Letter to EHRC re Welsh Government’s loss of Equality Impact Assessment (names redacted).
I am writing on behalf of Lleisiau Merched Cymru/Women’s Voices Wales (LMC/WVW). We are a feminist group (unfunded and voluntary) working to uphold and extend where necessary women’s sex based rights. We are concerned that a serious lapse in responsibility for equality has taken place within Welsh Government. We are drawing it the attention of the EHRC in Wales in the hope and expectation that you will take action.
In 2016, Welsh Government carried out an Equality Impact Assessment for their ‘Action Plan to advance equality for transgender people.’ This was a crucial document in terms of Equalities work by a public body. The EHRC in Wales has offered clear and firm guidance to Welsh Government and other public authorities on assessing impact and the Equality Duty (link below).
www.equalityhumanrights.com/en/advice-and-guidance/equality-impact-assessments
The EHRC stresses the need for public bodies to “...eliminate unlawful discrimination, advance equal opportunities and promote good relations between people.” It also reminds public bodies that “Decisions must not discriminate between people based on any protected characteristic.” The section on EIA ‘Myth Busters’ also states: “EIAs are a tool to be used in evidence-based policy making and therefore should be an integral part to good decision making by an organisation.” The EHRC reminds us that “Authorities which fail to carry out EIAs risk making poor and unfair decisions which may discriminate against particular groups and worsen inequality.”
Welsh Government are also clear about the value of an EIA. Their Annual Report on Equality (2016), states: “Equality Impact Assessments are live and continuous assessments which last the lifecycle of the decision or policy and, in some cases, beyond. In Welsh Government, on completion of Equality Impact Assessments, an action plan and review date is required. At this review date, the original assessment of impact on protected characteristics must be reconsidered and evaluated. Where new impacts are identified, or evidence has been gathered which supports our original assessment of impact, these are incorporated into the assessment.”
In response to an FOI submitted in March 2019, it appears that Welsh Government have lost the Equality Impact Assessment. Details of the FOI correspondence can be read here: -
www.whatdotheyknow.com/request/equality_impact_assessment_for_t_2?fbclid=IwAR3ynVysZyzAr2l0lUQKH3IeYavXTvsnN4sjHVykgxTqVNREBbbkYXVivBk
The ‘Head of Gender Equality Review’ for Welsh Government states: “I can confirm that Welsh Government does not hold this information and it is not held by any other organisation. I understand that at the time of the development of the action plan an equality impact assessment was undertaken, to be updated throughout the consultation process. A decision was taken at the time not to publish the document until the consultation was completed. We have undertaken a thorough search, unfortunately, it appears that this document has been deleted from our electronic record system and is not available to access.”
In response to a further query, the Welsh Government Communities Division wrote: “...since the loss was only discovered following your request, no consideration has been given until now to replacing it. Given the passage of time since the Action Plan was published in 2016, doing so would be difficult and of limited value, since any such retrospective action would inevitably be affected by subsequent developments.”
This response is totally inconsistent with Welsh Government’s own description of an EIA as a “live and continuous assessment.” The Action Plan feeds into current and future Equality Reviews and ultimately policy making. It is not acceptable for Welsh Government to brush off the loss of an EAI in this way.
The Action Plan to advance equality for transgender people covers the following areas: - Children and Young People, Communities (Hate Crime, Violence Against Women, Domestic Abuse and Sexual Violence, Sport Public Transport), Public Services (Health, Housing) and the Workplace.
Such a wide ranging Action Plan means the impact of any action, policies or guidance are likely to have a considerable impact on all groups with Protected Characteristics. This makes the loss of the Equality Impact Assessment – and Welsh Government’s cavalier attitude towards it – a very serious breach of equality duty. The fact that Welsh Government were not even aware they had lost the EIA until an FOI was made is shocking.
How can a document be a “live and continuous assessment lasting the lifecycle of the decision or policy” when it does not exist? How can it be reviewed, reconsidered or evaluated? How can new impact or new evidence be taken into account?
LMC/WVW and many other women in Wales are concerned that Welsh Government’s transgender Action Plan did not consult widely enough on how women could be affected or consider the impact on women’s spaces, services and rights. We are very aware as feminists that Welsh Government – who provides guidance for other public bodies in Wales – must carry out its duty in terms of Equality law, and also be seen to do it. Their failure to do undermines public faith in both Welsh Government and Equality law, and has very real consequences for women in Wales.
LMC/WVW would like to see accountability for the loss of the EIA, and a new, comprehensive EIA made a priority. We would be grateful if you could let us know what steps EHRC Wales will take in raising the issue with Welsh Government.