Screening is the first of two methods by which the necessary level of “regard” is demonstrated as being paid to the statutory equality goal, as set out in Section 75 of the Northern Ireland Act 1998. The DoF Equality Scheme commits us to screening our policies. This includes our strategies and plans, policies, legislative developments; and new ways of working such as – the introduction, change or end of an existing service, procedure, policy etc.
This screening template is designed to help business areas consider the likely equality and human rights impacts of their proposed decisions on different groups of customers, service users, staff and visitors.
Detailed information about the Section 75 equality duties and what they mean in practice is available on the Equality Commission’s website:
A copy of the Screening Template, for each policy screened, should be ‘signed off’ and approved by a senior manager responsible for the policy, made accessible on the DoF website as soon as possible following completion and made available in alternative formats on request.
All Section 75 consultees should be advised of the screening exercise once the final policy decision has been taken.
The screening template has 4 sections to complete. These are:
Section A - details about the policy / decision that is being screened.
Section B - 4 key questions that require you to outline the likely impacts on equality groups, and all supporting evidence.
Section C - 4 key questions in relation to obligations under the Disability Discrimination Order and the Human Rights Act.
Section D - the formal record of the screening decision.
Section A - Information about the policy
This stage of the screening process involves scoping the policy under consideration. The purpose of policy scoping is to help prepare the background and context and set out the aims and objectives for the policy being screened. At this stage, scoping the policy will help identify potential constraints as well as opportunities and will help the policy maker work through the screening on a step-by-step basis.
Remember that the Section 75 statutory duties apply to internal policies (relating to people who work for us) as well as external policies (relating to those who are, or could be, served by us).
Is this a new or revised policy?
This proposal is a revision to an existing policy.
a) Name of the policy
Removal of exemption from rates for Halls of Residence
b) Brief Description of the policy
This is a revision of wider taxation policy to regularise the rating of exempt halls of residence properties in line with other properties on the non-domestic valuation list, through the removal of the halls of residence exemption.
c) Aims of the policy/ Rationale behind the changes
This policy revision aims to increase rate revenue for central government.
d) Who will the policy affect?
The revision to the policy will affect eligible educational institutions that own or manage property occupied as Halls of Residence.
e) Is this a NICS wide policy?
N/A
f) Who will implement the policy?
The Department of Finance has policy and legislation responsibility for the rating system.
g) Will this policy or revision address an existing inequality? Yes/No If yes, please give details.
Yes. With the emergence of newly built Purpose Built Student Accommodation (PBSA) into the NI built environment in recent years, that property, and the students living therein, do not have access to any exemption status. The proposal regularises the position of Halls of residence and PBSA properties, and the position vis-à-vis other students contributing towards rating liability for the properties in which they live.
h) Will this policy or revision benefit any Section 75 categories? Yes/No If yes, please give details.
Yes. Increased revenue from the measure has the potential to benefit all s75 categories indirectly through greater ability to meet Budget commitments.
i) Will this policy or revision have an adverse differential impact upon any of the Section 75 groupings? Yes/No. If yes, please give details.
No. The provision does not engage Section 75 groupings directly, rather it regularises the position of exempt halls of residence within the wider taxation regime, including their treatment vis-à-vis PBSA properties.
Section B - Available evidence
Evidence to help inform the screening process may take many forms. Public authorities should ensure that their screening decision is informed by relevant data.
What evidence / information (both qualitative and quantitative) have you gathered to inform this policy? Set out all evidence below along with details of the different Section 75 groups you have met and / or consulted with to help inform your screening assessment. Please also provide details of priorities and needs identified for each Section 75 group.
Religious belief
This policy has direct application to the taxation regime within the non-domestic rating system, regularises the position of exempt halls of residence within that taxation regime, and will have no direct bearing in terms of its likely impact on equality of opportunity or good relations for people within the different Section 75 groups. The measure would also address wider Budget shortfalls that in and of themselves have the potential to cause a detrimental effect on public services affecting different section 75 groups.
Political opinion
As above.
Racial group
As above.
Age
As above.
Marital status
As above.
Sexual orientation
As above.
Men & women generally
As above.
Disability
As above.
Dependents
As above.
If you have no evidence held, outline how you will obtain it:
N/A.
Screening questions
There are 4 essential screening questions:
- What is the likely impact on equality of opportunity for those affected by this policy, for each of the nine Section 75 categories? (minor/major/none)
- Are there opportunities to better promote equality of opportunity for people within the Section 75 categories? (yes/no)
- To what extent is the policy likely to impact upon good relations between people of different religious belief, political opinion or racial group? (minor/major/none)
- Are there opportunities to better promote good relations between these three groups? (Yes/No)
Are there likely impacts on Section 75 Categories?
Religious belief
What is the level of impact? None
Political opinion
What is the level of impact? None
Racial group
What is the level of impact? None
Age
What is the level of impact? None
Marital status
What is the level of impact? None
Sexual orientation
What is the level of impact? None
Men & women generally
What is the level of impact? None
Disability
What is the level of impact? None
Dependents
What is the level of impact? None
Additional considerations
Multiple identity
Generally speaking, people can fall into more than one Section 75 category. Taking this into consideration, are there any potential impacts of the policy/decision on people with multiple identities?
(For example; disabled minority ethnic people; disabled women; young Protestant men; and young lesbians, gay and bisexual people).
This policy acts to regularise the position of exempt halls of residence within the taxation regime and will have no bearing in terms of its likely impact on people with multiple identities.
Provide details of data on the impact of the policy on people with multiple identities. Specify relevant Section 75 categories concerned.
N/A
Mitigation
When the public authority concludes that the likely impact is ‘minor’ and an equality impact assessment is not to be conducted, the public authority may consider mitigation to lessen the severity of any equality impact, or the introduction of an alternative policy to better promote equality of opportunity or good relations.
Alternatively there may already be policies in place which would mitigate any adverse impact identified.
Mitigation measures proposed:
N/A.
Section C
DoF also has legislative obligations to meet under the Disability Discrimination Order and the Human Rights Act. The following questions relate to these two areas.
Consideration of Disability Duties
Does the proposed policy / decision provide an opportunity for DoF to better promote positive attitudes towards disabled people?
Explain your assessment in full
No. This policy regularises the treatment of exempt halls of residence within the non-domestic rating system and is unrelated to attitudes towards disabled people.
Does the proposed policy / decision provide an opportunity to actively increase the participation by disabled people in public life?
Explain your assessment in full
No. This policy regularises the treatment exempt halls of residence within the non-domestic rating system and is unrelated to participation of disabled people in public life.
Consideration of Human Rights
The Human Rights Act (HRA) 1998 brings the European Convention on Human Rights (ECHR) into UK law and it applies in N Ireland. Articles 3 and 4 are classified as “absolute” rights ie the State can never withhold or take away these rights. All others are either “qualified” or “limited”. Further information is available via the following link
http://www.nicshumanrightsguide.com/
Indicate any potential adverse impacts that the policy / decision may have in relation to human rights issues.
Adverse Impact
The enacting legislation will be subject to legal scrutiny to ensure that it is compatible with the ECHR. The required legislation to remove the optional early payment discount does not affect underlying tax liability.
|
Right to Life |
Article 2 |
No |
|
Prohibition of torture, inhuman or degrading treatment |
Article 3 |
No |
|
Prohibition of slavery and forced labour |
Article 4 |
No |
|
Right to liberty and security |
Article 5 |
No |
|
Right to a fair and public trial |
Article 6 |
No |
|
Right to no punishment without law |
Article 7 |
No |
|
Right to respect for private and family life, home |
Article 8 |
No |
|
Right to freedom of thought, conscience and religion |
Article 9 |
No |
|
Right to freedom of expression |
Article 10 |
No |
|
Right to freedom of peaceful assembly and association |
Article 11 |
No |
|
Right to marry and to found a family |
Article 12 |
No |
|
The prohibition of discrimination |
Article 14 |
No |
|
Protection of property and enjoyment of possessions |
Protocol 1 |
No |
|
Right to education |
Protocol 1 |
No |
|
Right to free and secret elections |
Protocol 1 |
No |
Please indicate any ways which you consider the policy positively promotes human rights.
The policy will ensure increased revenue for central government.
Please explain any adverse impacts on human rights that you have identified.
No adverse impacts on human rights are anticipated as a result of the Bill.
If you have identified any adverse impacts on human rights through this screening you must complete a Human Rights Impact Assessment: https://www.executiveoffice-ni.gov.uk/publications/human-rights-impact-assessment-proforma.
Monitoring Arrangements
Public authorities should consider the guidance contained in the Commission’s Monitoring Guidance for Use by Public Authorities (July 2007): http://www.equalityni.org/ECNI/media/ECNI/Publications/Employers%20and%20Service%20Providers/S75MonitoringGuidance2007.pdf
The Commission recommends that where the policy has been amended or an alternative policy introduced, the public authority should monitor more broadly than for adverse impact (See Benefits, P.9-10, paras 2.13 – 2.20 of the Monitoring Guidance).
Effective monitoring will help the public authority identify any future adverse impact arising from the policy which may lead the public authority to conduct an equality impact assessment, as well as help with future planning and policy development.
Please detail proposed monitoring arrangements below:
The Department will be monitoring issues as the public consultation process is progressed, and legislation is developed.
Section D - Formal Record of Screening Decision
Title of Proposed Policy / Decision being screened
Removal of exemption from rates for Halls of Residence
I can confirm that the proposed policy / decision has been screened for (i) equality of opportunity, (ii) good relations disabilities duties and (iii) human rights issues
On the basis of the answers to the screening questions, I recommend that this policy / decision is –
Screened Out – No EQIA necessary (no impacts)
Provide a brief note to explain how this decision was reached:
This is a revision of wider taxation policy to regularise the rating of exempt halls of residence in line with other properties on the non-domestic valuation list through the removal of Halls of Residence exemption.
Screening assessment completed by
- Name: Andrew McAvoy
- Grade: Principal Officer
- Date: 26 September 2023 (after instruction from NIO on direction to consult)
And approved by
- Name: Sharon Magee
- Grade: 5
- Date: 19 October 2023
- Central Support Team Notified: 30 October 2023
- Screening uploaded to DoF website: 7 November 2023