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<p>The Ministry of Justice is committed to promoting equality and diversity in its
procurements. Section 149 of the Equality Act 2010 outlines the Public Sector Equality
Duty. The following three duties which form the basis of Departments' policy and to
which due regard must be given during the procurement process:</p><p> </p><p>1. Eliminate
unlawful discrimination, harassment, victimisation and any other conduct prohibited
by the Act;</p><p>2. Advance equality of opportunity between people who share a protected
characteristic and people who do not share it.</p><p>3. Foster good relations between
people who share a protected characteristic and people who do not share it.</p><p>
</p><p>The level of due regard given to the three duties will vary depending on their
relevance to each individual procurement. There will be greater significance for example
where the procurement involves direct contact with the public or employees of the
Department or where services are to be carried out in the Department's premises.</p><p>
</p><p>Where a need to consider equality has been identified at the beginning of a
procurement process, consideration to this is given at every stage of the process
as detailed below:</p><p> </p><p>· Planning and preparation includes the consideration
of whether the duties are relevant to the procurement.</p><p>· The Pre-Qualification
stage of the tender process contains mandatory fields including questions to make
sure that the bid is in line with legislation. Suppliers that do not pass these questions
are not progressed onto the next stage.</p><p>· The Request for Information and Request
for Quotation contain questions in line with legislation. These question are proportionate
so as not to disadvantage smaller suppliers.</p><p>· The evaluation of tenders can
include equality criteria if it formed part of the specification. However, if included,
the criteria are given proportionate consideration to the bid as a whole.</p><p>·
Contract award where the specification set out equality criteria can be used to determine
the most economically advantageous tender</p><p>· Ongoing consideration is given to
the equality duties in every review meeting for those relevant contracts.</p><p> </p><p>In
addition to these processes implemented during the procurement process, the Department
reports annually its obligations to the Cabinet Office. All procurement staff within
the Department are required to undertake mandatory Equality and Diversity Training
which makes sure that the duty can be considered and applied correctly.</p><p> </p>
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