Judgment Approved by the court for handing down. R (Bridges) -v- CC South Wales & ors (b) advance equality of opportunity between persons who share a relevant protected characteristic and persons who do not share it; (c) foster good relations between persons who share a relevant protected characteristic and persons who do not share it.” 164. The two protected characteristics that are relevant in the present case are race and sex. It is submitted on behalf of the Appellant that SWP are in breach of the PSED because they have never had due regard to the need to eliminate discrimination on those two grounds which may arise from the software which is used in the deployment of AFR Locate. It is said that there is scientific evidence that facial recognition software can be biased and create a greater risk of false identifications in the case of people from black, Asian and other minority ethnic (“BAME”) backgrounds, and also in the case of women. 165. It is important to be clear that it is not alleged that the software used by SWP does have that effect. There is no claim brought on the basis of the negative obligations in the Equality Act, not to discriminate (whether directly or indirectly). Rather the complaint is based on an alleged breach of the positive duty to have due regard to the need to eliminate such discrimination. 166. As we have mentioned above, Ground 5 in this appeal was formulated as follows: “The Divisional Court was wrong to hold that the Respondent complied with the Public Sector Equality Duty in section 149 of the Equality Act 2010 in circumstances in which the Respondent’s Equality Impact Assessment was obviously inadequate and based on an error of law (by failing to recognise the risk of indirect discrimination) and the Respondent’s subsequent approach to assessing possible indirect discrimination arising from the use of AFR is flawed.” 167. In the Appellant’s skeleton argument for this appeal, at para. 47, the submission was maintained that the Equality Impact Assessment dated 13 April 2017 was erroneous in law because consideration was given only to the possibility that AFR might be directly discriminatory and no consideration was given to whether it might operate in an indirectly discriminatory manner. This argument was not pursued by Mr Squires at the hearing before us, although he did not formally abandon it. He made clear during the course of the hearing, when pressed by the Court, that his focus was on the alleged continuing failure to discharge the PSED, and not upon the Equality Impact Assessment of April 2017. 168. The Equality Impact Assessment of April 2017 was headed “Initial Assessment”. The use of the word “initial” did not mean that the assessment was only provisional or that there would be a further or fuller assessment in due course. It meant only that the initial assessment had not led to any concerns which were thought to require further investigation. In any event, as is common ground, there has been no further Equality