Equality Impact Assessment - How might this affect you?

EMPLOYMENT / PENSIONS

Equality Impact Assessment - How might this affect you?

Adam Brett discusses a Public Authority's obligation to conduct equality impact assessments.

Equality Impact Assessment - How might this affect you?

Article 75 of the Northern Ireland Act 1998 (the Act) imposes a duty on Public Authorities to screen policies and on occasion to conduct an Equality Impact Assessment (EQIA), involving public consultation, prior to changes in public policy. Increasingly Authorities may seek to pass on obligations to private contractors. Members of the public or businesses who are affected by policy changes can sometimes complain if these are introduced without an appropriate EQIA.

The Obligation

Section 75 requires that a Public Authority shall in carrying out its functions relating to Northern Ireland have due regard to promoting equality of opportunity between persons of different religious belief, political opinion, racial group, age, marital status or sexual orientation; between men and women generally; between persons of a disability and persons without; between persons with dependents and persons without. There is a further obligation to have regard to the desirability of promoting good relations between persons of different religious belief, political opinion or racial group.

Under Schedule 9 of the Act Public Authorities have to create and submit to the Equality Commission schemes showing how they propose to fulfil the duties. The schemes require the Authority to state its arrangements for assessing and consulting on the likely impact of policies adopted (or proposed) and for monitoring any adverse impact of the policies adopted by the Authority. Bearing in mind guidance from the Equality Commission, Authorities need to screen proposed changes in policy and, where appropriate, conduct an Equality Impact Assessment. An EQIA involves the production of a report identifying potential issues, consultation with the public and with interested bodies and identification of any issues arising from that consultation. In practice the process can often take anywhere from 6-12 months.

Contractors to public authorities

Public Authorities, being mindful of their obligations, are increasingly writing into contracts with private business clauses designed to ensure that the private sector is adhering to the Authority's policies where services are delivered through the private sector. In addition on large contracts such as PPP/PFI projects, Authorities are increasingly seeking detailed information from potential participants about their own equality policies and employment histories. If you are bidding for work from any Public Authority then you should expect that you may be asked for copies of relevant policies, or for information to support the Authority.

Complaints

Sometimes clients come to us with complaints about changes in policy introduced at short notice and without consultation. Where there are changes without an EQIA by an Authority, and where there is or may be an impact on equality of opportunity between the various groups or the desirability of promoting good relations then it may be possible to complain about a failure to conduct an EQIA in accordance with the Authority's own scheme. The advantage of this method of complaint over Court proceedings such as judicial review is the relative informality and low cost. The process is straightforward. You must initially bring the complaint to the notice of the Authority in writing and give it an opportunity to respond. In the absence of a satisfactory response, you can complain in writing to the Equality Commission setting out the nature of the complaint and the way in which you claim to have been affected. The complaint will be considered by the Equality Commission which may decide to investigate under its procedure. If the Equality Commission considers that there has been a failure it can make recommendations, which can be difficult for an Authority to ignore. The complaint needs to be about failure to consult on a change of policy and not just the application of that policy.

Adam Brett is a Partner in the firm's Litigation Department specialising in employment and equality work. He advises a range of public authorities about compliance with equality schemes, as well as businesses and individuals about failure to comply.

Adam can be contacted at adam.brett@lestrangeandbrett.com

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