The operation of the Public Sector Equality Duty in Scotland

Closes 28 Feb 2025

Opened 7 Feb 2025

Contact

Equalities, Human Rights and Civil Justice Committee

ehrcj.committee@parliament.scot

Overview

The Committee has agreed 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.

The Committee will explore whether the other proposed reforms will improve the delivery of the general duty.

The Committee is expected to start work on this inquiry at its meeting on 4 March 2025, for a period of three weeks. It will then consider its next steps.

The Committee has agreed to seek views in writing to inform those sessions.  It will consider responses and use these to form the basis of questions at the evidence sessions. It may also decide it wishes to hear from people and organisations directly on the responses they give to this call for views. 

Questions

  1. To what extent do you think that listed public authorities understand the terms and the aims of the PSED in Scotland? 
  2. Is the PSED in Scotland delivering on its aims to improve outcomes for people with protected characteristics? 
  3. Do you think the Scottish Government’s proposed reforms will assist listed authorities in embedding an equalities focus and in turn improve outcomes for people with protected characteristics? 
  4. What are your views on the Scottish Government’s revised approach to assisting listed public authorities to embed inclusive communication? 
  5. How effective do you think the Equality and Human Rights Commission is at regulating public authorities’ performance against the PSED? 

How to submit your views

Please submit your views using the online submission form, linked to below.

We welcome written views in English, Gaelic, Scots or any other language. 

The call for views closes on 28 February 2025. 

Please contact the clerks to the Committee should you wish to respond in another way. 

Give us your views

Click here to complete the submission form

Interests

  • EHRCJ