Fairness and freedom - the final report of the Equalities Review

06/07
26 March 2007
MPA briefing paper

Author: Alan Johnson (Policy Officer, Human Resources), MPA

This briefing paper has been prepared to inform members and staff. It is not a committee report and no decisions are required.

Background

Trevor Phillips chaired the Equalities Review Panel. He was joined by Sir Robert Kerslake and Dame Judith Mayhew Jones, and supported by a reference group from all sections of the public, private and voluntary sector. The aims of the Equalities Review were to:

• provide an understanding of the long-term and underlying causes of disadvantage that need to be addressed by public policy;
• make practical recommendations on key policy priorities for: the Government and public sector; employers and trade unions; civic society and the voluntary sector; and
• inform both the modernisation of equality legislation, towards a Single Equality Act; and the development of the new Commission for Equality and Human Rights (CEHR).

The Review suggests that this is a particularly important moment in time for equality in the United Kingdom, e.g. the advent of the CEHR, the Government’s Comprehensive Spending Review is taking place just at the right time to take on board the Review’s findings; and the Discrimination Law Review (DLR) is overhauling the current anti-discrimination legislative framework to provide a single Equality Act.

In particular, the Review argues that the UK needs a new definition of equality that will be relevant now and in the future. It suggests traditional approaches – based on equality of outcomes, opportunities, process and respect – have either resulted in a focus on income, or wealth, rather than on all the aspects of life that are important to people in leading a fulfilling life, or have not taken serious consideration of the economic, political, legal, social and physical conditions that constrain people’s achievements and opportunities. It suggests the definition should be:

• An equal society protects and promotes equal, real freedom and substantive opportunity to live in the ways people value and would choose, so that everyone can flourish.
• An equal society recognises people’s different needs, situations and goals and removes the barriers that limit what people can do and can be.

The Review also sets set out a framework for measuring inequality that is based on ten dimensions derived from international human rights principles and consultation with the general public, including groups at high risk of disadvantage. These are:

1. Defining equality
2. Building a consensus on equality
3. Measuring progress towards equality
4. Transparency about progress
5. Targeted action on persistent inequalities
6. A simpler legal framework
7. More accountability for delivering equality
8. Using public procurement and commissioning positively
9. Enabling and supporting organisations in all sectors
10. A more sophisticated enforcement regime

What do we mean by equality and why does it matter? (Chapter 1)

The Review acknowledges that Britain is a fairer and more equal society today than at any time in living memory and points out that a hundred years ago women were not allowed to vote on the same basis as men; it is now illegal for employers and public services to discriminate on the grounds of race, gender or disability, sexual orientation, religion, belief, and age. It acknowledges that although legislative change has been vital to this progress, equality has touched aspects of life far beyond the influence of the statute book, e.g. on average, all sections of society live longer, are healthier, and are better educated.

However the report also highlights a number of worrying costs, e.g. the Women and Work Commission concluded that removing barriers to women working in occupations traditionally done by men, and increasing women’s participation in the labour market, would be worth between £15 billion and £23 billion: equivalent to 1.3 to 2.0 per cent of Gross Domestic Product (GDP), disabled people are 30 per cent more likely to be out of work than non-disabled people with the same qualifications, age, place of residence and so forth (this costs the Government almost £9 billion annually (including unemployment-related benefits) in lost revenue, and young people excluded from school are much less likely to gain five good GCSEs and are more than twice as likely to report having committed a crime as other young people. Most remarkably, the Review identifies that in some areas progress in very slow and suggests at the current rate of change we will:

• Elect a representative House of Commons in 2080
• Close the gender pay gap in 2085
• Close the black and minority ethnic (BME) employment gap in 2015
• End the 50+ employment penalty – not in this lifetime
• Close the disability employment gap – probably never
• Close the ethnic qualification gap – definitely never

Equality in context – the 100 year time frame (Chapter 2)

The Review looks back 60 years at the progress that has been made and then looks forward 40 years to some of the demographic and labour market changes. Amongst the ‘highlights’ are:

The ageing of the British population means: there were 9.4 million adults over the age of 65 in 2005 (16 per cent of the population) and this figure is predicted to rise to 12.4 million by 2021 (20 per cent). By the middle of this century, the number of people aged 80 or over will be double what it is today.

Household composition is changing. In 1971, 18 per cent of households comprised just one person. By 2005, this had grown to 29 per cent of all households. There was a corresponding decline in the size of the average household, from 2.9 people to 2.4 people.

The BME population of Britain is forecast to grow from nine per cent to about 11 per cent by the end of the next decade, but within this overall figure, there are different patterns of growth. The number of mixed-race births in 2003-04 greatly exceeded the number of births within any of the other non-White groups. Within particular ethnic groups, the highest increases will be among Black Africans, Pakistanis and Bangladeshis.

The proportion of disabled people in the population is set to rise. This increase is partly the result of greater longevity among both older people with disabling conditions and disabled people due to medical advances and other improvements, and also because more pre-term babies and babies with disabling medical conditions are surviving. It also stems from the identification of disabilities that previously went unrecognised, such as emotional and behavioural disorders.

The Review concludes that the successes of the past 60 years provide an important foundation, but the piecemeal approach will no longer work. There is now a society that is characterised by rising expectations of public services, increasing individual choice, greater diversity of lifestyles and growing desire for greater devolution and local autonomy. The Review suggests the approach to addressing inequality has to take account of the ways in which an enabling state operates in the 21st century.

Persistent inequalities (Chapter 3)

This Chapter is a comprehensive review of inequalities across a wide range of areas including education, transition to working life, employment, disabled people, BME groups – particularly Pakistani and Bangladeshi women - and women in the labour market, retirement, health, crime and the criminal justice system, violence against women and hate crime. In doing so, it draws upon a wealth of published material and argues that though most kinds of inequality amplify the effects of other types of inequality.

It discusses those areas in which equality gaps are most likely to cause further inequalities and makes the case for intervention in the early years of life, to prevent the start of a ‘cascade’ of disadvantage.

Crime and the criminal justice system

Of particular interest to the Authority is the section on crime and the criminal justice system. Whilst acknowledging crime levels in the UK are falling the report reflects that people from some groups face significantly higher risks of being a victim of crime than others, including children, older people, disabled people, BME communities, and those who have been victimised before. The Review looks at three areas of crime that tend to be particularly serious in provoking further disadvantage: violence against women; hate crimes; and the over-representation of BMEs as both victims and offenders.

Whilst violence against men is predominantly ‘stranger violence’, violence against women is in the home and the offender is known. Alongside the obvious physical injuries, the long-term effects can include isolation, low self-esteem, mental health problems and time away from work.

Domestic violence

Domestic violence is often a ‘repeat offence’ that accounts for 16 per cent of all violent crime. It costs society in excess of £23 billion a year of which £3 billion falls to public services. It claims the lives of two women each week and will be experienced by one in four women in their lifetime. Where domestic violence is reported, on average there will have been 35 assaults before a victim of domestic violence calls the police.

For BME victims the effects are often compounded by the effects of racism and may manifest differently in these communities, e.g. forced marriage, ‘honour’ based violence and female genital mutilation are, it is argued, all aspects of domestic violence.

The report also touches upon rape, reflecting the joint review into the investigation and prosecution of rape offences, by Her Majesty’s Crown Prosecution Inspectorate and Her Majesty’s Inspectorate of Constabulary (HMIC) which suggests that greater efforts are needed by the police and the Crown Prosecution Service (CPS) to improve the way in which investigations of rape are handled, in particular needing to improve the way in which victims are treated.

Hate crime

This is another area of particular interest to the Authority. The report states that police estimate that most racial and religious hate crime, and as much as 90 per cent of homophobic crime, goes unreported because victims are too frightened or embarrassed. Nationally, in 2005 the police recorded 50,000 racially or religiously motivated hate crimes (of which the MPS reported nearly 12,000 incidents of racist and religious hate crime and nearly 1,400 incidents of homophobic hate crime.) The British Crime Survey (BCS) indicated that there were likely to be 260,000 such offences last year. The report welcomes the work being undertaken by criminal justice agencies to improve the recording and prosecution of hate crimes.

Over-representation in the criminal justice system

The report states that BMEs account for a significantly greater proportion of the prison population (23 per cent) than their proportion in the general population (9 per cent). While the prison population has grown considerably over the last ten years, the rate of growth has been much faster among Asian and Black Caribbean prisoners.

The Review nevertheless acknowledges that it was not within its scope to reflect at length on the deeper causes of the criminalisation of young people in some BME communities; but reiterates the earlier point about the ‘cascade’ of inequality from the education system through employment etc. Whilst the Government’s pledge to ‘reassure the public, reduce the fear of crime and antisocial behaviour, and build confidence in the criminal justice system without compromising fairness’ is welcomed, the report also points out the lack of representation amongst the judiciary.

The Review makes a significant number of recommendations around long-term strategies, data and data monitoring and ‘policy solutions’.

Why do inequalities still persist? (Chapter 4)

The Review focuses on what it sees at the causes of inequality and asks if inequality is as unpopular as people say, why do individuals and communities tolerate it? If it is as economically and socially damaging as the report’s analysis shows, why aren’t governments, public authorities and the private sector stepping up their efforts to reduce it? And how is it that, despite extensive anti-discrimination legal regime, such huge equality gaps persist?

The chapter reflects upon prejudice, a lack of consensus on what equality means, a lack of accountability and transparency, the role of the media, and the lack of an effective legislative framework (also being covered by the DLR.)

In terms of public authorities, it is suggested that there is evidence that the race equality duty has influenced public authorities’ practices positively. However, there is concern that the duty has resulted in an approach that places more importance on processes not outcomes. The report recognises that in developing the disability discrimination and gender equality duties the Government and the equality Commissions have attempted to respond to concerns about the effect of the emphasis on process in the race duty.

The Review team were also made aware that many organisations were keen to be more active in making additional opportunities available to both employees and clients but were often frustrated by the rigidities within the equalities laws particularly, though not exclusively, around the issues of BME and faith group diversity and gender balance.

The MPS gave evidence pointing out that even after strenuous efforts, the rate at which the Service is becoming representative meant its BME and gender profile would not parallel the capital’s until the middle of the century.

A similar point is made in this report about procurement as was made in the Department of Work and Pensions (DWP) report “Developing positive action policies: learning from the experiences of Europe and North America”. The positive equalities duties require public bodies to promote equality in carrying out their functions and it is suggested this could influence practice in the voluntary and private sectors when procuring or commissioning goods or services.

Finally, in the chapter the point is made that statutory regulators (including national audit bodies and sector-specific inspectorates such as HMIC) are themselves covered by the duties to promote equality. As part of their work to examine and assess the performance of relevant public bodies against their legal and corporate responsibilities, the report suggests they also have a role in assessing and reporting on public authorities’ own compliance with their statutory equality duties.

Ten steps to equality (Chapter 5)

The report outlines in more detail in this chapter what is required under each of the ten steps to equality outlined earlier in the report, in order to develop an ‘Equalities Scorecard’ based upon a suggested framework (see Appendix 1). This includes a focus on helping groups as well as individuals through ‘positive duties’ (Step 6) – also covered by the DWP report and the DLR. The report recommends that the DLR proposes the repeal of existing legislation that limits positive action and that it includes balancing measures consistent with the wider possibilities under European Union law, e.g. the ability to take action in recruitment and progression.

The report also suggests focusing on outcomes by making equality part of each organisation’s performance management framework (Step 7). That would mean, for example, making equalities part of the performance regimes for police authorities, crime and disorder partnerships and the courts, and Local Area Agreements and Local Service Boards.

Finally, there is a ‘vision for the future’, against which progress should be checked, i.e. what would success look like, five years from now? It is suggested this will include:

• a shared understanding of what is meant by equality and a common framework of measurement at national, regional and local levels.
• political, managerial and community leaders take direct and personal responsibility for promoting greater equality and test themselves on progress by the outcomes they achieve rather than the processes they have adopted.
• promoting greater equality and tackling entrenched inequalities is embedded in the way that public institutions carry out their business. There will be an active pursuit of their public duty and a dynamic, systematic, and evidence-based approach to taking action.
• an honest, transparent means of assessing the progress of the public, private and voluntary sectors in achieving a more representative workforce at all levels. Information will be readily available on a consistent basis.
• prejudice in society on grounds of age, gender, race, religion and belief, disability, sexual orientation and gender identity will have demonstrably reduced. The burden of tackling this will not be placed on those who have been discriminated against; and
• most important, there will be measurable progress in achieving greater equality and tackling the most entrenched inequalities.

Next steps

The report makes over 100 recommendations across a wide range of issues. However, it is felt one of the consistent flaws in the Report is that it does not fully acknowledge the dynamics and impacts of racism, sexism, etc on 'fairness and freedom'. One of the consistent complaints from the consultation events that were carried out as part of the Review was that the findings presented the problems/barriers as the communities, rather than the processes and systems with which individuals and communities engage.

For example, whilst recognising the impact of crime the recommendations talk in very general terms, i.e. more research is needed to understand the impact of particular crimes on different groups, research should be undertaken into the impact and harm caused by particular crime types as they relate to different equality groups, criminal justice agencies should introduce standard collection mechanisms for comprehensive / consistent monitoring of hate crimes, for different population groups at every stage of the criminal justice system and the Home Office and Department for Constitutional Affairs (DCA) should undertake a review of criminal justice data gaps as they relate to equality and publish an action plan with targets for improving data collection.

Communities Minister Ruth Kelly has said: "Ten years ago there was no real commitment from Government to turning around deprived communities or giving people an equal chance to get on in their lives. This review makes clear that further progress will not happen without Government action - working with others, including communities and businesses, we must remain prepared to take the tough decisions needed. “

"That is why we must continue to invest in our schools, in reducing child poverty and in turning around our most deprived areas. And it is why in the coming year alone the new Commission for Equality and Human Rights will open for business, public authorities will be required for the first time to ask themselves how to promote greater gender equality and discrimination on the grounds of religion and sexual orientation in the provision of goods and services will be outlawed.

"Trevor Phillip's report rightly challenges us to go further. I look forward to analysing the review in detail and to responding formally on behalf of the Government in the autumn."

Defining and measuring equality – a new framework

List of central and valuable capabilities for adults

The capability to be alive including, for example, being able to:

• avoid premature mortality through disease, neglect, injury or suicide
• be protected from arbitrary denial of life

The capability to live in physical security including, for example, being able to:

• be free from violence including sexual, domestic and identity-based violence
• be free from cruel, inhuman or degrading treatment or punishment
• be protected from physical or sexual abuse
• go out, and to use public spaces safely and securely, without fear

The capability to be healthy including, for example, being able to:

• attain the highest possible standard of physical and mental health, including sexual and reproductive health
• access timely and impartial information about health and healthcare options
• access healthcare, including non-discrimination in access to healthcare
• be treated medically, or subject to experiment, only with informed consent
• maintain a healthy lifestyle including exercise and nutrition
• live in a healthy and safe environment including clean air, clean water, and freedom from pollution and other hazards

The capability to be knowledgeable, to understand and reason, and to have the skills to participate in society including, for example, being able to:

• attain the highest possible standard of knowledge, understanding and reasoning
• be creative
• be fulfilled intellectually
• develop the skills for participation in productive and valued activities, including parenting
• learn about a range of cultures and beliefs and acquire the skills to participate in a multicultural society
• access education, training and lifelong learning that meets individual needs
• access information and technology necessary to participate in society

The capability to enjoy a comfortable standard of living, with independence and security including, for example, being able to:

• enjoy an adequate and secure standard of living including nutrition, clothing, housing, warmth, social security, social services and utilities
• have personal mobility, and access to transport and public places
• live with independence, dignity and self-respect
• have choice and control over where and how you live
• enjoy your home in peace and security
•  access green spaces and the natural world
• share in the benefits of scientific progress including information and technology

The capability to engage in productive and valued activities including, for example, being able to:

• undertake paid work
• care for others
• have rest, leisure and respite, including holidays
• choose a balance between paid work, care and leisure on an equal basis with others
• work in just and favourable conditions, including health and safety, fair treatment during pregnancy and maternity, and fair remuneration
• not be forced to work in a particular occupation or without pay
• not be prevented from working in a particular occupation without good reason

The capability to enjoy individual, family and social life including, for example, being able to:

• develop as a person
• develop your moral outlook and other beliefs
• formulate and pursue goals and objectives for yourself
• hope for the future
• develop and maintain self-respect, self-esteem and self-confidence
• have a private life, including protection of personal data
• access emotional support
• form intimate relationships, friendships and a family
• celebrate on special occasions
• be confident that your primary relationships will be treated with dignity and respect
• spend time with, and care for, others
• enjoy independence and equality in primary relationships including marriage
• be free in matters of reproduction
• enjoy special support during pregnancy and maternity, and during childhood

The capability to participate in decision-making, have a voice and influence including, for example, being able to:

• participate in decision-making
• participate in the formulation of government policy, locally and nationally
• participate in non-governmental organisations concerned with public and political life
• participate in democratic free and fair elections
• assemble peacefully with others
• participate in the local community
• form and join civil organisations and solidarity groups, including trade unions

The capability of being and expressing yourself, and having self-respect including, for example, being able to:

• have freedom of conscience, belief and religion
• have freedom of cultural identity
• have freedom of expression (so long as it doesn’t cause significant harm to others)
• communicate, including using ICT, and use your own language
• engage in cultural practices, in community with other members of your chosen group or groups (so long as it doesn’t cause significant harm to others)
• have self-respect
• live without fear of humiliation, harassment, or identity-based abuse
• be confident that you will be treated with dignity and respect
• access and use public spaces freely

The capability of knowing you will be protected and treated fairly by the law including, for example, being able to:

• know you will be treated with equality and non-discrimination before the law
• be secure that the law will protect you from intolerant behaviour
• be free from arbitrary arrest and detention
• have fair conditions of detention
• have the right to a fair trial
• access information and advocacy as necessary
• have freedom of movement, and be free to choose where you live
• have the right to name and nationality
• own property and financial products including insurance, social security, and pensions in your own right
• know your privacy will be respected and personal data protected

This list has been developed in two steps namely a core list was derived from the international human rights framework, and the list was refined and supplemented through consultation with the general public and individuals and groups at high risk of disadvantage.

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