Public participation dynamic purchasing system (DPS): equality impact assessment

Key findings

At this time it is not possible to determine the extent to which this policy will directly or indirectly impact on people in relation to their protected characteristic(s) as it will depend on the scope of each commission.

It is our intention to support positive impacts in relation to eliminating unlawful discrimination, advancing equality of opportunity and fostering good relations. The overarching principles of participation fundamentally support these requirements set out in the public sector equality duty. The establishment of the public participation DPS will actively seek to improve the way people are involved in government decision-making, and will aim to provide a route for more opportunities for people to influence policies and decisions that affect them.

A number of measures have been taken at the DPS level to directly support the positive implementation of the PSED requirements. These measures have been informed following the evidence and data gathering stages, to promote diversity and inclusion:

1. The DPS is being established to support a more co-ordinated, consistent and routine approach to involving those who are seldom heard and furthest from decision making in government decisions that affect them. The DPS will function on the basis of the IPDD principles, values and standards for public participation in Scotland. Guidance will be provided for staff based on these principles and values.

2. The DPS will have a particular focus on supporting the engagement of people who are seldom heard and furthest from decision making. Suppliers who have demonstrated the skills, expertise and trusted relationships to best work with and engage groups outlined on page 3 will be appointed to the DPS.

3. Suppliers appointed to the DPS will be evaluated on criteria relating to how inclusive, safe, respectful and accessible their practices are in relation to the scope of each lot and the communities each lot is intended to support.

4. A bespoke buyers guide will be developed to support Scottish Government staff to use the DPS. It will cover areas including:

• Things to do, know and think about before engaging with the Public Participation DPS. This will aim to improve staff understanding of the purpose of their desired engagement work and outcomes; the scope of meaningful influence available to participants, and; if any related engagement has been carried out recently. This will also seek to reduce the risk of duplication of engagement work
• Guidance around intersectionality and equalities, rights based and people centred approaches, and safeguarding measures. In particular, how the guidance shared on these topics can be implemented in practice when using the DPS
• Important features of writing and developing a commission for public participation work, including a clear engagement plan and strategy, the importance of feedback to participants, and the need to budget for payment of participant expenses and compensation of time in line with Scottish Government guidance^[3]
• Ways of working to support suppliers to bid and deliver work to the best of their abilities. This will include, for example, guidance around building in flexibility into commissions, as participation can oftentimes be a longer term process that is not linear in its timescales and outputs

5. Policy and analytical teams will be expected to engage with equalities early in the design of any commission through the DPS. Relevant equality focused policy teams, as referenced at page 5, will ensure guidance in the buyers guide for staff outlines key considerations when engaging with people with certain protected characteristics.

6. Teams will also be expected to ensure consideration of the need for any external, experienced facilitation skills, and/or application of safeguarding measures, such as pastoral support and trauma informed approaches.

7. Evaluators for applications to the DPS can include, where required and available, representation from relevant staff members with protected characteristics that would support the fairer assessment of bids.

8. A dedicated working group has been established internally with relevant policy officials and analysts from policy areas referenced on page 5. The group has a focus on equalities to ensure the DPS and its development continues to be informed by expertise in these areas, enabling improvement focused feedback. The group will be involved in periodic reviews of the buyers guide to ensure it is reflecting and meeting the needs of staff.

9. Work commissioned through the DPS will help to form a central evidence bank for Scottish Government staff. This will aim to support learning and awareness of engagement work being undertaken across policy and analytical teams, and to avoid duplication. Equality considerations and actions taken by teams to support and mitigate against any negative implications will be captured.

10. The DPS Manager will also conduct ongoing monitoring of equality impacts.

The EQIA analysis has re-enforced the need for guidance accompanying the DPS to be clear for staff around the central role of protected characteristics in the design of a participatory commission. This guidance should include the different approaches, budgets or methods that may be required to best respond to, and create the conditions to, eliminate unlawful discrimination, harassment and victimisation; advance opportunity and; promote good relationships in government led participation opportunities.

The EQIA has helped us to develop better outcomes for people and communities by supporting the extensive framing exercises that were undertaken to develop the DPS. The framing stage, conducted from winter 2023 to autumn 2024, provided us the time to reflect and act on the evidence, advice and perspectives internal teams and external organisations shared with Scottish Government during this stage.

The EQIA has also demonstrated a need to consider how the DPS will foster and measure the promotion of good relations. Following the completion of the EQIA, we will build guidance into the buyers guide to support staff to meet this public sector equality duty when using the DPS. We can also look to include this requirement as part of the evaluation process for the DPS, such as the voluntary annual reviews we intend to carry out.

The configuration of the DPS and its policy objectives aim to support intersectional and human rights impacts by involving more people in the work of government, and in decisions that affect them. The buyers guide that will support staff to use the DPS will set out information on rights based approaches, person centred approaches and intersectionality. The DPS manager will advise policy and analytical teams to consider intersectionality when procuring through this DPS.