Assessing the impacts and identifying opportunities to promote equality
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.
Legal services contribute to the social value of Scotland. There is significant diversity in the types of legal services people access, often in times of distress or vulnerability. Legal services support individual's wellbeing, promote their continued contribution to society and help to prevent the escalation of problems.
Legal services regulation contributes to the creation of a legal framework that ensures that disabled persons are not discriminated against. Section 3(3) of the Bill sets out that regulators must encourage equal opportunities (as defined in Section L2 of Part 2 of schedule 5 of the Scotland Act 1998).
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 |
|
|
X |
No differential impacts have been identified for the protected characteristic of age. |
| Advancing equality of opportunity |
X |
|
|
The business structure framework in respect of licenced legal services providers (alternative business structures) will allow increased access to finance for firms alongside increased flexibility to provide a combination of professional services. It will facilitate the hire and retention of high quality non-legal staff through the ability to reward all staff on the same basis. It is anticipated that these changes will lead to innovation and price reductions for the consumer. It is anticipated this will benefit, regardless of age. Measures in respect of regulatory waivers may support the relaxation of rules which may benefit those with caring responsibilities, also benefiting those cared for, regulatory wavers could be used in this way to trial a new approach before making it permanent if successful. Younger people may benefit from regulation that provides for increased access to legal services linked to technology, and which may be supported though innovation which may stem from provisions around regulatory waivers, such as online platforms or alternative providers. However, older people may be less likely to use digital platforms or have limited access to new technologies, which could disadvantage them. Therefore, it is important that the legislation is proportionate and flexible and allows for consumer choice, the Bill seeks to deliver that. |
| Promoting good relations among and between different age groups |
|
|
X |
No differential impacts have been identified for the protected characteristic of age. |
Do you think that the policy impacts disabled people?
| Disability |
Positive |
Negative |
None |
Reasons for your decision |
| Eliminating unlawful discrimination, harassment and victimisation |
|
|
X |
No differential impacts have been identified for the protected characteristic of disability. |
| Advancing equality of opportunity |
X |
|
|
Measures in respect of regulatory waivers may support the relaxation of rules which may benefit those with caring responsibilities, also benefiting those cared for. The Bill seeks to promote innovation and technology, and increased competition that will deliver improved access to legal services may help disabled persons to access disability-sensitive and affordable legal services. Regulation should ensure that legal professionals are trained on disability-related issues, and this is likely to improve the quality of services provided to disabled individuals. The Bill removes restrictions preventing charities, law centres and citizens advice bodies from directly employing solicitors to provide certain legal services to some of the country's most vulnerable citizens. |
| Promoting good relations among and between disabled and non-disabled people |
|
|
X |
No differential impacts have been identified for the protected characteristic of disability. |
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 |
|
|
X |
No differential impacts have been identified for the protected characteristic of sex. |
| Advancing equality of opportunity |
X |
|
|
Measures in respect of regulatory waivers may support the relaxation of rules which may benefit those with caring responsibilities, regardless of gender. Legal business regulation (entity regulation) seeks to ensure legal regulators can provide clearer guidelines for promoting diversity and inclusion, which may help reduce any gender based prejudices or biases. |
| Promoting good relations between men and women |
|
|
X |
No differential impacts have been identified for the protected characteristic of gender. |
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 |
|
|
X |
No differential impacts have been identified for the protected characteristic of pregnancy and maternity. |
| Advancing equality of opportunity |
X |
|
|
Measures in respect of regulatory waivers may support the relaxation of rules which may benefit those with caring responsibilities. |
| Promoting good relations |
|
|
X |
No differential impacts have been identified for the protected characteristic of pregnancy and maternity. |
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 |
|
|
X |
No differential impacts have been identified for the protected characteristic of gender reassignment. |
| Advancing equality of opportunity |
X |
|
|
Legal business regulation (entity regulation) seeks to ensure legal regulators can provide clearer guidelines for promoting diversity and inclusion, which may help reduce any gender based prejudices or biases. |
| Promoting good relations |
|
|
X |
No differential impacts have been identified for the protected characteristic of gender reassignment. |
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 |
|
|
X |
No differential impacts have been identified for the protected characteristic of sexual orientation. |
| Advancing equality of opportunity |
X |
|
|
Legal business regulation (entity regulation) seeks to ensure legal regulators can provide clearer guidelines for promoting diversity and inclusion, which may help reduce any sexual orientation based prejudices or biases. |
| Promoting good relations |
|
|
X |
No differential impacts have been identified for the protected characteristic of sexual orientation. |
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 |
|
|
X |
No differential impacts have been identified for the protected characteristic of race. |
| Advancing equality of opportunity |
X |
|
|
Legal services regulation is a crucial aspect of ensuring access to justice and quality legal services for all members of society, regardless of their race. However, the way in which legal services are regulated can have a significant impact on racial equality. For example, studies have shown that people from Black, Asian, and Minority Ethnic (BAME) backgrounds face significant barriers in accessing legal services due to a range of factors, including socio-economic disadvantage, language barriers, and discrimination. Therefore, legal services regulation must take steps to address these barriers and ensure that everyone, regardless of race, can access justice. Moreover, there is a need to ensure that legal services regulatory bodies are diverse and representative of the communities they serve, including Black, Asian, and Minority Ethnic (BAME) communities. This would help to ensure that the concerns and experiences of these communities are adequately considered and addressed within legal services regulation. Overall, legal services regulation can have a positive impact on racial equality if it is designed to address the barriers faced by Black, Asian, and Minority Ethnic (BAME) communities and ensure that everyone can access justice equally. There regulatory objectives seek to promote an independent, strong and diverse legal profession, and that consumers should have access to a range of legal services that are affordable and suited to their needs. |
| Promoting good race relations |
|
|
X |
No differential impacts have been identified for the protected characteristic of race. |
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 |
|
|
X |
No differential impacts have been identified for the protected characteristic of religion or belief. |
| Advancing equality of opportunity |
X |
|
|
Legal business regulation (entity regulation) seeks to ensure legal regulators can provide clearer guidelines for promoting diversity and inclusion, which may help reduce any religion or belief based prejudices or biases. |
| Promoting good relations |
|
|
X |
No differential impacts have been identified for the protected characteristic of religion or belief. |
Do you think the policy impacts on people because of their marriage or civil partnership?
| Marriage and Civil Partnership[48] |
Positive |
Negative |
None |
Reasons for your decision |
| Eliminating unlawful discrimination |
|
|
X |
No differential impacts have been identified for the protected characteristic of marriage and civil partnership. |
