Appendix 5: Letter dated 5 December 2007 to the
Rt Hon Jack Straw MP, Secretary of State for Justice, Ministry
of Justice
As you will be aware, the Joint Committee on Human
Rights, which I chair, has taken a keen interest in the extent
to which residents of private sector care homes who are funded
by local authorities are protected by the provisions of the Human
Rights Act. In a recent House of Lords judgment, in the YL
case, it was found that private sector care homes are not 'public
authorities' for the purposes of the Human Rights Act, even in
relation to functions contracted out by local authorities. Ministers
have stated that, in their view, this interpretation of the Act
is not consistent with the views of Parliament at the time the
Act was passed and steps are being taken to bring private sector
care homes performing contracted-out functions within the ambit
of the Act.[55]
My Committee has recently reported on this issue
and is engaged in a variety of follow-up activity.[56]
We are also interested in how the Human Rights Act relates to
other contracted-out public services, including prisons, immigration
detention facilities, secure training centres, prisoner and detainee
transport and other institutions and services in the criminal
justice system. We would be grateful to know your view on the
following points:
¾ whether
the firms which supply services are public authorities for the
purposes of the Human Rights Act, in the light of the YL
judgment; if not, what steps are being taken to bring such firms
within the ambit of the Act;
¾ what
guidance exists to commissioning authorities about the provisions
such contracts should include concerning human rights, and to
providers as to how to ensure compliance with such provisions;
¾ and
how contractual obligations relating to compliance with the Human
Rights Act are monitored and enforced in practice.
In relation to contractual obligations, it would
be helpful to receive some practical examples of contractual provisions
currently in force, an indication of any changes made or recommended
after the YL judgment, and some practical examples of action
taken to enforce such obligations.
We are also concerned about whether the way contracts
are drafted could, in some cases, undermine compliance with human
rights. One example might be where financial penalties are stipulated
in a contract for escape from custody and this leads to more widespread
use of restraint than is proportionate. We would be grateful for
your views on this, and also on the transparency of contractual
information in this area and whether more could and should be
done to make information available to Parliament and the public
about the ways in which such contracted-out services are managed.
We would be grateful if you could send us a memorandum
dealing with these issues, and any other related matters you consider
relevant, if possible by Monday 7 January. I have written in similar
terms to the Home Secretary.
55 For example, HC Deb, 13 Nov 07, c526w Back
56
JCHR, Ninth Report, Session 2006-07, The Meaning of Public
Authority under the Human Rights Act, HL Paper 77/HC410 Back
|
