Equality, Good Relations and Human Rights Screening Questionnaire

Transcription

1 Equality, Good Relations and Human Rights Screening Questionnaire Revised Recruitment of Ex-Offenders and Security of Disclosures Policy & Procedure for NIFRS September Do you have any particular need, experience, issue or priority in relation to a revised Recruitment of Ex-Offenders and the Security of Disclosures Policy & Procedure? NIACRO welcomes the opportunity to respond to the NIFRS service policy consultation on the Revised Recruitment of Ex-Offenders and Security of Disclosures Policy. Before commenting on specific aspects of the consultation, we note that the title of this document is inconsistent with the desistance approach to working with people with convictions as it uses language and terms such as offenders. We recommend that the language is changed from ex-offenders to people with convictions to reflect the reality that people who have offended are capable of change, and that the NIFRS are committed to working to reduce any barriers they might face to successful re-integration into the community. NIACRO has significant experience of working with people with convictions, and engaging with and supporting employers. We have provided some background information regarding NIACRO s employer engagement and support and to set this within the context of the wider Strategic Framework for Reducing Offending. Approximately 40,000 people are convicted of an offence in Northern Ireland each year. Many of them have received their convictions for minor offences and few pose a serious risk of harm, but they can all face discrimination when they apply for a job. This means that people who have offended with skills, experience and knowledge are not able to contribute to the economy. There is also a criminal justice cost. Evidence shows that education, training and employment all significantly reduce the likelihood of someone re-offending. NIACRO works with employers to encourage fair treatment for job applicants who disclose convictions. We work closely with agencies such as the Equality Commission for Northern Ireland and the Northern Ireland Labour Relations Agency to develop our links with employers from a wide range of sectors.

2 We offer a free, confidential, advice service to employers and job applicants. We also run a half day training workshop on the fair recruitment of people with convictions. This covers: 1. Concerns / issues for employers and applicants regarding the practicalities of employing a person with a conviction. 2. Legislation covering the rehabilitation of people who have offended and how it impacts on the workplace. 3. How to facilitate disclosure of convictions. 4. Looking at the risk issues when assessing the relevance of an individual s conviction to the job they are seeking. Last year (2012/2013), we delivered training to 958 people from 111 organisations. Employment Advice Line NIACRO s employment advice line receives calls from people who are concerned about the impact of existing and new legislation on their jobs and job applications, and from employers who want to know where they stand when they get an application from someone with a conviction. Last year, we dealt with 1,090 enquiries from employers and employees. Some of those calls related to applicant queries regarding the NIFRS recruitment process and the disclosure of conviction information.

3 2. As a result of a revised Recruitment of Ex-Offenders and Security of Disclosures Policy & Procedure, do you envisage any differential impacts, either positive, or negative, for staff, the organisation and the community as a whole? (When answering think about the equality categories Age, Gender, Religion, Political Opinion, Marital Status, Dependents Status, Disability, Ethnicity, Sexual Orientation) We welcome the commitment set out in the policy to treat all applicants fairly and not to discriminate unfairly or unlawfully against those with convictions. It is, however, important to take account of the following factors to ensure equality of opportunity for people with convictions, and to ensure it is proactively promoted and fully embedded within the NIFRS policy and practice framework. It is estimated that approximately 40,000 people are convicted through the courts each year in Northern Ireland 1. This represents a significant proportion of the population who should not be denied access to the labour market. It is further estimated that some 30,000 people have received lengthy sentences as a result of the conflict in Northern Ireland. Adverse impact is therefore an issue regarding recruitment and selection. In particular, Section 75 of the Northern Ireland Act 1998 has relevance in that: a. People may experience discrimination on the grounds of previous involvement with a particular paramilitary group: grounds of political opinion. b. Most people who have been convicted of an offence are male; In 2009, of the people convicted in court in Northern Ireland, 85.7 % were male. 2 : grounds of gender. c. 37% of those convictions related to people aged 25 and under 3 : grounds of age. d. Families, spouses and dependants of people with a conviction are likely to experience adverse impact in relation to equality of opportunity: grounds with or without dependants. e. Home Office statistics estimate that 25% of the working age population and 40% of men have a conviction in the UK. 4 These statistics underline the importance of promotion of best practice in establishing and communicating a written policy within the NIFRS that there will promote fair consideration of applicants who declare convictions. 1 Information provided by the NICTS (17 th October 2013) Home Office (2002). Breaking the Circle: a report on the review of the Rehabilitation.

4 3. What changes to a revised Recruitment of Ex-Offenders and Security of Disclosures Policy & Procedure would you propose if any? What additional measures would you suggest to ensure that the NIFRS Recruitment of Ex-Offenders and Security of Disclosures Policy & Procedure would promote equality, fairness and good relations? As noted above, NIACRO believes that the document s language is inconsistent with the desistance approach to working with people with convictions by using the term such as exoffenders. We recommend that the language is changed from ex-offenders to people with convictions to reflect the reality that people who have offended are capable of change, and that the NIFRS are committed to working to reduce any barriers they might face to successful re-integration into the community. NIACRO welcomes the opportunity to provide some comments regarding the revised Recruitment of Ex-Offenders Policy (the Policy). These are outlined below. 1. Compliance with AccessNI Code of Practice While paragraph 1 of the Policy makes reference to the commitment of the NIFRS to comply fully with the AccessNI Code of Practice, NIACRO recommends that NIFRS embed other Code of Practice requirements within the Policy as follows: a. Section 1 (page 5) of the Code of Practice recommends that application forms for positions where disclosure will be requested contains a statements that a disclosure will be requested in the event of a successful application, so the applicants are aware of the situation. We would recommend that this is clearly highlighted in NIFRS revised Policy. b. The Code of Practice also recommends that application forms, or accompanying material, contain a statement to the effect that a criminal record will not necessarily be a bar to obtaining a position. NIACRO recommends that by making a statement of non-discrimination, employers demonstrate a willingness to consider people with convictions fairly and provide encouragement for job applicants to respond accurately. Disclosure information can therefore be more accurately captured through a confidential and separate process of self disclosure. It is good practice to provide a pro-forma document which outlines the kind of information the employers is requesting. For this reason, it is recommended that application forms do not ask applicants to disclose details of their criminal record. Such information does not form part of the shortlisting process and is therefore not required by employers at the application stage. Disclosure information should only be requested for those shortlisted and considered and assessed at the point of conditional offer.

5 NIACRO recommends that the NIFRS consider implementing this process and reference the practice within the body of the Policy. NIACRO can provide more training and information on this process if necessary. 2. Level of AccessNI check to be requested Paragraph 1.5 of the Policy makes reference to Standards and Enhanced Disclosure checks. The Policy should clearly specify which relevant legislation applies to positions within the NIFRS. Namely : the Rehabilitation of Offenders (NIO Order 1978; or the Rehabilitation of Offenders (Exceptions) Order (NI) 1979 (amended 1987, 2001, 2003, 2009 and 2012) and associated Safeguarding Vulnerable Groups (NI) Order 2007 (amended 2012) For all positions, the NIFRS should make clear as early as possible in the job application process which level of Disclosure check will be requested with reference to specific legislation referenced above. 3. Training for those applying the policy We welcome the statement in 1.9 of the Policy that all those in the NIFRS who are involved in the recruitment process have been suitably trained to identify and assess the relevance and circumstances of Disclosure information. NIACRO recommends that senior managers and line managers also undertake training to fully understand the various legislative requirements regarding disclosure of criminal records and their responsibilities regarding the legislation and data protection requirements. As referenced in Section 1 of this response document, NIACRO can facilitate such training for relevant staff as required. 4. Reference to Niacro Advice Line NIACRO welcomes the inclusion of the organisation s advice line number in the legislative guidance for applicants. While callers have accessed this service in the past in relation to the NIFRS recruitment process, we have experienced difficulties in attempting to contact Human Resources within the NIFRS regarding queries raised by advice line callers. We have also experienced difficulties obtaining clarification from the NIFRS Human Resources department who were resistant to engaging with us regarding particular issues. We hope that in the future we can work with the NIFRS more constructively to resolve / clarify any issues arising from advice line calls. 4. Any further comments?

6 The Review of the Criminal Records Regime in Northern Ireland was conducted in 2011 and NIACRO welcomed the majority of recommendations in Part 1, which included proposals to tighten the criminal records process, specifically focusing on eligibility to apply, portability and the management of disclosure certificates by employers. Given the difficulties for both employers and applicants regarding the disclosure process, NIACRO welcomes the opportunity to provide further advice and training to the NIFRS regarding the implementation of its revised policy on the Recruitment of People with Convictions to ensure the process is safe and fair for all concerned. Optional information (you are not required to give this but it is helpful to the HR Policy Officer, for forwarding consultation feedback): Name: Location: Role: Date: Please return to Stephanie Kelly, HR Policy Officer at or in hard copy to Stephanie Kelly, HR Policy Unit, HR Department, Fire & Rescue Service Headquarters, 1 Seymour Street, Lisburn BT27 4SX

7 Main groups recognised under Section 75 statutory equality duties Religious belief Protestants, Catholics, people of other Christian denominations, people of other religious faiths, people of no religious belief. Political opinion Racial group Men & Women generally Marital status Age Persons with a disability Persons with dependants Sexual orientation Unionists generally, Nationalists generally, other political ideologies. Members/supporters of any political party. For example white people, Chinese, Irish Travellers, Indians, Pakistanis, Bangladeshis, Black Africans, Black Caribbean people, people with mixed ethnic group. Men (including boys), women (including girls), transgendered people. Married people, unmarried people, divorced or separated people, widowed people. For most purposes, the main categories are, children, under 18, people ages between 18-65, and people over 65.. Disability is defined as a physical or mental impairment, which has a substantial and long-term adverse effect on a person s ability to carry out normal day-to-day activities, as defined in Sections 1 and 2 and Schedules 1 and 2 of the Disability Discrimination Act Persons with personal responsibility for the care of a child; persons with personal responsibility for the care of a person with an incapacitating disability; persons with personal responsibility for the care of a dependant elderly person. People who are heterosexual, bisexual, gay or lesbian.