Written Ministerial Statements
Tuesday 26 November 2002
Foreign Office
Organised Crime
A successful ministerial Conference on Organised Crime in south eastern Europe, hosted by the Home Secretary and the Foreign Secretary, was held on 25 November in Lancaster House.Fifty-seven delegations including all EU member states and the European Commission attended, as well as the five countries of the EU's Stabilisation and Association Process (SAP) and other countries from south eastern Europe and beyond.The conference noted that the serious impact of organised crime in the region is felt far beyond its borders—including the EU. The conference agreed a wide range of actions to tackle the problem effectively. The focus was on meeting European standards, building wide public support for the necessary measures, and improving regional co-operation.Each of the countries of the region additionally announced a number of areas of priority action in the fight against organised crime. These actions are both specific and measurable.The UK, in full co-operation with EU, International and regional partners will now work to ensure the implementation of these actions. The incoming Greek EU Presidency set out a series of specific actions against crime to be carried out in the first half of 2003. The Greek Presidency has called a summit meeting next June to review progress.The conference was an important step forward in the effort to defeat organised crime in south eastern Europe.
Home Department
Terrorism Act
I am pleased to say that Lord Carlile of Berriew QC has completed the report on the operation of the Act, which will be laid before the House today.
Immigration Rules
:The domestic violence concession was introduced on 16 June 1999 in an effort to help foreign spouses or unmarried partners who wish to leave their partner because of domestic violence before completion of the probationary period. It was introduced subject to review after a two-year period.
Under the terms of the concession a person would be allowed to settle in the UK, provided they meet certain criteria, even though they are no longer living with their sponsor. The criteria require that the domestic violence must have occurred while the marriage or relationship was subsisting and the applicant should provide evidence of the violence in the form of:
an injunction, non-molestation order or other protection order made against the sponsor (other than an ex-parte or interim order);
a relevant court conviction against the sponsor;
full details of a relevant police caution issued against the sponsor.
As a result of our review and representations received, the Government have decided that the types of evidence acceptable to meet the terms of the concession should be widened. If evidence in some form of court order or police caution is not available, we will accept more than one form of evidence from the following list:
a medical report from a hospital doctor confirming that the applicant has injuries consistent with being the victim of domestic violence;
a letter from a family practitioner who has examined the applicant and is satisfied that the applicant has injuries consistent with being the victim of domestic violence;
an undertaking given to a court that the perpetrator of the violence will not approach the applicant who is the victim of the violence;
a police report confirming attendance at the home of the applicant as a result of a domestic violence incident;
a letter from a social services department confirming its involvement in connection with domestic violence;
a letter of support or report from a women's refuge.
The domestic violence concession will be incorporated into the Immigration Rules to be laid today. This will ensure that domestic violence cases attract a right of appeal and that the facts of the case leading to the decision can be considered by the Appellate Authorities.
Au Pair Scheme
The au pair scheme is an arrangement under which nationals of listed countries aged between 17 and 27, unmarried, and without dependants, may come to the UK for a maximum of two years to learn the English language and live with an English-speaking family. During their stay they may help with domestic tasks for a maximum of 25 hours a week in return for accommodation and pocket money.The list, which is given in the Immigration Rules, currently includes 16 countries, including six of the 12 EU candidate countries. We have decided to extend the list to include those EU candidate countries which are not presently covered. These are Republic of Bulgaria, Republic of Estonia, Republic of Latvia, Republic of Lithuania, Republic of Poland and Romania. It is planned to lay the necessary amendments to the Immigration Rules today, coming into force on 18 December.
From that date, young people who are nationals of these additional six countries will have the opportunity to spend some time in the UK to learn English and to gain an insight into our culture and way of life.
Visas
The Government are firmly committed to ensuring that visa regimes only apply to those nationalities where there is a clear immigration need.Having reviewed the regimes on nationals from Maldives, Mauritius and Papua New Guinea it has been decided that these visa regimes are no longer necessary. We have therefore made a change to the Immigration Rules today lifting the requirements for nationals of these three countries to hold a visa before they visit the UK. This change will take effect on 18 December.
Cabinet Office
Coi Communications
:I have set COI Communications the following key performance targets for the financial year 2002–2003.
Financial:
To achieve break even on an accruals basis
Efficiency:
To demonstrate continued improvement in efficiency and effectiveness on behalf of their clients
Quality:
To pilot an enhanced customer feedback system.
Treasury
Aviation Insurance
:The Government's Troika aviation insurance scheme ceased to write new policies from midnight on 31 October 2002, thus bringing to a close Government involvement in the provision of aviation insurance, which had been prompted by the collapse in the commercial market for third party war and terrorist cover following the terrible events of September 11th 2001.It was always the Government's stated aim to withdraw from the provision of insurance in this sector once there was a return of a functioning commercial market.The ending of the scheme was in line with the decision taken by the European Commission to end automatic state aid approval for state backed aviation insurance schemes, from 31 October; a decision which recognised the return of the commercial market in this sector.All UK air carriers and aviation service providers were able to purchase replacement cover from the commercial market prior to the expiry of the Government scheme.
Department For Education & Skills
Tameside College
:The Department for Education and Skills, in co-operation with the Learning and Skills Council, has conducted an investigation into allegations that the Principal and Corporation of Tameside College did wilfully and against legal advice conduct its business in a manner not in accordance with its Instrument and Articles of Government.The investigation has reported that those allegations are confirmed. In particular that:
insufficient written notice was given of a meeting to discuss the removal of the Clerk to the Corporation and, subsequently, the motion of no confidence in the then Chair of the Corporation;
the appropriate 'Special Committee' process was not carried out in removing the Clerk to the Corporation;
contrary to rules of governance, the Principal remained at, and actively participated in, the meeting removing the Clerk to the Corporation; and
again contrary to rules of governance, the Staff Member of the Corporation was excluded from participation in the motion of no confidence in the then Chair of the Corporation.
As a consequence, I have written to the Chair of the Corporation strongly censuring the Corporation's activities in breach of corporate governance and requiring the Corporation to conduct its future business in strict accordance with its Instrument and Articles of Government. I have also written to the Learning and Skills Council asking it to appoint an additional Member to the Corporation to ensure that it does so. I will review this arrangement after one year.
Home Department
Anti-Terrorism, Crime And Security Act
Thirteen foreign nationals have so far been detained using powers in Part IV of the Anti-terrorism Crime and Security (ATCS) Act 2001. Eight were detained in December 2001, one in February 2002, two in April 2002, one in October 2002 and a further one on Saturday 23 November.Of the total detained, two have voluntarily left the United Kingdom. The other 11 remain in detention.The persons detained have been detained under a primarily immigration power. They are not being held pending criminal charges.All of those detained have had access to legal advice throughout the detention period. There is no limit to the number of legal visits the detainees may receive.My decisions to detain these individuals were made on the basis of detailed and compelling evidence. That evidence will be examined by the Special Immigration Appeals Commission when the individuals' appeals are heard, as provided for under the ATCS Act. The Commission is equivalent to the High Court. It has the power to overturn my decisions.
Where terrorism is concerned our paramount responsibility is to ensure public safety and national security. So long as the public emergency subsists, where a person is suspected of terrorism but cannot currently be removed and for whom a criminal prosecution is not an option, we believe that it is necessary and proportionate to provide for extended detention, pending removal.
Foreign And Commonwealth Office
Ballistic Missiles
:The United Kingdom subscribed to the International Code of Conduct (ICOC) against Ballistic Missiles at its launch in The Hague on 25 November. I represented HMG at the launch.The ICOC is a politically binding agreement designed to tackle the proliferation of ballistic missiles capable of delivering weapons of mass destruction. It does so by promoting transparency and confidence building among States. It consists of principles, commitments and confidence-building measures. It will establish international norms for the first time in the area of ballistic missiles. The Code will complement the existing range of international instruments against WMD.The non-proliferation commitments in the Code include a commitment not to contribute to, support or assist any ballistic missile programme in countries which might be developing or acquiring weapons of mass destruction in contravention of international obligations. Also to exercise vigilance in assistance to Space Launch Vehicle programmes, given that these can be used to conceal ballistic missile programmes. The Code also calls for maximum possible restraint in the development, testing and deployment of ballistic missiles capable of delivering weapons of mass destruction.The confidence-building and transparency measures are designed to promote confidence through information sharing, in the form of both pre-launch notifications and annual declarations about ballistic missile and space launch programmes. The aim is to boost confidence for instance that space launch vehicle programmes are not being used as cover for ballistic missile programmes.The Code represents a significant step forward for the international community in the area of arms control—in this case the control of one of the delivery systems of choice for weapons of mass destruction. The UK has played a leading role in the development of the ICOC since its inception. We are calling on all States to subscribe to the Code.
Treasury
Customs And Excise
As the Minister responsible for HM Customs and Excise, I can confirm that in the light of the circumstances that yesterday led to the prosecution offering no further evidence in a series of linked prosecutions relating to London City Bond which were being heard at Liverpool Crown Court, the Attorney-General (as Minister responsible for Customs and Excise prosecutions) and I will be asking a High Court judge to consider:
The circumstances that led to the termination of those cases and, having regard to changes in relevant procedures and guidelines and to changes in practice within HM Customs and Excise that have taken effect since 1995,
To review the practices of HM Customs and Excise in the recording, retention, revelation and disclosure of material which may be relevant to the prosecution of its criminal cases; and in respect of HM Customs and Excise criminal investigations
The full terms of reference for the review are attached and a copy of the statement made by prosecuting counsel in court will be placed in the Libraries of both Houses.REVIEW OF CURRENT PRACTICES AND PROCEDURES RELATING TO DISCLOSURE, ASSOCIATED INVESTIGATION TECHNIQUES AND CASE MANAGEMENT IN HM CUSTOMS AND EXCISE'S CRIMINAL CASESTo review current compliance with best practice in the use of investigation techniques and the management and control of cases to the extent these are relevant to the discharge of the prosecution's obligations in any subsequent criminal proceedings.
Terms of Reference
To consider the circumstances that led to the termination of the LCB cases heard by Grigson J in Liverpool Crown Court and the lessons to be learnt from those circumstances.
And, having regard to changes in the law or practice as indicated below, changes in relevant procedures and guidelines and to changes in practice within HM Customs and Excise that have taken effect since 1995:
To review the practices of HM Customs and Excise in the recording, retention, revelation and disclosure of material which may be relevant to the prosecution of its criminal cases.
In respect of HM Customs and Excise criminal investigations, to review current compliance with best practice in the use of investigation techniques (e.g. the classification and handling of individuals providing information) and the management and control of cases to the extent these are relevant to the discharge of the prosecution's obligations in any subsequent criminal proceedings.
To make recommendations.
The review will be conducted by a High Court Judge
Scope of the review
The review:
Will have regard to the relevant statutory framework (such as the Criminal Procedure and Investigations Act 1996 and the Regulation of Investigatory Powers Act 2000), the Attorney General's Guidelines on disclosure, relevant legal precedent and best practice.
Will focus on current departmental provisions and practice while having regard to the conduct of past cases and lessons to be learnt from them insofar as not already incorporated in current practice; and
Will examine the parts that should be played by officers, solicitors and counsel in the preparation for and the presentation of cases for court and in the disclosure process.
The Review will report to the Economic Secretary to the Treasury, as the Minister responsible for HM Customs and Excise and to the Attorney-General.
The Review will have unrestricted access to HM Customs and Excise staff, papers and facilities. It is being asked to report not later than June 2003. A summary of the Report and its recommendations will be laid before Parliament.
Office Of The Deputy Prime Minister
Local Government
I am announcing today a significant devolution of power to local government. This includes the steps that the Government intend to take to follow up the results of the Comprehensive Performance Assessments (CPA) of county and unitary authorities which the Audit Commission is due to publish in December. This will mark a significant milestone in completing the proposals in the Local Government White Paper, "Strong Local Leadership—Quality Public Services". I have placed copies of our proposals in the House Libraries.Our aim is progressive improvement in authorities' performance as measured by the CPA. Our package means that there will be greater freedom for local councils to allow them to meet the needs of their communities, support where it is needed and effective action to tackle failure. The nature of the action will vary between the different CPA categories.
Overall there will be greater devolution of power to local government from central Government control. It means greater freedom for councillors and those on the front line to take decisions locally to shape and improve services and respond to local needs.
All councils will have greater control over how they spend their money with a reduction in the level of ring-fencing in Government revenue grants and an increase in the funding for capital going through the single capital pot. We will also reduce current requirements to produce separate plans by over 75 per cent.
For the best councils there will be a set of more radical changes. These will include even greater flexibility to decide how to spend money received from central government (other than money which has to be passed to schools); no requirement to produce plans for central government; and a three-year holiday from most inspection activity.
The announcement also sets out further details about how we shall work with local government on a package of support for councils, with central Government matching pound for pound the additional funding agreed with the LGA for capacity building.
For the weakest authorities we are confirming the principles for tackling poor performance on which we consulted earlier in the year. The Government will engage directly with all such authorities from an early stage.