Equal Opportunities Committee, 20 Feb 2007

Meeting date: Tuesday, February 20, 2007

Official Report 97KB pdf

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Subordinate Legislation

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Sex Discrimination (Public Authorities) (Statutory Duties) (Scotland) Order 2007 (SSI 2007/32)

We come to agenda item 2. As members are aware, the Sex Discrimination (Public Authorities) (Statutory Duties) (Scotland) Order 2007 (SSI 2007/32) imposes specific duties on the Scottish public bodies that are listed in the schedule to the order. The stated purpose of those specific duties is to ensure better performance by the listed authorities of their general statutory duty to have due regard to the need to eliminate unlawful discrimination and harassment and to promote equality of opportunity between men and women in performing their functions. The order comes into force on 9 April 2007 and will remain in force unless it is annulled by the Parliament within 40 days of its being laid. No motion to annul has been lodged. Are members content with the order?

I have a few comments to make. I support the order and the principles and intentions behind it. However, I have some concerns about its implementation, given that there is no financial memorandum attached to it. The order puts a lot of responsibilities on local authorities, but we know that there are massive outstanding issues with achieving equal pay, because of the financial consequences to local authorities. I suppose that it is about joined-up government. On the one hand, the order has been laid, but on the other hand, we still do not have specific moneys allocated via the budget process to implement equal pay. I am concerned that there is a bit of downward pressure on public bodies to level pay down, rather than levelling it up, which I have misgivings about. My concerns are about the implementation of the order, rather than the principle behind it.

The duty is on public bodies. However, there is a big gap in the legislation in respect of duties on private employers. I understand the complexities of the legislative framework, given that employment legislation is reserved to Westminster. Nevertheless, the gender pay gap in the private sector is even greater than it is in the public sector and, from a policy point of view, the private sector should not escape.

Thank you; your comments are noted and could be included in the legacy paper to ensure that the next Equal Opportunities Committee can take on board the issue when it considers future budget processes. The case is well made that there needs to be appropriate funding. Given that I have been in politics most of my life, I really welcome legislation on equality between men and women. The order is a good step forward, but I agree that its implementation needs to be resourced appropriately.

The first report that the Scottish ministers are to produce is to be published by 1 July 2010 and subsequent reports are to be published at three-year intervals. Will the future Equal Opportunities Committee be consulted before and after the first report is published?

I presume that it will be for the future Equal Opportunities Committee to consider that. I would be surprised if it was not consulted.

Perhaps we should include that in our legacy paper. I am mindful of the fact that dates can move.

Yes. I will ensure that that happens.

Are members content to report to the Parliament that the committee has no recommendation to make in respect of the order?

Members indicated agreement.