FOI Request - Application of Human Rights Act 1998

Request 101000288838

I am asking for information about the application of the Human Rights Act 1998 across your work and services as well as your use of the various tools, which exist in Scotland, to enable you to comply with your human rights duties. I am making this information request to inform a report I am writing for three NGOs.

1.     Is there a lead official for human rights within your organisation?  If yes, can you provide the name, designation and business email address of the official?  I understand there are already lead officials for equality, data protection, health and safety and freedom of information.

2.     Does your organisation have a specific guide for staff on complying with the Human Rights Act 1998?  If yes, please provide a copy.   Also, can you advise if all staff have received it or have access to it?

3.     Has your organisation discussed the publication of ‘Scotland’s National Action Plan on Human Rights’ (SNAP) on 10th December 2013?  If yes, please provide a copy of the Minute of the meeting and any background papers written to inform the discussion.

4.     Has your organisation produced guidance for staff on how to implement SNAP?   For example applying the PANEL principles?   If yes, please provide a copy of the Guidance.

5.     Following publication of the Equality and Human Rights Impact Assessment tool by EHRC Scotland and SHRC, has your organisation discussed using this tool?  If yes, provide a copy of the Minute of the meeting and any background papers written to inform the discussion. http://www.scottishhumanrights.com/eqhria

6.     Has your organisation completed an Equality and Human Rights Impact Assessment (EqHRIA)? If yes, can you provide a copy of each one? If your organisation is in the process of undertaking EqHRIAs can you provide a list of them?  Please also provide a copy of the internal guidance or manual, staff refer to when completing the EqHRIA.

7.     In the last three completed financial years, can you advise how many times legal proceedings have been initiated against your organisation by individuals who assert specific human rights as part of their legal case?  In these specific cases, please advise how many proceedings have resulted in:
•       A ruling in favour of your organisation?
•       A ruling against your organisation?

Given the content of my S1 information request detailed in Questions 1-7, if there is any other information you consider relevant then I would be happy to receive that too.

Response 15-10-2014

1.  The lead officer for human rights within the Moray Council is Don Toonen, Equal Opportunities Officer, email: don.toonen@moray.gov.uk

2.  This information is exempt under Section 27(1) of the Freedom of Information (Scotland) Act 2002, information intended for future publication.

3.  There has not been a discussion specifically on Scotland's National Action Plan on Human Rights. There has been a discussion on Human Rights within the Moray Council's Equality and Diversity Corporate Advisory Forum at its meeting on 22/11/2013. The report and minutes can be found on http://www.moray.gov.uk/moray_standard/page_89378.html

4.  As mentioned in question 2, this guidance is being produced, following the seminar on 7 October 2014.

5.  At the EIA seminar on 7 October 2014 reference was made to the toolkit.

6.  Equality impact assessments are a well established part of the Moray Council's decision making process. A report on assessments carried out in 2013 can be found on http://www.moray.gov.uk/downloads/file91938.pdf. The report also explains how human rights considerations are dealt with as part of the process. Previous equality impact assessments can be found on http://www.moray.gov.uk/moray_standard/page_66779.html

Please find a blank form and guidance

7.  We do not hold specific information on the number of times legal proceedings have been initiated against The Moray   Council by individuals who assert specific human rights as part of their legal case.  In order to obtain this information, it would be necessary to look through all litigation files from the past three years, the cost of which would be excessive.  The cost of locating and retrieving this information would exceed the limit of £600 prescribed in regulation 5 of the Freedom of Information (Fees for Required Disclosure) (Scotland) Regulations 2004. 

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