| Barbara Roche MP Minister for Women Office of the Deputy Prime Minister 26 Whitehall London SW1A 2WH |
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3 March 2003 |
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| EQUALITY AND DIVERSITY: MAKING IT HAPPEN | |
| Thank you for the opportunity to comment on the UK Government's proposals for the future of Britain's equality machinery, as set out in the consultation document, "Equality and Diversity: Making it Happen". | |
| As you may know, the National Assembly for Wales has a statutory power to make representations to the UK Government on any issue affecting Wales. It also has a statutory duty, under s.120 of the Government of Wales Act, to ensure that its functions are exercised with due regard to equality of opportunity for all people. The Assembly Government has adopted equality of opportunity as one of its three crosscutting themes, and has committed itself to maintaining equality into all aspects of policy making and implementation. Any proposals around the future priorities for equality, and the structures that should support them, are therefore matters of great concern to Assembly Cabinet Ministers. | |
| These issues were discussed by the Assembly Cabinet at its meetings on 16 December and 24 February, and in this letter sets out our collective position on the UK Government's proposals. | |
| Our discussions were greatly helped by the three consultation events which have taken place in Wales ir) January and February. I would like to thank the Women and Equality Unit for their support in helping to organise those events. The success of the events and the level of participation from across the equality strands and across sectors demonstrated the high level of interest in equality issues across Wales, and an encouraging desire to share expertise and experience. | |
| However, although the equality legislation is not devolved, equality itself is very much a devolved concern. Any new framework will need to take into account the implications of our statutory duty under s.120 of the Government of Wales Act. We believe that this can best be done by giving the new body a statutory relationship with the National Assembly for Wales, and by giving the new body's Welsh and Scottish arms a high degree of managerial and policy autonomy. | |
| Relationship with the Assembly | |
| Various arrangements have been put in place since devolution to ensure that the Assembly fulfils its duty under s.120. Crucially this has involved establishing partnership working arrangements between the Assembly and various statutory and other agencies, including the three existing equality commissions. For example, the three commissions have been appointed as expert advisers to the Assembly's Equal Opportunities Committee, with an opportunity to present and discuss their annual reports, and to raise issues of concern. A similar invitation has recently been given to the Lesbian, Gay and Bisexual Forum Cymru. However, there is at present no formal legal relationship between the equality commissions and the Assembly, and the existing partnership arrangements are entirely dependent upon the goodwill of all the parties involved. The establishment of a Single Equality Body would provide an opportunity to formalise these relationships. | |
| We believe, therefore, that the legislation settling up a new body must include a formal role for the National Assembly for Wales. This new statutory arrangement could include, for example, a duty to consult. The Assembly would also expect to have a formal say in the appointment of any commissioners with responsibility for Wales. | |
| Consideration will also need to be given to the relationship between the Single Equality Body and other statutory bodies in Wales concerned with aspects of equality. These will include, especially, the Welsh Language Board and the Children's Commissioner for Wales. | |
| Structure | |
| We agree that the new body will need a strong, authoritative presence in Wales, but we believe that this will=only be achieved if the autonomy of the Welsh arm is built into and safeguarded in the new structure. The ability to plan and set priorities on a . Wales basis seems to us to be essential given the distinctive political and cultural circumstances of Wales. We favour establishing a GB-wide body, with an overarching executive arm, able to act as a central resource for research and expertise, and to influence the agenda at Westminster, but supported by devolved arms in Wales and Scotland (and, presumably, England), with a very large measure of managerial and policy autonomy. | |
| We envisage that this new body would continue to be funded on a GB basis and sponsored by central government. However, an appropriate portion of the budget will need to be delegated to - and managed by - the devolved arms if they are to have proper managerial and policy autonomy. | |
| I trust that you will find this response a constructive contribution to the debate about the future of Britain's equality agenda. I look forward to discussing these issues with you further at our meeting on 13 March. | |
| Yours sincerely | |
| Carwyn Jones AM | |
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EOC 03-03(p12) |
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| EQUALITY OF OPPORTUNITY COMMITTEE | |
| Date: 20 March 2003 | |
| Time: 9:15am | |
| Venue: Committee Rooms 3 & 4, National Assembly Building, Cardiff Bay | |
| Title: Committee response to UK Government single equality body consultation | |
| RESPONSE OF THE NATIONAL ASSEMBLY FOR WALES' EQUALITY OF OPPORTUNITY COMMITTEE TO THE CONSULTATION DOCUMENT 'EQUALITY AND DIVERSITY: MAKING IT HAPPEN' | |
| The National Assembly for Wales has a statutory equality duty, set out in sections 48 and 120 of the Government of Wales Act 1998. Equality of Opportunity Committee plays an important role in ensuring that the Assembly fulfils that duty through its remit to: | |
| ". _ .audit the Assembly's arrangements for promoting in the exercise of its functions and the conduct of its business the principle that there should be equality of opportunity for all people." | |
| The Committee has, therefore, taken a keen interest in the UK Government's proposals contained in 'Equality and Diversity: Making it Happen'. | |
| At its meeting on 13 February 2003 the Committee discussed a summary of the outcome of a series of consultation meetings held around Wales. The Committee also heard from representatives of the Equal Opportunities Commission, the Commission for Racial Equality and the Disability Rights Commission; all of whom are standing invitees, and valued advisers, to the Committee. | |
| In the light of that discussion the Committee would like to make the following points in response to the UK Government's consultation. | |
| The key principle underlying the Committee's consideration of the consultation is that the driving force in revising the existing structures must be a desire to promote and develop equality. It should not be embarked upon as an administrative quick fix or in pursuit of benefits seen largely in economic terms. | |
| In this context the Committee is generally supportive of the concept of a Single Equality Body and recognises that there are potential advantages including the ability to deal with multiple-identity. | |
| However, the Committee strongly believes that a Single Equality Body can only operate on the basis of a common legislative framework, and therefore regards a Single Equality Bill as a prerequisite to such a body being established. The Committee also stresses the importance of the legislation being sufficiently detailed to protect the specific needs of each equality strand. Aspects of the regulatory framework relating to disability, for example, will contain some highly technical and very detailed specifications. These must not be lost. The Committee is also keen to minimise the risk of some equality strands becoming regarded as more important and others becoming swamped. This is particularly important in the context of the new equality strands being adopted, as they have a limited existing base. | |
| The Committee acknowledges the rationale for the legislation to remain reserved to Westminster, but only in the context of the new body having a strong presence in Wales operating with a high level of autonomy. Links with the central UK body should remain. There will, for example, be a need to draw on central expertise and research, but the day to day management and strategic focus of the Welsh arm of the body should be set in Wales. | |
| The Assembly and the existing statutory Commissions have built .up a highly successful working relationship, but all concerned are keen to these links formalised. A formal relationship will provide greater clarity, reflect the distinctive equality agenda and legislative framework in Wales and support the promotion of equality in the many areas of public policy that are currently devolved. Minimum requirements would be a role for the Assembly in the appointment of the Commissioner for Wales, involvement in setting the strategic direction of the body in Wales and a formal reporting relationship. | |
| The Committee also feels strongly that the new body must be well-resourced to enable it to operate effectively. | |
| The views of the Committee, are in line with the broad consensus reached at the consultative events around Wales. Given this high level of agreement on the way forward, the Committee therefore strongly urges the UK Government to adopt the approach set out above. | |
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EQUALITY AND DIVERSITY: MAKING IT HAPPEN |
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A Response to the Consultation Paper from Equality Interests in Wales - February 2003 |
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| 1. PREAMBLE | |
| 1.1 This response is based on the outcomes of two Workshops convened to discuss the implications of the Government's proposals for the equality agenda in Wales. The events were sponsored jointly by the three existing equality commissions in Wales - the Equal Opportunities Commission, the Disability Rights Commission and the Commission for Racial Equality - and facilitated by the National Centre for Public Policy at the University of Wales Swansea. On both occasions a wide range of equality interests, activists and representatives assembled to explore equality in Wales both generally and specifically in relation to the proposals and questions contained in the Government's Consultation Paper. The list of people who attended the second Workshop is attached as Appendix One. It consisted of people who represent the three existing equality strands - race, gender and disability - and also, the `new' streams of age, religion and faith and sexual orientation as well as a representation from the Welsh Language Board. Participants came from both the statutory and voluntary sectors, as well as from the existing equality commissions | |
| 1.2 Although the views expressed below are not necessarily those of any one sponsoring organisation they represent the broad range of views on which there was agreement. They resulted from the exchange of ideas and views about the future of equality in Wales and are expected to consolidate and promote collaborative working into the future. | |
| 2. CONSULTATION QUESTION RESPONSES | |
| In the context of the preconditions for an effective equality framework for Wales outlined above, the following observations and comments are made in response to the Government's Consultation Paper:. | |
| Response to Question 1 | |
| Vision | |
| This should stem from, and be rooted in, a clear and inclusive vision of. a society based on fairness, respect and equality for everyone. | |
| In Wales, the vision should include a reflection of the intrinsic traditions, history, cultures and language of Wales, and also the equal value of, and sensitivity towards, the culturally diverse individuals and groups who live and work in the country. It must start not from a categorisation of different equality streams but from root principles of equality, anti-discrimination and social justice. The Workshop considered that any other approach risked perpetuating a hierarchy of equality groups, with different weight being given to different forms of discrimination. It was considered that this `root principles' approach would enable the needs of all people whose lives are blighted by discrimination - both now and I would draw your attention to the enclosed report, prepared by the Assembly's Equality Policy Unit, which sets out the key points emerging from these events, as well as more detailed points made during the workshop discussions. The report expresses clearly the hopes and concerns of grassroots equality organisations in Wales, and I am sure that the UK Government will want to take these on board in determining the best way to structure Britain's equality machinery in future. | |
| The framework for a single body | |
| Whilst the Welsh Assembly Government is prepared to endorse, in principle, the idea that there should be a Single Equality Body, we believe strongly that a single body will need to be established by means of a Single Equality Act. We are also concerned that there should be no weakening of strand identity within a single body and no hierarchy or competition for positive or resources between any of the existing or new equality strands. | |
| We believe that for a single body to work effectively across the equality strands, it will be essential to establish a common legal framework, rather than expecting it to work to several, very different pieces of legislation, as exist at present. A single equality statute that harmonises the existing legialation, bringing the level of protection afforded to each strand up to the level of the highest, would be one of the best safeguards against a heirarchy emerging between strands in the new structure. Other steps to eliminate hierarchy or competition between the strands in a new body are likely to have limited effectiveness if the underlying legal framework is itself fragmented and unequal. | |
| A Single Equality Act would also provide an opportunity to bring the three new strands of sexual orientation, religion and belief, and age up to the same level of protection as existing strands. Without this levelling up, the three new strands will inevitably remain junior partners in any new equality structure. | |
| We appreciate that there are some significant differences between the equality strands, reflecting-differing experiences of discrimination. The concept of "unreasonable adjustment" in relation to disability is a good example of this. We believe that such differences would be best accommodated within a common legal framework. We also understand the concerns among disability organisations that current attempts to extend the scope of the disability legislation might be lost among the drive to establish a new body, and believe that the lost introduction of a Single Equality Bill would be a way of ensuring that these issues are not lost. | |
| Devolution | |
| The consultation document asks how the new structures could best reflect devolution. The Assembly Government agrees that any new body should be able to function on a British basis. This would seem to be sensible given the shared statutory framework for tackling discrimination and the non-devolved nature of the equality legislation. The new body will need to be able to influence the central government agenda, and act as a centre for research and expertise at a GB level in the future - to be embraced by a single umbrella. A core notion that was sustainable over time would obviate the need to identify constantly additional `equality' streams. Although accepting that some forms of inequality might merit particular forms of intervention and policy making, participants were of the view that the communalities between individuals suffering any form of discrimination were very powerful. | |
| Single Equality Act | |
| A Single Equality Act should be introduced to harmonise the legislative, legal and other arrangements between all equality streams. Such a legislative framework equalising the conditions under which all of the different equality strands operate must precede and underpin any significant organisational change, such as the proposal to create a Single Equality Body, or indeed any other organisational model. Different policies, legislation, capabilities and resources for different equality streams are considered to be fundamentally divisive, inefficient and confusing. The current variations between different equality streams are not sustainable and should not be perpetuated. There is a fear that the perception and reality may be of a hierarchy of equality interests, with some gaining a higher priority and visibility at the expense of others. | |
| Resources | |
| Any integrated equality capability needs to be supported by a realistic resource framework that facilitates the pursuit of an effective agenda for all equality | |
| Response to Question 7 - the Welsh Perspective | |
| An Inclusive and Partnership-Based Policy-Making Approach: Wales shows many signs of inclusiveness and partnership between government, other public bodies, the voluntary sector and the wider community. There are established and effective networks that cross formal professional and institutional boundaries, and there is a healthy voluntary sector capability intent on making a positive contribution. Participants stressed the importance of building on this approach when developing the future equality agenda. Where individuals and groups are marginalised from the process, major efforts are needed to include them and enable them to participate on equal terms with other, more powerful, players. | |
| The Maintenance and Development of the Momentum already built up by the Assembly, in partnership with others: Devolved government in Wales offers the prospect of shaping and driving forward an effective equality strategy for Wales, in response to the particular needs and aspirations of all its citizens. A distinctive institutional and political framework has been created, and the Government of Wales Act 1998 places a unique and `absolute' duty on the Assembly "to make appropriate arrangements with a view to securing that its functions are exercised with due regard to the principle that there should be equality of opportunity for all people" (Section 120). The Assembly has responded to this duty in a number of ways, including: | |
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| Workshop participants emphasised the need for any reform of the equality machinery to respect and build upon the people, policies and good practices of both the Welsh Assembly Government and also other components of the Welsh equality community where centres of excellence and expertise flourish. The best of this inheritance must be secured in any future arrangements. | |
| In particular, it is important to highlight the following points: | |
| Links to Government | |
| It is important that any changes to existing institutions, or the establishment of new ones, should ensure that formal links are created with the Welsh Assembly Government as well as the Westminster Government. | |
| Flexibility | |
| Whilst recognising that the responsibility for legislation for equal opportunities currently lies with UK Government, the possibility of changes in the devolution settlement arising from the Richard Commission (particularly in relation to primary legislation) needs to be acknowledged in any future equality machinery. | |
| The Welsh Language | |
| In Wales, the Welsh language is an important and integral part of the equality landscape. This needs to be incorporated into any new framework. | |
| Collaborative Working | |
| Since devolution in Wales a new form of governance has emerged, predicated on partnership working and inter-organisational relationship between different sectors, tiers of government, the voluntary and statutory sectors, the private sector, Assembly sponsored bodies and local people and communities. The policy making cycle is also characterised by inclusivity and engagement with a wide spectrum of stakeholders at the formative stages of policy. The Workshops considered that it was imperative that this approach continued to dominate the management of the equality agenda in Wales, and that any reforms should be sympathetic to this model. | |
| Autonomy | |
| Any alterations in the equality machinery need to allow enough autonomy for existing or new institutions to set priorities to reflect the particular needs of Wales. | |
| Independent Monitoring | |
| Currently, there is'no system of independent monitoring of compliance to Section 120 of the Government of Wales Act. Changes to the structure of the equality machinery, such as the creation of a single body, need to take this into account and incorporate such monitoring. | |
| Response to Question 8 | |
| Voluntary Sector | |
| The Consultation Paper says comparatively little about the role of the voluntary sector and its future relationship to government and the statutory sector. A future equality agenda needs to premise an effective contribution from both sectors working collaboratively. In Wales, Welsh Assembly Government has highlighted the role of the voluntary sector, and its future contribution needs to be respected. | |
| Participation | |
| One of the options outlined in the Consultation Paper is the creation of a Single Equality Body. One of the concerns of the Workshops was that such a large national body would find it difficult to be grounded in the reality of ordinary people's lives - that it might become divorced from local people and communities, and not accountable to them. The critical question is how such a body would engage with the grassroots constituencies? | |
| Response to Question 9 | |
| A balance between concentrating on policing and enforcing anti-discrimination laws, and promoting a positive and proactive agenda within the mainstream of a social inclusion framework was agreed to be the most effective way of developing the equalities agenda. The enforcement of legislation, constant vigilance and policing, and the threat and reality of litigation, were all important components in the armoury of equality bodies. In addition, it was recognised that this strategy would be enhanced by a complementary strategic focus that was founded on a proactive approach to developing equality and social justice policies and programmes. A twin track approach that balanced both elements was considered to be the most effective way forward. In addition, it was considered important to weave in the relationship between the equality and human rights agendas - the two agendas are inextricably linked, and the statutory links between the two have to be consistent and co-ordinated. | |
| 5. LIST OF PARTICIPANTS
Amanda Ariss, Equal Opportunities Commission. |
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| 6. FURTHER INFORMATION | |
| 6.1 Any further information about this response can be obtained from Paul Williams who is Senior Research Fellow at the National Centre for Public Policy, University of Wales Swansea. e-mail: Paul.M.Williams@swansea.ac.uk | |
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