Wednesday 5 September 2012

Will equality rights in the UK survive the snuffing of the paralympic flame ?

I am keenly aware that for many people there are simply so many issues crowding for attention, and equalities has always been something hard to grapple with for the white, anglo-saxon, protestant chatterati who look forward to episodes of 'In the Thick of It' as a chance to look in the mirror and bray self-consciously.  

The 'double dip' for some of them is what you buy in Sainsbury's to go with the picnic hamper alongside the sun-dried tomatoes flown in specially from a village on the south facing slopes of a charming little farm in Tuscany.

For most people, the double dip recession has found the slow progress with eliminating discrimination halting and then slowly drifting back into the deeper waters of bigotry, prejudice, abuse and hatred.  At the same time, government's obsession with reducing the deficit through cuts in public sectior spending has meant the capacity and ability of the Equality & Human Rights Commission {EHRC] to protect the rights of people to being treated fairly and without discrimination is being squeezed until the protection available is as effective as using a kleenex as a condom.  At the same time as the reflected glory of the paralympics is milked by government, the grinding down of the EHRC resources continues.  It is now at a point where one can begin to question whether the EHRC will be fit for purpose.

The staff at the EHRC have written to one of the EHRC Commissioners with their concerns, and I believe their case deserves a much wider audience.  I can do no more than set out what they wrote and invite you to read and then act :


Margaret Prosser OBE
Chair EHRC Resources Committee
Equality and Human Rights Commission
3 More London
London
SE1 2RG

23 July 2012


Dear Margaret,
In June 2012 the EHRC Resources Committee, which you chair, approved proposals that would see the Equality and Human Rights Commission reduce its staff headcount to 150 from an original headcount of 525 in 2007, with more posts to disappear once a shared services review is complete.  Based on figures provided by the Commission, the proposed Organisational Design indicates that the 19 posts in the management team (Executive Directors, Directors and Deputy Directors) will cost £2.2 million, which represents an average cost of £100,000 for each post.  Such a large management team in such a small organisation is hugely disproportionate and inappropriate and mirrors no other organisation of similar size or function.   
In addition, it is proposed that 89 of the lowest paid posts (levels 1 – 3) will be deleted.  BME and disabled staff are particularly over-represented in these grades, as shown in the Commission’s Diversity Workforce Data Report 2010/11[i].  The deletion of these posts coupled with the planned closure of many offices will mean that virtually all the Commission’s BME and disabled staff will lose their jobs.  The newly appointed top layer of management is already exclusively white. The Commission also appears to have done virtually no equality analysis of the impact of losing these staff who are protected by the Equality Act 2010.  Like all listed authorities, the Commission has to demonstrate how it has paid due regard to the aims of the general equality duty in the Act which includes taking steps to meet the needs of protected groups and to mitigate adverse impacts it has identified, including the impact on staff and service users.  This has not been done and puts the Commission in breach of the very Act it enforces.  If implemented, these proposals  could create a future Commission composed of entirely white staff and almost no disabled staff.  We are also unaware of any plans to consult stakeholders and service users on these proposals.

In addition, it is proposed that Manchester, the Commission’s largest office, will close in 2014 and the Birmingham office will close this year, as well as all our regional hubs, including Guildford, Leeds, Newcastle and Cambridge. In addition, Edinburgh and Bangor are earmarked for closure. The rationale put forward is that the Commission will eventually locate its entire English operation on the edge of London ‘close to the majority of our key stakeholders’.  The logic behind this escapes us and we are sure the majority of our stakeholders will agree.  In addition, Scotland and Wales will see its headcount reduced to nine staff each; this is in addition to the recent announcement that the newly privatised Helpline service will have no presence in either Scotland or Wales.  This amounts to the near destruction of the Commission’s presence in these two nations, with the loss of crucial expertise and knowledge of devolved matters.
We are also confounded by the decision to limit the number of lawyers to eleven for the whole of Great Britain, given the fact that the Commission is a statutory body responsible for enforcing the Equality Act and promoting human rights.  It is difficult to see how the Commission will effectively carry out its core functions with such limited legal resources.
As you know all of the above proposals were prepared in the context of disproportionate cuts to the budget of the Commission and indeed the June 2012 Resource Committee papers indicate a further fall in 2014/15 with a forecasted budget of £18 million.  This is less than the 2006 budget of the Commission for Racial Equality (CRE) which was only responsible for enforcing the Race Relations Act, and several million less than the Disability Rights Commission (DRC).  The EHRC will have 45 fewer staff than the CRE and 66 less than the DRC.[ii]
In addition, the budget forecast for 2014/15 indicates staffing costs of £9.2 million but the newly published Organisational Design for 150 posts costs just over £8 million.  We are curious to see why forecasts approved by the committee you chair shows that the staffing budget will increase by over a half a million in a couple of years after you have spent in excess of £6 million to make staff redundant in the coming months.  An extra half a million pounds could help us retain up to 35 level 1 posts.  The proposed redundancy costs this year is in addition to the £3.84 million already spent on voluntary exits since 2011, hardly a prudent way to spend taxpayers money.  We also want to know why your committee believes that the budget will be reduced to £18 million in 2014/15 as the Government have made no announcement to this effect.
Clearly there are financial realities we must all face in the current economic climate but we do not accept that the proposals your committee approved are the right proposals.  Disproportionate expenditure on the management team and the loss of lawyers, caseworkers and advisers will mean that the victims of discrimination and human rights abuses will be badly served.  As you know the Government have also removed our grants funding which distributed £14 million since 2007 to voluntary bodies and law centres advising and representing victims of discrimination.  Meanwhile the Government plans  to cut £350 million from the legal aid budget next year. 
As an ex President of the TUC¸ and a former member of the Employment Appeals Tribunal, and Deputy General Secretary of the TGWU you will understand the impact of these decisions better than most.  It is vital that the Commission target the bulk of its resources on helping people at a time when the vulnerable need it most.  Indeed, we have already seen the number of legal actions the Commission has taken drop to 25 legal actions compared with 59 in the same period last year[iii], following the departure or skilled staff under two voluntary exit schemes. 
No doubt you will advise us that you are saving the Commission from closure and that we need to live in the 'real world'.  We have this to say to you, first this is not a rescue but the death knell for equalities and human rights. We believe that even our critics would prefer an independent commission which uses public money wisely on providing services to the public rather than on higher salaries for senior managers and consultants.'

Second, we are living in the real world. We are facing unemployment - possibly long term for BME and disabled staff - but we still have bills to pay and families to care for while the organisation is changed into one in which the majority of staff will have no place.
The proposals your committee approved are now subject to a statutory consultation with the trade union side under s188 of the Trade Unions and Labour Relations Act , with the bulk of redundancies planned for autumn this year.  We are writing to you as Chair of the Resources Committee to ask you to withdraw these proposals and to commence a meaningful consultation with staff, our trade unions and stakeholders so that together we can design a Commission fit for the 21st Century. 
As Deputy Chair of the Commission and a member of the Board of Commissioners I'm sure you would not want the Board to repeat the mistakes identified in the 2010 report by the Public Accounts Committee[iv], which found that the Board failed in its duty to scrutinise and oversee the process of setting up the Commission which cost over £38.8m. 

Yours sincerely


Signatures



[ii] Legacy Commissions’ budgets and staffing in 2006 which the EHRC replaced:

                   Budget allocated in final financial year
EOC:       £  9.2      
DRC:        £21.2
CRE:         £19        
Total         £49.4 million

                    Staff numbers as reported in final annual accounts
EOC:                       165
DRC         216
CRE        195
Total       576

[iv] http://www.publications.parliament.uk/pa/cm200910/cmselect/cmpubacc/124/12404.htm



Would the last person to leave the EHRC switch off the lights of equality across the UK?

The Commissioners of the Equality & Human Rights Commission [EHRC] are due to meet on 10th October to consider the future of the EHRC.  It appears the government has managed to put the fear of death into them as they are contemplating cuts further and deeper than government has asked for.  And this from people charged with defending the equality rights of so many people who live with discrimination on a daily basis.

I have copied below a statement issued by the PCS union on behalf of the staff left working at the EHRC.  It invites readers to make their views known on this shameful plan.  It needs no more from me :


The Olympic opening ceremony was deservedly hailed as a masterful summary of Britain past and present. In what has been generally accepted as a celebration of the ‘peoples' history’ of our country it also successfully interpreted the strengths of a culturally diverse nation. From the rendition of the National Anthem by disabled singers, to the inclusion of the Suffragettes and the Windrush generation, it harnessed a strong theme that equality and diversity and human rights are part of our national identity.
It is therefore unforgiveable that at the very moment that the country is reflecting with pride on this redefined self image that the very existence of the body with responsibility for promoting and protecting these ideals, the Equalities and Human Rights Commission (the Commission), is threatened.
Plans to reduce the powers and resources of the Commission are an even greater threat to disabled people given this Government's plans to reduce disability benefits and the denigration of disabled people in the tabloid media.
Some of you may not be aware of the important powers that the Commission has with regard to the rights of disabled people and why you should be concerned about its future. The Commission replaced three legacy commissions in 2007; the Disability Rights Commission, the Equal Opportunities Commission and the Commission for Racial Equality. It is the body responsible for promoting equality and diversity and human rights. It is also responsible for enforcing the equality laws that protect people from disability discrimination. The Commission has produced a statutory codes of practice on employment and services, public functions and associations. They provide guidance and good practice for employers, service providers, public authorities and associations on achieving disability equality. These codes are the authoritative, comprehensive and technical guide to the Act’s provisions and can be relied on by people taking discrimination cases in courts and tribunals.
The Commission is also empowered to conduct statutory inquiries. For example, the Commission recently conducted an inquiry into disability-related harassment: 'Hidden in plain sight'. The findings of the inquiry showed that hundreds of thousands of disabled people regularly experienced harassment or abuse but a culture of disbelief is preventing public authorities from tackling it effectively. Consultation events have been held in the wake of the report to given disabled peopled the opportunity to identify the critical outcomes they want to see happen.
The Commission, which is Britain's National Human Rights Institution, is also one of the UK bodies designated by the Government to promote, protect and monitor implementation of the Convention on the Rights of Persons with Disabilities (UNCRPD). This convention reaffirms disabled people's human rights and signals a further major step in disabled people's journey to becoming full and equal citizens. The Commission has made a number of statements and submissions in support of convention rights.
The Commission also used its grants programme to fund organisations providing advice and representation to the victims of disability discrimination. It also provides a conciliation service to help people with disabilities negotiate settlements rather than having to go to court. You can read more about the Commission's disability work at http://www.equalityhumanrights.com/about-us/vision-and-mission/our-business-plan/disability-equality/ or phone our helpline for advice - numbers at the end of this letter.

I am sure you will agree that the Commission must be properly resourced to continue and build on this good work. However, the Commission's very survival is at stake following devastating cuts to its budget. In the 2010 Comprehensive Spending Review the Government decided to cut the Commission's budget to £26 million by 2014/15. This represented a 62% cut to its original budget and heralded the closure of its grants programme and the outsourcing of its helpline which moves to a private sector provider this autumn.
The Commission has already lost over 200 skilled and experienced staff due to the cuts and many who left were experts in disability discrimination Already reeling from the impact of these cuts, staff were astonished when the Commission presented proposals in June which anticipates a further cut of 30% to its budget by 2014/15. The Government have made no such announcement.

These proposals are now subject to a statutory consultation with the trade unions before they are approved by the Commission's Board on 10 October. These proposals would mean the loss of an additional 100 posts, leaving 150 posts to cover all of Great Britain and only 11 legal posts in total. The new structure will have virtually no staff providing frontline services such as advice, casework and mediation and there are only 11 legal posts in the proposed structure - copy attached. More posts are scheduled to disappear following a review of shared services such as the finance and human resources. This will reduce the overall number of staffing to approximately 120 since there are no plans to recover the posts lost through shared services. This will mean that the Commission will have less staff than the DRC and considerably less money than the three legacy commissions it replaced, despite have a much wider remit.[1]

The proposals also recommend the closure of our biggest site in Manchester and our Birmingham office. The remaining regional offices in Edinburgh, Bangor, Leeds, Newcastle, Cambridge and Guildford are also earmarked for closure, removing a key contact point for organisations delivering disability related services around the country.
The ending of the grant aid system for discrimination cases, coupled with the reduction in the Commission's enforcement functions means that access to justice for disabled people will be increasingly denied. This is a huge concern particularly when Government plans to cut the legal aid budget by £350 million comes into effect next year and it introduces fees for taking cases in the Employment Tribunal (this is currently free).
The Unions representing staff in the EHRC, PCS and Unite, are pledged to fight these dramatic reductions in services. This is not only about trying to protect peoples' jobs but also about upholding the fundamental principles of equality and human rights in our society. The advances we have made in making equality and human rights a reality comes from challenging discrimination. These values have been won at great cost and it is very possible that progress will be reversed if we become too complacent.
The real legacy that should emerge from the spirit of the London Olympics is that the body charged with promoting equalities in our society should retain the muscle to do its job.
What you can do
As we have said earlier, the Commission's Board have to approve these proposals on 10 October 2012. If approved they will be implemented later this year. We think the proposals are fundamentally flawed as they are based on an assumption that the budget will be reduced to £18 million by 2014/15. It is unlikely that the Government will impose a further cut of 30% following the hugely disproportionate cuts made in the last Comprehensive Spending Review.

We would therefore like you to:
  • demand that the Commission is properly resourced and staffed so that it can provide the services to disabled people intended by Parliament.
  • write to members of the Board asking them to reject these proposals and to commence a meaningful consultation with staff, their trade unions and disabled stakeholders
With your help we can have a Commission fit for the 21st Century; one that disabled activists fought for when they succeeded in establishing the DRC and the Disability Discrimination Act.
Board Details and areas of special interest. Michael Smith is Chair of the Disability Committee.

Trevor Phillips OBE (Chair, departs 7 September)
Baroness Margaret Prosser of Battersea OBE (Acting Chair) - ex president of the TUC
Sarah Anderson
Stephen Alambritis - private sector
Ann Beynon OBE - Wales Commissioner
Professor Geraldine Van Bueren - human rights
Kay Carberry CBE - Assistant General Secretary of the TUC
Baroness Sally Greengross OBE - age
Baroness Meral Hussein Ece OBE
Dr Jean Irvine OBE
Kaliani Lyle - Scotland Commissioner
Angela Mason - LGBT
Michael Smith - Disability Race
Simon Woolley - Race

at 3 More London, Riverside Tooley Street, London SE1 2RG
If you want to raise issues particular to Wales you should direct your letter to the Wales Commissioner Ann Beynon OBE and for Scotland Kaliani Lyle who is the Scotland Commissioner. Both can be reached at the address above