Section 75 Policy Screening Form

Transcription

1 Section 75 Policy Screening Form Part 1. Policy Scoping The first stage of the screening process involves scoping the policy or policy area. The purpose of policy scoping is to help prepare the background and context and set out the aims and objectives for the policy being screened. At this stage, scoping the policy will help identify potential constraints as well as opportunities and will help the policy maker work through the screening process on a step by step basis. You should remember that the Section 75 statutory duties apply to internal policies (relating to people who work for the authority), as well as external policies (relating to those who are, or could be, served by the authority). Information about the policy Name of the policy: UK Sports Councils Recognition Policy Is this an existing, revised or a new policy? Revised policy, applied UK-wide What is it trying to achieve? (intended aims/outcomes) Recognition is a process shared by all five Sports Councils (UK Sport, sportscotland, Sport England, Sport Wales and Sport Northern Ireland) which: a) determines the National Governing Bodies (NGBs) who are responsible for governing the sporting activities that the Sports Councils are willing to consider supporting and working with. b) acknowledges the status of the National Governing Body (NGB) as a private organisation which governs a particular sport through the common consent of the sport itself. Recognition status does not mean that the Sports Councils have approved the internal structures of the organisation or take any responsibility for its operations. Recognition does not in itself confer additional rights or authority or endorsement by the Sports Councils. It is not the role of the Sports Councils to establish or appoint NGBs or to regulate them. Recognition status does not necessarily mean that an organisation is eligible to receive Sports Council funding.

2 The Recognition Review process is a check that NGBs continue to meet recognition criteria. Are there any Section 75 categories which might be expected to benefit from the intended policy? Yes, by ensuring that all NGBs are closely regulated and conform to best practice. If so, explain how. Who initiated or wrote the policy? The policy was developed collectively by the 4 Home Country Sports Councils and UK Sport. The Sport Northern Ireland interprets the policy mindful of local considerations including the structural nature of sport in Northern Ireland. Who owns and who implements the policy? The UK Recognition Panel manages the recognition process for sporting activities and NGBs. The UK Recognition Panel comprises nominated Officer(s) from each of the five Sports Councils. There is generally one nominated officer (or this role may be shared between several officers) per Sports Council considering each application, although they will be likely to consult with other colleagues within their organisations to form a view. The UK Sport role is only currently implemented for decisions regarding Olympic and Paralympic sports. The UK Recognition Panel reports to: a) The Chief Officers (via the Chief Officers meeting) for policy decisions. This comprises of the Chief Executives of all five Sports Councils; b) The Sports Council Boards (via each Panel member) for approval of recognition recommendations. The UK Recognition Panel has responsibility for: a) Developing and implementing the recognition policy and process; b) Managing applications for new NGBs and sporting activities; c) Managing the recognition review process; d) Developing, implementing and managing the de-recognition process; e) Managing changes to disciplines for recognised NGBs. The UK Recognition Panel has the authority to: 2

3 a) Approve pre-applications and discipline changes without recourse to the Sports Council Boards. This is effectively the power to reject pre-applications that do not meet pre-application criteria; b) Recommend approval or rejection for full applications which will then be submitted for decision to the appropriate Sports Council Boards; c) Administer Recognition Reviews. However de-recognition of an NGB will be decided by the Sports Council Boards (as in the case of a full application). This is not expected to be a frequent occurrence. Implementation factors Are there any factors which could contribute to/detract from the intended aim/outcome of the policy/decision? Y If yes, are they Financial: Y The use of the policy to determine eligibility to apply for lottery and government funding. Legislative: Y The recognition of one governing body, and therefore one specific performance pathway for any given sport, may impact on an athlete s rights to choose to represent Great Britain & NI or Ireland. Other, please specify: 1 The need for the Sport NI to consider the various forms of sport structure in Northern Ireland (UK/NI/All Ireland); 2 When the Sports Council for Northern Ireland was established in 1973, it inherited as recognised governing bodies, all those organisations who had been in membership of the NI Council for Physical Recreation. None of those governing bodies were formally assessed against the criteria outlined in the recognition policy. The amended policy sets out mechanisms to address this issue through both a self-submission of documentation and formal review process; 3 Whilst the policy states that only one governing body will be recognised per sport, there may still be anomalies to this as the Sport NI currently recognises separate male/female governing bodies in some sports (such as bowls), and separate governing bodies representing separate disciplines within a sport; 4 Sport NI does not intend to review all its recognised activities or governing bodies against the revised criteria as this would be deemed a poor use of resources, however within the revised policy there is provision to review activities and governing bodies where a need is identified and a self-submission process which will ensure governing bodies are implementing a minimum standard of policies and procedures; 3

4 5 Conflicts within governing bodies which can lead to splits and challenges regarding recognition; 6 Decline or increase in the popularity of certain sports; Main stakeholders affected Who are the internal and external stakeholders (actual or potential) that the policy will impact upon? Staff: Sport NI including High Performance Sports services. Service users: Governing Bodies of Sport and their members, clubs and affiliates; Performance athletes and those performers involved in sport at grass roots level; Other public sector organisations: UK Sport and the four Home Country Sports Councils, Irish Sports Council; Department of Culture, Arts and Leisure; Statutory agencies such as local authorities; Voluntary/community/trade unions: Voluntary agencies who use SNI accreditation as criteria for funding awards; NI Sports Forum Other, please specify n/a Other policies with a bearing on this policy What are they? The policy is likely to impact on any investment policies developed by Sport NI such as Athlete Investment Programme, Performance Focus, Active Clubs, Active Communities, Awards for Sport. Everybody Active 2020 and the Capital Investment Strategy Who owns them? These policies are all owned and implemented by Sport NI.. 4

5 Available evidence Evidence to help inform the screening process may take many forms. Public authorities should ensure that their screening decision is informed by relevant data. What evidence/information (both qualitative and quantitative) have you gathered to inform this policy? Specify details for relevant Section 75 categories. Section 75 category Details of evidence/information All The proposed policy has been informed by a thorough examination of available data on sports development and including the following: SPLISS Research Report 2012; Commonwealth Games Review 2015; PerformanceFocus Self Evaluations ; Young people s Behaviour and Attitudes Survey ; Continuous Household Surveys ; and SNI Sport and Physical Activity Survey Also ongoing stakeholder engagement during 2014 and 2015, internally and externally, continues to inform the emerging policy. Needs, experiences and priorities Taking into account the information referred to above, what are the different needs, experiences and priorities of each of the following categories, in relation to the particular policy/decision? Specify details for each of the Section 75 categories Section 75 category Details of needs/experiences/priorities All Ongoing analysis has identified no particular concerns in relation to any of the protected characteristics under Section 75. 5

6 Part 2: Screening Questions Introduction 1. If the public authority s conclusion is none in respect of all of the Section 75 categories, then you may decide to screen the policy out. If a policy is screened out, you should give details of the reasons for the decision taken. 2. If the public authority s conclusion is major in respect of one or more of the Section 75 categories, then consideration should be given to subjecting the policy to an EQIA. 3. If the public authority s conclusion is minor in respect of one or more of the Section 75 categories, then consideration should still be given to proceeding with an EQIA, or to measures to mitigate the adverse impact; or an alternative policy. In favour of a major impact a) The policy is significant in terms of its strategic importance; b) Potential equality impacts are unknown, because, for example, there is insufficient data upon which to make an assessment or because they are complex, and hence it would be appropriate to conduct an EQIA; c) Potential equality and/or good relations impacts are likely to be adverse or are likely to be experienced disproportionately by groups of people including those who are marginalised or disadvantaged; d) Further assessment offers a valuable way to examine the evidence and develop recommendations in respect of a policy about which there are concerns among affected individuals and representative groups, for example in respect of multiple identities; e) The policy is likely to be challenged by way of judicial review; f) The policy is significant in terms of expenditure. In favour of minor impact a) The policy is not unlawfully discriminatory and any residual potential impacts on people are judged to be negligible; b) The policy, or certain proposals within it, are potentially unlawfully discriminatory, but this possibility can readily and easily be eliminated by making appropriate changes to the policy or by adopting appropriate mitigating measures; c) Any asymmetrical equality impacts caused by the policy are intentional because they are specifically designed to promote equality of opportunity for particular groups of disadvantaged people; d) By amending the policy there are better opportunities to better promote equality of opportunity and/or good relations. In favour of none a) The policy has no relevance to equality of opportunity or good relations. b) The policy is purely technical in nature and will have no bearing in terms of its likely impact on equality of opportunity or good relations for people within the equality and good relations categories. Taking into account the earlier evidence, consider and comment on the likely impact on equality of opportunity / good relations for those affected by this policy, by applying the following screening questions and the impact on the group i.e. minor, major or none. 6

7 Screening questions 1 What is the likely impact on equality of opportunity for those affected by this policy, for each of the Section 75 grounds? Minor/Major/None Section 75 category Details of policy impact Level of impact? Minor/Major/None Religious belief Political opinion The governing body recognition policy promotes equality of opportunity and good relations as governing bodies are recognised who represent the interests of a wide range of different groups with different needs and different affiliations (UK, all- Ireland, NI stand-alone). Decisions on the structure of an organisation are made by the members of the governing body. Whilst sport in Northern Ireland may remain differentiated by religion on a perceptual basis, the recognition policy will ensure that this is not reflected in the governing documents or operations of governing bodies and that membership is open to all members of society. Furthermore, the policy recognises rights under the Belfast / GFA: Under the 1998 Belfast Agreement, people from Northern Ireland have the right to identify themselves and be accepted as Irish or British, or both. UK or all Ireland bodies applying to be recognised in the jurisdiction of Northern Ireland are expected to provide evidence of agreements or arrangements which are in place to ensure athletes rights to choose their country of representation are accommodated and that the Agreement is being adhered to. The governing body recognition policy promotes equality of opportunity and good relations as governing bodies are recognised who represent the interests of a wide range of different groups with different needs and different affiliations (UK, all- Ireland, NI stand-alone). Decisions on the structure of an organisation are made by the members of the governing body. 7

8 Furthermore, the policy recognises rights under the Belfast / GFA: Under the 1998 Belfast Agreement, people from Northern Ireland have the right to identify themselves and be accepted as Irish or British, or both. UK or all Ireland bodies applying to be recognised in the jurisdiction of Northern Ireland are expected to provide evidence of agreements or arrangements which are in place to ensure athletes rights to choose their country of representation are accommodated and that the Agreement is being adhered to. Racial group The governing body recognition policy promotes equality of opportunity and good relations as governing bodies are recognised who represent the interests of a wide range of different groups with different needs and different affiliations (UK, all- Ireland, NI stand-alone). Decisions on the structure of an organisation are made by the members of the governing body. Age Marital status Sexual orientation The majority of sports include provision for the development of the sport for all age groups including underage, open and veterans. There are examples where some underage members are excluded, however this is due to the nature of the activity. Sport NI does not consider information regarding the marital status, sexual orientation and dependants groups in relation to the governing bodies of sport relevant to the recognition policy as a separate consideration to the implementation of an equality policy referring to all 9 section 75 strands.. Sport NI does not consider information regarding the marital status, sexual orientation and dependants groups in relation to the governing bodies of sport relevant to the recognition policy as a separate consideration to the implementation of an equality policy referring to all 9 section 75 strands.. 8

9 Men and women generally The policy states that only one governing body will be recognised per sport, Sport NI does not recognise distinct governing bodies for men and women where they may have existed historically. The recognition policy will not allow for any new single gender governing bodies and a policy of encouraging amalgamation where separate male and female governing bodies have existed has been implemented. Disability Sport NI has adopted a twin track approach to the development of sport for disabled people. Whilst promoting the mainstreaming of disabled people into governing body programmes, Sport NI also recognises the need for separate provision for people with disabilities if equality of opportunity is to be provided. Dependants Sport NI does not consider information regarding the marital status, sexual orientation and dependants groups in relation to the governing bodies of sport relevant to the recognition policy as a separate consideration to the implementation of an equality policy referring to all 9 section 75 strands.. 9

10 2 Are there opportunities to better promote equality of opportunity for people within any of the Section 75 categories? Section 75 category If Yes, provide details By introducing the flexibility to review recognition and for governing bodies to submit documentation annually, the revised governing body recognition policy will provide an opportunity to offer greater access to recognition for those organisations who can justify why they should be the lead body for a sport. It will enable Sport NI to review recognised governing bodies to ensure they are continuing to meet the criteria set out in the policy. The recognition criteria contained within the policy includes a section which ensures that all governing bodies are (as far as possible) responsive to the needs of the nine equality groupings. The Sport NI will continue to work closely with DCAL, UK Sport, the Home Country Sports Councils and the Irish Sports Council in the implementation of this policy to ensure that its implementation is fair and equitable within a UK and all island sporting environment The policy requires governing bodies to have an appropriate equality policy. Within the new policy, UK or all-ireland governing bodies are required to evidence formal agreements which outline mechanisms in place ensuring that participants can choose to represent GB&NI or Ireland regardless of the recognised pathway therefore adhering to the requirements of the Good Friday Agreement. Sport NI will adopt a fair and equitable approach to implementing the policy, whilst taking into consideration the UK/all island context within which sports are promoted and controlled. If No, provide reasons 10

11 3 To what extent is the policy likely to impact on good relations between people of different religious belief, political opinion or racial group? Minor/Major/None Good relations category Details of policy impact Level of impact Minor/Major/None Religious belief Political opinion Racial group The governing body recognition policy promotes equality of opportunity and good community relations as governing bodies are recognised who represent the interests of a wide range of different groups with different needs and different affiliations (UK, all-ireland,ni stand-alone). Decisions on the structure of an organisation are made by the members of the governing body. None positive impact None positive impact None positive impact 4 Are there opportunities to better promote good relations between people of different religious belief, political opinion or racial group? Good relations category If Yes, provide details If No, provide reasons The governing body recognition policy promotes equality of opportunity and good community relations as governing bodies are recognised who represent the interests of a wide range of different groups with different needs and different affiliations (UK, all-ireland, NI stand-alone). Decisions on the structure of an organisation are made by the members of the governing body. Additional considerations Multiple identity Generally speaking, people can fall into more than one Section 75 category. Taking this into consideration, are there any potential impacts of the policy/decision on people with multiple identities? (For example; disabled minority ethnic people; disabled women; young Protestant men; and young lesbians, gay and bisexual people). 11

12 No implementation of the policy is only likely to have a positive impact upon people with multiple identities. Provide details of data on the impact of the policy on people with multiple identities. Specify relevant Section 75 categories concerned. There is no specific data. 12

13 Part 3: Screening Decision In light of your answers to the previous questions, do you feel that the policy should (please underline one): 1. Not be subject to an EQIA (with no mitigating measures required) 2. Not be subject to an EQIA (with mitigating measures /alternative policies) 3. Not be subject to an EQIA at this time 4. Be subject to an EQIA If 1. or 2. (i.e. not be subject to an EQIA), please provide details of the reasons why: If 2. (i.e. not be subject to an EQIA), in what ways can identified adverse impacts attaching to the policy be mitigated or an alternative policy be introduced? While the policy is UK-wide in scope, it nevertheless accommodates the special circumstances that prevail in NI regarding nationality under the terms of the Good Friday / Belfast Agreement. The recognition policy has effectively addressed complex identity concerns in the past and continues to provide a solid foundation for future work, although Sport NI commits to providing regular legal opinion to ensure that it continues to reflect recent case law in this area. In October 2015, Sport NI received and considered legal advice which provided opinion on the policy and in particular the policy direction to recognise one governing body of sport per sporting activity. The advice considered that the policy provides a solid foundation for future work regarding the promotion of good relations; and supports the provision of equality of opportunity for people within any of the section 75 categories. In light of the advice received it is considered that there is no requirement for Sport NI to revise, amend or re-screen the policy. 13

14 In light of these revisions, is there a need to re-screen the revised/alternative policy? Yes / No. If No, please explain why If 3. or 4. (i.e. to conduct an EQIA), please provide details of the reasons: Timetabling and prioritising EQIA If 3. or 4., is the policy affected by timetables established by other relevant public authorities? YES / NO If YES, please provide details: Please answer the following questions to determine priority for timetabling the EQIA. On a scale of 1-3, with 1 being the lowest priority and 3 being the highest, assess the policy in terms of its priority for EQIA. Priority criterion Rating (1-3) Effect on equality of opportunity and good relations Social need Effect on people s daily lives Relevance to a public authority s functions Note: The Total Rating Score should be used to prioritise the policy in rank order with other policies screened in for EQIA. This list of priorities will assist you in timetabling the EQIA. Details of your EQIA timetable should be included in the quarterly Section 75 report. Proposed date for commencing EQIA: 14

15 Part 4: Monitoring Effective monitoring will help identify any future adverse impacts arising from the policy which may lead you to conduct an EQIA, as well as help with future planning and policy development. You should consider the guidance contained in the Commission s Monitoring Guidance for Use by Public Authorities (July 2007). The Commission recommends that where the policy has been amended or an alternative policy introduced, then you should monitor more broadly than for adverse impact (See Benefits, P.9-10, paras of the Monitoring Guidance). Please detail proposed monitoring arrangements below: Sport NI will continue to regularly monitor those who participate in all sports by Section 75 grounds, and where any anomalies are identified then further action will be taken. These data are regularly reported on and reviewed on an annual basis, and continue to reflect in policy development.. Part 5: Approval and Authorisation Screened by: Position/Job Title Date Approved by: Note: A copy of the Screening Template, for each policy screened should be signed off and approved by a senior manager responsible for the policy, made easily accessible on your website as soon as possible following completion and made available on request. 15