Equality Assessment

Summary

The request sought data on equality impact assessments since the Equality Act 2017, including screening numbers and rationales for non-production. The Department of Environment, Food and Agriculture disclosed the total number of screened decisions and a list of assessments by year, but refused to provide the specific rationale for not producing full assessments as it was not held in the requested format.

Key Facts

• The Department screened 39 decisions since the Equality Act 2017 came into force.
• Six of the screened decisions required a full equality assessment.
• The public sector equality duty sections of the Act came into force on 01 January 2019.
• The authority refused to provide the rationale for not producing full assessments due to the cost of research and analysis.
• A total of 6 equality assessments were completed or are in progress between 2021 and 2025.

Data Disclosed

• 39 decisions screened
• 6 full equality assessments
• 01 January 2019
• 2021: 1 assessment
• 2022: 0 assessments
• 2023: 1 assessment
• 2024: 3 assessments
• 2025: 1 assessment (in progress)
• Reference number 4446557
• Section 11(3)(b)
• Section 8(3)

Exemptions Cited

• Section 11(3)(b) Practical Refusal
• Section 8(3) Right of access to information held by public authorities (specifically subsections a, b, and c regarding creation, research, and compilation)

Original Request

I am writing to request information under the Freedom of Information Act regarding equality impact assessments conducted since the Equality Act 2017 came into force: Specifically, I would like to request: The number of decisions that were screened and the rationale for not producing a full equality impact assessment each year since the act came into effect. The number of equality assessments carried out each year since the Act came into effect and a list of topics covered by these assessments for each respective year.

Data Tables (1)

Full Response Text

Freedom of Information Co-ordinator Corporate Services Directorate Thie Slieau Whallian, Foxdale Road, St John’s, Isle of Man, IM4 3AS Tel no (01624) 685854 Fax no (01624 685851 Email: defa@gov.im www.gov.im

Our ref: 4446557 12 March 2025

Dear ###

We write further to your request, received 13 February 2025, which states:

"I am writing to request information under the Freedom of Information Act regarding equality impact assessments conducted since the Equality Act 2017 came into force:

Specifically, I would like to request:

The number of decisions that were screened and the rationale for not producing a full equality impact assessment each year since the act came into effect.

The number of equality assessments carried out each year since the Act came into effect and a list of topics covered by these assessments for each respective year."

I have detailed below the information that is being released to you. For ease, your Freedom of Information request questions have been numbered.

Q1 The number of decisions that were screened? The Department has screened 39 decisions since the Equality Act 2017 came into force. Following the initial screening decision, six required a full equality assessment, as documented in Question 3.

To offer advice and assistance, the Equality Act 2017, Sections 143 to 145, Advancement of equality: public sector equality duty, came into force on 01 January 2019.

Q2 The rationale for not producing a full equality impact assessment each year since the act came into effect?
While our aim is to provide information whenever possible, the Department do not hold this information in the format that you have requested it. To fulfil this request,
the Department would be required to undertake research into, or analysis of, information that it holds, of which nothing in this Act requires them to do.

Section 11(3)(b) Practical Refusal In this instance a practical refusal reason applies under section 11(3)(b) of the Freedom of Information Act 2015 (“the Act”), as complying with the request for

information would require the public authority to do one or more of the matters mentioned in section 8(3) of the Act.

Section 8(3) Right of access to information held by public authorities Nothing in this Act requires a public authority to – (a) create or derive information from information that it holds; (b) undertake research into, or analysis of, information that it holds; or (c) undertake substantial compilation or collation of information that it holds.

Q3. The number of equality assessments carried out each year since the Act came into effect and a list of topics covered by these assessments for each respective year?

Year No. of Equality Assessments Topics of Assessments 2021 1 Climate Change Single Use Plastic Regulations 2022 0 N/A 2023 1 Revisions to the Energy Efficiency (No 2) Scheme Seek approval for AG’s Chambers to draft changes to the Management of Health and Safety at Work Regulations Seek approval for the AG’s Chambers to draft legislation that will incorporate changes made by the UK Ionising Radiation (Medical Exposure) (Amendment) 2024 3 Regulations 2024 into the Island’s Ionising Radiation (Medical Exposure) Regulations 2019. 2025 1 DEFA 2025 home energy improvement scheme
assessment currently in progress

Please quote the reference number 4446557 in any future communications.

Your right to request a review

If you are unhappy with this response to your freedom of information request, you may ask us to carry out an internal review of the response, by completing a complaint form and submitting it electronically or by delivery/post.

An electronic version of our complaint form can be found by going to our website at https://services.gov.im/freedom-of-information/Review . If you would like a paper version of our complaint form to be sent to you by post, please contact me and I will be happy to arrange for this. Your review request should explain why you are dissatisfied with this response, and should be made as soon as practicable. We will respond as soon as the review has been concluded. If you are not satisfied with the result of the review, you then have the right to appeal to the Information Commissioner for a decision on; 1. Whether we have responded to your request for information in accordance with Part 2 of the Freedom of Information Act 2015; or 2. Whether we are justified in refusing to give you the information requested.

In response to an application for review, the Information Commissioner may, at any time, attempt to resolve a matter by negotiation, conciliation, mediation or another form of alternative dispute resolution and will have regard to any outcome of this in making any subsequent decision. More detailed information on your right to a review can be found on the Information Commissioner’s website at www.inforights.im. Should you have any queries concerning this letter, please do not hesitate to contact me. Further information about freedom of information requests can be found at www.gov.im/foi. I will now close your request as of this date.

Yours sincerely