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Demonstrating constructive leadership
Leadership and delivery provided at the highest levels in a public dominance, by the Minister and Permanent Secretarial assistant or the Chair and Chief Executive, are critical to the successful implementation and achievement of the intended outcomes of the Department 75 duties. The role of Management Boards and Senior Direction Teams are also essential in ensuring that a meaningful and effective approach to implementing the Section 75 duties is adopted across the organization. Leaders should ensure that consideration of the Section 75 duties is integrated throughout all the public dominance'southward functions. In addition to ensuring that its legal requirements are met, this should complement its outcomes based accountability approach, profitable it to focus on improving the outcomes for its service users and employees. A public authority should be in a position to openly demonstrate its compliance with all of the commitments in its Equality Scheme and that it is paying the appropriate level of regard to the need to promote equality of opportunity and the desirability of promoting good relations. Demonstration of such commitments past a public say-so and individual determination-makers may be required in instances where individuals complain that the authority has failed to comply with its Equality Scheme; where the Equality Commission is conducting an investigation; or, indeed, in the circumstances of a Judicial Review.
Downloadable publications:
- S75 Leadership Checklist (pdf, 1.3mb)
- S75 Demonstrating Effective Leadership - Total Guidance (pdf, 624kb)
- S75 Demonstrating Effective Leadership - Cocky Audit Checklist (Word doc) - New
Local Authorities publications:
- S75 Leadership in Local Government Checklist (pdf, one.3mb)
- S75 Demonstrating Effective Leadership in Local Government - Full Guidance (pdf, 850kb)
Related information
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Acting on the evidence of public authority practices
The Equality Commission's report 'Acting on the evidence of public authority practices' (July 2018) identifies a number of issues which it believes are key to the effective implementation of the Section 75 duties by public authorities and presents recommendations which volition assistance them to fulfil their statutory equality and good relations duties.
What are public authorities required to do?
Public regime need to consider equality in all aspects of their system. This includes how they plan and deliver a service, to policies on employing people, enforcing the law, buying services, approving budgets and regulating others.
Integrating equal opportunity principles and practices from the kickoff ensures that equality considerations are mainstreamed and built into the policy evolution procedure from the commencement, rather than being bolted on at the terminate. Mainstreaming can help improve methods of working by increasing a public dominance'due south accountability, responsiveness to demand and relations with the public.
Section 75 requires public authorities to have due regard for the need to promote equality of opportunity between:
- persons of different religious belief, political opinion, racial grouping, age, marital status or sexual orientation
- men and women generally
- persons with a disability and persons without
- persons with dependants and persons without
The promotion of equality of opportunity entails more than than the elimination of discrimination. It requires proactive action to promote equality of opportunity and encourages public authorities to have action to accost inequality amid the groups listed higher up.
Public authorities must likewise have regard for the desirability of promoting good relations between persons of different religious belief, political stance or racial group. The Commission emphasises that the good relations duty embraces and extends beyond the religious / political dimension of 'community relations'. Consideration of the needs and interests of all minority ethnic groups is as well of import in this context. Public authorities must recognise the inter-dependence of equality and adept relations. It should be noted that both duties have to be discharged in all circumstances.
- For further information on promoting good relations, download our Full Guide (pdf) or Summary Guide(pdf).
Section 75 data: using evidence in policy making - signposting guide
The NI Executive's,'Practical Guide to Policy Making In Northern Ireland'provides advice for those working on developing or reviewing policy to ensure that policy is bear witness-based, focused on outcomes, forward looking, 'joined upwards' and meets Northern Republic of ireland requirements. We accept produced a new guide which provides signposts to Section 75 information sources, to assist those working in this area to ensure that their policy making is bear witness based and complies with their Section 75 requirements in this regard. The guide was developed in partnership with NISRA and aims to be a starting point for those policymakers who are not sure where to expect for Section 75 data relevant to the policy/conclusion they are equality assessing or monitoring. Download
- Section 75: Using Testify in Policy Making - a signposting guide(pdf) -NEW
Resources post-obit launch event webinar (20 Jan 2021)
- Full recording of online launch consequence featuring all presentations (Youtube video)
- Presentation past Patrice Hardy, Equality Committee NI (powerpoint, 4.9mb)
- Presentation by Eileen Crone, NISRA (Youtube video)
- Presentation by Dr Estelle Lowry, NILS(video)
- Presentation by Deborah Howe, Equality Commission NI (powerpoint, xi.5mb)
- Accessing NISRA Population Level Section75 Information (pdf)
What is an Equality Scheme?
To implement their Section 75 statutory duties, public authorities are required to submit an equality scheme to the Equality Commission. This is a statement of delivery to fulfilling their Department 75 duties. It is a program setting out how they are going to ensure that equality and good relations are promoted in everything they practise. All equality schemes must suit to the Commission's guidance. Run across Chapter 6 of our
Do Equality Schemes need approval?
Yes, the Equality Commission uses an Equality Scheme Desk Audit Form (word md) to assess statutory requirements for equality schemes and we use the results to decide whether the schemes should be approved or non.
Downloadable publications:
- Model Equality Scheme (give-and-take medico)
- Guide for Public Authorities (pdf, 214kb)
- Department 75 - An outline guide for Public Government(pdf)
- Guidance on conducting a 5 year review of an equality scheme (pdf,134kb)
What is Screening?
Screening identifies policies that are probable to have an touch on equality of opportunity and helps to describe considerations of equality of opportunity into the policy making process. It is important that public authorities commit to screening at the start of the policy development process, rather than when the policy has been established. This helps to place whatever policies that are likely to have major equality issues, and if so, they must be subject to a full equality impact cess (EQIA).
When there is ambiguity, the public authority must consult on whether the policy should be subject to equality impact cess and all such policies must be incorporated into the public authority's EQIA timetable as appropriate to their priority.
What is an Equality Impact Assessment (EQIA)?
If screening identifies that a policy has major potential to impact on equality of opportunity and good relations, then information technology should be subjected to a more detailed analysis - an Equality Impact Assessment (EQIA). This means if a policy shows a possible 'adverse bear on' on any group, the public authority must consider how this might exist reduced. This would include how an culling policy might lessen this effect and serve to promote equality of opportunity.
Public regime should allow a 12 weekconsultation period in order to assess the views of those who will exist affected past policy decisions. This will help to enhance awareness of issues and problems that policies may pose for various groups which may not otherwise be discovered. The results of all equality impact assessments must be published.
How should S75 be implemented?
Strong leadership is necessary inside public authorities to ensure that the Section 75 statutory duties are integrated into core business organisation activities and put into constructive and visible practice. Effective implementation should be assured by ongoing tiptop-level commitment, allocation of necessary resource, institution of clear lines of responsibleness, constructive communication and preparation, and a process for monitoring and ensuring progress. At that place are a range of factors that should exist considered when implementing the Section 75 statutory duties:
- Audit of Inequalities
- Action measures and outcomes
- Assessment of equality implications
- Consultation
- Complaints and investigations
- Monitoring
- Annual Progress Reports
- V year review of equality schemes
Commitment to all of the requirements and recommendations in ourGuide for Public Authorities (pdf, 214kb) should have a real and tangible affect on reducing inequalities that exist for people within Northern Ireland.
Investigations
The Equality Commission has powers (under paragraph ten and eleven of Schedule ix of the Northern Ireland Deed) to investigate complaints that public authorities have failed to comply with their equality schemes from people who are direct afflicted by such failure, and we can likewise initiate such investigations. Read more well-nigh ourinvestigations process
Covid-19 related policies and Section 75 duties
Paul Oakes, Director of the Equality Commission's Advice and Compliance team provides advice for public authorities on developing and implementing Covid-nineteen related policies in line with Section 75 duties.
- View the webinar on YouTube
- Download the slides in pdf format
- Read our guidance: Section 75 duties when developing Covid-19 related policies
Recommended reading:
- Section 75 duties when developing Covid-19 related policies (pdf) - New
- Section 75: Using Bear witness in Policy Making - a signposting guide (pdf)
- Effective Section 75 Equality Assessments: Screening and Equality Assessments (pdf, 409kb)
- Guidance on conducting a v year review of an equality scheme (pdf,134kb)
- Advice on Skilful Relations in Local Councils (pdf)
- Public sector equality and disability duties - a short guide (pdf, 64kb)
- Department 75 and budgets: a short guide for public authorities (pdf, 475kb)
- Department 75 - An outline guide for public authorities(pdf, 226kb)
- Guide for public authorities (pdf, 214kb) - Screening Template (Editable Discussion Physician)
- See the full listing of designated public government(pdf, Nov 2021)
Public Authority statutory duties - template and guidance:
- Public Authorities almanac progress report template 2018-19(Word md, 50KB)
- Public Authorities almanac progress written report - Guidance (pdf)
See 'publications tab' above for our full range of Section 75 publications
< Public Authorities
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Source: https://www.equalityni.org/S75duties