Commissioner Working Group on Human Rights Monitoring and Related Matters terms of reference

1. The purpose of the Working Group is to oversee the effective implementation of the EHRC’s monitoring and reporting function through the current Human Rights Monitoring Strategy (‘the Strategy’), and to advise on reviewing and amending the Strategy.

2. The principal aims of the current Strategy are to:

a) Ensure that the equality and human rights issues the Commission identifies as being a matter of concern and requiring action by UK and Welsh governments are actively promoted on the international stage, and utilise the UN’s ‘endorsement’ of our priorities as additional leverage with UK governments

b) Capitalise on opportunities to engage with UK governments and parliaments to strengthen their understanding of and compliance with the international human rights framework

c) Support civil society to better understand their rights, equip them with the tools they need to assert them, and ensure the Commission takes account of their key human rights concerns in its work

d) Enable meaningful coordination with colleagues across the Commission, ensuring that international human rights law arguments help advance the case for change under each of our Priority Aims.

3. The Board has delegated to the Working Group the responsibility to:

a) approve the scope and approach of reports to the UN of Britain’s progress and compliance with international equality and human rights instruments and to escalate to the Board any issues in respect of these which it considers to involve significant risk or of a sensitive nature in a timely manner;

b) ensure the effective implementation of the Human Rights Monitoring Strategy;

c) inform and approve specific policy positions and recommendations emerging from the Human Rights Monitoring reports that are new or have reputational or operational risk, referring to the full Board where appropriate (see para 6); and

d) ensure the Commission fulfils the requirements of Equality Act 2006 and complies with the Paris Principles in relation to monitoring and reporting to the United Nations.

4. The Board may vary, revoke or add to these delegations. The Terms of Reference of the Working Group will be reviewed annually.

5. The Board remains responsible for all of its functions under the Equality Act, even those delegated to a Working Group, Commissioner, or a member of staff and will receive formal updates on Working Group activities via the Working Group Chair.

6. Where the Working Group is concerned that a decision is outside of its Terms of Reference, or has significant operational or reputational implications or risks, then it must consult the Chair and Chief Executive to determine whether the matter should be referred to the Board.

7. The Working Group must engage the Disability Advisory Committee and consult the Statutory Committees for Scotland and Wales where their decisions relate to issues that fall within their respective mandates.

8. The minutes of Working Group meetings will be recorded by the Working Group’s Secretariat and shared with the Commission’s Board, Statutory and Advisory Committees and Executive Group.

9. The Working Group consists of serving members of the Board or members of statutory and advisory committees who have relevant experience. 

10. To be quorate, at least two Commissioners must be present.

11. The Working Group may nominate a Commissioner from its membership to be the chair, or alternatively it may rotate the chair between the Commissioners on the Working Group. In the absence of the Chair, another Commissioner should be asked to chair the meeting in their place.

12. The Lead Officer for the Working Group shall be the Director of Evidence and Human Rights Monitoring.

13. The Secretariat for the Working Group shall be provided by the Commission’s Human Rights Monitoring Team.

14. The following officers shall receive a standing invitation to attend meetings of the Working Group:

• Human Rights Monitoring Principal
• Human Rights Monitoring Senior Associates
• Director of Evidence and Human Rights Monitoring
• Executive Director, Corporate Strategy and Policy and Wales
• Senior Principal, EHRC Wales

15. The Working Group may, in discussion with the Director of Evidence and Human Rights Monitoring, extend an invitation for other officers, stakeholders or experts to attend its meetings, as appropriate.

16. The Working Group shall convene at least twice a year, either at the EHRC’s offices or remotely.  Other meetings shall be convened as required.

17. The Director of Evidence and Human Rights Monitoring must approve all papers to the Working Group, escalating to the Executive Director, Corporate Strategy and Policy and Wales where appropriate. The Secretariat shall circulate the agenda and papers to the Working Group in good time to allow members to prepare at least one week in advance of the meeting.

18. The Secretariat shall minute each meeting, and coordinate communication between the Working Group, officers, non-executives and external stakeholders, as appropriate.

19. On occasion, approval, comments or a policy steer by email may be requested where timings for Commission submissions and Working Group meetings cannot easily be aligned.

20. Any Commissioner or attendee who becomes aware of a potential conflict of interest relating to matters to be discussed by the Working Group must give prior notification to the Secretariat. If this is not possible, or if the conflict only becomes apparent at the meeting, they should declare this at the meeting and, where necessary, withdraw during discussion of the relevant agenda item.

21. Declaration of interest will be a standing item on the Working Group agenda.