Annex 2: Wales Committee Terms of reference
Version control note.
These terms of reference were agreed by the Board at its meeting of 31 January 2013.
1.0Statutory basis
1.1In accordance with the provisions of Schedule 1 Part 2 Paragraph 24 of the Equality Act 2006 (‘the Act’), the Equality and Human Rights Commission (‘the EHRC’) has established the Wales Committee (‘the Committee’) as a decision-making committee.
2.0Functions
2.1The Committee has the following delegated decision-making powers by virtue of the Act.
2.1.1Statutory functions
2.1.1.1To exercise the EHRC’s general powers in respect of activities listed in Section 13 (information and advice) i.e. undertake activities such as publishing, disseminating ideas, information, giving advice and guidance, undertaking research and providing education or training) (Paragraph 29(1)), in so far as in the opinion of the Commission it affects Wales. This is subject to the exclusions set out in the Act relating to disability matters delegated to the Disability Committee and the provision of advice or guidance on a Great Britain wide basis by the EHRC.
2.1.1.2To exercise the EHRC’s power in Section 11(2)(c) and (d) (i.e. monitoring the law) to give advice to the Welsh Government and National Assembly for Wales in respect of law, including the likely effect of proposed changes to laws, which in the opinion of the Commission, affects Wales (Paragraph 30(1) and (2)). This is subject to the exclusions set out in the Act relating to disability matters delegated to the Disability Committee.
2.1.1.3These delegations exclude matters relating to disability which have been delegated to the Disability Committee under Paragraph 52 Part 5 of Schedule 1 (Paragraph 29(1)) and Paragraph 52 Part 5 of Schedule 1 (Paragraph 30(3)).
2.1.1.4Notwithstanding the delegation of Section 13 (contained in Paragraph 29(1)) the Commission may make arrangements under Section 13(1) (d) or (3) to provide advice or guidance on a Great Britain wide basis (Paragraph 29(3)).
2.1.2Advisory
2.1.2.1To advise the EHRC about the exercise of its functions in so far as they affect Wales (Paragraph 27).
2.1.3Responding to consultation
2.1.3.1Where the Committee deems appropriate, to respond to consultation by the EHRC carried out in accordance with Paragraph 28 Schedule 1 of the Act.
2.1.3.2Where the Committee deems appropriate, to respond to consultation by the Disability Committee carried out in accordance with Paragraph 52(5) of Schedule 1,before exercising a power in relation to matters in Paragraph 2.1.1, that has been delegated to the Disability Committee, in so far as they affect Wales.
3.0Delegation
3.1The Committee may delegate the discharge of specific functions to the Chief Executive or the National Director for Wales.
3.2Upon such delegation, the Chief Executive or the National Director may if they deem it appropriate make arrangements for the carrying out of any such delegation.
3.3Specific delegations
3.3.1The Committee delegates authority to the Chief Executive to receive and respond to consultation from the EHRC, subject to reserving to itself responses relating to the following:
-issues of strategic importance as identified in the Wales Business Plan from time to time including any amendments to it
-other matters that the Committee specifically requests to be referred to it.
4.0Delegation to Chair of the Committee
4.1Chair’s action
4.2Without prejudice to Paragraph 3, the Committee delegates authority to the Chair to take urgent action on any matter, which falls within the remit of the Committee, in consultation with the Chief Executive. The Chief Executive will bring the matter to the attention of the Chair of the EHRC where he/she deems it appropriate.
4.3Any Chair’s action report shall set out the reasons for the urgency.
4.4Where the Chair is of the view that an urgent matter should nevertheless be decided on by the Committee, a report shall be circulated to all members of the Committee, for their consideration and decision by electronic form.
4.5Any delegation granted under Paragraphs 3 and 4 may be withdrawn at anytime whether temporarily or permanently by the Committee upon giving reasonable notice.
5.0Membership
5.1Chair of the Commission
5.1.1The Chair of the Commission shall be a member of the Wales Committee ex officio.
5.2Chair
5.2.1The Commissioner for Wales shall chair the Wales Committee.
5.2.2The Committee may appoint a deputy Chair amongst its membership to act in the absence of the Chair.
5.3Members
5.3.1 Subject to paragraph 34 of Schedule 1 to the Act, the Committee shall be made up of between seven and nine members.
5.3.2The Committee must nominate one of its members to be a member of the Disability Committee.
5.4Quorum
5.4.1To be quorate, at least three members of the Committee must be present at meetings.
5.4.2In the event that there is no quorum after 15 minutes of the schedule start time, the meeting shall be adjourned and any remaining business postponed to the next ordinary meeting of the committee, unless an extra ordinary meeting is called in the intervening period.
6.0Attendance at meetings
6.1The National Director for Wales shall attend the meetings of the Committee as Lead officer. The Chief Executive, who may send a representative when deemed necessary by him/her, has a standing invitation to attend the meetings of the Committee. Executive Directors and other Commission staff may attend at the invitation of the Committee.
6.2The Chief Legal Officer or his/her deputy shall attend the Committee meetings from time to time to provide legal advice and support relating to governance and statutory powers and remit of the committee.
7.0Tenure
7.1Members should serve for a period of between 2 and 5 year renewable once for a further 2 years, and subject to dismissal in accordance with the terms of appointment, or the lapsing of the appointment.
8.0Frequency of meetings
8.1The Committee will meet at least 4 times a year.
9.0Reporting procedures
9.1The minutes of the Committee shall be submitted to the Board, and published on the EHRC’s intranet and website.
9.2Annual Report – The Committee shall prepare a report on its activities for each financial year, which will be submitted to the Board for incorporation into the relevant annual report.
10.0Conduct
10.1Members of the Committee must abide by the EHRC’s Governance Framework.
10.2All members of the Committee will be given be a copy of the EHRC’s Governance Framework and any amendment/replacement.
EHRC Governance Manual - Annex 2: Wales CommitteeToR1