Reply from Equalities and Human Rights Commission to an e-mail.
Dear Mr and Mrs Henderson
Thank you for contacting the Equality and Human Rights Commission and for providing such a clear explanation of how the change in Government policy is going to affect you.
Although the Commission has a mandate under the Equality Act 2006 to promote understanding of human rights unfortunately it is unable to offer advice to individuals unless their human rights case also has an equality dimension to it.
From your email it would appear that you have two main concerns; one is the financial impact the change in policy will have on you and the other is how the consultation was undertaken.
The Human Rights Act sets out certain rights and fundamental freedoms and applies to public authorities or those organizations carrying out a public function. In your case, Westminster Parliament. Whilst the Human Rights Act is law in the UK it has not adopted all of the articles of the European Convention on Human Rights. There is nothing in the Act regarding consultation, therefore all I can advise is that you write to your MP if you feel the Government failed to consult widely enough on the proposed changes.
I have looked at the different Articles of the Human Rights Act and tried to apply them to your situation. Article 8 could apply, the right to private and family life, and Protocol 1, protection of property.
Article 8 states that everyone has the right to respect for their private and family life, their home and correspondence. However it is a qualified right, which means that a public authority can interfere with this right, such as in accordance with the law, and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others.
Protocol 1 states that a person has the right to the peaceful enjoyment of their possessions. Public authorities cannot usually interfere with things people own or the way they use them, except in specific, limited circumstances.
In the body of your e-mail you state that you have a contract with Scottish and Southern Energy which is renewed annually. I also note that paragraph 85 of the “Feed in Tariffs. Government Response to the 2009 Consultation” seems to imply that the tariffs are a matter for each individual contract.
If you are seeking to take your complaint forward you would have to retain independent legal advice. Names of solicitors can be found by contacting the Law Society of Scotland on 0131 226 7411.
I am sorry we are unable to offer you any assistance in this situation
Equality and Human Rights Commission
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|Re: New Feed in Tariffs||Peter - 24/03|
|Re: New Feed in Tariffs||BigSkeff - 26/03|
|Re: New Feed in Tariffs||Peter Henderson - 11/05|
|Re: New Feed in Tariffs||Peter Henderson - 1/04|
|Re: New Feed in Tariffs||muymalestado - 1/04|
|Re: New Feed in Tariffs||Stuart - 24/06|
|Re: New Feed in Tariffs||muymalestado - 24/06|
|Re: New Feed in Tariffs||Ted Marynicz - 26/06|