The Committee agreed at its meeting on 17 December 2024 to carry out a short inquiry into the operation of the Public Sector Equality Duty (PSED) in Scotland.

The PSED is a legal requirement for public authorities in Scotland. Under the duty, they must consider equality when carrying out their functions. The aims of the duty are to:

• eliminate unlawful behaviour by ending discrimination, harassment, and victimisation
• advance equality of opportunity between people who have a protected characteristic and those who do not
• foster good relations between people who have a protected characteristic and those who do not

The Scottish-specific duties have been in force since 2012. They were introduced in the Equality Act 2010 (Specific Duties) (Scotland) Regulations 2012 (as amended).

In 2018, the Scottish Government started to review the effectiveness of the Scottish-specific duties. Progress was delayed due to factors outside the Government’s control, but a consultation and analysis were published in 2022.

The intention at the time that a phased approach to PSED reform was announced was for revised regulations to come into force by end of April 2025.

A proposal for an inclusive communication regulation has been revised to ensure legislative competence and a new approach agreed. Scottish Government officials will be trained in better inclusive communication practices. Officials will also assess existing guidance and materials on inclusive communication. Ministers will be able to use their powers to draw listed public authorities' attention to these materials. 

Through a call for views and evidence sessions, the Committee wished to explore whether the other proposed reforms will improve the delivery of the general duty. It also explored the following themes:

• the extent to which the Scottish-specific duty is delivering on the aims of the general duty and improving outcomes for people with protected characteristics
• the extent to which public authorities understand the terms of the aims of the general duty and the requirements of the specific duty
• whether the proposed reforms will assist public authorities in embedding an equalities focus
• why the Scottish Government’s original proposals have been changed
• how effective the Equality and Human Rights Commission is at regulating public authorities’ performance against the PSED