Duties under the HRA

The request was successful.

Dear Dumfries and Galloway 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

Dumfries and Galloway Council

FREEDOM OF INFORMATION (SCOTLAND) ACT 2002

Thank you for your request for information which was received on 11/11/2020 which we are dealing with in terms of the above legislation. We have given your request the unique reference 5074556 and we would appreciate it if you could quote this on all correspondence to us.

Under the terms of the legislation, we have an obligation to respond to your request within 20 working days from the day after your request was received. We will therefore aim to respond to your request by 09/12/2020.

However, as you will be aware the COVID-19 pandemic is having an effect on Council resources and staffing levels. These are unprecedented and challenging times and we are working across Dumfries and Galloway to respond to the situation as it develops, following official advice. We appreciate your patience and understanding.

If you have any queries in the meantime, please do not hesitate to contact [email address].

Kind Regards

FOI Unit
Dumfries and Galloway Council

This email, from Dumfries and Galloway Council, and any files transmitted with it, is confidential and intended solely for the use of the individual or entity to whom they are addressed.

If you are not the intended recipient of this email (and any attachment) please inform the sender by return email and destroy all copies. If you are not the intended recipient or responsible for delivering it to the intended recipient, you are hereby notified that any use, disclosure, review, dissemination, distribution or reproduction of this email is strictly prohibited. Please be aware that communication by internet email is not secure as messages can be intercepted and read by someone else. Dumfries and Galloway Council do not accept liability for any loss or damage which may result from this email or any files attached. It is your responsibility to scan this email and any attachments for computer viruses or other defects.

Any email including its content may be monitored and used by the Council for reasons of security and form monitoring internal compliance with the policy on staff use. Email monitoring or blocking software may also be used.

Any email message sent or received by the Council may require to be disclosed by the Council under the provisions of the Freedom of Information (Scotland) Act 2002. For further information and to view the Council’s privacy statement please go to https://www.dumgal.gov.uk/privacy

FOI Responses, Dumfries and Galloway Council

1 Attachment

PUBLIC

Please find below the Council's response to your request 5074556 which was received on 11/11/2020.

Details of 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:

Please see response attached.

Please be aware that the Council holds the copyright, where applicable, for the information 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 misleading context. The source of the material must be acknowledged as Dumfries and Galloway Council and the title of the document must be included when being reproduced as part of another publication or service.

If you require any further clarification, please contact us. However, if you are not satisfied with the way in which your request has been dealt with, you can request us to carry out an internal review of the decision by emailing [email address] or writing to us within 40 working days of receiving this response.

If you are dissatisfied with the outcome of the review, you have the right to apply to the Scottish Information Commissioner for a decision. Appeals to the Commissioner can be made online at https://eur03.safelinks.protection.outlo... or in writing to: The Office of the Scottish Information Commissioner, Kinburn Castle, Doubledykes Road, St Andrews, Fife, KY16 9DS.

Kind Regards

FOI Unit
Dumfries and Galloway Council

PUBLIC

This email, from Dumfries and Galloway Council, and any files transmitted with it, is confidential and intended solely for the use of the individual or entity to whom they are addressed.

If you are not the intended recipient of this email (and any attachment) please inform the sender by return email and destroy all copies. If you are not the intended recipient or responsible for delivering it to the intended recipient, you are hereby notified that any use, disclosure, review, dissemination, distribution or reproduction of this email is strictly prohibited. Please be aware that communication by internet email is not secure as messages can be intercepted and read by someone else. Dumfries and Galloway Council do not accept liability for any loss or damage which may result from this email or any files attached. It is your responsibility to scan this email and any attachments for computer viruses or other defects.

Any email including its content may be monitored and used by the Council for reasons of security and form monitoring internal compliance with the policy on staff use. Email monitoring or blocking software may also be used.

Any email message sent or received by the Council may require to be disclosed by the Council under the provisions of the Freedom of Information (Scotland) Act 2002. For further information and to view the Council’s privacy statement please go to https://www.dumgal.gov.uk/privacy

elizabeth thomson

Many thanks for this information.

Yours sincerely,

elizabeth thomson