27. Memorandum from the Scottish Human
Rights Centre
In response to the specific questions posed
by the Joint Committee on Human Rights in their press release
of March 2003 the Scottish Human Rights Centre (SHRC) responds
as follows:
1. How should a human rights commission best
fit with a single equality body?
SHRC believes that there is a strong need for
an independent body to promote and protect human rights throughout
the UK and notes that such a body already exists in Northern Ireland
and will soon be created in Scotland. SHRC therefore agrees with
the JCHR that there should be human rights commission(s) to cover
England and Wales.
SHRC believes that separate single integrated
equality bodies should be created for Scotland, England and Wales
and anticipate that these bodies should be able to work closely
together with the human rights commissions in the same manner
as the Northern Ireland Human Rights Commission and the Northern
Ireland Equality Authority are able to do. SHRC disagrees that
a single integrated body should be created to deal with both equality
and human rights at this time.
2. If there are two separate bodies, what
human rights functions should any single equality body have?
As stated above SHRC believes that as present
two separate bodies would best serve the needs of the people of
Scotland and the rest of Great Britain (Northern Ireland already
being provided for). The bodies will need to work together and
establish memoranda of understanding outlining how to deal with
any overlap in jurisdiction. In practice the bodies will need
to decide which legislation provides stronger protection and will
present the best solution to the problem. It should be kept in
mind that all existing legislation must be read to be compatible
with the Convention Rights and that human rights points can be
raised in an ongoing legal action therefore the single equality
body would be able to raise human rights points without any additional
powers being required. The two bodies should also work closely
on their promotion functions.
3. What, in your view, should be the composition
of this UK-wide body? What functions and duties should it have,
and what funding would it require? How should it be held to account?
An overall UK Human Rights co-ordination body
should be composed of representatives of human rights commissions
in each of the UK countries ie Scotland, Northern Ireland, Wales
and England. It is duties and functions should include information
exchange, sharing of best practice, and co-ordination of UK-wide
initiatives. It could also if desired by the commissions co-ordinate
work on international treaty monitoring. Funding should be adequate
to carry out these functions but would not need to be extensive
as there is very little that this body should do. It should be
accountable primarily to the UK Parliament through the laying
on an annual report but should it should also provide this report
to the devolved legislatures as well. This body could draw on
the experience of the existing statutory equality bodies in their
GB co-ordinating and information sharing roles.
4. Powers and functions of Human Rights Commission(s)
for England and for Wales.
SHRC believes that human rights commissions
should have all of the powers and functions laid down in the Paris
Principles as well as any additional powers or functions which
are necessary for that commission to work in its locality. SHRC
would emphasise that human rights commissions must have enforcement
as well as promotion powers and it is not sufficient to leave
enforcement to the courts or to non-government organisations through
litigation.
These powers and functions should not apply
to the co-ordinating body.
5. Additional powers and functions of Human
Rights Commission(s) for England and for Wales.
As highlighted at Q4 SHRC strongly believes
that enforcement powers are essential to the proper functioning
of a human rights commission therefore agrees that any human rights
commission for England and for Wales should be able to provide
assistance (including financial assistance) to individuals to
take test cases relating to Convention rights questions; to be
able to take cases in its own name where a victim of a breach
of Convention rights cannot be identified; and to apply for judicial
review in its own name in relation to questions connected with
human rights. SHRC has campaigned extensively for these powers
and functions to be provided to the Scottish Human Rights Commission
and believes that these are essential to the proper implementation
of the UN Paris Principles which should be applied to all national
human rights commissions.
These powers and functions should not apply
to the co-ordinating body.
6. Accountability to Parliament (England
and Wales)
Any national human rights commission should
be accountable to the appropriate national parliament and should
have its budget determined by that parliament and not by any executive
arm of government. This accountability should be directly to parliament
via the laying of an annual report and subsequent parliamentary
debate rather than filtered through any government department
or parliamentary committee.
7. Appointment of Commissioners
SHRC believes that any appointments made to
the Human Rights Commission(s) for England and for Wales should
be made through an open and accountable selection procedure. This
process will be carried out by the Scottish Parliamentary Corporate
Body with regard to the appointment of Scottish Human Rights Commissioners.
Appointment must be in accordance with the UN Paris Principles
which specify commissioners should be independent and be personally
committed to human rights.
8. Representation: Function v Strand
SHRC believes that human rights commissioners
should be representative of the society that they serve rather
than representing a specific strand or function. Overall composition
should as far as possible reflect societal make-up eg gender,
race, age etc.
Staff should also be representative of society
as far as possible but should bring good professional experience
to their post thus enabling them to fully support the Human Rights
Commissioners.
SHRC does not believe that there is a need for
any commissioners at UK level as each nation will have its own
representative and a chair for the meetings can be elected from
amongst the group.
13 May 2003
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