ANNEX E
Equality and Human Rights
Screening Template
Policy Proposals for a Fisheries Bill
March 2015
DARD Equality and Human Rights
Screening Template
DARD has a statutory duty to screen. This includes our strategies and plans, policies,
legislative developments; and new ways of working such as – the introduction,
change or end of an existing service, grant funding arrangement or facility. This
screening template is designed to help business areas consider the likely equality
and human rights impacts of their proposed decisions on different groups of
customers, service users, staff and visitors.
Before carrying out an equality screening exercise it is important that you have
received the necessary training first. To find out about the training needed, contact equalitybranch@dardni.gov.uk. All screening exercises must be supported by
evidence and cleared at Grade 3 level.
The accompanying Screening Guidance note provides straightforward advice on
how to carry out equality screening exercises. Detailed information about the Section
75 equality duties1 and what they mean in practice is available on the Equality
Commission’s website.
The screening template has 4 sections to complete. These are:
Section A -
asks you to provide details about the policy / decision that is being
screened.
Section B -
has 4 key questions that require you to outline the likely impacts on
equality groups, and all supporting evidence.
Section C -
has 4 key questions in relation to obligations under the Disability
Discrimination Order and the Human Rights Act.
Section D -
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is the formal record of the screening decision.
ECNI ‘Section 75 of the NI Act 1998: A Guide for Public Authorities’ April 2010. www.equalityni.org
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Section A
Details about the policy / decision to be screened
Title of policy / decision to be screened:
Policy proposals for a new Fisheries Bill.
Brief description of policy / decision to be screened:
(Explain - Is this a new, revised or existing policy? Are there financial / legislative /
procurement implications?)
A number of policy proposals have been developed for inclusion in a Fisheries Bill
which it is anticipated will complete its passage through the NI Assembly before the
next elections in spring 2016. The majority of the proposed amendments to the
legislation are technical in nature and would impact mainly across sea-fishing and
aquaculture (fish farming) industries. The purpose of the new Bill will primarily be to
amend the Fisheries Act (NI) 1966 and the Sea Fish (Conservation) Act 1967 to
modernise enforcement powers. For example it is proposed to allow for conditions on
commercial sea fishing licences to relate specifically to conserving or enhancing the
environment (and not just to fishing conservation). It is proposed to enable more
direct implementation of European sea-fisheries legislation by ensuring that it is clear
that both ‘enforceable Community restrictions’ and ‘enforceable Community
obligations’ can be directly enforced without the need for additional domestic
subordinate legislation (e.g. EU obligations include the requirement on certain fishing
vessels to have a working satellite tracking device on board or the requirement to
register as a fish buyer or to sell only to registered buyers). It is proposed to allow for
existing inshore fishery and fish farming offences to be dealt with via fixed
administrative penalties (as an alternative to court) and to increase the maximum
penalties available to the courts for certain sea-fishing and fish farming offences. It is
proposed to allow for legislation made under the 1966 Act to enable DARD to set up
permit schemes which would prohibit fishing unless permitted by the Department. It is
also proposed to modernise aquaculture (fish farming) licensing by replacing a
system of two licences with a single licence and setting out the rules for maintaining
such licences. It is proposed to include powers to charge for licenses, and to allow for
the transfer, surrender and, in the case of death or bankruptcy, vesting of a fish farm
licence. It is also planned to expand aquaculture licensing to cover other resources
such as sea weed.
There are no procurement implications of the range of proposals. The final policy
proposals are part of the preparatory work required to introduce a Bill (primary
legislation) to the Assembly. There are not believed to be any significant financial
implications as a direct outcome of the proposals/Bill. Existing legislation already
gives enforcement powers to DARD and it is not therefore envisaged that the
proposals will have any significant additional financial implications on DARD. A small
number of the proposals may have financial impacts (e.g. charging for fish farm
licences) but before these can be introduced they will require additional policy
development and legislation (once the powers are available in new primary
legislation) and would therefore be subject to further consultation and to further
impact assessment. Therefore there are no costs directly associated with the primary
legislative proposals. A draft partial Regulatory Impact Assessment formed part of
public consultation on the proposals. During consultation, stakeholders were asked to
comment on the assumption in the draft partial Regulatory Impact Assessment that
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the proposals had no significant impact. The RIA was updated following
consideration of the outcome of the consultation. However, no major issues were
raised nor substantive changes made to the RIA and its conclusions remained the
same.
Full details of the proposals and outcome of consultation are available at
http://www.dardni.gov.uk/index/consultations/closed-consultations/consultation-onproposals-for-a-fisheries-bill.htm
Aims and objectives of the policy / decision to be screened:(What is the policy trying to achieve?)
The objective is to bring forward new primary legislation that will modernise
enforcement powers, and therefore improve enforcement of sea-fisheries and
aquaculture (fish farming) legislation. It will help protect sensitive marine
environments and limited fish-stocks. (Primary legislation provides enabling powers
that will allow for detailed secondary legislation to be brought forward, which in turn
will be subject to further impact assessment.)
Full details of the proposals, their aims and objectives, and the outcome of
consultation are available at http://www.dardni.gov.uk/index/consultations/closedconsultations/consultation-on-proposals-for-a-fisheries-bill.htm
On whom will the policy / decision impact?
Consider the internal and external impacts (both actual or potential)
Staff – additional resources required to manage the proposed policy.
service users
rural community
X
other public sector organisations including AFBI
voluntary / community groups / trade unions
X
others, please specify
Principally commercial fishermen – Sea fishing and aquaculture (fish farm)
operators.
A proposal to allow for fixed penalties for angling offences in Foyle and
Carlingford Areas would impact on individual anglers (who commit an offence
those areas), but this is not being taken forward at this stage, pending parallel
changes to the equivalent legislation in the south. The proposal to allow
specifically for permit schemes could be made to apply to individuals should
the case be made to do so in future (e.g. as a result of evidence on impact on
fish stocks). However, there are no plans to do so at the moment. Therefore
there is no direct impact on individuals as a direct result of this proposal, and
any plans to do so would be subject to further impact assessment and
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consultation.
Are there linkages to other NI Departments / NDPBs?
In developing the proposals, the Bill Team met officials from DOE (Marine Division),
DOJ officials (with respect to proposals on penalties) and Loughs Agency
representatives with respect to powers in their jurisdiction. Officials also met and
raised issues of mutual interest with their counterparts in the Departments of
Agriculture, Fisheries and Marine and Communications, Energy and Natural
Resources in the south. The Department also consulted with the Crown Estate with
regards to aquaculture leasing and development. Discussions also took place with
DCAL where there are areas of mutual enforcement in the 1966 Act. (DCAL
proposed changes are subject to a separate impact assessment). The Department
also held discussions with DRD with respect to mutual areas of interest with regards
to water quality for aquaculture.
These Government Departments with an interest have all expressed contentment
with the draft proposals, raised no specific issues, and asked to be kept informed
after consultation and as the legislation progresses. Discussions with OFMDFM will
also be required going forward in relation to extending appeal powers of the Water
Appeals Commission.
Under the legislative process, the Minister sought agreement from the Executive
Committee to the final policy proposals following consideration of the outcome of
public consultation and in advance of drafting of a Fisheries Bill for consideration by
the Assembly.
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Section B
1. What is the likely impact on equality of opportunity for those affected by this
policy, for each of the Section 75 equality categories? What is the level of
impact?
Section 75
category
Details of likely impact
Level of impact?
Minor/Major/None
Religious belief
None
Political opinion
None
Racial group
None
Age
None
Marital status
None
Sexual
orientation
None
Men and women
generally
None
Disability
None
Dependants
None
2.
Are there opportunities to better promote equality of opportunity for
people within the Section 75 equalities categories?
Section 75
category
If Yes, provide details
If No, provide
reasons
Religious
belief
No – Any new primary
Political
opinion
As above
Racial group
As above
Age
As above
Marital status
As above
Sexual
orientation
As above
Men and
women
generally
As above
Disability
As above
Dependants
3.
legislation will apply to all
within the commercial
fishing sectors. There is
no obvious opportunity to
promote equality of
opportunity.
As above
To what extent is the policy likely to impact on good relations between
people of different religious belief, political opinion or racial group? What
is the level of impact?
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Good relations
category
Likely impact?
Level of impact?
Minor/Major/None
Religious
belief
None
Political
opinion
None
Racial group
None
4.
Are there opportunities to better promote good relations between people of
different religious belief, political opinion or racial group?
Good relations
category
If Yes, provide details
Religious belief
If No, provide
reasons
No – Any new primary
legislation will apply to all
within the commercial
fishing sectors.
No obvious opportunity
exists to promote good
relations between people
of different beliefs,
opinions or groups.
Political opinion
As above
Racial group
As above
Available evidence
What evidence / information (both qualitative and quantitative) have you
gathered to inform this policy? Set out all evidence below along with details of
the different groups you have met and / or consulted with to help inform your
screening assessment.
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Section 75
category
Details of evidence / information and engagement
Religious belief There have been previous consultations carried out by DARD Fisheries
Division in relation to a number of related policies, the most recent being
‘Simplification of Fishing Vessel Licensing’ in June 2014 and on average
3/4 per year in 2012 and 2013 including ‘Electronic Notification of
Variations to Fishing Licences 2013’ and ‘Conservation of Sea Bass
Regulations 2012’ .There have been no issues raised by any of the
Section 75 groups to date in these consultations. Over a longer period,
the Division has issued consultations on other major policy areas such as
amendments to the Foyle Fisheries Act 1952 in 2007 and the European
Fisheries Fund in 2008. No equality issues were raised in these. An EIA
carried out by Fisheries Division in 2005 on all areas of its business
concluded that “there is no significant perception of unequal opportunity in
respect of the Department’s policies in the fishing sector. In light of this
the Department’s Fisheries Division has concluded that its policies are in
compliance with the statutory duty.”
In addition to this evidence, formal public consultation on the policy
proposals set out in the consultation document at
http://www.dardni.gov.uk/index/consultations/closedconsultations/consultation-on-proposals-for-a-fisheries-bill.htm place over
12 weeks between August and November 2014. During the consultation
stakeholders, including Section 75 representative groups, were asked to
comment on the Department’s assumptions in relation to impact on
section 75 groups and human rights and in particular on the conclusion
that the proposals had no differential impact. No comments were received
that resulted in a change to this position.
Political
opinion
As Above
Racial group
As Above
Age
As Above
Marital status
As Above
Sexual
orientation
As Above
Men & women
As Above
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generally
Disability
As Above
Dependants
As Above
No evidence held? Outline how you will obtain it:
While evidence to date suggests no impact (i.e. based on the range of previous
consultations with stakeholders including section 75 interests), formal public
consultation on the policy proposals took place over 12 weeks between August and
November 2014. During the consultation stakeholders, including Section 75
representative groups were asked to comment on the Department’s assumptions in
relation to impact on section 75 groups and human rights and in particular on the
conclusion that the proposals had no differential impact. No comments were received
that resulted in a change to this position.
The details of the consultation can be viewed at
http://www.dardni.gov.uk/index/consultations/closed-consultations/consultation-onproposals-for-a-fisheries-bill.htm
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Section C
DARD also has legislative obligations to meet under the Disability
Discrimination Order and Human Rights Act (insert links) Questions 5 -9
relate to these two areas.
Consideration of Disability Duties
5. Does this proposed policy / decision provide an opportunity for DARD
to better promote positive attitudes towards disabled people?
Explain your assessment in full
No – The purpose of a new Fisheries Bill is to amend fisheries primary legislation
and does not directly afford any obvious opportunity to promote positive attitudes
towards disabled people.
6. Does this proposed policy / decision provide an opportunity to
actively increase the participation by disabled people in public life?
Explain your assessment in full
No – The purpose of a new Fisheries Bill is to amend fisheries primary legislation
and does not directly provide any obvious opportunity for DARD to actively increase
the participation by disabled people in public life.
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Consideration of Human Rights
7. The Human Rights Act (HRA) 1998 brings the European Convention
on Human Rights (ECHR) into UK law and it applies in N Ireland.
Indicate below (place an X in the appropriate box) any potential
adverse impacts that the policy / decision may have in relation to
human rights issues.
Right to Life
Article 2
Prohibition of torture, inhuman or degrading treatment
Article 3
Prohibition of slavery and forced labour
Article 4
Right to liberty and security
Article 5
Right to a fair and public trial
Article 6
Right to no punishment without law
Article 7
X
Right to respect for private and family life, home
and correspondence
Article 8
X
Right to freedom of thought, conscience and religion
Article 9
Right to freedom of expression
Article 10
Right to freedom of peaceful assembly and association
Article 11
Right to marry and to found a family
Article 12
The prohibition of discrimination
Article 14
Protection of property and enjoyment of possessions
Protocol 1
Article 1
Right to education
Protocol 1
Article 2
Right to free and secret elections
Protocol 1
Article 3
X
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Consideration of Human Rights (cont)
8. Please explain any adverse impacts on human rights that you have
identified
No adverse impacts have been identified as a direct result of the draft policy
proposals.
Primary legislation (Acts of the Assembly) provide ‘enabling powers’ to make
subordinate legislation. Such subordinate legislation would in turn be subject to
further consultation and separate consideration of the potential impacts on both
human rights and equality. For example, before introducing detailed legislation
regarding charging (which may impact on Article 8) for aquaculture licensing on
the basis of cost recovery in line with DFP requirements, there would be further
consultation to consider the potential impact on the profitability and
competitiveness of the industry.
Other issues that we have considered in terms of possible impacts include
proposals to introduce administrative penalties, which could impact on Article 7.
While this would also be subject to further assessment before subordinate
legislation could be introduced, the policy as proposed would allow an individual
to refuse the administrative penalty and to have their case heard by a court. The
evidence needed to issue an administrative penalty will need to be to the same
level as to take a prosecution. Therefore this proposal is not believed to have an
impact on human rights.
It is also proposed to provide for revocation of an aquaculture licence if there is
clear public need to do so (for example to protect the environment or as a result
of a public health issue). This could impact on right to property (Protocol 1,
Article 1); however it is proposed that where a licence is revoked for public good,
the licensee could be entitled to be paid compensation for any loss suffered.
Other reasons to revoke a license (such as having been found guilty of a
relevant offence or having contravened a license condition) will, as is the case
now, remain subject to a long established appeals mechanism). Again it is not
believed that this proposal will have an impact on human rights.
During consultation on the proposals, stakeholders were asked to comment on
the Department’s assumptions in relation to impact on human rights and in
particular on the conclusion that the proposals had no differential impact. No
comments were received that resulted in a change to the conclusion that there
are no direct impacts relating to the proposals. Full details of the proposals, the
legislative process and the outcome of the consultation are available at
http://www.dardni.gov.uk/index/consultations/closed-consultations/consultationon-proposals-for-a-fisheries-bill.htm
It is a legislative requirement in order to give Ministerial assurance that a Bill can
be introduced to the Assembly that proposals are fully screened for impacts on
human rights. The Minister is required to give a statement in the Assembly that
the policy does not contravene the Convention, and therefore is within
Legislative Competence of the Assembly.
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9. Please indicate any ways which you consider the policy positively
promotes human rights
None.
Monitoring Arrangements
Section 75 places a requirement on DARD to have equality monitoring
arrangements in place in order to assess the impact of policies and
services etc; and to help identify barriers to fair participation and to better
promote equality of opportunity.
Outline what data you will collect in the future in order to monitor the
impact of this policy / decision on equality, good relations and disability
duties.
Equality
Good Relations
Disability Duties
No comments were
received during
consultation that resulted
in a change to the
conclusion that there are
no direct impacts relating
to the proposals. We will
continue to monitor any
comments made during
the scrutiny of the Bill by
the Assembly.
No comments were
received during
consultation that resulted
in a change to the
conclusion that there are
no direct impacts relating
to the proposals. We will
continue to monitor any
comments made during
the scrutiny of the Bill by
the Assembly.
No comments were
received during
consultation that resulted
in a change to the
conclusion that there are
no direct impacts relating
to the proposals. We will
continue to monitor any
comments made during
the scrutiny of the Bill by
the Assembly.
Any further stages of
preparing subordinate
legislation being made
under the amended
primary legislation would
require further consultation
with stakeholders. Data will
be kept on prosecutions
taken under any new
powers introduced as a
result of this policy to
monitor the impact on
equality.
Any further stages of
preparing subordinate
legislation being made
under the amended
primary legislation would
require further consultation
with stakeholders. Data will
be kept on prosecutions
taken under any new
powers introduced as a
result of this policy to
monitor the impact on
good relations.
Any further stages of
preparing subordinate
legislation being made
under the amended
primary legislation would
require further consultation
with stakeholders. Data
will be kept on
prosecutions taken under
any new powers
introduced as a result of
this policy to monitor the
impact on disability duties.
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Section D
Formal Record of Screening Decision
Proposals for a new Fisheries Bill.
I can confirm that the proposed policy / decision has been screened for –
X
equality of opportunity and good relations
X
disabilities duties; and
X
human rights issues
On the basis of the answers to the screening questions, I recommend
that this policy / decision is –
*place an X in the appropriate box below
*Screened In – Necessary to conduct a full EQIA
*Screened Out – No EQIA necessary (no impacts)
* Screened Out - Mitigating Actions (minor impacts)
Formal Record of Screening Decision (cont)
Screening assessment completed by (Staff Officer level or above) Name: Margaret Fitton
Grade: SO
Date: 26 March 2015
Branch: Fisheries Bill Team
Signature:
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Screening decision approved by (must be Grade 3 or above) Name: Dr John Speers
Grade: 5
Date: 21 May 2015
Branch: Fisheries and Environment Division
Signature: please insert a scanned image of your signature below
Please save the final version of the completed screening form in the
TRIM container below as soon as possible after completion and forward
the TRIM link to Equality Branch at equalitybranch@dardni.gov.uk. The
screening form will be placed on the DARD website and a link provided
to the Department’s Section 75 consultees.
For more information about equality screening, go to http://dardintranet/coord_intranet/EqualityBranch/index.sh http:tml
Or contact –
DARD Equality Branch
Room 509
Dundonald House
Upper Newtownards Road
Belfast BT4 3SB
Telephone 028 9052 4435
Textphone 028 9052 4420
equalitybranch@dardni.gov.uk.
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