Corporate Equalities Policies and Race Equality Impact Assessment Report

Report:12
Date: 02 September 2004
By: Clerk

Summary

One of the core requirements of the Equality Standard for Local Government is the need for the development of an equalities policy that covers each of the equality strands. This report discusses the work that has been done to ensure that the MPA has such a policy and comprehensive, equality strand specific guidance that makes that policy a useable document for all affected by it. It also updates members of the progress with the development of Race Equality Impact Assessments, highlights some of the key issues that have emerged and outlines the progress that has been made in the quality assurance of MPS policies by the MPA

A. Recommendations

Members are asked to:

1. Approve, subject to ratification by full Authority, corporate equality policy
2. Note the progress on the accompanying guidance.
3. Note the issues arising from the Racial Equality Impact Assessment process and the current position.
4. Note the progress made in quality assuring key MPS policies and the current position.

B. Supporting information

Draft Equalities Policies

1. Earlier in the year, the Race and Diversity Unit developed a draft set of the equality policy documents to conform with the requirements of the Equalities Standard for Local Government. The development of these documents also represents significant progress towards meeting its ‘Exemplary Employer’ status, which the Authority signed up to in the Best Value Review of the Equalities in 2001 and one of the key risk recommendations arising from the Internal Audit report in to the MPA and MPS Diversity Monitoring published in summer 2003.

Consultation on the Policies

2. MPA staff were consulted on the early documents and made a range of extremely helpful comments, which have informed the revision of the documents.

3. On 23 March 2004, the Race and Diversity Unit organised a consultation event and invited a range of external statutory, voluntary and community organisations to give comments on the early draft documents as well as on the draft Equality Impact Assessments that were completed by MPA colleagues.

4. The event was facilitated by Ionann Consultancy and was extremely useful. The comments and the observations were significant in informing both the redraft of the policies as well as the revisions to the Equality Impact process which will be discussed in detail later in this report.

5. The report of the event was presented in a previous report on 20 May 2004 for members’ information. One of the suggestions arising from the consultation was that the MPA should have an overarching Equality and Diversity policy, with accompanying “policies” specific for each of the equality strands. This, it was felt. would ensure that fair and equitable emphasis is given to each equality strand, which may not be realised in the generic policy. Ionann assisted in redrafting and producing documents for those areas.

6. Revised documents, including the overarching policy, were then submitted for consideration at a consultation day on 1 July 2004, again facilitated by Ionann Consultancy and attended by a range of external statutory, voluntary and community organisations. Ionann produced a report of that consultation and it, and a joint response from the RNIB, Guide Dogs for the Blind Association and the London VI Forum, has informed the current draft of the Equality and Diversity Policy and associated documents. The report and response are included at Appendix 1 for members only.

7. Although there is no current legislation on age and age discrimination the MPA felt it was in line with its Exemplar Employer role to include a document on this at this stage. This document will be revised in time, in the light of legislation and developing best practice.

8. Copies of draft policy documents were previously placed in the members room and members have had an opportunity to provide their views and comments.

Current position

9. A recent review by officers of the state of play of the policy development process reached the conclusion that, given the degree of consultation that has taken place, the overarching corporate equality policy, following an inclusivity check, could be adopted as the policy of the MPA by this Board. This is attached as appendix 2 If agreed, the policy, with accompanying guideline will need to be adopted by the full Authority. As with all policies in enlightened organisations, it will be subject to both necessary and regular review and, of course, formal impact assessment, when that process resumes. In the light of the nature of this policy in promoting equality and the process of developing it, no adverse equality impact is expected.

10. Adopting the policy is an important step in demonstrating the corporate commitment to equalities and diversity which will allow the Authority to confirm that it is on course to achieving levels one and two of the quality standard for Local Government.

11. The outcome of impact assessment will be made available to all members prior to the publication of the information on the MPA Website, to meet the Publication Duty of the Act. To avoid a cumbersome structure and to be more “user friendly” it is proposed to refrain from having individual policies for each of the equality strands and to use the work that has already been undertaken to develop guidance on the meaning and working of the overarching policy for each of the equality strands.

Development of the Corporate Equality Plan (CEP)

12. The overarching Equality and Diversity policy will form the basis for the MPA Corporate Equality Plan. The consultants contracted to assist with this exercise have translated the statements into targets. Work continues to formulate deadlines, outcomes/evidence and responsibilities for the constituent parts of that draft plan, revised to take account of amendments to the overarching policy.

Equality Impact Assessment

13. The MPA has made some encouraging progress towards meeting the Specific Duty of the Race Relations (Amendment) act 2000, to impact access its policies for adverse impact. This progress has highlighted a number challenges and learning opportunities which are being used to inform the ongoing review and revision of the process.

14. Following recommendations in the of the Stephen Lawrence report chief officers of police are now vicariously liable for the acts and omissions of their relevant officers to the legislation. The report also identified the concept of the institutional racism and recommends that all institutions should ‘examine their policies and the outcomes of their policies to guard against disadvantaging any section of the community’. The amendments to the Race Relations 1 Act strengthen and extend the legislation to cover the policies and functions of the public authorities including the police, and placed a duty to ‘impact assess’ all policies and functions.

15. The CRE Statutory Code of Practice on the Duty to Promote Race Equality states that ‘public authorities should consider the following steps to meet the General Duty:

• Identify which of their functions and policies are relevant to the duty, or in their words, affect most people.
• Put the functions and policies in order of priority based on how relevant they are to race equality.
• Assess whether the way these relevant functions and policies are being carried out to meet the three parts of the Duty (eliminate unlawful discrimination, promoting equality of opportunity, and promoting good relations between people of different racial groups).
• Consider whether any changes need to be made to meet the General Duty and make the changes required.”

16. The published MPA Scheme is explicit in listing the range of areas in which policy is likely to be made. These are:

• Internal MPA Management/organisational policy decision
• Authority/Committee decision
• MPS Recommendations
• MPS Policy
• Best Value Review
• Evidential Scrutinies
• Home Office/Regulatory Report
• New Regulation/legislation

17. The Act defines policy far broader than the traditionally limited definition of policy to include written policies, practices and decisions on the basis that these are the processes by which institutionally discriminatory practices and processes become embedded.

18. The Act requires that all policies should be assessed for potential for adverse impact prior to being implemented and steps be taken to amend the policy.

19. The Act recognises that some policies may be indirectly discriminatory (for example, the MPS Stop and Search policy). However in such cases, it requires the public authority to justify the adverse impact and take steps to address this, with appropriate monitoring and review arrangements.

20. The MPA race equality scheme submitted to the CRE in 2002 outlines a schedule for carrying out impact assessments on the MPA functions and policies. The Race and Diversity Unit (R & DU) developed proformas and guidance to assist policy leads carrying out the impact assessments. In the light of feedback on the operation of the impact assessment process, the process has been suspended and the R & DU is reviewing the guidance and proformas in the light of that feedback and current best practice in the area. Problems with the acceptance by staff of the impact assessment process have been contributed to by what can be an extremely time consuming process. Although initial training was conducted by the CRE for all MPA staff, it has become increasingly evident from the impact assessment process to date that the need for ongoing training remains. This need will be assessed and taken forward.

21. Revised impact assessment guidance and proformas will be presented to members when they are completed, along with proposals for further training.

Equality Impact Assessment requirement under the Equality Standard for Local Government

22. The Equality Standard for Local Government (ESLG) provides a systematic framework for mainstreaming good equality practices and meeting the range of equality legislation and European Directives similar to the RRA.

23. The ESLG also has a requirement to impact assess policies for potential adverse impact. In view of this requirement, the MPA impact assessment proforma mentioned above includes assessment for all equality groups and has been used since May 2004. The proposed review, planned after a trial period of 6 months, is being undertaken now, in the light of obvious need.

MPA EIA Quality Assurance Process

24. The Race and Diversity Unit have established a quality assurance process whereby individuals external to the MPA, but experienced in their field, contribute to quality assuring the completed EIAs. This is best practice, which is promoted by both the CRE and the Equality Standard process.

25. This process has been extremely helpful but it has identified scope to conduct impact assessments in a more focussed and constructive way. Pending the outcome of the review of the instructions and proformas for impact assessment, quality assurance action has been suspended.

MPS Equality Impact Assessments

25. MPA and MPS officers from the Policy Clearing House have made significant progress in agreeing a schedule for quality assuring those MPS policies that have been identified in the MPA and MPS schemes as likely to have most significant impact on the public.

26. This is a significant step and goes some way to enabling the MPA to execute its governance role for influencing and informing those policies that have been experienced negatively by sections of London’s diverse community for many years.

27. Two policies have been assured to date (Arrest Warrants and Hate Crime) but, pending the review of the MPA impact assessment process, this quality assurance process, which runs with the internal MPA programme, has been suspended.

C. Race and equality impact

The General Duty of the RRA is a central component of the Act. The steps outlined in this report outline the progress and challenges that have emerged as the Authority has taken the necessary steps to meet the requirement. Equality Impact Assessment has enabled the Authority to make improvements in other organisational areas and is therefore achieving one of its key aims of enabling the Authority to improve its decision making ability across all equalities areas.

D. Financial implications

There are no direct financial implications associated with this report. However, it is worthwhile highlighting that the process is extremely resource intensive and is likely to remain so until the process becomes embedded within the MPA.

E. Background papers

none

F. Contact details

Report author: Doug Lewins, MPA.

For more information contact:

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

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