Public procurement and the public sector equality duty: equality sensitive tendering in Scotland

Public procurement, the purchase of goods and services by public sector bodies, is an important segment of the economy. In Scotland alone, it accounts for over £10bn per year (Scottish Government, 2016). Beyond its economic impact and the opportunities for businesses, public procurement has been referred to as one of governments’ most important functions (Potoski, 2008: S58). Equality sensitive public procurement can reduce discriminatory features of goods, works or services. It can be strategically used to foster equality within the workforce of a specific contract, for instance by including quota for the employment of certain groups in works contracts (Wright, 2014). Furthermore, by strategically using contracting for services, it may be a lever to promote more equal outcomes (Equality and Human Rights Commission, 2013: 19) also in the broader societal context. It has also been considered as having “great potential to promote gender equality” (European Institute for Gender Equality, 2016).