Face Covering Discrimination in Businesses

Invest Northern Ireland did not have the information requested.

Dear Invest Northern Ireland,

Can you please provide evidence that shows:

(i) Invest NI has communicated with local businesses and business leaders, their responsibilities in relation to โ€œGoods, facilities and servicesโ€ as defined by the Disability Discrimination Act 1995, in order to ensure disability discrimination in relation to the wearing of face coverings is not occurring via mediums such as (but not limited to) point-of-sale messaging, posters at entrances - "No mask, No entry / No service", staff ignorance, social media posts, job advertising, tannoy announcements, in-store advertising. - where "reasonable Excuses" OR Exemptions are ๐ง๐จ๐ญ included in the messaging.

(ii) nibusinessinfo.co.uk has communicated with local businesses and business leaders, their responsibilities in relation to โ€œGoods, facilities and servicesโ€ as defined by the Disability Discrimination Act 1995, in order to ensure disability discrimination in relation to the wearing of face coverings, is not occurring via mediums such as (but not limited to) point-of-sale messaging, posters at entrances - "No mask, No entry / No service", staff ignorance, social media posts, job advertising, tannoy announcements, in-store advertising - where "reasonable Excuses" OR Exemptions are ๐ง๐จ๐ญ included in the messaging.

(iii) "Reasonable Excuse" awareness - communications with local businesses and business leaders that describes responsibilities in relation to the โ€œReasonable Excuseโ€ provision within legislation that protects against disability discrimination - especially the need to ask for proof of exemption OR compelling customers and/or staff to label themselves exempt - recognising that within guidance and legislation there is ๐ง๐จ such requirement:

"There is no need to get a letter from a doctor or the government to show that you do not need to wear a face covering." - https://www.nidirect.gov.uk/articles/cor...

(iiii) Communication with local businesses and business leaders that requires businesses to treat exemption messaging with equal importance to face covering wearing messaging, to ensure disability discrimination is not occurring.

(iiiii) Communication from Northern Irelands Government bodies (not limited to - Department of Health, Executive Office, Public Health Agency) that reminds Invest NI of its responsibilities to communicate messaging that ensures equality for all members of society.

Yours faithfully,

Catherine Edgar

FOI Invest Northern Ireland, Invest Northern Ireland

Dear Ms Edgar

 

FOI 1252

 

FREEDOM OF INFORMATION ACT 2000

 

Thank you for your information request below which was received on Friday
16^th April.  Your request is being dealt with under the terms of the
above legislation and will take account of information held by Invest NI
up to and including the receipt date above.

We will endeavour to respond to your request within the 20 working days
from the day after receipt of your request, as required by the
legislation. However, due to the unprecedented challenges businesses are
facing as a result of the coronavirus (COVID-19) pandemic, priority must
be given to our core business. This may mean delays in responding to your
Freedom of Information request and we would ask for your patience if we
are unable to meet the normal timescales.

If you have any queries about this email, please contact me. Please
remember to quote the reference number above in any future communications.

 

Best Regards

 

Clodagh

 

 

Clodagh Claxton

Information Governance officer

Information Governance Team

Invest Northern Ireland, Bedford Square, Bedford Street. Belfast. BT2 7ES.

Direct T: +44 (0) 28 9069 8864

Email: [email address]

www.investni.com www.nibusinessinfo.co.uk

Text Relay Number: 18001 028 9069 8864

If you are calling using a textphone from outside the UK please call: +44
151 494 1260 028 9069 8864

 

For details on how we use your personal data, including your rights,
please visit: investni.com/privacy

 

Please consider the environment before printing this e-mail.

 

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Dear Clodagh,

I understand, thank you for the acknowledgment.

Kind regards,

Catherine Edgar

FOI Invest Northern Ireland, Invest Northern Ireland

1 Attachment

Dear Ms Edgar

 

FOI 1252

 

Please find attached our response to your recent request for information.

Regards

 

Clodagh

 

Clodagh Claxton
Information Governance officer
Information Governance Team
Invest Northern Ireland, Bedford Square, Bedford Street. Belfast. BT2 7ES.
Direct T: +44 (0) 28 9069 8864
Email: [1][email address]
[2]www.investni.com [3]www.nibusinessinfo.co.uk
Text Relay Number: 18001 028 9069 8864
If you are calling using a textphone from outside the UK please call: +44
151 494 1260 028 9069 8864

For details on how we use your personal data, including your rights,
please visit: [4]investni.com/privacy

Please consider the environment before printing this e-mail.

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Dear FOI Invest Northern Ireland,

Ref FOI 1252

Thank you for your response. Please advise how to get the below addressed.

Is it a matter of choice that Invest NI do ๐’๐’๐’• address face covering wearing messaging and face covering โ€œReasonable Excusesโ€ OR โ€œExemptionsโ€ messaging equally, which itself encourages discrimination?

โ€œInvest NI does not hold any information in relation to the questions asked as this activity is outside of its roles and responsibilities.โ€

Invest NI website - nibusinessinfo.co.uk - promotes (on behalf of the Northern Ireland Executive) the wearing of face covering messaging, yet is ignoring promoting the โ€œReasonable Excusesโ€ or โ€œExemptionsโ€ messaging held within the same Health Protection (Coronavirus, Wearing of Face Coverings) Regulations (Northern Ireland) 2020 legislation. Surely, that ๐’Š๐’” part of Invest NIs โ€œroles and responsibilitiesโ€ as Invest NI are not treating messaging equally, which isolates those of us unable to wear a face covering, creating the potential for disability discrimination which in the extreme, has led to "No mask, No entry" signs.

https://www.legislation.gov.uk/nisr/2020...

Treating face covering wearing promotion equally to โ€œReasonable Excusesโ€ OR โ€œExemptionโ€ messaging addresses the potential for disability discrimination and should categorically discourage it. As it stands, Invest NI are ๐’๐’๐’• balancing the scales in acknowledging discrimination that could arise (and that has arisen) out of its promotion of face covering wearing guidance and legislation through nibusinessinfo.co.uk. How does this promote equality and tolerance towards those of us unable to wear face coverings?

I accept there are links provided within the nibusinessinfo.co.uk website, that take a user to further information on NI Direct etc where face covering "Reasonable Excuses" OR "Exemption" messaging can be found, however, correct me if I am wrong, surely Invest NI operating through nibusinessinfo.co.uk ๐’‰๐’‚๐’” a duty to promote equality in their information and messaging which means promoting face covering "Reasonable Excuses" OR "Exemptions" alongside face covering wearing (as do ALL businesses) especially considering nibusinessinfo.co.uk operates as:

- a free service offered by Invest Northern Ireland, is the ๐จ๐Ÿ๐Ÿ๐ข๐œ๐ข๐š๐ฅ ๐จ๐ง๐ฅ๐ข๐ง๐ž ๐œ๐ก๐š๐ง๐ง๐ž๐ฅ for business advice and ๐ ๐ฎ๐ข๐๐š๐ง๐œ๐ž in Northern Ireland;
- is delivered by Invest Northern Ireland on ๐›๐ž๐ก๐š๐ฅ๐Ÿ ๐จ๐Ÿ ๐ญ๐ก๐ž ๐๐จ๐ซ๐ญ๐ก๐ž๐ซ๐ง ๐ˆ๐ซ๐ž๐ฅ๐š๐ง๐ ๐„๐ฑ๐ž๐œ๐ฎ๐ญ๐ข๐ฏ๐ž.

Yours sincerely,

Catherine Edgar

Dear Invest Northern Ireland,

Please ignore the above message and please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Invest Northern Ireland's handling of my FOI request 'Face Covering Discrimination in Businesses'.

Ref FOI 1252

Thank you for your response.

โ€œInvest NI does not hold any information in relation to the questions asked as this activity is outside of its roles and responsibilities.โ€

Is it a matter of choice that Invest NI do ๐’๐’๐’• address face covering wearing messaging and face covering โ€œReasonable Excusesโ€ OR โ€œExemptionsโ€ messaging equally, which itself encourages discrimination?

Invest NI website - nibusinessinfo.co.uk - promotes (on behalf of the Northern Ireland Executive) the wearing of face covering messaging, yet is ignoring promoting the โ€œReasonable Excusesโ€ or โ€œExemptionsโ€ messaging held within the same Health Protection (Coronavirus, Wearing of Face Coverings) Regulations (Northern Ireland) 2020 legislation. Surely, that ๐’Š๐’” part of Invest NIs โ€œroles and responsibilitiesโ€ as Invest NI are not treating messaging equally, which isolates those of us unable to wear a face covering, creating the potential for disability discrimination which in the extreme, has led to "No mask, No entry" signs.

https://www.legislation.gov.uk/nisr/2020...

Treating face covering wearing promotion equally to โ€œReasonable Excusesโ€ OR โ€œExemptionโ€ messaging addresses the potential for disability discrimination and should categorically discourage it. As it stands, Invest NI are ๐’๐’๐’• balancing the scales in acknowledging discrimination that could arise (and that has arisen) out of its promotion of face covering wearing guidance and legislation through nibusinessinfo.co.uk. How does this promote equality and tolerance towards those of us unable to wear face coverings?

I accept there are links provided within the nibusinessinfo.co.uk website, that take a user to further information on NI Direct etc where face covering "Reasonable Excuses" OR "Exemption" messaging can be found, however, correct me if I am wrong, surely Invest NI operating through nibusinessinfo.co.uk ๐’‰๐’‚๐’” a duty to promote equality in their information and messaging which means promoting face covering "Reasonable Excuses" OR "Exemptions" alongside face covering wearing (as do ALL businesses) especially considering nibusinessinfo.co.uk operates as:

- a free service offered by Invest Northern Ireland, is the ๐จ๐Ÿ๐Ÿ๐ข๐œ๐ข๐š๐ฅ ๐จ๐ง๐ฅ๐ข๐ง๐ž ๐œ๐ก๐š๐ง๐ง๐ž๐ฅ for business advice and ๐ ๐ฎ๐ข๐๐š๐ง๐œ๐ž in Northern Ireland;
- is delivered by Invest Northern Ireland on ๐›๐ž๐ก๐š๐ฅ๐Ÿ ๐จ๐Ÿ ๐ญ๐ก๐ž ๐๐จ๐ซ๐ญ๐ก๐ž๐ซ๐ง ๐ˆ๐ซ๐ž๐ฅ๐š๐ง๐ ๐„๐ฑ๐ž๐œ๐ฎ๐ญ๐ข๐ฏ๐ž.

A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/f...

Yours faithfully,

Catherine Edgar

Dear FOI Invest Northern Ireland,

As an add on to the above request for internal review:

https://www.investni.com/about-us/equali...

"Section 75 of the Northern Ireland Act 1998
Invest NI complies with Section 75 of the Northern Ireland Act 1998.
This requires us to work in accordance with the principles of equality of opportunity between:

- Men and women generally
- ๐—ฃ๐—ฒ๐—ฟ๐˜€๐—ผ๐—ป๐˜€ ๐˜„๐—ถ๐˜๐—ต ๐—ฎ ๐—ฑ๐—ถ๐˜€๐—ฎ๐—ฏ๐—ถ๐—น๐—ถ๐˜๐˜† ๐—ฎ๐—ป๐—ฑ ๐—ฝ๐—ฒ๐—ฟ๐˜€๐—ผ๐—ป๐˜€ ๐˜„๐—ถ๐˜๐—ต๐—ผ๐˜‚๐˜
- Persons with dependants and persons without
- Persons of different religious belief, political opinion, racial group, age, marital status or sexual orientation."

Is promotion of equality outside Invest NIโ€™s roles and responsibilities?

Yours sincerely,

Catherine Edgar

FOI Invest Northern Ireland, Invest Northern Ireland

Dear Ms Edgar

FREEDOM OF INFORMATION ACT 2000

Internal Review FOI 1252

Thank you for your email.

As per the section 45 code of practice under the above legislation, Invest
NI has a duty to conduct an internal review for those applicants who are
dissatisfied with its initial decision.

This internal review is a first stage review for applicants prior to the
involvement of the Information Commissioner. The internal reviewer is
independent from the initial decision and considers whether the original
response was appropriate.

This process will normally be completed within 20 working days. It is
envisioned that a response will be issued to you no later than 25^th May.
However, due to the unprecedented challenges businesses are facing as a
result of the coronavirus (COVID-19) pandemic, priority must be given to
our core business. This may mean delays in responding to your Internal
review and we would ask for your patience if we are unable to meet the
normal timescales.

Thanks

Clodagh

Clodagh Claxton
Information Governance officer
Information Governance Team
Invest Northern Ireland, Bedford Square, Bedford Street. Belfast. BT2 7ES.
Direct T: +44 (0) 28 9069 8864
Email: [1][email address]
[2]www.investni.com [3]www.nibusinessinfo.co.uk
Text Relay Number: 18001 028 9069 8864
If you are calling using a textphone from outside the UK please call: +44
151 494 1260 028 9069 8864

For details on how we use your personal data, including your rights,
please visit: [4]investni.com/privacy

Please consider the environment before printing this e-mail.

 

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FOI Invest Northern Ireland, Invest Northern Ireland

1 Attachment

Dear Ms Edgar

 

FOI 1252 Internal Review

 

Please find attached our response to your recent request for an internal
review into our initial response to FOI 1252.

 

Regards

Clodagh

 

Clodagh Claxton
Information Governance officer
Information Governance Team
Invest Northern Ireland, Bedford Square, Bedford Street. Belfast. BT2 7ES.
Direct T: +44 (0) 28 9069 8864
Email: [1][email address]
[2]www.investni.com [3]www.nibusinessinfo.co.uk
Text Relay Number: 18001 028 9069 8864
If you are calling using a textphone from outside the UK please call: +44
151 494 1260 028 9069 8864

For details on how we use your personal data, including your rights,
please visit: [4]investni.com/privacy

Please consider the environment before printing this e-mail.

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Catherine Edgar

Dear Steve Chambers,

Thank you for completing an internal review.

I think I understand, but apologies just to clarify, as far as Covid-19 messaging goes:

(i) Invest NI have no control over ๐—ฎ๐—ป๐˜† Covid-19 content they use on their websites and no control over composition of messaging?

(ii) If that is the case, hypothetically, if Invest NI noticed the disparity between promotion of โ€˜wear a face coveringโ€™ messaging and exemption messaging, provided by the Department of Health, and wanted to acknowledge that it does encourage discrimination and actively tried to promote equality of messaging on its websites because it thought that was the right thing to do, would Invest NI have no power to do so and have to seek permission from the Department of Health because they control Covid-19 messaging?

Apologies, I am trying to understand why exemptions to wearing a face coverings are treated like they mean nothing when in reality, they mean everything to people like me.

Kind regards,

Catherine Edgar

FOI Invest Northern Ireland, Invest Northern Ireland

Dear Ms Edgar

 

FOI 1252 Internal Review

 

Thank you for your email below. I can confirm that as stated within our
previous responses Invest NI is not responsible for Covid 19 public health
messaging. Whereas we may link to those government agencies who are
responsible, as stated within our website terms and conditions, we are not
responsible  for their content nor would we challenge the expertise and
authority of these agencies.

 

FOI is designed to provide a right of access to data held by public
bodies, as such it is not designed to capture hypothetical scenarios
unless information is held on these. Invest NI does not hold any data in
relation to your query at point II below.

 

If you are unhappy with this response please refer to the ICO details
within our response letters.

 

Best Regards

 

Clodagh

 

 

Clodagh Claxton

Information Governance officer

Information Governance Team

Invest Northern Ireland, Bedford Square, Bedford Street. Belfast. BT2 7ES.

Direct T: +44 (0) 28 9069 8864

Email: [email address]

www.investni.com www.nibusinessinfo.co.uk

Text Relay Number: 18001 028 9069 8864

If you are calling using a textphone from outside the UK please call: +44
151 494 1260 028 9069 8864

 

For details on how we use your personal data, including your rights,
please visit: investni.com/privacy

 

Please consider the environment before printing this e-mail.

 

show quoted sections

Catherine Edgar

Dear Clodagh,

Thank you for further clarifying, I do appreciate your effort.

Invest NI websites, do not only link to โ€˜government agencies who are Responsible', its websites also create content:

https://www.nibusinessinfo.co.uk/content...
https://www.nibusinessinfo.co.uk/content...

At no point did I ask Invest NI to or suggest that Invest NI โ€˜challenge the expertise and authorityโ€™ of any agency. The soul that makes up Invest NI has its own moral conscience. However, as โ€˜do the right thingโ€™ is at the heart of Invest NIs corporate responsibility strategy, as Invest NI also aim to โ€˜show mutual regard for all othersโ€™ and โ€˜We will treat our customers fairlyโ€™, I would have imagined that Invest NI would be striving to support equality of messaging via content created by Invest NI for its websites. Especially, considering inequality in face covering messaging and face covering discrimination in businesses has been brought to Invest NIs attention. Invest NI has an influence that is far reaching, I would have hoped it would recognise the importance of face covering exemption messaging and do so regardless of the โ€˜government agencies who are Responsible' whom Invest NI link to. My mistake.

No further clarification needed, again, thank you.

Kind regards,

Catherine