The next item is the debate on the Equality and Human Rights Commission in Wales annual review, and I call on the Minister for Social Justice to move the motion, Jane Hutt.

Motion NDM8013 Lesley Griffiths

To propose that the Senedd:

Notes the Equality and Human Rights Commission’s Wales Impact Report 2020-21.

Motion moved.

Diolch, Llywydd. I welcome this debate on the Equality and Human Rights Commission's Wales impact report 2020-21. The Welsh Government has benefited for many years from a positive and productive working relationship with the EHRC's team in Wales, and this has continued through the period covered by this report, and it's reflected across many of the issues it highlights. I'd like to thank Martyn Jones for his leadership as interim chair of the Wales committee during the period covered by the impact report, and extend a warm welcome to Eryl Besse on her recent appointment as EHRC Wales commissioner. We fully share the core aim identified in the impact report, to ensure that, and I quote,

'strong equality and human rights laws protect people, and data shows what is happening to people in practice.'

During the pandemic and since, we have been taking action in many areas that demonstrates our commitment in that respect. In partnership with EHRC's Wales team, we've progressed the review of the public sector equality duty Welsh regulations. This work was paused because of COVID, but is now being taken forward as part of our response to the strengthening and advancing equality and human rights research report. The socioeconomic duty came into force in Wales on 31 March 2021, requiring relevant public bodies to place consideration of inequalities of outcomes arising from socioeconomic disadvantage at the heart of their decisions. The duty has been welcomed, and there are already examples of public bodies integrating the duty into planning and reporting frameworks.

We've worked closely with the Equality and Human Rights Commission and partners to take this forward, recognising the recommendation of the commission in its 'Is Wales Fairer?' 2018 report. And as I've said, it's already informing policy development in our public services. The Welsh Government is going further. It has recognised that fair work is critical to achieving a stronger, modernised, more inclusive economy. It can assist in addressing inequality, reducing poverty, and promoting well-being. And work is continuing as we introduce the Social Partnership and Public Procurement (Wales) Bill with the statement made by the Deputy Minister for Social Partnership today, introducing new social partnership and socially responsible public procurement duties.

Our 'Advancing Gender Equality in Wales' plan provides the framework through which we'll address the changing landscape for women in Wales, and our programme for government prioritises implementation of key aspects of this plan. The pandemic has revealed society's dependence on work that is disproportionately done by women, as unpaid carers and as employees within care, social work and hospitality. The pandemic has also highlighted the brilliance of women's contribution to the scientific and clinical response.

As we move out of this crisis and into another on cost of living, it's crucial we place far stronger value on this work, which is central to our economy and our communities. To support this, a gender equality sub-group has been convened, which brings together stakeholders working on gender equality issues across Wales. Two priorities identified by the group are women's health and how unpaid care disproportionately falls to women. Our programme for government commits to strengthening and expanding the violence against women, domestic abuse and sexual violence strategy to include a focus on violence against women in the street and workplace, as well as the home, in order to make Wales the safest place in Europe to be a women. And you will know, of course, that the 2022-26 VAWDASV national strategy was published on 24 May.

To ensure that all our work on equalities is underpinned by evidence—which is a key call from the impact report—we have established an equality evidence unit, a race disparity evidence unit, and a disability disparity evidence unit. They have a shared mission to improve the availability, quality and accessibility of evidence about individuals with protected and associated characteristics so that we fully understand the level and types of inequalities across Wales. This will enable decision makers to develop better informed policies and to assess and measure their impact, alongside, of course, helping to inform the public sector equality duties and the socioeconomic duty.

The EHRC impact report recognises the influence they exerted on the consultation leading to the new Wales transport strategy, 'Llwybr Newydd', launched for public consultation on 17 November, explaining how we plan to open our transport system to a different world. The strategy sets out a long-term vision for an accessible and sustainable transport system aiming to ensure that equality is integrated into transport planning at the highest level, rather than seeing it as a separate issue.

Colleagues, we have just announced this afternoon an 'Anti-racist Wales Action Plan', and also EHRC has played an important role in addressing these issues. The plan, of course, as we've discussed this afternoon, calls for zero tolerance of racism in all its forms, and identifying vision and values for an anti-racist Wales containing goals, actions, timelines and tangible outcomes, which will move us from the rhetoric on racial equality and ensure we deliver meaningful action.

We're also fully committed as a Welsh Government to supporting all disabled people in Wales. 'Locked out: liberating disabled people’s lives and rights in Wales beyond COVID-19' was published in July 2021, highlighting the inequalities that many disabled people face in Wales. In response, the disability rights taskforce has been established, bringing together people with lived experience. Welsh Government policy leads and representative organisations have identified the issues and barriers that affect the lives of many disabled people.

Our new Curriculum for Wales will play a crucial role in relation to equality; it's essential to reflect the true diversity of our population so that learners understand how this diversity has shaped modern Wales. We discussed this again this afternoon with a statement by the Minister for Education and Welsh Language, but it's also important that the curriculum as well provides important opportunities around relationships and sexuality education.

Finally, Llywydd, the Welsh Government's response to our research into strengthening and advancing equality and human rights has now been published. I welcome the human rights tracker, one of the first in the world that's been produced by the Equality and Human Rights Commission. We, in our research, set out the main areas that we want to take forward, including exploring options for the incorporation of UN conventions into Welsh law, such as a Welsh human rights Bill, in line with our programme for government.

But also, we are publishing a large body of evidence as part of our preparations for this year's UN review of how the UK as a whole is fulfilling its international human rights obligations—the universal periodic review. This will be the first time we've taken this step, as well as contributing to the UK state report prepared by the UK Government. Doing so is a further demonstration of our commitment to raising the profile of equality and human rights in Wales.

The EHRC's impact report provides us with an important overview of the commission's work in Wales, and clearly demonstrates the need for continued vigilance and practical action to safeguard equality and human rights in support of us all, particularly those who are at risk of being marginalised, victimised or suffering discrimination. I commend the motion.

I would like to welcome the publication of the 2020-21 Wales impact report and the breadth of the work that the commission is engaged in. They have clearly developed a significant strategic role in Wales, engaging in much of the work of Government, the Senedd and other key partners. That is clearly evidenced in their report. They have provided advice to organisations and supported the efforts during the depths of the pandemic, including challenging the Welsh Government by scrutinising the inappropriate blanket approach to healthcare decisions on issues such as 'do not attempt resuscitation' notices, rules around care home visits, testing for care home residents and staff and discharging older people with COVID-19 from hospitals into care homes. I welcome the robust approach to these key issues, working closely with the Older People's Commissioner for Wales in highlighting such important concerns. In the COVID inquiry now being advanced by the UK Government, I hope that these critical observations will be included as evidence of the impact, not of COVID itself, but of the decisions of Welsh Ministers on the human rights of older people in Wales.

Before turning to specific points in the report, I would like to say that, as we are already approaching the midpoint of 2022, it is somewhat frustrating that we are considering a report that is already more than 12 months out of date, compared to many other public bodies who will have already published their 2021-22 reports. To make this exercise more valuable, this needs to be addressed for future reports. Having said that, I welcome the opportunity to consider the range of work they are engaged in. I said that their strategic impact as a key partner is evidenced. That much is clear. What is a little unclear is how the commission can adequately measure the impact of their work in Wales and whether, as a UK public body, they have done this effectively.

The introduction of the Wales impact report says that, I quote:

'Our unique legal powers allow us to tangibly change lives. In these challenging times, we are using these powers more robustly and more intelligently than ever before.'

Unquote. I agree with this statement. As an organisation created through statute, they have been given significant powers by the Parliament to address inequalities and promote improvement. However, beyond the broad narrative in the report, which sets out a lot of actions and engagement, it is hard to evidence how their legal powers have tangibly changed lives, and where the people of Wales can see such an impact in the robust fashion that the report suggests. The aims are substantial.

I believe monitoring human rights now is as important as ever, and raising awareness of the Equality Act 2010 that bans discrimination in wider society. During the pandemic, there were 'do not resuscitate' policies in place for people with learning difficulties, or in the treatment of older people. This blanket policy is discriminatory and a breach of human rights. We must work harder to create a fairer and safer Wales for all. Thank you very much.

I welcome the opportunity to contribute to this debate today. The Equality and Human Rights Commission continues to do vital work. Indeed, during these worrying times, when human rights are being threatened to an unprecedented degree by the Tory Government at Westminster, it is doing vital work to ensure that Welsh institutions and the Welsh Government take every opportunity to ensure fairness for the people of Wales. I am therefore pleased to acknowledge that work here in the chamber.

To prepare for my contribution today, I looked back at previous reports by the EHRC and the comments and the relevant questions that were raised in their wake, and each year, we seem to feel that the threat to human rights is unprecedented. Over recent years, in responding to the reports, we have cited austerity policies threatening employment and livelihoods and the damaging implications of Brexit that put the foundations of human rights at risk. And then, over the years, there has also been a marked development in the awareness of the effects of climate change on human rights. And we have seen, for example, the basic right to a safe home being literally washed away as some of our communities suffered more persistent and more severe floods. And as we were hit by a global pandemic, of course, we all explored the nature of our right to health, to healthcare and to have contact with each other, and our rights as workers. And attention was drawn to how the rights of specific groups, as Altaf Hussain said, of our society, for example disabled people, children, people in care homes and those receiving maternity care, were grossly violated and neglected at times by some Government decisions during that period.

And now we are facing a cost-of-living crisis that is both desperate and disastrous—an economic and social crisis that stems from, and is compounded by the aggregate impact of many of these elements, as well as some new elements such as the price of energy and the war on our continent, threatening some of the most fundamental human rights of our people to food and heat. What struck me was that, despite the general presumption that human rights are enduring and firmly entrenched in the fabric of our society, it is obvious that we need to work harder to protect them year upon year. And the pressure on the Equality and Human Rights Commission is therefore intensifying and its work is increasing. Turning to the commission's latest report in Wales, I commend its work and its particular focus on education and young people, the use of restraint in schools, which is still a concern for so many parents of children with additional learning needs, the need for transport to be more inclusive and appropriate for disabled and older people, fair work, as we heard from the Minister, and access to justice. 

Discrimination and inequality in the areas that I have listed and that the commission has investigated arise frequently in my casework, as with a number of other Members, I'm sure. So, the commission's work in shedding light on these issues in order to secure policy solutions is extremely valuable. The monitoring and data collection work of the commission is an essential aspect of scrutinising the Welsh Government and holding them to account. And as a member of the Equality and Social Justice Committee, the lack of appropriate data has repeatedly arisen in our inquiries, and so I welcome the fact that the Government has finally recognised the need for a dedicated equalities data unit to address the gaps in the data, to assist in the work of policy formulation and monitoring more effectively. And I would like to hear from the Government, therefore, what progress is being made in terms of that unit, which would undoubtedly assist the commission in their investigations. Is it fully operational? We've heard that it's been established—is it fully operational? And will that vital information be available to specialist research organisations?

Not only have the Equality and Human Rights Commission's responsibilities increased, but it's also facing a Westminster Government that is hostile to its work, which aims to undermine and, indeed, replace human rights and the frameworks underpinning them. I have mentioned in a recent debate on reforming the Human Rights Act 1998 that there is an urgent and clear need to seek to devolve the equality and human rights responsibilities to Wales at long last. And there is clearly a broad and firm consensus on approaches to protect equality and human rights, which does not seem achievable under the authority of Westminster. Instead, human rights are being challenged by a Government that wants to dismantle the Human Rights Act, because it believes that public benefit is eroded by broadening human rights—the opposite is, of course, true. And the commission's report and its vital work in protecting equality in Wales sets that out quite clearly. It is inevitable that not acting with urgency to create a measure for Wales will actually not allow us to protect those most vulnerable in our society. So, I would like to know what progress has been made in that regard. The time for revision is over. It's time for action and Plaid Cymru agrees with you on that. Thank you.

The Minister for Social Justice to reply to the debate. Jane Hutt.

Diolch yn fawr, Llywydd, and diolch yn fawr for all the contributions. I thank Members for participating today. I think the debate has clearly demonstrated the importance of safeguarding equality and human rights in Wales across a wide range of issues, and it comes after three statements addressing our commitments to the implementing of the anti-racist action plan, and also, indeed, the introduction of the social partnership and public procurement Bill, which are all relevant to equality and human rights. So, I think highlighting the role of the Equality and Human Rights Commission in these debates is very important. Clearly, COVID means that we're catching up with some of the reports. The accountability is crucial, not just in terms of our response to the reports as a Welsh Government, but also to scrutinise the work of the Equality and Human Rights Commission.

So, I've indicated already areas of policy where we've worked together effectively and with impact, because, obviously, we are dealing with both devolved and non-devolved areas in terms of those policy issues. So, the impact report has been important to us, and I say that we have a very strong and positive relationship with the EHRC, and we do remain grateful for the guidance when developing policy and legislation. I work very closely—I meet regularly with Ruth Coombs, the head of EHRC in Wales, and I want to thank the team again for all of the work, and also officials working on a variety of work, and I've mentioned the work in terms of strengthening public sector equality duty in Wales and the introduction and implementation of the socioeconomic duty. And we do have to ensure that the EHRC retains a strong and distinct presence in Wales, because this is an unprecedented time for equality and human rights in the UK; the work of the EHRC is more important than ever.

I do want to just comment on a couple of the points raised by both Altaf Hussain and Sioned Williams, particularly relating to older people. I was very pleased to be able to meet the cross-party group on older people, chaired by Mike Hedges today, where I was able to talk a bit about how we had responded to their views about the fact that we need to have a specific work stream on older people in the new strategy, the next stage of the violence against women and domestic abuse and sexual violence strategy. We'd learnt that from working together, through the influence of the cross-party group and its members, but also working with the Older People's Commissioner for Wales and Age Cymru to monitor particularly, for example, the impact of the pandemic on older people. But also the older people's commissioner meets regularly with the Deputy Minister for Health and Social Services, and recent conversations have focused on the rights of older people in care homes and just learning lessons to ensure that we have a rights-based approach with a strategy for an ageing society.

I think there are areas where we have huge concerns where we would like the EHRC to address, for example I would say the exclusion of migrant women from protection against abuse. I would expect the Equality and Human Rights Commission to agree with me that it's not sufficient for the UK Government to adopt the protocols of the UN Convention on the Elimination of All Forms of Discrimination Against Women—CEDAW—that have been raised in this Chamber more than once, if some of the most vulnerable women in our communities are deliberately excluded from the safeguard it provides. It does just bring us back, finally, to our international commitments and reputation in relation to equality and human rights.

Sioned Williams, you identify those areas that have had a huge impact in terms of every protected characteristic and equality and human rights, the impact of climate change and austerity. We're currently waiting for the UK Government to publish details of the bill of rights, which it proposes to replace the Human Rights Act 1998 with. Unless they're radically different to those set out in the recent consultation, which unfortunately we don't expect, this will be a step backwards that will send all the wrong signals to regressive and repressive regimes around the world. In this context, finally, Llywydd, the Welsh Government will do all it can to stand up for and safeguard the most fundamental principles of equality and human rights for everyone in Wales. It is vital. The Equality and Human Rights Commission has to have a strong and independent presence in Wales. We look forward to meeting the new commissioner. They need to continue to provide us with unbiased evidence. We have our new equality evidence unit. It is in place, appointments have made—I'm very glad to be able to reassure Sioned of that point. Its mission is to improve the availability, quality, granularity and accessibility of evidence about individuals with protected and associated characteristics. It's going to support the whole of the Welsh Government with better informed policies, and we have developed a draft strategic evidence plan describing the scope, remit and priorities, and we'll publish that in this summer. So, I'm glad that we have been able to clarify that this afternoon.

Yes, EHRC must have a strong and independent presence. It has to continue to provide us with the unbiased evidence we need to support our plans and activity. I've pointed to areas where I think they should stand up and support the stance that we have taken in terms of upholding and strengthening and advancing human rights and equality. We have to ensure that Welsh people's rights are upheld, and I'm hopeful that all Members will join me, working together to improve equality across Wales in all its forms. Can I say that, this afternoon, when we have had this theme of equality, particularly focusing on anti-racism, has been powerful? And I'm grateful to all Members who've played their part in making this event so important, and this debate. Diolch yn fawr.

The proposal is to agree the motion. Does any Member object? No. The motion is therefore agreed in accordance with Standing Order 12.36. We therefore will not need to move to voting time today.

Motion agreed in accordance with Standing Order 12.36.

That brings proceedings to a close.

The meeting ended at 17:47.