4.1Schedule 9 4. (2) (b); Schedule 9 4. (2) (c); Schedule 9 4. (2) (d); Schedule 9 9. (1); Schedule 9 9. (2)

4.2Our arrangements for assessing the likely impact of policies we have adopted or propose to adopt on the promotion of equality of opportunity

4.3Schedule 9 4. (2) (b)
In the context of Section 75, “policy” is very broadly defined, and it covers all the ways in which we carry out or propose to carry out our functions in relation to Northern Ireland. In respect of this equality scheme, the term “policy” is used for any (proposed/amended/existing) strategy, policy initiative or practice and/or decision, whether written or unwritten and irrespective of the label given to it, for example “draft”, “pilot”, “high level” or “sectoral”.

4.4In making any decision with respect to a policy we have adopted or propose to adopt, we take into account any assessment or consultation carried out in relation to the policy, as required by Schedule 9 9. (2) of the Act.

4.5We use the tools of screening and equality impact assessment (EQIA) to assess the likely impact of a policy on the promotion of equality of opportunity and good relations. We will relate these assessments to the intended outcomes of the policy in question and will also follow Equality Commission guidance on:

• Screening, including the screening template, as detailed in the Equality Commission's Section 75 of the Northern Ireland Act 1998 – A Guide for Public Authorities (April 2010)
• Undertaking an EQIA as detailed in the Equality Commission's Practical Guidance on Equality Impact Assessment (February 2005).

4.6Screening

4.7The purpose of screening is to identify those policies that are likely to have an impact on equality of opportunity and/or good relations.

4.8Screening is completed at the earliest opportunity in the policy development/review process. Policies that we propose to adopt will be subject to screening prior to implementation. For more detailed strategies or policies, which are to be put in place through a series of stages, we will screen at various stages during implementation.

4.9The lead role in the screening of a policy is taken by the policy decision maker, who has the authority to make changes to that policy. However, screening will also involve other relevant team members, for example equality specialists, those who implement the policy and staff members from other relevant work areas. Where possible, we will include key stakeholders in screening.

4.10The following questions are applied to all our policies as part of screening:

• What is the likely impact on equality of opportunity for those affected by this policy, for each of the Section 75 equality categories? (minor/major/none)
• Are there opportunities to better promote equality of opportunity for people within the Section 75 equality categories?
• To what extent is the policy likely to impact on good relations between people of different religious belief, political opinion or racial group? (minor/major/none)
• Are there opportunities to better promote good relations between people of different religious belief, political opinion or racial group?

4.11In order to answer the screening questions, we gather all the relevant information and data, both qualitative and quantitative. In taking this evidence into account, we consider the different needs, experiences and priorities for each of the Section 75 equality categories. Any screening decision will be informed by this evidence.

4.12Completion of screening, taking into account our consideration of the answers to all four screening questions set out in 4.10 above, will lead to one of the following three outcomes:

1. The policy is “screened in” for EQIA
2. The policy is “screened out” with mitigation⁷ or an alternative policy proposed to be adopted
3. The policy “is screened out” without mitigation or an alternative policy proposed to be adopted.

4.13If our screening concludes that the likely impact of a policy is “minor” in respect of one, or more, of the equality of opportunity and/or good relations categories, we may, on occasion, decide to proceed with an EQIA, depending on the policy. If an EQIA is not to be conducted we will, nonetheless, consider measures that might mitigate the policy impact as well as alternative policies that might better achieve the promotion of equality of opportunity and/or good relations.

4.14Where we apply mitigation, we will outline in our screening template the reasons to support this decision together with the proposed mitigation measures.

4.15This screening decision will be signed off by the appropriate policy lead.

4.16If our screening concludes that the likely impact of a policy is “major” in respect of one, or more, of the equality of opportunity and/or good relations categories, we will normally subject the policy to an EQIA.

4.17This screening decision will be signed off by the appropriate policy lead.

4.18If our screening concludes that the likely impact of a policy is “none” in respect of all the equality of opportunity and/or good relations categories, we may decide to “screen out” the policy. If a policy is “screened out” as having no relevance to equality of opportunity or good relations, we will give details of the reasons for the decision taken. This screening decision will be signed off by the appropriate policy lead.

4.19As soon as possible following the completion of screening, the screening template, signed off and approved by the senior manager responsible for the policy, will be made available on our website at: www.ofqual.gov.uk.

4.20If a consultee, including the Equality Commission, raises a concern about a screening decision based on supporting evidence, we will review the screening decision.
Our screening reports are published quarterly (see 4.26 below for details).

4.21Equality impact assessment

4.22An EQIA is a thorough and systematic analysis of a policy, whether that policy is formal or informal, and irrespective of the scope of that policy. The primary function of an EQIA is to determine the extent of any impact of a policy upon the Section 75 categories and to determine if the impact is an adverse one. It is also an opportunity to demonstrate the likely positive outcomes of a policy and to seek ways to more effectively promote equality of opportunity and good relations.

4.23If the screening of a policy identifies that an EQIA is necessary, we will carry out the EQIA in accordance with Equality Commission guidance. The EQIA will be carried out as part of the policy development process, before the policy is implemented.

4.24Any EQIA will be subject to consultation at the appropriate stage(s).