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The Secretary of State for Foreign and Commonwealth Affairs (Mr. Jack Straw): Mr. Tariq Aziz is being held by the United States. It is the policy of multinational force partners not to disclose the precise location of detainees for security reasons. It is for the US and Iraqi authorities to determine when Mr. Aziz should be handed over to the Iraqi authorities and for the Iraqi authorities to determine the legal procedures that should apply. In December 2003, the then Iraqi governing council established a special tribunal to try senior members of the former regime.
Mr. Dalyell: We are part of the coalition, are we not? Will the response to the International Red Cross be the proverbial "Get lost", when it says that, under international law, those people, included Tariq Aziz, should be charged before 30 June or freed? After Elizabeth Wilmshurst, should not the Foreign Office and the United States be a little less cavalier with international law?
We in the British Government subscribe fully to and follow fully our obligations under international law. That has been the case throughout the Iraqi conflict as well as in the past.
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As for the position of Mr. Aziz and other detainees, I should say to my hon. Friend that just before I left the Foreign Office to come here, I saw an item on the BBC website. Although I have had no separate confirmation of this, it says:
"Iraqi Prime Minister Iyad Allawi says the US-led coalition will soon hand over high-profile detaineesincluding Saddam Husseinto Iraqi custody."
Mr. Boris Johnson (Henley) (Con): Given that the right hon. Gentleman and the Government have a principled opposition to the death penalty and given that Britain, as part of the coalition provisional authority, will shortly hand over Saddam Hussein for trial, can the right hon. Gentleman say what representations, if any, he has made to ensure that the future Iraqi authorities do not put Saddam Hussein to death? Or does he wash his hands of the matter?
Mr. Straw: We have made strong representations to the Iraqis about our position in respect of the death penalty. We were successful during the period of the Iraq governing council in persuading it to suspend the death penalty. It is known that Iraqi Ministers have said that they will support the re-establishment of the death penalty from 30 June, and it is also a fact that a number of countries around the world, including China and the United States, are retentionist and operate the death penalty. However, in respect of all those countries, not least and including Iraq, we shall make very strong representations about the need not to use the death penalty. Those representations will be made on both moral grounds, which are well supported in the House, and on very practical grounds. As we in this country found with the death penalty 50 years ago, one can end up not only convicting the wrong person, but executing the wrong person.
Mr. Straw: I cannot say from the Dispatch Box that I am satisfied about that, and I am very happy to investigate the matter further, to write to my hon. Friend and to place the record in the Library of the House.
10. Mr. Harry Barnes (North-East Derbyshire) (Lab): What links exist between his Department and the United Nations Electoral Assistance Division in preparing for national, regional and local elections in Iraq. 
The Secretary of State for Foreign and Commonwealth Affairs (Mr. Jack Straw):
The unanimous adoption last week of Security Council resolution 1546 endorsed the
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transfer of authority to a new Iraqi Government and endorsed future security arrangements. The resolution reflected several months of intensive discussions with our international partners and with the United Nations. We were in regular consultation with the political mission led by UN Ambassador Lakhdar Brahimi, and the UN electoral team led by Carina Perelli. Those close contacts will continue as the UN takes the leading role in assisting the Iraqi Government and people in their preparations for democratic elections by 31 January 2005.
If Iraq is to move beyond a rather theoretical legal sovereignty on 30 June towards full political sovereignty on 31 January next year, is not the role of the United Nations of key importance, especially in relation to the establishment of an electoral system? Will the role of the United Kingdom and the USA in this matter be secondary to that of the United Nations?
Mr. Straw: On the last point, the answer is yes. On my hon. Friend's first point, an electoral commission has been established. Interestingly, there were more than 1,800 applications for appointment and a shortlist of candidates was interviewed by a panel of experts led by Judge Kriegler of South Africa. The final commission consists of seven commissioners, including two women and one United Nations member. It bodes well for the future.
On the electoral system itselfmy hon. Friend takes an interest in such matters, as do IMrs. Perelli has recommended that the introduction of a national list system for interim elections to the national congress should take place between now and January. Obviously, the subsequent election system operated will be a matter for the constituent assembly that draws up the new constitution.
Bob Spink: Could the right hon. Gentleman tell the House exactly what support will be provided by Britain in the run up to the 2005 elections? Will that involve additional British troops going to Iraq?
Mr. Straw: We will certainly provide a good deal of support through our existing troop contingents. The European Union and other institutions with expertise in monitoring and supporting electoral processes will provide support if they, in turn, can get effective securitythat is a separate limb of Security Council resolution 1546. The hon. Gentleman will know that troop numbers are kept under continuous review and that any changes will be announced to the House by my right hon. Friend the Secretary of State for Defence.
Chris McCafferty (Calder Valley) (Lab): The Foreign Secretary will recall my question of 8 September about the number of Iraqi deaths. He was kind enough to write to me in November to confirm that when the information was collated, he would write again and place the information in the Library. Will he tell the House when that will happen?
I do indeed recall the question that my hon. Friend asked on 8 September, which was whether
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there were effective estimates by the coalition forces of casualties in the conflict during the intense military action and subsequently. I wrote to her with an interim reply in November and examined the matter in great detail. I also looked at the non-governmental organisation website www.iraqbodycount.org, which has its own estimates. I owe my hon. Friend an answer and I am sorry that she has not received one, but that is not due to a lack of application.
On the "Today" programme a couple of weeks ago, I said that I had answered a question about the matter. I was speaking from my recollections, as I made clear at the time, but I should like to point out that I had answered a supplementary question during a statement rather than a parliamentary questionwith a capital Q. I apologise for that minor transgression.
Hugh Robertson (Faversham and Mid-Kent) (Con): One of the key tasks that faces the electoral assistance division and other United Nations bodies is to restore the UN's reputation in the eyes of many ordinary Iraqis following its tarnishing due to the oil-for-food programme. Given that recent intelligence suggests that Saddam Hussein and his immediate family and entourage benefited to the tune of $10 billion, and that intelligence coming out of Iraq suggests that that money is being used to fund the insurgency that faces our troops and threatens the elections, what moves have the Foreign Office taken to back the Iraq governing council's call for a full and independent inquiry?
Mr. Straw: An investigation is already taking place under the aegis of the United Nations, and it is linked to investigations by law enforcement authorities in several countries. I am sure that the hon. Gentleman understands that I cannot go into further detail because that might prejudice the outcome of some of those criminal investigations, but we are certainly powerfully seized of the issue.
Harry Cohen (Leyton and Wanstead) (Lab): Is it not the case that under pressure from US Ambassador Paul Bremer, Moqtada al-Sadr and his followers have been banned from fighting elections for three years? Is that not a deeply foolish decision? Would it not be better for them to be engaged in the elections rather than outside fighting?
Mr. Straw: My hon. Friend might well be ahead of me because I was not aware that that individual had been banned. Ambassador Bremer is entitled to his opinions, but such decisions should be made by the Iraqi Government, with advice from the United Nations.
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