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ESRC Funded Seminar Series Public Policy, Equality and Diversity in the Context of Devolution Seminar 2: Mainstreaming equality and diversity in different national contexts: implications for policy and practice

ESRC Funded Seminar Series Public Policy, Equality and Diversity in the Context of Devolution

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ESRC Funded Seminar Series Public Policy, Equality and Diversity in the Context of Devolution Seminar 2: Mainstreaming equality and diversity in different national contexts: implications for policy and practice. WELCOME & INTRODUCTION. - PowerPoint PPT Presentation

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Page 1: ESRC Funded Seminar Series Public Policy, Equality and Diversity in the Context of Devolution

ESRC Funded Seminar Series

Public Policy, Equality and Diversity in the Context of Devolution

Seminar 2: Mainstreaming equality and diversity in different national contexts:

implications for policy and practice

Page 2: ESRC Funded Seminar Series Public Policy, Equality and Diversity in the Context of Devolution

WELCOME & INTRODUCTION

Page 3: ESRC Funded Seminar Series Public Policy, Equality and Diversity in the Context of Devolution

The experience of a single equalities commission in Northern Ireland

Elizabeth MeehanQueen’s University Belfast

Page 4: ESRC Funded Seminar Series Public Policy, Equality and Diversity in the Context of Devolution

The Scottish Executive and Equality

Esther BreitenbachUniversity of Edinburgh

Page 5: ESRC Funded Seminar Series Public Policy, Equality and Diversity in the Context of Devolution

Towards the Commission for Equality and Human Rights

Debbie Gupta CEHR Project Team

Commission for Equality and Human Rights

Page 6: ESRC Funded Seminar Series Public Policy, Equality and Diversity in the Context of Devolution

outline• Why the CEHR?

• What will it do? (and not do?)

• Lessons learned

• Next steps towards establishment

Page 7: ESRC Funded Seminar Series Public Policy, Equality and Diversity in the Context of Devolution

key facts• Replaces the existing Commissions

– Commission for Racial Equality (est 1976)– Disability Rights Commission (est 2000)– Equal Opportunities Commission (est 1975)

• Provides institutional support for new discrimination grounds and human rights– Religion or belief– Sexual orientation– Age

• Operates with existing discrimination law framework*

Page 8: ESRC Funded Seminar Series Public Policy, Equality and Diversity in the Context of Devolution

why the CEHR?• Legislative landscape has changed• Social and demographic challenges of the

future• Powerful and authoritative• Resource efficiency

Page 9: ESRC Funded Seminar Series Public Policy, Equality and Diversity in the Context of Devolution

what the CEHR will do…• Work on a wide basis across equality, diversity,

human rights and good relations• Duty to consult stakeholders in preparation of

strategic plan, and on ‘State of the Nation’ report• Regional arrangements – greater relevance for local

communities and public services• New duty to work towards elimination of prejudice

towards, hatred of, and hostility against communities and new powers to monitor hate crimes

• Provide guidance across all areas of discrimination, perhaps on a sector-specific basis eg education, health

Page 10: ESRC Funded Seminar Series Public Policy, Equality and Diversity in the Context of Devolution

and what the CEHR will not do…• Dilute expertise and experience – instead putting

it all together under one roof• Treat all issues in the same way – equality is

about recognising and accommodating different needs and circumstances

• Support every discrimination case – will need to use limited resources to achieve strategic outcomes

• Undertake litigation on human rights cases – except in a few limited circumstances

Page 11: ESRC Funded Seminar Series Public Policy, Equality and Diversity in the Context of Devolution

lessons learned• the journey is as important as the

destination• change is always difficult• honest, open dialogue is critical• passion, aspiration and vision matter

Page 12: ESRC Funded Seminar Series Public Policy, Equality and Diversity in the Context of Devolution

next steps towards establishment…

• Equality Bill 2005

• Steering Group

• Capacity-building for new discrimination grounds

Page 13: ESRC Funded Seminar Series Public Policy, Equality and Diversity in the Context of Devolution

‘An absolute duty’: the rhetoric and reality of mainstreaming equality

in post devolution Wales

Paul ChaneyUniversity of Cardiff

Page 14: ESRC Funded Seminar Series Public Policy, Equality and Diversity in the Context of Devolution

Content• Legal + institutional context

• political vision

• institutional prerequisites for mainstreaming equality

• Evaluation reports

• Public policy: selected examples

• Overall Assessment

Page 15: ESRC Funded Seminar Series Public Policy, Equality and Diversity in the Context of Devolution

Context: Welsh Office• Male-dominated administration

• Weak national Welsh policy making capacity

• Equality issues ignored / “not our responsibility”

• Wholesale failure to tackle inequality and discrimination

Page 16: ESRC Funded Seminar Series Public Policy, Equality and Diversity in the Context of Devolution

Mainstreaming: Devolution, and the Political Vision (1)

• Development beyond enabling statutory framework

• Need to ‘take equality of opportunity factors into account in every policy decision’

• ‘a definite dynamic’

• ‘individual responsibility’

Page 17: ESRC Funded Seminar Series Public Policy, Equality and Diversity in the Context of Devolution

Mainstreaming: Devolution, and the Political Vision (2)

• ‘a democratic, participative approach’

• ‘clear priorities and targets for action’

• ‘This mainstreaming approach is fundamental’

Page 18: ESRC Funded Seminar Series Public Policy, Equality and Diversity in the Context of Devolution

Challenging Context• Equalities more pronounced

• Deficiencies in Welsh devo ‘settlement’

• High expectations of ‘new’ politics

• Discontinuities in Ministerial ‘leadership’

• Huge pressures on Welsh civil Service

Page 19: ESRC Funded Seminar Series Public Policy, Equality and Diversity in the Context of Devolution

Institutional Prerequisites • Appropriate institutional arrangements

• Awareness raising

• Training

• Expertise

• Appropriate staffing

• Reporting mechanisms

• Incentives to ‘build ownership’,

• Securing adequate resources

Page 20: ESRC Funded Seminar Series Public Policy, Equality and Diversity in the Context of Devolution
Page 21: ESRC Funded Seminar Series Public Policy, Equality and Diversity in the Context of Devolution

Evaluation (2002).• Subject committees failing to mainstream

equality into policy-making

• Policy consultations under-resourced

• Majority of policies ‘declaratory’ approach to equalities

• Policies lacked equality targets

• ‘Ownership’ lacking

• Financial and human resource implications ignored

Page 22: ESRC Funded Seminar Series Public Policy, Equality and Diversity in the Context of Devolution

“Little strategic direction” ‘currently the Assembly does not have an overall equality strategy, and in our view there is no doubt that this is hampering the Assembly's efforts in relation to mainstreaming equality (NAW, 2004:31-2).

Page 23: ESRC Funded Seminar Series Public Policy, Equality and Diversity in the Context of Devolution

Evaluation (2004).• Officials: Inadequate equality training

• Inadequate Official Statistics

• Failing/ inadequate EPU

• Inadequate equalities advice to public sector

• Absence of equality impact assessments

• Inadequate monitoring of equalities policies

Page 24: ESRC Funded Seminar Series Public Policy, Equality and Diversity in the Context of Devolution

e.g.s of Equality Policy and Law

• Consultative policy networks

• Public Procurement

• Public Appointments

• Education Policy

• Equality and the Regulatory Infrastructure of the State

• Equality in Welsh Law

Page 25: ESRC Funded Seminar Series Public Policy, Equality and Diversity in the Context of Devolution

POLICY AREA

SCOPE OF NEW LEGAL EQUALITY REQUIREMENTS

DETAILS OF WELSH LEGISLATION

Provision of comprehensive Cervical screening by contractors to NHS Wales

Welsh Statutory Instrument 2004 No. 478 (W.48) The National Health Service (General Medical Services Contracts) (Wales) Regulations 2004 Abortion (Amendment) (Wales) Regulations (2002), 19.11.2002

Health

Greater regulatory protection for women having an abortion Welsh Statutory Instrument 2002 No. 325 (W.38) Private and Voluntary Health Care (Wales)

Regulations 2002 Responsible bodies shall set out their Health and Well Being Strategies languages and formats for disabled people

Welsh Statutory Instrument 2003 No. 154 (W.24) The Health, Social Care and Well-being Strategies (Wales) Regulations 2003

Disability

Enhanced disability premiums in means tests for determining the amount of housing renovation grant and disabled facilities grant

Welsh Statutory Instrument 2001 No. 2073 (W.145) The Housing Renewal Grants (Amendment) (Wales) Regulations 2001

A new ethical framework for local government and public authorities in Wales – employees of relevant authorities must comply with policies relating to equality issues

Welsh Statutory Instrument 2001 No. 2280 (W.170) The Code of Conduct (Qualifying Local Government Employees) (Wales) Order 2001

Incorporating equality as a public sector performance indicator

Welsh Statutory Instrument 2001 No. 1337 (W.83) The Local Government (Best Value Performance Indicators) (Wales) Order 2001

Local Govt. / Public sector

The number of domestic violence refuge places per 10,000 population which are provided or supported by the best value authority

Welsh Statutory Instrument 2001 No. 1337 (W.83) The Local Government (Best Value Performance Indicators) (Wales) Order 2001

Housing Inter alia, adds to those Persons with priority need for accommodation: ‘a person fleeing domestic violence or threatened domestic violence - A person without dependant children who has been subject to domestic violence or is at risk of such

Homeless Persons (Priority Need) Wales Order (2001), 16.04.2002

Page 26: ESRC Funded Seminar Series Public Policy, Equality and Diversity in the Context of Devolution

UN International Assessment, March 2005

• uneven in their effectiveness

• often marginalized in national government structures

• frequently hampered by unclear mandates,

• lack of adequate staff, training, data and sufficient resources,

• lacking support from national political leadership’

(UN Inter-Agency Network on Women and Gender Equality, IANWGE, 2005:61).

Page 27: ESRC Funded Seminar Series Public Policy, Equality and Diversity in the Context of Devolution

Rhetoric or Reality? (1)• Presently, more rhetoric than reality

• Failed against Welsh exec’s self-stated aims -as well as int. understood principles of mainstreaming

• Positive developments – institutional prerequisites

• Positive developments – selected e.g.s of policy and law

Page 28: ESRC Funded Seminar Series Public Policy, Equality and Diversity in the Context of Devolution

Rhetoric or Reality? (2)• Thus far, faltering and uneven approach to

mainstreaming

• Current implementation of Mainstreaming Review recommendations: a crucial test (déjà vu )

• Absolute Duty?

Page 29: ESRC Funded Seminar Series Public Policy, Equality and Diversity in the Context of Devolution

NAW definition of equality

• ‘treating people equally in status, rights and opportunities through a set of policies and actions, with the aim of securing equality of outcome for all’ (NAW, 2004:7).

Page 30: ESRC Funded Seminar Series Public Policy, Equality and Diversity in the Context of Devolution

NAW definition of Mainstreaming

‘the integration of respect for diversity and equality of opportunity principles, strategies and practices into the every day work of [government …] and other public bodies. It means that equality issues should be included from the outset as an integral part of the policy-making and service delivery process and the achievement of equality should inform all aspects of the work of every individual within an organisation. The success of mainstreaming should be measured by evaluating whether inequalities have been reduced’ (NAW, 2004:6).

Page 31: ESRC Funded Seminar Series Public Policy, Equality and Diversity in the Context of Devolution

Equality, diversity and the politics of scale: the Canadian public policy

experienceJanet Siltanen

Carleton University, Ottawa

Page 32: ESRC Funded Seminar Series Public Policy, Equality and Diversity in the Context of Devolution

Gender-based analysis and diversity in Canadian public policy

•the significance of diversity in federal commitments to gender-based analysis

•action to integrate gender-based analysis and diversity

•implementation successes, challenges and possibilities

Page 33: ESRC Funded Seminar Series Public Policy, Equality and Diversity in the Context of Devolution

Setting the Stage for the Next Century: The Federal Plan for Gender Equality, 1995-2000

A gender-based approach ensures that the development, analysis and implementation of legislation and policies are undertaken with an appreciation of gender differences.

It also acknowledges that some women may be disadvantaged even further because of their race, colour, sexual orientation, socio-economic position, region, ability level or age. A gender-based analysis respects and appreciates diversity.

Page 34: ESRC Funded Seminar Series Public Policy, Equality and Diversity in the Context of Devolution

Putting intersectional analysis into practice

•intersectional analysis as a theory of inequality in Canada

•intersectional analysis in practice

- intracategorical analysis

- intercategorical analysis

Page 35: ESRC Funded Seminar Series Public Policy, Equality and Diversity in the Context of Devolution

Rescaling and the policy process

•the politics of scale in the analysis of policy-making in Canada

•rescaling and ‘gender and diversity’ policy-making in provinces, regions and cities

•consistency versus context in sub-national policy implementation mechanisms

Page 36: ESRC Funded Seminar Series Public Policy, Equality and Diversity in the Context of Devolution

Charter of Rights and Freedoms•  15. (1) Every individual is equal before and under the law and

has the right to the equal protection and equal benefit of the law without discrimination and, in particular, without discrimination based on race, national or ethnic origin, colour, religion, sex, age or mental or physical disability.

• According to rulings made by the Supreme Court of Canada, section 15 (1) of the Charter provides not only formal equality, but also substantive equality.

Page 37: ESRC Funded Seminar Series Public Policy, Equality and Diversity in the Context of Devolution

The Nordic Approach to the Promotion of Equality

Tuula GordonUniversity of Helsinki

Page 38: ESRC Funded Seminar Series Public Policy, Equality and Diversity in the Context of Devolution

Equal opportunities in Malta: a southern European perspective

Mary DarmaninUniversity of Malta

Page 39: ESRC Funded Seminar Series Public Policy, Equality and Diversity in the Context of Devolution

Introduction• 1987 following European Convention of Human Rights

• 1991 Convention on the Elimination of Discrimination Against Women

• Constitutional amendments prohibiting discrimination on ground of sex

• Rights of disabled to work and training

• Since 2003 some protection against discrimination on grounds of race

• Roman Catholic religion entrenched in Constitution as religion of Malta

Page 40: ESRC Funded Seminar Series Public Policy, Equality and Diversity in the Context of Devolution

..and• Equal Opportunities (Persons with Disability) Act , February 2000

• Act to Promote Equality for Men and Women, Act I of 2003

• Domestic Violence Act 2005 (being debated now)

• Subsidiary legislation on tax credit for women returnees 2005

• Equal pay for the same work, 1964; Equal Pay Act 1967; 1974 annual increments to female civil servants; 1976 extended to private sector employees

• 13 weeks maternity leave on full pay 1981, one further week unpaid since EU accession 2004

• Disabled Persons (Employment ) Act 1969: register , quota of 2%, not enforced

• Females able to join trade unions 1937

• No legislation to protect against discrimination on the ground of sexual orientation

Page 41: ESRC Funded Seminar Series Public Policy, Equality and Diversity in the Context of Devolution

The policy context • Area of 316 Km sq: Malta and Gozo (and 3 unoccupied islands)

• Population 400,000

• New EU member, May 2004

• 4th highest debt level in EU

• Large deficit

• Decline in industry

• Rise in unemployment

• Average annual salary - female Lm 4462, males Lm 5354

• Low overall employment rate – 54.4%

Page 42: ESRC Funded Seminar Series Public Policy, Equality and Diversity in the Context of Devolution

Labour Force Data 2004• Female activity rate is 36.7%

• Female employment rate 32.9%

• Female unemployment rate 10.2%

• 54.2% of unemployed females are age 15-24

• 17.7% of all employed females work part-time as main occupation

• 2.5% of the females are self-employed

• 2003 Disability Survey: 23% (627)of 16-60 are in employment. 897 consider themselves unemployed.

Page 43: ESRC Funded Seminar Series Public Policy, Equality and Diversity in the Context of Devolution

A theoretical aside• Not one perspective but many

• My materialist interpretation, within account of social policy/development of (welfare) state

• History of British colonialism/southern Catholicism (sedimented layers of practice)

• State as ‘relational’ : condenses struggles, medial institution

• 4 imperatives/responses to:1. transnational capital2. global political structures3. domestic pressures and demands 4. internal needs and self-interests

Page 44: ESRC Funded Seminar Series Public Policy, Equality and Diversity in the Context of Devolution

Specificity of Malta and Gozo• Geographical size (no natural resources)

• Population size :doubled in 20th century; 1,265 per sq km; non-Maltese element 2.1% , masculinity ratio 977

• no critical mass of activists, multi-functional roles, intimacy/affectively charged relationships, interdependent social networks

• Intensive links with metropolitan imports

• Colonial ‘penetration’ intensive and durable -2000 year history. British period 1802-1964

• Catholic Church: a coloniser?

• EU : direct (rule?) external influence

Page 45: ESRC Funded Seminar Series Public Policy, Equality and Diversity in the Context of Devolution

Early discourses and practices

• Complex system of needs based assistance (charity?) since the Knights of Malta, 16th Century

• Modern welfare since 1920s

• British grouped all service under Comptroller of Charitable Institutions 1815

• Discretionary pensions to public servants since 1820s

• Fortress economy: work as male, beginning of male breadwinner model (though women in paid employment and subsistence economy too)

Page 46: ESRC Funded Seminar Series Public Policy, Equality and Diversity in the Context of Devolution

Early welfare and internal demands• Early social assistance and social insurance

• 1927 Widows and Orphans Pensions act

• Workmen’s Compensation Act 1929(contributory)

• Old Age Pensions Act 1948 (means tested)

• 1940s formation of General Workers Union/MLP = common Labour Front

• To repeal 1939 Voting Ordinance (male –only, plural voting) to extend to males and females over 18. Passed in 1948.

• Campaign for introduction of income tax and land tax

• 1947 restoration of responsible government and Labour administration

Page 47: ESRC Funded Seminar Series Public Policy, Equality and Diversity in the Context of Devolution

Contradictions of the Welfare State

• 1956 National Assistance Act (to heads of household, means tested) and National Insurance Act (insurance paid by employer, State, employee)

• 1950s (following ILO) Conditions of Employment (Regulations) Bill. Wages Council and Joint Negotiating Councils

• 1945-1960 heavy emigration to Australia and Canada (over 55,000 persons)

Page 48: ESRC Funded Seminar Series Public Policy, Equality and Diversity in the Context of Devolution

Discrimination against female employees

• 1948 Cabinet decision to lay off females followed by Marriage Bar

• 1956 Balogh Report- waste of talent

• 1974, Act XLV In CERA (1952). MLP government ban on females filling vacancy of post previously held by a man.

• Repealed by Act XXVII of 8th December 1978- but lose seniority

• MPO Circular 18/96: service prior to resignation not reckonable for assimilation into civil service grades (in vigore to date)

Page 49: ESRC Funded Seminar Series Public Policy, Equality and Diversity in the Context of Devolution

Hybrid model within economic and political instability

• Old Age Pensions (Amendment ) Act 1957 : blind persons over 40 qualify

• 1964 extended to blind over 14

• ‘passive assistance’

• Education, economy very underdeveloped

• From integration to independence struggle –not enough funds to maintain Malta

Page 50: ESRC Funded Seminar Series Public Policy, Equality and Diversity in the Context of Devolution

• Aid to Industries (Bill) 1957 : labour intensive, low skill, low pay industries (females)

• Transfer of Dockyard to private company (90,000) dependent on it

• Service sector tourism growth: seasonal, small

• Large public sector

Page 51: ESRC Funded Seminar Series Public Policy, Equality and Diversity in the Context of Devolution

Education• Compulsory primary education (part-time) 1948

• 1956 full-time primary

• 600 emergency (untrained ) teachers

• Training Colleges (run by Religious Orders) opened 1950s

• 1956 pilot scheme for two classes of hearing impaired in mainstream schools

• By 1963 Deaf Unit, and Santa Maria ESN Unit and Guardian Angel School (all special schools). 1965 Mater Dei for boys with ‘emotional difficulties’

• Primary some mixed but most large schools single sex till 1981. Secondary state and Church single –sex to date.

Page 52: ESRC Funded Seminar Series Public Policy, Equality and Diversity in the Context of Devolution

Road to Independence• Poor financial deal with integration proposal

• Church opposes both Dominion Status and Independence proposals

• Splits in both PN and MLP

• GWU strike and MLP riots –State of Emergency

• Direct intervention of Archbishop- 1961 Directive, Lenten Pastoral 1958 & Pastoral Letter1962, Interdict on MLP Executive –marriage, burial, mortal sin

• In 1959 Church owned 18 orphanages, 45 schools, 3 homes for the aged, 360 churches.

Page 53: ESRC Funded Seminar Series Public Policy, Equality and Diversity in the Context of Devolution

Social Policy in the 1960s• Employment of Disabled Persons Act 1969

• Tax exemption for families with disabled person on special car

• 1970 Special section Sannat School , Gozo for persons with severe intellectual disability

• Secondary Education for All 1970

• Non-fee paying University 1968

Page 54: ESRC Funded Seminar Series Public Policy, Equality and Diversity in the Context of Devolution

MLP social policy 1970s • ROSLA, 1971 (girls continue in education)

• Worker-student scheme 1982-87, Stipend system from PN 1988, to date (?) increase of females in HE (now 54% of graduates).

• 1973 Child Allowance (on basis of number in family, up to 3)

• 1973 Handicapped Pension scheme (non-contributory), extended in 1975 to cover ‘severely handicapped’ persons

• 1976 Minimum Weekly Wage National Standard Order

Page 55: ESRC Funded Seminar Series Public Policy, Equality and Diversity in the Context of Devolution

And 1980s

• 1981 Maternity Benefit for 13 weeks to pregnant females ( not in employment)

• 1981 Maternity Leave : 13 weeks full pay for employed females ( one further week unpaid since EU accession 2004)

• 1986 Social Assistance extended to single or widowed females taking care of elderly or ‘handicapped’ person at home. 1992 Carer’s Pension at half minimum wage.

Page 56: ESRC Funded Seminar Series Public Policy, Equality and Diversity in the Context of Devolution

1987 new PN government

• and shift from needs to some rights, from welfare state to ‘welfare society’

• more involvement of NGOs/civil society, less of State

• Charity again in Public Private partnerships i.e. HSBC ‘glocal’ opportunism

• Co-ordination of social welfare in Ministry of Social Policy: health, labour, social security, welfare, elderly and housing

Page 57: ESRC Funded Seminar Series Public Policy, Equality and Diversity in the Context of Devolution

Continuation of needs-based approach

• 1988 Handicapped Child Allowance for those already entitled to Children’s Allowance (under 14 years of age). Since 1996 means-tested.

• 1989 Family Bonus also pegged to Children’s Allowance

• 1989 Emergency Assistance for ‘home-driven destitute females’ (victims of domestic violence)

• 1996 Supplementary Allowance for those whose total income fell below a certain level.

• 1996 lone parent beneficiaries could also work and draw benefit, as long as total income below Minimum Wage. (Since 2001 applies also to those in rehab).

Page 58: ESRC Funded Seminar Series Public Policy, Equality and Diversity in the Context of Devolution

Equality Mainstreaming- first phase• 1987 National Commission of the Handicapped (since 1992

National Commission Persons with Disability –NCPD/knpd)

• 1987 Secretariat then Department Equal Status of Women (DESW) : government arm in Ministry Social Policy and Commission for the Advancement of Women

• 1996-98 Department of Women’s Rights (DWR), Parliamentary Secretary in the Office of the Prime Minster (MLP)

• 1998-2002 Department of Women in Society (DIS) , Ministry of Social Policy

• 2002- to date National Commission for the Promotion of Equality (NCPE), Ministry for the Family and Social Solidarity

• Employment and Training Corporation- now with Gender Equality Action Plan 2003-2004

Page 59: ESRC Funded Seminar Series Public Policy, Equality and Diversity in the Context of Devolution

Ministerialisation of policy or representative democracy?

• NCPD – Article 21 of Equal Opportunities (Persons with Disability) Act .

• 14-19 members, half of which persons with disability or parents of person with disability (intellectual impairment) and with gender equality

• Seven appointed by PM from Ministries for Social Policy, Health, and Economic Planning

• Seven appointed by PM from persons ‘who best represent voluntary organisations working in field’

• In 2004 – one from Archdiocese, MFSS, MSP, ME ,MH, MFES, MG, UoM, 2 LCs

• Plus Executive Board (from among members of NCPD)

Page 60: ESRC Funded Seminar Series Public Policy, Equality and Diversity in the Context of Devolution

National Commission for the Promotion of Equality for

Men and Women• Article 11 of Act :Prime Minister on advice of the Minister

• Appoints Chair and 6 members of which at least 3 women

• ‘such persons appearing to him best suited to deal with issues of equality for men or women’

• Currently 1 from NCW, 1 from AD (male) , 1 ex-speaker MLP, Archbishop’s EU specialist (priest), 1 tourism industry (male) , 1 other female (an MD)

• Plus Executive Director and 5 members of staff + one legal advisor

• EU Council Directive 2000/43/EC (to counter racism) transposed to Maltese law this year, the Commission will become a super- National Commission for the Promotion of Equality (June 2005). Affiliated to ENAR

• Claim that legislation has been drafted

• 2004 -ongoing Sexual Harassment Code of Practice (help from Australia)

Page 61: ESRC Funded Seminar Series Public Policy, Equality and Diversity in the Context of Devolution

National Machinery Strategies1. New equality legislation & amending existing laws

2. Advising other bodies & supporting mainstreaming in them, i.e. ETC, other ministries, authorities etc.

3. Education and training

4. Information giving and publicity campaigns

5. Research and publications

6. Decision-making- representing national machinery on other boards

7. Dealing with complaints

8. International obligations

9. Others

Page 62: ESRC Funded Seminar Series Public Policy, Equality and Diversity in the Context of Devolution

Gender equality legislation• Amendment to the Civil Code, Act XXI of 1993 Equal Partners in

Marriage- parental rights to mothers, property rights, community of acquests, retention of name etc.

• 1994 started the work on CERA, to protect against discrimination in employment, sexual harassment, protection during pregnancy, other measures for work/family balance

• 1996 proposed (with others) setting up of Family Court (disaster in reality)

• 1996 Social Security Act and Income Tax Act: submit separate return or be responsible for chargeable income

• Legal Notice 61/96 classifies workers who work 20 + hours as ‘full-time with reduced hours’ pro-rata benefits. Employer abuse.

Page 63: ESRC Funded Seminar Series Public Policy, Equality and Diversity in the Context of Devolution

..more• Domestic Violence Bill, June 2005 (test of the reasonable man)&

setting up of Commission (research, strategies, awareness, standards for practitioners, coordinate national level activities). In 2004, help line got 22,438 calls.

• 2002 Employment and Industrial Relations Act- flexible maternity leave, 3 months unpaid parental leave, reduced hours, 10 hours urgent leave with pay (to satisfy Acquis Communtaire)

• 2002 Act to Promote Equality for Men and Women- anti-discrimination in employment, banking and financial institutions, education and advertising

• Complainants can appeal to NCPE

Page 64: ESRC Funded Seminar Series Public Policy, Equality and Diversity in the Context of Devolution

Disability Legislation• 2000 Equal Opportunities (Persons with Disability) Act

• Established NCPD and EO Compliance Unit

• Safeguards in employment, education, goods and service, accommodation, access and insurance.

• Promote civil rights through ETC Support Unit , Employment Training Placement Scheme & Business Promotions Act

Page 65: ESRC Funded Seminar Series Public Policy, Equality and Diversity in the Context of Devolution

Education and training: NCPD• 1993 NCPD publish report on inclusive education policy

• 2000, ‘facilitator’ system, 600 SEN children in mainstream (but included?)

• Participated in NMC process 2000

• and Ministerial Committee on Inclusive Education 2000

• Another Review Committee meeting 2003-2005

• Chair of NCPD on University Senate

• Courses on Disability Issues at University (pressure to give up to non-disabled ‘experts’)

• Examinations

• Statementing Moderating Board & Board of Appeals , 2003

• Report on education post 16 of persons with disability

Page 66: ESRC Funded Seminar Series Public Policy, Equality and Diversity in the Context of Devolution

Education and training: gender • Less direct involvement of machinery in education policymaking

• Early work on stereotyping in textbooks (1990 B. Davis and Commonwealth Secretariat Guidelines), guidelines for PSD teachers (used undergraduates)

• 1993 Adult Education morning classes in 5 basic (school) subjects

• 1994-2004 on-going training for Gender Focal Points

• 1995 Part-time day Diploma Course ‘Women and Development’ , WPDC at University

• 1998 short courses AZAD for female candidates for Local Councils

• Chairperson a member on NMC Gender Working Group, late chair of Gender NMC Focus Group

Page 67: ESRC Funded Seminar Series Public Policy, Equality and Diversity in the Context of Devolution

Research and Publications• NCPD & NCPE both have documentation /resource centres.

• NCPD : accessible catalogue, information service sheets, documents, theses, copies of unpublished material, books, International documents, periodicals, cd-roms, videos.. Much of it available on-line, including talks, press releases, sections from Parliamentary Debates etc.

• Open 9-noon daily .Free photocopying service. ICT major instrument.

• Research published available in Maltese and English versions, no charge

• Disability Survey 2003

• Annual Reports & EO Compliance Unit Annual Reports

• PEKTUR programme- self-advocacy research

• Quarterly Maltese language magazine Indaqs (Equal)

• 2003- Economic Dimensions of Independent Supported Living for People with Disability

Page 68: ESRC Funded Seminar Series Public Policy, Equality and Diversity in the Context of Devolution

Research and Publications• NCPE ( and previous DESW, DWR, DWIS) library & documentation centre,

5341titles, Dewey catalogue, on-line• 1992 Women Working in Factories• 1992 Women in Industrial Estates• 1992 Information brochure on Family Law• 1994 Women in the Media • Directory of Maltese Women• 1995 National Report on Maltese Women (for Beijing)• 1996 Gender Trends: a Statistical Profile• 1998 edited Gender Issues and Statistics• 1998 Statistics from 1995 Census Women and Men in the Maltese Islands • 2000 Values of Women and Men• 2001 a Day in her Life: Social and Economic Contribution of Maltese Women

(qualitative research on domestic labour)• 2003 The Impact of Parental Leave, Career Break and Responsibility Leave in the

Maltese Public Sector• 2005 ESF research on family/work balance, telework, graduate tracer study, gender

pay gap

Page 69: ESRC Funded Seminar Series Public Policy, Equality and Diversity in the Context of Devolution

NCPE: taking equality further (2004)

• International Conferences and Meetings: 18

• EU and UN Projects: 1) ESF EQUAL 2) ESF Gender Mainstreaming 3)Gender Gap in Science and Technology

• Press Releases: 6, tv participation 2 + weekly programme anchored by ES July-Sept

• Local meetings: PSC,: head of EU delegation; 4 with OPM , PPCD and others on the ESF Funds; on NAP (2004/2005) ; political parties re Local Council elections; all candidates for MEP EU Parliament; NCW: Ombudsman; Unions; works Division on Child Care Centre; Media Consulta;NSO; FHRD; Contracts Dept; Broadcasting Authority; MFSA: Family Lawyers on Civil Code amendment; others regarding the Complaints received

• Telephone contacts with public : 15,154

• Complaints: dealing with 52

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NCPE work in EU Context• Drafted and revised a number of Memoranda and Instruction

Notes defining Malta’s position

1. Article 13 Principle of Equal Treatment between Women and Men in the Access to and supply of Goods and Services

2. Directive on the Implementation of Principle of Equal Opportunities and Equal Treatment of Men and Women in Maters of Employment and Occupation

3. Amending Council Decision 2001/51/EC and Decision no. 848/2004/EC establishing Community Action Programme

4. Review of the Implementation by the Member States and the EU institutions of the Beijing Plat form for Action

Page 71: ESRC Funded Seminar Series Public Policy, Equality and Diversity in the Context of Devolution

NCPD : taking equality further (2004)

• Complaints of Discrimination : closed 218 cases ( 81 new ones in 2004)

• Reasonable Accommodation Board: 53 requests for exemption

• Special identity card (842 new applications, 6795 with card) to get number of benefits.

• Special apparatus fund ( Lm65,000 and 240 beneficiaries)

• Service for those with challenging behaviour (Canadian expert)

• Foundation for Transport for Independent Living: since 1994, now gave grant of LM12,000 & seconded person to run it full-time, van damaged in 2003 floods

• Collaboration with Foundation for IT Accessibility : assists persons with disability to get computer for free, & courses with MCAST for persons with intellectual disability and hearing impaired

• Other courses for employees at NCPD: Data Protection & Communication with Clients

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NCPD• On Boards: Senate, MCESD, Family Commission, Etc, ESF, Respite Care Services

• Agreements with HSBC and BOV on service provision & employment policies, and to make electronic banking accessible

• Tax rebate of Lm4000 for parents paying for facilitator in independent school

• Access to parish churches: some agreements reached

• Recommendations to other Depts: vetting applications with MEPA (436 new ones), exemption on customs duty MoF, ( 130 new) exemption of road licences Testing and & Licensing directorate (98 new) , Blue Sticker C of Police (472 new ) , work permits for personal assistants Dept of Citizenship, reserved parking Transport Authority (91)

• Relay Service for Textelephone (for hearing impaired)

• Websave Service and SMS/Voicemail-Maltascom provides financial assistance (through FITA)

• Work with other organisations (p.27)

Page 73: ESRC Funded Seminar Series Public Policy, Equality and Diversity in the Context of Devolution

NCPD: International Activities• Participation In EU High Level Group on Disability

• European Disability Forum- President and retiring and new Directors visited Malta

• United Nations Convention – after once in New York, financial problems /others will attended only meetings in Europe.

• EU Community Action Programme to Combat Discrimination: two applications. 1) 100, 000 euros with Jesuits to run Awareness campaign ‘Diversity Strengthens’, 2) Self- advocacy seminars for persons with intellectual disability & Persons with a Disability Parliament

• National Disability Information Day (40,000 euro)

• EU Conferences and meetings: 6 (most attended by participant with disability)

• Support to others to benefit from EU funds: 1)Leonardo- funds for assistant to accompany applicant;2) five workers of SAPPORT agency sent study visit to Sweden; 3) ETC official to EDF meeting Greece on Employment and Quota system

Page 74: ESRC Funded Seminar Series Public Policy, Equality and Diversity in the Context of Devolution

Employment and Training Corporation: Gender Equality Action

Plan 2003-2004• Recruitment of Senior Executive (Gender Issues)

• Gender Impact Assessment Guidelines

• Gender Monitoring –labour market

• Target Setting

• Cooperation-national machinery & NGOs

Page 75: ESRC Funded Seminar Series Public Policy, Equality and Diversity in the Context of Devolution

Promoting Equal Access to Employment

• Support for Guidance Teachers

• Guidance and Counselling for Women Returners

• Women’s Empowerment Programme

• Promoting Vocational Option for Young Women

• Conducting a Gender Audit-for HR managers

• Childcare Campaign

• Telework- to conduct a study

Page 76: ESRC Funded Seminar Series Public Policy, Equality and Diversity in the Context of Devolution

Facilitating Retention of Employment

• Childminding Service

• Work-life balance

• Temping Opportunities

• Managing Parental Leave- provide cover

• Gender Issues for Trade Unions

• Media Spots and information campaign

• Atypical Work- proposed study

• Women in Science and Technology

Page 77: ESRC Funded Seminar Series Public Policy, Equality and Diversity in the Context of Devolution

Enabling Progression at Work• Mentor Training Programme (FHRD)

• Pay Equity at Work- to train HR managers

• Job Evaluation Tool

• Career Development Skills for Women

• Equal Opportunities Award

• Longitudinal Studies

• Sectoral Studies

• Qualitative Studies (Breaking through the Glass Ceiling)

Page 78: ESRC Funded Seminar Series Public Policy, Equality and Diversity in the Context of Devolution

ETC and Special Needs

• The Supported Employment Section: counselling, placement & referrals for adequate training

• Bridging the Gap Scheme: trainee given period of work exposure, no need to sign up for unemployment benefit, weekly allowance of Lm35 instead of SS benefit, employer does not pay NI, wages, sick leave.

Page 79: ESRC Funded Seminar Series Public Policy, Equality and Diversity in the Context of Devolution

DiscussantsLiz Sutherland, Equality Challenge Unit

&Linda McKie, Glasgow Caledonian University

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Close

Sheila RiddellUniversity of Edinburgh