Together with Electoral Reform Society we wrote to Baroness Jacqui Smith of Malvern, Minister for Women and Equalities to welcome her commitment to enacting Section 106 of the Equality Act 2010. See below for the text of the letter.
Dear Minister,
We are writing to you regarding your response to Baroness Gale’s question on the 5th March in which you confirmed that the Government is committed to enacting Section 106 of the Equality Act and has begun exploring the commencement of Section 106 provisions.
We welcome the commitment to commence Section 106 and the increased transparency it would bring over the diversity of candidates. We have been campaigning together for the enactment of Section 106 since the centenary of women’s partial suffrage in 2018 and are thrilled to see that plans for its commencement are being put in place.
We believe in order for Section 106 to have the most impact and drive diversity through data, the most comprehensive data should be collected covering all stages of the selection process. Section 106 allows for data to be collected on one or more of the following groups:
a. Successful candidates for nomination
b. Unsuccessful candidates for nomination
c. Elected candidates
d. Candidates who were not elected
It is our view that data for all categories, including ‘aspirants’ must be collected and published. If data is only collected for a (selected candidates) and c (elected candidates) it would curtail the effectiveness of Section 106. It is important to see the journey and to understand how many women put themselves forward compared to those who are selected. The more information collected, the better our understanding and ability to address barriers. Guidance should be drawn up to advise on best practice and set clear guidelines on what determines a ‘shortlisted’ candidate.
We would recommend that guidance on best practice is published alongside the enforcement of Section 106 to ensure robust and uniform data collection. This should cover specifics on defining which protected characteristics will be monitored, who the data needs to be provided for, when the data needs to be provided by and best practice for ensuring anonymity throughout the data collection process. Having a questionnaire or form created by an independent body such as the
Electoral Commission or the Equality Human Rights Commission would standardise responses from aspirants ensuring consistency in data collection across parties.
Ensuring candidate anonymity is a key concern in the implementation of Section 106. Whilst greater depth of data is helpful, data should not be collected or analysed in any such way in which a singular candidate is identifiable. Intersectional data collection increases the risk of making candidates identifiable, and therefore we would suggest that collection of data should be on singular characteristics. This will also affect which protected characteristics it is appropriate to monitor.
To enable Section 106 to have maximum impact we suggest that a body, such as the EHRC, should publish the data at a specific time to create a spotlight moment on candidate diversity either before or after the election. Gender pay gap reporting provides a good model to follow with the publication date providing a moment for scrutiny and action.
The purpose of publishing the data is to highlight where certain groups are underrepresented and to encourage action to address this. Whilst the legislation doesn’t include a provision to mandate action plans to address underrepresentation, we believe that best practice guidance on how to address issues would be beneficial and fit with the purpose of the provision. The Welsh government is currently drawing up guidance for political parties on diversity and inclusion and there could be lessons for the UK on ensuring data leads to action for change. Section 106 has the benefit of compelling parties to make visible the diversity of their candidates (and aspirants) and therefore provides a point from which to provide advice and guidance on diversity and inclusion strategies and encourage adoptions of action plans to address inequality within parties.
Finally, we believe that, as it is not only Westminster, the Senedd, the Scottish Parliament and the Northern Ireland Assembly in which the members do not fully reflect the people they represent, Section 106 type provisions may in future also be an important step for local authority and mayoral elections to drive diversity within local representation.
We greatly appreciate the time and focus the government is taking to improve diversity in representation and if you are able to share the timescales you are considering for commencement, we would be grateful. We are continuing to work with partner organisations, academics and legal experts to develop our thinking on the enactment of Section 106 and if you would like to seek a meeting to discuss any of the above, we are available at your convenience.
Thank you for your time.
Yours sincerely,
Dr Jess Garland
Director of Research & Policy
Electoral Reform Society
Dr Helen Pankhurst CBE
Centenary Action Convener