Taxi Driver Online

6 October 2014


Dear City of Edinburgh Council,

In his response of 3rd October, 2014, to my FOI request regarding
licence renewal reminders Council Licensing Officer, Terence
Higgins claimed the following:

"As has been previously explained to you, the Council’s procedures
are compliant with the European Convention on Human Rights and the
Human Rights Act 1998 and there has been no breach or contravention
in respect of your treatment by the Council, consequently the
answer to your second question is no."


I am interested to understand how the council can claim this.
Indeed, in order to make this claim, the council would have to have
conducted a clear exercise or process to determine how each of its
process does comply with the ECHR and HRA 1998; or does City of
Edinburgh Council consider that it just has to make the claim and
the public will just have to accept it is telling the truth?

Under freedom of Information therefore, please provide me with the
documentation, in hard copy or electronic or other means, held by
the council which will show me how the council confirmed that its
processes are fully compliant with the ECHR and the HRA 1998; to
include any evidence identified, dates and minutes of any meetings,
reports generated, reports to council, emails, telephone
conversations and any other electronic and/or hard copy of any
information about compliance.

Please provide me with the positions of all council employees, and
their Human Rights legislation training and experience, who engaged
in the process to identify the council's compliance with ECHR and
the HRA 1998 and the dates of their involvement for each council
department, in particular licensing.

Please provide me with all documentation which shows how the
council's investigation and hearing process that can lead to the
removal of licence conforms to ECHR and HRA 1998, and in particular
relating to the following aspects of that process, that:

- Licence holders are not informed of their rights at the before
the interrogation or the hearing process.

- Licence holders are not advised they could have legal
representation before the interrogation process.

- Licence holders are subjected to a secret hearing before
councillors of which there is no public record.

- Licence holders are tried by councillors with no adequate legal
training.

- Licence holders have been sentenced to a fixed period temporary
suspension which is not part of the governing legislation (CG(S)A
1982) and which sentences handed down conform to no precedents,
benchmarks or recognised consistent standards which would accord
licence holders their fundamental right to equality before the Law
as enshrined in Human Rights.

Please provide me with details of the public funds spent on
determining compliance, the dates these funds were spent and the
budgets/departmental accounts to which they were debited to.

City of Edinburgh claims its process comply with Human Rights.

Under Freedom of Information, please provide me with any and all
documentation or record that shows this to be true?

_________________
Skull, "You are a police inspector, aren't you?"
Cab Inspector Smith, "Yes."
Skull, "So, are you going to tell Mr Taylor what his rights are?"
Smith, "And ... What rights?"

One day you just might research your subject. A bit like put your brain (however small) into gear BEFORE engaging in any communication - verbal or written!!

Have a look at this schedule 1 of the act and read sections 10 - 12 especially. They deal with licence suspensions and revocations.

http://www.legislation.gov.uk/ukpga/1982/45/schedule/1 explains the correct procedure and time scales. Read and then challenge the council on their adherence to this national law before going on about the nonsense that purports to uphold human rights. Normally to the ECHR, the rights of those breaking laws seem more important than their victims.

Swannee, do us all a favour and take a day off from being an ars*hole.

_________________
All animals are equal but some animals are more equal than others.
George Orwell, "Animal Farm"

And that just sums you up. No reasoned point just abuse because of your erroneous belief that you and your colleague are superior to the rest of the world.
Have you ever asked yourself why you are isolated in your beliefs? And it is most certainly not because the majority are wrong.
You make unbelievable claims then refuse to answer questions or clarify any part of them.
Have you ever considered that others are actually working within the system to change things? (Far easier and much more effective than insults) I doubt it.
How is your new business venture faring?
Have you alienated any customers or even your sister yet?

One can almost guarantee there will be, at best, a partial answer, or more probably no answer.

Well firstly, the Civic Government (Scotland) Act 1982 is subordinate legislation to the Human Rights Act 1998 and has to be read in accordance with the HRA. And secondly, the council has no evidence to suggest they have even considered Human Rights.

We sent in an FOI request to find out how their procedures under the CGSA 1982 complied with the HRA and the simple answer is, no evidence exists, no reports, reviews, meetings or consultations to ensure the CGSA is HRA compliant in any way. Oh and if you ask specific questions regarding your rights while being subjected to their investigative process they reply, "What Rights".

In short, you are entered into civil process with the weight of a criminal investigation conducted by a police Inspector who solicits information from you, which may or may not be used at a later date to remove your licence.



As a taxi driver you have no rights, so I must be right and the majority wrong.



What a fecking joke that is... I see you've not lost your sense of humour Swannee.


Oh and my new business is fine, my only regret is that I never got out fifteen years ago.

_________________
All animals are equal but some animals are more equal than others.
George Orwell, "Animal Farm"

Swannee has left the building......

_________________
All animals are equal but some animals are more equal than others.
George Orwell, "Animal Farm"

Can't wait for this answer to this ...

So, who is working within the system to change things?

And what change ... And to benefit who?

Swannee, Swannee ... I just crack up with your childish drivel.

Why don't you just consider the facts and deal with them?

PMSL

_________________
Skull, "You are a police inspector, aren't you?"
Cab Inspector Smith, "Yes."
Skull, "So, are you going to tell Mr Taylor what his rights are?"
Smith, "And ... What rights?"

If anybody has a few hours to waste why not read the full saga

https://www.whatdotheyknow.com/request/human_rights_4#comment-49812

https://www.whatdotheyknow.com/request/taxi_licence_renewal#comment-54149

https://www.whatdotheyknow.com/request/councillors_induction_training_m#comment-53200

I could go on but I don't really have the time. Those interested can research further themselves but it shows him up as the biggest asshole who knows a few big words yet lacks the ability to use them effectively and concisely.

Skull, I won't even respond to you.

Well you have the evidence and it shows the council doesn't even consider HR, when subjecting someone to their investigative process or indeed at the regulatory committee hearing, so what's your problem?

You seem to be making the case against the council by not according any rights to taxi drivers but we are wrong for pointing this out?

Your are a strange chap Swannee, you defend the system but your council treats you like a second class citizen, which tells me this is personal and not about the council or the fact they deny you Human Rights.

Oh and I bet this is why you never put your real name to any of your post.

_________________
All animals are equal but some animals are more equal than others.
George Orwell, "Animal Farm"

Swannee, is going, going, gone... It's got to hurt...

_________________
All animals are equal but some animals are more equal than others.
George Orwell, "Animal Farm"

Skull, there is little point in replying to you since you are incapable of rational thought or discussion.

Perhaps the council treated you like a second class citizen or, more likely, you thought they did.

In my case I have no cause to think that.

Where is the evidence you speak of that the council ignore HR? Have there been any cases aginst CEC or any other council regarding this (either inside or outwith the licensing regime) apart from the odd one that any organisation suffers?

Are rights denied to taxi drivers because they are not explained in single syllable terms that you cannot understand? More likely it is your fetish for argument causing trouble in empty rooms that makes you think those rights are denied.

Oh and btw Taylor loses yet again!!!

http://www.itspublicknowledge.info/ApplicationsandDecisions/Decisions/2014/201400236.aspx

Oh dear, I'm gone again

Swanee writes:


No soft lad, it's not me they treat like a second class citizen. It is you and people like you, they treat as second class citizens. You accept their shi*t, I don't.



You don't know what you think. You simply comply, blindly. Therefore the council must be protecting your rights.



Swannee, you are a moron. How can a council claim to have considered an individuals rights, when they can't tell you what those rights are?



Okay Swannee, explain to all of us what rights you have under the councils investigative process?

This should be a laugh?

_________________
All animals are equal but some animals are more equal than others.
George Orwell, "Animal Farm"

You really are worse than a kid.

What sh*t do I accept? In my dealings with the council I've always had civility and straight answers to straight questions.

Of course I know what I think and I, like most people, protect my own rights without the need to have them spelt out to me.

Because the council didn't spell out your rights to you doesn't mean thay can't. In your case, it's probably more likely that you are seen for what you are - a moronic troubleseeker.

If you of all people, with your so superior intellect, don't know your rights, who am I, a mere mortal, to explain them to you?

I await your response with bated breath, old bean (or should that be soft lad?)

Swannee writes:





And your rights are?


And what rights are you talking about?







You have no idea!!

_________________
All animals are equal but some animals are more equal than others.
George Orwell, "Animal Farm"

Ok I surrender. You're just too stoopid to understand!!

I ain't wasting any more time on you. i have a real life full of human rights, legal rights and even conjugal rights to live.