Race Equality
The Scottish Government requires that contractors will not discriminate within the meaning of the Race Relations legislation and that they take all steps to ensure that staff or sub-contractors working on the contract comply appropriately.
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. In effect, public procurement policy is itself a form of equal opportunities policy, albeit between suppliers.
The failure to comply with the Race Relations legislation may render a supplier ineligible to bid for Scottish Government contracts.
The Race Relations (Amendment) Act 2000 makes it a positive duty of authorities to have due regard to the need to
- eliminate unlawful racial discrimination
- promote equality of opportunity
- promote good race relations
Scottish Government standard terms and conditions contain a clause requiring that contractors will not discriminate within the meaning of the Race Relations legislation and that they take all steps to ensuring that staff or sub-contractors working on the contract comply appropriately.
Particular attention should be made to requirements if procuring:
- a service that would previously have been performed in house
- provision of culturally sensitive goods and services
Standard practice in selecting bidders is to require disclosure of any convictions/offences. Potential bidders who have been the subject of adverse judgements relating to a breach of the Race Relations legislation should be assessed according to circumstances (i.e. taking account of any remedial measures). Before a bidder is excluded on grounds of one or more breaches of race relations legislation, it must be given the opportunity to describe what remedial measures it has taken since the breach(es) and asked to outline its current approach to race relations matters. The Government's equal opportunities unit should then be consulted as to whether the response indicates that the supplier has put its house in order.
Further information: