The Public Sector Equality Duty is a legal requirement for public bodies and organisations that was issued following the passing of the Equality Act in 2010. It aims to make sure that these bodies and organisations think about how they can improve society and promote equality. 

In its report, the committee found that fundamental reform to Scotland’s approach to the duty is required so that it can have the impact that it was intended to have.

Evidence heard by the committee demonstrated that public authorities lack the genuine understanding of the protected characteristics and the interrelationship between them that can improve people’s lives. One issue was that understanding of the duty is not being cascaded down from senior staff to those on the front line. The Equality and Human Rights Commission told the committee that this meant that delivering the duty effectively could be more “hit and miss”. 

In response, the report calls for the Scottish government to provide leadership, direction and investment to embed the duty; to deliver significant societal and economic benefits; and to improve outcomes for people with protected characteristics. 

As part of its inquiry, the committee also considered reforms proposed by the Scottish government, but found these would not deliver enough change to improve outcomes. Instead of waiting for reforms, which should be accelerated, the committee’s report calls on public bodies to act now, with Ministerial direction on priorities, to implement the duty fully. 

Karen Adam MSP, convener of the Equalities, Human Rights and Civil Justice committee, said: “This is a time of significant funding challenges for public authorities. We recognise that this means that capacity to focus on delivering the Public Sector Equality duty can be severely restricted. 

“However, our view is that this makes it even more vital that this is a priority, not an add on or tick box exercise, for public authorities.

“We ask that the Scottish government provide leadership, direction and continuing investment to ensure that the Public Sector Equality duty can deliver on its aims and effectively promote equality in Scotland.”