Equality Scheme for Northern Ireland. Drawn up in accordance with Section 75 and Schedule 9 of the Northern Ireland Act 1998

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1 Equality Scheme for Northern Ireland Drawn up in accordance with Section 75 and Schedule 9 of the Northern Ireland Act 1998 Published: September 2005

2 Contents Page 1 Foreword 1 2 Introduction 2 3 Ofcom s functions and policies 5 4 Arrangements for assessing compliance with Section 75 duties 5 Assessing and consulting on the impact of policies on the promotion of equality of opportunity Consultation 13 7 Monitoring 15 8 Publication of the outcome of impact assessments and monitoring 16 9 Public access to information and services Training Publication of the Scheme Complaints Review of the Equality Scheme 22 Appendix 1 Examples of groups relevant to the section 75 categories for Northern Ireland purposes 23 Appendix 2 List of consultees 24 Appendix 3 Summary Timetable 26 Appendix 4 Consultation on Draft Equality Scheme 28 Annex A Response by Disability Action 30

3 Section 1 Foreword Statement by the Chairman and Chief Executive Ofcom is fully committed to fulfilling its statutory duties under Section 75 of the Northern Ireland Act 1998 in relation to all its functions in Northern Ireland. This draft Equality Scheme sets out how the organisation proposes to fulfil its obligations to promote equality of opportunity and good relations under this legislation. We will ensure through a programme of communication and training that all employees whose work relates to functions discharged in Northern Ireland are fully aware of the need to implement the Scheme. We shall give personal direction and leadership within the organisation to achieve this, and ensure the efficient allocation of any necessary resources in terms of people, time and money to ensure that these statutory duties are complied with and that the equality scheme can be drawn up and implemented effectively, and on time. We also commit Ofcom to setting up effective internal systems to monitor compliance with these statutory duties and to monitor and review progress. This Scheme has been issued in draft form, as required under the legislation, to allow consultation with all those who are affected by Ofcom s policies in Northern Ireland

4 Section 1 Introduction 1.1 Ofcom is the regulator for the UK communications industries, with responsibilities across television, radio, telecommunications and wireless communications services. It is independent of Government but accountable to Parliament at Westminster. 1.2 Ofcom s sponsoring Departments of State are the Department of Trade and Industry and the Department for Culture, Media and Sport. Ofcom in Northern Ireland maintains an appropriate relationship, as a matter of courtesy, with the Department of Enterprise, Trade and Investment and the Department of Culture, Arts and Leisure in Northern Ireland. 1.3 Ofcom was set up, and its powers and duties are provided for, under the Communications Act Its principal statutory duty in carrying out its function is to: (a) further the interests of citizens in relation to communication matters, and (b) further the interests of consumers in relevant markets, where appropriate by promoting competition. Broadcasting and telecommunications are reserved matters the responsibility of UK central government and not that of the devolved assembly in Northern Ireland. 1.4 Ofcom s main office is located in London; it has,in addition, offices in Wales and Scotland and,specifically, an office in Northern Ireland to represent Ofcom to people and organisations in Northern Ireland and to enable them to more easily make contact with Ofcom and articulate their views and concerns 1.5 Under Section 3 of the Communications Act 2003 ( The Communications Act ) Ofcom must have regard to the following in the performance of its duties: The different needs and interests, so far as the use of the electromagnetic spectrum for wireless telegraphy is concerned, of all persons who may wish to make use of it. The need to secure that the application, in the case of television and radio services, of standards falling within subsection (2) (e) and (f) of Section 3 is in the manner that best guarantees an appropriate level of freedom of expression The vulnerability of children and of others whose circumstances appear to Ofcom to put them in need of special protection The needs of persons with disabilities, of the elderly and of those on low incomes The opinions of consumers in relevant markets and of members of the public generally - 2 -

5 The different interests of persons in the different parts of the United Kingdom, of the different ethnic communities within the United Kingdom and of persons living in rural and in urban areas 1.6 Section 21 of the Communications Act gives Ofcom a specific duty to establish an Advisory Committee on elderly and disabled persons and Ofcom has accordingly established an Advisory Committee for Older and Disabled People. 1.7 Section 27 of the Communications Act requires Ofcom to promote the development of opportunities for training and re-training of people working in television and radio and in particular, to take all steps as they consider appropriate for promoting equality of opportunity in training and for promoting the equalization of opportunities for disabled persons. 1.8 Sections 264 and 265 of the Communications Act require that, in reporting on Ofcom s public service remit and the remit of licence providers, Ofcom should have regard to the diversity of cultural activity in the United Kingdom, the range of religion and beliefs and the lives and concerns of different communities and cultural interests and traditions. 1.9 The Ofcom Board provides strategic direction for Ofcom it is the main statutory instrument of regulation with a fundamental role in the effective implementation of the Communications Act The Content Board has been established by the Ofcom Board; this Board has delegated and advisory responsibility for a wide range of content issues, predominantly dealing with broadcasting. One member represents the interests and opinions of people living in Northern Ireland An Ofcom Consumer Panel has been established to advise Ofcom on consumer interests in the markets regulated by Ofcom and again includes specific Northern Ireland representation. It has a specific remit to inform Ofcom on consumer issues, specifically those of interest to rural customers, older people, people with disabilities and those on low income or who are otherwise disadvantaged Ofcom has also established an Advisory Committee for Northern Ireland. This Committee advises Ofcom on the full range of its activities across the communications sectors in Northern Ireland. It specifically provides Ofcom with advice about issues, concerns and special circumstances relating to Northern Ireland and reflects the views of people living there Section 75 of the Northern Ireland Act 1998 ( the Act ) requires Ofcom, in carrying out all its functions relating to Northern Ireland, to have due regard to the need to promote equality of opportunity: between persons of different religious belief, political opinion, racial group, age, marital status or sexual orientation; between men and women generally; between persons with a disability and persons without; and between persons with dependants and persons without

6 1.14 In addition, without prejudice to the above obligation, Ofcom shall, in carrying out its functions relating to Northern Ireland, have regard to the desirability of promoting good relations between persons of different religious belief, political opinion or racial group Schedule 9 of the Act requires Ofcom to set out in an Equality Scheme how it proposes to fulfill the duties imposed by Section 75 of the Act. This document is intended to fulfill that statutory requirement. This Equality Scheme covers all Ofcom s functions, powers and duties as they relate to, or are implemented in Northern Ireland

7 Section 2 Ofcom s functions and policies 2.1 The functions and duties for which Ofcom is responsible in Northern Ireland are outlined in the Communications Act. The functions and duties set out in this Act cover Ofcom s powers and duties as they apply throughout the United Kingdom, including Northern Ireland. 2.2 Ofcom assumed the functions previously carried out by a number of predecessor regulators the Independent Television Commission, the Office of Telecommunications, the Radio Authority, the Radiocommunications Agency and Broadcasting Standards Council; in addition Ofcom was given many additional responsibilities under the Communications Act. 2.3 Ofcom s specific duties fall into five areas: (i) (ii) (iii) (iv) (v) (vi) Ensuring the optimal use of the electric-magnetic spectrum Ensuring that a wide range of electronic communication services including high speed data services is available throughout the UK Ensuring the provision of a wide range of TV and radio services of high quality and wide appeal Maintaining plurality in the provision of broadcasting Applying adequate protection for audiences against offensive or harmful material Applying adequate protection for audiences against unfairness or infringements of privacy 2.4 Ofcom is committed to undertaking these duties by: Balancing the promotion of choice and competition with the duty to foster plurality, inform citizenship, protect viewers, listeners and customers and to promote cultural diversity Serving the interests of the citizen-consumer as the communications industry enters the digital age Supporting the need for innovators, creators and investors to flourish within markets driven by full and fair competition between all providers Encouraging the evolution of electronic media and communication networks to the greater benefit of all who live in the United Kingdom. 2.5 Ofcom discharges these duties by undertaking the following policies which relate to specifically to its functions in Northern Ireland: (i) A policy of ensuring the optimal use of the electric-magnetic spectrum by: enabling value-added use of spectrum implementing spectrum trading keeping the spectrum clean spectrum pricing spectrum licensing, monitoring and enforcement - 5 -

8 (ii) (iii) (iv) (v) (vi) A policy of ensuring that a wide range of electronic communication services including high speed data services is available throughout the UK by: focusing on driving digital switchover advancing broadband development encouraging competition in telecommunications A policy of ensuring the provision of a wide range of TV and radio services of high quality and wide appeal by: working with public service broadcasters to implement new programming quotas and to devise a flexible self-regulatory regime which underpins quality public service broadcasting working with UK broadcasters to ensure that existing requirements are fulfilled with regard to standards, access for people with sensory disabilities and EU quotas A policy of maintaining plurality in the provision of broadcasting by: developing a new broadcasting licensing regime to foster selfregulation and broaden choice implementing changes to broadcasting content regulation to deliver additional citizen consumer benefits improving quality increasing access A policy of applying adequate protection for audiences against offensive or harmful material and against unfairness or infringements of privacy by: reviewing broadcast standards to ensure they appropriately reflect community standards ensuring content complaints are dealt with effectively and efficiently Employment Policies Employment policies for all staff including recruitment, management, development and retention are in line with best practice in Northern Ireland. In the appointment of members of the Advisory Committee for Northern Ireland Ofcom complies with the best practice as outlined under OPCA. Consequently the Advisory Committee for Northern Ireland is chosen by open public process and the recruitment process closely follows the Nolan principles. There are nine members of staff currently employed by Ofcom in Northern Ireland at its Belfast office; terms and conditions for these employees are those which generally apply to all staff employed by Ofcom throughout the UK. (vii) Procurement Policies Procurement within Ofcom is delegated to Group (including National and Regional) buyers. Group buyers are supported by a centralised Procurement Team, within the Ofcom Finance Department, providing training, advice and assistance. The Procurement team itself has prime responsibility for developing procurement policies and procedures, model contracts and forms, and assisting with major procurements (including framework agreements) which are subject to - 6 -

9 the EU Procurement Directives. Ofcom complies with best practice as laid down by OJEC. 2.6 Since Ofcom is at an early stage of development it is focusing closely on its primary statutory duties. Future specific policies may be developed, but these will then be addressed as new policies, as indicated at 4.11 and

10 Section 3 Arrangements for assessing compliance with Section 75 duties 3.1. The Chief Executive is responsible for ensuring that the organisation fully complies with this Scheme. Each member of the Senior Management Team is responsible to the Chief Executive for ensuring that his/her area of responsibility fully complies with this Scheme Operational responsibility for compliance with the s.75 duties within Ofcom rests with the Secretary to the Corporation, who is a member of the Senior Management Team. Responsibility for the day-to-day management of Ofcom s statutory duties as they apply in Northern Ireland rests with the Director, Northern Ireland. This responsibility includes specific direct responsibility for ensuring that the list of Ofcom stakeholders in Northern Ireland is up-to-date and for arranging appropriate s.75 consultations. Ofcom employs about 850 staff, mainly based in London and is at an early stage of its development. A formal standing group on Section 75 issues will be established with representatives from each Group to ensure that Section 75 issues are effectively mainstreamed 3.3. The Director, Northern Ireland will be the central point of contact with the Equality Commission, for consultation exercises in Northern Ireland, and for complaints under the Scheme. His contact details are: Denis Wolinski, Director, Northern Ireland Ofcom Second Floor, Landmark House 5 Cromac Quay The Gasworks Belfast BT7 2JD Telephone: Fax: ofcomnorthernirelandoffice@ofcom.org.uk Website: Text phone number for Contact Centre: Objectives and targets relating to the s.75 statutory duties will be integrated into Ofcom s corporate and annual plans. The implementation of Ofcom s obligations under Section 75 will be monitored and reported to the Ofcom Executive Committee on a quarterly basis, and reported to the Board annually. A report on its progress in meeting the objectives and targets set relating to the statutory duties will be included in Ofcom s Annual Report. 3.5 Ofcom will ensure that the implementation of the Section 75 duties is supported efficiently with any necessary resources. Ofcom will communicate with, and train its staff affected, on the requirements of these statutory duties, on this Equality Scheme and on how to implement them effectively

11 3.6 Ofcom will prepare an annual review of progress and the steps which have been taken by it during the year to promote equality of opportunity. This review will include an assessment of progress made during the year on both the equality of opportunity and good relations duties. The review will be sent to the Equality Commission to assist it in compiling its own Annual Report. Ofcom will liaise with the Equality Commission to ensure that progress is maintained. 3.7 Ofcom will conduct a comprehensive review of this Scheme within 5 years from the date that the Scheme is submitted to the Equality Commission. This review will include an assessment of how Ofcom has complied with the Section 75 obligations, and how equality of opportunity and good relations have been advanced relative to its main policy areas (this assessment may include an input from independent consultants). It will also consider any Guidance issued by the Equality Commission on the conduct of such a review. Ofcom will consult with those organisations listed at Appendix 2 as part of the review, before it is submitted to the Equality Commission. 3.8 A summary outline of the timetable for the actions proposed to comply with the Section 75 duties is attached at Appendix

12 Section 4 Assessing and consulting on the impact of policies on the promotion of equality of opportunity 4.1 Ofcom will assess over the lifetime of the Scheme how each of its current policies relating to its functions in Northern Ireland impacts on the promotion of equality of opportunity and the promotion of good relations as defined in Section 75 of the Act. In identifying policies to be subject to the equality impact assessment procedure Ofcom will consider its existing policies (see Chapter 2) and any new policies relevant to its work in Northern Ireland during the term of the Scheme. The procedure followed on impact assessment will be in accordance with Annex 1 of the Guide to the statutory duties. Screening 4.2 Ofcom will screen all its existing policies which relate to its functions discharged in Northern Ireland to identify those which will be subject to the equality impact assessment procedure. Ofcom will ensure that screening is complete within six months of the submission of the draft Equality Scheme to the Equality Commission. 4.3 Ofcom will consider the impact of each current policy on equality of opportunity in terms of the nine categories listed at Section 75 of the Act. For each policy the following criteria will be applied: (a) (b) (c) (d) is there any evidence of higher or lower participation or uptake by different groups within any of the nine categories? is there any evidence that different groups have different needs, experiences, issues and priorities in relation to the particular main policy area? is there an opportunity to better promote equality of opportunity or better community relations by altering policy or working with others in government or the community at large? have consultations with relevant representatives, organisations or individuals within groups indicated that particular policies create problems that are specific to them? 4.4 Ofcom will undertake to screen its current policies using these criteria (4.3). This procedure will establish which of its policies has a significant impact on equality of opportunity and should be subject to full impact assessment. This exercise will also identify the Section 75 categories where each current policy is expected to have a significant impact. Impact assessments of current policies will concentrate, in particular, on the categories identified in this exercise. 4.5 Ofcom will consult on the results of this initial screening exercise. It will consult the Equality Commission, other public bodies, the voluntary and community sector, trade unions and those with a legitimate interest in the matter, whether or not they have a direct economic or personal interest, including those cited at Appendix 2. The consultation will include a timetable

13 for conducting equality impact assessments on its current policies. These will be prioritised on the basis of: relevance to social need; effect on people's daily lives; effect on economic, social and human rights; 4.6 Ofcom will report to the Equality Commission in its first Annual Review on the results of this screening exercise. This will include details of those policies which will be subject to the impact assessment procedure and the timetable for assessing these policies. It will present details on the consultation, who was consulted and their comments. The report will also include any changes made as a result of the consultation and any policies proposed for impact assessment by those consulted which have not been included in the timetable by Ofcom with the reasons why they were not included. Impact assessment 4.7 Each equality impact assessment will aim to identify whether within each Section 75 category the policy under consideration creates differential impacts between groups or has the potential to enhance equality of opportunity between groups, particularly in terms of: rights; resources; participation; values and norms (i.e. traditional roles, stereotypes, division of labour, attitudes and behaviour). 4.8 A number of policies may be grouped together for composite assessment. An equality impact assessment of a policy may also be undertaken as part of a wider process of consultation on the policy. The timing and assessment of the consultation will also take account of the proposed timetable of other public authorities with responsibility for similar functional areas. Ofcom may also work jointly on these impact assessments with other public authorities, where this is appropriate. 4.9 The organisations indicated at Appendix 2 will be consulted as part of the equality impact assessment procedure. Those with a legitimate interest in the matter, whether or not they have a direct economic or personal interest, will be consulted. Consultation will be in accordance with the Equality Commission s Guiding Principles on Consultation and the arrangements set out in Chapter 5 of this Scheme Ofcom will ensure that the published information on equality impact assessments includes: the aims of the policy to which the assessment relates; details of any consideration given by Ofcom to measures which might mitigate any adverse impact of that policy on the promotion of equality of opportunity; and details of any alternative policies considered by Ofcom which might better achieve the promotion of equality of opportunity

14 New policies 4.11 Ofcom will scrutinise all new policies which could have an impact on equality of opportunity and good relations for its work in Northern Ireland in accordance with Section 75 requirements. A procedure similar to that applied to existing policies (and using the same criteria as at 4.3 and 4.4) will be adopted Ofcom currently does not anticipate that there will be any new policies within the next year that will need to be screened to assess their potential impact on equality of opportunity. Taking account of impact assessments and consultations in policy making 4.13 In making any decision on a current or on a proposed policy, which relates to its functions in Northern Ireland, Ofcom will take into account any equality impact assessment and the outcome of associated consultations regarding the policy. This is a statutory requirement under paragraph 9 (2) of Schedule 9 to the Northern Ireland Act

15 Section 5 Consultation 5.1 Ofcom will consult as appropriate with the Equality Commission and the Community Relations Council on issues relevant to the fulfillment of its Section 75 obligations. It will take account of proposals from both these bodies relating to its compliance with the Section 75 obligations. 5.2 Ofcom will consult on matters relating to the section 75 duties, its Equality Scheme, screening, and equality impact assessments with public sector organisations and representative groups of the Section 75 categories in the community, voluntary and trade union sector (as outlined in Appendix 2) who have a legitimate, particular interest in Ofcom s work in Northern Ireland and/or the impact of its policies on equality of opportunity and good relations. Ofcom will consult those directly affected by the policy to be assessed, whether or not they have a direct economic or personal interest. It should be noted that the list of consultees at Appendix 2 is not exhaustive and may be amended in the light of experience. (The results of the consultation on the draft Equality Scheme are attached as Appendix 4 to this report. 5.3 The arrangements outlined below will apply to all consultation exercises. Consultation will be conducted in accordance with the Guiding Principles set out in the Guide to the Statutory Duties. 5.4 Ofcom considers it is particularly important that sufficient, timely and appropriate information is provided to enable all affected groups and individuals to consider the full implications of proposals and it will take steps to provide this information. Relevant qualitative and quantitative data and other documentation, including consultants reports, will be available for all consultations. 5.5 Consultation will begin as early as possible to allow adequate time for groups to consult among themselves. Ofcom will endeavour to provide a period of at least eight weeks for consultation on matters with an equality impact. However, there may be exceptional circumstances where this timescale is not feasible e.g. where policies must be implemented immediately to comply with a court judgment or to protect health and safety. In such cases Ofcom will indicate why a shorter period has been adopted. Such circumstances will be monitored, kept under review, justified clearly and detailed in Ofcom s Annual Review to the Equality Commission. 5.6 In consulting on any matter to which this Scheme relates Ofcom will write to the organisations and groups listed at Appendix 2. Ofcom will work with representative groups and individuals of the Section 75 categories in order to identify how best to obtain their views. This may include meetings, advisory groups, surveys, consultative panels, internet discussions, citizens juries and other innovative ways of consulting as there will be different means of consultation for different groups. It will be important to establish the basis for dialogue and engagement with different groups during the life of the Scheme. Consideration will therefore be given to which method of consultation is the most appropriate in the specific circumstances

16 5.7 Consideration will be given to making information available in fully accessible formats on request, and in a timely way to ensure meaningful consultation and the highest level of inclusivity in any policy decision-making. Barriers to proper consultation will be removed, where practicable and reasonable, by giving consideration to appropriate formats - including large print, audio cassette, disc, Braille - and accessibility of languages, where the consultee is not fluent in English. Special consideration will be given to how best to consult with and communicate with young people, and those with a learning disability. Systems will be put in place to ensure that, where practicable and reasonable, appropriate, information is available in accessible formats in a timely fashion. 5.8 Staff in Ofcom engage regularly in consultation with various groups. Ofcom will ensure that those involved in facilitating consultations will have the necessary skills and sensitivities to communicate effectively, and arrange further training where this is appropriate. Such training will be developed in consultation with the affected groups. 5.9 Ofcom will seek to ensure full participation at consultation meetings by careful consideration, where appropriate and reasonable, of the timing, venue, accessibility, alternative formats of publication, the use of interpreters, and how the meeting is run. This includes a commitment to recognise, and where appropriate and reasonable, in good faith to meet access-related costs

17 Section 6 Monitoring 6.1 A system will be established to monitor the impact of policies in order to identify their effects on the relevant Section 75 groups. This will be reviewed on an annual basis and the results will be provided to those specified in Appendix 2. If monitoring and evaluation show that a policy results in greater adverse impact than predicted, or if opportunities arise which would allow for greater equality of opportunity to be promoted, Ofcom will ensure that the policy is revised. 6.2 Knowledge of the impact of Ofcom s policies on different groups within the Section 75 categories will be of assistance in assessing progress towards equality of opportunity. Within one year of approval of the Scheme, Ofcom will assess the extent of existing monitoring within each of the main policy areas and the scope for extending it to meet the obligations under the legislation. In addition to the value of any additional information required for assessing progress towards equality of opportunity, this review will also take into account the following factors: resource implications; readiness of the public to supply information; availability of other information and proxy measures (e.g. postcode analysis) to enhance monitoring information on the nine s75 categories. 6.3 In some cases an equality impact assessment may identify an anticipated adverse impact on particular groups within the Section 75 categories. Assuming that no alternative policy is feasible, steps will be taken, wherever possible, to mitigate such anticipated adverse impact. Ofcom may, in these circumstances, commission special monitoring to confirm the extent of the differential adverse impact and/or the success of any mitigating measures. Information collected in these special circumstances will be taken into account in any future review of the policy. 6.4 Ofcom will liaise closely with other statutory bodies in determining appropriate data sources for this monitoring, both in its consideration of special monitoring of anticipated adverse effects and in its review of existing monitoring arrangements

18 Section 7 Publication of the outcome of impact assessments and monitoring 7.1 Ofcom will make publicly available the outcome of any equality impact assessment and of any monitoring undertaken in relation to paragraphs 6.1, 6.2 and 6.3 above. This material will be available on Ofcom s website at Consideration will also be given, where practicable and reasonable, to making the material available in printed form and in alternative formats, such as Braille, disc, audio-cassette and minority languages from: Denis Wolinski, Director, Northern Ireland Ofcom Second Floor, Landmark House 5 Cromac Quay The Gasworks Belfast BT7 2JD Telephone: Fax: ofcomnorthernirelandoffice@ofcom.org.uk Website: Text phone number for Contact Centre: Ofcom will inform the general public about the availability of this material through the website or media generally. It will also directly inform the bodies listed at Appendix 2 when this material is available. Ofcom will take into account how best to communicate with young people and people with learning disabilities. 7.3 The published documentation on an equality impact assessment will include: the aims of the policy; details of any consideration given to mitigate any adverse impact of the policy on the promotion of equality of opportunity; and details of any consideration given to any alternative policies which might better achieve the promotion of equality of opportunity

19 Section 8 Public access to information and services 8.1 Ofcom is committed to effective communication with the public. It is committed to providing information and services to members of the public and consideration is given to providing such information in a range of formats and minority ethnic languages where practicable and reasonable. It ensures Northern Ireland representation on its Content Board and Consumer Panel, as well as having an Advisory Committee for Northern Ireland. 8.2 Ofcom recognises, however, that unless specific action is taken some sections of the public will not enjoy equality of opportunity in accessing the information it provides. There are four particular areas where consideration will be given, where practicable and reasonable, to provide further action: for people with communication, sensory and learning disabilities; for some members of minority ethnic communities who are not fluent in English; for younger and older people; and for either of the two major religious/political communities in Northern Ireland where regional/ local newspapers are read predominantly by members of one community. 8.3 Ofcom will, within the first year following the approval of the Equality Scheme, assess its arrangements for providing information in Northern Ireland. This will include consideration of, where practicable and reasonable, alternative information provision in Braille, large print, audio-cassette, text-phones and minority ethnic language formats for those who are not fluent in English. This assessment will take account of the legal requirements placed on Ofcom under the Disability Discrimination Act 1995, the likely demand for information in such formats across its main policy areas, and resource implications. Based on this assessment Ofcom will make recommendations on how public access to its information might be improved. It will consult on these recommendations and implement them appropriately. Ofcom will publicise widely the arrangements put in place and will monitor access to information and services to ensure equality of opportunity. 8.4 In disseminating information through the Northern Ireland Press, Ofcom will ensure that press statements or public advertisements are placed with all the Northern Irish daily newspapers currently the Irish News, the News Letter and the Belfast Telegraph (including the North West edition). 8.5 In locating its offices in Northern Ireland Ofcom will ensure that no member of the public is deterred from visiting for whatever reason. All public offices will maintain a welcoming and harmonious environment. Ofcom will also adhere to the relevant provisions of the Disability Discrimination Act Ofcom will ensure that it promotes its responsibilities under s75 through a range of publications and media, including its website, public advertisements, internal communications, briefings to staff and the organisation s Annual

20 Report. The Chief Executive and other senior staff will promote these responsibilities to staff and the public. 8.7 The arrangements outlined in this Scheme regarding the provision of information relating to impact assessments will apply to the general provision of information and the publication of this Scheme

21 Section 9 Training 9.1 Ofcom will ensure that all staff involved in the implementation of the Scheme will receive an appropriate programme of training and awareness raising on issues relating to Sections 75, 76 and Schedule 9 of the Northern Ireland Act 1998, as well as on other anti-discrimination legislation in force in Northern Ireland. The training will include an explanation of the new statutory duties, their implications for all affected staff and the contents of this Equality Scheme. Ofcom will develop a programme to deliver this training over the life of the Scheme. Initial training of all staff covered by the Scheme will be completed by the end of Year 2 of the Scheme s operation (see Appendix 3). Ofcom will report annually to the Equality Commission on progress on this matter. 9.2 All new staff, whose work relates to functions discharged in Northern Ireland, will be informed of the requirements of the Section 75 duties (as outlined in 9.1 above) and the Equality Scheme in their Induction Training. All Ofcom staff will also have access to a copy of the Scheme. 9.3 Specialist staff, whose work relates to functions discharged in Northern Ireland, such as those involved in research and data collection, monitoring and policy development, as well as all staff based in the Northern Ireland office, will receive more specific focused training as appropriate. Staff engaged in consultation exercises already have developed considerable skills in this area, but training will be provided, as appropriate, to ensure that they can communicate effectively with those being consulted. 9.4 Staff involved in screening policies, conducting equality impact assessments of policies, dealing with complaints and implementing and monitoring Ofcom s Scheme will be provided with the necessary skills and knowledge to do this work effectively. Ofcom will evaluate the extent to which the training has succeeded in providing the requisite skills and knowledge and take any further measures as necessary. The Annual Review will detail the extent to which progress in achieving the training objectives has been achieved. 9.5 As part of the consultation input will be sought from representatives of Section 75 groups to inform the content and development of such training

22 Section 10 Publication of the Scheme 10.1 Following approval of the Scheme by the Equality Commission, a copy of the Scheme will be sent to all those organisations listed in Appendix 2 who have responded to the consultation process The Scheme will be available (free of charge) in print form and, where it is reasonable and practicable to do so, in alternative formats (such as Braille, disc, audio-cassette and minority languages) on request, through: Denis Wolinski Director, Northern Ireland Ofcom Second Floor, Landmark House 5 Cromac Quay The Gasworks Belfast BT7 2JD Telephone: Fax: ofcomnorthernirelandoffice@ofcom.org.uk Website: Text phone number for Contact Centre: Specific consideration will also be given to how best to communicate the Scheme to young people and those with learning disabilities. Systems will be put in place to ensure that, where practicable and reasonable, the scheme is available in such accessible formats in a timely fashion Ofcom will place an advertisement in Northern Ireland when the Scheme is approved by the Equality Commission All staff, whose work relates to functions discharged by Ofcom in Northern Ireland, and the Board and Senior Management team will be provided with a copy of the Scheme

23 Section 11 Complaints 11.1 Where a person (the complainant) believes that s/he has been directly affected by a failure by Ofcom to comply with this Scheme s/he should, in the first instance, bring her/his complaint to the attention of: Denis Wolinski Director, Northern Ireland Ofcom Second Floor, Landmark House 5 Cromac Quay The Gasworks Belfast BT7 2JD Telephone: Fax: ofcomnorthernirelandoffice@ofcom.org.uk Website: Text phone number for Contact Centre: Ofcom will ensure the accessibility of the procedure for those raising complaints Ofcom will investigate the complaint or give the complainant a reason for not investigating it. Ofcom will seek to provide a substantive response to the complaint normally within one month from the date of its receipt In responding to the complainant Ofcom will inform her/him of the procedure for pursuing the complaint further with the Equality Commission. In any subsequent investigation by the Equality Commission, or any investigation initiated by the Commission under sub-para 11(1) (b) of Schedule 9 to the Northern Ireland Act 1998 Ofcom will co-operate fully, providing access to any relevant information the Commission may require

24 Section 12 Review of the Equality Scheme 12.1 Ofcom will conduct a comprehensive review of this Scheme within five years from the date that it is submitted to the Equality Commission This Review will include an assessment of how Ofcom has complied with its Section 75 obligations and how equality of opportunity and good relations have been advanced relative to the main policy areas (this assessment may include input from independent consultants) Ofcom will consult with those organisations listed at Appendix 2 (as amended) as part of the Review prior to forwarding its submission to the Equality Commission. The Review will consider any Guidance issued by the Equality Commission on the conduct of such a review. The results of the Review will also be made public

25 Appendix 1 Examples of groups relevant to the section 75 categories for Northern Ireland purposes Category Age Marital status Men and women generally Persons with a disability Persons with dependants Political opinion Racial group Religious belief Sexual orientation Examples of Groups Those under 18; people aged between 18 and 65; and people over 65. However, the definition of age groups will need to be sensitive to the policy under consideration. Married people; unmarried people; divorced or separated people; widowed people. Men (including boys); women (including girls); trans-gendered people; transsexual people. Persons with a disability as defined in Sections 1 and 2 of the Disability Discrimination Act Persons with primary responsibility for care of a child; persons with personal responsibility for the care of a person with a disability; persons with primary responsibility for the care of a dependant elderly person. Unionists generally; Nationalists generally; members/supporters of any political party; other. Chinese; Irish Traveller; Indian; Pakistani; Bangladeshi; Black African; Black Caribbean; White; mixed ethnic group; any other ethnic group or nationality. Protestant; Catholic; Hindu; Jewish; Islam / Muslim; Sikh; Buddhist; other religion; people of no religious belief. Gay; lesbian; bisexual; heterosexual

26 Appendix 2 List of consultees The following is a list of those public authorities, voluntary, community, trade union and other groups which Ofcom considers may have an interest in its work. Ofcom has sought to identify as many as possible but recognises that the list is not exhaustive and may be amended in the light of experience. Age Concern Arts Council Association of Northern Ireland Colleges Barnardos BBC Broadcasting Council British Deaf Association CBI Chief Executives Forum Chinese Welfare Association Carers National Association Northern Ireland Coalition on Sexual Orientation Community Relations Council Department of Employment and Learning Department of Education Department of Enterprise Trade and Investment Department of Social Development Department of Health Department of Culture, Arts and Leisure Disability Action Digital Steering Group Democratic Dialogue EGSA Equality Coalition Equality Commission for Northern Ireland Federation of Small Businesses Foras na Gaelige General Consumer Council (NI) Gingerbread Northern Ireland Help the Aged Institute of Practitioners in Advertising Iontahbas na Gaelige Institute of Directors Indian Community Centre Mencap Northern Ireland Association for the Care and Resettlement of Offenders Northern Ireland Commissioner for Children and Young People Northern Ireland Committee, Irish Congress of Trade Unions Northern Ireland Council for Ethnic Minorities Northern Ireland Council for Voluntary Action Northern Ireland Local Government Association Northern Ireland African Cultural Centre Northern Ireland Chamber of Commerce and Industry Northern Ireland Association of Citizens Advice Bureau Northern Ireland Gay Rights Association Northern Ireland Human Rights Commission

27 Office of the First Minister and Deputy First Minister PACT Ofcom Board members and staff Pobal Queen s University, Belfast Royal National Institute for Blind People (N Ireland) Royal National Institute for Deaf People (N Ireland) Rural Community Network Rural Development Council Save the Children Solace The NI Churches The NI political parties The Ulster Scots Agency Training for Women Network Travellers Movement Northern Ireland Ulster Farmers Union Ulster Scots Heritage Ultach Trust University of Ulster UTV Religious Advisory Committee UTV Regional Advisory Committee Women s Aid Federation Women s Forum Northern Ireland Youth Council

28 Appendix 3 Summary Timetable Year 1 Establish and operationalise internal Section 75 management systems Screening of current policies to determine which policies will be subject to full impact assessment and when Equality impact assessment of policies scheduled for Year 1 as result of initial screening Screen and impact assess new policies, as appropriate Development of training programme for Ofcom staff First phase of training programme Review of monitoring arrangements Review of arrangements for providing information to the public Quarterly reports to Executive Committee on progress on Section 75; report on Section 75 in Ofcom s Annual Report Preparation and submission of Annual Review to Equality Commission, including details on screening exercise Year 2 Equality impact assessment of policies scheduled for Year 2 as result of initial screening Screen and impact assess new policies, as appropriate Second phase of training programme; initial training for all affected staff complete Monitoring programme Quarterly reports to Executive Committee on progress on Section 75; report on Section 75 in Ofcom s Annual Report Preparation and submission of Annual Review to Equality Commission Year 3 Equality impact assessment of policies scheduled for Year 3 as result of initial screening Screen and impact assess new policies, as appropriate Review of training needs, including any additional training as appropriate Monitoring programme Quarterly reports to Executive Committee on progress on Section 75; report on section 75 in Ofcom s Annual Report Preparation and submission of Annual Review to Equality Commission Year 4 Equality impact assessment of policies scheduled for Year 4 as result of initial screening Screen, and impact assess new policies, as appropriate Any additional training as appropriate Quarterly reports to Executive Committee on progress on Section 75, report on Section 75 in Ofcom s Annual Report Preparation and submission of Annual Review to Equality Commission

29 Year 5 Equality impact assessment of policies scheduled for Year 5 as result of initial screening Screen, and impact assess new policies, as appropriate Any additional training as appropriate Quarterly reports to Executive Committee on progress on Section 75, report on Section 75 in Ofcom s Annual Report Preparation and submission of Annual Review to Equality Commission Preparation of Review of Equality Scheme The timetable will be reviewed following screening and consultation. The revised version will include details of which current policies requiring full equality impact assessment will be assessed in each year

30 Appendix 4 CONSULTATION ON DRAFT EQUALITY SCHEME 1. Ofcom issued its draft Equality Scheme for consultation on 17 th November The draft Scheme was issued to all organisations listed at Appendix 2. An advertisement informing the public that the draft Scheme was available for consultation was placed in the three regional papers and on Ofcom s website. 2. Potential consultees were advised that information would be provided in alternative formats, and in different languages for minority ethnic groups, on request. Consultation meetings were also offered to any groups requesting these facilities. No such requests for alternative formats or meetings were received. 3. A period of consultation on the draft Scheme of 8 weeks was provided with a closing date of 17 th January responses were received during the period, as follows: Consultee NI Commissioner for Children and Young People (NICCY) Disability Action 5. In his response the Northern Ireland Commissioner for Children and Young People (NICCY) clarified his priorities specifically his responsibilities to ensure that children and young peoples voices are heard and their views represented to decision makers. NICCY further highlighted that children and young people are avid consumers of broadcasting and telecommunications services, welcomed Ofcom s general approach and wholeheartedly supported the measures outlined in its draft scheme to consult children and young people. 6. NICCY also specifically welcomed the opportunity to advise Ofcom on plans for consulting with children and young people, as set out in Section 5 of this draft scheme. In addition NICCY encourages the use of creative ways to engage with children and young people e.g. text polling, groupings, Youth Panels representing either the generality of children and young people or specific sectors e.g. children

31 from ethnic minority backgrounds, or by using the specialist skills developed in the pre-school sector to seek the views of very young children. 7. Ofcom welcomes this offer of advice and guidance and will consult further with NICCY. 8. Disability Action provided detailed responses commenting specifically on the contents of Ofcom s draft scheme. The issues raised by Disability Action and Ofcom s response to these issues are presented in Annex A to this Appendix. 9. The responses received have proved beneficial in ensuring that the draft Equality Scheme better meets the needs of the equality categories specified under s75. This final draft of the Equality Scheme has been amended to incorporate a number of the suggestions made. Ofcom thanks those consultees who responded for their contributions and looks forward to working together in the future as it undertakes its commitments outlined in the Scheme

32 Annex A Response by Disability Action Para Disability Action s comments Ofcom s response 6. Welcomes the offer of accessible formats and requests Ofcom to list the range available e.g. large print, Braille, audio cassette, computer disk (covering letter) Ofcom will seek to make clear in future available alternative formats 7. Contact details should include a text phone number to enable deaf people the same access as those who are hearing. (Covering letter) Ofcom has included the details of the text phone number for its contact centre in this scheme and will promote this in future, as appropriate. 8. Requests information as to whether the Advisory Committee (for older and disabled people) includes the active participation of older and disabled people (draft Scheme, 1.6) Ofcom has established an Advisory Committee for Older and Disabled People in line with its obligations under Section 21 of the Communications Act This includes the active participation of older and disabled people. The Consumer Panel includes a Northern Ireland representative who has a disability. 9. Requests information on the composition of the Advisory Committee for Northern Ireland (1.12) The Advisory Committee for Northern Ireland includes those with an interest in and expertise in Ofcom s remit as it applies to Northern Ireland. 10. Does Ofcom mean representatives of each of the 9 s75 categories in its reference to the formal Standing Group? (3.2) The Standing Group referred to is an internal group within Ofcom to ensure effective implementation of its s75 responsibilities throughout the entire organization