1.2 Review and Extension of the Race Equality Scheme – 2010-11
The BBC first re-developed this Scheme in 2007 and was due to undertake a three-year review of the Race Equality Scheme during 2009-10. The BBC had committed to develop a single plan which would replace its three equality schemes (including the Race Equality Scheme) and respond to any new responsibilities under the new public sector equality duty set out in the Equality Bill. However, the BBC decided to review its existing equality schemes (including the Race Equality Scheme) and extend each one for a period of 12 months – up until the point at which it is expected that the new public sector equality duty will come into force. The BBC is keen to understand in full its duties under the new legislation, particularly as it understands its responsibilities will change and that the new duty will apply to more of its activities. This document represents a Race Equality Scheme document which has been reviewed and extended for 12 months. This process has involved reviewing each of the objectives and actions on the basis of progress, evidence gathered to date, involvement and consultation. It also contains progress reporting for the third year of the RES and an update of the substantive document.
The BBC will develop a single plan on the breadth of its equality and diversity commitments and activity. This Corporate Equality and Diversity Plan will be developed to respond to the new equality duty, to be published by 1 April 2011. This plan will enable the organisation to communicate more effectively how it is:
Meeting new legal requirements in the shape of a new equality duty
Keeping diverse audiences, including people from different ethnic and cultural groups, at the heart of everything the BBC does
Presenting a positive and coherent picture of the complete range of the BBC’s equality and diversity activity
The BBC has reported annually against this Scheme during the last three years. Summaries of performance during years 1 and 2 of the equality schemes including the Race Equality Scheme can be found at http://www.bbc.co.uk/aboutthebbc/policies/diversity.shtml A summary of performance in year 3 is contained later in this document in section 5.4.
1.3 Application of the Race Equality Scheme to Northern Ireland, the Channel Islands and the Isle of Man
The equality duties do not legally apply where the BBC is exercising public functions outside Great Britain. However, it has been determined that, so far as is practicable, the BBC will voluntarily apply standards which are substantially similar to the equality duties when exercising its public functions across the United Kingdom, in the Channel Islands and in the Isle of Man.
2 The Race Equality Duty 2.1 The Race Relations Amendment Act 2000 (RRAA)
The Race Relations Act (1976) was amended in 2000 so as to require public authorities to fulfil a Race Equality Duty known as the General Duty. This Duty encompasses requirements:
To eliminate unlawful racial discrimination
To promote equality of opportunity between persons of different racial groups
To promote good relations between persons of different racial groups
As well as the general statutory duty to promote race equality, certain public authorities are also bound by specific duties. The specific duties are set out in the Race Relations Act 1976 (Statutory Duties) Order 2001 (“the Regulations”). One of these specific duties requires public authorities to prepare and publish a race equality scheme which should explain how the public authority will meet both their general and their specific duties under section 71 (1) of the Race Relations Act.
The Race Equality Duty applies to the BBC “in respect of its public functions” (Schedule 1A to the Race Relations Act 1976 and Schedule 1 to the Regulations). This means that not all functions of the BBC are subject to the requirement to fulfil the Race Equality Duty.
The BBC believes that the correct approach to defining its public functions is to look at the nature of the function involved rather than the nature of the body carrying out the function or the nature of its funding. For this reason, regulatory functions are likely to be public functions, whereas the BBC’s output-related activities (for example newsgathering and programme-making) are not.
The application of general principles of this type to specific situations involves detailed analysis which it would not be appropriate to set out in this document. However, the result of the analysis which has been carried out – that is, a definition of those functions of the BBC which are considered to be public functions – is set out in the Annex to this Scheme.
Section 3 of this Scheme sets out what the BBC already does or intends to do in order to fulfil the Race Equality Duty in respect of each of these functions.
In addition, section 6 sets out the BBC’s broader approach to promoting race equality in the wider context of the BBC’s Diversity Strategy. Various specific actions and targeted initiatives are detailed as well as examples of more long-standing and routine good practice across the BBC. Although these are not requirements under the Race Equality Duty, they demonstrate the BBC’s positive and inclusive approach towards people who belong to different ethnic groups or cultural backgrounds, as employees, audiences and TV licence fee payers.
3 The BBC’s Race Equality Scheme
The BBC’s Race Equality Scheme forms a part of the BBC’s overall commitment to equality and diversity. The Scheme outlines the framework which the BBC uses to systematically assess or reassess (see section 4.1) its public functions and policies in respect of race equality. It also shows how the BBC will now develop, implement, monitor and review its work towards achieving equality for people who belong to different ethnic and cultural groups, in relation to the BBC’s relevant public functions. The Scheme is a tool to help promote race equality at the centre of the BBC’s work and specifically across relevant areas such as TV licensing, digital switchover (including the Help Scheme) and the BBC Trust’s operations.
The Race Equality Scheme aims to build on a strong foundation of existing good practice and expertise. The BBC has always sought to address any identified gaps and barriers to delivering fair, accessible and appropriate services. It has also sought to protect the rights of people from different ethnic and cultural groups both at work and in the wider community and to engage with them in order to understand their concerns and meet their needs wherever possible. This Scheme, therefore, aims to ensure full compliance with the General Duty with regard to the BBC’s public functions.
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