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Written Answers

Volume 623: debated on Tuesday 6 March 2001

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Written Answers

Tuesday, 6th March 2001.

Southern Africa: Peacekeeping

asked her Majesty's Government:What changes have been made to the level of support given by the United Kingdom to regional peacekeeping training in Southern Africa. [HL1067]

The Parliamentary Under-Secretary of State Foreign and Commonweath Office
(Baroness Scotland of Asthal)

In view of the deteriorating situation in Zimbabwe, the British Military Advisory and Training Team (BMATT) for Southern Africa will relocate from Harare to the UK at the end of March 2001. The team has played an important role in enhancing the capacity of the countries of the Southern Africa Development Community to contribute to international peace support operations. We will continue to look for alternative locations from which the team can carry on its work with the countries of the region.

Foreign Secretary's Discussions Usa

asked her Majesty's Government:What discussions the Foreign Secretary held with the United States Secretary of State, Colin Powell, during his recent visit to the United States, on (a) the European Defence and Security Policy and the European Rapid Reaction Force; and (b) the United States National Missile Defence. [HL897]

My right honourable friend the Foreign Secretary briefed the US Secretary of State in detail on the European Defence Initiative, its emphasis on improved capabilities and the essential role of NATO in ESDP. The US Secretary of State noted in his subsequent public comments that the Administration had a good understanding of the goals of the European Defence Initiative and that he and the Foreign Secretary shared a common belief that ESDP would strengthen NATO.In a constructive discussion on NMD, the US Secretary of State confirmed US commitment to a missile defence system, but made clear that no decisions on how and when to deploy had been taken, and stressed the Administration's intention to consult Allies, Russia and others. The Foreign Secretary and the US Secretary of State agreed on the importance of combatting the proliferation of weapons of mass destruction and their means of delivery. They agreed that our two countries should work together to counter such proliferation.

asked Her Majesty's Government:Whether the Foreign Secretary received representations from any members of the United States Administration on the subject of the security of Europe from missile attack during his recent visit to the United States. [HL899]

British Council, Quito, Ecuador

asked Her Majesty's Government:Whether the British Council has announced the closure of its centre in Quito, Ecuador: and if so, what representations they have made to the British Council to continue the work of the language training centre in Quito, the CRADLE project and the British School. [HL933]

The British Council operation in Quito, Ecuador, will close in July 2001. The announcement was made on 13 November 2000. Existing higher education links and teacher exchange programmes will continue to be managed by the Council in the region.The CRADLE project, which was funded by the Department for International Development until 1996, and the British School are not part of the British Council's operation in Ecuador.

Qcs And Judges: Appointments

asked Her Majesty's Government:Whether any person who attended the function at the Atlantic Bar and Grill on 7 February, hosted by the Lord Chancellor, has been appointed a Queen's Counsel or a judge since this Government came to power. [HL917]

The most recent records show that 217 Queen's Counsel and 1,555 judges in the ordinary Courts have been appointed in England and Wales since May 1997. I could not possibly say from my own knowledge how many, if any, attended any particular function, nor, given that such a fact is wholly irrelevant to the question of appointment, would it be appropriate for me to inquire.

asked Her Majesty's Government:Whether they will publish the guidelines on judicial and Queen's Counsel appointments that are applied to ensure that anyone who is aware of political donations made by candidates for appointment has no part in the appointment process and is excluded from seeing files on applicants. [HL920]

No such guidelines exist. Current guidance makes it clear that the assessment of candidates will be based solely on merit against the criteria for appointment. Neither I nor anyone else involved with the appointment process would normally know if a candidate for judicial appointment or Queen's Counsel has made a donation to any political party, nor would anyone take such an irrelevant fact into account. Candidates are not asked whether they have made political donations.

asked Her Majesty's Government:Whether the Lord Chancellor's Special Adviser, Mr Garry Hart, has or has had, any access to files relating to the appointment of Queen's Counsel and judges. [HL921]

Mr Hart sees papers only to the extent necessary to advise on general policy issues relating to judicial appointments. He is not and has never been involved in any way in decisions about individual judicial appointments.

asked Her Majesty's Government:Whether it is the practice of the Lord Chancellor to disqualify himself from involvement in any appointment concerning someone whom he knows is a donor to a political party; and [HL922]Whether the Lord Chancellor has appointed any judges or Queen's Counsel who he was aware at the time were members of the Labour Party or an affiliated organisation, or who had made donations to the Labour Party. [HL923]

I do not, in the ordinary course, know if a candidate for judicial appointment is a member of, or has made a donation to, any political party or affiliated organisation, nor, were Ito come to know, would I ever take such a fact into account in considering the question of appointment. Judicial appointments are based solely on merit. The one exception is in relation to the lay magistracy, who are only appointed if they pass a merit threshold, but where Local Advisory Committees also consider political affiliation of candidates, as a proxy for social background, so as to try to achieve lay Benches which are representative of the communities they serve: that has been the longstanding position, under successive governments.

Royal Commissions And Committees Of Inquiry Appointments

asked Her Majesty's Government:Whether the Lord Chancellor, when consulted under Chapter 4, paragraph 50 of the Ministerial Code about the suitability of a judicial or legal appointment to a Royal Commission or independent committee of inquiry, or when undertaking an approach on behalf of a department, is expected to disclose if he is aware that the person he is recommending has contributed to the Labour Party. [HL924]

No. I would not, in the ordinary course, know about donations to any political party, nor, were I to come to know, would I ever taken such a fact into account. My advice on such matters is based solely on the potential appointee's merits for the task proposed.

Perpetuities And Excessive Accumulations: Law Commission Report

asked Her Majesty's Government:When they expect to make an announcement on Law Commission Report, No. 251

The Rule against Perpetuities and Excessive Accumulations. [HL1063]

The Government accept the Law Commission's recommendations in Report No. 251, The Rule against Perpetuities and Excessive Accumulations, and will legislate when parliamentary time allows.

Civil Court Judgment Enforcement: Review

asked Her Majesty's Government:What progress has been made on Phase Two of the Review of Civil Enforcement. [HL1064]

We have been engaged in a comprehensive review of the enforcement of civil court judgments since 1998. I announced by way of a Written Answer on 26 July 2000, Official Report, col. WA 67 the completion of Phase One of the review. The rules of court arising from this phase are currently being drafted. I also announced on 26 July last year the terms of Phase Two of the review. These were:To implement costed recommendations, including the production of a unified set of rules of court for enforcement, andTo identify, in the light of the amended procedures and revised powers of bailiffs, the type of agent or form of agency which should be responsible for carrying out those enforcement procedures, and to make costed recommendations.I am pleased to announce that Phase Two of the review of enforcement procedures will now be broadened to include structures for, and the regulation of, civil enforcement agents generally, not just within the High Court and the county courts.It would be a wasted opportunity not to attempt to go further and devise a single model encompassing not just civil court warrant enforcement agents, but other private sector civil enforcement agents collecting money for central or local government. This will involve my officials exploring systems across all areas of enforcement, and they will now examine various possible options, including issues surrounding a new class of enforcement agents who would be officers of, but not necessarily employees of, the court.For this reason we will publish in late spring 2001 a Green Paper on the structure and regulation of enforcement, and a single piece of bailiff law, followed by a White Paper later in the year, setting out our proposals for legislation.This approach offers the best prospect of ensuring that there are real gains from the Review. Continuing with the narrower focus would pass up the opportunity of achieving a fundamental improvement in our enforcement system.

Civil And Family Legal Aid

asked Her Majesty's Government:What decisions they have made on the consultation exercise on changes to the financial conditions for funding civil and family cases by the Legal Services Commission. [HL1065]

We have today published a report giving details of the Government's conclusions following consultation on these proposals. The introduction of these changes to the financial eligibility tests for funding in civil cases will move towards alignment of the eligibility limits for all levels of publicly funded legal services, provide simplified means testing arrangements for both applicants and suppliers and ensure a fair balance between publicly and privately funded litigants.We are raising the income and capital threshold for Legal Help so that an estimated 5 million more people can get the advice and assistance on everyday problems that they need. We will not be introducing contributions for Legal Help so all eligible clients will be able to receive legal advice entirely free of charge.We have listened carefully to the responses and we will not be introducing capital contributions from equity at the present time. We believe the implementation of these proposals might deter low-income homeowners from seeking legal advice.We will fully equalise the income eligibility limit for Legal Help with Legal Representation as soon as it financially prudent to do so. This will bring a further 2 million people into the scope of the Community Legal Service Fund.The cost of these changes is £30 million over three years. We have been able to spend this money on increasing eligibility because of the success of our legal aid reforms in controlling and refocusing expenditure on priorities.We undertook to consult on the new eligibility limits for all levels of service once they were available, and a consultation paper has been published today. Consultation will run until 1 May 2001. These changes will he implemented on 1 October 2001.

Court Service Annual Report

asked Her Majesty's Government:When they intend to publish the Court Service annual report for 1999–2000. [HL 1094]

The Court Service annual report for 1999–2000 has been published today and copies have been placed in the Libraries of both Houses.

Contaminated German Meat: Returned Consignment

asked Her Majesty's Government:Whether the 41 tonnes of German meat contaminated with spinal cord confiscated by Northern Ireland Food Standards Agency officials will be dyed as unfit for human consumption before being returned to Germany. [HL512]

The Parliamentary Under-Secretary of State, Department of Health
(Lord Hunt of Kings Heath)

We are advised by the Food Standards Agency that the German meat concerned was not dyed as unfit for human consumption before being returned to Germany.

Eu Economic And Monetary Policy Controls

asked Her Majesty's Government:What additional requirements in the conduct of economic and monetary policy to those laid down in Title VI of the Treaty of European Union have been introduced by the 1997 Growth and Stability Pact. [HL888]

I refer the noble Lord to Council Regulation EC No. 1466/97 of 7 July 1997, which strengthens the surveillance and co-ordination of member states' economic policies, and to Regulation EC No. 1467/97, also of 7 July 1997, which clarifies the implementation of the excessive deficits procedure. These regulations (then proposals) were submitted to Parliament under cover of a comprehensive Explanatory Memorandum on 3 June 1997.

Weapons Collection And Combatant Reintegration Programmes

asked Her Majesty's Government:Which projects they are supporting for collecting and destroying weapons and for demobilising and reintegrating combatants (a) in Africa and (b) elsewhere. [HL342]

The Department for International Development (DFID) is supporting a number of projects which are aiding the collection and destruction of weapons and the demobilisation and reintegration of combatants. This activity is regarded as an increasingly critical component of both conflict prevention and development.In Africa, DFID has funded the Programme for Co-ordination and Assistance for Security and Development, which is operating in West African states. The project includes the collection and destruction of surplus weapons, establishment of a database and regional arms register and training programmes for the military, security and police forces.DFID is funding Saferworld to develop strategies and programmes addressing the proliferation of small arms and to strengthen the co-operative efforts to prevent conflict in Southern Africa and the Horn of Africa—as well as Central and Eastern Europe, South Eastern Europe and the Trans Caucasus. This programme also involves working collaboratively with southern NGOs, including the Institute of Security Studies in South Africa. As part of the programme two workshops will be held in the Horn of Africa and Great Lakes Region later this year. The workshops will engage officials in the region and will specifically address demobilisation and reintegration as well as weapons collection and destruction. DFID is also continuing support of Sierra Leone's Disarmament and Reintegration Programme, including the provision of technical assistance.Elsewhere, DFID has provided funds for the pioneering United Nations Development Programme project "

Weapons in Exchange for Development" in Albania.

Under the proposed "Global Conflict Prevention Pool Initiative", DFID, the Foreign and Commonwealth Office and the Ministry of Defence have developed a joint strategy for curbing small arms misuse. A central component of this strategy will be to provide weapons collection and stockpile management systems.

Medicine Prices In Developing Countries

asked Her Majesty's Government:What action they are taking to encourage drugs companies to set prices of patented medicines in developing countries at levels that reflect social need and the ability of people to pay. [HL783]

Affordable prices are a key component of strategies to improve access to essential medicines in developing countries. The Government believe that negotiations with, and providing increased incentives to, the pharmaceutical industry will have a greater impact on prices and access than reducing patent life (which may have a negative impact on research and development investment). At the International Action Against Child Poverty Conference (February 26), the Government announced a proposal for a new and innovative global purchase fund for drugs and vaccines. This will increase access by providing a strong incentive to the pharmaceutical industry to deliver affordable medicines. We are considering a range of policy options with the industry, including tiered pricing agreements (selling drugs more cheaply in poor countries), tax measures including tax credits, and common purchase funds.The Government are already contributing to international partnerships between the public and private sectors, which results in reduced prices in developing countries. The Government also welcome the Accelerating Access to HIV/AIDS-related Care and Treatment Initiative. This partnership between UNAIDS and a group of pharmaceutical companies is reducing the cost of anti-retroviral drugs for AIDS in developing countries. This is a useful first step, although more needs to be done in terms of transparency and further price discounts. The price of drugs is one component of access. The Government also continue to work with developing country governments to strengthen basic health systems, without which the poorest will be unable to access the necessary drugs.

China: Population Control

asked Her Majesty's Government:Whether they intend to support the Bush Administration's withdrawal of funding for agencies involved in China's one-child policy. [HL937]

The Government disagree with China's one-child policy. UK assistance for sexual and reproductive health anywhere in the world is provided in support of the principles of free and informed choice. Our annual grants to the United Nations Population Fund (UNFPA) and the International Planned Parenthood Federation (IPPF) support their work throughout the world, including China. Both organisations have programmes in China aimed at promoting better understanding of international standards in reproductive health. We will continue to work in partnership with these organisations to try to secure greater respect for reproductive rights in China.

asked Her Majesty's Government:Whether, in the light of reports from Hubei Province, China, of the murder of a baby by population enforcement officials, they will consider the funds they provide to organisations which, in turn, fund the Chinese Population Association. [HL936]

Both the United Nations Population Fund (UNFPA) and the International Planned Parenthood Federation (IPPF) are working in China to promote understanding and adoption of internationally agreed standards in reproductive health.

The incident in Hubei Province is deplorable, and the Government remain concerned about reports of reproductive abuses and other human rights abuses in China. But we also believe that programmes of the kind supported by UNFPA can contribute to improving policy and practice, and to helping to bring about a climate where coercion and abuse will no longer be tolerated.

Donations To Political Parties: Disclosure

asked Her Majesty's Government:Whether donations made to a political party on or before 7 February would be subject to rules of disclosure introduced by the Political Parties, Elections and Referendums Act 2000. [HL918]

The requirements to record and, where necessary, disclose donations came into force from 16 February under the Political Parties, Elections and Referendums Act (PPER), and apply only to donations received on or after that date.

Immigration Advisers And Service Providers: Regulation

asked Her Majesty's Government:What progress they have made in establishing the scheme of regulation for immigration advisers and service providers. [HL1095]

The Office of the Immigration Services Commissioner published a Code of Standards, Guidance to Advisers on Competencies, The Commissioner's Rules and a Complaints Scheme in October 2000. An office has been established at 6th Floor, Fleetbank House, 2–6 Salisbury Square, London EC4Y 8JX. Application packs for registration and exemption have also been sent to advisers and organisations known to the commissioner's office. The commissioner is about to start a publicity campaign designed to ensure that those who are required to make an application to him know of the need to do so.We are pleased to announce that, following discussion with the commissioner, we propose to bring the remaining provisions of Part V of the Immigration and Asylum Act 1999 into force on 30 April 2001.The commissioner has, however, made representations to me about a large number of voluntary organisations which provide immigration advice and services and are committed to applying for the Community Legal Services Quality Mark. Organisations which have gained this Quality Mark are regarded as having met some of the Immigration Services Commissioner's requirements as set out in the Code of Standards. The Government have no wish to impose unnecessary regulatory demands on voluntary organisations which are already committed to a recognised quality programme, and we propose to make an order under Section 84(4)(d) of the Immigration and Asylum Act 1999. As a result of this order, voluntary bodies which commit themselves to the Community Legal Services Quality Mark before 30 April 2001 will not breach the general prohibition on providing immigration advice or services which will come into force on that date. The protection for qualifying voluntary bodies will cease to have effect on 31 January 2002. The understanding will be that, by this date, the voluntary bodies will have applied to the Office of the Immigration Services Commissioner for exemption from the regulatory scheme and that successful applicants will be included in the commissioner's list of exemptions.Other candidates for inclusion in a Section 84(4)(d) order remain under consideration.

Prisoners: Facilitation Of Family Contact

asked Her Majesty's Government:How many prisoners are detained more than 100 miles from their next of kin, giving separate figures for men and women; and what efforts they are making to facilitate visiting by families of such prisoners, especially those with young children. [HL963]

The Prison Service does not have home address records for every prisoner in its custody. In cases where prisoners do not provide their home address, the committal court town is used as a proxy. On this basis, the most recent figures available show that approximately 10,400 male prisoners and 600 female prisoners are held over 100 miles away from their home or proxy home address.The Prison Service places great importance on prisoners maintaining close ties with family and friends, and does everything possible, within the current population pressures, to ensure that prisoners are allocated to a prison near to their homes. Where this is not possible, family contact is facilitated through financial assistance for travel costs. extended family visits, and the temporary transfer of prisoners closer to home to have a series of accumulated visits.

Turkish Refugees And Interpol

asked Her Majesty's Government:Whether they will take measures to ensure that refugees from Turkey living in the United Kingdom are not, where their offences are of a political nature or the charges against them are manifestly ill founded, made the subject of notices circulated by Interpol at the request of the Turkish authorities. [HL976]

The Government make every effort to ensure that the facilities of law enforcement agencies, such as the International Criminal Police Organisation (Interpol), are used properly and effectively. Interpol was established as an independent agency to facilitate international police co-operation. Ultimately, the Secretary General of Interpol is responsible for the day-to-day management of the organisation and he is answerable to the Interpol General Assembly, its supreme governing body. Under Article 2 of its constitution, Interpol aims to ensure, and promote, the widest possible mutual assistance between all criminal police authorities, within the limits of the laws existing in the different countries and in the spirit of the Universal Declaration of Human Rights. Among the limits of its actions, which are laid down in Article 3, it is strictly forbidden for the organisation to undertake any intervention or activities of a political, military, religious or racial character.The Government attach importance to cooperation with other national and international law enforcement agencies in the fight against crime. Any assistance provided to law enforcement agencies outside the United Kingdom is done in strict accordance with our law.