Duties under the HRA

Fife Council did not have the information requested.

Dear Fife Council,

I am writing to request information under the Freedom of Information (Scotland) Act relating to your bodies’ duties under the Human Rights Act (1998) and Scotland Act (1998) to comply with the European Convention on Human Rights (ECHR)

Section 6 of the Human Rights Act obliges public authorities to comply with the ECHR and Sections 29 and 57 of the Scotland Act oblige the Scottish Parliament and Ministers to likewise act in a way compatible with the ECHR.

The Human Rights Act framework establishes that; the ECHR rights form a common set of binding values among public bodies; public bodies must have human rights principles in mind when making decisions about people’s rights, and that human rights must be part of all policy.

Specifically i would like to request any information you hold regarding:

1. How your authority has monitored and evaluated its compliance with the Human Rights Act and any outputs from the monitoring and evaluation process.
2. Specific actions taken to comply with the HRA and ECHR. For example only, this might include staff training, employment of a human rights lawyer to advise on policy, carrying out due diligence on any private bodies contracted or outsourced to (the HRA applies to all bodies performing a public function, including private companies), carrying out human rights impact assessments on policy.
3. Human rights considerations related to any change of practice or services provided due to the Covid-19 pandemic.

I would like to request the information outlined in points 1 and 2 above for the calendar year of 2019, and points 1,2 and 3 for the period of the Covid-19 pandemic, March – September 2020. I would like the information broken down by these two time periods.

If you have any questions or require clarification please contact me promptly.

Yours faithfully,

elizabeth thomson

Fife Council

Dear Elizabeth Thomson,

FREEDOM OF INFORMATION (SCOTLAND) ACT 2002 – REQUEST FOR INFORMATION

Thank you for your information request received on 11/11/2020 10:16 our ref: 33242 relating to Human Rights Act 1998. This is being dealt with in terms of the Freedom of Information (Scotland) Act 2002.

We are presently assessing your request and may be in touch soon to ask for further clarification or to offer advice and assistance if we are not able to fulfil your request in its present form.

The legislation allows us up to 20 working days from the date that we receive a valid request, including any clarification we require, to make a final response. We will be in touch within 20 working days of receipt of your initial request to provide our response or to seek clarification where necessary. We hope to provide you with the information you are looking for at an earlier date where possible.

Due to the current circumstances, the majority of Fife Council staff are unable to work in their normal workplace. All requests are being dealt with as quickly as possible, however in some cases this may cause a delay in accessing the data you have requested. In circumstances where a delay is likely to be caused due to problems with access, an update will be provided to you.

Yours sincerely,

Deborah McKay
Information Management & Requests

Deborah Mckay, Fife Council

Dear Elizabeth Thomson,

 

FREEDOM OF INFORMATION (SCOTLAND) ACT 2002 – REQUEST FOR INFORMATION

 

I refer to your email dated and received 11/11/2020, our ref 33242. 

 

*information request*

I am writing to request information under the Freedom of Information
(Scotland) Act relating to your bodies’ duties under the Human Rights Act
(1998) and Scotland Act (1998) to comply with the European Convention on
Human Rights (ECHR)

Section 6 of the Human Rights Act obliges public authorities to comply
with the ECHR and Sections 29 and 57 of the Scotland Act oblige the
Scottish Parliament and Ministers to likewise act in a way compatible with
the ECHR.

The Human Rights Act framework establishes that; the ECHR rights form a
common set of binding values among public bodies; public bodies must have
human rights principles in mind when making decisions about people’s
rights, and that human rights must be part of all policy.

Specifically I would like to request any information you hold regarding:

1. How your authority has monitored and evaluated its compliance with the
Human Rights Act and any outputs from the monitoring and evaluation
process.

2. Specific actions taken to comply with the HRA and ECHR. For example
only, this might include staff training, employment of a human rights
lawyer to advise on policy, carrying out due diligence on any private
bodies contracted or outsourced to (the HRA applies to all bodies
performing a public function, including private companies), carrying out
human rights impact assessments on policy.
3. Human rights considerations related to any change of practice or
services provided due to the Covid-19 pandemic.

I would like to request the information outlined in points 1 and 2 above
for the calendar year of 2019, and points 1,2 and 3 for the period of the
Covid-19 pandemic, March – September 2020. I would like the information
broken down by these two time periods.

*response*

We are unable to provide you with this information in terms of Section 17
– no information held.   We do not monitor or have specific actions around
human rights.   We have the Equality and Diversity Scheme which
incorporates human rights considerations.  This can be found online at:

 

[1]https://www.fife.gov.uk/kb/docs/articles...

 

 

I would like to draw your attention to the copyright situation in relation
to the material.

 

The council holds the copyright for all of the material provided and it
may be reproduced free of charge in any format or media without requiring
specific permission. This is subject to the material not being used in a
derogatory manner or in a misleading context. The source of the material
must be acknowledged as Fife Council and the title of the document must be
included when being reproduced as part of another publication or service.

If you are not satisfied with the way we have handled your request, you
have the right to request a review of the decision. Please write to: Head
of Legal & Democratic Services, Finance & Corporate Services, Fife House,
North Street, Glenrothes, KY7 5LT or e-mail to [email address].
The law provides for you to make this request up to 60 working days from
when we received your enquiry or 40 working days from when you receive
this correspondence whichever is the later date. Where the outcome of the
review fails to resolve the matter to your complete satisfaction you have
the right to apply to the Scottish Information Commissioner for a
decision.www.itspublicknowledge.info/Appeal

 

Fife Council will consider and seek to resolve any request to the Head of
Legal & Democratic Services that falls outside these time scales.

 

Yours sincerely

 

Deborah McKay

Information Management & Requests

Customer and Online Services

1^st Floor, Fife House, North Street

Glenrothes

KY7 5LT

 

[2]FACTS

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References

Visible links
1. https://www.fife.gov.uk/kb/docs/articles...
2. https://www.gov.scot/coronavirus-covid-19/
3. http://www.fifedirect.org.uk/privacy