Written Answers
Tuesday, 28th January 1997.
Saudi Arabia: Arrest Of British Citizens
asked Her Majesty's Government:How many British citizens have been arrested and detained in Saudi Arabia in each of the years 1990 to 1996 inclusive, and in 1997 so far, and in each year how many of those persons have complained to the British Consul about ill-treatment while they were in custody.
| Year | Arrested and detained | Complaints of ill-treatment |
| 1990 | 19 | 3 |
| 1991 | 17 | 2 |
| 1992 | 32 | 2 |
| 1993 | 12 | 0 |
| 1994 | 21 | 5 |
| 1995 | 21 | 3 |
| 1996 | 19 | 2 |
| 1997 | 0 | 0 |
Politico-Military Aspects Of Security: Code Of Conduct
asked Her Majesty's Government:Whether, in pursuance of the EU's declared belief that there is a need for Parliamentarians of the participating states to be better familiarised with the Code of Conduct on Politico-Military Aspects of Security, they will circulate copies of the code, together with the EU statement in Working Group 1 at the review meeting, to all Members of both Houses who deal with foreign affairs.
Copies of the Code of Conduct on Politico-Military Aspects of Security and the EU Statement of 15th November 1996 to Working Group 1 of the forum for Security Co-operation will be placed in the Libraries of both Houses.
asked Her Majesty's Government:Why the European Union failed to raise the question of Turkey's non-compliance with the Code of Conduct on Politico-Military Aspects of Security in Working Group 1 of the OSCE Review Conference in Vienna in November 1996.
The purpose of the OSCE Review Conference in Vienna was to review OSCE commitments, discuss the role and relevance of each provision and propose improvements. The EU highlighted several deficiencies in the implementation of the Code of Conduct on Politico-Military Aspects of Security. We hope that a proposed high-level conference on the Code of Conduct will examine in detail the implementation of the code by certain countries and recommend how the code might be better implemented.
asked Her Majesty's Government:Whether, at the proposed high-level conference to make an in-depth review and follow up of the implementation of the Code of Conduct on Politico-Military Aspects of Security in 1997, they will raise the possibility of an OSCE mission to south-east Turkey.
Our priority is to obtain agreement to the high level conference proposed by the EU. We hope it will consider how implementation of the Code of Conduct might be improved. It is too early to consider the details of the agenda. It is the responsibility of the OSCE Permanent Council, rather than the proposed high level conference, to take decisions on the establishment of OSCE missions.
asked Her Majesty's Government:Why, in the statement made by Ireland on behalf of the EU, the excessive use of violence in Chechnya and Croatia was deemed a serious breach of Article 36 of the Code of Conduct on Politico-Military Aspects of Security, thus prompting participating states to call on the states concerned to provide clarification and to limit their use of force, while a similar breach of Article 36 in south-east Turkey was overlooked.
The EU statement in Working Group 1 a of the OSCE Review Conference referred to two examples where the Code of Conduct on Politico-Military Aspects of Security was invoked in 1995 by participating states to draw attention to breaches in Croatia and Chechnya. In the case of Turkey the code has not been invoked by any participating state over the question of its military actions in south-east Turkey in 1995. However the EU did raise the case of Turkey in the Permanent Council of the OSCE in March 1995.
asked Her Majesty's Government:Whether, bearing in mind that 32 cases involving attacks by the Turkish armed forces on villages in the southeast have been declared admissible by the European Commission of Human Rights, that two have been referred to the Court, and that one (
Akduvar & Others v. Turkey, reference 21893/93) was the subject of a decision against Turkey on 16th September 1996, they will raise the failure of Turkey to prosecute any armed forces personnel vested with command authority, in line with Article 31 of the Code of Conduct on Politico-Military Aspects of Security.
Although we have no current plans to raise this, the EU statement of 15th November 1996 regretted the absence of any prosecutions under paragraph 31 of the Code of Conduct on Politico-Military Aspects of Security. It is for each individual state to decide whether to prosecute members of its armed forces under paragraph 31 of the code.
European Court Of Human Rights: Judicial Appointments
asked Her Majesty's Government:Further to the Written Answer given by Baroness Chalker of Wallasey on 14th January 1997 (
WA 20), whether they will publish the proposals put to other member states of the Council of Europe on improvements to the procedure for appointing judges to the New Protocol 11 Court when it comes into existence in 1998-99.
I refer the noble Lord to my Answer given on 17th April 1996 (Vol 517, col. WA 70).We have discussed our proposals with other member states of the Council of Europe. Negotiations are continuing in the Council of Ministers.
Treaty On European Union: Anti-Discrimination Safeguards
asked Her Majesty's Government:Further to the Written Answer given by Baroness Chalker of Wallasey on 16th January 1997 (
WA 33), whether they consider that the European Convention for the Protection of Human Rights and Fundamental Freedoms protects the citizens of the European Union against discrimination in employment and the provision of services on the grounds of race, sex, national or ethnic origin, disability, age, sexual orientation, religion or social origin, whether by the institutions of the European Union or by member states; and, if so, how this protection is provided.
Article 14 of the European Convention on Human Rights requires States Parties to secure the enjoyment of the rights and freedoms set forth in the convention without discrimination on certain grounds, including some of those referred to by the noble Lord. To the extent that employment and the provision of services are rights guaranteed by the convention, discrimination in the enjoyment of those rights on the grounds set out in Article 14 is prohibited.Effect is given to the provisions of the convention in member states by their domestic law. Individuals who complain of a breach of their rights by a member state may petition the European Commission of Human Rights. The Union is bound by Article F(2) of the Treaty on European Union to respect fundamental rights, as guaranteed by the convention. Accordingly, the institutions of the Union in their legislative and other acts must respect these rights. Further, it has been the consistent practice of the European Court of Justice for many years to apply the convention when issues of Community law raising human rights issues are brought before it.
European And International Anti-Discrimination Legislation: Comparison
asked Her Majesty's Government:Further to the Written Answer given by Baroness Chalker of Wallasey on 16th January 1997 (
WA 33), whether they consider that the guarantee of equality before the law and the equal protection of the law without discrimination based on race, sex, national or ethnic origin, disability, age, sexual orientation, religion or social origin, contained in Article 26 of the International Covenant on Civil and Political Rights is matched by the protection given by the European Convention for the Protection of Human Rights and Fundamental Freedoms; and, if not, what are the activities which are protected by Article 26 of the International Covenant but not protected by Article 14 of the European Convention.
Article 14 of the European Convention for the Protection of Human Rights and Fundamental Freedoms and Article 26 of the International Covenant on Civil and Political Rights speak for themselves. It is of course for the European Commission and Court of Human Rights to interpret the European Convention on Human Rights and for the Human Rights Committee to interpret the International Covenant on Civil and Political Rights. Further guidance on the meaning of the articles may be derived from the jurisprudence of these bodies.
Privatisations: Management Bids
asked Her Majesty's Government:What criteria have to be satisfied by management buy-ins and buy-outs in order to qualify to apply for government assistance.
It is for vendor departments to decide, case by case, whether to give financial support for the preparation of a buy-out or buy-in bid from existing management where this would add to the competition for the sale of the business concerned.
Guinness Plc: Inspectors' Report
asked Her Majesty's Government:Whether the inspectors, appointed in December 1986, to investigate the affairs of Guinness plc have completed their report and, if not, what are the reasons for the delay; and when do the inspectors expect to be in a position to complete their report.
The inspectors appointed to investigate and report on the affairs of Guinness plc have not yet completed their enquiries which were suspended during the Guinness criminal trials. Following the conclusion of the last of those trials the inspectors are working towards completion of their final report.
asked Her Majesty's Government:Whether, in the light of the recent judgment in the European Court of Human Rights in
Saunders v. the United Kingdom, they still intend to publish the report of the inspectors into the affairs of Guinness plc and, if so, what is the date when publication is expected.
Publication of the report of the inspectors appointed to investigate the affairs of Guinness plc and its take-over of Distillers plc will be considered by the President of the Board of Trade when the report is submitted.
Guinness Plc: European Court Judgment
asked Her Majesty's Government:Whether, in the light of the judgment of the European Court of Human Rights in
Saunders v. the United Kingdom, they intend to make any changes to the Companies Acts in relation to Department of Trade and Industry investigations to make sure that no further breaches of the Convention on Human Rights occur in connection with evidence obtained through these investigations.
The judgment of the European Court of Human Rights in the case of Saunders v. the United Kingdom is concerned with the admissibility of evidence obtained by the compulsory powers contained in Section 434 of the Companies Act 1985, rather than the scope of the powers themselves. The court's finding is being studied to see what implications there are for company regulation in the United Kingdom.
Immigration Appeals Tribunal
asked Her Majesty's Government:Whether they will explain (i) why all cases heard by the Immigration Appeals Tribunal are heard in London, (ii) when such tribunal will start hearing cases in Scotland and (iii) whether or not in the intervening period Her Majesty's Government intend to reimburse the legal representatives of appellants in respect of their travelling expenses to and from London to attend tribunal hearings in order to represent appellants then residing in Scotland.
The question concerns a matter which has been assigned to the Court Service under the terms of its framework document. I have therefore asked the Chief Executive to respond.
Letter to Lord McCluskey from the Chief Executive of the Court Service, Mr. Michael Huebner, dated 28th January 1997.
The Lord Chancellor has asked me to reply to your Question about the Immigration Appeal Tribunal.
The Immigration Appeal Tribunal has historically been based in London since the overwhelming majority of appeals to the tribunal emanate from the South East of England. However, while fewer than 1 per cent. of appellants live in Scotland, the tribunal will start hearing cases there on 20th February.
There is no provision in immigration appeal proceedings for the payment of legal representatives' expenses out of public funds. Appellants in Scotland who are unable to afford their own legal representatives can seek the assistance of the Immigration Advisory Service, which is provided free of charge.
Ballistic Missile Defence Systems
asked Her Majesty's Government:Whether press reports are correct that they have been persuaded of the possible effectiveness and "value for money" to the United Kingdom of participating in a programme of US automatically-controlled and automatically-triggered laser weapons that might in the next century be installed in Boeing 747s, as envisaged by the US Department of Defense and by retired MoD officials now in the employ of US firms; and, if so, what money costs are envisaged, payable by whom, and whether the political implications of these proposals have been examined other than by the Ministry of Defence.
Her Majesty's Government has not reached a decision on the possible effectiveness or value for money to the United Kingdom of any of the ballistic missile defence systems studied as part of the work which has helped to inform our wider ballistic missile defence policy considerations. A further, more detailed evaluation of all these systems would be needed if Defence Ministers were to decide that there was a national requirement for a ballistic missile defence capability.
Water And Sewerage Services: Competition
asked Her Majesty's Government:What action they propose to take to increase competition for water and sewerage services.
In answer to a Question from the honourable Member for Taunton on 1st April 1996, my right honourable friend the Secretary of State for the Environment set out a number of proposals for extending competition in water and sewerage services in England and Wales. These would:Introduce common carriage arrangements to allow companies to use an existing supplier's pipe network to provide individual customers with a choice of water supply.Introduce similar provisions for sewerage services.Extend the scope of inset arrangements (under which a new water or waste water undertaker can be appointed in respect of an area within an existing undertaker's area of appointment) to allow appointments to be for limited periods and in respect of co-located premises.Remove restrictions on cross border supply to enable water undertakers to supply water for non-domestic purposes to customers in another undertaker's area.Remove the water undertaker's monopoly on making connections to the water main.My right honourable friend also announced the issue of a consultation paper in which he and my right honourable friend the Secretary of State for Wales sought views on these proposals.
Responses to the consultation paper were received from the water industry, commercial and industrial users, representative bodies, professional institutions and from individual customers. They showed a broad measure of support for all our proposals and made a number of useful points about the way in which they could be put into operation. In the light of the positive response, it is our intention to proceed with these proposals with a view to bringing forward legislation in the next Parliament.
In developing this legislation we shall seek to provide a basis for competition both in waste water and clean water services, and to ensure that water quality continues to be safeguarded and that the charging regime continues to be fair and non-discriminatory. We also intend to go further than our original proposals by following up suggestions made during consultation for extending the scope of common carriage and inset appointments to smaller users. We will look again to see whether a lower limit, perhaps in the 100 to 200 megalitre range, would be practicable and appropriate.
Meanwhile we would urge users to take full advantage of those provisions for competition which already exist, in particular those which allow large users to seek water supplies from other sources and which allow flexibility in the provision of sewerage services.