Reforming the criminal law to address misogyny: consultation

Chapter Five

Impact Assessments

As we develop policy in response to the recommendations for criminal law reform contained in the report, we will carry out impact assessments. The aim of these assessments is to identify issues that may affect some groups more than others and to consider how we will address these issues. The assessments also explore what impacts the proposed reforms to the criminal law will have on matters such as privacy, equality, child rights and wellbeing and business. In addition, we need to ensure that any reforms to the criminal law comply with the European Convention on Human Rights.

This chapter seeks views on the potential impacts of proposals in this consultation.

The questions on the potential impacts of the proposals are broken down in line with the formal assessments carried out by the Scottish Government, which are:

• Compliance with ECHR
• Equality Impact Assessment
• Child Rights and Wellbeing Impact Assessment
• Fairer Scotland Duty Assessment
• Islands Community Impact Assessment
• Data Protection Impact Assessment
• Business and Regulatory Impact Assessment
• Strategic Environmental Assessment

We recognise that the proposed reforms will have a much greater impact in some areas than in others and that the proposals may have a minimal or no impact in some areas.

As all of the specific recommendations in the report relate to reform of the criminal law to address misogyny, we expect that there will be a great deal of commonality across each of the four specific proposals. When answering the questions, if your comments relate to a specific proposal, rather than the whole set of proposed reforms, it would be helpful if you could set this out when describing any impacts which you think should be considered.

Human Rights

The Human Rights Act 1998 incorporated the European Convention on Human Rights (ECHR) into UK law. It means that public authorities, such as the Scottish Government, must not act in a way that is incompatible with the rights set out on the ECHR. It is therefore vital that we consider how the proposals will impact on human rights.

Question: Do you have any views on potential impacts of the proposals in this consultation on human rights?

Equalities

The Public Sector Equality Duty requires the Scottish Government and other public bodies when they are exercising their functions to have due regard to the need to:

• eliminate unlawful discrimination, harassment, victimisation and other conduct prohibited by the Equality Act 2010
• advance equality of opportunity between people who share a relevant protected characteristic and those who do not
• foster good relations between people who share a relevant protected characteristic and people who do not share it.

For the purposes of the Public Sector Equality Duty, a 'relevant protected characteristic' means age, disability, gender reassignment, pregnancy and maternity, race, religion or belief, sex and sexual orientation.

The Equality Act 2010 sets out nine protected characteristics: age; disability; gender reassignment; marriage and civil partnership; pregnancy and maternity; race; religion or belief; sex; and sexual orientation. The Public Sector Equality Duty includes a requirement for the Scottish Government and other public bodies to have due regard to the need to eliminate unlawful discrimination, harassment, victimisation and other conduct prohibited by the Equality Act 2010.

Question: Do you have any views on the potential impacts of the proposals in this consultation on equalities and the protected characteristics set out above?

Children's rights

The UN Convention on the Rights of the Child (UNCRC) is an international treaty which sets out the fundamental human rights of all children. Part 1 of the Children and Young People (Scotland) Act places a duty on the Scottish Ministers to (a) keep under consideration whether there are any steps which they could take which would or might secure better or further effect in Scotland of the UNCRC requirements and (b) If they consider it is appropriate to do so, take any of the steps identified by that consideration.

All new legislation and policy that is developed by the Scottish Government must consider the impacts on the rights and wellbeing of children up to the age of 18.

Question: Do you have any views on the potential impacts of the proposals in this consultation on children and young people as set out in the UN Convention on the Rights of the Child?

Fairer Scotland Duty

The Fairer Scotland Duty came into force on 1 April 2018 and places a legal responsibility on named public bodies, including the Scottish Government, to actively consider how they can reduce inequalities of outcome caused by socio-economic disadvantage when making strategic decisions.

This means that as well as considering the impact on people with protected characteristics, the Scottish Government must consider how any proposals will impact on people depending on their economic background. For example, if proposals would have a specific impact on people with low incomes or who live in a deprived area.

Question: Do you have any views on the potential impacts of the proposals in this consultation on socio-economic inequality?

Island Communities

Section 7 of the Islands (Scotland) Act 2018 states that a relevant authority – which includes the Scottish Ministers – must have regard to island communities when carrying out its functions.

Scotland's islands face particular challenges around distance, geography, connectivity and demography, so it is important that this is considered when developing legislative proposals. It is also important that we ensure the islands receive fair and equitable treatment and that policy outcomes are tailored to their unique circumstances.

Question: Do you have any views on potential impacts of the proposals in this consultation on communities on the Scottish islands?

Data protection and privacy

Data protection and privacy impact assessments help the Scottish Government to assess the risks of proposed legislative changes that are likely to affect the way in which personal data is used.

Question: Do you have any views on the potential impacts of the proposals in this consultation on privacy and data protection?

Business

A Business and Regulatory Impact Assessment (BRIA) is used to analyse the costs and benefits to businesses and the third sector of any proposed legislation or regulation, with the goal of using evidence to identify the proposal that best achieves policy objectives while minimising costs and burdens as much as possible.

Question: Do you have any views on the potential impacts of the proposals in this consultation on businesses and the third sector?

Environment

In Scotland, public bodies, including the Scottish Government, are required to assess, consult on and monitor the likely impacts that their plans, programmes and strategies will have on the environment. This helps to better protect the environment, aims to ensure that any development is sustainable, and increases opportunities for public participation in decision-making.

Question: Do you have any views on the potential impacts of the proposals in this consultation on the environment?