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

Stage 4: Decision making and monitoring

Identifying and establishing any required mitigating action

Consideration of impacts

Have positive or negative impacts been identified for any of the equality groups?

Result of findings

Yes – all positive

Consideration of impacts

Is the policy directly or indirectly discriminatory under the Equality Act 2010^[3]?

Result of findings

No

Consideration of impacts

If the policy is indirectly discriminatory, how is it justified under the relevant legislation?

Result of findings

n/a

Consideration of impacts

If not justified, what mitigating action will be undertaken?

Result of findings

n/a

Describing how Equality Impact analysis has shaped the policy making process

The process of undertaking this EQIA has been helpful in considering the EQIA process in relation to the CPD system, including the different aspects of it (CPD portal for recording CPD activities and the provision of some CPD activities to be undertaken). At the start of the policy planning for the development of the CPD system, accessibility, including ease of accessibility, affordability, and a need for diversity of activities were all identified as key issues. These have continued to be emphasised throughout the development of the policy, with further evidence being provided through consultation, and also throughout the undertaking of this EQIA.

The CPD portal which records CPD that is undertaken and provides a record of it for all individuals using the system, does not in general in itself, have an impact on the protected characteristics. However, the need to have exemptions from undertaking CPD – which is common to all CPD recording systems used by professions that require compulsory CPD to be undertaken – impacts on a number of characteristics such as pregnancy and maternity and disability. In these systems, it is up to persons to decide whether they want to apply for an exemption or to continue their CPD at a particular time. Having exemptions could be seen as a positive impact; they do not discriminate against people with these characteristics.

It is expected that the CPD portal would be an online one, as is normally provided in other sectors. We are aware of the older age profile in agriculture and crofting, and that some persons may not be as comfortable engaging with online systems. The ease of access and design of the system and guidance will therefore be especially important. We are aware of the high level of dyslexia in the agriculture sector and will need to ensure that the portal takes their needs into account.

The CPD activities that are to be undertaken, whether provided under the CPD system or through other provision throughout the agriculture and crofting sector, or from other sectors, can be seen to have positive effects, both directly and indirectly. This is seen for all the protected characteristics. However, as we continue to develop the CPD system, we will need to carefully consider how CPD activities that are provided under the system take into account protected characteristics. For example, while it is intended that for example events provided under the Farm Advisory Service can be undertaken by all persons, there may be some which are focused at women, for example under the Women in Agriculture Programme, and the service will need to consider issues around access by males and transgender people.

The need to provide CPD activities has made us think especially about age and disability. We know that people from different age groups prefer to learn in different ways and that we need to ensure that this is built into the development of the different types of activities that are provided. We were aware of the extent and impact of dyslexia in the agriculture and crofting sectors, and this has been repeatedly brought to our attention. This would help us to develop the CPD portal and associated activities in a positive way to ensure equality. It has also made us think about how we could use the CPD system to promote good relations between those of protected characteristics and those who do not share them.

The EQIA has highlighted that there are gaps in data throughout the industry. There is a need for data collection in agriculture in relation to disability, ethnicity and sexual orientation so that we can better understand the people and their protected characteristics in the sector and the patterns of inequality that may exist. We will seek to address these gaps and use any new data that is provided to help address issues of inequality that come to light.

While there is some good data for the agriculture sector, the CPD system goes beyond the scope of the persons who are counted in that data. We have not been able to identify key data relating to the persons who provide advice and services to agriculture. We will use the CPD consultation to identify whether there is data available and as an opportunity to gather further evidence on these persons, especially the impact of it on the protected characteristics.

Monitoring and Review

Monitoring of the CPD system would be a legal requirement in section 31 of the Agriculture and Rural Communities (Scotland) Act 2024. It sets out that Scottish Ministers must monitor the impact of the CPD scheme and prepare a report on its impact and effectiveness. We would ensure that this includes consideration of the data that is collected on the protected characteristics. This would help to inform any changes to the CPD system.

In addition to this legal requirement, data would be collected where possible on participants to evaluate their experiences of the CPD system. If it was found that certain groups were not participating in the system or are slow to engage with it we would take steps to address this, particularly though communications and promotional materials.

As noted, Scottish Ministers have not made any decisions on the CPD system.