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Publication - Impact assessment

Children (Scotland) Bill: equality impact assessment

Published
3 September 2019
Directorate
Justice Directorate
Topic
Children and families, Law and order
ISBN
9781839601170

Details of the equality impact assessment (EQIA) carried out in relation to the Children (Scotland) Bill.

View supporting documents Supporting documents

Stage 3: Assessing the impacts and identifying opportunities to promote equality

Having considered the data and evidence you have gathered, this section requires you to consider the potential impacts – negative and positive – that your policy might have on each of the protected characteristics. It is important to remember the duty is also a positive one – that we must explore whether the policy offers the opportunity to promote equality and/or foster good relations.

Do you think that the policy impacts on people because of their age?

Age Positive Negative None Reasons for your decision
Eliminating unlawful discrimination, harassment and victimisation X Bill is not designed for this.
Advancing equality of opportunity X The provision in the Bill removing the presumption that a child aged 12 or over is considered mature enough to give their views is aimed at ensuring that the views of younger children are heard.
Promoting good relations among and between different age groups X

The Bill introduces factors that the court must consider when making an order under section 11 of the 1995 Act. One of the factors to be considered is the likely effect of the proposed order on the child's relationships with other people important to the child. This is likely to include grandparents. In addition, another factor to be considered is the effect the order might have on the involvement of the child's parents in the child's upbringing. This is likely to have an effect on encouraging good relations between children and adults.

The Bill regulates child contact centres. This will have an impact on promoting relations between different age groups as contact centres are used by adults and children to maintain contact. Ensuring contact takes place in a safe and secure environment could help promote relations.

Do you think that the policy impacts disabled people?

Disability Positive Negative None Reasons for yourdecision
Eliminating unlawful discrimination, harassment and victimisation X Bill is not designed for this.
Advancing equality of opportunity X Bill is not designed for this.
Promoting good relations among and between disabled and non-disabled people x Local authorities must promote personal relations between a child and their siblings. This could have a positive effect on the relations between a child and their disabled sibling.

Do you think that the policy impacts on men and women in different ways?

Sex Positive Negative None Reasons for yourdecision
Eliminating unlawful discrimination X Bill is not designed for this.
Advancing equality of opportunity X Provisions in the Bill restricting personal conduct of cases in proceedings involving vulnerable witnesses and protecting vulnerable parties through special measures will ensure that victims of domestic abuse have a greater opportunity to participate in court proceedings without fear of continued abuse. The majority of victims of domestic abuse are women.
Promoting good relations between men and women X The Bill introduces factors for the court to consider when making an order under section 11 of the 1995 Act. The factors include the effect the order might have on the involvement of the child's parents in the child's upbringing. This is likely to encourage good relations between men and women with PRRs.

Do you think that the policy impacts on women because of pregnancy and maternity?

Pregnancy and Maternity Positive Negative None Reasons for yourdecision
Eliminating unlawful discrimination X Bill is not designed for this.
Advancing equality of opportunity X Bill is not designed for this.
Promoting good relations X Bill is not designed for this.

Do you think your policy impacts on transsexual people?

Gender reassignment Positive Negative None Reasons for yourdecision
Eliminating unlawful discrimination X Bill is not designed for this.
Advancing equality of opportunity X Bill is not designed for this.
Promoting good relations X Bill is not designed for this.

Do you think that the policy impacts on people because of their sexual orientation?

Sexual orientation Positive Negative None Reasons for your decision
Eliminating unlawful discrimination X Bill is not designed for this.
Advancing equality of opportunity X The provision in the Bill giving the Scottish Ministers the power to make regulations in relation to the conferral of PRRs where a child's birth is registered overseas is likely to have an impact on second female parents. This provision covers second female parents who have parental duties, rights or responsibilities in a similar way to how second female parents can obtain parental responsibilities and rights in Scotland. This would mean that in these situations a second female parent will be able to have their parental responsibilities and rights recognised without having to either seek a court order or complete a Parental Responsibilities and Rights Agreement with the mother of the child.
Promoting good relations X Bill is not designed for this.

Do you think the policy impacts on people on the grounds of their race?

Race Positive Negative None Reasons for your decision
Eliminating unlawful discrimination x Bill is not designed for this.
Advancing equality of opportunity X The provision in the Bill giving the Scottish Ministers the power to make regulations in relation to the conferral of PRRs where a child's birth is registered overseas may have an impact on different races. This provision covers second female parents and unmarried fathers who have obtained overseas parental duties, rights or responsibilities in a similar way to how parents can obtain parental responsibilities and rights in Scotland. This would mean that in these situations a second female parent or unmarried father would be able to have their parental responsibilities and rights recognised without having to either seek a court order or complete a Parental Responsibilities and Rights Agreement with the mother of the child.
Promoting good race relations X Bill is not designed for this.

Do you think the policy impacts on people because of their religion or belief?

Religion or belief Positive Negative None Reasons for your decision
Eliminating unlawful discrimination X Bill is not designed for this.
Advancing equality of opportunity X Bill is not designed for this.
Promoting good relations X Bill is not designed for this.

Do you think the policy impacts on people because of their marriage or civil partnership?

Marriage and Civil Partnership[16] Positive Negative None Reasons for your decision
Eliminating unlawful discrimination N/A

Contact

Email: family.law@gov.scot

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