Memorandum of Understanding between the Equality and Human Rights Commission, the Northern Ireland Human Rights Commission and the Scottish Human Rights Commission

This Memorandum of Understanding (“MoU”) is entered into by and between:

(a) the Equality and Human Rights Commission (“EHRC”); (b) the Northern Ireland Human Rights Commission (“NIHRC”); and (c) the Scottish Human Rights Commission (“SHRC”), having effect from the date by which the MoU is signed by the representatives of each party. The three participating Commissions shall use all reasonable endeavours to fulfil the commitments made under this MoU.

1. The Equality and Human Rights Commission is the national human rights institution for England and Wales and for Scotland with the exception of matters falling under the remit of the Scottish Human Rights Commission. The EHRC is also the national equality agency for England, Scotland and Wales. It was created by the UK Parliament through the Equality Act 2006, taking over the work of the Commission for Racial Equality, the Disability Rights Commission and the Equal Opportunities Commission, with added functions in relation to human rights and new equality grounds.

2. The Northern Ireland Human Rights Commission is the national human rights institution for Northern Ireland, having been created by the UK Parliament through the Northern Ireland Act 1998, and further empowered through the Justice and Security (Northern Ireland) Act 2007.

3. The Scottish Human Rights Commission is the national human rights institution for Scotland. It was created by the Scottish Commission for Human Rights Act 2006 and formed in 2008.

4. The present agreement is intended to regulate and facilitate the working relationships between the EHRC, the NIHRC and the SHRC with the aim of fostering close practical collaboration, exchange of information and, as far as possible, agreement of common positions and avoidance of conflict. 

5. The principle of independence, at the core of the Paris Principles, nevertheless requires the three Commissions to recognise their independence from one another, as from all other actors. Nothing in the present agreement requires any of the three Commissions to act or refrain from acting in any way that it is legally competent to do, and in particular, nothing binds the three Commissions in respect of the adoption or articulation of policy, on which it is accepted that there will occasionally be differences of position or emphasis.

6. The present agreement may be supplemented in due course by additional protocols or memoranda governing co-operation in the domestic and international arenas.

7. There are many issues on which the three Commissions will want to co-operate with each other to ensure that unnecessary duplication of effort and resources can, where possible, be avoided.

8. All three Commissions are committed to the principle of good communication with each other, and especially where the activities of one Commission may have some bearing upon the responsibilities of another.

9. The primary aim is not to constrain the discretion of any Commission but to allow Commissions to make representations to each other in sufficient time for those representations to be fully considered.

10. Against this background, and in confidence where necessary, the Commissions will seek:
a) to alert each other as soon as practicable to relevant developments within their areas of responsibility; 
b) to give appropriate consideration to the views of the other Commissions; and 
c) where appropriate, to establish arrangements that allow for policies and programmes for which responsibility is shared to be drawn up and developed jointly between the Commissions. 

11. To this end annual meetings with Commissioners and senior staff will be convened between the three Commissions. In addition there will be regular, informal contact between equivalent staff in the three Commissions, particularly with respect to policy work, legal services and international co-operation. Where a conflict of interest or difference of opinion arises, the three Commissions will keep each other informed of their respective positions and the reasons underpinning their views.

12. The three Commissions may work together on a range of issues including for example:

• providing comment to international treaty monitoring bodies;
• exchanging views and information on specific policy areas of interest to both;
• co-hosting events such as conferences and seminars on matters of mutual concern;
• relevant research initiatives and investigations; and
• publication of mutually relevant human rights materials.

13. Each organisation is encouraged to share with the other on a regular basis and subject to appropriate confidentiality requirements, information which may be of interest. This may include:

• regular strategic and business plans;
• relevant submissions on policy and legislation;
• relevant research or investigations into human rights practices; and
• casework of mutual interest.

14. While this section of the Memorandum of Understanding refers to the International Co-ordinating Committee (ICC) of national human rights institutions (NHRIs), the three Commissions are encouraged to undertake to apply similar principles in respect of co-operation within the European Group of NHRIs.

15. Attendance at meetings and conferences: each Commission will decide independently whether to participate in a particular ICC event. The norm will be for a joint United Kingdom delegation but in the absence of the other Commissions, an individual Commission may perform this role. Prior to the meeting the three Commissions will consult through a designated “contact person” in each Commission: this will normally be a senior member of staff with direct access to the respective Chief Executive, Chief Commissioner or Chair. The aim of this preliminary consultation will be to agree broad positions on each agenda item in advance of the meeting. However if agreement is not possible, matters of policy may* be discussed with Commissioners from the three Commissions. Representatives of the three Commissions should also meet immediately prior to the start of the event and liaise during the meeting to agree roles and inputs.

*NB. Commissioners are able to contact their direct counterparts in the other Commissions at any time.

16. Participation in ICC business: Accredited UK NHRIs will exercise only one voting right in the ICC. When more than one Commission is present, delegates should sit together as “United Kingdom” and the voting right should be exercised on their behalf by a designated representative from the accredited Commissions depending on the issue under consideration and the expertise of the Commission in the particular field. Should only one Commission be present, it will exercise the speaking and voting right alone, but having regard to the positions, priorities and interests of the other Commissions.

17. On any matter where the three Commissions find themselves in disagreement, every reasonable effort will be made to reach a common position. Where it is not possible to reach agreement, no vote shall be recorded however any of the three Commissions may choose to express its views, but must make clear that it is not speaking on behalf of the other UK NHRIs.

18. Nomination for, and exercise of, ICC office: since offices within the ICC Bureau and committees are not held personally, but on behalf of a given state's national human rights institution(s), Commissions should only seek to present a candidature for any such office with the agreement of the other Commissions. Thus any nomination shall be by the three Commissions as the single United Kingdom candidate. Should the United Kingdom candidate be elected, the position will be exercised by the relevant Commission not in its own right but as the United Kingdom representative, speaking for all three NHRIs. In the interests of continuity any Bureau vacancy to which the United Kingdom is elected shall be held throughout the term of office by the same Commission. However, in the event that the relevant Commission is unable to attend a particular meeting, the other UK Commissions may substitute as the UK representative.

19. In ICC committees below the Bureau level, where the United Kingdom is elected or appointed to a position, the three Commissions may agree to alternate in attending meetings. This practice will be reviewed at an early stage to assess its impact on the efficient conduct of ICC business. While there need not necessarily be a strict rotation, it is agreed that over time, the three Commissions shall aim for equality in sharing ICC positions to which the United Kingdom is elected or appointed.

20. Reporting back: immediately after any ICC meeting, the person(s) attending on behalf of the Commission(s) will liaise with the contact persons of the three Commissions to report specifically on any issues that arose concerning co-operation, common positions or voting.

21. Participation in the work of treaty bodies and the Human Rights Council: each Commission will decide independently on whether to participate in a given UN event, the expectation being that all parties will take part in every monitoring cycle of the UN human rights treaties to which the State is party, and in the Universal Periodic Review.

22. Preparation and submission of parallel reports and information: given their distinct geographical responsibilities, the three Commissions will independently prepare and submit their parallel reports and other information inputs. However, for the avoidance of duplication and to identify any areas that may require further discussion, early drafts of such submissions will be exchanged through the contact persons, and efforts made to address any points of disagreement. All three Commissions may address human rights issues of UK-wide concern, and it is accepted that from time to time, each may have differences of position or emphasis. Each Commission is free to express its own views and neither shall criticise the other for doing so.

23. Attendance at pre-sessional meetings and examinations: each Commission will decide independently on whether to attend a treaty-related meeting. Where all three Commissions are present they shall sit together as a United Kingdom delegation, and individually deliver their presentations. In preparing the presentations, cognisance should be taken of the respective positions of each Commission in regard to the issue under consideration and the expertise of the Commission in the particular field. Prior to each meeting the three Commissions will consult through their contact persons. The aim will be to agree broad positions on the key points for any oral intervention (where the UN body permits such interventions by NHRIs). The preference will be for oral interventions to focus on matters of common policy. The representative of the three Commissions may speak on matters specific to its geographical jurisdiction. In using the available time, each Commission will have regard to the fair allocation of time as between the different Commissions.

24. On any UK-wide matter where the three Commissions find themselves in disagreement, every reasonable effort will be made to reach a common position, including by reference back to senior officers and, if necessary, the respective Boards. Where it is not possible to reach agreement, either Commission may intervene, but must make clear that it is not speaking on behalf of other UK NHRIs.

Reporting back: after any UN treaty examination in which any of the Commissions are present, the person(s) attending on behalf of the Commission(s) should liaise with the contact persons of the other Commissions to discuss specifically on any issues that arose concerning co-operation or common positions. In relation to the Concluding Observations of treaty bodies and the Universal Periodic Review, there shall be consultation and co-operation in planning and implementing follow-up. They shall also co-operate in working to secure the removal of any derogations, reservations or restrictive interpretations impeding the full enjoyment of the rights defined in the international instruments, and in advocating the ratification and full implementation of additional instruments

25. Promotional work: the three Commissions shall maintain contact and co-operation through their respective functional units in relation to promotion of awareness of the UN standards through publications, training, electronic resources and otherwise.

26. The three Commissions are encouraged to apply the same spirit of constructive co-operation to their engagement with other international and regional human rights fora including existing or future structures for collaboration among the national human rights institutions and equality bodies in Britain and Ireland.

27. Both the EHRC and NIHRC renew their commitment to support the SHRC in assisting any eventual application from that body for ICC accreditation.

28. Every three years the senior officers of the three Commissions will review this Memorandum of Understanding and amend accordingly.

29. This Memorandum of Understanding sets a framework within which a mutually beneficial relationship between the EHRC, NIHRC and SHRC can be further developed. 

30. This Memorandum of Understanding shall not have any legal effect, including any contractual effect.