cab(19-20)19 annex c deeds not words - review of gender ... · page 1 of 35 cab(19-20)19 annex c...

of 35

CAB(19-20)19 Annex C

Deeds not Words - Review of Gender Equality in Wales (Phase 2)

To note, recommendations which were considered by ExCo on 26 September have been highlighted in the table below. However, there are a number of recommendations that need consideration by a number of areas across Welsh Government due to their complexity. Cabinet will consider the recommendations in full on 4 November. All of the recommendations and responses from officials have been included to provide a complete picture of the recommendations in Deeds not Words.

Recommendation Owner Comments

Vision and Leadership

1. To ensure success there is a need for leadership and demonstrable commitment at the highest level from all Ministers and Senior Civil Servants.

Welsh Ministers and the Permanent Secretary

This overarching recommendation appears to be underpinned by delivery of other recommendations. For example, ‘demonstrable commitment’ by Welsh Ministers may be satisfied by the annual statements proposed in recommendation 2 below. The report also states that “strong leadership has also been shown in adopting the vision and principles” and identifies the next phase as being to “develop further elements of a mainstreaming approach” which would seek to embed the commitment in day to day activity.

The Welsh Government’s Board Equality and Diversity Champion is responsible for ensuring equality, diversity and inclusion matters play a central role in the Board’s agenda. This role is crucial in strengthening our approach to equality in the workplace and driving forward our ambition to be a fully diverse and inclusive employer. There are Diversity Champions for each Group in the Welsh Government as well as Senior Sponsors for Staff Networks and Support Groups - all members of the SCS. A number of high profile communication and engagement events supporting equality and diversity in the Welsh Government have also been undertaken by the Permanent Secretary, such as Let’s Talk Respect, and are referenced throughout this document.

Leadership is also being demonstrated to improve the diversity of Ministerial public appointments.

of 35

2. Now that there is a vision

in place, Phase One Recommendation Five should be accepted and implemented, which called for a shared statement from the entire Cabinet setting out how they are advancing gender equality and individual statements by Ministers on an annual basis on how their portfolio is advancing equality of outcome. This should be connected to annual equality reporting requirements that are already in place.

Cabinet Regulation 16 of the EA (Statutory Duties) Regulations 2011 set out the annual reporting requirements. Those relate to authorities in general (e.g. the Welsh Ministers), therefore any split by portfolio would be an internal matter.

The key question is how this recommendation will be delivered in practice. It may be preferable to continue to publish a single document, comprising a shared ‘whole of government’ statement and individual portfolio statements. A single report would likely be more straightforward to coordinate, and more easily received by stakeholders compared with a piecemeal approach. It would also seem to be an iteration from current reporting requirements and so may be implemented more swiftly.

3. Welsh Government should find creative and innovative ways to engage government staff, sponsored bodies and agencies and the wider public. This should be done directly and through stakeholders, to ensure that there is widespread understanding and support for the new vision, including how it aligns with existing agendas such as WFG

Permanent Secretary/ Organisational Development & Engagement/ Futures & Integrated Policy Making/Public Bodies Unit

Engaging Government Staff In May this year, the Permanent Secretary launched a high profile, multi-channel internal campaign that focuses on dignity and respect at work. This includes issues relating to gender equality and clearly articulates a vision for a workplace where everyone is enabled to reach their full potential.

Engaging Wider Public A communications and engagement plan will be developed as well as setting up of an Implementation Board chaired by the Deputy Minister and Chief Whip. The Implementation Board will have external representatives across the equality agenda and senior representatives from within Welsh Government including the Board Equality and Diversity Champion.

Well-being of Future Generations Act Alignment Earlier this year the Welsh Government input into the UK Voluntary National Review of the UN

of 35

Act and human rights. Sustainable Development Goals (SDGs), and as part of this prepared a supplementary report

for Wales. It has provided an excellent opportunity to re-engage stakeholders four years after the SDGs were agreed and the Well-being of Future Generations (Wales) Act 2015 (WFG Act) was passed. There is a renewed appetite for the involvement and engagement ofcivil society in

accelerating efforts to achieve Wales’ seven well-being goals. In recognition of this, the Welsh

Government is strengthening its involvement of stakeholders in the implementation of Agenda 2030 and the Well-being of Future Generations (Wales) Act 2015; we are exploring the potential for re-invigorated involvement of civil society and the potential for a stakeholder forum, to drive forward the next chapter of Wales’ sustainable development journey. This will form part of a wider piece of work looking at the most effective ways of involving people and communities in the shaping of Welsh Government policy and delivery.

Engaging Sponsored Bodies The Welsh Government also hosts a regular Public Leaders Forum for all arm’s-length body chairs and CEOs to discuss key issues on a regular basis. Continuing to improve the diversity of public appointments is a key agenda item, particularly in relation to improving the diversity of public appointments and put in place sustainable measures for supporting and developing appointees from protected groups.

4. Senior Officials and Welsh Ministers should ensure that they use their positions of influence to challenge policy and practice that falls short of the new vision, including through Permanent Secretary Challenge sessions (across Government), Ministerial Advice notes and other methods

Permanent Secretary/ Cabinet

WG Policy Profession / Community Work is underway to strengthen our approach to policy making, specifically our approach to assessing policy impacts in a more integrated way (IIA). This includes exploring the possibility of a digital process which improves information sharing and transparency of decision making. New guidance and training will be available to officials in due course which provides an opportunity to include the new vision on gender equality.

Permanent Secretary “Challenge Sessions” The Permanent Secretary holds “Challenge Sessions” with policy leads to support cross- government working and strengthen policy making.

of 35

5. Welsh Government

should build on progress that has already been made and the evidence- base provided by the Gender Equality Review, to work with experts and develop a Welsh equalities mainstreaming approach, based on an equity model. The implementation of this approach should be structured, focused on organisational change and accompanied by a clear timetable.

Permanent Secretary/ Organisational Development & Engagement/ Equality Team

This will require further work and an implementation plan, to be developed through the proposed Implementation Board (see Recommendation 42).

Legislative Framework - process alignment

6. It will be necessary to select a date, and decide upon a point in time at which Welsh Government and public bodies might align the processes for engaging/ involving, objective setting and planning delivery against their well-being and equality objectives.

Legal Services/ Futures and Integrated Policy Making/Equality Team

This is subject to review, although alignment would be more easily achieved by amending the requirements under the 2011 Regulations, in relation to the PSED, to fit in with the WFG duties, if possible, because that would be by means of secondary rather than primary legislation.

7. Ensure that Public Services Boards, Regional Partnership

Local Government/ Economy Skills

The constituent bodies already have equality duties placed on them. The Public Services Boards and Regional Partnership Boards are not legal entities in their own right, but a partnership of these bodies. They are also not directly accountable to Welsh Ministers. There is

of 35

Boards, and Regional Learning and Skills Partnerships demonstrate how their work has promoted equality, and encourage City Deals such as the Cardiff Capital Region to do so (even though they fall under UK Government for reporting). If bringing any of these into the scope of equality duties is problematic, using softer mechanisms such as Ministerial remit letters or internal audit mechanisms may be appropriate.

& Natural Resources (City Deals/Regional Learning and Skills Partnerships)/ Health & Social Services (RPBs)/Legal Services

no basis or value for placing a duty on them twice. However, in the cycle of updating Public Services Boards guidance, we could review how we describe more explicitly our expectations in reporting how they need to, or will, promote equality – taking care not to change the balance with the other Well-being Goals.

Any new requirements on PSBs would require primary legislation. However, s51 of the WFG Act allows WMs to issue guidance to PSBs on the exercise of their functions. As stated, consideration could also be given to include provision in the remit letters.

Any new requirements on RPBs would also require primary legislation, however Ministers may issue guidance to RPBs under Part 169 of the Social Services and Well-being (Wales) Act. The Population Needs Assessment required of each region by the Act must set out the needs of people and the extent to which those needs are being met.

Regional Skills Partnerships work closely with City Deal and Growth Deal structures and identify regional skills priorities based upon employer led labour market intelligence. They are due to submit three years strategic regional employment and skills plans in August 2019. They do promote gender equality as part of their ongoing work. We could look to make this a contractual requirement in 2020.

8. Welsh Government and Public bodies should:

Incorporate objectives and strategic plans for well-being, equality and VAWDASV into corporate plans. This would situate aims and objectives within the core business and may increase awareness of the

Public Bodies Unit/VAWDASV/ Local Government/ Health & Social Services/ Knowledge & Analytical Services/Legal Services

Work will need to be done to provide a consistent mechanism across Welsh Government to do this. The Implementation Board will consider options for this along with supporting advice from Legal Services where there are statutory duties and to consider the context of the Public Sector Equality Duty.

The Welsh government diversity strategy for public appointments will be underpinned by an implementation plan. The strategy is anticipated to be published in December 2019. It will include a vision and key objectives for improving the diversity of public appointments, including support for protected groups following successfully achieving a public appointment. Support for near miss candidates will also be made available. The public appointment process is being reviewed in consultation with key stakeholders and will be equality impact assessed.

of 35

connection between well-being and equality with staff working in different policy areas.

Undertake joint engagement and involvement activities to inform equality and well-being duties to demonstrate the inter- relationships between equality, well-being and VAWDASV and identify common issues and solutions.

Set mutually reinforcing well-being, SSWB, VAWDASV and equality objectives

Integrate equality research into well- being assessments to draw out structural dimensions of inequality, which is necessary to successfully implement both WSED and WFG duties. This may require changes to statutory guidance related to the

More generally, as the governance arrangements underpinning the Welsh Government's relationship with Public Bodies are refreshed equality and diversity considerations will be an integral part of the review process.

of 35

assessment of local well-being.

Carry out equality impact assessments on well-being statements and plans, to ensure that they are focused on equality of outcome.

9. FGC and EHRC should:

Publish joint advisory guidance to help public bodies to consider the inter- relationships between well-being and equality, the shared aims, and benefits alignment can bring.

Publish a combined engagement and involvement framework using the principles of the WSED and WFG Act to support public bodies to foster better links between staff working on equalities and well-being and deliver joint engagement work.

Work with other regulators and

FGC/EHRC Potentially this could be achieved, albeit it would have no statutory effect and therefore could not override guidance issued by the WMs under s14 (or s51) of the WFG Act. Also care would be needed to avoid possible inconsistence and confusion, if there was more than one set of guidance.

Third bullet point – any sharing of information would need to be considered from a GDPR perspective and might not always be possible depending on the circumstances.

Final bullet point – again care would be needed to avoid making the more equal Wales goal more prominent than the other well-being goals, all of which have the same ‘status’. The Future Generations Commissioner for Wales is due to publish ‘A Journey to a More Equal Wales’ to assist public bodies in maximising their contribution to the well-being goals. This complements a series of ‘Journey Checkers’ for the well-being goals. The Welsh Government has fed in to this work.

of 35

inspectorates to improve information sharing to identify bodies that may need further encouragement to fulfil their well-being and equality duties in a meaningful way

Issue joint non- statutory guidance on the practical application of the combined operation of the “More Equal Wales” well-being goal, the PSED and socio-economic duty.

10. Regulators and inspectorates must have a bigger role in assessing how equality and well- being is being promoted through policy delivery, as well as checking for compliance with the duties. Aligning assessment, engagement and reporting requirements could support this.

Regulators/ Inspectorates/ Care Inspectorate Wales/Estyn/ Healthcare Inspectorate Wales/Future & Integrated Policy Making

Note that the EHRC is outside legislative competence; therefore any arrangements would need to fall within their existing remit.

Estyn considers aspects of wellbeing and equality during inspection of schools and FE.

As set in law, inspectors must report on the contribution of a school to the wellbeing of pupils. The common inspection framework includes an inspection area ‘wellbeing and attitudes to learning’ and considers a range of areas that contribute to pupils’ wellbeing. Inspectors will also consider how well the school tracks and monitors pupils’ wellbeing.

In relation to equality, inspectors consider how well pupils are developing as ethical, informed citizens, for example, through their awareness of fairness, equality, tolerance, sustainability and children’s rights. Inspectors will also consider how well the provider helps pupils to understand issues relating to equality and diversity and develops the values of tolerance and respect; and to what extent the provision challenges stereotypes in learners’ attitudes, choices and expectations

of 35

and how well it promotes human rights.

Providers must publish a strategic equality plan with objectives and publish an annual equality report. Inspectors will consider that the provider has published a plan, annual report and strategic objectives; the steps the provider is taking to meet the objectives; arrangements to monitor progress to meet the objectives and how it identifies and collects relevant equality information; and its arrangements for assessing the likely impact of any policies and practices on protected groups, monitoring actual ongoing impact and publishing reports where an assessment shows a substantial impact or likely impact on the providers ability to meet the general duty.

Estyn is an independent organisation and as such inspection arrangements or any proposed changes to them are a matter for the Chief Inspector to consider.

Estyn’s response confirmed inspection and thematic remit activities currently have a strong focus on how well providers are promoting equality and well-being. Inspectors are asked to consider equality and diversity issues across all activity areas. Aspects of equality are covered throughout the five inspection areas of the common inspection framework:

Standards

Wellbeing and attitudes to learning

Teaching and learning experiences

Care, support and guidance

Leadership and management

Inspection findings are published in inspection reports, which are available on Estyn’s website. The Inspectorate does not single out any one protected characteristic over another in their inspections unless they have intelligence that gives them cause to do so. Estyn also produce best practice guidance including on equality and well-being issues on their website. Estyn has also produced supplementary guidance on equality, human rights and English as an additional language for staff to consider during inspection activity. Their strategic equality aim is to continue to mainstream equality and human rights in every aspect of our work by identifying the

of 35

key actions we need to take across all the relevant functions, policies and practices.

Estyn gathers information and reports on equality issues in their remit work which covers a variety of themes. Their remit reports make recommendations for local authorities, education and training providers, the Welsh Government and other agencies as appropriate. These recommendations include actions aimed at improving equality of access and provision and in some cases training materials are provided.

The Inspectorate’s management structure includes lead officer/inspector roles to establish specialist understanding and management of aspects of Estyn’s inspection and corporate policy activities. The roles are cross-cutting in nature and cover all aspects of service provision and our own internal business operations. In relation to this recommendation, Estyn have two roles:

Lead Inspector for Equality and Human Rights

Lead Officer for Diversity and Equality (corporate policy).

Staff are kept informed of equality issues through these roles. For example, staff have recently been reminded of unacceptable and acceptable language in relation to sexual orientation and relevant reports are regularly shared with HMI.

Accredited as an Investor in People since 1999, Estyn recognises that each person brings different skills and experience to our organisation, and encourages all staff to develop their talents. At the same time, Estyn welcomes diversity and value differences.

CIW regulates and inspect social care and child care services in Wales in line with the Social Services and Well-being (Wales) Act 2014, the Regulation and Inspection of Social Care (Wales) Act 2016 and the Children and Families (Wales) Measure 2010. This legislation focuses on well-being outcomes for people.

Through the implementation of outcome focused inspection frameworks, we will ensure all people irrespective of gender or any protected characteristic, are supported to achieve the best possible outcomes, their rights are being respected and their quality of life enhanced.

of 35

Healthcare Inspectorate Wales is committed to the principles of equality, human rights and diversity in all the work we do.

We check how well NHS services meet the Health and Care Standards (2015), and whether independent services are meeting the National Minimum Standards for Independent Healthcare Services in Wales (2011).

This includes checking:

That everyone is treated with dignity, respect, compassion and kindness

That the needs of individuals are addressed whatever their identity and background

That people’s human rights are upheld

How well providers are using the Mental Capacity Act to promote and protect the rights of people using their services

How services are protecting the human rights of people who are detained under the Mental Health Act.

Well-being of Future Generations Act - Accountability Accountability for the delivery of the shared purpose and requirements of the Act rests with those public bodies subject to the Act. In addition, the Act strengthens accountability through new arrangements and changes to existing methods of review or scrutiny. The accountability arrangements ensure that there will be consequences for non-compliance by public bodies. For public bodies subject to the WFG Act these focus on the Future Generations Commissioner for Wales and the Auditor General for Wales (examination duty). It will be for regulators to understand the context in which public bodies are working but it is not considered necessary to give them an additional role.

11. Refreshed WSED should require that annual reports and action plans are published on a central, searchable

Equality Team/ Knowledge & Analytical Services

The 2011 Regulations require publication of reports.

The Welsh Government is working closely with the EHRC to review the Welsh Specific Regulations (2011). Following a successful joint seminar in July 2019, attended by

of 35

website, which will support better monitoring and scrutiny.

representatives of the majority of Welsh public bodies, this is being taken forward with a view to updating the regulations in the next 18 months.

The recommendations of the Gender Equality Review regarding tackling severe inequality, alignment of duties, objective-setting, the five ways of working, mainstreaming equality and EIAs, will be kept to the forefront as this progresses.

Work is also underway to improve PSED reporting arrangements, via a new Public Sector Equality Duty webpage on the StatsWales website, launched in September. The page makes available links to equality data for Welsh public bodies, in open data format, in a single location. Discussions with public bodies will continue, as part of the review of the Welsh regulations, with a view to ensuring that annual equality plans, reports and related data are readily accessible and consistent across the Welsh public sector.

Building the evidence-base linking equalities and well-being

12. WG has recently consulted on the national milestones under WFG (April 2019). Steps should be taken to ensure equality is included in these and there is also some read across to the SSWB framework.

Knowledge & Analytical Services/Legal Services/ Futures & Integrated Policy Making/Health & Social Services

This is already built into the WFG Act - the milestones (s10(3) & (4)) measure progress towards the achievement of the well-being goals, which include a more equal Wales.

There is a commitment to disaggregate the national indicators by protected characteristic where the data is available.

13. A series of ‘think pieces’ that bring an equalities ‘lens’ to community cohesion, individual resilience, how equality and well-being could be promoted through inclusive and low-carbon

Equality Team/Economy Skills & Natural Resources (Landscape & Outdoor Recreation/ Decarbonisation

From an outdoor recreation/green spaces perspective, this seems reasonable. The ‘think pieces’ would be new/commissioned work although the recommendation is not clear if these would be done by Welsh Government or commissioned by external stakeholders. The latter would be the better approach as it would be more delivery focused.

The Equalities team’s work on Community Cohesion includes working with local authorities, the police and third sector equality and inclusion organisations to ensure that cohesion takes root in

of 35

economies, access to green spaces, sports and community activities etc.

& Climate Risk/Sports Policy)

all communities. We also fund regional community cohesion coordination teams who play a vital role in supporting this work in 8 areas across Wales.

We would be very interested in how action towards a low carbon economy, community activities, sport and the provision and access to green spaces could impact on and promote community cohesion, individual resilience, support equality of opportunity and improve well-being. Policy decisions and action in the areas listed in this action, would sit directly with economy, sport and outdoor recreation policy areas and integrated impact assessments should enable these to be assessed for their impacts on communities and the protected characteristics

14. A worked case study with Local Authority and/or national body to provide practical insights into aligning well-being, equality, VAWDASV and SSWB. Work on aligning well-being and equality is already taking place within the National Public Bodies Network and the North Wales Public Sector Equality Network, suggesting they would be good candidates for a case study. Depending on timing, the research remit could include assessing how ‘the socio- economic duty’ and well- being duty can work in concert.

Public Bodies Unit/VAWDASV/ Health & Social Services/Local Government

A worked case study would be helpful in encouraging take up of alignment and demonstrating that it can happen. It is more likely that in the short term such a case study could only be ‘working towards’ since there are constraints identified in the report and in responses to other recommendations which mean that full alignment is a long term aspiration. Nevertheless, there may be good examples that can be explored and built on

of 35

Future Proofing

15. In implementing the socio-economic duty, Welsh Minister’s should:

Draw upon the wider definition of social and economic disadvantage set out Scotland, and set out how socio-economic disadvantage interacts with poor well-being, and how people with certain protected characteristics can be more likely to be in low pay and find it difficult to escape poverty.

List the strategic documents to which the duty must be applied in statutory guidance and set out a clear vision that aligns with existing visions for equality

Ensures that consultation considers the intersection between low income, inequalities and poor

Welsh Ministers/ Equality Team

This will be a matter for the guidance issued under s.1(2A) of the Equality Act. Second bullet point - any list would need to be inclusive and, presumably, indicative. Guidance itself will not impose obligations.

In commencing the socio-economic duty, guidance will be issued to public bodies to support them discharge the duty. This will include setting the context within which it will sit i.e. how socio-economic disadvantage interacts with other certain protected characteristics and how it aligns with existing visions for equality.

of 35

well-being.

16. When reviewing the WSED, consideration must be given to how Welsh Government and public bodies can deliver on the ambition set out in the gender equality vision, as well as better meet the requirements of the PSED. This should include:

How we tackle the most severe inequalities, as highlighted in Is Wales Fairer? and other reports and benchmarks such as our State of the Nation 2018.

How greater alignment between WSED and other duties can be further strengthened

How a new specific duty could require public bodies to take steps that are necessary and proportionate for the progressive realisation of equality,

Equality Team/Futures & Integrated Policy Making/Legal Services

Noted, although regarding the second bullet point, the guidance will not be able to stray into the exercise of other statutory duties, the WSED is about the better performance of the PSED, although the guidance could include provision on how the PSED could be improved through greater alignment with other duties.

Fourth bullet point - that appears to be more for guidance under the WFG Act, although again it is implicit within that Act. Fourth bullet point (5 ways of working) – if the public body is already subject to the WFG Act then they would be expected to take into account the five ways of working. If there is a suggestion for public bodies not captured by the WFG Act to apply the five ways of working this would stray into amending section 6 of the WFG Act which lists which public bodies. We would not advocate ‘cherry picking’ just the SD principle duty (ways of working) to apply to non WFG public bodies.

Fifth bullet point - this quite vague, more detail is needed on how this would apply in operational terms. Mainstreaming is very subjective – same challenge that was posed in developing the WFG Act, the WFG Act focus on ‘what’ organisations are focusing on, ‘how’ they work, and how the communicate progress was considered a better way to ‘mainstream’. Simply saying ‘mainstreaming’ is not effective. The five ways of working under the WFG Act are in effect the five ‘behaviours’ that we expect public bodies to demonstrate.

Sixth bullet point - potentially, although care will be needed not to single out gender to the detriment of the other protected characteristics covered by the PSED.

Eighth bullet point - Similar to recommendation 11 above. The WFG Act has left the discretion on where the statements and objectives and annual reports should be published down to the public body so that it can be embedded in their communications approach. What would a central searchable website look like – would it be a list of documents?

of 35

leading to coherent equality objective- setting across public bodies in Wales

How a new specific duty could require public bodies to apply the WFG Act ‘five ways of working’ to the setting of equality objectives, noting that short-term objectives will also be needed

A new ‘mainstreaming equality duty’ which requires public bodies to show how all the equality duties (General and Specific) have been mainstreamed by becoming integral to structures, behaviours and culture.

A new specific duty that strengthens the use of Equality Impact Assessments (EIAs) at the beginning and throughout policy development to challenge supposedly ‘gender-neutral’ policy-making, and to change their use as

of 35

retrospective checking instruments.

A new specific duty that requires public bodies to publish their Well-being Statements or plans, strategic equality plans and annual reports, on a central searchable website.

Assessing Impact

17. Make immediate changes to the current tool as set out in the supporting paper Assessing Impact.

Permanent Secretary/ Futures & Integrated Policy Making

We are carrying out a review of the Integrated Impact Assessment tool to improve its effectiveness as a tool to drive better policy-making, and to communicate positive and adverse impacts from a particular policy and actively identify opportunities to promote equality.

18. Review and refresh training and job aids in relation to IIA to ensure it includes reference to statutory equalities requirements and that they are engaging and user friendly. The GBA+ job aids and training suite provide a strong example of good practice which could be replicated.

Permanent Secretary/ Futures & Integrated Policy Making/ Organisational Development & Engagement

IIA training is in the process of being reviewed and refreshed.

19. The Assembly Commission should

Assembly Commission

The Assembly Commission acknowledge this report, and will write to Chwarae Teg directly to address its recommendations.

of 35

review processes for induction and continuous development of those who scrutinise Welsh Government, including Assembly Members and Committee Support Staff, so that they are informed of the purpose and application of the new IIA tool and build confidence and competence across Welsh Government, regulator and auditor functions and bodies to strengthen ability to challenge, and scrutinise with a gender and broader equalities lens- looking beyond compliance to quality, and equality of outcome.

20. Leadership and challenge from senior figures in government is essential to successful implementation of IIA. The role of Ministers and senior civil servants in championing the role of IIA and challenging both quality and compliance should be clarified and leaders within Welsh

Permanent Secretary/ Organisational Development & Engagement

Work to improve policy-making within Welsh Government is being taken forward, overseen by the Head of the Policy Profession. Policy making capability has been reviewed and the Permanent Secretary will launch recommendations, and senior leaders will promote the recommendations and actions to be taken forward to implement them. Each Department has been asked to nominate a senior Policy Champion to provide support and advice to policy teams, as well as take part in broader activity to improve policy making, and further develop our professional community for policy making.

There is also ongoing review of the IIA process, training provision and re-design of the guidance to undertaking IIA as part of the policy-making process.

of 35

Government must ensure better use of equalities evidence as part of the impact assessment process. Policy officials should engage with Knowledge and Analytical Services (KAS) at an earlier stage in the process. To do so may require the up-skilling of policy officials to improve their evidence analysis skills.

KAS are part of the delivery of the IIA training. The need to upskill policy officials in evidence analysis skills is recognised.

21. Introduce a process for systematic auditing of a sample of IIAs from across Welsh Government departments to routinely assess for quality, compliance and progress towards the vision for gender equality. This would be best delivered through external scrutiny, so Welsh Government should work with Wales Audit Office to implement this change. Such review should not only report on compliance with IIA requirements but also on use of training and

Futures & Integrated Policy Making/Auditor General for Wales

The powers and duties on the Auditor General for Wales are for them to discharge as provided for under the Act. It would be for the AGW to decide whether to use their examination duty and powers under the WFG Act to do this (however, this is not a specific power in the Act but may feature in the ‘report on the results’, or other powers they have (such as a Value For Money review).

of 35

resources, but also inclusion of IIA findings in ministerial advice notes.

22. Review the Ministerial Advice process to analyse how well the current practice of requiring impact assessment summaries is working, and consider a mandatory requirement for equalities analysis to be included.

Cabinet Division The EIA is already mandatory as part of the Integrated Impact Assessment. Training and support materials for IIA will address how officials should inform MA with the assessment of impact.

Mainstreaming Model

23. Welsh Government should run a ‘real-time’ pilot of the policy model set out in this Chapter, and in more detail in the supporting paper, and consider how it could be embedded into Welsh Government as part of wider work to build the policy profession. Consideration will need to be given to time and resource pressures which are currently perceived as a barrier to evidence-led policy-making.


During the Equality Mainstreaming Workshops, the mainstreaming model was utilised to support a review of the Welsh Government public appointments process with a specific focus on improving the diversity of leaders in public office. Officials found the model to be logical, offering a thought-provoking and detailed analysis of the options for improving the public appointment process and giving due consideration to the types of intervention required in order to improve the diversity of public appointments. Thinking and findings from the workshop are being proactively applied to work related to reviewing the public appointment process

We are investing in a number of activities to improve the foundations of policy making in Welsh Government, in particular using the policy life cycle, embedding the five ways of working into our approach and how we assess impact of policy options. This work will help to ensure that equality is at the centre of our policies, as well as ensuring that citizens and stakeholders have a voice in the process.

of 35

24. To build analytical

capacity within Welsh Government, work to bolster the policy profession should include upskilling officials to analyse evidence through an equalities lens and re- value qualitative evidence. As a result, officials should be more informed users of research and evidence and better able to interrogate evidence and identify gaps.


The current corporate programme of learning offers a comprehensive policy training offer, including a focus on analysis and evidence, assessing impacts etc. as well as wider equality and diversity topics. The learning offer will need to adapt to reflect the priorities identified as part of the Policy Capability Review.

KAS already contributes to Masterclass training and also delivers Integrated Impact Assessment training. KAS will take into account this recommendation when designing/delivering the training.

25. KAS should create a set of questions or expectations that Ministers, public authority scrutiny mechanisms, and regulators can use as questions to integrate what is working/what thinking there is about testing, reflection and change. The guidance should enable scrutineers to ask: ‘What evidence have you used and how has it been applied’? ‘What creates this inequality/poor well- being/ behaviour/ lack of

Knowledge & Analytical Services

It is not possible to define a single set of questions as the issues are context specific. However, The Welsh Government Integrated Impact Assessment toolkit covers a wide range of impact areas which include both equality and well-being. KAS input to the training for staff to show how evidence can be used and how KAS can help

of 35

participation’? ‘How far has this issue changed’? ‘What have you learned, and how would you do it differently’?

26. To build analytical Third Sector KAS has been working with the WCVA to develop better links with statisticians and researchers capacity among external users of evidence consideration should be given to the value of

Unit/Knowledge & Analytical Services

and is happy to support training if it can be facilitated by the Third Sector Unit. KAS is also starting to work with the WCVA to host specific webinars for Third Sector analysts and has been promoting Third Sector analytical support schemes

training for the third

sector, delivered in

partnership with the

WCVA.

27. Partnership working should be strengthened through:

The creation of an equalities research forum that brings together the Welsh Government, universities, research councils, public sector, third sector and research funders.

Analysing whether it is possible or desirable to create data ‘read-across’ from various indicator sets including the EHRC’s

Knowledge & Analytical Services/Third Sector Unit

1st bullet point - KAS agrees that this would be beneficial and will look into setting up such a forum2nd bullet point - The National Indicators provide the primary statutory framework for measuring national well-being in Wales, and these are already mapped against the UN SD Goals. As part of the current light touch review of the national indicators we will consider the measurement framework used by EHRC and whether any indicators within that framework could add value to the national indicator set.

3rd bullet point - KAS already has close links and meets regularly with ONS, including the Centre for Equality and Inclusion. As an example of the latter, Welsh Government’s Chief Social Research Officer sits on the Centre’s board plus there is a KAS representative on the Religious Disparities Task and Finish Group which is being facilitated by the Centre for Equality and Inclusion. We will also look to invite ONS to be part of the equalities research forum described above

4th bullet point - KAS will look into developing closer relationships with third sector organisations and will ensure these organisations will be involved in the equalities research forum when this is created. KAS will liaise with the Welsh Government Third Sector Unit to ensure third sector organisations are aware of the forums being run

of 35

Measurement Framework and National Indicators.

Closer working with the ONS, particularly the Centre for Equality and Inclusion

Closer relationships with third sector organisations and other external stakeholders through forums like the Third Sector Statistical Users Panel. Awareness of these forums must improve to widen participation.

28. The availability and accessibility of equalities evidence should be improved by:

Revisiting previous evaluations of Welsh Government programmes to consider broad themes, including impact on equalities and well-being

Continuing with data linkage projects. All public bodies, including UK

Knowledge & Analytical Services/ Equality Team/Futures & Integrated Policy Making

Agree with the value of undertaking this work and will look into how best to develop best practice procedure in this area

KAS is committed to exploring the opportunities available via data linkage and will take this forward through the Administrative Data Research Wales (ADR Wales) partnership with data science experts from Swansea and Cardiff Universities. It is planned that any ADR Wales research should give due consideration to equality issues, where appropriate and possible

of 35

Government Departments should cooperate and provide access to databases to support this work.

Exploring the opportunity for joint PhDs with Welsh universities focused on equalities.

Making it clearer to external stakeholders that the Annual Well- being Report is part of a suite of evidence and improving online links between related releases.

Including further information in the next Future Trends report on how inequalities might be diminished or widened by changes in the economy, employment, public service provision and societal change, and how current inequalities may impact on Wales’ ability to take advantage of

KAS already runs joint PhDs with Welsh universities and will consider setting up a PhD project focused on equalities

Agreed that it is important external stakeholders are aware of the suite of evidence available to them and will look into making this clearer in forthcoming Annual Well-being reports.

KAS agrees with the principle that such information should be considered as part of Futures thinking in Welsh Government, including future reports where it is possible to do so.

of 35

opportunities in these areas

Creating a dedicated and engaging Welsh Government website for equality policies, monitoring information, equality evidence and infographics (Phase One Recommendation). This can be informed by other hubs for equalities evidence.

KAS will contribute evidence as required. It is also worth noting that Welsh Government statisticians are looking into the feasibility of providing a catalogue of StatsWales datasets that are available according to different protected characteristics, to supplement the Well-being of Wales report and other reports in future. Officials will work together to develop this.

29. Consideration should be given to the creation of an equalities unit within KAS. This unit could support greater equalities analysis as part of regular releases, as well as provide expert advice and guidance to colleagues designing new surveys and research projects and take a pro-active role in reviewing existing equalities evidence and commissioning projects to plug identified gaps.

Knowledge & Analytical Services

Under current organisational structures, KAS does not have additional resource to populate such a unit and therefore this would require redeployment of analytical resources from other teams. KAS will consider what value an equalities unit would add to research and statistics work in Welsh Government, particularly in the light of how the organisation responds to the other recommendations

of 35

Budgeting

30. A strengthened IIA tool could be used for the budget as well as policy development to bring greater consistency to impact assessment across Welsh Government

Permanent Secretary and Welsh Treasury/ Strategic Budgeting/ Finance & Policy Profession

Work is already underway within Strategic Budgeting to improve the assessment of impacts for the annual budget process. This will need to align with the action being taken forward to respond to the recommendation under assessing impact.

As set out in the response to Recommendation 17, a review of the IIA Tool is underway, to improve its effectiveness as a tool to drive better policy-making, and to communicate positive and adverse impacts from a particular policy and actively identify opportunities to promote equality.

The Welsh Government Annual Budget provides the high level strategic context and fiscal constraints within which the wider ‘budgeting’ process takes place. However, a significant amount of budgeting activity and prioritisation takes place independently of, but feeds into, the annual Budget process and is undertaken by officials in all parts of the Welsh Government on behalf of portfolio Ministers.

Therefore, to deliver this recommendation consideration will also need to be given as to how this will support budgeting within the organisation (within and outside of the annual) budget process, including how finance and policy officials (with budget responsibilities) within departments assess budgetary impacts.

31. Training should be developed and rolled out to officials within Treasury and in financial roles across Welsh Government departments to build equalities competence. As well as improving current impact assessment this will be an important foundation

Permanent Secretary and Welsh Treasury/ Strategic Budgeting/ Organisational Development & Engagement/ Finance & Policy Profession

This will need to be developed as part of the wider training being taken forward in relation to the Gender Review.

We acknowledge the role that Strategic Budgeting can play, in collaboration with Organisational Development & Engagement, to develop training to build equalities competence in budgeting considerations across Welsh Government.

In doing so, we will consider how best to draw on external expertise to advise on and support our approach.

of 35

for equalities budgeting However, in order to realise and maximise the opportunities for positive change, and recognising

the distinction between the different responsibilities for the annual Budget (which Strategic Budgeting own), and wider ongoing ‘budgeting’ activities within individual Departments across Welsh Government, this will require Strategic Budgeting working collaboratively with not only the corporate Organisational Development team but also the Welsh Government’s Equalities teams, Heads of Finance, and the Policy profession, to support the wider understanding of, and application of gender budgeting approaches to policy development and ‘budgeting’ activities across Departments.

32. Training should be developed for Ministers to build equalities competency and support them to ask challenging questions throughout the budget

Assembly Commission

The Assembly Commission acknowledge this report, and will write to Chwarae Teg directly to address its recommendations.

33. BAGE should be reviewed to consider, as a minimum, the following questions:

Is there clarity of purpose for BAGE? Is this understood across Welsh Government and by members of the group?

Is BAGE engaged with at the right time and at the right level?

Is there a need for better engagement with BAGE from departments, when

Equality Team/ Strategic Budgeting

We intend to convene the existing membership of the Budget Advisory Group for Equality (BAGE) in Autumn to hold a workshop to develop a collaborative approach to the future of the group.

This will include discussing and agreeing the purpose of the group, the existing membership, and the current ways the group are engaged to inform budget decisions. This will inform developing the group’s membership and terms of reference going forward.

of 35

they are impact assessing their indicative spending proposals? Should BAGE members be funded to ensure that they are able to support the budget process with evidence and analytical capacity

34. There should be a mandatory requirement for all submissions to Treasury, including draft budget proposals, to have a full IIA attached. This will require Directors, Deputy Directors and Finance Leads to provide leadership, ensuring that equality of outcome is considered in proposals.

Permanent Secretary/Welsh Treasury/ Directors of Finance

Draft response pending further consideration about the value of broadening the scope of responsible owners to include Finance Directors and Deputy Directors across Welsh Government as per the Recommendation wording.

Responding to this recommendation will need to take a proportionate approach to considering the extent to which we expect all draft budget proposals to have a full IIA attached, taking into account the materiality of all budget submissions received.

As reflected in the Deeds not Words reports, they have acknowledged the distinction between the process by which we develop the published annual Welsh Government Budget, led by Strategic Budgeting (and ultimately owned by the Finance Minister on behalf of Cabinet); and the wider process of ‘budgeting’ which happens across the Welsh Government.

Both the Welsh Government Budget and wider process of budgeting are crucially important for realising gender budget approaches, but the means of changing/improving approaches are different for each, particularly given that the wider process of budgeting is much closer to policy development and delivery, and its significance in realising gender budget approaches. Consideration is also needed as to how this recommendation applies to wider budgeting processes.

of 35

Long-term

35. A Welsh approach to gender budgeting should be developed in partnership with experts and within the context of a wider equalities mainstreaming approach. This will need to align with the work underway to build the policy profession and embed the WFG Act.

Welsh Treasury/ Strategic Budgeting

We will work to develop a Welsh approach to gender budgeting in partnership with the Wales Centre for Public Policy and other experts as needed.

This will take into account the context in Wales and the Welsh Treasury’s role in developing the Welsh Government Budget to provide the high level strategic context and fiscal constraints within which the wider budgeting process takes place across all Welsh Government departments.

This approach will therefore also need to be developed in collaboration with finance leaders within Welsh Government Departments, to recognise their role in determining budgets within individual Ministerial portfolios, which will takes place independently of, but feeds into, the annual Welsh Government Budget.

36. The leadership role of the Treasury in developing and implementing gender budgeting should be defined and communicated widely within government and dedicated capacity for gender budgeting should be put in place within Treasury

Welsh Treasury/ Finance and Policy Profession

We acknowledge and accept the leadership role that the Welsh Treasury can play in developing a gender budgeting approach, but this will also need leadership within the wider finance and policy profession if this recommendation is to be realised.

Our proposed approach to working in partnership with the Wales Centre for Public Policy and other experts to shape the Welsh approach to gender budgeting (Recommendation 35) will help to inform the Welsh Treasury’s approach to developing its leadership role to gender budgeting, and how we can most effectively communicate to, and influence others across Welsh Government.

We note that the recommendation also relates to implementing a gender budgeting approach across Welsh Government. As highlighted in our responses to Recommendations 31, 34 and 35, there is an important distinction to be made between the process by which we develop the annual Welsh Government Budget within Welsh Treasury, and the wider process of ‘budgeting’ which happens across Welsh Government Departments.

Therefore the delivery leads for implementing gender budgeting will also include finance officials within and across departments, not just within Welsh Treasury. This will be crucial in realising

of 35

and maximising the opportunities for positive change across the whole organisation.

37. Gender budgeting should be piloted and rolled-out as part of a wider equalities mainstreaming approach, that includes clarity of equality goals and/ or objectives. This will likely require training for officials, ministers and scrutiny bodies, job-aids and other resources to support implementation, more robust challenge functions within government and an improved BAGE to provide expert advice, analytical capacity and evidence.

Welsh Treasury/ Strategic Budgeting/ Organisational Development & Engagement

We have already committed to develop a gender budgeting pilot as part of the 2020-21 budget preparations. In doing so, we are drawing on the findings in the Wales Centre for Public Policy’s (WCPP) accompanying report Tackling Inequalities Through Gender Budgeting.

In rolling out this pilot approach more widely, as part of an equalities mainstreaming approach across the Welsh Government, we will learn from lessons of this initial pilot and will work with the Wales Centre for Public Policy and other experts as needed to shape the approach going forward.

This work will also be dependent on, and will need to be aligned with, the wider work across Welsh Government to increase understanding of and application of an equalities mainstreaming approach in policy development, as set out in Recommendations 31 and 35.

Capacity, expertise, gender competence

38. The role of the Central Equalities Team should be clarified and consideration given to whether it is currently sufficiently resourced to perform this role. This should consider capacity, as well as expertise and equalities competence.

HR Strategy/ Organisational Development & Engagement/ Equality Team

The Structural Review and Job Evaluation (SJRE) Team will need to conduct an exercise to make the judgement on resourcing and grade appropriateness within the Central Equality Team before formally stating that the team is appropriately resourced.

of 35

39. Equality Leads should be

full-time positions with sufficient expertise at an appropriate level of seniority to challenge and inform core processes such as MAs and departmental budget discussions. There should be a clear job description setting out roles and responsibilities and their role must be clearly communicated to staff to ensure the skills and support made available have an impact on policy development.

HR Strategy/ Organisational Development & Engagement/

We accept the need to carry out a review. The Structural Review and Job Evaluation (SRJE) Team will need to conduct an exercise to make the judgement on resourcing and grade appropriateness. Any change to equality lead posts would be in accordance with structural review and in discussion with departments. It should be noted that as part of our commitment to part time working, full time posts are not always filled on a full time basis. We note the principle being put forward here that the post should be dedicated to equality, rather than this being part of a wider remit, and this will be considered in the review. We wholly endorse the requirement for clear job descriptions. The SRJE Team would assist with these as part of their review.

40. Other departments should replicate the mode in ESNR, with equalities units and government business teams created. This will ease pressure on central units, such as the Equalities Team, and enable all departments to develop equalities capacity, with adequate knowledge of the specialist policy areas, e.g. Education and Public Services.

HR Strategy/ Organisational Development & Engagement

We accept the need to carry out a review. As noted in respect of recommendation 39, the Structural Review and Job Evaluation (SJRE) Team will conduct an exercise to review equality posts. Any change to equality lead posts would be in accordance with structural review and in discussion with departments. These proposals can be considered as part of the review.

of 35

41. A programme of training

should be developed to up-skill all policy officials and build gender and equalities competence.


As part of the ongoing review of the IIA process, the training provision and guidance will be re- designed to support policy officials in strengthening their gender and equalities competence.

Delivering Change: Ways of Working

42. There needs to be a significant change to the normal way of working in Welsh Government that will require leadership from the very top and Ministers and officials working closely together. Oversight of the implementation of the recommendations outlined in this review should be supported by continuation of external scrutiny- including members from the steering group and/ or expert advisory group.

Permanent Secretary and Welsh Ministers

The Deputy Minister and Chief Whip suggested in her Gender Equality Review ministerial Steering Group meeting that an Implementation Board should be established to oversee progress on implementation of the recommendations.

Representatives will be drawn from key stakeholders (for instance EHRC, FGC, Chwarae Teg) and the third sector including women’s groups, race, LGBT+ and disability groups as well as relevant officials. We anticipate holding an initial meeting in the autumn term. As many of the recommendations relate to the Welsh Government as an employer, it is envisaged that those recommendations will be implemented by the Diversity and Inclusion Steering Group given that it oversees Welsh Government’s commitment to be an exemplar employer in terms of equality and the Diversity and Inclusion Action Plan. A representative of the DISG will provide updates to the Implementation Board as and when needed.

43. Commitment to sustained effort to communicate the vision (inside and out of Government) and the principles of a feminist government across Welsh Government including working with

Welsh Ministers and Permanent Secretary

This will be developed as part of the Implementation Board. A plan will be proposed at the earliest opportunity.

of 35

stakeholders to do so.

44. Develop a more strategic approach to equality, diversity and inclusion across the organisation that makes use of management information, and understanding of the experiences of current staff, and works with staff networks


We are to a large extent already doing this but this is not static and we can improve our approach over time. As we will be developing a new Diversity and Inclusion Action Plan (the current plan runs until March 2020), we will address the various parts of this recommendation in the development and implementation of the new plan to ensure that our strategic prioritisation, use of evidence and collaborative working are all as effective as possible.

In addition, the recent internal ‘Let’s Talk Respect’ behaviour change campaign focuses on personal experiences of staff, bringing individual stories into the spotlight in order to understand and address the barriers they face. The campaign brings together a number of existing action plans and condenses them into five key commitments across the equality, diversity and inclusion arena. The staff diversity networks are supported by the campaign and play a key role in enabling us to meet our objectives.

45. Review what steps can HR Strategy/ The introduction of Smart Working supports a cultural move to working more flexibly for the whole organisation. Continued support for flexible working will continue, with additional actions taken where a need to do so is identified. If there is a clear need to do so, we could include an action in the next Diversity and Inclusion Action Plan. Specifically, the Let’s Talk Respect campaign has already taken steps to address perceived barriers in this area by holding workshops and in-depth discussions around these issues and providing opportunities to “myth-bust” around progression into senior roles.

be taken to ensure SCS Organisational are able to access the Development & same flexibility in working Engagement practices as the rest of

Welsh Government

employee bands to

encourage greater

numbers of more diverse

candidates are

encouraged into senior

roles.

46. Working with HR senior HR Strategy/ We have standard policies, guidance and procedures in place regarding all flexible working policies and all forms of parental leave requests. Where requests are made we aim to ensure they are implemented consistently, acknowledging that any request will be considered in the context of business need and balancing arrangements for all team members. TUS have confirmed that they have not picked up any concerns about denial of requests. However, continued support for flexible working will continue, with additional actions taken where a need

leaders should ensure Organisational policies and procedures Development & (such as flexible working Engagement requests, shared parental

leave) are implemented

consistency and senior

of 35

leaders in the civil service should role model these behaviours to ensure all staff and teams are able to benefit from more agile working.

to do so is identified. If there is a clear need to do so, we could include an action in the next Diversity and Inclusion Action Plan

47. Roll out of Smart Working (as piloted in the Merthyr Tydfil office) is monitored and reviewed to ensure all staff are able to access


Policies and procedures to introduce Smart Working were rolled out to all staff in May 2019. The rollout of IT kit to support flexibility will be completed at all Welsh Government locations in November 2019. A key principle of Smart Working is that it has to be considered in the context of business need. We anticipate there will be genuine business-related reasons why Smart Working may not be available to all staff or may be limited in scope. We have been and continue to work with senior managers to ensure they role model Smart Working behaviours and embrace it for their staff in so far as business needs permit. We intend to review the adoption and uptake of Smart Working during the course of 2020, including considering any differential impact on staff with different protected characteristics.

48. Review recruitment practices to ensure fairness and transparency in pay, terms and conditions and equality of outcome. Particular focus should be given to any differences between internal and external recruitment, and reviewing recruitment processes through an intersectional lens so that the diversity of the workforces is improved


Our diversity statistics indicate that we have issues to address in relation to equality of outcome, and related actions will be taken forward in the new Diversity and Inclusion Plan. We do not have problems with pay and terms and conditions. The gender pay gap is affected by grades and working hours. We don’t report on other pay gaps but would expect grade to affect BAME and disabled pay gaps, with working hours almost certainly also affecting a pay gap for disabled people. Our work is therefore focussed on removing barriers to progression and equality of outcome for staff with various protected characteristics, rather than focussing narrowly on pay and terms and conditions. We are refining our profession arrangements and we have and will continue to monitor outcomes and learn from evaluations undertaken following our promotion assessment gateways

49. Building on the review of Let’s Talk, senior leaders

HR Strategy/ Organisational

As Let’s Talk has been in place for 12 months, it is still relatively early days in terms of the bedding in of a new system but we have recently undertaken a pulse survey about its operations

of 35

should continue to monitor and review performance management across the organisation to see if improvements can be made which would drive up performance, creativity and innovation, and remove barriers to retention and progression of effective staff.

Development & Engagement

and impact across all staff. (Results are currently being analysed.) We have also piloted a software package to establish whether that proves useful to staff in operating the Let’s Talk performance management model. (Results are also currently being analysed.) We intend to undertake a further review in around six months as part of a longitudinal examination of the impact of the new arrangements. . This review will consider any differential impact on staff with different protected characteristics. We are currently revising our underperformance policy and procedures to drive up performance where required.

50. Review the approach to workforce planning across Welsh Government, to ensure that the civil service is able to respond to Ministerial priorities.


Work is currently underway to develop a future workforce strategy, incorporating a baseline review, capability planning and employee insight.

cab(19-20)19 annex c deeds not words - review of gender ... · page 1 of 35 cab(19-20)19 annex c...

Documents