Introduction: Equalities and Public Policy

1.0 Equalities and Public Policy
1.1 Contemporary Developments
1.1.1 Equalities Law
1.1.2 Institutions
1.2 Why Bother About it?
1.2.1 Making the Case for Equalities
1.2.2 A 'Minority' Issue?
1.3 Equalities in a (Quasi-) Federal UK
1.4 The structure of this volume

1.0 Equalities and Public Policy

Equality of opportunity is an often misunderstood and contested concept; deeply political in nature it evokes strong reactions from proponents and opponents alike (Temkin, 1993; Freeden, 1994). It is an example of what Newman, (2001: 59) terms 'wicked issues'. These are characterised by: differing interpretations of the social problem to be addressed; the fact that the relationship between different factors is sometimes hard to assess; they span traditional policy frames; and, require collaboration between agencies in both formulating and implementing policy responses. In the face of such challenges, the Equality Act (2006, Section 3) sets out a vision of an equal society as one in which:

(a) People's ability to achieve their potential is not limited by prejudice or discrimination.

(b) There is respect for and protection of each individual's human rights.

(c) There is respect for the dignity and worth of each individual.

(d) Each individual has an equal opportunity to participate in society.

(e) There is mutual respect between groups based on understanding and valuing of diversity and on shared respect for equality and human rights.

The different dimensions to the concept of equality (see chapter 2) underpin the growing use of the term 'equalities' (Carabine, 2004; Bowes, 2006; Department for Local Government and Communities, 2007; Håkan, 2008; Carr, 2008). It is the general practice adopted in this volume for it recognises the contrasting needs and experiences of discrimination within and between diverse social groups. The following analysis therefore aims to move away from traditional approaches that have tended to treat 'gender' as a discrete policy issue. Instead, this volume aims to offer an holistic analysis; simultaneously examining gender (in)equality whilst also exploring 'equalities' 'in the round' by mapping policy developments in relation to a range of 'strands' including disability, age, faith, ethnicity, language and sexual orientation.

A vast and burgeoning literature centres on 'public policy' (e.g. Parsons, 1996; Hill, 2004; Dorey, 2005; Sabatier, 2006; Moran, Rein and Goodin, 2008; Hill and Hupe, 2008). It too is the subject of many contrasting definitions. At its simplest 'policy' can be seen as 'a course of action adopted and pursued by a government, party, ruler, states[wo]man etc; any course of action adopted as advantageous or expedient' (Hill, 1997: 6). In reality, it is often highly complex: involving a 'web of decisions'; it is something that continues to evolve after the initial decision-making; it involves implementation, adjustment and feedback; and is dynamic rather than static (Hill, 1997, op. cit.). The prefix 'public' simply refers to the fact that the state and/or state institutions are the 'owners' of a given policy and that, in consequence, it is backed by the resources and legal processes of the state. John (1998: 2) offers a more sophisticated definition that emphasises its political provenance:

Public policy seeks to explain the operation of the political system as a whole ... The policy-orientated approach looks at public decision-making from the viewpoint of what comes out of the political process ... one of the purposes of the policy-orientated approach is to sharpen up analysis of politics by examining the links between decision-makers as they negotiate and seek influence in the government system.

Analysis of public policy can therefore be seen as a way of interrogating organised activity; an approach sometimes referred to as the 'social construction perspective':

This sees policy as something that has been constructed and sustained by participants in circumstances where they are likely to have choices about which interpretive map to use, which cues to follow. It draws upon work in a wide range of social sciences ... all of which ask, 'what makes for collective action'? ... the concept of policy both explains and validates ... action: it explains what people are doing, and it makes it appropriate for them to do it. (Colebatch, 2002: 20)

In addition to social constructionism, the comparative analysis in this book also draws upon a range of analytical frameworks to explore equality policy developments (see for example, Yanow, 1999; Fischer, 2003a; Weimer and Vining, 2004; Prokhovnik, 2005; Dunn, 2007; Bardach, 2008). These focus on:

• Setting the policy agenda.

• Understanding the nature of the problem(s) to be addressed.

• Policy venues, institutions and governance (inter alia: where policy is formulated and decided upon; as well as the role of networks and institutions).

• Policy content/policy discourse (a post-empiricist, interpretive approach that examines the language of policy documents and how dominant ideas are negotiated and framed).

• Implementation (how policy ideas are operationalised through public administration with reference to instrumental analysis, i.e. how policy outcomes can be monitored, measured and assessed).

Before presenting an overview of the analysis in each chapter, attention is first placed on contemporary legal and institutional developments, and the case for promoting equalities.

1.1 Contemporary Developments

The past decade in the UK has been marked by unprecedented and wide-ranging measures to promote equality. A number of factors have led to this unparalleled focus on equalities. They include:

• Legal directives from the European Commission (e.g. age, sexual orientation and faith directives on discrimination in employment).

• The racist murder of Stephen Lawrence, the official recognition of the concept of institutional racism and the subsequent legal requirement for wholesale change in 'race' equality practices in Britain.

• The signing on 10 April 1998 of the Belfast, or 'Good Friday' Agreement, putting in place measures to end the civil conflict in Northern Ireland.

• Continued pressure on government from new social movements and others concerned with identity politics.

• The rise of Islamaphobia and communal tensions along lines of faith.

• Increasing longevity and...