House of Commons Hansard Debates for 6 Mar 1995

Column 1

Written Answers to Questions

Monday 6 March 1995

NORTHERN IRELAND

Mr. A. K. Talwar

Rev. Ian Paisley: To ask the Secretary of State for Northern Ireland if he would make a statement on the circumstances of the dismissal of Mr. A. K. Talwar from his post as a junior doctor at Craigavon area hospital in July 1992.

Mr. Moss: It is inappropriate for Ministers to become involved or comment on a matter which rests between the employer and the individual concerned. The question has been copied to the chairman of Craigavon Area Hospital Group HSS Trust, who has undertaken to write to the hon. Gentleman.

Disabled People

Mr. McMaster: To ask the Secretary of State for Northern Ireland what is the percentage of disabled people directly employed by his Department; and if he will make a statement.

Sir John Wheeler: At 1 January 1994, 1,300 staff in the Northern Ireland civil service--4.3 per cent. of the service--self-reported a disability. Of these 476,--1.6 per cent. of the service--were, or had been, registered as disabled. In addition, 81 registered disabled people are working in the Northern Ireland civil service under the employment support programme.

Of the home civil service staff in the Northern Ireland Office, one person is known to be registered disabled--0.45 per cent. of the work force.

Social Security Policy

Mr. McMaster: To ask the Secretary of State for Northern Ireland if he will detail the main differences in the application of social security policy in Northern Ireland and elsewhere in the United Kingdom.

Mr. Moss: Northern Ireland maintains parity with Great Britain on social security policy and legislation. The social security schemes and the conditions for receiving them are therefore the same as those which apply in Great Britain, except in respect of council tax benefit legislation.

CHURCH COMMISSIONERS

Redundant Churches, Lancashire

Mr. Gordon Prentice: To ask the right hon. Member for Selby, as representing the Church Commissioners, how many redundant churches there are in Lancashire which are earmarked for sale.

Column 2

Mr. Alison: Three redundant churches and one redundant church site in Lancashire are earmarked for sale.

LORD CHANCELLOR'S DEPARTMENT

Custody Statistics

Mr. Straw: To ask the Parliamentary Secretary, Lord Chancellor's Department what was the number and percentage of defendants remanded in custody and committed for trial at the Crown court who were dealt with within 16 weeks in each year since the Prosecution of Offences (Custody Time Limits) Regulations 1987 came into force.

Mr. John M. Taylor: Information about the statutory time limits is not collected in the form requested. However, of the 23,749 defendants remanded in custody awaiting trial who were dealt with during 1994, 74.2 per cent.--about 17,630 defendants--waited less than 16 weeks. It is not possible to provide an accurate comparable figure for earlier periods.

Legal Aid

Mr. Elletson: To ask the Parliamentary Secretary, Lord Chancellor's Department what proposals he has for improving control over the granting of criminal legal aid in magistrates courts.

Mr. John M. Taylor: A number of measures are in hand. In particular, the Lord Chancellor has today laid before Parliament regulations requiring justices clerks to keep records of all applications for criminal legal aid, showing the reasons for deciding whether individual applications should be granted or refused. These regulations will come into force on 1 May 1995.

Lay Representation

Mr. Andrew Smith: To ask the Parliamentary Secretary; Lord Chancellor's Department what plans he has to extend the provisions for lay advocacy in the county courts; and when a timetable for this project will be set.

Mr. John M. Taylor: The situation is under review. If proposals to extend the current arrangements for lay representation in the county courts are pursued, they would be put out to public consultation.

Civil Proceedings

Mr. Alex Carlile: To ask the Parliamentary Secretary, Lord Chancellor's Department if he will make it his policy to ensure that civil proceedings in respect of which the causes of action arise in the counties of Clwyd, Gwynedd, Powys and Cheshire can be tried at all stages within the Mold/Chester group of courts; and if he will make a statement.

Mr. John M. Taylor: Rules of court govern the venue for commencement of civil proceedings. Once a case is under way it may be automatically transferred to the court where the defendant lives, or, by order of a judge, to any other court. In the light of these rules, it is not possible to say that all cases where the cause of action arises in the counties listed will be tried in the Mold/Chester group of courts.

Column 3

Mr. Alex Carlile: To ask the Parliamentary Secretary, Lord Chancellor's Department if he will make a statement on the future venues for civil proceedings in respect of which the causes of action arise in the counties of Clwyd, Gwynedd, Powys and Cheshire.

Mr. John M. Taylor: The Lord Chancellor has no current proposals to change the venue rules. Any proposed changes in the future will be subject to the usual consultation process.

FOREIGN AND COMMONWEALTH AFFAIRS

Border Controls

Mr. Denzil Davies: To ask the Secretary of State for Foreign and Commonwealth Affairs, pursuant to his answer of 27 February, Official Report , columns 394 95 , if Her Majesty's Government are seeking to be orally represented in their own right before the European Court of Justice at the oral hearing requested by the Commission in the matter regarding the abolition of border controls.

Mr. David Davis: We have submitted our written observations to the court, and intend to attend the oral hearing.

EU Human Rights Budget

Mr. Worthington: To ask the Secretary of State for Foreign and Commonwealth Affairs what is the size of the European Union approved budget for human rights work in countries in transition; and if groups in Hong Kong may apply for the use of this money.

Mr. Goodlad: The European Parliament added a new "remark" to the 1995 budget line B7-5240 to the effect that the budget line could be used to

"promote the protection of human rights in countries where there is soon to be a change of sovereignty."

We understand that the budget line, which is available for subsidies to certain activities of organisations pursuing human rights objectives, will be worth about 5 million ecu. It is for the European Commission to consider how much, if any, of this money will be spent on territories referred to by the European Parliament's remark. We understand that groups in Hong Kong may be eligible to apply for the use of this money.

Gibraltar

Mr. Cox: To ask the Secretary of State for Foreign and Commonwealth Affairs what plans he has to visit Gibraltar; and if he will make a statement.

Mr. David Davis: I have no immediate plans to do so.

Mr. Cox: To ask the Secretary of State for Foreign and Commonwealth Affairs what discussions he has had with the Chief Minister of Gibraltar as to holding a constitutional conference to consider reforms to the 1969 constitution; and if he will make a statement.

Mr. David Davis: None. My right hon. Friend the Secretary of State for Foreign and Commonwealth Affairs confirmed to the Chief Minister in a letter on 13 February that he would be willing to listen to the views of Gibraltarians and the Gibraltar Government on how the constitution might be developed. But we have always made clear that any changes would have to be realistic in the circumstances of Gibraltar.

Column 4

Turkey

Mr. Llwyd: To ask the Secretary of State for Foreign and Commonwealth Affairs what recent evaluation Her Majesty's Government have conducted in respect of the human rights situation in Turkey; and if he will make a statement.

Mr. David Davis: Turkey's human rights performance has long given cause for concern. We monitor the situation closely and take every opportunity to express our concerns to the Turkish authorities and to point out the need for reform.

Mr. Llwyd: To ask the Secretary of State for Foreign and Commonwealth Affairs how many representations he has received in the last three years from Kurdish groups situated in the United Kingdom regarding the position of Kurds living in Turkey; and if he will make a statement.

Mr. David Davis: We have received numerous representations in the last three years from Kurdish groups situated in the United Kingdom regarding the position of Kurds living in Turkey. We take every opportunity to make clear to the Turkish authorities our concern at the human rights abuses arising from the conflict in south-east Turkey.

Mr. Llwyd: To ask the Secretary of State for Foreign and Commonwealth Affairs how many representations he has received about the position of Kurds living in Turkey in the last three years; and if he will make a statement.

Mr. David Davis: We have received numerous representations in the last three years about the position of Kurds living in Turkey. We take every opportunity to make known to the Turkish authorities our concern at the human rights abuses arising from the conflict in south-east Turkey.

Mr. Llwyd: To ask the Secretary of State for Foreign and Commonwealth Affairs what representations he proposes to make to the Turkish authorities regarding the recent failure of six Kurdish Members of Parliament to have their appeal upheld; and if he will make a statement.

Mr. David Davis: The Kurdish Members of Parliament exercised their right to appeal against the sentences imposed on them in Ankara last December. We understand no date has yet been set for a further hearing.

Global Sex Trade

Mrs. Golding: To ask the Secretary of State for Foreign and Commonwealth Affairs what plans he has to raise the issue of global sex trade in women and children at (a) the United Nations conference on women in Beijing and (b) the UN social summit in Copenhagen.

Mr. Douglas Hogg: The draft declaration and programme of action to be negotiated at the world summit for social development in Copenhagen already address the issue of sexual exploitation. We support this and hope that such language will be strengthened at the fourth world conference on women in Beijing later this year.

Lockerbie

Mr. Dalyell: To ask the Secretary of State for Foreign and Commonwealth Affairs when he last met Amre Moussa, Foreign Minister of Egypt, to discuss the Lockerbie situation; and what contact he has had since.

Column 5

Mr. Douglas Hogg: I have regular discussions with the Egyptian Foreign Minister, most recently on 21 November 1994.

Mr. Dalyell: To ask the Secretary of State for Foreign and Commonwealth Affairs following his undertaking given in Glasgow on 3 February to look into the claims made by the Bradford police surgeon, Dr. David Fieldhouse, what action he has taken to verify Dr. Fieldhouse's claims about the body count at Lockerbie on 21, 22 and 23 December 1988.

Mr. Douglas Hogg: My right hon. Friend the Secretary of State for Foreign and Commonwealth Affairs undertook to look into the apparent difference between a reply he gave to a question from the hon. Member for Linlithgow during the Adjournment debate on 1 February and Dr. Fieldhouse's subsequent statement. He wrote to Dr. Fieldhouse on 13 February explaining the basis for his reply. He has also written to the hon. Member about this issue.

Mr. Dalyell: To ask the Secretary of State for Foreign and Commonwealth Affairs what information he has sought from Juge Bruguie re in France, in relation to the UTA case, with particular reference to support for a Libyan connection for Lockerbie.

Mr. Douglas Hogg: We have had regular contact with Juge Bruguie re about the UTA case ever since he began his inquiry, in the course of which he has issued warrants in respect of several Libyan nationals.

Mr. Dalyell: To ask the Secretary of State for Foreign and Commonwealth Affairs if he will enter into discussions with Dr. Esmat Abdul Meguid with a view to resolving the Lockerbie case.

Mr. Douglas Hogg: I discussed the Lockerbie issue with Dr. Meguid, the Secretary General of the Arab League, in November 1994. Her Majesty's ambassador at Cairo has regular discussions with Dr Meguid.

Mr. Dalyell: To ask the Secretary of State for Foreign and Commonwealth Affairs following the court case, Air Malta v. Granada Television, and pursuant to the Prime Minister's answer of 31 January, Official Report , column 558, what evidence has been found to substantiate a Malta connection with the Lockerbie bombing.

Mr. Douglas Hogg: Two Libyan nationals are accused of having placed, or having caused to be placed, the bomb which destroyed flight PA 103 on board an Air Malta flight from Luqa airport on 21 December 1988. As the hon. Gentleman knows, I cannot comment on the detail of the evidence against the two accused while criminal proceedings are pending. The recent out-of-court settlement between Air Malta and Granada Television has no bearing on the prosecution case against the two accused. I understand that the story in relation to which Air Malta brought the action was based on allegations different in detail from those contained in the warrants for the arrest of the two Libyans accused.

Mr. Dalyell: To ask the Secretary of State for Foreign and Commonwealth Affairs what consideration has been given to evidence involving officials of countries other than Libya in relation to Lockerbie; and what efforts Her Majesty's Government have made to obtain such evidence concerning nationals of countries, other than Libya, undertaken on 20 January 1992, Official Report, column 159.

Mr. Douglas Hogg: The Lockerbie investigators have given exhaustive consideration to all information relevant

Column 6

to the Lockerbie bombing. The possible involvement by nationals of a number of countries has been very closely investigated. Despite the unprecedented scale of the investigation, the available evidence does not support charges against the nationals of any country besides Libya. But the investigation remains open and any relevant new information will be considered.

Mr. Dalyell: To ask the Secretary of State for Foreign and Commonwealth Affairs for what reason Her Majesty's Government supported the United States decision that the Montreal convention, requiring attempts at conciliation and arbitration, should not be applied in relation to Pan Am 103 and Lockerbie; and what the preferred action was through the UN Security Council.

Mr. Douglas Hogg: The question of the applicability of the Montreal convention is pending before the International Court of Justice. We and the US Government referred to the UN Security Council Libya's failure to surrender the two accused of the Lockerbie bombing in view of the frequently expressed concerns of the United Nations about the effect of terrorism on international peace and security.

Mr. Dalyell: To ask the Secretary of State for Foreign and Commonwealth Affairs what representations he has had from Esmat Abdul Meguid on the issue of Libya's position in relation to the Lockerbie case.

Mr. Douglas Hogg: I refer the hon. Gentleman to the reply I gave on 18 January, Official Report, column 497.

Mr. Dalyell: To ask the Secretary of State for Foreign and Commonwealth Affairs if he will discuss with the German Government the refusal of the Federal Republic of Germany to join the United States and United Kingdom indictment in respect of Lockerbie; and what grounds Volke Rath, the German public prosecutor, gave for the decision.

Mr. Douglas Hogg: The Lockerbie bombing was a crime committed against a United States aircraft over Scotland. It is logical and right that the trial of those accused should take place in one of those two countries. I understand that Mr Rath has stated that he does not have sufficient evidence against the two accused to bring proceedings in Germany. In so stating, he was merely referring to the evidence available to him as part of the investigation by him as the state prosecutor at Frankfurt.

Mr. Dalyell: To ask the Secretary of State for Foreign and Commonwealth Affairs what advice was sought from Her Majesty's Government by the German Government on the reply that they should give to the letter to Bundeskanzler Helmut Kohl, in German, from a German national, Elizabeth Mosey, mother of a Lockerbie victim, of 23 January; and what advice was given by Her Majesty's Government.

Mr. Douglas Hogg: None.

Mr. Dalyell: To ask the Secretary of State for Foreign and Commonwealth Affairs what assurances he has given to the Council of Europe Assembly following the enquiries of 25 January from the hon. Member for Wentworth (Mr. Hardy), about the accuracy of British information in relation to Lockerbie and Libya.

Mr. Douglas Hogg: I replied to the hon. Member for Wentworth (Mr. Hardy) on 6 February.

Mr. Dalyell: To ask the Secretary of State for Foreign and Commonwealth Affairs, pursuant to his oral statement of 1 February, Official Report , column 1058, on Lockerbie, whether he will place in the Library the

Column 7

records of the exchanges between the Scottish Police and the Bundeskriminalamt and the Verfassungschutz on this issue of whether Scottish detectives could directly question Mr. Ghadanfar and Mr. Dalkomoni in relation to the destruction of Pan Am 103.

Mr. Douglas Hogg: There was no question of Scottish detectives directly questioning these persons. In common with many countries, Germany does not permit foreign investigators to conduct interviews on individuals in Germany, but permits interviews to be carried out at the request of foreign authorities by German police, prosecutors or judges as appropriate.

Mr. Dalyell: To ask the Secretary of State for Foreign and Commonwealth Affairs what action he took on reports emanating from the East German News Agency, broadcast by English News from Moscow, that the type of fuse used in the Lockerbie bombing was one of a small number made by a Swiss firm, which went to the East Germans.

Mr. Douglas Hogg: I am not aware of the reports to which the hon. Gentleman refers. It would in any event be inappropriate to comment on details of investigative steps taken while criminal proceedings are pending.

Mr. Dalyell: To ask the Secretary of State for Foreign and Commonwealth Affairs, pursuant to his letter of 9 December 1993 to the hon. Member for Linlithgow, if he will discuss with the German Government the visit to Germany of the Iranian Intelligence Minister, Mr. Fallahian, and subsequent visits by Iranian Ministers at which the destruction of Pan Am 103 was discussed.

Mr. Douglas Hogg: We have regular discussions with the German Government on a wide range of issues of mutual interest. I am not aware that the destruction of Pan Am 103 has been the subject of discussion between the German authorities and Mr. Fallahian.

Mr. Dalyell: To ask the Secretary of State for Foreign and Commonwealth Affairs what is the basis for his assertion on 3 February at the Scottish Oils Club's annual dinner that a trial relating to Lockerbie would be prejudiced by a public inquiry.

Mr. Douglas Hogg: There has already been a public inquiry into the circumstances of the deaths--the fatal accident inquiry held from October 1990 to February 1991. A further public inquiry could hardly fail to encroach upon areas of evidence which can only properly be made public in the context of a criminal trial, where the accused are legally represented and are able to test the strength of the evidence. The public examination of such areas of evidence in any other public forum prior to the criminal trial would prejudice any future prosecution.

Mr. Dalyell: To ask the Secretary of State for Foreign and Commonwealth Affairs if he will place in the Library a copy of the statements by the Government of Iran in the possession of the Foreign and Commonwealth Office that the skies would rain blood on America, as a result of the shooting down of an Iranian Airbus by the USS Vincennes.

Mr. Douglas Hogg: My Department does not have in its possession any such formal statements by the Government of Iran. However, we are aware of an unattributed comment on similar lines broadcast on Tehran Radio in July 1988.

Mr. Dalyell: To ask the Secretary of State for Foreign and Commonwealth Affairs when he was last in contact with the Government of Finland about the identity of a

Column 8

caller to the US embassy in Helsinki on 5 December 1988, warning that within two weeks a bomb would be carried on to an American airliner from Frankfurt, destination New York.

Mr. Douglas Hogg: The credibility of this warning was examined by police officers involved in the Lockerbie investigation, who travelled to Helsinki for this purpose. It was discounted at an early stage of the investigation. We have not therefore pursued this further with the Finnish Government.

Mr. Dalyell: To ask the Secretary of State for Foreign and Commonwealth Affairs what consideration he is giving to the death of a British subject, Mr. Prazak, on 22 December 1992, on a Libyan airliner on an internal flight in the light of approaches from Mrs. Felicity Prazak, a British citizen.

Mr. Douglas Hogg: I was very sad to hear of Mr. Prazak's death. In March 1994 permission was granted for settlement of insurance claims due to families of victims of the crash.

Mr. Dalyell: To ask the Secretary of State for Foreign and Commonwealth Affairs if he will make a statement on Her Majesty's Government's communications with the solicitors of Pan Am, Windels, Marx, Davies and Ives, regarding aspects of the destruction of Pan Am 103 over Lockerbie.

Mr. Douglas Hogg: It would not be proper to comment on such communications.

Mr. Dalyell: To ask the Secretary of State for Foreign and Commonwealth Affairs, pursuant to his oral answer of 1 February, to the right hon. Member for Tweedale, Ettrick and Lauderdale (Sir D. Steel), Official Report, column 1062, what further assessment he has made, following the letter of 3 February from Professor R. Black of the Law Faculty of Edinburgh university on whether legislation would be necessary to allow those suspected of the Lockerbie crime to be tried elsewhere than Scotland or the United States of America.

Mr. Douglas Hogg: I replied to Professor Black on 28 February. The question of whether legislation might be necessary to facilitate a trial of the two accused outside Scotland or the United States is in any event immaterial. They should appear before the appropriate United Kingdom or United States court, as confirmed by the United Nations Security Council.

Mr. Dalyell: To ask the Secretary of State for Foreign and Commonwealth Affairs what conclusions he has drawn from the case of Air Malta v. Granada Television in relation to Lockerbie.

Mr. Douglas Hogg: Two Libyan nationals are accused of having placed, or having caused to be placed, the bomb which destroyed flight PA 103 on board an Air Malta flight from Luqa Airport on 21 December 1988. As the hon. Gentleman knows, I cannot comment on the detail of the evidence against the two accused while criminal proceedings are pending. The recent out-of-court settlement between Air Malta and Granada Television has no bearing on the prosecution case against the two accused. I understand that the story in relation to which Air Malta brought the action was based on allegations different in detail from those contained in the warrants for the arrest of the two Libyans accused.

Column 9

Abdul Ghadanfar

Mr. Dalyell: To ask the Secretary of State for Foreign and Commonwealth Affairs on what date Her Majesty's Government were informed by the German Government of the decision to free Abdul Ghadanfar in November 1994.

Mr. Douglas Hogg: It is not normal practice for one Government to inform another about the release from its prison of the nationals of third countries, unless there are outstanding judicial requests concerning particular individuals. Since no such requests existed in the case of Mr. Ghadanfar, there was no reason for the German Government to inform us of his release.

Mr. Dalyell: To ask the Secretary of State for Foreign and Commonwealth Affairs if he was informed of and consulted about the release of and the decision to free Abdul Ghadanfar by the German authorities in November 1994; and if he will make a statement.

Mr. Dalyell: To ask the Secretary of State for Foreign and Commonwealth Affairs on what date the request by the Scottish police to interview Abdul Ghadanfar was transmitted to the German Government.

Mr. Douglas Hogg: Disclosure of the fact that Messrs Ghadanfar and Dalkamouni were interviewed was an exceptional step taken only because of the unwarranted criticisms which had been, and were continuing to be, made of the German authorities and the Scottish police. It would not be appropriate to go beyond this by discussing details of confidential communications between the Scottish police and prosecuting authorities and their counterparts in Germany, or indeed in any other country.

Disabled People

Mr. McMaster: To ask the Secretary of State for Foreign and Commonwealth Affairs what is the percentage of disabled people directly employed by his Department; and if he will make a statement.

Mr. Goodlad: As at 1 January 1995, the percentage of registered disabled people employed by the Foreign and Commonwealth Office, including the Overseas Development Administration and its agency, was 0.71 per cent. Figures for non-registered disabled people in the FCO-ODA are not available.

Sanctions (Libya)

Mr. Dalyell: To ask the Secretary of State for Foreign and Commonwealth Affairs which states on the continent of Africa support UN sanctions against Libya.

Mr. Douglas Hogg: When Security Council resolution 883, which strengthened sanctions against Libya, was adopted in November 1993, Cape Verde then President of the Security Council voted in favour of the resolution; Dijbouti and Morocco abstained. Egypt and Sudan were also in attendance, without the right to vote, and both spoke against the resolution. There has been no relevant vote at the UN since then.

Next Section

Home Page