Tertiary Education and Training (Funding and Governance) (Scotland) Bill - Equality Impact Assessment (EQIA) Record

Stage 1: Framing

Results of framing exercise

A framing workshop was not carried out for the Bill. The Bill sits within a wider programme of reform and the overall policy objective of the Bill is supported by a robust evidence base and the result of an extensive process involving an independent review, stakeholder engagement, public consultation, evidence gathering, and an options appraisal process, including:

• the Purpose and Principles which sets the vision and objectives for the wider post-school education and skills reform programme;
• the Independent Review of the Skills Delivery Landscape^[2] by James Withers (“the Withers Review”) which makes 15 recommendations for change in skills delivery. This includes reform of the functions of two of the principal public bodies which help run our post-school education and skills system, SDS and the SFC;
• a Strategic Outline Case (SOC) which set out the strategic context and case for change for simplifying the post-school education and skills funding body landscape; and
• an Outline Business Case^[3] (OBC) which comprised five cases: strategic, socio-economic, commercial, financial and management cases. The OBC considered the relative merits of the three shortlisted proposals in the SOC which were included in the consultation paper.

The Scottish Government conducted a public consultation^[4] between 25 June and 20 September 2024. The consultation sought views on proposals to change what public bodies do in the post-school system in order to simplify responsibilities for apprenticeships and student support. In total, 194 consultation responses were received and analysed. This consisted of 133 responses from organisations and 61 from individuals.

The consultation sought views on the additional skills, knowledge and experience for SFC Board members (more formally, members of the Council). Some respondents highlighted issues relating to inclusion and diversity which should be considered and understood by the Board. Respondents suggested that the Board should have an understanding of social mobility, inclusion, intersectionality and protected characteristics. In terms of representation on the Board, there were suggestions around having expertise in intersectional structural discrimination across all protected characteristics.

The consultation also sought views on any additional powers the SFC should have in order to help the post-school education and skills system operate effectively. Respondents proposed new powers for the SFC to ensure provision meets skills requirements and to support equity of access across all skills, learning pathways and learner groups. Responses included proposals for powers: to prioritise specific sectors or types of provision, e.g. based on skills requirements and outcomes; and to promote the diversity of learners, including mature learners, those from disadvantaged backgrounds and those with protected characteristics.

The approach taken in the Bill is to make the essential changes in respect of the expanded remit of the SFC. The other matters raised by respondents will be considered administratively and as subsequent policies are developed once the Bill is implemented.

Extent/Level of EQIA required

This EQIA has been completed for the Tertiary Education and Training (Funding and Governance) (Scotland) Bill and our assessment is that the provisions of the Bill do not have an impact on those with protected characteristics.

Through implementation and the development of subsequent policies that are underpinned by this Bill, full equality impact assessments will need to be undertaken to understand the impacts of specific policy decisions for those with protected characteristics and any unintended consequences.

This EQIA should be read in conjunction with the Fairer Scotland Duty Assessment and Child’s Rights and Wellbeing Impact Assessment.