| 2.8 This highlights particular anomalies.
For instance, the Home Office is responsible for crime
and punishment and the management of the Police Forces.
Chief Constables are not accountable to the Assembly but
to Home Office ministers and their national performance
targets. The Assembly’s ability to influence macro
- economic policy is very limited, and there is also room
for manoeuvre in the areas of transport and agriculture.
|
| 3. PROPOSED AMENDMENTS |
| 3.1 UNISON Cymru/Wales strongly of the view
that devolved arrangements in Wales should at least be
on par with those in Scotland. There is no justification
for a ‘more diluted’ form in Wales. Harmonisation
of arrangements between the two countries, in particular,
will enable Welsh Assembly Government to institute primary
legislation for Wales. This would represent the single
most important improvement to the existing constitution.
Although the Assembly has been able to develop some policies
to reflect particular Welsh needs and aspirations, it
is limited in its ability to forge radical change through
its inability to initiate primary legislation. It needs
to break away from its dependency on Westminster for policy
making, and it is essential that legislative powers and
executive powers be brought together so that Welsh citizens
can clearly understand responsibilities and accountabilities
between the different tiers of governance. |
| 3.2 UNISON Cymru/Wales supports the
new anti-discriminatory legislation being introduced by
government, which begins to tackle discrimination in employment
being experienced by lesbian and gay workers. |
| 3.2.1 The Employment Equality (Sexual Orientation)
Regulations 2003, and a proposed new Code of Practice
(to be published March 2003) will extend to lesbian and
gay workers for the first time a legal right not to be
discriminated against in employment. UNISON Cymru/Wales
and nationally has long campaigned for new laws to
protect lesbian and gay workers from discrimination and
harassment in the workplace. |
| UNISON Cymru/Wales has a long-established lesbian
and gay self-organised networking group in Wales. |
| UNISON’s self organised group notes that
the proposed Regulations do not cover discrimination experienced
by lesbians and gays in the provision of goods or services.
Neither do the Regulations cover anything on equalising
occupational pension provision for lesbian or gay workers. |
| UNISON nationally and regionally in the Cymru/Wales
Region is recommending to government that the new
anti- discrimination legislation on sexual orientation
be extended to cover the provision of goods and services,
and the realisation of equality in all occupational pension
schemes for same sex partners. |
| 3.2.2 Alongside this new anti-discriminatory legislation
outlawing discrimination against lesbian and gay workers
is new legislation extending the provisions of the Disability
Discrimination Act l995, and new Regulations on Religion
or Belief Discrimination, accompanied by a new Code of
Practice. |
| The Employment Equality (Sexual Orientation) Regulations
2003 and the proposed Code of Practice which has yet to
be published offers to government a real opportunity to
champion the cause of equality for this excluded group.
The Regulations also offer an opportunity to identify,
examine and research the levels and extent of discrimination
being suffered by lesbians and gays across the UK. |
| The government regretfully has no proposal to require
any of the existing Commissions, the EOC, CRE or DRC to
oversee these new Regulations when they come into force
in December 2003. UNISON has been disappointed
that no regulatory or enforcement provision is being recommended
by government. |
| 3.2.2 UNISON Cymru/Wales recognises and
recommends to the Richard Commission that the Welsh Assembly
Government use its powers to make arrangements under S.l20
Government of Wales Act l998 to develop a new inclusion
of anti-discriminatory legislation in the following ways: |
| That the Equal Opportunities Commission in Wales is
provided with resources by the Welsh Assembly Government
to extend the EOC’s remit in Wales to include The
Employment Equality (Sexual Orientation) Regulations 2003,
and the proposed Code of Practice (to be published March
2003) by: |
| (i) providing advice and guidance to employers
and service providers on the impact and implementation
of anti-discriminatory legislation on sexual orientation,
and the proposed Code of Practice; |
| (ii) informing and supporting individuals who
complain of discrimination arising out of their sexual
orientation; |
| (iii) researching and developing best practice
and anti-discriminatory practices in employment; |
| (iv) by working in partnership with a wide range
of stakeholders, including trade unions as social partners
to develop anti-discriminatory workplaces in Wales; |
| (v) to work with the LGB Forum Cymru, and networks
for lesbian and gay workers provided by social partners
to support and empower lesbian and gay workers, their
employers and unions to tackle discrimination in employment. |
| 3.2.4. UNISON Cymru/Wales also recommends to
the Richard Commission that the Welsh Assembly Government
use its powers to make similar arrangements under S.l20
Government of Wales Act l998 to extend the CRE’s
remit in Wales to include the Employment Equality (Religion
or Belief) Regulations 2003 and the accompanying Code
of Practice by; |
| (i) providing advice and guidance to employers
and service providers on the impact and implementation
of anti-discriminatory legislation on religion or belief
and the proposed Code of Practice; |
| (ii) informing and supporting individuals who
complain of discrimination arising out of their religion
or belief; |
| (iii) researching and developing best practice and anti-discriminatory
practices in employment; |
| (iv) by working in partnership with a wide range of
stakeholders, including trade unions as social partners
to develop anti-discriminatory workplaces in Wales; |
| (v) to work with the REC’s, networks and
forums for black workers provided by social partners to
support and empower tackling of discrimination on grounds
of religion or belief in employment. |
| 3.2.5. UNISON Cymru/Wales recommends to the Richard
Commission that should the Welsh Assembly Government extend
the remit of the EOC and CRE in Wales, that regular reporting,
assessment, and monitoring of that be considered in the
Welsh Assembly Government’s meetings on Equality
of Opportunity as well as reported in the meetings of
each Commission. |
| 3.2.6 UNISON
Cymru/Wales also recommends that the Welsh Assembly Government
consider the early integration of a unified Equality Commission
for Wales to support and report on best practice on equality. |
| 3.2.7 UNISON
Cymru/Wales believes that one integrated Commission,
with a unified voice, as a new Equality champion and
new unified voice for Equality for the people of Wales
should be considered by the Welsh Assembly Government.
|
| 3.2.8 UNISON
Cymru/Wales has identified low pay and the effects of
poverty for low paid workers. The Equal Pay Act has been
in force for almost 30- years, yet there is still a material
difference between the pay enjoyed by male workers and
their female counterparts. |
| AGENDA FOR CHANGE: the new unified pay structure
for NHS workers has been developed to bring an end to
unequal pay in the NHS. |
| The Welsh Assembly Government has already used its powers
under S.l20 to identify discriminatory pay structures
for Welsh Assembly government employees and has recommended
Equal Pay Action plans to end discriminatory pay practices
to its Assembly Supported Bodies (WDA, et al). It can
extend its powers to include such a process to all public
sector bodies and providers of services. |
| UNISON Cymru/Wales recommends to the Richard Commission
that the Welsh Assembly government consider extending
those processes and requirements to all public sector
bodies and providers of services in Wales. |
| The Welsh Assembly Government can require that every
public sector provider of service to the communities of
Wales identifies and then action plan to tackle discriminatory
pay. |
| The financial implications of tackling unequal pay has
to be examined over the short, medium term and longer
term – but a new process of developing action planning
to end discrimination experienced in pay system impacting
on women working in the public sector in Wales would create
a ‘bottom up’ regeneration of our communities
across Wales. |
| UNISON believes that a requirement within the public
sector to action plan and undertake equal pay audits will
not only identify discriminatory pay structures which
adversely impact upon on women workers in Wales, but it
will uncover what UNISON believes are areas of
double discrimination being experienced by workers who
are from BOME communities. |
| It is only by identifying what is wrong, can we begin
to work together to make a difference. The Welsh Assembly
Government in partnership with its social partners can
then develop action plans for change to equalise pay between
male and female workers. |
| 3.3 Although there are various concordats in place between
UK and Welsh Assembly Governments concerning legislation
and consultation, there are no guarantees that these will
remain in perpetuity with different changes of government
and political persuasion. Therefore, the powers of the
Assembly need to be placed on a proper legal footing.
|
| 3.4 There is evidence of a lack of clarity in relation
to the exact responsibilities of Westminster and Cardiff
respectively. This is caused primarily by the method used
of transferring the powers originally held by the Secretary
of State for Wales to the Welsh Assembly, rather than
a rational approach covering each area of policy and responsibility.
The approach suggests political and administrative convenience
as opposed to one grounded in research and evidence. The
Assembly inherited a large number of statutory instruments
– many of which are contradictory and are in urgent
need of rationalisation and clarification. The procedural
complexities of the current arrangements and the lack
of transparency of the system does not encourage good
governance, and reinforces the points we have made earlier
in this submission particularly the negative images that
many Welsh citizens have on the ability of the Assembly
to make a difference to their quality of life. |
| 3.5 The Union believes that there
is a fundamental problem with a system of governance that
separates democratic accountability from the power to
levy taxation, as is currently the case with Welsh Assembly
Government. "The Welsh Assembly will be a beggar until
it can raise at least some of its income without seeking
someone else’s permission and without having to answer
save only to those who have elected the Assembly and who
will have to pay the taxes" and "with the right to tax
will come the necessity for the Assembly to look at both
sides of the balance sheet whereby the Assembly will acquire
greater responsibility and dignity". An ability to vary
the level of income tax, as is the case in Scotland, would
appear to have some attractions. |
| 3.6 Devolution offers the potential
for creating a new style of policymaking process –
one that is modern, inclusive, participatory and integrated
– and one that reflects the culture and the needs
of the population being governed. The case for additional
powers needs to be located and firmly grounded in a real
ability to make a difference and to have distinct policies
which meet the needs of Wales. UNISON has long argued
the case for properly funded, quality public services
through its Positively Public campaign. Additionally the
public sector needs to set an example to the rest of the
economy in promoting quality employment with decent pay
and conditions and the end of low pay. Contract compliance
and the eradication of the two-tier workforce would be
a significant and tangible example of the Assembly using
additional powers to make a real difference. The realisation
of such a distinctive new system would be greatly improved
by a more independent Civil Service, one that is accountable,
responsible, and has its allegiance to Wales, its people
and institutions. There is a case for development a new
breed of ‘civil’ or ‘public servant’
in Wales that is separated from the UK Civil Service and
we would commend this to the Commission. |
| 4. Further Information |
| Further information about this paper can be obtained
from: |
Howard Marshall
Senior Regional Officer
UNISON CYMRU WALES
3RD Floor
1, Cathedral Road,
Cardiff, CF11 9SB |
| Tel: 02920398333 |
| Fax: 02920220398 |
| E-Mail: h.marshall@unison.co.uk |
|
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