Jasbar wrote:
Jasbar wrote:
Dear Mr macleod
Thank you for your reply.
It occurs to me that this information should be readily available and you would have no difficulty responding timeously.
Of course, should it not be, then may I suggest that you consider that the council's procedures are in error in Law, and that the rights of those who are subjected to the claims (complaints) process are being breached.
The consequence of failing to accord individuals their fundamental rights, is that the councils procedures are not fit for purpose. This being the case, the council would be breaching its statutory obligations in continuing to hold hearings without meeting the rights of those called before the committees, and until this matter is properly addressed.
This would also mean that those who have previously been brought before the committee, and whose rights have been breached, have been subjected to an illegal procedure.
You will appreciate my concern.
Yours
Donald Macleod
28 Mar (3 days ago)
to me
Dear Mr Taylor,
Thanks for your e-mail. I will discuss with Services for Communities. Your query will require a detailed and considered response and we will revert you as soon as possible.
Regards
Donald Macleod
Principal Solicitor (Licensing)
Legal, Risk and Compliance
Corporate Governance
Business Centre 3.1, Waverley Court
4 East Market Street, Edinburgh, EH8 8BG
Tel 0131 5294304 Fax 0131 529 4207
E-mail
donald.macleod@edinburgh.gov.ukPlain truth is that anyone who is currently being required to appear before the licensing committee, or who is the subject of any stage of a complaint being made against them, is entitled to ascertain beforehand precisely what rights they have in respect of the process they're being subjected to.
What Donald is saying is council-speak for the fact the City of Edinburgh Council has no guidelines, which I already knew. They're buying time to craft some, or to try to justify why they don't. This is NOT how councils should behave.
The council is fully aware of what's required, because they have processes in place for dealing with their own staff. Which they are entitled to; not because they are council staff
per se, but because they are human beings, just like licence holders, who have human rights conferred by the ECHR, HRA and Equalities legislation. And the Council would ignore these at their own legal peril.
No matter what they craft now, I suggest that those already stiffed by the committees have been done so illegally. Because we are NOT aware of rights having been advised to those complained against - EVER.
So, the situation is, if they come back with licence holders having no right to be advised of their rights, then we truly do live in a police state. And I can't wait to see how they would square that with Human Rights.
And if they come up with some procedures which they claim does satisfy the query, then we already know they haven't practiced what they preach.
Now this has been delegated to the Community Services officer. I suggest it should have been handed to a real lawyer.
Donald may be replying with bravado. But in the absence of the quick response because the processes are already in place, he's really telling us the council is once more in devious mode.
And Gusmac. This is precisely what the Scottish Government should be sorting. And until they clear out the nest of vipers that is our councils, we're clearly not ready for Independence.
BTW had a guy in the car who told me that if we didn't vote for independence the streets would run with blood. Claimed that retaining the queen is only a ruse to persuade folks to vote yes, After Independence there would be another referendum to become a true republic. How appealing would that be? But why not tell us beforehand? Be honest, show us the vision, and let us decide on its merits.