The Human Rights Act of 1998

Oysterman made this Freedom of Information request to Lothian and Borders Police This request has been closed to new correspondence. Contact us if you think it should be reopened.

The request was successful.

Dear Lothian and Borders Police,

I hear by request the following information under HM Freedom of Information (Scotland) Act 2012.

Can the constabulary outline its efforts in regards upholding HM Human Rights Act of 1998 which gives effect in our law to the fundamental freedoms of the European Union, specifically what measures the force are taking to facilitate, protect and promote the right to public protest as derived from article 11 of the act.

I note that it is unlawful for a public authority to interfere, disrupt, impede, obstruct or otherwise stop a peaceful protest under the act and to do such is a human rights violation liable to judgment. I would further ask the police to outline the formal channel for the public to notify the constabulary of any planned protest and any proscriptions in law the public must follow when staging a protest.

For more information please see: http://www.youtube.com/watch?v=Pqib7xeGJ3k

Thank you.

Oysterman.

Lothian and Borders Police

Thank you for emailing the Force Information Unit.  This office is staffed
between 8am and 4pm Monday to Friday.  Please note that your email will
not be dealt with outwith these hours.
If you require an immediate response please dial 0131 311 3131.  If it is
an emergency please dial 999.

This email is privileged, confidential and subject to copyright.  Any
unauthorised use or disclosure of its content is prohibited.  The views
expressed in this communication may not necessarily be the views of
Lothian and Borders Police.

P Please, consider your environmental responsibility. Before printing
this e-mail ask yourself: "Do I need a printed copy?"

Lothian and Borders Police

Dear Oysterman

REQUEST FOR INFORMATION;

Thank you for your email dated 06 November 2012 regarding the above.

Section 8 of the Freedom of Information (Scotland) Act 2002 requires that when making a request for information an applicant must provide his or her name, together with an address for correspondence. While the Scottish Information Commissioner deems that an e-mail address is sufficient for the purposes of the Act, he has issued guidance which states that an applicant must provide his or her own name when making a request. The reason for this is that any appeal to the Court of Session in Scotland in connection with a request must be made using the true name of the applicant and this must be the name used in the original request to the public authority.

I would be grateful if you could provide this information, and a response to your FOI will be completed in due course.

Yours sincerely

Paul Wallace
Force Information Unit
Lothian and Borders Police

show quoted sections

I e-mail the constabulary regarding my FOIR entitled 'The Human Rights Act of 1998' submited via the website Whatdotheyknow.com

I can confirm I am Oysterman and my name is ***** ******** ********* and for the puropses of the request my address is the e-mail address given.

Thank you.

Oysterman (Account suspended) left an annotation ()

Dear ****** ******
 
Thank you for your email received 06 November 2012 seeking information. I also appreciate you clarifying your name in your email received 22 November 2012.
 
With regards to your request for Lothian and Borders Police to outline the formal channel for the public to notify our force of any planned protest and any prescription in law the public must follow when staging a protest, please see below;
 
The legislation in relation to public processions is covered by the Civic Government (Scotland) Act 1982. Full details can be found in Civic Government (Scotland) Act, 1982 - Part V. I have provided a link to an online copy here, www.legislation.gov.uk/ukpga/1982/45. Therefore, Section 25 of the Freedom of Information (Scotland) Act applies; Information Otherwise Accessible.
 
The legislation in relation to public assemblies is covered by Public Order Act 1986, Section 14. I have provided a link to an online copy (www.legislation.gov.uk/ukpga/1986/64/section/14). Therefore, Section 25 of the Freedom of Information (Scotland) Act again applies.
 
With regards to the Human Rights Act, the following is an example of a strategic objective put in place by the police Gold Commander in relation to a public procession and assembly: To provide a lawful and proportionate policing response to the march or rally, balancing the needs and rights of marchers with those impacted by the event in the City or beyond.
 
* Freedoms of assembly and expression are key elements of a modern social democratic state, and enshrined in law.
* Any use of police powers, either to facilitate or restrict assembly or marching will be in accordance with the Human Rights Act 1998, in particular Article 2, the right to life, Article 3, prohibition on torture, inhuman or degrading treatment, Article 5, the right to liberty, Article 8, the right to respect for private and family life, and Articles 9,10 and 11, freedom of religion, expression and peaceful assembly.
 
I trust this information is of use. If you have any questions about the above or I can help in any other way, please do not hesitate to get in touch with me again.  However, under the Freedom of Information (Scotland) Act 2002, you have the right to appeal if you are dissatisfied with the way in which we have dealt with your enquiry. This should be done within 40 working days of receiving this email.  If you wish to appeal please contact Rachel Watson, Head of Force Information Unit, Lothian and Borders Police, Police Headquarters, Fettes Avenue, Edinburgh, EH4 1RB.   Please note that subsequent to this internal review there is a right of appeal to the Scottish Information Commissioner, Kinburn Castle, Doubledykes Road, St Andrews, Fife, KY16 9DS.
 
Yours Sincerely
 
Paul Wallace

Dear Lothian and Borders Police,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Lothian and Borders Police's handling of my FOI request 'The Human Rights Act of 1998'.

I  reffer the freedom of information request "The Human Rights Act 2010" back to the police on the following basis:

Most of the information pointed to are thatcher/conservative era superpowers from the 80's akin to  section 5 of the public order act of England. Now recognized by human rights activists from Mr.Tatchell to Amnesty International as being instruments of suppression upon civil rights. Something that has no place in a free Scotland.

I asked for a detail of specific actions the force are taking to premote and facilitate peaceful but pro-active public assemble/Protests in line with the European charter of fundemental rights and international human rights.

I am worried about the objectivity of police in implementing the law. Therefore while the response is helpful to some degree I believe the force does or should have more detail/comprehensive plans within the force itself in helping a civilians enforce there human right to peaceful assembly/protest.

I would therefore ask that the request is reviewed.

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

Yours faithfully,

Oysterman

Lothian and Borders Police

Thank you for emailing the Force Information Unit.  This office is staffed
between 8am and 4pm Monday to Friday.  Please note that your email will
not be dealt with outwith these hours.
If you require an immediate response please dial 0131 311 3131.  If it is
an emergency please dial 999.

This email is privileged, confidential and subject to copyright.  Any
unauthorised use or disclosure of its content is prohibited.  The views
expressed in this communication may not necessarily be the views of
Lothian and Borders Police.

P Please, consider your environmental responsibility. Before printing
this e-mail ask yourself: "Do I need a printed copy?"

Oysterman (Account suspended) left an annotation ()

I have reviewed the response which was made to your request about how the Force meets its legal responsibilities under "HM Human Rights Act of 1998 which gives effect in our law to the fundamental freedoms of the European Union, specifically what measures the force are taking to facilitate, protect and promote the right to public protest as derived from article 11 of the act". In that response Mr Wallace concentrated on the second part of your question, about marches etc, rather than on the first; and thereby failed to give you the information which I think is the focus of your enquiry.

First all offices and staff receive training on both the letter of the Human Rights Act, and its intention, as part of their induction training. In addition the following a standard instruction is used in all event orders:

Officers should be aware that the placing of constraints on the movement of participants and spectators in this event may be construed as interfering with their rights under Article 11 of the Human Rights Act. As a result, any such action taken by police officers must be necessary, proportionate and have a legitimate aim. All police activity must be non-discriminatory.

There is also a genral Order ont eh Human rights Act which ahs to be consedierd; and Human Rights have to be consierd in all operations and in the development of all policies, procedures etc. the check list used for this purpose is also attached.

Oysterman (Account suspended) left an annotation ()

6 HUMAN RIGHTS

6.1 Arrests

Any arrest will take account of the European Convention on Human Rights
and the following Articles have particular significance:

__ Article 2 The right to life
__ Article 5 Right to liberty and security
__ Article 9 Freedom of thought, conscience and religion
__ Article 10 Freedom of expression
__ Article 11 Freedom of assembly

Once an arrest has been made articles 6 and 7 will also have a bearing:

_ Article 6 Right to fair trial
__ Article 7 No punishment without law

Officers should be aware that the placing of constraints on the movement of
spectators or participants in this event may be construed as interfering with
their rights under Article 11 of the Human Rights Act. As a result, any such
action taken by police officers must be necessary, proportionate and have a
legitimate aim. All police activity must be non-discriminatory.

6.2 Equality Impact Assessment

This document has been reviewed under the Equality Impact Assessment

Framework and a copy of the ‘Stage One’ form can be found in Appendix J.