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Section of the Northern Ireland Act the Act requires public

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									Draft Equality scheme for the Department of
Health, Social Services and Public Safety


For consultation in accordance with Schedule 9 (5) of
the Northern Ireland Act




0
    Equality scheme for the Department of Health,
          Social Services and Public Safety


    Drawn up in accordance with Section 75 and Schedule 9 of
                  the Northern Ireland Act 1998



This document is available in a range of formats on request.
Please contact us with your requirements on 028 9052 0539 or
by emailing equality@dhsspsni.gov.uk




    Department of Health, Social Services and Public Safety
    Castle Buildings
    Stormont
    BELFAST
    BT4 3SJ




Approved by the Equality Commission for Northern Ireland on [insert date]1.




1This date will be inserted after the Department makes its formal submission
of the Equality Scheme and the Equality Commission completes its review.


                                                                               1
Foreword

Section 75 of the Northern Ireland Act 1998 (the Act) requires
public authorities, in carrying out their functions relating to
Northern Ireland, to have due regard to the need to promote
equality of opportunity and regard to the desirability of promoting
good relations across a range of categories outlined in the Act2.

This equality scheme sets out how the Department of Health,
Social Services and Public Safety (the Department) proposes to
fulfil the Section 75 statutory duties (the Duties).

The Department will commit the necessary resources in terms of
people, time and money to ensure that the Duties are complied
with and that this equality scheme is implemented effectively, and
on time.

The Department will put in place effective internal arrangements to
ensure the effective compliance with the Duties and for monitoring
and reviewing progress.

The Department will develop and deliver a programme of
communication and training with the aim of ensuring that all staff
and board members are made fully aware of this equality scheme
and understand the commitments and obligations within it. The
Department will ensure that consultees are aware of the
commitments given in this equality scheme.

The Department acknowledges the important role that
stakeholders have to play in ensuring that the Duties are
effectively implemented. This equality scheme sets out how the
Department will provide opportunities, for stakeholders to
positively influence how the Department carries out its functions in
line with the Duties. It also offers the means for persons directly
affected to make a complaint about what they consider to be a
failure, on the part of the Department, to comply with this equality
scheme.




2   See section 1.1 of this Equality Scheme.


                                                                      2
Statement of Commitment by Minister and Permanent
Secretary

We, the Minister and Permanent Secretary of the Department of
Health, Social Services and Public Safety, are fully committed to
effectively fulfilling the Duties across all our functions (including
service provision, employment and procurement) through the
effective implementation of this equality scheme.


On behalf of the Department of Health, Social Services and Public
Safety and our staff we are pleased to support and endorse this
equality scheme which has been drawn up in accordance with
Section 75 and Schedule 9 of the Northern Ireland Act 1998 and
Equality Commission guidelines.




Michael McGimpsey MLA                            Andrew McCormick (Dr)


Date3




3   To be signed and dated on formal submission to the Equality Commission


                                                                             3
Contents
Please note: Foreword and Appendices 3 and 4 form part of this
equality scheme.

                                                                       Page
Foreword     Foreword and Statement of Commitment by                    2
             Minister and Permanent Secretary

Chapter 1    Introduction                                               7

                  Section 75 of the Northern Ireland Act 1998           7
                  How it is proposed to fulfil the Duties in            7
                  relation to the relevant functions of the
                  Department
                  The Department’s Mission Statement                     8
                  The Department’s Functions                             8
                  The Department’s Structure                            10
                  The Department’s Arms Length Bodies                   11
                  Policy Linkages                                       13

Chapter 2    The arrangements for assessing compliance with             14
             the Section 75 Duties

                  Responsibilities and reporting                        14
                  Linkage to Health Inequalities                        16
                  Policies Developed by other NI departments            16
                  Liaison                                               17
                  EU/UK Policies                                        17
                  Equality Action plan/action measures                  17

Chapter 3    The arrangements for consulting                            20


Chapter 4    The arrangements for assessing, monitoring and             25
             publishing the impact of policies

                  The arrangements for assessing the likely             25
                  impact adopted or proposed to be adopted
                  on the promotion of equality of opportunity of
                  policies
                  Screening                                             26
                  Equality impact assessment                            29


                                                                   4
                   The arrangements for publishing the results       29
                   of the assessments of the likely impact of
                   policies the Department has adopted or
                   proposes to adopt on the promotion of
                   equality of opportunity
                   What will be publish                              29
                   How the information will be published             31
                   Where the information will be published           31
                   The arrangements for monitoring any               31
                   adverse impact of policies the Department
                   has adopted on equality of opportunity
                   The arrangements for publishing the results       32
                   of monitoring

Chapter 5    Staff training                                          33

                   Commitment to staff training                      33
                   Training objectives                               33
                   Awareness raising and training                    34
                   arrangements
                   Monitoring and evaluation                         35

Chapter 6    the arrangements for ensuring and assessing             37
             public access to information and services the
             Department provides

                   Access to information                             37
                   Access to services                                38
                   Assessing public access to information and        38
                   services

Chapter 7    Timetable for measures proposed in this equality        39
             scheme

Chapter 8    The arrangements for dealing with complaints            40
             arising from a failure to comply with the scheme

Chapter 9    Publication of the Department’s equality scheme         42

Chapter 10   Review of the Department’s equality scheme              44

Appendix 1   Organisational chart                                    45



                                                                 5
Appendix 2   Example groups relevant to the Section 75       70
             categories for Northern Ireland purposes

Appendix 3   List of consultees                              72

Appendix 4   Timetable for measures proposed                 81

Appendix 5   Glossary of terms                               84




                                                         6
Chapter 1              Introduction
Section 75 of the Northern Ireland Act 1998

1.1 Section 75 of the Northern Ireland Act 1998 (the Act) requires
the Department to comply with two statutory duties:

Section 75 (1)
In carrying out the functions as they relate to Northern Ireland
there is a requirement to have due regard to the need to promote
equality of opportunity between
    persons of different religious belief, political opinion, racial
      group, age, marital status or sexual orientation;
    men and women generally;
    persons with a disability and persons without; and
    persons with dependants and persons without.


Section 75 (2)
In addition, without prejudice to the obligations above, in carrying
out the functions as they relation to Northern Ireland the
Department is required to have regard to the desirability of
promoting good relations between persons of different religious
belief, political opinion or racial group.

“Functions” include the “powers and duties” of a public authority4.
This includes the Department’s employment and procurement
functions. Please see below under “The Department’s Mission
Statement” and “The Department’s Functions” for information on
the Department’s goal and what it does.

How it is proposed to fulfil the Section 75 duties in relation to
the relevant functions of the Department

1.2 Schedule 9 4. (1) of the Act requires the Department as a
designated public authority to set out in an equality scheme how it
proposes to fulfil the duties imposed by Section 75 in relation to its
relevant functions. This equality scheme is intended to fulfil that
statutory requirement. It is both a statement of the arrangements
for fulfilling the Section 75 statutory duties and the plan for their
implementation.


4   Section 98 (1) of the Northern Ireland Act 1998.


                                                                        7
1.3 The Department in carrying out the functions as they relate to
Northern Ireland is committed to the discharge of its Section 75
obligations and will commit the necessary available resources in
terms of people, time and money to ensure that the Section 75
statutory duties are complied with and that this equality scheme
can be implemented effectively.

1.4 The Section 75 statutory duties specifically relate to how
public authorities carry out their functions in relation to Northern
Ireland. Paragraphs 1.6 – 1.8 set out the functions of
Department. Also described are the roles of the Department’s
Arms Length Bodies (ALBs) i.e. the other Health & Social Care &
Public Safety organisations. It is important to note that each of
these organisations is a separate public authority and will,
therefore, have an equality scheme relating to its own specific
functions.

The Department’s Mission Statement

1.5 It is the Department’s mission to improve the health and
social well-being of the people of Northern Ireland. It endeavours
to do so by:

      • leading a major programme of cross-government action to
      improve the health and wellbeing of the population and
      reduce health inequalities. This includes interventions
      involving health promotion and education to encourage
      people to adopt activities, behaviours and attitudes which
      lead to better health and well-being. The aim is a population
      which is much more engaged in ensuring its own health and
      well-being; and

      • ensuring the provision of appropriate health and social care
      services, both in clinical settings such as hospitals and GPs’
      surgeries, and in the community through nursing, social work
      and other professional services.

The Department’s Functions

1.6 On 1 April 2009, two years after the 19 providers of health and
social care (HSC) were reconstituted to form six HSC Trusts, four
wholly new HSC organisations were brought into being by the



                                                                       8
Health & Social Care (Reform) Act (NI) 2009:

      • The Health and Social Care Board (HSCB), with
      responsibility for commissioning, resource management and
      performance management and improvement;

      • The Public Health Agency (PHA), with responsibility for
      improving the health and wellbeing of everyone in Northern
      Ireland;

      • The Business Services Organisation (BSO), with
      responsibility for providing a broad range of regional
      business support functions and specialist professional
      services to the whole of the Health & Social Care sector; and

      • The Patient and Client Council (PCC), with responsibility
      for providing a strong voice for patients, clients and carers.

1.7 As a consequence of these organisational reforms, the
Department has more clearly defined functions and
responsibilities. Henceforth, and in addition to its role in support of
the Minister, the Assembly and the Executive, its main functions
will comprise:

      • determining and reviewing policy;

      • setting standards, priorities and targets for health and
      social care;

      • overseeing the safety and quality of the services provided;

      • HSC workforce planning, education and training;

      • the HSC capital investment programme;

      • financial planning and control;

      • regional performance management issues; and

      • governance issues and assurance from the 17 ALBs.

1.8 Under the provisions of section 2(i) of the Health & Social
Care (Reform) Act, the Department also has a general duty to


                                                                       9
promote an integrated system of:

       (a) health care designed to secure improvement in the:

            • physical and mental health of people; and

            • prevention, diagnosis and treatment of illness; and

       (b) social care designed to secure improvement in the social
       well-being of people.

That duty is fulfilled both by direct Departmental action and
through the operations of the Department’s ALBs.

The Department’s Structure

1.9 A copy of Department’s current organisational chart is provided
in appendix 1 along with more detailed information on the
functions of each Directorate. The following is a brief overview.

      Social Policy Group
       Mental Health and Disability Policy Directorate; Corporate
       Services Directorate; and, Information and Analysis
       Directorate.

      Health Estates Investment Group
       Estates Directorate; and, Investment Directorate.

      Chief Medical Officer Group
       Public Health Directorate; Safety, Quality and Standards
       Directorate; and, Population Health Directorate.

      Healthcare Policy Group
       Pharmaceutical Advice and Services Directorate; Primary
       and Community Care Directorate; Secondary Care
       Directorate; Nursing, Midwifery and Allied Health
       Professionals Directorate; and, Dental Services Directorate.

      Resource Management Group
       Finance Directorate; Internal Audit; and Business Support
       Unit.




                                                                    10
     Others
      The remaining Directorates are not assigned to a particular
      group, these are :- Human Resources Directorate; Strategic
      Management Directorate; and, the Office of Social
      Services.


The Department’s Arms Length Bodies

1.10 Including the four HSC organisations noted in section 1.6, the
Department has 17 arm’s length bodies which, together, make up
the health, social care and public safety system. The function of
each of the remaining 13 is briefly described below:



Name of organisation                         Function

Belfast Health and Social      The overall aim of the HSC Trusts is
Care Trust                     to improve health and social well-
Southern Health and Social     being outcomes, through a reduction
Care Trust                     in preventable disease and ill health,
South Eastern Health and       by providing effective, high quality,
Care Trust                     equitable and efficient health and
Western Health and Social      social care.
Care Trust
Northern Health and Social
Care Trust
N I Ambulance Service Trust

NI Blood Transfusion Agency Responsible for the collection, testing
                            and distribution of blood donations,
                            and for supplying the needs of all NI
                            hospitals and clinical units with safe
                            and effective blood and blood
                            products and other related services.

NI Guardian Ad Litem           Appoints independent officers of the
Agency                         Court, to safeguard the interests of
                               children who are the subject of
                               adoption or care proceedings.




                                                                  11
NI Medical & Dental Training   Funds and manages postgraduate
Agency                         medical and dental education,
                               working to ensure that doctors and
                               dentists are trained to provide
                               patients with the highest standards of
                               care.

NI Fire & Rescue Service       Responsible for promoting fire safety,
                               for fire fighting, rescuing people
                               trapped in road traffic accidents etc,
                               and acting as the enforcement
                               authority for new safety requirements
                               and emergency planning.

NI Social Care Council         Works to increase public protection
                               by improving and regulating
                               standards of training and practice for
                               social care workers.

NI Practice & Education        Supports the development of nurses
Council for Nursing &          and midwives by promoting high
Midwifery                      standards of practice, education and
                               professional development.

Regulation & Quality           The independent body responsible
Improvement Authority          for monitoring and inspecting the
                               availability and quality of health and
                               social care services, and
                               encouraging improvements
                               in the quality of those services.




                                                                   12
Policy Linkages

1.11 The Department acknowledges that there are difficulties in
defining policies. In particular, it is recognised that:

      • some policies cut across different functions and different
      Departments and agencies (e.g. Investing for Health,
      Cohesion Sharing and Integration, Child Poverty Strategy,
      Gender Equality Strategy);

      • a programme or service may serve more than one policy;

      • no policy is discrete: every policy is affected by and affects
      other policies; and

      • there are different levels of policy, for example, European
      Union policies, British Government Manifesto commitments,
      local policies adopted by HSC organisations. Policies
      implemented by this Department may have been developed
      elsewhere.

1.12 Where this Department has lead responsibility for a policy
which requires close co-operation with, or is operationalised by,
other Departments, it will ensure that those other Departments
actively participate in any equality impact assessment which may
be necessary. This would include, in particular, their participation
in any steering group established for the assessment.

1.13 When, as a result of an equality impact assessment, the
Department identifies a significant equality of opportunity issue
arising from a UK or European Union policy, it will advise the
appropriate British Department or the European Commission of its
findings.




                                                                         13
Chapter 2         The arrangements for assessing
                  compliance with the section 75 duties
                  (Schedule 9 4. (2) (a))

2.1 Some of the arrangements for assessing compliance with the
Section 75 statutory duties are outlined in other relevant parts of
this equality scheme, for example consultation; assessment of
impact of policies arrangements; monitoring arrangements;
training; access to information and services; complaints;
publication; and review (see contents pages 4 and 5).

In addition the following arrangements are in place for assessing
compliance:

Responsibilities and reporting

2.2 The Department, in carrying out its functions relating to
Northern Ireland, is committed to the fulfilment of its Section 75
obligations and has determined the following organisational and
accountability arrangements.

2.3 The Permanent Secretary is accountable to the Minister and is
responsible for ensuring that the Department complies with the
Section 75 obligations. This includes the development,
implementation, maintenance and review of the equality scheme in
accordance with Section 75 and Schedule 9 of the Northern
Ireland Act 1998, including, where appropriate, any good practice
or guidance that has been or may be issued by the Equality
Commission. The Minister and Permanent Secretary will review
progress on an annual basis.

2.4 Section 75 obligations as set out in this scheme are
mainstreamed across all of the Department’s directorates.
Departmental Directors will be personally responsible for
implementing the Equality Scheme within their area(s) of
responsibility and for providing assurance to the Departmental
Board that they are complying with the Section 75 obligations as
laid down in the Scheme. When new policies are being introduced
or where existing policies are being revised, the Director is
responsible for ensuring that any papers submitted to the
Departmental Board and the Minister take account of the equality
obligations and, where appropriate, specify the position in relation
to the conduct of any equality impact assessment.

                                                                      14
2.5 The Director of Strategic Management Directorate, who will be
accountable to the Permanent Secretary, will have general
responsibility for implementation of the equality obligations. Details
of the current postholder will be placed on the Department’s
website. In the event of the postholder changing, the Department
will inform the Equality Commission and place the updated details
on the Department’s website.

2.6 The Strategic Management Directorate includes the Equality
and Human Rights Unit which will be the central point of contact
for the Equality Commission, general enquiries and for
complainants. The Unit reports to the Director of Strategic
Management Directorate who will either represent the Department,
or if more appropriate assign a representative of the Department,
in inter-departmental structures to co-ordinate the implementation
of Section 75 obligations.

2.7 The Equality and Human Rights Unit will also provide a
support and advice role within the Department in relation to the
implementation of the Duties in particular with regard to equality
screening and the completion of Equality Impact Assessments.

2.8 Objectives and targets relating to the statutory duties will be
integrated into the Department’s strategic and operational
business plans.

2.9 Where relevant, employees’ job descriptions and performance
plans reflect their contributions to the discharge of the Section 75
statutory duties and implementation of the equality scheme. The
personal performance plans are subject to appraisal in the annual
performance review.

2.10 The Department, when requested by the Equality
Commission, will prepare an annual report on the progress made
on implementing the arrangements set out in this equality scheme
(Section 75 annual progress report).

The Department will make its best endeavours to prepare the
report in accordance with any guidance issued by the Equality
Commission and will strive to send the report to the Equality
Commission by 31 August each year.



                                                                       15
Progress on the delivery of Section 75 statutory duties will also be
included in our (organisational) annual report.

2.11 The latest Section 75 annual progress report is available on
the Department’s website
http://www.dhsspsni.gov.uk/annualreport0910.pdf or by contacting
the Equality and Human Rights Unit as per section 2.27.

2.12 The Department will continue to liaise closely with the
Equality Commission to ensure that progress on the
implementation of the equality scheme is maintained.

Linkage to Health Inequalities

2.13 The Department recognises the importance of addressing
Health Inequalities and the overlap with its Section 75 obligations.
The Department will seek to develop synergies between the
Investing for Health Strategy (or any subsequent replacement
strategy) and the statutory equality obligations. To that end
Strategic Management Directorate will liaise closely with
Healthcare Policy Group.

Policies Developed by other NI Departments

2.14 In some instances policies are not determined by the
Department itself. For example, employment policies and policies
on public procurement are determined by the Department of
Finance and Personnel (DFP). In such circumstances the
Department with functional responsibility for the policy will carry
out the necessary equality screening and if required the equality
impact assessment. The Department will provide such input as
necessary and will participate in any group established to oversee
the process. This arrangement will ensure that any such policies
used by the Department have been screened and where
appropriate equality impact assessed.

2.15 The Department is represented on the OFMDFM chaired
Equality Practitioners Group. This interdepartmental working
group meets several times a year to discuss Section 75 issues
impacting on Northern Ireland Departments.




                                                                       16
Liaison

2.16 The Department will comply fully with its equality duties in
respect of all its functions. As indicated at section 1.9 the
Department carries out its functions and responsibilities in
partnership with 17 ALBs which are required to submit their own
equality schemes. The Department will, therefore, liaise closely
with these partner bodies in meeting all its statutory equality
obligations. Where possible, the Department and relevant ALBs
will carry out screenings / impact assessments of a common policy
or function at the same time.

2.17 The Regional Equality and Human Rights Steering Group
consists of Equality representatives from the Department and its
ALBs. This group meets every six to eight weeks to discuss
Section 75 issues impacting across Health and Social Care and
Public Safety.

EU/UK Policies

2.18 From time to time Departments are consulted on the
development or implementation of a UK or European Union policy.
The time period normally allowed to Departments for these
purposes is usually too short to allow public consultation.
However, the Department will make the sponsoring UK
Department fully aware of its obligations under Section 75,
including the sponsoring Department’s role in relation to the
equality implications arising from EU policy development. In
addition, the Department will use its best endeavours in the time
available to identify any adverse impact on equality of opportunity
or good relations and will advise the sponsoring British
Government Department or the European Commission of its
findings.

Equality Action plan/action measures

2.19 The Department will develop an equality action plan (the
Plan) to promote equality of opportunity and good relations. The
Plan will complement the Equality Scheme but is not part of it.

2.20 The action measures that will make up the Plan relate to the
Department’s functions. The initial Plan has been informed by a


                                                                    17
three month audit of inequalities which gathered and analysed
information across the Section 75 categories5 to identify the
inequalities that exist for service users and those affected by the
Department’s policies6. The Plan, however, is a dynamic
document and will be subject to change in light of further audit and
research findings over the life of this Equality Scheme.

2.21 Where possible, the action measures will be specific,
measurable, linked to achievable outcomes, realistic and time
bound. Action measures include performance indicators and
timescales for their achievement.

2.22 The plan will as far as is practical seek to align with the
Department’s corporate and business planning cycles.
Implementation of the action measures will be incorporated into
our business planning process.

2.23 The Department consulted with stakeholders on the initial
action plan before it was send to the Equality Commission.

2.24 The Department will monitor progress on the delivery of the
Plan annually and update it as necessary to ensure that it remains
effective and relevant.

2.25 The Department will inform the Commission of any changes
or amendments to the Plan and will also include this information in
the Section 75 annual progress report to the Commission. The
Department’s Section 75 annual progress report will incorporate
information on progress made in implementing the Department’s
action plans/action measures.

2.26 The Plan will be available on the Department’s website:

http://www.dhsspsni.gov.uk/

If you require it in an alternative format please contact us as per
section 2.27.




5   See section 1.1 of this equality scheme for a list of these categories.
6   See section 4.1 of this equality scheme for a definition of policies.


                                                                              18
2.27 If you have any questions or comments regarding this
equality scheme, please contact in the first instance The Equality
and Human Rights Unit at the address below:

     Equality and Human Rights Unit
     Department of Health, Social Services and Public Safety
     Room 6
     Annex 1
     Castle Buildings
     Stormont
     BELFAST
     BT4 3SJ

     FAX:              028 9052 2900
     Telephone:        028 9052 0539
     Textphone:        028 9052 7668
     E-mail:           equality@dhsspsni.gov.uk




                                                                     19
Chapter 3        The arrangements for consulting
                 (Schedule 9 4. (2) (a)) - on matters to which a
                 duty (S75 (1) or (2)) is likely to be relevant
                 (including details of the persons to be consulted).

                 (Schedule 9 4. (2) (b)) on the likely impact of
                 policies adopted or proposed to be adopted by
                 us on the promotion of equality of opportunity.

3.1 The Department recognises the importance of consultation in
all aspects of the implementation of the statutory equality duties
and will, therefore, consult on the equality scheme, the Plan,
equality impact assessments and other matters relevant to the
Section 75 statutory duties.

3.2 The Department will carry out consultations in accordance with
the following principles (as contained in the Equality Commission’s
guidance ‘Section 75 of the Northern Ireland Act 1998 – A Guide
for Public Authorities (April 2010)’):

3.2.1 Where possible and as appropriate, consultations will, seek
the views of those directly affected by the matter/policy, the
Equality Commission, representative groups of Section 75
categories, other public authorities, voluntary and community
groups, the Department’s staff and their trades unions and such
other groups who have a legitimate interest in the matter.

3.2.2 To ensure the most effective use of the Department and
consultees’ resources, a targeted approach will be taken to
consultation for those consultees that may have a particular
interest in the matter/policy being consulted upon and to whom the
matter/policy is of particular relevance. This may include, for
example, regional or local consultations, sectoral or thematic
consultation etc. The Department may employ other methods of
consultation more appropriate to key stakeholders and the matter
being consulted upon.

3.2.3 Consultation with all stakeholders will begin as early as
possible. Where possible the Department will engage with
affected individuals and representative groups to identify how best
to consult or engage with them. The Department will ask
consultees what their preferred consultation methods are and will
give consideration to these.

                                                                     20
3.2.4 The Department will consider the accessibility and format of
every method of consultation used in order to remove barriers to
the consultation process. Specific consideration will be given as to
how best to communicate with children and young people, people
with disabilities (in particular people with learning disabilities) and
minority ethnic communities. Where appropriate the Department
will take account of existing and developing good practice,
including the Equality Commission’s guidance Let’s Talk Let’s
Listen – Guidance for public authorities on consulting and involving
children and young people (2008).


3.2.5 Information will be made available, on request, in alternative
formats7, in a timely manner, usually within 20 working days. The
Department will ensure that such consultees have sufficient time to
respond.

3.2.6 To ensure effective consultation with consultees on Section
75 matters, the Department will make consultees aware of the
commitments in this equality scheme by undertaking the following:

      • issue of a Press Release when the Equality Scheme is
      approved by the Equality Commission;

      • circulation of a link to the final Equality Scheme to all
      consultees within the one month of approval by the Equality
      Commission by email or post;

      • circulation of a link to the Equality Action Plan to all
      consultees within the one month of completion by email or
      post; and


3.2.7 Specific training is available to those facilitating consultations
to ensure that they have the necessary skills to communicate
effectively with consultees. See section 5.5.

3.2.8 The consultation period normally lasts for a minimum of
twelve weeks to allow adequate time for groups to consult

7 See Chapter 6 of this equality scheme for further information on alternative
formats of information provided.


                                                                                 21
amongst themselves as part of the process of forming a view.
However, in exceptional circumstances when this timescale is not
feasible (for example, time bounded budget considerations,
implementing EU Directives or UK wide legislation, meeting
Health and Safety requirements, addressing urgent public health
matters or complying with Court judgements), the Department may
shorten timescales to eight weeks or less before the policy is
implemented. The Department may continue consultation
thereafter and will review the policy as part of the Department’s
monitoring commitments8.

Where, under these exceptional circumstances, the Department
must implement a policy immediately, as it is beyond the
Department’s authority’s control, the Department may consult after
implementation of the policy, in order to ensure that any impacts of
the policy are considered.

3.2.9 If a consultation exercise is to take place over a period when
consultees are less able to respond, for example, over the summer
or Christmas break, or if the policy under consideration is
particularly complex, the Department will give consideration to the
feasibility of allowing a longer period for the consultation.

3.2.10 The Department is conscious of the fact that affected
individuals and representative groups may have different needs.
We will take appropriate measures to ensure full participation in
any meetings that are held. The Department will consider, for
example, the time of day, the appropriateness of the venue, in
particular whether it can be accessed by those with disabilities,
how the meeting is to be conducted, the use of appropriate
language, whether a signer and/or interpreter is necessary, and
whether the provision of childcare and support for other carers is
required.

3.2.11 The Department will make all relevant information available
to consultees in appropriate formats to ensure meaningful
consultation. This includes detailed information on the policy
proposal being consulted upon and any relevant quantitative and
qualitative data.



8   Please see below at 4.27 to 4.31 for details on monitoring.


                                                                     22
3.2.12 In making any decision with respect to a policy adopted or
proposed to be adopted, the Department will take into account any
assessment and consultation carried out in relation to the policy.

3.2.13 The Department will provide feedback to consultees in a
timely manner. A feedback report is prepared which includes
summary information on the policy consulted upon, a summary of
consultees’ comments and a summary of the Department’s
consideration of and response to consultees’ input. The feedback
is provided in formats suitable to consultees. (Please see also 6.3)

3.3 A list of the Department’s consultees is included in this equality
scheme at Appendix 3. It can also be obtained from the
Department’s website at

http://www.dhsspsni.gov.uk/9

or by contacting

         Equality and Human Rights Unit
         Department of Health, Social Services and Public Safety
         Room 6
         Annex 1
         Castle Buildings
         Stormont
         BELFAST
         BT4 3SJ

         FAX:                028 9052 2900
         Telephone:          028 9052 0539
         Textphone:          028 9052 7668
         E-mail:             equality@dhsspsni.gov.uk

3.4 The consultation list is not exhaustive and will be reviewed on
an annual basis to ensure it remains relevant to the Department’s
functions and policies.

The Department welcomes enquiries from any person/s or
organisation/s wishing to be added to the list of consultees. Please
contact the Equality and Human Rights Unit as above to provide
your contact details and have your areas of interest noted or have

9   To be updated and placed on the website once this consultation is closed.


                                                                                23
your name/details removed or amended. Please also advise at this
stage if you would prefer information sent to you in a particular
format or language.




                                                                24
Chapter 4         The arrangements for assessing,
                  monitoring and publishing the impact of
                  policies
                  (Schedule 9 4. (2) (b); Schedule 9 4. (2) (c);
                  Schedule 9 4. (2) (d); Schedule 9 9. (1);
                  Schedule 9 9.(2))

The arrangements for assessing the likely impact of policies
adopted or proposed to be adopted on the promotion of
equality of opportunity (Schedule 9 4. (2) (b))

4.1 In the context of Section 75, ‘policy’ is very broadly defined and
it covers all the ways in which the Department carries out or
propose to carry out its functions in relation to Northern Ireland. In
respect of this equality scheme, the term policy is used for any
(proposed/amended/existing) strategy, policy initiative or practice
and/or decision, whether written or unwritten and irrespective of
the label given to it, eg, ‘draft’, ‘pilot’, ‘high level’ or ‘sectoral’.

4.2 In making any decision with respect to a policy adopted or
proposed to be adopted, the Department will take into account any
assessment and consultation carried out in relation to the policy,
as required by Schedule 9 9. (2) of the Northern Ireland Act 1998.

4.3 The Department uses the tools of screening and equality
impact assessment to assess the likely impact of a policy on the
promotion of equality of opportunity and good relations. In
carrying out these assessments the Department will relate them to
the intended outcomes of the policy in question and will also follow
Equality Commission guidance:

    the guidance on screening, including the screening template,
     as detailed in the Commission’s guidance ‘Section 75 of the
     Northern Ireland Act 1998 – A Guide for Public Authorities
     (April 2010)’ and
    on undertaking an equality impact assessment as detailed in
     the Commission’s guidance ‘Practical guidance on equality
     impact assessment (February 2005)’.




                                                                      25
      Screening

4.4 The purpose of screening is to identify those policies that are
likely to have an adverse impact on equality of opportunity and/or
good relations.

4.5 Screening is completed at the earliest opportunity in the policy
development/review process. Policies which the Department
proposes to adopt will normally be subject to screening prior to
implementation. For more detailed strategies or policies that are
to be put in place through a series of stages, the Department will
screen at appropriate stages during implementation.

4.6 The lead role in the screening of a policy is taken by the policy
decision maker who has the authority to make changes to that
policy. However, screening will also involve other relevant team
members, for example, equality specialists, those who implement
the policy and staff members from other relevant work areas.
Where possible the Department will include key stakeholders in
the screening process.

4.7 The following questions are applied to all the Department’s
policies as part of the screening process:

    What is the likely impact on equality of opportunity for those
     affected by this policy, for each of the Section 75 equality
     categories? (minor/major/none)

    Are there opportunities to better promote equality of
     opportunity for people within the Section 75 equality
     categories?

    To what extent is the policy likely to impact on good relations
     between people of a different religious belief, political opinion
     or racial group? (minor/major/none)

    Are there opportunities to better promote good relations
     between people of a different religious belief, political opinion
     or racial group?

4.8 In order to answer the screening questions, the Department
will gather relevant information and data, both qualitative and
quantitative. In taking this evidence into account the Department

                                                                      26
will consider the different needs, experiences and priorities for
each of the Section 75 equality categories. Any screening
decision will be informed by evidence.

4.9 Completion of screening, taking into account the Department’s
consideration of the answers to all four screening questions set out
in 4.7 above, will lead to one of the following three outcomes:

     1. the policy has been ‘screened in’ for equality impact
        assessment; or

     2. the policy has been ‘screened out’ with mitigation10 or an
        alternative policy proposed to be adopted; or

     3. the policy has been ‘screened out’ without mitigation or an
        alternative policy proposed to be adopted.

4.10 If the screening concludes that the likely impact of a policy is
‘minor’ in respect of one, or more, of the equality of opportunity
and/or good relations categories, the Department may on occasion
decide to proceed with an equality impact assessment, depending
on the policy. If an EQIA is not to be conducted the Department
will nonetheless consider measures that might mitigate the policy
impact as well as alternative policies that might better achieve the
promotion of equality of opportunity and/or good relations.

Where mitigation occurs the Department will outline in the
screening template the reasons to support this decision together
with the proposed changes, amendments or alternative policy.

This screening decision will be ‘signed off’ by the appropriate
policy lead within the Department.

4.11 If the screening concludes that the likely impact of a policy is
‘major’ in respect of one, or more, of the equality of opportunity
and/or good relations categories, the Department will normally
subject the policy to an equality impact assessment. This
screening decision will be ‘signed off’ by the appropriate policy
lead within the Department.

10Mitigation – Where an assessment (screening in this case) reveals that a particular policy has an
adverse impact on equality of opportunity and / or good relations, a public authority must consider
ways of delivering the policy outcomes which have a less adverse effect on the relevant Section 75
categories.


                                                                                                      27
4.12 If the screening concludes that the likely impact of a policy is
‘none’, in respect of all of the equality of opportunity and/or good
relations categories, the Department may decide to screen the
policy out. If a policy is ‘screened out’ as having no relevance to
equality of opportunity or good relations, the Department will give
details of the reasons for the decision taken. This screening
decision will be ‘signed off’ by the appropriate policy lead within
the Department.

4.13 As soon as possible following the completion of the
screening process, the screening template, signed off and
approved by the senior manager responsible for the policy, will be
made available on the Department’s website:

http://www.dhsspsni.gov.uk/index/hss/equality/eq-screening-
eqia.htm

and on request:-

      Equality and Human Rights Unit
      Department of Health, Social Services and Public Safety
      Room 6
      Annex 1
      Castle Buildings
      Stormont
      BELFAST
      BT4 3SJ

      FAX:              028 9052 2900
      Telephone:        028 9052 0539
      Textphone:        028 9052 7668
      E-mail:           equality@dhsspsni.gov.uk

4.14 If a consultee, including the Equality Commission, raises a
concern about a screening decision based on supporting
evidence, the Department will review the screening decision.

4.15 The screening reports will be published quarterly [see 4.20 -
4.22 and 4.23 for details].




                                                                     28
     Equality impact assessment

4.16 An equality impact assessment (EQIA) is a thorough and
systematic analysis of a policy, whether that policy is formal or
informal, and irrespective of the scope of that policy. The primary
function of an EQIA is to determine the extent of any impact of a
policy upon the Section 75 categories and to determine if the
impact is an adverse one. It is also an opportunity to demonstrate
the likely positive outcomes of a policy and to seek ways to more
effectively promote equality of opportunity and good relations.

4.17 Once a policy is screened and screening has identified that
an equality impact assessment is necessary, the Department will
carry out the EQIA in accordance with Equality Commission
guidance. The equality impact assessment will be carried out as
part of the policy development process, before the policy is
implemented.

4.18 Any equality impact assessment will be subject to
consultation at the appropriate stage(s). (For details see above
Chapter 3 “The Arrangements for Consulting”).

The arrangements for publishing the results of the
assessments of the likely impact of policies the Department
has adopted or proposes to adopt on the promotion of
equality of opportunity
(Schedule 9 4. (2) (d); Schedule 9 9. (1))

4.19 The Department will make publicly available the results of
assessments (screening and EQIA) of the likely impact of the
Department’s policies on the promotion of equality of opportunity
and good relations.

     What will be published

4.20 Screening reports

These will be published quarterly. Screening reports will detail:
   All policies screened by the Department over the three
     month period;




                                                                    29
   A statement of the aim(s) of the policy/policies to which the
    assessment relates;

   The Screening decisions, i.e:
      whether the policy has been ‘screened in’ for equality
        impact assessment;
      whether the policy has been ‘screened out’ with
        mitigation or an alternative policy proposed to be
        adopted; or
      whether the policy has been ‘screened out’ without
        mitigation or an alternative policy proposed to be
        adopted.

   Where applicable, a timetable for conducting equality impact
    assessments; and

   A link to the completed screening template(s) on the
    Department’s website.

4.21 Screening templates

For details on the availability of the Department’s screening
templates please refer to 4.13.

4.22 Equality impact assessments

EQIA reports are published once the impact assessment has been
completed. These reports include:

   A statement of the aim of the policy assessed;

   Information and data collected;

   Details of the assessment of impact(s);

   Consideration given to measures which might mitigate any
    adverse impact;

   Consideration given to alternative policies which might better
    achieve the promotion of equality of opportunity;

   Consultation responses;


                                                                    30
    The decision taken; and

    Future monitoring plans.

      How the information will be published

4.23 All information the Department publishes is accessible and
will be made available in alternative formats on request. Please
see 6.3 below.

      Where the information will be published

4.24 The results of the Department’s assessments (screening
reports and completed templates, the results of equality impact
assessments) are available on the Department’s website and on
request see 4.13.

4.25 In addition to the above, screening reports (electronic link or
hard copy on request if more suitable for recipients) which include
all policies screened over a 3 month period will be sent directly to
all consultees on a quarterly basis.

4.26 Where the Department considers it appropriate the
Department will inform the general public about the availability of
this material through communications such as press releases.

The arrangements for monitoring any adverse impact of
policies the Department has adopted on equality of
opportunity
(Schedule 9 4. (2) (c))

4.27 The Department recognises that monitoring can assist with
the delivery of better public services and continuous improvement.
Monitoring Section 75 information (e.g. race/ethnic origin, sexual
orientation, political opinion, religious belief, etc) involves the
processing of sensitive personal data. In order to carry out
monitoring in a confidential and effective manner, the Department
follows guidance from the Office of the Information Commissioner
and the Equality Commission.

4.28 Where appropriate the Department will monitor any potential
adverse impact of policies adopted on the promotion of equality of
opportunity. Where possible the Department will seek to monitor

                                                                       31
more broadly to identify opportunities to better promote equality of
opportunity and good relations in line with Equality Commission
guidance.

4.29 The Department has established systems to monitor the
impact of policies and identify opportunities to better promote
equality of opportunity and good relations including, where
available, the collection, collation and analysis of existing relevant
quantitative and qualitative data across all nine equality
categories.

4.30 The Department will complete an audit of existing information
systems within one year of approval of this equality scheme, to
identify the extent of current monitoring and facilitate consideration
of possible actions to address any significant gaps. Importantly
the audit will also take into account other factors such as resource
implications, readiness of the public to supply the information, and
availability of proxy measures.

4.31 If, over a two year period, monitoring and evaluation indicates
that a policy results in greater adverse impact than expected, or if
opportunities arise which would allow for greater equality of
opportunity to be promoted, the Department will ensure that the
policy is revisited to determine if better outcomes can be achieved.

4.32 The Department will review EQIA monitoring information on
an annual basis.

The arrangements for publishing the results of monitoring
(Schedule 9 4. (2) (d))

4.33 Schedule 9 4. (2) (d) requires the Department to publish the
results of the monitoring of adverse impacts of policies adopted.
However, as indicated in 4.28, the Department will seek to monitor
more broadly. The results of the monitoring will be published as
part of the Department’s Section 75 annual progress report - see
2.10. Consultees will be informed by e-mail or mail of the Annual
Report publication and hard copies can be provided on request.

4.34 All information published will be accessible and can be made
available in alternative formats on request. Please see below at
6.3 for details.



                                                                         32
Chapter 5          Staff training
                   (Schedule 9 4.(2) (e))



      Commitment to staff training

5.1 The Department recognises that awareness raising and
training play a crucial role in the effective implementation of the
Section 75 duties.

5.2 The Department’s Permanent Secretary wishes to positively
communicate the commitment of the Department to the Section 75
statutory duties, both internally and externally.

To this end the Department has an effective communication and
training programme for all staff and will ensure that the
Department’s commitment to the Section 75 statutory duties is
made clear in all relevant publications.

      Training objectives

5.3 The Department will draw up a training plan for its staff based
on business objectives and personal training requirements agreed
with line managers. When this equality scheme is approved by the
Equality Commission, the Department will take measures to raise
the general awareness of staff and board members about:

 current anti-discrimination legislation (including Section 75 and
  Schedule 9);

 the commitments within this equality scheme; and

 the important role staff have in implementing the scheme.

In addition, specific training will be available to equip staff with the
necessary skills and knowledge to carry out key tasks effectively
including:

 the assessment of policies (screening and EQIA);




                                                                           33
 dealing with complaints in relation to compliance with this
  equality scheme;

 the consultation processes; and

 the implementation and monitoring of the effective
  implementation of the Department’s equality scheme.

      Awareness raising and training arrangements

5.4 The following arrangements will be put in place to ensure all
the Department’s staff and board members are aware of the
equality obligations:

 The Department will develop a summary of this equality
  scheme and make it available to all staff;

 Access to copies of the full equality scheme will be available to
  all staff and procedures put in place to ensure that any queries
  or questions of clarification from staff are addressed effectively;

 Staff in the Department will receive a briefing on this equality
  scheme as soon as possible after approval of scheme;

 The Section 75 statutory duties form part of induction training
  for new staff;

 Where appropriate, further training and/or material will be
  provided to ensure that staff are aware of the issues
  experienced by the range of Section 75 groups; and

 When appropriate and on an ongoing basis, arrangements will
  be made to ensure staff are kept up to date with Section 75
  developments.

5.5 Generic equality training for the Northern Ireland Civil Service
(NICS) is provided by the Centre for Applied Learning (CAL),
Enterprise Shared Services. The Department’s Equality and
Human Rights branch has liaised with CAL to assist in quality
assuring the equality training courses. This has helped to ensure
that the content is current and appropriate.



                                                                       34
Focused training is provided for key staff within the Department
who are directly engaged in taking forward the implementation of
the Department’s equality scheme commitments. The following
suite of Equality training is currently provided by CAL:

 An Introduction to Section 75 and Schedule 9 – this course
  aims to familiarise participants with the statutory duties and the
  associated guidance provided by the Equality Commission.
  Participants have the opportunity to consider how Section 75
  can be mainstreamed into policy development and implemented
  through pre-screening, screening and Equality Impact
  Assessments (EQIAs). Consultation and monitoring are also
  introduced through linked, interactive exercises.

 Equality Impact Assessment (EQIA) Workshop - this course
  builds on participants’ knowledge of Section 75 by giving them
  the opportunity to consider how to carry out an EQIA, in
  accordance with statutory guidance, and appropriate
  monitoring and consultation strategies.

 Public Consultation and Engagement in the Northern
  Ireland Context - this course aims to develop knowledge and
  understanding of the consultation process for policymaking in
  Northern Ireland and to develop skills in carrying out
  consultations. Participants explore the concepts, principles and
  a range of methods of consultation and will be able to define a
  structured approach to consultation. Participants will also have
  the opportunity to put consultations skills into practice in a
  learning environment.

5.6 Training and awareness raising programmes will, where
relevant, be developed in association with the appropriate
stakeholders.

In order to share resources and expertise, the Department will,
where possible, work closely with other bodies and agencies in the
development and delivery of training.

     Monitoring and evaluation

5.7 The training programme will be subject to the following
monitoring and evaluation arrangements:

                                                                   35
 Where possible, the Department evaluate the extent to which
  participants in this training programme have acquired the
  necessary skills and knowledge to achieve each of the above
  objectives. Staff attending CAL training courses are required
  to complete a post course evaluation questionnaire, the results
  of which are analysed and a summary report issued to CAL
  customers. The post course evaluation also informs the regular
  course reviews which CAL carry out and courses are revised
  accordingly, where appropriate.

 The extent to which training objectives have been met will be
  reported on as part of the Section 75 annual progress report,
  which will be sent to the Equality Commission.




                                                                  36
Chapter 6        The arrangements for ensuring and
                 assessing public access to information
                 and services the Department provides
                 (Schedule 9 4. (2) (f))


6.1 The Department is committed to ensuring that the information
disseminated and the services provided by the Department are
fully accessible to the public. These arrangements will be kept
under review to ensure that this remains the case.

6.2 The Department recognises that some groups may not have
the same access to information as others and that this can have
an impact on their subsequent access to services. In particular:

 People with sensory, learning, communication and mobility
  disabilities may require printed information in other formats;

 Members of ethnic minority groups, whose first language is not
  English, may have difficulties with information provided only in
  English;

 Children and young people may not be able to fully access or
  understand information; and

 People without access to a computer will not be able to avail of
  internet based dissemination.

     Access to information

6.3 To ensure equality of opportunity in accessing information, the
Department will provide information in alternative formats on
request, where reasonably practicable. Where the exact request
cannot be met the Department will ensure a reasonable alternative
is provided.

Alternative formats may include Easy Read, Braille, audio formats
(CD, mp3 or DAISY), large print or minority languages to meet the
needs of those for whom English is not their first language.

The Department will respond to requests for information in
alternative formats in a timely manner, usually within 20 working


                                                                     37
days. If it is expected that this target cannot be met e.g. because
of the complexity or volume of material requested, the Department
will write out providing the reason(s) for the delay and an
estimated response date.

6.4 Where appropriate, the Department will take account of
relevant existing and developing good practice such as the
Equality Commission’s “Let’s Talk Let’s Listen” and guidance
issued by the Participation Network etc.

6.5 The Department will liaise with organisations representing hard
to reach groups such as children and young people, people with
sensory or learning disabilities, and black and minority ethnic
communities. Where appropriate the Department will also be
mindful of multiple identify issues such as the particular needs of
traveller children.

      Access to services

6.7 The Department is committed to ensuring that the services
provided are fully accessible to the public.

6.8 The Department also adheres to the relevant provisions of
current anti-discrimination legislation.

6.9 In locating its public offices the Department will seek to ensure
that no section of the public is deterred from using the service for
whatever reason. All public offices will maintain a welcoming and
harmonious environment. The Department will adhere to the
relevant provisions of the Disability Discrimination Act 1995.

      Accessing public access to information and services

6.10 The Department together with its ALBs will seek to monitor
access to information and services through such things as the
monitoring of complaints and satisfaction surveys.

6.11 The Department will ensure that consideration is given to any
NICS evidence-based evaluations on the effectiveness of various
communication channels. Through this the Department will seek
to enable wide access to information and mitigate the risk that
some sections of the public might not enjoy equality of opportunity
in accessing information.


                                                                    38
Chapter 7      Timetable for measures proposed in
this equality scheme
                 (Schedule 9 4. (3) (b))

7.1 Appendix 4 outlines the timetable for all measures proposed
    within this equality scheme. The measures outlined in this
    timetable will be incorporated into the business planning
    processes.

7.2 This timetable is different from and in addition to the
    commitment to developing action plans/action measures to
    specifically address inequalities and further promote equality
    of opportunity and good relations. The Department has
    included in this equality scheme a commitment to develop an
    action plan. Accordingly, this commitment is listed in the
    timetable of measures at Appendix 4. For information on
    these action measures please see above at 2.19 – 2.26.




                                                                     39
Chapter 8     The arrangements for dealing with
complaints arising from a failure to comply with the
scheme
                  (Schedule 9 10.)

8.1 The Department is responsive to the views of members of the
public and, where possible, will endeavour to resolve all
complaints made.

8.2 A person who believes that he or she has been directly
affected by an alleged failure of the Department to comply with this
equality scheme can make a complaint.

If the complaint has not been resolved within a reasonable
timescale, the complaint can be brought to the Equality
Commission.

8.3 A person wishing to make a complaint that the Department
has failed to comply with its approved equality scheme should
contact:

     Equality and Human Rights Unit
     Department of Health, Social Services and Public Safety
     Room 6
     Annex 1
     Castle Buildings
     Stormont
     BELFAST
     BT4 3SJ

     FAX:              028 9052 2900
     Telephone:        028 9052 0539
     Textphone:        028 9052 7668
     E-mail:           equality@dhsspsni.gov.uk



8.4 The Department will in the first instance acknowledge receipt
of each complaint within three working days.

8.5 The Department’s Equality and Human Rights Unit will carry
out an internal investigation of the complaint and will respond


                                                                    40
substantively to the complainant within 20 working days of the date
of receiving the letter of complaint. Under certain circumstances, if
the complexity of the matter requires a longer period, the period for
response to the complainant may be extended. In those
circumstances, the complainant will be advised of the extended
period within 15 working days of making the complaint.

In responding the Department will inform the complainant of the
procedure for pursuing the complaint further with the Equality
Commission, as set out in para 10 of Schedule 9 to the Northern
Ireland Act 1998.

8.6 During this process the complainant will be kept informed of
the progress of the investigation into the complaint and, where
appropriate, of any outcomes.

8.7 Some people can be put off making a complaint because they
have to make it in writing. Although the Department would prefer to
have the complaint made in this way, it will also accept complaints
by telephone, and email. The option of a meeting with a member
of staff from the Department’s Equality Unit to discuss the issue
will also be offered, if appropriate.

8.8 In any subsequent investigation by the Equality Commission,
the Department will co-operate fully. Subject to any relevant legal
restrictions, e.g. Data Protection11, the Department will provide
access in a timely manner to any relevant documentation that the
Equality Commission may require.

Similarly, the Department will co-operate fully with any
investigation by the Equality Commission under sub-paragraph 11
(1) (b) of Schedule 9 to the Northern Ireland Act 1998.

8.9 The Department will make all efforts to implement promptly
and in full any recommendations arising out of any Commission
investigation into a failure to comply with this scheme.

8.10 The Department will maintain a register of complaints. The
number and outcome of complaints will be summarised in the
annual statement to the Equality Commission.


11   Data Protection Act 1998


                                                                      41
Chapter 9         Publication of the Department’s equality
scheme                       (Schedule 9 4. (3) (c))

9.1 This equality scheme is available free of charge in print form
and alternative formats from:

     Equality and Human Rights Unit
     Department of Health, Social Services and Public Safety
     Room 6
     Annex 1
     Castle Buildings
     Stormont
     BELFAST
     BT4 3SJ

     FAX:              028 9052 2900
     Telephone:        028 9052 0539
     Textphone:        028 9052 7668
     E-mail:           equality@dhsspsni.gov.uk


9.2 The equality scheme is also available on the Department’s
     website at: http://www.dhsspsni.gov.uk/equality-scheme.pdf.

9.3 The following arrangements are in place for the publication in
a timely manner of this equality scheme to ensure equality of
access:

   The Department will make every effort to communicate
    widely the existence and content of this equality scheme.
    This may include press releases, prominent advertisements
    in the press, the internet and direct mail shots to groups
    representing the various categories in Section 75.

   The Department will email an internet link to the approved
    equality scheme to the consultees on the Department’s
    consultation lists. Other consultees without e-mail will be
    notified by letter that the scheme is available on request.
    The Department will respond to requests for the equality
    scheme in alternative formats in a timely manner, usually
    within 20 working days.



                                                                     42
   This equality scheme is available on request in alternative
    formats such as Easy Read, Braille, large print, audio
    formats ( CD, mp3, DAISY) and in minority languages to
    meet the needs of those not fluent in English.

   A summary of the scheme will be prepared and circulated to
    Section 75 groups representing children and young people,
    people with disabilities and minority ethnic communities.

9.4 For a list of stakeholders and consultees please see Appendix
3 of this equality scheme, visit the Department’s website – see 9.2
above or contact the Department’s Equality and Human Rights
Unit – see 9.1 above.




                                                                  43
Chapter 10       Review of the Department’s equality
scheme
                 (Schedule 9 8. (3))

10.1 As required by Schedule 9 paragraph 8 (3) of the Northern
Ireland Act 1998 the Department will conduct a thorough review of
this equality scheme. This review will take place either within five
years of submission of this equality scheme to the Equality
Commission or within a shorter timescale to allow alignment with
the review of other planning cycles.

The review will evaluate the effectiveness of the scheme in relation
to the implementation of the Section 75 statutory duties relevant to
the Department’s functions in Northern Ireland.

10.2 In undertaking this review the Department will follow any
guidance issued by the Equality Commission.

As per the arrangements set out in 9.3 – 9.4 above. A report of
this review will be made public and sent to the Equality
Commission.




                                                                   44
        APPENDIX 1 - DHSSPS ORGANISATION CHART (at December 2010 – subject to change)


                                                             Minister



                                                           Permanent
                                                           Secretary




     Social Policy               Health Estates               Chief Medical               Healthcare Policy     Resource
        Group                       Group                     Officer Group                    Group          Management
     (see page 46)               (see page 50)                (see page 53)                 (see page 57)        Group
                                                                                                              (see page 64)




                        Human                       Strategic                 Office of Social
                       Resources                  Management                      Services
                      Directorate                    Group                     (see page 69)
                     (see Page 67)                (see page 68)




45
Social Policy Group


                                 Social Policy
                                    Group




     Mental Health                Corporate              Information and
     and Disability               Services                 Analysis Unit
        Policy
      Directorate




Mental Health and Disability Policy Directorate

The Mental Health and Disability Policy Directorate is responsible
for mental health and disability policy and legislation. It has lead
responsibility for monitoring implementation of the Bamford Action
Plan. It is also responsible for the transfer of hospital patients
detained under the Mental Health (NI) Order 1986 to hospitals in
other jurisdictions. The main functions are :-

        Mental Health Policy and Legislation;
        Policy for operation of Mental Health review tribunal;
        Monitoring of Bamford Action Plan;
        Development of new mental capacity legislation;
        Learning Disability Policy;
        Physical and Sensory Disability Policy;
        Policy on Sexual and Domestic Violence; and
        Policy on Dementia.


Corporate Services Directorate

Corporate Services Directorate is responsible for the effective and
efficient management of all personnel issues in order to support
the rest of the Department in meeting its aims and objectives of
improving the health and well-being of the people of Northern
Ireland. This includes the development and provision of learning


46
and development opportunities for all staff to equip them with the
necessary knowledge and skills relevant to their individual
responsibilities.

The directorate is responsible for the delivery of “line of business”
application services to business areas in DHSSPS and DSD, and
management of the relationship between the two Departments and
IT Assist to ensure the effective delivery of common infrastructure
and desktop services.

The directorate also acts as the sponsor branch for the Northern
Ireland Fire and Rescue Service (NIFRS) – having responsibility
for the development of policy and legislation; monitoring service
delivery and governance and accountability arrangements.

The directorate covers Information Management Branch which is
responsible for the management of departmental records,
guidance and support to the Department on the Freedom of
Information Act and the Data protection Act. Management of the
Department’s Electronic Records and Document Management
System. Leading the delivery of an Information Governance
Framework within the Department and across HSC. It also has
the lead role in considering information sharing issues.

The main functions are:-

      Drafting relevant Fire and Rescue Service legislation and
       any resulting secondary legislation covering matters such as
       the Firefighters’ Pension Schemes and Fire Safety
       legislation.
      Determining the Northern Ireland Fire and Rescue Service
       Board’s performance framework in the light of its wider
       strategic aims and current Public Service Agreement
       objectives and targets
      Monitoring of Fire and Rescue Service policy documents and
       procedures.
      Agreement of the annual budget allocation for the Northern
       Ireland Fire and Rescue Service.
      Accountability of the Northern Ireland Fire and Rescue
       Service.
      Monitoring of business plans.
      Monitoring of service delivery targets.



                                                                     47
   The laying of the annual report and audited accounts of the
    Northern Ireland Fire and Rescue Service before the
    Northern Ireland Assembly.
   Arranging independent inspections of the Northern Ireland
    Fire and Rescue Service policies and strategies for the
    NICS.
   Working with Corporate Human Resources (CHR) on Policy
    Development - equality and diversity polices for NICS staff
    are developed and maintained centrally by CHR in DFP, on
    behalf of all departments and will, therefore, be reflected in
    DFP's returns to the Equality Commission and not
    individually by departments.
   Provision of HR Advice
   Working proactively with HRConnect
   Workforce Planning
   Operation of Whitley Policy
   Workplace Health Improvement Programme ( WHIP)
   Promotion Boards,
   Recruitment & Secondments,
   Security,
   Trawls, Interest Circulars & Vacancy Notices.
   Investors in People
   Accredited Learning Programmes
   Quality Development
   Learning and Development
   Learning Resources
   Provision of software application development and support
    services, both directly and through partnership with other
    departments or the private sector, to meet the needs of the
    business;
   Provision of strategic consultancy and advice to customer
    business areas;
   Management of the relationship between IT Assist and the
    two departments (DHSSPS and DSD), and working closely
    with IT Assist, to ensure the effective delivery of specified
    services in accordance with Service Level Agreement and
    the needs of the two departments;
   Participation with the other departments in the planning and
    governance of IT Assist services, and ensuring that the
    needs and views of DHSSPS and DSD are well represented;
   Participation with other departments in the development and
    implementation of ICT policies and strategies for the NICS.
   Accommodation management


                                                                 48
     Health & Safety policy and advice
     Office supplies
     Travel desk
     Library Services


Information and Analysis Directorate

The aim of Information and Analysis Directorate is to provide a
high quality statistical and economic and research service in
support of evidence-based decision making, business planning
and performance management within DHSSPS. The main
functions are :-

     Provision of relevant, timely and accurate statistical
      information on Health and Social Care;
     Objective statistical and economic analyses;
     Provision, publication and dissemination of Official Statistics;
      and
     Management of Departmental surveys and research
      programme.




                                                                     49
Health Estates Group

                                 Health Estates
                                    Group




                 Estates                              Investment
               Directorate                            Directorate




Estates Directorate

The overall aim of the Estates Directorate is to provide a centre of
specialist professional and technical estate expertise which
supports the development and maintenance of an efficient and
effective HSC estate.

Estates Directorate, along with the Investment Directorate sits
within the Health Estates Investment Group, is formally accredited
as the ‘Centre of Procurement Expertise’ (COPE) for construction
and design services for the Department and the Health and Social
Care Trusts (HSC). It has a key role to play in the delivery of the
capital investment programme for health, social care and public
safety facilities and in the overall asset and estates management
of these facilities. Estates Directorate also acts as a Centre of
Specialist Expertise in lead policy development, guidance and
standards implementation and monitoring in all professional and
technical aspects of estate and estate development including
decontamination and sustainability. The main functions are to :-

      Ensure and improve the provision of safe, high quality,
       responsive health and social care services, in appropriate
       settings and locations;
      Act as a Centre of Specialist Expertise in lead policy
       development, guidance and standards implementation and
       monitoring in all professional and technical aspects of estate


                                                                       50
      and facilities management and estate development including
      sustainability;
     Undertake the role of regional Centre of Procurement
      Expertise ensuring development, dissemination and
      implementation of best practice methodologies in the
      procurement of all major capital infrastructure developments
      within HSC and public safety sectors;
     Ensure that all capital projects In the HSC and NIFRS are
      procured, managed and delivered to meet appropriate
      standards and guidelines and achieve value for money;
     Undertake performance management of the HSC in relation
      to the overall management of the estate including
      compliance with key policy directives relating to the design,
      specification, procurement and operation of health and social
      care facilities;
     Identify asset disposals consistent with service
      modernisation and efficiency targets;
     Optimise the achievement of capital receipts from all surplus
      retained, Departmental HSC or FRS estate through a
      proactively managed strategic disposal programme;
     Provision of professional and technical advice to Minister and
      colleagues in the DHSSPS and HSC/NIFRS on estates and
      asset management matters;
     Ensure that all capital development and estates functions are
      undertaken to comply with best practice guidance on
      Sustainability and to meet Departmental responsibilities in
      relation to estate and facilities management issues
      associated with the Northern Ireland Sustainable
      Development Strategy and the Climate Change Act; and
     Ensure that HEIG has a skilled and motivated workforce,
      deployed efficiently and effective to deliver Departmental and
      HEIG Priorities.

Investment Directorate

Investment Directorate (ID) incorporates three branches: Capital
Resource Group, Programme Management Group and Patient
Environment Branch. The main functions are the :-

     Management of the DHSSPS capital investment programme;
     Approval, monitoring and evaluation of business cases for
      capital projects;



                                                                   51
   Policy development for soft facilities management i.e. car
    parking, catering, laundry and cleaning; and
   Policy for expenditure on artwork in the health & social care
    sector




                                                                    52
Chief Medical Officer Group

                                Chief medical
                                Officer Group




              Population                           Safety Quality
                Health                             and Standards
                                                    Directorate




Population Health

Population health refers to the health of a population as measured
by health status indicators and as influenced by social, economic
and physical environments, personal health practices, individual
capacity and coping skills, human biology, early childhood
development, and health services.

As an approach, population health focuses on the interrelated
conditions and factors that influence the health of populations over
the life course (determinants of health), identifies systematic
variations in their patterns of occurrence, and applies the resulting
knowledge to develop and implement policies and actions to
improve the health and well-being of those populations. It also
acknowledges the relationship between poverty and health and the
need to work in partnership in order to address this.

A healthier population makes more productive contributions to
overall societal development and requires less support in the form
of health care and social benefits. Actions that bring about
positive health also bring wider social, economic and
environmental benefits for the population at large. They include a
sustainable and equitable health care system, strengthened social
cohesion and citizen engagement, increased national growth and
productivity and improved quality of life.


                                                                    53
The overall aim of the Directorate is to maintain and improve the
health status of the entire population, and to reduce inequities in
health status between population groups and geographical areas.

The main functions are split over two key objectives :-

Improve health and well-being, and reduce health inequalities by
tackling the wider determinants of health and well-being.

     Improve life expectancy, particularly in areas of social and
      economic deprivation;
     Reduce the incidence of suicide;
     Promote & improve sexual health & reduce the rate of
      teenage pregnancy;
     Reduce the prevalence of smoking & develop tobacco
      control legislation;
     Reduce obesity;
     Reduce the harm related to alcohol and drug misuse;
     Improve people’s mental and emotional wellbeing, and
      contribute reduction in the incidence of mental ill health;
     Promote greater uptake of breastfeeding;
     Reduce incidence of accidents in the home;
     Promote healthier lifestyles, including diet and exercise; and
     Reduce incidence of skin cancer.


Protect health

     Ensuring development of robust pandemic flu preparedness
      policy & contingency plans;
     Ensuring resilient health and social care response to all
      emergencies where there are health & social care
      consequences;
     Management, procurement, storage, distribution, &
      governance of stockpiles;
     Civil contingencies policy development & preparedness,
      including DHSSPS Contest;
     Development of policy on business continuity in the Health
      and Social Care sector;
     Public health legislation;
     Policy on immunisation programmes
     Policy on screening programmes


                                                                      54
     Environmental health policies and interventions
     Policy on healthcare-associated infections and antimicrobial
      resistance;
     Policy and legislation on communicable disease control;
     Oversight of the Food Safety Promotion Board;
     Subordinate legislation under the Medicines Act and Misuse
      of Drugs Act;
     Policy on blood safety;
     Policy on zoonoses;
     Policy on sudden cardiac death;
     Compliance by NI with International Health Regulations
      2005;
     District Council bye-laws on piercing, tattooing etc; and
     Enforcement of Animal (Scientific Procedures) Act.


Safety, Quality and Standards Directorate

The Safety, Quality & Standards Directorate has policy
responsibility for the Department’s programme for protecting and
improving the quality of health and social care services delivered to
the people in Northern Ireland. This covers a number of diverse
work-streams including:

     Ensuring patient and client safety by maintaining a policy
      framework to enhance user and staff safety in the HSC
     Providing for regulation of certain health and personal social
      services;
     Setting of regional service standards and developing service
      frameworks for key areas of health and social care;
     Promoting use of best practice guidance and effective clinical
      and social care governance; and
     Delivering strategic planning for quality improvement.


The main functions are :-

     Manage links with NPSA (including NCAS,NRES and NCEs);
     Consideration and issue of guidance on patient/client safety
      and quality issues to HSC;
     Policy on HSC complaints procedure;
     Support to Hyponatraemia Inquiry;



                                                                     55
   Development and implementation of Service Framework
    Programme;
   Oversight/Sponsorship of RQIA;
   Legislation issues emanating from the HPSS(QIR)(NI) Order
    & Care tribunal legislation issues & liaison with NICTS;
   Development of a 10 year Quality Strategy for the HSC;
   Publication of a range of minimum care standards for
    regulated services;
   Oversight arrangements for GAIN;
   Policy on Personal and Public Involvement;
   Departmental link with Social Care Institute for Excellence
    (SCIE);
   Departmental link with National Institute for Health and
    Clinical Excellence (NICE);
   Review of Death Certification for NI;
   Policy responsibility for Clinical Negligence;
   Policy responsibility for Corporate Manslaughter;
   Policy responsibility for Personal and Public Involvement in
    Health and Social Care Policies; and
   Review of the Memorandum of Understanding on Patient
    Safety.




                                                               56
Healthcare Policy Group

                                     Healthcare Policy
                                          Group




  Pharmaceutical   Dental Services     Nursing,          Primary and        Secondary
    Advice and                       Midwifery and       Community            Care
     Services                        Allied Health           Care
                                     Professionals




Pharmaceutical Advice and Services

The aim of the Pharmaceutical Advice and Services is to improve
and promote the health and social wellbeing of the people of
Northern Ireland by:

     ensuring the development and enactment of appropriate
      statutory and professional controls, and their timely and
      effective application;
     driving policy development on the safe, effective and efficient
      management and use of medicines;
     leading and supporting the further development and delivery
      of high quality pharmaceutical services; and
     establishing programmes of pharmaceutical workforce
      development.

The Directorate, on behalf of the Department, has responsibility for
ensuring compliance with all relevant legislation (and associated
codes of practice) applicable to the control of medicines including:

     the Medicines Act 1968 and the Veterinary Regulations,
      which include provisions for the manufacture, sale/supply
      and use of medical products and related matters for human
      and veterinary matters;




                                                                       57
     the Misuse of Drugs Act 1971 which makes provision with
      respect to drugs liable to abuse for purposes including their
      production, importation, exportation, supply and possession;
     the Pharmacy (Northern Ireland) Order 1976 which relates to
      the Pharmaceutical Society of Northern Ireland with respect
      to the registration of Pharmaceutical Chemists and Students
      as well as for disciplinary proceedings of its members;
     the Poisons (Northern Ireland) Order 1978, which provides
      regulations with respect to sales of non-medicinal poisons;
      and
     the Health Act 2006 and associated Regulations.

The main functions are to :-

     provide pharmaceutical advice in response to queries from a
      wide range of sources including general pharmaceutical
      services (Contractor Services), hospital pharmaceutical
      services, professional bodies, pharmaceutical industry,
      members of the public, Assembly questions;
     lead, on behalf of the Department of Health, Social Services
      and Public Safety (DHSSPS) on all aspects of
      pharmaceutical legislation for which it is responsible,
      including the implementation of European Community
      requirements for pharmaceutical affairs as applied to
      Northern Ireland, the Misuse of Drugs Act 1971, the
      Medicines Act 1968, the Pharmacy (Northern Ireland) Order
      1976, the Prescription Only Medicines (Northern Ireland)
      Order 1976, the Controlled Drugs (Supervision of
      Management and Use) Regulations (Northern Ireland) 2009
      and associated Codes of Practice;
     inspect and enforce under this legislation in all appropriate
      fields to ensure the safety, quality and efficacy of medicines;
     represent the Department at National and International fora
      including the Permanent Forum on International
      Pharmaceutical Crime, European Medicines Enforcement
      group and Cross- Border Controlled Drug Group;
     develop and maintain collaborative working arrangements
      with other Agencies including the Medicines Healthcare
      Products Regulatory Agency, Veterinary Medicines
      Directorate, Home Office Action Against Drugs Group,
      Pharmaceutical Society of Northern Ireland, Police Service of
      Northern Ireland, Department of Agriculture and Rural
      Development;


                                                                   58
     manage the pharmaceutical defect-reporting system for
      Northern Ireland;
     collaborate with other Departments and Agencies on matters
      of public health and social concern involving the use of
      medicines and drugs e.g. Department of Agriculture and
      Rural Development, Department of Regional Development,
      Police Service for Northern Ireland, Home Office, etc;
     commission and monitor postgraduate pharmaceutical
      education and training under Article 44 of the Health and
      Personal Social Services (Northern Ireland) Order 1972;
     establish and maintain liaison with pharmaceutical officers
      and organisations, locally, nationally and internationally;
     support industrial pharmaceutical development in Northern
      Ireland through co-operation with Department of Enterprise,
      Trade and Investment and Invest Northern Ireland and
      export of health care expertise in conjunction with Northern
      Ireland Cooperating Overseas (NICO);
     contribute to the development of policy for the Health and
      Social Care Services (HSC), policy implementation,
      monitoring and evaluation;
     collaborate with administrative and professional colleagues
      on all issues where there is a pharmaceutical dimension
      including, for example, pharmaceutical contractor
      negotiations, Drug Tariff maintenance, prescribing/medicines
      management, research, workforce planning, primary care
      development, public health, clinical and social care
      governance, hospital pharmacy. Manage links with NPSA
      (including NCAS,NRES and NCEs);

Dental Services

The Chief Dental Officer provides support to the Minister, the
Department and Health and Social Care, advising on all aspects of
dental policy and oral health in Northern Ireland.

The main functions are to:-

     provide advice and support to the Minister on all dental
      professional issues including policy development, briefings
      for Assembly debates, Assembly questions and
      announcements; and




                                                                    59
     improve the oral health of the Northern Ireland population
      and reduce oral health inequalities and support the
      development of safe and effective dental services.

The directorate achieves this by:
    Providing timely and effective support to the Minister ,a
     range of branches across DHSSPS, the HSC Board, Trusts
     and BSO, and other public agencies;
    Providing strategic direction to stakeholders through the
     development and review of healthcare policies and guidance
     relevant to dentistry;
    Providing professional and policy advice on the following
     areas:
        o Public health;
        o Health protection;
        o General Dental Services;
        o Community Dental Services;
        o Hospital Dental Services;
        o Regulatory matters (local and national);
        o Clinical governance matters;
        o Human resource issues ( workforce planning, training,
           terms & conditions);
        o Decontamination and cross infection control;
        o Development of guidance and standards;
        o Strategic planning of capital spend for dental services;
           and
        o Leading and supporting the further development and
           delivery of high quality dental services.
    Delivering on relevant governance and efficiency
     requirements;
    Providing professional leadership to the dental profession
     and representing both the DHSSPS and profession at a
     range of local and national fora; and
    Provide appeal function for the Dental Committee of BSO


Nursing, Midwifery and Allied Health Professions

The Directorate’s primary role is to provide advice on Nursing,
Midwifery and AHP issues to the Minister, Departmental
colleagues, the HSC and the public.

The main functions are :-


                                                                   60
     To provide timely and accurate advice/recommendations to
      the Minister/Departmental colleagues on matters relating to
      Nursing, Midwifery and Allied Health Professions;
     To liaise with colleagues in HSC, other Health Department’s
      throughout the UK, Republic of Ireland and internationally in
      order to promote the context of health and social care in
      Northern Ireland, maintain effective working relationships
      and ensure that Nursing, Midwifery and AHP practice is
      informed by best available evidence;
     To ensure that the contribution of Nurses, Midwives and
      AHPs is promoted and advanced through the developing of
      policy/strategy and influencing policy/strategy decisions; and
     To provide strategic professional leadership to the Nursing,
      Midwifery and AHP professions throughout Northern Ireland.


Primary and Community Care

Set within the policy context of “A Healthier Future” and the
Primary Care Strategic Framework Document “Caring for People
Beyond Tomorrow”, the overall aim of the Primary and Community
Care Directorate is to:-

      develop and support a range of modern, flexible, accessible
      and cost-effective community-based health and social care
      services, designed to meet people’s needs in the most
      appropriate setting.

The main functions are:-

     General Dental and Ophthalmic Services Branch – Policy
      and legislation in respect of General Dental Services and
      Ophthalmic Services including terms and conditions of
      services of general dental practitioners and ophthalmic
      opticians. Also implementation of the PC Dental Strategy
      and development of the PC Optometry Strategy, statement
      of fees for sight testing, dental & optical charges, community
      dental service policy, help with health costs scheme and
      Departmental lead on Prison Healthcare.

     Primary Care Medical Services Branch –Policy and
      Legislation in relation to Primary Care Medical Services and


                                                                     61
    the General Medical Services Contract. Development and
    agreement of UK-wide reforms to the GMS contract reforms
    and mandates for national negotiations. Maintenance of the
    Statement of Financial Entitlement. GP Contract Dispute
    Resolution. Monitoring levels of investment in GMS. Policy
    on: Primary Care Partnerships; GP Out of Hours services;
    GP Performers List; Cross-border patient mobility (EU)
    issues; Patient Entitlement to Health Care; Confidentiality of
    GP Medical Records; Patient Safety issues in GP Practices;
    and Health Service Tribunal. Health Care advice for visitors
    and for people going abroad. Appointments to Health Service
    Tribunal. Development and maintenance of National
    Pandemic Flu Service. GP Patient Experience Survey.
    Maintenance of Directorate’s Website.

   Pharmacy and Prescribing Branch – Policy & legislation
    in relation to Community Pharmacy, terms and conditions of
    Community Pharmacists, including dispensing and other
    professional fees. Other areas of responsibility include
    supporting HSC Board in negotiation and implementation of
    a new Contract for Community Pharmacists to include Minor
    Ailments Scheme; policy for Multiple dispensing, repeat
    dispensing and medicines management; policy in respect of
    Complementary and Alternative Medicines and Therapies
    (CAM); policy on prescription charges; policy to increase the
    level of use of generic medicines; policy on Control of Entry
    to the pharmaceutical list; secretariat to the National Appeal
    Panel and Drug Tariff issues.

   Primary Care Development Unit – Policy development and
    maintenance in relation to Primary Care in the broad sense
    ie. health and wellbeing services in the community. General
    policy responsibility for primary care service development to
    reduce reliance on hospital services. Monitoring
    implementation of the Primary Care Strategic Framework
    and the Palliative & End of Life Care Strategy. Developing
    and maintaining policy on, for example, support for people
    living with Long Term Conditions in the community, treatment
    room and community nursing (in partnership with the nursing
    group), Conditions Management Programme – Pathways to
    Work (in partnership with DEL) and development of Health &
    Care Centres.



                                                                 62
     Elderly and Community Care Unit – Policy and legislation
      for community care with a specific focus on the elderly
      programme of care. Policy on residential/nursing care,
      including charging regime, policy on social & community care
      services for older people designed to promote independent
      living, including policy on charging for personal care,
      community care assessment and placement guidelines,
      promotion and development of direct payment as an
      alternative to direct service provision, carers strategy and
      joint carers review with DSD, promoting implementation of
      the NI Single Assessment Tools aimed at streamlining the
      assessment of older people’s social and health care needs.


Secondary Care

Secondary Care Directorate is responsible for developing policy for
services provided within a hospital context and providing advice
and support to Minister on secondary care policy issues.

The main functions are:-

     Bereavement, blood transfusion, cardiac, dermatology,
      genito-urinary, infertility, maternity, neonatal, organ and
      tissue donation, orthopaedic, paediatric, renal, respiratory
      (including allergy), and any other regional secondary care
      service within the Belfast HSC Trust area;
     Cancer services, imaging and diagnostics, radiotherapy,
      ionising radiation medical exposure regulations,
      lymphoedema, urology, hospice palliative care, NICE
      guidance, ophthalmology, pathology, specialist drugs,
      ambulance services, bariatric services, human genetics,
      plastics, policy on measures to reduce fraudulent access to
      secondary care services and policy in relation to acute
      hospital services in the Southern and South Eastern HSC
      Trusts; and
     Developing Better Services coordination, A&E and
      emergency pressures, Managed Clinical Networks, stroke
      strategy, veterans issues, neurology, chronic disease
      management, hospital travel, major trauma, rural medicine,
      critical care and policy in relation to hospital services in the
      Northern and Western Trusts.



                                                                         63
Resource Management Group


                               Resource
                              Management
                                Group




    Finance
   Directorate




                          Internal Audit               Business
                                                      Support Unit




Finance Directorate

The aim of Finance Directorate is to support the strategic
management of the Department and it’s associated public bodies
through the provision of information, advice, guidance, support and
assurance on the planned and actual use of resources.

The main functions are carried out through five units :-

   Financial Accounting Unit -
     Promote DHSSPS interests in acquisition and deployment of
      resources;
     CSR budget exercises – preparing position reports, bidding
      material;
     Consider options to deliver better value for money services;
      and


                                                                     64
   Support the reform of the Department and wider HSC by
    providing advice, guidance and financial information to
    inform policy decisions and advice on implications of
    resource budgeting.

Strategic Financial Analysis Unit (SFAU)-
  Supporting the strategic management of DHSSPS through
   the provision of financial analysis and advice;
  Determine reference costing policy and guidance of HSC,
   analysis of annual TRUST costing information, and annual
   publication of Reference Costs;
  Contribute to the publication of the Strategic Resources
   Framework;
  Development of revisions of the HSC finance regime
   including the development and running of an HSC activity-
   based payment system; and
  Briefing and co-ordinating responses iro various NI Audit
   Office reports and Parliamentary Accounts Committee
   hearings into Value for Money issues.

Financial Management & Resource Control Unit:-
  Obtain Parliamentary approval for Departmental expenditure
   – main and supplementary estimates;
  Manage overall Departmental financial resources;
  Support the reform of the Department and wider HSC,
   providing advice, guidance and financial information to
   inform policy decisions;
  Scrutinise financial aspects of commissioner and provider
   plans to ensure that they are consistent, coherent and in line
   with overall departmental financial allocations;
  Implement Management Accounts and apply AccountNI to
   produce monthly budget reports and other regular reports to
   management and budget holders;
  Maintain an accurate budgetary database in line with DFP
   requirements; prepare regular assessments of financial
   outturn each year; and
  Prepare provisional outturn and compare provisional to draft
   and final accounts.

Financial Policy & Accountability Unit -
  Provide advice and guidance to the Department and HSC on
   financial governance and accountability issues;



                                                                65
      Provision of financial advice/comments/reports on all capital
       business cases; and
      Continuing focal point for Counter Fraud activity and
       initiatives throughout the Department, including development
       of an accountability framework to monitor the counter fraud
       work of the new RPA organisations.

   Financial Accounting Unit -
     Preparation of Department’s annual resource accounts and
      associated NIAO audits;
     Preparation of Departments’ quarterly accounts;
     Guidance on HSC bodies’ accounts;
     Management of Implementation off and ongoing compliance
      with International Financial Reporting Standards;
     Management of the accounting implications of RPA;
     Central/Whole of Government Accounts; and
     AccountNI development and maintenance.

Internal Audit

Internal Audit carries out internal audits of the Department, using a
risk based approach. The main functions are
     Assurance to the Permanent Secretary on the management
      of risk and control within the Department through the audit of
      corporate risk objectives; and
     Advice and consultancy to DHSSPS staff on matters of
      control and risk.

Business Support Unit

The Business Support Unit provides a range of services for
managers in the Department under the heading of consultancy,
inspection and review services. The main functions are:-
    Co-ordination and supporting Management-led Efficiency
     Exercises;
    Advising business areas on structures, systems and
     procedures aimed at delivering efficiency, effectiveness and
     economy;
    Evaluation the grading and loading of new and existing staff
     posts;
    Carrying out job evaluations of senior posts; and
    Supporting and facilitating Trade Union Side in line with
     paragraph 4.02 of the NICS HR policy.


                                                                    66
Other Directorates

                                 Permanent
                                 Secretary




        Human                  Strategic               Office of Social
      Resources               Management                   Services
      Directorate             Directorate




Human Resources Directorate

The aim of Human Resources Directorate is to support the
strategic management of the Department and it’s associated public
bodies through the provision of information, advice, guidance and
support on the planned and actual use of human resources.

The main functions are carried out through four units :-

       Education and Training commissions, funds and monitors
        education and training for the Health Service in Northern
        Ireland in order to provide a sufficiently trained workforce to
        meet the healthcare needs of the population;
       Public Appointments Unit develops and implements the
        Department’s public appointment procedures in a fair,
        transparent, efficient and effective manner, by carrying out
        Public Appointment Competitions to ensure HSC bodies are
        fully complemented with the required number of non-
        executive appointees;
       Workforce Planning Unit carries out regional workforce
        reviews of all main professional groups in the HSC to assess
        required commissioned training numbers and identify
        regional workforce needs for the provision of health and
        social services. It also is the key link with the other UK
        countries in developing policy in relation to professional
        regulation for the HSC professional groups; and
       Pay, Employment and Pensions Unit provides advice and
        guidance to HSC Organisations on a range of employment
        issues relating to all HSC staff. The Unit is also responsible


                                                                          67
      for policy development and legislation relating to HSC
      pensions.

Strategic Management Directorate

The aim of Strategic Management Directorate is to promote a
wider understanding of the basis under which the Department and
the HSC operates and to build a greater alignment between the
Department’s strategic plans and its future legislative programme.
It is also responsible for ensuring that communication between
officials, the Minister and the wider administration are coherent and
robust. Supporting the Minister and Permanent Secretary it will
aim to ensure that policies and legislation are developed within a
coherent strategic framework. The Directorate is also charged with
monitoring delivery of the HSC reforms and supporting the Minister
and Permanent Secretary in their considerations about the reform
of departmental structures.

The main functions of the current business areas are:-

     The Minister’s Private Office – Secretarial support to the
      Minister; Management of Correspondence; Management of
      Assembly Questions; Management of the Minister’s diary;
      and Processing of Executive Papers.
     Co-ordination Unit - co-ordination of Departmental Board
      meetings; the Departmental Team Brief; and briefing for
      various meetings, statements and debates especially where
      input is required from a number of business areas. The Unit
      also provides secretariat for the Departmental Audit and Risk
      Committee and is responsible for liaison with the central
      management branches of other departments, the Assembly
      Business Office, OFMDFM Machinery of Government,
      Assembly Business Sections and European Unit within
      OFMDFM and with the HSS&PS Assembly Committee
      Secretariat.
     Information Office - media service to the Minister and
      senior officials; advertising and publicity campaigns to
      maximise public awareness of the Department's services and
      to promote key public health messages; provision of a design
      and print service to support department activities; and
      maintaining and developing the Department's Internet and
      Intranet sites.



                                                                   68
     Legislation, Equality and Human Rights Branch -
      provides support and advice to departmental officials on all
      legislative procedures and associated matters; and, provides
      support and advice to the Minister and departmental officials
      on compliance with equality, diversity and human rights
      obligations in the development and implementation of policy
      and legislation.
     Office of the Permanent Secretary - general support to the
      Permanent Secretary; management of all diary, briefing and
      correspondence matters; and matters relating to the
      implementation of the HSC reforms.
     Planning and Performance Management – Elective Care
      Reform Programme; Emergency Care Reform Programme;
      EU service provision; NI Audit Office reports; Performance
      Monitoring, and Private Service Provision.
     Planning, Priorities and Procurement – Input to the
      strategic planning process; policy on risk management and
      controls assurance; Programme for Government (including
      the Department’s Public Service Agreement); Priorities for
      Action; Departmental Business Plan; and input to Public
      Procurement Policy.

Office of Social Services

The Office of Social Services (OSS) provides professional advice
and input on all social work and social care matters it also has
policy responsibility for Personal Social Service Education and
Training and Regulation of the workforce. In addition, OSS
includes:-

     Child Care Policy covering –
         o Child Protection;
         o Looked After Children;
         o Domestic and Inter-Country Adoption;
         o Residential Children’s Homes;
         o Foster Care;
         o Secure Accommodation; and
         o Leaving and Aftercare.
     Family Policy Unit incorporating parenting support,
      voluntary and community sector and termination of
      pregnancy; and
     European and Children’s Funding Unit.



                                                                   69
Draft –14 December 2010



Appendix 2     Example groups relevant to the Section
75 categories for Northern Ireland purposes
Please note, this list is for illustration purposes only, it is not
exhaustive.

Category            Example groups


Religious belief Buddhist; Catholic; Hindu; Jewish; Muslims, people of
                 no religious belief; Protestants; Sikh; other faiths.

                    For the purposes of Section 75, the term “religious
                    belief” is the same definition as that used in the Fair
                    Employment & Treatment (NI) Order12. Therefore,
                    “religious belief” also includes any perceived religious
                    belief (or perceived lack of belief) and, in employment
                    situations only, it also covers any “similar philosophical
                    belief”.

Political           Nationalist generally; Unionists generally;
opinion13           members/supporters of other political parties.

                    For the purposes of Section 75, the term “political
                    opinion” is the same definition as that used in the
                    Fair Employment & Treatment (NI) Order. Therefore,
                    “political opinion” also includes any perceived political
                    opinion (or perceived lack of opinion).

Racial group        Black people; Chinese; Indians; Pakistanis; people of
                    mixed ethnic background; Polish; Roma; Travellers;
                    White people.

Men and             Men (including boys); Trans-gendered people;
women               Transsexual people; women (including girls).
generally




12 See Section 98 of the Northern Ireland Act 1998, which states: “In this
Act…”political opinion” and “religious belief” shall be construed in accordance
with Article 2(3) and (4) of the Fair Employment & Treatment (NI) Order 1998.”
13   ibid
Draft – 7 January 2011



Marital status           Civil partners or people in civil partnerships; divorced
                         people; married people; separated people; single
                         people; widowed people.

Age                      Children and young people; older people.

Persons with a           Persons with disabilities as defined by the Disability
disability               Discrimination Act 1995.

Persons with             Persons with personal responsibility for the care of a
dependants               child; for the care of a person with a disability; or the
                         care of a dependant older person.
Sexual                   Bisexual people; heterosexual people; gay or lesbian
orientation              people.




                                        - 71 -
Draft – 7 January 2011



Appendix 3               List of consultees
                         (Schedule 9 4. (2) (a))


This consultation list is indicative and not exhaustive and, in line
with the recommendation of the Equality Commission, will be
reviewed on an annual basis to ensure it remains relevant to the
functions and policies of the Department.

Abbeyfield Society Northern Ireland
Accord Catholic Marriage Counselling Service
Action Cancer
Action Mental Health
Action MS
Action on Elder Abuse
Action on Medical Negligence Association
Adopt Northern Ireland
Advice Northern Ireland
Afro-Asian Residents Group Northern Ireland
Age Concern
Age Sector Platform
Aids Helpline
Al-Anon Family Group
Alcohol Awareness for Youth
Al-Nisa Association
Alzheimer’s Society
Amalgamated Transport & General workers Union
An Munia Tober
Antrim Borough Council
Ards Borough Council
Armagh City and District council
Arthritis Care Northern Ireland
Arthritis Research Campaign
Association for Spina Bifida & Hydrocephalus
Association of Crossroads Care Attendants Schemes
Association of Independent Advice Centres
Association of Local Authorities in Northern Ireland
Association of Northern Ireland Colleges
Asthma UK Northern Ireland
Autism Northern Ireland

Ballymena Borough Council
Ballymoney Borough Council

                                      - 72 -
Draft – 7 January 2011



Banbridge District Council
Baptist Centre
Barnado’s
Belfast Brook Advisory Centre
Belfast Carers’ Centre
Belfast City Council
Belfast Education and Library Board HQ
Belfast Health and Social Care Trust
Belfast Healthy Cities
Belfast Hebrew Congregation
Belfast Out Reach Centre
Belfast Pride
Board of Social Witness - The Presbyterian Church in Ireland
British Association of Social Workers Northern Ireland
British Deaf Association
British Dental Association
British Diabetic Association
British Fluoridation Society
British Geriatric Society Northern Ireland
British Medical Association
British Psychological Society
British Red Cross
Bryson House
Business Service Organisations
Business Services Organisation Headquarters
Butterfly Club

Cancer Relief- Macmillan Fund
Cara Friend
Care for Northern Ireland
Carers National Association Northern Ireland
Carrickfergus Borough Council
Castlereagh Borough Council
Cedar Foundation
Central Personal Social Services Advisory Committee
Chartered Society of Physiotherapy
Child Accident Prevention Trust
Child Poverty Action Group
Children in Northern Ireland
Childrens Day Nursery Association
Childrens Law Centre
Chinese Welfare Association
Church of Ireland Board for Social Responsibility


                              - 73 -
Draft – 7 January 2011



Coleraine Borough Council
College of Occupational Therapists
Committee on the Administration of Justice (CAJ)
Community Addictions Team
Community Development & Health Network
Community Evaluation Northern Ireland
Community Foundation for Northern Ireland
Community Information Network Northern Ireland (CINNI)
Community Relations Council
Community Work Education & Training Network
Confederation of Community Groups
Conservation Volunteers Northern Ireland
Cookstown District Council
Co-Operation Ireland
Corrymeela Community
Council for Catholic Maintained Schools
Council for the Advancement of Communication with Deaf People
Council for the Homeless
Council on Social Responsibility
Counteract
Craigavon Asian Women’s Centre
Craigavon Borough Council
Craigavon Chinese Community Association
Craigavon Vietnamese Club
Cruse Bereavement Care

Derry City Council
Derry Travellers Support Group
Derry Well Women
Diabetes UK
Disability Action
Down & Connor Family Ministry
Down Cardiac Support Group
Down District Council
Downs Syndrome Association
Dungannon & South Tyrone District Council
Dunlevey Substance Advice Centre

East Belfast Community Development Agency
Economic Research Institute of Northern Ireland (ERINI)
Employers Forum on Disability
Equality 2000
Equality Coalition


                              - 74 -
Draft – 7 January 2011



Equality Commission for Northern Ireland
Equality Forum Northern Ireland
Equality Officer - Department of Agriculture and Rural
Development
Equality Officer - Department of Culture, Arts & Leisure
Equality Officer - Department of Education
Equality Officer - Department of Employment and Learning
Equality Officer - Department of Enterprise, Trade & Investment
Equality Officer - Department of Finance & Personnel
Equality Officer - Department of Regional Development
Equality Officer - Department of Social Development
Equality Officer - Department of the Environment
Extern
Extra Care

Face Inclusion Matters
Falls Community Council
Family Care Society
Family Planning Association Northern Ireland
Fermanagh District Council
Fermanagh Women’s Network
Fire Brigade Union
First Key Northern Ireland
Food Safety Promotion Board
Food Standard Agency
Forum for Action on Substance Abuse
Forum for Community Work Education Northern Ireland
Four Seasons Healthcare
Foyle Down’s Syndrome Trust
Foyle Friend
Foyle Newpin Northern Ireland
Foyle Womens Aid

Gay Lesbian Youth Northern Ireland
General Consumer Council for Northern Ireland
General Medical Council
Gingerbread Northern Ireland
GMB Union
Guide Dogs for the Blind Association

Harmony Community Trust
Health and Social Care Board Headquarters
Help the Aged


                              - 75 -
Draft – 7 January 2011



Home Start Northern Ireland

Include Youth
Independent Living Fund
Indian Community Care
Institute of Directors Northern Ireland
Institute of Public Health
Irish Congress of Trade Unions

Japan Society of Northern Ireland

La Societa Italiana Irlanda Del Nord
Larne Borough council
Law Centre Northern Ireland
Lesbian Line
Life Northern Ireland
Limavady Borough Council
Lisburn City Council

Magherafelt District Council
Manufacturing Science & Finance Union
Marie Curie Cancer Care (Belfast)
Mediation Northern Ireland
Mencap
Mental Health Commission
Moderator of the Presbyterian Church of Ireland
Moyle District Council
Mulholland Aftercare Services
Multi- Cultural Resource Centre
Multicultural Group
Multiple Sclerosis Society Northern Ireland

National Deaf Children’s Society
National Society for the Prevention of Cruelty to Children
Nevis HealthCare
Newry & Mourne District Council
Newry & Mourne Senior Citizen’s Consortium
Newry and Mourne Women
Newtownabbey Borough Council
Newtownabbey Senior Citizen’s Forum
Nexus Institute for Northern Ireland
North Down Borough Council
North Eastern Education and Library Board


                                - 76 -
Draft – 7 January 2011



North West Community Network
North West Forum of People with Disabilities
Northern Health and Social Care Trust,
Northern Ireland African Cultural Centre
Northern Ireland Ambulance Service
Northern Ireland Anti-Poverty Network
Northern Ireland Association for Mental Health
Northern Ireland Association for the Care & Resettlement of
Offenders (NIACRO)
Northern Ireland Association of GP Fundholding Practices
Northern Ireland Blood Transfusion Service Agency
Northern Ireland Cancer Registry
Northern Ireland Chest Heart & Stroke Association
Northern Ireland Childminding Association (NICMA)
Northern Ireland Citizen’s Advice Bureau
Northern Ireland Commissioner for Children & Young People
Northern Ireland Confederation for Health & Social Services
Northern Ireland Council for Ethnic Minorities
Northern Ireland Council for Voluntary Action
Northern Ireland Council on Alcohol
Northern Ireland Deaf Youth Association
Northern Ireland Federation of Housing Association
Northern Ireland Federation of Private Members
Northern Ireland Filipino Association
Northern Ireland Fire & Rescue Service
Northern Ireland Foster Care Association (NIFCA)
Northern Ireland Gay Rights Association
Northern Ireland Guardian Ad Litem Service Agency
Northern Ireland Home Accident Prevention Council
Northern Ireland Hospice
Northern Ireland Human Rights Commission
Northern Ireland Medical & Dental Training Agency
Northern Ireland Members of Parliament & Members of the
European Parliament
Northern Ireland Members of the Legislative Assembly
Northern Ireland Mother and Baby Action
Northern Ireland Music Therapy Trust
Northern Ireland Practice Managers Association
Northern Ireland Pre-school Playgroups Association (NIPPA)
Northern Ireland Public Service Alliance
Northern Ireland Social Care Council
Northern Ireland Statistics & Research Agency - The Census
Office


                            - 77 -
Draft – 7 January 2011



Northern Ireland Student Centre
Northern Ireland Volunteer Development Agency
Northern Ireland Women’s European Platform
Northern Ireland Youth Forum

Office of Fair Trading
Omagh District Council
Omagh Ethnics Support Group
Omagh Women’s Area Network

Pakistani Community Association
Parents Advice Centre
Participation & Practice of Rights Project
Patient Client Council - Northern Area
Patient Client Council - Southern Area
Patient Client Council - Western Area
Patient Client Council HQ
Pharmaceutical Contractors Committee
Pharmaceutical Society of Northern Ireland
Playboard Northern Ireland
POBAL
PRAXIS Mental Health
Press for Change
Public Health Agency HQ

Queer Space

Rainbow Project
Rape Crisis & Sexual Abuse Centre
Registered Nursing Home Association
Regulation & Quality Improvement Authority
Relate Northern Ireland
Royal British Legion
Royal College of General Practitioners Northern Ireland
Royal College of Midwives
Royal College of Nursing Northern Ireland
Royal College of Obstetrics & Gynaecologists
Royal College of Psychiatry
Royal College of Speech & Language Therapists
Royal Institute of Chartered Surveyors Northern Ireland
Royal National Institute for Deaf People (RNID)
Royal National Institute for the Blind (RNIB)
Royal Society for the Prevention of Accidents


                              - 78 -
Draft – 7 January 2011



Rural Community Network
Rural Development Council
Rural Support

Samaritans
Save the Children Fund
Senior Researcher - Research & Library Services - Parliament
Buildings
Sense Northern Ireland (National Deaf-Blind & Rubella
Association)
Shelter
Sikh Cultural Centre
Simon Community
Social Care Association
Society & College of Radiographers
Society of Chipodists & Podiatrists
Society of St Vincent de Paul
South Eastern Education and Library Board
South Eastern Health & Social Care Trust
Southern Education and library Board
Southern Health & Social Care Trust
Sperrin Lakeland Senior Citizens Consortium
Staff Commission for Education & Library Boards
Strabane District Council

The Most Reverend The Lord Archbishop of Armagh - Primate of
all Ireland
Threshold
Twins & Multiple Births Association (TAMBA)

Ulster Cancer Foundation
Ulster Chemists Association
Ulster Quaker Service Community
UNISON
UNITE Union
United Kingdom Homecare Association Ltd
Voice of Young People in Care (Northern Ireland)
Voluntary Services Belfast (VSB)

Western Education and Library Board
Western Health & Social Care Trust HQ
Women’s Aid Federation Northern Ireland
Women’s Information Group


                              - 79 -
Draft – 7 January 2011



Women’s into Politics
Women’s Resource & Development Agency
Women’s Support Network

Young Help Trust
Youth Council for Northern Ireland




                              - 80 -
Draft – 7 January 2011



Appendix 4               Timetable for measures proposed
                         (Schedule 9 4.(3) (b))



Measure                    Lead responsibility         Timetable

Minister and               Equality and Human Rights   August / September
Permanent                  Unit                        (annually)
Secretary to review
progress [2.3]

Details of the             Equality and Human Rights   One month after the
Strategic                  Unit                        Equality Commission’s
Management                                             approval of the scheme.
Director notified to
Equality                                               Thereafter, within one
Commission and                                         month of a change of
placed on website                                      personnel.
[2.5]

Section 75 Annual          Co-ordination by Equality   31 August (annually)or
Progress Report            and Human Rights Unit       as soon as possible
[2.10, 2.25, 4.33 and      Input from Directorates     thereafter.
5.7]

Equality Action plan

Consultation on            Equality and Human Rights   [in line with consultation
draft action plan          Unit                        on equality scheme]
[2.23]

Finalised action plan      Equality and Human Rights   Target date 1 May 2011
published                  Unit                        but may be extended
[2.26]                                                 depending on
                                                       consultation responses.

Arrangements for           Equality and Human Rights   December 2010
monitoring progress        Unit
in place
[2.24]

Actions to make            Equality and Human Rights   One month after the
consultees aware of        Unit                        Equality Commission’s
the commitments in                                     approval of the scheme.
the scheme [3.2.6
and 9.3]




                                       - 81 -
Draft – 7 January 2011


Consultation list        Equality and Human Rights   September (annually)
reviewed and             Unit
updated
[3.4]

4.13 Signed off and      Co-ordination by Equality   Ongoing
approved screening       and Human Rights Unit
templates available      Input from Directorates
on the Department’s
website [4.13]

Screening reports        Co-ordination by Equality   Quarterly on an ongoing
published quarterly      and Human Rights Unit       basis. The first report
[4.15]                   Input from Directorates     may be for a longer
                                                     period depending on
                                                     when the Equality
                                                     Commission approve
                                                     the scheme.

 Completed equality      Co-ordination by Equality   Ongoing
impact assessments       and Human Rights Unit
available on the         Input from Directorates
Department’s
website [4.24].

Audit of information     Co-ordination by Equality   Within one year from
systems to complete      and Human Rights Unit       when the Equality
a GAP analysis           Input from Information      Commission’s approve
[4:30]                   Analysis Directorate and    the scheme.
                         HSC bodies as necessary

Monitoring

Review of                Co-ordination by Equality   31 August (annually)or
monitoring               and Human Rights Unit       as soon as possible
information              Input from Directorates     thereafter.
[4.32]

Publication of           Co-ordination by Equality   31 August (annually)or
monitoring               and Human Rights Unit       as soon as possible
information              Input from Directorates     thereafter.
[4.33;4.34]

Training

Development of a         Equality and Human Rights   Within three months of
summary of the           Unit                        the Equality
equality scheme for                                  Commission’s approval
all staff                                            of the scheme.
[5.4]


                                     - 82 -
Draft – 7 January 2011




Staff access to          Equality and Human Rights     Within three months of
scheme and               Unit                          the Equality
procedures to                                          Commission’s approval
handle queries                                         of the scheme.
[5.4]

Staff Briefing           Directorates / Branches       Within three months of
[5.4]                                                  the Equality
                                                       Commission’s approval
                                                       of the scheme.

Evaluation of            Co-ordination by Equality     31 August (annually)or
training                 and Human Rights Unit         as soon as possible
[5.7]                    Input from Directorates       thereafter.

Assessing access to      Co-ordination by Equality     Annually
information and          and Human Rights Unit
services                 Input from Directorates, NI
[6.10; 6.11]             Departments and HSC
                         bodies as necessary

Communication of         Equality and Human Rights     Within three months of
equality scheme          Unit                          the Equality
[9.3]                                                  Commission’s approval
                                                       of the scheme.

Notification of          Equality and Human Rights     Within three months of
consultees               Unit                          the Equality
[9.3]                                                  Commission’s approval
                                                       of the scheme.

Review of equality       Co-ordination by Equality     Within five years of the
scheme                   and Human Rights Unit         Equality Commission’s
[10.1]                   Input from Directorates       approval of the scheme.


There are some proposed measures within this equality scheme
which will only be required if particular circumstances or situations
occur e.g. sections 1.11 and 1.12. Such items have been
excluded from the above table.




                                      - 83 -
Draft – 7 January 2011



Appendix 5               Glossary of terms

Adverse impact
Where a Section 75 category has been affected differently by a
policy and the effect is less favourable, it is known as adverse
impact. If a policy has an adverse impact on a Section 75 category,
a public authority must consider whether or not the adverse impact
is unlawfully discriminatory. In either case a public authority must
take measures to redress the adverse impact, by considering
mitigating measures and/or alternative ways of delivering the
policy.

Arms Length Bodies
Non Departmental Public Bodies in which the department has a
significant shareholding and other sponsored bodies.

Audit of inequalities
An audit of inequalities is a systematic review and analysis of
inequalities which exist for service users and those affected by a
public authority’s policies. An audit can be used by a public
authority to inform its work in relation to the Section 75 equality
and good relations duties. It can also enable public authorities to
assess progress on the implementation of the Section 75 statutory
duties, as it provides baseline information on existing inequalities
relevant to a public authority’s functions.

Consultation
In the context of Section 75, consultation is the process of asking
those affected by a policy (i.e. service users, staff, the general
public) for their views on how the policy could be implemented
more effectively to promote equality of opportunity across the nine
categories. Different circumstances will call for different types of
consultation. Consultations could, for example, include meetings,
focus groups, surveys and questionnaires.


Differential impact
Differential impact occurs where a Section 75 group has been
affected differently by a policy. This effect could either be positive,
neutral or negative. A public authority must make a judgement as
to whether a policy has a differential impact and then it must
determine whether the impact is adverse, based on a systematic
appraisal of the accumulated information.

                                   - 84 -
Draft – 7 January 2011




Discrimination
The anti-discrimination laws prohibit the following forms of
discrimination:
       • Direct discrimination;

       • Indirect Discrimination;

       • Disability Discrimination;

       • Victimisation; and

       • Harassment.

Brief descriptions of these above terms follow:

Direct discrimination:
      This generally occurs where a public authority treats a
      person less favourably than it treats (or, would treat) another
      person, in the same or similar circumstances, on one or
      more of the statutory non-discrimination grounds. A decision
      or action that is directly discriminatory will normally be
      unlawful unless: (a) in an age discrimination case, the
      decision can be objectively justified; or (b) in any other case,
      the public authority can rely on a statutory exception that
      permits it – such as a genuine occupational requirement
      exception; or, a positive action exception which permits an
      employer to use “welcoming statements” or to take other
      lawful positive action to encourage participation by under-
      represented or otherwise disadvantaged groups.

Indirect discrimination:
      The definition of this term varies across some of the anti-
      discrimination laws, but indirect discrimination generally
      occurs where a public authority applies to all persons a
      particular provision, criterion or practice, but which is one
      that has the effect of placing people who share a particular
      equality characteristic (e.g. the same sex, or religious belief,
      or race) at a particular disadvantage compared to other
      people. A provision, criterion or practice that is indirectly
      discriminatory will normally be unlawful unless (a) it can be


                                    - 85 -
Draft – 7 January 2011



       objectively justified, or (b) the public authority can rely on a
       statutory exception that permits it.

Disability discrimination:
     In addition to direct discrimination and victimisation and
     harassment, discrimination against disabled people may also
     occur in two other ways: namely, (a) disability-related
     discrimination, and (b) failure to comply with a duty to make
     reasonable adjustments.
     (a) Disability-related discrimination generally occurs where a
     public authority, without lawful justification, and for a reason
     which relates to a disabled person’s disability, treats that
     person less favourably that it treats (or, would treat) other
     people to whom that reason does not (or, would not) apply.

       (b) Failure to comply with a duty to make reasonable
       adjustments:
       One of the most notable features of the disability
       discrimination legislation is that in prescribed circumstances
       it imposes a duty on employers, service providers and public
       authorities to take such steps as are reasonable to remove
       or reduce particular disadvantages experienced by disabled
       people in those circumstances.

Victimisation:
      This form of discrimination generally occurs where a public
      authority treats a person less favourably than it treats (or,
      would treat) another person, in the same or similar
      circumstances, because the person has previously exercised
      his/her rights under the anti-discrimination laws, or has
      assisted another person to do so. Victimisation cannot be
      justified and is always unlawful.

Harassment:
     Harassment generally occurs where a person is subjected to
     unwanted conduct that is related to a non-discrimination
     ground with the purpose, or which has the effect, of violating
     their dignity or of creating for them an intimidating, hostile,
     degrading, humiliating or offensive environment. Harassment
     cannot be justified and is always unlawful.




                                  - 86 -
Draft – 7 January 2011



Equality Action plan
A plan which sets out actions a public authority will take to
implement its Section 75 statutory duties. It is a mechanism for the
realisation of measures to achieve equality outcomes for the
Section 75 equality and good relations categories.

Equality Action measures and outcomes
Specific measures to promote equality and good relations for the
relevant Section 75 and good relations categories, linked to
achievable outcomes, which should be realistic and timely.

Equality impact assessment
The mechanism underpinning Section 75, where existing and
proposed policies are assessed in order to determine whether they
have an adverse impact on equality of opportunity for the relevant
Section 75 categories. Equality impact assessments require the
analysis of both quantitative and qualitative data.

Equality of opportunity
The prevention, elimination or regulation of discrimination between
people on grounds of characteristics including sex, marital status,
age, disability, religious belief, political opinion, dependants, race
and sexual orientation. The promotion of equality of opportunity
entails more than the elimination of discrimination. It requires
proactive measures to be taken to secure equality of opportunity
between the categories identified under Section 75.

Equality scheme
A document which outlines a public authority’s arrangements for
complying with its Section 75 obligations. An equality scheme must
include an outline of the public authority’s arrangements for
carrying out consultations, screening, equality impact
assessments, monitoring, training and arrangements for ensuring
access to information and services.

Good relations
Although not defined in the legislation, the Equality Commission
has agreed the following working definition of good relations: ‘the
growth of relations and structures for Northern Ireland that
acknowledge the religious, political and racial context of this
society, and that seek to promote respect, equity and trust, and
embrace diversity in all its forms’.



                                - 87 -
Draft – 7 January 2011



Mainstreaming equality
The integration of equal opportunities principles, strategies and
practices into the every day work of public authorities from the
outset. In other words, mainstreaming is the process of ensuring
that equality considerations are built into the policy development
process from the beginning, rather than being bolted on at the end.
Mainstreaming can help improve methods of working by increasing
a public authority’s accountability, responsiveness to need and
relations with the public. It can bring added value at many levels.

Mitigation of adverse impact
Where an equality impact assessment reveals that a particular
policy has an adverse impact on equality of opportunity, a public
authority must consider ways of delivering the policy outcomes
which have a less adverse effect on the relevant Section 75
categories; this is known as mitigating adverse impact.

Monitoring
Monitoring consists of continuously scrutinising and evaluating a
policy to assess its impact on the Section 75 categories.
Monitoring must be sensitive to the issues associated with human
rights and privacy. Public authorities should seek advice from
consultees and Section 75 representative groups when setting up
monitoring systems. Monitoring consists of the collection of
relevant information and evaluation of policies. It is not solely about
the collection of data, it can also take the form of regular meetings
and reporting of research undertaken. Monitoring is not an end in
itself but provides the data for the next cycle of policy screening.

Non Departmental Public Body
This is a body which has a role in the processes of government,
but is not a government department or part of one. NDPBs
accordingly operate at arm's length from NI Departments.

Northern Ireland Act
The Northern Ireland Act, implementing the Good Friday
Agreement, received Royal Assent on 19 November 1998. Section
75 of the Act created the statutory equality duties.

Northern Ireland Human Rights Commission
A statutory body established under Section 68 of the Northern
Ireland Act 1998, which works to ensure that the human rights of



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everyone in Northern Ireland are fully protected in law, policy and
practice.

Northern Ireland Statistics & Research Agency (NISRA)
The Northern Ireland Statistics and Research Agency (NISRA) is
an Executive Agency within the Department of Finance and
Personnel (DFP). They provide statistical and research information
regarding Northern Ireland issues and provide registration services
to the public in the most effective and efficient way.


OFMdFM
The Office of the First Minister and deputy First Minister is
responsible for providing advice, guidance, challenge and support
to other NI Civil Service Departments on Section 75 issues.

Policy
The formal and informal decisions a public authority makes in
relation to carrying out its duties. Defined in the New Oxford
English Dictionary as ‘a course or principle of action adopted or
proposed by a government party, business or individual’. In the
context of Section 75, the term policies covers all the ways in
which a public authority carries out or proposes to carry out its
functions relating to Northern Ireland. Policies include unwritten as
well as written policies.

Positive action
This phrase is not defined in any statute, but the Equality
Commission understands it to mean any lawful action that a public
authority might take for the purpose of promoting equality of
opportunity for all persons in relation to employment or in
accessing goods, facilities or services (such as health services,
housing, education, justice, policing). It may involve adopting new
policies, practices, or procedures; or changing or abandoning old
ones. Positive action is not the same as positive discrimination.
Positive discrimination differs from positive action in that positive
action involves the taking of lawful actions whereas positive
discrimination involves the taking of unlawful actions.
Consequently, positive action is by definition lawful whereas
positive discrimination is unlawful.

Qualitative data
Qualitative data refers to the experiences of individuals from their


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perspective, most often with less emphasis on numbers or
statistical analysis. Consultations are more likely to yield qualitative
than quantitative data.

Quantitative data
Quantitative data refers to numbers, typically derived from either a
population in general or samples of that population. This
information is often analysed by either using descriptive statistics,
which consider general profiles, distributions and trends in the
data, or inferential statistics, which are used to determine
‘significance’ either in relationships or differences in the data.

Screening
The procedure for identifying which policies will be subject to
equality impact assessment, and how these equality impact
assessments will be prioritised. The purpose of screening is to
identify the policies which are likely to have a minor/major impact
on equality of opportunity so that greatest resources can be
devoted to improving these policies. Screening requires a
systematic review of existing and proposed policies.

Schedule 9
Schedule 9 of the Northern Ireland Act 1998 sets out detailed
provisions for the enforcement of the Section 75 statutory duties,
including an outline of what should be included in an equality
scheme.

Section 75
Section 75 of the Northern Ireland Act provides that each public
authority is required, in carrying out its functions relating to
Northern Ireland, to have due regard to the need to promote
equality of opportunity between:
    persons of different religious belief, political opinion, racial
      group, age, marital status and sexual orientation;

    men and women generally;

    persons with a disability and persons without; and

    persons with dependants and persons without.

Without prejudice to these obligations, each public authority in
carrying out its functions relating to Northern Ireland must also

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have regard to the desirability of promoting good relations between
persons of different religious belief, political opinion or racial group.

Section 75 investigation
An investigation carried out by the Equality Commission, under
Schedule 9 of the NI Act 1998, arising from the failure of a public
authority to comply with the commitments set out in its approved
equality scheme.
There are two types of Equality Commission investigation, these
are as follows:

1. An investigation of a complaint by an individual who claims to
have been directly affected by the failure of a public authority to
comply with its approved equality scheme;

2. An investigation initiated by the Equality Commission, where it
believes that a public authority may have failed to comply with its
approved equality scheme.




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