Gender Representation on Public Boards (Amendment) (Scotland) Bill: equality impact assessment

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

Do you think your policy impacts on people proposing to undergo, undergoing, or who have undergone a process for the purpose of reassigning their sex? (NB: the Equality Act 2010 uses the term ‘transsexual people’ but ‘trans people’ is more commonly used)

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

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

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

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

Decision making and monitoring

Identifying and establishing any required mitigating action

Have positive or negative impacts been identified for any of the equality groups?

A potential positive impact has been identified in respect of all those using the 2018 Act, as the Bill will ensure that they are not misled by erroneous wording in section 2 of that Act.

The trans community may perceive the Bill to have a negative impact on their community, as they could mistakenly view it as a step backwards from their work to achieve equality or a sign that the Scottish Government is changing its position on support for trans rights. However any substantive impact on the operation of the law is as a result of the Court’s decisions, not this Bill which simply clears up confusing wording. Officials are engaging with LGBTQI+ stakeholders to reassure them of the Scottish Government’s ongoing commitment to achieving greater equality.

Is the policy directly or indirectly discriminatory under the Equality Act 2010?

No

If the policy is indirectly discriminatory, how is it justified under the relevant legislation?

N/A

If not justified, what mitigating action will be undertaken?

N/A

Describing how Equality Impact analysis has shaped the policy making process

No changes have been made to the Bill following this EQIA.

Monitoring and Review

The position will continue to be monitored throughout the passage of the Bill through the Parliament, and further review will be undertaken if necessary.

Stage 5 - Authorisation of EQIA

Please confirm that:

• This Equality Impact Assessment has informed the development of this policy:

No

The Bill was developed solely and specifically in response to the Court decision. No other changes to the 2018 Act are expected.

• Opportunities to promote equality in respect of age, disability, gender reassignment, pregnancy and maternity, race, religion or belief, sex and sexual orientation have been considered, i.e.:
  • Eliminating unlawful discrimination, harassment, victimisation;
  • Removing or minimising any barriers and/or disadvantages;
  • Taking steps which assist with promoting equality and meeting people’s different needs;
  • Encouraging participation (e.g. in public life)
  • Fostering good relations, tackling prejudice and promoting understanding.

Yes

• If the Marriage and Civil Partnership protected characteristic applies to this policy, the Equality Impact Assessment has also assessed against the duty to eliminate unlawful discrimination, harassment and victimisation in respect of this protected characteristic:

Not applicable

Declaration

I am satisfied with the equality impact assessment that has been undertaken for the Gender Representation on Public Boards (Amendment) (Scotland) Bill and give my authorisation for the results of this assessment to be published on the Scottish Government’s website.

Name: Catherine McMeeken

Position: Deputy Director

Authorisation date: 23/10/23