Parliamentary.ai

Overview

This bill clarifies the definition of "public function" within the Human Rights Act 1998. The aim is to provide clearer criteria for determining when private entities performing activities that impact human rights are subject to the Act's provisions.

Description

The bill amends section 6(3)(b) of the Human Rights Act 1998, which deals with the actions of public authorities. It outlines specific factors to consider when deciding if a function is "public" in nature. These factors include:

• The extent of state responsibility for the function.
• The state's role in relation to the function's subject matter.
• The level of public interest in the function.
• The existence of any statutory powers or duties related to the function.
• The degree of state regulation, supervision, or inspection of the function.
• The extent of state funding for the function.
• The use of statutory coercive powers in the function.
• The risk of human rights violations due to improper performance of the function.

The bill also clarifies that a public function includes those performed wholly or partially at public expense, regardless of the performer's legal status or contractual arrangements.

Government Spending

The bill's impact on government spending is not directly addressed in the text and would likely depend on the interpretations and applications following its enactment. No figures are provided regarding increased or decreased spending.

Groups Affected

This bill could affect:

• Private companies: Companies performing functions with a significant public element could face greater scrutiny under the Human Rights Act if the bill is passed.
• Individuals: Individuals whose rights are potentially impacted by actions of private entities performing public functions may have a stronger legal recourse.
• Courts and tribunals: They will have a clearer framework for interpreting "public function" when adjudicating human rights cases.