Threat to Welsh equality duties

There are just 5 days left for organisations and individuals in Wales to tell the UK Government that “equality’ isn’t red-tape but a fundamental requirement of a fair society.

Nearly a year ago, Home Secretary Theresa May announced a review of the part of the Equality Act 2010 that requires public bodies to have “due regard” to equality in the provision of services.  The idea was that, when deciding how to allocate council housing, say, or which social care services to cut, public bodies would have to demonstrate that they had taken account of the needs of people with protected characteristics.  That the review came out the UK Government’s “Red Tape Challenge” should indicate that the review is not looking to strengthen the provisions of the 2010 Act.

The closing date for submitting evidence is 19th April 2013.  

The review not only includes the GB-wide general equality duty, but also looks at the specific duties that are devolved to the Welsh Government.  However, the review’s steering group does not appear to include any member with a remit for Wales, nor, despite the claim that the review will seek evidence from stakeholds in devolved nations, does there seem to have been much active engagement.  (Happy to be put right on this however).

The risk is that if the general equality duty is removed then the Wales-specific duty will fall as well.

As well as the general, GB-wide equality duty on public bodies, there is an additional, Wales-specific duty on devolved public bodies. Welsh Ministers can (and indeed do) set out additional requirements on local authorities, health boards and so on, so that, for example, Welsh public bodies have to address the gender pay gap and publish a strategic equality plan inlike their English counterparts.  But if that part of the Equality Act that specifies the general duty is removed, then the Welsh duties will go as well. Like it or not, Welsh Ministers would lose power over equality in Wales.

The public sector equality duties are far from perfect, with many feeling that they encourage a tick-box approach and don’t mainstream equality issues. But they’re all that there is at the moment, and having been in place for just two years it is, frankly, simply too early to say if they really are a burden or have no impact.

It is vital that organisations from Wales submit their views.

The review needs evidence on the equality duties including evidence from organisations in Wales. Don’t wait – the deadline is 19th April!  The Assembly Committee on Communities, Equality and Local Government is conducting a short review of the future of equality and human rights.

More information about the Public Sector Duty review is here.

The Equality and Diversity Forum has a useful briefing and template for responses here.

Victoria Winckler is Director of the Bevan Foundation.