Human rights due diligence checks: FOI release

Information requested

Please give me a list of human rights due diligence checks your organisation has conducted since the publication of the Scottish Government document, Guidance on due diligence: human rights, detailing in each case whether or not you proceeded with an investment relationship or business agreement following the undertaking of these checks. Please also detail any instances of non-compliance with the guidance that have been reported. If unable to provide such a list, please confirm for me whether your organisation was previously aware of or has ever given consideration to this guidance, including whether you are aware of having been notified of it by a representative of the Scottish Government or other public body.

Please also tell me how many investment relationships or agreements your organisation has engaged in since June 2018. This request relates to the types of relationship outlined in the aforementioned guidance as meriting a due diligence check: “any activity which could lead to an investment relationship or agreement with a third party” (source: Guidance on due diligence: human rights - gov.scot (www.gov.scot)).

If this request is too wide or unclear, please let me know. If you are unable to complete the second part of this request, relating to investment relationships engaged in since June 2018, I would be grateful if you could still work to answer the first part.

Response

Education Scotland (ES) undertake due diligence checks when required. ES use the Scottish Government Sustainability Test tool to help us comply with policy and legislation. Due diligence is undertaken when the tool indicates it is required. No human rights due diligence checks have been undertaken.

A high percentage of ES procurement spend is spent via Scottish Government framework contracts, e.g. FY 21-22 = 68.5%. The Scottish Government Procurement team place these contracts and undertake any due diligence as part of Regulated and Higher Value Regulated procurements.

The ES Procurement Team undertake bespoke Regulated and Higher Value Regulated procurements applying relevant legislation. These processes always include the Single Procurement Document which allows for assessment of the business probity of bidders including the exclusion criteria 'Grounds relating to criminal convictions' which covers, 'child labour and other forms of trafficking in human beings; any offence under Part 1 of the Human Trafficking and Exploitation (Scotland) Act 2015 or under any provision referred to in the Schedule to that Act'. Due diligence checks are considered and undertaken based on the nature and sensitivity of each ES Regulated and Higher Value Regulated contract placed.

The majority of grants issued by ES are to local authorities with a small number to charities and other public bodies. Of the small number of grants out with these categories, due diligence checks are considered and undertaken based on the level of understanding about the business of the potential grantee. A list of due diligence checks is not maintained.

We have provided in the attached Annex a list of bespoke ES Regulated and Higher Value Regulated contacts along with a list of grants with a value of £50,000 and over, awarded during the period.

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FOI 202200313966 - Information released

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