Ombudsman for Equality

To an authority preparing to set up a body

A public authority preparing to set up a body must ensure that the quota provision is adhered to. The assignment should be defined and the task considered, in the first place, from the point of view of the fields of expertise represented by both women and men.

The authority must make sure, as early as when candidates are nominated, that the quota requirement can be met. When requesting external actors to nominate candidates for a position, the authority must ask the actors concerned to propose the nomination of a woman and a man for every membership position. In this context, the external organs shall be reminded of the obligating nature of the quota provision.

Exceptions to the quota provision can only be made for special reasons. The concept of special reason shall be interpreted restrictively. This kind of reason may be, for example, that a body will be working on a niche where the experts are only either women or men.

That interest organisations or other organs propose only women or men as members does not constitute an acceptable reason. All those asked to nominate candidates for the bodies shall, whenever possible, propose the nomination of a woman and a man for every membership position. When participating in planning and decision-making in society, all interest groups, too, shall take equality issues into account, starting from the proposal stage.

A special reason always requires justification. A mere statement that candidates representing the opposite sex are not available is not a sufficient reason to make an exception. Actions that the civil servant preparing the matter has taken in order to implement the 40 per cent proportion or equitable participation, as well as the reasons for the inability to comply with the provision of the Act, shall be explained in the presentation memorandum.

The quota provision also applies to bodies established for the purpose of intermunicipal cooperation. In many cases, individual municipalities choose the members of intermunicipal cooperation bodies, such as the councils of joint municipal authorities and the joint bodies referred to in Section 77 of the Local Government Act. The municipalities concerned must ensure beforehand by negotiation that the final composition of each body is in accordance with the quota provision of the Equality Act.

The provision applies separately to members and deputy members. It does not apply to attendance in meetings in order to constitute a quorum.