Judgment Approved by the court for handing down. R (Bridges) -v- CC South Wales & ors there was no specific reason why it ought to have been assumed it was possible that the NeoFace Watch software produced more or less reliable results depending on whether the face was male or female, or white or minority ethnic. As we have explained, even now there is no particular reason to make any such assumption. We note that although Dr Jain states that ‘bias has been found to be a feature of common AFR systems’ he does not provide an opinion on whether, or the extent to which, such bias can be addressed by the fail-safe, such as ensuring that a human operator checks whether there is in fact a match. 158. In our view, the April 2017 Equality Impact Assessment document demonstrates that due regard was had by SWP to the section 149(1) criteria. The Claimant's contention that SWP did not go far enough in that it did not seek to equip itself with information on possible or potential disparate impacts, based on the information reasonably available at that time, is mere speculation. In any event, as matters had developed in the course of the trial since April 2017, it is apparent from Mr. Edgell's evidence that SWP continues to review events against the section 149(1) criteria. This is the approach required by the public-sector equality duty in the context of a trial process. For these reasons, the claim made by reference to section 149(1) of the Equality Act 2010 fails.” 173. With respect to the Divisional Court, we do not consider that there is “an air of unreality” about the Appellant’s contention that there has been a breach of the PSED. On the contrary, it seems to us to raise a serious issue of public concern, which ought to be considered properly by SWP. 174. The Divisional Court did not refer to any authority on the PSED, perhaps because the relevant legal principles were not in dispute. In any event, those principles were set out by McCombe LJ in R (Bracking) v Secretary of State for Work and Pensions [2013] EWCA Civ 1345, [2014] Eq LR 60, at [26]. It is unnecessary to set out that passage in full here. It is well known and has frequently been cited with approval since, including in Hotak v Southwark LBC [2015] UKSC 30, [2016] AC 811, at [73] (Lord Neuberger PSC). 175. In that summary McCombe LJ referred to earlier important decisions, including those of the Divisional Court in R (Brown) v Secretary of State for Work and Pensions [2008] EWHC 3158 (Admin); [2009] PTSR 1506, in which the judgment was given by Aikens LJ; and R (Hurley & Moore) v Secretary of State for Business, Innovation and Skills [2012] EWHC 201 (Admin); [2012] HRLR 13, in which the judgment was given by Elias LJ. For present purposes we would emphasise the following principles, which were set out in McCombe LJ’s summary in Bracking and are supported by the earlier authorities: (1) The PSED must be fulfilled before and at the time when a particular policy is being considered.