Race Equality Scheme and impact assessment

Report: 11 - Report not considered by the committee
Date: 16 October 2003
By: Clerk

Summary

The Race Relations (Amendment) Act places a specific responsibility on the MPA as a public authority to carry out an impact assessment on all relevant functions and (formal and informal) policies. The Local Government Equalities Standard and recommendations arising from the GLA “Equalities For All” review also proposes that the MPA should carry out impact assessment. Members are asked to approve the process outlined in this report for receiving the outcomes of these assessment and comment on the way in which it will wish to use the outcomes to inform further overall equalities objectives of the Board.

A. Recommendations

That members:

1. Comment on and agree the direction of the draft guidance attached;
2. Agree the proposal outlined in paragraph 14 for receiving the outcomes of these assessments; and
3. Approve the programme of training that have been arranged

B. Supporting information

RES Year One Status Report

1. The MPA published the first report of its progress against the actions outlined in its Race Equality Scheme on 2 September 2003. Members of the public can access this from the MPA website and copies are being printed in a range of community languages to be posted out to organisations on the MPA Consultation database.

RES External Reference Group

2. The ERG is continuing to prove extremely useful to the MPA and the MPS. In order to support representation from the smaller community and voluntary organisations the MPA and MPS recently agreed to identify a small amount of money that can be used to meet the expenses of members attending the meeting. A programme has been planned for the next 4 meetings of the Group and as part of the process of informing and educating members of the group about the internal processes of the two organisations, briefing sessions will be held at the beginning of each meeting on an aspect of the MPA or MPS organisational processes.

The assessment of policy and function

3. The guidance to inform the implementation of the Race Relations (Amendment) Act 2000 states that public authorities “will be responsible for ensuring that the general duty is an integral part of any function where racial equality is relevant.” The Authority will have to define its functions and then assess the impact on racial equality of what it is currently doing and what it is proposing to do. Have current or proposed policies conflict with the elimination of racial discrimination or the promotion of racial equality and good relations, a public authority will be expected to consider the changes needed to comply with the general duty, and make those changes.

4. Early in the development of the Race Equality Scheme, the functions and key policies of the authority were defined and assessed for relevance. Those assessed as having greater relevance to the general duty are outlined in the MPS RES, and steps are already underway to ensure that these are assessed annually.

5. An initial assessment of the relevance of the MPA policies was also carried out. However, the Act requires that this assessment should be an iterative process, and that all current and proposed policies should go through the process if being assessed for race equality impact.

General Equalities Impact Assessment

6. The Equal Opportunities Commission and the Disability Commission are also in the process of producing guidance that similar equality assessments be carried out in order to assess the impact for these areas as well. This practice will assist the MPA significantly in its progress on the Local Government Equality Standard.

Defining of a policy

7. There has been a good deal of discussion on what constitutes a policy and whether the MPA has any policies of its own, separate from those of the MPS. The guidance received from the Commission for Racial Equality is that a 'policy' is any prescription, whether formal or informal, written or customary, on how a function should be carried out. As such it will include policies, strategies, guides, manuals and common organisational practice (internal or external) and customs and practice’.

8. Such a broad definition could affect a wide range of activities that are carried out by the Authority, and the guidance sought from the CRE is that will expect that this requirement is adhered to, whilst ensuring that due regard is given to resources that are allocated to undertaking this requirement.

9. MPA officers have developed draft guidance for the completion of impact assessments, and this has been trialled by a small number of MPA staff who have completed their Impact Assessments proforma. Following discussions with the CRE it has become evident that further refinement could be made to the guidance and proforma that will make the process more effective for those that will be carrying out these impact assessments.

10. It is possible that officers will have difficulties in deciding what constitutes a policy and if an initial or full impact assessment should be carried out. It is proposed therefore that the Clerk, in consultation with the Head of Consultation and Diversity, take this decision and members will note from the attached draft guidance, that the Clerk have a key role in signing-off the completed assessments, once they have been consulted on. Guidance will be continuously sought from the CRE until the process becomes embedded practice.

Training

11. The Head of the CRE Quality Assurance Unit will be working with the Head of CDO to develop a series of briefing and training events to equip those who will complete these assessments.

12. Two general briefing sessions have also been planned, one for all MPA staff and one for members to give them an overview of the scheme and the specific need for this assessment. The GLA is also in the process of carrying out a similar series of briefings for GLA members, and it may be that the GLA members may opt to attend these events instead of the MPA event on 4 November 2003. A few places will also be made available to MPS staff at both training and events.

Monitoring and publishing the outcomes of the Impact Assessments

13. The MPA is required to consult on all impact assessments and also to publish the results of these assessments. Discussions with the CRE indicate that they will look closely into the external consultation processes that have been put in place to meet this requirement. Following discussions with the members of the MPA/MPS External Reference Group, it is proposed that much of the consultation can be carryout through the networks that these organisations already have in place. There will be cost implications to this, and this has been accounted for in the current and 2004/05 budget submission.

14. It is proposed that the current ‘equalities implications’ on all committee report templates should be revised and that report authors be asked to report on the ‘initial assessment for the impact on race and equalities’. This change, if agreed by this Board, will enable the Clerk to the Authority, who has overall responsibility for the delivery of the Scheme, and Head of Consultation and Diversity to have a clearer overview of those policies that are likely to require full equalities impact assessment and those that are not.

15. Members are asked to indicate their agreement, to the proposal for this change. Depending on the outcome, detailed discussion and guidance will be provided to assist all MPA and MPS report authors in completing this section of the committee report. The outcomes of the assessments will be reported to the EODB on a regular basis.

C. Equality and diversity implications

Undertaking race and equalities impact assessments can significantly enable the MPA to estimate the likely equality implications of either implementing a new policy or initiative or of operating a current policy, function or service.

D. Financial implications

These are contained within the existing 2003/04 and future years and does not represent any growth in the budget previously allocated.

E. Background papers

• Race Equality Scheme

F. Contact details

Report author: Julia Smith, MPA.

For more information contact:

MPA general: 020 7202 0202
Media enquiries: 020 7202 0217/18

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