Thematic report on Crown Office and Procurator Fiscal Service's response on race issues

EMPLOYMENT

It is Crown Office policy to attract employees from the minority ethnic communities in Scotland. This is seen as an important confidence building initiative.

To carry out the policy effectively it is important to know more about the size, distribution etc of the various minority ethnic communities in Scotland. This knowledge is important to enable effective targeting of initiatives.

Latest published statistics show that around 2 per cent of a total of 1,450 ² staff employed by COPFS, are from an ethnic minority. Staffing figures are discussed in more detail in a later section.

Information contained in the following section, which provides background material with regards the ethnic population in Scotland, is extracted from 'Analysis of Ethnicity in the 2001 Census - Summary Report' ³.

Background - Scotland's Ethnicity

Information on ethnic group was collected as part of the 2001 Census in Scotland, representing the first large-scale collection of data on ethnicity in Scotland for a decade. The results show that in 2001 the size of the minority ethnic population was just over 100,000 in Scotland, which represents 2 per cent of the total population.

Pakistanis were the largest minority ethnic group, followed by Chinese, Indians and those of mixed ethnic backgrounds. Over 70% of the total ethnic minority population was Asian - Indian, Pakistani, Bangladeshi, Chinese or other South Asian (Chart 1 below).

Chart 1

Percentage of each ethnic group within the minority ethnic population in Scotland, 2001

Interestingly, over 12% of the minority ethnic population described their ethnic group as mixed.

The size of the minority ethnic population has increased since the 1991 Census. While the total population increase between 1991 and 2001 was 1.3 per cent, the minority ethnic population increased by 62.3 per cent.

A much higher percentage of people from minority ethnic backgrounds live in large urban areas (settlements of over 125,000 people), compared to White people. Only 39% of White Scottish people live in large urban areas but for Indians the percentage is 74%, Pakistanis 80%, Bangladeshi people 76%, Other South Asians 75%, and Africans 74%.

Glasgow has the highest percentage of minority ethnic people with 31% of Scotland's total minority ethnic population living in the city. Edinburgh follows Glasgow with 18% of the total minority ethnic population residing there.

Economic Activity and Ethnicity

Some interesting findings emerge from the Census in terms of ethnicity and economic activity. This information is relevant in relation to COPFS staff profiles.

The 'economically active population' includes all people of working age who were working in the week before the Census (those in employment), those people who were not working but were looking for work and were available to start within 2 weeks (the unemployed) and full-time students who are economically active (they are identified separately). The economic activity rate is the ratio of the economically active population to the working age population (16-59 years for women and 16-64 years for men).

The Other White British and White Scottish groups have the highest rate of economically active people (76% for both groups). In contrast, Pakistanis and Other South Asians have the lowest rate of economically active people (53% for both groups).

In fact, all minority ethnic groups, excluding the Caribbean, have a lower percentage of people who are economically active compared to the White population. The economically active rate for Caribbeans (71%), however, is similar to that of the White population.

Employment Rate

Chart 2 shows the percentage of the working age population who were actually in employment.

Chart 2

Employment rate by ethnic group, 2001

The employment rates of the minority ethnic groups are also generally lower than the employment rates of the White population with the exception again being the Caribbean group who have similar employment rates to those of the White groups.

The lowest employment rates are among Other South Asians and people from the Other Ethnic group with only 46% of the working age population in these groups being employed. Pakistanis and Bangladeshis follow this closely with employment rates of 47% and 49% respectively.

Chart 3

Percentage of economically active people who are unemployed, 2001

Minority ethnic groups have higher unemployment rates compared to all four White groups as illustrated in Chart 3. Those groups experiencing the highest rates of unemployment are the Africans (15%), Black Scottish (15%) and Other South Asians (14%).

The groups with the highest levels of self-employment are the Pakistani (32%), Chinese (23%) and Indian (22%) ethnic groups (Chart 4). Bangladeshi and Other South Asian also have high rates of self-employment (19.9% and 19.5% respectively). Africans have the lowest rate of self-employment (8.4%).

Chart 4

Percentage of those in employment who are self employed, 2001

"People are not given a job trial if they speak with an accent."
(Minority ethnic focus group member, Aberdeen, 31 August 2004)

Industry of Employment (where people work)

There are some striking differences between ethnic groups in terms of the type of industry in which people are employed.

• 45% of Pakistanis and 22% of Indians aged 16-74 who are currently in employment work in the Wholesale and Retail trade.
• 51% of Chinese and 45% of Bangladeshis aged 16-74 who are currently in employment work in Hotels and Restaurants.
• 23% of Africans, 19% of Indians and 19% of Other South Asians aged 16-74 years who are currently in employment work in Health and Social Work.

The proportion of minority ethnic people currently employed and aged 16-74, in the Public Administration and Defence industry grouping (which includes justice, judicial and law and order activities among others) is generally low (at most 9 per cent of the Caribbean group and only 3 and 2 per cent of Pakistanis and Chinese respectively).

These statistics in relation to sector of employment raise interesting issues which a whole range of employers, not only COPFS, should perhaps consider particularly in the context of the high educational attainment levels of some minority ethnic groups. The factors which influence career choice for minority ethnic groups are varied and complex, and may in some cases not even be particularly conducive to change (for example, family influence) but the examination of these is essential if employers hope to attract increasing proportions of the said groups to their sectors.

"Go to the schools, the primary schools."
(Minority ethnic focus group member, Aberdeen, 31 August 2004)

In this context, and before considering the study of law, it is worth noting that latest statistics (2001-02) show that the subject groups with the highest proportions of minority ethnic graduates at first-degree level are:

• Medicine and Dentistry (16%)
• Mathematical Sciences (10%)
• Business Administration (9%)
• Engineering and Technology (9%)

The Study of Law

"I have not seen any Chinese faces working in courts. In England there are barristers, solicitors and court officials but none in Scotland."
(Minority ethnic focus group member, Glasgow, 7 September 2004)

In considering the legal staff which COPFS employ it is of relevance to look at the profile of the pool of graduates from which COPFS can recruit, specifically from a minority ethnic perspective.

Those wishing to qualify as a solicitor in Scotland study for a Bachelor of Laws Degree (LLB) at any one of a selected number of Scottish universities. After completion of the LLB Degree or professional examinations, all intending solicitors require to take the Diploma in Legal Practice.

Applicants and acceptances to law in Scottish Higher Education Institutions (HEIs)

Information on applicants and acceptances to undergraduate higher education courses in Scotland is available in respect of the Scottish HEIs, via the Universities & Colleges Admissions Service (UCAS). Note that the data to be considered here relates only to undergraduate degree courses, so excludes the population of applicants/acceptances to the postgraduate Diploma in Legal Education. As such, the UCAS data presents only part of the profile of all those pursuing a career in law.

"Chinese parents want their kids to be lawyers, doctors, accountants."
(Minority ethnic focus group member, Glasgow, 7 September 2004)

On a cautionary note, ethnic origin is unknown for around 9 per cent of both applicants and accepted applicants, hence the data relates only to those for whom ethnic origin was known. Further, the category 'law' in this context will include a small number of degree courses other than the LLB.

Latest UCAS data shows that the ethnic profile of applicants and acceptances to law in Scottish HEIs has remained very similar over the past 5 years (1999/2000 to 2003/4). Around 93/94 per cent of applicants are generally white, with another 4/5 per cent of applicants being of Asian ethnic origin. Black groups account for less than 1 per cent, with the remainder of applicants (between 1 and 2 per cent) being of other/mixed ethnicity.

Proportions of acceptances to Scottish HEIs, in terms of ethnicity, are very similar to proportions of applicants but it is perhaps worthy of note that the percentage of white acceptances has been minimally greater, year on year, than the percentage of white applicants (for example, 95 per cent white acceptances, compared with 93 per cent white applicants, in 2003).

"People don't know about jobs (in COPFS), the minority ethnic papers are a good idea."
(Community focus group member, Glasgow, 9 August 2004)

In relation to all ethnicities, just over a fifth of applicants are accepted to study law, year on year, and allowing for fairly wide year-on-year variation due to small numbers, this pattern is broadly similar across all ethnic groups (although there appears to have been a slight decrease in the proportion of acceptances relative to applicants from Asian ethnicities over the period).

Law Graduates

As with the UCAS data, law graduate data will include a small number of courses other than the LLB. However, the data has been narrowed down to examine entrants to and graduates from law at first degree and postgraduate level in Scottish HEIs. ⁴ This represents a best-fit for the population we seek to examine - as such, the percentage of students contained in this data who are on/graduate from courses other than the LLB and Diploma will most likely be very small.

The percentage of cases where ethnic origin is unknown for first-degree graduates from law has decreased quite dramatically from 40 per cent in 1997/98, to a more respectable 9 per cent in 2001/02. The same proportion in relation to postgraduates has varied between 2 and 9 per cent over the period. While this represents a significant improvement in relation to first degrees, 9 per cent, as with the UCAS data, cautionary interpretation is warranted.

Nevertheless, latest data shows that the percentage of minority ethnic graduates from law has remained fairly constant at around 4 or 5 per cent over the period 1997/98 to 2001/02. When this is broken down by level of study, the percentage of minority ethnic postgraduates is slightly higher than the percentage of first-degree graduates (6 and 5 per cent respectively in 2001/02) and this is generally true over the period.

Comparisons with proportions of minority ethnic entrants to law reveal no particular issues around survival rates, in that similar proportions commence study, as complete it.

In conclusion, it appears that while proportions of ethnic minorities studying law have not particularly increased in recent years, neither have they decreased. Given the higher proportions of minority ethnic graduates from other subject disciplines as detailed, the challenge is an interesting one for all employers.

"A huge number of ethnic minority applicants did apply and a lot of them were up to the job and we need to look at that. You need to expand the number of trainees (trainee solicitors employed by Crown Office). If you want to broaden your base take on more trainees and it will help."
(Minority ethnic focus group member, Glasgow, 14 October 2004)

Research Findings

While the statistics represent the current position, they only tell part of the story. The other part is concerned with the reasons that lie behind the statistics - what influences minority ethnic perspectives in relation to law as a career choice?

Recent research commissioned jointly by the COPFS and Central Research Unit in the Scottish Executive examined factors influencing decisions to choose law (or not to, as the case may be) as a career in relation to students from diverse ethnic (and social) backgrounds ⁵.

The report presents minority ethnic perspectives on law and the legal profession, while noting that the sample in this case was entirely Scottish Asian. It raises an important point, as the following paragraph from the report notes:

'Education is clearly highly valued within Scottish Asian communities, with a particular emphasis on entry to the professions. The main focus, however, is on medicine and associated disciplines, rather than on law. Since many of the young Asians continued to defer to their parents in relation to such choices, it suggests a need to target not only school-leavers but also their parents, and the various ethnic minority communities generally.'

While their findings relate to the legal community more generally, the point is a pertinent one, which COPFS as part of the legal landscape equally should consider. The study revealed that legal education and the legal profession more generally were regarded by most Asian law students as being populated by predominantly white people - although experiences of overt and/or deliberate racism were rare.

When asked how more young people from minority ethnic groups might be encouraged to consider a career in law, interviewees emphasised the need for more (and more visible) black and Asian role models, and for efforts to be made to change the attitudes towards law within minority ethnic communities generally.

"It's good to see staff from an ethnic minority background."
(Minority ethnic focus group member, Glasgow, 9 August 2004)

"You need more outreach to Asian women about the work of the Department, advertise in the Temples etc."
(Minority ethnic focus group member, Glasgow, 9 August 2004)

Of all law students and trainees questioned only around a fifth had applied to COPFS (or for other traineeships in the public sector) although approximately another fifth had seriously considered applying but had not. It emerged that lack of interest in the type of work, timing of recruitment and lack of information about opportunities available were the main factors in dissuading people to apply. While these findings related to the law students/trainees of all ethnicities, not only minority ethnic, again the points made appear relevant for COPFS to consider.

"Look at how to keep the process going, expand the main numbers, it is confidence enhancing."
(Minority ethnic focus group member, Glasgow, 14 October 2004)

Requirements Placed on Employers

It is the policy of the Civil Service that all eligible persons shall have equal opportunity for employment and advancement in the Civil Service on the basis of their ability and qualifications and fitness for work. It states further that there must be no direct or indirect racial discrimination against any eligible person, whether in recruitment, training, promotion or in any other way.

This policy pursues and builds on the statutory position in the United Kingdom, whereby it is unlawful to discriminate against someone on grounds of colour, race, nationality, ethnic or national origins, under the Race Relations Act 1976. The Race Relations Act gives employers a specific legal duty to make sure that no job applicant, worker or office holder suffers unlawful racial discrimination or harassment in the process of recruitment, selection and appointment, or in the course of their subsequent experience at work, or when their employment has ceased.

"Seconding staff (from RECs) is a good idea, it works both ways and is a good way of exchanging skills."
(COPFS staff member, 10 August 2004)

The Race Relations (Amendment) Act 2000

A number of significant amendments to the Race Relations Act 1976 have been made. The strengthened legislative framework will help public authorities across Britain provide their services to the public in a way that is fair and accessible to all, irrespective of their race or colour. It will also give members of the public greater protection from unlawful race discrimination. In particular, the changes:-

• widen and strengthen the anti-discrimination provisions within the Race Relations Act; and
• introduce a new and enforceable duty on key public bodies to promote race equality.

A general duty has been placed on public authorities to promote race equality. This requires them to take action to prevent acts of race discrimination before they occur. Those public authorities, in performing their public functions, must have due regard to the need to:

• eliminate unlawful discrimination;
• promote equal opportunities; and
• promote good relations between persons of different racial groups.

Key public authorities - including central and local government bodies, health service bodies and many more - are additionally subject to a number of specific duties. These are specific actions that they are required to take so as to help them meet the new duty to promote race equality. Scottish public bodies had to comply with the new duties by 30 November 2002. One of the new duties is the employment duty.

The Role of the Commission for Racial Equality (CRE)

The Commission for Racial Equality (CRE) is a publicly funded, non-governmental body set up under the 1976 Act to tackle racial discrimination and promote racial equality.

The 1976 Act gives the CRE a statutory duty to:

• work towards the elimination of racial discrimination and harassment;
• promote equality of opportunity and good relations between persons of different racial groups;
• to monitor the way the Race Relations Act is working and recommend ways it can be improved.

One of the aims of the CRE is to help public authorities to promote race equality by advising them and identifying examples of good practice. The CRE's powers include a power to issue statutory codes of practice to help public authorities further by providing guidance on meeting their obligations. One such code relates to the field of employment.

"Does racism still exist? The (idea of) the superiority of the white over the black does still exist. People don't say it but they execute it."
(Minority ethnic focus group member, Glasgow, 9 September 2004)

The CRE recently carried out a three-month public consultation in respect of a revised Code of Practice on Racial Equality in Employment. The current statutory code was issued 20 years ago, and the revised version takes account of the important amendments to the Race Relations Act (the Race Relations (Amendment) Act, 2000). The code aims to give practical guidance to employers, recruitment agencies, trade unions and individual employees on how to meet their obligations under the Race Relations Act. Being statutory, any of its provisions can be referred to in an employment tribunal.

"Any group which is more active gets justice."
(Minority ethnic focus group member, Glasgow, 9 September 2004)

The code states that for employers the key to meeting their legal responsibilities and avoiding claims of unlawful racial discrimination or harassment is good employment practice. As such, employers should adopt the following framework for action:

• Introduce and implement a racial equality policy in employment;
• Provide racial equality training;
• Monitor the racial equality policy;
• Set targets and timetables within a racial equality strategy;
• Consider taking positive action, to train and encourage workers and others from any racial groups that are under-represented in particular work;
• Evaluate the strategy and policy.

"The police and the Procurator Fiscal need to be educated in matters of culture, faith, religion and in how to approach the public and their attitude."
(Minority ethnic focus group member, Glasgow, 9 August 2004)

The employment duty requires public authorities to have had in place (by 30 November 2002) arrangements for fulfilling, as soon as reasonably practicable, the monitoring duties listed below (and to go on to fulfil these duties):-

• Monitoring, by reference to racial group, numbers of staff in post, applicants for employment, training and promotion.
• For those with 150 or more full-time staff, additional monitoring of the numbers who:
• • Receive training
  • Benefit or suffer detriment as a result of performance assessment procedures
  • Are involved in grievance procedures
  • Are the subject of disciplinary procedures; and
  • Cease employment with the authority.
• Publish annually the results of this monitoring.

"When people leave the Procurator Fiscal Service there should be exit interviewing. We think that people are leaving quickly."
(Minority ethnic focus group member, Glasgow, 9 August 2004)

"Do people stay in the job?"
(Minority ethnic focus group member, Glasgow, 9 August 2004)

The CRE recently carried out an assessment of 77 Scottish public authorities' responses (although this assessment did not include Crown Office) regarding the duty to promote race equality as placed on them by the Race Relations (Amendment) Act 2000 ⁶. Part of this assessment considered the employment duty and as such asked authorities about action taken in respect of the various monitoring requirements, in the areas specified by the duty. The following excerpt is taken from the report.

"Fifteen (41%) of the authorities that responded said they monitored number of staff in post, compared to 14 (38%) that monitored applications for employment, and 13 (35%) that monitored staff leaving employment. Staff in post was the area where authorities were most likely to say that they analysed the information (nine authorities; 24%).

Only five (14%) of the authorities said they monitored applications for training, compared with eight (22%) that monitored staff receiving training. The same number of authorities (16; 43%) said they had made arrangements to monitor training applications, and training received by staff. In both areas, 10 authorities (27%) did not respond to this question.

Eleven (30%) of the authorities that responded said they monitored disciplinary action, compared with 10 (27%) that reported monitoring grievances, and nine (24%) that monitored performance assessment; 15 authorities (41%) did not answer the last question at all. The results showed that, in all areas, more authorities had made arrangements to monitor than were actually doing any monitoring.

Of those authorities that responded, 28 (76%) were planning to use their website to publish the results of employment monitoring and 26 (70%) were planning to use their annual report. The five authorities (14%) that ticked the 'other' box were going to send a report to a relevant committee or issue a special report instead. Two authorities (5%) said they had yet to reach a decision."

The report notes that although some authorities are making progress in this critical area they are concerned that many are not.

"What about a minority ethnic social evening (in PF Offices)? Ordinary people don't know what the PF is."
(Minority ethnic focus group member, Aberdeen, 31 August 2004)

The following section of the report looks at the performance of COPFS in relation to the duties imposed by the employment legislation.

COPFS Performance in Relation to Employment Duties

"You have to pass information to black and minority ethnic organisations in every situation (job vacancy)."
(Minority ethnic focus group member, Glasgow, 4 October 2004)

Pre-November 2002 Position

A comprehensive paper was compiled by the COPFS Race Team (now Diversity Team) in collaboration with Policy Group in August 2002. The purpose of the paper was to provide a useful outline of a number of issues in relation to ethnic monitoring and the obligations placed on COPFS as a result of the legislation. It provided a summary of the then COPFS position in relation to all the relevant areas (data and information held, recruitment/promotion procedures, training, appraisal and so on). Crucially it was concluded that then current monitoring procedures (as with much of the wider SE) were not wholly sufficient to meet the legislative obligations nor was the Department ready to comply with publication requirements. The paper went on to specify what would constitute good practice with regards ethnic monitoring and listed areas that required further consideration by Personnel Division (in some cases, areas requiring further work), specifying details of the same. The broad areas highlighted were:

• Staff Information
• Monitoring (Personnel IT system)
• Recruitment/promotion
• Appointment of a Diversity Officer
• Appraisal forms
• Training
• Publication of monitoring data

The authors noted that the paper should be read in conjunction with the 'Ethnic Monitoring: A Guide for Public Authorities' publications, which was produced by the CRE in December 2001.

The Current Position

This section will look at current practice in some detail, particularly in relation to the various areas in which ethnic monitoring obligations apply. Further, it will revisit the most important areas identified by the Race Team/Policy Group paper which were identified as requiring consideration.

Staff Information

The need to explain to staff the legal requirements in relation to collection of data was highlighted.

A re-survey of staff ethnicity is planned for 2005. COPFS plan to include additional explanatory material in the covering letter that will accompany the survey to clarify the reasons for and the importance of collection of information.

Monitoring

One of the main points highlighted was the need to consider whether the (then) current IT system utilised by Personnel Division could produce the relevant information in a user-friendly way.

The IT system has subsequently been enhanced to ensure recording requirements could fully be met such that the relevant information could be gathered and held by the system ready for extraction.

However, no alignment with the Scottish Executive's Personnel IT system has taken place, as was also highlighted for consideration.

Recruitment/Promotion

The need to equality proof Assessment Centres being used by COPFS was highlighted.

The contract for conducting Assessment Centres for COPFS is currently out to tender. COPFS should ensure that they equality proof the successful bid if this is not already part of the specification.

The paper also contained a review of current recruitment practice at Area level (as at August 2002). This review noted that, based on information gathered, it appeared that there appeared to be a considerable degree of inconsistency within the recruitment process at Area level. While it is not necessarily wrong to have procedures tailored to suit individual areas it is important that all recruitment practices are kept in line with diversity policies and legislative change.

"You have to involve people to encourage employment (in COPFS and other authorities)."
(Minority ethnic focus group member, Aberdeen, 31 August 2004)

Consequently, the paper included a practical guide to good practice in recruitment at Area level to be read in conjunction with the COPFS 'Recruitment Guide'. The COPFS 'Recruitment Guide' provides a step-by-step guide through the recruitment process at Area Level for non-legal staff up to and including Administrative Officer level. The guide is adhered to throughout the Service.

This practical guide was a commendable piece of work and provided clear easy to follow best practice guidelines for recruitment practice including guidance in respect of:

• Advertising
• Applications
• Sift and criteria
• Constitution of selection panel
• Special needs
• Interview procedures (including post-interview)
• Monitoring

Examples of Regional/Area Initiatives

In light of the efforts made to establish best practice guidelines we asked all 11 Fiscal Areas about how they advertised jobs and advertised the organisation generally, specifically with reference to ethnic minorities. The table overleaf is a summary of their responses.

Appointment of a Diversity Officer

It was noted that COPFS should further consider the appointment of a full-time Diversity Officer (this already being an ongoing consideration at the time).

A Diversity Officer has not yet been appointed - COPFS may wish to give this issue continuing consideration.

Appraisal Forms

The need to consider introduction of an equality objective on the appraisal form for all staff was highlighted.

A mandatory equality objective was subsequently introduced in all staff performance appraisal forms in 2003.

Training

The need to consider how best to take training forward from an anti-racist to a diversity focussed agenda was raised.

This has been taken forward and a diversity awareness programme has been in place since November 2003. This is discussed in some detail later in the chapter.

Publication of Monitoring Data

The need to consider a forum in which to publish staff monitoring data was highlighted. Specifically it was suggested that the COPFS Annual Report may have been appropriate with a separate section which could be devoted to equality.

The Annual Report has now been replaced by an Annual Review, the format of which does not lend itself to publication of detailed monitoring statistics. Consequently, COPFS intend to publish the required data on their website, with consideration being given to an additional forum (such as a specific report).

However, the failure to yet have published monitoring data is a matter which requires immediate attention. This issue is considered further in the following section.

COPFS performance in relation to specific monitoring duties

Given the steps taken in preparation for meeting the various obligations of the employment legislation we look now at COPFS performance against the specific monitoring duties.

The employment duty requires public authorities to have had in place (by 30 November 2002) arrangements for fulfilling, as soon as reasonably practicable, the monitoring duties listed below (and to go on to fulfil these duties):-

• Monitoring, by reference to racial group, numbers of staff in post, applicants for employment, training and promotion.

COPFS actively perform monthly in-house analysis of numbers of staff in post, with reference to racial group (among other factors). Monthly figures are provided to the Management Board and staffing figures are fed in on a quarterly basis to the Race Equality Action Plan. However, for the other 3 categories (applicants for employment, training and promotion), while the information is held in the IT system, it is not actively analysed at present.

Recommendation 8
We recommend that active analysis of applicants for employment, training and promotion should be put in place.

• For those with 150 or more full-time staff, additional monitoring of the numbers who:
• • Receive training
  • Benefit or suffer detriment as a result of performance assessment procedures
  • Are involved in grievance procedures
  • Are the subject of disciplinary procedures; and
  • Cease employment with the authority.

Details of training received by staff are recorded on individual staff records. However, no active analysis of the information held currently takes place.

COPFS do actively perform annual in-house analysis of performance appraisal markings to ensure general consistency of assessment (those involved in this consistency checking have also been on the Diversity Awareness course). As such, any issues in relation to ethnicity (and a number of other factors) would be highlighted as part of this process.

Annual in-house analysis is also undertaken in respect of grievances and disciplinary action. Again, ethnicity is one of a number of variables to which reference is made.

Similarly, numbers who cease employment with COPFS are examined in-house on an annual basis by ethnicity and other variables.

As a quality checking measure we obtained leaver records from Personnel Division covering the last 2 years (2002-03 and 2003-04). This included information on start and end date of contract, grade, office, basic category of leaver code (eg end of contract, resignation, dismissal etc) and ethnicity. No matters for concern were found in either of the years.

Exit interviews are planned for the near future to obtain additional information in relation to reasons for ceasing employment with COPFS.

Recommendation 9
We recommend that active analysis of training received by staff should be put in place.

• Publish annually the results of this monitoring.

Despite performing in-house analysis in a number of key areas (as specified), COPFS have not yet published any of the required monitoring data. We are informed that the data will be published for the first time early in 2005, with information covering the previous 2 years (2003-04 and 2004-05) being made available via the COPFS website.

The CRE report 'Towards Racial Equality in Scotland', as referred to earlier in this chapter, highlighted the fact that publication of monitoring data was an area requiring attention for many public bodies.

While we are encouraged by the fact that specific plans to publish are now in place for COPFS we must raise our concern that it has not yet actually been done.

Recommendation 10
We strongly recommend that publication of monitoring data be taken forward at the very earliest opportunity and we support the use of the COPFS website as a forum via which to publish.

There are 2 particular aspects of employment to which we now return to examine in some detail - recruitment and training.

Recruitment Practice

External recruitment is divided into three main categories - Fiscal Officers, Procurator Fiscal Deputes and Trainee Solicitors.

According to the COPFS Recruitment Guide, all vacancies must be notified to the local job centre and Racial Equality Councils - this is the minimum publicity required to meet the open competition rules. Copying advertisements to RECs is one example of a very positive development over the last few years.

"It's not enough to pass the information on to the RECs - not everyone will hear about it."
(Minority ethnic focus group member, Glasgow, 4 October 2004)

"You have to involve people to encourage employment (in COPFS and other authorities)."
(Minority ethnic focus group member, Aberdeen, 31 August 2004)

Fiscal Officers

Responsibility for recruitment up to pre-employment checks and contract lies with Area Business Managers in liaison with local Procurator Fiscal Offices. The guidance contained in the COPFS Recruitment Guide applies, as noted. Posts are normally advertised locally and tend to be advertised as and when vacancies arise.

Local offices also arrange employment of casual Fiscal Officers as well as offering work placements to students/pupils.

"We are firm believers in equality. People should be treated fairly but not for special treatment because they are Chinese."
(Minority ethnic focus group member, Glasgow, 7 September 2004)

Procurator Fiscal Deputes

Recruitment is carried out on a national basis and is organised by Personnel Division. There are usually either 2 or 3 recruitment schemes per year. Posts are advertised in The Herald, Scotsman and The Firm Magazine.

Trainee Solicitors

Personnel Division undertakes recruitment once a year. Recruitment now takes place 2 years in advance of start date. Posts are advertised in law faculties at universities, The Herald and Scotsman and in the Firm Trainee Solicitor Guide. Recruitment guidance again applies.

The latest figures in respect of COPFS trainee intake reveal that in 2002, 10 per cent of trainees were from an ethnic minority. In both 2003 and 2004, the figure was 13 per cent. COPFS deserve praise for its success in this area.

Recruitment Fairs

Both centrally and locally COPFS attend recruitment fairs targeting those suitable for both general and legal work; for example, COPFS attend the Strathclyde University Law Fair which is attended by final year and diploma students from Strathclyde and Glasgow universities. Similar events take place in other areas. There have also been a number of events aimed at students from minority ethnic backgrounds.

"In Dundee we go to the Universities open days and the Law Society Open Day. We participate in a mini-trials project to engage with the schools."
(COPFS Manager, 1 September 2004)

Recent Developments

COPFS have recently received details of a minority ethnic jobs website and Crown Office intend to advertise vacancies via this channel in the near future. The website address is www.emjobsite.co.uk.

The guidance in the Recruitment Guide will also apply to advertisement of vacancies here.

"You need to go the extra mile, you need positive action."
(Minority ethnic focus group member, Glasgow, 7 September 2004)

Staffing figures

The Cabinet Office publishes six-monthly statistics profiling Civil Service staff across the UK (including breakdowns of gender, disability and ethnicity). Latest published figures reveal that between 1.8 and 2 per cent of all staff employed by COPFS were from an ethnic minority, over the last year (2 per cent as at October 2003, 1.8 per cent as at April 2004).

It is worth noting that relatively small fluctuations in numbers of minority ethnic staff can have a relatively large impact on percentages.

"Do you think 2% minority ethnic staff is enough?"
(Minority ethnic focus group member, Glasgow, 9 August 2004)

COPFS Staff in Detail

Staff in COPFS may be divided into legal and administrative for analysis here. Latest statistics obtained from COPFS show that 1,420 staff were employed as at May 2004 - 473 legal staff (33 per cent of the total) and 947 administrative staff (67 per cent of the total). With reference to legal staff firstly, 4 per cent of Fiscal Deputes (main entry level) were from a minority ethnic as were a further 1 per cent of those at Principal Depute level (promoted posts with management responsibility). There were no minority ethnic staff, however, at the most senior levels (Area Fiscals etc).

With reference to administrative staff, 2 per cent of Fiscal Officers, 1 per cent of Section Managers/Personal Assistants and 3 per cent of staff at Office Manager level were from an ethnic minority. However, again no minority ethnic representation was evident at the most senior levels of administrative staff.

We made several attempts to contact minority ethnic staff to seek their views on a number of issues relating to employment within COPFS. Unfortunately the response rate was too low to draw any general conclusions.

Area Breakdown

Due to small numbers at individual area level some figures are grouped for data protection:

There are difficulties in considering whether the distribution of COPFS minority ethnic staff across Fiscal Areas mirrors the distribution of the minority ethnic population across Scotland. Census data is not conveniently grouped into Fiscal Areas; hence we use an approximate grouping of local authority areas for the purposes of comparison. There are also obvious limitations in looking for representativeness when comparing very small numbers (COPFS minority ethnic staff) with much larger numbers (Scotland's total minority ethnic population). The small fluctuations in COPFS staff numbers (for both staff in general and minority ethnic staff) also mean that profiles are never fixed for any length of time. It is also important to note in this particular context that coverage is not complete in terms of recorded ethnicity (latest published figures show that ethnic origin was unknown for almost 8 per cent of COPFS staff) and this potentially could have a relatively large impact when dealing with already small numbers.

Nevertheless, having considered the distributions, it seems fair to conclude that the proportion of minority ethnic staff in each Fiscal Area is very broadly comparable with the distribution of the total minority ethnic population across Scotland with the apparent exception of the Argyll and Clyde Fiscal Area.

As part of the 5-year Diversity Strategy and Action Plan drawn up by the Scottish Executive, the target (to which Crown Office have also committed) of 1.7 per cent of all staff to be of minority ethnic origin, by 2005, was set; this target, therefore, has been surpassed by Crown Office, therefore, has surpassed this target and again deserves praise for this.

The COPFS percentages of minority ethnic staff are comparable with the Scottish Executive (excluding Executive Agencies) totals of 1.7 and 2.1 per cent, as at October 2003 and April 2004, respectively.

The Scottish Executive has very recently revised their Diversity Strategy and the targets have been revised accordingly. The new targets take account of updated population information from the 2001 Census.

It is important to note that the minority ethnic staff percentages are calculated from data where ethnic origin was known (reported) - staff whose ethnic origin was unknown are excluded from the calculations. Information on ethnic origin is collected via voluntary, self-classification questionnaires. The statistics published by Cabinet Office show that the proportion of staff for whom ethnicity is unknown (for whatever reason) varies amongst departments and agencies.

"It is the government's responsibility to make us aware of our rights and no-one is doing it. There is nothing proactive, reactive only."
(Minority ethnic focus group member, Aberdeen, 31 August 2004)

The CRE Employment Code of Practice also emphasises the need for employers to have full information about their workforce and notes that having less than complete information can undermine effective interpretation of the data.

The code also highlights the importance, in terms of ensuring racial equality policy is effective, of providing basic racial equality training for all their workers, stipulating what is acceptable conduct and what is not in the workplace. The code states that the training should cover:

• The Race Relations Act, this code and the organisation's racial equality policy. The aim should be to make sure workers understand the scope for discrimination in employment, recognise the potential for it in their work and appreciate that they can be held personally liable for it.
• The ethnic diversity of Britain's population and how mutually agreed flexible working arrangements can help to accommodate religious festivals and customs without undue inconvenience or cost to the organisation.
• How conscious and unconscious prejudice can affect the way organisations function and the effects that unfounded generalisations about racial groups and inadvertent bias in day-to-day operations can have on people's chances of obtaining work, promotion, recognition and respect.
• What is acceptable conduct in the workplace and what will not be tolerated.
• Why the organisation has a racial equality policy and strategy and how they apply to its procedures for recruitment, promotion, transfer, training, performance assessment, grievances and disciplinary matters and to workers' individual duties and responsibilities.
• How workers should respond to incidents of racial discrimination or harassment at work.

The CRE acknowledge that this training may be delivered as part of a wider programme of courses but highlight the fact that if this is the case, employers should ensure that they address the differences, as well as similarities, between different kinds of prejudice.

COPFS Training

Racial awareness training was delivered regionally to all COPFS staff between September 1999 and June 2000. Feedback revealed that the training was generally considered as an interesting introduction to the subject. Although it does not come to light in the report on the training there is some evidence to suggest that some members of staff were offended by the training and what was felt as an underlying assumption that staff were racist.

"Chhokar (report) said we were institutionally racist. Crown Office says "We'll diversifyyou" and it caused resentment."
(COPFS staff member, August 2004)

The Centre for Racial Equality in Scotland prepared 2 reports (in 2001 and 2002) for the Department and thereafter the 'diversity awareness' programme was born. The design of this programme took account of the negative staff feedback (largely undocumented though it was) and is consequently much less prescriptive and more about raising awareness of issues in discrimination in relation to a number of areas of which race is only one.

Two pilot courses were run at the end of October 2003 with the courses proper beginning in early November of that year and they have been rolled out at a rate of two courses per week since then.

The following section considers the course in some detail.

COPFS DIVERSITY AWARENESS PROGRAMME - 'SETTING THE STANDARDS'

"There was some reticence before the event about being branded as non-diverse by our employers who anticipate we are very right wing."
(COPFS staff member, August 2004)

The programme is mandatory for all staff and lasts two days. It was designed to meet the particular needs of the COPFS and is delivered by a combination of COPFS staff and outside speakers. The course covers a wide range of equality and diversity issues in addition to racism and institutional racism - disability, sexuality, asylum seekers and so on. It aims to allow participants to explore the ideas of diversity and discuss a wide range of topics. The confidentiality of participants is a key feature of the course to allow views to be expressed, and discussion to be encouraged - the introductory material goes as far as to state:

"The intention is most certainly not to preach at you nor to accuse you of discrimination."

Aims and objectives of the course

To enable staff to:

• Understand how discrimination can happen;
• Recognise discriminatory treatment and its consequences;
• Increase knowledge of COPFS personnel policies such as the Fair Treatment Policy;
• Appreciate one's responsibilities in implementing these policies both within the department and with members of the public;
• Increase knowledge and understanding of different cultures and manners of communication, and the ways in which misunderstanding can arise;
• Gain the knowledge and confidence about how to deal with prejudice and discrimination.

"We tried as a group to get away from race. It is important but other things are important as well."
(COPFS staff member, August 2004)

Feedback

Feedback forms are provided to staff at the end of the course and these are collated then analysed by Crown Office at regular intervals. We see this as an example of good practice.

"There is an extensive review of the course after each course."
(COPFS staff member, August 2004)

The feedback considered here considers courses which were held between October 2003 and June 2004. Closed questions (a tick box system) were used to evaluate the course content and organisation. All other questions were open questions that invited the respondent to express their opinion freely. Due to the inclusion of open questions there is not a one to one relationship between number of respondents (staff who have been on the course) and number of responses, as individuals often gave more than one response to each question eg "Which sessions did you find most useful?" The response to this question invites more than one session to be named.

"The anti-racist seminar was very badly pitched, awareness training is much better."
(COPFS staff member, August 2004)

Generally, the feedback is very good. 88 per cent of respondents reported that the content of the course was either very good or excellent with an impressive 94 per cent rating the presenters of the course in the same two categories. In terms of course content and organisation, timing (of sessions and so on) was the aspect of the course that the highest proportion of respondents - just under a third - rated as only 'satisfactory'. The perception, however, is that the course definitely meets its stated aims and objectives (89 per cent of respondents were completely affirmative in this respect with a further 7 per cent being at least partially affirmative).

"I enjoyed the diversity course and learned a lot."
(COPFS staff member, August 2004)

In terms of which sessions were felt to be particularly useful, asylum seekers/refugees and disability issues were mentioned most frequently. Only 6 per cent of the total number of responses indicated that the session dealing with racism and institutional discrimination was particularly useful. However, the summary information provided by the Diversity Team does not include the reasons why these sessions were felt to be particularly useful - possibilities might include someone knowing least about and therefore learning most from a given session, the session being particularly relevant for the individual or perhaps principles of the session being easy to apply in the office. Without this information it is unfortunately difficult to interpret the significance of the responses given. The Diversity Team may wish to consider ways of analysing this supplementary information so as to better inform feedback.

Likewise the responses to the question asking which sessions were least useful - although it is worth mentioning that 55 per cent of responses given indicated that none of the sessions were least useful.

"The diversity awareness programme was really good, I enjoyed it."
(COPFS staff member, October 2004")

In summary, feedback is very positive indicating that the course is meeting its primary objective of raising awareness of diversity issues among staff. The only slightly negative comment we received was that the course was not prescriptive enough about the obligations imposed by the Race Relations (Amendment) Act 2000. Feedback suggests that perhaps the timing of the course could be improved on, if anything - this is reinforced by the fact that 11 per cent of responses given to the question asking what changes could be made to the course noted that a longer course would be preferable.

"There should be more training on diversity."
(Minority ethnic focus group member, Glasgow, 9 August 2004 - after COPFS training had been discussed)

Following on from the gathering of staff feedback in respect of the Diversity Awareness course Crown Office have also carried out an impact assessment exercise. This involved contacting staff approximately 4 to 6 months after they have been on the course and posing a number of questions regarding change (both personal and office-wide) which may or may not have taken place as a result of having been on the course. Has the diversity awareness programme actually had an impact on the way staff think and subsequently act?

"I learnt a lot and developed my views further."
(COPFS staff member, August 2004)

Staff feedback is split into two categories for analysis - legal and administrative and reveals some interesting findings.

88 per cent of legal staff reported that they are now more alert to the possibility that people who come into contact with COPFS may have different needs, since attending the course. This was also true for administrative staff with 73 per cent reporting the same. Encouragingly high percentages of staff said they were thinking more about how COPFS practices and policies might affect different people since attending the course, although the percentage was noticeably higher among legal than administrative staff (83 per cent as compared with 62 per cent respectively).

Staff were also asked if they thought the Diversity Awareness programme was having any positive effect on COPFS. While the responses are subjective (and not therefore necessarily a measure of positive change), certainly staff's perceptions are a crucial part of the process.

80 percent of legal staff and 66 per cent of administrative staff thought that the course was having a positive effect. Only 5 per cent of legal staff but almost a fifth of administrative staff, however, indicated that they did not think it was having a positive effect (15 per cent of legal and 18 per cent of administrative staff did not respond to the question at all). The summary feedback unfortunately provides no details of what the positive effects are perceived to be in relation to this question.

In respect of all questions that were posed, generally higher percentages of legal than administrative staff reported a greater degree of positive change resulting from having been on the course. A higher percentage of administrative than legal staff, however, (14 per cent as compared with 10 per cent) supplied positive comments in relation to an open-ended question requesting additional comments in relation to any aspect of the impact of the course.

Around a fifth of respondents overall (23 per cent of legal and 15 per cent of administrative staff) reported that they had consulted either the course literature or Diversity home page since attending the course.

"The diversity guidance on deaths is good."
(COPFS staff member, October 2004)

Overall, COPFS are to be commended for the content and implementation of their diversity awareness course. Feedback and, in particular, impact assessment are crucial elements in measuring the success of any programme in terms of meeting its aims. All indications suggest that the course is doing so and it may provide a useful model for other organisations seeking to develop such programmes.

Another major awareness raising initiative is the University of Paisley "Introduction to Professional Practice in Race Equality" organised jointly by the University and West of Scotland Racial Equality Council (WSREC). We estimate at least 50 COPFS staff have completed this very useful course.

Conclusions

COPFS has tried to attract employees from the minority ethnic communities in Scotland. The 2001 Census shows the minority ethnic population of Scotland at 2% and recent figures show that approximately 2% of staff come from a minority ethnic background. COPFS has therefore managed to mirror the national figures and meet the Scottish executive target for minority ethnic staff.

The percentages vary from area to area but we found they are roughly consistent with the local picture.

A number of initiatives and devices have been used to attract people including attendance at schools, career fairs, secondments to and from Racial Equality Councils and others. We found that law as a career was not a popular choice for minority ethnic students but COPFS has had recent success in attracting trainees from a minority ethnic background.

The 2000 Race Relations (Amendment) Act imposed various employment monitoring duties on public bodies and in a survey the Commission for Racial Equality found this was one area where compliance could be better. We found this to be true of COPFS also but there are definite plans to publish (as required) the results of the monitoring; the information is available but needs to be comprehensively collated, analysed and published.

On the training front for all staff a 2-day diversity awareness programme has been designed and rolled out. This included considerable external input and close monitoring has taken place. The feedback is very good and the Department has attempted a subsequent impact assessment. A wealth of material has been provided for staff on the Departmental intranet.