HBFI is a “public body” for the purposes of the Human Rights and Equality Assessment and the Irish Human Rights and Equality Commission Act 2014 (IHREC Act). Therefore, in the performance of its functions, HBFI must have regard to the need to:
- eliminate discrimination,
- promote equality of opportunity and treatment of its staff and the persons to whom it provides services, and
- protect the human rights of its members, staff and the persons to whom it provides services.
The IHREC recommends that a public body’s equality and human rights duty can be fulfilled by:
- setting out an assessment of human rights and equality issues relevant to HBFI’s functions and purposes in its strategic plan in a publicly accessible manner, along with polices, plans and actions to address such issues; and
- reporting on developments and achievements regarding human rights and equality in its publicly accessible annual report.
However, the obligation on a public body to have regard to human rights and equality is measured against the body’s functions, purposes, size, and the resources that are available to it. Accordingly, HBFI’s assessment was calibrated in this context and its responsibilities under the Act were considered with regard to the following relevant factors:
- HBFI provides services and performs functions in respect of bodies corporate and it does not provide services to natural persons; and
- HBFI does not directly employ any staff – HBFI staff are employed by the National Treasury Management Agency (NTMA) and assigned to HBFI by the NTMA.
Human rights and equality issues relevant to staff assigned to HBFI
The NTMA provides certain business and support services and systems to HBFI. Human Resources are one such service provided as HBFI does not directly employ any staff. Rather, HBFI staff are employed by the NTMA and assigned to HBFI by the NTMA. Accordingly, HBFI will defer to relevant NTMA policies in relation to any plans or actions that affect staff assigned to HBFI.
The NTMA Corporate Strategy, which is reviewed and updated on an annual basis, contains targets and deliverables to reflect progress on key projects and initiatives, in the areas of equity, diversity and inclusion.
As part of its compliance with the requirements of the Public Sector Equality and Human Rights Duty, the NTMA has several policies in place to support employees including:
- a Dignity and Respect policy,
- a Workplace Equality policy, and
- a Gender Identity and Expression policy.
NTMA reports annually on equality measures in its Annual Report, Gender Pay Gap report and to the National Disability Authority.
HBFI Service Providers
HBFI as a contracting authority is subject to EU Directive 2014/24/EU as implemented in Ireland by the European Union (Award of Public Authority Contracts) Regulations 2016 (the “Regulations”), in respect of the procurement of goods, works and services above certain EU value thresholds (“EU Thresholds”). The principles underpinning the Regulations are:
- equal treatment,
- non-discrimination,
- mutual recognition,
- proportionality, and
- transparency.
Where the Regulations do not apply – either because the value of the procurement is below the EU Thresholds or falls outside of the Regulations – HBFI adopts a process designed to obtain the best value for money that can be achieved.
HBFI is committed to incorporating environmental and social considerations into its procurement practices where appropriate.
Following the selection of a preferred service provider, a letter of engagement or contract is agreed between HBFI and the service provider. This governs all relevant engagement between parties in respect of the provision of the service to HBFI.
Customer Charter & Appeals Procedure
HBFI has a customer charter which outlines HBFI’s commitment to customer service and describes the standards of service that you can expect to receive from HBFI. Further details on the Customer Charter.
HBFI has an appeals procedure where it is open to an unsuccessful applicant to request a review of the process undertaken in arriving at that decision. It does not cover the actual credit decision, rather the process followed in reaching that decision. Further details on the Appeals Procedure.
Other – Oireachtas members and Media
Similar to its interactions with members of the public, HBFI may receive queries from Oireachtas members (or their representatives), reporters, or other interested parties.
In responding to such queries, HBFI ensures that it acts as transparently as possible, within the parameters of its legal obligations.
As above, HBFI’s interaction with these parties is often based on responding to queries originating from them. HBFI does not discriminate with regard to the receipt of or response to these queries and all queries are dealt with promptly and professionally. HBFI is therefore satisfied that the human rights of these parties are protected.
Assessment
As a public body, HBFI has regard to the need to eliminate discrimination, promote equality of opportunity and protect human rights of staff and service users, as set out in Section 42 of the Irish Human Rights and Equality Commission Act 2014.
HBFI provides services and performs functions in respect of bodies corporate and it does not provide services to natural persons. As the NTMA is the body which assigns staff to HBFI, public sector duty obligations relating to HBFI staff will therefore be assessed and addressed by the NTMA.
Where HBFI deals with individuals as members of the public, Oireachtas or media, HBFI is professional and ensures that it acts as transparently as possible, within the parameters of its legal obligations.
HBFI has policies and procedures, or mutually agreed contacts or legal agreements, for dealing with its customers and service providers, and the NTMA has policies for matters relating to HBFI staff.
We are satisfied that these policies and agreements are sufficient for ensuring compliance with HBFI’s responsibilities under the IHREC Act.
Further information is available on the NTMA website here.