Scottish government advisers recommend full devolution of equality legislation and policy

Louise Macdonald

The third report from the First Minister’s National Advisory Council on Women and Girls (NACWG) argues the need for devolution through existing inter-governmental mechanisms to radically progress gender equality.

It states: “Full devolution would support the creation of a systemic intersectional gender architecture by placing the power to legislate and regulate around equality, including both anti-discrimination protections and the requirement to take steps to affirmatively advance equality.

“Distinct equality law in Scotland would enable us to tackle entrenched inequality in new ways, for example by establishing our own effective equality regulator and by requiring that public bodies involve the communities their decisions affect. This would benefit all women and girls in Scotland.”

The report also calls for the integration of “gender budget analysis” into the Scottish Budget process; the establishment of an equality-focussed review body in the Scottish Parliament; the introduction of additional requirements for listed public bodies to advance equality between protected groups; and the appointment of a human rights commissioner tasked specifically with scrutiny of Women’s Rights

Co-chair Louise Macdonald OBE said: “By speaking to communities, activists, academics, leaders of public services, and women and girls in Scotland, we have heard that the existing gender architecture – our institutions, laws and systems of decision making and accountability – is not working for them equitably.

“Decisions about how to allocate scarce public resources are still too often made as if the default human being is a white, non-disabled, straight man, rather than recognising the diversity and lived experience of Scotland’s citizens.

“Gender inequality is complex and harmful. It affects everyone - not just women and girls. That’s why we’ve proposed these systemic changes, to help pave the way for intersectional gender equality for all in Scotland, especially those who are too often ignored or forgotten within the current system.”