Publication - Impact assessment
The Health Protection (Coronavirus) (Requirements) (Scotland) Amendment Regulations 2022 and The Health Protection (Coronavirus) (Requirements) (Scotland) Amendment (No. 2) Regulations 2022: equality impact assessment
This equality impact assessment (EQIA) is to analyse the potential impacts for each protected characteristic under the Equality Act 2010 of amending the definition of fully vaccinated to include the requirement for a booster if a primary course of MHRA vaccine was over 120 days ago and amend the definition of late night venue.
Assessing the impacts and identifying opportunities to promote equality
Do you think that the policy impacts on people because of their age?
| Age | Positive | Negative | None | Reasons for your decision |
|---|---|---|---|---|
| Eliminating unlawful discrimination, harassment and victimisation | X | There is some evidence of negative differential impacts identified at this time. There is the potential for indirect discrimination as some people will not have had the opportunity to complete their primary course or booster for various reasons e.g. a period of recent infection, they have become newly eligible etc. and will therefore not be considered fully vaccinated for the purposes of certification. The offer of COVID-19 vaccination for all doses will remain open to those newly eligible, or those who have not yet taken up the offer of vaccination. The alternative to provide record of a negative test (LFD or PCR) remains. There is the potential for indirect discrimination of young people due to lower vaccination uptake and higher rates of vaccine hesitancy. Ensuring that vaccinations are accessible through the Inclusive Vaccination Programme, and the inclusion of testing as an alternative and continued widespread availability of testing will help mitigate this risk. There is the potential for indirect discrimination of older people and care leavers (up to the age of 26) due to higher rates of digital exclusion and lack of photo ID within this demographic. The paper Certificate and helpline, inclusion of testing and continued widespread availability of testing, will mitigate against this. Due to lower vaccination uptake among younger people, even though the policy does not apply to employment, there is a risk that Covid Status Certification could be used as a condition of employment. This may have differential impacts on younger people. We have published sectoral guidance to support effective implementation consistent with our policy aim, which can be found on the Scottish Government website We recognise that some businesses, outside the regulated settings, are asking people for evidence they have been fully vaccinated as a condition of entry or as a condition of employment. We emphasised in our guidance that businesses which are not covered by the Government's scheme need to consider carefully their obligations under all relevant law including data protection, the Equality Act and Human rights. For more information see the Equality and Human Rights Commission Guidance for Employers. Covid Status Certification may present practical problems for care leavers due to frequent changes in of postal address. We have set up a Resolver Team to resolve any issues relating to inaccuracies in vaccination records. Testing acts as a mitigation to this. |
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| Advancing equality of opportunity | X | There is some evidence of a positive differential impact identified at this time. If the policy objective is achieved and the risk of transmission is reduced this will positively impact older people who have poorer health outcomes if they contract the virus. Covid Status Certification may support older people who are more at risk if they contract the virus, to feel safer and more confident in society. This is important for wellbeing, mental health and maintaining relationships. |
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| Promoting good relations among and between different age groups | X | As above, Covid Status Certification may support older people, who are more at risk if they contract the virus, to feel safer and more confident in society. This is important for wellbeing, mental health and maintaining relationships. |
Do you think that the policy impacts disabled people?
| Disability | Positive | Negative | None | Reasons for your decision |
|---|---|---|---|---|
| Eliminating unlawful discrimination, harassment and victimisation | X | There is some evidence of negative differential impacts identified at this time. There is the potential for indirect discrimination as some people will not have had the opportunity to complete their primary course or booster for various reasons e.g. a period of recent infection, they have become newly eligible etc. and will therefore not be considered fully vaccinated for the purposes of certification. The offer of COVID-19 vaccination for all doses will remain open to those newly eligible, or those who have not yet taken up the offer of vaccination. The alternative to provide record of a negative test (LFD or PCR) remains. There is the potential for indirect discrimination of disabled people due to higher rates of digital exclusion within this demographic. The paper vaccine Certificate and vaccine helpline, inclusion of testing and continued widespread availability of testing will mitigate against this. There will be exemptions to prevent indirect discrimination of people who cannot be vaccinated and cannot be tested for medical reasons. The expectation is these numbers will be very small: for almost all disabled people or people with other medical conditions, safe completion of immunisation, with support if required, is achievable. |
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| Advancing equality of opportunity | X | There is some evidence of positive differential impacts identified at this time. If the policy objective is achieved and the risk of transmission is reduced If the policy objective is achieved and the risk of transmission is reduced, this will positively impact disabled people who have poorer health outcomes if they contract the virus. | ||
| Promoting good relations among and between disabled and non-disabled people | X | Covid Status Certification may support disabled people, who are more at risk if they contract the virus, to feel safer and more confident in society. This is important for wellbeing, mental health and maintaining relationships. |
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?
| Gender reassignment | Positive | Negative | None | Reasons for your decision |
|---|---|---|---|---|
| Eliminating unlawful discrimination, harassment and victimisation | X | There is some evidence of negative differential impacts identified at this time. There is the potential for indirect discrimination as some people will not have had the opportunity to complete their primary course or booster for various reasons e.g. a period of recent infection, they have become newly eligible etc. and will therefore not be considered fully vaccinated for the purposes of certification. The offer of COVID-19 vaccination for all doses will remain open to those newly eligible, or those who have not yet taken up the offer of vaccination. The alternative to provide record of a negative test (LFD or PCR) remains. Without mitigations, Covid Status Certification could present practical barriers for some trans people due to data flow and interoperability issues. Individuals can create separate profiles on the App for international and domestic use by using different email addresses. If an individual wishes to use a different name domestically, and has photo ID in that name, they can create one account for international travel, which aligns with the details on their passport, and one account for domestic use, which aligns with their preferred name. We have established a Resolver Team to resolve any issues relating to inaccuracies in vaccination records. Trans people are less likely to have ID and stakeholders have raised concerns that some biometric identification software contains gendered and racial biases. Jumio, the company providing the software, state that their software has equal rates of success across all demographics with a matching rate of over 95%. For the other 5% there will be a manual check by Jumio staff to verify the user's identity. For the limited number of people who cannot register using the App, they can access a paper copy of their Certificate by calling the helpline. People can also choose to provide a record of their test result as an alternative. |
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| Advancing equality of opportunity | X | There is no evidence of a differential impact identified at this time. | ||
| Promoting good relations | X | If the policy objective is achieved and higher risk settings are allowed to continue to operate as an alternative to closure or more restrictive measures, this will facilitate socialisation and help to reduce feelings of isolation, which is important to trans people's mental health and wellbeing. |
Do you think the policy impacts on people because of their marriage or civil partnership?[4]
| Marriage and Civil Partnership | Positive | Negative | None | Reasons for your decision |
|---|---|---|---|---|
| Eliminating unlawful discrimination, harassment and victimisation | X | There is no evidence of a differential impact identified at this time. There will be an exception within the regulations for marriages and civil partnerships and associated celebrations. |
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| Advancing equality of opportunity | X | There is no evidence of a differential impact identified at this time. | ||
| Promoting good relations | X | There is no evidence of a differential impact identified at this time. |
Do you think that the policy impacts on women because of pregnancy and maternity?
| Pregnancy and Maternity | Positive | Negative | None | Reasons for your decision |
|---|---|---|---|---|
| Eliminating unlawful discrimination, harassment and victimisation | X | There is some evidence of negative differential impacts identified at this time. There is the potential for indirect discrimination as some people will not have had the opportunity to complete their primary course or booster for various reasons e.g. a period of recent infection, they have become newly eligible etc. and will therefore not be considered fully vaccinated for the purposes of certification. The offer of COVID-19 vaccination for all doses will remain open to those newly eligible, or those who have not yet taken up the offer of vaccination. The alternative to provide record of a negative test (LFD or PCR) remains. The inclusion of testing as an alternative and continued widespread availability of testing and work to encourage vaccination uptake by pregnant women, will help mitigate any risks that Covid Status Certification indirectly discriminates pregnant women, who may be less inclined to take up the offer of vaccination. Due to lower levels of vaccine uptake among pregnant women, even though the policy does not apply to employment, there is a risk that Covid Status Certification could be used as a condition of employment. This may have differential impacts on pregnant women. We have published sectoral guidance to support effective implementation consistent with our policy aim, which can be found on the Scottish Government website. We recognise that some businesses, outside the regulated settings, are asking people for evidence they have been fully vaccinated as a condition of entry or as a condition of employment. We emphasised in our guidance that businesses which are not covered by the Government's scheme need to consider carefully their obligations under all relevant law including data protection, the Equality Act and Human rights. For more information see the Equality and Human Rights Commission Guidance for Employers. |
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| Advancing equality of opportunity | X | There is some evidence of positive differential impact identified at this time. If the policy objectives to reduce transmission is achieved, together with increased uptake of vaccine and testing, this could positively impact pregnant women, as there is evidence that they may be at an increased risk of becoming severely unwell compared to women who are not pregnant, particularly pregnant women in the third trimester. | ||
| Promoting good relations | X | Evidence indicates women would feel more comfortable if Covid Status Certification was in place in certain settings, and so Covid Status Certification may support pregnant women to feel safer and more confident in society. This is important for wellbeing, mental health and maintaining relationships. |
Do you think the policy impacts on people on the grounds of their race?
| Race | Positive | Negative | None | Reasons for your decision |
|---|---|---|---|---|
| Eliminating unlawful discrimination, harassment and victimisation | X | There is some evidence of negative impacts identified at this time. There is the potential for indirect discrimination as some people will not have had the opportunity to complete their primary course or booster for various reasons e.g. a period of recent infection, they have become newly eligible etc. and will therefore not be considered fully vaccinated for the purposes of certification. The offer of COVID-19 vaccination for all doses will remain open to those newly eligible, or those who have not yet taken up the offer of vaccination. The alternative to provide record of a negative test (LFD or PCR) remains. Lower levels of vaccination uptake are evident in minority ethnic groups. The inclusive approach to vaccinations which includes targeted work to encourage uptake in ME groups, the inclusion of testing and continued widespread availability of testing, will help mitigate any risks that Covid Status Certification indirectly discriminates ME people who may be more inclined to be vaccine hesitant. NHS Inform and Public Health Scotland provide information and resources about vaccination in a range of different community languages. And there is also the offer of support with interpretation at vaccine appointments. Request support with interpretation, or get help with travelling to your appointment | The coronavirus (COVID-19) vaccine (nhsinform.scot) Evidence suggests that biometric identity software often contains gendered and racial biases. Jumio, the company providing the software, state that their software has equal rates of success across all demographics with a matching rate of over 95%. For the other 5% there will be a manual check by Jumio staff to verify the user's identity. For the limited of number of people who cannot register using the App, they can access a paper copy of their Certificate by calling the helpline. People can also choose to provide a record of a negative test. ME groups are more likely to face digital exclusion. The paper Certificate and helpline and the inclusion of testing and continued widespread availability of testing mitigates against this. Due to lower vaccination uptake among ME groups, even though the policy does not apply to employment, there is a risk that Covid Status Certification could be used as a condition of employment which may have differential impacts on ME people. We have published sectoral guidance to support effective implementation consistent with our policy aim, which can be found on the Scottish Government website. We recognise that some businesses, outside the regulated settings, are asking people for evidence they have been fully vaccinated as a condition of entry or as a condition of employment. We emphasised in our guidance that businesses which are not covered by the Government's scheme need to consider carefully their obligations under all relevant law including data protection, the Equality Act and Human rights. For more information see the Equality and Human Rights Commission for Employers. |
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| Advancing equality of opportunity | X | There is some evidence of positive differential impact identified at this time. If the policy objective to reduce transmission is achieved, this will positively impact ME communities, who have poorer health outcomes if they contract the virus. |
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| Promoting good race relations | X | If the policy objective is achieved and higher risk settings continuing to operate as an alternative to closure or more restrictive measures, this will facilitate socialisation and could support mental health and wellbeing, which has been negatively impacted during the pandemic. |
Do you think the policy impacts on people because of their religion or belief?
| Religion or belief | Positive | Negative | None | Reasons for your decision |
|---|---|---|---|---|
| Eliminating unlawful discrimination, harassment and victimisation | X | There is some evidence of negative impacts identified at this time. There is the potential for indirect discrimination as some people will not have had the opportunity to complete their primary course or booster for various reasons e.g. a period of recent infection, they have become newly eligible etc. and will therefore not be considered fully vaccinated for the purposes of certification. The offer of COVID-19 vaccination for all doses will remain open to those newly eligible, or those who have not yet taken up the offer of vaccination. The alternative to provide record of a negative test (LFD or PCR) remains. There may be some people who do not want to be vaccinated for reasons related to their religion or beliefs. The inclusion of testing and continued widespread availability of testing, and the inclusive approach to the vaccination Programme, which includes targeted outreach, will help mitigate any risks that Covid Status Certification indirectly discriminates people who may be more inclined to be vaccine-hesitant based on their religion or beliefs. |
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| Advancing equality of opportunity | X | There is no evidence of a differential impact identified at this time. There will be exceptions for premises being used for certain purposes, including worship. |
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| Promoting good relations | X | There is no evidence of a differential impact identified at this time. There will be exceptions for premises being used for certain purposes, including worship. |
Do you think that the policy impacts on men and women in different ways?
| Sex |
Positive |
Negative |
None |
Reasons for your decision |
|---|---|---|---|---|
| Eliminating unlawful discrimination, harassment and victimisation | X | There is some evidence of negative differential impacts identified at this time. There is the potential for indirect discrimination as some people will not have had the opportunity to complete their primary course or booster for various reasons e.g. a period of recent infection, they have become newly eligible etc. and will therefore not be considered fully vaccinated for the purposes of certification. The offer of COVID-19 vaccination for all doses will remain open to those newly eligible, or those who have not yet taken up the offer of vaccination. The alternative to provide record of a negative test (LFD or PCR) remains. Women have higher rates of vaccine hesitancy than men. The inclusion of testing and continued widespread availability of testing will help mitigate any risks that Covid Status Certification indirectly discriminates women who are more likely to be vaccine hesitant. Lower levels of vaccination uptake are evident among women. Even though the policy does not apply to employment, there is a risk that Covid Status Certification could be used as a condition of employment which may have differential impacts on women. We have published sectoral guidance to support effective implementation consistent with our policy aim, which can be found on the Scottish Government website. We recognise that some businesses, outside the regulated settings, are asking people for evidence they have been fully vaccinated as a condition of entry or as a condition of employment. We emphasised in our guidance that businesses which are not covered by the Government's scheme need to consider carefully their obligations under all relevant law including data protection, the Equality Act and Human rights. For more information see the Equality and Human Rights Commission Guidance for Employers. |
||
| Advancing equality of opportunity | X | There is some evidence of positive differential impact identified at this time. If the policy objective is achieved and the risk of transmission is reduced, this will positively impact men, who have poorer health outcomes if they contract the virus. Evidence indicates women would feel more comfortable if Covid Status Certification was in place in certain settings and so Covid Status Certification may support women to feel safer and more confident in society. This is important for wellbeing, mental health and maintaining relationships. |
||
| Promoting good relations between men and women | X | If the policy objective is achieved and higher risk settings can to continue to operate as an alternative to closure or more restrictive measures, this will facilitate socialisation and could support mental health and wellbeing of both sexes. |
Do you think that the policy impacts on people because of their sexual orientation?
| Sexual orientation | Positive | Negative | None | Reasons for your decision |
|---|---|---|---|---|
| Eliminating unlawful discrimination, harassment and victimisation | X | There is some evidence of negative impacts identified at this time. There is the potential for indirect discrimination as some people will not have had the opportunity to complete their primary course or booster for various reasons e.g. a period of recent infection, they have become newly eligible etc. and will therefore not be considered fully vaccinated for the purposes of certification. The offer of COVID-19 vaccination for all doses will remain open to those newly eligible, or those who have not yet taken up the offer of vaccination. The alternative to provide record of a negative test (LFD or PCR) remains. LGBT people are less likely to have ID and stakeholders have raised concerns that some biometric identification software contains gendered and racial biases. Jumio, the company providing the software, state that their software has equal rates of success across all demographics with a matching rate of over 95%. For the other 5% there will be a manual check by Jumio staff to verify the user's identity. For the limited of number of people who cannot register using the App, they can access a paper copy of their Certificate by calling the helpline. People can also choose to provide a record of a negative test. There is anecdotal evidence that people living with HIV may be slightly more vaccine hesitant than the general population. The inclusion of testing and continued widespread availability of testing will help mitigate any risks that Covid Status Certification indirectly discriminates people living with HIV. |
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| Advancing equality of opportunity | X | There is some evidence of positive differential impacts identified at this time. If the policy objective is achieved and the risk of transmission is reduced, this would benefit people living with HIV as they are more likely to have poorer outcomes if they contract Covid. |
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| Promoting good relations | X | If the policy objective is achieved and higher risk settings can to continue to operate as an alternative to closure or more restrictive measures, this will facilitate socialisation and could support mental health and wellbeing, which is particularly important for LGB older people, who report higher levels of loneliness. |
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