British Broadcasting Corporation

Race Equality Scheme

1

Foreword by the Chairman of the BBC Trust.....................................................3Foreword by the Director-General of the BBC...................................................5Summary of the Race Equality Scheme............................................................5

Review and Extension for 2010-11................................................................5Overview of TV Licensing...............................................................................6TV Licensing objectives.................................................................................6Overview of the BBC Trust.............................................................................7BBC Trust objectives......................................................................................7The BBC Agreement......................................................................................8Overview of digital switchover (i)..................................................................8BBC objectives relating to the Digital Switchover Help Scheme....................9BBC objectives relating to Digital UK activity................................................9Overview of other BBC public functions (ii).................................................10Other BBC public functions (under the BBC Agreement) – objectives.........10

1 Introduction.................................................................................................111.1 The BBC.................................................................................................111.2 Review and Extension of the Race Equality Scheme – 2010-11............121.3 Application of the Race Equality Scheme to Northern Ireland, the Channel Islands and the Isle of Man............................................................12

2 The Race Equality Duty................................................................................122.1 The Race Relations Amendment Act 2000 (RRAA)................................12

3 The BBC’s Race Equality Scheme................................................................144 Key elements of the BBC’s Race Equality Scheme......................................14

4.1 Initial assessment: an identification of relevant functions and policies and an initial assessment of their potential to impact in relation to race equality........................................................................................................144.2 Impact assessments and consultation: arrangements for assessing and consulting on the impact of the BBC’s proposed functions and policies......154.3 Monitoring impact: arrangements for monitoring the impact of BBC activities which are carried out in the pursuance of public functions and related policies............................................................................................174.4 Publishing results: arrangements for publishing the outcomes of equality impact assessments and consultation...........................................294.5 Public access: arrangements for ensuring that the public have access to information and services.............................................................................314.6 Training staff: arrangements for ensuring that staff are trained in order that they understand the duty to promote race equality and their own responsibilities.............................................................................................314.7 Review: arrangements for carrying out a review of the Scheme...........32

5 Implementation and monitoring progress....................................................325.1 Implementation.....................................................................................32

2

5.2 Action planning......................................................................................335.3 Progress monitoring and evaluation......................................................335.4 Race Equality Scheme Performance Summary 2009/2010....................34BBC public functions (under the BBC Agreement).......................................46Other BBC public functions (under the BBC Agreement).............................46

6 The BBC’s broader approach to promoting race ethnic and cultural equality........................................................................................................................48

6.1 BBC Diversity Strategy..........................................................................486.2 Welsh Language Scheme and Gaelic provision.....................................53

7 Assessment of functions and policies..........................................................557.1 The General Duty...................................................................................557.2 Assessing functions and policies...........................................................55

8 Action Plan...................................................................................................92Action Plan 1: TV Licensing function............................................................92Action Plan 2: The BBC Trust in relation to certain functions under the BBC Charter and Agreement (relating to involvement).....................................103Action Plan 3: The BBC in relation to certain functions under the BBC Agreement.................................................................................................108Part A: BBC Actions relating to the Digital Switchover Help Scheme.........112Part B: BBC Actions relating to Digital UK..................................................119Action Plan 3: The BBC in relation to certain functions under the BBC Agreement.................................................................................................124

Annex............................................................................................................127The BBC’s public functions........................................................................127

3

Foreword by the Chairman of the BBC Trust The people of the United Kingdom form a hugely diverse mix of cultures, communities, languages and ethnic backgrounds. The Trust’s commitment to BBC audiences is that the BBC should offer value to everyone in the UK, whatever their background. After all, everyone pays for it. It is the responsibility of the BBC Trust to listen to and understand the views of the public – in all its diversity – in order to ensure that the BBC achieves this as well as it can among every section of UK society.

This Race Equality Scheme is just one way the BBC contributes to enhancing the lives and meeting the distinct and varied needs and expectations of its audiences from different ethnic and racial backgrounds. The BBC published its first Race Equality Scheme in 2003. It was revised in 2007 and now again in 2010. The scheme outlines the framework for how the BBC will develop, assess, implement, monitor and review its work towards achieving equality for people from different race and ethnic backgrounds in relation to its relevant public functions.

It is the BBC Trust’s responsibility to both assess and hold to account the BBC Executive’s performance in delivering the BBC’s services and activities. This includes the BBC’s performance in meeting all of its equalities duties. The Trust is fully committed to the principles behind the equality scheme, which seek to eliminate unlawful discrimination and promote equality and positive relationships and takes its role of overseeing the BBC Executive in this area very seriously. However, the Trust recognises that for the Equality Scheme to really make a difference, the focus needs to be on how the BBC changes as a result and in ways which improve the lives of people from different ethnic or cultural backgrounds. The Trust will continue to work with the BBC Executive on this.

The recent review of the Race Equality Scheme gave the BBC the opportunity to reflect on its performance in meeting its objectives and actions over the last three years. Each of the BBC’s public function areas (e.g Digital Switchover, Television Licensing, regulatory functions of the Trust and a miscellaneous collection of activity including emergency and defence announcements) captured in the scheme were required to review their set of objectives and actions on the basis of progress and evidence gathered to date. In addition, the different public function areas were asked to review the sections on implementation and monitoring progress, capturing their performance and outcomes achieved during the past three years.

The Trust is pleased that progress has been made in a number of areas across the BBC. Both Television Licensing (TVL) and the Digital Switchover Help Scheme have worked closely with voluntary sector organisations to ensure that their services are accessible and appropriate for the wide range of licence fee payers’ different needs. This has resulted in an improved complaints system for TVL and more considered and tailored communication by the Digital Switchover Help Scheme. However, based on what people tell us we know that more could be done. The Trust will,

4

therefore, be monitoring those areas marked for improvement over the forthcoming year.

The Trust also welcomes all the other activity which the BBC undertakes to ensure that it is fulfilling its Charter commitment of serving the needs of all audiences. Through the annual reporting of the BBC Executive’s Diversity Strategy we will make sure that this good work continues.

Following the enactment of the Equality Bill this year, the BBC will be working on a Corporate Equality and Diversity Plan to replace this and its two other Equality Schemes (Disability and Gender) in Spring 2011. The bringing together of the new and existing equality strands into one accessible document will be an important project for the BBC over the course of the year, and one which the Trust will be closely involved in.

It is a huge challenge to meet the needs of all licence fee payers and the Trust will work hard to engage with the many diverse audience groups to assess how well the BBC is serving them – this commitment is reflected in the Trust’s own set of objectives. The Trust is committed to extending the range of tools it uses to listen to the public, so as to ensure that it reaches those who may feel disconnected from the BBC.

As the Chairman of the BBC Trust I am personally committed to ensuring that we get the best out of the BBC for all licence fee payers and will continue to challenge the BBC Executive to ensure that it finds the best way to provide distinctive services of the highest quality to all the people and all the communities across the UK.

Sir Michael Lyons

Foreword by the Director-General of the BBC I am delighted to join Sir Michael in introducing our Race Equality Scheme, which was recently reviewed and extended for the next 12 months while we await new duties under future equality legislation.

The BBC is deeply committed to ensuring diversity is embedded within everything that we do. Responding meaningfully to our responsibilities under the Race Equality Duty is one part of our Diversity Strategy, and our Race Equality Scheme sets out our commitments across those of our public services which are subject to the duty.

I am extremely proud of what we have achieved over the last three years both in relation to the Race Equality Duty and our broader commitment to diversity. Making sure that anyone can buy a TV licence and that no one is left behind in the switch to digital television is a critical responsibility for us, and ensuring that those delivering services on our behalf do so in an inclusive and non-discriminatory way has also been a key feature. It is one of our key challenges for the coming year to maintain the high standards we have set.

Our Journalism Trainee Scheme and Journalist Talent Pool have been hugely successful in attracting greater ethnic and social diversity among trainee journalists, and were shortlisted for an award by Race for Opportunity.

5

Fantastic content loved by our audiences has included No. 1 Ladies Detective Agency, Small Island, Mrs. Mandela, seasons on India and Pakistan and Abolition. I am looking forward to taking the chair of the Cultural Diversity Network and achieving more in partnership with other broadcasters.

There is more to do of course; our audiences and the BBC Trust have high expectations of us and rightly so. Diversity should be an integral part of how we operate precisely because of how we are funded. We look forward to preparing our Corporate Equality and Diversity Plan, based on our Diversity Strategy and informed by our diverse audiences, which we will publish in April 2011.

In the meantime my directors and I will remain vigilant about our progress on race equality through the BBC Diversity Board, which I chair.

Mark Thompson

Summary of the Race Equality Scheme

Review and Extension for 2010-11The BBC was due to review in full its Race Equality Scheme and, in advance of the Equality Bill, develop a Corporate Equality and Diversity Plan to replace all three of its equality schemes. However, keen to understand fully any new duties, the BBC has decided to wait for the new legislation to pass before setting a new three year plan.

This document represents a reviewed and extended Race Equality Scheme which has been extended for 12 months. This process has involved reviewing each of the objectives and actions on the basis of progress, evidence gathered to date, involvement and consultation. It also contains progress reporting for the third year of the RES and an update of the substantive document.

The BBC will develop a single plan on the breadth of its equality and diversity commitments and activity. A Corporate Equality and Diversity Plan will be developed to respond to the new equality duty, ready by 1 April 2011. (Note: These timings are based on the proposed legislative timetable which is yet to be finalised by government.) This plan will enable the organisation to communicate how it is:

Meeting new legal requirements in the shape of a new equality duty Keeping diverse audiences at the heart of everything the BBC does Presenting a positive and coherent picture of the complete range of our

equality and diversity activity

Overview of TV Licensing ‘TV Licensing’ is a trade mark of the BBC and is used under licence by companies contracted by the BBC to administer the collection of television

6

licence fees and enforcement of the television licensing system. (Note: The majority of administration is contracted to Capita Business Services Ltd., with cash related payment schemes contracted to Revenues Management Services Ltd. Over-the-counter services are provided by PayPoint plc. Marketing and public relations activities are contracted to the AMV Consortium. This consortium is made up of the following four companies: Abbott Mead Vickers BBDO Ltd., Fishburn Hedges Boys Williams Ltd., PHD Media Ltd. and Proximity London Ltd. The BBC is a public authority in respect of its television licensing functions and retains overall responsibility.). In 2003, TVL developed a Race Equality Scheme which set out how it aimed to put race equality at the centre of its work. The Scheme was incorporated into the BBC’s first Race Equality Scheme (RES) in 2005. Since then, TVL has monitored its activity against the previous Schemes and reassessed its existing policies and functions in order to formulate high-level objectives. A comprehensive Action Plan (reviewed and updated for 2010-11) has also been established to ensure that people of all ethnic and cultural groups experience and receive appropriate and accessible TVL information, advice and targeted support services.

TV Licensing objectives 1 To communicate, wherever practicable, in a way that is accessible and

appropriate to facilitate a clear understanding of television licensing obligations for all sections of the community.

2 To ensure that all BBC TVL staff and contractors fully understand their duty to promote race equality and are active in implementing actions identified.

3 To continually review and, wherever possible, improve or develop service support (including technology) to provide accessible and convenient support and advice services and to encourage all sections of the community to engage with TVL as necessary.

4 To develop and maintain a strategic and systematic approach to integrating race equality into all TVL activities.

5 To maximise the potential for data and information management systems to enhance and promote race equality.

6 To develop and maintain strategic leadership and commitment to the broad implementation of the RES and the TVL Action Plan.

7 To ensure that all payment methods and processes are accessible and appropriate for a range of needs and lifestyles.

8 To ensure a strategic approach to integrating race equality into all TVL procurement activities.

Supporting each of these objectives is a list of specific actions. Examples of some of these are: Conducting equality impact assessments on relevant communications and

policies which are being developed or reviewed. Continuing to make communications representative and available in a

range of styles, formats and languages.

7

Continuing to carry out research to determine whether customers from differing ethnic or cultural groups have varying experiences of TVL.

Continuing to impose contractual obligations on contractors to comply with legal obligations including the Race Equality Duty and this Scheme and monitoring their compliance.

Overview of the BBC Trust The BBC Trust is the governing body of the BBC. The Trust is here to make sure the public who own and pay for the BBC get the best out of the BBC. The Trust sets the strategy for the BBC and hold the Executive to account. The Trust’s work includes deciding whether or not to allow the BBC to launch a new service or significantly change an existing one; reviewing the performance of the BBC’s services and setting the BBC’s complaints framework. When carrying out these activities the Trust takes into account the views and needs of audience groups in their full diversity. The Trust does this by commissioning new and reviewing existing audience research, carrying out consultations, drawing on the work and insight of the Audience Councils and holding public and stakeholder meetings.

Preparing for this revised version of the Race Equality Scheme involved a combination of monitoring the information collected, reviewing and assessing performance and evidence gathered over the last three years and internal and external stakeholder involvement. The following set of objectives and actions have been developed based on the insight this activity has provided.

BBC Trust objectives Objective 1We will operate in a way that means that anyone can have their say and contribute to our work. Our processes will be accessible and we will tackle the barriers for audiences wanting to engage with us.

Objective 2We will be proactive in reaching audiences, including minorities and the seldom heard.

Objective 3In our work we will carefully consider the full range of contributions and evidence so that our decisions are fair, independent and impartial and do not discriminate against any audience groups. To further this we will take action to address key issues that have emerged, so that, where appropriate and necessary, we and the BBC Executive deliver change in the interests of all audiences.

Objective 4We will share our findings and conclusions in a way which is accessible, open and transparent.

8

Supporting each of these objectives is a list of specific actions. Examples of some of these are: Where practical and/or possible we will hold meetings with audiences in

locations which will be attended by a fair representation of people from different ethnic/cultural backgrounds - unless the meeting is specifically targeted at one particular group

The Trust will proactively encourage and work to ensure that there aren’t any barriers for people from different ethnic/cultural backgrounds to become members of the Audience Councils, so that as far as possible they reflect the diversity of society they represent.

An Equality Impact Assessment will be conducted prior to us commencing any new policy/project/review which is carried out as part of a public function.

Where possible use alternative and more tailored methods for reaching those people from different ethnic/cultural backgrounds who do not routinely participate or are unable to participate in our online consultations.

The BBC Agreement In addition to the Royal Charter, the BBC has entered into a Framework Agreement with the Secretary of State for Culture, Media and Sport. This Agreement deals with a number of the BBC’s public functions, including: 1 Digital switchover, including the Digital Switchover Help Scheme, and 2 Some others – in particular, access to UK public services

Overview of digital switchover (i) In September 2005, the Government announced that digital switchover (changing the television broadcasting network to digital) would take place between 2008 and 2012. The television broadcasting network is changing to digital-only, and the public will have to convert or upgrade their TV and recording equipment to receive digital television. Digital UK is the independent, non-profit organisation set up at the request of the Government to manage all communications with the public regarding digital switchover. Digital UK provides impartial information on what people need to do to prepare for the move to digital television. Digital UK is owned by the UK’s public service broadcasters and the transmission companies SDN and National Grid Wireless.

The BBC and Digital UK are fully committed to making sure that the communications needs of people from a wide range of cultural and ethnic communities are listened to and properly considered in the planning, implementation and review of digital switchover rollout. The BBC and Digital UK have worked together to develop this Race Equality Scheme and over the last three years have put into place systematic processes for assessing the communications and information needs of diverse communities and for monitoring progress in meeting those needs.

9

To help ensure that everyone can switch more easily to digital TV, the BBC will manage a Help Scheme for people who need it most, focused on providing practical assistance and support for people aged 75 years and over, people who receive Disability Living Allowance, Attendance Allowance and other qualifying benefits, and people who are registered as blind or partially sighted. The BBC has set up a subsidiary, Digital Switchover Help Scheme Ltd (DSHS Ltd), to deliver this function.

BBC objectives relating to the Digital Switchover Help Scheme 1 To ensure that the Help Scheme engages all eligible people in need of

assistance, and supports them through their customer journey

2 To ensure that Help Scheme public information is appropriate, sensitive and accessible for people from all ethnic and cultural groups e.g. face to face contact, printed materials and broadcast media.

3 To involve and consult with eligible people and their representative bodies from all ethnic and cultural groups in the delivery and development of the Help Scheme.

4 To gather and use information effectively in order to monitor and assess the impact of current and planned operational processes, policies and practices on people from all ethnic and cultural groups.

5 To ensure effective internal monitoring and evaluation of the Help Scheme Race Equality Scheme outcomes.

6 To ensure that DSHS providers are promoting race equality through their responsibilities under contract.

7 To ensure that the Help Scheme is feeding into, and learning from best practice.

Supporting each of these objectives is a list of specific actions. Example of some of these are: Providing accessible information Involving people using the Help Scheme to inform the development

delivery of the help Scheme Monitoring the performance of contractors against their duties to promote

gender equality Conducting Equality Impact Assessments to inform operational processes,

policies or practices

BBC objectives relating to Digital UK activity 1 To aim to provide appropriate, responsive and sensitive communications

advice to different ethnic and cultural communities.

2 To ensure that the transition to digital-only broadcasting is a fully inclusive process.

10

3 To ensure that all digital switchover related information and modes of communication are appropriate, flexible and accessible for target audiences.

4 To consult with a range of ethnically and culturally diverse communities in the planning and rollout of digital switchover.

5 To gather and use information effectively in order to monitor and assess the impact of current and planned digital switchover policies and practices with regard to race equality.

6 To ensure effective internal monitoring and Race Equality Scheme outcomes evaluation.

Supporting each of these objectives is a list of specific actions. Examples of some of these are: Providing accessible information

Regularly tracking levels of awareness and understanding of the switch to digital on the basis of disability and taking any action to address any significant differentials between disabled people and non-disabled people

Undertaking research to further understand differentials in understanding and behaviour between different groups, including disabled people

Working with voluntary and community sector organisations

Evaluating experience of the switch to digital region by region to inform future communications

Overview of other BBC public functions (ii) Under the terms of the Agreement, the BBC must meet a series of access commitments relating to the provision of all UK public services and ensure that important public, security and defence announcements are accessible to diverse communities, as well as public documents such as the Annual Report. Various key departments across the BBC contribute to meeting these commitments. As public functions of the BBC, these are now clearly documented within this Scheme in respect of their relevance to the General Duty. Systematic processes for assessing and monitoring current or future access as effective and appropriate for diverse communities have been in place for the last three years, and will continue during 2010-11.

Other BBC public functions (under the BBC Agreement) – objectives 1 To anticipate and wherever practicable meet the diverse needs of the

diverse communities who access or seek to access UK public services.

2 To ensure that specific financial information is fully accessible, through meeting the various communication needs of different communities.

3 To ensure that people of different ethnic and cultural backgrounds have equal access to specific public information announcements.

11

Supporting each of these objectives is a list of specific actions. Examples of some of these are: The BBC will, when planning or developing future access services, consider

the potentially differing impact or needs requirements of people from diverse ethnic and cultural backgrounds.

The BBC will ensure that copies of the Annual Report and Accounts take account of the communication needs of all groups and of any specific access needs.

1 Introduction

1.1 The BBC The British Broadcasting Corporation (BBC) is established as a corporation by Royal Charter. The first Royal Charter was granted on 20 December 1926 and the BBC has subsequently been continued by further Royal Charters, the most recent of which was granted on 19 September 2006. This continues the Corporation for a period of 10 years from 1 January 2007.

The Royal Charter essentially defines the powers of the BBC and its constitutional arrangements, and states that the BBC is to be independent in all matters concerning the content of its output, the times and manner in which this is supplied and in the management of its affairs.

In addition to the Royal Charter, the BBC has entered into a Framework Agreement with the Secretary of State for Culture, Media and Sport. This Agreement deals with a number of important matters, including the following: A statement of the services which the BBC is to provide as at the

commencement date of the Charter The process which is to be followed for subsequent additions or changes to

the BBC’s public services, including the use of the Public Value Test under which the public value of the BBC’s services is to be compared with any potential market impact which a new or varied service may have

The obligations on the BBC in relation to the achievement of digital switchover including managing delivery of the Digital Switchover Help Scheme

The regulatory obligations which apply to the BBC UK public services The arrangements relating to the provision of the World Service Fair trading and competitive impact provisions The BBC’s commercial services Complaints The BBC’s relationship with Ofcom A number of other miscellaneous and general matters

12

The BBC is mainly funded by the television licence fee, the collection of which by the BBC is authorised by section 365 of the Communications Act 2003. After collection the BBC is obliged to pay the sums received to the Government. Under the terms of the BBC Agreement, sums equal to the amounts collected by the BBC are paid to the BBC, after deduction of the Government’s administration costs. The World Service is funded separately by the provision of grant-in-aid from the Foreign & Commonwealth Office. There are also separate companies which operate at arm’s length from the BBC. These carry out a number of commercial activities (for example, the sale of magazines, books, DVDs and CDs). The profits arising from these activities are returned to the BBC and used in support of licence fee-funded services.

1.2 Review and Extension of the Race Equality Scheme – 2010-11The BBC first re-developed this Scheme in 2007 and was due to undertake a three-year review of the Race Equality Scheme during 2009-10. The BBC had committed to develop a single plan which would replace its three equality schemes (including the Race Equality Scheme) and respond to any new responsibilities under the new public sector equality duty set out in the Equality Bill. However, the BBC decided to review its existing equality schemes (including the Race Equality Scheme) and extend each one for a period of 12 months – up until the point at which it is expected that the new public sector equality duty will come into force. The BBC is keen to understand in full its duties under the new legislation, particularly as it understands its responsibilities will change and that the new duty will apply to more of its activities. This document represents a Race Equality Scheme document which has been reviewed and extended for 12 months. This process has involved reviewing each of the objectives and actions on the basis of progress, evidence gathered to date, involvement and consultation. It also contains progress reporting for the third year of the RES and an update of the substantive document.

The BBC will develop a single plan on the breadth of its equality and diversity commitments and activity. This Corporate Equality and Diversity Plan will be developed to respond to the new equality duty, to be published by 1 April 2011. This plan will enable the organisation to communicate more effectively how it is:

Meeting new legal requirements in the shape of a new equality duty Keeping diverse audiences, including people from different ethnic and

cultural groups, at the heart of everything the BBC does Presenting a positive and coherent picture of the complete range of the

BBC’s equality and diversity activity

The BBC has reported annually against this Scheme during the last three years. Summaries of performance during years 1 and 2 of the equality schemes including the Race Equality Scheme can be found at http://www.bbc.co.uk/aboutthebbc/policies/diversity.shtml A summary of performance in year 3 is contained later in this document in section 5.4.

13

1.3 Application of the Race Equality Scheme to Northern Ireland, the Channel Islands and the Isle of Man The equality duties do not legally apply where the BBC is exercising public functions outside Great Britain. However, it has been determined that, so far as is practicable, the BBC will voluntarily apply standards which are substantially similar to the equality duties when exercising its public functions across the United Kingdom, in the Channel Islands and in the Isle of Man.

2 The Race Equality Duty

2.1 The Race Relations Amendment Act 2000 (RRAA) The Race Relations Act (1976) was amended in 2000 so as to require public authorities to fulfil a Race Equality Duty known as the General Duty. This Duty encompasses requirements:

To eliminate unlawful racial discrimination To promote equality of opportunity between persons of different racial

groups To promote good relations between persons of different racial groups

As well as the general statutory duty to promote race equality, certain public authorities are also bound by specific duties. The specific duties are set out in the Race Relations Act 1976 (Statutory Duties) Order 2001 (“the Regulations”). One of these specific duties requires public authorities to prepare and publish a race equality scheme which should explain how the public authority will meet both their general and their specific duties under section 71 (1) of the Race Relations Act.

The Race Equality Duty applies to the BBC “in respect of its public functions” (Schedule 1A to the Race Relations Act 1976 and Schedule 1 to the Regulations). This means that not all functions of the BBC are subject to the requirement to fulfil the Race Equality Duty.

The BBC believes that the correct approach to defining its public functions is to look at the nature of the function involved rather than the nature of the body carrying out the function or the nature of its funding. For this reason, regulatory functions are likely to be public functions, whereas the BBC’s output-related activities (for example newsgathering and programme-making) are not.

The application of general principles of this type to specific situations involves detailed analysis which it would not be appropriate to set out in this document. However, the result of the analysis which has been carried out – that is, a definition of those functions of the BBC which are considered to be public functions – is set out in the Annex to this Scheme.

Section 3 of this Scheme sets out what the BBC already does or intends to do in order to fulfil the Race Equality Duty in respect of each of these functions.

In addition, section 6 sets out the BBC’s broader approach to promoting race equality in the wider context of the BBC’s Diversity Strategy. Various specific

14

actions and targeted initiatives are detailed as well as examples of more long-standing and routine good practice across the BBC. Although these are not requirements under the Race Equality Duty, they demonstrate the BBC’s positive and inclusive approach towards people who belong to different ethnic groups or cultural backgrounds, as employees, audiences and TV licence fee payers.

15

3 The BBC’s Race Equality Scheme The BBC’s Race Equality Scheme forms a part of the BBC’s overall commitment to equality and diversity. The Scheme outlines the framework which the BBC uses to systematically assess or reassess (see section 4.1) its public functions and policies in respect of race equality. It also shows how the BBC will now develop, implement, monitor and review its work towards achieving equality for people who belong to different ethnic and cultural groups, in relation to the BBC’s relevant public functions. The Scheme is a tool to help promote race equality at the centre of the BBC’s work and specifically across relevant areas such as TV licensing, digital switchover (including the Help Scheme) and the BBC Trust’s operations.

The Race Equality Scheme aims to build on a strong foundation of existing good practice and expertise. The BBC has always sought to address any identified gaps and barriers to delivering fair, accessible and appropriate services. It has also sought to protect the rights of people from different ethnic and cultural groups both at work and in the wider community and to engage with them in order to understand their concerns and meet their needs wherever possible. This Scheme, therefore, aims to ensure full compliance with the General Duty with regard to the BBC’s public functions.

4 Key elements of the BBC’s Race Equality Scheme The Equality and Human Rights Commission has set out seven key elements or principles on which the Race Equality Scheme should be based. Under each element there is a list of ways by which the BBC will work to deliver its commitment to race equality. The seven key elements are:

4.1 Initial assessment (existing functions and policies)

4.2 Impact assessments and consultation

4.3 Monitoring impact (including complaints)

4.4 Publishing results

4.5 Public access to information and services

4.6 Training staff

4.7 Review

In addition to addressing each of the statutory requirements listed above, this Scheme also contains a distinct Action Plan (see section 8). The Action Plan serves to pull together a series of identified actions from each of the BBC’s relevant public functional areas, in order to ensure a robust and consistent approach to tackling any evidence that policies and functions may not be in line with the General Duty and to ensure that race equality is positively promoted wherever possible (see section 5.2 for more detail).

16

4.1 Initial assessment: an identification of relevant functions and policies and an initial assessment of their potential to impact in relation to race equality The methodology which the BBC has used to assess the relevance of its public functions (or the policies and practices relating to the performance of those functions) to race equality is in line with standard Equality and Human Rights Commission guidance.

The three-year reassessment (review) of all television licensing functions and policies has now been brought together within this substantially extended and updated Scheme, with the formal race equality assessments of all new and additional functions and policies. These formal assessments were first carried out during early 2007 by other relevant parts of the BBC (in particular the BBC Trust and DSHS Ltd) and outcomes are reflected within the corresponding Action Plan for 2007–2010 (see section 7 for Assessment Grid and section 8 for Action Plan). This process was repeated during 2009-10 in order to extend this Scheme for one year, pending new duties expected in future legislation.

4.2 Impact assessments and consultation: arrangements for assessing and consulting on the impact of the BBC’s proposed functions and policies

4.2.1 Equality impact assessments The BBC has developed a corporate Equality Impact Assessment (EIAs) toolkit for each of the areas in the organisation which have public functions to ensure a systematic and consistent approach to assessing existing or potential differential impact or specific requirements. This was developed in line with good practice and has been revised during the last three years. Each of the action plans in section 8 contains actions relating to how those areas of the BBC will undertake EIAs.

Equality impact assessments will help the BBC to: Identify any adverse impacts in carrying out the relevant public functions

(or implementing policies and practices related to those functions) Identify unmet needs which may become apparent when carrying out the

relevant public functions (or implementing policies and practices related to those functions)

Ensure that action is taken to address identified areas above Inform future (race) equality action planning and reviews of the Race

Equality Scheme

During the last three years, each of the areas of the BBC which have public functions has conducted EIAs. In year 1 of the Scheme, a programme of retrospective EIAs was developed which informed each of the Action Plans for that first year. In subsequent years, EIAs have informed new policies, new services, public consultations and projects across each of the public function areas within the BBC.

17

Any new policy or practice relating to a BBC public function (or any new function which is identified as public by the BBC) will be tested for relevance to race equality and considered for an equality impact assessment as a matter of course, and the outcomes of those conducted will be used to inform future review of the Scheme.

EIAs conducted by the BBC in relation to TV Licensing and the Digital Switchover Help Scheme can be found at: http://www.bbc.co.uk/aboutthebbc/policies/diversity.shtmlEIAs conducted by the BBC Trust are available at: http://www.bbc.co.uk/bbctrust/about/how_we_govern/diversity_equality/equality_impact_assessments.shtml

4.2.2 Consultation – EIAs Where a full equality impact assessment is identified as relevant and proportionate to the duty to promote race equality, the following consultation mechanisms will be considered: Consultation with and involvement of colleagues from within the BBC and

other broadcasting industry groups. Consultation and involvement with a range of organisations of and for

people from diverse ethnic or cultural backgrounds and from different locations across the UK.

Questionnaires, surveys and other forms of information-gathering published in appropriate media including print, broadcast and online, and provision for translation or interpretation where necessary or on request.

Focus groups held in suitably diverse locations which meet appropriate access requirements and consider appropriate language and cultural needs.

4.2.5 General consultation and other research The above activities may also be carried out at appropriate intervals as part of other wider consultation activities, and relevant information or evidence have been used to assess and monitor impact, inform action and influence this Scheme. For example, regular annual consultation by the Digital Switchover Help Scheme has informed the equality objectives for that set of public functions for 2010-11. Equally, a consultation commissioned by the BBC Trust with a wide range of stakeholder organisations informed the Trust in reforming their equality objectives set out in this reviewed Scheme (see 4.3.2 for further information).

The outcomes of previous relevant consultation have informed this Scheme over the last three years and in particular the Action Plan.

Information and evidence gathered through consultation or any other research in future will be used to:

18

Systematically identify barriers and gaps which may impact negatively on people from differing ethnic or cultural backgrounds

Inform Race Equality Scheme review processes and any additional work areas which fall outside its scope

Benchmark against other broadcast industry providers and allow for broad comparison against a range of other public bodies where appropriate

Understand and wherever possible respond appropriately to diverse and constantly changing needs

Examine and assess outcomes Inform future planning processes and target setting where appropriate Over the three years of the Race Equality Scheme the key areas of the BBC with the responsibility to promote race equality (collecting the licence fee, the switch to digital and the BBC Trust’s regulatory activities) have conducted consultation. These include the annual consultations performed by the Digital Switchovers Help Scheme which must inform the delivery of the Help Scheme and community engagement activity by Digital UK through their partners Digital Outreach Consortium Ltd. As part of the review process during 2009-10, the BBC Trust ran a consultation exercise which involved in-depth interviews with 30 stakeholder organisations to assist the Trust to evaluate the existing race equality objectives over the next 12 months and beyond (see section 4.3 plus constituent parts of the Action Plan for more detail).

4.3 Monitoring impact: arrangements for monitoring the impact of BBC activities which are carried out in the pursuance of public functions and related policies This section provides examples of how the BBC monitors and will continue to monitor its own performance and thereby examines the potential impact of its current activities and processes across the three main public function areas:

TV Licensing (TVL) BBC Trust Digital switchover, including the Digital Switchover Help Scheme

(DSO)

4.3.1 TV Licensing ‘TV Licensing’ is a trade mark of the BBC and is used under licence by companies contracted by the BBC to administer the collection of television licence fees and enforcement of the television licensing system. (Note: The majority of administration is contracted to Capita Business Services Ltd., with cash related payment schemes contracted to Revenues Management Services Ltd. Over-the-counter services are provided by PayPoint plc. Marketing and public relations activities are contracted to the AMV Consortium. This consortium is made up of the following four companies: Abbott Mead Vickers BBDO Ltd., Fishburn Hedges Boys Williams Ltd., PHD

19

Media Ltd. and Proximity London Ltd. The BBC is a public authority in respect of its television licensing functions and retains overall responsibility.)

Community relations activity The TV Licensing community relations campaign encompasses both national and local activity across all regions of the UK. The programme reaches out to communities and individuals, including those who do not have English as a first language, through relevant voluntary and public sector groups and organisations.

This ongoing campaign focuses on contacting organisations, updating them on the latest TV Licensing developments, encouraging them to pass on information to individuals about the legal requirement to buy a TV licence and the many ways to pay. By raising awareness, TV Licensing aims not only to reduce evasion and increase TV Licence sales, but also assist people in avoiding the risk of prosecution for not having a valid TV Licence. As it is a criminal offence not to have a TV licence when one is required, this campaign is especially important.

National umbrella organisations TV Licensing community relations activity seeks to build relationships with key national umbrella groups representing multilingual communities. For example, TV Licensing liaised with the British Federation of Race Equality Councils in 2009 via a mailing to all race equality councils in England, Scotland and Wales. TV Licensing sends a mailing to the race equality network annually to highlight the multilingual resources available including the leaflets and the translation service (see below) and provide any relevant updates.

Another example is the Northern Ireland Council for Ethnic Minorities (NICEM), which TV Licensing regularly supplies with multilingual literature for distribution to its members and contacts, in addition to frequent updates on TV Licensing information resources and payment schemes. The organisations TV Licensing works with have been chosen on the strength of their reputations and the breadth of their local networks.

Local activity Various TV Licensing campaigns target local areas using the full range of integrated communications activity, including community relations, media relations, direct mail and advertising. During 2007 - 2010, TV Licensing worked with over 500 organisations in a vast range of local communities, distributing more than 120,000 items of literature. These organisations included local authorities, community groups, housing associations, advice centres, libraries, employers and Race Equality Councils.

Multilingual resources TV Licensing understands the need to communicate with local communities in a range of different languages to ensure that people who do not have English as a first language have access to accurate information. TV Licensing consults

20

with government agencies and non-governmental organisations on the appropriate language selections for multilingual resources in the UK. It is also informed by the experience of TV Licensing enquiry officers’ face-to-face contact with customers. The TVL Easy Ways to Pay leaflet is now available in the following 19 languages, in addition to English and Welsh: Albanian, Arabic, Bengali, Chinese, Gaelic, Greek, Gujarati, Hindi, Polish, Portuguese, Punjabi, Russian, Serbo-Croat, Slovakian, Somali, Tamil, Turkish, Urdu and Vietnamese.

Following the launch of the new Community Relations section on the TVL website in 2005, all information and materials, including multilingual resources, can be downloaded by advisers or individuals.

TV Licensing offers an interpreting service in over 180 languages. This enables instant connection to a translator to provide a three-way conference call with an operator, the translator and the customer.

Media relations TV Licensing targets relevant print and broadcast media, including non-English outlets, as part of its ongoing media relations campaign to reach local communities who do not have English as their first language. TVL routinely contacts minority ethnic media outlets throughout the UK.

Targeting specific groups TVL recognises that new arrivals to the UK, including asylum seekers and refugees, could be unaware of the legal requirement to have a TV Licence.

TVL is consulting the National Asylum Support Service and local support groups to seek assistance in distributing TV Licensing information to accommodation providers and advisers working with asylum-seeking and refugee groups. Targeting groups serving multilingual communities is a core part of our local programme. Organisations we have worked with include the Northamptonshire Polish Group, Institute of Asian Businesses, Newham African Caribbean Resource Centre, Newry and Mourne Ethnic Minority Support Centre and the Pakistan Community Centre Peterborough.

TV Licensing information is included in the Citizens’ Handbook, a resource given to those seeking UK citizenship. TV Licensing is in regular contact with the Department for Work and Pensions – who co-ordinate the Handbook – to ensure information in it is up-to-date and discuss ways of passing on information to new citizens.

Payment options TV Licensing is aware that some people prefer to make cash payments and will therefore continue to accept cash payments for TV licences. The Cash Easy Entry payment scheme is now open to anyone who wishes to pay in this way (previously it was only available to those on income-related state benefits).

Procurement activities

21

When TV Licensing goes through the procurement process, bidders are required to complete a corporate social responsibility questionnaire which includes a number of questions in relation to their commitments to comply with the Race Equality Duty. In addition, all contractors are contractually obliged to comply with BBC TVL policies, including the Race Equality Scheme.

Specific research for monitoring purposes Visiting and prosecutions TVL commissioned a UK-wide research project to examine whether enforcement procedures result in a disproportionate volume of evaders from certain ethnic groups being prosecuted. Using Census data, the analysis was based on the presumption that if there is some racial bias then it will be reflected in higher ratios of visits or a higher rate of prosecutions within areas with higher ethnic concentrations.

The Census data for 2009/10 demonstrated that while there was a positive correlation between areas with high ethnicity and prosecutions, this positive correlation was a direct consequence of the level of evasion in the areas of high ethnicity rather than as a result of bias in enforcement processes. TV Licensing is continuing to consider this area in relation to visiting (see Action Plan 1, objective 2).

Data collection for monitoring purposes Satisfaction surveys and reporting issues A new category is included in monthly customer satisfaction surveys to ensure that there are no issues in TVL’s dealings with customers from different racial groups. The survey will remain random, but will allow for tracking of whether anyone has had any negative dealings as a result of their race (as well as considering the number of customers from different racial backgrounds surveyed).

4.3.2 BBC Trust The BBC Trust is committed to monitoring the diversity of the participants of its public meetings, audience research and online consultations. This information is held and regularly reviewed by the Trust’s Diversity Advisor and the department’s Equalities Working Group. It is used to inform the Trust where efforts need to be made to achieve a more representative participation of licence fee payers.

Evidence to date shows that certain Trust engagement methods, such as the online consultations does not result in a representative sample of Black and Minority Ethnic audiences participating. However, the Trust is very mindful of this issue and has been using other engagement methods such as: leaflets; on-air trails (which have aired just prior to those programmes which have a high reach with BME audiences); targeted correspondence; stakeholder events and visiting shopping centres across England to try and reach these groups.

As part of the review of the Race Equality Scheme the Trust commissioned a research agency to carry out an involvement exercise with a number of

22

organisations representing people from different ethnic/cultural backgrounds. The main aim of this research was to assess the current BBC Trust objectives and actions within each of the three equality schemes and to identify any gaps in the existing objectives. The research was originally designed to involve a series of depth interviews and an ongoing online portal. However, in practice participation in the online portal was, unfortunately, extremely low and as a result more resources were spent on the depth interviews. In the initial engagement stage, a total of 169 organisations across all three equality strands were contacted by both phone and email to brief them on the project and ascertain their willingness to participate. Of those who responded, some refused to participate, citing time and work pressures or a feeling they did not know enough about the subject matter to comment meaningfully. Quotas were set to ensure an appropriate spread of organisations were included in the total number of depth interviews (this was primarily based on gaps in the BBC Trust’s existing research amongst these three equality strands). To ensure that every opportunity was given to the organisations they were offered a choice of phone or face-to-face interview. 30 depth interviews with disability, gender and race related organisations were conducted over a four week period with each interview lasting an average of 45-60 minutes. The key findings from the research are summarised as follows:

1. There was low awareness of the BBC Trust and its activities, amongst all organisations - not just those representing seldom heard audiences making it hard for these groups to get involved in any decision making.

2. Currently engagement by the BBC Trust is seen to be a series of ad hoc activities rather than based on a desire to foster ongoing relationships. Therefore there was the recommendation that with the help of third parties the Trust should build long term, ongoing relationships with seldom heard groups using specific, tailored communications channels.

3. The BBC Trust was perceived to rely too much on the internet and there was a call for it to engage less online and more face-to-face, especially with regard to consultations and the complaints procedure.

4. Again with the help of third parties engage with the smaller minorities (those that aren't already well catered for in the schemes) and build a long term involvement strategy with them.

5. The BBC Trust needs to demonstrate that the involvement of harder to reach or seldom heard groups has an impact on how the Trust operates. For example having targets and benchmarks set and for the performance to be monitored, published and publicised.

In addition to the Trust monitoring its own performance, it is also responsible for assessing the performance of the Executive Board in delivering the BBC’s services and activities and holding the Executive Board to account for its performance. The Trust does this using its regulatory tools, which include service licence reviews and public value tests. Both of these tools have

23

enabled the Trust to assess the impact the existing or new service has on different ethnic or cultural groups, for example:

Editorial Guidelines reviewAs part of the comprehensive research for the Trust’s editorial guidelines review 16 workshops were held across the country. Two of these workshops specifically recruited a mixture of Hindus and Sikhs. In addition to the main sample, we also conducted six individual depth interviews with community leaders. These included a Catholic priest; a Protestant vicar; a Muslim cleric; a Rabbi; a social worker and a mental health worker. As part of the research there were also eight ad-hoc ethnographic sessions. (These were informal sessions with friends taking place in their own environment for example someone’s home, a community centre, a church meeting room etc) The purpose of these sessions were to allow us to capture the perspective of people whose views might not otherwise be heard and whose views might differ from those of the rest of the sample. Participants included: African-Caribbean people; a Pakistani Muslim community group; a group of eco-campaigners; and a group with travellers.

Children’s Service Licence reviewAs part of the Trust’s review of BBC’s Children’s Services (CBBC, CBeebies, some content on Radio 4), conducted in 2008 we identified that children living in ethnic minority homes were less likely to use the BBC’s children’s services. As a result the Trust decided to conduct some bespoke research with children and families in ethnic minority homes to understand this further.

This research informed the final review report and also offered the BBC Executive valuable information about their diverse audiences. (for further information please see http://www.bbc.co.uk/bbctrust/assets/files/pdf/regulatory_framework/service_licences/service_reviews/childrens/childrens_review_ethnic.pdf)

In its submission to the Trust’s consultation, the Executive set out its intention to improve the BBC’s representation of different groups and viewpoints through the BBC’s commissioning strategy, research and outreach programmes.

Licence Fee Collection reviewIn 2008 the Trust ran a wholesale review of the BBC Executive’s arrangements to collect the licence fee. The research which informed the review incorporated qualitative research with recent migrants to the UK (nationalities inc. African-Caribbean, Indian, Pakistani, Bangladeshi, Polish, Romanian and Somali) to investigate the accessibility of TV Licensing’s collection arrangements. The results of the research indicated that TV Licensing may need to address a better consideration of the needs of some vulnerable groups such as new migrants and this could be done by: providing information in a very simple format for those who have poor

literacy skills or understanding of English

24

communicating messages to new migrant communities in ways and places which are appropriate to them (e.g. specialist shops, community centres, websites for expatriate communities, via landlords and employers).

ensuring that enforcement visits are not aggressive in the first instance and that people who need help in understanding their situation (e.g. those with learning difficulties or rudimentary English) are assisted in getting this support before the enforcement process progresses too far.

As a result of these recommendations the BBC Executive has begun work on addressing the issues the report raised with a set of timetabled actions in place.

Purpose Remits surveyThe Purpose Remits tracking survey takes place on a bi-annual basis and enables the Trust to monitor the performance of the BBC in delivering its public purposes. For the 2008/09 survey the following results were identified: Approval among Muslim and Asian audiences is not significantly different

from the UK population as a whole. Half of the Muslim audience and 44% of the Asian audience are high approvers (42% UK).

Black and Asian audiences are less likely to view the BBC as good value for money than average (45% and 52%, compared to 57%)

35% of Black audiences see the BBC as being irrelevant to them. Only 2 in 10 black adults see themselves as consumers of BBC services However, black audiences are not more likely to want to change the BBC

significantly. Black audiences show a very large performance gap of -27 for the

‘portrayal of a culture and community through BBC output’. Asian audiences are most positive about BBC performance relative to

other audience groups, with performance scores of 56%

Audience CouncilsThe Audience Councils exist to bring the diverse perspective of licence fee payers to bear on the work of the Trust. Audience Councils links with diverse communities and their programme of outreach and other activities allows them to provide a broadly based assessment of audience needs, interests and concerns, thereby bringing audience voices to the heart of the Trust’s work. The format of these activities and events varies across and within each nation and region, with some specifically targeting audience groups and some focusing on key discussion topics. Any potential barriers to participation are considered when developing an event or activity so that, where possible, accessibility or other additional needs can be addressed.

Some examples of specific activity with diverse ethnic and cultural communities during 2009, include: As part of the Trust TV services review a number of the English Regional

Audience Councils met with a variety of diverse community groups, including African Caribbean, Polish, Romany, Asian and Chinese, to get their thoughts on the performance of BBC 1, 2 and 4 and the Red Button service.

25

As part of the scoping exercise for the Trust’s portrayal project, Audience Council Northern Ireland had a discussion with 17 people from nine black and minority ethnic and migrant communities. Language – Welsh Language Scheme The BBC Trust ensures compliance with the BBC’s Welsh Language Scheme, which was created in accordance with the BBC’s obligations under the Welsh Language Act (1993). The Trust pays particular attention to facilitate the involvement of Welsh speakers in its consultation and engagement activities. With regards to other languages, the Trust currently operates a policy where it will provide non-English versions of core corporate documents only if the content specifically relates to a particular ethnic or cultural group and existing BBC output (radio or TV content, website, marketing materials) which is customarily translated.

The Trust’s complaints framework

As a result of the Trust’s Complaints Framework Consultation which took place between October 2007 and January 2008, there have been changes to the BBC’s complaints framework. For example, the language has been amended in the procedures document so that it is clear and consistent (for instance, using the same wording throughout the document and ensuring that timelines are referred to in a consistent manner). The changes also aim to ensure that the complaints process is accessible by offering alternative methods for contacting the BBC instead of only by written correspondence at appeal stage. The document itself has been made more accessible by removing footnotes and inserting them into the body of the text where appropriate.

The Trust is currently running a project over the next two years to test the effectiveness of the BBC Executive’s complaints processes, following these changes. Equality and diversity have been key to the Trust’s thinking and we are finding ways to investigate whether who you are or what you complain about affects what happens in any way. In addition we will be working with the BBC Executive to try and develop the way the BBC collects diversity information from those people who contact the BBC, including complainants.

4.3.3 Digital switchover, the Digital Switchover Help Scheme and Digital UK In September 2005, the Government announced that digital switchover would take place between 2008 and 2012. Digital switchover is the process of changing the television broadcasting network to digital-only. It will involve converting the current analogue television network as well as encouraging the public to convert or upgrade their TV and recording equipment so they can receive digital television.

A Ministerial Group on Digital Switchover has been set up to manage digital switchover. The Ministerial Group meets around four times a year and is co-chaired by the Department for Business, Enterprise and Regulatory Reform (BERR) and the Department for Culture, Media and Sport (DCMS). The Ministerial Group also includes representatives from Digital UK, Ofcom, BERR,

26

DCMS, public service broadcasters (BBC, ITV, Channel 4, Five, S4C and Teletext), non-terrestrial platform operators, consumer bodies, retailers and manufacturers.

Digital UK is the independent, non-profit organisation set up at the request of the Government to manage all communications with the public regarding digital switchover and the Digital Switchover Help Scheme (although the BBC subsidiary DSHS Ltd also has some responsibility in this area). Digital UK provides impartial information on what people need to do to prepare for the move to digital television. Digital UK is owned by the UK’s public service broadcasters and the transmission companies SDN and National Grid Wireless.

The BBC’s functions in relation to digital switchover are public functions and the BBC is a key stakeholder in many elements of the digital switchover programme being managed by the Ministerial Group. Digital UK is working with digital TV platform operators, equipment manufacturers, installers, retailers, rental companies and consumer groups to coordinate the technical rollout of digital television across the UK. It also manages the communications for digital switchover, therefore both the BBC’s digital switchover team and Digital UK contribute to promoting race equality through communications activities related to digital switchover.

Digital Switchover Help Scheme To help ensure that everyone can switch more easily to digital TV, the Government has announced that the BBC will manage a help scheme for people who need it most. The Help Scheme is focused on providing practical assistance and support for people aged 75 years and over, people who receive Disability Living Allowance, Attendance Allowance and other qualifying benefits, and people who are registered as blind or partially sighted. In order to deliver against this responsibility, the BBC has set up a subsidiary, Digital Switchover Help Scheme Ltd (DSHS Ltd), to deliver this function.

Through its subsidiary DSHS Ltd, the BBC has worked to involve a diverse range of people and representatives to inform the scheme through various projects and initiatives.

Every year DSHS conducts a consultation to develop its understanding of the people using the Help Scheme in order to inform its development and delivery. Previous consultations have focused on what people want from the Help Scheme and its complexity. During 2009-10, the consultation centred on the extent to which people for whom the Help Scheme is designed, are using the service in order to increase their understanding about users and potential users of the Help Scheme. The consultation involved:

local community organisations in the geographical regions which had most recently switched to digital

14 discussion groups and 38 in-depth interviews with people who were eligible to use the Help Scheme

observations of the delivery of the Help Scheme at the frontline both in call-centres and during installations of equipment in people’s homes

27

This consultation has assisted Digital Switchover Help Scheme to understand in more detail the range of those who didn’t use the Help Scheme and found it difficult to make the switch. Further exploration of this particular group has pointed to particular contributory factors including overly complex information about the Help Scheme, barriers to the Help Scheme and the impact of social isolation on awareness of the Help Scheme among those who are most excluded. This consultation has pointed to improvements which could be made to the Help Scheme itself, and access to the service which together could raise the level of take-up to the service.

Raising awareness and understanding of digital switchover Digital UK delivers a community outreach programme through its contract with Digital Outreach Ltd. which is a partnership between Age Concern, Help the Aged, Community Service Volunteers and Collective Enterprises Ltd., designed to provide advice and guidance to people who would not have access to the Help Scheme but who would like some assistance or advice in making the switch to digital television. The community outreach programme works with voluntary and community sector organisations switchover region by switchover region enabling local organisations to support people, including black and minority ethnic people, by providing information and speakers for events or drop-ins, training volunteers and developing a network of help and advice. Digital Outreach Ltd. is currently working in the ITV regions covering The Borders, West Country, Granada and Wales.

Digital UK regularly tracks levels of awareness and understanding of digital switchover among the public. Digital UK monitors this information broken down according to a range of demographic categories, including ethnicity. In addition, Digital UK also operates an Ethnibus which monitors awareness and understanding specifically among different ethnic groups. This enables Digital UK to identify any differentials in awareness and understanding between demographic groups about switchover which can inform communications strategies and activities.

The gap in awareness and understanding of digital switchover between black and minority ethnic people and the overall population has not narrowed over the last three years. The most recent data found almost a 30% gap in awareness, and almost a 20% gap in understanding between BME communities compared with the overall population. Digital UK has used this data to assist the development of specific strategies to raise awareness of both the switchover process and the Help Scheme among BME communities.Communications Although the main communication activity is managed and implemented by Digital UK, the BBC is responsible for its own BBC-specific communications relating to digital switchover. The following examples provide an overview of BBC communications activity relevant to minority ethnic groups in particular.

28

BBC website and press releases BBC digital switchover website information is currently available in English only, but there is an option to post multilingual translations of digital switchover information pages in the future (subject to available resources). Press releases relating to digital switchover will be issued in both English and Welsh.

The Help Scheme also operates an award winning dedicated in both English and Welsh, with other languages available to download: http://www.helpscheme.co.uk/

Digital Switchover Help Scheme communications activities The Help Scheme provides interpretation and translation support services for customers receiving help in their homes, as well as documents in the 10 most commonly used languages in each ITV region.

Digital Switchover Help Scheme generic communications activity (advertising and community activity to raise awareness and understanding) is managed by Digital UK in line with the strategies and policies set out by Digital UK (see below).

Help Scheme targeted communications (i.e. addressed to an individual), its website and the contact centre are managed through a contract with eaga (the service provider), closely managed by the BBC through its subsidiary, DSHS Ltd. This contract requires all direct communications materials to be made available in the 10 most commonly used languages in the relevant ITV region, and for the provider to be able to translate communications with the customer from those languages into English.

The Digital Switchover Help Scheme has tested its communications materials with diverse sections of the community, including black and minority ethnic people to shape their development. The findings have informed future communications strategy and operations and their use continues to be monitored.

BBC Outreach – digital buses and open learning centres

The BBC’s digital buses and open learning centres carry Digital UK leaflets and deal with face-to-face digital enquiries on a regular basis.

Outreach staff across the UK (on buses and in open centres) are also required to take a Digital UK test to answer questions related to digital switchover.

In Wales, all general materials are provided in English and Welsh and public-facing staff are bilingual.

In the English regions, materials are primarily in English although Digital UK leaflets are available in multilingual format (see Digital UK section below).

Digital UK communications activities

29

Digital UK has identified a number of steps to ensure that communications are as accessible to black and minority ethnic communities as they are to the rest of the UK population. A number of national and regional initiatives are already under way.

Language requirements Following research and consultation, a generic leaflet in 10 recommended languages has been produced. It is available via the call centre and on the website and is distributed regionally to community groups and outreach partners. The 10 languages currently used in addition to English and Welsh are Bengali, Urdu, Tamil, Somali, Punjabi, Gujarati, Arabic, Chinese, Polish and French.

Cultural considerations With regards to understanding and engaging with marketing communications, Digital UK recognises that language is not the only barrier for some minority ethnic communities and groups. It aims to make its communications as accessible as possible through: Considering appropriate use of colours and symbols, as these may have

different meanings for diverse ethnic groups or nationalities Avoiding tokenism or staged multiculturalism by incorporating positive

representation of a range of minority ethnic communities Using specialist media to target minority ethnic groups

Call centre monitoring Call centre requests are monitored in order to assess requirements and, where necessary, to review service provision. This information-gathering mechanism has resulted in the following: Digital UK contact centre live agents are provided as an alternative to

automated information through a main menu option. Agents can action requests for the digital switchover generic information leaflet in 10 alternative languages as well as alternative formats.

A Welsh-language version of the automated service is also available. There is liaison with BBC Information Wales with a view to providing

Welsh-speaking live agents.

Region-specific communications Regional managers routinely consult with relevant local authorities in each TV region prior to the commencement of communications campaigns.

Region-specific communications are then made available in up to 10 of the most locally relevant languages. Audio versions of communications materials are also made available for identified communities (where a tradition of oral rather than written communication is prevalent, particularly for certain age groups) such as Bengali, Somali and Pakistani.

30

Voice recording and an answerphone service are also available in 10 different languages regionally, for the purpose of providing digital switchover specific information and for collecting address details in order to provide a one-page bilingual information sheet (local agents transcribe messages and fulfil the leaflet requests on daily basis).

Specialist press such as Asian and Chinese newspapers are used to target and address specific minority ethnic communications gaps. Opportunities for using existing local authority interpreter services are being investigated regionally.

Regional consultation and stakeholder engagement

Digital UK delivers a community outreach programme through its contract with Digital Outreach Ltd. which is a partnership between Age Concern, Help the Aged, Community Service Volunteers and Collective Enterprises Ltd., to deliver designed to provide advice and guidance to people who would not have access to the Help Scheme but who would like some assistance or advice in making the switch to digital television. The community outreach programme works with voluntary and community sector organisations switchover region by switchover region enabling local organisations to support people, including black and minority ethnic people, by providing information and speakers for events or drop-ins, training volunteers and developing a network of help and advice. Digital Outreach Ltd. is currently working in the ITV regions covering The Borders, West Country, Granada and Wales.

National consultation and engagement As well as regional engagement activity, Digital UK has gathered valuable information from diverse consumers and audiences via its Consumer Experts Group (CEG). Information on needs and barriers is also collected via a Usability Action Plan which has been established by the BIS and involves manufacturers and consumers meeting regularly to discuss digital switchover and specifically digital TV receiver equipment

Digital UK is also tracking and recording the perceptions and opinions of a wide range of diverse groups regarding the digital switchover process, as part of its regular tracking survey. This measures levels of awareness and understanding of digital switchover, attitudes towards it and conversion or planned conversion rates, plus overall satisfaction levels. Consumer segmentation includes black and minority ethnic (BME) groups and those whose first language is not English.

4.3.4 Additional information usage for monitoring impacts This section provides examples of information gathered and used internally by the BBC to monitor and review more broadly its performance on race equality, and to examine the potential race equality effects of policies and practices which fall outside the scope of this scheme but which are nevertheless recognised by the BBC as relevant to promoting race equality (see also section 6).

Pan-BBC Tracking Survey (PBTS)

31

This survey measures audiences’ perceptions of the BBC on a continuous basis. It is a quarterly survey of 700 people, which is broken down demographically (including by ethnicity). It helps the BBC to chart different people’s loyalty and commitment to the BBC and its specific channels. The BBC Strategy Unit reports monthly performance using information from the PBTS.

Standard research data The BBC Marketing Communications & Audiences (MC&A) division conducts regular research with a range of sections of the audience, including BME audiences to inform programme planning and development internally across the BBC (see also section 6).

Specialist research: employment Following preliminary work with Queen Mary College, University of London, the pan-BBC Diversity Centre commissioned a piece of research into the cultural factors that contribute to creating possible discrepancies between the proportions of black and minority ethnic (BME) applicants, the numbers short-listed and the proportion actually recruited to work at the BBC. The project will focus on one division where BME applications are known to be substantial in order to study the link between the BBC’s recruitment and selection culture and BME employment within the organisation. The study will highlight good practice and provide possible recommendations for areas of sustainable improvement.

Specialist research: portrayal and output

Portrayal monitoring research commissioned by Channel 4 as Chair of the Cultural Diversity Network (of which the BBC is also a member) sampled 386 hours of peak viewing across BBC1, BBC2, ITV1, Channel 4, Five and Sky. This research builds on findings in previous content analysis commissioned by the BBC’s Diversity Centre in 2006 which monitored 224 hours of television output on BBC One, BBC Two, BBC Three and BBC Four, between the hours of 19.30 and 23.30 during the period 4 September to 5 November 2006. This was carried out in order to assess the frequency and manner of the portrayal of black and visible ethnic minority people across a broad range of programming, i.e. participant profiling (a person’s function in the programme) was examined. This work was commissioned by the BBC’s Diversity Centre and it constitutes one element of a broader review of diversity portrayal which also examines disability and gender and therefore allows for more complex analysis.

Employee management information Workforce profiling statistics relating to ethnicity are gathered routinely:

for example, the numbers of those identifying as black or minority ethnic who are recruited and employed by the BBC. Information can be cross-referenced with, for example, gender to provide more detailed employee profiling and monitoring of who is staying or moving within or out of the organisation.

32

Monitoring pre-set diversity employment targets for minority ethnic groups is ongoing. Quarterly progress updates are provided for the BBC Diversity Board and to departmental management teams and departmental human resources teams, so that actions can be taken as necessary (see also section 6).

Workforce statistics relating to employment practices such as disciplinaries, grievances and tribunals are also collected as part of BBC employment best practice.

Data from consulting with employees Staff satisfaction surveys take place biannually. The next survey will take place in May 2010. The Diversity Centre has worked with Ipsos Mori to provide an analysis based on diversity. The Diversity Centre is also conducting focus groups with staff from diverse backgrounds, including black and minority ethnic staff to complement the survey and better understand any underlying trends and patterns, including retention (ref. Charter Article 44 requirement).

BBC complaints process The Code of Practice explains the BBC’s formal three-stage complaints process, which is designed to be straightforward to use and to enable the BBC to address concerns properly. Complaints in relation to race equality (or otherwise) concerning areas of BBC activity which fall outside the scope of this scheme, such as programming, should be made within 12 weeks and the BBC aims to respond within 10 working days. Complainants can contact the BBC: Via the website: http://www.bbc.co.uk/complaints/homepage/ By phoning the BBC on 03700 100 222 By writing to BBC Complaints, PO Box 1922, Glasgow G2 3WT

Details of the complaints processes and information about how to make a complaint to the BBC or BBC Trust in respect of the public functions covered by this scheme are included in sections 4.3.2 and 4.3.4.

4.4 Publishing results: arrangements for publishing the outcomes of equality impact assessments and consultation Publication of the Race Equality Scheme The BBC promotes its broad commitment to respecting, valuing and celebrating diversity, via the BBC Diversity website, http://www.bbc.co.uk/aboutthebbc/policies/diversity.shtml, where the Race Equality Scheme is published. It is also available on the BBC Trust website, http://www.bbc.co.uk/bbctrust/about/how_we_govern/diversity_equality/index.shtml Updates to the Scheme or its constituent Action Plans will be added at regular intervals.

Hard copies and easy read versions are available on request from the Diversity Centre. Additional alternative formats will be made available on

33

request and will be provided within a set maximum time limit. The Scheme will be published in English and Welsh. The Scheme will also be made available in additional community languages on request, within a set maximum time limit of four weeks.

Publication of assessments, consultation and monitoring The results of (race) equality impact assessments, consultation and related monitoring will be published by each of the public function areas on the relevant websites above (or as appropriate) and publishing arrangements and formats will be in proportion to the size and importance of the subject and its relevance to race equality.

Assessments When publishing (race) equality impact assessment (EIA) information, the BBC (and any organisation with which it works within the context of promoting race equality) will set out: How the proposed policy or function was assessed (for example, EIA

processes – see section 4.2) A brief summary of the results and outcomes, where relevant Information on how to access any related reports, data and evidence A review of the proposed policy (or policy options) in the light of

assessment results and outcomes, if applicable A statement of the BBC’s proposed or planned action (or otherwise)

EIAs conducted by the BBC in relation to TV Licensing and the Digital Switchover Help Scheme can be found at: http://www.bbc.co.uk/aboutthebbc/policies/diversity.shtmlEIAs conducted by the BBC Trust are available at: http://www.bbc.co.uk/bbctrust/about/how_we_govern/diversity_equality/equality_impact_assessments.shtml

Consultation When publishing the results of consultations, the BBC (and any organisation with which it works within the context of promoting race equality) will set out: A summary of the consultation that took place A statement of the BBC’s proposed or planned action (or otherwise)

Monitoring When publishing the results of policy implementation monitoring activities, the BBC (and any organisation with which it works within the context of promoting race equality) will set out:

34

An explanation of what will be monitored The systems and methods which will be used A summary and evaluation of the results of monitoring carried out How the BBC will use these results for future policy development and

review and implementation

Please see Action Plan for specific, timetabled actions within each public function area.

4.5 Public access: arrangements for ensuring that the public have access to information and services The BBC (and any organisation with which it works within the context of promoting race equality) will work to ensure that people from diverse ethnic and cultural backgrounds know about its public functions and related services and are confident about accessing and using them. The BBC will seek to do this by: Providing access to relevant information and services to diverse

communities (and considering the diversity of groups within those communities)

Identifying and seeking to remove clearly evident barriers to information for different ethnic and cultural groups

Continually seeking to provide fair and equal access to information by regularly reviewing and where necessary changing the way in which information is provided and services are made available

Please see Action Plan for specific, timetabled actions within each public function area.

4.6 Training staff: arrangements for ensuring that staff are trained in order that they understand the duty to promote race equality and their own responsibilities The BBC (and any organisation with which it works within the context of promoting race equality) will train relevant staff (as a minimum, those who operate within the scope of the BBC public functions) in order that they fully understand their individual and corporate responsibility to promote race equality by meeting the General Duty and specific duties. The BBC will also ensure that relevant contractors are able to comply with the general and specific duties by assessing and advising on staff development to ensure: Awareness and understanding of issues pertaining to race equality,

including fundamental concepts such as ‘institutional racism’ Knowledge of how to introduce, monitor and review policy within large

organisations Knowledge and understanding of the General Duty and specific duties and

why they are important

35

Understanding of the Race Equality Scheme and how to implement, monitor and develop it further

Knowledge and skill in carrying out effective (equality impact) assessments, consultation processes and monitoring, as appropriate

Knowledge and skill in collecting and analysing relevant data and in the production and publication of reports

When implementing this Scheme the BBC (and any organisation with which it works within the context of promoting race equality) will: Select and use only appropriately trained staff for key tasks Conduct skills assessments and audits where gaps in knowledge,

understanding or competencies are apparent Commission appropriate training when and where required Monitor, evaluate and review training and training outcomes

Please see Action Plan for specific, timetabled actions within each public function area.

4.7 Review: arrangements for carrying out a review of the Scheme All of the information-gathering, analysis and usage processes detailed above have been used as part of an ongoing review process. Effective implementation of the Race Equality Scheme has been evaluated on a regular basis in consultation with people who are broadly representative of a diverse range of ethnic and cultural communities across the UK.

This Scheme was reviewed in 2007 and again in full 2008 which led to the Trust amending their objectives and associated actions. During 2009-10, the Race Equality Scheme was due for a full three-year review. However, with new legislation due but not yet complete and that legislation expected to apply to more of the BBC’s activities, the organisation decided to review and extend the existing equality schemes, including the Race Equality Scheme for 12 months until 31 March 2010. An extensive consultation and involvement process will be developed over the next 12 months to prepare the BBC’s Corporate Equality and Diversity Plan which will replace the equality schemes, including this Scheme and form the BBC’s response to the new single public sector equality duty, expected in the new Equality Bill once enacted.

5 Implementation and monitoring progress

5.1 Implementation The updated Race Equality Scheme will run for 12 months from 31 May 2010 to 30 May 2011. The BBC Trust is responsible for overview and scrutiny of the Race Equality Scheme (RES). Its implementation will be driven by the Trust Unit insofar as it relates to the Trust and by the BBC Executive Board when carried out at divisional level. The three sections of the Action Plan embedded in the Scheme (television licensing, functions of the BBC Trust and functions

36

under the BBC Agreement) are the responsibility of the Director-General and other members of the BBC Executive Board within the BBC divisions and the Trust Unit. Responsibility for formulating, agreeing, implementing and reviewing individual actions has been delegated to each of the relevant management teams. The pan-BBC Diversity Centre is responsible for liaising with relevant divisions, disseminating best practice, providing guidance and monitoring progress of the Race Equality Scheme Action Plan at corporate level.

Each relevant divisional director is responsible for implementing the Race Equality Scheme and the specific local actions which have been identified through (race) equality impact assessments and related consultation at divisional level. These will be monitored within each division and progress will be reported at the Diversity Board (chaired by the Director General) and Executive Board.

5.2 Action planning The BBC Race Equality Scheme Action Plan (see section 8) in respect of its public functions consists of three main sections – these are television licensing functions, certain functions of the BBC Trust, and certain functions of the BBC under the BBC Agreement. Background information on each of the relevant function areas, and examples of how the BBC carries out or intends to carry out each of the public functions covered by the Scheme, has been provided as part of the introduction to each section.

The Action Plan is based on the outcomes of the formal identification and assessment of (race equality) relevant functions and policies (see section 7), as well as previous consultation with diverse community groups and liaison with relevant staff within the public function areas. The key areas that emerged which were found to be of most importance or concern varied depending on the public function being assessed.

Within each section of the Action Plan, key objectives have been set which aim to achieve fair and equal outcomes for people from diverse ethnic and cultural backgrounds and to address key issues or potential concerns relating to race equality. Specific actions support one or more of the Scheme’s key objectives, which are all underpinned by core BBC values relating to diversity.

5.3 Progress monitoring and evaluation Progress on the Race Equality Scheme Action Plan has been reported annually over the last three years and will continue to be monitored and evaluated by the management team responsible for each relevant public function. Each management team reports to the Diversity Board, (led by the Director-General and which agrees and drives forward the BBC’s Diversity Strategy) and the Executive Board, which is accountable to the BBC Trust. The structure chart below shows formal reporting lines (arrow lines also indicate advice and information flow). Summaries of performance during years 1 and 2 of this Scheme can be found at: http://www.bbc.co.uk/aboutthebbc/policies/diversity.shtml and performance during the last 12 months (2009-10) can be found in this document at section 5.4

37

The Action Plan has an in-built monitoring system in place, which will be used to measure progress and its effectiveness in achieving intended outcomes.

5.4 Race Equality Scheme Performance Summary 2009/2010

Introduction Section 5.4 of the Race Equality Scheme (RES) sets out in detail the steps the BBC has taken to meet the Race Equality Duty, including: Identifying relevant public functions and policies and assessing their

potential to impact in relation to race equality Arrangements for monitoring the impact of BBC activities which are carried

out in the pursuance of public functions and related policies

The BBCTrust

BBC Executive

Board

BBCDiversity

Board

The Trust Unit

BBCDiversity Centre

TV Licensing

Any other relevantpublic

function areas

Digital UK

(external)

Digital Switchover

including the Digital

Switchover Help Scheme

38

Arrangements for publishing the outcomes of equality impact assessments and consultation

Arrangements for ensuring that the public have access to information and services

Arrangements for ensuring that staff are trained in order that they understand the duty to promote race equality and their own responsibilities

This Performance Summary highlights progress against the RES during the last 12 months. All of the objectives for each of the public function areas are outlined below, together with corresponding progress and priorities for 2010-11.

Public function: TV Licensing

(For further detail on the range of public functions which relate to TV Licensing, see the RES: Annex.)

Objective 1: To communicate, wherever practicable, in a way that is accessible and appropriate to facilitate a clear understanding of television licensing obligations for all sections of the community Key achievements during 2009/2010

TV Licensing (TVL) reviewed its equality impact assessment (EIA) on a representative sample of TVL communications in advance of the three-year deadline set during the previous EIA process. The review found that further improvements in communications material had been initiated since the previous EIA (for example by commissioning a leading linguistic expert with substantial experience in the needs of people with low literacy levels to analyse a selection of TVL letters and recommend ways in which they could be made more accessible).

TVL published translations of the TV licence conditions on the TVL website in selected languages.

Objective 2: To ensure that all BBC TVL staff and contractors fully understand their duty to promote race equality and are active in implementing actions identified

Key achievements during 2009/2010

TVL completed the roll-out of its equality training to contractors who deal with customers’ queries and complaints and to TVL visiting officers.

39

The TVL complaints database was amended in order to be able to record and analyse information on complaints which are related to ethnic or cultural issues.

Systems have been put into place to record and analyse information on complaints which are related to ethnic or cultural issues.

Areas for improvement

TVL will continue to monitor complaints according to diversity.

Objective 3: To continually review and, wherever possible, improve or develop service support (including technology) to provide accessible and convenient support and advice services and to encourage all sections of the community to engage with TVL as necessary For detail on progress against this objective and the related actions, see the RES: Section 8, Action Plan Part 1.

Objective 4: To develop and maintain a strategic and systematic approach to integrating race equality into all TVL activities Key achievements during 2009/2010

An initial EIA was conducted on the Voice User Interface (VUI) system to assess how well it meets the diverse needs of ethnic and cultural groups. An EIA was also undertaken on TVL’s new Refunds Policy. EIAs were also completed on the website refresh project and a new service that increased contact with TVL’s customers by text message. No issues were found.

A three-year programme of EIAs was developed on existing BBC and contractor policies and functions which are relevant to the duty.

The BBC TVL Equality Working Group discussed progress against each of the actions within the Scheme and received regular updates on equality legislation. The TVL Management Team Policy Adviser has given presentations on the Equality Working Group’s progress to a number of TVL team meetings to assist the senior management team to review the work of the Group. This will continue in 2010/2011.

Area for improvement

TVL will continue conducting EIAs on relevant policies and projects and will continue reviewing the three-year EIA programme relating to existing BBC (and contractors’) policies and functions which are relevant to the duty.

40

Objective 5: To maximise the potential for data and information management systems to enhance and promote race equality Key achievement during 2009/2010

For detail on progress against this objective and the related actions, see the RES: Section 8, Action Plan Part 1.

Objective 6: To develop and maintain strategic leadership and commitment to the broad implementation of the RES and the TVL Action Plan Key achievement during 2009/2010

The TVL Management Team Senior Policy Adviser has given presentations on the Equality Working Group’s progress to a number of TVL team meetings to assist the senior management team to review the work of the Group. This will continue into 2010/2011.

Objective 7: To ensure that all payment methods/processes are accessible and appropriate for a range of needs and lifestyles Key achievement during 2009/2010

As detailed in the overview, great efforts are made to ensure that information is made available to diverse audiences including those with English as a second language. No complaints or issues on equality of payment method were identified during the BBC Trust’s review of TV Licence fee collection.

Objective 8: To ensure a strategic approach to integrating race equality into all TVL procurement activities Key achievement during 2009/2010

Race equality issues and implications were included in recent procurement processes.

For more detail on progress against each of the objectives relating to TVL and the corresponding actions, see the RES: Section 8, Action Plan Part 1.

Public function: the BBC Trust in relation to certain functions under the BBC Charter and Agreement (For further detail on the range of public functions which relate to the BBC Trust, see the Annex to the Race Equality Scheme.)

41

Objective 1: To ensure that the Trust actively engages with, and seeks the views of people from different ethnic and cultural backgrounds and that engagement activities encourage participation and are accessible

Key achievements during 2009/10 Both the Trust Unit and the Audience Councils held a number of meetings

across the year with people from different ethnic/cultural backgrounds and organisations representing people from different ethnic and cultural backgrounds. The information and learning shared at these meetings fed into projects such as the Television Service Licence Review and the BBC Trust’s Portrayal project.

As part of two Trust Service Reviews (BBC One, BBC Two and BBC Four4, and Radio 2 and 6 Music) to try and reach those audiences who do not use the Trust website and therefore participate in its online consultations, we used a number of alternative engagement tools. These included: television trails across BBC One, BBC Two, BBC Three and BBC Four (ensuring a good mix of slots in both daytime and evening); network radio phone-ins with trustees; promotions across BBC websites; distribution of leaflets to UK public libraries and visiting shopping centres across England.

As part of the comprehensive research for the Trust’s editorial guidelines review 16 workshops were held across the country. Two of these workshops specifically recruited a mixture of Hindus and Sikhs. In addition to the main sample, we also conducted six individual depth interviews with community leaders. These included a Catholic priest; a Protestant vicar; an Imam; a Rabbi; a social worker and a mental health worker. As part of the research there were also eight ad-hoc ethnographic sessions. (These were informal sessions with friends taking place in their own environment for example someone’s home, a community centre, a church meeting room etc) The purpose of these sessions was to allow us to capture the perspective of people whose views might not otherwise be heard and whose views might differ from those of the rest of the sample. Participants included: African-Caribbean people; a Pakistani Muslim community group and a group with travellers.

Area for improvement As highlighted in the 2008/09 performance summary, we still need to work

harder at reaching people from a BME background given we know that they are less likely to respond to our public consultations. Continual work and effort on our EIA practice and further exploring the connections and relationships Audience Councils have with these groups will go towards improving this situation

Greater effort needs to be made to ensure that the Trust has a regular and consistent approach to monitoring the diversity of licence fee payers attending its public meetings.

Feedback from our recent review of the BBC’s three Equality Schemes, highlighted the low awareness levels of the Trust and its activities. There

42

was a call to improve outreach with different groups by building ongoing, relationships with them over a long period of time.

Objective 2: To monitor and assess the BBC’s compliance with its equalities duties and on an annual basis publish its observations of such. The Trust will also monitor and assess its own compliance with the equalities duties and on an annual basis publish its observations of such.Key achievements during 2009/10 We held an event with Trustees and invited senior external figures to

discuss with them the importance of equality and diversity in their oversight role.

For the first time we asked the BBC Executive to report to the Trust on the progress it is making with its Diversity Strategy. This will be an annual reporting requirement going forward.

Area for improvement

We are conscious that the current Public Value Test (PVT) guidelines do not include information about how the BBC Executive will ensure, to a reasonable and appropriate extent, equality of access and service of BBC activities to different groups in its PVT proposals. Therefore the Trust is to begin discussions with the Executive to try and codify what is expected of them, with regards to equality considerations, when preparing a proposal for new/changes to/closure of a BBC service.

Feedback from our recent review of the BBC’s three Equality Schemes, included the observation that there was a lack of evidence of how the BBC Trust performs against its objectives. Demonstrating the efficacy of the Trust’s operations and the impact different groups’ involvement have, could better show the Trust’s value to licence fee payers

Objective 3: To provide licence fee payers equal and fair access to the BBC’s complaints processes regardless of their ethnic and cultural backgroundKey achievements during 2009/10 We are currently running a project to test the effectiveness of the BBC

Executive’s complaints processes. Equality and diversity have been key to our thinking and we are finding ways to investigate whether who you are or what you complain about affects what happens in any way.

We have influenced the BBC Executive’s procurement process for audience services, including the complaints process. In addition we will be working with the BBC Executive to try and develop the way the BBC

43

collects diversity information from those people who contact the BBC (including complainants).

Objective 4: To ensure that people from different ethnic and cultural backgrounds have equality of access to consultations and are involved in Trust decision-making in relation to its public functionsKey achievements during 2009/10 Both the Trust Unit and the Audience Councils held a number of meetings

across the year with people from different ethnic/cultural backgrounds and organisations representing people from different ethnic and cultural backgrounds. The information and learning shared at these meetings fed into projects such as the BBC One, BBC Two and BBC Four service licence review, the Radio 2 and 6 Music service licence review and the Portrayal project.

As part of two Trust Service Reviews (BBC One, BBC Two and BBC Four and Radio 2 and 6 Music) we used a number of alternative engagement tools to try and reach those audiences who do not use the Trust website and therefore participate in its online consultations. These included: television trails across BBC One, BBC Two, BBC Three and BBC Four (ensuring a good mix of both daytime and evening slots); network radio phone-ins with trustees; promotion across BBC websites; distribution of leaflets to UK public libraries and visiting shopping centres across England.

Area for improvement We have run a number of public consultations this year, some of which

have received large numbers of responses but we remain less likely to hear from black and minority ethnic (BME) licence fee payers. We hope to make progress on our EIA practice and further explore the connections and relationship Audience Councils have with this group to ensure that we are hearing from more BME people.

Feedback from our recent review of the BBC’s three Equality Schemes, included the perception that the Trust relies too heavily on the internet when consulting.

Areas for improvement Feedback from our recent review of the BBC’s three Equality Schemes,

indicated that documents (especially ones accessed online) might not be the best way to publish information. Many felt face to face communication would work better.

44

Objective 5: To ensure that, where appropriate and reasonable, the Trust’s public reports and communications (including online) are accessible (in language, format and content) for people from different ethnic and cultural backgrounds

Key achievement during 2009/10 One of the aims of the BBC Trust’s new website was that it would be more

‘audience friendly’ and in line with the recommendations of the Trust’s strategic marketing work. In addition, much effort was given to building a website which would have a clearer structure, navigation and labelling of documents.

Objective 6: To ensure that diversity and equality matters are integrated into the Trust’s governance tools

Key achievements during 2009/10 Finding ways to integrate diversity within our governance tools was the

main objective of the equality and diversity review (carried out in 2008). It highlighted a range of challenges which we are working to address. Some examples of progress made over this past year include: The Director of the Trust, team leaders and project managers have all

been set individual objectives relating to equality and diversity. The Trust Unit are in the process of meeting all research agencies on

the qualitative and quantitative research rosters to take them through the Trust’s internal research guidelines, using the meeting to probe them on their experiences in researching more seldom heard audiences.

Areas for improvement We are conscious that the current Public Value Test (PVT) guidelines do

not include information about how the BBC Executive will ensure, to a reasonable and appropriate extent, equality of access and service of BBC activities to different groups in its PVT proposals. Therefore the Trust is to begin discussions with the Executive to try and codify what is expected of them, with regards to equality considerations, when preparing a proposal for new/changes to/closure of a BBC service.

Objective 7: To ensure that Audience Councils are fully inclusive and should as far as possible reflect the diversity of society they represent. The Trust will actively encourage membership from people from diverse ethnic and cultural backgrounds wherever practicable and possible.

45

Key achievements during 2009/10 We are currently working with Audience Councils to explore audience

views on portrayal of all audiences including people from diverse ethnic and cultural backgrounds

Employing a variety of methods, including television and radio trails, online promotions, e-zines, press advertisements and direct contact with organisations representing diverse groups, to raise the awareness of vacancies within the Audience Councils so as to reach and encourage as diverse a number of applicants as possible

Areas for improvement Improving the awareness of Audience Councils. Broadening our engagement with seldom heard groups and communities

through our Audience Councils. Continuing to improve the composition of Audience Councils to ensure

they are fully inclusive and better reflect the diversity of society they represent.

For further detail on each of the objectives relating to the Trust and the corresponding actions, see Section 8, Action Plan Part 2, of the Race Equality Scheme.

Public function: the BBC’s obligations in relation to digital switchover (For further detail on the range of public functions which relate to digital switchover, see the RES: Annex.) Objective 1: To aim to provide appropriate, responsive and sensitive communications advice to different ethnic and/or cultural communities

Key achievements during 2009/2010

The Digital Switchover Help Scheme (Help Scheme) branding and equipment undergo significant user testing in order to identify and mitigate potential barriers for black and minority ethnic people within the target audience.

Help Scheme written materials are currently available in the following languages:  - (Arabic)  - (Bengali)  - (Simplified Chinese) Polski  - (Polish)  - (Punjabi)  - (Russian)

46

 - (Turkish)  - (Urdu) Cymraeg  - (Welsh) We liaise with local authorities prior to each region going live to determine the top ten most prolific languages in that region and all mailings feature range of languages on mailing envelopes, as per best practice.

Eaga’s call centre has dedicated Welsh language speakers and has engaged Big Word to provide translation services for other languages as required.

In the Granada region in particular, the Digital Switchover Help Scheme used a wide range of communications to better engage ethnic groups: A version of the Help Scheme leaflet printed with no images or cartoons

of people to be suitable for outreach with Muslim audiences. Satellite TV as a communications channel to reach certain groups at

risk, such as Chinese and Bangladeshi communities. Community radio stations - these stations have strong listenership

among black and minority ethnic audiences. Ramadan Radio was particularly helpful in reaching Asian and Muslim audiences.

Street teams (recruited from within black and minority ethnic communities) raising awareness of the Help Scheme in seldom heard black and minority ethnic communities.

Tailored press releases about the Help Scheme were released to minority ethnic media outlets. This approach had limited success (presumably because of low appetite for regionally based stories without a stronger minority ethnic angle). We are seeking new PR approaches for future regions.

DUK had a presence at 6 Mela’s in the region too along with 25 street team activity days focused on locations with a high BME population.

DUK secured airtime on 11 local networks which target specific ethnic minority groups, to promote switchover to communities who risk being left behind. Alpha, BEN, Punjabi, Bangla TV and Zee TV are just a few examples of the satellite channels used. The Help Scheme advert ran for 2 weeks and was dubbed in Gujarati, Punjabi, Hindi, Urdu, Bengali and Sylheti.

Objective 2: To ensure that the transition to digital-only broadcasting is a fully inclusive process

Key achievements during 2009/2010

We invest heavily in ‘outreach’ activity to better engage people who are eligible for the Help Scheme. Outreach activity takes the form of: Statutory sector activity Third sector activity Communities programme

Statutory sector activity is delivered in each region by eaga network managers. Examples of recent activity this year have included:

47

Building strong relationships with large local authorities has produced opportunities for shared events, coverage in local newsletters, and information points at major city libraries, Town Halls, Council offices and Day Centres.

Developing campaigns with Neighbourhood watch, the police and fire services. These organisations have considerable interface with the public, and have disseminated Help Scheme information in the form of face to face, one to one discussions, and within wider community programmes.

In the Granada region, linking the Help Scheme with Flu Clinics was incredibly successful – delivering over 7,000 face-to-face conversations with potential customers.

In Wales we have gained commitment from the majority of NHS Trusts to distribute Help Scheme materials in local hospitals, brief medical staff and host Open Days.

In the West region, ‘Help Scheme Champions’ have been enlisted within all local authorities. Help Scheme information has been posted on all local authority websites, and information made available in all public libraries.

Third sector activity is crucial in engaging local community and voluntary sector organisations to support the Help Scheme. The majority of third sector activity is delivered by eaga (who are contracted by the BBC to deliver the Help Scheme) and through Digital Outreach Limited (DOL who are contracted by Digital UK to communicate with people who may not be eligible for the Help Scheme but are still at risk of being left behind). Examples of recent activity include: DOL training for the Voluntary and Community Sector (VCS) has become

widespread throughout all regions, with additional training for black and minority ethnic groups as appropriate.

Street teams (recruited from within black and minority ethnic communities) raising awareness of the Help Scheme in seldom heard black and minority ethnic communities.

The Help Scheme community radio publicising the Scheme throughout local communities - particularly among black and minority ethnic communities. The community radio initiative involves producing and broadcasting customised Community Service Announcements (CSAs), interviews with Help Scheme related members of staff, and packaged reports showcasing Help Scheme success stories.

The BBC bus was mobilised in Granada to target areas of low take-up. The bus has been a high profile venue, offering face to face advice to customers and their representatives, and also acting as a broadcast platform. A Help Scheme bus will enable the Help Scheme to gain profile in specific neighbourhoods (particularly remote communities) in the future.

The communities programme is managed by DOL, and aims to reach the 5%-15% of people who are most at risk of being left behind. Examples of activity this year includes identifying and engaging key community figures (such as community counsellors, GPs, carers, community, psychiatric nurses, shopkeepers, community police officers, café owners), to find community supporters who can then identify those who are most isolated.

48

We are working with the Department for Work and Pensions (DWP) to develop a ‘scoring model’ to help identify people most socially isolated, in order that we can develop strategies to better engage them.

Every year the Help Scheme conducts an annual consultation with eligible people, in order to continuously improve the service. The 2009 annual consultation gives new insights into the behaviour of eligible people who qualify for the Help Scheme, and the drivers and barriers to people using the service. The research identified the experiences of people who found making the switch to digital difficult and could have benefitted from the Help Scheme, but did not engage due to a combination of issues including a lack of awareness of the benefits offered by the Help Scheme, lack of awareness that the Help Scheme could even help people who had already made the switch and low awareness of the Help Scheme itself. This year’s consultation points to a series of improvements to address these issues.

The customer satisfaction survey is completed by 200-300 Help Scheme customers every month. Since the survey began, (Jan 09) 92.5% of respondents have rated their willingness to recommend the Scheme at 8 or above, out of 10. The satisfaction survey will be improved across the coming year to ensure that feedback is gained from a broad range of people including different ethnic and cultural groups.

The Code of Service Standards outlines the level and standard of service that people using the Help Scheme can expect. The Code of Service Standards is currently undergoing an audit to ensure the Help Scheme is delivering against the Code of Service standards.

Following research to identify key groups of people who interact with people who are most seldom heard and who could help them to make an informed decision, the Help Scheme developed a series of A5 leaflets aimed at in home carers, threshold service workers and peers to be distributed by on-the-ground teams.

Ethnibus research tracks awareness and understanding of the Scheme amongst black and minority ethnic audiences. Following the planned round of fieldwork in July a further survey was carried out in the North West only to evaluate the impact of dedicated activity in the Granada region in the last few months before switchover designed to target BME communities. Results indicated an increase in awareness of the Help Scheme among BME audiences of 23 percentage points from 15% in July 2009 to 38% in October 2009.

Digital UK attached promotional banners to lamp posts in areas with a high proportion of BME communities to promote the Help Scheme and to engage with people at risk of being left behind.

DUK conducted BME assessments for each of its regional visits last year to ensure that they would reach as many people eligible for the scheme as possible.

Areas for improvement It is a priority for the Help Scheme to improve awareness and

understanding amongst black and minority ethnic people. Despite recent

49

improvements, this remains an area of underperformance. We have created a specific project to pay particular attention to this area.

Objective 3: To ensure that all digital switchover related information and modes of communication are appropriate, flexible and accessible for target audiences

See information under Objectives 1 and 2 above.

Objective 4: To consult with a range of ethnically and/or culturally diverse communities in the planning and roll-out of digital switchover

Key achievements during 2009/2010

We consult annually with people who are eligible for the Help Scheme specifically to ensure that the scheme is shaped by its users.

Area for improvement

We are investigating how to increase the involvement of more eligible people in delivering the Help Scheme.

Objective 5: To gather and use information effectively in order to monitor and assess the impact of current and planned digital switchover policies and practices with regard to race equality Key achievements during 2009/2010

The Help Scheme Equalities Working Group meets quarterly, and is attended by all members of the senior team. The group monitors and reports on progress related to commitments in each of the BBC equality schemes, including the Race Equality Scheme.

All major decision making forums e.g. Design Authority, Markets Direction Group are charged with undertaking Equality Impact Assessments (EIAs) on all major decisions.

The existing customer satisfaction survey, customer complaints procedure and installation inspections have all been designed to identify any race equality issues. They are reviewed systematically and issues are logged and progress monitored in the equalities action plan. We have completed the first round of mystery shopping which demonstrated strong performance by call centre staff in dealing with the needs of people using the Help Scheme. A second mystery shopping exercise will take place in Feb / March 2010 in which customers will have the opportunity to give feedback on their experience.

50

The Digital UK tracker informs us of awareness and understanding of the Help Scheme among black and minority ethnic people. Separate to that, Digital UK’s Ethnibus research regularly tracks awareness and understanding of the Scheme amongst black and minority ethnic audiences. Following the planned round of fieldwork in July a further survey was carried out in the North West specifically to evaluate the impact of dedicated activity in the Granada region in the last few months before switchover designed to target BME communities. Results indicated an increase in awareness of the Help Scheme among BME audiences of 23 percentage points from 15% in July 2009 to 38% in October 2009. 97% of all BAME respondents were confident that their homes will be ready for switchover and more 53% of the BAME population in the North West felt that they received enough information about the Help Scheme.

Area for improvement

To ensure that EIAs are used more systemically to evaluate all major decisions.

Objective 6: To ensure effective internal monitoring and Race Equality Scheme (RES) outcomes evaluation All four of the major decision making forums, namely the Design Authority,

the Operations Group, the Markets Direction Group, and the Marketing and Communications Group, are now explicitly charged with undertaking EIAs on all major decisions.

Quarterly research will accompany our annual consultation to assist us to review our progress against our commitments in the BBC equality schemes, including the Race Equality Scheme, identify lessons and any remedial action.

BBC public functions (under the BBC Agreement)

Public function: Making the UK public services widely available For more detail on this public function and the related actions, see Section 9, Action Plan, Part 3 (ii), of the Race Equality Scheme.

Public function: Code relating to provision for deaf and visually impaired people and power to modify targets For more detail on this public function and the related actions, see Section 9, Action Plan, Part 3 (ii), of the Race Equality Scheme.

Public function: Reports and accounts about the commercial services For more detail on this public function and the related actions, see Section 9, Action Plan, Part 3 (ii), of the Race Equality Scheme.

51

Public function: The BBC may be requested to broadcast or distribute announcements in relation to defence and emergency arrangementsFor more detail on this public function and the related actions, see Section 9, Action Plan, Part 3 (ii), of the Race Equality Scheme.

Other BBC public functions (under the BBC Agreement) Public function: Making the UK public services widely available For more detail on this public function and the related actions, see section 8, Action Plan, Part 3 (ii).

Public function: Code relating to provision for deaf and visually impaired people and power to modify targets For more detail on this public function and the related actions, see section 8, Action Plan, Part 3 (ii).

Public function: Reports and accounts about the commercial services For more detail on this public function and the related actions, see section 8, Action Plan, Part 3 (ii).

Public function: The BBC may be requested to broadcast or distribute announcements in relation to defence and emergency arrangements For more detail on this public function and the related actions, see section 8, Action Plan, Part 3 (ii).

52

6 The BBC’s broader approach to promoting race ethnic and cultural equality The Race Equality Scheme is limited to how the BBC applies the Race Equality Duty to its public functions. However, while not within its legal obligations, the BBC ‘s Diversity Strategy aims to integrate consideration of equality and diversity, including race equality within everything it does.

The BBC aims to promote race equality generally through seeking to understand and meet the specific and diverse requirements of people from different ethnic and cultural backgrounds and by ensuring that they are consulted with in order to achieve fair and equal outcomes for all sections within those communities. This approach is based on the BBC’s Diversity Strategy and is underpinned by its core values: Audiences, Respect and Working Together. It is also driven, in part, by the specific duties relating to equal opportunities which are placed on the BBC by the BBC Charter and Agreement (ref. Charter Articles 44 (1) (a) and (b) and (2) (b), and Agreement Clause 83).

6.1 BBC Diversity Strategy

The BBC’s diversity strategy outlines the Corporation’s overall approach and priorities for action in terms of equality and diversity, including race equality.

The strategy defines diversity as a creative opportunity for the BBC to connect with all UK audiences in all their diversity.

The strategy has four main areas of activity, aimed at integrating diversity into:  Corporate strategy – how the BBC meets its six public purposes and plans

for the future Audiences – how the BBC engages with all audiences in all their diversity Output and content – how the BBC authentically reflects the diversity of

the nation Workforce – how the BBC promotes a diverse workforce across the

organisation and at all levels

Set out below are examples of activity, against the key areas of the Diversity Strategy which aim to promote and enhance equality.

6.1.1 Diversity Strategy – Corporate Strategy

Race equality sits firmly within the BBC’s Diversity Strategy. This key area of the strategy is concerned with integrating diversity within how the BBC plans for the future and priortises:

Mainstreaming diversity into how the BBC operates by for example, building routine consideration of diversity through strategic and

53

business planning, major projects and policy development (eg BBC North, Digital Switchover and key partnerships).

Ensuring that the BBC remains compliant with current equality legislation, eg having up to date Equality Schemes in place, and providing reasonable adjustments for disabled staff.

Communicating and sharing examples of good practice on diversity across the organisation and beyond via partnership and collaborative working.

Examples of activity here are:

All BBC divisions are required to develop a Diversity Action Plan which sets out the practical steps they are taking to implement the Diversity Strategy. The action plans address each of the four headline areas: corporate strategy, audiences, output and content, and workforce planning. Diversity Champions across the organisation drive this process within their divisions, supported by Diversity Action Groups. The Diversity Centre monitors progress against the Diversity Strategy across the organisation and reports to Diversity Board, chaired by Mark Thompson, the Director-General.

The BBC is a member of the Cultural Diversity Network (CDN) alongside Sky, Five, Channel 4, GMTV, SMG, ITN, ITV and Pact, a network of broadcasters promoting cultural diversity both on and off screen. The network aims to facilitate real change and to liaise with both performers and decision-makers to keep diversity at the top of the agenda.

Last year, the BBC worked with other broadcasters to develop the CDN Diversity Pledge to encourage diversity commitment across the independent sector. The BBC expects its suppliers to sign up to the initiative. The BBC and Channel 4 now have a Pact Diversity Advisor whose role is to persuade Pact members to sign up to the Diversity Pledge and undertake the activities outlined in it. The BBC has also supported the CDN Portrayal Monitoring Research commissioned by Channel 4 and designed to help move towards a single portrayal measurement framework, agreed across broadcasters. The BBC also participated in the CDN Mentoring Scheme, an initiative open to black and minority ethnic people with proven experience in any area of programme making or broadcasting. Successful applicants received 12 months mentoring from leading figures within the creative industry.

6.1.2 Diversity Strategy - Audiences

For the BBC, recognising the cultural impact of multi-ethnic Britain and reflecting this back in our output and portrayal, will help us improve our relevance and credibility with black and minority ethnic people.

In an effort to connect with our audience, BBC 1Xtra and BBC Blast teamed up to give young people who were not in education or employment or training the chance to progress their career options and take over the station’s airwaves for a day. Through the U Takeover training scheme, 22 participants, aged 18-24 spent three months developing their radio and online

54

production skills in preparation for a full day of 1Xtra radio and online which took place last September. Participants were mentored by 1Xtra producers, DJs including Trevor Nelson, Target and Rampage, tasked with building a schedule of music programmes and documentaries for broadcast, including a pre-recorded Maida Vale session.

The project culminated in a two week placement at 1Xtra in September 2009.

BBC Birmingham produced an excellent website for Ramadan, including a daily blog from a non-Muslim who chose to fast in order to learn more about the experience.

BBC Hausa is giving mobile phones to villages as part of an innovative solution to connect with seldom heard audiences in Nigeria. Via Labarinku A Tafinku (Your News in Your Palms), local people can send in reports and pictures about themselves and their communities. The programme has been rolled out in six villages in northern Nigeria.

The All Party Parliamentary Group for Gypsy and Traveller Law Reformcontacted the BBC last year to discuss the level of consideration we give to Gypsy and Traveller communities. We have responded to the issues raised and programme makers are now exploring the creative opportunities in working with this community.

6.1.3 – Diversity Strategy - Output and content

The BBC strives to make programmes that reflect the reality of our society through honest and authentic representation of our diverse audiences. Below are examples of the BBC increasing its commitment to the inclusion and portrayal of black and minority ethnic people on screen and on-air:

Radio

Writer Kenan Malik explored how the perception of Islam has been shaped by the media in BBC Radio 4’s Islam, Mullahs and the Media.

In Youssou N’Dour at 50: Africas’s Star on BBC Radio 4, Robin Denselow profiled the musician Youssou N’Dour for, as he reached his 50th birthday, and travels to Senegal to interview the singer in his home city of Dakar. N’Dour has been making music for nearly 40 years and has collaborated with many international artists.

BBC Radio 4’s Between Ourselves, Shazia Mirza and Paul Senna with Olivia O’Leary talked about being Asian comedians.

On the set of her new film, director Gurinder Chadha told the story of her dual nationality and how it has enriched her hit films in BBC Radio 4’s Gurinder, The Movie.

Beauty of Britain, Radio 4 – A comedy by Christopher Douglas and Nicola Sanderson about one woman’s progress through a foreign country as she

55

searches for personal fulfilment. It shows the process from the point of view of an economic migrant, Beauty Olonga whose Southern African Shona background has taught her to respect age.

From Harvey River was Book of the Week on BBC Radio 4. Donna Croll read from Lorna Goodison’s portrait of past generations of her unconventional family in Harvey River, Jamaica.

As part of World Routes on BBC Radio 3, Lucy Duran presented highlights from the 2009 Gnawa and World Music Festival in Essaouira on Morocco’s Atlantic coast.

Last year, The BBC Proms included a number of musically diverse performances. DJ and Drum and Bass producer Goldie revealed a specially written, Darwin inspired work, his first ever for a classical orchestra, ukuleles and Indian Voices all broadcasted live on BBC Radio 3.

Radio 5 Live’s Up All Night presenter Dotun Adebayo received an MBE from the Princess Royal at Buckingham Palace for his services to the arts.

BBC World Service’s Save Our Sounds won gold for the Best Cross-Media Promotion or Campaign at the Radio Academy Promotions & Marketing awards. The project was produced in conjunction with the BBC World Service and AudioBoo, allowing users from around the world to upload endangered sounds for example from places such as London, Delhi, Beijing and New York, directly to the site for playback online and in broadcast.

Television

BBC Persian TV celebrated its first anniversary on January 14th 2010 in which time it has already secured an excellent reputation. BBC Persian TV won the Hot Bird Award for Best News Channel of 2009. The channel also won an award for the clearest coverage of a single news event for the Iranian elections.

BBC World News won best investigative documentary for Korea: Out of the North

CBeebies commissioned two major new series celebrating diversity and culture across the UK: Let’s Celebrate and Same Smile. Let’s Celebrate visited different UK communities each episode by visiting a family or group of children who were getting ready for a festival – be it dressing up, decorating the house, preparing food. The story behind the festival is incorporated. Festivals featured in the series included Vaisakhi, Eid-ul-Fitr, Holi, Vesak, Purim, Diwali, Easter, St Patrick’s Day, St David’s Day, St Andrew’s Day and Norouz. Same Smile, created for two to four year olds offered a window on the world of young children and celebrated the diversity of their lives.

BBC Two’s Caribbean Food Made Easy – a popular Caribbean cookery series in which passionate food enthusiast Levi Roots travels around Jamaica and across the UK.

56

Small Island, Andrea Levy’s award-winning novel Small Island was adapted for television. Set against the backdrop of the Second World War, it told the story of the first wave of Caribbean immigrants to Britain. Small Island followed the interlocking lives of Londoner Queenie a young Jamaican couple who become her lodgers, Gilbert and Hortense, Queenie's husband Bernard, and Michael.

BBC One’s Make Me White - Anita Rani (presenter of Watchdog and The One Show) went on a journey to find out why the market for cosmetics to lighten darker skin is now reported to be worth millions of pounds.

The Marchioness: A Survivor's Story, BBC One - Jonathan Phang, television presenter and renowned fashion agent who has represented top models including Naomi Campbell, Jodie Kidd and who organised the Marchioness boat party in 1989 and has always felt responsible for the death of 51 people after the boat was sunk by the dredger Bowbelle. Twenty years on, he decided to reconnect with other survivors of the disaster.

The World’s Strictest Parents, BBC Three - British teenagers are sent abroad to live with strict families in an experiment to explore different parenting styles.

Escape to the Country, a property series in which Denise Nurse, a black presenter seeks the perfect family home for couples.

E20, EastEnders’ online spinoff written by diverse young people from the East End, achieved 1 million views of episodes and clips on iPlayer. Tiana Benjamin won The Birmingham Black International Film Festival and Music Video and Screen Award for her role as Chelsea Fox in EastEnders while EastEnders itself, won the award also for Best UK Drama with Black Ethnic Cast.

6.1.4 Diversity Strategy - Workforce

In order to help us meet our Public Purpose objective of ‘representing the UK, its nations, regions and communities’, it is vital that we attract and retain the greatest diversity of people to work for us, from all ethnic origins, cultures and communities and capitalise on the advantages that those skills, talents and life experiences bring to our organisation.

The BBC has set targets for ensuring that diversity is reflected on and off air, supported by a number of initiatives aimed at promoting diversity in the workforce and in output and content.

The current ethnicity workforce targets, to be met by December 2012 are:

12.5% for black and minority ethnic staff overall (12.2% as at 28 February 2010)

57

7% for ethnic minority staff at SM1 and SM2 grades (5.6% as at 28 February 2010)

The BBC is not complacent about its progress to date on ethnicity, and recognises that there is more work to be done to achieve a diverse workforce, particularly at senior management level. The BBC has invested in a number of key initiatives to help meet our workforce targets. These include:

The Mentoring and Development Programme for potential high fliers. 50% of places on the scheme are ring fenced for black and minority ethnic staff.

The Journalism Trainee, and Talent Pool - The Journalism Talent Pool,a programme which aims to attract talented working journalists, made the Race for Opportunity “Widening the Talent Pool” award shortlist in 2009. This relates to a programme/work or initiative which increases the diversity of ones workforce, this can be activity linked to outreach, recruitment, progression, development.  Even though the initiative was unsuccessful in wining the award, JTP represents a strong diversity initiative for the BBC.

Targeting diverse communities through our recruitment advertising, careers fairs and outreach activities.

Linking with universities and education institutions attended by diverse people.

Using the BBC’s move to Salford as an opportunity to attract diverse people to work with/for the BBC.

Holding open sessions in different parts of the UK to encourage groups under-represented in the BBC to apply.

Playing an active role in industry networks aimed at creating a skilled and diverse workforce across broadcasting.

The BBC is a member of Race for Opportunity (RFO), a part of Business in the Community which offers tailored, pragmatic advice to public and private sector organisations, on promoting race equality. 2009 represents the 6th year in which the BBC has taken part in RFO’s benchmarking scheme which compares organisations on their record on race equality. The BBC achieved silver standard this year and ranked 13th overall and 3rd in the Media, Communication and IT sector. However, we scored lower on supplier diversity and this is an area which we hope to address.

58

6.2 Welsh Language Scheme and Gaelic provision

Welsh Language Scheme Under the Welsh Language Act 1993, the BBC adopted the principle that, in the conduct of public business in Wales, it will treat the English and Welsh languages on a basis of equality.

The BBC has published its own Welsh Language Scheme, which states how it recognises the principle of equality between the English and Welsh languages. Within Wales, the Board of Management of BBC Cymru Wales is responsible for ensuring the successful administration of the scheme and for communicating its policies to each department and its broadcasting centres in Wales. On a wider corporate basis, the BBC’s General Counsel is responsible for the scheme. The scheme itself is published on the BBC website and a report on its operation is included each year in the BBC Cymru Wales Annual Review.

The BBC Trust is compliant with the BBC’s Welsh Language Scheme, which was drawn up under the Welsh Language Act (1993), and is committed to ensuring the involvement of Welsh speakers in its consultation and engagement activities (see section 4.3.2 for more detail).

TV Licensing is currently developing a separate Welsh Language Scheme to cover its activities, which will set out how it will treat the English and Welsh languages on the basis of equality.

Specific Welsh-language communications All letters received by the BBC will receive signed replies in the language

of the originating correspondence. Telephone callers to the main BBC Cymru Wales number will receive a

bilingual greeting. When it is not possible to respond in Welsh immediately to telephone calls made in Welsh, callers will be given the choice of being transferred to a Welsh speaker, continuing the conversation in English, or being called back by a Welsh speaker.

Core corporate information online will be available in Welsh, and the BBC Cymru Wales corporate information website is bilingual.

At all BBC public meetings held in Wales, people attending will be able to contribute in Welsh or English.

Gaelic provision At a meeting on 24 January 2008 the BBC Trust gave its approval, subject to certain conditions, for the BBC in partnership with the Gaelic Media Service to launch a Gaelic Digital Service (GDS). Following a full Public Value Test, the Trust approved the service to launch on cable, satellite and broadband, but not on Freeview at that time. A year from launch the Trust is in the process of conducting a review of the channel’s performance to date and is also consulting on the proposal to launch on Freeview.

59

The channel, which is operated by BBC Scotland and the Gaelic Media Service, is aimed at improving the quality and quantity of broadcast support for the language, extending the current audience for Gaelic programming and providing an exciting new service for licence fee payers across Scotland.

60

7 Assessment of functions and policies

7.1 The General Duty Under the Race Relations Act 1976 (as amended), when carrying out public functions the BBC has a statutory duty: 1 To eliminate unlawful racial discrimination

2 To promote equal opportunities

3 To promote good relations between people from different racial groups

The BBC will meet this General Duty by building race equality into policy-making, service delivery, regulation and enforcement. Each of the three parts of the General Duty will be separately considered, regardless of any instances of overlap between them that may arise. In order to do this in a systematic and consistent way across all those BBC activities (see below) which are covered by the General Duty and this Scheme, all relevant constituent functions and policies (including proposed policies) have been assessed and prioritised, as required under the specific duties – article 2(2) (a) of the 2001 Order as set out under Section 71(1) of the Race Relations Act 1976 (as amended).

The following are public functions of the BBC for the purpose of this Scheme: A TV licensing

B The BBC Trust in relation to certain functions under the BBC Charter and Agreement

C The BBC in relation to certain functions under the BBC Charter and Agreement

To ensure compliance with this specific duty, the various functions and policies which are carried out and implemented in pursuance of the three BBC public function areas above have been listed and assessed for relevance to the General Duty.

7.2 Assessing functions and policies Identification Functions and policies relevant to race equality have been identified by: Assessing which functions and policies involve or affect the public Assessing which of these functions and policies could result in unlawful

racial discrimination, unequal opportunities or poor race relations Assessing individual functions and policies on the basis of how relevant

each is to promoting race equality

61

General notes on assessments Where a function or policy has been assessed as relevant to (2) “promoting equal opportunities”, it is normally the case that that function or policy will also be assessed as relevant to (1) “eliminating unlawful racial discrimination”, as the elimination of unlawful discrimination, which may be direct or indirect (and in the case of the latter may be quite unintentional) is likely to result in a promotion or maximisation of equality of opportunity. Vice versa, the active promotion of equal opportunities is likely to lead to a reduction or elimination of cases of unlawful discrimination (direct or indirect).

Where a function or policy has been assessed as relevant to (3) “promoting good race relations”, consideration is given to relations (or perceived relations) between the organisation carrying out the assessment (in this case the BBC and the BBC Trust) and diverse community groups, as well as to relations between those diverse community groups.

Prioritisation Individual functions and policies are set out within the Assessment Grid, which is divided into three main parts – TV licensing, BBC Trust, and digital switchover (including the Help Scheme) – plus some other public function areas such as access to UK public services. In line with the Equality and Human Rights Commission’s guidance, an Assessment Grid has been used to assess the relevance of individual functions and policies to the General Duty by considering and scoring the potential for impact on different ethnic and cultural groups. Scoring levels are indicated as high-level priority, medium-level priority or low-level priority.

High priority The function or policy is relevant to most parts of the General Duty. There is substantial evidence that some racial groups are (or could be)

differently affected by the function or policy. There is substantial public concern about the function or policy

Medium priority The function or policy is relevant to most parts of the General Duty. There is some evidence that some racial groups are (or could be)

differently affected. There is some public concern about the function or policy.

Low priority All other functions and policies relevant to race equality work.

Future assessment and action

62

Based on the potential impact scoring of each relevant function and policy, the Assessment Grid prioritises those to be addressed through a detailed race equality impact assessment or specific action during the life of this Scheme. This process has been reviewed for the extension of this Race Equality Scheme for 2010-2011. This assessment has informed the review of the Action Plan.

Note on terminology For the purposes of the Assessment Grid : “equal opportunities” is defined as fair and equal access to information

and services for people from different ethnic and cultural (racial) groups (in order that fair and equal outcomes are achieved and maintained for all diverse groups)

“evidence” is defined as sound data or information (which may be either or both qualitative or quantitative) on which to base proof and is therefore something more than opinion

“differently affected” is defined as being affected in either a positive or a negative way

“reason” is defined as any justification or cause to believe that a particular state of affairs may or could exist

63

A TV Licensing TV Licensing is a public function of the BBC which is covered by the Race Equality Scheme (see Annex for list of public functions and policies).

Assessment Grid Public function 1 – Promotion of licensing requirements: communication with the general public 1. Is the function or policy relevant to the General Duty? Which of the three parts does it apply to, if any? a. Eliminating unlawful discrimination? Yes b. Promoting equal opportunities? Yes c. Promoting good race relations between people or different racial groups? Yes

2. How relevant is the function or policy? a. Is there any evidence that some racial groups may be differently affected and if yes, which racial groups? No b. If no evidence, is there still any reason to believe that some racial groups may be differently affected and if yes, which racial groups? Yes – those groups which do not have the information translated into their language. c. Overall, how much evidence is there? None

3. Justification or evidence a. Is there any evidence of public concern that the function or policy is being carried out in a discriminatory way (choose from None, A Little, Some, Substantial Amount)? None

4. Priority – Low

5. RES year – 2010-11

Public function 2 – Promotion of licensing requirements: external stakeholder management 1. Is the function or policy relevant to the General Duty? Which of the three parts does it apply to, if any? a. Eliminating unlawful discrimination? Yes b. Promoting equal opportunities? Yes c. Promoting good race relations between people or different racial groups? Yes

2. How relevant is the function or policy? a. Is there any evidence that some racial groups may be differently affected and if yes, which racial groups? No

64

b. If no evidence, is there still any reason to believe that some racial groups may be differently affected and if yes, which racial groups? Yes – those groups which do not have the information translated into their language. c. Overall, how much evidence is there? None

3. Justification or evidence a. Is there any evidence of public concern that the function or policy is being carried out in a discriminatory way (choose from None, A Little, Some, Substantial Amount)? None

4. Priority – Low

5. RES year – 2010-11

Public function 3 – Customer relations 1. Is the function or policy relevant to the General Duty? Which of the three parts does it apply to, if any? a. Eliminating unlawful discrimination? Yes b. Promoting equal opportunities? Yes c. Promoting good race relations between people or different racial groups? Yes

2. How relevant is the function or policy? a. Is there any evidence that some racial groups may be differently affected and if yes, which racial groups? No b. If no evidence, is there still any reason to believe that some racial groups may be differently affected and if yes, which racial groups? Yes (as they have to call in business hours to use translation service) and all who need to use the translation service. c. Overall, how much evidence is there? None

3. Justification or evidence a. Is there any evidence of public concern that the function or policy is being carried out in a discriminatory way (choose from None, A Little, Some, Substantial Amount)? None

4. Priority – Low

5. RES year – 2010-11

Public function 4 – Operations: general This function is also relevant to the General Duty. However, it is too broad to include in the assessment grid and is covered more thoroughly by the TVL Action Plan (see section 8, Action Plan 1).

65

Public function 5 – Operations: policy development (including new and existing policies) 1. Is the function or policy relevant to the General Duty? Which of the three parts does it apply to, if any? a. Eliminating unlawful discrimination? Yes b. Promoting equal opportunities? Yes c. Promoting good race relations between people or different racial groups? Yes

2. How relevant is the function or policy? a. Is there any evidence that some racial groups may be differently affected and if yes, which racial groups? No b. If no evidence, is there still any reason to believe that some racial groups may be differently affected and if yes, which racial groups? No. (However, equality impact assessment processes will be built into standard policy development processes – see Action Plan.) c. Overall, how much evidence is there? None

3. Justification or evidence a. Is there any evidence of public concern that the function or policy is being carried out in a discriminatory way (choose from None, A Little, Some, Substantial Amount)? None (based on EIAs conducted to date – see section 8, Action Plan Part 1 for further details – and regular contact with Race Equality Councils and community groups).

4. Priority – Medium (assessed as ‘Medium’ priority because although no clear evidence available, TVL recognise need to ensure timely and consistent screening of policies and functions)

5. RES year – 2010–2011 ongoing

Public function 6 – Operations: database management 1. Is the function or policy relevant to the General Duty? Which of the three parts does it apply to, if any? a. Eliminating unlawful discrimination? Yes (the database currently does not discriminate on the basis of race as it mainly relates to automated processes). b. Promoting equal opportunities? Yes (the database currently does not discriminate on the basis of race as it mainly relates to automated processes). c. Promoting good race relations between people or different racial groups? No

2. How relevant is the function or policy? a. Is there any evidence that some racial groups may be differently affected and if yes, which racial groups? No

66

b. If no evidence, is there still any reason to believe that some racial groups may be differently affected and if yes, which racial groups? No

67

c. Overall, how much evidence is there? None

3. Justification or evidence a. Is there any evidence of public concern that the function or policy is being carried out in a discriminatory way (choose from None, A Little, Some, Substantial Amount)? None

4. Priority – Low

5. RES year – 2010-11

Public function 7 – Operations: payment processing 1. Is the function or policy relevant to the General Duty? Which of the three parts does it apply to, if any? a. Eliminating unlawful discrimination? Yes. (We currently meet the needs of different racial groups. However, we recognise that we need to continue to accept cash payments.) b. Promoting equal opportunities? Yes. (We currently meet the needs of different racial groups. However, we recognise that we need to continue to accept cash payments.) c. Promoting good race relations between people or different racial groups? No

2. How relevant is the function or policy? a. Is there any evidence that some racial groups may be differently affected and if yes, which racial groups? No b. If no evidence, is there still any reason to believe that some racial groups may be differently affected and if yes, which racial groups? Yes. Research and demographic data suggests that cash payments may be more appropriate for some minority ethnic groups on low incomes. c. Overall, how much evidence is there? None

3. Justification or evidence a. Is there any evidence of public concern that the function or policy is being carried out in a discriminatory way (choose from None, A Little, Some, Substantial Amount)? None

4. Priority – Low

5. RES year – 2010-11

Public function 8 – Operations: issuing licences 1. Is the function or policy relevant to the General Duty? Which of the three parts does it apply to, if any? a. Eliminating unlawful discrimination? Yes (e.g. if people could not read the licence).

68

b. Promoting equal opportunities? Yes (e.g. if people could not read the licence). c. Promoting good race relations between people or different racial groups? No

69

2. How relevant is the function or policy? a. Is there any evidence that some racial groups may be differently affected and if yes, which racial groups? No b. If no evidence, is there still any reason to believe that some racial groups may be differently affected and if yes, which racial groups? Unlikely (to be examined in more detail – see Action Plan). c. Overall, how much evidence is there? None

3. Justification or evidence a. Is there any evidence of public concern that the function or policy is being carried out in a discriminatory way (choose from None, A Little, Some, Substantial Amount)? None

4. Priority – Low

5. RES year – 2010 -11 (see Action Plan for current action)

Public function 9 – Enforcement: visiting and prosecution 1. Is the function or policy relevant to the General Duty? Which of the three parts does it apply to, if any? a. Eliminating unlawful discrimination? Yes, potentially (e.g. if staff are not trained in race equality duties). b. Promoting equal opportunities? Yes, potentially (e.g. if staff are not trained in race equality duties). c. Promoting good race relations between people or different racial groups? Yes, potentially (e.g. if staff are not trained in race equality duties).

2. How relevant is the function or policy? a. Is there any evidence that some racial groups may be differently affected and if yes, which racial groups? No b. If no evidence, is there still any reason to believe that some racial groups may be differently affected and if yes, which racial groups? No. (However, training is included in Action Plan.) c. Overall, how much evidence is there? None

3. Justification or evidence a. Is there any evidence of public concern that the function or policy is being carried out in a discriminatory way (choose from None, A Little, Some, Substantial Amount)? None

4. Priority – Medium (assessed as ‘Medium’ priority because although no clear evidence available, TVL recognise need for staff’s consistent implementation of race equality duties)

5. RES year – 2010-11 ongoing

70

Public function 10 – Procurement 1. Is the function or policy relevant to the General Duty? Which of the three parts does it apply to, if any? a. Eliminating unlawful discrimination? Yes (e.g. if potential contractors are not assessed for their commitment to race equality). b. Promoting equal opportunities? Yes c. Promoting good race relations between people or different racial groups? Yes

2. How relevant is the function or policy? a. Is there any evidence that some racial groups may be differently affected and if yes, which racial groups? No b. If no evidence, is there still any reason to believe that some racial groups may be differently affected and if yes, which racial groups? No. (However, assessment of contractors for equalities understanding and commitments is included in Action Plan.) c. Overall, how much evidence is there? None

3. Justification or evidence a. Is there any evidence of public concern that the function or policy is being carried out in a discriminatory way (choose from None, A Little, Some, Substantial Amount)? None

4. Priority – Low

5. RES year – 2010-11 (see Action Plan for current action)

71

B The BBC Trust’s (public) functions and policies Certain functions of the BBC Trust are public functions which are covered by the Race Equality Scheme (see Annex for list of public functions and policies).

Assessment Grid Charter Article 22

BBC stewardship of the licence fee revenue and its other resources

1. Is the function or policy relevant to the General Duty? Which of the three parts does it apply to, if any? Function very broad and will be more appropriately addressed through further and more specific functions captured in this grid.

Charter Article 22

Upholding the public interest within the BBC, particularly the interest of licence fee payers 1. Is the function or policy relevant to the General Duty? Which of the three parts does it apply to, if any? Function very broad and will be more appropriately addressed through further and more specific functions captured in this grid. Charter Article 23

General duties of the Trust

1. Is the function or policy relevant to the General Duty? Which of the three parts does it apply to, if any? Article 23 does not create self-standing public functions, but will be relevant to the BBC's exercise of its functions insofar as these are public functions for the purposes of the Scheme.Charter Article 24 (1) (c) Addressing the performance of the Executive Board and holding it to account 1. Is the function or policy relevant to the General Duty? Which of the three parts does it apply to, if any? Function too broad, so will be more appropriately addressed through further and more specific functions captured in this grid.

Charter Article 24 (2) (c)

The process of issuing service licences for BBC services and monitoring compliance with them1. Is the function or policy relevant to the General Duty? Which of the three parts does it apply to, if any? a. Eliminating unlawful discrimination? Yes – aims to ensure no group is unlawfully discriminated against on the grounds of race when issuing and monitoring a service licence

72

b. Promoting equal opportunities? Yes – ensuring equal access to service licences. Note that the (broadcast) content is out of scope. c. Promoting good race relations between people or different racial groups? No

2. How relevant is the function or policy? a. Is there any evidence that some racial groups may be differently affected and if yes, which racial groups? No. The performance of all those BBC Services with Service licences are reported on each year in the BBC’s Annual Report and Accounts. Over the last three years there has been no evidence of any racial groups being negatively affected. b. If no evidence, is there still any reason to believe that some racial groups may be differently affected and if yes, which racial groups? Yes. Any member of racial groups that do not read or speak English or Welsh (or who may have experienced only an oral communications tradition) – likely to be prevalent among minority ethnic groups – may be detrimentally affected. c. Overall, how much evidence is there? No evidence. To date the BBC Trust has not received a request to translate a service licence into a language not already provided.

3. Justification or evidence a. Is there any evidence of public concern that the function or policy is being carried out in a discriminatory way (choose from None, A Little, Some, Substantial Amount)? None (to date)

4. Priority – low

5. RES year – 2010 – 2011

Charter Article 24 (2) (f)

Discharging the regulatory functions according to the Trust and holding the Executive Board to account for the BBC’s compliance with programme standards, quotas and the law 1. Is the function or policy relevant to the General Duty? Which of the three parts does it apply to, if any? Function too broad, so will be addressed through further and more specific functions captured in this grid.

Charter Article 24 (2) (g)

Setting the framework within which the BBC should handle complaints

1. Is the function or policy relevant to the General Duty? Which of the three parts does it apply to, if any? a. Eliminating unlawful discrimination? Yes – aims to ensure that no group is discriminated against, on the grounds of race, when seeking to make a complaint to the BBC.

73

b. Promoting equal opportunities? Yes – ensuring equal access to the complaints process. c. Promoting good race relations between people or different racial groups? Yes – promoting good relations via active involvement of diverse ethnic/cultural groups.

74

2. How relevant is the function or policy? a. Is there any evidence that some racial groups may be differently affected and if yes, which racial groups? No. However, the BBC Trust is currently testing the revised BBC complaints framework and procedures which were introduced in summer 2008. This may provide some further insight. b. If no evidence, is there still any reason to believe that some racial groups may be differently affected and if yes, which racial groups? Yes. Any member of racial groups that do not read or speak English (or who may have experienced only an oral communications tradition) – likely to be prevalent among minority ethnic groups – may be detrimentally affected. c. Overall, how much evidence is there? None. BBC Information’s customer satisfaction survey has not highlighted any areas of concern.

3. Justification or evidence a. Is there any evidence of public concern that the function or policy is being carried out in a discriminatory way (choose from None, A Little, Some, Substantial Amount)? None to date..

4. Priority – Medium/high 5. RES year – 2010-2011

Charter Article 24 (2) (h)

Conduct investigations into any of the BBC which it suspects does not comply with requirements supervised by the Trust

1. Is the function or policy relevant to the General Duty? Which of the three parts does it apply to, if any? Function too broad, so will be more appropriately addressed through further and more specific functions captured in this grid.

Charter Article 24 (2) I

Commission value for money investigations into specific areas of BBC activity

1. Is the function or policy relevant to the General Duty? Which of the three parts does it apply to, if any? Function too broad, so will be more appropriately addressed through further and more specific functions captured in this grid.

Charter Article 24 (2) (k)

Setting the BBC’s fair trading policy and holding the Executive Board to account for compliance with it 1. Is the function or policy relevant to the General Duty? Which of the three parts does it apply to, if any? a. Eliminating unlawful discrimination? Yes – aims to ensure that no group is discriminated against, on the grounds of race, in relation to fair trading.

75

b. Promoting equal opportunities? Yes – ensuring equal access to and participation in the fair trading policy consultation. c. Promoting good race relations between people or different racial groups? No

2. How relevant is the function or policy? a. Is there any evidence that some racial groups may be differently affected and if yes, which racial groups? No b. If no evidence, is there still any reason to believe that some racial groups may be differently affected and if yes, which racial groups? Yes. Any member of racial groups that do not read or speak English (or who may have experienced only an oral communications tradition) – likely to be prevalent among minority ethnic groups – may be detrimentally affected. c. Overall, how much evidence is there? None

3. Justification or evidence

a. Is there any evidence of public concern that the function or policy is being carried out in a discriminatory way (choose from None, A Little, Some, Substantial Amount)? None. 4. Priority – Low 5. RES year – 2010-2011

Charter Article 24 (2l)

Setting an approvals framework within with the Trust will assess proposals from the Executive Board for new services, significant changes to existing services, commercial services and other activities 1. Is the function or policy relevant to the General Duty? Which of the three parts does it apply to, if any? a. Eliminating unlawful discrimination? Yes – aims to ensure that no group is discriminated against, on the grounds of race, within the framework the Trust uses to assess proposals from the Executive Board for new services, significant changes to existing services, commercial services and other activities b. Promoting equal opportunities? Yes – ensuring the framework promotes equal opportunities and that there is equal access to and participation in the Trust’s approvals process c. Promoting good race relations between people or different racial groups? Yes – ensuring the framework facilitates the engagement and promotes good race relations between people of different racial groups

2. How relevant is the function or policy? a. Is there any evidence that some racial groups may be differently affected and if yes, which racial groups? No

76

b. If no evidence, is there still any reason to believe that some racial groups may be differently affected and if yes, which racial groups? Yes. Any member of racial groups that do not read/speak English or Welsh (or who may have experienced only an oral communications tradition) – likely to be prevalent among minority ethnic groups – may be detrimentally affected. c. Overall, how much evidence is there? None.

3. Justification or evidence a. Is there any evidence of public concern that the function or policy is being carried out in a discriminatory way (choose from None, A Little, Some, Substantial Amount)? None.

4. Priority – low

5. RES year – Function complete

Charter Article 24 (2) (m)

Ensuring that arrangements for collection of the licence fee are efficient, appropriate and proportionate 1. Is the function or policy relevant to the General Duty? Which of the three parts does it apply to, if any? a. Eliminating unlawful discrimination? Yes – aims to ensure that no group is unlawfully discriminated against, when licence fees are collected. b. Promoting equal opportunities? Yes – promoting equal opportunity. c. Promoting good race relations between people or different racial groups? Yes – possibly relevant with respect to ensuring that TVL has arrangements in place for ensuring that staff are trained to be sensitive to cultural and religious concerns and needs.

2. How relevant is the function or policy? a. Is there any evidence that some racial groups may be differently affected and if yes, which racial groups? Yes. As part of the BBC Trust’s 2008 review of the BBC Executive’s arrangements to collect the licence fee, the research indicated that TV Licensing may need to address a better consideration of the needs of some vulnerable groups such as new migrants. In addition, some groups are positively affected as the TVL multilingual leaflet is translated into 19 different languages. Also social and political factors may influence the level and methods of enforcement among some races.b. If no evidence, is there still any reason to believe that some racial groups may be differently affected and if yes, which racial groups? No c. Overall, how much evidence is there? Some

3. Justification or evidence a. Is there any evidence of public concern that the function or policy is being carried out in a discriminatory way (choose from None, A Little, Some, Substantial Amount)? A little. However research by TV Licensing has shown as inconclusive correlation between enforcement and ethnicity.

77

4. Priority –Medium 5. RES Year – 2010-2011

Charter Article 25

The Trust must adopt and publish protocols setting out a detailed framework within which the Trust will discharge its functions. 1. Is the function or policy relevant to the General Duty? Which of the three parts does it apply to, if any? a. Eliminating unlawful discrimination? Yes – aims to ensure that no group is unlawfully discriminated on the grounds of race through the Trust’s activities. b. Promoting equal opportunities? Yes – promoting equal access to published protocols. c. Promoting good race relations between people or different racial groups? No

2. How relevant is the function or policy?

a. Is there any evidence that some racial groups may be differently affected and if yes, which racial groups? No b. If no evidence, is there still any reason to believe that some racial groups may be differently affected and if yes, which racial groups? Yes. Any member of racial groups that do not read or speak English or Welsh (or who may have experienced only an oral communications tradition) – likely to be prevalent among minority ethnic groups – may be detrimentally affected. c. Overall, how much evidence is there? None. The protocols were republished in Spring 2010 and during the revisions no evidence was found. . 3. Justification or evidence a. Is there any evidence of public concern that the function or policy is being carried out in a discriminatory way (choose from None, A Little, Some, Substantial Amount)? None.

4. Priority – low 5. RES year – Function complete

Charter Article 26

Protocols must require the Trust to seek the views of and engage with licence fee payers and set out how it will do so. The Trust must consult publicly before adopting any protocol under Article 27. 1. Is the function or policy relevant to the General Duty? Which of the three parts does it apply to, if any? a. Eliminating unlawful discrimination? Yes – ensures that no group is unlawfully discriminated against on the grounds of race, in relation to the Trust’s engagement processes.

78

b. Promoting equal opportunities? Yes – ensuring equal opportunity for the many different voices of licence fee payers to be heard by the Trust. Also ensuring equal access and participation in the consultation process. c. Promoting good race relations between people or different racial groups? Yes – promoting good relations via active involvement of all races and ethnic groups. 2. How relevant is the function or policy? a. Is there any evidence that some racial groups may be differently affected and if yes, which racial groups? Yes. Research conducted by the BBC Trust indicates that different racial/ethnic groups prefer to be consulted with in different ways.

b. If no evidence, is there still any reason to believe that some racial groups may be differently affected and if yes, which racial groups? c. Overall, how much evidence is there? Some.

3. Justification or evidence

a. Is there any evidence of public concern that the function or policy is being carried out in a discriminatory way (choose from None, A Little, Some, Substantial Amount)? None.

4. Priority – low

5. RES year – 2010-2011

Charter Article 27

Protocols on openness and transparency

1. Is the function or policy relevant to the General Duty? Which of the three parts does it apply to, if any? a. Eliminating unlawful discrimination? Yes – transparent and open activities help to ensure, as well as demonstrate publicly, that no group is unlawfully discriminated against. b. Promoting equal opportunities? Yes – ensuring equal access to published protocol. c. Promoting good race relations between people or different racial groups? No

2. How relevant is the function or policy? a. Is there any evidence that some racial groups may be differently affected and if yes, which racial groups? No b. If no evidence, is there still any reason to believe that some racial groups may be differently affected and if yes, which racial groups? Yes. Any member of racial groups that do not read or speak English or Welsh (or who may have experienced only an oral communications tradition) – likely to be prevalent among minority ethnic groups – may be detrimentally affected.

79

c. Overall, how much evidence is there? None.

3. Justification or evidence a. Is there any evidence of public concern that the function or policy is being carried out in a discriminatory way (choose from None, A Little, Some, Substantial Amount)? None.

4. Priority – low

5. RES year – Function complete

Charter Article 39 (7) and (8)

The Trust shall set out in a protocol details of how audience councils are to be set up, run and recruited. The Trust may make whatever arrangements it considers appropriate for supporting the work of the Audience Councils. 1. Is the function or policy relevant to the General Duty? Which of the three parts does it apply to, if any? a. Eliminating unlawful discrimination? Yes – aims to ensure that no group is unlawfully discriminated against on the grounds of race, in relation the recruitment to, membership of and the engagement work of the Audience Councils, b. Promoting equal opportunities? Yes – promoting equal opportunity in terms of representation on the Councils (the Charter states that “all appointments are based on merit”). Also promoting equal access and opportunity for licence fee payers to participate in events organised by the Councils. c. Promoting good race relations between people or different racial groups? Yes – via the Councils’ outreach work. (The Charter states that their remit is to engage with licence fee payers including geographically based communities and other communities of interest.) 2. How relevant is the function or policy? a. Is there any evidence that some racial groups may be differently affected and if yes, which racial groups? Yes. Over the years and across the Councils there have been occasions when the membership of Councils didn’t reflect the ethnic /cultural breakdown of the specific nation. Also monitoring data tells us that some ethnic/cultural groups have a lower attendance at certain types of Audience Council events – although this is then supported with targeted activities with different racial groups. b. If no evidence, is there still any reason to believe that some racial groups may be differently affected and if yes, which racial groups? Yes. There is a possibility that some racial groups might feel that the Councils are not aimed at them. Also, the level of documentation which the members have to digest and contribute to might be problematic for those members of racial groups who do not read or speak English or Welsh. c. Overall, how much evidence is there? A little. 3. Justification or evidence

80

a. Is there any evidence of public concern that the function or policy is being carried out in a discriminatory way (choose from None, A Little, Some, Substantial Amount)? None. 4. Priority – Medium 5. RES year – The Protocol is complete, however the work of the Audience Councils is ongoing.

Charter Article 45

The Trust must consider and transmit the annual report and statement of accounts prepared by the Executive Board and prepare and transmit a commentary. 1. Is the function or policy relevant to the General Duty? Which of the three parts does it apply to, if any? a. Eliminating unlawful discrimination? Yes – ensuring no potential unlawful discrimination on the grounds of race in the content of or in providing access to report. b. Promoting equal opportunities? Yes – equal access to the Annual Report. c. Promoting good race relations between people or different racial groups? Yes – portrayal of different racial groups in the Annual Report.

2. How relevant is the function or policy?

a. Is there any evidence that some racial groups may be differently affected and if yes, which racial groups? No. b. If no evidence, is there still any reason to believe that some racial groups may be differently affected and if yes, which racial groups? Yes. Any member of racial groups that do not read or speak English or Welsh (or who may have experienced only an oral communications tradition) – likely to be prevalent among minority ethnic groups – may be detrimentally affected. c. Overall, how much evidence is there? None. 3. Justification or evidence a. Is there any evidence of public concern that the function or policy is being carried out in a discriminatory way (choose from None, A Little, Some, Substantial Amount)? None. 4. Priority – low 5. RES year – 2010-2011

Agreement Clause 5

The Trust shall prepare purpose remits for each of the six public purposes. The Trust shall consult publicly about these. The Trust must keep these under review and may amend them. 1. Is the function or policy relevant to the General Duty? Which of the three parts does it apply to, if any?

81

a. Eliminating unlawful discrimination? Yes – ensures that no groups are unlawfully discriminated against on the grounds of race in relation to the development, consultation and the monitoring of the purpose remitsb. Promoting equal opportunities? Yes – equality of opportunity a key consideration in the development and monitoring of the purpose remits and equal access to the finished purpose remits. c. Promoting good race relations between people or different racial groups? Yes. Promoting good race relations was a key consideration in the development of the purpose remits and on an annual basis is monitored as part of annual purpose remit survey.2. How relevant is the function or policy? a. Is there any evidence that some racial groups may be differently affected and if yes, which racial groups? Yes. The annual purpose remit survey indicates that different ethnic/cultural groups score the performance of the BBC in meeting its purpose remits and priorities differently. b. If no evidence, is there still any reason to believe that some racial groups may be differently affected and if yes, which racial groups? No c. Overall, how much evidence is there? Some. 3. Justification or evidence a. Is there any evidence of public concern that the function or policy is being carried out in a discriminatory way (choose from None, A Little, Some, Substantial Amount)? None. On an annual basis the Trust carries out its Purpose remit survey, which would provide such insight. 4. Priority – Medium5. RES Year – The Purpose Remits are set, however there is an ongoing review of them each year.

Agreement Clause 11 (6)The Trust may approve the launch of new UK Public Services,

termination or material change to the nature of existing services, subject to the

requirements of sub-clauses 16 to 20 and 23 to 33

1. Is the function or policy relevant to the General Duty? Which of the three parts does it apply to, if any? a. Eliminating unlawful discrimination? Yes – ensures that no groups are unlawfully discriminated against on the grounds of raceb. Promoting equal opportunities? Yes – ensuring equality of opportunityc. Promoting good race relations between people or different racial groups? Yes. Promoting good race relations via active involvement of diverse ethnic/cultural groups.2. How relevant is the function or policy?

82

a. Is there any evidence that some racial groups may be differently affected and if yes, which racial groups? No. b. If no evidence, is there still any reason to believe that some racial groups may be differently affected and if yes, which racial groups? No c. Overall, how much evidence is there? None. 3. Justification or evidence a. Is there any evidence of public concern that the function or policy is being carried out in a discriminatory way (choose from None, A Little, Some, Substantial Amount)? None. 4. Priority – Low5. RES Year – 2010-2011

Agreement Clause 15

In performing its functions in relation to the UK public television services, the Trust shall have regard to the purposes of public service television broadcasting set out in section 264 (4) if the Communications Act 2003. 1. Is the function or policy relevant to the General Duty? Which of the three parts does it apply to, if any? a. Eliminating unlawful discrimination? Yes – ensures that no groups are unlawfully discriminated against on the grounds of race. b. Promoting equal opportunities? No. c. Promoting good race relations between people or different racial groups? Yes – promoting good relations. 2. How relevant is the function or policy? a. Is there any evidence that some racial groups may be differently affected and if yes, which racial groups? No b. If no evidence, is there still any reason to believe that some racial groups may be differently affected and if yes, which racial groups? No c. Overall, how much evidence is there? None 3. Justification or evidence a. Is there any evidence of public concern that the function or policy is being carried out in a discriminatory way (choose from None, A Little, Some, Substantial Amount)? None 4. Priority – Low 5. RES year – 2010-2011

Agreement Clause 19

Before issuing a service licence, the Trust must have consulted publicly.

83

1. Is the function or policy relevant to the General Duty? Which of the three parts does it apply to, if any? a. Eliminating unlawful discrimination? Yes – ensures that no groups are unlawfully discriminated against on the grounds of race in relation to consultation on service licence. b. Promoting equal opportunities? Yes – ensuring equal access and participation in the consultation process. c. Promoting good race relations between people or different racial groups? Yes – promoting good race relations via active involvement of diverse ethnic/cultural groups. 2. How relevant is the function or policy? a. Is there any evidence that some racial groups may be differently affected and if yes, which racial groups? Yes. Monitoring data tells us that we do not get a representative proportion of BME groups participating in our online consultations. b. If no evidence, is there still any reason to believe that some racial groups may be differently affected and if yes, which racial groups? Yes. Any member of racial groups that do not read or speak English or Welsh (or who may have experienced only an oral communications tradition) – likely to be prevalent among minority ethnic groups – may be detrimentally affected. c. Overall, how much evidence is there? None. 3. Justification or evidence a. Is there any evidence of public concern that the function or policy is being carried out in a discriminatory way (choose from None, A Little, Some, Substantial Amount)? None

4. Priority – Medium

5. RES year – 2010-2011

Agreement Clause 18

In performing their function of issuing service licences, it is the responsibility of the Trust to determine not only which activities of the BBC should be covered by a service licence, but how they should be covered1. Is the function or policy relevant to the General Duty? Which of the three parts does it apply to, if any? a. Eliminating unlawful discrimination? Yes – ensures that no groups are unlawfully discriminated against on the grounds of race in relation. b. Promoting equal opportunities? Yes – ensuring equal access

c. Promotion of good race relations between people of different racial groups. Yes. Fostering a culture of openness and transparency with regard to the active promotion of race equality buy the BBC Trust.

2. How relevant is the function or policy?

84

a. Is there any evidence that some racial groups may be differently affected and if yes, which racial groups? No. b. If no evidence, is there still any reason to believe that some racial groups may be differently affected and if yes, which racial groups? Yes. Any member of racial groups that do not read or speak English or Welsh (or who may have experienced only an oral communications tradition) – likely to be prevalent among minority ethnic groups – may be detrimentally affected. c. Overall, how much evidence is there? None.

3. Justification or evidence a. Is there any evidence of public concern that the function or policy is being carried out in a discriminatory way (choose from None, A Little, Some, Substantial Amount)? None.

4. Priority – Low

5. RES Year – 2010-2011

Agreement Clause 20

The Trust must review service licences periodically and at least once every five years. The Trust must publish information on its intended programme of reviews. In reviewing a service licence, the Trust must consult publicly. 1. Is the function or policy relevant to the General Duty? Which of the three parts does it apply to, if any? a. Eliminating unlawful discrimination? Yes – ensures that no groups are unlawfully discriminated against on the grounds of race in relation to consultation aspects of the service reviews. b. Promoting equal opportunities? Yes – ensuring equal access and participation in the consultation process. c. Promoting good race relations between people or different racial groups? Yes. Promoting good race relations through the Trust’s engagement work.

2. How relevant is the function or policy? a. Is there any evidence that some racial groups may be differently affected and if yes, which racial groups? Yes. The BBC Trust’s monitoring data tells us that some of the engagement tools we use when carrying out the reviews does not reach a proportionate number of licence fee payers from a black or minority ethnic backgroundb. If no evidence, is there still any reason to believe that some racial groups may be differently affected and if yes, which racial groups? Yes. Any member of racial groups that do not read or speak English or Welsh (or who may have experienced only an oral communications tradition) – likely to be prevalent among minority ethnic groups – may be detrimentally affected. c. Overall, how much evidence is there? Some..

3. Justification or evidence

85

a. Is there any evidence of public concern that the function or policy is being carried out in a discriminatory way (choose from None, A Little, Some, Substantial Amount)? None.

4. Priority – Medium

5. RES Year – 2010-2011

Agreement Clause 21 (5)

(in relation to the BBC’s statements of Programme Policy) The Trust must monitor the BBC’s performance in carrying out the proposals. Each annual report presented by the BBC shall contain a report on the performance of the BBC in this area. 1. Is the function or policy relevant to the General Duty? Which of the three parts does it apply to, if any? a. Eliminating unlawful discrimination? Yes – ensures that no groups are unlawfully discriminated against on the grounds of race in relation to access to public information. b. Promoting equal opportunities? Yes – ensuring equal access to published documents. c. Promoting good race relations between people or different racial groups? No

2. How relevant is the function or policy? a. Is there any evidence that some racial groups may be differently affected and if yes, which racial groups? No b. If no evidence, is there still any reason to believe that some racial groups may be differently affected and if yes, which racial groups? Yes. Any member of racial groups that do not read or speak English or Welsh (or who may have experienced only an oral communications tradition) – likely to be prevalent among minority ethnic groups – may be detrimentally affected. c. Overall, how much evidence is there? None

3. Justification or evidence a. Is there any evidence of public concern that the function or policy is being carried out in a discriminatory way (choose from None, A Little, Some, Substantial Amount)? None 4. Priority – low 5. RES year – 2010-2011

Agreement Clause 22 (3)

It is the Trust’s responsibility to ensure that the principles which underlie the treatment of services are, where relevant, applied to non-service activities in a way which the Trust considers appropriate to the circumstances.

86

1. Is the function or policy relevant to the General Duty? Which of the three parts does it apply to, if any? a. Eliminating unlawful discrimination? Yes – ensures that no groups are unlawfully discriminated against on the grounds of race in relation.

b. Promoting equal opportunities? Yes – ensuring equal access and participation.

c. Promoting good race relations between people or different racial groups? No 2. How relevant is the function or policy? a. Is there any evidence that some racial groups may be differently affected and if yes, which racial groups? No b. If no evidence, is there still any reason to believe that some racial groups may be differently affected and if yes, which racial groups? No. c. Overall, how much evidence is there? None..

3. Justification or evidence a. Is there any evidence of public concern that the function or policy is being carried out in a discriminatory way (choose from None, A Little, Some, Substantial Amount)? None. 4. Priority – low 5. RES year – 2010-2011

Agreement Clause 25 (2)

The Trust must judge when the Public Value Test must be applied before a decision is taken to make any significant changes to the UK public services. 1. Is the function or policy relevant to the General Duty? Which of the three parts does it apply to, if any? a. Eliminating unlawful discrimination? Yes – ensures that no groups are unlawfully discriminated against on the grounds of race in relation to whether a Public Value Test needs to be applied.

b. Promoting equal opportunities? Yes – ensuring equal opportunities with regards to the decision as to whether a Public Value Test needs to be applied.

c. Promoting good race relations between people or different racial groups? No 2. How relevant is the function or policy? a. Is there any evidence that some racial groups may be differently affected and if yes, which racial groups? No

87

b. If no evidence, is there still any reason to believe that some racial groups may be differently affected and if yes, which racial groups? No. c. Overall, how much evidence is there? None..

3. Justification or evidence a. Is there any evidence of public concern that the function or policy is being carried out in a discriminatory way (choose from None, A Little, Some, Substantial Amount)? None. 4. Priority – Medium 5. RES year – 2010-2011

Agreement Clause 26 (4), (5) and (6)

The Trust must consider the outcome of the Public Value and Assessment and the Market Impact Assessment and reach provisional conclusions regarding the proposed change. The assessments must be published. The Trust must consult about its provisional conclusions. 1. Is the function or policy relevant to the General Duty? Which of the three parts does it apply to, if any? a. Eliminating unlawful discrimination? Yes – ensures that no groups are unlawfully discriminated against on the grounds of race in relation to access to public information. Ensure that eliminating unlawful discrimination is considered as part of the decision making process of the Trust’s provisional conclusions. b. Promoting equal opportunities? Yes – ensuring equal access and participation in the consultation process and the policy documents. Ensure that promoting equal opportunities is considered as part of the decision making process of the Trust’s provisional conclusions.

c. Promoting good race relations between people or different racial groups? Yes - Ensure that promoting good race relations is considered as part of the decision making process of the Trust’s provisional conclusions

2. How relevant is the function or policy? a. Is there any evidence that some racial groups may be differently affected and if yes, which racial groups? Yes. The BBC Trust’s Equality Impact Assessments (EIAs) have on occasions indicated that some racial groups are both positively and negatively affected by the proposed changes to existing BBC services or the proposals for new services. These EIAs are published on the BBC Trust website. b. If no evidence, is there still any reason to believe that some racial groups may be differently affected and if yes, which racial groups? Yes. Any member of racial groups that do not read or speak English or Welsh (or who may have experienced only an oral communications tradition) – likely to be prevalent among minority ethnic groups – may be detrimentally affected. c. Overall, how much evidence is there? Some..

88

3. Justification or evidence a. Is there any evidence of public concern that the function or policy is being carried out in a discriminatory way (choose from None, A Little, Some, Substantial Amount)? None 4. Priority – Medium/High5. RES Year – 2010-2011

Agreement Clauses 41

The Trust must provide the Secretary of State with an annual report on what the BBC has done for the purpose of complying with clauses 34 to 40 of this Agreement.

1. Is the function or policy relevant to the General Duty? Which of the three parts does it apply to, if any? a. Eliminating unlawful discrimination? Yes – ensuring that no groups are unlawfully discriminated against on the grounds of race when seeking to access documents. b. Promoting equal opportunities? Yes – ensuring equal access to published documents. c. Promoting good race relations between people or different racial groups? No

2. How relevant is the function or policy? a. Is there any evidence that some racial groups may be differently affected and if yes, which racial groups? No b. If no evidence, is there still any reason to believe that some racial groups may be differently affected and if yes, which racial groups? Yes. Any member of racial groups that do not read or speak English or Welsh (or who may have experienced only an oral communications tradition) – likely to be prevalent among minority ethnic groups – may be detrimentally affected. c. Overall, how much evidence is there? None

3. Justification or evidence a. Is there any evidence of public concern that the function or policy is being carried out in a discriminatory way (choose from None, A Little, Some, Substantial Amount)? None 4. Priority – Medium 5. RES year – 2010-2011

Agreement Clauses 42

The Trust shall secure the efficient use of the radio spectrum available for use by the BBC or its contractors

89

1. Is the function or policy relevant to the General Duty? Which of the three parts does it apply to, if any? a. Eliminating unlawful discrimination? Yes – ensuring that no groups are unlawfully discriminated against on the grounds of race. b. Promoting equal opportunities? Yes – ensuring equality of opportunity for contractors. c. Promoting good race relations between people or different racial groups? No

2. How relevant is the function or policy? a. Is there any evidence that some racial groups may be differently affected and if yes, which racial groups? No b. If no evidence, is there still any reason to believe that some racial groups may be differently affected and if yes, which racial groups? No. c. Overall, how much evidence is there? None

3. Justification or evidence a. Is there any evidence of public concern that the function or policy is being carried out in a discriminatory way (choose from None, A Little, Some, Substantial Amount)? None 4. Priority – low 5. RES year – 2010-2011

Agreement Clauses 43 to 46

The Trust must approve guidelines to secure appropriate standards, specifically in relation to accuracy and impartiality; fairness; programme standards; and news and current affairs.

1. Is the function or policy relevant to the General Duty? Which of the three parts does it apply to, if any? a. Eliminating unlawful discrimination? Yes – ensuring that no groups are unlawfully discriminated against on the grounds of race when seeking to access documents. b. Promoting equal opportunities? Yes – ensuring equal access to published documents. c. Promoting good race relations between people or different racial groups? No

2. How relevant is the function or policy? a. Is there any evidence that some racial groups may be differently affected and if yes, which racial groups? No b. If no evidence, is there still any reason to believe that some racial groups may be differently affected and if yes, which racial groups? Yes. Any member of racial groups that do not read or speak English or Welsh (or who may have

90

experienced only an oral communications tradition) – likely to be prevalent among minority ethnic groups – may be detrimentally affected. c. Overall, how much evidence is there? None

3. Justification or evidence a. Is there any evidence of public concern that the function or policy is being carried out in a discriminatory way (choose from None, A Little, Some, Substantial Amount)? None 4. Priority – low 5. RES year – 2010-2011

Agreement Clauses 48

The BBC must include, in some or all of the UK Public Broadcasting Services, party political broadcasts and referendum campaign broadcasts. The Trust must determine which of the UK Public Broadcasting Services are to include these and the basis on which and the terms and conditions subject to which such broadcasts are to be included. In particular, the Trust may determine, so far as they are permitted to do so the political parties on whose behalf party political broadcasts may be made and the length and frequency of party political broadcasts.

1. Is the function or policy relevant to the General Duty? Which of the three parts does it apply to, if any? a. Eliminating unlawful discrimination? Yes – ensuring that no groups are unlawfully discriminated against on the grounds of race when seeking to access documents. b. Promoting equal opportunities? Yes – ensuring equal access to published documents. c. Promoting good race relations between people or different racial groups? No

2. How relevant is the function or policy? a. Is there any evidence that some racial groups may be differently affected and if yes, which racial groups? None to date. Although the BBC Trust is currently reviewing the BBC’s election processes, that is, party election broadcasts (PEBs), and elections guidelines processes. b. If no evidence, is there still any reason to believe that some racial groups may be differently affected and if yes, which racial groups? No. c. Overall, how much evidence is there? None

3. Justification or evidence a. Is there any evidence of public concern that the function or policy is being carried out in a discriminatory way (choose from None, A Little, Some, Substantial Amount)? None

91

4. Priority – medium 5. RES year – 2010-2011

Agreement Clause 50

The Trust must impose on the Executive Board the requirements it considers appropriate in relation to programming for the nations and regions. The Trust must consult Ofcom on these proposals and must not make certain changes without the agreement of Ofcom. 1. Is the function or policy relevant to the General Duty? Which of the three parts does it apply to, if any? a. Eliminating unlawful discrimination? Yes – ensuring that no groups are unlawfully discriminated against on the grounds of race. b. Promoting equal opportunities? Yes – ensuring equal opportunity. c. Promoting good race relations between people or different racial groups? No

2. How relevant is the function or policy? a. Is there any evidence that some racial groups may be differently affected and if yes, which racial groups? No b. If no evidence, is there still any reason to believe that some racial groups may be differently affected and if yes, which racial groups? No c. Overall, how much evidence is there? None

3. Justification or evidence a. Is there any evidence of public concern that the function or policy is being carried out in a discriminatory way (choose from None, A Little, Some, Substantial Amount)? None 4. Priority – Low 5. RES year – 2010-2011

Agreement Clause 58

The Trust must impose the appropriate requirements on the Executive Board in relation to the production of radio programmes and material for online services. 1. Is the function or policy relevant to the General Duty? Which of the three parts does it apply to, if any? a. Eliminating unlawful discrimination? Yes – ensuring that no groups are unlawfully discriminated against on the grounds of race. b. Promoting equal opportunities? Yes – ensuring equal opportunity. c. Promoting good race relations between people or different racial groups? No 2. How relevant is the function or policy?

92

a. Is there any evidence that some racial groups may be differently affected and if yes, which racial groups? No b. If no evidence, is there still any reason to believe that some racial groups may be differently affected and if yes, which racial groups? No c. Overall, how much evidence is there? None 3. Justification or evidence a. Is there any evidence of public concern that the function or policy is being carried out in a discriminatory way (choose from None, A Little, Some, Substantial Amount)? None 4. Priority – Low 5. RES year – 2010-2011

Agreement Clause 61

The Trust shall require the Executive Board to draw up and from time to time revise a code of practice in relation to the commissioning of independent productions. The Trust must also ensure that when required consultation be taken before a code is drawn up or revised and the publication of every code or revised code. 1. Is the function or policy relevant to the General Duty? Which of the three parts does it apply to, if any? a. Eliminating unlawful discrimination? Yes – aims to ensure no groups are unlawfully discriminated against on the grounds of race in relation to the commissioning code of practice. Plus in relation to the consultation and publication process. b. Promoting equal opportunities? Yes – ensuring equal access to the consultation process when the Trust reviews a code. c. Promoting good race relations between people or different racial groups? Yes – promoting good relations via active involvement of diverse ethnic and cultural groups.

2. How relevant is the function or policy? a. Is there any evidence that some racial groups may be differently affected and if yes, which racial groups? No b. If no evidence, is there still any reason to believe that some racial groups may be differently affected and if yes, which racial groups? Yes. Any member of racial groups that do not read or speak English or Welsh (or who may have experienced only an oral communications tradition) – likely to be prevalent among minority ethnic groups – may be detrimentally affected. c. Overall, how much evidence is there? None 3. Justification or evidence a. Is there any evidence of public concern that the function or policy is being carried out in a discriminatory way (choose from None, A Little, Some, Substantial Amount)? None

93

4. Priority – low 5. RES year – 2010-2011

Agreement Clause 65

The Trust must, after a public consultation, adopt and publish a statement of policy on fair trading. The Trust must keep the policy under review and conduct a comprehensive review at least every three years. 1. Is the function or policy relevant to the General Duty? Which of the three parts does it apply to, if any? a. Eliminating unlawful discrimination? Yes – ensures no groups are unlawfully discriminated against on the grounds of race in relation to the consultation process and policy documents. b. Promoting equal opportunities? Yes – ensuring equal access to the consultation process and policy documents. c. Promoting good race relations between people or different racial groups? No 2. How relevant is the function or policy? a. Is there any evidence that some racial groups may be differently affected and if yes, which racial groups? No b. If no evidence, is there still any reason to believe that some racial groups may be differently affected and if yes, which racial groups? Yes. Any member of racial groups that do not read or speak English or Welsh (or who may have experienced only an oral communications tradition) – likely to be prevalent among minority ethnic groups – may be detrimentally affected. c. Overall, how much evidence is there? None. 3. Justification or evidence a. Is there any evidence of public concern that the function or policy is being carried out in a discriminatory way (choose from None, A Little, Some, Substantial Amount)? None 4. Priority – Medium 5. RES year – 2010-2011

Agreement Clause 66

The Trust must publish a statement of its duty to have regard to the competitive impact of the BBC’s activities on the wider market. The Trust must adopt and publish codes dealing with those aspects of the operation of the UK public services that in their view could raise significant issues regarding the competitive impact to the BBC’s activities. 1. Is the function or policy relevant to the General Duty? Which of the three parts does it apply to, if any? a. Eliminating unlawful discrimination? Yes – ensures no groups are unlawfully discriminated against on the grounds of race in relation to any consultation process and policy documents.

94

b. Promoting equal opportunities? Yes – ensuring equal access to any consultation process and policy documents. c. Promoting good race relations between people or different racial groups? Yes – promoting good relations via active involvement of diverse ethnic/cultural groups.

2. How relevant is the function or policy? a. Is there any evidence that some racial groups may be differently affected and if yes, which racial groups? No b. If no evidence, is there still any reason to believe that some racial groups may be differently affected and if yes, which racial groups? Yes. Any member of racial groups that do not read or speak English or Welsh (or who may have experienced only an oral communications tradition) – likely to be prevalent among minority ethnic groups – may be detrimentally affected. c. Overall, how much evidence is there? None.. 3. Justification or evidence a. Is there any evidence of public concern that the function or policy is being carried out in a discriminatory way (choose from None, A Little, Some, Substantial Amount)? None 4. Priority – Medium 5. RES year – 2010-2011

Agreement Clause 85 (2)

(in relation to the Executive Board’s report on equal opportunities and training arrangements) The Trust must publish its observations on the report. 1. Is the function or policy relevant to the General Duty? Which of the three parts does it apply to, if any? a. Eliminating unlawful discrimination? Yes – ensures no groups are unlawfully discriminated against on the grounds of race in relation to access to information. b. Promoting equal opportunities? Yes – ensuring equal access to published documents. c. Promoting good race relations between people or different racial groups? Yes – fostering a culture of openness and transparency with regard to the active promotion of race equality by the BBC Trust. 2. How relevant is the function or policy? a. Is there any evidence that some racial groups may be differently affected and if yes, which racial groups? No b. If no evidence, is there still any reason to believe that some racial groups may be differently affected and if yes, which racial groups? No c. Overall, how much evidence is there? None 3. Justification or evidence

95

a. Is there any evidence of public concern that the function or policy is being carried out in a discriminatory way (choose from None, A Little, Some, Substantial Amount)? None 4. Priority – Low 5. RES year – 2010-2011

Agreement Clauses 89 and 90

The Trust must consult on, set and publish one or more frameworks for dealing with complaints. This must include the handling and resolution of complaints about the observation of the relevant programme standards. 1. Is the function or policy relevant to the General Duty? Which of the three parts does it apply to, if any? a. Eliminating unlawful discrimination? Yes – ensures no groups are unlawfully discriminated against on the grounds of race in relation to consultation process and documents. b. Promoting equal opportunities? Yes – ensuring equal access to the consultation process and framework documents. c. Promoting good race relations between people or different racial groups? Yes – promoting good relations via active involvement of diverse ethnic/cultural groups.

2. How relevant is the function or policy? a. Is there any evidence that some racial groups may be differently affected and if yes, which racial groups? No. However, the BBC Trust is working with the BBC Executive to develop the way it monitors the diversity of complainants so that if different racial groups were affected in some way there would be evidence to show this. b. If no evidence, is there still any reason to believe that some racial groups may be differently affected and if yes, which racial groups? Yes. Any member of racial groups that do not read or speak English or Welsh (or who may have experienced only an oral communications tradition) – likely to be prevalent among minority ethnic groups – may be detrimentally affected. c. Overall, how much evidence is there? None

3. Justification or evidence a. Is there any evidence of public concern that the function or policy is being carried out in a discriminatory way (choose from None, A Little, Some, Substantial Amount)? None to date.. 4. Priority – Medium/High 5. RES year – function complete. However the BBC Trust is in the process of conducting a review of the new complaints handling system

96

C Certain functions of the BBC Agreement Between 2008 and 2012, TV services in the UK are going completely digital. This switchover process is taking place region by region. The UK’s analogue television broadcast signal will be switched off and digital terrestrial TV coverage will increase to 98.5% across the UK. The digital switchover process is a public function of the BBC which is covered by the Race Equality Scheme (see Annex for list of public functions and policies).

(i) Digital switchover – functions and policies Assessment Grid Agreement Clauses 34 to 41 BBC obligations relating to digital switchover. Individual functions and policies listed below.

Production of BBC television and radio trails 1. Is the function or policy relevant to the General Duty? Which of the three parts does it apply to, if any? a. Eliminating unlawful discrimination? Yes – ensuring no group is unlawfully discriminated against on the grounds of race, in relation to e.g. accessing trails because of the way they are produced. b. Promoting equal opportunities? Yes – promoting equal opportunity. c. Promoting good race relations between people or different racial groups? No 2. How relevant is the function or policy? a. Is there any evidence that some racial groups may be differently affected and if yes, which racial groups? Yes – Digital UK BME Community Report ‘Policy on Communicating with Black and Minority Ethnic Communities’. Any member of racial groups that do not read or speak English or Welsh (or who may have experienced only an oral communications tradition) – likely to be prevalent among minority ethnic groups – may be detrimentally affected. b. If no evidence, is there still any reason to believe that some racial groups may be differently affected and if yes, which racial groups? N/A c. Overall, how much evidence is there? A little 3. Justification or evidence a. Is there any evidence of public concern that the function or policy is being carried out in a discriminatory way (choose from None, A Little, Some, Substantial Amount)? None 4. Priority – Medium 5. RES year – 2010-11

BBC website: digital switchover information and online banners 1. Is the function or policy relevant to the General Duty? Which of the three parts does it apply to, if any?

97

a. Eliminating unlawful discrimination? Yes – ensuring no group is unlawfully discriminated against on the grounds of race, in relation to e.g. accessing services or information. b. Promoting equal opportunities? Yes – promoting equal opportunity. c. Promoting good race relations between people or different racial groups? No 2. How relevant is the function or policy? a. Is there any evidence that some racial groups may be differently affected and if yes, which racial groups? Yes – Digital UK BME Community Report ‘Policy on Communicating with Black and Minority Ethnic Communities’. Any member of racial groups that do not read or speak English or Welsh (or who may have experienced only an oral communications tradition) – likely to be prevalent among minority ethnic groups – may be detrimentally affected. b. If no evidence, is there still any reason to believe that some racial groups may be differently affected and if yes, which racial groups? N/A c. Overall, how much evidence is there? A little 3. Justification or evidence a. Is there any evidence of public concern that the function or policy is being carried out in a discriminatory way (choose from None, A Little, Some, Substantial Amount)? None 4. Priority – Medium 5. RES year – 2010-11

BBC Information (call centre and mail and email correspondence) 1. Is the function or policy relevant to the General Duty? Which of the three parts does it apply to, if any? a. Eliminating unlawful discrimination? Yes – ensuring no group is unlawfully discriminated against on the grounds of race, in relation to e.g. accessing services. b. Promoting equal opportunities? Yes – promoting equal opportunity. c. Promoting good race relations between people or different racial groups? No. 2. How relevant is the function or policy? a. Is there any evidence that some racial groups may be differently affected and if yes, which racial groups? Yes – Digital UK BME Community Report ‘Policy on Communicating with Black and Minority Ethnic Communities’. Any member of racial groups that do not read or speak English or Welsh (or who may have experienced only an oral communications tradition) – likely to be prevalent among minority ethnic groups – may be detrimentally affected. b. If no evidence, is there still any reason to believe that some racial groups may be differently affected and if yes, which racial groups? N/A c. Overall, how much evidence is there? A little 3. Justification or evidence

98

a. Is there any evidence of public concern that the function or policy is being carried out in a discriminatory way (choose from None, A Little, Some, Substantial Amount)? None. 4. Priority – Medium 5. RES year – 2010-11

BBC Outreach (digital buses and open learning centres) 1. Is the function or policy relevant to the General Duty? Which of the three parts does it apply to, if any? a. Eliminating unlawful discrimination? Yes – ensuring no group is unlawfully discriminated against on the grounds of race, in relation to e.g. accessing services or information. b. Promoting equal opportunities? Yes – promoting equal opportunity. c. Promoting good race relations between people or different racial groups? No 2. How relevant is the function or policy? a. Is there any evidence that some racial groups may be differently affected and if yes, which racial groups? Yes – Digital UK BME Community Report ‘Policy on Communicating with Black and Minority Ethnic Communities’. Any member of racial groups that do not read or speak English or Welsh (or who may have experienced only an oral communications tradition) – likely to be prevalent among minority ethnic groups – may be detrimentally affected. b. If no evidence, is there still any reason to believe that some racial groups may be differently affected and if yes, which racial groups? N/A c. Overall, how much evidence is there? A little 3. Justification or evidence a. Is there any evidence of public concern that the function or policy is being carried out in a discriminatory way (choose from None, A Little, Some, Substantial Amount)? None 4. Priority – Medium 5. RES year – 2010-11

Minority ethnic targeted TV and radio channels include S4C, BBC Asian Network and BBC 1Xtra 1. Is the function or policy relevant to the General Duty? Which of the three parts does it apply to, if any? a. Eliminating unlawful discrimination? Yes – ensuring no group is unlawfully discriminated against on the grounds of race, in relation to e.g. accessing information. b. Promoting equal opportunities? Yes – promoting equal opportunity. c. Promoting good race relations between people or different racial groups? No

2. How relevant is the function or policy?

99

a. Is there any evidence that some racial groups may be differently affected and if yes, which racial groups? Yes – Digital UK BME Community Report ‘Policy on Communicating with Black and Minority Ethnic Communities’. Any member of racial groups that do not read or speak English or Welsh (or who may have experienced only an oral communications tradition) – likely to be prevalent among minority ethnic groups – may be detrimentally affected. b. If no evidence, is there still any reason to believe that some racial groups may be differently affected and if yes, which racial groups? N/A c. Overall, how much evidence is there? A little 3. Justification or evidence a. Is there any evidence of public concern that the function or policy is being carried out in a discriminatory way (choose from None, A Little, Some, Substantial Amount)? None 4. Priority – Medium 5. RES year – 2010-11

Wales: all printed mailings, event materials, printed brochures, press releases* and BBC Wales website material are multilingual (English and Welsh) *press releases relating to digital switchover information1. Is the function or policy relevant to the General Duty? Which of the three parts does it apply to, if any? a. Eliminating unlawful discrimination? Yes – ensuring no group is unlawfully discriminated against on the grounds of race, in relation to accessing information. b. Promoting equal opportunities? Yes – promoting equal opportunity. c. Promoting good race relations between people or different racial groups? No 2. How relevant is the function or policy? a. Is there any evidence that some racial groups may be differently affected and if yes, which racial groups? Yes – based on verbal feedback from BBC staff who work within Welsh community. b. If no evidence, is there still any reason to believe that some racial groups may be differently affected and if yes, which racial groups? Possibly. Anyone who does not read or speak English (or who may have experienced only an oral communications tradition – likely to be prevalent among older Welsh-speaking community). c. Overall, how much evidence is there? A little/some 3. Justification or evidence a. Is there any evidence of public concern that the function or policy is being carried out in a discriminatory way (choose from None, A Little, Some, Substantial Amount)? None 4. Priority – Medium 5. RES year – 2010-11

100

C Certain functions of the BBC Agreement In addition to the Royal Charter, the BBC has entered into a Framework Agreement with the Secretary of State for Culture, Media and Sport. This Agreement deals with a number of important matters. Certain functions of the BBC in relation to the BBC Agreement are public functions which are covered by the Race Equality Scheme (see Annex for list of public functions and policies).

(ii) All other relevant (public) functions and policies Assessment Grid Agreement Clause 12 Making the UK public services widely available 1. Is the function or policy relevant to the General Duty? Which of the three parts does it apply to, if any? a. Eliminating unlawful discrimination? Yes – ensuring no group is unlawfully discriminated against on the grounds of race through inability to access UK public services. b. Promoting equal opportunities? Yes – promoting equal opportunity. c. Promoting good race relations between people or different racial groups? No 2. How relevant is the function or policy? a. Is there any evidence that some racial groups may be differently affected and if yes, which racial groups? No b. If no evidence, is there still any reason to believe that some racial groups may be differently affected and if yes, which racial groups? Yes – some groups may experience difficulties in accessing public services because of language or cultural barriers. Ethnic groups which have only recently come to the UK, e.g. recent asylum seekers and refugees. Also some groups within certain communities – younger and older people (see Action Plan for ongoing actions to assess for impact and needs or requirements). c. Overall, how much evidence is there? None 3. Justification or evidence a. Is there any evidence of public concern that the function or policy is being carried out in a discriminatory way (choose from None, A Little, Some, Substantial Amount)? None 4. Priority – Low 5. RES year –2010-11

Agreement Clause 74 Reports and accounts about the commercial services 1. Is the function or policy relevant to the General Duty? Which of the three parts does it apply to, if any?

101

a. Eliminating unlawful discrimination? Yes – ensuring no group is unlawfully discriminated against on the grounds of race through inability to access reports. b. Promoting equal opportunities? Yes – promoting equal opportunity. c. Promoting good race relations between people or different racial groups? No

2. How relevant is the function or policy? a. Is there any evidence that some racial groups may be differently affected and if yes, which racial groups? No b. If no evidence, is there still any reason to believe that some racial groups may be differently affected and if yes, which racial groups? Yes – some groups may experience difficulties in accessing public services because of language/literacy barriers. Ethnic groups which have only recently come to the UK, e.g. recent asylum seekers and refugees. Also some groups within certain communities – younger and older people. c. Overall, how much evidence is there? None 3. Justification or evidence a. Is there any evidence of public concern that the function or policy is being carried out in a discriminatory way (choose from None, A Little, Some, Substantial Amount)? None. 4. Priority – Low 5. RES year – 2010-11

Agreement Clause 81 The BBC may be requested to broadcast or distribute announcements in relation to defence and emergency arrangements. 1. Is the function or policy relevant to the General Duty? Which of the three parts does it apply to, if any? a. Eliminating unlawful discrimination? Yes – ensuring no group is unlawfully discriminated against on the grounds of race through inability to access emergency or defence information. b. Promoting equal opportunities? Yes – promoting equal opportunity. c. Promoting good race relations between people or different racial groups? Yes – promoting good race relations between people from different racial groups. 2. How relevant is the function or policy? a. Is there any evidence that some racial groups may be differently affected and if yes, which racial groups? No b. If no evidence, is there still any reason to believe that some racial groups may be differently affected and if yes, which racial groups? Yes – some groups may experience difficulties in accessing or understanding announcements because of language barriers. Ethnic groups which have only recently come to the UK. e.g. recent asylum seekers and refugees. Also some

102

groups within certain communities – younger and older people. (See Action Plan for translation and interpretation options). c. Overall, how much evidence is there? None 3. Justification or evidence a. Is there any evidence of public concern that the function or policy is being carried out in a discriminatory way (choose from None, A Little, Some, Substantial Amount)? None 4. Priority – Low 5. RES year – 2010-11

103

8 Action Plan

Action Plan 1: TV Licensing function

What is TV Licensing? ‘TV Licensing’ is a trade mark of the BBC and is used under licence by companies contracted by the BBC to administer the collection of television licence fees and enforcement of the television licensing system. The majority of administration is contracted to Capita Business Services Ltd., with cash related payment schemes contracted to Revenue Management Services Ltd. Over-the-counter services are provided by PayPoint plc. Marketing and printing services are contracted to Proximity London Ltd as are public relations and advertising services. The latter are subcontracted by Proximity to Fishburn Hedges Boys Williams Ltd, Abbott Mead Vickers BBDO Ltd and PHD Media Ltd. The BBC is a public authority in respect of its television licensing functions and retains overall responsibility.

How does TVL currently meet the diverse needs of consumers? TVL currently offers a number of ways to enable people who have differing needs or who may experience possible cultural or social constraints to access its services and information. For example, publications are available in a range of accessible and culturally appropriate formats including audio tape and different languages available on request.

PayPoints are located at a range of convenient locations to meet the needs of consumers, particularly those with families and caring responsibilities. A range of flexible payment methods are also provided, including Direct Debit.

TVL provides a reminder-for-payment text service to assist those with busy and hectic lifestyles, such as students, single parents or those who are new arrivals to the UK.

To offer peace of mind to all customers, but particularly those who are or may feel vulnerable, a password system is available to enable people to confirm the authenticity of TVL visiting officers.

The BBC has ensured that there are provisions in the BBC’s contracts with suppliers to ensure that they must comply with legal requirements and related policies, including the Race Relations Act 1976 (as amended 2001) and this Race Equality Scheme. This is monitored by the BBC TV Licensing Management Team (TVLMT).

How are the public consulted and informed about TVL? TV Licensing’s community relations campaign, which gained international recognition as winner of the 2004 International Public Relations Association Golden World award for community relations, is designed to target hard-to-reach community groups, such as those on low incomes and ethnic minority groups who do not have English as a first language. By working with national and local stakeholders, such as Race Equality Councils and the Council for Ethnic Minority Voluntary Organisations, the campaign targets groups who may struggle to pay for their TV licence for financial reasons or who are

104

unaware of the legal requirement to buy a TV licence because of language or cultural barriers. The objective of the campaign is to raise awareness of the need to have a TV licence and the many easy ways to pay.

Action Plan aims That people of all ethnic or cultural (racial) groups experience and receive appropriate and accessible TVL information, advice and targeted support services

This Action Plan section shows how current TVL activities which are relevant to the Race Equality Duty and this Race Equality Scheme will be maintained and progress monitored. It also details a series of planned actions which have been identified as necessary following a reassessment of relevant functions and policies and consideration of current activity and relevant information sources. Potential race equality impacts and issues will be considered as part of TVL’s wider equality impact assessment processes and through consultation where necessary. Any relevant outcomes will inform ongoing review (see above and also section 4.3).

NB: Objectives are not in priority order.

Objective 1 To communicate, wherever practicable, in a way that is accessible and appropriate, to facilitate a clear understanding of TV licensing obligations for all sections of the community 1 An equality impact assessment (EIA) will be conducted on a representative

sample of TVL communications (mailings, information leaflets and publications) to examine how accessible and appropriate they are in style, content, format and dissemination, and the EIA outcome will inform any further action necessary. Due date: By end 2007 Progress: Completed. Lead: Marketing Evidence/outcomes: TVL communications assessed. Mitigating actions found to be in place where required.

2 TVL will continue to make communications available in a range of styles, formats and languages which are appropriate and aim to be accessible to diverse communities. These will also determine whether additional languages should be provided by talking to bodies that represent different racial groups and by listening to feedback from staff who deal with customers.

Due date: Ongoing Progress: Actioned. Communications are continuing to be made available in a variety of languages. On the TV Licensing website, general information on TV Licensing is available in 16 languages and information leaflets are available in 19 languages. In addition, TV Licensing’s agent, Capita, offers a translation service in over 180 languages.

105

106

Lead: Marketing, Customer Relations Evidence/outcomes: Standard communications will be accessible to diverse communities.

3 TVL will ensure that television trails and publications with pictures of people represent people from a range of diverse ethnic and cultural backgrounds. Due date: Ongoing Progress: Actioned and monitored. For example, while the TVL website does not currently have pictures of people, any decision to do so in future will be monitored against all equality requirements to ensure a diverse range of people and groups are represented.Lead: Marketing Evidence/outcomes: Pictorial communications will demonstrate TVL’s consideration of diversity of TV licence holders and potential holders.

4 TVL will ensure that the translations service is adequately promoted. Due date: Ongoing Progress: As detailed in the overview, this is a continuous process and represents standard working practice through our public relations activity, such as our annual mailing to the Race Equality Councils. Lead: Marketing, Communications, Customer Relations Evidence/outcomes: Those who may need to use the translation service have the maximum opportunity to access it.

5 TVL will ensure that there are translations of the TV licence conditions available on the TVL website. Due date: By end of 2007 Progress: Completed.Lead: Operations Evidence/outcomes: Those who use the website have the maximum opportunity to access information.

6 TVL will develop further relationships with a range of bodies that represent, and consist of, people from different ethnic and cultural backgrounds to develop dialogue on promoting licensing requirements. Due date: Ongoing

107

Progress: Actioned. Stakeholders include the Race Equality Councils and the Council for Ethnic Minority Voluntary Organisations.Lead: Communications Evidence/outcomes: Licensing requirements will continue to be communicated effectively and appropriately to as many diverse groups as possible.

7 TVL will continue to take action to engage with a range of stakeholders to share information on television licensing requirements. Due date: Ongoing Progress: Ongoing. See above.Lead: Communications Evidence/outcomes: Licensing requirements will continue to be communicated effectively and appropriately to as many diverse groups as possible.

8 TVL will investigate the introduction of a more effective customer satisfaction review system involving an automated telephone and online customer satisfaction survey on a monthly basis and a quarterly telephone survey.Due date: End 2010

Progress: Investigations to begin in Q4 2009/10.

Lead: Communications

Evidence/outcomes: Confirmation that levels of customer service do not vary by ethnic group.

Drivers/informed by: Race Relations (Amendment) Act 2000 BBC Values: Audiences; Respect BBC public functions:

Promotion of licensing requirements External stakeholder engagement

Objective 2 To ensure that all BBC TVL staff and contractors fully understand their duty to promote race equality and are active in implementing actions identified 1 Existing and new staff who deal with customer queries and complaints will

receive Race Equality Duty training and will be expected to put learning into practice when dealing with customers. Due date: By end of 2008 Progress: Completed for contractors and senior TVL staff. TVL Senior Policy Advisor to liaise with Diversity group to arrange training for remaining BBC TVL staff and new TVL staff.Lead: Policy, Customer Relations

108

Evidence/outcomes: Those staff who have direct contact with a diverse range of people are better equipped to understand diverse cultural needs.

109

2 Enquiry officers will receive Race Equality Duty training and their code of conduct will cover the BBC’s expectations of their treatment of people from different ethnic and cultural backgrounds. Due date: By end of 2008 Progress: Completed for contractors and built into their induction process and completed for most BBC TVL staff. TVL Senior Policy Advisor to liaise with the Diversity Group to arrange training for remaining BBC TVL staff.Lead: Field Operations Evidence/outcomes: Enquiry officers are aware of the Duty and are better able to understand and respond sensitively to cultural needs and to ‘signpost’ for assistance regarding language barriers.

3 TVL will investigate running a survey for people who have been visited to attempt to measure whether customers from differing ethnic and cultural groups have varying experiences of enforcement visits.

Due date: By end of 2008 Progress: Completed. This action has been fully investigated and has been judged impractical due to health and safety concerns. A 2009 update to research conducted in 2007 demonstrated that that there was no issue with visits being disproportionate in areas of high ethnicity.Lead: Customer Relations Evidence/outcomes: TVL has run a survey and gathered information and data regarding any potential disproportionate impacts and demonstrated that while there was a positive correlation between areas with high ethnicity and prosecutions, this positive correlation was a direct consequence of the level of evasion in the areas of high ethnicity rather than as a result of bias in enforcement processes.

4 TVL will continue to carry out desktop research to determine whether they disproportionately visit people from different racial groups.

Due date: By end 2009, and revisited in 2 years time. Progress: Actioned – see Objective 2, Action 3 above. Lead: Marketing Evidence/outcomes: see Objective 2, Action 3 above.

5 Systems will be put into place to record and analyse information on complaints which are related to ethnic or cultural (racial) issues and ensure that all complaints monitoring is carried out for diversity.

Due date: By end of 2008 Progress: Completed. Lead: Customer Relations Evidence/outcomes: Information and data collection relating to race and related cultural issues and needs are used by staff to improve services and better understand needs. No issues identified.

110

6 Information from TVL’s customer satisfaction survey will be analysed to identify customer perception of the services by different ethnic and cultural groups contacting TVL.

Due date: By end of 2008 Progress: Completed. No different perception found.Lead: Customer Relations Evidence/outcomes: No differences found.

Drivers/informed by: Race Relations (Amendment) Act 2000 BBC Values: Audiences; Respect; Working Together BBC public function: Customer Relations

Objective 3 To continually review and wherever possible improve or develop service supports (including technology) to provide accessible, convenient support and advice services and encourage all sections of the community to engage with TVL as necessary

This Action Plan will be reviewed as necessary in the light of outcomes from the analysis in action above.

Due date: By end of 2007 Progress: Completed. This Action Plan was reviewed as part of the BBC’s Equality Schemes Review project at the end of year 1. Lead: Policy Evidence/outcomes: Regular reviews of Action Plan carried out.

Drivers/informed by: Race Relations (Amendment) Act 2000 BBC Values: Audiences; Respect; Working Together BBC public function: Operations: Policy development

Objective 4 To develop and maintain a strategic and systematic approach to integrating race equality into all TVL activities

1 All policies which are being developed or reviewed (BBC policies and the relevant contractors’ policies) will be assessed for relevance to the Race Equality Duty. EIAs will be carried out where it is considered relevant and proportionate to meeting the Duty.

Due date: Ongoing

111

Progress: Actioned. Members of the BBC TVL management team are regularly reminded in BBC TVL Equalities Working Group meetings of the need for EIAs to be conducted on new policies and projects. Lead: PolicyEvidence/outcomes: A systematic process will be in place to ensure that future policies and related practices are screened at development stage to determine potential negative (or positive) impacts on people from diverse ethnic and cultural backgrounds.

2 Existing BBC (and contractors’) policies and functions which are relevant to the Duty will be prioritised for a programme of EIAs over three years. Due date: By end 2009 Progress: The EIA programme is regularly monitored.Lead: Policy Evidence/outcomes: A systematic process will be in place for ensuring that existing policies and related practices are screened to determine whether they impact negatively (or positively) on people from diverse ethnic and cultural backgrounds.

3 All senior managers (including BBC TVL management team) will be briefed on the Race Equality Duty to ensure that they pay due regard to diverse needs and issues for different ethnic and cultural groups, when developing policy and practice and reviewing TVL’s overall performance. Due date: By end 2007 Progress: Completed. All senior managers now briefed. Lead: Policy Evidence/outcomes: A consistent level of knowledge and awareness among senior managers who are responsible for policy decisions which may impact on people from diverse ethnic and cultural backgrounds.

4 A BBC TVL Equalities Working Group will be set up to monitor compliance and review future Schemes and Action Plans.

Due date: By end 2007 Progress: Completed. The EWG continues to meet regularly.Lead: Policy Evidence/outcomes: Greater clarity around who is responsible for implementing actions and a mechanism aimed at ensuring consistent monitoring and systematic reviews.

Drivers/informed by: Race Relations (Amendment) Act 2000 BBC Values: Audiences; Respect; Working Together BBC public function: Operations: Policy development

112

Objective 5 To maximise the potential for data and information management systems to enhance and promote race equality

1 Any review and subsequent changes to information management (database) systems will be compliant with the Race Equality Duty (as well as the Data Protection Act). Due date: Ongoing Progress: Actioned. This action is taken forward as part of as part of standard working practice. Lead: Data Management. Evidence/outcomes: Data and systems will not impact adversely on those from diverse backgrounds and opportunities to use information to deliver improvements will be maximised.

2 TVL will seek to utilise relevant information sources to inform further reviews of this Action Plan (subject to necessary compliance with the Data Protection Act). Due date: Ongoing Progress: Actioned. The updating of this Action Plan has incorporated information gathered throughout years 1-3 in connection with all of TVL’s actions. Lead: Policy Evidence/outcomes: Updates to Action Plan are informed by relevant information and data sets.

Drivers/informed by: Race Relations (Amendment) Act 2000 BBC Values: Audiences; Respect; Working Together BBC public function: Operations: Database management

Objective 6 To develop and maintain strategic leadership and commitment to the broad implementation of the Race Equality Scheme and the (TVL) Action Plan

The Senior Management Team (SMT) will review the output of the Equalities Working Group on a quarterly basis.

Due date: Quarterly Progress: Actioned. The TVLMT Senior Policy Adviser gives regular presentations on the Group’s progress to a variety of TVL team meetings. Further presentations are planned for year 2. Lead: Policy

113

Evidence/outcomes: Potential issues will be identified at an early stage and actions taken where practicable to mitigate.

Drivers/informed by: Race Relations (Amendment) Act 2000 BBC Values: Audiences; Respect

Objective 7 To ensure that all payment methods and processes are accessible and appropriate for a range of needs and lifestyles

1 A three-year timetable of EIAs will be developed to assess whether there is equality of opportunity in payment method. Due date: By end 2009 Progress: Completed. This service was re-procured in 2007Lead: Policy Evidence/outcomes: Potential adverse impacts will be identified at an early stage and actions taken where practicable to mitigate.

2 An EIA will be conducted on new (or reviewed) payment policies as part of the development process and EIA outcomes will inform further action. Due date: As necessary Progress: Not relevant – will be done if there are any new payment methods (there are none currently). Lead: Policy Evidence/outcomes: A systematic process will be in place to ensure that future policies and related practices are screened at development stage to determine potential negative (or positive) impacts on different groups.

3 TVL will continue to offer cash payment schemes.

Due date: Ongoing Progress: Completed. This service was re-procured in 2007. Lead: Operations Evidence/outcomes: Flexible payment systems are maintained which may suit the needs of some diverse groups.

Drivers/informed by: Race Relations (Amendment) Act 2000 BBC Values: Audiences; Respect BBC public function: Operations: Payment processing

Objective 8

114

To ensure a strategic approach to integrating race equality into all TVL procurement activities

1 TVL will continue to impose a contractual obligation on contractors to comply with legal obligations including the Race Equality Duty and this Scheme.

Due date: Ongoing Progress: Actioned. Ongoing compliance is monitored.Lead: OperationsEvidence/outcomes: Clear and explicit specifications (and contracts) regarding the duty to promote race equality which will allow for consistent and robust monitoring of contractors by the BBC.

2 TVL will aim to ensure that clear and explicit reference to race equality and related cultural issues and implications is contained within specifications (where permitted under the Public Contracts Regulations 2006). Due date: OngoingProgress: Actioned. Race equality issues and implications have been included in recent procurement processes.Lead: OperationsEvidence/outcomes: Potential contractors will be clear about the BBC’s duties and general approach to race and related cultural issues and will be expected to take these into account when delivering services.

3 At Invitation to Tender (ITT) and preferred bidder stages, all bidders will be briefed on the Race Equality Duty and the BBC’s expectations related to the Race Equality Duty.

Due date: OngoingProgress: Actioned. Race equality issues and implications have been included in recent procurement processes.Lead: OperationsEvidence/outcomes: The BBC able to screen bidders at early stage to ensure a positive approach to race equality in planned service delivery.

4 TVL will clarify to bidders what impact the duty is likely to have on how they intend to deliver their services, if their bid is successful. Due date: As necessary Progress: Actioned. Race equality issues and implications have been included in recent procurement processes.Lead: OperationsEvidence/outcomes: Raised level of awareness among potential bidders.

5 TVL will continue to require all bidders to complete a corporate social responsibility questionnaire which will include matters relevant to the Race Equality Duty.

115

Due date: Ongoing Progress: Actioned. Bidders have been required to complete a corporate social responsibility questionnaire as part of recent procurement processes.Lead: OperationsEvidence/outcomes: Increased understanding of how to mitigate potential adverse impacts for diverse groups.

6 TVL will monitor contractors’ compliance with the BBC’s imposed contractual obligation in relation to the race (and other) equality duties and this Scheme, as part of TVL’s standard business practice. Due date: OngoingProgress: Actioned. Monitoring is active and ongoing. Lead: PolicyEvidence/outcomes: The BBC will be able to identify where a contractor may not be complying with duties or expected standards and take action to address.

Drivers/informed by: Race Relations (Amendment) Act 2000 BBC Values: Audiences; Respect; Working Together BBC public function: Operations: Procurement

116

Action Plan 2: The BBC Trust in relation to certain functions under the BBC Charter and Agreement (relating to involvement)

What is the BBC Trust? The BBC Trust is the governing body of the BBC. It is responsible for getting the best out of the BBC for all licence fee payers. The Trust does this by assessing the performance of the BBC Executive Board in delivering the BBC’s services and activities and holding the BBC Executive Board to account for its performance. In doing so the Trust must ensure that licence fee payers are at the heart of its decision-making and that their diverse views and needs are listened to and heard.

How are the public consulted and informed about the Trust’s activities and role? The Trust is required to consult publicly when carrying out a number of its key regulatory functions, for example when conducting Public Value Tests or Service Reviews. As it is the Trust’s role to represent all audiences, it is important that the methods it uses reach the full diversity of licence fee payers.

The Trust is always seeking to develop its understanding and awareness of the different needs and expectations that people from different ethnic and cultural backgrounds may have. The Trust regularly draws upon the support and advice of the BBC’s Diversity Centre. It also, where relevant, invites organisations who represent people from different ethnicities and cultures to stakeholder/public meetings.

In reviewing the Trust’s objectives and actions within each of the BBC’s three Equality Schemes, which included the Race Equality Scheme, the Trust commissioned a research agency to carry out an involvement exercise with a number of organisations representing people from different ethnic/cultural backgrounds. 30 in-depth interviews amongst disability, gender and race related organisations were conducted over a four week period with each interview lasting an average of 45-60 minutes. The results of this exercise informed the following action plan

Action Plan aims That people of all ethnic and cultural groups are afforded fair access and equal opportunity to participate in the regulatory activities of the BBC Trust.

This Action Plan details a series of planned actions which have been identified as necessary following an audit of current activity in relevant areas and through involvement with different ethnic or cultural groups. Equality impact assessments, where appropriate, and the continual involvement with people from a wide range of ethnic or cultural backgrounds will inform ongoing review (see above and also section 4.3).

Objective 1

117

We will operate in a way that means that anyone can have their say and contribute to our work. Our processes will be accessible and we will tackle the barriers for audiences wanting to engage with us.

Action 1- We will ascertain specific needs in advance of all public meetings and appropriate adjustments will be made to facilitate the involvement of people from different ethnic/cultural backgrounds. Due date: OngoingLead: Audiences and Marketing teamEvidence/outcomes: The Trust’s public meetings will be held in venues and conducted and set up in ways which are accessible to all.

Action 2- Where practical and/or possible we will hold public meetings with BBC Audiences in locations which will be attended by a fair representation of people from different ethnic/cultural backgrounds – unless the meeting is specifically targeted at one particular group. Due date: 2010-11Lead: Audiences and Marketing teamEvidence/outcomes: Over time the Trust’s monitoring data will show that it has been able to meet with a fair representation of people from different ethnic/cultural backgrounds.

Action 3- When handing appeals we will identify and provide the necessary advice and support required for those persons who are unable to submit their appeal in writing and/or may lack literacy skills or the confidence to submit their appeal through the usual channels. Due date: 2010-11

Lead: Editorial Standards teamEvidence/outcomes: People from different ethnic/cultural backgrounds are not deterred or prevented from submitting an appeal to the Trust.

Action 4- In relation to BBC Trust Appeal hearings, information on specific needs will be sought in advance and the appropriate adjustments will be made to facilitate the full participation of people from different ethnic/cultural backgrounds Due date: 2010-11Lead: Editorial Standards teamEvidence/outcomes: People from different ethnic/cultural backgrounds are not deterred or prevented from participating in a BBC Trust hearing.

Action 5- In making arrangements to support the work of the Audience Councils, the Trust will seek to tackle any barriers for people from different ethnic/cultural backgrounds in becoming members of the Audience Councils. Due date: 2010-11Lead: Audiences and Marketing teamEvidence/outcomes: Over time, the Audience Councils to have a balanced and representative membership.

118

Action 6- The Audience Councils will ensure that they engage with and positively encourage the involvement of people from different ethnic/cultural backgrounds.Due date: 2010-2011Lead: Audiences and Marketing teamEvidence/outcomes: The work of the Audience Councils is informed by their diverse communities..Drivers/informed by: Race Relations (Amendment) Act 2000 BBC Values: Audiences; Respect; Working Together

Objective 2We will be proactive in reaching audiences, including minorities and the seldom heard.

Action 1- For greater success in involving hard to reach groups in the Trust's work, develop a long term relationship with those groups and organisations who represent people from different ethnic/cultural backgrounds. For example through the programme of Trustee interest group lunches. Due date: 2010-2011Lead: Audiences and Marketing teamEvidence/outcomes: Less ad hoc and more strategic relationship building with interest groups.

Action 2- Where possible use alternative and more tailored methods for reaching those people from different ethnic/cultural backgrounds who do not routinely participate, or are unable to participate in our online consultations. Due date: 2010-2011Lead: Audiences and Marketing teamEvidence/outcomes: An increase in the participation of Trust Unit activities by people from different ethnic/cultural backgrounds

Action 3- Improve the implementation of diversity monitoring of our consultations, meetings and research to enable us to measure and report on performance and to inform action planning /review where necessary. Due date: 2010-2011Lead: Audiences and Marketing teamEvidence/outcomes: Evidence of more consistent diversity information collected by the Trust.

Action 4- Find ways of ensuring that the Trust’s engagement with opinion formers and interest groups includes those who can speak for and may influence people from different ethnic/cultural backgrounds. Due date: 2010-2011Lead: Communications teamEvidence/outcomes: A broader range of voices the Trust hears from.

Drivers/informed by: Race Relations (Amendment) Act 2000

119

BBC Values: Audiences; Respect; Working Together

Objective 3In our work we will carefully consider the full range of contributions and evidence so that our decisions are fair, independent and impartial and do not discriminate against any audience groups. To further this we will take action to address key issues that have emerged, so that, where appropriate and necessary, we and the BBC Executive deliver change in the interests of all audiences.

Action 1- When reviewing and publishing a framework for dealing with BBC Complaints we will ensure that this is open and accessible to all, there are no barriers to participation. Due date: 2010-2011Lead: Editorial Standards teamEvidence/outcomes: Through audience research and customer surveys the BBC can demonstrate to the Trust that the complaints framework is accessible to people from different ethnic/cultural backgrounds.

Action 2- We will explore the opportunities for improving the BBC’s Complaints recording. Due date: 2010-2011Lead: Editorial Standards teamEvidence/outcomes: Effective monitoring data that informs the Trust whether there is a fair representation of people from different ethnic/cultural backgrounds using the complaints system.

Action 3- During part 2 of the Mystery Shopping project we will investigate amongst users of the BBC’s complaints system, whether there is any aspect of the way people from different ethnic/cultural backgrounds are treated which is unfavourable and/or unfair. Due date: 2010-2011Lead: Editorial Standards teamEvidence/outcomes: A complaints system which when used is not unfavourable or unfair for people from different ethnic/cultural backgrounds.

Action 4- An Equality Impact Assessment will be conducted prior to us commencing any new policy/project/review which is carried out as part of a public function. Due date: 2010-2011Lead: Audiences and Marketing teamEvidence/outcomes: New Trust policies/reviews/projects which result in better outcomes for people from different ethnic/cultural backgrounds.

Action 5- We will monitor and then report to the Secretary of State in the Annual Report and Accounts the performance and steps we and the BBC Executive have taken to fulfil our public sector equalities duties.

120

Due date: 2010-2011Lead: Trust UnitEvidence/outcomes: The Trust to receive regular compliance reports from the BBC Executive. The publication of the Annual Report and Accounts which reports on the performance of the Trust and BBC Executive in fulfilling its public sector equalities duties.

Action 6- We will plan Board and departmental activities that will continue to facilitate open discussion on diversity and equality issues, for example awareness training and working lunches with external and internal guests. Due date: 2010-2011Lead: Audiences and Marketing teamEvidence/outcomes: Improving and raising the awareness of diversity and equality issues within the Trust.

Drivers/informed by: Race Relations (Amendment) Act 2000 BBC Values: Audiences; Respect; Working Together

Objective 4We will share our findings and conclusions in a way which is accessible, open and transparent.

Action 1- When the content of a public document is directly related to a specific ethnic/cultural group and/or existing output (radio, tv, online) is customarily translated into a specific language, the Trust will provide the appropriate translations (within a published maximum time limit) Due date: 2010-2011Lead: Trust UnitEvidence/outcomes: Where appropriate, the prompt provision of translated documents for licence fee payers who do not speak English or Welsh so that they are able to participate or engage in Trust activities.

Action 2- When appropriate and where possible we will use alternative methods for feeding back our findings and decisions to people from different ethnic/cultural backgrounds who routinely do not or are unable to access our website and its online documents. Due date: 2010-2011Lead: Trust unitEvidence/outcomes: Increasing the awareness and understanding of the Trust’s decisions amongst people from different ethnic/cultural backgrounds.

Drivers/informed by: Race Relations (Amendment) Act 2000 BBC Values: Audiences; Respect; Working Together

121

NB: Charter Articles 22 and 23: No specific actions, but will be addressed through actions against the more detailed public functions of the Trust.

Charter Articles 24 (2) (h) and (i), and 45: These provisions have been assessed by the BBC and found to be a public function not relevant to the General Duty.

122

Action Plan 3: The BBC in relation to certain functions under the BBC Agreement

Section i: The BBC’s obligations in relation to digital switchover (Agreement Clauses 34–41) What is digital switchover? TV services in the UK will go completely digital by 2012. This switchover process is taking place region by region. The UK’s analogue television broadcast signal will be switched off and digital terrestrial TV coverage will increase to 98.5% across the UK.

Digital switchover involves major technological changes across the UK television broadcast infrastructure which need to be carried out not only by the BBC but also by all other terrestrial broadcasters including ITV, Channel 4, Five and S4C, and the transmission companies SDN and National Grid Wireless. Digital switchover is also about ensuring that people have adapted or upgraded their televisions and recording equipment to receive digital TV.

What help will be available to consumers who need it? Under the Charter and Agreement the BBC is managing the Digital Switchover Help Scheme. Eaga plc delivers the service on behalf of the DSHS Ltd, which is a wholly owned subsidiary of the BBC. For more information on the Help Scheme please visit: http://www.helpscheme.co.uk/

Digital Switchover Help Scheme To help ensure that everyone can switch more easily to digital TV, there will be a Digital Switchover Help Scheme for those who need it most.

The Digital Switchover Help Scheme is focused on providing practical assistance and support to people who need it most, specifically people: 75 and over receiving Disability Living Allowance, Attendance Allowance, Constant

Attendance Allowance or Mobility Supplement registered as blind or partially sighted

The scheme helps people to select, install and use digital television equipment and will include: help with choosing the right equipment providing easy-to-use equipment to convert one TV set help with installing equipment fitting a new aerial where needed demonstration of how any equipment operates

123

follow-up support

The scheme costs £40 to take part. However, it is free to those receiving Income Support, Job Seeker’s Allowance or Pension Credit.

The BBC’s subsidiary DSHS Ltd estimated that across the switchover timeline between 2008 and 2012, the Help Scheme could be available to 7 million households.

How are the public being consulted about the Help Scheme? Each year, DSHS conducts a consultation to develop its understanding of the people using the Help Scheme to inform its development and delivery. Previous consultations have focused on what people want from the Help Scheme and its complexity leading to significant changes in policy development and communications materials.

During 2009-10, the consultation centred on the extent to which people for whom the scheme is designed, are using the service to increase their understanding about users and potential users of the Help Scheme. The consultation involved:

local community organisations in the geographical regions which had most recently switched to digital

14 discussion groups and 38 in-depth interviews with people who were eligible to use the Help Scheme

Observations of the delivery of the Help Scheme at the frontline both in call-centres and during installations of equipment in people’s homes

This consultation has assisted Digital Switchover Help Scheme to understand in more detail the range of people’s experiences in making the switch to digital, in particular those people who found it difficult to make the switch and did not use the Help Scheme. Further exploration of this particular group has pointed to possible explanatory factors including overly complex information about the Help Scheme, the impact of social isolation on awareness of the Help Scheme and barriers to the Help Scheme. These issues will be an area of focus for the next 12 months.

How are the public being informed about digital switchover? Digital UK is the independent, not-for-profit organisation leading the process of digital switchover in the UK. Digital UK provides impartial information on what people need to do to prepare for the move to digital, and when they need to do it.

Digital UK is owned by the UK’s public service broadcasters (BBC, ITV, Channel 4, Five, S4C and Teletext) and the transmission companies SDN and National Grid Wireless. Digital UK works with digital TV platform operators,

124

equipment manufacturers, installers, retailers, rental companies and consumer groups to coordinate the technical rollout of digital television across the UK.

Digital UK is responsible for informing the public in general about the digital switchover process, and the service the Help Scheme offers.

Digital UK delivers a community outreach programme through its contract with Digital Outreach Ltd. which is a partnership between Age Concern, Help the Aged, Community Service Volunteers and Collective Enterprises Ltd., to deliver designed to provide advice and guidance to people who would not have access to the Help Scheme but who would like some assistance or advice in making the switch to digital television. The community outreach programme works with voluntary and community sector organisations switchover region by switchover region enabling local organisations to support people, including black and minority ethnic people, by providing information and speakers for events or drop-ins, training volunteers and developing a network of help and advice. Digital Outreach Ltd. is currently working in the ITV regions covering The Borders, West Country, Granada and Wales.

(See also section 4.3.3 for information on consultation and a range of mechanisms already in place which are designed to gather information in order to meet the digital switchover communications needs of diverse communities.)

Action Plan aims That people of all ethnic or cultural (racial) groups experience or receive appropriate and accessible digital switchover information, advice and support where necessary, including the Help Scheme, throughout the entire transition period

This Action Plan, section (i), shows in detail how current digital switchover activities which are relevant to the Race Equality Duty will be maintained and progress monitored. It also details a series of planned actions which have been identified, including those in relation to the Help Scheme, through an assessment of functions and policies and consideration of current activity plus research and feedback from targeted community outreach initiatives. Potential race equality impacts and issues will be considered as part of digital switchover’s wider equality impact assessment (EIA) processes and through consultation where necessary. Any relevant outcomes have informed and will continue to inform ongoing review (see also above and also section 4.3.3). It also details a series of planned actions which have been identified in relation to:

Managing and delivering the Help Scheme – set out in Part A,

Informing the public about digital switchover and the Help Scheme – set out in Part B.

125

This Action Plan is split into two parts. The first (Part A) sets out the objectives and associated actions which the BBC, (through its subsidiary DSHS Ltd.) has identified in managing the Help Scheme. The second half (Apart B) focuses on BBC and Digital UK’s activity highlighting their objectives and associated actions as they relate to the Race Equality Duty.

In particular, the Action Plan sets out how the BBC, its subsidiary DSHS Ltd and Digital UK will work together and will specify: The ways in which a wide range of people have been involved in

development of digital switchover (DSO) communications and activities. Methods for assessing the impact of DSO and Help Scheme policies and

practices or proposed policies and practices on different ethnic and cultural groups.

The steps which Digital UK is taking towards the fulfilment of the Race Equality Duty in respect of equal access to information and support, where appropriate, through the DSO programme.

Arrangements for gathering information on the effect of DSO policies and practices on different ethnic and cultural groups and the arrangements for information usage to assist the BBC in complying with the Race Equality Duty.

How Digital UK and the BBC will work together to ensure that the BBC has sufficient information to comply with the Race Equality Duty.

How policies which aim to ensure that a wide range of community organisations and individuals are actively engaged with by DSO have been shared with the BBC and will be forwarded and shared as they are developed.

NB: Because of the collaborative nature of the digital switchover project, involving Digital UK, DCMS, BERR and Ofcom, the BBC does not have control over all of the actions in its Action Plan. Where this is the case, the BBC will meet its commitment by working closely with the relevant organisation and will use its best endeavours to ensure the actions are achieved.

126

Part A: BBC Actions relating to the Digital Switchover Help SchemeObjective 1 To ensure that the Help Scheme engages all eligible people in need of assistance, and supports them through their customer journey.1 DSHS to initiate a ‘Transformation Plan’ to identify areas for improvement to the customer journey. Due date: 2010-11Lead: Operations DirectorEvidence/outcomes: Whole service reviewed from the customer’s perspective and any barriers to using the service identified and addressed.

2 DSHS to deliver a Scheme in line with the current Code of Service Standards and to continually develop the Code of Service Standards Due date: 2010-11Lead: Operations Director / Head of Customer Strategies Evidence/outcomes: Fully accessible and high quality service, informed by service users and measured for quality and for access to the service itself.

3 DSHS to deliver outreach activity to identify and engage ‘hard to reach’ / seldom heard people with specific strategies to reach diverse populations, including people from all ethnic and cultural groups.Due date: 2010-11Lead: Head of Customer Strategies Evidence/outcomes: Greater awareness of the Help Scheme particularly among those it is designed to assist and who may be in greater need of help

4 DSHS to focus on improving awareness and understanding among black and minority ethnic groups (where there are known issues).Due date: 2010-11 Lead: Head of Marketing Evidence/outcomes: Lower awareness among BME communities of the Help Scheme addressed

5 DSHS to collaborate with switchover programme partners to produce marketing and publicity that engages people in need of assistance.

Due date: 2010-11 Lead: Head of Marketing Evidence/outcomes: Fully accessible publicity material which informs more people about the service the Help Scheme offers

127

6 DSHS to develop regional plans which enrol the support of local delivery partners in delivering the Help Scheme. DSHS to develop action plans in response to ‘non-responder’ analysis.

Due date: 2010-11 Lead: Head of Customer StrategiesEvidence/outcomes: Working in partnership with local communities to help engage potential users of the Help Scheme

7 DSHS to work with the Department of Work and Pensions to develop an approach to better identify and prioritise those in need of assistance.

Due date: 2010-11 Lead: Finance DirectorEvidence/outcomes: Ensures the Help Scheme reaches everyone who might need the service

Drivers/informed by: Race Relations (Amendment) Act 2000 BBC Values: Audiences; Respect

Objective 2 To ensure that all Help Scheme public information is appropriate, sensitive, and accessible for people from all ethnic and cultural groups, e.g. face to face contact, printed materials and broadcast media.1 DSHS to work with Digital UK to ensure that all information and forms of communication are available in an appropriate range of accessible formats and languages and to provide a personalised response where appropriate.Due date: 2010-11 Lead: Head of Marketing Evidence/outcomes: Fully accessible Help Scheme which people are able to engage with in a way that meets their requirements

2 DSHS to work with Digital UK to ensure a basic minimum standard of accessible communications is in place across all media platforms

Due date: 2010-11 Lead: Head of Marketing Evidence/outcomes: Communications targeted to potential and / or users of the Help Scheme are fully accessible

128

3 DSHS to ensure that methods of communicating and transacting with the Help Scheme are available in a range of format and language options.

Due date: 2010-11 Lead: Operations Director / Head of Marketing Evidence/outcomes: Fully accessible Help Scheme which people are able to engage with in a way that meets their requirements

4 DSHS to deliver outreach activity for communities that may need additional support in engaging with the Scheme, e.g. oral traditions

Due date: 2010-11 Lead: Head of Customer Strategies Evidence/outcomes: Information about the Help Scheme reaches everyone who might need it

Drivers/informed by: Race Relations (Amendment) Act 2000 BBC Values: Audiences; Respect

Objective 3 To involve and consult with eligible people and their representative bodies from all ethnic and cultural groups in the delivery and development of the Help Scheme.1 DSHS understand the needs of eligible people via regular research and annual consultations which feeds insights into the continual improvement of the Help Scheme and removes barriers that prevent eligible people receiving assistance.Due date: 2010-11 Lead: Head of Customer Strategies Evidence/outcomes: Ofcom/Digital UK Tracker results, consultation reports. People who use the service are able to influence its further development and improvement

2 DSHS to promote the involvement of eligible people in delivering the Help Scheme

Due date: 2010-11Lead: Operations DirectorEvidence/outcomes: People who use the service are able to influence its further development and improvement 3 To ensure that learning from customer satisfaction, complaints and other feedback is fed into the continual improvement of the Help SchemeDue date: 2010-11

129

Lead: Complaints and Appeals Manager Evidence/outcomes: People who use the service are able to influence its further development and improvement 4 Regional plans effectively to determine regional consultation priorities and methods.Due date: 2010-11 Lead: Customer Strategy DirectorEvidence/outcomes: Involvement and consultation activity is tailored to suit the relevant switchover region

5 DSHS and the Department of Culture, Media and Sport to meet the Consumer Expert Group (CEG) regularly to seeks advice on the digital switchover programme.

Due date: 2010-11 Lead: Chief Executive/ Head of Customer Strategies Evidence/outcomes: CEG is able to influence the further development and improvement of the Help Scheme Drivers/informed by: Race Relations (Amendment) Act 2000 BBC Values: Audiences; Respect

Objective 4 To gather and use information effectively in order to monitor and assess the impact of current and planned operational processes, policies and practices on people from all ethnic and cultural groups.

1 DSHS to ensure that Equality Impact Assessments (EIAs) are used to assess any planned operational processes, policies and practicesDue date: 2010-11 Lead: Business ManagerEvidence/outcomes: DSHS develops operational processes, policies and practices which result in better outcomes for people from all ethnic and cultural groups.

2 DSHS to conduct regular audits / reviews of the customer journey to ensure that all activities are accessible to people from all ethnic and cultural groups.

Due date: 2010-11 Lead: Operations Director / Head of Customer StrategiesEvidence/outcomes: Any barriers to BME communities accessing the services identified and addressed

130

3 DSHS to conduct evaluations for each region as it closes to ensure that all activities have successfully engaged people from all ethnic and cultural groups.

Due date: 2010-11 Lead: Business ManagerEvidence/outcomes: Evaluations of delivery of the Help Scheme in each region include consideration of successful engagement of people from all ethnic and cultural groups

4 DSHS to work with Digital UK to track and respond to awareness and understanding data by people from all ethnic and cultural groups.

Due date: 2010-11 Lead: Head of MarketingEvidence/outcomes: Any differentials between in levels of awareness and understanding of switchover between different ethnic and cultural groups are identified and addressed Drivers/informed by: Race Relations (Amendment) Act 2000 BBC Values: Audiences; Respect

Objective 5 To ensure effective internal monitoring and evaluation of the Help Scheme RES outcomes

1Quarterly DSHS Equality Working Group meetings to track performance and develop strategies to achieve the Help Scheme RES outcomesDue date: 2010-11 Lead: Business Manager Evidence/outcomes: Regular forum to discuss equality issues including performance against the Race Equality Scheme

2 DSHS represented on the Finance Equality and Diversity Group Due date: 2010-11Lead: Complaints and Appeals ManagerEvidence/outcomes: DSHS’s commitments under the race equality duty form an integral part of the BBC’s wider Diversity Strategy

3 The BBC and Digital UK Digital Switchover Team to conduct Action Plan annual reviews. A formal scheme review will go to the BBC Executive Board and the BBC Trust for approval.

Due date: 2010-11

131

Lead: Business ManagerEvidence/outcomes: Compliance with the Race Equality Duty maintained

Objective 6 To ensure that DSHS providers are promoting race equality through their responsibilities under contract

1 DSHS will exercise due diligence to ensure that the duty to promote race equality is fully integrated into any procurement decisions (including subcontractors)

Due date: 2010-11 Lead: Contract ManagerEvidence/outcomes: Contractors delivering services on behalf of DSHS promote race equality

2 To ensure that all contracted staff fully understand their duty to promote equality and are active in implementing actions identified.

Due date: 2010-11 Lead: Contract ManagerEvidence/outcomes: Contractors delivering services on behalf of DSHS promote racequality

3 To ensure that DSHS providers have in place mechanism that allow them to demonstrate their performance with regard to equalities.

Due date: 2010-11 Lead: Contracts managerEvidence/outcomes: Contractors delivering services on behalf of DSHS promote race equality

4 DSHS to ensure that Equality Impact Assessments (EIAs) are used to assess any planned operational processes

Due date: 2010-11 Lead: Business ManagerEvidence/outcomes: DSHS develops operational processes, policies and practices which result in better outcomes for people from all ethnic and cultural groups.

Drivers/informed by: Race Relations (Amendment) Act 2000 BBC Values: Audiences; Respect

Objective 7

132

To ensure that the Help Scheme is informing and learning from best practice.

1 DSHS to encourage the digital television supply chain to develop technology to support people from all ethnic and cultural groups.

Due date: 2010-11 Lead: Operations Director / Lead TechnologistEvidence/outcomes: Development of the Help Scheme is informed by best practice on equality and diversity, including race equality

2 DSHS to seek external opportunities for knowledge and inspiration around equality best practice and to share its own success within the BBC and externally where appropriate.

Due date: 2010-11 Lead: Business ManagerEvidence/outcomes: Development of the Help Scheme is informed by best practice on equality and diversity, including race equality

3 DSHS to work with the BBC’s Diversity Centre to gain advice and input into the creation and monitoring of the RES.

Due date: 2010-11 Lead: Business ManagerEvidence/outcomes: Development of the Help Scheme is informed by best practice on equality and diversity, including race equality

4 DSHS to participate in Finance division’s Equality and Diversity Action Group activities.

Due date: 2010-11 Lead: Complaints and Appeals ManagerEvidence/outcomes: Development of the Help Scheme is informed by wider BBC activity on equality and diversity, including race equality

133

Part B: BBC Actions relating to Digital UK

Objective 1 To aim to provide appropriate, responsive and sensitive communications advice to different ethnic and cultural communities 1 BBC Digital UK board members monitor and influence Digital UK activities and ensure that the differing needs or issues for ethnically and culturally diverse groups are considered and responded to wherever relevant and practicable. Due date: 2010-2011 Progress: Ongoing Lead: BBC Chief Operating Officer and BBC Director of Marketing, Communications & Audiences working alongside Digital UK and other industry partners Evidence/outcomes: Digital UK information includes options for receiving digital TV.

2 Diversity within communities is also researched and considered so that the differing needs of, for example, older and younger people, or the specific needs of women within some minority some ethnic communities, are also addressed. Due date: 2010-2011 Progress: Completed. Focus groups and interviews carried out, representing black and minority ethnic groups and identifying any barriers. Lead: BBC Chief Operating Officer and BBC Director of Marketing, Communications & Audiences, working alongside Digital UK and other industry partners Evidence/outcomes: Digital UK information includes options for receiving digital TV.

3 Ongoing engagement of Digital UK Regional Managers with community organisations including religious groups, community and voluntary groups and with local authority social services departments Due date: Region-specific start dates according to regional rollout of DSO: 2010-2011 Progress: Ongoing Lead: BBC Chief Operating Officer and BBC Director of Marketing, Communications & Audiences, working alongside Digital UK and other industry partners Evidence/outcomes: Policy standards in place. Outcomes included in Digital UK’s current reporting procedures.

Drivers/informed by: Race Relations (Amendment) Act 2000

134

BBC Values: Audiences; Respect

Objective 2 To ensure that the transition to digital-only broadcasting is a fully inclusive process 1 Through attending its quarterly F&MC meetings, the BBC will monitor Digital UK’s general and specific marketing for inclusiveness and accessibility and request improvements as and when necessary, for example following evaluation of Granada communications. Due date: 2010-2011 Progress: Ongoing. BBC representatives meet quarterly with Digital UK to monitor progress on equality and diversity, including race equality. Lead: BBC Chief Operating Officer and BBC Director of Marketing, Communications & Audiences, working alongside Digital UK and other industry partners Evidence/outcomes: Digital UK consistently produces appropriate and inclusive communications on switchover (copies supplied to BBC). Ofcom/Digital UK Tracker results. Lessons learned from Granada.

Drivers/informed by: Race Relations (Amendment) Act 2000 BBC Values: Audiences; Respect

Objective 3 To ensure that all digital switchover and Help Scheme related information and modes of communication are appropriate, flexible and accessible for the target audience 1 Digital UK actively engages with a range of consumers through, for example, the Consumer Expert Group and Ofcom Consumer Panel. This work may involve research from time to time and any findings will be used to inform further review of this Action Plan. Due date: 2010-2011 Lead: BBC Chief Operating Officer and BBC Director of Marketing, Communications & Audiences, working alongside Digital UK and other industry partners Evidence/outcomes: Ofcom/Digital UK Tracker results.

2 At F&MC quarterly meetings, the BBC and Digital UK will monitor the spectrum of digital switchover and Help Scheme communications to check for appropriate style, format and language options and relevant content. Also, to consider other flexible contact options for communities which may need additional support because of oral language traditions, for example. Due date: 2010-2011

135

Progress: Ongoing. BBC representatives meet quarterly with Digital UK to monitor progress on equality and diversity, including race equality. Lead: BBC Chief Operating Officer and BBC Director of Marketing, Communications & Audiences, working alongside Digital UK and other industry partners Evidence/outcomes: People can contact Digital UK and the Help Scheme in various and flexible ways, for example by telephone, textphone, mail and email, through local roadshows and digital clinics and through community support during each region’s eligibility period. 3 BBC will work with Digital UK to assure basic minimum standards of accessible communications, including translations and interpretation options, which are appropriate to different media platforms, as some standard routes may present barriers to some groups. Due date: 2010-2011 Progress: Ongoing Lead: BBC Chief Operating Officer and BBC Director of Marketing, Communications & Audiences, working alongside Digital UK and other industry partners Evidence/outcomes: Policy on standards in place.

4 BBC will work with Digital UK to provide, wherever practicable, specific forms of communication which are relevant and appropriate for relevant audiences (see also section 4.3.2). Due date: 2010-2011 Progress: Ongoing Lead: BBC Chief Operating Officer and BBC Director of Marketing, Communications & Audiences, working alongside Digital UK and other industry partners Evidence/outcomes: Identified target groups receiving information which are accessible and easy to understand.

Drivers/informed by: Race Relations (Amendment) Act 2000 BBC Values: Audiences; Respect

Objective 4 To consult with a range of ethnically and culturally diverse communities in the planning and roll out of digital switchover and in the planning and the roll out of the Help Scheme 1 Consumer Expert Group (CEG) meetings occur regularly to advise DCMS and Digital UK on the DSO programme. Due date: 2010-2011 Progress: Completed (continuously reviewed)

136

Lead: BBC Chief Operating Officer and BBC Director of Marketing, Communications & Audiences, working alongside Digital UK and other industry partners Evidence/outcomes: CEG Meetings and Digital UK CEG feedback.

2 Regular meetings of the Usability Action Plan group will take place led by BIS.

Due date: 2010-2011 Progress: Completed Lead: BBC Chief Operating Officer and BBC Director of Marketing, Communications & Audiences, working alongside Digital UK and other industry partners Evidence/outcomes: BIS Usability Action Plan Group meetings.

3 Outcomes of the consultation conducted in order to shape the Help Scheme, also to inform Digital UK’s communications strategy. Due date: 2010-2011 Progress: Ongoing. BBC representatives meet quarterly with Digital UK to monitor progress on equality and diversity, including race equality. Lead: Digital UK Evidence/outcomes: Digital UK communications strategy reflects the outcomes of the consultation. Communications by Digital UK are fully accessible.

4 Digital UK/Ofcom monthly research into consumers’ attitudes, awareness and understanding of digital switchover and the Help Scheme will be used to assess the impact of the Digital UK communications strategy. Due date: 2010-2011 Progress: Ongoing Lead: BBC Chief Operating Officer and BBC Director of Marketing, Communications & Audiences, working alongside Digital UK and other industry partners Evidence/outcomes: Ofcom/Digital UK Tracker results. Digital UK communications evolve during the digital switchover programme.

5 Digital UK Regional Managers, Help Scheme Regional Managers and eaga (separately but coordinated with Digital UK), to meet with local charity and volunteer organisations and local authorities (see also objective 1 action 4).

Due date: 2010 - 2011 Progress: Ongoing. BBC representatives meet quarterly with Digital UK to monitor progress on equality and diversity, including race equality. Lead: BBC Chief Operating Officer and BBC Director of Marketing, Communications & Audiences, working alongside Digital UK and other industry partners

137

Evidence/outcomes: Digital UK Regional Manager meetings with local charity and volunteer organisations and local authorities taking place.

Drivers/informed by: Race Relations (Amendment) Act 2000 BBC Values: Audiences; Respect

Objective 5 To gather and use information effectively in order to monitor and assess the impact of current and planned DSO policies and practices, with regard to race equality

1 Digital UK will use relevant research data to review whether specific ethnic or cultural communities (or subgroups within those) may need more targeted digital switchover and Help Scheme communications (see also section 4.3.3). Due date: 2010-2011 Progress: Ongoing. BBC representatives meet quarterly with Digital UK to monitor progress on equality and diversity, including race equality. Lead: BBC Chief Operating Officer and BBC Director of Marketing, Communications & Audiences, working alongside Digital UK and other industry partners Evidence/outcomes: Ofcom and Digital UK publish consultation reports on their websites.

Objective 6 To ensure effective internal monitoring and Race Equality Scheme outcomes evaluation

1 BBC will monitor and update this Action Plan and review as necessary, for example following the Granada evaluation. Due date: 2010-2011 Progress: Ongoing Lead: BBC Chief Operating Officer and BBC Director of Marketing, Communications & Audiences, working alongside Digital UK and other industry partners Evidence/outcomes: Action Plan is regularly reviewed and updated.

2 The BBC and Digital UK DSO team will conduct Action Plan annual reviews and the three-yearly formal Scheme review will go to the BBC Executive Board and BBC Trust for approval. Due date: April 2008 onwards Progress: Ongoing

138

Lead: BBC Chief Operating Officer and BBC Director of Marketing, Communications & Audiences, working alongside Digital UK and other industry partners Evidence/outcomes: Formal reviews approved by responsible team and reports available to BBC and Digital UK.

139

Action Plan 3: The BBC in relation to certain functions under the BBC Agreement

Section ii: Other functions of the BBC in relation to certain functions under the BBC Agreement (Clauses 12, 74, 81) What is the BBC Agreement? In addition to the Royal Charter, the BBC has entered into a Framework Agreement with the Secretary of State for Culture, Media and Sport. This Agreement deals with a number of important matter (see section 1.2 and Annex for more detail).

How is the public consulted and informed about the BBC Agreement? During previous extensive public consultation connected with the transition from the BBC Governors to the BBC Trust arrangement in January 2007, licence fee payers were given the opportunity to meet with Governors and tell them at first hand what they thought about the proposed Charter and Agreement.

Action Plan aims That people and audiences from diverse ethnic and cultural backgrounds are afforded fair and equal access and maximum opportunity to participate in all relevant BBC public functions and related activities, through ensuring full access to all public information and any relevant consultation activities

This Action Plan (section ii) details a series of planned actions which have been identified as necessary following an audit of current activity in relevant areas. Equality impact assessments and consultation, where appropriate, will inform ongoing review (see above and also section 4.3). Each action is cross-referenced with the relevant Agreement Clause, where relevant to the Race Equality Duty.

Objective 1 To anticipate and wherever practicable meet the diverse needs of the diverse communities who access or seek to access UK public services

1 The BBC will seek to ensure that all access service commitments are fully met across current broadcasting and publishing on TV, online and on radio. Due date: Ongoing Progress: Ongoing Lead: Diversity Centre in liaison with relevant departmental heads Evidence/outcomes: People from diverse ethical and cultural backgrounds experience equal, convenient and cost-effective access to current BBC UK public services.

140

2 The BBC will, when planning or developing future access services, consider the potentially differing impact or needs requirements of people from diverse ethnic and cultural backgrounds (ref. Agreement Clause 12). Due date: Ongoing Progress: Ongoing Lead: Diversity Centre in liaison with departmental heads Evidence/outcomes: People from diverse ethnic and cultural backgrounds will experience equal, convenient and cost-effective access to any future BBC UK public services.

Drivers/informed by: Race Relations (Amendment) Act 2000 BBC Values: Audiences; Respect; Working Together

Objective 2 To ensure that specific financial information is fully accessible, through meeting the various communication needs of different communities

1 The BBC will ensure that copies of the Annual Report and Accounts take account of the communication needs of all groups and take account of any specific needs (ref. Agreement Clause 74). Due date: Ongoing Progress: Ongoing Lead: Communications team Evidence/outcomes: Evidence of prompt provision of alternative formats and languages as requested, to facilitate full and equal access to such public documents for diverse ethnic and cultural groups.

Drivers/informed by: Race Relations (Amendment) Act 2000 BBC Values: Audiences; Respect

Objective 3 To ensure that people of different ethnic and cultural backgrounds have equal access to specific public information announcements

1 The BBC will seek to ensure that all access service commitments are fully met, when broadcasting or otherwise distributing announcements concerning defence and emergency arrangements (ref. Agreement Clause 81). Due date: Ongoing Progress: Ongoing Lead: Diversity Centre in liaison with relevant departmental heads

141

Evidence/outcomes: Broadcast distribution announcements concerning defence and emergency arrangements are fully accessible and clearly understood by all groups.

Drivers/informed by: Race Relations (Amendment) Act 2000 BBC Values: Audiences; Respect; Working Together

NB: Agreement Clauses 87 and 88: these have been defined as not relevant to the Race Equality Duty.

142

Annex

The BBC’s public functions

A TV Licensing 1 Promotion of licensing requirements: Communication with general public

2 Promotion of licensing requirements: External stakeholder management

3 Customer relations

4 Operations: General

5 Operations: Policy development (which covers new and existing policies)

6 Operations: Database management

7 Operations: Payment processing

8 Operations: Issuing licences

9 Enforcement: Visiting and prosecution

10 Procurement

B The BBC Trust in relation to certain functions under the BBC Charter and Agreement The following functions of the BBC Trust are public functions for the purpose of this Scheme.

Charter Article 22: The Trust has responsibility for:

• BBC stewardship of the licence fee revenue and its other resources. • Upholding the public interest within the BBC, particularly the interest of licence fee payers.

Article 23: General duties of the Trust in exercising its public functions.Article 23 does not create self-standing public functions but will be relevant to the BBC’s exercise of its functions so far as these are public functions for the purposes of the Scheme.

Article 24 • Assessing the performance of the Executive Board and holding it to account. • The process of issuing service licences for BBC services and monitoring compliance with them.

143

• Holding the Executive Board to account for the BBC’s compliance with programme standards, quotas and the law. • Setting the framework within which the BBC should handle complaints. • Conducting investigations into any activity of the BBC which it suspects does not comply with the requirements supervised by the Trust. • Commissioning value-for-money investigations into specific areas of BBC activity. • Setting the BBC’s fair trading policy and holding the Executive Board to account for compliance with it. • Setting an approvals framework within which the Trust will assess proposals from the Executive Board for new services, significant changes to existing services, commercial services and other activities. • Ensuring that arrangements for collection of the licence fee are efficient, appropriate and proportionate.

Article 25: The Trust must adopt and publish Protocols setting out a detailed framework within which the Trust will discharge its functions.

Article 26: Protocols must require the Trust to seek the views of, and engage with, licence fee payers and set out how it will do so. The Trust must consult publicly before adopting any protocol under Article 27.

Article 27: Protocols on openness and transparency. Article 39 (7) and (8): The Trust shall set out in a Protocol details of

how Audience Councils are to be set up, run and recruited. The Trust may make whatever arrangements it considers appropriate for supporting the work of the Audience Councils.

Article 45 • The Trust must consider the annual report and statement of accounts prepared by the Executive Board and prepare a commentary. • The Trust must transmit the report and accounts and its commentary to the Secretary of State.

Agreement Clause 5: The Trust shall prepare purpose remits for each of the six

public purposes. The Trust shall consult publicly about these. The Trust must keep these under review and may amend them.

Clause 11 (6) : The Trust may approve the launch of new UK public services, or the termination of or material change to the nature of existing services.

Clause 15: In performing its functions in relation to the UK public television services, the Trust shall have regard to the purposes of public service television broadcasting set out in section 264(4) of the Communications Act 2003.

144

Clause 18: The process of determining which activities of the BBC should be covered by a service licence and how they should be covered.

Clause 19: Before issuing a service licence, the Trust must have consulted publicly.

Clause 20: The Trust must review service licences periodically and at least once every five years. The Trust must publish information on its intended programme of reviews. In reviewing a service licence, the Trust must consult publicly. The Trust should undertake a review whenever the public interest demands it. The public function does not extend to the content of the service licences.

Clause 21 (5) (in relation to the BBC’s Statements of Programme Policy): The Trust must monitor the BBC’s performance in carrying out the proposals. Each annual report presented by the BBC shall contain a report on the performance of the BBC in this area.

Clause 22 (3): It is the Trust’s responsibility to ensure that the principles which underlie the treatment of services are, where relevant, applied to non-service activities in a way which the Trust considers appropriate to the circumstances.

Clause 25 (2): The Trust must judge when the Public Value Test must be applied before a decision is taken to make any significant changes to the UK public services.

Clause 26 (4), (5) and (6): The Trust must consider the outcome of the public value assessment and the market impact assessment and reach provisional conclusions regarding the proposed change. The assessments must be published. The Trust must consult about its provisional conclusions.

Clause 41: The Trust must provide the Secretary of State with an annual report.

Clause 42: The Trust shall secure the efficient use of the radio spectrum available for use by the BBC or its contractors.

Clauses 43–46: The Trust must approve guideline to secure the appropriate standards specifically in relation to accuracy and impartiality; fairness; programme standards; and news and current affairs.

Clause 48: The BBC must include party political broadcasts and referendum campaign broadcasts. The Trust must determine which of the UK public broadcasting services are to include these and the basis on which and the terms and conditions subject to which such broadcasts are to be included.

Clause 50: The Trust must impose on the Executive Board the requirements it considers appropriate in relation to programming for the nations and regions. The Trust must consult Ofcom on these

145

proposals and must not make certain changes without the agreement of Ofcom.

Clause 58: The Trust must impose requirements on the Executive Board in relation to the production of radio programmes and material for online services.

Clause 61: The Trust shall require the Executive Board to draw up and from time to time revise a code of practice in relation to the commissioning of independent productions.

Clause 65: The Trust must after a public consultation adopt and publish a statement of policy on fair trading. The Trust must keep the policy under review and conduct a comprehensive review at least every three years.

Clause 66: The Trust must publish a statement of its duty to have regard to the competitive impact of the BBC’s activities on the wider market. The Trust must adopt and publish codes dealing with those aspects of the operation of the UK public services that in its view could raise significant issues regarding the competitive impact to the BBC’s activities.

Clause 85 (2) (in relation to the Executive Board’s report on equal opportunities and training arrangements): The Trust must publish its observations on the report.

Clauses 89 and 90 (complaints): The Trust must set and publish one or more frameworks for dealing with complaints. This must include the handling and resolution of complaints about the observation of the relevant programme standards.

C The BBC in relation to certain functions under the BBC Agreement The following functions of the BBC are public functions for the purpose of this Scheme.

Agreement Clause 12: Making the UK public services widely available. This

function is a public function when it is performed in conjunction with other public function activity such as Digital Switchover, the Trust’s public functions and the BBC’s arrangements with Ofcom in relation to Ofcom’s accessibility codes.

Clauses 34–41: The BBC’s obligations in relation to Digital Switchover. Clauses 59–60: Code relating to provision for deaf and visually

impaired people and power to modify targets. Clause 74: Reports and accounts about the commercial services.

146

Clause 81: The BBC may be requested to broadcast or distribute announcements in relation to defence and emergency arrangements.

Clause 88: The BBC may be directed to monitor and record specified media output. In complying with such direction the BBC is to be regarded as an agent of the Crown and to be acting in the public interest.

147