Equality Outcomes and Mainstreaming Report 2013

Part 1. Mainstreaming Equality

Introduction

1.1 The Scottish Government has a long standing commitment to integrate equality into its day-to-day working ¹ . Its approach includes all of the protected characteristics defined in the Equality Act 2010. The benefits of mainstreaming equality include clearer understanding of issues, earlier consideration of the diversity of needs, better policy making and ultimately improvements in outcomes for people.

1.2 The specific duties require a report on progress being made to integrate the public sector equality duty into the functions of the Scottish Government.

Section 1. The Scottish Government as a Policy Maker

Equality Data

1.3 Good equality data underpins the performance of the public sector equality duty. The Scottish Government recognises that a robust understanding of the experience of people with protected characteristics will help it to meet the public sector equality duty and have due regard to the need to eliminate unlawful discrimination, advance equality of opportunity and foster good relations. As a result, the Scottish Government has made a commitment to improve the gathering, collation and use of equality data. Some of the actions taken are described below.

Equality Evidence website

1.4 The Scottish Government and its agencies collect, analyse and publish equality-relevant evidence across a wide range of policy areas.

In order to make it easier for people to locate and access this information, the Scottish Government launched an Equality Evidence web resource in June 2012, which provides a wealth of data and other evidence with accompanying commentary, background papers, and links to further information.

1.5 This has helped advance the mainstreaming of equality by making equality evidence more easily accessible for policy makers. The Equality Evidence Finder in particular helps contribute to better evidenced equality impact assessments, which in turn ensure that equality considerations are taken into account ahead of policy decisions.

1.6 On 11 June 2012 the Scottish Government held a learning event with Scottish public authorities about gathering and using equality evidence in support of the public sector equality duty. The event was designed to inform and support those who will be required to meet the specific duties and drew on the expertise of public sector colleagues across Scotland with experience of gathering and using equality evidence. It was held to coincide with the launch of the Equality Evidence website, and was used to promote dissemination of the website.

1.7 There are some gaps in the evidence finder and the Scottish Government's Equality and Tackling Poverty Analysis Unit has developed and published an Equality Evidence Strategy, which will improve this web resource and, in so doing, develop the richness and usefulness of equality data in Scotland.

Recommended questions for population surveys

1.8 In 2012 the Scottish Government's Equality and Tackling Poverty Analysis Unit published a series of guides on collecting information on equality characteristics. These guides set out why the information should be collected and how to ask the questions. Guides have been published for questions about age, disability, ethnic group, gender, religion or belief and sexual orientation.

Using standard questions across household surveys

1.9 Although many large scale Scottish household surveys have included questions on some or all equality characteristics for some time, consistent questions have not always been used and the utility of the data has been limited.

1.10 In addition, although the overall sample sizes of surveys can be large, the number of individuals sampled from individual equality groups is often too small to allow for detailed analysis.

1.11 In response to this, the Scottish Government has developed a set of core harmonised questions, including questions on six equality characteristics. From the beginning of 2012 onwards these questions were asked in the major household surveys - Scottish Household Survey ( SHS), Scottish Health Survey ( SHeS) and Scottish Crime and Justice Survey ( SCJS). In addition, the core questions are strongly recommended for inclusion in all Scottish Government cross-sectional population and household surveys.

1.12 More details on all of the core questions, including equality questions, is available in the core question guidance.

How will this improve equality evidence?

1.13 The core questions will help to ensure consistency in data that is collected across surveys, and through this improve the availability of data, particularly across equality characteristics where data has not been routinely collected. Using a harmonised core set of questions in national and other surveys helps us to:

• compare results more easily by using harmonised questions in national, local or ad-hoc surveys;
• reduce the costs of designing surveys;
• be confident that survey participants understand what is being asked because the questions have been thoroughly tested;
• group answers in a way that are useful for analysis; and
• reduce the risk of offence or misunderstanding when asking questions about sensitive subjects because questions have already been widely consulted on.

1.14 There are also plans to combine the data for the core questions from the three surveys cited above ( SHS, SCJS and SHeS) to give a pooled dataset. This dataset will have a larger sample size that will allow the calculation of more robust estimates of rarely occurring characteristics. A paper exploring the dissemination options for the pooled.

1.15 The core questions have been introduced to surveys from January 2012. Smaller surveys, local surveys and administrative data collections are now encouraged to adopt the harmonised core questions. For example, Fife Council has incorporated the core into its online question bank, and uses the harmonised equality questions in all of its surveys.

Equality Analysts Network

1.16 The Equality Analysts Network was launched in 2009 and since then the group has met four times a year. Members were drawn from across the Scottish Government's Analytical Services Divisions and are balanced in terms of the three professional analyst groups - social researchers, statisticians and economists.

1.17 The aim of the Equality Analysts Network is to ensure that Scottish Government analysts provide effective support for the development of equalities sensitive policy, and meet the demands arising from statutory duties and other reporting requirements including equality budgeting. The remit of the group set out that members will proactively support the development and delivery of policies responsive to equalities matters and meet Scotland's legislative requirements.

1.18 Members of the Equality Analysts Network advised and assisted in the development of the Equality Evidence Finder and the delivery of the Equality Budget Statement.

Scottish Health Survey Topic Report: Equality Groups

1.19 This Topic Report was published in October 2012 and includes data on health behaviours and health characteristics broken down by the following equality groups: gender, age, ethnic group, religion, disability and sexual orientation.

1.20 By combining survey data from four consecutive years (2008-2011), more in-depth analysis of minority groups with small populations is possible. This report represents an important step forward in the availability of data on equality groups in Scotland.

Engaging with Equality Groups

1.21 Dialogue with people who experience prejudice and discrimination as a result of protected characteristics is a valuable way of gaining understanding of the variety of needs and experiences in our communities. The Scottish Government has, over many years, worked with a broad range of equality organisations in order to better understand how it can deliver legislation, services and support which meet the needs of all of the people of Scotland. This work has informed the Scottish Government's approach to the public sector equality duty.

1.22 The Scottish Government provides direct funding to a number of equality organisations representing different protected characteristics. This funding helps to build capacity of equality groups and to enable them to engage with the Scottish Government and other public bodies.

Voice Against Violence ( VAV) was launched in the Scottish Parliament on 26 November 2009. It was an advisory group of 8 young experts aged between 18-23 with personal experience of domestic abuse who provided Ministers, CoSLA and the Programme Board for the National Domestic Abuse Delivery Plan for Children and Young People with advice and feedback. The methods that VAV used to share their experiences included: a website, a DVD, promotional material and a report from a research project they undertook, during which they collated views about domestic abuse from nearly 700 young people. VAV were involved in the development of a media campaign about domestic abuse aimed at young people and were fully involved in all stages of that process. The group were not given a guarantee that the Scottish Government would necessarily progress their suggestions in the way that they wanted, however, they were given a right of veto, i.e. that the Scottish Government wouldn't take forward ideas to which they were opposed.

The Independent Living programme is a partnership of the Scottish Government, CoSLA, NHS Scotland and the newly formed Scottish Independent Living Coalition ( SILC) - previously represented by the Independent Living in Scotland Project (now members of the SILC). The SILC is a coalition of Disabled People's Organisations, Non-Disabled People's organisations and their allies. They work collaboratively and collectively with public authorities to seek policy and service delivery improvement to support and enable independent living in Scotland to become a reality for disabled people. The Independent Living Programme has existed since 2009 and is now in its second phase. All partners are considered as equal contributors, whether this be through the sharing of skills, knowledge, expertise or direct contribution to strategic thinking or policy documents.

1.23 We value the work of a range of organisations in extending the awareness and understanding around the public duties for example, CEMVO whom we support to run a programme on mainstreaming race equality, the Scottish Women's Convention who engage with individual women and organisations across Scotland on issues of concern, CRER who have undertaken useful research and information on race equality matters, and Engender and the Equality Network who are working with public authorities on gender and LGBT matters respectively.

1.24 More broadly there is regular dialogue and engagement with the range of equality interests through a variety of means such as the National Group on Violence Against Women, the Independent Living Programme, Scottish Older People's Assembly, the Interfaith Scotland and the review group on Refugee Integration.

1.25 Engagement with equality groups remains an important issue, not only in terms of enabling us to better perform under the public sector equality duty, but in ensuring improved outcomes for communities. We recognise that there are gaps in the level of engagement with some harder to reach communities, there is a need for an examination of our methods of engagement to see where improvements can be made and further discussion is required on the appropriate role for intermediaries.

Equality Impact Assessments

1.26 Equality Impact Assessment ( EQIA) is a key process to ensure that equality considerations are taken into account in decisions that are being made across the organisation. It is also key to ensuring that due regard is given to the need to eliminate unlawful discrimination, advance equality of opportunity and foster good relations.

1.27 We developed our first EQIA tool in 2006. Since then the tool and guidance have been continuously evolving to reflect both feedback and changes in equality legislation.

1.28 In the development of the EQIA tool and guidance we involved officials across the organisation - policy officials with experience of using the tool and those without, analysts and equality networks. We also took into account the recommendations of the Equality and Human Rights Commission, and learnt from approaches taken by other organisations.

1.29 We drew on the work undertaken by the health directorates to develop an assessment tool which covered health, equality and human rights and we are currently working with the Scottish Human Rights Commission and the Equality and Human Rights Commission on the development of an integrated approach to impact assessment. We recognise the importance of linking more effectively equality and human rights issues - something which has been helped by the transfer of human rights policy into the Equality, Third Sector and Communities Division alongside the Equality Unit.

1.30 A key message of our EQIA guidance is that carrying out an EQIA helps deliver better policy and better outcomes for the people of Scotland, as equality impact assessments are an important element of evidence-based policy-making.

The National Parenting Strategy (published in October 2012) aims to support all parents and carers to do the very best they can for the children and young people in their care. The strategy is built on the views of parents, and where possible the commitments respond directly to their feedback. 1,500 parents and carers in a range of circumstances and from different equality groups were included in our engagement work.

Because of the feedback we received from equality groups, and the Equality Impact Assessment we completed, we have made a number of commitments which relate to groups covered by the protected characteristics, including fathers (gender); teenage parents and parents of teenagers (age); parents of disabled children (disability).

In addition, we are committed to ensuring that all of Scotland's parents and families across our diverse communities can benefit from the work we are taking forward. We have already commissioned specific work around learning disabled parents and other activity will follow, particularly in relation to the provision of appropriate and accessible information, advice and support for families.

"Parents and carers in Scotland are a hugely diverse group, with varied backgrounds, experiences and needs. We understood that if the strategy was going to make a real, practical difference to all parents and carers, we needed to know more about these differences. So we worked with a variety of community organisations to engage with parents and carers from different equality groups so that we could shape the strategy to meet the widest range of needs. The EQIA wasn't a one-off event though, and we are continuing to work with these groups to ensure that as we further develop and implement the strategy, it can benefit parents who might otherwise have been missed". Policy Official, Parenting and Family Support Team

1.31 The Scottish Government's Equality Unit provides advice and support to officials undertaking equality impact assessments. The support includes providing one-to-one support in person and over the phone, EQIA surgeries and training events.

1.32 We also have a number of EQIA guidance documents on Saltire, the Scottish Government's intranet. We provide detailed guidance on each of the steps of the EQIA process, examples of equality issues and a section on EQIA Frequently Asked Questions.

1.33 The published EQIAs can be found on the Scottish Government's website.

Between 2007-2011 we published 161 EQIAs; since 2012 we have published 35 EQIAs.

Equality Networks

1.34 Some areas of the Scottish Government have chosen to establish equality networks, in order to raise awareness of equality issues among the policy officials and in turn to help with equality impact assessments.

Equality Network within Justice

Equality and Justice are closely linked. The Justice Directorate Equality and Diversity group has been running for 2 years. The group aims to raise the profile of equality issues, by promoting understanding of the inequalities that require to be addressed in Justice. It has worked with analysts to develop an inequality evidence report for each Division, and has organised events for colleagues to hear direct from people from equalities communities about their experience of Scottish Justice. This has assisted Divisions in setting concrete actions to help reduce that inequality, and meet some of the requirements to be more proactive set out in the Equality Act 2010. The group has also helped make links with equality leads in delivery agencies, and helped set up the first pan-Justice equality group, so that policy and delivery can co-ordinate effectively. The group has also engaged on diversity issues, recently developing a questionnaire for all Directorate staff about their experience in accessing support on health and welfare issues. The responses - from more than 100 colleagues - will help managers better promote awareness of, and access to, support.

"The events organised by the network have helped me understand the reality of the challenges faced by people with learning disabilities, either as a victim, witness or offender. I know that it is my job to help address that, and to approach some things slightly differently in order to achieve the same outcome." Member of the Justice Equality Network

1.35 Increasingly directorates and local policy areas are leading change in the area of equality and diversity. For example the Carers and Young Carers Branch integrated equality firmly into the strategy for Carers and Young Carers in Scotland and warranted them winning the Civil Service Equality and Diversity Award 2012 for Leading Change in Diversity and Equality.

The national Carers and Young Carers Strategy for Scotland, Caring Together and Getting it Right for Young Carers (2010-2015), fully promotes equality and diversity. Each part of the Strategy contains stand-alone chapters on equalities and cultural competence, establishing at the outset the importance of ensuring that carers and young carers within equality groups are identified and supported.

Carers Branch within the Scottish Government works in partnership with the National Carers Organisations, one of which supports older BME carers specifically and the others which support carers across the equalities groups. Guidance to NHS Health Boards about the use of funding for carers contains guidance on equalities, especially on the use of an Audit Tool that Carers Branch funded which was developed by the Minority Ethnic Carers of Older People's Project. Its aim is to build the capacity of Health Boards and other stakeholders to deliver a more culturally competent service. It has the additional benefit of assisting the statutory sector to meet its legal obligations under the Equality Act 2010.

Carers Branch is supporting a project in Scotland to identify and support carers from Gypsy/Traveller communities.

The Better Breaks Short Breaks Fund is supporting over 100 voluntary sector projects across Scotland to provide breaks for disabled children and their parent-carers.

A key manifesto commitment is to develop and introduce a Carer Kitemark for Employers. Carers Branch has commissioned Carers Scotland to develop the Kite-mark. The Kite-mark will recognise employers who offer the best support to carers and young carers, at the same time helping to address concerns about occupational segregation.

"The Short Breaks Fund has articulated its ambition to reach carers and care recipients who are 'under the radar' and who are less likely to access breaks from caring. Carers Branch has a 'hands on' approach that goes beyond the rhetoric of partnership working to delivering tangible results." Don Williamson, Chief Executive, Shared Care Scotland

"This team works tirelessly to support the work we do. They listen to what young carers in Scotland say, and respond to their requests for what needs to be done to allow young carers the same opportunities as their peers. This supports our ongoing work to identify young carers from equalities groups. I believe that support for young carers would not be as well progressed were it not for the commitment of Carers Branch." Louise Morgan, Scottish Young Carers Services Alliance.

Mainstreaming Equality in the Budget Process

1.36 Information on the equality analysis and impact assessment of our spending plans is presented in the Equality Budget Statement, published every year alongside the draft budget. It offers details on the equality impact of spend by ministerial portfolio.

1.37 The Statement is prepared by teams across the Scottish Government co-ordinated by the Equality Unit in conjunction with the Communities analytical team and finance directorate. Equality considerations are built into the governance and structures of the budget process and are an integral part of it. The Cabinet Secretary for Finance, Employment and Sustainable Growth is responsible for both the budget and for the Equality Budget Statement.

1.38 To help officials with assessing the equality impact of their spending plans, we produced guidance on how to make spending and budget decisions that are informed by equality considerations.

1.39 The Equality Budget Advisory Group ( EBAG) provides input and advice on the process for considering the equality impacts of the budget. EBAG is made up of Government officials and external members.

1.40 We have learned by doing and will continue to seek to make improvements to how we do equality budgeting year-on-year. Undertaking the work to assess the equality impact of spending plans has helped raise the profile of equality issues across all policy areas.

1.41 The latest Equality Budget Statement was published alongside the Draft Budget 2013-14.

Cross-government groups

1.42 We have established a number of cross-government groups in order to co-ordinate activity across Government and to help move work forward in the following areas: occupational segregation, violence against women, Gypsies/Travellers and disability.

1.43 We also have a group which meets periodically to discuss developments around the public sector equality duty.

1.44 Beyond that there are groups around particular policy areas which are not cross-government groups as such but are groups involving both internal policy colleagues and external interests for example National Group to Tackle Violence Against Women and the Independent Living Programme Board.

Occupational segregation

1.45 In April 2013 the Scottish Government re-convened its Occupational Segregation Cross-Directorate Working Group, to act as the main vehicle for taking forward our work to tackle gender stereotyping and occupational segregation - and to implement the relevant recommendations of the Women's Employment Summit and the Royal Society of Edinburgh's Tapping All Our Talents report.

1.46 The group is chaired by the Head of the Scottish Government's Equality Unit. It has a core membership of Government officials and representatives of Close the Gap, the Scottish Resource Centre for Women in Science, Engineering and Technology, Men In Childcare and the STUC; but will invite other members as required depending on the policy areas being considered. This is likely to include officials from other areas of the Scottish Government and from delivery agencies as appropriate e.g. Scottish Enterprise, Highlands and Islands Enterprise and Skills Development Scotland.

1.47 The Group will report directly to the Strategic Group for Women and Work, chaired by the Minister for Youth Employment, which has a remit to agree:

• the range of actions and recommendations from the Women's Employment Summit;
• priorities across each commission and the timescales for action and by whom;
• content of Ministerial reports to Parliament on progress.

1.48 The Occupational Segregation Cross-Directorate Working Group will meet quarterly or more often if determined necessary. The Group will complete its work by June 2014 but will provide the Strategic Group for Women and Work with regular updates on progress.

Violence against women

1.49 The Cross Government Strategy Group on Violence Against Women ensures that there is a coordinated push towards reducing this type of violence, and also that all the relevant policy interests across Government are able to provide input into the development of Scotland's strategy to tackle violence against women.

1.50 The group's meetings are chaired by Deputy Director of Community Justice with secretariat provided by the Violence Against Women Team. Membership comprises of representatives from a range of areas including: Justice, Health, Education, the Equality Unit, Housing and Children and Families. It is anticipated that the group will meet twice more during the strategy's development and thereafter engage virtually.

Independent living

1.51 The newly formed Independent Living Programme Board is a cross-sector group who will provide a strategic oversight on the Independent Living Programme. The Independent Living programme co-ordinates work around policy development and service delivery improvement, that is designed to secure an enabling and inclusive society where disabled people can exercise the same choice, dignity, freedom and control as other citizens in Scotland.

1.52 The role of the Board is to influence and persuade their own and partner organisations to adopt, promote and exercise the principles of independent living; and to identify opportunities and priorities which support and accelerate the progression of independent living. The Board operates within a method of co-production.

Gypsies/Travellers

1.53 The cross government group was set up in order to provide a co-ordinated response to the recommendations contained in the Equal Opportunities Committee's 'Gypsy/Travellers & Care' report, which was published in September 2012. The group met most recently earlier this month (April 2013), in order to establish how best to respond to the Committee's most recent recommendations, which stemmed from the 'Where Gypsy/Travellers Live' enquiry.

1.54 The recommendations from each of the reports are wide ranging - tackling the inherent challenges in isolation will not bring optimum benefits and will not contribute to the strategic approach we hope to achieve. The group contains policy officials who represent a broad range of areas and work streams across Government. Bringing relevant policy areas together in this way provides a network which will enable us to strengthen our approach and improve outcomes.

Procurement

1.55 The Scottish specific duties contain an explicit procurement duty. The Scottish Government has produced a Policy Note for the wider public sector to provide information on the specific duty in the legislation in relation to public procurement.

1.56 We are working with the Equalities and Human Rights Commission to produce further guidance, including examples of existing good practice in Scotland for the wider public sector on the public sector equalities duties and procurement, but with a view to this guidance being useful to service users, service providers and equality organisations.

1.57 We have established a national reserved Framework Agreement providing all Scottish public bodies with an easier route to contracts with selected supported businesses for a range of goods and services. By supported business we mean "an establishment where more than 50% of the workers are disabled persons who by reason of the nature or severity of their disability are unable to take up work in the open labour market" (as defined in regulation 7 of the Public Contracts (Scotland) Regulations 2012 (Article 19 of Directive 2004/18/ EC). The Framework covers 4 product groups: Textiles and Personal Protection Equipment; Document Management; Furniture and associated products; and Signage.

Communications

1.58 Accessible communication helps an organisation to eliminate unlawful discrimination and advance equality of opportunity. It promotes participation and helps to meet the variety of different needs which people may have.

1.59 The Scottish Government has made good progress in making its communications more accessible by ensuring that everyone is able to 'view' the published content. However, we recognise that truly accessible and inclusive communication is much more than that - it is about ensuring that our messages and language are clear, that our engagement events are able to accommodate a variety of needs, that everyone knows where to go for information and where to go to get their views heard.

1.60 We recognise that we still need to do more and get better, therefore our Equality Outcome "Scottish Government - Equality and Diversity Matters" has within it communication related actions.

Internet

1.61 In order to support as wide a range of browsers as possible and allow users of all abilities (including those with a visual impairment or physical disability) to access www.scotland.gov.uk, the site has been developed according to recognised standards set down by the World Wide Web Consortium (W3C). These standards define an Open Web Platform for application development that has the potential to enable developers to build rich interactive experiences that are available on any device. The Scottish Government makes all reasonable efforts have been made to ensure that top level and main content pages are compliant with the standards.

1.62 We have also produced guidance, Write Well Write Less, for the Scottish Government officials writing content for the internet pages. The guidance is clear that officials should take into account different communication needs of their audience. For example, take into account that a web user might not have English as a first language or that the user might require special software/hardware to be able to access the content.

Publishing and Materials

1.63 In the production of materials, accessibility is treated with diligence through the Design Print Publishing and Associated Services contract. All jobs are assessed thoroughly for compliance with 'Principles of Inclusive Communication' at several stages throughout their publishing journey.

1.64 We will make information on publication requirements more visible and available to staff at the earliest opportunity in the creation of an official publication. We will also provide staff with guidance which maps the journey their publication will take to reach equality compliance and their role in meeting that expectation.

1.65 We work to Scottish Accessible Information Forum ( SAIF) guidelines and our own inclusive communication guidelines across all published outputs, print, pdf, html and eBooks. In particular, eBooks are tested for compatibility across all outputs with cross browser and cross device testing to ensure forward and backward compatibility and consistency. It is embedded within the contract that this output works to the highest levels of accessibility possible using industry standards to develop QA benchmarks. We ask our contractor to be technology and device agnostic, to ensure they can respond to changes in the market for software and hardware.

1.66 We ask our contractor to take a human-centred approach to achieve 'user experience' driven publishing, whilst ensuring the design adopt accessibility and usability standards to deliver appropriate solutions. All initial design specs are scrutinised for the user experience and accessibility considerations before implementation.

Marketing/ PR Campaigns

1.67 All Scottish Government's Marketing and PR campaigns are audience led, tailoring communications to resonate with the target audience. We use a range of channels to communicate messages ensuring they are accessible across socio-demographic groups and geographies. Marketing use various calls to action to ensure access to services, information and advice is available to as broad a section of society as possible.

Forced Marriage Awareness Raising Strategy

Since the commencement of the Forced Marriage etc (Protection and Jurisdiction) (Scotland) Act 2011 the Scottish Government has delivered a wide ranging campaign to raise awareness of the protection afforded by the legislation. The campaign has had two major periods of activity (the first at commencement in November 2011 and the second to mark the first anniversary in November 2012). This is supported by comprehensive information resource which can be accessed via the Scottish Government's webpages.

We have worked with our partners to develop information leaflets and posters which have been produced in English and in six community languages. We commissioned a unique wedding dress, decorated with supportive messages from men and women with first-hand experience of forced marriage which was displayed at various further education colleges and universities across Scotland. We have produced and had published in national newspapers and in magazines a range of articles in relation to Forced Marriage. We developed an information pack which was made available at Scottish airports to coincide with school holidays to provide information to young people who may be at risk of being taken abroad for forced marriage. We have also developed an education pack for schools and have recorded an information resource for teachers which is on GLOW on the Education Scotland website. We have also funded a programme of multi-agency training for agencies and organisations to ensure that those who work with victims understand their responsibilities and are able to work sensitively and effectively with those at risk.

The Scottish Government's Forced Marriage Awareness Raising Campaign won the Gold Award at the Chartered Institute of Public Relations PRide Awards, in December 2012. This award provides recognition to the commitment by the Scottish Government to ensure that those who may need protection from Forced Marriage have the information they need to keep themselves safe.

Wider Context

Equality and Human Rights

1.68 We are increasingly clear about the importance of linking equality and human rights in our work and in the processes for considering the implications on policy. So as indicated we are working with the EHRC and SHRC on an integrated approach to impact assessment. We are also considering how we can approach the development of the Scottish National Action Plan for Human Rights in a way which makes the most of the interplay between equality and human rights. This will be an area of work which we will see move forward in the coming year. The team leading work on human rights within Government has transferred to the Equality, Third Sector and Communities Division working alongside the Equality Unit.

Equality and Poverty

1.69 There is strong correlation between inequality and poverty as we can see from the impact of welfare reform. This has been acknowledged and reflected in our work for example around welfare reform. Whilst equality issues are front-stage in the consideration of the Government's response to the impact of welfare reform, there is more that we can do to improve the policy connections more generally around equality and poverty. This was flagged in the emerging findings from the Joseph Rowntree Trust work on ethnicity and in-work poverty.

Mainstreaming Equality Across Agencies

Introduction

1.70 Executive Agencies and Non-Ministerial Departments have a distinct presence and approach. Some have distinct HR policies.

1.71 The Scottish Government has set up the Equality Duty Implementation Group ( EDIG) to allow communication and co-ordination across the Scottish Government Directorates, Executive Agencies and some Non-Ministerial Departments. It is serviced and chaired by the Scottish Government Equality Unit.

1.72 The focus of the Group is primarily on the requirements of the public sector equality duty. It allows discussion in order to share understanding, develop common approaches and learn from good practice. It allows the Equality Unit to provide central support and advice, and enables the Equality Unit to understand the breadth of relevant activity being undertaken.

1.73 Below there are examples of different approaches to the process of mainstreaming equality taken by the following agencies: Accountant in Bankruptcy; Education Scotland; Historic Scotland; and Scottish Public Pensions Agency.

Accountant in Bankruptcy

1.74 Evidence gathering - in November 2012 Accountant in Bankruptcy (AiB) extended the equality data collected from those applying for bankruptcy in Scotland - this is now consistent with the recommendations set out by the Equality and Human Rights Commission and based on those used in the 2011 Census data. Collection of this data will provide robust data with which further statistical analysis can be undertaken. This will inform any future equality issues that AiB may seek to address in the delivery of its services.

1.75 Equality consideration in decision making - the standard template for all AiB committee meeting papers includes a section where details of potential equality or diversity implications of proposed recommendations/changes to process must be detailed. This ensures that equality issues are considered and recorded for all decisions, not just those subject to full equality impact assessments.

1.76 Access to information and services - AiB responds quickly to any requests for information in alternative languages and formats to ensure that there are no barriers to accessing information and services. On request AiB arranges for interpreters to attend meetings with Citizens Advice representatives to provide important information in relation to the insolvency process, options and consequences. The AiB website also publishes a number of corporate information booklets in alternative languages.

1.77 Learning and Development - Fairness at Work sessions and Resilience sessions have been delivered for all staff during the reporting year. In addition, a series of staff awareness seminars is provided every year with at least one of these on a equality and diversity related topic. In line with the Scottish Government's performance management system, all AiB staff complete a mandatory diversity personal objective each reporting year.

Education Scotland

1.78 Education Scotland's Equality Impact Assessment strategy was revised in August 2012 to take account of the "specific equality duties for Scotland", published in May 2012. Equality Impact Assessments have been carried out on a number of key policies and procedures, in particular relating to organisational development. As part of an on-going review of all policies, work is on-going to prioritise those for equality impact assessment.

1.79 A seminar on equality and diversity for the school inspection team took place last August. An Equality Network has been set up and meets regularly with the aim of ensuring equality and diversity are embedded in all aspects of the agency's work.

1.80 Education Scotland has worked with Scottish Government to develop an equality outcome relating to education.

In October 2010 the Equality and Diversity Group of HMIE (Her Majesty's Inspectorate of Education) won a UK Civil Service Equality and Diversity Award for Transformative Equality Impact Assessments.

Work of the Equality and Diversity Group included:

• an organisation-specific policy on equality and diversity;
• regular cross-organisation training days held with staff to raise awareness and understanding of equality impact assessments;
• equality and diversity training as part of staff induction and Continuous Professional Development;
• the development of an organisation-specific equality impact assessment tool and guidance;
• an equality impact assessment schedule outlining priority policies, procedures and tasks for an equality impact assessment to be carried out;
• a plan of action points arising from equality impact assessments and a look at action taken
• guidance for inspectors on inspecting for equalities and providing examples of good practice in different education sectors;
• the dissemination of examples where an equality impact assessment has benefited policy development.

In July 2011, HMIE merged with Learning and Teaching Scotland to become the new improvement agency Education Scotland. Work continues in the new agency to ensure equality and diversity issues remain high on the agenda.

Historic Scotland

1.81 Historic Scotland's Corporate Plan was launched in February 2012. During the development of the Corporate Plan in 2011, a large consultation exercise was undertaken including with equalities groups and through Young Scot. In addition, an equalities impact assessment was undertaken and a number of equalities groups were consulted as part of this process. Equalities related outcomes and key commitments are reflected in all 5 strategic priorities, ensuring that the organisation and its functions are available and easily accessible by all.

1.82 Following on from the Corporate Plan, Historic Scotland set a number of Key Performance Indicators one of which was to an additional 10 apprentices in 2012-13. It was also noted that less than 5% of the workforce was under 25. In response to this, a targeted recruitment campaign was run recently for traditional skills apprentices between the ages of 18-25. This campaign was run in conjunction with Young Scot.

Scottish Public Pensions Agency

1.83 In business year 2012-13 the Scottish Public Pensions Agency developed its own People Strategy which will be further promoted in 2013-14. The strategy includes a number of equality action points including the introduction of the Equality/Diversity statement later this year.

1.84 A number of Modern Apprenticeship opportunities will continue to be offered, and these staff will be supported internally within the agency by the Corporate Learning and Development team.

Section 2. The Scottish Government as an Employer

Introduction

1.85 The Scottish Government puts employee engagement and workforce development at the heart of its Business Strategy. We are committed to giving all our people the opportunity to shine, to nurturing talent at all levels and to having a diverse workforce reflective of the communities we serve. This vision is focused through the underpinning People Strategy. This sets out our ways of working: creating an environment, in partnership with our trade unions, where individuals can thrive and be successful and creating the conditions for consistently good people management and development - for all of our staff.

1.86 Since the launch of the People Strategy in November 2011, we have sought to embed these commitments across our core services. Our approach is to build the evidence base and to use this to inform further action and future policy. Activities have ranged from detailed analysis of our Employee Survey results, revising our learning and development offer to improve accessibility, through to an evaluation of a large-scale promotion board exercise to gather equalities information.

1.87 In addition to mainstreaming these priorities through the implementation of the People Strategy, we have a core team responsible for advancing diversity and equality policies. More broadly, the Scottish Government's Human Resources and Organisational Development Directorate has lead responsibility for providing advice and guidance on our employee policies on equal opportunities and diversity, implementing Scottish Government and wider Civil Service diversity strategies, equal pay, employment data and also for equalities issues related to Ministerial public appointments.

1.88 At a UK level the Civil Service Strategy Promoting Equality, Valuing Diversity, launched in July 2008, was a key building block in the future vision of diversity and equality for the Civil Service. It focused on four main themes: behaviour and culture change, leadership and accountability, talent management and representation and reflected the drive to mainstream equality and diversity into every aspect of the business of Government to enable the delivery of world-class public services. The Scottish Government supported this strategy with our own individual delivery plan. Our SG People Strategy has continued to develop these themes, with particular emphasis on improving the consistency of leadership and management, employee voice, building a supportive culture and talent management.

1.89 To inform our actions with regard to the public sector equality duties we have used evidence from a range of sources: our annual employee survey, our electronic HR systems, specific evaluations and interaction with our staff networks and individuals. Key activity on recruitment, development and retention, under the headings of eliminating discrimination, advancing equality and fostering good relations are set out below.

Eliminating unlawful discrimination, harassment and victimisation

1.90 Our commitment to eliminating discrimination, harassment and victimisation is fulfilled through the proactive collection of evidence and through a programme of action, underpinned by the strategic commitments set out above.

1.91 To ensure this is delivered in our recruitment process we request diversity monitoring information from all candidates. We use this information, which is held separately and accessible to a very limited number of our staff, both to help ensure that our resourcing policy and procedures have no disadvantageous impact and to assess the effectiveness of different recruitment campaigns for applicants from particular diversity groups. Most diversity information is not seen by recruiting managers. Managers do not see dates of birth (and in most cases we do not ask candidates for dates relating to jobs or qualifications on application forms) and do not have access to information about religion, ethnicity etc. Recruiting managers do have access to relevant information - for example information about any reasonable adjustments requested by a disabled applicant, and requests for a guaranteed interview.

1.92 Disabled candidates are automatically invited to interview for a post if they met the defined minimum criteria and reasonable adjustments are made to the recruitment process as required. A statement about this appears on our recruitment code on our web-site and the guaranteed interview symbol appears on press adverts. As part of its annual audit, the Civil Service Commission ensures proper arrangements for disabled staff are in place. For our internal vacancies, we ensure that adverts clearly state that staff on any working pattern can apply for the post. Our HR Resourcing Team checks documentation returned by our managers at all stages of the recruitment process to ensure, as far as possible, that it is fair and that that job offers are made to candidates in order of merit.

1.93 We also gather information to inform our internal promotion and development processes. For example, during 2012 we held large-scale promotion and development boards. The sift process used proprietary online tests, which were equalities compliant. Throughout the sift and assessment centre process, we put in place reasonable adjustments for all staff who requested them and operated a guaranteed interview for recorded disabilities.

1.94 Despite these safeguards, we were keen to test the equalities impact of the whole process so we could learn for future exercises and to ensure that there was no inadvertent discrimination. The results of this extensive research exercise did find some discrepancies, particularly around age, with older staff less likely to be successful and also some gender anomolies. This process will help inform the positioning of future development opportunities in our Realising Potential talent management programme as well as our approach to internal promotion.

1.95 We know that disabled staff are less well-represented in all except our lower grades, and so, in addition to the adjustments to the talent programmes, we make arrangements to ensure that disabled staff can access corporate training courses and programmes offered to all staff. For example, we ensure that visually impaired staff can access course materials on line using assistive technology and can also receive one to one training covering essential business needs ( e.g. IT skills) as required. Staff can also arrange loans of laptops and online learning materials to allow them to learn in a place and at a time that suits them. Materials are also made available in large print and in dyslexia-friendly print colours and we have the option to record audio books of training materials. We also respect religion and belief and ensure that, where required, staff can access space and time to honour prayers during learning and development activities.

1.96 An annual customer satisfaction survey gathers feedback from SG staff on their experience of using a range of corporate services - from catering facilities to learning and development. The survey asks whether people have found barriers to engaging with development and tests levels of awareness about asking for adjustments. These findings are fed into reviews of learning provision. For example, findings from the 2012 survey informed changes in the corporate learning offer, particularly to improve the accessibility of learning beyond standard face to face courses.

1.97 To tackle harassment and victimisation, we have made improving the overall consistency of people management and focusing on staff well-being into core People Strategy priorities. The following examples show this in action:

• Fairness at work: Our Fairness at Work policy aims to eliminate discrimination, bullying, harassment and victimisation and to create a safe and supportive working environment for all staff. It covers all forms of grievance that staff can raise and includes a recommended option of mediation where staff agree to this. As part of our policy monitoring procedures, we gather detailed information on an annual basis on every case recorded to enable us to identify and act on any incidents of discrimination or other unacceptable behaviour, including those related to protected characteristics. All complaints of discrimination, or any other form of unacceptable behaviour, are fully investigated by trained Investigating Officers, using the process set out in our policy. Where a complaint is well-founded, action will be taken under our disciplinary procedures, with penalties up to, and including, dismissal. Further training can also be recommended. We are currently undertaking a full review of our Fairness at Work policy to ensure that it remains fit for purpose.
• Employee Survey: Evidence from our annual employee survey identifies those areas with a higher than average incidence of bullying and harassment. This evidence is highlighted to senior managers in those areas. Bespoke workshops are put in place as required by our HR Professional Advisers and our Diversity Team to understand and address any areas that may indicate a disproportionate impact on any particular group of staff. Our results are disaggregated by protected characteristic. Support has included providing training sessions on bullying, harassment and discrimination for individual business areas, confidential drop-in sessions for staff and managers and a mechanism for the anonymous reporting of unacceptable behaviour in addition to informal or formal action. Joint action has then been taken to address any cultural or behavioural issues that have been impacting on individuals in those areas.

Advancing equality of opportunity

1.98 Our employee policy on equal opportunities is that all staff should be treated equally irrespective of any irrelevant difference, including all protected characteristics, as well as working pattern, employment status, caring responsibility, or trade union membership. We need high quality monitoring information to ensure that this policy is fulfilled and to keep improving. For staff in post, we collect diversity information through our electronic human resources system (eHR), which allows staff to update their own information online, across the protected characteristics. Our eHR system is the main source of the employee data that informs our employee policies and procedures and helps us to assess the equality impact. Our detailed employee information is included as part of this report.

1.99 We provide workforce reports to our Resources Board, including progress towards our targets for under-represented groups. Our HR Management Information Team provides six-monthly statistical summaries to Cabinet Office accompanied by a detailed narrative of actions taken in the previous period on equal opportunities and diversity issues, as well as an annual submission to as part of the UK-wide collection of information on civil servants.

1.100 Our staffing information shows that our employee profile does not yet reflect the wider communities that we serve. Although we are making good progress to meet the wider UK Civil Service target of 39% for women in our most senior grades, we continue to strive to go beyond this. We remain under-represented in relation to staff from a minority ethnic background and in terms of disabled staff. Our data also has significant gaps in relation to information on sexual orientation and religion or belief, which means it is difficult for us to understand and address any issues in these particular areas. Currently, 21.7% of staff have not yet recorded their ethnic background, and a further 1.4% have chosen not to tell us. 37% of staff have not recorded whether they are disabled, with a further 0.5% choosing not to tell us. For religion or belief and sexual orientation, gaps are larger, at 80.6% and 80.5% respectively (with 1.2% of staff for each characteristic preferring not to tell us), as we started to gather this data much more recently.

1.101 It is our priority to enhance the accuracy of our staff data. To do this, we will continue to raise staff awareness of the need for the information - particularly on the self-completion of personal diversity information on e-HR - and to explain why this is important. Although we are making progress, further work is needed and we will continue to build on a programme of targeted action in 2012 to address data gaps throughout 2013 and beyond. Improving the quality of this core dataset will allow routine reporting to improve across a number of key areas including recruitment, development and retention. The following sections provide more detail on action in these areas.

• Recruitment and resourcing

1.102 Ensuring equality of opportunity is a key aim of our Resourcing Policy and supporting procedures. As set out above, we welcome applications from all suitably-qualified people and aim to employ a diverse workforce that reflects the people of Scotland. However, we recognise that delivering our business at a time of constrained resources and declining headcount means opportunities to improve our diversity through recruitment are limited. Nonetheless, we continue to promote the diversity message in our standard job advertisement template and do what we can to ensure that those opportunities that do arise are promoted effectively. We advertise that we are part of the Positive about Disabled People Scheme and that we have flexible working and other benefits to help encourage a diverse range of applicants.

1.103 Our age profile shows that we have fewer staff in younger age groups and so one direct recruitment route - the Modern Apprenticeship Programme ( MAP) - is specifically designed as a youth employment initiative and was negotiated with the Civil Service Commissioner to be targeted at 16 to 24 year olds. This programme of recruitment and assessed development is helping to widen the age profile of the organisation, with 62 Modern Apprentices recruited during 2012-13.

1.104 When arranging office moves, either within or between buildings, our Facilities Services endeavour to make adjustments for staff with additional requirements. Facilities Services work with the local liaison officer, who has responsibility for co-ordinating the staff side of any moves, or can be approached directly by staff following their personal emergency evacuation plan ( PEEP) or an Occupational Health and Safety assessment. Facilities Services meets with the individual, reviews their existing arrangements, and discusses their particular needs. When developing solutions, advice may be sought from the Occupational Health and Safety ( OHS) Team. Following a move, Facilities Services will ensure (along with HR colleagues) that the member of staff is satisfied with their new working environment and that any final adjustments are made. The fire management systems within our buildings consider and include the requirements of disabled staff and visitors within our plans. This includes the development of personal emergency evacuation plans ( PEEPS).

• Learning, development and talent management

1.105 We take a structured approach to building capability, developing talent, managing performance and succession planning. This framework is underpinned by mandatory monthly conversations between manager and staff member. The introduction of monthly conversations has had a positive impact on the quality of feedback experienced by staff, as evidenced by the Employee Survey. The Executive Team meet regularly to consider senior talent and succession, including considering ways to progress under-represented groups, such as women, into senior roles.

1.106 Our Capability Plan for Scottish Government sets out our priorities and will form part of an annual process. We have worked to make our core learning offer accessible to all, including moving to more flexible delivery, such as workplace and online learning. This will be reviewed as part of our annual skills review process and is informed by our internal customer satisfaction survey, which seeks feedback from staff on corporate systems. In line with the evidence base on effective learning, increasingly we promote learning in the workplace and semi-formal development such as mentoring and structured reflection over formal training courses. We draw on the broad 70:20:10 ratio as a way of understanding the optimal division between workplace, semi-structured and, finally, formal training. Inevitably, this approach means that any monitoring data collected on central training courses will be very limited so we are looking at other ways to gather meaningful equalities information.

This includes:

- collecting and reviewing data on core programmes such as Modern Apprenticeships, the Realising Potential Programme ( RPP) and Fast Stream. Whilst the protected characteristic information from each individual programme is likely to be too small to be releasable this can still inform policy internally. For example, equalities information collected as part of the RPP recruitment showed that older staff were less well represented. This will inform the next round of recruitment to the programme in 2014. We will also push for self-reporting on e-HR for participants across these programmes and review the option of combining the figures across these talent groups. At a UK level Civil Service Resourcing complete an annual data collection exercise for the Fast Stream which includes equalities data.

- reviewing completion rates for the personal learning plan ( PLP). The PLP is recorded on our wider e-HR system and so could be interrogated centrally. Whilst there is not 100% compliance with the PLP it could still be a valuable way to review any differences in completion rates across the diversity groups. It would not rely on attendance at a formal course because the PLP should cover work-based and semi-formal learning opportunities.

- e-learning: in September 2012 the SG joined Civil Service Learning ( CSL), a UK civil service wide online learning portal providing all staff with access to e-learning. This site conforms to the Guidelines for UK Government Websites. Upon registration, individuals are asked to provide information on gender, age, ethnic origin and disability. They may opt out if they wish. Evaluation of this data has identified no systematic bias or trend. As the number of registrations with CSL increase this may provide another data source, although it remains dependent on self-reporting.

1.107 We will continue to develop data collection across our range of semi-formal interventions, such as mentoring. Whilst we do not try to centrally control or record all the mentoring schemes underway across SG we will continue to support targeted activity to advance equality of opportunity. For example, we are engaging with wider UK Civil Service work on improving women's representation at senior levels, as our employee information demonstrates that women are less well-represented in our more senior grades. This may lead to specific action to promote mentoring for senior women and there is already flexibility within our talent programme to ensure those on maternity leave can participate. Staff from minority ethnic backgrounds are also less well-represented and our staff Race and Equality Network has therefore introduced its own mentoring scheme, although members of this network also have access to the wider SG mentoring scheme.

1.108 To support wider equality of opportunity, and to move towards a more representative workforce, we continue to support a range of key equality-focussed leadership and development initiatives, including wider Civil Service placement and mentoring schemes for our under-represented groups. Although our data on LGBT staff remains limited, in 2012 we again supported a member of staff who was successful in gaining a place on Stonewall's Leadership Development Programme.

Fostering good relations

1.109 Our annual employee survey data provides us with information on those groups with protected characteristics that may be less engaged with the Scottish Government as their employer. Although this has given us few areas for concern, it is evident that, generally, our disabled staff have lower levels of staff engagement, as have staff from some religious groups, and with differing sexual orientations. Further activity to address this is outlined below.

• Our diversity networks

1.110 The Diversity Team works closely with our nine staff diversity networks, each of which is managed by a committee of volunteers. The networks cover a range of diversity issues, some of which, for example the Disability, Race and Equality and the Lesbian, Gay, Bisexual and Transgender ( LGBT) Networks, directly reflect protected characteristics. In late 2012, we launched our newest network - Straight Allies - for non- LGBT staff who wish to champion and support LGBT issues in and out of the workplace.

"Being involved in the Scottish Government's LGBT Network has given me a lot: the chance to contribute to creating a more inclusive and respectful organisation, and the opportunity to meet some great people I might never have worked with or known otherwise. Most importantly, it's contributed to giving me the confidence to be myself in the workplace. I really appreciate the importance of this in relation to both my performance in post, and my progression within the civil service." A Member of the LGBT Network

1.111 In October 2012, in conjunction with NHS 24, our Mental Health Network ran a promotional session on the work of the NHS Living Life service for our staff. This session aimed to provide information, support and guidance, particularly to those members of staff who were caring for, or supporting, a family member or friend who was suffering low mood, mild to moderate depression and/or anxiety.

1.112 During 2012 the Diversity Team also worked with our LGBT Network to look at the lower than average engagement responses from the Employee Survey from those staff who identified as being "bisexual females" and will be working with the Race and Equality Network during 2013 to address those areas where our minority ethnic staff have been recorded as having lower than average engagement levels. We continue to work closely with Stonewall Scotland and the Scottish Transgender Alliance ( STA) and during 2012 we held an event to support the launch of STA revised guide on transgender good practice for employers. This event allowed staff to hear more about findings from recent research into the experiences of transgender employees in Scotland and about best practice in transgender equality monitoring. Further transgender awareness sessions are planned for 2013.

1.113 Our Transforming our Workplace team has engaged with our staff diversity networks, in particular our Disability Network, in its work to ensure that, as we move to a more flexible workplace, it remains accessible and appropriate for our staff. The network has also been consulted on the transformation of our flexible workspaces and touchdown centres to ensure that staff who use particular assistive technologies and aids can easily access those areas.

1.114 During the development of our equality outcomes, the Diversity Team and colleagues in Equality Unit held dedicated staff seminars and used electronic communications to ensure that our equality outcomes reflected the areas that were most important to our staff and their networks and had the capacity to make the biggest difference to them. We have now identified champions at Senior Civil Service level for each of our staff diversity networks. The champions will work closely with the networks to support them in their work and to provide a voice at a senior level for those who belong to a particular group in the workplace. The Diversity Team also engages both at practitioner and Head of Diversity level with wider Civil Service diversity networks to ensure that we continue to be aware of best practice in other government organisations and to reflect this across the Scottish Government.

• Awareness raising and best practice

1.115 To embed diversity across the organisation, our performance appraisal system ensures that all staff agree a mandatory personal or business-related diversity objective. This puts diversity awareness at the heart of the performance management system for all staff.

1.116 We continue to promote flexible working opportunities to all of our staff to allow them to balance their home and working lives. We have used a variety of mechanisms to do this, including intranet guidance and staff news articles. Our 2012 employee survey indicated that 69% of our staff are now able to enjoy a satisfactory work-life balance and 85% say that their manager is considerate of their life outside work. Our childcare voucher scheme remains available to all staff and over 900 individuals have already participated.

"Having the opportunity to job share a policy post has been extremely beneficial to myself and my job-share partner. Job sharing opens up opportunities to work part-time and flexibly in policy areas that would otherwise demand a full-time resource. l think it's true to say also, however, that the benefits are not only to the post holders but to the organisation which can draw on the knowledge, expertise, time and commitment of two people who bring different and complementary contributions to the same area of work" Policy Officer, Scottish Government

1.117 We promote awareness of equality and diversity issues throughout our learning programmes and network of Training Liaison Officers. Diversity and equality issues and appropriate behaviours are mainstreamed into the main SG training offering, mentoring and coaching schemes, Realising Potential Programme and Modern Apprenticeship Programmes and within our Skills for Success Competency Framework, which sets out the core skills required by all staff.

1.118 In addition to these core processes and services, each year we aim to develop good practice and raise awareness on particular issues. For example, during early 2012, the Diversity Team held two cancer awareness seminars for over 150 staff to raise awareness of how staff and managers can support those living with cancer in the workplace and those supporting family, friends and colleagues who are living with cancer. These will be complemented by a further eight sessions in our smaller buildings located across a wide geographical area. We also launched our Living with Cancer guidance for staff and managers. This was created with involvement of our staff diversity networks, those who have been involved with supporting someone with cancer in the workplace and Macmillan Cancer Support.

1.119 In 2011/2012 we launched a range of electronic guidance documents for line managers on managing disability in the workplace and complemented these by running a series of information seminars on specific disabilities, focussing in particular on how those disabilities can impact on an individual in the workplace. We continue to work closely with the Stonewall Diversity Champions Network to ensure that our policies and practice reflect best practice for our LGBT staff, and with the Public Sector Employers' Diversity Network to ensure that best practice is shared across the wider public sector landscape, through regular meetings and through the Knowledge Hub, the online knowledge-sharing platform of the Local Government Association.

1.120 Along with cancer, mental wellbeing and resilience is a priority for the Scottish Government in 2013 and a group of staff is currently looking at how we support staff who are experiencing poor mental health in the workplace and line managers and colleagues who are supporting those staff. The group is developing guidance for staff and line managers on mental health in the workplace and is considering a range of mental health training options for HR staff and managers, which we aim to implement during 2013.

Public appointments

1.121 In addition to our Scottish Government recruitment processes, we are also connected to the wider public appointments process. The Commissioner for Public Appointments in Scotland launched Diversity Delivers, an equality and diversity strategy for Ministerial public appointments on 1 September 2008. This focussed on attracting a wider and more diverse range of applicants and a review of progress - Diversity Delivers - Three years on was published in 2011. Diversity activity in relation to Ministerial public appointments is now taken forward by the Scottish Government's Public Appointments and Diversity Centre of Expertise ( PACE). PACE has undertaken a range of activity to meet the three needs set contained within the Equality Act 2010 and to support progress towards ensuring that those appointed to the boards of Scotland's public bodies reflect the wider population of Scotland as our current evidence demonstrates that this is not yet the case. Public Appointments diversity data is attached at Annex I.

• Diversity monitoring

1.122 To ensure we have an effective evidence base we have prioritised the achieving of good quality diversity data and are aiming to improve the quantity and quality of our diversity data in relation public appointees by undertaking work to address current gaps. In early 2013 we undertook a baseline exercise to capture the data in relation to our existing public appointees. This achieved an excellent response rate and we will use this to inform priorities and target future outreach activity and development work in relation to our public appointments practices and processes.

• Management Information

1.123 The Commissioner's vision for all regulated public appointments was three-fold: awareness and attraction; confidence and capacity and education and experience. To inform the Scottish Government's attraction strategy, each public appointment is informed by specific management information, which aims to ensure a diverse a range of candidates is encouraged to apply for each appointment opportunity.

• Advertising

1.124 We use a range of methods to advertise our vacancies, including our own Appointed for Scotland website. Through existing diversity data, we had identified areas of under-representation and to further encourage applications from all of those groups that are under-represented, we have introduced the use of a positive action statement in our adverts.

• Awareness and capacity-building

1.125 Our attraction strategy seeks to encourage applications from individuals from a wide range of backgrounds. However, we know that awareness of public appointments opportunities is not as widespread as it could be amongst certain areas of our communities. To raise awareness, and to develop the capacity of first-time applicants, we developed a pilot awareness session for the Scottish Housing Regulator.

• Outreach

1.126 To increase both awareness of public appointments and representation amongst those groups with protected characteristics, we have put in place a programme of outreach events with a range of organisations from those groups that are under-represented across our public appointments.

Section 3. Employee Information, Gender Pay Gap and Equal Pay Statement

Introduction

1.127 The Schedule to the Regulations provides a list of public authorities. Under a general heading of "Scottish Administration" the following are listed:

• The Scottish Ministers
• Keeper of the Records of Scotland
• Keeper of the Registers of Scotland
• Registrar General of Births, Deaths and Marriages for Scotland
• Scottish Court Service

1.128 The authority "Scottish Ministers" includes employees of the Scottish Government, Historic Scotland ( HS), Scottish Prison Service ( SPS) and the Crown Office & Procurator Fiscal Service ( COPFS).

1.129 The "Keeper of the Records of Scotland" and "Registrar General of Births, Deaths and Marriages for Scotland" make up the National Records of Scotland ( NRS) which for staff employment purposes falls within Scottish Government. The Information for Scottish Government is inclusive of NRS but details for NRS are also shown separately.

1.130 The Keeper of the Registers of Scotland and Scottish Court Service publish their own data under the Regulations.

1.131 Employee information for the Scottish Government is at Annex E, National Records of Scotland at Annex F, Historic Scotland at Annex G, the Crown Office & Procurator Fiscal's Office at Annex H. The Scottish Prison Service has published its employee information within its own reports.

1.132 The Scottish Government employee information in Annex E covers:

• Scottish Government Core Departments - Enterprise, Environment & Digital; Finance; Governance & Communities; Health & Social Care; Learning & Justice; Strategy & External Affairs; Permanent Secretary.
• Accountant in Bankruptcy, Advocate General for Scotland, British Irish Council, Courts Tribunals, Court of Lord Lyon, Crofting Commission, Disclosure Scotland, Education Scotland, HMI Constabulary, HMI Prisons, Judicial Appointments Board for Scotland, Judicial Appointments and Finance, Local Government Boundary Commission for Scotland, Mental Welfare Commission, National Records of Scotland, Office of the Scottish Charity Regulator, Parole Board, Police Complaints, Risk Management Authority, Scotland Office, Scottish Housing Regulator, Scottish Law Commission, Scottish Police Authority, Scottish Public Pension Agency, Student Awards Agency for Scotland, Transport Scotland.

1.133 The total number of employees is 14,737. This is the combined total for the Scottish Government (including NRS), Historic Scotland, the Scottish Prison Service, and the Crown Office & Procurator Fiscal Service.

Summary of Scottish Government Employee Information

1.134 This summary refers to the tables for staffing within the Scottish Government ( Annex E). All data are for current staff as at 31 January 2013, unless otherwise stated. All data include Scottish Government Core Directorates and all Agencies, relevant Non-Departmental Public Bodies, and Other Bodies (including National Records of Scotland) for which the Scottish Government provides HR Shared Services. The term "Scottish Government employees" will be used to refer to all employees covered.

Age

1.135 The majority of Scottish Government employees are in the 30-39 and 40-49 age groups, with 58.4% of the workforce in these age groups. The younger age group (16-29 year olds) make up 11.8% of Scottish Government employees.

1.136 The proportion of part-time staff in the 30-39 and 40-49 age groups is higher than that for full-time staff. Over 70% of part-time employees are in these age groups.

Gender

1.137 The gender balance of Scottish Government employees is in line with the general Scottish population estimates, with 51.3% of Scottish Government employees being female and 48.7% male (compared to 51.5% female and 48.5% male in the 2011 Census).

1.138 When broken down by work pattern, there is a clear difference between full-time and part-time employees. Full-time employees are more likely to be male (55.0%), while part-time employees are much more likely to be female (86.3%).

Ethnic Origin

1.139 Nearly a quarter of Scottish Government employees (21.7%) have not provided any information on ethnic origin. Of those whose ethnic origin has been recorded, 101 are from an ethnic minority (representing 1.4% of the total workforce).

Sexual Orientation

1.140 Over four-fifths of Scottish Government employees (80.6%) have not provided any information on sexual orientation. Of those whose sexual orientation has been recorded, 66 are gay, lesbian, bi-sexual or another non-heterosexual orientation (representing 0.9% of the total workforce).

Disability

1.141 Over a third (37.0%) of Scottish Government employees have not provided any information on disability status. Of those whose disability category has been recorded, 290 have one or more disabilities (representing 3.9% of the total workforce).

1.142 Part-time employees are slightly more likely to have registered a disability than full-time employees.

Marital/Civil Partnership Status

1.143 Over a quarter (22.7%) of all Scottish Government employees have not provided any information on marital status.

1.144 Scottish Government employees are slightly less likely to be married than the general adult population of Scotland (44.6% of Scottish Government employees, compared to an estimated 44.7% of the Scottish population aged 16-64 in 2008). Single people make up a further 18.7% of Scottish Government employees, while the other marital status categories each account for 3% or less of the total workforce.

Religion or Belief

1.145 Over four-fifths of Scottish Government employees (80.5%) have not provided any information on religion or belief. Those who have declared a religion or other belief is roughly the same as those who declared they had no religion or belief (9.5% of Scottish Government employees compared with 8.7%, respectively).

Gender Pay Gap and Equal Pay Statement

The Gender Pay Gap

1.146 The national figure for the gender pay gap in Scotland is 13.9% ( ASHE, 2012. Based on average, full time hourly earnings). This report publishes pay gap information for SG Main (5.7%), Historic Scotland (2.1%), the Scottish Prison Service (11.6%) and the Crown Office and Procurator Fiscal Service (9.2%). All of these are below the national figure for Scotland, however, several are out with the accepted tolerance of 5%. The reason for this is that while men and women doing equal work receive very similar average salaries, each organisation may have more women in lower pay ranges which lowers the overall average salary. It should be noted that very low gaps exist at individual grades within each organisation.

Equal Pay Statement and Occupational Segregation

1.147 The Equal pay statement and further, more detailed information on equal pay and occupational segregation is at Annex J.