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Committee

Equalities and Human Rights Committee 25 February 2021

25 Feb 2021 · S5 · Equalities and Human Rights Committee
Item of business
Equality and Human Rights Commission and Scottish Human Rights Commission
John Wilkes (Equality and Human Rights Commission Scotland) Watch on SPTV
I thank the committee for giving us the opportunity to share some of the work that we have been doing and to look at our future priorities. I am here with my colleague Lynn Welsh, who heads up all our legal and compliance work in Scotland. Between us, we lead the work of the commission in Scotland. As I am sure the committee is aware, the Equality and Human Rights Commission is Britain’s equality regulator, and we are also an A-rated national human rights institution. However, in Scotland, we share our human rights mandate with the Scottish Human Rights Commission, and we have a very good working relationship with it. Late last year, some new commissioners and a new chair were appointed to the commission. In Scotland, we also recruited some new members to the commission’s statutory Scotland committee. With the 10th anniversary of the Equality Act 2010 and the 50th anniversary of the Equal Pay Act 1970—two landmark pieces of legislation—2020 looked set to be a significant year for the commission. Of course, other events overtook 2020 and, like everybody else, we have been overshadowed by the impact of the Covid pandemic. We think that its effects on equality will be with us for some time to come. Our work is dictated by our strategic plan priorities. Our current strategic plan covers the period 2019-22, and our core aim is to ensure that strong equality and human rights laws work to protect people. In our current plan, we have five other priority aims covering equality challenges in areas such as access and fair treatment at work, education, public transport, fair treatment in institutions, and redress in the criminal justice system. When the impacts of Covid became clear, about a year ago, we quickly reviewed our work and priorities. On the back of that, we paused or reduced some work we had been planning to do in the year just gone, particularly in education and transport. We quickly noted the impact that Covid seemed to be having on some communities, such as the black and minority ethnic communities, and on care homes and elderly and disabled people. We have developed new priorities and programmes of work to look at the equality aspects of those impacts. In June last year, we launched an inquiry into the impact of Covid on low-paid workers in health and social care organisations who are from BME communities. We also developed a programme of work to look at the impacts of Covid on the social care system through an equalities lens. We anticipate that both those programmes of work will continue into next year. Every five years, we are obliged to produce a state of the nation report on how equality is doing across Britain and in Scotland, and we were due to publish that report later this year. However, we have decided to delay publication by a year so that we can review and incorporate the evidence of the longer-term impacts of Covid on equality. We felt it was important to do that. In October, we published a shorter report that brought together evidence of the more immediate impact of the coronavirus on equality and human rights, and that report contains some recommendations for the Governments across Britain. We continue to prioritise the use of our unique legal powers and compliance tools, and we have produced a range of guidance to support employers in dealing with different aspects of the pandemic. In June, we published the findings of an inquiry that we undertook into the challenges of people with disabilities or mental health conditions in navigating their way through the barriers that they face in the criminal justice system. The strategic use of our legal powers last year included two Britain-wide investigations: one into antisemitism in the Labour Party and one into equal pay at the BBC. In Scotland, we reached a settlement with NHS Greater Glasgow and Clyde in a significant case on ending the unlawful detention of adults with incapacity. In our policy work over the past year, we very much focused on working with policy makers and legislators to ensure that the fast-changing environment of the coronavirus and the policy regulations and legislation that were put in place to meet the challenges of it met the requirements of the equality legislation. Looking ahead to the coming year, we will continue the work that we have started on our race inquiry, and we anticipate publishing the findings of that in June. We will further develop our work on the impact of Covid on the different aspects of our social care system, and we will move to support the focus of equality in the important work of economic recovery. We will also look at the particular impact of the pandemic on women and work. We have noted the Scottish Government’s commitment to reviewing the public sector duties, and we hope to be involved in that work. In addition, we are considering other work such as a potential inquiry into how aspects of the work of the Department for Work and Pensions impact on people with disabilities. The coming year is the final year of our current strategic plan, and we will consult on the priorities for our new strategic plan, which is due to come into effect in 2022.

In the same item of business

The Convener SNP
Item 2 is evidence from the Equality and Human Rights Commission and the Scottish Human Rights Commission. They will give an annual update and overview of th...
John Wilkes (Equality and Human Rights Commission Scotland)
I thank the committee for giving us the opportunity to share some of the work that we have been doing and to look at our future priorities. I am here with my...
The Convener SNP
That is very thorough and helpful. Committee members will be keen to probe you on some of the aspects of your work that you have mentioned. I will bring in G...
Gillian Martin (Aberdeenshire East) (SNP) SNP
I was going to ask about the impact that Covid-19 has had on the priorities for your work programme, but I think you have covered that very well. However, I ...
John Wilkes
For the report that we published in October, we looked at some of the immediate impacts of Covid. The evidence shows that there is increased underemployment ...
Gillian Martin SNP
How has the pandemic impacted so far on the commission’s staffing and resources and on your capacity to carry out what sounds like a really intense programme...
John Wilkes
Yes. Like many organisations, we have been working at home for about a year now. As I said in my opening statement, we had to review very quickly the work pl...
The Convener SNP
Lynn Welsh, do you have anything further to add in answer to Gillian Martin’s question on the impact that Covid has had on your priorities and on your staffi...
Lynn Welsh (Equalities and Human Rights Commission Scotland)
I do not think so. John Wilkes has covered it quite adequately, thank you.
Joe FitzPatrick (Dundee City West) (SNP) SNP
Thank you for your opening remarks, which have given us a good insight into how you have worked during the pandemic. In your business plan, as well as talkin...
John Wilkes
Yes, certainly. Lynn Welsh is better placed to talk about that, because she leads on some of that work for us in Scotland.
Lynn Welsh
We are still keeping a close eye on it. We want to ensure that any equality or human rights issues or legislation that comes from Europe remains to protect t...
Joe FitzPatrick SNP
Those are two really big things for the commission, coming at the same time. Is that giving you scope and capacity to look at other areas? Last year, we saw ...
Lynn Welsh
No, we are also involved in juggling other quite large areas of work. Our interest is more in equality than in human rights. Our sister organisation—the Scot...
The Convener SNP
John Wilkes, do you wish to add anything to that?
John Wilkes
We decided to launch our race inquiry on the back of the Covid impact and because, like everybody else, we were aware of the focus on Black Lives Matter. We ...
Alexander Stewart (Mid Scotland and Fife) (Con) Con
John Wilkes, in your opening remarks, you talked about the disadvantages and inequalities that are experienced by different groups. The pandemic has meant th...
John Wilkes
We have been working a lot with the Government over the past year, and I think that it is fair to say that our view is that it has been a mixed bag. Some con...
Alexander Stewart Con
Consultation with organisations such as yours is vital, as you have a key role to play. Have you had to ensure that that key role has been reinforced? You in...
John Wilkes
It is not our role to dictate how the Government fulfils its responsibilities. We have tried to be helpful to the Government where we can in certain areas th...
Lynn Welsh
I am happy to add to what John Wilkes has said. Over the past year, we have kept a very close eye on things, not only with Government but with others. We hav...
Alexander Stewart Con
As you have identified, lessons will be learned from this whole process. Government and others might not have been as involved as necessary or mistakes might...
Lynn Welsh
That is fair comment. In the coming year, we are planning to do more work on the capabilities generally. A Government review of those is due, and we have bee...
The Convener SNP
The committee certainly recognises your comments about data and about equality being at the centre and not on the side. Mary Fee will ask some more question...
John Wilkes
Again, I defer to Lynn Welsh on that. She has been our lead on the work of the incorporation task force.
Lynn Welsh
This has been front and centre in the work of our sister organisation, the Scottish Human Rights Commission, but we have, as we said earlier, been involved i...
The Convener SNP
The United Kingdom Government is currently reviewing the Human Rights Act 1998—it is looking at whether it is working in practice and whether it needs to cha...
Lynn Welsh
Yes, we intend to respond to the consultation that is on-going. We have not yet put in our response, and I would not want to jump the gun on that. However, g...
The Convener SNP
That is helpful.
Mary Fee (West Scotland) (Lab) Lab
Public authorities have been asked to provide a statement if they are unable to provide the equality outcomes that are required under the public sector equal...