Emplazamiento Arquitectónico

of achieving zero-carbon homes by 2016, what

is the Scottish Government’s role in achieving

EQUAL OPPORTUNITIES

Current position

4.31 Equal opportunities is largely

reserved to Westminster. There are two exceptions which enable

Scottish Ministers to:

• encourage equal opportunities • place duties on Scottish public

bodies, and cross-border bodies with responsibility for devolved matters, requiring them to make arrangements to ensure they are operating within the law

4.32Since devolution, Scottish Ministers have used these responsibilities to advance equality in Scotland. It has also been possible to pursue

different policies within the context of the legal framework. For example, equality provisions have been

incorporated into Scottish legislation on housing, education and local government. The Scottish Parliament has introduced legislation on hate crime. The Scottish Government’s policy on improving community relations with asylum seekers differs from that of the United Kingdom Government. Scottish Ministers have placed a duty on Scottish public authorities to report on equal pay.

4.33The Equality and Human Rights Commission is a United Kingdom body operating in Scotland with a Scotland Committee and Scottish Commissioner. It is a statutory body with responsibility for equality and human rights, but only reserved human rights matters in Scotland. The Scottish Human Rights

Commission has responsibility for devolved human rights matters.

Equality recommendations of the Commission on Scottish Devolution

4.34The Commission did not recommend new arrangements. However, the Commission’s recommendation that the Scottish and United Kingdom Parliaments discuss and agree common social rights could potentially include reference to equality.

Full devolution

4.35Evidence to the Commission advocated devolution of equal opportunities, as responsibility for equality legislation should not be separate from key devolved policies such as health, education, housing, family law, mental health, local government and justice. There are particular differences in Scotland’s demographics and geography and its experience of discrimination and

an equal, equitable Scotland in which racial

equality is maintained?

as it applied to devolved matters. Equality legislation passed in Scotland would not apply to reserved matters such as

employment, and consideration would need to be given to areas where there are reserved and devolved responsibilities, such as transport.

Independence

4.36Scotland is an increasingly diverse nation and its people have differing needs and experiences. Taking

responsibility for equal opportunities within an independent Scotland would allow equality legislation to be promoted and enforced. Equality legislation would be developed in the Scottish policy context and to ensure coherence with legislation in other areas such as health, education and housing. In an independent Scotland, it would be possible to establish clear lines of accountability, and to determine distinct mechanisms for securing, promotion and enforcement of equal opportunities.

4.37To follow international best practice in equal opportunities Scotland would continue current United

Kingdom commitments to European legislation and a range of International conventions such as the UN

Convention on the Elimination of Discrimination against Women (CEDAW) and the UN Convention on the Rights of Disabled People. With independence, Scotland could implement the requirements of these conventions taking account of the

4.38Under the current devolution settlement the major tools to

promote a socially just society remain reserved to the United Kingdom. While it would be possible to devolve to Scotland responsibility for aspects of the benefits system, or a role in United Kingdom policies, full devolution would require

Scotland to take responsibility for its finances and its taxation system to ensure an integrated approach to those requiring support. The

recommendations of the Commission on Scottish Devolution fall far short of this level of competence for Scotland. 4.39With independence Scotland could

address the needs of all in society, combining reliable and transparent support from benefits with

opportunities for training, support for housing and child care, and

taxation incentives integrated within an overall system that did not impose financial barriers to those returning to work. Scotland could also ensure that it took account of the diverse needs of its population, promoted equality and addressed the barriers which prevent people from playing a full role in society, that its most vulnerable groups, and those suffering discrimination, received protection and that international standards for equality were upheld.

OVERVIEW

5.1 Scotland’s natural heritage enhances the lives of the people of Scotland and supports tourism, agriculture, fishing and aquaculture. The first decade of devolution has seen legislation on climate change, improving the environment and tackling flooding. Scotland has developed an approach to national parks, land reform and nature conservation designed for Scottish circumstances, and distinct from approaches in the rest of the United Kingdom.

5.2 Scotland could play a leading role in addressing the challenge of climate change and meeting European targets for renewable energy through its potential in wind, tide and wave power. Scotland’s remaining reserves of oil and gas support an infrastructure and

technical expertise that could play a leading role in the development of future low-carbon technologies, as well as providing capital to invest in developing renewables technology.

5.3 Major policy areas of energy, transport regulation and waste remain reserved. Many

environmental, agriculture and fishing matters are the subject of international, particularly European Union agreement, where Scotland has no voice outwith the policies of the United Kingdom Government. 5.4 Further devolution could provide

Scotland with mechanisms to develop its potential, for example responsibility for regulation of the marine environment could allow Scotland to encourage offshore renewables and carbon capture and storage technology. However, the need to work internationally, and the central role of the European Union in environmental matters, means that only independence would allow Scotland to make a full contribution and make the best use of its

experience and potential.

CHAPTER 5