The Substantive Representation of Women in PostDevolution Wales: Challenges, Progress, and Prospects

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Equality and Human Rights The First Decade of
Devolution EHRC First Annual Lecture Dr Paul
Chaney
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• Institutionalising equality?
• Public policy
• Elections
• Law
• Infrastructure
• Political Representation
• Evaluating the First Decade?

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Pre-1999

• Welsh Office generally
• did not have responsibility for
• equalities matters
• Mid-1990s CRE opens first office in Wales
• womens inequality in Wales comes together
  in an underlying alienation of women from
  legislative institutions, in particular what can
  be perceived as male institutions, male agenda,
  male political methods (Val Feld, 1994)
• There is nothing to talk about
• (Former Secretary of State for Wales)

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Govt of Wales Act (2006) s.77

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Statutory Equality Duty

• Broader in scope than GB equality statutes
• Duty falls on Welsh ministers
• Applies to all government functions
• Fourth generation equality duty
• Significant in reprioritising equalities in
  public policy
• Internationally, equalities clauses found in
  constitutional law of regional governments
• S.77 Unique in non-prescriptive phrasing

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Chaney, P. (2008) Devolved Governance and the
Substantive Representation of WomenThe Second
Term of the National Assembly for Wales,
20032007, Parliamentary Affairs, 83, 217-56.
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Voluntary Sector Scheme

• the goal is the creation of a
• civil society which has a duty
• to promote equality of
• opportunity to all its members regardless of
  race, colour, sex, sexual orientation, age,
  marital status, disability, language preference,
  religion or family/domestic responsibilities
  (NAfW, 2000).

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Views of 3rd Sector Equality Organisations

• Mixed views on whether voices heard in policy
  consultations/ effectiveness of lobbying
• Some childrens, older peoples, learning
  disabilities, womens orgs cited good policy
  influence
• Others felt they were not always listened to
  not a partnership of equals
• Small orgs concerns uneven playing field gt
  bigger, better funded 3rd sector orgs greatest
  influence in policy circles
• Increasing competition over access/ dilution of
  influence
• Complexity of Welsh devolution settlement gt
  challenge to some 3rd sector orgs
• General acknowledgement positive effect of new
  structures of engagement/ political recognition

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Equalities and Public Policy (1).

• Plethora of equalities policy initiatives -
  significant discontinuity with pre-99.
• Prevailing political ideology a factor
• Raft of policies to promote participation of
  children and young people in public
  decision-making
• Significant broadening of the focus on equalities
  policies
• Early years of devolution prone to declaratory
  approach to equalities
• Today, some evidence of more sophisticated
  approachmore to be done before universal

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Equalities and Public Policy (2).

• Policy innovation e.g. Childrens/ Older
  Peoples Commissioners Schools Councils
• Some evidence of devolved policies going beyond
  approach seen at Westminster
• Variability between govt departments
• Creation of extensive range of all-Wales
  equalities policies on topics where, before
  constitutional reform, none existed
• No. of policies set out aims in terms of
  universal entitlements/ rights
• Redistributive approaches e.g. state grants to
  promote equalities
• Implementation Gap Mixed evidence of policy
  outcomes

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Equalities and Public Policy (3).

• Significant levels of govt. funding to
  equalities-related orgs, projects, policy
  networks and forums
• Some evidence of participatory approach to policy
  making
• Scope for broadening circles of those outside
  govt engaged in equalities policy work
• Need for further development of expertise
  participation of NGOs / private sector on
  equalities and human rights in the devolved
  context.

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Politics, Parties and Elections

• Distinctive policy agenda, in
• part, stems from Wales-only Assembly elections
• Increasingly, equalities area of electoral
  competition
• Political parties issuing equalities
  mini-manifestos
• Civil / civic society orgs issuing own manifestos
  (e.g. Cerebral palsy org. called on govt. banish
  disablism through public procurement)
• Alliances of equalities NGOs issuing manifestos
  on single policy issues (e.g. free home care for
  disabled people, child poverty etc)
• Alliances of equalities NGOs issuing manifestos
  on all aspects of equality (e.g. Welsh Equality
  Reference Group)
• Effect? Some evidence of parties/ candidates
  signing up to adopt 3rd sector orgs proposals
  (e.g. Refugees org/ One Wales)

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Equalities Law in Wales

• Creation of distinctive legal framework on
• equalities in Wales
• Move towards increasing use of hard policy
• enforcement mechanisms
• General lack of awareness of legislative
  dimension
• Pre-2007 founded on secondary legislation
• Regulatory Impact Assessments (inc. S.77
  compliance) required for all Welsh subordinate
  legislation
• Result of legislative dimension to devolution in
  Wales, Scot. N. Ireland different legal
  rights, means of redress and welfare entitlements
  apply in the countries of the UK

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• School Government (Terms of Reference) (Wales)
• Regulations (2000)
• Places legal duties on governing bodies and head
  teachers to
• exercise their functions with due regard to the
  promotion of
• equal opportunities and good relations
• The Education (Assembly Learning Grant Scheme)
  (Wales) (Amendment) Regulations (2002)
• To enable persons to undertake FE / HE courses by
  providing financial assistance in or towards
  meeting the cost of childcare incurred in
  consequence of their attending such a course
• The Education (Induction Arrangements for School
  Teachers) (Amendment) (Wales) Regulations (2004)
• Requires public bodies to have greater
  consideration of mat/ paternity leave etc. in
  induction arrangements for school teachers
• The Single Education Plan (Wales) Regulations
  (2006)
• Education authorities Plans must contain a
  statement of the overall strategic vision and
  values in discharging their education
  responsibilities, having regard to equality
  legislation
• The Local Authorities (Model Code of Conduct)
  (Wales) Order (2008)
• LA staff You must (a) carry out your duties
  and responsibilities with due regard to the
  principle that there should be equality of
  opportunity for all people

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Equalities Law in Wales

• Post- 07 primary lawmaking powers
• (Measures via LCO process) has significant
• potential for increasingly divergent
• equalities law
• Each of the first five proposed Assembly Measures
  (2008-9) dealt explicitly with an
  equality-related topic
• (Legislative Competence) (Welsh Language) Order
  (2009) potential duties cover parts of private/
  vol. sectors as well as public sector
• Equality Bill (2009) allows Welsh ministers to
  powers to impose specific equality duties on
  certain public authorities in Wales
• And, impose specific duties in relation to the
  devolved Welsh functions of the cross-border
  authorities

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The Case for Full Lawmaking Powers

• Complexity opaque nature of NAfWs powers
  undermines EC principles of good governance
• Survey of 1,000 members of equalities NGOs
  uncertainty over powers may limit engagement with
  NAfW/ WAG
• Analysis of NAfW Equality Committee Transcripts
  2006-8 approx. half of meetings e.g.s of
  frustration/ uncertainty stemming from
  limitations or lack of clarity over powers
• I would like some clarity (24.01.2007) The
  trouble is that, as you quite rightly said, most
  of this is not devolved to us (28.02.2007)
  What powers does the Assembly have?
  (12.04.2007) This is a cause for concern ... I
  am not sure with whom the responsibility lies for
  this. Can you help us? (18.05.2007).
• Full lawmaking powers would limit Westminster
  constraints on devolved equality policies
• LCO process gives Westminster potential veto over
  WAG legislating on manifesto commitments

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Human Rights

• ECHR enshrined in GOWA s.81
• Limited evidence of policy divergence on HR
• WAG commitment to UNCRC Children and Young
  People Rights into Action (2004)
• Requirement learners to explore their rights
  in in line with UNCRC in National Curriculum
  Orders (WAG, 2008)
• Progressive measure UNCRC enacted into secondary
  legislation relating to the creation of Office of
  Childrens Commissioner for Wales
• Social Welfare and Other Fields LCO (2008) offers
  potential to embed UN HR conventions etc into
  devolved policymaking/ service delivery
• Growing legislative dimension to devolution in
  Wales leading to increasingly distinctive Human
  Rights framework

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Equalities Infrastructure

• Significant development of the Welsh state
  equalities infrastructure
• New dedicated Wales-only bodies e.g. Welsh
  Commissioners for Children and Older People
• Devolved structures of Equality and Human Rights
  Commission
• Advice Provision
• New bodies (e.g. EHRC Wales, CAFCASS Cymru)
• Overall picture growing capacity also of
  uneven provision
• issue - extent to which advice provision
  coordinated across strands/ human rights/ the
  public, private voluntary sectors

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Womens Political Representation

• Demand for descriptive representation
• for groups traditionally marginalized in
  politics
• Womens representation - significant progress
• Analysis of gender dynamics of plenary debates
  the importance of descriptive representation
• Probabilistically women more likely than men to
  advance the substantive representation of women
• Women more likely to initiate debate on equality
• Women more likely to advance gender equality in
  ministerial intervention in debate
• Key role of equality champion
• Situated knowledge
• Future progress not assured key role of
  political parties

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Chaney P, (2006) Critical Mass, Deliberation and
the Substantive Representation of Women Evidence
from the UKs Devolution Programme, Political
Studies, 54, 4. 671-91. ISSN 0032 3217
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Has Devolution Delivered on Equalities?

• Issues around scrutiny of govt. policy
• Variability between govt departments/ policy
  areas regarding the promotion of equalities.
• Gaps and limitations in official statistics
• Early years
• A disconnect between the aim of mainstreaming
  and government actions.
• An emphasis on bureaucratic processes associated
  with government equalities initiatives rather
  than the results that they achieve
• Absence of a systematic and robust process of
  setting equality targets accompanied by rigorous
  scrutiny and monitoring of whether policy goals
  have been met
• Greater progress needed in increasing no.s /
  capacity of NGOs etc to engage in equalities
  policymaking

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Has Devolution Delivered on Equalities?

• Devolution has had positive impact
• Institutionalising of equalities
• in constitutional law, governance
• structures and procedures gt enabling context gt
  full potential yet to be realised
• Plethora of public policy initiatives gt a major
  discontinuity with past
• Innovative e.g.s of post-devolution equality
  policies
• Variety of approaches rights, recognition,
  redistribution, representation, positive action
  mainstreaming
• Participatory dimension to policy making
• Increasing legislative dimension to promoting
  equalities
• Further step in end of universalism in social
  policy