Scottish Elections (Representation and Reform) Bill Equality Impact Assessment – Results

The Scope of the EQIA

The EqIA has assessed the potential impact of the Bill by considering whether the equality evidence indicates potential differential impacts on persons with protected characteristics or provides an opportunity to improve equality in an area. In line with the requirements of the general equality duty, it considers the need to:

• eliminate discrimination, harassment and victimisation and any other conduct that is prohibited by or under the act;
• advance equality of opportunity between persons who share a relevant protected characteristic and those who do not; and
• foster good relations between persons who share a relevant protected characteristic and those who do not.

Many of the measures outlined in the Bill (as summarised in the section above) are administrative in nature, and the Scottish Government does not consider these to have an equality impact (including provisions for campaign rules, emergency rescheduling of elections and reform arrangements for several electoral organisations).

The EqIA has focussed on the following measures in the Bill, that could have differential impacts on protected characteristic groups:

• extending candidacy rights at Scottish Parliament and local government elections to foreign nationals with limited leave to remain;
• barring those found guilty of offences involving intimidation of campaigners, candidates and elected representatives from being MSPs and councillors and creating a new Scottish disqualification order which will apply to those guilty of offences involving intimidation of electoral workers (also barring them from elected office);
• amendments to allow electoral pilot schemes to be proposed by Scottish Ministers, the EMB and EROs – this adds to the existing ability of local authorities to propose pilot schemes. It also requires the EMB to be consulted on pilot proposals;
• creating a power to permit funding by the Scottish Ministers to increase democratic engagement.

The following protected characteristics have been considered in the EqIA:

• age
• disability
• gender reassignment
• pregnancy and maternity
• race
• religion or belief
• sex
• sexual orientation