Continuing Professional Development (CPD) system in Tier 4 of the Agricultural Reform Programme: Equality impact assessment – Record

Stage 1: Framing

Results of framing exercise

The framing exercise on the CPD system builds on a number of consultation activities:

• Agriculture Transition in Scotland: first steps towards our national policy, August 2021
• Delivering our Vision for Scottish Agriculture: Proposals for a new Agriculture Bill August 2022
• The consultation by the Rural Affairs and Islands Committee, Scottish Parliament, into the Agriculture and Rural Communities (Scotland) Bill as well as the evidence sessions on the Bill and amendments to the Bill, and
• An informal consultation - “An Agricultural Knowledge and Innovation System (AKIS) in Scotland: a paper for informal discussion”, November 2023-February 2024 (not formally published but circulated among stakeholder organisations).
• A discussion paper for stakeholder organisations which set out some key proposals and consideration of their impacts on stakeholder organisations.

The Consultation Agricultural Transition in Scotland

The consultation Agriculture Transition in Scotland: first steps towards our national policy asked the question “Should continuing professional development be mandatory for businesses receiving public support funding?”.

An analysis of the responses to the consultation recognised the value of knowledge exchange, skills development and innovation in business. Many respondents described them as vital, critical, salient, fundamental and essential for the future of the agricultural industry.

The responders provided a range of comments on equality, though this was not in terms of the protected characteristics, but of equality of access. They called for more high quality, relevant and specialised training for the workforce, at both beginner and advanced level. Some stressed the importance of creating opportunities and resources for learning which are accessible and widely available to the workforce. Respondents highlighted the need for free or low-cost training opportunities which are either available online or require minimal travel. A few felt that CPD opportunities should be funded or subsidised by the Government.

Delivering our Vision for Scottish Agriculture: Proposals for a new Agriculture Bill

The “Delivering our Vision for Scottish Agriculture: Proposals for a new Agriculture Bill” included a question to assist in determining the extent and level of EQIA required such as:

“Are you aware of any examples of how the proposals in this consultation may impact, either positively or negatively, on those with protected characteristics (age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex and sexual orientation)? Please give reasons for your answer.”

The consultation analysis noted that most responses did not give any examples of how the proposals in the consultation may impact those with protected characteristics.

It noted that some of the specific points were:

• there was a lack of focus on the impacts or inclusion of women throughout the consultation document,
• the impact of additional red tape on those with dyslexia,
• increased technological solutions impacting older people who may not have confidence with technology,
• little detail in the consultation in terms of support for young people,
• insufficient detail in the consultation on the impact of protected characteristics and that analysis needs to take place.

Further to this consultation there was substantial stakeholder engagement through the public consultation with nine in person events throughout Scotland (Inverness, Skye, Aberdeen, Oban, Scottish Borders, Stirling, Dumfries and Galloway, Ayrshire, and Orkney). In addition, five online events designed to ensure that views from across Scotland were heard.

Agriculture and Rural Communities (Scotland) Bill

Responses to the Rural Affairs and Islands Committee consultation on the Agriculture and Rural Communities (Scotland) Bill from stakeholders made a number of points about the CPD system. This included what CPD should and should not be and what a CPD system should look like. They noted the importance of accessibility to all persons using the system. They raised the point that there was a lot of anxiety about taking on training and learning activities and that not only did the farmer need support but so did the other members of his / her family and community. It was noted that advisors needed to have appropriate training. There was a need to know what would be counted as CPD.

Most of the responses to the consultation did not refer to issues of CPD in terms of protected characteristics. However, there were a number of references to issues of age (and particularly in regard to new entrants into the sector) and disability – especially dyslexia, which is generally considered to be at a higher level in agriculture than in other sectors.

Oral evidence collected by the Rural Affairs and Islands Committee on the Bill noted the importance of CPD and the character of the system that should be introduced. Evidence noted that:

• the demand for CPD varied across agriculture;
• new entrants were seen to be looking for training and short courses by comparison to other groups;
• a “lot of employers” did not have the funds to put young employees through the training that they required;
• there was a need to have regard to barriers to entry for women and new entrants;
• while there were grants for women in agriculture, these should also be extended to men, and there should be a young person agriculture grant;
• peer to peer learning and training was important for farmers and crofters learning from one another.

It was noted that Dyslexia Scotland had estimated that around 25 per cent of Scotland’s farmers suffer from dyslexia to one degree or another and that this needed to be factored into the design of CPD.

During the consideration of amendments on CPD in Stage 2 of the Bill, the Scottish Government introduced amendments to extend the different groups that could be brought within the scope of the CPD system and therefore ensure their inclusion. In discussion of the proposed amendments, it noted its intention to co-design the CPD system involving a wide range of stakeholders. This would help to consider and address matters such as the formats of CPD activities, scale and scope, and who might undertake CPD and in what circumstances. It noted that it would be important to consider affordability and availability of CPD activity as well as the need to monitor, evaluate and review what worked and what could be improved in a meaningful way. It also noted its aim to formally consult on the CPD regulations.

In Stage 3 of the Bill, amendments that were brought forward and accepted included ones that related to the inclusion of exemptions from undertaking CPD for persons in particular circumstances; recognition of the importance of peer-to-peer learning; the need for the Scottish Ministers to consult before making regulations relating to the CPD system and for monitoring and evaluation of the system.

There was also continued discussion on the need for affordability and accessibility of activities, including the cost to users. Importantly, this led to the inclusion of a requirement that CPD activities are to be undertaken only where it is appropriate and proportionate to do so.

The Scottish Government stated that it intended to create a CPD system that supported and empowered the individual to perform at their best without being unfair or unduly burdensome. It also noted that matters of affordability and accessibility would be considered as part and parcel of a BRIA and other impact assessments linked to the introduction of secondary legislation where appropriate.

Informal consultation on the AKIS

The informal consultation on the AKIS (November 2023-February 2024) asked a number of questions about promoting diversity and general renewal within the AKIS, encouraging new entrants and succession, what new groups might benefit from engagement through the AKIS, as well as demonstrating competence through apprenticeships. In respect of CPD, it asked about the activities that should be made available in the CPD system as well as the support needed to encourage the uptake of CPD.

The evidence gathered from key stakeholders – all organisations - noted that there was a need for a fair and equitable introduction of CPD; there needed to be accessibility for all; there needed to be recognition of the high levels of dyslexia in Scottish agriculture; neurodiversity needed to be considered and that different people learned better in different ways; that the most appropriate learning methods would vary greatly from farmer to farmer and from subject to subject; crofters of all ages and regardless of their time in crofting should have the same opportunities to share knowledge and benefit from training opportunities; there should be a wide range of delivery mechanisms available; peer-to-peer learning, particularly discussions with other farmers, were seen to be the most helpful way to gather information or upskill.

The points covered included ones that had already been made by stakeholders during the passage of the Agriculture and Rural Communities (Scotland) Bill. Indeed the Bill consideration was being undertaken at the same time as the informal consultation.

Discussion paper for stakeholder organisations

The discussion paper asked about a number of key points for discussion with organisations in the agriculture sector about the proposed CPD system. These focused on what were the impacts of the proposals on the organisations. Specifically, we wanted organisations to start to think about what initiatives they currently provide that could help contribute towards CPD and how and what support they could provide to their members and others in the agriculture sector, and to hear about and understand the potential impacts of the key points on organisations and the wider agriculture sector.

The points covered included ones that had already been made by stakeholders For individuals and businesses, this included for example, issues of accessibility, fairness of access, flexibility of CPD system and activities and the high levels of dyslexia in the sector. For organisations, there was recognition that CPD could bring opportunities, but also additional administrative burdens. There was a great need to have a communications around CPD, what it was and what it meant for users.

The policy for the CPD system reflects the stakeholder feedback received on all of these consultations a d discussions with stakeholders.

Key findings

The results of the framing exercise highlighted that there was varying consideration given to the policy of the CPD system in respect of all the protected characteristics, especially pregnancy and maternity, religion or belief, gender reassignment, sexual orientation, race, and marriage and civil partnership. In general, there was greater awareness of the impacts on age, disability and sex.

On age, there was a recognition that different age groups engaged with technology in different ways and that that they had different ways of learning. There was a recognition that the older age groups may find it more difficult to engage with the system as they had been learning throughout their careers and did not like to be told what to do.

On disability, there was general awareness of the high level of dyslexia within the agriculture sector. There was a recognition that this was a significant barrier to undertaking and uptake of CPD.

On sex, there was general awareness of the work being undertaken through the Women in Agriculture Policy to provide opportunities for women. Some stakeholders noted that it was also important to ensure that these opportunities were also given to other groups so that they did not lose out. There was recognition of the barriers facing women participating in development activities for example as a result of childcare needs.

Extent/Level of EQIA required

Following initial consideration of evidence in Stage 1 of the EQIA, it is clear than the CPD system has the potential for significant impact on equality in groups agriculture and crofting, and in

those that provide support and knowledge to agriculture. It directly addresses issues around protected characteristics, particularly age, Disability, Sex, Pregnancy and Maternity, Religion or belief and marriage and civil partnership (as CPD relates to personal and professional development). There are also considerations around gender reassignment where there may be CPD activities that are specifically related to women, and other characteristics that closely relate with sex.

It is clear that a more in-depth EQIA is needed to ensure that due regard has been made to all aspects of the Equality Duty in eliminating discrimination, promoting equality of opportunity and fostering good relations.