Chamber and committees

We recently published our current thinking on how race equality should develop over the next three years. During the summer we will work with stakeholders to develop the approach to be taken and we will publish the refreshed statement in the autumn. This will provide more detail on how we intend to take forward our plans in practice.

We will initially focus on working with key strategic partners to collate the research work already carried out in Scotland, followed by wider collaborative working with stakeholders to plan and shape a draft outline of our approach. The draft statement will then issue for consultation.

a) The publication of the draft statement for consultation will coincide with the autumn budget considerations. The above process will help to inform those considerations and will be relevant in the context of spending proposals

b) This work will help inform the work around constitutional reform.

Our work on race equality and tackling racism acknowledges that minority ethnic communities include those who might be described as both visible and invisible minorities as ethnicity is not always identifiable by physical characteristics.

We recognise that there are many different groups living in Scotland with different heritage and some coming from different parts of the world, each has a right to be treated with respect and to live free from discrimination and prejudice. We recognise that people from minority ethnic communities may also experience issues as a result of their gender, age, faith, sexual orientation or disability, compounding the disadvantage or discrimination.

Our work will continue to explore the complexities of people’s multiple identities and the links between the other equality strands. This has long been an issue of concern and we acknowledge that there is still much to be done. It is a very complex area and needs to be addressed as part of the dialogue with stakeholders to explore how we can work towards a solution.

Funding is provided to organisations to fulfil projects or programmes of work and on the basis of outcomes outlined in either business plans or funding applications. Grant levels and conditions are determined accordingly. The general approach to funding and to the criteria which is applied for example in the Equality Fund is based on Scottish Government strategic priorities, identified needs in communities and on the experience and views of stakeholders.

1. The approach we adopt and the priorities we identify in future will be based on dialogue with stakeholders, consideration of the need and evidence, the strategic priorities of the Scottish Government and with reference to legislation and the work around the public sector equality duty. We will determine our approach in partnership and collaboration with interests and stakeholders over the next few months.

Our work on race equality acknowledges that ethnicity is not always identifiable by physical characteristics and as such encompasses those who might be described as visible and invisible minorities. Our funding is directed as outlined above. Whilst projects designed to assist both visible and invisible minorities are supported, funding is not directed and determined on that basis.

Organisations that receive grant funding from the Scottish Government are required to agree by the conditions of the grant which include adherence to equality legislation. Organisations provide reports on their progress regarding the project or programme of work.

The Scottish Government shows leadership in tackling inequalities that exist for transgender people, by taking opportunities to raise awareness of transphobia when speaking at public events, and ensuring issues for transgender people are embedded in relevant policy and legislative development.

The Scottish Government’s approach to lesbian, gay, bisexual and transgender equality is considered progressive in a European context, and we are regarded as the most advanced European country on transgender equality. This is attributed to Scotland’s use of an inclusive definition of gender identity in Hate Crime legislation where crimes have a transphobic motivation. We are also working to introduce the Marriage and Civil Partnership (Scotland) Bill which will remove the requirement on transgender people to divorce before obtaining a full Gender Recognition Certificate.

In addition, the Scottish Government was the first government in Europe to provide direct funding to a transgender organisation. The Scottish Transgender Alliance has been funded by the Scottish Government since 2007, and its current grant is £125,000 per annum for the period 2012-15.

On 30 April 2013, the Scottish Government published its Equality Outcomes and Mainstreaming Report. Although most of the Equality Outcomes can be applied across the protected characteristics, there are two which specifically refer to gender reassignment in the associated activities:

Scottish Government directorates are by 2017 more confident in and better informed on equality and diversity matters and can engage with partners and stakeholders to effect change and improvement.

Progress is made towards the reduction in violence against women by 2017 through a strategic and co-ordinated approach by agencies and women’s organisations.

As an employer, the Scottish Government is committed to treating every employee with dignity and respect. It is our policy to ensure, as far as reasonably practicable, that all staff have equality of opportunity in their terms and conditions of employment and are able to work, and undertake work-related activities, in an environment free from harassment, victimisation, discrimination and/or bullying. Our Fairness at Work policy sets out quite clearly the behaviours we expect from all our staff and is based on the premise that what is deemed to be unacceptable is based on the perception of the recipient. The policy makes specific reference to protection against bullying or harassment based on real or perceived gender identity.

Enforcement of the Equality Act 2010 is not the responsibility of the Scottish Government: it is a matter for the courts and the Equality and Human Rights Commission.

The Scottish Government does, however, act where it has a locus to act, for example, in relation to its Equality Outcomes and the protected equality characteristics of its staff.

There are two Equality Outcomes which specifically refer to gender reassignment in the associated activities:

(1) Scottish Government directorates are by 2017 more confident in and better informed on equality and diversity matters and can engage with partners and stakeholders to effect change and improvement.

(2) Progress is made towards the reduction in violence against women by 2017 through a strategic and co-ordinated approach by agencies and women’s organisations.

In addition, the Scottish Government has committed to have a more representative workforce through its equality outcome “90% of Scottish Government employees are responding to diversity monitoring by 2017 contributing to the Scottish Government workforce becoming broadly reflective of the Scottish population by 2025”.

Our equality impact assessment process helps us to ensure that the rights of transgender men and women under the Equality Act 2010 are considered in relation to new and revised policies and practices.

I have asked Colin McConnell, Chief Executive of the Scottish Prison Service, to respond. His response is as follows.

The SPS Learning and Skills Providers and SPS staff both deliver qualifications under the Scottish Credit and Qualifications Framework.

SPS does not collate information regarding how many prisoners have passed the Scottish Credit and Qualifications Framework Level 4 delivered by SPS staff, however, SPS Learning and Skills providers do record this information.

The following table details the number of prisoners who have passed the Scottish Credit and Qualifications Framework level 4, delivered by SPS Learning and Skills providers in each academic year (1 August-31 July) since 2007.

I have asked Colin McConnell, Chief Executive of the Scottish Prison Service, to respond. His response is as follows:

SPS will over the next three years submit its rehabilitation programmes to the Scottish Advisory Panel for Offender Rehabilitation (SAPOR) for accreditation. A key element of the accreditation process is that SPS evidence how it will evaluate the effectiveness of these.