Approved Minutes of the Board Meeting Approved Minutes of the Thirty-Seventh meeting of the Board of the Equality and Human Rights Commission held on 15 September 2011 at the Commission's London Office, 3 More London, Riverside, Tooley St, London SE1 2RG (11:00 – 17:00) Present Commissioners: Trevor Phillips (Chair) Margaret Prosser Mark Hammond Stephen Alambritis Sarah Alexander Ann Beynon Kay Carberry Meral Hussein Ece Jean Irvine Kaliani Lyle Angela Mason Mike Smith Geraldine van Bueren Simon Woolley Officers: Helen Hughes - Corporate Management Group Director John Wadham - Legal Group Director Sheila Kumar - Regulation Group Director Richard Emmott - Communications Group Director Ros Micklem – National Director, Scotland Kate Bennett - National Director, Wales Debbie Wood - Director Commissioners' Office Philip Mabe - Finance Director Linda Wike - Director, Business Planning Jim Mitchell – Commissioners' Support Manager Page 1 of 8 Approved Minutes of the Board Meeting Also Present: Lynne Featherstone MP, Parliamentary Under-Secretary of State for Equalities (PUSS) Jade Staiano - Assistant Private Secretary to PUSS Lisa-Anne Boissiere - Government Equalities Office Item 1: Welcome to Evelyn Collins CBE, Chief Executive of the Equality Commission for Northern Ireland 37/1.1 The Board welcomed Evelyn Collins CBE, Chief Executive of the Equality Commission for Northern Ireland (ECNI), to the meeting. Ms Collins spoke about the last twelve years of the ECNI's development, highlighting the issues involved in building a single Equality Commission resulting from the merger of its three predecessors. She emphasised that the key focus of the Commission's work, in developing and implementing its Strategic Plan, was about making a positive impact on the lives of individual people. 37/1.2 Commissioners were extremely impressed with the progress made by ECNI, and there was a lengthy discussion. 37/1.3 In thanking Ms Collins for addressing the Board, the Chair stated that it would benefit the EHRC, in preparing its own Strategic Plan 2012/15, to visit the ECNI in order to learn from its experience. Item 2: Welcome, general points and apologies for absence 37/2.1 The Chair welcomed everyone to the meeting, in particular new Commissioner Sarah Anderson, attending her first Board meeting. He also welcomed back Commissioner Kay Carberry, who had now recovered from an operation. Apologies for absence had been received from Commissioner Sally Greengross, and from Julie Anderson, Interim Corporate Management Group Director. Page 2 of 8 Approved Minutes of the Board Meeting 37/2.2 The Chair indicated that an additional agenda item had arisen, at the request of the Chair of the Regulatory Committee: Eweida v United Kingdom & Chaplin v United Kingdom Ladele v United Kingdom & McFarlane v United Kingdom, and it was agreed that this be considered at agenda item 7(a) Report of the Chair of the Regulatory Committee. Item 3: Declaration of Interest 37/3.1 The Chair noted that Commissioner Geraldine van Bueren was a member of Doughty Street Chambers( a common law set of barristers with a strong emphasis on civil liberties and human rights) and that Commissioner Ann Beynon's husband was a member of the Welsh Assembly Government. Item 4: Minutes of Board Meeting - 14 July 2011 (EHRC 37.01) 37/4.1 The minutes of the meeting held on 14 July 2011 were approved as a correct record. Item 5: 37.02) Matters Arising from the Minutes (EHRC 37/5.1 Commissioners noted the Matters Arising report. Item 6: Update Reports (a) Report of Chair of the Commission (EHR 37.03) 37/6.1 The Board noted the Chair's Report and oral update. 37/6.2 follows: Consideration was given to two specific issues, as Dale Farm 37/6.3 Commissioners reviewed the current situation at Dale Farm, noting that the travellers were due to be evicted on 19 September. It was noted that a delegation from the Commission Page 3 of 8 Approved Minutes of the Board Meeting had held discussions with the residents and with the local authority. The Commission had also requested the Government to intervene in order to try to achieve a solution. The Commission's main concern was for the safety and wellbeing of those who were vulnerable, such as the elderly, children and those who were disabled or infirm. 37/6.4 Consideration was given to what role the Commission might play, given its overall statutory remit, both in the short and longer terms, and the following was agreed: 1. That further consideration be given to ensuring that all appropriate measures had been and would be undertaken to ensure the protection of vulnerable people, including the continued provision of education for children in the event of an eviction taking place. 2. That the Commission use its good offices to facilitate discussion between United Nations representatives and the police. 3. That the Commission examine how the present situation had arisen, and in particular seek to hold meetings with the Government and local authority representatives with regard to the appropriate provision of travellers' sites throughout Britain. (Action A: Chief Executive, Group Directors Regulation and Legal) Summer Riots 37/6.4 Consideration was given to the riots that had taken place in London and other English cities during August. It was agreed that officers be requested to gather together the available data on their cause and submit a report to the Board on what the Commission's role might be. (Action B: Group Director Communications) (b) Report of the Chief Executive (EHRC 37.04) 37/6.5 The Board received and noted the report of the Chief Executive, and his oral update Page 4 of 8 Approved Minutes of the Board Meeting Item 7: Reports of Committee Chairs 37/7.1 The Board received reports from the Chairs of the Regulatory, Audit and Risk, Scotland and Wales Committees, together with oral updates, outlining key decisions and actions currently taking place. 37/7.2 The following was agreed/noted: Audit and Risk Committee - It was noted that the NAO had informed the Committee that they expected that the 2010/11 Accounts would be unqualified. The Board thanked all those who had contributed towards this excellent result. Scotland Committee - the report on the Human Trafficking Inquiry would be submitted to the Regulatory Committee for sign-off in October 2011, with a major launch at the end of November. Wales Committee - the reappointment of Olwen Williams to the Wales Committee, for a further year to 30 September 2012, was approved. (Action C: Commissioners' Support Manager to draft letter of reappointment) 37/7.3 Commissioner Mike Smith provided an update on the launch of the Disability Harassment Inquiry. He thanked all the staff involved, in what had been an excellent example of crossDirectorate working. Commissioners Margaret Prosser and Jean Irvine had been in attendance at the successful launch. 37/7.4 The Board congratulated Mike Smith and the officers for an excellent piece of work, noting also that representatives of many agencies had stated their commitment to work positively with the Commission on this important issue. 37/7.5 The Board gave initial consideration to the cases of Eweida v United Kingdom & Chaplin v United Kingdom, Ladele v United Kingdom & McFarlane v United Kingdom, and agreed that this matter be delegated to a special meeting of the Regulatory Committee, to be convened later on the same day, for decision. Page 5 of 8 Approved Minutes of the Board Meeting Item 8: Resource, Performance and Risk Report (EHRC 37.09) 37/8.1 The Board received the July report. It was explained that the August report had now been completed but that the timing of the meeting was too soon after the month end to allow the August report to be distributed in time for the meeting. The August report would be provided to the Resources Committee at their next meeting on 28th September, after which it would be circulated to the Board. It was noted that a more detailed version of the risk register was regularly submitted to the Audit and Risk Committee. The strategic risk register had been reviewed by the Audit and Risk Committee at their meeting on 6th September and would be sent to Board members along with the August Resource Performance and Risk report. (Action D: Commissioners' Support Manager). 37/8.2 The report was noted. Item 9: 2010/11 Annual Report and Accounts (EHRC 37.10) 37/9.1 The Board received the draft Annual Report and Accounts (ARA) for 2010/11, together with a covering report explaining the remaining key actions leading to the ARA being laid in Parliament. The timings of meetings of the Board and the Audit and Risk Committee were such that significant further delay would arise if the Board were to approve the ARA at one of its meetings. The Board was therefore requested to approve the ARA using the Written Resolutions procedure as specified in the Governance Manual. The ARA would be sent to members for approval after being reviewed and agreed by the Audit and Risk Committee. Commissioners would be informed in advance of the date of circulation and the deadline for approval. It was noted that when the Commission was ready to lay the Accounts, an accompanying statement would be issued together with a series of 'Q & As' for Commissioners. 37/9.2 The Board: (1) Noted the key outcomes from the NAO progress report and that the NAO would continue to stress the need for the Commission to continue to improve its financial management. Page 6 of 8 Approved Minutes of the Board Meeting (2) Noted the expectation that the ARA would be unqualified, although ongoing expenditure incurred in 2010/11 arising from 16 procurements by Single Tender Actions in prior years would be noted by the Comptroller and Auditor General in his report to Parliament. (3) Noted the remaining key actions and associated deadlines. (4) Agreed to approve the final 2010/11 ARA using the Resolutions in Writing procedure, as specified in the Governance Manual, following review and a recommendation to approve by the Audit and Risk Committee. (Action E: Commissioners' Support Manager to inform Commissioners once date for circulation of ARA under the Written Resolutions procedure was confirmed) Item 10: Minutes of Committees 37/10.1 The minutes of the following Committees were received and noted: Disability Committee - 8 June 2011 (EHRC 37.11) Disability Committee - 12 July 2011 (Part confidential item) (EHRC 37.12) Wales Committee - 15 June 2011 (EHRC 37.13) Resources Committee - 4 July 2011 (Confidential item) (EHRC 37.14) Regulatory Committee - 28 July 2011 (Confidential item) (EHRC 37.15) Item 11: Welcome to Lynne Featherstone MP, Parliamentary Under-Secretary of State for Equalities 37/11.1 Commissioners welcomed Lynne Featherstone MP, who discussed a range of issues with the Board. Item 12: Strategic Plan (EHRC 37.16) 37/12.1 The Board received a paper advising on progress with the Strategic Plan 2012/15. Attached to the report was a proposed document for consultation on Phase 2 of the Plan. Commissioners considered this document in detail, submitting comments and suggestions for its further refinement. Page 7 of 8 Approved Minutes of the Board Meeting 37/12.2 It was agreed that a further iteration of the document, having regard to the comments submitted and any further comments that Commissioners might wish to submit by email, be circulated to all Commissioners in the following week, with authority being delegated to the Chair of the Commission to give final approval to the document. (Action F: Commissioners' Support Manager to remind Commissioners to submit comments) Item 13: Any Other Business 37/13.1 There were no items of other business. The Information Pack was noted. Chair (Signed on 24 November 2011) Contact on Minutes: Jim Mitchell Commissioners' Support Manager Telephone: 020 3117 0220 Email: jim.mitchell@equalityhumanrights.com Page 8 of 8