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Making Statutory Duties Work – Lessons from Northern Ireland

Making Statutory Duties Work – Lessons from Northern Ireland. Thomas Mahaffy Policy Officer UNISON NI. Jonathan Swallow Swallow Consulting UNISON NI Community & Voluntary Sector Branch. Section 75: Beyond anti-discrimination legislation.

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Making Statutory Duties Work – Lessons from Northern Ireland

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  1. Making Statutory Duties Work – Lessons from Northern Ireland Thomas Mahaffy Policy Officer UNISON NI Jonathan Swallow Swallow Consulting UNISON NI Community & Voluntary Sector Branch

  2. Section 75: Beyond anti-discrimination legislation • The D Word: Anti-discrimination laws require the Act to have taken place first • Statutory Duties are a legal obligation to PROMOTE equality of opportunity • Vulnerable groups: gender, marital status, religious belief, political opinion, race, sexual orientation, disability, age, people with dependents

  3. Key Principles • New laws were fought for – not ‘given’ • Changed focus from punishing direct ‘prejudiced’ discrimination to reducing structural inequalities • Fair Employment Act 1989  Policy Appraisal and Fair Treatment Guidelines (PAFT)  UNISON –v- Down Lisburn Trust  Good Friday/Belfast Agreement – NI Act 1998 • Powerful tools for change in society • No use – Unless Used!

  4. What’s it for: • Recognition • Participation • Redistribution

  5. What relationships it creates • Creates a tripartite relationship between: decision-makers affected groups enforcement body • Stronger relationship in NI than GB but push for it

  6. What’s entailed • Equality Scheme – sets out the plan • Screening • Equality Impact Assessment • Final Decision

  7. What’s needed to make it work • High Level leadership – Political Will, Executive Commitment • Strategic Focus • Resourcing (budget) • Monitoring, Measuring, Reporting • EQIA – coordinated/strategic • Consultation mindset essential • Compliance and strategic enforcement

  8. Examples of Success • NI Govt budget altered to provide free nursing care for the elderly • All privatised NHS contracts brought back in house • Circular balancing equality and VFM obligations • 1200 workers, mostly women lifted from minimum wage and private contractors back to in-house team

  9. Increased awareness of rights across sectors and communities • Strong coalitions of the affected groups • Borrowing, imitation, networking, solidarity

  10. Anatomy of success – challenging privatisation • UNISON lobby – Ministerial directive • Departmental Circular (Balance of equality & VFM) • UNISON lobby – all relevant Trusts • Process established for EQIA • Benchmarking • Evidence & judgement = Return In house • UNISON/employer work to bring it back in: new patterns of working • Resistance challenged by UNISON/Equality Commission • Public and political lobby on results • In house return

  11. PFI • Schools (cleaners) • Schools (meals workers) • Schools (caretakers) • Acute health PFIs • PFI / health budgets • Exclusion of staff • Regeneration • Using disclosure rights • Executive policy (domestics) • Procurement Guidance: equality / sustainability

  12. Other bargaining outcomes • Relocation • Rosters • Public sector reorganisation • Grant-making • Public policy: rates; cost of division • Programme for Government / Budget

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