Bankruptcy and Diligence (Scotland) Bill: equality impact assessment

Key Findings

Age

16. AiB statistics show that the majority of people who apply for their own bankruptcy are of working age. In addition, Citizens Advice has highlighted that it is working age households that are more likely to be struggling with their energy bills than elderly people. If it is the case that people of working age are more likely to be affected by diligence measures, extending the redemption period in exceptional attachment for items not immediately removed from the dwellinghouse would give these people a longer period of time to find the money to pay the redemption fee. Further, the new requirement for a debtor to be issued with a DAIP prior to the court hearing stage in diligence on the dependence is intended to encourage the debtor to seek help or advice with problem debt. It is therefore assessed that these measures could have a positive impact on people with this protected characteristic.

Disability

17. The Office of National Statistics conducted analysis between March 2020 and December 2021 of Coronavirus and the social impacts on disabled people in Great Britain. They report that disabled people continued to have poorer well-being ratings than non-disabled people across all four well-being measures, with 50% of respondents reporting that it had made their mental health worse, compared to 31% of non-disabled respondents. The introduction of the Bill's mental health moratorium could help to mitigate these issues by introducing a new breathing space protection which could help disabled people with problem debt who are experiencing serious mental health issues. The changes do not directly or indirectly discriminate based on disability – they work towards advancing equality of opportunity.

Sex

18. The full EQIA does not identify any impact on people because of their sex.

Pregnancy and Maternity

19. According to the Royal College of Psychiatrists, as many as one in five women have mental health problems in pregnancy or after birth. The introduction of a mental health moratorium could provide additional protection and support to women who require breathing space to deal with problem debt and who are experiencing serious mental health issues as a result of pregnancy or maternity. The Bill does not directly or indirectly discriminate based on pregnancy or maternity – it works towards advancing equality of opportunity.

Gender Reassignment

20. The full EQIA does not identify any impact on people proposing to undergo, undergoing, or who have undergone a process for the purpose of reassigning their sex.

Sexual Orientation

21. The full EQIA does not identify any impact on people because of their sexual orientation.

Race

22. The full EQIA does not identify any impact on people on the grounds of their race.

Religion or Belief

23. The full EQIA does not identify any impact on people because of their religion or belief.