to demonstrate to the public, Parliament and Ministers the process for consultation they have adopted and its outcomes.

Monitoring impact

Introduction

6.36 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

6.37 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 understand any differential impact and to ensure that they do not have an adverse impact on people because of their ethnicity, colour or race.

6.38 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.

6.39 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 changing needs and views of people from minority ethnic communities.

6.40 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.

6.41 The CRE has produced an ethnic monitoring guide to assist bodies- see Commission for Racial Equality's Ethnic Monitoring Guide.

Role of Audit and Inspection Bodies

6.42 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. Here are a few examples.

Police Service- 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.

6.43 In addition, the Commission for Racial Equality, Scotland with the support of the Executive, commissioned an independent review of policing and race relations in Scotland following the BBC documentary "The Secret Policeman" which identified major incidents of racism among police recruits in England and Wales. The report concludes that unlike the experience in England & Wales, Scotland can tell a more positive story. All eight forces have met their legal obligations and there is a clear commitment to maximising public confidence and enhancing community relations. While the report makes 73 recommendations, it also makes clear that they should not be seen as reflecting a process that is failing.

Schools-HM Inspectorate of Education ( HMIe) undertook a thematic inspection of race equality issues in the schools sector on the effectiveness of their measures for promoting equality of opportunity and addressing race discrimination. Two publications were produced as a result of this inspection (Promoting Race Equality and Meeting the Needs of Gypsies and Travellers) which share the good practice demonstrated by Scottish schools and offer suggestions for best practice.

6.44HMIe have reviewed procedures and guidance on the inspection of schools to ensure that there is appropriate focus on evaluating and reporting on race equality issues. HMIe have also improved their approaches to monitoring by introducing racial group identification requests into their range of post-inspection questionnaires and are about to introduce these requests into their pre-inspection questionnaires.

Prosecution Service - the first report of the independent Inspectorate of Prosecution in Scotland was published in 21 March 2005. The report made 12 recommendations. The Lord Advocate immediately accepted all the recommendations of the report. This report represents a thematic inspection of the Crown Office and Procurator Fiscal's Office response on race matters. The inspection methodology was thorough, was not limited to a paper exercise and included input from external sources. All of the recommendations are being acted upon.

Race Equality Audit and Inspection Group

6.45 In recognition of the key role audit and inspection bodies play, the Race Equality Audit and Inspection group has been reconvened. This group is chaired jointly by the Scottish Executive and the CRE and comprises:

HM Inspectorate of Fire Services
Audit Scotland
Communities Scotland
HMI Education
HMI Constabulary
NHS Education
NHS Quality Improvement
HMI Prisons
Care Commission
Scottish Social Services Council
Scottish Public Services Ombudsman
Social Work Scotland Inspectorate
Crown Office & Procurator Fiscal Service

6.46 The group will:

• consider further how compliance with the statutory duty to promote race equality may be built into existing audit and inspection processes;
• meet on a quarterly basis, during which time a remit for this group will be developed;
• focus on sharing information on best practice, and encompass other equality strands, such as disability and gender.

Ethnicity data classification

6.47 We are 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. The section in the Scheme covering Departmental Action - Office of the Permanent Secretary - provides further information on what we are doing.

6.48 The collection and publication of ethnically disaggregated data poses a number of challenges. Work is being done on the issue of ethnic categorisations and their implications for the collection of data and the assessment of policies. We recognise that this is not simply a statistical question but a fundamental issue about the right of individuals to assert their own identity.

6.49 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

6.50 Please refer to chapter 3 of the Scheme (Ethnic Identity) to find out what work we have been doing in this area.

6.51 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.

6.52 More generally, we want to continue to improve the availability of equalities statistics across the piece. For example, we published a revised and updated version of "Equality in Scotland - Guide to Data Sources" 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

6.53 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.

6.54 In developing new policy, departments, agencies and other bodies covered by the Executive's overarching scheme, should give proportionate and appropriate consideration to its potential impact on minority ethnic people and agree relevant indicators to track progress.

6.55 We will enhance our capacity to disaggregate data on minority ethnic communities and continue our work on ethnic identity.

6.56 As part of their ongoing assessment of policies and functions, departments, agencies and other bodies covered by the Executive's overarching scheme, should review and where necessary revise their monitoring and reporting systems with regard to the promotion of race equality.

6.57 We will work with the CRE and audit and inspection bodies on improving the auditing of those public sector functions and policies that impact on race equality.

Publishing results

6.68 In support of our promotion of race equality we have developed a database which records a range of information on Executive policies and initiatives, including whether they are relevant to race equality, if they have been screened for their impact or potential impact on the promotion of race equality, the outcome of race equality impact assessments, action to be taken to remedy any adverse impact identified, and other work being undertaken on race equality in that area.

6.69 In addition, we will publish the results of all formal impact assessments undertaken- both initial and full, and these will be available on the SE's website- either as standalone documents or as part of a related consultation report, policy document, annual report etc.

6.70 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.

6.71 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.infoscotland.com/noplace as another means of publicising the work of the Executive in promoting race equality.

6.72 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 and formats.

ACTION

6.73 All departments, agencies and other bodies covered by the Executive's overarching scheme 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.

6.74 We will use the internet to publicise our work on promoting race equality, including the One Scotland websitewww.infoscotland.com/noplace

Improving access to information and services

6.75 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 a legal obligation under the RRAA for the Executive and for a wide range of public sector bodies.

6.76 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

6.77 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.

6.78 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.

6.79 Although the Executive itself provides few services direct to the public, we are responsible for many public agencies and organisations that do so. 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 database and/or the departmental section which form part of this scheme.

6.80 Departments, agencies and associated departments should also continue to 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.

6.81 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- Public Policy

6.82 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. We want to ensure Scotland has consistently high quality services across the country.

6.83 The Scottish Translation, Interpreting and Communication Forum Good Practice Guidelines for use by the public sector were published in March 2002 with support from the Executive.

6.84 Since then the Executive commissioned Heriot -Watt University to undertake research on the provision of public sector translation and interpretation services. Research findings are due to be published in November 2005 and will be considered by us alongside other research undertaken on this issue.

6.85 The Executive is also funding a three year pilot on the development of "Happy to Translate" logo. The logo is intended to show that organisations will provide interpreting and translation services to non-English speaking customers/service users. The logo will shortly be going "live" with pilot organisations.

Executive's Internal Policy

6.86 In terms of the Executive's internal policy, we have provided the following advice to departments:

6.87 "When preparing any report, consultation or leaflet for publication, or where a request is made you should consider the following:

• The Scottish Translation, Interpreting and Communication Forum Good Practice Guidelines- these were endorsed by the Executive.
• What is the nature of the document e.g. is it a public information leaflet, or a technical report for practitioners? If the former or something of a similar nature then consider if there is a need to publish in other languages and if so is there a need to distribute to non English reading minority ethnic communities or groups in advance of any possible requests. If not you could include a line in your publication to say that community language versions and alternative formats will be made available on request. This sentence would obviously need to be in various different languages as well as in English.
• Could refusal possibly breach the statutory duty to promote race equality? If in doubt seek the advice of the Equality Unit or your legal adviser.
• Translations need not be look alike versions - again on the basis of cost - it's acceptable to provide translations in Word format only. Or you could prepare web based or summary translated versions. However, if the target audience is known to include non-English speaking individuals, departments should consider producing look alike versions at the same time as the English version. But, given translations can only be done once the English text has been finalised, you either need to build in additional time to their launch, or accept that there will be a delay in producing the look alike versions to allow time for the translations.
• There is no firm data at this time on the different languages used in Scotland and the numbers of speakers of each language (including those who do not have English as a first language). We cite the main community languages as being Arabic, Chinese, Urdu, Punjabi, Hindi, Bengali and Gaelic although we recognise that there are now many others in use due to the increase in the refugee population. The Scottish Refugee Council should be able to provide advice on these if necessary. www.scottishrefugeecouncil.org.uk

ACTION

6.88 Departments, agencies and other bodies covered by the Executive's overarching Scheme will review the accessibility to information and services they provide to minority ethnic people as an integral part of their assessment of policies and functions.

6.89 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.

6.90 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.

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

TRAINING AND DEVELOPMENT

6.92 The Scottish Executive HR department is currently undergoing major organisational change and therefore we are not in a position to commit to future training plans at this time.

6.93 Corporate Learning Services ( CLS) is currently in a process of engaging with stakeholders about what priorities should be, and diversity and equality will very much be a part of the debate, particularly bearing in mind our legal responsibilities around training on race equality matters, and our general commitment to equality. The following paragraphs set out our progress on training in the last few years as well as areas we would like to focus on (which are subject to decisions about HR's future structure, priorities etc).

6.94 Corporate Learning Services have been working to mainstream equality and diversity awareness throughout the corporate programme. In particular they recognise that managers have a critical role in modelling behaviour that will support the organisation's commitment to promoting equality and diversity. The following strategy is regarded as a sustainable approach in the long term. This integrated approach, based on effective leadership, will embed positive behaviours in the workplace and thereby meet the aims of the Race Equality Scheme.

6.95 In 2004 CLS completed a major revision of the first line management training programme - the Effective Manager Programme. This explicitly focuses on key behaviours that managers need to demonstrate to meet the expectations of staff and the organisation. CLS has incorporated a learning intervention whereby at the commencement of the programme each manager is provided with feedback from staff on how they currently demonstrate six key behaviours. One of these is 'Respecting the Individual' which focuses on how individual managers value individuals and recognise difference. This part of the programme allows managers to explore their current assumptions, how they are perceived, and space to consider action and remedies. In addition the programme focuses on highlighting the importance of self awareness, the examination of how managers communicate to people, how individuals are developed in the workplace and their responsibility to the organisation as a role model. Expertise in these areas will provide key skills that will build competence in managing and promoting equality.

6.96 Our People Management Programme for senior managers explores diversity through investigating the behavioural traits that drive individuals. Through a thorough investigation of the cognitive and emotional traits that form the basis of such actions, individual managers are provided with the opportunity to examine their own behaviours and their role in being sensitive to cross cultural issues.

6.97 In light of the Professional Skills for Government initiative CLS will undertake a full revision of the People Management Programme. This will provide a further opportunity to refresh the current approach to diversity and equality and will be done in collaboration with key stakeholders, including the Equality Unit. It is anticipated that this revision will be completed by April 2006.

6.98 We have provided the opportunity for all managers to attend diversity awareness training and identified this course as a core learning activity under the Skills for Success for all B and C bands. In the light of a further evaluation of this course it is the intention to review the content and applicability of this event.

6.99 Diversity and equality issues have been mainstreamed into all courses, including Better Policy Making, Managing Performance, Difficult Telephone Calls and Competency Based Selection Interviewing. In addition all new course development reflects the importance of promoting equality, for example the Attendance Management course which is due to be piloted in November 2005.

6.100 Learning Centres allow individuals to undertake self study at their own pace and at a time that suits them. It is intended to undertake an audit of the current stock of diversity material in the Learning Centres and if appropriate update with new material. We will do this in conjunction with stakeholders.

6.101 In order that we can take advantage of the potential for e- learning across the business we will investigate the costs and benefits of purchasing an e-learning product specifically on the issue of diversity.

6.102 Mentoring is increasingly viewed as having a positive impact on individual development. Other public sector bodies have implemented a mentoring scheme for minority ethnic groups with great success. We will work with the Equality Unit to promote a positive action development scheme whereby minority ethnic employees are treated as high-priority groups in the supported mentoring scheme.

ACTION

6.103 We shall continue to revise existing training events and programmes and, where necessary develop new programmes for all staff, to equip staff to understand impact assessment and take full account of race equality and its promotion.

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

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

Employment Duties

Collective Employment Monitoring Scheme

6.106 In order to monitor our staff effectively we have joined with a number of Scottish Executive Agencies and associated Departments to implement our Collective Employment Monitoring Scheme. Much of this information is already collected centrally as many of our Agencies and associated Departments are included on our central Human Resources recording system. Information from those that are not is collected separately.

6.107 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 Inspector of Education
• Historic Scotland
• HMI Prisons and other Inspectorates
• National Archives of Scotland
• Scotland Office
• Scottish Agricultural Science Agency
• Scottish Fisheries Protection Agency
• Scottish Public Pensions Agency
• Student Awards Agency for Scotland

Progress tables for each of the employment data strands.

6.108 Information on each of the strands of the Executive's Collective Employment Monitoring Scheme are published on the Executive's website at ( www.scotland.gov.uk/Topics/People/Equality/18934/15832). The strands are-

• Staff in Post
• Applicants to the Scottish Executive
• Applicants for training
• Recipients of training
• Applicants for promotion
• Those affected by performance assessment reviews
• Those involved in grievance procedures
• Those who are the subject of disciplinary action
• Those leaving the Scottish Executive

Achievements

6.109 As an employer, the Scottish Executive has taken forward a number of important initiatives over the past three years. Since 2001, we have held an annual Diversity Summer Placement Scheme, providing high-quality paid placements to minority ethnic graduates and undergraduates, with a number of benefits both for the organisation and the students themselves. We have also supported Cabinet Office placement initiatives for both minority ethnic and disabled candidates, including Scottish Executive candidates for the Pathways leadership development scheme for minority ethnic staff with the potential to progress to the Senior Civil Service.

6.110 We are currently reviewing our Dignity at Work policy to ensure that it remains fit for its purpose of eliminating discrimination in the workplace and making the Executive a safe and secure place to work. We have also participated in a number of diversity awareness raising events, both in conjunction with our staff networks and other parts of the organisation, e.g. bullying and harassment workshops; a financial awareness week; and recruitment fairs.

6.111 A review of our Performance Management policy has been completed and we have mainstreamed diversity throughout, to ensure that diverse behaviours and values are recognised and rewarded. We have introduced significant new flexibilities to our existing flexible working hours scheme and opened the opportunity to apply to work a flexible pattern to all of our staff to allow them to balance their work and home commitments, whatever these might be.

6.112 We have revised our internal advertising scheme, placing a key focus on skills and competencies to promote equality of opportunity and fairness in our transfer, progression and promotion procedures.

6.113 Development of the HR Policy Team equal opportunities and diversity intranet site is ongoing. Additions include detailed information on a variety of religions and beliefs to supplement our existing guidance on the Religion and Belief regulations, the launch of a Staff Etiquette Guide, including a section on cultural considerations and guidance on our ethnic monitoring procedures.

6.114 To enhance the accuracy of our staff ethnicity data, we also undertook a staff re-survey and this was completed in early 2005. Although we were pleased at the level of response, further work is still needed and revised guidance has already been issued to our HR and Recruitment Teams to ensure that information is captured at the earliest possible stage.

6.115 We also commissioned an external facilitator to hold an event for all minority ethnic staff to empower them to challenge unacceptable behaviour.

6.116 More detailed information on past policy developments can be found in the Race Equality Assessment/Action Database on the Executive's website.

Assessment and Action

6.117HR Policy Team has made a detailed assessment of the organisation's internal employee policies and procedures and considered their relevance both to the general and specific duties.

6.118 Further information on these assessments, the outcomes, and action taken, or planned, to address them can also be found in the Race Equality Assessment/Action Database on the Executive's website.

Other planned actions

6.119 The Scottish Executive's progress on employee diversity issues continues apace. Amongst the additional work that is currently ongoing includes further consideration of appropriate outreach initiatives, including the format of our summer diversity placement scheme; additional internal awareness raising initiatives, in conjunction with the Race Equality (formerly Multicultural) staff network, including event-specific opportunities such as Black History Month.

6.120 We will also continue to work to enhance the quality of our monitoring information by targeting those staff who have not responded and will consider the results of the 2005 Employee Survey to ensure that there are no race discrimination issues.

6.121 Information on further action that the Executive has planned on a range of equal opportunity and diversity issues can be found in the Race Equality Assessment/Action Database.

New e- HR System

6.122HR Division is currently undergoing a transformation to allow it to deliver an enhanced service to the organisation. One important component of the transformation is the introduction of a new e- HR system in May 2006. The new system will allow more accurate information-gathering and reporting on a wide range of staffing issues and a self-service element will give staff greater confidence in supplying personal data.

Contracting and Procurement

6.123 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 out work on our behalf.

6.124 The Scottish Executive requires that suppliers will not discriminate within the meaning of race relations legislation and that they take all steps to ensure that staff or sub-contractors working on the contract comply appropriately.

6.125 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. The procurement website contains a link to CRE guidance on race relations issues in procurement.

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

Dealing with Complaints

6.127 We accept that there will be people who, for a variety of reasons, may 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.

6.128 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 Rhona Carr, at the Scottish Executive, Equality Unit, Development Department, Scottish Executive, 2-F Victoria Quay, Edinburgh, EH6 6QQ, tel: 0131 244 5503, orrhona.carr@scotland.gsi.gov.uk

6.129 Having assessed the nature of the inquiry and whether it needs to be pursued further, we 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.

6.130 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) www.cre.gov.uk 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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