Taken together with the absence of regular detailed scrutiny of the performance of NHS Boards as employers in meeting the general and specific equality duties, either from government itself or from such as Audit Scotland or the Equality and Human Rights Commission, it is almost inevitable that 11 years on from the Equality Act 2010, the NHS in Scotland is unable, after 5 cycles of producing biennial reports on employment data, to provide clear evidence of the elimination of discrimination and the delivery of employment equality for BME people working in the NHS.