The Race Equality Duty

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The Race Equality Duty

• - Reflections and Lessons

2
Background

• Lawrence Inquiry loss of faith in the system
• Public authorities rebuild trust, demonstrate
  fairness
• Government commitment plan it out of the public
  sector
• Race relations Act as amended the legislative
  response
• Opportunity to factor equality into modernisation
  of public services

3
Elements

• A General Duty
• What it requires
• Listed public authoritiesshall have due regard
  to the need to
• Eliminate unlawful racial discrimination
• Promote equality of opportunity
• Promote good race relations
• What it Involves
• Proactive approach mainstreaming
• Key principles
• Obligatory relevance proportionality
  complementary
• Series of specific duties steps to achieving
  the General Duty

4
Elements

• Specific Duties
• Specific duties for main public bodies
• Prepare and publish a Race Equality Scheme
• List functions and policies relevant to race
• Set out arrangements to monitor
• Set out arrangement to assess and consult on
  proposed policies
• Publish results
• Ensure public access to information and services
• Train staff
• Monitor employment practices
• Varied set of specific duties for education
  institutions and schools
• Overall a framework for performance management
  of race equality

5
Experience So Far

• Specific duties enforceable in England and Wales
  May 2002 and Scotland Nov 2002
• CRE commissioned evaluation of year 1 in England
  and Wales and in-house evaluation in Scotland
• Similar findings across both studies
• Benefits identified in Schneider Ross study
  included
• Increased awareness in policy-making and service
  delivery
• Increased ability to develop good employment
  practices
• Increased ability to design and target policies
  and services
• 70 felt the duty to date has produced positive
  benefits

6
Experience So Far

• 3 groups of respondents the best the
  reasonable and those lagging behind.
• Barriers to progress identified in Schneider Ross
  included
• Resource allocation (approx. 60)
• Moving it into the mainstream (approx 60)
• Establishing it as a priority (45)
• Establishing ownership (38)
• Establishing leadership (19)
• Whilst barriers are real, not insurmountable.

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Modernisation and the Race Duty

• Public service modernisation provides context for
  a new conversation on race equality performance
• New opportunities mainstream race into core
  business
• New challenges light touch regulation fewer
  targets evidence base, etc.
• Shared objective - improving public sector
  performance
• CRE adapted its strategy to
• Take account of opportunities and prompt
  discussion of some of the challenges

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Modernisation and the Race Duty

• Some Key Elements of Modernisation
• Focus on outcomes
• Use of targets to drive performance
• Monitored by independent inspections
• Recognition of excellence matched by
  interventions
• Reliance on evidence base
• Devolution within overall national parameters
• Diversity of providers

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Modernisation and the Race Duty
Choice Services User need focus
Best Practice
Sustained Improvement
Rewards Assistance Consequences
1. High Standards
Modernisation Of Public Services
Modernisation Of Public Services
Accountability through Inspection
Tough targets Outcomes
Devolved Responsibility
Evidence Based policy
Flexibility, Diversity Incentives in work
Comparative Performance Data
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Progressing the Race Duty

• Opportunities created by modernisation of CRE
  Work
• Shifting the Language
• Terms of the debate has shifted
• Starting point is public services agenda
• Partnership
• To deliver mutual objectives
• Protected by independence backed by compliance
  powers

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Progressing the Race Duty CRE Approach

• Outcomes focus measurement of performance
• Work with Inspectorates
• Supporting good practice
• Working through strategic partners
• Strategic monitoring and enforcement.
• Reflect devolution in our approach
• Modernising funding of local organisations

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Progressing the Race DutyCREs Approach
Work with Government via RES
Work with RECS, TUs, etc
Strategic Enforcement
Surveying Performance reporting
1. Codes and Guidance
Delivery of Race Equality in the Public Sector
CRE Approach
Working With Strategic Agencies
Performance Guides Outcome Guides
Inspecting For Race Equality
Securing Performance Measures Data
Good Practice Networks
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Progressing the Race Duty

• The Challenges Encountered
• Reductions in targets when trying to get race
  included
• Sometimes lack of evidence base on race on the
  problem and what works
• Lack of 11 support to struggling agencies
• Perceived focus of race equality duty on process
  what required to do, rather than on delivery of
  outcomes
• Lack of clarity on what is expected on 3rd strand
  good race relations
• Challenges posed by outsourcing
• Climate of resistance to regulation
• Benefits v burdens
• Challenges in identifying failure and limited
  enforcement powers
• Public bodies pulled in different ways on
  equality agenda by different strands lack of
  joined-up approach

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Lessons for the FutureWhat We Might Do Better

• Real benefit in having cross strand duty
• Common and strand specific elements
• Some variable geometry of responsibilities
• Shift focus onto demonstrating what bodies
  deliver, not just what they do
• Achievements not arrangements
• Provide flexibility of routes to results
• Invest across the strands in defining what
  constitutes the end states for equality and good
  relations define outcomes
• Frame duties to clarify requirements and
  facilitate enforcement
• Overall appeal
• Innovative equality duty a route map to achieving
  appropriate services and successful diverse
  society
• Balancing the triangle of equality, difference
  and cohesion

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The Race Equality Duty