Coronavirus (Recovery and Reform) (Scotland) Bill Equalities Impact Assessment – Results

The Scope of the EQIA

The full EQIA process has been followed given the equality impacts of the Bill.

In developing this EQIA the Scottish Government is mindful of the three needs of the Public Sector Equality Duty – eliminate unlawful discrimination, harassment and victimisation, advance equality of opportunity between people who share a protected characteristic and those who do not, and foster good relations between people who share a protected characteristic and those who do not. Where negative impacts have been identified, the Scottish Government has sought to mitigate/eliminate these.

Where negative impacts have been identified with regard to potential future regulations or other implementing measures, the Scottish Government will seek to mitigate/eliminate these also. The Scottish Government is also mindful that the equality duty is not just about negating or mitigating negative impacts, as the Scottish Government also has a positive duty to promote equality. The Scottish Government has therefore sought to promote equality through the provisions within the Bill and this EQIA outlines how provisions could have a positive impact on one or more of the protected characteristics. With regard to potential future regulations or other implementing measures, the Scottish Government will seek to promote equality through provisions contained in any new measures, or by the provision of appropriate support and guidance.

The ‘Key Findings’ section of this EQIA is structured in the same way as the Policy Memorandum, which broadly follows the structure of the Bill. Where certain provisions have not been mentioned in the ‘Key Findings’ section, this is because the Scottish Government has concluded that these provisions would have no differential impact on protected characteristics.

Public Health Protection

Modifications of the Public Health etc. (Scotland) Act 2008

Arrangements for vaccination and immunisation

Education

Educational establishments etc.

School consultations

Public Service Reform

Online meetings and hearings

Bankruptcy: remote meetings of creditors

Civic licensing: how hearings may be held

Alcohol licensing: how hearings may be held

Requirements of writing: Disapplication of physical presence requirements

Custody at police stations: Custody officers’ functions

Communicating by phone or online

Bankruptcy: service of documents

Registration of births

Registration of deaths

Civic licensing: how notices may be published

Land registration

Freedom of information: giving notice electronically

Care services: giving of notices by SCSWIS

Miscellaneous

Bankruptcy: meaning of “qualified creditor” and “qualified creditors”

Legal aid and advice: Claim for interim payment of fees and outlays

Mental health: removal of need for witnessing of signature of nominated person

Parole Board for Scotland: Chairperson’s functions

Tenancies

Removal of mandatory eviction grounds

Pre-action protocol in respect of evictions relating to rent arrears

Temporary Justice Measures

Courts and tribunals: conduct of business by electronic means etc. (Documents)

Courts and tribunals: conduct of business by electronic means etc. (Attending a court or tribunal)

Fiscal fines

Failure to appear before court following police liberation

National jurisdiction for callings from custody etc.

Criminal procedure time limits

Proceeds of crime

Prisons and young offenders institutions