|
| Comhairle nan Eilean Siar | Policy Documents | Race Equality |
RACE EQUALITY SCHEME
Introduction
Comhairle nan Eilean Siar is a local authority incorporated under the Local Government (Scotland) Act 1973, having its principal offices at Sandwick Road, Stornoway. Like other Scottish local authorities, the Comhairle is a “most purpose” authority, with duties and powers covering a wide range of activities.
The ethnic minority population of the Western Isles is very small, recorded at the 2001 Census as less than 0.7% of the total Western Isles population. However, the Comhairle recognises its responsibility towards all citizens of the Western Isles and is committed to maximising oportunities for every individual. Along with its Community Planning partners, the Comhairle has developed 15 Themes of Sustainability for the Western Isles, one of which states:
‘People live without fear of crime, persecution or discrimination because of their personal beliefs, race, gender, disability or sexuality’.
The Comhairle is represented on a local Community Equality and Diversity Group committed to tackling discrimination, promoting equality and celebrating the diverse community of the Western Isles. A primary objective for the Group is to establish and develop meaningful links with the local black and minority ethnic population. The group is currently working with the National Resource Centre for Ethnic Minority Health (NRCEMH) to develop an innovative project aimed at improving community relations through engagement and dialogue and facilitating greater sensitivity and integration to multiple identities.
The Comhairle is also supporting its Community Planning partners through the Lifelong and Community Learning Forum in the development of a plan aimed at assisting the increasing number of migrant workers within the Western Isles through the production of welcome/information packs and the provision of training.
As our Equality of Treatment and Access Policy states, the Comhairle recognises both a legal and moral responsibility towards its wider community to ensure that no-one is unfairly excluded from accessing public services, including employment. The Comhairle therefore commits to ensuring that all prospective or existing service users and employees are treated with dignity and safety.
Statutory Provisions
The Race Relations Act 1976 makes it unlawful to discriminate against a person on the grounds of colour, race, nationality or ethnic or national origins. The 1976 Act has been amended by Race Relations (Amendment) Act 2000, and it is unlawful for a public authority in carrying out its functions to do any act which constitutes discrimination. The Act places a general duty on local authorities, in carrying out their public functions to have due regard to the need to:
· eliminate unlawful racial discrimination · promote equality of opportunity · promote good relations between people of different racial groups
The Race Relations Act 1976 (Statutory Duties) (Scotland) Order 2002 imposes a number of specific duties upon public authorities:
· The preparation and publication of a Race Equality Scheme which sets out how the authority plans to meet its statutory duties · An assessment of which functions and policies are relevant to racial equality · Setting out arrangments for assessing and consulting on the impact on racial equality of proposed policies · Setting out arrangements for monitoring policies for adverse impact on the promotion of race equality · Setting out arrangements for publishing results of assessments, monitoring and consultation · Ensuring public access to information and services · Training staff in connection with the duties
In relation to employment, local authorities must monitor according to racial group:
· Number of staff in post · Applicants for employment, training and promotion from each group · Number of staff who benefit or suffer detriment as a result of its performance assessment procedures · Staff training · Number of staff involved in grievance procedures · Number of staff who are subject to disciplinary procedures · Number of staff who leave employment
Implementation
Overall responsibility for the implementation of the Race Equality Scheme lies with the Chief Executive. Day-to-day responsibility will be delegated to Directors. The Corporate Services Directorate will provide support and guidance to individual departments on corporate equalities issues.
Progress in implementing this Scheme and the Equalities Action Plan will be regularly monitored by the Corporate Management Team.
The policy will be reviewed no later than 30 November 2008 and if necessary, a revised Scheme will be introduced.
Functions and Policies
The list of functions and policies which have been assessed as relevant to the performance of the duty imposed by section 71 (1) of the Race Relations Act 1976 is contained in Appendix A. This list will be reviewed no later than 30 November 2008 and every three years thereafter. The list does not include an assessment of the functions and policies of the Education Department as Education is covered by separate duties under Sections 3 (1), (2), (3), (4), and (6) of the Race Relations Act 1976 (Statutory Duties) (Scotland) Order 2002. A copy of Comhairle nan Eilean Siar’s Education Department Race Equality Policy Statement is included for information at Appendix B.
Assessment and Consultation on Proposed Policies
1. Although reports proposing new policies include information on financial and legal implications, they have not, in the past, contained information on equalities implications. A policy checklist has been produced by the Comhairle’s Internal Strategy team in consultation with the Corporate Improvement Network which will ensure that all policies developed in future contain information on equalities, sustainability and quality of life implications. 2. The Comhairle has a procedure for assessing and consulting on the likely impact of its proposed policies. An initial internal assessment, based on information already available to the Comhairle, is made. If this assessment indicates that racial groups will not be affected differently by the policy, or that the policy has a very low relevance to race equality, then further assessment is not required. However, if the initial assessment suggests otherwise, the Comhairle –
· Sets clear policy aims and objectives; · Collects existing ethnic data and commission research if necessary; · Uses the data to decide whether the policy is likely to affect different racial groups. Directly or indirectly, in different ways; · Considers changes to the policy to prevent any adverse impact or unlawful discrimination, while still delivering the aims of the policy; · Consults interested parties, service users, trades unions, and members of the public on the preferred policy; · Takes account of all assessments and consultations before making a final decision on the policy; · Monitors and review the policy and its impact; and · Publishes the results of the assessment, consultation and monitoring.
The Comhairle will ensure that consultation on all relevant policies is thorough and targeted at all relevant parties. A new Corporate Consultation Standard was adopted by the Comhairle in November 2004, stating as a key objective that “consultation documents should include an assessment of the proposals on particular groups likely to be affected, and views should be sought from all such groups. Departments should always consider whether there is a particular impact by gender, age, ethnicity or disability.”
The consultation methods used will depend on the nature of the proposed policies, but could include some of the following:
· Public meetings; · The issue of paper proposals to targeted consultees, translated into community languages as appropriate; · The appointment of advisory committees on specific issues; · The establishment of focus groups; · The commissioning of surveys, including perception and satisfaction surveys; · Consultation via the Comhairle’s website www.cne-siar.gov.uk
Monitoring Comhairle policies for adverse impact
To ensure that it meets its statutory duties, the Comhairle will collect ethnic monitoring data for its relevant functions and policies by:
· Setting up monitoring systems for all relevant functions and policies; · Analysing data from monitoring; · Deciding what action is needed to deal with issues identified by the monitoring data; · Changing policies or functions as appropriate;and · Publishing the results of monitoring
The most appropriate method of monitoring each function and policy will be decided according to circumstances in each case. Under the Modernising Government Agenda, the new Customer Relationship Management (CRM) project will facilitate the monitoring of service provision by comprehensively collecting customer data in a centralised database. This will allow all departments to monitor customer trends and identify any areas where functions may be adversely affecting the ethnic minority community. A database of Comhairle policies is currently being compiled which will also facilitate the monitoring process. In carrying out monitoring, it may be necessary to employ the following methodology:
· Surveys or personal interviews; · Public consultation meetings or focus groups
If the impact of a Comhairle policy contravenes the general duty imposed by section 71(1) of the Race Relations Act 1976 as amended, the Comhairle will review that policy in order to address the problem.
Publishing the results of assessment, consultation and monitoring
Various documents, including the Comhairle’s Public Performance Report, provide information about the Comhairle’s activities. Information will also be published on its website www.cne-siar.gov.uk. The Comhairle will ensure that the information it publishes is accessible and readily available. Alternative formats of written materials will be made available upon request.
The Comhairle will publish:
· Its Race Equality Scheme · A summary of all assessments, monitoring and consultations in its Public Performance Report and other media (such as its website) as appropriate; and · The results of assessing and consulting on proposed policies
The Comhairle will make the responses to consultation available on request, unless confidentialty has been specifically requested and will comply at all times with the Data Protection Act 1998 and the Freedom of Information (Scotland) Act 2002.
Arrangements for ensuring public access to information and services
The Comhairle is committed through its Equality of Treatment and Access Policy published in February 2004 to ensuring all citizens have equal access to all the services and information it provides.
· The Comhairle communicates with the public through leaflets, letters, Council website and the local press. A wide range of information is available free of charge. Agendas and minutes of all Council and Committee meetings are published and made available for consultation in the local libraries, as well as being available on the Council website. · Service will be provided, within reason, in the way most convenient to the service user and within a reasonable time after the request. Alternative formats will be made available upon request. · Translation services will also be made available upon request. The Comhairle has in-house Gaelic/English translation facilities, currently used for the simultaneous translation of Council and Committee meetings conducted in the Gaelic language. · The Comhairle operates a bilingual policy which states as an objective, ‘where possible to enable everyone who receives or uses Comhairle services, or contributes to the democratic process, to do so through the medium of Gaelic or English, according to personal choice’. · The Comhairle is committed to the provision of online services and uses both its intranet and internet sites to publish public information. Through the Modernising Government Agenda, the Comhairle will work towards increased electronic service delivery to achieve the set targets for December 2005. · Frontline staff will be regularly trained in race awareness and other equalities issues to ensure that the services and information provided are accessible to all. · The Comhairle will regularly consult with service users to ensure that the services and information provided are accessible to all. · The Comhairle is currently conducting a Best Value review of Corporate Communications which will explore, among other issues, how to improve access to information for ethnic minority communities.
Training Staff
Comhairle nan Eilean Siar will provide Equalities Awareness training for all staff. The in-house training officers in consultation with the Corporate Services Directorate have developed an introductory course for Heads of Service and frontline staff. This course will be rolled out to all staff, ensuring that those working in services identified as ‘High priority’ in relation to promoting race equality are given precedence. Specialist training programmes may be required for those staff and training officers will address this as necessary.
All staff will be made aware of their duties in relation to the Race Relations Act, as set out in the Scheme.
Meeting the Employment Duty
The specific statutory duty placed on employers requires the Comhairle to undertake monitoring of current, potential and past employees. This information is intended to identify whether any differences exist in relation to employment practices between different racial groups. If monitoring results show that differences do exist, steps will be taken to identify the reasons for these differences and to deal with any discrimination or disadvantage.
· The Comhairle currently monitors the ethnic grouping of all applicants for employment through an Equal Opportunities Monitoring Form which applicants are required to complete in addition to the Job Application Form. The Monitoring Form is separated from the Application Form (although it can be cross-referenced by Human Resources) before the Application Form is seen by the Shortleeting Panel. The Comhairle also monitors by ethnic origin all applicants selected for interview. Currently this information is recorded manually and stored in hard-copy format in HR files. As transition to the new Resourcelink HR/Payroll system is now complete, this information can now be stored electronically for ease of reporting. · The ethnic origin of current staff is collected by staff questionnaire and stored in staff profiles on the HR system. A comprehensive profile of staff ethnicity is yet to be attained due to problems with system implementation and the need to procure additional software but this issue is being addressed as a matter of high priority and is hoped the exercise can be completed within financial year 2006/2007. · Training requests are recorded through the Staff Development and Appraisal Scheme. Information on training requests and training completed is collected regularly on a departmental basis and passed onto the HR department. In-house training officers require staff to complete monitoring forms for all internal training courses attended. · Grievance and disciplinary procedures are dealt with in line with Comhairle policy and can be monitored by ethnic category through the HR system. · The Comhairle operates a Staff Development and Appraisal Scheme, a copy of which can be found at Appendix C. The Scheme is not in any way related to the disciplinary procedure or performance-related pay. It is therefore unnecessary for the Comhairle to monitor the number of staff who benefit or suffer detriment as a result of performance assessment procedures. · The Comhairle formally adopted a Policy on the use of Exit Interviews in June 2005, enabling the ethnicity of those leaving Comhairle employment to be recorded and monitored by the HR department. · It will be necessary to ensure that any staff collecting data on ethnicity are given appropriate training. The Corporate Services Directorate will liaise with the Human Resources department and the training officers to develop this.
The Comhairle will publish the results of monitoring under Article 5 (2) of the Race Relations Act 1976 (Statutory Duties) (Scotland) Order 2002 in the first instance to the Human Resources Sub-Committee on a regular basis, and at least annually. This will ensure that any action necessary to promote Race Equality in employment is taken by the appropriate Committee with specific responsibility for Human Resources. The information will then be published to the public through the Public Performance Report and the Comhairle’s Internet site, www.cne-siar.gov.uk. Copies of the Public Performance Report will be sent to every home in the Western Isles, but can also be viewed at public libraries or can be requested directly from the Comhairle. All information will be published in accordance with the Data Protection Act 1998 and the Freedom of Information (Scotland) Act 2002. The Comhairle will not publish information which could identify individual staff.
Complaints or Enquiries about this Scheme
If you have a complaint or an enquiry about this scheme:
· Please complete a complaint form, available at the reception desk of all Comhairle offices, or download from the Comhairle’s website at www.cne-siar.gov.uk/guest/complaintform.pdf or; · Write to the Chief Executive at the Council Offices, Sandwick Road, Stornoway, Isle of Lewis, HS1 2BW.
Comhairle nan Eilean Siar is committed to ensuring that all complaints are dealt with within stated timescales and will use data from complaints to help improve the quality of service delivery.
APPENDIX A
Article 2 (3) of the Race Relations Act 1976 (Statutory Duties) (Scotland) Order 2002 stipulates that a Race Equality Scheme shall state:
‘ those of its functions and policies, or proposed policies, which that body or person has assessed as relevant to its performance of the duty imposed by section 71 (1) of the Race Relations Act.’
The following policies and functions have been assessed as relevant to the performance of the duty to promote race equality, imposed by section 71 (1) of the Race Relations Act.
APPENDIX B
COMHAIRLE NAN EILEAN SIAR
EDUCATION DEPARTMENT
RACIAL EQUALITY
POLICY STATEMENT
Comhairle nan Eilean Siar's Education Department will work towards creating education opportunities and children's services that are fair and equitable to all. We will recognise the needs of all parts of the community we serve and build upon their strengths. We will join forces with appropriate organisations to tackle racism, promote equality of opportunity and maintain good relations with people from different racial and cultural backgrounds. Our overall vision is for the people of the Western Isles to be proud of their community and work together to create and maintain a more tolerant society.
To achieve the above the Education Department will:
· Continue to develop departmental racial equality policies and procedures in employment and service delivery and ensure they are in line with the general and specific duties imposed by the Race Relations Amendment Act 2000 (see appendix 1) and the CRE Codes of Practice in Education and Employment;
· Ensure that race equality policies and procedures are an integral part of all departmental strategies and action plans;
· Set up procedures to monitor racial incidents within the Education Department and provide support as necessary;
· Carry out ethnic monitoring of staff working for the Education Department and analyse data to identify under represented groups;
· Develop positive initiatives to aid the professional development and employment prospects of under-represented groups within the Department;
· Offer racial equality training to enhance the knowledge and awareness of personnel within the Department;
· As part of the Social Inclusion agenda, establish effective partnership working structures with other Comhairle departments, voluntary sector organisations and community groups to aid specific areas of education work;
· Ensure regular consultation and communication with all stakeholders in developing the work of the Education Department; and
· Regularly monitor and review the Racial Equality Policy to assess the impact of its effectiveness and bring it in line with any governmental changes in education and/or race relations.
RACIAL EQUALITY IN SCHOOLS
For Schools the Department will: -
· Assist in the development of racial equality policies and procedures in line with national guidance on addressing Racial Equality issues in the curriculum;
· Set up procedures for the reporting and monitoring of racial incidents;
· Encourage ethnic monitoring with regard to teaching, non-teaching staff and school board members;
· Encourage access to Continuing Professional Development for ethnic minority teachers;
· Offer racial awareness training to school staff and school board members;
· undertake ethnic monitoring of pupils in schools and carry out data analysis of pupil attainment levels and rates of exclusions; and
· endeavour to provide targeted support to ethnic minority pupils with additional support needs.
RACIAL EQUALITY IN EMPLOYMENT
The Education Department's long term aim is that the composition of our workforce should reflect that of the community we serve.
To achieve this, we will:
· Work in line with the Comhairle's employment equality policy and procedures and the CRE Codes of Practice in Employment; and
· Ensure that no applicant or employee receives less favourable treatment than any other, and that, wherever possible, help is given to all staff to attain their full potential.
Vacancy advertising
We will ensure that:
· vacancies will be advertised simultaneously as widely as possible; and
· All vacancy adverts will include an appropriate short statement on equal opportunity
Selection and recruitment
We will ensure that:
· Selection criteria (job description and person specification) are kept under constant review to ensure that they are justifiable on non-discriminatory grounds as being essentia |