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EU Readmission Issues
Mr. Lidington: To ask the Secretary of State for the Home Department what is his policy towards the claim of the European Commission that the EU should have competence over readmission issues. [94133]
Mrs. Roche: Following the entry into force of the Amsterdam Treaty, matters concerning immigration and asylum co-operation are now contained within Title IV of the Treaty establishing the European Community and are therefore within Community competence. The Government is of the view that readmission issues could fall within the scope of Article 63(3)(b) TEC which provides for measures on immigration policy within the area of removal of illegal residents.
Under the terms of the Protocol on the position of the United Kingdom and Ireland, annexed to the Treaties by the Treaty of Amsterdam, the United Kingdom may decide to participate in the adoption and application of any measures, including readmission measures, brought forward in Title IV, but it is not otherwise bound by Community law in this area. Should any readmission measures be considered to be a development of the Schengen acquis, the provisions of the Protocol integrating the Schengen acquis into the framework of the European Union would also be relevant.
Prison Education
Mr. Mackinlay: To ask the Secretary of State for the Home Department what factors are used to determine the allocation of resources for postgraduate education courses to prisoners serving lengthy prison sentences. [94704]
Mr. Boateng: The main priority for the Prison Service is to raise the levels of literacy and numeracy among prisoners, but there are opportunities for eligible prisoners to pursue courses of higher education where resources allow.
A prisoner would be deemed eligible if as a result of assessment a higher degree course was a requirement of the sentence plan. It would be necessary prior to embarking on this course of study for the prisoner to demonstrate that he or she was capable of attaining the qualification. Resources to pay for this could either come from the governor's budget, a charitable organisation or from the prisoner or a relative.
Mr. Mackinlay:
To ask the Secretary of State for the Home Department what resources are available for courses of study to further degree level in each prison; what criteria are applied in deciding the allocation of these resources; and if he will make a statement. [94583]
Mr. Boateng:
It is for prison governors to decide how much from their annual budget to allocate to education. The main priority of the Prison Service is to raise the levels of literacy and numeracy among prisoners, but there are opportunities for eligible prisoners to pursue higher education studies. Each application is considered on its merits, and there is no predetermined level of funding specifically for degree courses. Before any application can be approved, the governor and education officer need to be satisfied that the prisoner has the aptitude, ability and motivation to complete their chosen course.
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The Prison Service has made arrangements for eligible prisoners to undertake degree and other higher education courses with the Open University. These can be funded either by the prisoner, a relative, through a charitable trust or by the prison.
In addition, the Open University has a system of financial support which it has agreed, as from the academic year starting February 2000, it will extend to pay the fees for continuing students in prison and has allocated up to £100,000 for this purpose.
Mr. Mackinlay:
To ask the Secretary of State for the Home Department if he will authorise correspondence and papers between Ministers and their US counterparts to be made available for public access, simultaneous to their availability in the USA under the provisions of that country's freedom of information legislation; and if he will make a statement. [94385]
Mr. Straw:
The Code of Practice on Access to Government Information sets out current Government policy on access to information. The Code of Practice promotes a culture of openness. It makes the assumption that information should be released except where disclosure would not be in the public interest. Whilst the Code of Practice identifies categories of information that are exempt from the commitment to provide information, where there is a reference to harm or prejudice, there is the presumption that information should be disclosed unless the harm likely to arise from disclosure would outweigh the public interest in making the information available. The Code of Practice is a non-statutory regime which the Government plan to replace with a Freedom of Information Act. It will, however, continue to operate the Code of Practice until a new Act is brought into force. The Government plan to introduce a Freedom of Information Bill into Parliament as soon as the timetable allows.
The Government's proposals for a Freedom of Information Act are contained within Freedom of Information, Consultation on Draft Legislation. Under the provisions contained in the Bill, public authorities, including all central government departments, will have a duty to comply with requests promptly and in any event within a specified time limit. Where the information sought falls into an exempt area, it will be for the authority to consider, on a case by case basis, whether the information should be disclosed in the public interest. This will ensure that proper consideration is given to all requests by the authority. This is the appropriate way forward. It is for the United Kingdom Government to develop legislation which is appropriate to the needs of this country. It would be wrong to subject United Kingdom authorities to the scope of foreign legislation in the context of their activities in this country. It is for the Parliament of the United Kingdom to decide such matters, not the congress of the United States of America.
The draft Bill was the subject of pre-legislative scrutiny by the Public Administration Select Committee, as well as a Select Committee of the House of Lords and a period of public consultation. The Government will respond to the recommendations of the Select Committees and to the public consultation soon.
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Mr. Mackinlay:
To ask the Secretary of State for the Home Department if he will make a statement on the new guidelines relating to the use of plastic bullets by police forces in England and Wales. [94379]
Mr. Straw:
I refer to the reply I gave my hon. Friend, the Member for Pendle (Mr. Prentice) on 27 July 1999, Official Report, columns 246-47.
Mr. McNamara:
To ask the Secretary of State for the Home Department what are the terms of reference for his inquiry into the leak of confidential Prison Service documents established on 12 July; if the inquiry team has power to examine the involvement of the intelligence services; and if he will place in the Library his letter to the right hon. Member for Maidstone and The Weald (Miss Widdecombe). [93528]
Mr. Boateng:
An internal investigation into the loss of confidential information from Belmarsh prison was ordered by the Director of High Security Prisons on 14 July 1999, headed by the governor of Whitemoor prison.
A separate inquiry is being undertaken by the Metropolitan Police which has led to an arrest, but is still continuing. The Prison Service inquiry will not be completed until after any police matters are concluded to avoid jeopardising any legal proceedings.
A copy of the letter I sent to the right hon. Member for Maidstone and The Weald (Miss Widdecombe) on 9 August about this matter has been placed in the Library.
Mr. Bob Russell:
To ask the Secretary of State for the Home Department if he will seek to amend the Criminal Injuries Compensation Act 1995 so that same-sex couples are dealt with in the same way as heterosexual couples. [93923]
Mr. Charles Clarke:
We mounted a public consultation exercise on the compensation scheme earlier this year. That public debate was informed by the issue of a consultation paper "Compensation for Victims of Violent Crime: Possible Changes to the Criminal Injuries Compensation Scheme". The possibility of extending eligibility for fatal awards to partners of the same sex was one of the options for change mentioned in that paper.
We received over 50 responses to the consultation exercise and a wide variety of proposals for change was put forward, including the suggestion that fatal awards be given to same-sex partners. We are still considering the results of the consultation exercise, and hope to be able to say later in the year how we proposed to take matters forward.
Mr. David Atkinson:
To ask the Chancellor of the Exchequer if he will make a statement of progress on the millennium readiness of his Department's computer systems, and those for which it is responsible in the
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provision of public services; if contingency plans are in place; and what slippage has occurred since the July quarterly report to the House. [93561]
Miss Melanie Johnson:
Details of the Treasury's progress in tackling the bug are set out in our quarterly monitoring returns. These are available in the Libraries of the House and are published on the Internet. They show that work on business critical IT systems, embedded systems and telecoms has been completed. Our Y2K business continuity plan and millennium operating regime were completed in September. The results of the October monthly review of progress of Departments and agencies in tackling the bug are due to be announced shortly by the President of the Council.
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