Publication - FOI/EIR release

Communications relating to Engagement of developing anti-racist infrastructure / Anti-Racism Interim Governance Group: FOI release

Published: 2 November 2023
Directorate: Equality, Inclusion and Human Rights Directorate
Topic: Equality and rights, Public sector
FOI reference: FOI/202300367874
Date received: 21 July 2023
Date responded: 17 August 2023

Information request and response under the Freedom of Information (Scotland) Act 2002

Information requested

The following information:

1) FROM January 2021 and TILL June 2023, how many times did the then Minister for Equalities and Older People Christina McKelvie MSP meet BEMIS, CEMVO or CRER as strategic partners to the Scottish Government; what dates, who attended and for what purpose.

2) FROM November 2020 TILL June 2023, how many times did the then Minister for Equalities and Older People Christina McKelvie MSP meet with the Co -chairs (together or separately) of the Interim Governance Group on Developing anti-racist infrastructure / Anti-Racism Interim Governance Group? What dates, who attended and for what purpose?

3) FROM Nov 2020 and TILL June 2023, how many times the strategic leads within Directorate for Equality, Inclusion & Human Rights meet the co-chairs (together or separately) of the Interim Governance Group on Developing anti- racist infrastructure / Anti-Racism Interim Governance Group? What dates and who was at meetings?

4) FROM January 2021 and TILL June 2023 included how many times have the Race Equality Unit Staff met with BEMIS, CEMVO or CRER on the topic of the Interim Governance Group on Developing Anti-Racist Infrastructure.?

5) FROM Jan 2022 and TILL June 2023 how many times have the Race Equality Unit met with BEMIS, CEMVO and CRER as part of the regular meetings? What dates, who attended? Any scheduled meetings with noted groups for July/ August 2023?

6) What are the total costs of the Interim Governance Group on Developing Anti-Racist Infrastructure / Anti-Racism Interim Governance Group / in terms of members’ costs, research and subcontracted work?

7) How were the co-chairs of the interim governance group chosen? What was the recruitment process, and who was involved in it internally and externally? Can we have names of officials who were involved in the recruitment and appointments?

8) Are the co-chairs of the interim Governance Group contracted to the Scottish Government to manage the AIGG and for developing anti- racist infrastructure?

If yes, what are the terms of these contracts and for how long they are contracted for, and how much are the costs for contracting and expenses of the co -chairs since Jan 2021. Please share copies of these contracts of the co-chairs.
If not contracted, then in what capacity they are involved as co-chairs and how much costs paid for their involvement since Jan 2021.
Are the co-chairs promised or supported by the SG to be facilitating and managing the observatory/ can the SG guarantee a transparent and accountable process that guarantees individuals involved in the AIGG will not gain advantage / personal benefits from the recommended observatory and its subsequent work?

9) What was the recruitment process for membership of the Interim Governance group / AIGG on developing anti-racist infrastructure? Who facilitated the recruitments, selection and appointments of members of the AIGG? We ask for the criteria for this selection and all email with the SG, including minsters, regarding the selection process and criteria for selection of members used.

10) Who took the decision to exclude direct participation of key strategic national race equality organizations like BEMIS and CEMVO from the membership of the AIGG? Can we have all emails from and with the co-chairs of the AIGG and officials regarding this?

11) What was the rational for both the SG and the Co-Chairs of the AIGG to exclude membership of national strategic partners like BEMIS and CEMVO while membership was open to and included groups from England?

12) Has an EQIA been completed in relation to the work of the Interim Governance group on developing anti racist infrastructure? If so, send a copy, if no EQIA has been completed, why?

13) Has an EQIA been completed in relation to FINANCE SPENT on the Interim Governance group / AIGG on developing anti-racist infrastructure?

14) We ask for the proposal provided to the SG to secure financial support for the recommended Race Equality Observatory and all emails by the co-chairs of the AIGG to fund the proposed observatory: proposed costs and remit, communications with SG officials regarding the proposal since Jan 2022?

15) What is the basis for approving this proposal and the allocated £1.5 Million budget before the setup of the Observatory? All emails between SG officials and AIGG co-chairs regarding this process?

16) Is the Interim Governance Group on developing anti-racist infrastructure / AIGG a Critical Race Theory group? Are they deploying a Critical Race Theory Approach to the work of the group and the recommended observatory?

17) The SG, note that the AIGG is independent but we are aware the recommendations will have crucial implications for the diverse EM communities and Scotland as a whole. Is the SG content that the AIGG remit and the recommendations for the observatory are in line with the SG (as the duty bearer) human rights legal obligations?

18) How many and what organisations have been involved in informing the work of the Interim Governance Group / AIGG on Developing anti-racist infrastructure? Who do these groups or individuals represent? What are the diversities / ethnicities of the groups involved?

19) Does the SG approve of the exclusion of key strategic partners like BEMIS and CEMVO (who are funded by the SG) from the work and membership of the AIGG, if so, what is the rational and accountability for such approval?

20) Has the SG considered since Jan 2022 to replace the role and funding of race equality strategic partners such as BEMIS/ CEMVO/ CRER for the benefit of the recommended race equality observatory? Can we have all emails/ minutes of meetings among officials including ministers internally and externally with AIGG co- chairs regarding this point?

Response

Response to your request

While our aim is to provide information whenever possible, in this instance the Scottish Government does not have some of the information you have requested. The reasons why we don’t have the information are explained in the Annex to this letter.

Furthermore, in this instance we are unable to provide some of the information you have requested because an exemption under sections 29(1)(a) (policy formulation) and 38(1)(b) (personal information) of FOISA applies. The reasons why that exemption applies are explained in the Annex to this letter.

1) FROM January 2021 and TILL June 2023, how many times did the then Minister for Equalities and Older People, Christina McKelvie MSP, meet BEMIS, CEMVO or CRER as strategic partners to the Scottish Government; what dates, who attended and for what
purpose?

Information on this can be accessed at: https://www.gov.scot/publications/foi-202300364244/

2) FROM November 2020 TILL June 2023, how many times did the then Minister for Equalities and Older People, Christina McKelvie MSP, meet with the co-chairs (together or separately) of the Interim Governance Group on Developing anti-racist infrastructure / Anti-Racism Interim Governance Group? What dates, who attended and for what purpose?

Information on this can be accessed at: https://www.gov.scot/publications/foi-202300364244/

3) FROM Nov 2020 and TILL June 2023, how many times did the strategic leads within Directorate for Equality, Inclusion & Human Rights meet the co-chairs (together or separately) of the Interim Governance Group on Developing anti-racist infrastructure / Anti-Racism Interim Governance Group? What dates and who was at meetings?

Information on this can be accessed at: https://www.gov.scot/publications/foi-202300364244/

4) FROM January 2021 and TILL June 2023 included how many times have the Race Equality Unit met with BEMIS, CEMVO or CRER on the topic of the Interim Governance Group on Developing Anti-Racist Infrastructure?

Information on this can be accessed at: https://www.gov.scot/publications/foi-202300364244/

The total cost for group members to date (end of July 2023) is £39, 314.19.
The total cost for research to date (end of July 2023) is £28, 341.02.
The total cost for subcontracted work to date (end of July 2023) is £4, 527.84.

Advice on potential co-chairs was put forward by officials within the Race Equality team to the Minister for Equalities and Older People, for review and consideration.

The AIGG co-chairs were appointed by the Minister via an appointment letter that was issued to them and thereafter signed and returned to the Scottish Government

Under section 38(1)(b) of FOISA, we cannot release the names of officials involved in the appointments process. The reasons why that exemption(s) applies are explained in the Annex to this letter

8(a) Are the co-chairs of the interim Governance Group contracted to the Scottish Government to manage the AIGG and for developing anti- racist infrastructure? If yes, what are the terms of these contracts and for how long they are contracted for, and how mush are the costs for contracting and expenses of the co -chairs since Jan 2021. Please share copies of these contracts of the co-chairs.

The co-chairs of the AIGG were issued appointment letters which expressly states: “For the avoidance of any doubt, this invitation is made on the basis that your appointment will not give rise to any contractual relationship between you and Scottish Ministers and/or the Crown, and by acceptance you agree to that condition.”

Please see document 1 – appointment letter.

8(b)If not contracted, then in what capacity they are involved as co-chairs and how much costs paid for their involvement since Jan 2021.

The co-chairs were appointed as co-chairs of the AIGG via an appointment letter which states the “appointment will commence on 30 March 2022 and will end on 31 March 2023 and is subject to you satisfying the terms and conditions of appointment, as outlined in Annex A to this letter.”

Annex A further states: “The terms are not to be construed as constituting a contract of employment or service, or a contract for services between you and the Scottish Ministers or the Crown.”

Annex A sets out information on renumeration as follows:

“Remuneration

You are entitled to receive from the Scottish Ministers a fee of £300 for every day of not less than 7.5 hours (excluding meal breaks) devoted to performing your functions (as required or requested by the Group) on a pro rata basis, up to a maximum total fee of £7,200 per financial year.

You are not entitled to a pension in respect of your appointment, and you are not entitled to any gratuity or compensation when your appointment ends (whatever the reason).

Remuneration will be paid through payroll and is taxable. PAYE deductions in respect of income tax and National Insurance will be made, but you are otherwise responsible for your tax liabilities.”

The Co-Chairs costs for involvement since January 2021 is £14, 118.

Please see document 1 - appointment letter.

8(c) Are the co-chairs promised or supported by the SG to be facilitating and managing the observatory/ can the SG guarantee a transparent and accountable process that guarantees individuals involved in the AIGG will not gain advantage / personal benefits from the recommended observatory and its subsequent work?

Please see document 1 - appointment letter, which sets out the expected conduct of co-chairs:

“You will observe the following principles of public life: Selflessness: You have a duty to take decisions solely in terms of public interest. You must not act in order to gain financial or other material benefit for yourself, family or friends.”

AIGG members were appointed by Scottish Ministers, taking into account the views of the co-chairs and ensuring membership comprised of people with expertise and lived experience of racism. Membership reflects a gender balance, and includes those with experiences of intersecting marginalisation(s) and the realities of systemic racism and expertise in tackling it. Individuals were also appointed on the basis of having extensive knowledge and/or experience of policy making in Scotland, and design and implementation of policy/systems. Membership categories also needed to include:

community members and grassroots organisations
young people
scrutiny and governance expertise
expertise in gathering and using inequality data
expertise/leadership from public, private and third sector

A matrix detailing the expertise of potential candidates, and the rationale for their potential appointment, was developed. This helped Scottish Ministers and the co-chairs identify and nominate membership on grounds of merit.

Please see document 2 - the matrix of proposed members detailing their experience.