Annex 7: Terms of Reference of the Commissioner Working Group on the Measurement Framework and Related Matters

Version Control Note

Commissioner working group on the Quinquennial Review established and terms of reference agreed by the Board at its meeting of 1 July 2014

Amendments agreed by the Board at its meeting of 19 November 2014 to change the name of the working group to Commissioner Working Group on "Is Britain Fairer? 2015”and to clarify its geographical scope.

With publication of Is Britain Fairer, the Group’s role changed and revised terms of reference for a Commissioner Working Group on the Measurement Framework and related matters were agreed by the Board at its meeting of 23 January 2017.

These terms of reference will be reviewed after publication of the measurement Framework (expected October 2017)

Purpose

  1. The Commission has a statutory requirement to report every five years to Parliament on progress in society towards equality and human rights in Great Britain, including human rights matters for which the Scottish Parliament has legislative competence, subject to the consent of the Scottish Human Rights Commission. The statutory requirement is set out in section 12 of the Equality Act 2006 (as amended by the Enterprise and Regulatory Reform Act 2013). [See End note for full legal wording].
  1. To fulfil this duty, the Commission uses measurement frameworks to monitor and evaluate progress across England, Scotland and Wales.
  1. Consistent and systematic monitoring and reporting on progress is instrumental to the functioning of the Commission, providing a robust evidence base for defining and fulfilling its strategic priorities. The ongoing collection and analysis of evidence furthermore provides the Commission with the latest evidence on key issues, informing and enabling briefings, project work, communications and interventions.

Responsibilities

  1. The Board has delegated to the Working Group the responsibility to:

a)Provide strategic direction and oversight of the review of the measurement frameworks.

b)Shape strategic choices towards planning the 2020 Quinquennial Review.

c)Provide constructive challenge and advice on the Measurement Framework, the Quinquennial Review and related matters.

d)Participate in engagement activities with a variety of stakeholders.

  1. The EHRC’s Board may vary, revoke or add to these delegations.

Accountabilities

  1. The EHRC’s Board remains responsible for all of its functions under the Equality Act 2006, even those delegated to a Working Group, Commissioner, or a member of staff.
  1. Where the Working Group is concerned that a decision is outside its Terms of Reference, or has significant strategic or reputational implications or risks, then it may refer such a matter to the EHRC Board, in consultation with the EHRC’s Chair and Chief Executive.
  1. The Working Group must engage the Statutory Committees for Scotland, Wales and Disability in this work, and consult them where their decisions relate to issues that fall within their respective mandates.
  1. The minutes of Working Group meetings will be recorded by the Secretariat and shared with the EHRC Board, Statutory Committees and the Executive Leadership Team (ELT).

Membership

  1. The Working Group consists of serving members of the EHRC's Board.

a)Chris Holmes (to January 2017)

b)Swaran Singh

c)Sarah Veale

d)Lorna McGregor

e)June Milligan

f)Lesley Sawers

The Group may co-opt other members from the Board to augment this membership or replace members who stand down.

  1. To be quorate, at least 2 Commissioners must be present.
  1. The Working Group may nominate a Chair from its membership, or alternatively operate a rotating system.

Attendance

  1. The lead officer for the Working Group will be the Executive Director of Strategy and Policy.
  1. The Secretariat for the Working Group will be provided by the Research and Intelligence Directorate.
  1. The following will receive a standing invitation to attend meetings of the Working Group:

a)Executive Director Strategy and Policy

b)Director of Research and Intelligence

c)Head of Research

d)Director of Communications

e)National Director of Wales or Scotland (can be alternating)

  1. The Working Group may in discussion with the Executive Director of Strategy and Policy, extend an invitation for other EHRC officers, stakeholders or experts to attend its meetings, as appropriate.

Working methods

  1. The Working Group will convene when appropriate (but no more than four times a year) at the EHRC’s offices.
  1. The Secretariat will email the agenda and papers to the Working Group at least one week in advance of the meeting.
  1. The Secretariat will minute each meeting, and coordinate communication between the Working Group, EHRC staff, Commissioners and Statutory Committee members and external stakeholders, as appropriate.
  1. Commissioners will be notified in advance when they are asked to approve external submissions. Commissioner approval will be sought at the Working Group meetings. On occasion, sign off via email may be requested where Commission submissions and Working Group meetings cannot easily be aligned.

Conflict of interest

  1. Any Commissioner or attendee who becomes aware of a potential conflict of interest relating to matters to be discussed by the Working Group must give prior notification to the Secretariat. If this is not possible, or if the conflict only becomes apparent at the meeting, they should declare this at the meeting and, where necessary, withdraw during discussion of the relevant agenda item.
  1. Declaration of interest will be a standing item on the Working Group agenda.

End Note

Section 12 of the Equality Act 2006: Monitoring progress (as amended by the Enterprise and Regulatory Reform Act 2013) lays out our statutory responsibility. In summary, we discharge this duty by using our Measurement Framework and associated indicators to report on progress towards equality and human rights in Britain.

1. The Commission shall from time to time identify –

(a) changes in society that have occurred or are expected to occur and are relevant to the aim specified in sections 8 and 9*,

(b) results at which to aim for the purpose of encouraging and supporting the development of the society described in sections 8 and 9 (“outcomes”), and

(c) factors by reference to which progress towards those results may be measured (“indicators”).

2. In identifying outcomes and indicators the Commission shall –

(a) consult such persons having knowledge or experience relevant to the Commission's functions as the Commission thinks appropriate,

(b) consult such other persons as the Commission thinks appropriate,

(c) issue a general invitation to make representations, in a manner likely in the Commission's opinion to bring the invitation to the attention of as large a class of persons who may wish to make representations as is reasonably practicable, and

(d) take account of any representations made.

3.The Commission shall from time to time monitor progress towards each identified outcome by reference to any relevant identified indicator.

4. The Commission shall publish a report on progress towards the identified outcomes by reference to the identified indicators –

(a) within the period of three years beginning with the date on which this section comes into force, and

(b) within each period of **five years beginning with the date on which a report is published under this subsection.

5. The Commission shall send each report to the [Minister], who shall lay a copy before Parliament.

*The Enterprise and Regulatory Reform Act 2013 amended the Commission's duty in section 12 of the Equality Act 2006, to monitor and report on progress towards the aim set out in the general duty in section 3 of the Act, under which the Commission produced its Triennial Review in 2010. Instead, the Commission is required to report on progress which is relevant to its specific equality and human rights functions (in sections 8 and 9 of the Act).

**The government extended the reporting cycle from three to five years.

EHRC Governance Framework – Annex 7: CWG Measurement Framework ToR1