Policy Appraisal for Equal Treatment, 1998
This Government wants its policies to be relevant to the lives that people live today. This is the route to better government.
Government Departments must take full account of the needs and experiences of those affected by their policies. We must understand how policy can have a different impact on different groups in society. We have to bring this understanding to policy development and work to ensure that the results are fair, lawful and practical, and promote equal opportunities in its widest sense.
This means that in policy making and employment practice, we have to consider the impact on those who have found the actions and attitudes of others placing obstacles in the way of equality of opportunity. Most particularly, the impact upon women, people from different ethnic minorities and disabled people. This process has come to be known as "mainstreaming". These guidelines are intended to help officials bring about that shift.
Better government means working together across Departmental boundaries to deliver policy and services more effectively.
Everyone who is involved in the development and implementation of policy and programmes has a key role to play. It is your responsibility to assess properly how your work is likely to affect different groups and to take action to ensure they are taken into account from the beginning of the policy process and in its evaluation. It is important that you can show that you have considered the issues thoroughly and acted where necessary.
These guidelines underline this Government's commitment to the process, by highlighting the simple steps that civil servants need to take.
All Government Departments will be expected to ensure that they have implemented the policy appraisal guidance effectively. It is important that you have confidence that the issues are being considered thoroughly and acted upon where necessary. The result will be better government.
Policy appraisal is both common sense and good practice. You and your Ministers need to know how your policies and programmes will affect the public and you need to make sure that they comply with the law. But policy appraisal is not just about the law; it is about good government. Ministers want to know how new and existing policies will affect different sections of the population. Unless you find out about the impact on different groups, you cannot be sure whether policies are having the effect Government intends. Once you have analysed the impact of your policies, then you need to decide what to do about any adverse differential impact.
UK discrimination law currently covers sex, marriage, disability and race. In addition the Government is bound by EC law, which currently covers discrimination on the grounds of sex, marital status, pregnancy and maternity only, but is likely to be extended, under the Amsterdam treaty. The UK is also a signatory to various international treaties and conventions prohibiting discrimination on other grounds. Further detail on relevant anti-discrimination legislation, the groups covered, and the lead Department is given in Appendix A.
There are 3 steps in the policy appraisal process:
- Check how your policy or
programme will affect, either directly or indirectly, different groups of
people - for example women and men, disabled people and those from different
ethnic groups.
You need to be sure that the measures will not result in unlawful discrimination (see appendix A for an outline of anti-discrimination provisions).
You also need to consider the question of unequal impact on those groups who do not enjoy specific legal protection but who, as a matter of good policy, you will wish to consider, such as older people or groups toward whom specific policy initiatives are being directed, such as young unemployed people. - Identify whether there is any adverse differential impact on a particular group or groups and then decide whether it can be justified in policy terms even if it is legally permissible.
- Take action, if necessary.
When you present policy proposals they must include an impact analysis which clearly brings out the effect on particular sections of the population, and how you have addressed any relevant differences.
What must I do ?
1. Find out all you can about the potential impact of a proposal:
- Make full use of existing research and statistics; if necessary commission new data, ensuring that statistics are separated by gender, race, disability and age, as far as it is possible to do so;
- Consult the relevant contact on issues specific to their policy areas (see Appendix B), if necessary and as appropriate;
- Consult established interest groups, if necessary and as appropriate;
- Consult those who are likely to use your service, as appropriate;
- Carry out a differential impact assessment, based on this and any other relevant information.
2. Use the information you have gathered to decide whether there is likely to be a differential impact upon a particular group or groups in society and, if so, whether this may be unfair or unlawful, or contradict overall Government policy concerning opportunities or services for certain groups. Don't forget that there may be an adverse differential impact which arises indirectly. Rules which limit the access of a particular group to a service, for example changing the location of a service provider, could indirectly have an adverse effect on those with limited access to transport, such as those with low incomes or disabilities. And remember, some groups can suffer multiple disadvantage, such as black women.
3. If you discover that some groups will suffer an adverse differential impact:
- Ensure that the course of action you propose is legally permissible;
- If it is not legally permissible, amend the policy or programme;
- If it is legally permissible, decide whether the difference is justifiable in policy terms. If it is a programme intended specifically to address the needs of a particular group, it may be justifiable. Judge whether the differential impact is acceptable within the context of the programme. Where necessary, amend the policy or programme;
- Ensure that your Ministers and senior officials are aware that you have considered the adverse differential impact of any policy or programme and record that you have done so. The outcome of policy appraisal should always be brought to the attention of Ministers.
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