EQUALITY COMMISSION FOR NORTHERN IRELAND. Section 75: Equality Scheme Approval and Update. February 2016

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1 EQUALITY COMMISSION FOR NORTHERN IRELAND Section 75: Equality Scheme Approval and Update Background February The statutory equality and good relations duties apply to public authorities identified in Section 75(3) of the Northern Ireland Act. These public authorities, unless exempted, must have an Equality Scheme and Disability Action Plan. 2. Under Schedule 9 of the Northern Ireland Act 1998, paragraph 6(1) (2), the Commission has the power to approve an Equality Scheme or refer it to the Secretary of State (Appendix 1). Purpose of Report 3. This report seeks Commissioner approval for the Education Authority Equality Scheme. This Equality Scheme follows the Commission s Model Equality Scheme and is included at Appendix An update is also provided on those designated public authorities which are in the process of developing their Equality Schemes. 1

2 Section 75: Equality Scheme Approval and Update Background February The statutory equality and good relations duties apply to public authorities identified in Section 75(3) of the Northern Ireland Act. These public authorities, unless exempted, must have an Equality Scheme and Disability Action Plan. 2. Under Schedule 9 1 of the Northern Ireland Act 1998, the Commission has the power to approve an Equality Scheme or refer it to the Secretary of State. Where the Commission refers a Scheme to the Secretary of State, it shall notify the Northern Ireland Assembly that it has done so. For UK Government departments 2 the Commission shall approve the Equality Scheme or request the department to make a revised Scheme. No similar powers of approval in relation to Disability Action Plans exist under the Disability Discrimination Act 1995 (as amended by Article 5 of the Disability Discrimination (Northern Ireland) Order 2006). 3. A public authority s Equality Scheme provides the arrangements to enable the public authority to fulfil their statutory equality and good relations duties in a proportionate way in relation to those functions which are relevant to the duties. The arrangements should enable public authorities to fulfil their duties in accordance with the established principles of due regard/regard 4. The number of designated public authorities is not static, reflecting ongoing public sector organisational change as a result of, for example, the Review of Public Administration, the reorganisation within the housing sector, or other political developments. 1 Northern Ireland Act Schedule 9, paragraph 6 (1) (2) 2 Northern Ireland Act Schedule 9, paragraph 12 (1) (2) 2

3 5. There are currently 163 designated public authorities. Of these: a. 133 have an approved Equality Scheme. A further Public Authority (HMRC) is operating with a draft Equality Scheme. b. 8 public authorities have been granted an exemption and 2 further public authorities are requesting exemptions 3. c. The remaining (n:20) designated public authorities are in the process of developing, consulting, engaging with and seeking approval from the Commission for their Equality Schemes. This report seeks approval for the Education Authority Equality Scheme and provides an update on the development of Equality Schemes for the remaining (n: 19) designated public authorities. 4 Education Authority 6. The Education Authority was established on 1 April 2015, bringing together the five former Education and Library Boards and the associated Staff Commission for Education and Library Boards. 7. The Education Authority consulted on its draft Equality Scheme from 12 June to 28 August 2015 and provided the Scheme to the Commission on 1 October Commission staff have audited the Scheme and have engaged with the Education Authority to clarify any points. The Education Authority Equality Scheme largely follows the Model Scheme and is recommended to Commissioners for approval (Appendix 2). 3 Requests for exemption are considered by Commissioners using agreed criteria. 4 District Councils (n:3);district and Community Policing and Community Safety Partnerships (n:15) and HMRC 3

4 Local Councils 9. Under the Review of Public Administration, local Councils were reduced in number from 26 to 11. The 11 Councils were established on 1 April 2014 with each of the Councils submitting their new Equality Schemes to the Commission by end of Eight of the Council Equality Schemes broadly followed the Commission s Model Equality Scheme and were approved by Commissioners in March The Equality Schemes submitted by each of the three remaining Councils (Derry City and Strabane; Fermanagh and Omagh and Mid Ulster District Councils) broadly follow the Commission s recommendations with regard the Section 75 (1) duty i.e. to pay due regard to the need to promote equality of opportunity in relation to the nine equality categories. However, the arrangements provided for in each of the Council draft Schemes, with regard to the Section 75 (2) duty i.e. to have regard to the desirability of promoting good relations between persons of different religious belief, political opinion and racial group, were not clear. 12. Commission officers have been advising Councils in relation to the Section 75(2) duty and anticipate presenting submitted Equality Scheme(s) or an update on issues requiring clarification for these three Councils in March 2015 Policing and Community Safety Partnerships (PCSPs) 13. As part of the Review of Public Administration Policing and Community Safety Partnerships were also reduced in number from 26 to 15, to align with the new Councils. The new PCSPs came into effect on 1 April Section 75 of the Northern Ireland Act 1998 Equality Scheme Approvals Local Government March 2015, ECNI Commission paper EC/15/04/5 4

5 14. The Commission has been engaging with the new PCSPs to provide advice and guidance on their duties, with an event planned for PCSP staff and Council equality officers (March 2016). The PCSPs have been requested to submit their new Equality Scheme and Disability Action Plan to the Commission by 30 September It is anticipated that these Schemes will be presented for consideration by Commissioners in March Her Majesty s Customs and Excise (HMRC) 15. When HMRC was established (2005) there were ongoing discussions with the Commission as to whether HMRC was designated for the purpose of Section 75 (i.e. their functions in Northern Ireland). This matter was clarified by the Northern Ireland Office who confirmed that HMRC was designated for the purposes of Section HMRC prepared a draft Scheme during these discussions. A further draft Equality Scheme was consulted on by HMRC following clarification that HMRC was designated (February 2013). The Commission responded to this consultation and anticipated a final Scheme submission. Since this time there has however been a series of letters, meetings and phone calls between senior Commission officers and the HMRC and a revised Equality Scheme was sent by HMRC to the Commission (January 2016). 17. Commission officers are currently undertaking a detailed desk audit on this Scheme and an update will be provided to Commissioners in March Advice and Compliance 5