•    Those occupying the most senior roles within a public authority i.e. Chief Executive and Chairperson or equivalent sign off equality schemes and therefore they must be fully aware of and understand the implications of all of the commitments contained in their equality schemes, and apply the arrangements positively and continuously. 

•    Leaders should also seek assurances and ensure that other officers with Section 75 responsibilities do so too.

- For further information see What is an Equality Scheme?

•   Leaders must ensure that key Section 75 responsibilities and resources are allocated. This may include designating primary responsibility to a specific senior Board or staff member to ensure accountability for reporting on the delivery of the Section 75 statutory duties. 

•    Leaders should support equality staff in their role of providing expert advice and enable them to provide an internal challenge function to policymakers, at all levels in the organisation.

- Download our Model Equality Scheme (word doc)

•   Strong leadership is necessary within public authorities to ensure that the Section 75 statutory duties are integrated into core business activities of the public authority and put into effective and visible practice. 

For example, Section 75 objectives should be built into corporate and business plans, staff objectives, and in progress reports to senior managers. 

It is important that leaders ensure that equality scheme commitments, in this regard, are implemented. Most equality schemes have the following commitments:

•    ‘Objectives and targets relating to the statutory duties will be integrated into our strategic and operational business plans. 
•    Employees’ job descriptions and performance plans reflect their contributions to the discharge of the Section 75 statutory duties and implementation of the equality scheme, where relevant. The personal performance plans are subject to appraisal in the annual performance review.’  

It is also important that leaders ensure Section 75 is considered as part of a public authorities’ risk management systems and appropriate action taken, to ensure the statutory duties are implemented effectively. 

- Download our Model Equality Scheme (word doc)

•    The role of senior leaders is to ensure that both they and their staff are capable of attentively and continuously using the Section 75 tools in accordance with the commitments made in their Equality Scheme. 

•    Leaders need to ensure that equality scheme Section 75 training commitments are implemented and evaluated in a thorough and ongoing basis. With movement of staff and changes to roles and responsibilities, there will be a need for ongoing and refresher training for staff with Section 75 responsibilities e.g. policymakers, in order that they have the capacity to do their jobs.

•    Section 75 awareness training should also form part of organisational induction training. In addition, it is important that if training is commissioned from and delivered by a third party, that leadership of an organisation is satisfied that their equality scheme commitments are being met.

- For further information on Section 75 training commitments, see Chapter 5 of our Model Equality Scheme (word doc)

•    Leaders should promote equality assessments i.e. screening and/or equality impact assessments (EQIA) as necessary policy development tools to assist decision-makers to consider the equality and good relations implications of proposed policies; thereby enabling better decision making. 

•    Leaders should expect meaningful screening and EQIA assessments to be presented with each new or revised policy decision, including ‘high level’ or strategic policies. The level of scrutiny will be dependent on the relevance of the policy to equality and may include scrutiny by a Board, Senior Management Team, or Division. If meaningful equality assessment information is not provided, then decision-makers should ask for it. 

•    The equality assessments should be considered along with the policy proposals, so that decision-makers take the assessments into consideration at the point of decision making i.e. before a decision is taken.

Further information about screening:

•    Annex 1 of the Commission's Section 75 Guide for Public Authorities (pdf)
•    Short Guide to Screening and EQIA (pdf)
•    Screening: Frequently Asked Questions 

- For further information see our Guidance on Undertaking an EQIA

•    Senior managers and leaders should have systems in place to ensure they are satisfied with the quality and coherence of equality assessments (screening and/or equality impactassessments (EQIA)) undertaken, ensuring that the assessments are not simply a ‘tick-box’ exercise.

When making decisions based on such equality assessments decision makers should ensure that they consider the following:

•    Sufficient evidence: Decision makers need to have sufficient information to satisfy the statutory requirement to pay the appropriate level of due regard/regard. It is important that if various aspects of screening, like assessment of data and evidence (qualitative and quantitative), are delegated to less senior staff that decision-makers are then provided with this information to enable them to make the policy decisions. If this information is not provided, then decision-makers should ask for it. 

•    Promoting equality and good relations: Equality impact assessing are not only about checking that the proposed policy does not have adverse impacts, they also enables policymakers to identify and seek out ways to promote equality and good relations, for the Section 75 groups.

•    Whether the overall equality assessment is proportionate in its scope and depth and is relevant to the importance of the proposed policy in question.

•    Whether the equality assessment considered alternative policies or mitigation in order to address any potential impact or to promote equality of opportunity or good relations for any of the Section 75 groups.

•    Whether the policy maker consulted with Section 75 groups/individuals in line with Equality Scheme commitments.

•    Whether the proposals in the screening template/EQIA report for Section 75 monitoring of the policy are sufficient and address any data gaps.

For further information on screening go to:
 

- Annex 1 of the Commissions Section 75 Guide: Section 75 Guide for Public Authorities (pdf)
- Short Guide to Screening and EQIA (pdf)
- Screening: Frequently Asked Questions

- Further information see the Commission's Guidance on EQIA's

•   Public authorities must follow their equality scheme commitments in considering both duties and ensure that the equality and good relations duties are given the appropriate level of regard.

•   If a policymaker perceives, in certain circumstances, a tension between the two duties, it is important to note that both duties have to be discharged in all circumstances. What the Section 75 statutory duties provide is that the discharge of the good relations duty cannot be an alternative to or cannot set aside the equality of opportunity duty. 

- For further information on equality and good relations and the interrelationship of the two duties, download our Short Guide to Screening and EQIA (pdf)

•    Leaders Leaders should regularly and publicly communicate, with all stakeholders, the public authority’s commitment to the Section 75 goals of equality of opportunity and good relations, the benefits of the Section 75 duties in supporting good policy development and the potential positive impacts on people’s lives. 

•    Leaders should regularly communicate within the public authority the importance of all aspects of the implementation of the Section 75 duties including the gathering and use of Section 75 monitoring data, the undertaking of equality assessments (screening and Equality Impact Assessments (EQIA)) and as appropriate the undertaking of consultation exercises.

•    Leaders should ensure that all policymakers, across all the functions of a public authority, engage effectively with the Section 75 duties. Leaders should review quarterly screening reports and draft annual reports and consider the adequacy of these, ensuring that practices are challenged, as appropriate.   

•    The ‘equality function’ of the organisation, whether that is a dedicated equality officer or part of another officer’s role, should be actively supported by leadership of the public authority.  It is important that equality officers are enabled to provide an advice role to policymakers, a quality assurance role and an internal challenge function, where assessments may not be adequate.

•   There may be circumstances whereby a number of public authorities have responsibility for a policy or one has responsibility for developing the policy proposal and the other has a role in the implementation of that policy.  Both organisations may have responsibilities to equality assess that policy under Section 75.

•   Public authorities should share information and work collaboratively with other public authorities that may have some responsibility with regard to the policy being developed or implemented. 

- For further information see our Short Guide to Screening and EQIA (pdf)

•    A public authority’s equality scheme sets out its commitments in regard to consultation on equality assessments (Screening and Equality Impact Assessments EQIA).  Leaders should ensure these commitments are understood and adhered to by all policymakers within the organisation.

Where consultation is appropriate, as per scheme commitments it is important that:

•    Effective consultation with affected individuals and representative groups should begin as early as possible.

•    Information should be made available to ensure meaningful consultation, including detailed information on the policy proposal being consulted upon and any relevant quantitative and qualitative data.

•    Where equality screening identifies gaps in information, measures should be taken to obtain appropriate information, which may include effective engagement and consultation with those affected, on the equality impacts of proposed policies.

•    Leaders should encourage a culture of open and meaningful consultation and ensure that consultee feedback is appropriately considered as part of the decision-making process. Clear feedback should be provided to consultees in published equality assessment documents and these documents should set out what changes have been made to the policy, as a result of the assessment.

- For further information on consultation and Section 75 – see Chapter 7 of our Section 75 Guide for Public Authorities (pdf)

•    Senior leaders should ensure that there is transparency of the public authority’s equality considerations of proposed policies and that its equality scheme commitments are continuously fulfilled, in this regard. 

This involves the timely publishing of screening and EQIA exercises, screening reports and monitoring information. All of this information should be published in an open, timely and transparent manner, as per scheme commitments.  This timely recording of this information, will assist a public authority to demonstrate that it has paid the appropriate level of regard, when making decisions.

Leaders should ensure that their Section 75 action plans include action measures which:

•    Are based on robust, current and appropriate data (qualitative and quantitative) which is set out in an ‘audit of inequalities’ document.

•    Focus on impacts and outcomes on the promotion of equality of opportunity and good relations.

•    Are effectively monitored at all stages of implementation to allow for measurement and evaluation of progress on their delivery.

- For further information see our Audit of Inequalities advice note (Word doc) and our Section 75 Guide for Public Authorities pdf (Chapter 8, 'S75 Action Measures')