Race Equality Scheme 2009–11
4 Appendix:
Equality impact assessment to accompany the presentation to
Executive Board 15 October 2009
1. Consideration of the evidence base
1.1
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Contextual evidence
Race Equality Scheme 2004–07 (Arts Council England, February 2005)
Disability Equality Scheme (Arts Council England, 2007–10)
Gender Equality Scheme (Arts Council England, 2009–12)
Independent Evaluation Race Equality Scheme 2004–7 (The Change Institute,
May 2008)
decibel Evaluation 2005–08 (The Change Institute, March 2008)
Statutory Code of Practice to Promote Race Equality (Commission for Racial
Equality, May 2002)
Black, Asian and ethnic minority leadership in the creative and cultural sector
(Cultural Leadership Programme, The Change Institute, September 2008)
Regularly funded organisations: key data from the 2006/07 annual submission
(Arts Council England, May 2008)
From indifference to enthusiasm: patterns of arts attendance in England (Arts
Council England, April 2008)
Whose Theatre? Report on the Sustained Theatre consultation (January 2006)
The elephant in the room (February 2008)
McMaster Review: Supporting excellence in the arts – from measurement to
judgement (2007)
Various recent reports have pointed to continued Black and minority ethnic underrepresentation in the arts:
PARTICIPATION: ‘Black and Asian people are less likely to attend arts activities
than white people.’
(From indifference to enthusiasm: patterns of arts attendance in England, Arts
Council England, April 2008)
LEADERSHIP: ‘The failure to recruit and attract a more diverse workforce has
been highlighted by the DCMS as being problematic for the future growth and
prosperity of the sector. In this context, the under-representation of Black Asian
and minority ethnic leaders in the cultural sector is a real and pressing issue that
is borne out by all the available data.’
(Black, Asian and ethnic minority leadership in the creative and cultural sector,
Cultural Leadership Programme, The Change Institute, September 2008)
WORKFORCE: ‘Eleven per cent of permanent staff were from Black and minority
ethnic groups compared to 20% of contractual staff.’
(Regularly funded organisations: key data from the 2006/07 annual submission
Arts Council England, May 2008)
DEVELOPMENT: ‘Given what has emerged in the evaluation, continuing legal
obligations, and the need for Arts Council England, in its leadership role for the
sector, to lead and shape debate rather than merely respond to the changing
landscape on diversity issues, we believe that it is self evident that there is a need
for a second stage of work - Race Equality Scheme 2.’
(Independent Evaluation Race Equality Scheme 2004–7, The Change Institute,
May 2008)
INFRASTRUCTURE: ‘Although it is fair to say that there has been some increase
in the number of sector-led arts organisations gaining Arts Council financial
support, an examination of the figures for regularly funded organisations, which is
at 4.4 per cent for years 2005/06, demonstrates the extent to which the sector is
still substantially under-resourced.’
(Whose Theatre? Report on the Sustained Theatre consultation, January 2006)
1.2 Evidence sought specifically for the Race Equality Scheme
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the Arts Council generates a wide range of evidence-based documents on
race equality and diversity at national and regional levels
the Arts Council collates data on race equality, for example in employment
issues, as part of our statutory legal obligations
data was sourced from officers in the Arts Council where appropriate
preliminary research, including consultation, was commissioned where
necessary, for example into the ways in which the Arts Council monitors race
equality in its regularly funded organisations portfolio, the needs of refugee
artists and mentoring Black and minority ethnic artists
2. Consultation and engagement
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The Change Institute, as part of its evaluation of the first Race Equality
Scheme, consulted widely with all stakeholders. This consultation shaped the
recommendations upon which this new Race Equality Scheme is built
consultation meetings were held in all Arts Council regions during 2007–08
with Black and minority ethnic artists, Black and minority ethnic-led arts
organisations and interested parties working in the subsidised arts sector
about priorities and approaches to a new Race Equality Scheme
individual consultations with sector leaders took place during, and subsequent
to, the regional meetings
meetings took place with groups including Bangladeshi artists, those
representing the asylum seeker and refuge arts sector and members of the
Roma, Gypsy and Traveller communities in the east of England
the Race Equality Lead Officer has been in constant dialogue with the Arts
Council England Diversity Officers Group at every stage
3. Summary of positive impact
The purpose of the Race Equality Scheme as defined by legislation is to:
 eliminate unlawful racial discrimination
 promote equality of opportunity
 promote good relations between people of different racial groups.
The Race Equality Scheme 2009–11 largely builds on the achievements of the
Race Equality Scheme 2004–07. It has a number of elements, including:
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the establishment of a Race Equality Advisory Group to help shape and
monitor the progress of the Race Equality Scheme and associated work
work with Human Resources and other key departments to ensure that the
Arts Council is compliant in the area of race equality
responding to the race equality needs identified in the ongoing key functions
audit
a series of measures to help eliminate race discrimination in the creative
sector that the Arts Council has responsibility for (see the Respond
programme), to promote equality of opportunity for Black and minority ethnic
artists and arts organisations through use of interventionist measures and
positive action, and to promote good relations (for example, our Arts and Islam
work)
3.1 Monitoring of this equality impact assessment
Monitoring will be done on a regular basis by the Race Equality Lead Officer, in
line with monitoring and reporting protocols to management that are already in
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place. Another layer of monitoring will operate when the Independent Race
Equality Advisory Group comes on stream.
4. Areas of potential impact and opportunities for improvement
Because the Race Equality Scheme is, by definition, exclusive to one element of
diversity and equality, there is a danger that it will subsume or ignore, or even
have a negative impact on, other associated areas such as disability and gender.
As well as being potentially discriminatory, this would risk lessening the impact of
the Race Equality Scheme itself, in that it would not be taking advantage of the
potential links that exist between different areas of equality, and the greater impact
that could be achieved by exploiting them.
Furthermore, if a Single Equality Duty becomes law, there will be added pressure
on, and an incentive for, Arts Council England to work in an integrated fashion
across the diversity and equality spectrum. If new legislation is enacted, the Race
Equality Scheme will have to be revised to ensure compliance.
In the development of the Race Equality Scheme, the Race Equality Lead Officer
has been working closely with colleagues to ensure that future collaboration
across equality schemes is in place. For example, the decibel Performing Arts
Showcase 2009 opened up its remit from Black and minority ethnic arts to the
wider equality spectrum, most notably disability. A piece of qualitative work was
commissioned to examine the impact of the new remit and to identify future bridgebuilding mechanisms between diverse artists.
The Race Equality Scheme proposes that during the life of the scheme the
independent advisory groups be gradually merged to facilitate a single equality
approach and as a check to ensure that the Arts Council’s equality schemes
produce maximum benefit.
The creative case for diversity, although situated in the Race Equality Scheme, is
envisaged as an across-the-board initiative, integrating all elements of diversity
and equality at both theoretical and artistic levels.
Potential negative impact 1
The Race Equality Scheme is primarily devised to drive equality forward for Black
and minority ethnic artists and audiences. One of the tools available to promote
equality is positive action. This means that some initiatives will only be open to
Black and minority ethnic applicants (where the need has been identified). The
Race Equality Lead Officer will work with the Arts Council’s legal team to ensure
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that any positive action taken as part of the Race Equality Scheme remains within
the law, and therefore does not discriminate against any individual on the basis of
their race.
Potential negative impact 2
There is a risk, especially in light of the Arts Council’s organisational review, that
the Race Equality Scheme may lose momentum and impact due to a lack of
ownership across the organisation. Regular reporting to the Management
Committee and other governance bodies should reveal any such loss. The
management of the Arts Council should also act as Race Equality Scheme
champions. The organisational review should also be seen as an opportunity to
embed diversity afresh into the Arts Council, its ethos, its staff and its activities.
The Independent Advisory Committee should also act as a ‘watchdog’, scrutinising
the progress of the Race Equality Scheme.
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5. Action plan
Negative impact
Level of
impact
Negative impact 1
Medium
Is the
impact of
a legal
nature?
Yes
Legal threat to
Positive Action
Negative impact 2
Implementation of
the Race Equality
Scheme may be
hampered due to
lack of ownership
of the scheme
across the Arts
Council
Positive impact
Positive impact 1
Meets Arts
Council England
race equality duty
Potential
improvement
(aside from
mitigating
negative impact)
Moving towards
single equality
approach
Medium
Yes
High
Yes
Areas for
potential
improvement
Impact
on other
areas of
the
policy
High
few
7 October 2009
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Reason, evidence
or comments in
relation to negative
impacts
Positive action is a
legitimate tool for
race equality, but
legislation is weak,
leaving us open to
challenge if we use it
in a discriminatory
fashion.
The organisational
review may hinder
embedding of Arts
Council England
Race Equality
Scheme to the
necessary degree.
Action
required
Work with legal
team to issue
guidance and
protocol for all
positive action
work.
Timescale
March
2010
Regular
reporting to the
Management
Committee.
Liaise with
Change
Management
Board. Arts
Council
management
act as Race
Equality
Scheme
Champions.
2009–11
Race Equality
Scheme is designed
to promote race
equality and effect
positive change.
Reason, evidence
or comments in
relation to potential
improvements
Race Equality
Scheme agreed
and
implemented.
2009–11
Legislation and
preference point to
the benefits of a
single equality
approach.
Build links with
other diversity
areas (disability,
gender,
sexuality, faith,
age and socioeconomics).
This includes
implementing
merger of
independent
advisory bodies.
Action
required