Specific public sector equality duties for England delayed

This morning (17 March 2011) the government announced that it has withdrawn the draft Equality Act 2010 (Statutory Duties) Regulations 2011 for England.

The regulations outlined the specific duties of the public sector equality duty underpinning the Equality Act 2010.

• Government Equalities Office announcement

The regulations will be revised following a review by the Home Secretary. The Government Equalities Office (GEO) statement reads:

The government published draft specific duties regulations on 12 January following a public consultation. Since then the government has considered the draft regulations further in the light of the policy objective of ensuring that public bodies consider equality when carrying out their functions without imposing unnecessary burdens and bureaucracy, and thinks there is room to do more to strip out unnecessary process requirements.

The government has produced a policy review paper outlining its revised intentions for the specific duties:

• Equality Act 2010: The public sector equality duty: reducing bureaucracy

Summary of changes

• Deadline for publication of information to demonstrate compliance with the general duty is now 31 December 2011.
• The requirement to publish evidence of equality analysis undertaken, including details of engagement to establish if policies and practices furthered the aims set out in the general duty has been removed. However, HEIs will still need to 'understand the effect of their policies and practices on equality', which will involve looking at evidence and engaging with people.
• A return to the requirement for public authorities to publish one or more equality objectives.
• Removal of the requirement to set out how progress will be measured for equality objectives.
• The revised specific duties are now intended to commence in July 2011.

The government is inviting comments on the new draft regulations to be submitted to the GEO by 21 April 2011.

General duty for England

The general duty of the public sector equality duty will commence on 5 April 2011. There will be no specific duties in place, as the duties under the race, gender and disability equality duties will be revoked.

HEIs will still be obligated to work towards meeting the general duty from 5 April 2011 until the revised specific duties come into force.

Scotland

The general duty will commence in Scotland on 5 April 2011. However, the specific duties have been withdrawn for redrafting (see our news item here for details).

Wales

The specific duties in Wales are currently due to commence on 5 April 2011 alongside the general duty, subject to the agreement of the National Assembly for Wales.

Next steps

ECU and HEEON are continuing with planned events on the public sector equality duty for England. While the specific duties have been withdrawn, HEIs will be required to meet the general public sector equality duty. Using the specific duties as a framework can be helpful to do so and the events will continue to explore practice in the sector to meet the ambitions of the general duty.

You can find further information about the Equality Act on our dedicated Equality Act 2010 homepage. We will be updating this page as further information becomes available.