House of Commons Hansard Debates for 26 Apr 1993

The Solicitor-General : Yes, information technology is used in out- of-court inquiries as well as in the presentation of evidence in court. When pursuing inquiries it is useful to bring together a wide range of information to see what factors there are in common.

Right to Silence

31. Mr. Bennett : To ask the Attorney-General if he will make a further statement about the right to silence.

The Attorney-General : The report of the royal commission is expected within a few months. The ability of the court to draw inferences from silence will no doubt form part of its careful scrutiny.

Mr. Bennett : Does the Attorney-General accept that this is extremely dangerous? The royal commission was set up because of the misuse of confessions and how they are extracted and to increase the pressure on defendants to say something could be extremely dangerous. Would not it be far better to take up the evidence in today's report that the police should be much better trained in the questions that they ask, so as to ensure that we get justice, than to remove the right to silence?

The Attorney-General : I do not think that the one is exclusive of the other. Today's report, which is a matter for

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my right hon. and learned Friend the Home Secretary, has its merits. Many of us have heard senior policemen say much the same. In respect of the right to silence, I would just add that there is a widespread feeling that it is right not only that the prosecution should clarify the issues at the outset of the case, but that the defence should do so, too. If that is what is required and the defence fails to do so, there has to be some comment. The fair and balanced way in which this was achieved in the recent case of Murray, showing how any inroads into the so-called rights of silence should be treated, may provide a useful model.

Dame Elaine Kellett-Bowman : Does my right hon. and learned Friend accept that it is quite intolerable, when children have been abused or even murdered, that both persons responsible should get off scot free by remaining silent?

The Attorney-General : I certainly accept, understand and share my hon. Friend's frustration when a lack of evidence causes that to happen. It is partly a question of investigation, but it is essential in the most horrible and serious cases not merely that people be brought to justice, but that, if they are, we can be satisfied that we really have the guilty person.

Mr. Maclennan : Does the Attorney-General accept that the lack of a right of silence would contradict the presumption of innocence that is the bedrock of our criminal justice system? Although I do not expect him to comment in full on the research report No. 16 published by the royal commission today, will he at least draw attention to the quite unexpected finding in it--that the right to silence needs to be strengthened to protect those who are charged?

The Attorney-General : With respect to the hon. Gentleman, I think that there is some confusion in his question. When we talk about the so- called right to silence, we are really discussing whether there should be a right to comment in the event that someone, after due warning, has chosen not to speak. That is entirely different from reversing the burden of proof.

Sir Thomas Arnold : Does my right hon. and learned Friend agree that there is a particular problem in respect of fraud cases with section 2 of the Criminal Justice Act 1987?

The Attorney-General : Society has decided through Parliament that in relation to very serious frauds people should be asked questions and should be criminally liable if they refuse to answer them. From the experience of recent years, I am quite satisfied that that is an important right which society should give to the investigator, and it has played an important part in ensuring that guilty fraudsters are brought to justice.

OVERSEAS DEVELOPMENT

Non-governmental Organisations

36. Mr. Thurnham : To ask the Secretary of State for Foreign and Commonwealth Affairs what co-operation is undertaken between the ODA and British non-governmental organisations operating in developing countries.

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The Parliamentary Under-Secretary of State for Foreign and Commonwealth Affairs (Mr. Mark Lennox-Boyd) : The main forms of co-operation undertaken between the ODA and British non-governmental organisations are in long-term development, disaster and refugee relief, food aid, and the volunteer programme. In 1991-92, the ODA spent over £123 million in support of these activities.

Mr. Thurnham : Will my hon. Friend join me in congratulating Oxfam and many other British charities on their excellent work overseas? Will he confirm that the Government will continue to work with those charities in supporting their emergency and long-term development work?

Mr. Lennox-Boyd : Yes. I recognise that the NGOs play a critical role in emergency relief and in the development process. The ODA's confidence in that role is reflected by the fact that in about two years provision has doubled from £65 million to the £123 million that I mentioned.

Dr. Kim Howells : Will the Minister ensure that money given by the Government to workers in the field gets directly to them and does not disappear into the various sinks of corruption which all too often constitute central government in some of the countries that receive the aid?

Mr. Lennox-Boyd : One of the advantages of disbursement through NGOs is that they can monitor the situation. We find that that is an immensely successful way of disbursing aid effectively.

British Goods

38. Mr. Nicholas Winterton : To ask the Secretary of State for Foreign and Commonwealth Affairs what steps he is taking to ensure that where British aid is used by a foreign country for the purchase of imported goods, those contracts are placed with British companies.

Mr. Lennox-Boyd : Goods imported under British bilateral aid are for the most part supplied from Britain.

Mr. Winterton : Does my hon. Friend accept that many companies that support the objectives of the Manufacturing and Construction Industries Alliance, which has been formed by hon. Members from all parties, industrialists and trade unionists, have greatly benefited from what I would describe as aid-linked export projects? Does he also accept that the more that British industry, whether consultants, manufacturing or construction, benefits from the money that the United Kingdom gives to overseas aid, the more overseas aid will be supported because people will realise that there is a continuing benefit to the United Kingdom from the aid that my hon. Friend's Department gives to needy countries?

Mr. Lennox-Boyd : I agree with my hon. Friend. The more that British people appreciate the benefits that accrue to British industry, the more generous they will be with aid. In multilateral aid terms, the latest estimate is that for every £1 in United Kingdom contributions we gain £1.20 in orders. We do extremely well because of the reasons that my hon. Friend has given. About 70 per cent. of our bilateral aid is tied.

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European Commission

39. Mr. Enright : To ask the Secretary of State for Foreign and Commonwealth Affairs what discussions are currently in progress between the Council of Ministers and the European Commission on the reorganisation of the Commission's services for dealing with aid matters ; and if he will make a statement.

Mr. Lennox-Boyd : The reorganisation of the Commission's services dealing with aid matters is an internal matter for the European Commission.

Mr. Enright : The Minister will, nevertheless, be aware that the renovation of buildings and the integration of services have had an effect on the morale of some staff working for the Commission. It is crucial that the Council of Ministers, as well as Parliament, monitors what is happening to make sure that it is effective and, above all, integrated properly. Will he give us an assurance that that will happen?

Mr. Lennox-Boyd : I am aware of what the hon. Gentleman is speaking about and I know that he speaks with expertise, having worked for the European Community in those sectors. I appreciate that directorates general I and VIII are under the same Commissioner's responsibility and I agree that it is appropriate that the Council of Ministers, Members of this Parliament and other national Parliaments and Members of the European Parliament should monitor the acts of the European Commission in its expenditure.

Mr. Robert Hughes : Is the Minister aware that the Commission's aid policy must be governed by foreign policy? Is he also aware of the desperate need for humanitarian aid in Angola and that the delivery of such aid has been frustrated by the incapacity and unwillingness of Mr. Savimbi of UNITA to accept the Bicesse accords and the writ of the United Nations?

Mr. Lennox-Boyd : I appreciate the hon. Gentleman's point. Sometimes it is impossible to deliver aid to areas in great humanitarian need, because of the political problems and the failure of political leaders, who could influence the situation, to take appropriate action.

Mr. Lidington : Will my hon. Friend assure the House that Her Majesty's Government will continue to criticise constructively the Commission's aid programme, to make sure that both donor and recipient countries get the best possible value for every pound or ecu that is spent?

Mr. Lennox-Boyd : Yes. During the British presidency, important work was undertaken on development co-operation in the European Community. In particular, the Development Council adopted a declaration on aspects of development co-operation policy to the year 2000 and established work programmes to examine our existing policy and to improve the effectiveness of European Community expenditure money through better co-ordination between nation states and the Commission.

Mr. Worthington : The Minister should be more forthright. Is not he aware that there is widespread criticism of the policy of the existing Development Commissioner, who is losing the confidence of Europe over the distribution of aid? Should not the Minister be making it clear, as more and more of our aid is being

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distributed through Europe, that we expect the same quality of distribution of aid by the EC as we would expect from our own Departments?

Mr. Lennox-Boyd : It would not be right for me to endorse the hon. Gentleman's remarks in public, but we take every opportunity to press the European Community on where we feel that improvements in policy could be made. For example, we have expressed our concern about the European Community humanitarian office and we have debated the matter. We are concerned that it has a narrow definition of emergency relief and we are concerned about several aspects of its implementation.

Western Sahara

41. Mr. Corbyn : To ask the Secretary of State for Foreign and Commonwealth Affairs what aid has been given to refugees from the western Sahara ; and if he will make a statement.

Mr. Lennox-Boyd : The United Nations High Commissioner for Refugees has a $3.5 million programme for Saharawi refugees in Algeria ; food aid is provided additionally by the World Food Programme at a cost of $2.5 million.

Mr. Corbyn : Is not it a tragedy that the Saharawi people have had to spend nearly 20 years living in refugee camps in exile in Algeria? Is not it high time that a referendum was held so that the people of western Sahara

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can decide their own future? Will the Minister undertake to put pressure on the Government of Morocco to persuade them to cease their silly games over the make-up of the electoral roll under which the referendum can be held, so that the United Nations can supervise a referendum that can decide on the peaceful future of western Sahara and allow those poor unfortunate people stuck in refugee camps to return to their homes?

Mr. Lennox-Boyd : As the hon. Gentleman is aware, the Government have adopted a policy of strict neutrality between all the parties. However, I very much agree that the referendum is the way forward and, therefore, essential. As the hon. Gentleman will also be aware, Security Council resolution 809, which was adopted unanimously on 2 March, invited the Secretary-General to intensify efforts to resolve the problems of, in particular, voter eligibility, so that the referendum could take place. It must take place.

Sir David Steel : Can the Minister give the House an undertaking that British personnel who are assisting United Nations operations in the western Sahara will not be withdrawn pending the forthcoming visit of the United Nations special representative?

Mr. Lennox-Boyd : The position with MINURSO--the United Nations mission for the referendum--to which we have attached 15 military observers at a cost of £4.75 million annually, is that we have agreed to extend current deployment until September.

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