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

Recommendations and Conclusions

The Scottish Government has assessed the potential impact of the provisions contained within the Bill on equal opportunities and has determined that they do not unlawfully directly discriminate with respect to any of the protected characteristics (including age, disability, sex, pregnancy and maternity, gender reassignment, sexual orientation, race, religion or belief, marriage or civil partnership). To the extent there are possible negative impacts e.g. for groups that evidence shows find it more difficult to use the internet, the Bill addresses this barrier insofar as the Bill can by not mandating the use of the internet. The exception here is the provision School consultations, which would relieve education authorities from the requirement to hold in-person public meetings and to make available paper copies of relevant consultation documents. However, as highlighted above, the provisions here would only be applicable in the event of a public health emergency, where holding an in-person public meeting risks the transmission of infection and danger to public health or where paper copies cannot be provided because places are closed.

The provisions within the Bill which will provide the option for increased digital communication conform in particular to the digital principle “inclusive, ethical and user focussed” from the Scottish Government’s March 2021 Digital strategy: “A changing nation: how Scotland will thrive in a digital world”. The analysis of equality impacts with regard to these provisions within the Bill supports the Scottish Government’s view that these provisions would have a positive impact on equal opportunities.

With regard to Modifications of the Public Health etc. (Scotland) Act 2008 and Educational establishments etc., the enabling powers themselves have no immediate impact on people with protected characteristics (under the Equality Act 2010) and do not run the risk of discrimination; any such impact would come at the point of regulations being made under the powers contained in the Bill. The Scottish Government recognises that future regulations made under these powers could have an impact on people with protected characteristics and it has been highlighted that such regulations would be accompanied by an EQIA which will provide a more detailed assessment of the likely impacts arising at that time.