Public procurement strategy: equality impact assessment

Equality impact assessment (EQIA) for the Public Procurement Strategy for Scotland.


Equality Impact Assessment Record

Title of policy/ practice/ strategy/ legislation etc.

Plan for the Future – A Public Procurement Strategy for Scotland

Minister

Ivan McKee, Minister for Business, Trade, Tourism & Enterprise

Lead official

Kirsty Lamb

Officials involved in the EQIA

Kirsty Lamb - PMO Team

Ben Graham - PMO Team

Hugh Stevenson - PMO Team

Laura Furie - PMO Team

Susan Gardiner - Senior Research Officer, PCPS

Directorate: Division:

Scottish Procurement & Property Directorate

Directorate Business Management Unit

Is this new policy or revision to an existing policy?

New Policy

Screening

Policy Aim

The Public Procurement Strategy for Scotland will set the strategic direction for the procurement leadership of public bodies. It will support public bodies in drafting their organisational procurement strategies and facilitate greater alignment and efficiencies across the public sector.

The intention behind developing a public procurement strategy is to supply a future high-level vision and roadmap for Scottish public procurement in the longer term which all public sector bodies can align and deliver against.

Policy Context

In May 2021, SPPD published the findings of commissioned research conducted by Proxima to support the development of a Plan for the Future.

Among the findings of the research was the following:

"The independent view from Proxima is that Scottish Public Sector Procurement, led by the SPPD and the PPG – and including those Procurement leaders delivering excellence within wider Contracting Authorities, working to a set of strategic objectives over a five-year period, as part of a new National Procurement Strategy, can move Procurement within Scotland from 'good to great' and from 'best in class to truly world class'.

This National Procurement Strategy should be designed at the outset to achieve and maintain the 'culture of cohesive collaboration' as described by the Minister for Trade, Innovation and Public Finance, through continuing to foster and deliver procurement excellence at the local level and through working proactively with suppliers and the supply chain throughout Scotland."

As per the above, the desired outcome of the Public Procurement Strategy for Scotland is to give rise to a an ever more capable and cohesive public procurement community, increasing the public sector's capacity to deliver for the people and communities of Scotland.

The Public Procurement Strategy for Scotland will contribute to the following National Outcomes:

  • Economy
  • Communities
  • Environment
  • Fair Work & Business
  • Education
  • Health
  • Poverty

The Public Procurement Strategy for Scotland seeks to embed policies and initiatives which will underpin, support and enable the delivery of the National Outcomes. With a strong change agenda and wide engagement activity, Procurement Professionals, suppliers, and other stakeholders will be aware of the Public Procurement Strategy for Scotland to allow alignment of activity collectively towards the aims of the National Outcomes.

Who will it affect?

The strategy will be addressed to Scottish public bodies who intend to publish either a procurement strategy, and/or annual procurement report, from the period 2023-2028. Presently Regulations 15 and 18 of the Procurement Reform (Scotland) Act (2014) mandates the creation and publication of each of the above by public bodies with an annual procurement spend in excess of £5m, with applicability for those who publish formal annual procurement reports.

Therefore, potential affects extend to everyone who is in receipt of the services provided by a given public sector organisation. Indeed, it's fair to say that certain aspects of the strategy – for example, those parts relating to commercial value – do pose the risk of such messages being interpreted by public bodies as encouraging the economising of costs to the extent of depleting the quality/availability of certain services.

Any policy influencing the strategic direction of service providers presents a substantial likelihood of having impacts upon those in receipt of public services. The Public Procurement Strategy for Scotland is an overarching Strategy which reflects the specific policies and initiatives that will directly have impacts. Those likely to be dependent on the service provision of public sector bodies include:

Local Authorities

  • Members of the General Public living in the local authority area.
  • The Local Authority community and community groups
  • Business and suppliers working within a local authority

NHS

  • Members of the General Public using National Health services
  • Professionals working for the National Health services
  • Business and suppliers working with the National Health services

Universities and Colleges

  • Students enrolled, considering enrolment and alumni of the University or College
  • Professionals working for the University or College
  • Business and suppliers working with the University or Colleges

Central Government Organisations

  • Stakeholders that engage with the different Central Government Organisations
  • Professionals working for the Central Government Organisations
  • Business and suppliers working with the Central Government Organisations

The direct benefit of the Public Procurement Strategy for Scotland will be a consistent direction across the whole of Scottish Public Sector Procurement towards delivery of the same overarching strategy. As the Strategy is at a Scottish wide level, there are a lot of impacts that were discussed, however it was determined that the impacts would be at a Sectorial or Organisational level, rather than in this very high-level Strategy. Direct impacts will be those delivered by the consistent application of the specific policies and initiatives which are contained within the Strategy.

What might prevent the desired outcomes being achieved?

There may be challenges that prevent the desired outcome being achieved. These include, but are not limited to:

  • Low levels of adoption. This is being addressed through communication and engagement plans to ensure that the Strategy is visible and understood. Discussions will be held with PPG who own the Strategy as to how we can ensure successful implementation with their respective sectors.
  • Competing priorities and the challenges around resource availability and funding. This is a challenge across the whole landscape. The Strategy was developed to allow organisations in any position to be able to engage to an appropriate extent.
  • Social, Economic or Political change/disruption. As has come to be expected, if there are impacts socially, economically or politically there will likely be an impact on the priorities (noted above). Depending on the change / disruption there may be impacts on the ability to deliver the outcomes desired in the Strategy.

Stage 1: Framing

Results of framing exercise

Under the guidance of the Programme Board, a team has undertaken a range of research activities. A summary of activities is as follows:

  • Survey's with Procurement Professionals
  • Discussions individually and collectively with :
    • Supplier Development Programme
    • Social Enterprise Scotland
    • NHSS SMT
    • Manufacturing and Industries Division in Economic Development Directorate
    • Institute of Directors
    • Procurement Supplier Group
    • Third Sector
    • SVCO
  • Holding a Round Table event with Business Services Association and their membership

To determine whether any of the Characteristics are favoured or disfavoured, each was considered against the strategic aims and aspirations alongside their development.

Extent/Level of EQIA required

Stage 2: Data and evidence gathering, involvement and consultation

Include here the results of your evidence gathering (including framing exercise), including qualitative and quantitative data and the source of that information, whether national statistics, surveys or consultations with relevant equality groups.

Age
Evidence gathered and Strength/quality of evidence Data gaps identified and action taken
Employment Those who are aged between 16 and 24 or 65 and over are least likely to be in contractually secure work. In the 16-24 age group the proportion is 88.2 per cent and in the 65 and above age group the proportion is 89.9 per cent. Version 02 of the strategy shows the discovery conversation topics, with stimulating employment being one of the topics considered. Version 04 of the strategy reflects discussions on how to support the skilled population. This version also reflects discussions around fair work first to ensure that there are fair work opportunities made available wherever there are procurement opportunities to do so. Fair work research also covered the discouragement of zero-hour contracts within the supply base and chain.
Source National Indicator Performance | National Performance Framework
Training & Apprenticeships In 2020, Total early-stage Entrepreneurial Activity (TEA) was highest among 25 to 34 year olds (8.1%) and lowest in the 45 to 54 category (4.1). TEA increased between 2017 and 2018 for 35-44 and 55-64 year olds. In the 25-34 and 45-54 age categories, TEA decreased between 2017 and 2018 In 2020, the proportion of those in employment aged 16-64 in Scotland who had received job-related training in the last 3 months was 22.3 per cent, a decrease of 1.5 percentage points since 2019 Discovery work reflected in meeting 2 minutes (22 06 30) researching and considering apprenticeships and opportunities for engaging young people. BSA Round table held in December 2022 included conversations on the use of apprenticeships and training in contracts, and the desire for our suppliers to support this. Version 04 of the strategy reflects discussions on how to support the skilled population. This version also reflects discussions around fair work first to ensure that there are fair work opportunities made available wherever there are procurement opportunities to do so
Source Entrepreneurship Monitor 2019 (Published: December 2020, Enterprise Research Centre)
Cost of living In the last 15 years, the youngest adults (16-24 year olds) have been consistently more likely to be in relative poverty compared to older adults. 49% of adults aged 16 to 39 were managing well financially compared with 65% of those aged 65 and over Discovery work reflected in Meeting 5 Minutes (22 09 28) shows consideration of affordable housing. This minute also notes discussions around how living wage could be brought into the Strategy. The strategic aims were set at a high, national level, with the expectation that the policies and initiatives that sit underneath are directly considering how they can address cost of living.
Source https://data.gov.scot/poverty/2021/ https://www.gov.scot/publications/scottish-household-survey-2019-annual-report/
Cost of living Low income households There are a number of ways to define low income households. Examples of measures used include relative poverty (after housing costs), or the lowest income decile or quintile or the lowest 30% of households. People on low incomes are not a homogeneous (or permanent) group and encompass different groups at different life stages. Irrespective of which of these measures are used, households with low income are likely to include over representation from the following groups: disabled people, lone parent families, minority ethnic households, other child poverty priority group /households (3+ children, mother under 25, baby under 1) renters (private and social) young adults (under 25) unemployed adults those with no formal qualifications recipients of income-related benefit Across the different age groups, 19% of the clients were aged 16-24, 48% were aged 25-34, 26% were aged 35-44, 5% were aged 45-64 and 1% were aged 65 or over. This age distribution is expected as a high proportion of equalities forms were completed by applicants for Best Start Grant or Best Start Foods, or Scottish Child Payment, and applicants for these benefits are likely to be younger and have children under 6 years old. Discovery work reflected in Meeting 5 Minutes (22 09 28) shows consideration of affordable housing. This minute also notes discussions around how living wage could be brought into the Strategy. Discussions around value reflected in the vision statement Versions 3 onwards of the strategy looks to ensure that contracts are delivering value, either through costs or improved delivery. While the procurements conducted in line with this will specifically be able to articulate the direct cost saving that can be passed onto users of services, they may also be able to show any additional provisions that are being offered for the same costs. From version 4 onwards there have been sections of the strategy and discussions around Community Wealth Building, with the aim of creating communities that are inclusive. Version 04 of the strategy reflects discussions around fair work first to ensure that there are fair work opportunities made available wherever there are procurement opportunities to do so Version 4 also notes consideration of the 1140 hours of free childcare and social mobility. Discussions on these considered whether they were appropriate for the Public Procurement Strategy for Scotland, or whether they were too much into the detail of policy and initiatives. It was decided that this was too into the specific detail but did help inform thinking of phrasing.
Source https://www.gov.scot/publications/tackling-child-poverty-priority-families-overview/ Cost of living analysis (document 3) (from Living Costs and Food Survey data Scottish Government (4 October, 2021), Tackling child poverty priority families overview - gov.scot (www.gov.scot)
Disability
Evidence gathered and Strength/quality of evidence Data gaps identified and action taken
SMEs Third Sector and Supported Business The self-employment rate for disabled people is higher than for non-disabled people. In 2020/21, the self-employment rate for disabled people (12.4%) was higher than for non-disabled people (10.7%). Less than 10% of SME sole traders had a disability in 2014. In 2014, 9% of small to medium-sized employing sole traders in Scotland had a disability. This figure has decreased by 2 percentage points since 2012. In the voluntary sector, 22.6% of the workforce have a disability as defined by the Equality Act 2010 (26% of the population) For social enterprises, 21% of leaders have a disability as defined by the Equality Act 2010 (26% of population) Discussions on SME's, Third Parties and Supported Businesses were undertaken during the development of the Strategy. This is noted under Good For Business and employees specifically. Engagement was undertaken with Third sector representatives as well as a discussion at a strategy specific BSA on SME's. The strategic aims were set at a high, national level, with the expectation that the policies and initiatives that sit underneath are directly considering how they can address disability.
Source Scotland's Labour Market: People, Places & Regions: Annual Population Survey 2020/21 Small Business Survey Reports (UK Gov) SCVO State of the Sector 2022 Social Enterprise Census 2021
The employment rate for disabled people continues to rise The employment rate for disabled people continues to rise
  • in 2018, the employment rate for disabled people in Scotland (aged 16-64) was 45.6%, which compares with an employment rate of 81.1% for non-disabled people.
  • the unemployment rate for disabled people (aged 16-64) in Scotland was 9.4% in 2018, compared with an unemployment rate of 3.6% for non-disabled people.
  • in 2018, almost half of disabled people (16-64 years) in Scotland were economically inactive (49.7%), compared with 15.9% of non-disabled people.
  • 26.3% of economically inactive disabled people wanted to work, higher than 16.9% of economically inactive non-disabled people.
  • the employment gap between disabled and non-disabled people was wider for men (40.0% compared with 31.1% for women).
  • disabled people who are in a minority ethnic group have an employment rate of 37.9%, lower than non-disabled minority ethnic people (57.8%).
A number of discussions have taken place around Fair work First and how this can and should be incorporated into the Strategy. This is reflected under Good for Communities and society under Community Wealth Building – Fair Work First and Community benefits, all be it at a very high level to allow the policies and initiatives that this strategy supports to deliver equity access to fair and equal work opportunities for all, including disabled people. This is reflected in most meeting minutes and supporting research papers from Meeting 2 onwards. Engagement with Policy colleagues has also taken place to ensure that there is alignment between the Strategy and the policies around CWB, as well as discussions with the CWB team. The strategic aims were set at a high, national level, with the expectation that the policies and initiatives that sit underneath are directly considering how they can address disability.
Source Disabled People in the Labour Market in Scotland 2018
Disabled people more likely to live in social rented housing Social renters are more likely to have a limiting, long-term physical or mental health condition (45%) than those in the private rented sector (22%), those who own their homes outright (28%) and those who own their homes through a mortgage (14%) Consideration is given under Supporting a sustainable built environment to Community Wealth building and housing. This will have an indirect impact in this area. There was an in-depth discussion on housing at meeting 5.5, where discovery was being shaped into strategic objectives, the discussion moved the objective to a high, national level to cover all sectors. There is expectation that the policies and initiatives that sit underneath are directly considering how they can address disability.
Source Scottish Surveys Core Questions 2019
Community Participation The participation rate for young people who identified as disabled is lower than those who do not have a known disability The participation rate for young people (aged 16-19) who identified as disabled has decreased from a record high in 2019/20 (89%) to 88.3% in 2020/21. The participation gap between young people identifying as disabled and young people without a known disability has widened to 4.1% which is 0.9% more than in 2019/20. Discussions across a number of strategic development meetings considered community participation and how this should be reflected to ensure that all groups of the community were provided the opportunity to engage. The strategic aims were set at a high, national level, with the expectation that the policies and initiatives that sit underneath are directly considering how they can address disability.
Source Annual Participation Measure for 16-19 year olds in Scotland 2021 - SDS
Consistency Disabled people experienced higher rates of discrimination
  • In 2019, adults with a long-term limiting physical/mental health condition were more likely to have experienced discrimination in the previous 12 months (12%) compared to adults without any health conditions (6%).
  • Adults with a long-term limiting physical/mental health condition were also more likely to have experienced harassment (9%) than adults without any health conditions (5%).
Proportion of adults with long-term illness or disability the same for urban and rural areas at 30 percent. In 2019 there was a roughly equal proportion (30%) of adults with a long term illness or disability living in rural areas compared to urban areas. This proportion is despite the fact there is a higher proportion of older people living in rural areas and the prevalence of disability and long term limiting illness increases with age.
This part of the Strategy is written at a at a high, national level, with the expectation that the policies and initiatives that sit underneath are directly considering how they can address disability inequalities. This will require the directly impacting strategies to consider this. This Strategy provides a high level steer that connectivity should be a focus area for development. Linked to this is Community Wealth building. A number of discussions have taken place around Fair work First and how this can and should be incorporated into the Strategy. This is reflected under Good for Communities and society under Community Wealth Building – Fair Work First and Community benefits, all be it at a very high level to allow the policies and initiatives that this strategy supports to deliver equity access to fair and equal work opportunities. This is reflected in most meeting minutes and supporting research papers from Meeting 2 onwards. Engagement with Policy colleagues has also taken place to ensure that there is alignment between the Strategy and the policies around CWB, as well as discussions with the CWB team.
Source Scottish Household Survey 2019 Scottish Household Survey 2018
Climate Crisis and Environment In 2018 people with a long term illness or disability were less likely to view climate change as an immediate and urgent problem as people without (60% compared to 67%). This may reflect that older age groups, which are more likely to have long-term illness or disability, are less likely to view climate change as an immediate and urgent problem. With climate not being an issue that is of concern, there is little to impact on this within the Strategy. However, through community participation, there would be an opportunity for those that were concerned to engage, and through the Community Wealth building and building of the community connection and environment, there would be opportunity if this position were to change.
Source Scottish Household Survey 2018
Economic Wellbeing Poverty rates remain higher for households in which a member is disabled (peaking at 25% for households with a disabled child) compared to those where no-one is disabled A number of discussions have taken place around Fair work First and how this can and should be incorporated into the Strategy. This is reflected under Good for Communities and society under Community Wealth Building – Fair Work First and Community benefits, all be it at a very high level to allow the policies and initiatives that this strategy supports to deliver equity access to fair and equal work opportunities. The strategic aims were set at a high, national level, with the expectation that the policies and initiatives that sit underneath are directly considering how they can address disability.
Source Poverty & Income Inequality in Scotland 2017-20
Connectivity Disabled adults are less likely to use the internet
  • In 2019, 64 percent of older adults (aged 60-74) with a disability reported using the internet. This was lower than reported internet usage amongst older adults who are non-disabled (85%).
This disparity in internet usage decreases in younger age groups, with a 7% difference in usage between 25-34 year olds who are disabled and those who are nondisabled.
The connectivity part of the Strategy is written at a at a high, national level, with the expectation that the policies and initiatives that sit underneath are directly considering how they can address race inequalities. This is particularly specific in this case as it was determined that geographical location is a factor. This will require the directly impacting strategies to consider this. This Strategy provides a high level steer that connectivity should be a focus area for development. This is also indirectly impacting under Good for Communities and society under Community Wealth Building. Ensuing that there is strong community is part of the objectives.
Source Scottish Household Survey 2019
Sex
Evidence gathered and Strength/quality of evidence Data gaps identified and action taken
Community Wealth Building – Fair work First and Community benefits In 2019 women were more likely to have a very strong sense of belonging to their community (36%) than men (33%) In 2020, 64% of the voluntary sector's paid staff were women 71% of Scotland's social enterprises are led by women (51% of population) 85% of Scotland's social enterprises pay at least the real living wage to all employees (a predominantly women staffed and led sector) A number of discussions have taken place around Community Wealth Building (CWB) and how this can and should be incorporated into the Strategy. This is reflected under Good for Communities and society under Community Wealth Building – Fair Work First and Community benefits, all be it at a very high level to allow the policies and initiatives that this strategy supports to deliver equity access to community. Engagement with Policy colleagues has also taken place to ensure that there is alignment between the Strategy and the policies around CWB, as well as discussions with the CWB team.
Source Scottish Household Survey 2019 SCVO State of the Sector 2022 Social Enterprise Census 2021
Community Wealth Building – Fair work First and Community benefits In 2018 in Scotland:
  • the employment rate for women was 70.3 per cent, lower than the employment rate for men (78.0 per cent).
  • the gender employment gap (difference between the employment rates for men and women) was 7.6 percentage points, lower than the gap of 10.5 percentage points in 2008.
  • 86.9 per cent of men in employment are in full time employment compared to 57.5 per cent of women.
  • 16.3 per cent of men in employment work in the public sector1 compared to 35.4 per cent of women. Since 2008, there has been a larger reduction in the proportion of men in employment in the public sector than women (down from 19.0 per cent and 37.8 per cent respectively).
  • Almost half of women in Scotland (47.4 per cent) work in the public admin, education and health sector (Note this is not the same as the Public Sector).
  • Over two-fifths (44.5 per cent) of men work in sectors that show high levels of gender segregation: Construction (12.4 per cent), Transport and communication (11.0 per cent), Manufacturing (11.8 per cent), Energy and water (6.8 per cent) and Agriculture and Fishing (2.5 per cent).
  • 43.3 per cent of women in Scotland were employed in occupations that are gender segregated towards women: Administrative and secretarial (15.7 per cent), Personal
  • service (17.0 per cent) and Sales and customer service occupations (10.6 per cent).
  • 31.5 per cent of men in Scotland were employed in occupations that exhibit high levels of gender segregation towards men: Skilled trades (19.8 per cent) and Process, plant and machine operatives (11.8 per cent).
A number of discussions have taken place around Fair work First and how this can and should be incorporated into the Strategy. This is reflected under Good for Communities and society under Community Wealth Building – Fair Work First and Community benefits, all be it at a very high level to allow the policies and initiatives that this strategy supports to deliver equity access to fair and equal work opportunities. This is reflected in most meeting minutes and supporting research papers from Meeting 2 onwards. Engagement with Policy colleagues has also taken place to ensure that there is alignment between the Strategy and the policies around CWB, as well as discussions with the CWB team.
Source Regional Employment Patterns in Scotland: Statistics from the Annual Population Survey 2018
Community Wealth Building – Fair work First and Community benefits Gender Pay Gap has fallen over the past decade
  • Over the past year, for full-time employees (excluding overtime) the gender pay gap increased from 3% to 3.6% in 2021.
Over the past 10 years, the gender pay gap for full-time employees decreased from 6.6% in 2011 to 3.6% in 2021
A number of discussions have taken place around Fair work First and how this can and should be incorporated into the Strategy. This is reflected under Good for Communities and society under Community Wealth Building – Fair Work First and Community benefits, all be it at a very high level to allow the policies and initiatives that this strategy supports to deliver equity access to fair and equal work opportunities. This is reflected in most meeting minutes and supporting research papers from Meeting 2 onwards. Engagement with Policy colleagues has also taken place to ensure that there is alignment between the Strategy and the policies around CWB, as well as discussions with the CWB team.
Source Annual Survey of Hours and Earnings 2020
Community Participation
  • The Scottish Household Survey figures show that more women than men participated in a cultural activity in 2019 (80% and 70% respectively), although this did vary by activity.
  • When reading is excluded, the difference between women and men was slightly smaller (six percentage points).
  • Women participated more than men in a number of cultural activities including crafts (24% compared with 8%), reading books for pleasure (70% compared with 54%) and dance (17% compared with 6%).
  • Men had higher participation rates than women for playing a musical instrument (14% of men and 8% of women) and viewing performances online (25% compared with 21%).
A number of discussions have taken place around Community Wealth Building and how this can and should be incorporated into the Strategy. This is reflected under Good for Communities and society under Community Wealth Building – Fair Work First and Community benefits, all be it at a very high level to allow the policies and initiatives that this strategy supports to deliver equity access to community. Specifically, Community Participation is noted as a section within the Strategy – which was discussed by the group at meeting 5.5 which was a discussion on how to align researched areas of interest into groups to reflect within the strategy. This was the first indication that Community Participation was important, and subsequently was incorporated as a stand-alone objective. Engagement with Policy colleagues has also taken place to ensure that there is alignment between the Strategy and the policies around CWB, as well as discussions with the CWB team.
Source Scottish Household Survey 2019
Community Participation The percentage of people who agree with the statement 'I can influence decisions affecting my local area' – 19 to males while 17 for females Community Participation is noted as a section within the Strategy – which was discussed by the group at meeting 5.5 which was a discussion on how to align researched areas of interest into groups to reflect within the strategy. This was the first indication that Community Participation was important, and subsequently was incorporated as a stand-alone objective. Engagement with Policy colleagues has also taken place to ensure that there is alignment between the Strategy and the policies around CWB, as well as discussions with the CWB team.
Source statistics.gov.scot
Community Participation Men and women equally likely to visit the outdoors
  • In 2019 men were more likely than women to visit the outdoors for recreation at least once a week (58% and 54% respectively)
A number of discussions have taken place around Community Wealth Building and how this can and should be incorporated into the Strategy. This is reflected under Good for Communities and society under Community Wealth Building – Fair Work First and Community benefits, all be it at a very high level to allow the policies and initiatives that this strategy supports to deliver equity access to community.
Source Scottish Household Survey 2019
Economic Wellbeing Poverty rates highest for single mothers but gap is smaller than it used to be Poverty is measured at a household level. This means that men and women in the same household are both either in poverty or not in poverty. In the analysis here, we therefore only include single adult households (with or without dependent children). The poverty rate was highest for single mothers (single working-age women with dependent children). Estimates for single fathers are not available due to small sample sizes. A number of discussions have taken place around Community Wealth Building and how this can and should be incorporated into the Strategy. This is reflected under Good for Communities and society under Community Wealth Building.
Source Poverty and Income Inequality in Scotland 2017-20
Food Security While increasing, there was no difference in terms of gender between men and women reporting that they ran out of food in the previous 12 months A number of discussions have taken place around Community Wealth Building and how this can and should be incorporated into the Strategy. Within meeting 5.5 there was a lengthy discussion that covered food security for everyone, and a section was incorporated to cover this specifically under Good for Society.
Source statistics.gov.scot : National Performance Framework
Race
Evidence gathered and Strength/quality of evidence Data gaps identified and action taken
Supply Chain Resilience No indication on ethnic inequalities in supply chain resilience; source link is to article on importance of diverse suppliers and business resilience (not focused on Scotland) With no indication of an equalities issues on this topic – this has not been impacted
Source Why diverse suppliers hold the key to business resilience | Reuters Events | Sustainable Business
SMEs Third Sector and Supported Business Some indication of declining involvement of ethnic minorities in SMEs: in 2019, 4% of SMEs were run by members of a minority ethnic community; in 2020, this had had halved at 2.0%. In 2020/21, the self-employment rate was higher for white adults (11.3%) than for adults from the minority ethnic population (10.3%). In 2021 the proportion of social enterprise board members identifying as black and minority ethnic was 3%; for salaried social enterprise leaders, 5%. (across population 4%) BME individuals account for 3% of social enterprise board members (but 5% of 18+ population) BME individuals account for 5% of leadership in social enterprises (5% of 18+ population) Discussions on SME's, Third Parties and Supported Businesses were undertaken during the development of the Strategy. This is noted under Good For Business and employees specifically. Engagement was undertaken with Third sector representatives as well as a discussion at a strategy specific BSA on SME's. The strategic aims were set at a high, national level, with the expectation that the policies and initiatives that sit underneath are directly considering how they can address race. SCVO's state of the sector overview provided that there is currently no breakdown of the voluntary sector by ethnicity
Source Small Business Survey Scotland: 2019 - gov.scot (www.gov.scot) Scotland's Labour Market: People, Places and Regions: Annual Population Survey 2020/21 (www.gov.scot) 2021-report.pdf (socialenterprisecensus.org.uk) SCVO State of the Sector 2022 Social Enterprise Census 2021
Community Wealth Building – Fair work and Community benefits Indication that responses from members of ethnic minorities reflected a more positive sense of social and community participation that the population of Scotland overall (p19-22 of linked document). A number of discussions have taken place around Community Wealth Building and how this can and should be incorporated into the Strategy. This is reflected under Good for Communities and society under Community Wealth Building – Fair Work First and Community benefits, all be it at a very high level to allow the policies and initiatives that this strategy supports to deliver equity access to community.
Source b0353f_88e80a91c2e14803a4e21ea537f92c98.pdf (filesusr.com)
Economic Wellbeing The employment rate for the minority ethnic population aged 16 to 64 was estimated at 65.1 per cent in April 2020-March 2021, significantly lower than the white population (73.2 per cent). This gives a gap in the employment rate between minority ethnic and white aged 16 to 64 years of 8.2 percentage points. There are lower economic outcomes for minority ethnic people: employment and economic activity are lower, on average, for people from minority ethnic groups; pay is, on average, lower for minority ethnic people (Fraser of Allander report) Three in five minority ethnic people living in poverty have at least one person in their family in work, similar to the rate for white people (57%). A number of discussions have taken place around Fair work First and how this can and should be incorporated into the Strategy. This is reflected under Good for Communities and society under Community Wealth Building – Fair Work First and Community benefits, all be it at a very high level to allow the policies and initiatives that this strategy supports to deliver equity access to fair and equal work opportunities. The strategic aims were set at a high, national level, with the expectation that the policies and initiatives that sit underneath are directly considering how they can address race.
Source Scotland's Labour Market: People, Places and Regions: Annual Population Survey 2020/21 (www.gov.scot) Economic outcomes for minority ethnic groups in Scotland | FAI (fraserofallander.org) ethnicity_poverty_and_the_data_in_scotland.pdf
Emergency Situations Lessons identified through COVID pandemic response on inequalities experienced between ethnic groups including in take-up of vaccination. No connection indicated with vaccination procurement process (link to UK government response). Due to the nature of emergency situations, it is unknown as to what they might be and what will be required to ensure equality. As such this part of the Strategy is written at a at a high, national level, with the expectation that the policies and initiatives that sit underneath and are related to the emergency situation occurring, are directly considering how they can address race
Source Roll out of the COVID:19 vaccine programme (parliament.uk)
Food security Limited information identified on food security and ethnic identity; one community-led survey in Glasgow did not identify a causal link With no indication of an equalities issues on this topic – this has not been impacted
Source CWIN report (communityfoodandhealth.org.uk)
Connectivity Lower levels of connectivity among ethnic minorities: connectivity and ethnic minority experiences overlap in the area of digital poverty where UK data suggest that already-marginalised figures are most at risk; more specific data is difficult to identify due to small sample sizes. There is some co-relation in digital poverty with geographical location. This part of the Strategy is written at a at a high, national level, with the expectation that the policies and initiatives that sit underneath are directly considering how they can address race inequalities. This is particularly specific in this case as it was determined that geographical location is a factor. This will require the directly impacting strategies to consider this. This Strategy provides a high level steer that connectivity should be a focus area for development.
Source Exploring the UK's digital divide - Office for National Statistics (ons.gov.uk)
Consistency Compounded inequalities exist for ethnic minorities in rural settings: Ethnic minorities in rural Scotland face barriers to service access such as poor information & advice, language barriers, lack of monitoring and evaluation of minority ethnic experiences, and lack of knowledge and skills amongst service providers (Kelly, 2016) This part of the Strategy is written at a at a high, national level, with the expectation that the policies and initiatives that sit underneath are directly considering how they can address race inequalities. This will require the directly impacting strategies to consider this. This Strategy provides a high level steer that connectivity should be a focus area for development. Linked to this is the enabler around continue to improve the skills development offer, and to provide support and opportunities to everyone.
Source 4 Background - Inclusive participation in rural Scotland: research report - gov.scot (www.gov.scot)

Pregnancy and Maternity

After consideration, it is believed that this characteristic is not one that would be impacted positively or negatively by the Public Procurement Strategy for Scotland. This will be reviewed in line with the Strategy and related Impact Assessment reviews.

Gender Reassignment

After consideration, it is believed that this characteristic is not one that would be impacted positively or negatively by the Public Procurement Strategy for Scotland. This will be reviewed in line with the Strategy and related Impact Assessment reviews.

Sexual Orientation

After consideration, it is believed that this characteristic is not one that would be impacted positively or negatively by the Public Procurement Strategy for Scotland. This will be reviewed in line with the Strategy and related Impact Assessment reviews.

Religion or Belief

After consideration, it is believed that this characteristic is not one that would be impacted positively or negatively by the Public Procurement Strategy for Scotland. This will be reviewed in line with the Strategy and related Impact Assessment reviews.

Marriage and Civil Partnership

(the Scottish Government does not require assessment against this protected characteristic unless the policy or practice relates to work, for example HR policies and practices - refer to Definitions of Protected Characteristics document for details

The Public Procurement Strategy for Scotland does not relate to work, and as such this characteristic has not been impacted against the Public Procurement Strategy for Scotland

Stage 3: Assessing the impacts and identifying opportunities to promote equality

Having considered the data and evidence you have gathered, this section requires you to consider the potential impacts – negative and positive – that your policy might have on each of the protected characteristics. It is important to remember the duty is also a positive one – that we must explore whether the policy offers the opportunity to promote equality and/or foster good relations.

Do you think that the policy impacts on people because of their age?
Age Positive Negative None Reasons for your decision
Eliminating unlawful discrimination, harassment and victimisation Yes No No Creating CWB – to show cultures and grow communities together
Advancing equality of opportunity Yes No No Apprenticeships and training and increasing of skills. Also under Community Wealth Building there is an aim to continue to create strong community engagement, which should have a positive impact on creating equal opportunities.
Promoting good relations among and between different age groups Yes No No Creating CWB – to show cultures and grow communities together
Do you think that the policy impacts disabled people?
Disability Positive Negative None Reasons for your decision
Eliminating unlawful discrimination, harassment and victimisation Yes No No Promoting Fair work First policies and working
Advancing equality of opportunity Yes No No Through Community participation under Community Wealth Building there is an aim to continue to create strong community engagement, which should have a positive impact on creating equal opportunities.
Promoting good relations among and between disabled and non-disabled people Yes No No Creating CWB – to show cultures and grow communities together
Do you think that the policy impacts on men and women in different ways?
Sex Positive Negative None Reasons for your decision
Eliminating unlawful discrimination Yes No Yes The high-level nature of the Strategy would not have direct impacts on eliminating unlawful discrimination. However, with the underpinning policies and initiatives that the Strategy refers to that will be implemented at Sectorial and organisational levels. As such it is impacting in an indirect way through the support and promotion of these policies and strategies
Advancing equality of opportunity Yes No No Under Community Wealth Building there is an aim to continue to create strong community engagement, which should have a positive impact on creating equal opportunities.
Promoting good relations between men and women Yes No No The high-level nature of the Strategy would not have direct impacts on eliminating unlawful discrimination. However, with the underpinning policies and initiatives that the Strategy refers to that will be implemented at Sectorial and organisational levels. As such it is impacting in an indirect way through the support and promotion of these policies and strategies
Do you think that the policy impacts on women because of pregnancy and maternity?
Pregnancy and Maternity Positive Negative None Reasons for your decision
Eliminating unlawful discrimination No No Yes The strategy focuses on Impacts that Procurement can have. There were no areas that were covered within the objectives that related to Pregnancy and Maternity specifically. After consideration there are not any objectives that we can see that could appropriately be worked into the Strategy.
Advancing equality of opportunity No No Yes The strategy focuses on Impacts that Procurement can have. There were no areas that were covered within the objectives that related to Pregnancy and Maternity specifically. After consideration there are not any objectives that we can see that could appropriately be worked into the Strategy.
Promoting good relations No No Yes The strategy focuses on Impacts that Procurement can have. There were no areas that were covered within the objectives that related to Pregnancy and Maternity specifically. After consideration there are not any objectives that we can see that could appropriately be worked into the Strategy.
Do you think your policy impacts on people proposing to undergo, undergoing, or who have undergone a process for the purpose of reassigning their sex? (NB: the Equality Act 2010 uses the term 'transsexual people' but 'trans people' is more commonly used)
Gender reassignment Positive Negative None Reasons for your decision
Eliminating unlawful discrimination No No Yes The strategy focuses on Impacts that Procurement can have. There were no areas that were covered within the objectives that related to Gender Reassignment specifically. After consideration there are not any objectives that we can see that could appropriately be worked into the Strategy.
Advancing equality of opportunity No No Yes The strategy focuses on Impacts that Procurement can have. There were no areas that were covered within the objectives that related to Gender Reassignment specifically. After consideration there are not any objectives that we can see that could appropriately be worked into the Strategy.
Promoting good relations No No Yes The strategy focuses on Impacts that Procurement can have. There were no areas that were covered within the objectives that related to Gender Reassignment specifically. After consideration there are not any objectives that we can see that could appropriately be worked into the Strategy.
Do you think that the policy impacts on people because of their sexual orientation?
Sexual orientation Positive Negative None Reasons for your decision
Eliminating unlawful discrimination No No Yes The strategy focuses on Impacts that Procurement can have. There were no areas that were covered within the objectives that related to Sexual Orientation specifically. After consideration there are not any objectives that we can see that could appropriately be worked into the Strategy.
Advancing equality of opportunity No No Yes The strategy focuses on Impacts that Procurement can have. There were no areas that were covered within the objectives that related to Sexual Orientation specifically. After consideration there are not any objectives that we can see that could appropriately be worked into the Strategy.
Promoting good relations No No Yes The strategy focuses on Impacts that Procurement can have. There were no areas that were covered within the objectives that related to Sexual Orientation specifically. After consideration there are not any objectives that we can see that could appropriately be worked into the Strategy.
Do you think the policy impacts on people on the grounds of their race?
Race Positive Negative None Reasons for your decision
Eliminating unlawful discrimination Yes No No The high-level nature of the Strategy would not have direct impacts on eliminating unlawful discrimination. However, with the underpinning policies and initiatives that the Strategy refers to that will be implemented at Sectorial and organisational levels. As such it is impacting in an indirect way through the support and promotion of these policies and strategies
Advancing equality of opportunity Yes No No Under Community Wealth Building there is an aim to continue to create strong community engagement, which should have a positive impact on creating equal opportunities.
Promoting good race relations Yes No No The high-level nature of the Strategy would not have direct impacts on eliminating unlawful discrimination. However, with the underpinning policies and initiatives that the Strategy refers to that will be implemented at Sectorial and organisational levels. As such it is impacting in an indirect way through the support and promotion of these policies and strategies
Do you think the policy impacts on people because of their religion or belief?
Religion or belief Positive Negative None Reasons for your decision
Eliminating unlawful discrimination No No Yes The strategy focuses on Impacts that Procurement can have. There were no areas that were covered within the objectives that related to Religion or Belief specifically. After consideration there are not any objectives that we can see that could appropriately be worked into the Strategy.
Advancing equality of opportunity No No Yes The strategy focuses on Impacts that Procurement can have. There were no areas that were covered within the objectives that related to Religion or Belief specifically. After consideration there are not any objectives that we can see that could appropriately be worked into the Strategy.
Promoting good relations No No Yes The strategy focuses on Impacts that Procurement can have. There were no areas that were covered within the objectives that related to Religion or Belief specifically. After consideration there are not any objectives that we can see that could appropriately be worked into the Strategy.
Do you think the policy impacts on people because of their marriage or civil partnership?
Marriage and Civil Partnership[1] Positive Negative None Reasons for your decision
Eliminating unlawful discrimination No No Yes The strategy focuses on Impacts that Procurement can have. There were no areas that were covered within the objectives that related to Marriage and Civil Partnership specifically. After consideration there are not any objectives that we can see that could appropriately be worked into the Strategy.

Stage 4: Decision making and monitoring

Identifying and establishing any required mitigating action

Have positive or negative impacts been identified for any of the equality groups? There are indirect impacts that have been identified. These have been classed as positive impacts through the Strategy encouraging and promoting the specific policies and initiatives. EQIAs should be completed for the specific policies and strategies that underpin the Public Procurement Strategy for Scotland and should identify specific positive or negative impacts.
Is the policy directly or indirectly discriminatory under the Equality Act 2010[2]? No, the Public Procurement Strategy for Scotland is not discriminatory under the Equality Act 2010
If the policy is indirectly discriminatory, how is it justified under the relevant legislation? No, the Public Procurement Strategy for Scotland is not indirectly discriminatory
If not justified, what mitigating action will be undertaken?

Describing how Equality Impact analysis has shaped the policy making process

The Public Procurement Strategy for Scotland was developed iteratively. Running in parallel to the development have been engagement activities with interested and appropriate stakeholders. Due to the development and open engagement, sharing drafts of the strategy, specific conversations were able to take place on how the drafts were relevant and could have potential impacts (both positive and/or negative). Feedback was provided directly during these engagements. This feedback was then shared with the cross sectorial working group who were developing the Strategy, to allow that feedback to influence discussions and be incorporated into the next drafts.

Early on the Cross Sectorial working group developing the Public Procurement Strategy for Scotland were keen to be influenced by those that would be impacted by the Strategy. All feedback received was considered and where possible and appropriate, helped to shape thinking and the strategic objectives.

There has not been any direct costs or extra pieces of work commenced at the publication of the Strategy. As the aim is to provide consistent direction of travel, there will be alignment activities to be undertaken by Centres of Expertise and organisations. The underlying policies and initiatives noted within the Strategy will also be developed over the course of the Strategies life, aligning to the aims which have been impacted by this EQIA.

Monitoring and Review

The monitoring and evaluation of this EQIA will align with the reviews of the Public Procurement Strategy for Scotland. The Public Procurement Strategy for Scotland will be reviewed at least annually, and as a minimum to confirm the continued relevance of the strategic aims contained within it.

Stage 5 - Authorisation of EQIA

Please confirm that:

  • This Equality Impact Assessment has informed the development of this policy:

Yes

  • Opportunities to promote equality in respect of age, disability, gender reassignment, pregnancy and maternity, race, religion or belief, sex and sexual orientation have been considered, i.e.:
  • Eliminating unlawful discrimination, harassment, victimisation;
  • Removing or minimising any barriers and/or disadvantages;
  • Taking steps which assist with promoting equality and meeting people's different needs;
  • Encouraging participation (e.g. in public life)
  • Fostering good relations, tackling prejudice and promoting understanding.

Yes

  • If the Marriage and Civil Partnership protected characteristic applies to this policy, the Equality Impact Assessment has also assessed against the duty to eliminate unlawful discrimination, harassment and victimisation in respect of this protected characteristic:

Not applicable

Declaration

I am satisfied with the equality impact assessment that has been undertaken for Public Procurement Strategy for Scotland and give my authorisation for the results of this assessment to be published on the Scottish Government's website.

Name: Nick Ford

Position: Director of Scottish Procurement and Property

Authorisation date: 28 February 2023

Contact

Email: scottishprocurement@gov.scot

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