The Committee noted that the Cabinet on 24^th March 2021 had considered a report from the Black, Asian & Minority Ethnic (BAME) Inequalities Commission and had RESOLVED to note the work that the Commission has undertaken during the four-month period and agreed the recommendations as set out in the report.  This decision however had been ‘Called-In’ by Councillor Puru Miah (signed also by Councillors Peter Gold; Rabina Khan; Harun Miah and Andrew Wood).  The main points raised as result of the questioning may be summarised as follows:

The Committee noted the:

1.    Cabinet report,

2.    Cabinet Decision of the 24^th March 2021

3.    “call in” requisition from the Call-in Members,

4.    representations by the Call-in Members, and

5.    representations by the Executive.

In addition, it was noted that in accordance with the OSC Protocols and Guidance adopted by the Committee at its meeting on 4th June 2013, any Committee Member(s) who present(s) the “Call In” is (are) not eligible to participate in the general debate.

Summary of the Call-in:

The Committee:

v  Noted that the Call-In Members had made two proposals (i) for Mayor and Cabinet not to just note the report, but instead to have it translated into community languages and produced in a non-digital format which should then be distributed in places like Ideas stores and GP surgeries. Then put out to further consultation for a six-month period; and (ii) for an independent panel to be formed to investigate the allegations of racial discrimination made to the Commission and for the panel to report its finding to the full council.

v  Observed that the decision was considered by the Call-In Members to be in breach of Tower Hamlets Council’s common law duty and statutory duties under the law.  As when the BAME Inequalities Report had been launched in October 2020, one of its stated aims had been to “engage and operate at the heart of the LBTH communities to hear about people’s lived experience and solutions, specifically Black, Asian and Minority Ethnic women and young people who experience higher levels of inequality”.  Therefore, the Call-In Members felt that residents had a legitimate expectation for the Council to keep its promise and to consult them fairly, or allow BAME residents, the proper means to engage with the Commission.

v  Noted that the Call-In Members felt that the Council had breached its statutory duties, in particular, the Public Sector Equalities Duty as set out in s.149 of the Equalities Act 2010.  This was by inadequately providing the means for BAME residents to engage with the commission and consultation, the Council had therefore failed in its Public Sector Equalities Duties.  As the Council in its consultation and engagement with the Commission and report had apparently failed to give due regards to the needs of BAME residents.

v  Noted that the Call-In Members considered that the decision to note the report within a week of its publication by the Mayor and Cabinet, when adequately not enabling BAME residents to engage with the Commission or its consultation goes against the stated object of the report. The Call-In Members also felt that it is unreasonable for the Mayor and Cabinet to believe that less than a one-week period is satisfactory to gather views on a report that had taken five months to formulate.

v  Observed that although serious allegations of discriminations had been made to the Commissioners, the Mayor and Cabinet had not applied the MacPherson principles in treating the allegations as racist incidents and investigating them.  This was felt by the Call-In Members had left the Council open to the charge of an apparent cover-up, by failing to investigate adequately allegations of racial discrimination.

v  Noted that according to the Call-In Members the Commission had not kept to that promise in regard to consultation and engagement of BAME residents with the commission or the report.  For example (a) All the consultations were conducted online in a Borough with high levels of data poverty, which it was felt disproportionately affects the BAME residents; (b) No translations were provided in a consultation aimed at BAME residents, many of whom have difficulties with the English language.

Summary of the Executives response

The Committee

v  Noted that LBTH had actively reached out to communities through third sector; and partner agencies including help from these agencies the facilitation of translating the consultation documents.  Also the Lead Member indicated that she was very happy to discuss any concerns raised with the Call-In Members.

v  Recognised that the Commission had, had to undertake its work during the exceptional circumstances created by the coronavirus pandemic and it was accepted as relevant to the way that the consultation had been conducted. 

v  Noted that achieving true equality in LBTH is not a feat the Council can achieve alone and the collective efforts of all partners is critical in ensuring the successful implementation of these recommendations. The Commission therefore had recommended that a subgroup of the Tower Hamlets Partnership Executive Group should be established to lead on delivery of the recommendations and work with.

v  Observed that the Commission had adopted a bottom up approach whereby they had gathered together a range of groups/agencies with a shared common interest on the issues under consideration and who had taken part in a series of interactive discussions.  These groups it was noted had helped to give the Commission an appreciation of how residents felt, about their lived experience and what they felt were possible solutions.

v  Noted that much of the evidence gathered by the Commission had suggested that institutional and structural racism is a key barrier in accessing services and progression in life and employment.

v  Understood that the recommendations set out in the report will be delivered through the Tower Hamlets Partnership Executive Group. The Council will assume a lead role and will act as a facilitator to engage and support partners in both the public and private sector to respond to these recommendations.

Summary of Committee discussion

The Committee:

v  Recognised that the report provides recommendations to improve the inequalities of local BAME Communities. It highlighted a number of areas where the Borough’s BAME communities are experiencing poorer outcomes including in the areas of employment, health, and community leadership.  However, although the Committee had reservations about how the work the Commission had been undertaken it felt that if the recommendations from the Commission were not taken forward now it would mean that there would be delays in (i) addressing the inequalities currently facing the local BAME communities in the Borough; (ii) investigating the allegations of racial discrimination made to the Commissioners; and (iii) making those radical changes required to the close inequality gaps by advancing opportunities and ensuring the experience of racism within structures and institutions is eradicated.

v  Indicated that whilst it was clear that there has been significant progress in the Borough, the Committee had reservations about the slow pace of change which it was felt that had not been either (a) quick; or (b) radical enough.

v  Indicated that they considered that this was an ongoing piece of work to (i) build that element of trust between the Council, it’s partners and the communities that they seek to serve; and (ii) address the allegations of racial discriminations that had been made to the Commissioners.

As a result of a full and wide-ranging discussion the Committee moved to the vote and Councillors Gabriela Salva Macallan; Bex White and Mohammed Pappu RESOLVED that whilst the decision was to be reaffirmed.

1.    a paper would be produced on what concerns of discrimination were raised and how the Council had responded, and

2.    an update report on the progress of the action plan would be brought back to the Committee to review later in the year.

Finally, the Chair also thanked all those in attendance for their time and participating in this process.