Written Ministerial Statements
Tuesday 18 November 2003
Home Department
Anti-Terrorism, Crime And Security Act (Detentions)
Sixteen foreign nationals have so far been detained using powers in Part IV of the Anti-terrorism, Crime and Security Act 2001. Eight were detained in December 2001, one in February 2002, two in April 2002, one in October 2002, one in November 2002, two in January 2002 and one in October 2003. One further individual has been certified under Part IV of the ATCS Act in August 2003 but is detained under other powers.Of the total detained, two have voluntarily left the United Kingdom. The other fourteen remain in detention.My decisions to detain these individuals were made on the basis of detailed and compelling evidence. That evidence is being examined by the Special Immigration Appeals Commission as 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.
Deputy Prime Minister
Housing Revenue Account Subsidy (2004–2005)
The Office of the Deputy Prime Minister consulted local authorities and others over the summer on proposals to introduce a new and fairer way of allocating management and maintenance (M&M) allowances within Housing Revenue Account (HRA) subsidy. The new approach was designed to take better account of the challenges now facing local authorities, including low demand and tackling anti-social behaviour. We also consulted on proposals about the treatment of debt charges within the HRA subsidy system in light of the new prudential borrowing regime. There was general support for our objectives, and we are today issuing final proposals for 2004–05 for consultation. These take account of a number of changes made in response to suggestions made to us by local government.
The proposed M&M allocations see significant increases for many authorities, with national increases in both management and maintenance allowances of 6 per cent. in real terms. This, and associated technical changes to the allowances to take account of rent restructuring, will provide local government with an extra £133 per dwelling compared with 2003–04.
To protect those authorities that would otherwise see a reduction in M&M allowances, the Office of the Deputy Prime Minister is proposing generous transitional protection so that all authorities receive at least an inflation level increase per dwelling for both 2004–05 and 2005–06. We intend that transitional protection should continue beyond that period, subject to the outcome of the next Spending Review.
We are also proposing that the Major Repairs Allowance should increase in line with inflation next year, and that local authorities should move their rents gradually towards their restructured rents, with average increases nationally of 1.5 per cent. in real terms.
From 2004–05, rent rebates will no longer be accounted for in the Housing Revenue Account and will no longer be subsidised through the HRA subsidy system. Instead, my right hon. Friend the Secretary of State for Work and Pensions will allocate subsidy for rent rebates alongside his responsibilities in respect of subsidy for rent allowances and council tax benefit. Rent rebate subsidy limitation will continue to operate. There will be transitional arrangements to prevent this move from the HRA to the General Fund affecting council tax payers in 2004–05.
On the capital side, the redistributive mechanism of set-aside is being replaced by pooling. Housing capital receipts will be pooled in the year they arise. Following consultation on the new subsidy arrangements, therefore, reserved receipts that have arisen in 2002–03 and 2003–04 (except those arising from large scale and small scale voluntary transfers) will not now be taken into account in the calculation of HRA subsidy entitlement.
The requirement to set aside funds from revenue for debt repayment has been abolished in the HRA, along with the corresponding subsidy element. In some cases, this will have a negative effect on authorities' finances. We are therefore proposing a new allowance, which will compensate authorities over the next three with a reducing proportion of any loss.
Copies of the draft HRA subsidy and Item 8 determinations for 2004–05, as well as the draft general determination of administration of HRA subsidy 2003 and supporting material, are being placed in the Libraries of the House, and will be available on the Office of the Deputy Prime Minister's web site www.odpm.gov.uk/ housing/consult/. These allocations are based on the most up-to-date information available to us from authorities, and may change as that information is refined. Authorities have until 16 December to comment on the draft determinations.
Foreign And Commonwealth Affairs
Man-Portable Air Defence Systems
Man-Portable Air Defence Systems (MANPADS) are surface to air missiles, usually shoulder-launched and fired by an individual or more than one individual, acting as a crew. The Government are committed to preventing them from falling into the wrong hands. They are designed for military air defence use, but, in the hands of terrorists, they have been, and could again be, used against civil aviation. The House will recall that in November 2002 in Mombasa terrorists only narrowly missed downing a commercial aircraft using such a weapon.The international community is responding to this threat by a range of actions including strengthening export controls on MANPADS. The Prime Minister and other G8 Leaders, meeting at Evian in June 2003, expressed their deep concern about the threat posed to civil aviation by MANPADS, especially in the hands of terrorists or countries that harbour them. The G8 meeting agreed an Action Plan to Enhance Transport Security and Control of MANPADS. The Action Plan contains five measures, including an agreement to: "ban the transfer of MANPADS to non-state end users, MANPADS should only be exported to foreign governments or to agents authorised by a Government"The Government assess export licence applications on a case-by-case basis against the Consolidated EU and National Arms Export Licensing Criteria. This involves considering amongst other factors, the risk of diversion or re-export under undesirable conditions. including to terrorists. The Consolidated Criteria also provide that the Government will not issue an export licence if approval would be inconsistent with the UK's international commitments regarding the application of strategic export controls.Taking the criterion of UK adherence to international commitments into account, the Government will therefore consider any licence applications for the export of MANPADS to any non-government body in the light of the G8 Action Plan commitment mentioned above. This is consistent with our current export control practice.In the case of any licence application for the export of MANPADS to Governments or to any agents authorised by governments, the Government's assessment under the Consolidated Criteria will also be informed by consideration of the proposed export
against the
"Elements for Export Controls of Man-Portable Air Defence Systems (MANPADS)" agreed in the Wassenaar Arrangement on Conventional Arms and Dual-Use Goods and Technologies. These provide that exports of MANPADS may only take place if a range of strict conditions to prevent diversion or leakage of these weapons to unauthorised end-users are met. This document is available at http:// www.wassenaar.org/. The Government are playing an active role in discussions to update and strengthen the Wassenaar document.
The Action Plan also commits G8 countries to "ensure strong national regulation of production, transfer and brokering" (of MANPADS). The Government's secondary legislation under the Export Control Act 2002, laid before Parliament on 31 October 2003, implements this commitment. This legislation introduces controls on the brokering of all equipment on the UK's military list, including MANPADS, where any part of the transaction is carried out in the United Kingdom. It represents a very significant step in preventing the involvement of UK persons in undesirable arms transfers. To counter the terrorist threat from MANPADS the Government will decide over the next few months whether anything further needs to be done to control brokering of these weapons.
Culture, Media And Sport
Export Of Objects Of Cultural Interest (Control) Order 2003
I have today laid The Export of Objects of Cultural Interest (Control) Order 2003 (SI 2003/2759) made under the auspices of the Export Control Act 2002 before Parliament. In addition to this the Statutory Guidance required under the same Act about the general principles to be followed when exercising licensing powers on objects of cultural interest was also laid.
Defence
Ministry Of Defence Police
In light of the recommendations made by the House of Commons Defence Committee as a result of the introduction of the Anti-Terrorism, Crime and Security Act 2001, I am pleased to place in the Library of the House on behalf of the Ministry of Defence Police their Operational Report for the year 2002–03.