The Public Sector Equality Duty (PSED) & Integration Joint Boards

1. The Public Sector Equality Duty (PSED) & Integration Joint Boards

2. General duty Duty to have due regard to the need to: • Eliminate discrimination, harassment, victimisation or any other prohibited conduct • Advance equality of opportunity by having due regard to • removing or minimising disadvantage • meeting the needs of particular groups that are different from the needs of others • encouraging participation in public life • Foster good relations – tackle prejudice, promote understanding

3. Overview • Mainstreaming equality • Equality outcomes • Assessment and review • Employment information • Gender pay gap information • Equal pay statement • Procurement • Scottish Ministers duty • Publication duty

4. The duties and IJB • IJBs were added to Sch 19 of the Equality Act 2010 and became subject to the general duty on 1 April 2015 • Amendment Regulations making them subject to the specific duties came into force on 11 June 2015

5. Equality Outcomes • Defined as a result that the IJB aims to achieve in order to further one or more of the 3 parts of the PSD • Must be a result the body itself will achieve – so not the outcomes of the Health Board or Local Authority • IJBs must publish a set of outcomes by 30 April 2016 • Each subsequent set should be published at intervals of no more than 4 years

6. Preparing outcomes • Must take reasonable steps to involve people with protected characteristics and those who the IJB think represent their interests • Must also consider relevant evidence • If the set of outcomes does not further the 3 parts of the PSD in relation to every characteristic they must publish reasons for this • The IJB must publish a report every 2 years on the action taken and the progress it has made to achieve its outcomes

7. Duty to publish equality outcomes and report progress • IJBs are subject to this duty now • Outcomes an IJB can itself achieve • Who will do this work/sign this off? • What tools will they use? • Who is doing this thinking?

8. Mainstreaming equality • By 30 April 2016 and within every subsequent 2 years an IJB must publish a report on the progress it has made to make the 3 parts of the PSD integral to its functions

9. Assessment and review of policies & practices • An IJB must assess the impact against the 3 parts of the PSD: • Eliminate unlawful treatment • Advance equality of opportunity • Foster good relations • Within those, consider each protected characteristic

10. Assessment and review of policies & practices • An IJB must take account of the results of any assessment – have the Board members been trained in what this duty means for them? • If going ahead with the P&P it must also publish the result of any assessment within a reasonable time period • An IJB must also make arrangements it considers appropriate to review and if necessary revise its existing P&Ps to ensure it complies with the PSD

11. Employment duties • Employment information • Gender pay gap information • Equal pay statement

12. Public procurement • If an IJB intends to enter a procurement agreement which is “the most economically advantageous” it must have due regard to whether the award criteria should include considerations which will help it meet its PSD • If it intends to put performance conditions into an agreement it needs to have due regard to whether the conditions should include considerations which will help it meet its PSD • It doesn’t need to take any action if, in all the circumstances, PSD is not related to the subject matter of the contract and action would not be proportionate

13. Publication • All publication must be accessible • So far as practical an existing means of public performance reporting should be used

14. IJB dates • IJBs became legal entities on the date their Integration Scheme was approved by Scottish Ministers • From April 2015 must consult with stakeholders to develop their Strategic Plan • All integration arrangements as set out in the Public Bodies Act 2014 to be in place by 1 April 2016

15. Commission’s Role The Commission works with the public sector, including intermediary bodies and inspectorates to: • develop, monitor and spread good practice; • provide practical guidance; and, • monitor progress and compliance with the duty • enforce the duty where necessary.

16. Enforcement • General duty: Any person, including the EHRC, can apply to the Court of Session for judicial review of a public body that they felt was failing to comply. • Specific duty: EHRC only can enforce

17. Measuring Up? • From May 2013 we conducted the ‘Measuring Up?’ programme; to monitor listed authorities’ compliance with the public sector equality duty in Scotland. • Improving Equality Outcomes Project 2014/15

18. What we have found • Setting specific and measurable equality outcomes is the only way to be able to report on progress. Lack of detail means that no meaningful impact on inequality can be reported, falling back on narrative about activity and outputs. • Early stages of scoping potential practice development with IJBs on setting equality outcomes?