(Edinburgh Western)
(LD):...The percentage of non-executive
board members who are women has risen from 35 per cent in 2013 to
45.8 per cent in September 2017, but that has been the result of
dedicated, targeted and prioritised work on the part of the
Scottish Government and related bodies. We believe that
enshrining a target in law, alongside appropriate monitoring and
reporting mechanisms, is the necessary change to ensure that
public boards reflect the population that they serve without
either being prescriptive or falling foul of Positive
discrimination.
I would like to tackle some of the myths that have
surrounded the bill. The bill does not establish quotas or ask
public bodies to appoint on any basis other than merit. Positive
action is not the same as positive discrimination. Positive
action will ensure that we are able to aggressively tackle the
problem of the underrepresentation of women on our public
boards. The evidence speaks for itself:
positive action works, positive action does not preclude
appointing on merit and diverse boards beget better
outcomes.
In addition to the 21 written submissions that we received,
the committee held four separate evidence sessions with six
different panels. We heard from equality groups representing
different protected characteristics, some of the public bodies
that will be covered by the legislation, trade unions and legal
experts as well as the cabinet secretary. The overwhelming
message was that now is the time and the bill is a step on the
right path if we are to lock in the gains that we have
made.
Having said that, there are some areas in which we feel
that improvements could be made. The bill sets what it describes
as the gender representation objective, which is that, by 31
December 2022, 50 per cent of non-executive members of public
boards will be women. It aims to achieve that objective through
positive action measures. It is crucial that we distinguish
positive action, which involves offering targeted assistance to
disadvantaged or underrepresented groups, from Positive discrimination, whereby an individual
is chosen solely on the basis of their protected characteristic.
The bill does not introduce Positive discrimination, which is
illegal...
(Glasgow)
(Con):...As the Law Society of Scotland
points out, without clear guidance, the bill runs the risk of
encouragingPositive discrimination to meet targets,
which would run contrary to European Union legislation. In
addition, there is an issue with non-compliance, which has been
raised consistently since the bill's conception. Compliance will
not be mandatory. Although authorities will have to report on the
operation of the bill as enacted, there will be no sanctions or
penalties. As the committee pointed out in its report,
"a Bill without the appropriate teeth risks
the appearance of legislation for legislation's sake."
I reiterate that...
(Mid Scotland and
Fife) (Con):...Of course, we want society
to move forward with equal representation. We have to ensure that
we go some way ”and we already have gone some way” but other
groups require support as well. We do not believe
that Positive discrimination through
statutory quotas is the right way to achieve this and, therefore,
we cannot support the bill as it stands...
(Ettrick, Roxburgh and
Berwickshire) (Con):...It also raised
concerns about the potential risk of candidates being unfairly
discriminated against, which would be in conflict with the
Equality Act 2010. The tiebreaker clause is therefore cause for
concern, as it means that if an organisation is presented with
two candidates with the same experience and qualifications, the
female must be chosen. That provision seems to be worded in a way
that suggests positive discrimination...
The Cabinet Secretary for
Communities, Social Security and Equalities (Angela
Constance):... articulated the
committee's conclusions when he said that positive action and
appointing on merit are not mutually exclusive. We are not
allowed not to appoint on merit; it is against the law. The
committee went further than that and said:
"We welcome the decision to legislate in this
area, and appreciate the efforts made to ensure that the Bill
encourages positive action and appointment based on merit rather
than encroaching into positive discrimination."
To read the whole debate, CLICK
HERE
