My Lords, I am grateful to all noble Lords and to the noble Baroness, Lady Thornton, and my noble friend Lady Hussein-Ece. I will explain my views on their amendment. I am grateful to them because it provides me with an opportunity to respond to some points which are important in this wider debate about equality impact assessments and the public sector equality duty.
Before I get into that, let me say from the start that this Government have a strong commitment to establishing a strong, modern, fair Britain which is built on two key principles: equal treatment and equal opportunity for all. The equality duty was designed to ensure that the needs of people are taken into account when public bodies develop, change, implement or review a new policy or service.
The amendment was discussed in Committee and, as has been explained by the noble Baroness, Lady Thornton, seeks to impose a number of processes on public bodies in addition to the central requirement to have due regard to the three main aims of the equality duty when exercising their functions. Some of the requirements it seeks to impose are already an integral
part of the process of complying with the public sector equality duty. Having due regard to the equality duty when exercising their public functions is the legal duty on all public bodies. Let me be clear; that has not changed, nor has the requirement to be able to demonstrate that it has happened. For example, the proposal for public bodies to assess and monitor the likely impact of their proposed and actual policies is already required, while the requirement to publish the results of such assessments is caught by the requirement in the specific duties to publish information to demonstrate compliance with the duty. These requirements include considering the need to eliminate unlawful discrimination, advance equality of opportunity, and foster good relations between people with different characteristics. Public bodies are also required to publish information at least annually to show how they have done this, and to set at least every four years equality objectives that will promote these aims. There is therefore already a thorough requirement on public bodies to have due regard to the public sector equality duty.
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In his speech to the CBI last year, to which the noble Baroness, Lady Thornton, and my noble friend Lady Hussein-Ece referred, the Prime Minister was calling time only on the equality impact assessment process, which seemed to have become meaningless around Whitehall. He was not calling time on the duty to have due regard to equality in decision-making itself. Indeed, I referred in Committee to “reverse-engineering” where it was clear that departments had sometimes not considered equality as they made a decision, but used the form at the end of the decision-making progress to justify that decision. My noble friend Lord Deben in Committee referred to an example of a local authority taking matters too far to the other extreme and, perversely, being proud that it had done so because, for the local authority, it had demonstrated its commitment. I am grateful to my noble friend for his comments today and for expressing eloquently and powerfully, as he always does, why greater prescription on the equality impact assessment would have a detrimental effect on the way that we expect bodies to carry out this duty, and the ultimate outcome that it exists to achieve.
There are examples in case law that demonstrate that the courts have found a lack of due regard to equality in instances where an equality impact assessment has been produced. The fact that this has happened shows that some public bodies have done no more than do what we all say we do not want—a tick-box process.
I turn now to the review of the public sector equality duty, which the noble Baroness, Lady Thornton, asked about in particular. It is important to be clear on this. This is a review of how the duty is operating. In other words, is it delivering what was intended? It is not a review of whether public bodies should have due regard for equality when exercising their functions. To be clear, this is about how they have, not whether they should have, due regard to equality. It is vital to review our approach in this area to ensure that it is delivering as effectively as it can what all of us believe in and want: the achievement of equality and fairness, and
that the elimination of discrimination as policy is made and services designed. My noble friend Lord Deben was eloquent in explaining why that is so important.
The review will explore the impact of the duty in terms of costs, burdens and benefits, and recommend what changes, if any, would ensure better equality outcomes in a non-bureaucratic way. The review is being overseen by an independent steering group, chaired by Rob Hayward, who, among other things, is a trustee of Central YMCA and an adviser to the Terrence Higgins Trust. The steering group is made up of senior figures with experience in public sector delivery, including the noble Baroness, Lady O’Neill, in her capacity as the chair of the Equality and Human Rights Commission.