L
EQUALITY SCHEME
SECTION 75 AND SCHEDULE 9
OF THE
NORTHERN IRELAND ACT
March 2003
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Contents
Page
1.
Background to the Scheme
3
2.
The Open University’s Commitment to the Scheme
6
3.
Consultation Process
8
4.
Introduction to the Open University
10
5.
Statutory Duty under Section 75 of the Northern Ireland Act
19
6.
Arrangements for Assessing Compliance with Section 75 duties
23
7.
Arrangements for Screening and Prioritising
27
8.
Equality Impact Assessments
29
9.
Timetabling
30
10.
Consultation
31
11.
Monitoring
33
12.
Publication of Assessments and Monitoring
35
13.
Training
37
14.
Public Access to Information and Services
40
15.
Publication of the Scheme
42
16.
Complaints
43
17.
Summary Timetable
44
18.
Appendices
46
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1.
Background to the Scheme, its Scope and Purpose
This introductory section to the Open University’s Equality Scheme explains why
equal opportunities are important, and how the Open University can fulfil the
objectives of its Charter in a way that will promote equal opportunities and good
relations in Northern Ireland.
1.1
The Need for an Equality Scheme – The Northern Ireland Act
The new duties for public authorities in Northern Ireland to promote equality of
opportunity and good relations grew from the multi-party talks in Northern Ireland,
(the ‘Peace Process’) which culminated in the Belfast Agreement of 1998.
The ‘Rights, Safeguards and Equality of Opportunity’ section of the Belfast
Agreement included a commitment to introducing new statutory duties on public
authorities to ‘mainstream’ equality and good relations.
These duties were subsequently promulgated in Section 75 of the Northern Ireland
Act 1998.
The new statutory duties make equality central to the whole range of public policy
decision-making. This approach is referred to as ‘mainstreaming’ and aims to
condition and influence policy-making in all spheres and at all levels of government
activity and public policy decision making.
Mainstreaming equality is important for several reasons. Experience in Northern
Ireland and elsewhere shows that questions of equality may easily become sidelined
in organisations. Effective attention to ‘mainstreaming’ addresses this problem, by
requiring all public authorities to engage directly with equality issues at an early
stage in policy development. This is complementary to making more effective those
measures adopted specifically to tackle discrimination, such as anti-discrimination
law.
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The Northern Ireland Act 1998 (hereafter, “the Act”) requires public bodies to
conduct their business in a way which promotes equal opportunities and good
relations. Although the Open University is not a public body in Northern Ireland, it
has been designated as such, for the purposes of the Act, by the Minister for
Employment and Learning. The date of this designation was 13 April 2001.
1.2
Section 75 of the Northern Ireland Act 1998 (the Act) requires public authorities in
carrying out their functions relating to Northern Ireland, to have due regard to the
need to promote equality of opportunity.
(a) between persons of different religious belief, political opinion, racial group, age,
marital status or sexual orientation;
(b) between men and women generally;
(c) between persons with a disability and persons without; and
(d) between persons with dependants and persons without.
Without prejudice to these obligations, a public authority is also required, in carrying
out its functions, to have regard to the desirability of promoting good relations
between persons of different religious belief, political opinion or racial group.
Schedule 9 of the Act (the Schedule) sets out a detailed procedure for the
enforcement of these duties. In brief, public authorities are each required to produce
an Equality Scheme stating how they propose to fulfil these duties. This must be
submitted to the Equality Commission (the Commission) for approval.
The Act provides that Equality Schemes produced by public authorities must
conform to any Guidelines as to form and content issued by the Commission with
the approval of the Secretary of State for Northern Ireland.
The public authority must conduct a review or the Scheme within five years of
submission of the Scheme to the Commission and the Commission must be
informed of the outcome of that review.
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1.3
The Equality Commission
The Equality Commission for Northern Ireland has replaced the Equal Opportunities
Commission, the Fair Employment Commission, the Commission for Racial Equality
of Northern Ireland and the Northern Ireland Disability Council.
The Equality
Commission is responsible for ensuring that organisations fulfil their legal duties
relating to equality and promoting good relations.
1.4
Producing the Open University Scheme
The Open University Scheme was prepared under the direction of the Regional
Director working with the Assistant Director (Development) and with guidance from
the Open University’s Equal Opportunities Unit.
It is broadly similar to other
schemes in the Northern Ireland Higher Education sector produced by Queen’s
University, Belfast, and the University of Ulster apart from the major difference of the
Open University in Northern Ireland being part of a larger all U.K. institution. This
difference has implications for the OU in Northern Ireland with regard to practical
matters such as central approval of policies and their implementation in Northern
Ireland – these are referred to in this document.
The Scheme attempts to meet the guidance laid down by the Equality Commission
and has been prepared with the support and approval of the appropriate authorities
and decision-making bodies within the Open University.
__________________________________________
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2.
The Open University’s Commitment to the Scheme
This document comprises the Open University’s Equality Scheme, in keeping with
the requirements of Section 75 and Schedule 9 of the Northern Ireland Act 1998.
The Open University recognises its statutory obligations under this legislation, and
is fully committed to the fulfilment of these obligations, specifically in relation to (i)
the promotion of equality of opportunity between persons of different religious
belief, political opinion, racial group, age, marital status or sexual orientation;
between men and women generally; between persons with a disability and persons
without; and between persons with dependants and persons without, and (ii) good
relations between persons of different religious belief, political opinion or racial
group. This Equality Scheme endeavours to describe how the Open University will
propose to meet these obligations in Northern Ireland.
Under the power and authority vetted by The Council and by the Senate of the
University in my position as Vice-Chancellor, it is my responsibility, delegated
through the Open University Regional Director for Northern Ireland, to ensure that
the formulation and implementation of the Open University’s policies are in
compliance with the Act.
In order to achieve this goal, I have instructed my
Regional Director to ensure that all members of OU staff in Northern Ireland are
made familiar with this Scheme and its implementation through a planned
programme of communication and training.
In collaboration with central and regional colleagues, it will be the responsibility of
the Regional Director to ensure that new policies will be formulated and
implemented in compliance with the provisions of the Scheme. She shall also be
responsible for instigating a review of existing policies, to ensure compliance
throughout the Open University’s entire range of policies.
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I shall ensure that appropriate internal arrangements are put in place, including a
commitment to the allocation of necessary resources to ensure that the Equality
Scheme can be implemented effectively, that progress can be monitored and
reviewed in due course and that details of the Scheme are available in accessible
formats and in a timely fashion.
________________________
Professor Brenda Gourley
Vice-Chancellor
The Open University
Regional Director’s Statement:
As Regional Director of the Open University in Ireland I undertake to ensure that the
formulation and implementation of the Open University’s policies in Northern Ireland
are in compliance with requirements of Section 75 and Schedule 9 of the Northern
Ireland Act 1998. I am directly responsible to the Vice-Chancellor of the University
for ensuring the effective implementation of the Open University’s Equality Scheme
in Northern Ireland.
____________________________
Dr Rosemary Hamilton
Regional Director
The Open University Region 12 Ireland
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3.
Consultation Process
Consultation with those in the community who are affected by the University’s
policies is central to the successful operation of the Equality Scheme. The Scheme
is, therefore, being presented to the Equality Commission following consultation with
community groups and representatives. The Open University has welcomed
comments from the general public; community groups; interest groups; students and
their representatives; staff and their representatives; and representatives of people
of different religious beliefs, political opinion, racial groups, age, gender, disability,
marital status, sexual orientation and those with and without dependants.
The
closing date for the receipt of comments was Friday 7 th December 2001. The Open
University continues to welcome comments which will help with the implementation
of its Equality Scheme. All comments should be sent to:
Mr Gary Sloan
Assistant Director (Development)
The Open University
Regional Centre
40 University Road
Belfast BT7 1SU
Tel: 028 9024 5025 Ext. 72162
Email: w.g.sloan@open.ac.uk
Fax: 028 9023 0565
The Scheme can be made available on disc or in large print and in Braille, also in
minority languages (for those who are not fluent in English), or on an audio-cassette,
by contacting the Open University at the address above.
_________________________________________
The Open University has received responses from the following:-
1.
Committee on the Administration of Justice (CAJ)
2.
British Deaf Association
3.
Coalition for Sexual Orientation
4.
Department of Culture, Arts and Leisure
5.
Department for Employment and Learning
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6.
Disability Action
7.
Eastern Health and Social Services Board
8.
Education & Library Board – Belfast, Ulster and Irish Studies, Belfast
Central Library
9.
Lifestart Mid-Ards
10.
The Mediation Network for Northern Ireland
11.
Mencap in Northern Ireland
12.
N.B.N.I. Centre House, Chichester Street, Belfast
13.
N.I.C. Northern Ireland Committee, Irish Congress of Trade Unions
14.
Rural Community Network
15.
Training for Women Network Ltd
16.
West Belfast Economic Forum
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4.
Introduction to the Open University
4.1
Established by Royal Charter in 1969, the Open University is now Britain’s largest
single teaching institution.
It was responsible for pioneering the concept of university-level education at a
distance through supported open learning available to all adults, regardless of their
previous qualifications. Today, it is recognised as a world leader with a reputation
founded on the high quality and broad range of its courses and on its learning
support and services to students.
Over a million people from all walks of life have now benefited from such courses,
and in any one year more than 200,000 study throughout the UK, Ireland and
beyond. It is rapidly expanding to become a genuinely European Open University,
without walls or frontiers.
The OU’s headquarters are situated at Walton Hall - an attractive campus location in
the fast-developing city of Milton Keynes, with its central position between London
and Birmingham and Oxford and Cambridge.
Whilst the OU is a national university, it also retains a local identity.
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regional centres ensure that its students receive services which are accessible from
their homes and workplaces.
In Northern Ireland, the Open University has had a regional presence in Belfast
since 1970 when it registered over 1,000 students.
Since 1996 it has had a
complementary Enquiry and Advice Centre in Dublin. Over 8,000 students were
registered in 2001 for the Open University in Ireland.
The Open University in Region 12 remains committed to Michael Young’s vision for
an “Open University” and to the University's original mission, articulated by Lord
Crowther for the Open University in 1969, to be 'open as to people, open as to
places, open as to methods and open as to ideas'. This is the mission which has
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inspired students, staff and the wider public for a generation. It emanates from a
commitment to research and scholarship of the highest quality and a commitment
and ability of staff to make each Open University course intellectually exciting and,
in the words of the former Vice-Chancellor Sir John Daniel, "academically
unassailable".
4.2
The Objectives of the Open University
The objects of the Open University as embodied in the Article of the Charter are the
advancement and dissemination of learning through teaching and research by a
diversity of means such as broadcasting and technological devices appropriate to
higher education, by correspondence tuition, residential courses and seminars, and
in other relevant ways. The Open University is also required to provide education of
university and professional standards for its students, and to promote the
educational well-being of the community generally.
Currently the specific objectives of the Open University are set out in its “Plans for
Change 2000 - 2010”, the University’s Strategic and Development Plans as follows:-
i.
Improving the attractiveness of the OU for lifelong learning

To achieve a shift in the in the OU student mix over the next few
years, in particular by providing more courses to meet people’s
needs for continuing professional development and up-dating, and
for leisure learning.

To present a range of financially viable short courses, at further
and higher education levels, in areas of high demand, including
continuing professional development and updating, and leisure
learning; and to develop new processes and systems, where
appropriate, for short courses.
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
To explore further ways of increasing flexibility for students in their
OU study, such as more course start dates each year, more
flexibility in assessment arrangements, ‘stretching’ of study across
presentations, and implementing options that are found to be
feasible and financially viable.

To improve the services we provide in order to provide timely and
useful information to help students make decisions on their
continuing study with the OU, to meet their individual learning
needs.

To take further action to improve retention rates of students within
course, within award and between awards.
ii
New market segments

To explore how to make OU courses more attractive so that new
market segments in the EU can be successfully targeted:
-
younger students (up to 25 years) for undergraduate diplomas
and first degrees.
-
older students (with no dependants, still in work or retired, and
so with time for study, and with disposable income) for leisure
learning and personal development.
-
graduates and diplomates (of the OU and other HEIs) for
postgraduate courses and continuing professional development
and updating.
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-
corporate
markets
for
(mainly
longer)
courses
for
undergraduate and postgraduate awards and for shorter
courses for continuing professional development and updating.
-
membership organisations (such as trade unions, professional
institutions, and those concerned with culture and heritage),
where the nature of the courses provided - more employment
related or leisure learning - will depend on the type of
organisation.

To support partners in developing new markets in particular United
States Open University (USOU).
iii
Widening participation in higher education

To develop and implement a strategy for widening participation in
higher education, by identifying groups currently disadvantaged,
and then seeking out study opportunities that will improve
participation and success for these groups, having regard to any
Government policies and initiatives.

To work collaboratively with other organisations to provide study
opportunities and support, and to prepare students for higher
education study, particularly with the OU for example through
provision of further education with local providers, using the OU’s
supported opening learning method.
iv
Accessibility
 To find ways of improving accessibility to the OU, increasingly
through the use of I&CT, both in teaching and associated
services/administration, and through other appropriate means.
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v
Partnerships
 To enter into strategic partnerships in order to achieve the
objectives above:
-
with corporate universities and large employers
-
with membership organisations
-
with local further education providers
Some partnerships with employer organisations and further education
providers may involve Regional Development Agencies, and relate
specifically to the regions’ priority areas for economic regeneration.
vi
Market research
 To devise and implement an ongoing corporate market research
programme that will support the OU’s strategic development:
-
to understand our markets and market segments better, so that
current and future lifelong learning needs can be better met
-
to gauge the demand for shorter courses
-
to gauge the level of demand in the new market segments put
forward for targeting
4.3
The Open University’s Government Structure
4.3.1 The Open University is governed by a Council which includes amongst its
membership representatives of the academic and non-academic staff,
associate lecturers and students, and a number of external co-opted
members.
Its structure has recently been reviewed and changes to the
Charter and Statutes approved by the Privy Council. It is chaired by the ProChancellor and is normally scheduled to meet five times a year. Subject to
the academic powers of the Senate, the Council exercises general control
over the Open University’s affairs but is particularly concerned with its
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finances and property and with staff matters. The Council will be responsible
for the effective implementation of the Open University’s Equality Scheme for
Northern Ireland.
4.3.2 The Senate is the academic authority of the Open University and comprises
just over 1000 members including all academic staff, both central and
regional, and research fellows, together with specific individuals and elected
representatives of the associate lecturers, students, the BBC, and the nonacademic staff. It is chaired by the Vice-Chancellor and normally meets at
least three times a year.
The Senate controls the Open University’s
academic programme, its teaching and research, regulates its examinations,
and is concerned with the institution of degrees and courses of study. Arising
from these powers it promulgates the Student Regulations of the Open
University, subject to the confirmation of the Council.
The Senate may
subject to the confirmation of the Council, delegate any of its specific powers
as conferred by Statute to a body or person constituted for the purpose, and it
has done this in relation to a growing number of issues.
4.4.
The Duties and Responsibilities of individuals in the Open University
4.4.1 The Vice-Chancellor
The Vice-Chancellor is the Chief Administrative Officer of the Open
University.
Under the statutes of the Open University, the Vice-
Chancellor has a general responsibility to the Council and the Senate
for maintaining and promoting the efficiency and good order of the
Open University. The Vice-Chancellor is formally designated as the
Principal Officer (Accounting Officer) of the Open University under the
terms of the Financial Memorandum issued by the Higher Education
Funding Council (England). In terms of the management structure of
the Open University, the Vice-Chancellor has an overall responsibility
for each unit in the Open University and many of the heads of such
units (e.g. the Deans and Directors of Studies, the Secretary and the
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Director, Student Services) report directly to the Vice-Chancellor.
Within the government structure of the Open University, the ViceChancellor chairs the General Assembly, the Senate, the Academic
Board, the Validation Board, the Strategic Planning and Resources
Committee, the Operational Planning and Budget Committee and the
Honorary Degrees Committee, is a member of the Council and the
Senior Staff Salaries Committee and, by virtue of office, a member of
all boards and committees of the Open University established under
the Council and the Senate.
The Vice-Chancellor also chairs the
Professorial Appointment Committees and the Academic Staff
Promotions Committee.
Ex officio the Vice-Chancellor chairs the
board of OU Worldwide Ltd and is President of the United States Open
University.
4.4.2 The Pro-Vice-Chancellors
The Pro-Vice-Chancellors are appointed by the Council, on the
recommendation of the Senate, from among the staff of the Open
University.
Until 1998 the Charter stated that they should be
appointed from among the academic staff of the Open University; with
the approval of the Privy Council in May 1998 this restriction on
eligibility was removed. They hold office for a period not exceeding
five years and are eligible for re-appointment. The statutes give the
Council the power to determine the number of Pro-Vice-Chancellors
that shall be appointed and the Vice-Chancellor has sole authority to
determine the function and duties of each, subject to their
constitutional roles being a matter for the Senate and the Council.
Pro-Vice-Chancellors are accountable to the Vice-Chancellor for the
execution of their duties.
There are currently five Pro-Vice-
Chancellors, who have been given specific responsibilities in the
following areas:
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(a)
curriculum and awards;
(b)
learning technologies and teaching;
(c)
research and staff;
(d)
strategy, planning and partnerships; and
(e)
students, quality and standards.
4.4.3 The Secretary
The Secretary is an Officer of the Open University and is responsible,
subject to the direction of the Vice-Chancellor, for the administration of
the Open University. The Secretary is also a member of the senior
management team and contributes to the co-ordinated development of
the Open University generally as a member of the Vice-Chancellor’s
Office Meeting (VCOM).
The key responsibility of the Secretary is to work with the ViceChancellor to ensure the effective governance, administration and
management of the Open University, including the efficient deployment
of resource and information.
4.4.4 The Deans
The Deans are the chief academic officers of the Open University
within their respective Faculties/Schools and, as Head of a Spending
Unit, also the chief administrative officer of the Open University within
their Faculty School. A Dean has two major responsibilities:
(a)
to the Faculty/School for providing acceptable leadership and
for representing the views of the Faculty/School in the
formulation and execution of Open University policy;
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(b)
to the Open University as the chief academic and administrative
officer of the Open University within the Faculty/School and
simultaneously for representing to the Faculty/School the policy
of the Open University so that Faculty/School policy is
appropriately affected.
There are 6 Faculties and 2 Schools with Deans in the Open
University. These are:
-
4.4.5
Arts
Social Sciences
Education & Language Studies
Mathematics and Computing
Science
Technology
Open University Business School
School of Health and Social Welfare
The Regional Director – Open University Region 12 Ireland
The Regional Director is the University’s senior responsible officer
within the Region and is responsible to the Director, Student Services
based at Milton Keynes and the Vice-Chancellor. The Regional
Director’s principal responsibilities within the Region are to direct in
accordance with established policies and procedures, the University’s
operations and to co-ordinate the University’s educational system.
She is supported in carrying out these responsibilities by staff of the
Faculties and Schools based in the Region (Staff Tutors/Regional
Managers) and by staff of Student Services - Assistant Directors,
Student Service Managers and non-UAP support staff.
Each has
defined responsibilities and accountabilities in their individual role
descriptions.
The Regional Director will be responsible for the
effective implementation and management of the University’s Equality
Scheme in Northern Ireland.
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5.
Statutory Duty under Section 75 of the Northern Ireland Act 998
5.1
Section 75 of the Northern Ireland Act 1998 ("the Act") requires the Open University,
in carrying out all its functions, powers and duties relating to Northern Ireland, to
have:
Due regard to the need to promote equality of opportunity:

between persons of different religious belief, political opinion, racial group,
age, marital status or sexual orientation;
5.2

between men and women generally;

between persons with a disability and persons without; and

between persons with dependants and persons without.
In addition, without prejudice to its obligation above, the Open University shall, in
carrying out all its functions, powers and duties relating to Northern Ireland, have:
Regard to the desirability of promoting good relations between persons of
different religious belief, political opinion or racial group.
Schedule 9 to the Act requires the Open University to set out how it proposes to
fulfil the duties imposed by Section 75. This document is intended to fulfil that
statutory requirement. In particular, the Act requires that the Scheme must include:
A general introductory statement specifying the purpose of the Scheme, and the
public authority’s commitment to the statutory duty and a description of the internal
arrangements for ensuring that the duty is effectively implemented.
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Specifically:

The authority’s arrangements for assessing its compliance with the
Section 75 duties and for consulting on matters to which a duty under that
section is likely to be relevant.

The authority’s arrangements for assessing and consulting on the impact
of policies adopted or proposed to be adopted on the promotion of
equality of opportunity.

The authority’s arrangements for monitoring adverse impact of policies
adopted by the authority on the promotion of equality of opportunity.

The authority’s arrangements for publishing the results of equality impact
assessments and of monitoring of any adverse impact of policies adopted
by the authority on the promotion of equality of opportunity. This must
include a commitment to including in the published results of an equality
impact assessment:

A statement of the aims of the policy to which the assessment relates;

Details of any consideration given by the authority to measures which
might mitigate any adverse impact of that policy on the promotion of
equality of opportunity;

Details of any consideration given by the authority to alternative policies
which might better achieve the promotion of equality of opportunity.

A commitment that in making any decision with respect to a policy
adopted or proposed to be adopted by it, that the public authority shall
take into account any equality impact assessment and consultation
carried out in relation to the policy.
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
The authority’s arrangements for training staff on issues relevant to the
duties.

The authority’s arrangements for ensuring, and assessing, public access to
information and to services provided by the authority

The authority’s timetable for measures proposed in the scheme.

Details of how the Scheme will be published.

The authority’s arrangements for dealing with complaints arising from a
failure to comply with the Scheme.

A commitment to conducting a review of the Scheme within five years of its
submission to the Equality Commission and to forwarding a report of this
review to the Equality Commission.

On the recommendation of the Equality Commission, the Open University
has included a programme of work on good relations and specifies how
progress on this will be assessed.
For the purposes of this Scheme the term "policy" has been taken to signify the
essential plans of action which inform the execution of the Open University’s duties
and functions both statutory and non-statutory, written and unwritten, current and
proposed in Northern Ireland. A list of existing policy areas is shown in Appendix 4.
5.3
The Open University acknowledges that there may be difficulties in defining policies
and in particular where policies cut across different functions or involve other public
authorities. Where the Open University has lead responsibility for a policy which
requires close co-operation with, or is managed by, other public authorities, it will
ensure that there is active participation by all relevant authorities in any equality
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impact assessment. Where the Open University is required to implement a policy
that has been formulated by another public authority, the implications of that policy
on equality of opportunity and good relations will be addressed in partnership with
the source organisation for that policy.
5.4
Objectives and targets relating to the statutory obligations under the Act will be
integrated into the Region’s strategic and operational plans. The officers of the
Open University based in Northern Ireland will include implementation of the
statutory obligations in performance plans, both individual and collective, and
processes which are currently used to implement and monitor existing objectives
and targets will be employed in relation to the targets and objectives set in relation
to the duties.
5.5
The University will conduct an Annual Review of progress of the Scheme which it
will submit to the N.I. Equality Commission. This will involve an annual assessment
of the progress made and the limitations experienced covering the implementation
of the arrangements specified in the Scheme and in complying with the statutory
duties. It will also include progress on the good relations duty. A report of the
salient points arising from progress made during the course of the year will be made
public.
5.6
An Annual Report will also be submitted to the University's Equal Opportunities Unit.
This will form part of the University's formal Annual Review and Monitoring of
Equality Opportunities policies, procedures and processes and its aim to ensure
best practice in these areas.
5.7
The Open University will ensure, that implementation of its obligations under the Act
is supported insofar as is reasonable with the necessary resources, human and
financial. These will include resources for communicating with staff and providing
appropriate training to those responsible for policy review and implementation.
__________________________________________
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6.
Arrangements for Assessing Compliance with Section 75 Duties
6.1
The Open University is committed to the fulfilment of its Section 75 obligations in its
Northern Ireland region. To this end, internal arrangements have been put in place
to ensure that this commitment will be effectively and demonstrably carried out, and
that progress will continue to be monitored and reviewed.
The statutory responsibility for the effective implementation of the Scheme lies with
the Council of the Open University. Through the powers and authority invested in
the Vice-Chancellor and by means of delegation to its Regional Director in Northern
Ireland, it will be accountable for the development, maintenance and review of the
Scheme in accordance with legislation, good practice, and any guidance which may
be issued by the Equality Commission. The Regional Director will also put in place
such arrangements as are necessary to enable her to review, on a regular basis,
progress in relation to the Scheme. In discharging these duties the Regional
Director will establish a small working group of the Region’s Equal Opportunities
Committee to co-ordinate and manage the implementation of the Scheme, thus
ensuring that the necessary actions are progressed in accordance with the
Scheme’s commitments and timetables. This group will comprise the Regional
Director (Chair), and the Assistant Directors with responsibility for Development,
Student Services and Planning, Resources and Teaching Services. The Region’s
Equal Opportunities Committee will liaise and seek guidance as appropriate, from
the Open University’s central Equal Opportunities Committee.
The Regional Director will provide the central point of contact for the public, officials,
the Equality Commission, and complainants.
She, or her representative as
nominated from the Working Group, will also advise and inform appropriate central
departments of the Open University on the implementation of Section 75
obligations.
The Regional Director can be contacted at Regional Centre, 40 University Road,
Belfast BT7 1SU, Tel: 028 9024 5025, Fax: 028 9023 0565.
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6.2
The Regional Director will delegate to appropriate Section heads the duty to
facilitate equality impact assessments where necessary on existing and new
policies in areas for which they are responsible. She will also ensure that managers
are appropriately trained in the requirements of Section 75 and Schedule 9, and that
assessment of compliance with such duties becomes a mainstream element of their
work.
6.3
The Open University will assess the extent to which each of its current policies has
had an impact on the promotion of equality of opportunity and the promotion of good
relations within the terms of the Act. This will be achieved through an inclusive and
interactive process of (i) screening policies in consultation with representatives of
affected groups, and (ii) subsequent equality impact assessments.
Where appropriate, an equality impact assessment will include an annex on the
promotion of good relations. The organisations indicated at Appendix 6 in relation to
each main policy area will be consulted on these equality impact assessments. The
following organisations will also be consulted specifically in relation to any equality
impact assessment which deals with the promotion of good relations:

Community Relations Council (N.I.)

Northern Ireland Council for Ethnic Minorities

Equality Commission for Northern Ireland
In relation to the duty to promote good relations, the Open University will conduct an
annual audit to determine (i) the state of community relations within the Open
University in Northern Ireland and (ii) how the Open University is perceived in the
community it serves according to religious belief, political opinion and racial group.
The Open University will ensure that progress in meeting the objectives and targets
set, in relation to the statutory duties, will be included in an annual report to the
Commission, this will include progress on its good relations duty. The salient points
arising from its annual report will be made public.
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The Regional Equal Opportunities Committee will meet at least four times each year
to review progress and to help prepare an annual statement for submission to the
Equality Commission. It shall also submit quarterly reports to the University’s Equal
Opportunities Unit and the Council of the University.
6.4
The Open University will address complaints that it has not fulfilled its statutory
obligations and will seek to resolve such complaints bilaterally. It will aim to give a
substantive response to any such complaints within one month. When a
complainant claims to have been directly affected by a failure of the Open University
to comply with the Scheme, that person shall be informed of the procedure for
bringing such a complaint to the Equality Commission.
6.5
The Open University will liaise with the following public authorities which are also
required to submit their own equality schemes but whose duties, functions and
policies are likely to overlap with those of the Open University:
6.6

Queen’s University Belfast

University of Ulster

Department of Employment and Learning

Department of Agriculture and Rural Development

Department of Health, Social Services and Public Safety

Department of Enterprise Trade and Industry
The Open University will conduct a comprehensive review of the Scheme within five
years of its submission to the Equality Commission. This review will include an
assessment of how the Open University has complied with its Section 75 obligations
and how equality of opportunity and good relations have been advanced in relation
to the main functional areas.
6.7
The Open University will consult with those bodies listed at Appendix 6 before
submission of the review to the Equality Commission, and will ensure that the
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consultation process is open and inclusive.
_____________________________________________
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7.
Arrangements for Screening and Prioritising
7.1
The Open University will undertake to complete the initial screening procedure
within six months of the date of commencement of the Scheme. In identifying
policies, to be subject to initial screening, the Open University will use the listing as
shown at Appendix 4.
7.2
The purpose of screening is to identify those policies which are likely to have a
significant impact on equality of opportunity, so that greatest resources can be
devoted to these policies. The Open University will systematically review each
policy in terms of the nine categories listed at Section 75 of the Act. For each policy
the following criteria will be considered:

Is there any evidence of higher or lower participation or uptake by different
groups? 

Is there any evidence that different groups have different needs, experiences,
issues and priorities in relation to the particular main functional areas?

Is there an opportunity to better promote equality of opportunity or good relations
by altering policy or practice, or working with others in Government or the
community at large?

Have consultations in the past with relevant representative organisations or
individuals within the relevant groups indicated that particular policies, functions
or duties create problems that are specific to them?

If the answer to any of these questions is positive then consideration will be
given as to whether the policy will be subject to an equality impact assessment
procedure. Where it is found that there is insufficient data to reach an opinion
then additional information will be sought to inform the decision-making process.

The main groups within each of the nine categories are identified at Appendix 7.
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7.3
Consultations will form an integral part of the screening process, and will include all
those organisations listed in Appendix 6.
The University will comply with the Commission’s guiding principles on consultation
and ensure that consultation is timely, open and inclusive.
Specifically the Open University will work with representative groups and individuals
of the Section 75 categories in order to identify how best to obtain their views. This
may involve face to face meetings, advisory groups, surveys, consultative panels,
internet discussions, citizens juries and other innovative ways of consulting. This is
in recognition that there will be different areas of consultation for different groups
and it will be important to establish the basis for dialogue and engagement during
the life of the Scheme.
A detailed report of the screening exercise will be included in the annual report to
the Equality Commission.
Any new policies developed during the five-year period will be screened for fuller
impact assessment using the criteria as specified above.
_____________________________________________
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8.
Equality Impact Assessments
8.1
Following the screening process, the Open University will determine which policies
will be subjected to equality impact assessment and will determine a timetable for
these assessments. In addition, when the Open University is considering a new
policy it will determine whether the policy has the potential to have significant
implications for equality of opportunity and, if so, it will conduct a full impact
assessment.
The Open University, in making any decision with respect to a policy adopted or
proposed to be adopted, shall take into account any equality impact assessment
and consultation carried out in relation to the policy.
8.2
The methodology which will be used for an equality impact assessment is set out in
Appendix 8.
Equality impact assessments will be conducted in compliance with the requirements
of Annex of the Commission's Guidelines.
Consultation will take place with the relevant interest groups as well as the Equality
Commission, other public bodies, voluntary, community, trade union and other
groups directly affected by the policy under assessment. The Open University will
use such methods of consultation as are described in Section 9.
___________________________________________
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9.
Timetabling
9.1
The screening process will lead to the establishment of a timetable for conducting
equality impact assessments on the Open University's policies over the next five
years.
The Open University will prioritise its policy review programme on the basis of:

relevance to social need

effect on people's daily lives

effect on economic, social and human rights
The timetable will be reviewed on an annual basis to accommodate necessary
changes as dictated by altered circumstances.
9.2
The Open University will report to the Equality Commission in its first annual
progress statement on the results of consultation on the screening exercise and the
timetable for carrying out assessments of existing policies, who was consulted, their
comments, and any changes made consequent to consultation. This report will
indicate
progress
made
and
any
problems
experienced
concerning
the
implementation of the arrangements specified in the Equality Scheme and in
complying with the duties, including the good relations duty.
__________________________________________________
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10.
Consultation
10.1
In line with the guiding principles set out by the Commission, the Open University
will continue to consult during the life of the Scheme, as appropriate, with the
Equality Commission, the Community Relations Council and the bodies listed at
Appendix 6. It should be noted that this list is not exhaustive and may be amended
in the light of experience. The Open University will respond constructively to
proposals from these bodies relating to any aspect of its compliance with the
Section 75 obligations. The Open University will take all reasonable steps to ensure
that any barriers to effective consultation are removed and that systems are in place
to further ensure that information is available in an accessible format and in a timely
fashion.
The Open University recognises the central role of the Department of Employment
and Learning (DEL) in determining policy and guidelines for all bodies within higher
education. In taking forward its Scheme, the Open University will work closely with
the Department in relation to those policies which the Department has developed or
for which it has responsibility under Section 75 of the Act, in order to avoid
duplication of effort and the inefficient use of resources.
The Open University will consult on each stage of the screening process and
subsequently on equality impact assessments, with interested parties, the public,
trade unions, relevant public sector and non-governmental organisations (NGOs).
Consultations will pay due regard to sensitivities of particular groups. The Open
University considers it particularly important that sufficient, timely and appropriate
information is provided to enable all affected groups and individuals to consider the
full implications of proposals, and it will take all necessary steps to ensure this.
10.2
The public and voluntary sector bodies and NGOs to be consulted will include those
listed in Appendix 6. In addition to consultations of the screening process and
equality impact assessments, the Open University will also, from time to time, have
need to consult on legislation, strategies, reviews and other plans. The bodies listed
at Appendix 6 will be included in relevant consultations of this kind.
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In consulting NGOs, the Open University will aim to provide a reasonable period for
response of at least eight weeks and to begin consultation as early as possible.
Where it has not been possible to comply with this requirement the Open University
will monitor and keep under review such circumstances and justify its actions. In
the Open University’s Annual Review adequate time will be allowed for groups to
consult among themselves as part of the process of forming a view.
10.3
In consulting on any matter to which this scheme relates, the Open University will
normally write to the relevant bodies in the first instance. The Open University will
also consult through other means such as meetings, standing or ad hoc consultative
forums, attitude surveys, consultative panels, questionnaires and Internet
discussion groups, having determined through partnerships with individuals and
umbrella groups which format is most effective in providing satisfactory consultation
for the groups identified.
10.4
Barriers to proper consultation will be removed by ensuring accessibility of language
and appropriate format. In relation to the policy on which consultation is to take
place, information will be made available, on request, in accessible formats, and
including Braille, large print, audio cassette, signed video cassette, and minority
languages to meet the needs of those not fluent in English. Arrangements for these
contingencies are in hand with the service providers concerned. Consideration will
be given as to how information may best be communicated to young people and to
those with learning difficulties.
Where necessary, specific training will be provided for those engaged in
consultation exercises to ensure that they have the necessary skills.
In organising consultation meetings, the Open University will aim to ensure a full
participation in setting the time, venue, accessibility, and the provision of childcare.
__________________________________
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11.
Monitoring
11.1 Information concerning the uptake of services provided by the Open University and
the impact of its policies on the different groups within the Section 75 categories will
be of assistance in assessing progress towards equality of opportunity.
Within one year of approval of the Scheme, the Open University will complete an
assessment of the extent of its baseline data and of existing monitoring
arrangements within each of the Open University’s policy areas.
In doing so the Open University will ensure that a system will be established to
monitor the impact of policies in order to identify their effect on the relevant groups.
This will be reviewed on an annual basis and the results will be widely and openly
published as specified in Section 12.1 of this document.
If monitoring and
examination show that a policy results in greater adverse impact than predicted, or if
opportunities arise which would allow for greater equality of opportunity to be
promoted, the Open University will ensure that the policy is revised.
Where monitoring and evaluation show that a policy results in greater adverse
impact than predicted, or if opportunities arise which would allow for greater equality
of opportunity to be promoted, the Open University undertakes to review the policy
accordingly.
11.2
The Open University will assess, in the first instance, the extent to which data
relevant to its policies and those groups affected by them are held internally. It will
then explore other sources of data, including sources available to the affected
groups.
In some cases an equality impact assessment may identify an anticipated
differential adverse impact on particular groups within the Section 75 categories.
Assuming that no alternative policy is feasible, steps will be taken to mitigate such
anticipated adverse impact. The Open University may, in such circumstances,
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commission special monitoring analysis to confirm the extent of the adverse impact
and/or the success of any mitigating measures. Information collated in this special
monitoring would be taken into account in any future review of the policy involved.
11.3
The Open University will have regard to other sources of information, where
relevant and available, including those provided by affected groups. Feasibility of
alternative policies will be assessed, in so far as is possible, in ways which are
acceptable to all sector representative groups.
In its review of existing arrangements and its consideration of special monitoring of
anticipated adverse impacts, the Open University will seek to co-operate closely
with bodies including the Equality Commission and the Northern Ireland Statistics
and Research Agency (NISRA).
______________________________________
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12.
Publication of Assessments and Monitoring
12.1
The Open University will make publicly available the outcome of any equality impact
assessment and of any monitoring undertaken in relation to Section 75, as
described above. This material will be made accessible on the Region’s Internet
website at www.open.ac.uk/ireland. It will also be available, in printed form and in
alternative formats, from the Regional Director.
In line with best practice as recommended by the Equality Commission the
University will as far as possible, endeavour to make available, on request, all
information used to make or inform a decision in this area.
The Open University will inform the general public about the availability of this
material through a variety of processes, including press releases and any other
such mechanisms as may be required to ensure compliance with Section 75. It will
also directly inform the bodies listed at the appropriate sections of Appendix 6 when
such material is available.
12.2
The published documentation on an equality impact assessment will include:

the aims of the relevant policy;

details of the outcome of the assessment, highlighting any adverse impact
which has been identified;

associated available monitoring data;

details of consideration given to means of mitigating any adverse impact
of the policy on the promotion of equality of opportunity;

details of consideration given to alternative policies which might better
achieve the promotion of equality of opportunity.
Such information will be made available on request in accessible formats such as
Braille, disc and audio-cassette and in minority languages to meet the needs of
those who are not fluent in English.
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In line with best practice as recommended by the Equality Commission the
University will take further advice on how best to communicate with young people
and people with learning disabilities and will make clear how this commitment will be
operationalised.
__________________________________________________
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13.
Training
13.1
Building on existing training (which has included equal opportunities training for all
full-time and part-time staff), the Open University will ensure that all of its staff will
receive a programme of relevant communication and training on the Section 75
obligations.
All new staff will be informed of the requirements of Section 75 in their induction
training. All staff will receive a copy of the Equality Scheme.
13.2
The Open University will ensure that all existing staff receive training on Section 75
obligations, the requirements of this Equality Scheme, and arrangements for
equality impact assessment, appropriate to their grade and responsibilities.
Those who are charged with policy development and review will have specific
training to assist them in embedding these obligations in any decision-making
process associated with policy development and review.
Those involved in consultation and impact assessment of existing policies will
receive training in these duties. Skills training for those engaged in consultation
exercises will be put in place to ensure that they have the necessary skills and
knowledge to do this work effectively.
Training will also pay regard to the good relations duty.
13.3
Copies of this scheme will be sent to all core regional staff and made available to
other staff and students via the Region’s website, and the relevant webpage will be
publicised widely through appropriate channels.
Annual reviews will be made
available to all staff.
13.4
A planned programme of training, including content and delivery mechanisms will be
developed to cover the initial 5-year period of the operation of the Scheme.
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The Open University’s training scheme will reflect the following training objectives:-
(i)
To prepare a detailed training plan for all relevant staff over the 5-year period
to which the Equality Scheme refers, which will aim to achieve the objectives
outlined below.
(ii)
To raise awareness of current anti-discrimination legislation in Northern
Ireland, including the provisions of Section 75, Schedule 9 and Section 76 of
the Northern Ireland Act 1998. This should include an explanation of the
duties and their implications for all employees.
(iii)
To provide those employees involved in the screening of policies with the
necessary skills and knowledge to do this work effectively.
(iv)
To provide those employees involved in the quality impact assessment of
policies with the necessary skills and knowledge to do this work effectively.
(v)
To provide those employees who deal with complaints in relation to the
implementation of the Open University’s Scheme, with the necessary skills
and knowledge to investigate and monitor complaints effectively.
(vi)
To provide those employees involved in the consultation processes with the
necessary skills and knowledge to do this work effectively.
(vii)
To provide those employees involved in the implementation and monitoring
of the effective implementation of the Open University’s Equality Scheme to
do this work effectively.
(viii)
To evaluate the extent to which all participants in this training programme
have acquired the necessary skills and knowledge to achieve each of the
above objectives.
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(ix)
The University is committed to including any of the affected Section 75
groups in the development of training.
________________________________________
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14.
Public Access to Information and Services
14.1
The Open University is committed to effective communication with the public. It
recognises, however, that there is a risk that some sections of the public will not
enjoy equality of opportunity in accessing information provided by the Open
University. There are three particular areas of concern:

people with sensory and learning disabilities may have particular difficulties
with information in print;

members of minority ethnic groups, who are not fluent in English, may have
difficulties with information provided only in English;

some local newspapers are read predominantly by members of only one
community.
In disseminating information through the local press, the Open University will ensure
that press statements and public advertisements are accessible to both main
communities.
14.2
The Open University will assess its arrangements for providing information in
Braille, large print, audiocassette, signed videocassette, and minority ethnic
language formats.
As part of this process and, in line with best practice as recommended by the
Equality Commission, the University will consult widely with any affected Section 75
groups as part of this review and will consult with the Commission prior to the
implementation of new practices.
The Open University intends that all of its services are fully accessible to all parts of
the community. Equality impact assessments will highlight any factors which create
differential impact by making a service linked to a particular policy relatively
inaccessible to particular groups.
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14.3
The Open University will release relevant quantitative and qualitative data and other
documentation such as consultants’ reports to ensure meaningful consultation.
________________________________________
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15.
Publication of the Scheme
Following approval of the Scheme by the Equality Commission for Northern Ireland,
copies will be available from the same location and website address. The Open
University will issue a press release when the Scheme is approved by the Equality
Commission, and will place a prominent advertisement in the local press.
As part of its commitment to ensure that the Scheme will be available in accessible
formats and in a timely fashion, the Open University will give specific consideration
to how best to communicate the Scheme in a comprehensible way to young people
and those with learning disabilities.
In disseminating information about its Equality Scheme through the press the Open
University will ensure that press statements and/or public advertisements are
carried in all the Belfast daily newspapers, including the North West version of the
Belfast Telegraph.
_____________________________________________
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16.
Complaints
16.1
When a person believes that he/she has been directly affected by a failure of the
Open University to comply with this Scheme, he/she should, in the first instance,
bring a complaint to the attention of the Regional Director. The Open University will
carry out an internal initial investigation of the complaint and will undertake to
respond to the complainant within one month.
The contact address for the Regional Director is as follows:
The Open University in Ireland
40 University Road
Belfast
BT7 1SU
Tel: 028 9024 5025
Fax: 028 9023 0565
E-mail: R12@open.ac.uk
In responding to the complainant, the Open University will inform him/her of the
procedure for pursuing the complaint further with the Equality Commission, as set
out in Paragraph 10 of Schedule 9 to the Northern Ireland Act 1998.
The Open University will ensure access to the complaints procedures.
16.2
In any subsequent investigation by the Equality Commission, the Open University
will co-operate fully, providing access to any relevant documentation that the
Commission may require. Similarly, the Open University will co-operate fully with
any investigation by the Equality Commission under sub-paragraph 11(1)(b) of
Schedule 9 to the Northern Ireland Act 1998.
Complaints relating to the failure of the Open University to comply with this scheme
must be submitted to the Equality Commission within twelve months from the day
on which the complainant first knew of the matters alleged.
___________________________________________
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17.
Summary Timetable
The following timetable summarises the measures which the Open University
proposes to take during the five years following the approval of this scheme.
Year One
 Establish policy screening process, including development of pro forma
 Prioritise policies for screening in Year One
 Screen policies across all of the nine categories listed in Section 75
 Develop timetable of equality impact assessments for subsequent years
 Conduct information audit
 Initiate pilot impact assessments on selected policies
 Assess training needs
 Deliver awareness training to appropriate staff
 Deliver skills training to appropriate staff
 Prepare annual report
 Prepare annual action plan
 Review implementation of Scheme
Years Two – Four
 Screen all new policies
 Conduct impact assessment on prioritised policies
 Further train relevant staff
 Prepare annual report
 Prepare annual action plan
 Review implementation of Scheme
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Year Five
 Screen all new policies
 Conduct impact assessment on prioritised policies
 Further train relevant staff
 Prepare annual report
 Prepare annual action plan
 Review Scheme and report to Equality Commission
_______________________________________
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