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District Judges

Vera Baird: To ask the Parliamentary Secretary, Department for Constitutional Affairs what child care provision is made available for primary carers who are district judges. [191032]

Mr. Leslie: While there is no specific judicial child care provision, all salaried judicial office holders are entitled to a range of employment benefits including Maternity Leave, Adoption Leave, Paternity Leave and Parental Leave. Office holders are also entitled to up to seven days special paid leave to address urgent domestic needs, and, with effect from 1 April 2005, part time working will become available for all judicial office holders below High Court level, subject to business needs.

In addition, on 13 October the Secretary of State for Constitutional Affairs launched a consultation paper, "Increasing Diversity in the Judiciary", which examines the current lack of diversity in the judiciary and asks for views on a wide range of issues, including whether increased opportunities for flexible working would encourage people with other commitments, such as child care responsibilities, to apply for judicial office.
 
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Vera Baird: To ask the Parliamentary Secretary, Department for Constitutional Affairs what assessment has been made of the effects of the practice of advertising vacancies for district judges (crime) on the number of women applicants with families. [191033]

Mr. Leslie: None. However, on 13 October my Department launched a consultation paper, "Increasing Diversity in the Judiciary", which takes a radical look at the steps needed to widen the pool from which applicants for judicial appointment are drawn, while continuing to make appointments on merit. It examines the extent of, and the reasons for, the lack of diversity in the judiciary and the barriers that may discourage people from applying for judicial appointment. Information and communication strategies and the appointments process are among the areas covered by the paper. Comments and suggestions are invited by 21 January 2005.

Weekend Courts

Vera Baird: To ask the Parliamentary Secretary, Department for Constitutional Affairs (1) what kinds of case will be tried in the proposed weekend courts; [191030]

(2) what proposals the Secretary of State has for weekend courts in (a) district judge jurisdiction and (b) the Crown court; [191031]

(3) whether the proposed weekend courts will be piloted before being introduced nationally; and if he will make a statement; [191029]

(4) what provision will be made to take account of lawyers' family responsibilities in the proposed arrangements for weekend courts. [191218]

Mr. Leslie: On 13 October, the Secretary of State launched a consultation paper, "Increasing Diversity in the Judiciary", which examines the current lack of diversity in the judiciary and asks for views on a wide range of issues, including whether increased opportunities for flexible working would encourage people with other commitments, such as child care responsibilities, to apply for judicial office. One idea offered for discussion in this context is whether court sittings at the weekends or in the evenings might offer a means of introducing greater flexibility into the working arrangements of the judiciary. Were such a suggestion to be seriously considered in the future, it would be necessary to balance the interests of other groups, in particular our customers, against those of potential candidates for judicial appointment.

At present, there are no plans to introduce weekend courts, beyond those arrangements already in place. Some magistrates courts, for instance, do regularly sit on Saturdays to conduct business. In particular, weekend courts in magistrates courts were considered as a result Lord Justice Auld review of the criminal courts. He recommended that there be a

"thorough examination of the need for and the costs/benefits of extending court working hours . . . .".

The Government, therefore, decided to pilot alternative working hours in magistrates courts in order to test possible improvements on the courts' efficiency and effectiveness in the interests of the whole criminal
 
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justice system. In consequence weekend, evenings and early morning courts were piloted in London and Manchester magistrates courts in 2002.

FOREIGN AND COMMONWEALTH AFFAIRS

Afghanistan

Harry Cohen: To ask the Secretary of State for Foreign and Commonwealth Affairs in which establishments prisoners are kept in Afghanistan; how many prisoners are in each one; what assessment he has made of compliance with the Geneva Conventions in respect of such prisoners; which of the establishments the International Committee of the Red Cross are not allowed to visit; what the Government's position on access to such establishments by the International Committee of the Red Cross is; what representations have been made about such access; and if he will make a statement. [190230]

Mr. Rammell: The Afghan government has a network of state prisons. The US-led Coalition has detention facilities at Bagram airbase and at other US bases in Afghanistan. There are also reports of illegal private prisons in Afghanistan, run by militia commanders.

We do not have accurate information on the numbers of detainees held in prisons in Afghanistan. The Afghan Independent Human Rights Commission (AIHRC) believes that there are approximately 4,000 to 5,000 detainees in Afghan government prisons. The AIHRC estimates that the number of detainees in US detention is between 200 and 300. Up to 100 people may be detained in private jails.

We understand the ICRC has had access to Afghan government prisons and to US detention facilities in Bagram and Kandahar. The UK welcomes this access, and calls for the ICRC to be given full access to detention facilities throughout Afghanistan. ICRC reports on detainees are, however, strictly confidential between the ICRC and the country concerned.

The UK calls for prisoners' rights to be fully respected and due process to be applied to all prisoners, in accordance with the Geneva Conventions and international human rights law.

In May 2004 the UK lobbied the Afghan government to ease overcrowding in Shiberghan prison in northern Afghanistan. Approximately 1,000 prisoners were transferred from the control of General Dostum to the Interior Ministry, and transferred to the central Pol-e-Charki prison in Kabul. The UN reported that conditions and respect for human rights had improved following the transfer.

Bangladesh

Keith Vaz: To ask the Secretary of State for Foreign and Commonwealth Affairs whether he has been informed that the perpetrators of the 21 August bombings in Bangladesh have been identified. [189689]

Mr. Alexander: No. We understand that a judicial inquiry has recently submitted its report to the Bangladeshi Government. Its findings have not been made public.
 
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British Travellers (Safety)

Mr. Simmonds: To ask the Secretary of State for Foreign and Commonwealth Affairs what discussions have taken place with the Governments of (a) Thailand, (b) Vietnam, (c) Indonesia, (d) Cambodia and (e) Malaysia regarding the safety of British travellers. [189889]

Mr. Alexander: We regularly discuss with all these Governments issues which may affect the safety of British travellers. These issues include the threat from terrorism, transnational and local crime and health risks.

Cyprus

Tom Cox: To ask the Secretary of State for Foreign and Commonwealth Affairs on what recent dates discussions have taken place between representatives of the British Government and the representatives of the Greek Cypriot Government in Brussels; and what subjects were discussed. [183971]

Mr. MacShane: I would like to apologise to my hon. Friend for the late reply to his question. This was the result of an administrative error. Measures have been taken to ensure that this does not happen again.

My right hon. Friend the Foreign Secretary and I meet our Greek Cypriot colleagues regularly, most recently in Brussels at the General Affairs and External Relations Council on 11 October.

I am looking forward to discussing a wide range of issues to promote the interests of all the people of Cyprus during a forthcoming visit to the island.

Andrew Mackinlay: To ask the Secretary of State for Foreign and Commonwealth Affairs if the United Kingdom will oppose (a) the allocation of EU funds to and (b) the use of EU funds in Cyprus where such funds may be allocated to projects that involve, or pertain to, property of displaced persons who have not received compensation; and if he will make a statement. [190433]

Mr. MacShane: The Government is committed to fulfilment by the EU of the mandate of the Council of Ministers to end the isolation of the Turkish Cypriots. The planned disbursement of €259 million of EU funds is an important element of this. The regulation establishing an instrument of financial support for encouraging the economic development of the Turkish Cypriot community which would enable it to do so is still under discussion. We hope the regulation will include the following phrase

"the Commission shall act in accordance with the case law of the European Court of Human Rights".

The Government considers that this should be sufficient to satisfy all those who have concerns regarding property in the north of Cyprus.

Andrew Mackinlay: To ask the Secretary of State for Foreign and Commonwealth Affairs what assessment the Government has made of the compatibility of the Annan V Plan with the Law of the Sea Convention as it relates to the Republic of Cyprus's sovereign rights over Cyprus's territorial waters; and if he will make a statement. [190435]

 
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Mr. MacShane: The Government assessed and was satisfied that the Annan Plan was compatible with international maritime law.

Andrew Mackinlay: To ask the Secretary of State for Foreign and Commonwealth Affairs whether he has received the European Commission's proposals for spending structural funds in Turkish-occupied Northern Cyprus; and if he will make a statement. [190436]

Mr. MacShane: My right hon. Friend the Foreign Secretary has not received any European Commission proposals on this subject. The Commission cannot finalise their proposals before the regulation establishing an instrument of financial support for encouraging the economic development of the Turkish Cypriot community is agreed.

Andrew Mackinlay: To ask the Secretary of State for Foreign and Commonwealth Affairs for what reasons United Kingdom representatives urged the Committee of Ministers of the Council of Europe to delay pressing Turkey into ending property violations in Cyprus found by the European Court of Human Rights in the case Cyprus v. Turkey in May 2001; and if he will make a statement. [190437]

Mr. MacShane: The Committee of Ministers of the Council of Europe was aware of the context in which the decision on Cypriot property was being made. If all sides had agreed to a settlement on the basis of the UN Secretary General's comprehensive settlement proposals then it would no longer be necessary to refer cases to the ECHR as property issues would be dealt with by a domestic court in Cyprus.

The UK believed that achieving a Cyprus settlement and thus putting in place a domestic remedy for property disputes was more beneficial than pushing through an immediate decision on property violations at the Committee of Ministers of the Council of Europe.

We always encourage member states to comply with the court's judgments and will continue to do so.

Andrew Mackinlay: To ask the Secretary of State for Foreign and Commonwealth Affairs (1) if the Government will oppose initiatives in the UN for international recognition of the Turkish Republic of Northern Cyprus; and if he will make a statement; [190438]

(2) what his policy is on adherence to UN Security Council resolutions 541 (1983) and 550 (1984) concerning Cyprus; and if he will make a statement. [190959]

Mr. MacShane: The Government are not aware of any initiatives in the UN for recognition of the "Turkish Republic of Northern Cyprus". Moreover, the Turkish Cypriot leaders and Turkish Government have stated repeatedly that recognition is not their aim.

The Government's policy on recognition of the "TRNC" has not changed. We do not recognise the "TRNC"; UNSCRs 541 and 550 remain valid.

Andrew Mackinlay: To ask the Secretary of State for Foreign and Commonwealth Affairs if the Government will make it their policy to require a timetable for the withdrawal of Turkish troops from Cyprus to be agreed as a precondition for the opening of negotiations on Turkey's accession to the EU; and if he will make a statement. [190439]

 
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Mr. MacShane: The withdrawal of Turkish troops from the north of Cyprus is not a precondition for the opening of negotiation with Turkey.

Andrew Mackinlay: To ask the Secretary of State for Foreign and Commonwealth Affairs what the Government's policy is on the suggestion in paragraph 93 of the report of the UN Secretary General on his Mission of Good Offices in Cyprus concerning Security Council members giving a lead to states to co-operate to eliminate unnecessary restrictions and barriers that have the effect of isolating Turkish Cypriots; and if he will make a statement. [190440]

Mr. MacShane: The British Government fully support the EU policy agreed at the April General Affairs and External Relations Council on 26 April to end the isolation of the Turkish Cypriots. We welcomed the extra impetus given to that aim by the UN Secretary General's report on his Good Offices Mission. This policy is wholly in accordance with relevant UN Security Council Resolutions on Cyprus.

Andrew Mackinlay: To ask the Secretary of State for Foreign and Commonwealth Affairs what action the Government have taken to further the call by the UN Security Council to lift restrictions imposed by Turkey on the United Nations Peacekeeping Force in Cyprus; and if he will make a statement. [190442]

Mr. MacShane: The Government have regular contact with the Turkish Government on a whole variety of issues including UN Peace Keeping Force in Cyprus (UNFICYP). Over the last four years, we have repeatedly raised the need to lift restrictions on the UNFICYP.

Andrew Mackinlay: To ask the Secretary of State for Foreign and Commonwealth Affairs what steps need to be taken to permit Cyprus to become a member of the Organisation for Economic Co-operation and Development; what steps the Government have taken to further Cyprus's application; and if he will make a statement. [190443]

Mr. MacShane: The OECD is currently working on establishing a set of objective criteria for its admission of new members, rather than making decisions on a case by case basis. While that work is still in progress, it would be premature to comment on an application by Cyprus to the OECD.

Andrew Mackinlay: To ask the Secretary of State for Foreign and Commonwealth Affairs whether the Government concluded that the aide-memoire of the Republic of Cyprus handed to the UN on 20 April 2004 during the deliberations on the British-USA draft resolution constituted sufficient proposals for security within Cyprus; and if he will make a statement. [190444]

Mr. MacShane: The Government regret that efforts to provide reassurance to Greek Cypriots on the security and implementation aspects of the settlement prior to the referenda, via a strongly worded Security Council resolution, were unsuccessful. The draft resolution, jointly sponsored by the UK and US, received almost unanimous support in the Security Council, but was opposed by the Greek Cypriot side and subsequently vetoed by Russia.
 
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In its aide-memoire of 20 April, the Government of the Republic of Cyprus called on the Security Council not to adopt any resolution regarding the Cyprus Problem before the referendums. The aide-memoire contained the changes they deemed necessary to the draft UK-US sponsored resolution.

Andrew Mackinlay: To ask the Secretary of State for Foreign and Commonwealth Affairs what consideration was given to whether to ask the European Commission to consider the final Annan Plan for Cyprus in relation to its compatibility with the acquis communautaire; and if he will make a statement. [190446]

Mr. MacShane: The European Commission was present at the final stage of settlement negotiations. The commission was satisfied with the UN Secretary General's settlement plan and that where there were derogations from the acquis they were time limited. In his speech at the High Level Preparatory Donors' conference on 15 April, Commissioner Verheugen said:

"I would like to stress that the Annan Plan is in line with the fundamental principles on which the European Union is founded and that the viability and the economic sustainability have been strengthened".

Andrew Mackinlay: To ask the Secretary of State for Foreign and Commonwealth Affairs if he will list the occasions on which the Government have cautioned UK citizens about the possible liabilities and consequences of purchasing land and property in the northern occupied part of Cyprus, with particular reference to the success of negotiations towards a united Republic of Cyprus; what method was used in each case; and if he will make a statement. [190447]

Mr. MacShane: The Cyprus travel advice on the Foreign and Commonwealth Office (FCO) website: www.fco.gov.uk has very clear language on purchasing property in the north of Cyprus. We recommend that those considering buying property seek legal advice before doing so. We also draw attention to the political situation in Cyprus.

The advice given to those who telephone the FCO or the British High Commission in Nicosia with a query regarding buying property in the north of Cyprus, is consistent with that available on the FCO website.

Andrew Mackinlay: To ask the Secretary of State for Foreign and Commonwealth Affairs whether a representative of the UK Government discussed with (a) Kofi Annan and (b) Alvaro de Soto the documents of (i) 15 March 2004 and (ii) 20 April 2004 submitted by the Republic of Cyprus on security; and if he will make a statement. [190464]

Mr. MacShane: British officials had regular exchanges with the UN Secretary General and the UN Secretary General's Special Representative for Cyprus, Alvaro De Soto, on all aspects of security in the Annan Plan.

Andrew Mackinlay: To ask the Secretary of State for Foreign and Commonwealth Affairs (1) whether the Government supported the provision in the Annan Plan to extend EU citizenship to Turkish citizens resident in Northern Cyprus; by what method it was proposed to identify those who would have so qualified; and if he will make a statement; [190465]
 
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(2) how many Turkish citizens who settled in occupied northern Cyprus would be eligible for EU citizenship under the final Annan Plan for Cyprus; and if he will make a statement. [190466]

Mr. MacShane: In the final version of the Annan Plan, the number of persons entitled to citizenship was not changed. The number of those resident in northern Cyprus of mainland Turkish origin who could become citizens of the new Cyprus was capped at 45,000, with preference given to spouses of Turkish Cypriots and people born in Cyprus. Others eligible were identified on the basis of length of stay. Each side submitted to the UN before the referenda on 24 April a list of less than 45,000 persons who would acquire citizenship, in addition to those who had citizenship in 1963 and their descendants, on entry into force of the Foundation Agreement.

The Government supported the Annan Plan and continue to believe that it remains the only foreseeable basis on which a settlement can be achieved.

Andrew Mackinlay: To ask the Secretary of State for Foreign and Commonwealth Affairs what the Government's policy was on the element of the Annan Plan for Cyprus that would have provided for a Turkish immigration quota allowing for further settlement from Turkey in a reunited Cyprus; what assessment he made of the (a) numbers and (b) time scale proposed; whether EU citizenship was to be extended to such settlers; and if he will make a statement. [190467]

Mr. MacShane: As stated in Kofi Annan's report to the Security Council of 2 June (paragraph 50), a safeguard mechanism was introduced into the final version of the Annan Plan related to Greek and Turkish immigration. This was done in response to Greek Cypriot concerns that there be no continuous flow of Turkish immigrants to Cyprus. Instead of a permanent quota which could, theoretically, have been regularly refilled, the UN amended Annan V to include a cap on Turkish immigration of 5 per cent. as a proportion of Turkish Cypriots for 19 years. Thereafter, to preserve its identity, Cyprus could adopt specified non-discriminatory safeguard measures in conformity with the acquis communautaire in respect of immigration of Greek and Turkish nationals.

The Foundation Agreement in the Annan Plan established the criteria of eligibility for Cypriot citizenship and residency. The federal citizenship law, as agreed by both sides during the negotiations, set out the detailed rules and procedures for granting citizenship of the new United Cyprus Republic. The full draft citizenship law can be found at www.cyprus-un-plan.org.

The Government supported the UN Secretary-General's Proposals for a Comprehensive Settlement in Cyprus and welcomed the UN's attempts in the finalisation process to address Greek Cypriot concerns, including in relation to citizenship.

Andrew Mackinlay: To ask the Secretary of State for Foreign and Commonwealth Affairs what his estimate is of the number of Turkish settlers who are not de jure citizens of the Republic of Cyprus but who were included in the electoral roll used by the Turkish Republic of Northern Cyprus when it conducted its
 
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referendum on the Annan Plan for Cyprus in April; what proportion in percentage terms this group constitutes as a share of total register; and if he will make a statement. [190468]

Mr. MacShane: We do not have an estimate of that figure. The UN was satisfied that the referendum was a fair expression of the Turkish Cypriots' desire to be part of a united island.

Andrew Mackinlay: To ask the Secretary of State for Foreign and Commonwealth Affairs what the Government's policy is on the decision not to incorporate the recommendations of the Technical Committee on Economic and Financial Aspects of Implementation into the fifth and final Annan Plan for a settlement in Cyprus; what representations the United Kingdom made in relation to the matter; and if he will make a statement. [190469]

Mr. MacShane: The Government is not aware of such a decision.

At the High Level Preparatory Donors' Conference on 15 April, representatives of the World Bank, the IMF and other international financial institutions, all concluded that the Annan Plan was economically viable. At the same event the international community pledged a significant amount of financial aid to Cyprus in the event of a settlement.

Andrew Mackinlay: To ask the Secretary of State for Foreign and Commonwealth Affairs what discussions were held at Bürgenstock on possible derogations from (a) EU and (b) other legislation relating to (i) human rights and (ii) property rights within Cyprus; what policy was adopted by United Kingdom representatives in relation to these topics; and if he will make a statement. [190470]

Mr. MacShane: There were discussions at Buergenstock on all aspects of the Annan Plan, including property and human rights. The EU Enlargement Commissioner, Gunther Verheugen, was present during the final stage of negotiations at Buergenstock and was satisfied with all derogations and that they were time limited. In the final version of the plan, any restrictions would be removed after 15 years. The Government agrees with the Commission's view that the Annan Plan is in line with the fundamental principles on which the European Union is founded.

Andrew Mackinlay: To ask the Secretary of State for Foreign and Commonwealth Affairs if he will publish the documents distributed by British representatives at Bürgenstock meetings on Cyprus entitled (a) the UN Secretary General's Plan for a Cyprus settlement and (b) Cyprus: Bürgenstock: The Final Day (31 March 2004), summary; for what purposes these memorandums were distributed; and to whom. [190471]

Mr. MacShane: British representatives did not distribute such documents at Buergenstock. They reported the developments to London by telegram in the normal fashion. These telegrams were marked restricted, were for UK use only and were not distributed to other participants at the Buergenstock meetings.
 
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Andrew Mackinlay: To ask the Secretary of State for Foreign and Commonwealth Affairs whether the European Council has been advised that the sovereign Republic of Cyprus shall be competent to define points of entry and exit of EU goods and people in the island of Cyprus; and if he will make a statement. [190472]

Mr. MacShane: The European Council approved the terms of the Republic of Cyprus's accession to the EU.

Andrew Mackinlay: To ask the Secretary of State for Foreign and Commonwealth Affairs what the Government's policy is towards the proposal set out by President Papadopoulos of Cyprus to the European Commission on 23 August 2004 that Varosha should be returned to the jurisdiction of the Republic of Cyprus and that the management of the port of Famagusta should be vested in a body representative of both communities and chaired by a nominee of the European Commission; and if he will make a statement. [190473]

Mr. MacShane: The British government welcomes in principle any measure taken by either side in Cyprus with the aim of contributing to a climate of increased trust and confidence between the two communities. Where such measures need to be mutually agreed, clearly they should be balanced and realistic. However, such measures are not a substitute for a settlement based on the Annan plan.

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