Future Anti-Racism Observatory for Scotland: Design Advisory Group - terms of reference

Background

Following the recommendations and completion of the Anti-Racism Interim Governance Group (AIGG), the Scottish Government will be setting up an independent Anti-Racism Observatory for Scotland (AROS). The AIGG provided recommendations on the structure and purpose of the Anti-Racism Observatory.

The setting up of an observatory was initially recommended by the Expert Reference Group on Ethnicity.

Purpose and remit

The Anti-Racism Observatory Design advisory group purpose is to:

• provide expert insight into the design and set-up of the forthcoming period of operation of AROS
• engage with the Scottish Government to ensure a robust, transparent and competent process to identify an independent host for the AROS
• collaborate with, advise and support the contracted staff design team in order to develop further the ambitions articulated by the AIGG. For example, using community engagement methods
• begin to scope the digital space for the AROS, to undertake critical thinking to support the development of strong partnerships, narratives and communication approaches to ultimately to support its launch

Period of operation

The design advisory group will first meet in December 2023, subject to the availability of prospective members, and there will be one meeting per month. It would then remain in place for a min of 5 months + max 12 months or until remit is fulfilled, whichever is the earlier; the independent launch of the AROS in a host organisation.

Principles guiding operation and membership

The group is independent and will work with the contracted design staff team who are consultants to the Scottish Government. The Terms of Reference acknowledges the risks of systemic racism within public institutions, and as such recognises the need for protection of the design advisory group and design team lead from undue influence, dilution or pressure. The terms of reference seeks to pursue a relationship with the Scottish Government which is based on collaboration and providing independent expert advice on the design of AROS to ensure successful delivery of its strategic objectives. Decision making within the design group will be shared between the design lead and the group.

The group will develop its own workplan and will not be delivering as a Scottish Government working group. For example, its purpose is not to advise Ministers or the Scottish Government, instead it has a specific project focus to collaborate, advise and co-produce with the design team to support the launch of the AROS.

The design advisory group’s Terms of Reference and purpose will be ratified through signature of the relevant minister. The purpose of which is to ensure independence, status and ability to influence direction through a direct relationship with the Minister.

The relationship between the design advisory group and the design lead, has also been agreed and ratified with the Minister to assure independence, acceptance and prioritisation of this collaborative model.

Reflecting the collaborative working model, the design lead and the design advisory group has the agreement of the Scottish Government on the ability to be involved in the procurement of the hosting services. This would include working collaboratively with procurement specialists within the Scottish Government, co-producing procurement documentation and specifications, as well as ensuring at least two representatives of the design advisory group alongside the design team lead participate in all assessments of procurement tenders. The design advisory group will create a joint report with the Strategic Team for Anti-Racism to the Minister for Equalities in the final round of procurement evaluations and specify their preferred candidate.  Final decision on the preferred tender would be subject to agreement with representatives from the design advisory group.

The design advisory group will jointly with the design lead will propose and agree a programme of work and seek agreement with Scottish Government. The design advisory group and design lead will report jointly on a bi-monthly basis to the Minister.

The group has no statutory powers and will work collaboratively with the Scottish Government. They will have the authority to commission research and reach out to other experts as required.

The Group is not established on a statutory basis. It is therefore not subject to the formal public appointments process and the requirements of the Code of Practice for Ministerial Appointments to Public Bodies in Scotland.

Participation in the Group will be remunerated (see Remuneration, below).

Meetings will be attended by named members, and support workers if required, only. Substitutes will usually not be accepted, apart from by prior agreement with the Co-Chairs.

Additional expertise may be sought to engage in specific elements of the Group’s work, however they will not be full members. Their participation will be made public via published minutes. It is anticipated that a blog site will be developed to host public information sharing during the design phase prior to the launch of the official AROS website.

Decision making will be as far as possible by consensus, or by majority if consensus is not reached. An attendance of 75% will be considered quorate.

Members will agree to abide by the following Group norms:

• attend the majority of meetings
• observe good time-keeping
• preserve the privacy of those with lived experience
• maintain the confidence of development discussions within the group
• take individual responsibility for engaging and completing tasks delegated to them
• commit to fully engaging in the Group’s activities and proactively participating in delivery
• switch off phones and electronic devices during meetings, apart from those being used for note taking etc
• meetings will take place virtually or in accessible locations. If members are able to offer suitable accommodation within their own organisations this would be appreciated. Although the Group is independent, suitable Scottish Government accommodation may be used if other accommodation is not available

As far as possible, membership will reflect gender balance, will include those with experiences of intersecting marginalisation(s), and the realities of systemic racism and expertise. Membership will take into account the need to ensure continuity and institutional memory from the AIGG.

Members will be appointed on merit by the Co-Chairs and will focus on individuals having extensive knowledge and/or experience of policy-influencing, governance, employment processes, anti-racism, community development and organisational development. Appointments will align, as far as possible, with the intentions agreed with the AIGG for advisory group membership.

Expert members with specialist knowledge may be approached to take part in meetings. If appropriate, these individuals may be remunerated for their time to perform an external advisory role.

Secretariat

Secretariat duties will be the responsibility of an Implementation Support Officer (a seconded role within the Scottish Government) and an external independent programme consultant. The external consultant responsible for maintaining independence from Scottish Government and balancing the collaborative model sought.

Role of the Co-Chairs

The Co-Chairs are responsible for leading meetings of the group, and in conjunction with the Design Team Lead, for setting the strategic direction and business of the interim phase in discussion with members and in accordance with the purpose and remit of the group.

The governance of the Anti-Racism Observatory for Scotland, once established, will have responsibility for implementation.

Safeguarding and ensuring safe spaces

The group consists of individuals from diverse cultures, background and circumstance. Members should be given time and space to share their stories if they want to and be willing to learn about other cultures and other people’s experiences. Intersectionality exists, so homogeneity should not be assumed – nor that the group will automatically address the needs of any specific sub-groups within it.

It must be recognised that people who are, and/or have been adversely racialised (and/or experience intersecting inequalities), will be impacted by their experiences in many respects, including emotionally, and there may be potential for conflict. Positive intent should always be assumed. Where possible and appropriate, the Co-Chairs and contracted and/or seconded staff will assist in creating a safe space and providing resource to support where abuse, discrimination or toxicity is being experienced.

Communications and Information Sharing

The Group will not be subject to Freedom of Information (FOI) and will not be required to respond to FOI requests. This is because the Group is not established on a statutory basis, and because it is clearly reflected within the Group's remit that they are independent.

Any papers provided from the Group to Scottish Government Ministers or officials will become subject to the usual FOI requirements. This means that any e-mails, notes, initial or formative advice and communications to Scottish Government Ministers or officials, would immediately become Scottish Government documents for the purposes of FOI. The Scottish Government can apply exemptions to withhold certain information, for example if policy is still being formulated, but may not be applicable for other types of information. Documents withheld for policy development reasons are likely to become appropriate for release in the future, once policy in this area is fully formed.

The Secretariat will keep the Group's records in a separate electronic file with restricted access. This will clarify that, for the purposes of FOI, the Scottish Government is holding these records only on behalf of the group and not in its own right.

Information and papers sent to Group members are intended for viewing by those members only. There should be an assumption that papers will contain Official Sensitive level information and thus should not be shared with colleagues or third parties, either in hard copy or electronically, and their content should not be discussed out with the Group or any of its agreed workstreams or sub-groups. Protocols will be developed for the distribution of information and papers.

Group discussions are confidential and not for sharing with third parties.

Remuneration

We recognise that asking individuals from adversely racialised communities to do further unpaid labour fighting racism contributes to structures of racism and inequality. This is why we pay participants for their time.

Pay will be at the following rates:

• Co-Chairs: £300/day (to a maximum of 3 days per month)
• Members: £200/day (to a maximum of 2.5 days per month)

Membership is envisaged to number between 12-15 people, including the Co-Chairs. Pay will be through ordinary Scottish Government pay channels.

Appendix a - collaboarative group relationships

This appendix outlines with clarity the collaborative relationships between the Design Advisory Group (DAG) and the Design Team Lead (DTL).

In order to support collaborative working a design “collaboration” joint reporting pathway exists.

The DTL and the DAG (via the co-chairs) jointly meet formally with the Minister for Equalities and Scottish Government officials as outlined below.

This supports the DTL in their engagement with the Scottish Government and also protects the DTL through reducing a need to act unilaterally on design decisions.

Engagement with the Scottish Government would take the following form:

• monthly meetings with the Minister for Equalities held jointly with the DAG Co-Chairs and the DTL
• monthly meetings between the Director for Equalities and the DAG Co-Chairs and the DTL
• meetings between the relevant officials from the Strategic Team for Anti-Racism, the DAG Co-Chairs and the DTL, as and when needed

The model in practice:

• influencing meetings with Scottish Government or any key public institution, which take key decisions on the budgeting, operations or procurement work related to the interim design phase and the future AROS are always conducted jointly between the design team lead and the Co-Chairs (or allocated member) of the DAG
• decisions regarding budget use, prioritisation of workplan tasks, communication with public institutions, partnerships/stakeholder prioritisation and procuring/hiring services must be made via the DAG
• the above pathway is pursued to ensure the safety and support of the DTL to enable them to deliver this work effectively through collaborative and evidence-based decision-making