Devolve equalities law, women’s advisory council says

Equality legislation and policy should be fully devolved to Scotland, a government advisory group has concluded.

The National Advisory Council of Women and Girls (NACWG), set up in 2017, said handing the power to the Scottish Parliament would “support the creation of a systemic intersectional gender architecture”.

It has encouraged the Scottish Government to advocate for devolution through existing inter-governmental mechanisms.

Legislation on equality is currently reserved to Westminster, except for the application of equal opportunities within Scottish public authorities.

The NACWG said enabling Scotland to shape distinct equality law would allow it to require public bodies to involve communities in decisions, as well as to establish an equalities regulator.

Co-chair Louise Macdonald said: “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.”

Other recommendations included in the group’s 2020 report are to integrate gender budget analysis with the annual Scottish Budget, create an equality review body in the Scottish Parliament to scrutinise parliamentary business, and for the Scottish Human Rights Commission to appoint a women’s rights commissioner.

The NACWG was set up by Nicola Sturgeon to recommend solutions to gender inequality. It was established for an initial three-year term and has produced three annual reports. 

The First Minister has previously accepted all recommendations made by the group. She will address the NACWG virtually on Wednesday about its latest report.