Combined Impact Assessment for Equalities, Future Generations and Welsh Language - Combined Impact Assessment for Equalities ...
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July 2019 DRAFT Combined Impact Assessment for Equalities, Future Generations and Welsh Language Name of policy, strategy, project, programme or scheme – the Proposal Investment Review 2020 – Appeal Process New: Update to existing version: Team/ Department: Investment Review Project Group Person(s) undertaking the assessment: Angela Thomas Date of Assessment: 8 August 2019
Introduction The purpose of this Combined Impact Assessment (CIA) is to ensure that the policies and strategies that we develop promote the Arts Council’s overall priorities. In this case this means Equalities, Welsh language, and the 7 Well-being goals of the Future Generations Act (WFGA). The CIA contributes to effective policy making by encouraging us to think about the impact and consequences of our work. By specifically addressing these issues at the earliest planning stage, we’re more likely to develop proposals that best meet Council’s priorities. And if this process identifies issues or problems, we have the opportunity to take mitigating action to put things right. This helps us to meet our requirements under the Equality Act 2010, Welsh Language Measure 2011 and Well-being of Future Generations Act. Throughout this document we use the word ‘Proposal’ to refer to what we are assessing. In this context, this term includes strategies, projects, policies, programmes and initiatives, including both new and any existing that are undergoing significant change/update. Please respond to the following questions, providing appropriate levels of detail. 1. What are the main aims/purposes/outcomes of the Proposal? During 2020 we will be undertaking our periodic Investment Review. As a result we will be announcing our future core funding to key organisations across Wales. It is likely that there will be changes in the levels of funding that we offer, and also to the organisations that we support as part of the Arts Portfolio Wales. It is possible that there will be organisations who will see the level of funding increased or reduced, or discontinued, whilst other organisations we have not funded before may now receive revenue funding, as a result of their application. In this document we explain the right of appeal, and associated procedure, available to any organisation that is dissatisfied with our funding decision. This Appeal Procedure applies only to the Investment Review 2020. For complaints about any other matter, please refer to the standard procedures outlined in “Making a Complaint.” This document is available on our website. 2. Who is affected by the Proposal or who is intended to benefit from the Proposal and how? Any organisation who is deemed eligible for application for funding under the terms of the Investment Review 2020, either in their own right or as part of a collaborative application with another organisation(s). 2
3. Have affected parties been engaged/consulted on the Proposal? This Appeals Process has been created specifically for the Investment Review 2020 only and does not replace or update any existing procedure. In consideration that the last Appeal Process was for Investment Review 2015 and therefore pre-dating Well-being of Future Generations Act, this proposal and associated Combined Impact Assessment (CIA) will undergo a public consultation process at the same time as the Terms of Reference for the Investment Review 2020. Final versions of the Policy and this CIA will be approved by Council and published on our website at the time applications go ‘live.’ All eligible organisations will be made aware of its existence and purpose, and its availability to them as a potential course of action. 4. What is being done to limit any negative impact or promote positive impact on protected groups, Welsh language and Future Generation goals? Please complete the table in Appendix 1. If adjustments are identified please list in the Actions Template at Appendix 2 Please refer to Appendix 1 and 2 5. How will the Proposal help promote equality, eliminate discrimination and promote good relations? The proposal focuses only on the Appeal process undertaken by Arts Council of Wales in considering the submission made by eligible organisations, irrespective of who the submission is from or the quality of the submission itself, and then only if any of the elements described in Section 2.7 of the proposal can be demonstrated. The proposal document will be applied consistently to all eligible organisations that are in the process of appeal. No significant potential differential impact has been identified. There are however, some minor differential impacts, both positive and negative. These are evidenced through the considerations outlined in the attached appendices. Combined Impact Assessment Approved by: Date of Approval 3
Appendix 1 Assessment of Impact and Strengthening This section asks you to assess the impact of the Proposal on each of the protected groups, the Welsh language and well-being goals of the Future Generations Act. Using the information available identify the effects of this Proposal on the following groups Please indicate potential impact + - How is this category affected How could you limit the How can you promote positive negative No and what is the evidence of negative impact? positive impact? impact impact impact this? Age No The proposal focuses only N/A N/A (across the impact on the process undertaken whole age by Arts Council of Wales in spectrum) considering the submission, irrespective of who the submission is from or the quality of the submission itself, and then only if any of the elements described in Section 2.7 of the policy can be demonstrated. The policy document will be applied consistently to all eligible organisations that are in the process of appeal and no potential differential impact has been identified. 4
+ - How is this category affected How could you limit the How can you promote positive negative No and what is the evidence of negative impact? positive impact? impact impact impact this? Disability Negative a) Section 3.1 of the The published document impact policy states that an will state that any appeal must be representative of the made on the organisation appealing accompanying may complete the form, Appeal Form. providing the completed form carries evidence of endorsement by a senior staff representative of the organisation and the Chair of the Board or senior member of the management body that oversees the work of the organisation. Arts Council of Wales will accept the form in alternative formats as per standard procedures, and we include a statement of this fact. With reference to 6.6 of the policy, we also clarify that any individual(s) solely providing communication 5
+ - How is this category affected How could you limit the How can you promote positive negative No and what is the evidence of negative impact? positive impact? impact impact impact this? Disability support during the meeting will not be counted as one of the two representatives allowed at the hearing. When arranging Appeal b) The venue for the hearings we will strive to Appeal hearing may ensure the location and not be within a timing of the hearing is reasonable travel convenient for all parties distance for the with regard to travel and representatives of theaccessibility considerations. organisation We will include the appealing. consideration of the use of Skype facilities as an alternative. Gender Negative Applicants / Panel Members The Arts Council of Wales N/A Reassignment impact may feel intimidated should will strive to ensure a mix of the other party consist of men and women on the only one gender Appeal Panel Marriage and No Please refer to comment N/A N/A Civil impact under Age above. The policy Partnership document will be applied consistently to all eligible organisations that are in the process of appeal and no 6
+ - How is this category affected How could you limit the How can you promote positive negative No and what is the evidence of negative impact? positive impact? impact impact impact this? Marriage and potential differential impact Civil Partnership has been identified. Pregnancy No As above. The policy N/A N/A and Maternity impact document will be applied consistently to all eligible organisations that are in the process of appeal and no potential differential impact has been identified. Race No As above. The policy N/A N/A impact document will be applied consistently to all eligible organisations that are in the process of appeal and no potential differential impact has been identified. Religion / No Meetings dates of Appeal N/A N/A Belief impact hearings are always checked for convenience with all attendees prior to finalising arrangements, so should not clash with any religious festivals or similar. Sex Negative Applicants / Panel Members The Arts Council of Wales N/A impact may feel intimidated should will strive to ensure a mix of the other party consist of men and women on the only one gender Appeal Pane 7
+ - How is this category affected How could you limit the How can you promote positive negative No and what is the evidence of negative impact? positive impact? impact impact impact this? Sexual No The policy document will be N/A N/A Orientation impact applied consistently to all eligible organisations that are in the process of appeal and no potential differential impact has been identified. Culture and Postive The organisations would be We will ensure our Welsh impact offered the opportunity to commitment to the Welsh Language conduct all aspects of the Language and this appeal in the language of opportunity are clear in their choice at no additional our published version and costs to themselves. The Arts will encourage Council will provide full organisations to opt for professional translation their language of choice. services as appropriate. We will also strive to ensure the independent reviewers and panel also include welsh speakers. Community Negative The venue for the Appeal When arranging Appeal (including impact hearing may not be within a hearings we will strive to rurality) reasonable travel distance ensure the location and for the representatives of the timing of the hearing is organisation appealing. convenient for all parties with regard to travel and accessibility considerations. We will include 8
+ - How is this category affected How could you limit the How can you promote positive negative No and what is the evidence of negative impact? positive impact? impact impact impact this? Community consideration of the use of (including rurality) Skype facilities as an alternative. Global Negative a) Representatives of the When arranging Appeal (use of natural impact organisation and hearings we will strive to resources, fair Appeal Hearing ensure the location and trade/ethical employment Panel Members may timing of the hearing is and incur significant out convenient for all parties procurement) of pocket travel with regard to travel and expenses as a result accessibility considerations. of attending the Skype may be considered hearing as an alternative b) Panel Members who Individual circumstances of may be self employed each Panel Member will be could lose potential considered and addressed income opportunities when the final Panel as a result of Members are known. assisting Appeals Where appropriate, the process as Panel Arts Council has policy for Member making per diem payments when circumstances are considered appropriate to do so. 9
+ - How is this category affected How could you limit the How can you promote positive negative No and what is the evidence of negative impact? positive impact? impact impact impact this? Health Negative The timing and venue for When arranging Appeal impact the Appeal hearing may not hearings we will strive to be convenient for the ensure the location and representatives of the timing of the hearing is organisation appealing on convenient for all parties grounds of health with regard to health considerations. considerations. Skype may be considered as an alternative. Prosperity Postive Please refer to comments (including impact under Global above. Whilst sustainability , we will endeavour to financial stability address and/or reduce and career development/ potential loss of personal opportunity) income of representatives attending Appeal Hearings, it would be inappropriate for attendees to benefit from personal financial gain as a result of attending an Appeal Hearing, other than to address loss of income that would have otherwise be incurred. However, as a result of a This may allow increased successful Appeal and / continued arts activity for 10
+ - How is this category affected How could you limit the How can you promote positive negative No and what is the evidence of negative impact? positive impact? impact impact impact this? Prosperity subsequent participants and (including receipt/reinstatement of core audiences by the sustainability , funding, an organisation organisation within the financial may become or remain locality and sector it stability and financially stable and serves. However, should career development/ sustainable an organisation not be opportunity) successful in its appeal, we will highlight other funding options that may be available to them to apply to (e.g. Lottery Programmes) Resilience Negative The venue for the Appeal When arranging Appeal (natural impact hearing may not be within a hearings we will strive to environment reasonable travel distance ensure the location and including greenhouse for the representatives of the timing of the hearing is gases and organisation appealing. convenient for all parties carbon footprint with regard to travel and accessibility considerations. Skype may be considered as an alternative. 11
Appendix 2 Actions identified through this Assessment When you create an action you must make sure it can be delivered. You need to discuss the action with the Officer who will lead on its delivery (if it is not you). Ensure you agree the timescale, as well as how it will be resourced, delivered and monitored. This must be done before the Impact Assessment and associated proposal is approved. Issue Action/Task Lead Timescale Resource Comments Responsibility Implications An organisation Ensure published Director Arts Prior to Current draft guidelines must appeal using guidance include: Funding March 2020 address this requirement the specific • provision for (Application template supplied anyone to complete live date) template on behalf of the organisation, providing it is signed off at senior level within the organisation • Arts Council of Wales will accept the form in alternative formats • clarify that any individual(s) solely providing communication support during the meeting will not be 12
Issue Action/Task Lead Timescale Resource Comments Responsibility Implications counted as one of the two representatives allowed at the hearing The venue for the When arranging Director Finance Prior to 5 Subject to any appeal Appeal hearing Appeal hearings we and Business Nov 2020 (or being successful at stage 1 may not be within a will strive to ensure the Services deadline for – Initial consideration reasonable travel location and timing of receipt of distance for the the hearing is Independent representatives of convenient for all Reviewer the organisation parties with regard to decision if appealing. travel and accessibility amended) considerations. Skype may be considered as an alternative Applicants / Panel The Arts Council of Director Finance Prior to 5 Subject to any appeal Members may feel Wales will strive to and Business Nov 2020 (or being successful at stage 1 intimidated should ensure a mix of men Services deadline for – Initial consideration the other party and women on the receipt of consist of only one Appeal Panel Independent gender Reviewer decision if amended) The organisations We will include this in Director Finance Prior to 5 External translator Subject to any appeal would be offered our published and Business Nov 2020 (or being successful at stage 1 the opportunity to guidance and strive to Services deadline for – Initial consideration conduct all aspects ensure the independent receipt of of the appeal in the reviewers and panel Independent 13
Issue Action/Task Lead Timescale Resource Comments Responsibility Implications language of their also include welsh Reviewer choice at no speakers. decision if additional costs to amended) themselves. Representatives of When arranging Director Finance Prior to 3 Dec Subject to any appeal the organisation Appeal hearings we and Business (or deadline being successful at stage 1 and Appeal will strive to ensure the Services for Panel to – Initial consideration Hearing Panel location and timing of hear appeals Members may incur the hearing is if amended) significant out of convenient for all pocket travel parties with regard to expenses as a result travel and accessibility of attending the considerations. Skype hearing may be considered as an alternative Panel Members Individual Director Finance Prior to 3 Dec Subject to any appeal who may be self circumstances of each and Business (or deadline being successful at stage 1 employed could Panel Member will be Services for Panel to – Initial consideration lose potential considered and hear appeals income addressed when the if amended) opportunities as a final Panel Members result of assisting are known. Where Appeals process as appropriate, the Arts Panel Member Council has policy for making per diem payments when circumstances are considered appropriate to do so. 14
Issue Action/Task Lead Timescale Resource Comments Responsibility Implications The timing and When arranging Director Finance Prior to 3 Dec Subject to any appeal venue for the Appeal hearings we and Business (or deadline being successful at stage 1 Appeal hearing will strive to ensure the Services for Panel to – Initial consideration may not be location and timing of hear appeals convenient for the the hearing is if amended) representatives of convenient for all the organisation parties with regard to appealing on health considerations. grounds of health Skype may be considerations. considered as an alternative How will these be monitored? Via the Arts Portfolio Wales Project Group and through review for progress at monthly SLT meetings as part of Management Information review How and where will this be published? Via our website. The final CIA published post consultation along with the Terms of Reference and associated guidelines and templates 15
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