Equality Impact Assessment for Continuing Professional Development (CPD) system in Tier 4 of Agricultural Reform Programme

Background

Policy aim

The CPD (Continuing Professional Development) system would provide specific occupational groups within agriculture and crofting with a framework to undertake CPD and participate in a range of CPD activities. CPD relates to any type of learning that is undertaken that increases knowledge, understanding and experiences of a subject area or role.

The policy could contribute to the following national outcomes: we have a globally competitive, entrepreneurial, inclusive and sustainable economy; we live in communities that are inclusive, empowered, resilient and safe; we have thriving and innovative businesses, with quality jobs and fair work for everyone; we are well educated, skilled and able to contribute to society; we respect, protect and fulfil human rights and live free from discrimination.

Background

The need for enhanced fit-for-purpose training, education and skills to enable farmers to improve their profitability and to become greener was highlighted by the national discussion on the future of Scottish agriculture in 2015-16. A future strategy for Scottish agriculture of May 2018, recommended that “new policies must include a major increase in knowledge transfer effort, to help the industry reap the benefits of both existing and new research and development on, for example, reducing animal diseases or improving soil organic matter.” It also recommended that “there should be more advice and training, and in particular greater emphasis on business skills, as well as technical farming and land management skills.”

The responses to the Scottish Government’s consultation Agriculture Transition in Scotland: first steps towards our national policy of August 2021, continued to show the importance attached to knowledge exchange, skills development and innovation in agriculture, with most respondents attaching a high level of importance to them. Many respondents described them as vital, critical, salient, fundamental and essential for the future of the agricultural industry.

The consultation asked the question “Should continuing professional development be mandatory for businesses receiving public support funding?”. There were mixed responses over whether CPD should be mandatory for businesses receiving public support. However, half of the respondents to the consultation (49%) agreed that continuing professional development (CPD) should be a mandatory condition for businesses to receive publicly-funded support. Just over a quarter (27%) disagreed, and the remaining ones were unsure (18%) or did not answer (5%). Similar levels of agreement for mandatory CPD were recorded by individuals (50%) and organisations (46%). However, individuals were more likely to disagree with mandatory CPD (compared to 21% of organisations).

The Scottish Government’s Vision for Agriculture, published in March 2022, outlined our long term vision to transform how we support farming and food production in Scotland to become a global leader in sustainable and regenerative agriculture. It states that it will work with and alongside farmers, crofters and land managers to ensure that they have the right support to identify and develop the skills needed for regenerative and sustainable farming, changes of land use and adaptation to the changing climate and encourage co-operative approaches to optimise collaboration and knowledge exchange.

In August 2022, the Scottish Government ran a public consultation entitled Delivering our Vision for Scottish Agriculture: Proposals for a new Agriculture Bill. This consultation set out proposals to deliver the Scottish Government’s Vision for Agriculture, including its proposals for skills, knowledge transfer and innovation. On the support for knowledge transfer, innovation and skills development, the vast majority (92%) of respondents to this question agreed that support should continue to be provided in the area of skills, knowledge transfer, and innovation, while 3% disagreed. Many respondents noted that this support was crucial in order for there to be thriving agricultural, crofting and agricultural sectors in the future. Support was viewed as vital to attract new entrants into the sector and encourage new delivery methods, innovative solutions, and explore activities through acquiring new skills and from learning from other areas. There were also calls for a greater emphasis on continuous improvement.

The resulting Agriculture and Rural Communities (Scotland) Bill was laid before the Scottish Parliament in September 2022. The Agriculture and Rural Communities (Scotland) Act 2024 was passed by parliament on 18 June 2024 and received Royal Assent on 30 July 2024. It provides the legal framework to deliver a number of policies including:

• the Scottish Government’s Vision for Agriculture;
• the National Performance Framework outcomes;
• Programme for Government policy programme priorities;
• emissions and nature restoration targets;
• building on minimum regulatory standards;
• Just Transition which supports agriculture, land integration and land use change in a way that follows the Just Transition principles;
• A system for CPD – Continuing Professional Development;
• Support for knowledge, innovation, education and training;
• value for money; and
• broad alignment to EU CAP objectives.

The Act sets out that Scottish Ministers may make regulations that impose CPD requirements on a range of specific occupational groups. These are farmers, crofters, land managers, those who work in agriculture (whether or not as employees) such as farm workers or family members or friends who assist with farming activities or other persons directly or indirectly connected with farming etc or the wider rural economy.

The immediate objective of establishing a CPD system would be to encourage and facilitate personal and professional development, and improvement in practices, in agriculture, land management and other associated vocational fields.

CPD forms part of Tier 4 (“complementary support”) of the Agricultural Reform Programme. Whilst it is a standalone Tier, it also underpins and helps to support the other Tiers.

The CPD system is in essence a framework to support personal and professional development. While a CPD system has requirements that are to be met by an individual, they also have some flexibility in how they can undertake aspects of their personal and professional development to meet their needs.

The Scottish Government does not currently provide a CPD system for farmers, crofters and land manager or others involved in Scottish Government, though a number of industry bodies, including AHDB do. However, it does provide a range of support through the Farm Advisory Service, and its range of knowledge activities. There are also opportunities through KTIF – Knowledge Transfer and Innovation Fund. Skills support is provided for example through the Practical Training Funds, including the Next Generation Practical Training Fund. All of these can be used to contribute to an individual’s CPD. Other organisations across the sector provide a range of activities – including seminars, meetings, farm visits - that can also count towards CPD.

In the autumn of 2026 the Scottish Government is consulting on a CPD system as part of Tier 4 of the Agricultural Reform Programme. The consultation asks a series of questions about proposals for a system, including approaches that could be undertaken and policies. Scottish Ministers have not taken any decisions on the introduction of the CPD system, its approach and policies. The consultation will provide further evidence to inform any decisions that they make on such a system in due course.

Who would the CPD system affect?

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

The CPD system would apply to particular groups of people (and individuals within them) including farmers, crofters, land managers, persons who provide relevant advice to them, as well as others who provide advice or services in or for rural communities throughout Scotland. The system would include a CPD portal for recording CPD activities as well as the provision of some CPD activities to be undertaken. Persons would undertake a wide range of activities which can also be provided throughout the agriculture, crofting and other sectors. So too would businesses which employ these individuals. Also affected would be ones that provide a range of activities that can count as and contribute to CPD.

The CPD system could have a number of benefits. This would be for all individuals engaged in it and more broadly for individuals within a business as a whole, and businesses. It could encourage and facilitate personal and professional development and improvement in practices in agriculture, land management and other associated vocational fields. This could enable individuals to keep knowledge and skills up to date, provide ongoing personal development, help them manage change and transition, help businesses remain competitive, and contribute to the professionalisation of the sector.

Indirectly, it could help to promote the importance of ongoing development and learning, provide evidence to enable an individual to continue to progress in their career, provide a better career structure in the sector, highlight how knowledge and skills can benefit a business.

The CPD system would not directly impact on persons with protected characteristics. The intention is that the policy would apply equally across occupational groups in agriculture and crofting, such as farmers, crofters, land managers and persons who provide relevant advice to these groups of people as well as other specified persons providing advice or services in or for rural communities. It would be designed to do so in a way that is non-discriminatory in terms of what the system does, its availability (e.g. irrespective of locale) and who it applies to.

The system would not indirectly impact on persons with protected characteristics. As noted, the intention is that the policy would apply equally across occupational groups in agriculture and crofting.

The Scope of the EQIA

The CPD system would provide specific occupational groups in agriculture and crofting with a framework to undertake CPD and participate in a range of CPD activities. These could help them to develop personally and professionally as well as help to meet the outcomes in the Vision for Scottish Agriculture and more broadly Scottish Government outcomes. The system would be rolled out across Scotland.

The Scottish Government has considered the CPD system against the needs of the general equality duty set out in section 149 of the Equality Act 2010 to eliminate unlawful discrimination, harassment and victimisation, advance equality of opportunity between people who share a protected characteristic and those who do not, and foster good relations between people who share a protected characteristic and those who do not. The Scottish Government has also considered whether the measures could constitute direct and/or indirect discrimination.

Specifically, the EQIA considers impacts on equalities groups based on three tests it is required to address:

• Does the policy eliminate discrimination for each of the nine protected characteristics? Is not the discrimination justifiable? Can it be mitigated?
• Does this policy advance equality of opportunity between people who share a protected characteristic and those who do not?
• Does this policy foster good community relations between people who share a protected characteristic and those who do not?

There has been extensive discussion and consideration with agricultural stakeholders about what the CPD system would look like, including its general principles. For example, during the passage of the Agriculture and Rural Communities (Scotland) Bill through the Scottish Parliament, comments were made on these subjects by a number of key stakeholders including Lantra (Scotland), James Hutton Institute, NFU (Scotland), Nourish Scotland, Nature Friendly Farming Network, SRUC, Scottish Crofting Federation, RSPB Scotland, and a number of individuals. Discussions with these, and other stakeholders were also held as part of the informal consultation on the Agricultural Knowledge and Innovation System (AKIS).

These discussions and considerations have helped to highlight the existing and potential impacts – positive and negative – that the CPD system might have on the protected characteristics. This EQIA has also used recently made available information and evidence and analysis as part of the decision-making process.

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

• The consultation Agriculture Transition in Scotland: 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” (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 noted equality, not in terms of the protected characteristics, but in terms 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.