In November last year, the independent regulator of equality law, the Equality and Human Rights Commission (EHRC), found that the Welsh Government had failed to comply with equality law on multiple occasions. It found that the Welsh Government did not conduct and publish equality impact assessments for many of its policies, did not have regard to its equality duties when deciding to stop funding free school meals in the holidays, and published its annual equality report 16 days late. Nor is this new – the EHRC’s concerns date back several years.
EHRC has now entered a legally binding agreement with Welsh Government, which requires it to review and improve guidance, provide training, improve governance and quality of impact assessments, and drive cultural reform and improve knowledge of equality law. The Welsh Government has two years to implement these changes.
This really matters
Equality law exists to promote equality and protect people from harm. It relies on various processes to do so, some of which might seem tedious and tick-boxy. While the Welsh Government’s breaches were in relation to processes rather than outcomes, and so were arguably not as egregious as Pontin’s deliberate cancellation of holidays booked by Gypsy and Travellers or McDonald’s failure to protect workers from sexual harassment, by not following legally-required processes, the Welsh Government risked taking decisions that were discriminatory. Without an Equality Impact Assessment, how could they know?
The failure to comply with its own and UK laws is also harmful more broadly. The Welsh Government shouts loudly about its commitment to equality. In its latest equality report, it said:
We take our duties and commitments relating to equalities and human rights very seriously. … Equality of opportunity has always been a key feature of the devolution settlement. … We believe every person should be treated fairly and are working towards a more equal Wales. We recognise the important relationship between equality and human rights when developing policy and making decisions.
If political ambitions are not translated into meaningful action then they are frankly no more than hot air.
At the same time as ignoring its equality duties itself, the Welsh Government demands compliance by others. Most Welsh Government grants include clauses about compliance with equality and other law, and I suspect contracts do as well. A case of do as I say not as I do, perhaps.
Most astonishing of all, the Welsh Government seems quite blase about its breaches – I have been unable to find any written or oral statements in response to EHRC’s findings. There don’t seem to be any questions in Plenary for Welsh Government to answer. There has even been very little media coverage – only Nation.Cymru plus some specialist press covered the EHRC press release. Yes, the agreement has been signed by an official – the head of the civil service – and yes, the EHRC is a GB body – but surely there should be some Ministerial accountability?
The disregard of the law by a government department is not something to shrug off. That the laws that have been ignored relate to one of the government’s key priorities is even worse. The best we can hope is that over the next two years the Welsh Government does what it has signed up to, and not only ticks all the boxes but actually helps to eliminate the many areas of inequality which flourish in Wales today.
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