Written Answers
Lord Chancellor's Department: Public Trustee Administration
asked Her Majesty's Government:Whether decisions have now been reached on the recommendations of the Cabinet Office Efficiency Unit scrutiny of investment activity in the Lord Chancellor's Department; and what other changes are proposed in the department's administration of privately-owned assets.
Following consultation, the majority of the recommendations have been accepted. The most significant, which I intend to bring into effect by April 1986, are the contracting-out, on a competitive basis, of the management of the Common Investment Fund (CIF) unit trusts, which the Public Trustee currently runs for the courts; and the adoption of a "last resort" policy for acceptance of new trusts by the Public Trustee (This will not alter the position of existing trusts, or of any estates in which the Public Trustee may be appointed executor in the immediate future). My department will be seeking professional advice on the contracting-out process.As regards other changes, in May 1982 I announced (
Official Report, vol. 430; col. 870–1) that a review of the work and the functions of the Public Trustee had concluded that it would eventually be difficult to justify the continued separate existence of the Public Trustee Office. After examining the work of other areas within the department, I now plan over the next three years to bring together into a single office the administrative work involved in the management of privately-owned assets, to be known as the Public Trust Office. This new office will incorporate the present Public Trustee office and the Court Funds office, and will also handle the administrative (as opposed to judicial) work of the Court of Protection and some of the trust work currently undertaken by the Official Solicitor. The Official Solicitor who will retain his other duties, and the Court of Protection, which will then comprise the judicial officers only, will both remain outside the new structure. The necessary
organisational changes will be introduced gradually in order to avoid disruption in the management of existing cases.
The object of these measures will be to avoid unnecessary competition with the private sector; to enhance efficiency and secure the best possible value for money; and to provide a better service for the owners of the assets under administration.
Kilbrandon Inquiry Recommendations: Government Policy
asked Her Majesty's Government:Whether they have reached conclusions on the recommendations contained in paragraphs 10.12 and 10.20 of the report of the independent inquiry on Northern Ireland, chaired by Lord Kilbrandon, concerning independent investigation of deaths by shooting, coroners inquests, a new offence of the reckless use of force, and a possible option for jury trial.
The Government published on 11th April this year a consultation document on Police Complaints and Discipline which would provide for the independent supervision of investigations into certain types of incident involving the police. They welcome views on the document's proposals. The Government have no plans at present to change the law in the other ways suggested by Lord Kilbrandon's independent inquiry.
Portuguese Workers: Access To Ec Labour Market
asked Her Majesty's Government:What the arrangements will be for the implementation of the freedom of movement provisions under EC law for Portuguese Nationals, when Portugal joins the EC, and from what date they will take effect.
Under the transitional arrangements agreed between the Community and Portugal, there will be a seven-year derogation suspending the right of Portuguese workers to enter a member state freely to look for work and the right of non-discriminatory access by Portuguese workers to the European Community labour market. The arrangements will continue to 1st January 1993. There is provision for a review five years after accession.
Sri Lankan Tamil Immigrants: Government Policy
asked Her Majesty's Government:What is their policy towards the return of Sri Lankan Tamils from the United Kingdom to Sri Lanka.
Since the outbreak of widespread communal violence in Sri Lanka in July 1983 we have kept the situation there under close review in considering applications for leave to enter or remain in this country from Sri Lankan Tamils who have expressed a fear of return to Sri Lanka. Since April 1984 no Sri Lankan Tamil who has expressed such a fear has been removed or deported to Sri Lanka against his will. As a result there are now some 900 Sri Lankan Tamils in this country who do not qualify to remain here but whose departure has not been enforced.While the situation in Sri Lanka continues to cause concern, there is no reason to believe that Tamils returning to Sri Lanka face persecution, and few Sri Lankan Tamils are likely to qualify for refugee status in this country. A large proportion of the Tamil community in Sri Lanka has been relatively unaffected by inter-communal violence, and we do not consider that the situation is such as to justify a general policy of granting leave to enter or remain on an exceptional basis to all Tamils who express a fear to return there.
My right honourable friend the Home Secretary has therefore decided that any case in which a Sri Lankan Tamil fails to qualify for leave to enter or remain under the immigration rules but expresses a fear of returning to Sri Lanka should be considered on its merits, in the light of all the circumstances of the case. Such a person will be granted leave to remain on an exceptional basis (for 12 months in the first instance) only if there is reason to believe that he would suffer severe hardship if he returned to Sri Lanka. This policy will be applied immediately to new and recent arrivals.
Those Sri Lankan Tamils who have been here for more than a month without leave to enter or remain, but whose departure has not been enforced will be granted leave to remain exceptionally for six months. Their cases will then be reviewed on the basis outlined above. Normal appeal rights will apply.
The Government will continue to urge on all concerned the need for a political settlement of the difficulties between the communities in Sri Lanka.