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7. DEPARTMENTAL ACTION

7.1 This section details some of the work being undertaken in the following Executive departments and agencies:

• Communities Scotland
• Crown Office and Procurator Fiscal Service
• Development Department
• Education 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

7.2 Please refer to the Race Equality Assessment/Action Database on the Scottish Executive's website to find out what policies the Executive is responsible for, their relevance to race equality and what assessment for impact on race equality has been undertaken to date etc.

Communities Scotland ( CS)

7.3 From 2001 - 2004 we implemented our race equality policy "Housing Scotland's Black and Minority Ethnic Communities". Key milestones achieved within this policy included agreeing a Memorandum of Understanding between our Regulation & Inspection Division and the Commission for Racial Equality. The CRE has shadowed one of our inspections and expressed satisfaction with our scrutiny of landlords' approach to the promotion of race equality. Another commitment was to promote positive action programmes aimed at enhancing the career opportunities in housing open to minority ethnic applicants. We have been funding Positive Action Training in Housing since 2001 and are currently drawing up a Service Level Agreement with them in order that we can continue to support this important work.

7.4 In August 2005 we published CS's Equality Strategy which replaces our previous race equality policy and incorporates our commitments under our associate 2002 Race Equality Scheme. The strategy was published following extensive public consultation with contributions across all the equality strands. As part of this consultation our Scottish Centre for Regeneration hosted an Equalities Masterclass which featured Jane Elliott and her world renowned 'Blue Eyes, Brown Eyes' exercise on racism and other types of discrimination, as well as focus groups for each of the equalities groups. We also commissioned Positive Action in Housing to host an additional day workshop for minority ethnic groups in order to build capacity around responding to public consultations. In our Equalities Strategy we have committed ourselves to extending our duties around race, to all six equality strands. In this we embrace the principle of operating beyond legislative compliance.

7.5 We have been pursuing our commitments to promote race equality across all areas of the agency. The positive results of this are becoming increasingly apparent. Communities Scotland entries into the UK National Race Action Net Awards have reached the final stages for the past two years running. In 2004 our Homepoint team, which offers housing information and advice, received a commendation award for their local authority introduction pack for refugees. This year we nominated the Happy to Translate initiative part-funded by our Edinburgh Area Office. The project has been short listed, with the awards to be announced at the end of October.

7.6 Ensuring equality is part of the core business of the agency. It is at the heart of responding to individual and community needs and responding effectively and sensitively to the diversity of individual service users.

7.7 The pursuit of equality and the recognition of diversity is a legal, regulatory and moral imperative for Communities Scotland, both as an employer and as a service provider. Through both our regulatory role in housing inspections and our assessing role within Local Housing Strategies and the Community Regeneration Fund, Communities Scotland acts as a catalyst for improvement in promoting equality, valuing diversity and removing unfair discrimination.

7.8 A Strategic Equality Group was established in January 2004. The group comprises representatives from across the agency and its remit was to develop, implement and monitor an Equality Strategy for Communities Scotland. This strategy sets out our commitments to promote equality across all six equality strands. This will not only help us to meet our duty to promote race equality, but will also prepare us for similar forthcoming duties to promote disability and gender equality.

7.9 In its regulatory role, Regulation & Inspection carried out thematic studies on Equalities and Gypsies/Travellers in 2002 to provide a better understanding of how different social landlord approaches affect their delivery of services. Follow up studies to track progress will be carried out during 2005/06.

7.10 In its assessing role of Regeneration Outcome Agreements of Community Planning Partnerships, the Regeneration Division has developed a continuous improvement strategy for mainstreaming equalities in the Community Regeneration Fund.

7.11 All staff received Diversity Training during 2004 and 2005 as well as completing computer based training on Equalities Legislation. To supplement this all staff will also attend Cultural Awareness Training, Disability Equality Training and Mental Health First Aid. Staff involved in policy development or delivery will undertake training on equality proofing and completing and recording equality impact assessments. We have included promoting equality as a mandatory corporate objective. All staff will be assessed against this objective through annual staff appraisals.

7.12 As a regulator we will ensure that our housing inspection service mainstreams an assessment of equalities into all aspects of its work and we will continue to implement our agreement with the Commission for Racial Equality, who will assess our approach to inspecting equality in housing and homelessness. We are committed to developing partnership arrangements with the other equality Commissions and representative bodies on the Equalities Co-ordinating Group ahead of the proposed Commission for Equality and Human Rights to scrutinise our approach to assessing equalities issues in inspections.

7.13 As an assessor we will implement our Continuous Improvement Strategy for Mainstreaming Equalities within the Community Regeneration Fund, giving equalities feedback to each Community Planning Partnership on their Regeneration Outcome Agreement and requiring them to develop a mainstreaming equalities work plan to demonstrate how they will improve on the delivery of equalities and meet their legislative duties.

7.14 As a funder we will strive to ensure that the frameworks we use to distribute our housing and other investment programmes, take explicit account of race equality.

7.15 As a facilitator the frameworks of standards we develop ourselves and with others will be based on principles of fairness, equality and inclusion and we will consult with a variety of groups when we develop them to reflect the diversity of people in Scotland.

7.16 While Communities Scotland, working closely with partners has, to date, consistently endeavoured to promote race equality in housing and community regeneration, we recognise the importance of reinforcing this commitment. The agency does so in a spirit of genuine respect for difference, embracing and valuing the cultural and racial diversity that exists in Scotland.

Crown Office and Procurator Fiscal Service ( COPFS)

7.17 The COPFS published a Race Equality Action Plan ( REAP) in November 2002. The REAP sits under the umbrella of the Scottish Executive Race Equality Scheme and is unique to COPFS and our aims - to provide an independent, modern prosecution service that pursues cases fairly and consistently in the public interest.

7.18COPFS considers that it is vital that we have, and are seen to have, race and diversity equality in all our practices and procedures. This is reflected in the fact that all the COPFS functions are given a high priority in our REAP as we know that race equality is measured in what we do and who we are.

7.19 The establishment of the REAP helped us to recognise the duties placed upon us by the Race Relations (Amendment) Act. It focussed our thinking on race equality by helping us recognise what we had already achieved, while helping us to identify the areas that still need work and to set goals for the future.

7.20COPFS has already updated our REAP on three occasions, and the present REAP that can be viewed on our Internet and Intranet sites was last updated in May 2005.

Key Achievements

7.21 Some of our main achievements detailed in the REAP include:

• Our robust policy on the prosecution of racist crime, whether under Section 50A of the Criminal Law (Consolidation) (Scotland) Act 1995, which made the new offences of racially aggravated harassment and behaviour where the alleged conduct was aggravated by some form of racial malice and ill will, or whether in cases which are charged as existing offences but with the addition of a Section 96 aggravation under the Crime and Disorder Act 1998 stating that the alleged conduct had been aggravated by some form of racial malice and ill will - and our system for constantly monitoring these cases.
• Our regular training for legal staff in the investigation of racist incidents and on how to work with interpreters.
• The Lord Advocate's Guidelines that were issued to Chief Constables, which deal both with the investigation and reporting of racist crime to Procurators Fiscal. They require a number of features to be included in police reports submitted to prosecutors, such as: the victim's perception as to the reason for the crime being committed, the effect that this has had on the victim and whether there is a need for interpreting or translation for the victim, witnesses or accused person.
• The establishment of a Race (now Diversity) Strategy Group chaired by the Solicitor General. This Group considers the strategy that COPFS should pursue to fulfil our duties towards race equality. This Group is informed by reports received from each of our eleven Area Diversity Teams.
• The Area Race (now Diversity) Teams which were established to assist in the implementation of our strategy at local and area levels and to report regularly to the Diversity Strategy Group. The Area Teams liaise with minority ethnic individuals and communities. Over the past three years we have also had the expertise of a secondee from West Of Scotland Racial Equality Council who has provided invaluable assistance and advice to our Area Teams
• We have carried out unprecedented and focussed consultation events around Scotland with minority ethnic women, the business community and asylum seekers.
• We have produced and published comprehensive guidance for our staff on diversity matters. This is available on our departmental Intranet site and includes a handbook on race matters, advice on working with interpreters and translators and guidance for our area teams.
• The ground breaking innovation of an advisory body called the Equality Advisory Group whose members include individuals from minority ethnic backgrounds and those with expertise in the context of both race and broader diversity subjects. This body provides independent advice to the COPFS about proposed or existing policies or current practices and has proved invaluable to the department.
• The introduction of a compulsory 2-day Diversity Awareness Programme for all members of the COPFS. Stage one of this Programme has now been delivered to existing staff and the feedback has been extremely positive. The courses cover many topics including Prejudice and Discrimination, Power, Racism, Hate Crimes, Culture and Cross-cultural Communication. 1547 staff have already attended at the 147 courses that have been run during the first phase. The courses will continue, as the programme is mandatory for all new staff.
• Our involvement with the influential Working Group on Interpreting and Translation which we currently chair. Its membership is drawn from the COPFS, Scottish Police Service, Scottish Court Service, the Law Society of Scotland and the Scottish Legal Aid Board. Through the group we aim to establish common standards for Interpreters and Translators throughout the Criminal Justice System.
• The development of a Race (now Diversity) Proofing Tool for use by COPFS staff when considering policy or practice development.
• The development of a programme for individuals who are training to be interpreters that assists in explaining the Criminal Justice System and which includes a mock trial.
• The development of the Victim and Information and Advice service ( VIA), which provides information about the path through the Criminal Justice System for witnesses and victims and to which victims of racist crime are always referred.
• Close communication with the Police at the COPFS/ ACPOS Standing Group on Race and Diversity Issues to try to ensure that we can learn from each other and provide a consistent service to witnesses and victims.

7.22 All of these actions demonstrate what the COPFS has already achieved; however the REAP has also helped us to focus on those areas which still require improvement. It caused us to re-examine our overall approach to our work. There is much still to do and we are committed to continuing to improve the service we deliver to all who come into contact with us.

7.23 The recent report by the Independent Inspectorate of Prosecutions for Scotland also assisted us in identifying the work that we still have to do. The report was extremely positive and suggested that the changes we have made under our REAP have already had an impact and have improved our approach to race equality.

7.24 The report examined all aspects of how we deal with racist crimes, how we treat our witnesses and how we look after our staff. The report contained 12 recommendations, all of which we have accepted and are following through. These recommendations have been included in our updated REAP.

7.25 We have already moved to a broader diversity agenda which incorporates our existing race strategy and commitment but which goes much further in pursuit of an overall equality strategy. An example of this was when our departmental Race Strategy Group widened its remit in October 2003 to cover diversity issues whilst still maintaining a clear focus on race equality matters. The Equality Advisory Group did likewise in 2005. Each of our eleven areas has a Diversity Area Resource Team covering all the strands of diversity.

7.26 We are also committed to transparency and accountability in the context of diversity and we publish as much material as possible on diversity issues on our website. We have developed and put in place a method of Diversity Proofing - the Diversity Proofing Tool. This allows a policy or practice to be assessed for its possible impact on diversity as well as putting in place a system to monitor the actual impact on diversity once the policy or practice has been in operation for some time. Through this, we have developed a better system to ensure that our policies and practices are being diversity proofed, that they are being diversity impact monitored once they are operational and that this is being recorded and published as evidence of our actions.

7.27 Throughout the three years of the COPFSREAP, we have continually updated our achievements and goals for the future. The REAP has helped COPFS to recognise and record its progress on race equality. It has given us a chance to reflect on our policies and practices to make them more open, transparent and accessible to all of the people of Scotland.

7.28COPFS needs to have the confidence of the public - all of the public - in order to work effectively. That confidence can be maintained and strengthened if everybody knows and can see that they will be dealt with fairly by COPFS. COPFS will continue, through our REAP, to ensure that diversity and race equality is inherent in all we do.

7.29 For further information on-

• what we are doing to promote diversity, including our work to eliminate race discrimination and promote race equality;
• the processes we have put in place and the tools our staff must use to help them understand the impact of our policies and other work on diversity/race equality please visit our website at www.crownoffice.gov.uk or contact the Diversity Team at the Crown Office at 25 Chambers Street, Edinburgh EH1 1LA (Tel 0131 226 2626).

Development Department ( DD)

7.30 The Development Department aims to achieve a physical and social infrastructure and built environment which contributes to sustainable growth, improved health and social justice.

7.31 The tools of our work include policy and legislation, investment planning and delivery, contracting to deliver services, regulation and planning adjudication, co-ordination and promotion. We co-ordinate the Executive's work on social justice, equalities and the voluntary sector. We also look outwards, working with the European Commission, Whitehall departments and devolved administrations, local government, other public bodies, business, voluntary, community and expert groups.

The work of the Department and its impact on race equality

7.32 Apart from co-ordinating equalities generally, the RR(A)A impacts on much of what we do in planning and housing and social justice. In particular our work is about helping those who are most deprived or who suffer the worst inequality, and engaging with them. Across the department we work hard to form networks and partnerships with communities.

7.33 Here are some examples of work being taken forward across the department (NB- work being undertaken by the Equality Unit Race Team is not included here as it is already highlighted at the beginning of the Scheme).

Closing the Opportunity Gap Target Delivery Plans

7.34 The Closing the Opportunity Gap targets were set in December 2004 and drive Executive action and resources to deliver key aspects of tackling poverty and deprivation in Scotland. The targets cover employability, health inequalities, education, financial inclusion (access to financial products and services), community regeneration and rural disadvantage. Each of the 10 targets has a delivery plan which is publicly available on the Executive's website, http://www.scotland.gov.uk/Topics/People/Social-Inclusion/17415/opportunity.

7.35 Ministers have recognised that an Equality Impact Assessment is necessary for each of the Closing the Opportunity Gap targets. This will ensure that policies and programmes addressing poverty do so in a way that is sensitive to race, along with other factors that often compound the impact of poverty e.g. gender, disability.

7.36 Equality impact screening is therefore being carried out at the moment for each of the Closing the Opportunity Gap targets. The results will be published on the Executive's website in the next few months. In the medium term, action to deliver the targets will be revised where necessary to take account of factors associated with race (and other dimensions of equality).

Financial Inclusion

7.37 As above, this is a key aspect of the Executive's closing the opportunity gap approach to tackling poverty and disadvantage in Scotland. The Executive has already identified that some aspects of financial inclusion e.g. debt advice and financial education may need to be delivered differently to people from minority ethnic communities, compared to mainstream services. For example, people from some communities may not wish to seek advice on debt from high street providers of advice services such as Citizen's Advice Bureaux or local authority "advice shops".

7.38 The Executive is therefore funding demonstration projects to develop both debt advice and information and education on money management, for minority ethnic communities. If these are successful in identifying effective approaches, the resulting good practice will be mainstreamed in other advice and information services that are directly or indirectly funded by the Executive.

7.39 The Executive has allocated £5.3 million per annum for the 2 years 2006-07 and 2007-08 to Financial Inclusion work in the 11 local authorities with the worst current problems of financial exclusion and low income. Local authorities are currently working up plans to use their share of this funding. The Executive is requiring plans to be equality proofed, including for their impact on minority ethnic communities. This should result in new culturally sensitive services, where a significant need for these is identified in local authorities' assessment of gaps in current services.

Voluntary Issues

7.40 We have continued to fund the Black and Ethnic Minority Infrastructure in Scotland (BEMIS) - £200k in 05/06. BEMIS has a critical role in supporting the development of the minority ethnic voluntary organisations and community groups and is one the Executive's key partners in developing our relationship with the minority ethnic sector.

7.41 Our standard grant application pack now includes an "Equality Monitor" form. The Scottish Executive is committed to the mainstreaming of equality across its Departments, and applications from equality groups for all of our grant schemes are welcomed. By providing this information organisations can help us to monitor the distribution of funding across all equality groups.

Regeneration

7.42 The regeneration of Scotland's deprived communities is key to the Executive's goal of breaking the cycle of deprivation, raising personal and community ambitions, and lifting children out of the misery of poverty. Some minority ethnic groups can be disproportionately affected by deprivation and we are working to ensure that regeneration activity reaches all groups within those communities.

7.43 Data from the Social Focus on Deprived Areas 2005 begins to help us understand further the multifaceted nature of deprivation. In terms of ongoing work, Communities Scotland is creating a new post to work with Community Planning Partnerships to support the mainstreaming of equalities within Regeneration Outcome Agreements (ROAs). A pack of support and guidance materials, including practical examples, is being developed. Communities Scotland is also working on collaborative arrangements with the Commission for Racial Equality on their scrutinising role regarding continuous improvement in promoting equality. In monitoring implementation of the forthcoming Scottish Executive Regeneration Statement, data will be disaggregated where feasible to support regeneration policy.

Housing

7.44 We have contributed to the formulation of the Commission for Racial Equality's (CRE) Statutory Code of Practice on Racial Equality in Housing in Scotland. The Codes are due to come into force in early 2006. The Code will apply to all providers of housing and related services in Scotland whether in the public, private or community and voluntary sector.

7.45 The aims of the Code are:

• to set standards for achieving race equality;
• to provide practical guidance that will help organisations and individuals involved in all areas of housing to avoid unlawful racial discrimination and harassment, promote equal opportunities for all, and encourage good race relations; and
• make sure that anyone who is considering taking a legal case, or who has concerns about the way decisions on housing matters have been made, understands the legislation, their rights, and what constitutes good practice in the field of housing.

Supporting People

7.46 We are:

• Comparing data on the ethnicity of clients helped through Supporting People, from the annual statistical returns, with census data on local ethnicity rates, investigating any significant disparities with individual local authorities.
• Ensuring that our new directory of housing support services is accessible to all ethnic groups.
• Ensuring information about our voluntary sector grants scheme is widely promulgated and available to voluntary sector bodies representing minority group interests.
• Ensuring that those organisations funded through our voluntary sector grants scheme have policies in place to promote race equality.

7.47 A Care and Repair Monitoring System, being introduced shortly, will record client ethnicity. We shall review access to information and take up of services against ethnicity when we receive the first return in March 2006

Homelessness

7.48 In the area of homelessness policy and legislation, relevant work to date:

• In carrying out their statutory duties to homeless people, local authorities must have regard of the Code of Guidance on Homelessness which was recently updated and published in May 2004. The Code stipulates that local authorities' interactions with people who present as homeless must be carried out in a non-discriminatory way and be consistent with all anti discrimination legislation, including race relations legislation, and as a matter of good practice, local authorities should consider all equalities issues and not just those enshrined in legislation.
• Under Scottish homelessness legislation, all people presenting as homeless have the right to temporary accommodation, and those found to be homeless and in priority need have the right to permanent accommodation. Categories of people in priority need cover households with children, and people whose circumstances make them vulnerable. The Code states that people who have been granted refugee status or humanitarian protection or other leave to remain in the UK may be eligible for homelessness assistance and may well have experienced persecution in their country of origin or severe hardship in their efforts to reach the UK and may be vulnerable as a result and requires that local authorities should give careful consideration to whether such people are vulnerable.
• In addition, local authorities are required by the Scottish homelessness legislation to act strategically in planning their response to homelessness and put in place a homelessness strategy. The Executive has issued statutory guidance on how to develop such strategies which requires that local authorities ensure that equal opportunities are embedded at each stage of the process of preventing and alleviating homelessness.
• IThe Executive published research into the causes of homelessness in minority ethnic communities in Scotland, in 2004. The main findings of this were that incidents of homelessness amongst minority ethnic communities is much higher than for the population as a whole and minority ethnic communities find it very difficult to access appropriate information and help.
• Guidance following on from the research into minority ethnic communities will be commissioned - to help local authorities plan and shape their services in response to the findings of this research.

Social Housing Strategy & Finance

Strategic planning for accommodation needs of Gypsies/Travellers

7.49 The Department now requires councils to consider the accommodation needs of Gypsies/Travellers in their Local Housing Strategies. The Housing (Scotland) Act 2001 (Section 89) requires councils to prepare Local Housing Strategies and in so doing address equality issues and report on how these have been taken into account section 106. The guidance on Local Housing Strategy preparation lists Gypsies/Travellers as one of the groups whose accommodation needs should be covered in the Local Housing Strategy.

7.50 The first ever Local Housing Strategies were submitted to Communities Scotland by April 2004. Many councils identified a requirement to do more work to assess the needs of Gypsies/Travellers in their areas and were setting up or involved in local multi-agency working groups to begin this process. As part of the continuous improvement of LHS, local authorities were asked to submit LHS updates to Communities Scotland by 1 July 2005. In the autumn of 2005 Communities Scotland started meeting with councils to monitor progress against action plans; these meetings involve stressing to councils the importance of making progress on Gypsy/Traveller accommodation needs and pointing out where the work undertaken to date is insufficient or inappropriate. This monitoring of LHS will continue on an annual basis.

Funding for local authority sites for Gypsies/Travellers

7.51 New funding for local authority Gypsy/Traveller sites, amounting to £3m over the 3 years 2005-6 to 2007-8, was announced in June 2005. In submitting applications for this funding, councils are required to consult site residents and to make a local contribution to the cost of the work (the Executive contributes 75% of the cost). Councils have already been awarded funds for 2005-06 for improving/refurbishing existing sites; funding in 2006-7 and 2007-8 will be available for both existing and new sites.

Guidance on unauthorised encampments of Gypsies/Travellers

7.52 The Executive published guidance on managing unauthorised encampments of Gypsies/Travellers at the end on 2004; this advises councils on the preparation of strategies which aim to strike an appropriate balance between the needs of Gypsies/Travellers and the settled community in managing encampments. The guidance was the subject of widespread consultation - for example it was sent to Gypsies/Travellers on council sites for their views. The Executive acknowledges the CRE view that the guidelines need to be seen in a wider context.

Planning

7.53 In February 2003, we published Scottish Planning Policy 3: Planning for Housing. It noted that planning authorities should continue to play a role through development plans, by identifying suitable locations for Gypsies/Travellers' sites where need is demonstrated, and setting out policies for dealing with applications for small privately-owned sites. We are continuing to work with Gypsy/Traveller communities and their representatives together with our public sector partners to develop policies to eliminate discrimination and prejudice.

7.54 The Executive is looking to build up existing mechanisms for public involvement. Through its funding of Planning Aid for Scotland, a range of planning information and advice leaflets have been prepared in community languages.

7.55 The 2003 Partnership Agreement states that: "We will improve the planning system to strengthen involvement of communities, speed up decisions, reflect local views better, and allow quicker investment decisions". In June 2005, the Executive published its proposals to fulfil this commitment in Modernising the Planning System. The Executive is looking to see a modernised planning system which is inclusive, fair, transparent and more equitable giving local people better opportunities to influence the decisions which affect them and their communities.

7.56 Planning Division has put in place a lead official at Head of Division level to coordinate race equality issues.

Education Department (ED)

Benefits of Race Equality

7.57 Scottish Executive Education Department is responsible for administering policy, driving change and securing delivery in relation to pre-school and school education; children and young people; and tourism, culture and sport.

7.58 The overarching aims of the Department are :

• to give every child and young person the best possible start in life, through delivering the National Priorities in Education and Closing the Gap for those who are not sharing the general level of attainment and wellbeing; and
• to enhance everyone's quality of life in Scotland through widening participation in sport and culture, building a successful and sustainable tourism and creative industries sector, to grow the Scottish economy, creating jobs and opportunities.

7.59 In order to achieve these aims, the Department works to ensure that every child or young person is able to develop to their fullest potential, and grow-up learning to live and actively participate in a multi-cultural inclusive society. Promoting equality and raising awareness of race equality amongst our young people is a key part of this development process, and therefore an important component of Education Department's work.

7.60 The Department is currently taking forward seven inter-linked long-term projects with the overarching aim of promoting equality within education and tackling discrimination. Although not constituting all of the Department's race equality work, the projects will be a central focus for the next few years, impacting on issues such as school staff development on equality; mainstreaming within the curriculum; reporting of racist incidents; and Education Authorities and schools duties under the RR(A)A.

7.61 The priority the Department attaches to race equality and the work we have taken forward has provided a number of benefits. As well as ensuring that some of our policies actively promote equality and none are indirectly discriminatory, we have improved consultation methods and established better targeted policies. In working towards meeting the requirements of the Race Relations (Amendment) Act 2000, policy officials in the Department have expressed more awareness of issues relating to certain groups, and highlighted the subsequent positive impact on their policy-making.

Key Achievements

7.62 Since the launch of the Scottish Executive's Race Equality Scheme in November 2002, there has been substantial work ongoing within the Education Department. The following indicates what we consider to be some of our key achievements to date:

• The National Priorities in Education provide strategic direction for the Scottish education system within the framework for improvement, created by the Standards in Scotland's Schools etc Act 2000. Promoting race equality supports improvements in all five Priorities, with most direct relevance to National Priority 3, Inclusion and Equality. HMIe inspections evaluate the quality of the school's approaches to Inclusion and Equality. Local authorities have a statutory duty to produce improvement plans which outline how they are meeting the National Priorities.
• The Department has created a code of practice and fund an Inclusion website through Learning Teaching Scotland to support the implementation of the Education (Additional Support for Learning) (Scotland) Act 2004 - an Act which relates to the general duty to promote equality of opportunity.
• The Department has provided funding to the Centre for Education for Racial Equality in Scotland (CERES) in order to provide support to schools and Education Authorities in taking forward their duties under RR(A)A. CERES ran a series of seminars for key education officials; established and maintained a network group of Education Authority Race Equality officers; and produced a web-based Anti-Racist Toolkit to support teachers' delivery of anti-racist education
• We have a number of initiatives in place to improve all parents' involvement in their children's education. We sought the views of parents on improving parental involvement in education, specifically seeking the views of minority ethnic, asylum seeker/refugee and Gypsy/Traveller parents. Also our parental leaflets series Making a Difference has been translated into 6 community languages.
• We have established successful systems for the collection and dissemination of educational data, including information on attainment, attendance, and exclusions. This data is linked to pupil characteristics, including ethnicity, and contributes to effective development, implementation and monitoring of policy, at both national and local levels.
• There are opportunities throughout the school curriculum for teachers to take forward education on anti-discrimination. For example, the current 5-14 guidelines for Religious and Moral Education encourage multicultural awareness, and a discussion of relationships and moral values. The framework which has been established for A Curriculum for Excellence will continue to ensure that young people have the opportunity to be responsible citizens, with respect for others and an understanding of different beliefs and cultures.
• The ongoing National Review of the Early Years and Childcare Workforce acknowledges Scotland's changing demographics, and the fact that employers will need to continue to attract workers from minority ethnic communities, as well as other under represented groups.
• We work with the Scottish Youth Parliament to mainstream ethnicity, rural areas, disability and cultural awareness, and to provide universal opportunity and access for young people. For example, we have completed a pilot of e-voting as one method of taking this forward.
• We have worked through our cultural Non-Departmental Parliamentary Bodies to make cultural diversity integral to their operations. In particular, we have had an impact on the arts funding system, operated by the Scottish Arts Council. Our museums and galleries have undertaken a range of activities to respond to the needs of minority ethnic and cultural communities, and improve access to learning for all.
• We have established a research network to collect and share data across cultural functions and improve the evidence base for future cultural policy, particularly in relation to participation by under-represented groups.
• sportscotland is joint signatory to the UK Equity Standard for Sport, a framework to guide sports and community organisations towards achieving equity and is taking steps to increase equity and diversity in its own organisation and services as well as supporting key partners
• We work with the SE Equality Unit, the Scottish Football Association, the Scottish Professional Footballers' Association and other bodies in supporting the 'Show Racism the Red Card' campaign in Scotland.

Processes

7.63 There are key processes now in place which help to support the Education Department in achieving our statutory duties. Some examples are:

• we have considered it a priority to ensure that all staff in the Department understand equality issues, and how, in particular, race equality affects each member of staff and their area of work.
• as outlined above, we have now established successful systems for the collection and dissemination of educational data, including information on attainment, attendance, and exclusions. This data allows effective development and implementation, and monitoring of policy, at both national and local levels.
• work is being taken forward by an independent contractor that will provide us with information on the impact of the Department's previous equality work; how we can better assess and monitor the impact of our current equality work; and suggestions of areas where we may wish to develop policy in the future.

The Future

7.64 In taking forward work over the next three years, we hope to

• be considered and seen to be doing all we can to promote race equality in the area of education, in terms of policy development and policy impact.
• encourage more of our partners to do more where possible to actively promote race equality.
• see a positive impact on the attitudes and perceptions of children and young people in Scotland, and on the services which we and our partners provide.
• support social inclusion by ensuring the widest possible involvement in cultural, social and sporting opportunities.

Enterprise, Transport and Lifelong Learning Department (ETLLD)

7.65 The Enterprise, Transport and Lifelong Learning Department (ETLLD) aims to support Ministers in the delivery of the Executive's top priority to grow the Scottish Economy. It does so mainly by supporting business, encouraging enterprise, improving skills and employability, and ensuring that our transport systems and infrastructure are fit for purpose. Our strategic priorities are to:

• support growth and improve productivity throughout the economy;
• support an aspiring, ambitious, and enterprising business and learning culture;
• make Scotland an attractive place in which to live, work, learn, and do business;
• connect Scotland at home and abroad;
• Close the Opportunity Gap; and
• deliver efficient and effective public services

7.66 We recognise the importance and relevance of race equality in our work. The Department is committed to ensuring that our policies are free from potential discrimination and that we actively promote equality of opportunity and good race relations through our policy development and day to day work.

7.67 To give race equality work appropriate focus, the Head of Department appointed a Race Equality Officer at Senior Civil Service level. The Race Equality Officer supports him in ensuring that ETLLD staff are aware of their responsibilities under the Race Relations (Amendment) Act and that race equality becomes an integral part of the policy making cycle. We are committed to ensuring that Race Equality Impact Assessments (REIA) are routinely carried out in the course of the policy making cycle. A number of staff have received training on this process and are assisting in race equality work by cascading their knowledge to others.

7.68 A number of policies have already been subject to REIA. Over the coming three years, race equality will be further embedded into day to day work. Assessing policies for relevance to and impact on race equality will be an integral part of the policy development process. We will strengthen our links with organisations that represent minority ethnic groups and individuals likely to be affected by our policies through regular dialogue and meaningful consultations.

7.69 Since our last scheme was published in 2002, we have taken action in all of our policy areas to promote equality of opportunity and eliminate discrimination. The following paragraphs provide a summary of key areas in ETLLD where we have taken forward initiatives with race equality at their heart.

Enterprise

7.70 Scotland's enterprise strategy is set out in Smart Successful Scotland (SSS), originally published in 2001 as the strategic direction to the Enterprise Networks. SSS was refreshed during 2004 and recognises the importance of equal opportunities through prioritising this as one of its cross cutting themes. We must address the imbalances that exist between certain groups, including minority ethnic groups. If the Scottish economy is to grow we must maximise our talent pool, and allow our citizens to contribute fully to economic growth, through creating an open, fair, inclusive and diverse society.

7.71 A full REIA was carried out on the refresh of SSS and will be available on the Executive's website shortly. It recognises the importance of promoting equality of opportunity across all groups in delivering SSS. We will continue to engage with Scottish Enterprise and Highlands and Islands Enterprise to take forward SSS, and the REIA of SSS will be an important contribution to our work.

7.72 For example, Scottish Enterprise and Highlands and Islands Enterprise monitor business start-ups directly assisted by the Enterprise Networks and the use of services such as Business Gateway, in the Scottish Enterprise area, by the minority ethnic business community. A Scottish Enterprise led Minority Ethnic Business Conference held in February 2005 provided a useful opportunity to encourage more minority ethnic business start-ups and greater use of services such as Business Gateway. The event was co-sponsored by the Executive and confirmed the strategic commitment to growth within this sector, both start-ups and growing existing businesses.

7.73 A REIA has been completed for the establishment of the Co-operative Development Agency which was published on the Executive's website in October 2005.

7.74 Our SMART and SPUR schemes have successfully attracted a high proportion of applications involving people from minority ethnic communities, including well qualified graduates who play a key role in contributing to the success of their businesses. We wish to extend our engagement with minority ethnic groups to stimulate demand for SMART and SPUR, and are developing case studies involving them, which we plan to promote widely to stimulate demand. We shall build on existing work and shall target minority ethnic groups to encourage take up of SMART and SPUR grants. This will raise awareness and create opportunities.

7.75 There have been a number of initiatives to improve awareness of Regional Selective Assistance (RSA). This includes a new openness policy and development of closer working relationships with the Local Enterprise Companies and other delivery partners to raise awareness of RSA and present a joined up face to business. Marketing materials have been refreshed and the web site updated. Streamlined arrangements were also introduced for cases involving smaller grants, which have resulted in improved processing times. We are committed to encouraging RSA applications from all groups and seek to achieve a diversity of applicants.

7.76 European Social Funds have been used for initiatives to eliminate race discrimination and promote equality of opportunity. For example, the Equal Programme supports innovative ways of tackling barriers to participation in the labour market. Equal has 7 Themes under which collaborative Partnerships are developed, all of which contribute to achieving race equality in a variety of contexts. One Theme (B) is specifically tailored to combating racism and discrimination in relation to the world of work. Some of the activities which occurred in the first round of the programme in relation to Theme B included:

• Digital Media products to employ specific minority ethnic groups
• Research into the barriers which prevent specific minority ethnic groups taking up mainstream courses and training programmes
• Improving employment prospects of refugees by offering work-placements training, mentoring and English for Speakers of Other Languages (ESOL)
• Sharing good practice in supporting entrepreneurs from ethnic minorities
• New models for providing finance to BME entrepreneurs

7.77 These have all highlighted and raised the profile of the issues and barriers facing minority ethnic communities, and have led to the development of various innovative approaches to bridge them.

Transport

7.78 Ensuring that everyone in Scotland has access to good transport links is key to delivering a transport system which both grows the economy and benefits our communities. The Transport (Scotland) Act 2005 places a duty on the proposed Regional Transport Partnerships (RTPs) to draw up regional transport strategies that must, amongst other things, include provision to encourage equal opportunities and observe equal opportunities requirements.

7.79 The re-letting of the Scotrail Franchise in 2004 provided the opportunity to contribute to race equality through employment practice. The Franchise puts an obligation on the franchisee to have in place an objective, transparent and fair recruitment process. The franchisee is required to report to the Scottish Executive an analysis of employment and recruitment data by various factors including ethnic category. There is a further requirement on the franchisee to have and to implement a diversity plan and to track its impact.

7.80 The National Transport Strategy (NTS), due for publication in 2006, will provide a long-term strategic framework for all Scottish transport developments in all modes of transport. We are consulting key stakeholders, and shall undertake a REIA of the Strategy, with advice from the CRE on how best to take this forward.

Lifelong Learning

7.81 One of the key commitments in our lifelong learning strategy is that everyone should have the chance to learn regardless of background or current personal circumstances. ETLLD has policy responsibility for ensuring that the people have access to further or higher education, student support, training for work, and lifelong learning generally.

7.82 The Executive's Employability Framework will aim to improve employability of all those who are disadvantaged in the labour market - including, but not confined to, people from minority ethnic groups. The Framework is a developing policy and will be subject to a full Race Equality Impact Assessment.

7.83 In developing our policy on union-led learning, ETLLD has placed equality of opportunity at its heart. Unions have been explicitly encouraged to address the needs of workers from minority ethnic groups. The criteria guiding the use of the Scottish Union Learning Fund states that we wish to address the needs of a wide range of workers, with particular focus on disabled workers, older workers, part-time workers and workers from minority ethnic groups.

7.84 A key role for the Department is to support through funding the provision of high quality further and higher education and training in our universities and colleges. We wish Scotland's further and higher education system to support economic growth by delivering skilled, work-ready individuals and by offering lifelong learning opportunities to all.

7.85 Our widening access aim is to break down barriers to participation faced by certain groups and seeks to ensure that further and higher education is accessible to all. Ministerial strategic guidance to the new Scottish Funding Council has highlighted the need to ensure that students from minority ethnic groups and others have opportunities to participate in learning, either through outreach work where practicable or in institutions. The Funding Council will establish a Scottish Equalities Unit to give a renewed focus to all equality issues in further and higher education.

7.86 Following the dispersal of asylum seekers and refugees in the Glasgow area, the further education sector saw increased demand for English language provision. We responded positively to the sector's request for support and Ministers made additional resources available so that more ESOL provision could be delivered.

7.87 We have also have taken steps to develop a coherent ESOL strategy to ensure that asylum seekers, refugees and migrant workers have access to high quality ESOL provision in Scotland. This will enhance their labour market prospects, assist with integration into Scottish society and contribute to economic growth.

7.88 We also support the promotion of Scottish Higher Education overseas, to attract overseas students to study for Scottish qualifications either in Scotland or in their home country. We are for example working closely with the further and higher education sectors to develop links with China and India and to promote Scottish qualifications. This work, alongside the attraction of greater numbers of international students to Scotland will have important trade and economic benefits for Scotland, and links well with the Fresh Talent Initiative, which aims to attract and retain skilled individuals to address potential demographic problems in future years. Among other things, this initiative encourages and supports people from other countries wishing to settle in Scotland.

7.89 Through our student support policies we provide financial assistance to those studying in schools, colleges and universities. Through Individual Learning Accounts we seek to encourage people from all groups to update their skills. Inclusion and accessibility are key drivers and policies aim to reduce the financial barriers that arise from low income or because of particular needs. The policies are delivered through targeted programmes, with eligibility based on residence and income. No individual is discriminated against on the basis of race.

7.90 Our 2004 review of Funding for Learners policies and programmes highlighted the need for equity within our policies in relation to individual circumstances and for improved accessibility to information, advice and guidance by non-traditional learners. Consequently, extensive work has been carried out to promote more effective dissemination of information to target non traditional learners.

Conclusion

7.91 Over the next three years, we will build on our achievements and will further embed race equality in all aspects of our work. We will continue to develop links with people from minority ethnic groups and those who represent them to ensure that we maximise our potential for eliminating discrimination, and promoting equality of opportunity and good relations .

Environment and Rural Affairs Department (ERAD)

7.92 Within the Scottish Executive aims, the Environment and Rural Affairs Department focuses on priorities so that:

• people will be healthier;
• rural communities will thrive; and
• future generations will also enjoy our natural environment.

7.93 In particular that means that the Department works towards the following outcomes:

1. clean air to breathe;
2. safe water to drink;
3. all kinds of waste (including nuclear) reduced and disposed of sensibly;
4. homes protected from flooding and other environmental hazards;
5. people fitter and refreshed by access to greenspace;
6. agriculture, forestry and fisheries businesses contributing to local economies, supported by processing and retail sectors;
7. rural enterprise benefiting from farm diversification;
8. tourism businesses profiting from well maintained landscapes and Scottish food produce;
9. rural services accessible to those who need them;
10. biodiversity stabilised;
11. marine and natural resources conserved;
12. river basin ecosystems free of unacceptable pollution; and
13. Scotland contributing to a more stable climate.

The work of the Department and its impact on race equality

7.94 The Department's work impacts on people from all of Scotland's communities regardless of their ethnic or cultural background, and in all its activities the Department aims to ensure fair and equal treatment for all customers. We have set out below some of the work being taken forward to promote equality.

7.95 We undertook an equality impact assessment in setting our rural Closing the Opportunity Gap target of improving access to and delivery of key services in remote and disadvantaged communities; and equality issues have been taken into account in taking forward related research and discussions on implementation arrangements - for example by ensuring representative participation in research and, for group work, minority ethnic input and the availability, where appropriate, of Gaelic speaking translators and facilitators. The CtOG research is also due to be translated into Gaelic (as have been some documents or parts of documents produced by the likes of the Crofters Commission and Deer Commission Scotland). We support the Scottish Council for Voluntary Organisations, which acts as a lead partner in the Highlands and Island Equality Forum, with equality proofing a contractual obligation in return for Departmental funding support.

7.96 Our Horticultural & Marketing staff have contact and interact with customers for whom English is not their first language on a fairly regular basis, and we produce retail guidance material in different languages - Hindi, Urdu etc for distribution to traders. To combat any language barriers an interpreter is engaged as required, or staff will make an appointment to return when an English speaker is available. Staff plan visits to avoid any conflict with religious dates, ceremonies etc. In potential prosecution cases an interpreter is always taken along.

7.97 The agricultural subsidy appeals process allows for a choice of written or oral appeals, thereby catering for those who may not feel comfortable with face to face dialogue (whether due to race, education, health or any other factor) to opt for written, and those who feel that they really want to have a chance to have their say in person to opt for oral. Appeals can be submitted by an agent rather than the claimant themselves. For oral appeals, representation by an agent or A.N Other or bringing a friend (or union rep) along is possible. So someone who did not speak English could make their own arrangements to bring someone they trust who does speak English. We allow choice of English or Gaelic as the spoken language for the open part of the session, and have a source of translators (for this and other languages) for such an occasion. We have also set up a formal complaints procedure for those who are dissatisfied with our standard of service. This can include allegations of bias on racial grounds.

7.98 On aquaculture we pay special attention to the inward investors (now the majority of the industry) by addressing their policy needs (different to indigenous needs); ensuring they have regular access to Ministers and, although they are invariably Europeans, English is not their first language. At large gatherings/meetings we have considered use of simultaneous interpretation.

7.99 A key theme of the Scottish Biodiversity strategy is to raise public awareness and reinforce the link between people and biodiversity and we have a specific objective 'to increase awareness, understanding and enjoyment of biodiversity, and engage many more people in conservation and enhancement'. To make biodiversity a core value in Scottish culture we recognise that our policies must take account of the many cultures in Scotland and the strategy implementation plans (in particular but not exclusively the urban plan) contain a raft of actions which are about engaging with communities and offering educational and volunteering opportunities across the board. These actions are being delivered by a variety of stakeholder groups including Greenspace Scotland, British Trust for Conservation Volunteers (BTCV), Scottish Wildlife Trust (SWT), as well as Scottish Natural Heritage (SNH) and ourselves.

7.100 The implementation plans also contain the specific action below, which SNH are leading on:

7.101 We provide funding to the BTCV Urban Biodiversity project, 2003-06: with total grant of £233,300 offered over three years, including additional allocations in 2003-04 and 2004-05, to raise awareness of biodiversity and carry out practical improvements in disadvantaged urban areas throughout Scotland. BTCV Scotland has also been working with other environmental partners to make their activities more ethnically diverse. For example, in partnership with the National Trust for Scotland and the John Muir Award, BTCV Scotland pioneered an approach that helps new arrivals integrate into Scotland's culture and landscape. BTCV Scotland volunteers from Algeria, Albania, Bangladesh, Russia, Scotland, Somalia and Zimbabwe set sail to Arran to get involved in a variety of activities including conservation work, hill walking, and environmental discussions, gaining a greater understanding of their respective backgrounds, beliefs and Scotland's environment.

7.102 We provide core sponsorship to the organisation, Keep Scotland Beautiful (KSB) who run a number of anti-litter campaigns and initiatives across Scotland. We work with KSB to ensure that anti-litter/fly-tipping publicity material is available in minority languages should such requests be received from community groups or other organisations with ethnic minority links.

7.103 We also fund the Scottish Waste Awareness Group (SWAG) to develop waste awareness campaigns which are delivered throughout Scotland in partnership with local authorities and the community sector. SWAG has developed guidance on communicating the waste awareness message to various minority ethnic groups. We have provided additional funding to the Community Recycling Network for Scotland (CRNS) to work with the Black Environment Network (BEN) to promote opportunities for waste reduction, recycling and reuse amongst minority ethnic communities.

Finance and Central Services Department (FCSD)

7.104 The Finance and Central Services Department ( FCSD) supports the Finance and Public Service Reform ( FPSR) Ministerial Portfolio and is wide-ranging in the areas it covers including international, communications, finance, public service reform and efficient government.

7.105 Highlighted below are some key achievements over the last three years:

7.106 Everyone living in Scotland should receive the best service possible from local authorities and other public bodies.

7.107 It is vital that the decisions taken by public bodies benefit from as diverse a range of experience as possible.

7.108 We need bright talented hard working people who can make a positive contribution to the Scottish economy. We also want to benefit from diversity - new ideas, new blood, new ways of thinking.

7.109 To procure the best services, suppliers need to be selected solely on the basis of ability to perform the requirement.

7.110 Over the next three years, we will build on the progress that has already been made to ensure that race equality is fully embedded within all stages of policy development.

Health Department (HD)

7.111 The core functions of the Health Department are to improve the health and wellbeing of the people of Scotland, and to improve the health services that are available. The Health Department must guide and support NHSScotland towards its vision of a health and community care system which provides patient-centred and responsive services by working with patients and users in the design and delivery of care. A commitment to race equality is integral to this vision.

7.112 The promotion of race equality and the elimination of race discrimination has been integrated into a number of priority policies within the Health Department over the past three years and significant developments have taken place around coronary heart disease and diabetes - areas in which we know minority ethnic groups are affected disproportionately - and, in improving access to health services, specifically mental health services, primary care and screening.

7.113 The then Head of the Health Department and Chief Executive of NHSScotland signed up to the Commission for Racial Equality's Leadership Challenge in 2001. There is a key challenge to continue to take personal and organisational responsibility for delivering the requirements of the Race Relations (Amendment) Act. The Department recognises committed and effective leadership as crucial, working in partnership with the directors of Scotland's equality commissions. Their support is also crucial to the work of the Health Department's Equalities Forum. This brings together a number of key players to shape the vision for, and support the delivery of, equality and diversity as part of the overall patient focus and public involvement approach.

7.114 The Department and the NHS have made continuing progress towards meeting the targets as set out in the Fair for All guidance in 2002 and in seeking to meet the spirit, as well as the requirements, of race equality legislation. These targets relate to:

• Energising the organisation;
• Demographic profile;
• Access and service delivery;
• Human resources; and
• Community development.

7.115 The Department's race equality approach needs to become a part of its working culture and should be integral to effective and consistent policy making, developed in consultation with the people that it affects.

7.116 In March 2005 the Department launched an equality and diversity impact assessment toolkit to the NHS, and it will also be applied to the development of policy across the Department. This is a strategic document which is intended to support the consideration of equality and diversity issues in the design, development and delivery of policies and services. It should be applied during the planning process of new, or the redesign of existing, policies, functions or services.

7.117 The toolkit will support the creation of needs-led, patient-focused services and collaborative working across the Health Department and NHS Boards, with community planning partners, voluntary and community organisations and patients, carers and members of the public. Race equality is a key feature of the legislative and policy framework within which the toolkit operates. Training and support in applying the toolkit and in integrating it into the practice of all staff is taking place across the country.

7.118 The Department continues to support the National Resource Centre for Ethnic Minority Health as a lead organisation to provide leadership, expertise and information to the NHS and the Health Department in progressing race equality. As well as offering targeted support in the development and implementation of NHS Boards' race equality schemes, the centre works as a catalyst and facilitator for change within the NHS in conjunction with a range of partners. It works closely with the Department to identify the priorities and to ensure that race equality is built in from the planning stages of policy and service delivery.

7.119 Significant outcomes over the past year include:

• the appointment of a Mental Health and Wellbeing Project Manager, funded from the Department's National Programme for Improving Mental Health and Wellbeing;
• the development of a Patient Record of Personal Health for Gypsy/Traveller communities in partnership with the Department's Health Improvement Directorate;
• a report on the prevalence of type 2 diabetes in minority ethnic groups in Scotland, with materials and resources available for such groups, developed with the Department and the Scottish Diabetes Group; and,
• the publication of a resource pack for health professionals dealing with asylum seekers and refugees.

7.120 The centre continues to forge links with community and voluntary sector groups across Scotland and beyond, and has established itself as a valuable resource for the Department and NHSScotland.

7.121 The importance of equality and diversity is increasingly being recognised in the design and delivery of public services in Scotland and this is reflected in health legislation. The NHS Reform (Scotland) Act 2004 creates a new duty directly on the NHS to encourage equal opportunities in all that it does. The Act also creates a new emphasis on staff governance, putting it on an equal footing with clinical and financial governance.

7.122 The staff governance standard requires NHS employers to ensure that staff are appropriately trained, well informed, involved in decisions that affect them, treated fairly and consistently, and provided with an improved and safe working environment. These five pillars provide a framework for NHSScotland employers to progress with the race equality agenda. It is important that NHSScotland is able to offer a safe and welcoming working environment to a diverse range of staff The NHS will only be able to improve the health and wellbeing of the people of Scotland if staff are reflective of the communities which they serve and understand their different needs.

7.123 The Diversity Task Force was established in April 2004 to help promote race equality through the workforce. The Task Force has membership drawn from across NHSScotland, trades unions and professional bodies and the wider public sector. Work to date has included a national campaign featuring NHSScotland staff to raise awareness of equality and diversity in the workplace and demonstrate that a diverse workforce benefits patient care.

7.124 The Department must consider creative ways of engaging with all parts of the public to ensure that it is genuinely in touch with what communities need and ensure that information is accessible and relevant. It will share knowledge and good practice with colleagues from England, Wales and Northern Ireland to ensure that our health and community care policies and services evolve and improve to meet the needs of all patients, carers, and staff. The Department is committed to ensure that the Race Equality Scheme is a key part of its forward planning arrangements and central to better policy making. The Head of Department and Chief Executive will take a personal interest in monitoring the implementation of the Scheme, with a focus on addressing health inequalities and discrimination and on outcomes.

Justice Department (JD)

7.125 The Justice Department is firmly committed to the elimination of all forms of racism and to the development of policies which address race discrimination, intolerance and violence. The Justice Department has responsibility for police, fire, emergency planning, criminal justice social work services; criminal justice policy; civil law matters; access to justice and civil justice matters; European co-operation on Justice and Home Affairs issues; prisons, and the administration of the supreme and sheriff courts. The Scottish Prison Service and the Scottish Court Service are Executive Agencies of the Department.

7.126 The Department will support stronger, safer communities by

• targeting the causes of crime
• tackling crime directly
• reducing re-offending
• reforming the courts and the legal system
• modernising the law for a modern society

7.127 The Department's responsibilities for police and criminal justice cover issues raised by the Lawrence Inquiry Report which require to be addressed as they affect Scotland. Its discharge of its responsibilities for criminal and civil justice policy has to be informed by the need for fairness, transparency, impartiality and respect for diversity in society, so that all sections of the community are treated fairly and are given equality of opportunity under legal process.

7.128 Section 74 of the Criminal Justice (Scotland) Act 2003 made provision for offences aggravated by religious hatred. This obliges the court to take religious aggravation into account when determining the sentence for a crime, and to state openly where it is giving "extra" punishment because of the aggravation. This will help to provide a baseline for assessing the incidence of religious aggravation which, although previously covered by the common law of Scotland, was arguably not highlighted by the court and could not be measured. The provision sends a clear signal that religious prejudice will not to be tolerated in modern Scotland.

7.129 In June 2004 the CRE and HM Inspectorate of Constabulary in Scotland (HMIC) agreed the terms of a Memorandum of Understanding for future co-operation and collaboration. It takes particular account of the duty to promote race equality imposed on public authorities by the Race Relations (Amendment) Act, and the linked specific duties of the "Framework for Inspectorates on the Duty to Promote Race Equality" published by the CRE.

7.130 The CRE and HMIC share the aim of improving the race equality performance of police forces and common police services. This involves the pursuit of: equality of access and equality of outcome for communities and service users, more representative workforces and greater confidence among employees, communities and service users. The Memorandum of Understanding follows the positive relationship that developed in the wake of the work of the Lawrence Steering Group in Scotland.

7.131 The Justice Department supports SEMPERscotland. SEMPERscotland is an independent charitable organisation, established in 2003 and publicly inaugurated in 2004, to primarily provide a support network for minority ethnic employees of police forces. The organisation is run by an Executive Committee made up of members of staff from various ranks and levels within the Service, who are committed to promoting wider understanding of the needs of minority ethnic employees and their contribution to the overall success of the Scottish Police Service.

7.132 In September 2004 CRE Scotland, with the support of the Scottish 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 and affected public confidence in the police in England and Wales.

7.133 The report concluded that all Scottish forces had met their legal obligations and there was a clear commitment to maximising public confidence and enhancing community relations. The Justice Department believe that the research will create a context in which good practice in the Police Service can continue to grow and community confidence in the police can be increased.

7.134 The Justice Department also recognises that Fire and Rescue Authorities' most valuable resource in the delivery of the new prevention and intervention agenda is the workforce. The Department has made clear its intention to open up the service so that it is more representative of the communities it serves. Appointment to the Service was for many years specified in statutory regulations providing for a single point of entry and inflexible arrangements for the accelerated promotion of talented staff. The statutory Appointment and Promotion Regulations fell with the commencement of the Fire (Scotland) Act 2005.

7.135 HM Fire Service Inspectorate has also appointed a Diversity and Cultural Change Advisor to assist the Fire and Rescue Service in making progress on a whole range of diversity issues.

7.136 It is critical that the issues of equality and diversity become part of domestic law. The Antisocial Behaviour etc. (Scotland) Act 2004, which came into force on October 2004, provides a duty directly on any person discharging a function by virtue of this Act in a manner that encourages equal opportunity and in particular the observance of equal opportunity requirements.

7.137 The Female Genital Mutilation (Scotland) Act 2005 will help to prevent a form of violence against women that is prevalent in some minority ethnic groups. It makes it unlawful to arrange for any girl to be taken out of the country to be mutilated, regardless of her nationality and immigration status. The Justice Department has provided fact sheets in 6 languages and supported the Scottish Refugee Council, NHS Greater Glasgow and community groups in their work about female genital mutilation. The Act has raised awareness of female genital mutilation in Scotland and the Department has sent information about female genital mutilation and the new law to the police, health professionals, education professionals and social and community workers. As well as making sure that any suspected cases are dealt with appropriately, this will also give professionals the guidance they need to be able to provide a sensitive service to women who have undergone female genital mutilation.

7.138 The Justice Department is also actively considering a number of issues in relation to the recording of information on ethnicity in different parts of the criminal justice system in Scotland. This will include consideration of the requirements for statistics on this topic, such as those that might feed into future editions of the Section 306 (of the Criminal Procedure (Scotland) Act 1995) publication Costs, Sentencing Profiles and the Scottish Criminal Justice System.

7.139 The Justice Department is also in the process of implementing an improved collection of information on racist incidents reported to the police. This improved collection will give more detailed information of the type of crime/offence involved; or if a racist incident does not lead to the recording of a crime/offence; and the ethnic origins of those involved. The information will also show whether, if a crime/offence was recorded, if it was also detected.

7.140 The Justice Department is leading the development of a revised standard prosecution report. Accordingly, all agencies with the authority to report crimes or offences to Procurators Fiscal will be required to provide information on the needs of accused persons, victims or witnesses, including ethnic origin, spoken and written language. This information will be passed to other Criminal Justice Agencies with a need to know ( e.g. court service, prison service).

7.141 The Scottish Prison Service (SPS) is also committed to race equality and to the elimination of discrimination in all aspects of its work. The SPS is aware that creating the right conditions for genuine positive improvements within the organisation in relation to race equality will take further time and effort. Its key priorities and functions as outlined in its revised Race Equality Scheme will ensure that good race relations remains at the centre of its service delivery.

7.142 The SPS monitors ethnicity of prisoners through the Race Relations Liaison and Monitoring Group (RRLMG). The Group has representation from SPS Headquarters, Prisons, the Commission for Racial Equality, West of Scotland Racial Equality Council and an external Academic. Racist incidents, trends and policy are reviewed by the RRMLG on behalf of the SPS Board. The RRLMG also recommend and implement positive action initiatives and best practice. Significant service delivery improvements include:

• The implementation of a 24 hours per day interpreting service for non-English speaking prisoners;
• The creation of dedicated race relations budgets within HQ and every prison;
• An international telephone scheme for foreign national prisoners who can telephone home at state expense;
• A consultation exercise on the new SPS Cell Sharing Risk Assessment with staff, prisoners and external minority ethnic communities was carried out prior to its implementation. This also introduced our new internet and intranet sites for communication and consultation purposes.

7.143 As part of the annual Prisoner Survey, a specific questionnaire is provided to minority ethnic prisoners. A number of prisoner focus groups are then held to provide more in depth information on the findings of the Ethnic Minority Survey. The Race Relations Liaison and Monitoring Group then implements any required action as a result.

7.144 In October 2005 the Executive introduced the Scottish Commissioner for Human Rights Bill. The Commissioner's remit will cover human rights in relation to issues that have been devolved to the Scottish authorities and its functions will include general promotion and awareness-raising; providing guidance and expert advice to public authorities; and undertaking generic or sectoral investigations. The Deputy Minister for Education and Young People will be responsible for taking the Bill through Parliament, but it is a Justice Department commitment and the Bill team is situated in Civil Law Division.

Legal and Parliamentary Services Department (LPS)

7.145 Legal and Parliamentary Services, which was formed in March 2002, brings together four commands:

• The Office of the Solicitor to the Scottish Executive (OSSE),
• The Office of the Scottish Parliamentary Counsel (OSPC),
• The Legal Secretariat to the Lord Advocate (LSLA),
• Constitution and Parliamentary Secretariat (CPS)

7.146 The central purpose of LPS is to support Ministers, and in particular the Law Officers and Ministers for Parliamentary Business, across the range of their legal and Parliamentary responsibilities. Key functions include:

• the preparation of primary and subordinate legislation;
• the provision of legal advice and services to Ministers and Departments;
• overall management of the Executive's legislative programme, and co-ordination of that programme with the UK Government's legislation;
• central management of the relationship between the Executive and the Scottish Parliament;
• the development of Open Government across the Scottish public sector, and improvements in public record and archives policy;
• development of policy on civic participation.

7.147 Much of the Department's work consists of the provision of legal services and advice to Ministers and the Executive on legal and constitutional issues. Although this sometimes impacts directly on race equality issues, and this requires ongoing sensitivity and awareness, responsibility for action generally lies with line Departments. Therefore, the key achievements of the Department relate mainly to management of the Executive's legislative programme and the development of a statutory freedom of information regime, i.e.:

• in conjunction with Equality Unit, produced updated guidance for Bill Teams on equality provisions, including race equality, in Executive sponsored Bills;
• as a result of consultation with equality groups, equality issues were taken into account in the statutory Code of Practice on the Discharge of Functions by Public Authorities under the Freedom of Information Act.

7.148 For the future, the Department will:

• when providing legal advice and services to departments, continue to support them in meeting their race equality obligations;
• continue to ensure that drafting of legislation takes account of impact on race equality;
• monitor any particular equality issues thrown up by experience of operating FOI;
• in developing civic participation policy, give particular attention to the issue of targeting the "hard to reach", including minority ethnic communities.

Office of the Permanent Secretary (OPS)

7.149 The Office of the Permanent Secretary (OPS) was established to strengthen the Executive's capacity to support the First Minister, the Deputy First Minister and the Cabinet collectively. OPS also provides a range of Corporate Services which enables Departments to provide a service that will make them more effective in delivering Ministerial priorities.

7.150 OPS is made up of:

• The Office of the First Minister
• Ministerial Support Group: Cabinet and Management Group Secretariat, External Support Division, Strategy and Delivery Unit, Private Offices
• Analytical Services Group: The Office of the Chief Researcher, The Office of the Chief Economic Adviser, The Office of the Chief Statistician
• Performance and Innovation Unit
• Change and Corporate Services: Human Resources Division, Communication and Information Systems Division, Facilities and Estates Services, Changing to Deliver Division

7.151 We have outlined, in the introduction to this Scheme, the approach, strategies, action and monitoring arrangements which the Scottish Executive is taking to ensure the implementation of its Diversity Strategy, and the employment monitoring duties imposed under race relations legislation. We have set out below further examples of the work being taken forward in OPS to assist in the promotion of race equality and equality more widely.

Statistics- General

7.152 The Office of the Chief Statistician (OCS) takes the lead role in ensuring that the Statistics group develops its data availability and dissemination of statistics disaggregated by gender, ethnicity, disability and age.

7.153 In 2005/06 the OCS will produce a series of high level analyses for the main equality themes across each of the main policy areas. This will draw together key statistics for each of these areas and will feed into the High Level Summary of Statistics. The High Level Summary was released internally in June 2005 and is structured around key themes identified from the Partnership Agreement and other key policy areas.

7.154 Work continues to provide Scottish National Survey data disaggregated by the main equality themes where the data allows for this and does not compromise acceptable sample sizes and/or disclosure rules/ parameters.

Analysis of Ethnicity in the 2001 Census

7.155 In February 2004 the OCS published an Analysis of Ethnicity in the 2001 Census. The report presents results across the main policy areas covered in the Census analysed by ethnic group. Many of the results confirm previous findings or anecdotal reports. However, some of the information is new and presents insights into areas where data has previously been unavailable. This was not intended to be a definitive analysis of ethnicity, but highlighted some interesting differentials between different ethnic groups across various policy areas including Housing, Employment and Education.

7.156 The OCS, Office of Chief Researcher (OCR), and Equality Unit, in conjunction with CRE Scotland held a seminar on 9 February 2004 to look at the implications of this analysis for research and policy.

7.157 In 2004 OCS, OCR, and the Equality Unit commissioned work on ethnic identity and the Census. The work that has been progressed to date is set out in chapter 3 of the scheme (see Ethnic Identity).

Analysis of Religion in the 2001 Census

7.158 In February 2005 the OCS published the Analysis of Religion in the 2001 Census which provides detailed information from the 2001 Census for each of the main religious groups in Scotland. Analysis has been carried out across the main policy areas (housing, education, labour market and health) to provide detailed profiles of the different faith groups living in Scotland today.

Social Research

7.159 The publication and dissemination strategies employed by Social Researchers have been designed as part of the drive to mainstream equalities. The Mainstreaming Equality Website contains a toolkit to help researchers to consider, incorporate and address equality issues from the very early stages of project design and research specification.

Social Focus on Deprived Areas

7.160 The Social Focus on Deprived Areas was published in September 2005 and provides an analysis of Scotland's deprived areas concentrating on life stage. The analysis extends across Ministerial portfolios and also includes analysis on whether certain minority ethnic groups, faith groups, people with a disability and males or females are over-represented in deprived areas.

Education

7.161 In the past three years the Executive has collected individual-level data on pupils, including their ethnic background and national identity, through the annual pupil census. This allows analysis to be produced of attainment, attendance, exclusions, additional support needs, deprivation indicators, etc by ethnicity. Information on main home language and English as an additional language, and on disability, is also being collected from 2005. The statistics are published on the Executive's website.

Closing the Opportunity Gap

7.162 The Closing the Opportunity Gap targets, which replaced the former social justice milestones, are being updated and analysed.

Labour Force Survey

7.163 OCS is considering with relevant colleagues if and how it might secure a minority ethnic boost to the Labour Forces Survey in Scotland.

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