House of Commons Hansard Debates for 14 Jun 1989

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Winter

Rear Fog Lamps

VAT

Mr. Battle : To ask the Chancellor of the Exchequer, pursuant to his reply to the hon. Member for Argyll and Bute (Mrs. Michie) on 13 March, Official Report, column 61, if he is yet in a position to inform the House of the outcome of the discussions on European Community proposals for imposing value added tax on goods and clothing sold in charity shops ; and if he will make a statement.

Mr. Lilley : No. The Commission announced its revised thinking on indirect taxation in the single market on 17 May. It now accepts that some zero rates may be retained. This is clearly a step forward and in indication of our firm stance and we welcome it. However, the Commission's new proposals need much more clarification before we can take a view on them. Fortunately because changes to EC tax law require the unanimous agreement of the member states, there is no question of the Commission's proposals being forced upon us.

Dr. Marek : To ask the Chancellor of the Exchequer what has been decided to date in the discussions in the Economic and Finance Committee on the approximation of value added tax rates and the harmonisation of customs and excise duties : and if he will make a statement.

Mr. Lilley [holding answer 12 June 1989] : The Council of Economic and Finance Ministers have discussed these matters, which will be discussed again at a future ECOFIN Council. No decisions have been taken.

HOME DEPARTMENT

Regional Passport Offices

Dr. Hampson : To ask the Secretary of State for the Home Department if he will consider meeting the seasonal pressure of applications by the establishment of passport office facilities in Leeds for those seeking passports who live east of the Pennines ; and if he will make a statement.

Mr. Renton : There are at present six regional passport offices in the United Kingdom. Since the great majority of passport applications are usually dealt with by post, the location of the issuing office is not normally a significant factor in determining the speed of service. We shall, however, be reviewing the location and number of offices later this year. My right hon. Friend announced on 6 June in reply to a question from the hon. Member for Bolton, South-East (Mr. Young) at columns 47-8 a number of measures which are being taken to ease the present problem of delays at the passport offices.

Handel Telephone Line System

Mr. Bill Michie : To ask the Secretary of State for the Home Department what effect problems with the Handel telephone line system will have on the United Kingdom Warning and Monitoring Organisation's ability to activate the national network of air-raid sirens from July of this year ; and if he will make a statement.

Mr. John Patten : Improvements which British Telecom are making to the telephone network, which carries links

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in the warning system, will not affect the United Kingdom Warning and Monitoring Organisation's ability to activate the national network of sirens.

Electronic Surveillance Schemes

Mr. Allen : To ask the Secretary of State for the Home Department if he will take steps to ensure that a refusal to agree to participate in an electronic surveillance scheme will not be held to be a breach of bail conditions.

Mr. John Patten : During the trial schemes electronic monitoring will not be offered to defendants unwilling to participate : the question of subsequent breach of a bail condition should not arise.

Mr. Allen : To ask the Secretary of State for the Home Department what estimate he has made of the impact on the incidence of domestic violence or alcohol consumption of persons participating in electronic surveillance schemes.

Mr. John Patten : None.

AIDS

Mr. William Powell : To ask the Secretary of State for the Home Department (1) how many persons who have been prisoners and subsequently released have been diagnosed as HIV positive ; (2) how many prisoners currently in Her Majesty's prisons have been diagnosed as HIV positive.

Mr. Douglas Hogg : On 12 June 1989 the prison population of England and Wales included 63 prisoners reported as having been identified as HIV antibody positive. A total of 174 such prisoners had been released since reporting began in March 1985.

Colin Wallace

Mr. Livingstone : To ask the Secretary of State for the Home Department whether he has concluded his consideration of the conviction of Mr. Colin Wallace for manslaughter in the light of evidence of a conspiracy to pervert the course of justice set out in the book entitled "Who Framed Colin Wallace" by Mr. Paul Foot, referred to in his written reply to the hon. Member for Brent, East of 15 May, Official Report, column 96.

Mr. John Patten : We are considering the material contained in Mr. Foot's book. When this has been carefully examined we will decide whether any action is called for in respect of Mr. Wallace's conviction.

War Crimes Inquiry

Mr. John Marshall : To ask the Secretary of State for the Home Department when he will make a statement about the Government's response to the war crimes inquiry.

Mr. Hurd : I refer my hon. Friend to the reply given to the hon. Member for Walsall, North (Mr. Winnick) on 8 June 1989 at column 215.

Police Manpower (Derbyshire)

Mr. Oppenheim : To ask the Secretary of State for the Home Department what was the figure for police manpower in Derbyshire in 1979 ; and what is the latest figure available.

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Mr. Douglas Hogg : The information requested is as follows :


-----------------------------

31 December 1979 |1,757      

30 April 1989    |1,798

Immigration

Mr. Burt : To ask the Secretary of State for the Home Department what proposals he has for the use of DNA testing in immigration cases ; and if he will make a statement.

Mr. Hurd : I announced in July 1988 that DNA profiling appeared to be the most accurate available method of determining parentage in immigration cases, and that we would continue to accept the results of DNA tests commissioned by applicants themselves. Since then, many hundreds of cases have been satisfactorily determined on that basis. In the light of the experience we have gained from this, my right hon. and learned Friend the Foreign Secretary and I have concluded that there is scope for introducing DNA testing into the entry clearance process more generally as a means of resolving relationship disputes. We have therefore set in hand the necessary arrangements with the view to the implementation of a Government scheme later this year in relation to first-time settlement applicants.

DNA testing will not be offered as a matter of routine. We envisage that entry clearance officers will offer to arrange tests, with the consent of the applicant and sponsor, in cases where the relevant relationships could not easily be demonstrated by other means. If an applicant or his sponsor declines to undergo a test that would not of itself be a ground for refusing the application. But if an entry clearance officer is not satisfied as to relationship on the basis of the evidence before him, these arrangements will provide applicants with an opportunity to resolve the matter by taking a DNA test. DNA tests will be carried out, as at present, by independent scientific experts on a commercial basis. The level of the fee to be charged for application will need to strike a balance between not imposing too great a burden either on the individual applicant or on the taxpayer. My right hon. Friend and I will work up arrangements for financing a centrally-organised scheme on this basis. A number of cases have come to light where an applicant previously refused entry as a child (frequently after appeal to the independent appellate authorities), on the ground that there was no satisfactory evidence as to relationship, is now able to establish relationship by means of DNA evidence but is now over 18 and does not satisfy the requirements in the rules relating to the admission of adults. I do not believe that it would now be right to waive those requirements as a matter of course in all such cases, irrespective of the applicant's present age or circumstances. Previous decisions, including those of the appellate authorities, were taken in good faith on the basis of the information available at the time. There can be no automatic presumption that applicants now established as related after all should be admitted regardless of current circumstances. We have always distinguished between children, who are readily admitted to join parents here,

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and adults, who will be admitted to join parents or relatives only in certain exceptional circumstances. Someone who was refused admission as a child when DNA was not available but has later established the claimed relationship should not by virtue of that fact automatically qualify for admission if the other qualification, namely childhood, is no longer fulfilled.

I do not propose any change in the rules which would have the effect of blurring this fundamental distinction, which has been a settled feature of our immigration policy for many years. In many cases over-age applicants are likely to have settled into independent adult life and may also have married and established a family of their own overseas and I do not propose to waive the requirements of the rules in these cases.

However, in the context of outstanding and future re-applications I am prepared to consider waiving the requirements of the rules in certain circumstances. To be eligible for such consideration a re-applicant aged 18 or over will have to show :

(a) that he was refused entry clearance as a child on relationship grounds ;

(b) that DNA evidence establishes that he was, after all, related as claimed ;

(d) that there are compassionate circumstances in his case. I shall not regard the fact that a re-applicant was refused entry clearance as a child on relationship grounds on any earlier occasion and was therefore unable to join his sponsor in the United Kingdom as satisfying the requirement that there be compassionate circumstances.

In deciding whether to waive the requirements of the rules in cases which fall into this category I will consider all circumstances of the case including in particular :

(a) the degree and nature of the dependency ;

(b) the extent and nature of the compassionate circumstances ; (

(d) whether other close family members, such as siblings, are already settled in the United Kingdom ;

(e) the lapse of time between the original application and the re- application.

In considering the compassionate circumstances of the case, I will attach greater weight to compassionate circumstances relating to the situation of the re-applicant abroad than I will to those relating to the situation of his sponsor in the United Kingdom.

Mr. Nicholas Bennett : To ask the Secretary of State for the Home Department whether he intends to lay before Parliament changes to the immigration rules.

Mr. Hurd : I have today laid before Parliament a statement of changes in the immigration rules in consolidated form. The main changes of content are the introduction of a visa requirement for nationals of Turkey and Haiti ; curtailing the ability of visa nationals to switch after arrival from visitor to student status ; and a provision relating to the status of husbands of women admitted for employment or business. The changes are due to enter into force with effect from 8 July 1989, except for the visa requirement for Turkish nationals, which takes effect from 23 June 1989. A full explanatory statement listing all the changes of content and the reasons for them is available in the Vote Office.

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Dogs

Dame Janet Fookes : To ask the Secretary of State for the Home Department if he has any proposals to strengthen the law on dangerous dogs.

Mr. Hurd : Under the Dogs Act 1871, if a court finds that a dog is dangerous and not kept under proper control it may order the dog to be kept under proper control or destroyed.

My right hon. and learned Friend, the Secretary of State for Scotland and I have concluded that the penalties by which the Act is enforced ought to be strengthened. Subject to there being a legislative opportunity, we have in mind (i) giving the court a new power to order that the dog is destroyed by a person nominated by the court ; (ii) substantially increasing the penalties for failing to comply with an order either to keep the dog under proper control or to destroy the dog ; and (iii) giving the court a further power to ban the person against whom an order is made from owning or keeping a dog.

Probation

Mr. Vaz : To ask the Secretary of State for the Home Department what plans the Government have for making a more concerted national network of probation service projects for offenders, in place of the current localised system.

Mr. John Patten [holding answer 6 June 1989] : Steps are being taken to introduce more consistency in the work of the probation service and to disseminate good practice to all probation areas. National standards for the operation of community service orders were brought into effect in April, and all probation areas have been asked to develop action plans for the supervision of young adult offenders within guidelines issued by the Home Office. Ten probation areas have been invited to set up intensive probation projects which will be monitored centrally. Practice guidelines were issued to the probation service in 1988 on accommodation for offenders and the care for young offenders sentenced to custody.

The Government are considering developments in the probation service in the light of proposals made in the Carlisle report on parole and the Home Office's Green Paper "Punishment, Custody and the Community".

FOREIGN AND COMMONWEALTH AFFAIRS

Eastern Europe

14. Mr. Redwood : To ask the Secretary of State for Foreign and Commonwealth Affairs if he will make a statement about British relations with eastern Europe.

Mr. Waldegrave : Our relations with the countries of eastern Europe are as varied as the countries themselves. We naturally have the closest relations with those whose systems and values come closest to our own. We welcome the substantial steps towards freedom and democracy taken recently in Hungary and Poland.

Cocaine

16. Mrs. Maureen Hicks : To ask the Secretary of State for Foreign and Commonwealth Affairs what efforts have been made to co-ordinate international action against traffic in cocaine.

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Mr. Eggar : We discussed the growing threat from cocaine with our European partners at an extraordinary ministerial meeting of the Council of Europe's Pompidou Group in London on 18-19 May. My right hon. Friend the Home Secretary, announced our willingness to host an international conference in London in 1990 on demand reduction in the context of the threat from cocaine.

Anglo-Soviet Relations

17. Mr. Ian Taylor : To ask the Secretary of State for Foreign and Commonwealth Affairs if he will make a statement on Anglo-Soviet relations.

Mr. Waldegrave : In the last four years there has been a major improvement in Anglo-Soviet relations. We have developed a worthwhile political dialogue and many useful lower level contacts. But the recent expulsions have shown that serious problems remain in some areas.

George Samoilovich

19. Mr. John Marshall : To ask the Secretary of State for Foreign and Commonwealth Affairs what representations have been made to the Russian Government about their failure to grant an exit visa to the family of George Samoilovich.

Mr. Waldegrave : Her Majesty's embassy in Moscow has asked the Soviet authorities for a full clarification of the Samoilovich family's position.

Kurds (Asylum)

20. Mr. Corbyn : To ask the Secretary of State for Foreign and Commonwealth Affairs what representations he has made to the Government of Iraq and Turkey concerning Kurdish asylum seekers.

Mr. Waldegrave : We have made no recent representations to the Iraqi or Turkish Governments concerning specific Kurdish asylum cases though no one can be in any doubt about our concern over human rights and the problem of Kurdish refugees.

Namibia

21. Mr. Pike : To ask the Secretary of State for Foreign and Commonwealth Affairs what recent reports he has received with regard to the implementation of United Nations resolution 435 in Namibia.

Mrs. Chalker : We receive regular reports from our diplomatic missions in Southern Africa and are in frequent contact with all those involved in the implementation of the United Nations plan for Namibian independence.

22. Miss Lestor : To ask the Secretary of State for Foreign and Commonwealth Affairs what representations he has made to the United Nations and South Africa regarding the timetabled withdrawal of South African troops from Namibia in keeping with United Nations resolution 435 on Namibia.

Mrs. Chalker : The phased withdrawal of South African forces from Namibia is proceeding in accordance with the United Nations plan. We have urged the South African Government to ensure that this remains the case, and fully support the efforts of the United Nations Secretary General and his special representative.

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48. Mr. Cousins : To ask the Secretary of State for Foreign and Commonwealth Affairs when he last met the United Nations special representative for Namibia ; and what was discussed.

Mrs. Chalker : My right hon. and learned Friend has not recently met the United Nations special representative for Namibia. My right hon. Friend the Prime Minister met Mr Ahtisaari in Windhoek on 1 April and discussed with him the implementation of the United Nations plan for Namibian independence.

53. Mr. Robert G. Hughes : To ask the Secretary of State for Foreign and Commonwealth Affairs what progress has been made on the implementation of the settlement in Namibia.

Mrs. Chalker : We welcome the recent progress on the implementation of the United Nations plan for Namibian independence. Agreement has been reached on the repeal of discriminatory legislation and the declaration of an amnesty. The repatriation of Namibian refugees began on 12 June. South African forces are being withdrawn from Namibia according to the United Nations plan.

M. Jacques Delors

23. Mr. Galloway : To ask the Secretary of State for Foreign and Commonwealth Affairs when he last met M. Jacques Delors and what was discussed.

27. Mr. Alex Carlile : To ask the Secretary of State for Commonwealth Affairs when he last met M. Jacques Delors ; and what subjects were discussed.

Mrs. Chalker : My right hon. and learned Friend met M. Delors at the Foreign Affairs Council on 12 June. I refer the hon. Member to my right hon. and learned Friend's reply of today to the hon. Member for Merthyr Tydfil and Rhymney (Mr. Rowlands) reporting the outcome.

Austria

24. Mr. Amos : To ask the Secretary of State for Foreign and Commonwealth Affairs if he will make it his policy to have discussions with the Austrian Foreign Secretary to encourage Austria to submit an application to join the European Economic Community.

Mrs. Chalker : It is for the Austrian Government alone to decide whether to submit an application to join the European Community, taking account of the economic and political obligations of membership.

Middle East

25. Mr. Neale : To ask the Secretary of State for Foreign and Commonwealth Affairs if he will make a statement on the middle east peace process.

32. Mr. Dykes : To ask the Secretary of State for Foreign and Commonwealth Affairs if he will make a statement about the peace process in the middle east.

34. Mr. Adley : To ask the Secretary of State for Foreign and Commonwealth Affairs if he will make a statement on the middle east peace process following the visit of the Israeli Prime Minister to London.

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Mr. Waldegrave : Mr. Shamir's election proposals are a step forward. It is now for the Israelis to develop them as part of a process leading to negotiations on the basis of land for peace, and for the PLO to respond constructively.

49. Mr. Hind : To ask the Secretary of State for Foreign and Commonwealth Affairs if he will make a statement about Soviet involvement in the middle east peace process.

Mr. Waldegrave : We welcome all efforts, including those of the Soviet Union, to build confidence between the parties to the Arab/Israel dispute and to prepare the way for negotiations. Improved Soviet/Israeli relations can contribute to this.

63. Mr. Grocott : To ask the Secretary of State for Foreign and Commonwealth Affairs whether he has any plans to meet Mr. Yasser Arafat to assist the peace process in the middle east.

Mr. Waldegrave : We are certainly ready for further meetings with the PLO when they can serve a useful purpose. But my right hon. and learned Friend the Secretary of State has no plans at present for a meeting with Mr. Arafat.

64. Sir Dennis Walters : To ask the Secretary of State for Foreign and Commonwealth Affairs if he will make a statement on progress towards peace in the middle east.

Human Rights (Romania)

26. Mr. David Nicholson : To ask the Secretary of State for Foreign and Commonwealth Affairs what representations have been made by Her Majesty's Government about the abuse of human rights in Romania ; and if he will make a statement.

Mr. Waldegrave : There has been no improvement in the Romanian Government's lamentable human rights practices. My right hon. and learned Friend raised this matter with the Romanian ambassador on 9 May.

The leader of our delegation to the Paris Conference on the human dimension of the CSCE drew attention to Romania's deplorable human rights record in his opening statement on 31 May.

EC Commissioners

28. Mr. Norman Hogg : To ask the Secretary of State for Foreign and Commonwealth Affairs when he next expects to meet the British members of the European Commission ; and what issues will be discussed.

Mrs. Chalker : My right hon. and learned Friend has no plans at present to meet the British members of the European Commission, but looks forward to maintaining contact with them and their fellow Commissioners.

Gibraltar

29. Mr. Colvin : To ask the Secretary of State for Foreign and Commonwealth Affairs what consultations are held with the Government of Gibraltar about reforms within the European Community which may affect their future.

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Mrs. Chalker : We are in regular contact with the Gibraltar Government over the full range of EC matters which concern Gibraltar.

NATO Summit

30. Mr. Yeo : To ask the Secretary of State for Foreign and Commonwealth Affairs if he will report on developments at the North Atlantic Treaty Organisation summit.

Mr. Waldegrave : I refer my hon. Friend to my right hon. Friend the Prime Minister's statement to the House on 6 June.

Palestine

31. Mr. Marlow : To ask the Secretary of State for Foreign and Commonwealth Affairs what is the ro le of the United Kingdom with regard to the achievement of Palestinian self-determination.

Mr. Waldegrave : We shall continue to work for a just and durable solution to the Arab/Israel dispute which takes account of the Palestinians' right of self-determination as well as Israel's right to security.

Argentina

33. Mr. Cyril D. Townsend : To ask the Secretary of State for Foreign and Commonwealth Affairs if he will make a statement on Britain's relations with Argentina.

Mr. Eggar : We remain committed to seeking more normal relations with Argentina, while upholding our commitment to the Falkland Islanders. We believe it should be possible for both countries to benefit by working together on practical matters such as trade, air and sea links and fisheries conservation, leaving the issue of sovereignty, which most divides us, aside.

Since 1982 we have accordingly taken a series of initiatives, but the Argentine response so far has been disappointing. Nevertheless our offers remain open, and will still be on the table when the new President assumes power.

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