Joint Committee On Human Rights - Seventh Report
Here you can browse the report together with the Proceedings of the Committee. The published report was ordered by the House of Lords and the House of Commons to be printed 23 February 2004.
CONTENTS
Terms of Reference
Summary
Introduction
Bringing rights home
Two types of public authority
The problem
Acknowledgements
1 The developing
law
Summary
Public authorities and international human
rights obligations
Public authorities under the Human Rights
Act: the parliamentary debates
Public authorities under the Human Rights
Act: interpretation in the Courts
"Pure" public authorities
"Functional" public authorities
Summary of the current state of the law
A gap in human rights protection?
2 Why does the
meaning of "public authority" matter?
Uncertain rights and responsibilities
The role of the "private" sector
in delivering public services
Concerns of service providers
Independence from government
Public sector borrowing and the private sector
Consequences for individuals: the impact
on vulnerable people
Conclusion
3 Is the category
of "functional public authority" necessary?
Summary
Accountability of the delegating public authority?
Horizontal application: the protection of
rights in the private sphere?
4 Potential Solutions:
a summary
Amending the Act
Contract
Guidance
Interpretation by the courts
5 Potential solutions:
legislation
Redefining public functions
Scheduling "public authorities"
Designating "public authorities"
Designating "public functions"
6 Potential solutions:
contract
Using contracts to secure protection of Convention
rights
Contracts between a public body and a private
organisation
Contracts between the service provider and
the service user
Conclusion
7 Potential solutions:
guidance
Standard contractual terms
Guidance from the Government on the meaning
of "public authority"
8 A solution:
principles of interpretation
Functional and institutional tests
Public functions and government programmes
Public functions and statute
Public functions and public institutions
Public functions and public power
9 Conclusion
Conclusions and recommendations
Annex: Section 6 of the Human Rights Act
1998
Formal Minutes
List of Written Evidence
MINUTES OF EVIDENCE
Written Evidence
Reports
from the Joint Committee on Human Rights since 2001
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