Equal Opportunities Committee

Meeting date: Tuesday, March 15, 2011

Official Report 324KB pdf

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Annual Report

Agenda item 2 is consideration of the committee’s annual report. The format is common to all committees—for example, there is a set number of words that can be used.

I have a point about the balance of the report. I accept the point about the number of words, but our recent decision on the draft Equality Act 2010 (Statutory Duties) (Scotland) Regulations 2011 seemed quite significant to me, not least because we work together across parties more than most committees do and often work together quite constructively with the Government. However, we had a disagreement on the draft regulations, so there should be some explanation of why we voted against them. There are quite long sections on various other issues, so could a paragraph be added to the section on Scottish statutory instruments and one be taken out somewhere else to allow for the addition?

Marlyn Glen has a one or two-word suggestion that might help to explain the situation.

I agree with the sentiment of what Malcolm Chisholm said. Paragraph 13 does not describe what we did. I do not want it to look as though we rejected the concept of specific equality duties when, in fact, we rejected the proposed specific duties.

My suggestion is smaller than Malcolm Chisholm’s; it is the addition of a word in the phrase:

“which would have imposed specific duties”.

We could put something in there—for instance, “which would have imposed particular specific duties”—to give the idea that we want other specific duties to be introduced. I do not know whether that covers it.

We obviously want it to be a fairly factual, straight-down-the-line report. I was not aware of any rules about a set number of words, so I do not know whether my suggestion would cause problems. Why do we not say, “For the text of the debate, see the Official Report” and include the Official Report reference?

It could certainly be put in as a footnote. I do not think that there would be any problem with that. That would help.

Then, if people wanted to look at the reasoning, they could do so. Marlyn Glen’s suggestion is probably fine as well.

For balance, perhaps we need to refer to the action that the Government has taken in light of the decision that the committee made. To be fair, the Government could probably have gone round the committee and straight to the Parliament, but the fact that it has taken cognisance of our decision and reacted to it transparently and fairly is a good indication of the working relationship that we have with the Government.

I am not suggesting that we make the report “War and Peace”, but a footnote, end note or appendix that ties it all together would give us a more rounded picture than the report might otherwise give.

A footnote could explain in more detail how the decision came to be taken and we could quite easily add what happened after that, which is that the Government decided to bring back the specific duties in the next session.

I wondered whether, in paragraph 13, we should say “impose specific duties as drafted” instead of “impose specific duties”.

Yes.

We could add that the next Government, whoever forms it, will reconsider the matter in the new session. Is the committee happy with that?

Members indicated agreement.

We will amend the report accordingly. Is the committee content to delegate the finalising of the report to me?

Yes. After all this time, we can trust you to do that.

The responsibility is overwhelming, but I will cope.

I want to take this opportunity to thank the current members of the Equal Opportunities Committee for all their support and help during the past four years and to give a mention to the other members who served on the committee during the session: Richard Baker, Willie Coffey, Bill Kidd, Michael McMahon, Sandra White and Bill Wilson, all of whom made a significant and worthwhile contribution to the committee’s work.

I make special reference to Marlyn Glen, who is retiring as a member of the Scottish Parliament, as members know. She has been a member of the Equal Opportunities Committee since day 1 and I have found her experience and her attitude to equal opportunities to be an invaluable help. She is passionate about gender and equalities in general, and the committee has been the better for her contributions. We wish you well, Marlyn, in whatever you go on to do.

Hear, hear.

Thank you very much.

I also thank the clerks and Scottish Parliament information centre staff for their help during the session, and, of course, official report, broadcasting and security staff, who have all helped to support the committee. I often feel that those people, who work behind the scenes in an amazingly professional manner, are not given the recognition that they deserve—I am happy to do that today.

Finally and by no means least, on behalf of the committee I extend our thanks to the witnesses who have turned up in person or corresponded with the committee during the past four years and engaged with us in such a productive way. The committee could not carry out its work without them.

10:10 Meeting continued in private until 10:38.