Written Answers
Monday, 16th November 1998.
Sudan: Food Aid Delivery By Train
asked Her Majesty's Government:Whether the use by Operation Lifeline Sudan of the rail network in Sudan to deliver food aid to central and southern Sudan has been impeded by the refusal of the United States Government to allow delivery to the Sudan of spare parts for rolling stock. [HL3804]
The impediment to the use of the rail network in Sudan by Operation Lifeline Sudan (OLS) is the lack of a political agreement by all sides to the conflict in Sudan to the unhindered use of the train for relief purposes. Trains to central and southern Sudan are running despite the lack of imported spares. But because of the security situation they are accompanied by Sudanese Government armed guards. The use of government armed guards on a relief convoy negates its impartiality and thus exposes it to attack and raiding by militia.A meeting of the Technical Committee on Humanitarian Assistance, comprising representatives of the Inter Governmental Authority on Development, OLS, the Sudan People's Liberation Movement and the Sudan Government is scheduled to meet later this month under the chairmanship of the United Nations. The issue of land routes, including use of the train, will be a main part of the agenda, and we are urging all sides to agree safe passage for the delivery of humanitarian relief by rail without armed guard and under the auspices of the United Nations.
Parliamentary Counsel
asked Her Majesty's Government:To which Minister Parliamentary Counsel are accountable, other than being accountable to the particular Minister for whom Parliamentary Counsel are drafting a Bill or other matter. [HL3821]
The Parliamentary Counsel Office reports to the Prime Minister.
Government Policy And The Labour Party Conference
asked Her Majesty's Government:To what extent their policies are influenced by the Labour Party annual Conference. [HL3636]
The Government were elected on a manifesto which was based in part on decisions taken at the Labour Party Conference and supported by the overwhelming majority of the membership of the Labour Party. The manifesto set out a clear, radical programme of reform designed to modernise our country and build a more decent society; a programme to unite the nation in facing the tough challenges of the future and the changing society. The manifesto contained specific pledges and commitments which address the real concerns of the people of Britain. Underpinned by the clear mandate given to it by the people, the Government are delivering on these commitments through extra investment on priority areas, particularly health and education—investment tied to modernisation—and will continue to do so.
Tenant Farmers Association: Support Request
asked Her Majesty's Government:What response they have given or propose to give to the Tenant Farmers Association's request to:
These requests were recently put forward by the TFA to my right honourable friend the Minister. Her Majesty's Government are considering these, along with further requests by other industry organisations, and will make an announcement shortly.
Bone-In Beef
asked Her Majesty's Government:When they expect to lift the Beef on the Bone Regulations 1997 to enable beef on the bone to be sold legally in the United Kingdom. [HL3667]
The ban on sales of bone-in beef is not intended to be for all time. The Beef Bones Regulations 1997 remain under review, as is the case with all BSE-related control measures. In expressing their hopes recently that the controls can be lifted as quickly as possible, Ministers have emphasised that any decision to do so, or to alter their scope, would only be taken in the light of progress with the eradication of BSE, scientific advice from the Spongiform Encephalopathy Advisory Committee and the views of the Chief Medical Officer.
Common Fisheries Policy
asked Her Majesty's Government:Whether the European Union is a party to the Biodiversity Convention; whether that convention has any bearing on the content or conduct of the Common Fisheries Policy in North European waters; and, if so, whose responsibility it is to ensure that it is being observed there. [HL3601]
The European Community is a contracting party to the Convention on Biological Diversity. The Commission presented a strategy to the Council earlier this year, indicating how biodiversity might be better integrated into key Community policies. This includes the establishment of a series of sectoral action plans, including one relating to fisheries. The Commission will be guided by this strategy when drawing up proposals under the Common Fisheries Policy and in other sectors.
asked Her Majesty's Government:Whether the European Union is a party to the Convention on Environmental Impact Assessment in a Transboundary Context; whether that Convention has any bearing on the content or conduct of the Common Fisheries Policy in North European waters; and, if so, whose responsibility it is to ensure that it is being observed there. [HL3602]
The European Community is a contracting party to the Convention on Environmental Impact Assessment in a Transboundary Context, which does not apply to fisheries matters.
Iacs: Overdue Payments
asked Her Majesty's Government:Whether they will pay interest on overdue IACS (Integrated Administration and Control System) payments. [HL3613]
Every effort is made to make payments to farmers under the schemes covered by IACS within the relevant periods laid down by EC regulations. There is no general legal entitlement to interest where it is not possible to do so.
Wild Boar
asked Her Majesty's Government:Whether the risk assessment exercise on wild boar referred to in the Written Answer by the Baroness Hayman on 23 June 1997 (
WA 151) has been completed; and, if so, what were its findings. [HL3599]
The risk assessment on wild boar referred to was published on 21 October 1998 and I have placed a copy of both the report and the news release in the Library of the House.
Telecommunications Code System Operators: Planning Controls
asked Her Majesty's Government:What plans they have to change planning controls over development carried out by licensed telecommunications code system operators. [HL3895]
In July 1998 we published for public comment a number of proposed changes to the permitted development rights granted to licensed telecommunications code system operators under the Town and Country Planning (General Permitted Development) Order 1995 (GPDO). These were set out in the consultation paper, "Telecommunications Development Control". The proposed changes reflected the Government's commitment to striking the right balance between encouraging the establishment of an efficient and modern national telecommunications network and protecting the environment.Our main proposal was for the introduction of a new two-stage "prior approval" procedure in respect of applications for ground-based masts in sensitive locations in order to allow for greater public consultation over their siting and appearance. Respondents to the consultation paper were highly supportive of the principle of increasing the opportunity for public comment. However, a number of local planning authorities and telecommunications operators expressed concern over the complexity of the procedure proposed. There were also concerns that the introduction of a distinction between sensitive and non-sensitive sites would lead to uncertainty about how any application was going to be handled and how long it would take and would disadvantage those living in non-sensitive areas. We have taken account of these concerns and concluded that we should proceed with a new single-stage prior approval procedure of 42 days for ground-based masts. This will include a requirement that the operator should erect a site notice to publicise the development proposed. The revised approach will provide the public with a clear opportunity to comment to the local planning authority on the siting and appearance of all proposals to erect ground-based masts under the GPDO.A clear majority of the respondents supported our other proposals for changes to the GPDO, particularly those to strengthen planning controls over telecommunications development in sites of special scientific interest (SSSIs). The department is now preparing the necessary GPDO amendment order and guidance to implement the changes and will consult on drafts. The draft guidance will include advice on the possible use of planning obligations to secure mast sharing, taking into account the comments received in the recent consultation exercise.The Government attach great importance to minimising the impact of telecommunications infrastructure on the environment. The new prior approval procedure for ground-based masts and strengthened planning controls in SSSIs will contribute to that objective. Our planning policies are already directed to making good use of existing masts and buildings for the installation of new antennas and to encouraging operators and local planning authorities to work together to identify mast sites that are satisfactory from both an environmental and a technical point of view.We are, however, keen to discuss with the telecommunications industry what more can be done on all sides to minimise the environmental impact of new telecommunications development. To that end we shall he meeting with representatives of the industry at the earliest available opportunity.
"Greening Government": Environmental Audit Committee Report
asked Her Majesty's Government:When the response to the Second Report of the Environmental Audit Committee on the "Greening Government" initiative will be published. [HL3896]
We are pleased to announce the publication today of the Government's response to the Environmental Audit Committee Report on "Greening Government". We have been able to take on board and respond positively to many of the committee's recommendations. We congratulate the Environmental Audit Committee on taking a broad and constructive approach in its "Greening Government" report, and welcome its intention to keep the issues it raises under review.This response promises early action in a number of important areas. The terms of reference of ENV (the Cabinet Committee on the Environment) have been amended to make explicit that its remit includes co-ordination of sustainable development issues. Green Ministers will report regularly to ENV committee and will prepare an annual report on their activities for publication; the first published report will be next summer. Sir Richard Wilson will be reissuing the Guide to Cabinet Committee Business, reminding departments to consider any significant environmental costs and benefits of proposals in papers for Cabinet Committees, seeking DETR's views as appropriate. We shall be reviewing this system at the end of 1999; we want to be sure that it is delivering the changes that we are determined will be made. Where possible departments will consult on and make available their environmental appraisals. By the end of this Parliament we want each department to have begun introducing an environmental management system where deemed efficient and cost-effective and to have collected a set of examples of good practice in greening policies and operations. Whenever government create a new body we shall consider the case for incorporating sustainable development into its remit; and we have asked Green Ministers to consider and report to the Cabinet Committee on the Environment on how far sustainable development can be incorporated into the remit of all existing departments and NDPBs.
Fire Safety
asked Her Majesty's Government:Whether they propose to publish the collated responses to the consultation paper on proposed amendments to Approved Document B: Fire Safety, prepared by the Fire Research Establishment or whether it will be available to the general public in some other way. [HL3685]
A list of all those who responded has been deposited in the Libraries of both Houses advising that copies of all response letters are available from the DETR library. I do not propose to make public the collation of these comments prepared for my department by the Fire Research Establishment. This collation is intended to be used as a basis for discussion at the Building Regulations Advisory Committee working party meetings where the consultation comments are considered.
Retail Developments: Government Policy
asked Her Majesty's Government:How the recent judgment of Mr. Justice Dyson in the High Court affects their declared policy regarding planning approval for major new retail developments.
The Government do not comment on the construction of court judgments.The Government's policy is set out in our Response to the House of Commons Environment Committee Report on Shopping Centres [Cmnd 3729]. This reaffirmed our commitment to the policy set out in Planning Policy Guidance Note 6 (PPG6): Town Centres and Retail Developments.
Car Park Safety
asked Her Majesty's Government:Whether, in the light of a partial collapse of a multi-storey car park in Wolverhampton and the safety barriers at a car park in Canterbury, they will:
Partial collapse of the Wolverhampton car park and failure of the safety barriers at the Canterbury car park are being investigated by the Health and Safety Executive. The department intends to await the final outcome of these investigations and that of the examination of the regulatory framework, including Building Regulations and the HSE legislation, before considering introduction of any compulsory structural inspection regime for car parks. Inspections of car parks should be carried out by the owners as a part of their maintenance responsibilities.There are no instructions given to owners and operators of multi-storey car parks concerning examination for structural integrity.The department has given careful consideration to the views expressed in the Eleventh Report of the Standing Committee on Structural Safety (SCOSS) on safety of car parks. However, the recommendations in this report are primarily addressed to the owners and operators of existing car parks. Officials of my department are considering whether there is any need to reinforce these within the regulatory framework.
Chile: Defence Orders From Uk
asked Her Majesty's Government:Whether the Government of Chile have cancelled any defence orders from the United Kingdom; and whether this will cause job losses within the United Kingdom defence manufacturing industry. [HL3776]
We are not aware of any defence orders from the UK which have recently been cancelled by the Government of Chile.
Radiocommunication Services: Cross-Border Interference
asked Her Majesty's Government:Whether they will propose, at the United Nations General Assembly, that a convention to prevent jamming of trans-frontier television be drafted, including a mechanism for enforcement, and that in the meanwhile the General Assembly should commission a report on interference with transmissions and the technological means of detecting the origin of jamming signals. [HL3672]
Cross-border interference to radiocommunication services is a matter for the International Telecommunication Union (ITU), a specialised agency of the United Nations. The constitution of the ITU contains a provision which states that: "All stations, whatever their purposes, must be established and operated in such a manner as not to cause harmful interference to the radio services or communications of other Members … which operate in accordance with the provisions of the Radio Regulations". The International Radio Regulations, which are produced by the ITU and have treaty status, contain formal procedures for the elimination of harmful interference on an administration-to-administration basis and these procedures have very recently been amended to include cases of deliberate harmful interference. To aid the process of establishing the source of harmful interference to satellite networks, the ITU's 1997 World Radiocommunication Conference proposed the establishment of a global satellite monitoring network, although it is too early to say whether this will be implemented effectively.
Kosovo Albanian Children: Entry To Uk For Medical Treatment
asked Her Majesty's Government:What representations they have received about the grant of entry clearance to a number of Kosovo Albanian children to enable them to come to the United Kingdom for medical treatment, accompanied by their close relatives. [HL3897]
My right honourable friend the Home Secretary has received representations from Ms Sally Becker of Operation Angel about a total of 91 applications referred to the Home Office by the British Embassy in Tirana, a third of which are in respect of children needing medical treatment. The applications fell to be considered under the Immigration Rules relating to persons seeking to enter the United Kingdom as visitors for private medical treatment, or simply as visitors. Under these rules my right honourable friend has to be satisfied, among other requirements, that there is satisfactory evidence about the medical condition and its treatment, that the person will be able to maintain and accommodate himself and any dependants without recourse to public funds and that the person intends to leave the United Kingdom at the end of the period of the treatment or visit. In the absence of satisfactory evidence from Operation Angel or any other source, my right honourable friend was not satisfied that these requirements were met in any of the applications.He considered whether there were grounds for treating the applications on a discretionary basis outside the Immigration Rules but concluded that it would not be appropriate to do so. In reaching this decision, my right honourable friend took account of the fact that Ms Becker had not taken government advice and guidance on how to bring such an evacuation within the recognised official procedures; she had not demonstrated the option of local treatment through the international agencies; and had not made a proper case on medical grounds. He was also aware that my right honourable friend the Secretary of State for International Development has in place a humanitarian strategy for former Yugoslavia (including Kosovo) and Albania, and will be sending a mission there this week. Furthermore, in the absence of adequate guarantees of funding from Operation Angel, my right honourable friend had to take account of the likely cost to the taxpayer in the almost certain event of recourse to public funds, which for a group of this size would be of the order of ÂŁ400,000 a year. My right honourable friend accordingly decided to refuse the applications. Ms Becker was notified of this decision by the British Embassy in Tirana on Friday 13 November.
Eu Courts: Interpreter Facilities
asked Her Majesty's Government:Whether they will publish the results of the survey of European Union member states to establish the adequacy of available interpreter facilities in courts of law; and [HL3754]Whether they consider that adequate facilities exist in courts in the European Union to provide translation for United Kindgdom citizens involved in proceedings there. [HL3755]
The United Kingdom, during its Presidency of the European Union, initiated a questionnaire on the provision of interpretation in criminal proceedings in the European Union. The purpose of the questionnaire was to seek information about the availability of necessary interpretation facilities in member states following the arrest of a person and in any subsequent criminal proceedings. A summary of the responses to the questionnaire from each member state is being prepared by the General Secretariat of the Council of the European Union. When the summary has been compiled it will be for the Council to decide whether it should be published.The Government will form their view on the adequacy of interpretation facilities in courts in the European Union in light of the results of the questionnaire and of the research in this area, which is being funded by the European Commission's Grotius programme.
Firearms Database: Working Group Membership
asked Her Majesty's Government:Whether they will name the members of the working group set up under the auspices of the Association of Chief Police Officers (ACPO) Administration of Firearms and Explosives Licensing Sub-Committee to finalise the detailed user requirement for the database needed to fulfil the statutory obligation to establish a central register of firearms and shot gun certificate holders, the dates on which the working group has met; and whether they will arrange for a copy of the detailed user requirement for the central database to be put in the Library of the House. [HL3770]
Details of the working group set up by the Association of Chief Police Officers to finalise the detailed user requirement for this database are as set out in my earlier Written Answer (WA 15, 3 September 1998). It met on 14 October and is expected to meet again in December. We shall certainly consider placing a copy of the detailed user requirement in the Library once it has been drawn up.
Firearms Database: Establishment
asked Her Majesty's Government:Whether they have fulfilled their statutory obligation to establish a central register of persons who have applied for a firearm or a shotgun certificate or to whom a firearm or shot gun certificate has been granted, as required under Section 39 of the Firearms (Amendment) Act 1997, which came into force on 1 October 1997. [HL3769]
No central register as required under Section 39 of the Firearms (Amendment) Act 1997 has yet been established. This project is being taken forward as part of the development of PHOENIX, the Police and Home Office Extended Name Index, part of the Police National Computer. There are many competing modules for this system of which the firearms database is but one. It is important to ensure that the overall operational needs of the police service and any potential overlap between different applications are taken fully into account.
Public Authorities: Discrimination
asked Her Majesty's Government:Whether they will introduce measures to make it unlawful for public authorities to discriminate on grounds of sex, colour, race, ethnic or national origins, disability or sexual orientation in the discharge of their public functions. [HL3767]
The Government are committed to securing equality of opportunities for all their citizens. The Sex Discrimination Act 1975 (SDA), the Race Relations Act 1976 (RRA) and the Disability Discrimination Act 1995 support this principle. All these Acts are under review. The Equal Opportunities Commission and the Commission for Racial Equality, in their recent reviews of the SDA and the RRA, have made recommendations about the role of public bodies in opposing discrimination on a range of grounds. The Government have established the Disability Task Force to make recommendations by July 1999 on how to secure comprehensive and enforceable civil rights for disabled people.
City Of London: Government Promotion
asked Her Majesty's Government:Whether they have any plans to assist in the promotion of the activities of the City of London. [HL3731]
The Government work with the Corporation of London and the Office of the Lord Mayor, the Bank of England and, where appropriate, the Financial Services Authority, as well as with British Invisibles and other promotional bodies, in promoting the activities of the City of London. The Government add value by supporting those activities, for example through ministerial speaking engagements and visiting programmes promoting UK-based financial services. Developments in the City, such as the preparations for the introduction of the euro, are presented as illustrations of London's competitiveness in international financial services business. The Government have also announced plans to legislate to amend the UK's financial services regulatory regime to ensure that it is fit for the new millennium and that London's reputation as a clean place to do business will be maintained and enhanced.With the aim of developing government support further, Treasury officials have been liaising with the City and with other government departments, notably the Department of Trade and Industry and the Foreign and Commonwealth Office, to draw up a list of important markets in which promotional activity should be concentrated to identify achievable objectives in those markets and to ensure that there is better co-ordination among the various bodies involved. This will enable future visits by Ministers to those markets to concentrate on the issues of importance to the financial services industry, will streamline the activities of accompanying business people from the City and will complement the overseas programmes of other parties, such as the Lord Mayor.
Single European Currency: Supply Of Money By Banks Which Charge Interest
asked Her Majesty's Government:Whether, following the introduction of the single European currency, the supply of money could be removed from banks which charge interest and be reassumed by elected governments, which could issue currency on a debt-free basis. [HL3807]
The Government will not be removing the supply of money from banks which charge interest.
Ali Qassim Rabia And Sheikh Essa Abdulla Al-Jawder
asked Her Majesty's Government:Following the recommendation by the Minister of State at the Foreign and Commonwealth Office (Mr. Fatchett) that the authorities in Bahrain should open a dialogue with the Committee for Popular Petition, what action they will take over the summons for questioning of former MP, Ali Qassim Rabia, and Sheikh Essa Abdulla al-Jawder, members of the CPP, for writing to the Amir about the proposed dialogue. [HL3669]
When we receive confirmation that Ali Qassim Rabia and Sheikh Essa Abdulla al-Jawder have been summoned for questioning we shall consider what, if any, action should be taken.
Bahrain: Human Rights
asked Her Majesty's Government:Whether they will seek to persuade the authorities in Bahrain to give serious consideration to the recommendation made in the report
The Crisis of Human Rights in Bahrain: The Rule of Law under threat, published by the Parliamentary Human Rights Group and the Bar Human Rights Committee of England and Wales on 28 October. [HL3670]
The recommendations are consistent with our human rights concerns which we raise regularly with the Bahraini authorities.
Burma: Human Rights Violations
asked Her Majesty's Government:Whether they will seek to incorporate a reference to displacement and exile of large numbers of the Karen people in the Resolution on Burma (Myanmar) which is to be tabled at the United Nations General Assembly in November. [HL3671]
The Government, together with our EU Partners, are working for a resolution on Burma at the UN General Assembly in New York. We will press for strong condemnation of all human rights violations in Burma, including forced relocation of ethnic minorities, which has led to a number of displaced persons and refugees.
Overseas Territories: White Paper
asked Her Majesty's Government:Why the White Paper on overseas territories has not yet been published; and whether they will now indicate when they expect it to be published.[HL3679]
Preparation of the White Paper on the overseas territories has involved wide-ranging consultation on a broad group of subjects. It has been a complex process. It is now drawing to a close. Our expectation is that the paper will be published early in the next Session of Parliament.
Yassir Al-Sayegh: Legal Action Against Bahrain
asked Her Majesty's Government:Whether they are giving support to the legal action brought by Mr. Yassir Al-Sayegh of Bahrain of Bolton, a British citizen now deprived of Bahraini dual citizenship, against the Government of Bahrain for wrongful dismissal from the Housing Bank and for compensation for injuries sustained while in custody in Bahrain, where no charges were brought against him. [HL3695]
We have given Mr. Al-Sayegh as much help and advice as we can. We wrote to Mr. Al-Sayegh in May advising him that there was nothing more that the Foreign Office could do for him beyond what his solicitor is already doing. However, should there be any developments in Mr. Al-Sayegh's case we would of course review this position.
Kosovo: Use Of Military Force
asked Her Majesty's Government:Whether the concept of "overwhelming humanitarian necessity" (as now used by the Government in connection with the possible use of force by NATO in the context of Kosovo) is recognised in international law; and, if so, in what form; and [HL3696]What is their own definition of "overwhelming humanitarian necessity"; and whether there is a consensus within the United Nations Security Council:
Whether "overwhelming humanitarian necessity" overrides other principles of international law; and, if so, how are the circumstances in which it may do so to be recognised by the international community; and by whom should they be recognised if military action is lawfully to follow; and [HL3698]
Whether unilateral declarations alleging "overwhelming humanitarian necessity" may confer legality on threats or uses of force or interference within sovereign states that would otherwise be unlawful; and [HL3699]
Whether the concept of "overwhelming humanitarian necessity" and related legal doctrines have been considered by the International Court at The Hague. [HL3700]
The prohibitions on the use of force contained in the UN Charter do not preclude the use of force by a state or group of states in self-defence in accordance with Article 51 or under the authorisation of the Security Council acting under Chapter VII of the Charter. There is no general doctrine of humanitarian necessity in international law. Cases have nevertheless arisen (as in northern Iraq in 1991) when, in the light of all the circumstances, a limited use of force was justifiable in support of purposes laid down by the Security Council but without the council's express authorisation when that was the only means to avert an immediate and overwhelming humanitarian catastrophe. Such cases would in the nature of things be exceptional and would depend on an objective assessment of the factual circumstances at the time and on the terms of relevant decisions of the Security Council bearing on the situation in question.