Written Answers
Monday, 20th January 1997.
Un Centre For Human Rights: Report
asked Her Majesty's Government:Why the report on the financial procedures of the United Nations Centre for Human Rights, commissioned from Price Waterhouse, is not available for public scrutiny; whether any changes have been adopted as a result of recommendations by the consultants and, if so, what; and whether they will give a summary of the main items of expenditure of the centre in the current financial year, together with the budgets for these items in the year 1997–98.
Price Waterhouse has been assisting the United Nations High Commissioner for Human Rights since 1995 in the restructuring of the centre, providing internal advice on staffing, budgeting and other administrative issues. The High Commissioner reported on progress in his memorandum of 10th September 1996, a copy of which has been placed in the Library of the House, together with the centre's estimated (not final) budget for the biennium 1996–97 (UN document A/50/6/Rev 1). The budget for 1998–99 is still in preparation.
Turkey: Human Rights Abuses
asked Her Majesty's Government:What is their latest information from Turkey concerning deaths in police custody, disappearances of civilians, the use of torture and other abuses of human rights during November 1996.
According to initial, unsubstantiated statistics released by Turkish human rights organisations, there were 208 "disappearances" (Human Rights Foundation) in 1996 and 70 apparently politically-motivated unsolved killings (Human Rights Association). The Committee for the Prevention of Torture said on 6th December that it had found clear evidence of the practice of torture by the Turkish police in 1996. We have no more precise information relating specifically to the month of November 1996.
Turkey: Death Of Mr Metin Goktepe
asked Her Majesty's Government:Whether they will be represented at the judicial investigation to be held on 6th February 1997 into the death on 8th January 1996 in Istanbul of the journalist Mr. Metin Goktepe, in which 48 policemen are alleged to have been involved.
The judicial investigation into Metin Goktepe's death is being held in Afyon, apparently for security reasons. We hope it will be possible for a British Embassy official to attend. We will continue to monitor this case closely.
Turkey: Demonstrations
asked Her Majesty's Government:Whether they have noted the strength of the demonstrations in Ankara on 14th December 1996 and 5th January 1997 demanding justice, democracy and freedom for Turkey, and what effect this has had on their policy towards that country.
We are aware that a total of over 110,000 people attended the Confederation of Public Workers Unions demonstration on 14th December and the pro-democracy rally on 5th January. The demonstrators described their main grievances as state corruption, low income levels and human rights abuses. We will continue to raise our concerns about a range of human rights issues with the Turkish authorities.
Foreign And Defence Policy Negotiations: Co-Ordination
asked Her Majesty's Government:Whether the same ministerial teams negotiate EU enlargement, NATO enlargement, and OSCE developments in London and in Brussels, Lisbon and elsewhere, and, if not, how co-ordination between them is ensured.
My right honourable and learned friend the Foreign Secretary is responsible for policy on EU enlargement and OSCE negotiations. For policy on NATO enlargement, responsibility is shared between the Secretaries of State for Defence and Foreign and Commonwealth Affairs. Naturally, the Ministers always co-ordinate their positions thoroughly with each other and with other government Ministers, throughout negotiations on these issues.
Right Of Individual Petition: Official Records
asked Her Majesty's Government:Whether they will publish, under the 30-year rule, official records relating to the Government's decision of December 1955 to accept the right of individual petition under Article 25 of the European Convention on Human Rights and Fundamental Freedoms allowing individuals to complain to the European Commission of Human Rights of alleged breaches of the Convention by the United Kingdom.
Our records are available to the public at the Public Record Office, file reference FO 371/117564–5.
Anti-Discrimination Legislation
asked Her Majesty's Government:Further to the Written Answer given by Baroness Chalker of Wallasey on 12th December 1996 (
WA 97), whether they consider that the prohibition by law of discrimination on the grounds of race, sex, national or ethnic origin, disability, age, sexual orientation, religion or social origin, is required by the International Covenant on Civil and Political Rights by Contracting States to the Covenant; and, if not, why not.
Where not already provided for by existing legislative or other measures, each State Party to the Covenant undertakes to take the necessary steps, in accordance with its constitutional processes and with the provisions of the Covenant, to adopt such legislative or other measures as may be necessary to give effect to the rights recognised in the Covenant. This includes the obligations under Article 26 of the Covenant to which the noble Lord may be alluding. The Government consider that the obligations of the United Kingdom in this respect are fulfilled by the existing common law and statute law.
asked Her Majesty's Government:Further to the Written Answer given by Baroness Chalker of Wallasey on 12th December 1996 (
WA 97), whether they consider that the prohibition of discrimination based on nationality should be removed from the Treaty of Rome; and, if not, what are their reasons for considering that discrimination based on nationality should be dealt with at European level, whereas racial discrimination should be dealt with at local level.
Article 6 of the Treaty of Rome prohibits discrimination on grounds of nationality within the scope of application of the Treaty. This provision is essential for the smooth working of the Single Market. By contrast, the same does not apply to racial discrimination, where national circumstances vary considerably.
asked Her Majesty's Government:Further to the Written Answer given by Baroness Chalker of Wallasey on 12th December 1996 (
WA 97), how dealing with issues of unfair discrimination at national, but not at European, level will secure the equal and effective protection of the citizens of the European Union against unfair discrimination throughout the Union.
The Government believe that issues of discrimination are best dealt with at national level. The Government did however support the inclusion of Article F.2 of the Treaty on European Union. This clause requires the European Union to "respect fundamental rights, as guaranteed by the European Convention for the Protection of Human Rights and Fundamental Freedoms signed in Rome on 4th November 1950 and as they result from the constitutional traditions common to the Member States, as general principles of Community law". All EU Member States are party to this Convention and are bound to comply with judgments of the European Court of Human Rights. We do not feel that further European Union protection against unfair discrimination is necessary.
Gulf War Syndrome: Press Statement By The Countess Of Mar
asked Her Majesty's Government:What is their detailed response to the press release issued by the Countess of Mar on 17 December entitled
Gulf War Syndrome: a response to the 10th December Statement by the Minister of State for the Armed Forces.
The Government have noted the contents of the noble Countess's press statement. The Ministry of Defence is determined to get to the bottom of any health problems which might have resulted from service in the Gulf. We remain anxious to assist Gulf veterans who are ill to the extent that we properly can. We are continuing to review a number of issues raised in the context of the recent statement to Parliament by the Minister of State for the Armed Forces.
National Lottery
asked Her Majesty's Government:What steps they have taken to ensure that the Director General of Oflot does not permit the National Lottery to promote a rapid draw electronic numbers game of the type known as Keno, and whether they will confirm that they remain opposed to the National Lottery running such a game.
I understand from the Director General of the National Lottery that no application to run a Keno-type game has been submitted. If the Director General was asked for a licence to provide such a game under Section 6 of the National Lottery etc Act 1993, it would be for him to make a decision in the light of the duties set out in that Act, taking into account the directions which my right honourable Friend the Secretary of State for National Heritage has given him.
Vat Rate Changes
asked Her Majesty's Government:Further to their reply of 30th October 1996, whether it remains within the power of Parliament to rescind the agreement not to introduce any new VAT zero rates made by the Government with its European partners.
Such a change to the relevant agreement—the Sixth VAT Directive of 1977—would require the unanimous agreement of the member states of the European Community. The United Kingdom would be in breach of its more general obligations as a member of the Community if it were to act unilaterally to abrogate all or part of this agreement.
Gulf War Veterans: Pension Claims
asked Her Majesty's Government:How many war pensions cases pertaining to Gulf War veterans are awaiting assessment, what is the average length of delay and what are the causes of those delays; andWhat proportion of war pensions claims from Gulf War veterans are decided within the 30-week target; andHow many doctors are dealing with claims from Gulf War veterans at the War Pensions Agency; andWhether war pensions are being paid to any of the 20 per cent. of Gulf War veterans for whom no specific diagnosis has been made following examination by Group Captain Coker and his colleagues.
These are matters for Mr. Kelvin Caldwell, Chief Executive of the War Pensions Agency. He will write to the noble Countess.
Letter to the Countess of Mar from the Chief Executive of The War Pensions Agency, Mr. K. C. Caldwell, dated 17th January 1997.
Lord Mackay of Ardbrecknish has asked me to reply to your recent Parliamentary Questions about war pension claims from Gulf War veterans.
On 2nd January 1997 we had 434 claims and 23 appeals under consideration, at various stages. The average time involved in processing these cases from date of claim to 2nd January 1997 was eight months. Claims for Gulf War related illnesses can require the War Pensions Agency to investigate a number of medical conditions and it can therefore take longer than usual to assemble all the relevant medical and service evidence. For these reasons, Gulf War claims can take longer to resolve. Decisions are made as soon as all the relevant evidence is obtained.
You ask about the average time taken to clear claims from Gulf veterans. Statistics for claims already decided are not kept and the information could be provided only at disproportionate cost. However, the Agency's targets are to clear 60 per cent. of all first claims within 145 working days and 95 per cent. of all claims within 310 working days. For the month of December 1996, achievement was 63 per cent. and 90 per cent respectively.
Because of the intricacies of Gulf War cases, claims from Gulf War veterans are dealt with on a specialised section by three full time medical advisors with full administrative support. One further medical advisor working in the agency is also able to process Gulf War claims if the need arises. These doctors are trained in a variety of specialised casework.
You ask about war pensions being paid to Gulf War veterans for whom no specific diagnosis has been made by Group Captain Coker and his colleagues. Medical information from the Ministry of Defence (MoD) Gulf War Medical Assessment Programme is not routinely made available to the War Pensions Agency, and at the date of their claims not all claimants for war pension would have taken part in the programme. In cases where express permission for release of information from the Gulf Assessment Programme has been obtained, this will be used to inform the decision on that individual's claim for a war pension.
A war pension may be awarded for any disablement related causally to service. Additionally, under the very preferential terms of the scheme, where a claim is made within seven years of termination of service (and that, of course, is the case for all Gulf claims made so far) the benefit of any reasonable doubt is always given to the claimant and the onus is on the Secretary of State to show beyond reasonable doubt that service in the armed forces has played no part in the cause or course of the claimed disablement.
At present, no precisely defined Gulf related illness is recognised medically and many claims from Gulf participants are for non-specific symptoms and signs. In most of these claims, it has been possible to identify an underlying condition in which the claimed non-specific symptoms and signs are present.
I hope you find my reply helpful.
Child Labour
asked Her Majesty's Government:Further to the Written Answer given by Baroness Cumberlege on 17th December 1996 (
WA 117), whether they accept that the extreme examples of child labour quoted in The Times did in fact occur; and if so, whether they will take steps to encourage local authorities and the Health and Safety Executive to exercise their powers to take action to tackle such problems effectively.
We have no reason to doubt the veracity of The Times' report. Officials work closely with their colleagues in local authorities, and the Health and Safety Executive, concerning the exercise of their powers on children's employment issues.
Chief Inspector Of Prisons: Electronic Publication Of Reports
asked Her Majesty's Government:Whether the Chief Inspector of Prisons, Sir David Ramsbotham, has authorised the publication of all his reports on the Penal Lexicon's web site.
Her Majesty's Chief Inspector of Prisons has authorised the publication on the Penal Lexicon web site of all reports which are either published by the Inspectorate or prepared by the Inspectorate and in the public domain.
Asylum Seekers: Detentions
asked Her Majesty's Government:Further to the Written Answer given by Baroness Blatch on 18th December 1996 (
WA 132), whether they have information as to the number of asylum seekers who have been detained pending the determination of their applications for each year during the past five years; and, if so, whether they will publish such information.
Reliable information on the number of asylum seekers placed into detention, prior to an initial decision having been made on their application, can only be obtained by examination of
| Number of females aged under 18 cautioned or convicted for offences under the Streets Offences Act 1959 Section1 by age | |||||||||||
| England and Wales 1995 | |||||||||||
| Total under | |||||||||||
| Disposal | 10 | 11 | 12 | 13 | 14 | 15 | 16 | 17 | 18 | 18+ | All ages |
| Cautions | — | — | 2 | 4 | 11 | 27 | 63 | 156 | 263 | 2,899 | 3,162 |
| Convictions | — | — | — | — | — | 4 | 25 | 72 | 101 | 5,411 | 5,512 |
| Total | — | — | 2 | 4 | 11 | 31 | 88 | 228 | 364 | 8,310 | 8,674 |
| 1Common prostitute loitering or soliciting for the purposes of prostitution. | |||||||||||
Prison Service: Electronic Publication Licensing
asked Her Majesty's Government:Why the Northern Ireland Prison Service referred to HMSO's Copyright Unit a request by the Penal individual case records. The information requested is, therefore, only available at disproportionate cost.
Prisoners' Allegations To Prisons Ombudsman
asked Her Majesty's Government:Whether it is a disciplinary offence for a prisoner to make a false and malicious allegation to the Prisons Ombudsman.
No, Prisoners may refer any complaint to the Prisons Ombudsman, who then considers whether it is eligible for investigation under his terms of reference. These complaints may include allegations that could be considered false and malicious. The disciplinary offence of making a false and malicious allegation against an officer was abolished in 1989, partly so as not to inhibit prisoners from raising genuine grievances.
Prostitutes Aged Under 18
asked Her Majesty's Government:What is their estimate of the number of prostitutes currently aged less than 18 years.
The information as requested is not available.Data for England and Wales on the number of females aged under 18 cautioned or convicted in 1995, the latest year available, for offences under the Street Offences Act 1959 Section 1 are given in the table below.Lexicon to be given permission to publish, on their web site, all public domain material produced by the Prison Service.
Responsibility for the subject of this Question has been delegated to the Northern Ireland Prison Service under its chief executive, Mr. Alan Shannon. I have asked him to arrange for a reply to be given.
Letter to Lord Avebury from the Chief Executive of the Northern Ireland Prison Service, Mr. Alan Shannon, dated 16th January 1997.
Baroness Denton has asked me to reply to the parliamentary Question which you tabled asking why the Northern Ireland Prison Service referred to HMSO's Copyright Unit a request from the Penal Lexicon to be given permission to publish, on their web site, all our public domain material.
Following receipt of the request from Mr. Robinson-Grindey of the Penal Lexicon, we looked into the matter and found that Cabinet Office guidance on Crown copyright advised that, except where delegated authority existed, all requests received by departments for permission to reproduce official material must be referred to the Copyright Unit, HMSO. The Copyright Unit was contacted and confirmed that the reproduction of Crown copyright material, including in electronic form, had to be licensed. They offered to take the licensing process forward direct with Mr. Robinson-Grindey and a copy of the correspondence received was forwarded to them for this purpose.
I hope this information is helpful.