Race & Equality Impact Assessment

Background

A race equality impact assessment is a statutory requirement for certain public bodies under the Race Relations (Amendment) Act.

A full equality impact assessment considers not only race, but also other existing and emerging legislation relating to priority equality groups.

There is a statutory duty for certain public bodies to ensure equality of opportunity in employment and service provision as well as compliance against the requirements of the statutory framework covering the priority groups.

The purpose of an equality impact assessment is to identify where a proposal could impact on any of the priority equality groups of disability, age, faith, gender, race, sexual orientation or economic deprivation disproportionately. If so, then there is potential for discrimination.

Equality is a developing area of law in which a detailed understanding of the statutory requirements is still emerging and where ‘tests of reasonableness’ in many cases, such as disability, are currently being set in the courts.

Relevant legislation includes:

• Disability Discrimination Act 1995 / 2003 / 2004 (Part 3 ‘Access to goods, services and facilities’ now includes ‘removal of physical barriers’)
• Race Relations Act 1976
• Race Relations (Amendment) Act 2000
• Sex Discrimination Act 1975 / 1986 / 1999 / 2003
• Equal Pay Act 1970 / 1983 / 2003
• Employment Equality (Sexual Orientation) Regulations 2003
• Age (Employment) Regulations (Oct) 2006
• Human Rights Act 1998 / 2000

Early consideration of likely equality issues and an understanding of the expectations of stakeholders and approving bodies is recommended.

Involvement of disabled people in design development of publicly funded projects is a statutory requirement from December 2006.

Service Requirements

An ‘Initial Screening’ will determine whether further assessment is required. If so, a methodology must be devised that is systematic and transparent and that involves the relevant stakeholders.

Only one major EqIA, on Crossrail, has been completed. The key steps can be summarised as:

• Initial Screening;
• A full EqIA (depending on the outcome of the screening exercise);
• Develop and agree methodology;
• Data gathering;
• Identify priority group representatives and stakeholders;
• Identify likely impacts;
• Consult;
• Undertake assessment;
• Propose mitigation measures; and
• Produce and publish report.

Benefits

• Understanding the customer’s needs and the local market;
• Improved quality of the proposals;
• Demonstrating public interest, in all its diversity (which should be at the heart of proposal development);
• Social inclusion;
• Increased public confidence;
• Lower likelihood of objection; and
• Reduced risk of legal challenge.

Key References:

• Commission for Racial Equality
• Disability Rights Commission
• Equal Opportunities Commission
• Diversity in Action in Local Government

Contacts

For further details regarding our services, please contact us on 0207 394 3700 or enquiries@templegroup.co.uk