1 Equality and Human Rights: The First Decade of Devolution EHRC First Annual Lecture Dr Paul...
-
Upload
kayla-moss -
Category
Documents
-
view
222 -
download
0
Transcript of 1 Equality and Human Rights: The First Decade of Devolution EHRC First Annual Lecture Dr Paul...
1
Equality and Human Rights: The First Decade of Devolution
EHRC First Annual Lecture
Dr Paul Chaney
2
3
Institutionalising equality? Public policy Elections Law “Infrastructure” Political Representation Evaluating the First Decade?
4
Pre-1999
Welsh Office generally did not have responsibility for equalities matters
Mid-1990s CRE opens first office in Wales ‘women’s inequality in Wales comes together in an
underlying alienation of women from legislative institutions, in particular what can be perceived as male institutions, male agenda, male political methods …’ (Val Feld, 1994)
‘There is nothing to talk about’ (Former Secretary of State for Wales)
5
Govt of Wales Act (2006) s.77
6
Statutory Equality Duty
Broader in scope than GB equality statutes
Duty falls on Welsh ministers Applies to all government functions ‘Fourth generation’ equality duty Significant in reprioritising equalities in
public policy Internationally, equalities clauses found
in constitutional law of ‘regional’ governments
S.77 Unique in non-prescriptive phrasing
7
Chaney, P. (2008) Devolved Governance and the Substantive Representation of Women:The Second Term of the National Assembly for Wales, 2003–2007, Parliamentary Affairs, 83, 217-56.
8
Voluntary Sector Scheme
‘the goal is the creation of a civil society which: has a duty to promote equality of opportunity to all its members regardless of race, colour, sex, sexual orientation, age, marital status, disability, language preference, religion or family/domestic responsibilities’ (NAfW, 2000).
9
Scope of operation Forum heading WCVA classification
National
Regional
Local
Branch
Project
Total (Number of organisations)
% of whole sector1
60 72 1689 25 9 Gender
0.2% 0.3% 5.9% 0.1% 0.0%
1855 6.5
21 20 238 3 2 Men
0.1% 0.1% 0.8% 0.0% 0.0%
284 1.0
53 67 1476 24 7 Women
0.2% 0.2% 5.1% 0.1% 0.0%
1627 5.7
62 43 232 15 11 Ethnic minorities
0.2% 0.2% 0.8% 0.1% 0.0%
363 1.3
20 2 11 4 0 Refugees
0.1% 0.0% 0.0% 0.0% %
37 0.1
55 43 226 14 11 Ethnic minorities
0.2% 0.2% 0.8% 0.1% 0.0%
349 1.2
113 123 3512 17 7 Religion
0.4% 0.4% 12.2% 0.1% 0.0%
3772 13.1
113 123 3512 17 7 Religious organisations
0.4% 0.4% 12.2% 0.1% 0.0%
3772 13.1
154 168 1143 151 63 Disability
0.5% 0.6% 4.0% 0.5% 0.2%
1679 5.8
132 132 873 98 42 Physical disabilities
0.5% 0.5% 3.0% 0.3% 0.2%
1277 4.4
86 97 630 107 40 Learning disabilities
0.3% 0.3% 2.2% 0.4% 0.1%
960 3.3
163 140 2724 116 110 Children and Families
0.6% 0.5% 9.5% 0.4% 0.4%
3253 11.3
76 55 415 72 86 Family welfare
0.3% 0.2% 1.4% 0.3% 0.3%
704 2.5
133 119 2524 68 84 Children
0.5% 0.4% 8.8% 0.2% 0.3%
2928 10.2
140 142 2227 58 61 Youth
0.5% 0.5% 7.8% 0.2% 0.2%
2628 9.1
140 142 2227 58 61 Youth
0.5% 0.5% 7.8% 0.2% 0.2%
2628 9.1
TOTAL 692 688 11527 382 261 13550 47.1
Table 8.0. Details of Equalities –related Voluntary Organisations from the All Wales Database of Voluntary organisations (WCVA, 2008).
1 28,754 Organisations as at July 1, 2008.
10
Meetings when key topic discussed
Key topic Examples of Policy Discussions around each Topic in Ministerial Meetings
No. % Disability Concerns from voluntary sector about the availability of funding for implementation of new Strategy on
Disability and the Arts, discussion of implementation of recommendations around disability in WAG ‘Climbing Higher’ Sports Strategy, ‘there were voluntary sector provider concerns over therapy. Disabled children often could not access the relevant services.
16 36
Gender Minister updates voluntary sector representatives on WAG’s equal pay campaign, gender balance in the arts ‘the Minister assured the group that he would ensure that gender balance issues would be addressed in ASPB’s remit letters, including the collection of relevant gender statistics’,
18 40
‘Race’ / ethnicity
The voluntary sector expressed concern over schools awareness of diversity… ‘especially within schools with a low number of BME pupils who sometimes refuse to report racial bullying when it occurs’, discussion of funding for The North Wales Race Equality Network, discussion of WAG’s Race Equality Scheme,
13 29
Faith It was reported that WAG is represented on the Office for National Statistics Census Topic Group, discussion of faith in the Statistical Focus on Diversity.
3 7
Language Questioning minister whether EHRC will be covered by the Welsh Language Act’, discussion of how the Welsh Language could be better represented in the guidance for Communities First economic aid programme, ‘voluntary sector expressed an interest in how the principles expressed in "Iaith Pawb" [WAG’s Welsh Language strategy] are integrated into the Minister's portfolio’,
15 33
Sexual orientation
Minister discusses policy around homophobic bullying in schools, discussion of WAG support for sexual orientation amendments to UK Equality Bill (2005), Stonewall Cymru lobbying the Office for National Statistics for the collection of Sexual Orientation data,
8 18
Age ‘the Minister expressed concerns that the formalised structures of volunteer work and representation may not be the most appropriate for many of the children and young people in Communities First areas’,
10 22
Generic equalities
Government minister outlines departmental cross stand equality action plans, discussion of the need for improved equalities data covering Wales, discussion of the ‘Voluntary Sector’s views on the need for an equalities fund,
26 58
Figure 9.4. A Nexus for the Advancement of Equalities? Details of 45 Ministerial Meetings with Voluntary Sector Representatives 2003-07
11
Views of 3rd Sector Equality Organisations Mixed views on whether voices heard in policy
consultations/ effectiveness of lobbying Some children’s, older people’s, learning
disabilities, women’s orgs cited good policy influence
Others felt they were not always listened to – “not a partnership of equals”
Small orgs concerns ‘uneven playing field’ > bigger, better funded 3rd sector orgs greatest influence in policy circles
Increasing competition over access/ “dilution of influence”
Complexity of Welsh devolution settlement > challenge to some 3rd sector orgs
General acknowledgement: positive effect of new structures of engagement/ political recognition
12
Equalities and Public Policy (1). Plethora of equalities policy initiatives -
significant discontinuity with pre-’99. Prevailing political ideology a factor Raft of policies to promote participation of
children and young people in public decision-making
Significant broadening of the focus on equalities policies
Early years of devolution prone to ‘declaratory approach to equalities’
Today, some evidence of more sophisticated approach–more to be done before universal
13
Equalities and Public Policy (2). Policy innovation: e.g. Children’s/ Older People’s
Commissioners; Schools Councils Some evidence of devolved policies going beyond
approach seen at Westminster Variability between govt departments Creation of extensive range of all-Wales equalities
policies on topics – where, before constitutional reform, none existed
No. of policies set out aims in terms of universal entitlements/ rights
Redistributive approaches : e.g. state grants to promote equalities
Implementation Gap: Mixed evidence of policy outcomes
14
Equalities and Public Policy (3).
Significant levels of govt. funding to equalities-related orgs, projects, policy networks and forums
Some evidence of participatory approach to policy making
Scope for broadening circles of those outside govt engaged in equalities policy work
Need for further development of expertise & participation of NGOs / private sector on equalities and human rights in the devolved context.
15
Politics, Parties and Elections Distinctive policy agenda, in
part, stems from Wales-only Assembly elections Increasingly, equalities area of electoral competition Political parties issuing equalities ‘mini-manifestos’ Civil / civic society orgs issuing own manifestos (e.g.
Cerebral palsy org. called on govt. ‘banish disablism’ through public procurement)
Alliances of equalities NGOs issuing manifestos on single policy issues (e.g. free home care for disabled people, child poverty etc)
Alliances of equalities NGOs issuing manifestos on all aspects of equality (e.g. Welsh Equality Reference Group)
Effect? Some evidence of parties/ candidates signing up to adopt 3rd sector orgs proposals (e.g. Refugees’ org/ ‘One Wales’)
16
Incidence of ‘equality’ / ‘equal opportunities’
Incidence of ‘women’ / ‘gender’
Country/ Province
Party
2003 2007 2003 2007
Examples of Gender Equality Policy Statements - 2007
Scottish National Party † 15 10 3 5 ‘In government we will pull together the different strands of equality legislation under our control to deliver an integrated equality strategy’ (p.66).
Scottish Conservative Party
1 0 0 1 -
Scottish Liberal Democrats† 3 14 3 6 ‘Mainstreaming equality across every area of government is an important agenda that must move forward. We are committed to producing an annual report on the progress on mainstreaming equality as part of this process’ (p.57)
SCOTLAND
Scottish Labour* 2 16 4 8 ‘A commitment to social and economic equality is perhaps the most fundamental of Scottish Labour’s values. Tackling prejudice, intolerance and discrimination will always be one of our main priorities’ (p.80).
Sinn Féin*† 102 69 48 43 ‘Use public procurement contracts to deliver equality and inclusion’, (p.7). Northern Ireland Women's Coalition*
5 - 8 - -
Democratic Unionist Party 15 2 4 0 ‘We will strive to ensure genuine equality for all including equality in funding’ (p.6)
Ulster Unionist Party* 2 4 1 13 ‘Ulster Unionists want to create opportunities for women of all ages, providing them with genuine choices, and equipping each to reach their potential’, (p.25).
NORTHERN IRELAND
Social Democratic and Labour Party (SDLP)
68 26 2 5 ‘Equality and Human Rights are not just slogans – they are a part of our founding philosophy’ (p.42).
Plaid Cymru- the Party of Wales*†
23 8 5 9 ‘We will give a new impetus to the National Assembly’s duty to promote equal opportunities and will seek devolution of statutory responsibility for equality and full legislative powers over the child protection system’ (p.31).
Welsh Conservatives 2 10 1 1 ‘Welsh Conservatives would look at the feasibility of ending compulsory retirement in the public sector by 2011’, (p.25).
Welsh Labour*†‡ 24 3 19 1 ‘Action will be taken to address inequality in performance [in education], particularly by boys and some ethnic minority groups’ (p.22).
WALES
Welsh Liberal Democrats*† 11 14 5 13 ‘The commitment to equality of opportunity is intrinsic to our approach to public policy, and building a fairer, better-educated, inclusive and prosperous Wales’ (p.40)
Table 8.2. Gender Equality: Content Analysis of Party Manifestos in the Devolved Elections 2003 and 2007.i i Key: †Manifesto has dedicated section on equality and/or women; or, ‡ separate, dedicated ‘mini-manifesto’ on equalities issued.
17
Equalities Law in Wales Creation of distinctive legal framework on
equalities in Wales Move towards increasing use of ‘hard policy
enforcement mechanisms’ General lack of awareness of legislative
dimension Pre-2007: founded on secondary legislation Regulatory Impact Assessments (inc. S.77
compliance) required for all Welsh subordinate legislation
Result of legislative dimension to devolution in Wales, Scot. & N. Ireland = different legal rights, means of redress and welfare entitlements apply in the countries of the UK
18
School Government (Terms of Reference) (Wales) Regulations (2000)– Places legal duties on governing bodies and head teachers to
exercise their functions with due regard to the promotion of equal opportunities and good relations
The Education (Assembly Learning Grant Scheme) (Wales) (Amendment) Regulations (2002)– To enable persons to undertake FE / HE courses by providing financial assistance in or
towards meeting the cost of childcare incurred in consequence of their attending such a course
The Education (Induction Arrangements for School Teachers) (Amendment) (Wales) Regulations (2004)– Requires public bodies to have greater consideration of mat/ paternity leave etc. in induction
arrangements for school teachers The Single Education Plan (Wales) Regulations (2006)
– Education authorities’ Plans must contain a statement of the overall strategic vision and values in discharging their education responsibilities, having regard to equality legislation
The Local Authorities (Model Code of Conduct) (Wales) Order (2008)– LA staff: ‘You must —(a) carry out your duties and responsibilities with due regard to the
principle that there should be equality of opportunity for all people …’
19
Equalities Law in Wales Post- ’07 primary lawmaking powers –
(Measures via LCO process) has significant potential for increasingly divergent equalities law
Each of the first five proposed Assembly Measures (2008-9) dealt explicitly with an equality-related topic
(Legislative Competence) (Welsh Language) Order (2009) – potential duties cover parts of private/ vol. –sectors – as well as public sector
Equality Bill (2009) allows Welsh ministers to powers to impose specific equality duties on certain public authorities in Wales– And, ‘impose specific duties in relation to the devolved
Welsh functions of the cross-border authorities’
20
The Case for Full Lawmaking Powers Complexity & opaque nature of NAfW’s powers undermines
EC principles of good governance Survey of 1,000 members of equalities NGOs – uncertainty
over powers may limit engagement with NAfW/ WAG Analysis of NAfW Equality Committee Transcripts 2006-8 –
approx. half of meetings e.g.s of frustration/ uncertainty stemming from limitations or lack of clarity over powers
“I would like some clarity” (24.01.2007); “The trouble is that, as you quite rightly said, most of this is not devolved to us” (28.02.2007); “What powers does the Assembly have…?” (12.04.2007); “This is a cause for concern ... I am not sure with whom the responsibility lies for this. Can you help us?” (18.05.2007).
Full lawmaking powers would limit Westminster constraints on devolved equality policies
LCO process gives Westminster potential veto over WAG legislating on manifesto commitments
21
Human Rights ECHR enshrined in GOWA s.81 Limited evidence of policy divergence on HR WAG commitment to UNCRC ‘Children and Young
People: Rights into Action’ (2004) Requirement: ‘learners to explore their rights’ in in
line with UNCRC in National Curriculum Orders (WAG, 2008)
Progressive measure: UNCRC enacted into secondary legislation relating to the creation of Office of Children’s Commissioner for Wales
Social Welfare and Other Fields LCO (2008) offers potential to embed UN HR conventions etc into devolved policymaking/ service delivery
Growing legislative dimension to devolution in Wales leading to increasingly distinctive Human Rights framework
22
Equalities ‘Infrastructure’ Significant development of the Welsh state
“equalities infrastructure New dedicated Wales-only bodies e.g. Welsh
Commissioners for Children and Older People Devolved structures of Equality and Human
Rights Commission
Advice Provision– New bodies (e.g. EHRC Wales, CAFCASS Cymru)– Overall picture = growing capacity; also of uneven
provision– issue - extent to which advice provision coordinated
across ‘strands’/ human rights/ the public, private & voluntary sectors
23
Women’s Political Representation
Demand for descriptive representationfor groups traditionally marginalized in politics
Women’s representation - significant progress Analysis of gender dynamics of plenary debates
the importance of descriptive representation Probabilistically women more likely than men to
advance the substantive representation of women
Women more likely to initiate debate on equality
Women more likely to advance gender equality in ministerial intervention in debate
Key role of “equality champion” “Situated knowledge” Future progress not assured – key role of
political parties
24
Debating Term
Female
Male
% All references to
Topic % All references to Topic
Childcare 64.7 35.3 Domestic Violence 70.2 29.8 Equal Pay 68.0 32.0 ‘Women’s Issues’ 77.8 22.2 Equality 52.2 47.8 All 59.8 40.2
Table 1. The incidence of key terms featuring in political debate recorded in the Official Record of the first term of the National Assembly for Wales 1999-2003
Chaney P, (2006) Critical Mass, Deliberation and the SubstantiveRepresentation of Women: Evidence from the UK’s Devolution Programme, Political Studies, 54, 4. 671-91. ISSN 0032 3217
25
Has Devolution Delivered on Equalities?
Issues around scrutiny of govt. policy Variability between govt departments/ policy
areas regarding the promotion of equalities. Gaps and limitations in official statistics Early years:
– A ‘disconnect’ between the aim of mainstreaming and government actions.
– An emphasis on bureaucratic processes associated with government equalities initiatives rather than the results that they achieve
– Absence of a systematic and robust process of setting equality targets accompanied by rigorous scrutiny and monitoring of whether policy goals have been met
Greater progress needed in increasing no.s / capacity of NGOs etc to engage in equalities policymaking
26
Has Devolution Delivered on Equalities? Devolution has had positive impact Institutionalising of equalities
in constitutional law, governance structures and procedures > enabling context > full potential yet to be realised
Plethora of public policy initiatives > a major discontinuity with past
Innovative e.g.s of post-devolution equality policies
Variety of approaches: rights, recognition, redistribution, representation, positive action + mainstreaming
Participatory dimension to policy making Increasing legislative dimension to promoting
equalities Further step in end of universalism in social policy