My Lords, I think that it is true to say that there have been unintended consequences in the way that equality impact assessments have been applied in some instances. The views just expressed by my noble friend are widely shared in some quarters. However, I associate myself with this amendment in an effort to reform what we understand by equality impact assessments and to bring to them a sense of balance. I also want to highlight their importance and not lose sight of why we had to have them in the first instance.
Of course, there has been change. The Prime Minister mentioned that these assessments would be done away with, and there has been discussion of changing the terminology used from “equality impact assessments” to “analysis of the effects”. We need to be clear about how terminology is used in decision-making. We should focus less on the production of a document and more on impact. That needs to be clarified. More clarification is needed on intentions because it seems that government policy is veering towards getting rid of these assessments. Are we to understand that there is no longer a wish to know in advance about the impact of policies on different groups of people? If so, that needs to be said clearly.
There are concerns that too much time is taken in conducting spurious or inaccurate equality analyses, and perhaps many people conducting analyses have not always understood them. Proposed new subsection (6A)(e) refers to,
“training staff in connection with the duties imposed by this section”.
There seems to be a bit of a gap between what is expected and what should be produced at the end of the process—what we are looking for as an end result. How can we be sure that government policies do not have the effect of treating some groups of people less favourably than others if there is no evidence of consideration of the likely impact on these different groups?
A recent review of government policy suggested that there was little evidence that the impact on people had been considered when plans and proposals had been circulated. Surely we do not wish to see a return to the situation that prevailed between the late 1970s and the 1990s, when the duty under Section 71 of the Race Relations Act was applied only to local government and not to other public services such as the police. It is important to recall for the record that it was not until the Macpherson report into the murder of Stephen Lawrence that the public sector equality duty was extended to all public authorities and private organisations contracted to deliver services. Asserting that equality is being considered is not the same as providing evidence. The way the evidence is produced may be contentious. I have no problem with it being more streamlined and sensible.
My final comment is to highlight something positive that took place in the past two years. The Equality and Human Rights Commission, using its unique powers under Section 11, conducted an impact assessment on Her Majesty’s Treasury, among other government departments, to assess the extent to which the Treasury had met its legal obligations to consider the impact of
the 2010 spending review decisions on protected groups. This was a really positive piece of work and I commend it the Committee—it is on the website and your Lordships can read it in the report. The work was embraced by the Government and government departments that have not done this before. It was a first instance; it had not happened under the previous Government and was the first report on this scale. It gave a set of recommendations for how to target spending to ensure more effective use of public money and greater fairness across government overall. It was a very significant work, so we have some good practice on how it can happen. I urge that we look at ways of reforming but retaining this very important legislation.
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