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24 May 2007 : Column 1478W—continued
Andrew Rosindell: To ask the Secretary of State for Foreign and Commonwealth Affairs what assessment she has made of the impact of the new air terminal development on the relationship between Spain and Gibraltar. [139072]
Mr. Hoon: The construction of a new airport terminal by the Gibraltar Government forms part of the arrangements agreed in the Cordoba Ministerial Statement on Gibraltar airport on 18 September 2006 under the Trilateral Forum of Dialogue on Gibraltar.
The Cordoba trilateral agreements, including the proposed new terminal, have already brought significant benefits, including more connections from Gibraltar airport, greatly improved border flows,
recognition of Gibraltar’s international dialling code and mobile roaming, as well as a settlement of the long-standing issue of the pensions of former Spanish workers in Gibraltar. Overall, this has brought a considerable improvement in the relationship between Spain and Gibraltar.
Gibraltar: Territorial Waters
Andrew Rosindell: To ask the Secretary of State for Foreign and Commonwealth Affairs what discussions she has had with her (a) Spanish and (b) Gibraltarian counterparts on Gibraltar’s sovereign territorial waters. [139067]
Mr. Hoon: Neither my right hon. Friend the Foreign Secretary nor I have had discussions with our Spanish counterparts or the Government of Gibraltar on this matter.
Gulf War
Ben Chapman: To ask the Secretary of State for Foreign and Commonwealth Affairs pursuant to the oral answer of 1 May 2007, Official Report, column 1354, on the Gulf war, whether any assessment has been made of the administration system used for the UN Compensation Commission Iraq compensation awards. [137432]
Dr. Howells: The UN Compensation Commission (UNCC) claims processing procedures were prescribed by the Security Council and were further elaborated by the Governing Council in a number of decisions. The procedures were implemented by panels of Commissioners whose recommendations for awards were approved by the UNCC’s Governing Council. Further details of the claims processing procedures can be found at the UNCC’s website:
The Government have not made any formal assessment of the administration system used by the UNCC. However, we understand that overpayments were made for a variety of reasons such as claims being submitted twice by the same applicant. Other claims were paid out twice to the same claimant because they featured in different claims categories due to administrative errors at the UNCC.
Ben Chapman: To ask the Secretary of State for Foreign and Commonwealth Affairs pursuant to the oral answer of 1 May 2007, Official Report, column 1354, on the Gulf war, what factors informed the decision to use Iraqi oil revenues to pay for UN Compensation Commission-approved compensation awards; and when that decision was taken. [137433]
Dr. Howells: The UN Compensation Commission (UNCC) was established in 1991 by Security Council Resolution 687 to process claims and pay compensation for losses suffered as a result of the 1990 Iraqi invasion and occupation of Kuwait.
Currently 5 per cent. of the proceeds of Iraq's oil export revenues are paid into the Compensation Fund. The use of these oil revenues was recommended by the UN Secretary-General to the Security Council in 1991 as the method by which Iraq should pay compensation.
Ben Chapman: To ask the Secretary of State for Foreign and Commonwealth Affairs pursuant to the oral answer of 1 May 2007, Official Report, column 1354, on the Gulf war, what explanation has been given by the UN Compensation Commission for errors made in the calculation and payment of compensation relating to Iraq. [137434]
Dr. Howells: In 2006 the UN Compensation Commission (UNCC) conducted an internal investigation aimed at identifying potential overpayments resulting from multiple or overlapping claims.
We understand that the overpayments occurred for a variety of reasons. Some resulted from claims that were erroneously submitted twice by the same claimant. Other claims were paid out twice to the same claimant because they featured in different claims categories due to administrative errors at the UNCC.
Ben Chapman: To ask the Secretary of State for Foreign and Commonwealth Affairs pursuant to the oral answer of 1 May 2007, Official Report, column 1354, on the Gulf war, what the total amount in dispute is on the UN Compensation Commission awards which have been approved but have not been paid or are being reclaimed. [137435]
Dr. Howells: Corrections made as a result of the investigation into overpayments totalled US$ 80.3 million of which US$ 72.7 million remains still to be recovered. Approximately US$ 39 million of this sum will be recoverable by way of set-offs against Government awards not yet paid out. 113 UK claimants were overpaid a total of US$ 391,000.
Iraq: International Conferences
Andrew Rosindell: To ask the Secretary of State for Foreign and Commonwealth Affairs what assessment she has made of the recent International Conference on Iraq; and if she will make a statement. [138243]
Dr. Howells: I warmly welcome the successful launch of the International Compact and the expanded Iraq neighbours conference in Sharm El Sheikh, Egypt on 3-4 May.
The launch of the International Compact was an important opportunity for the Government of Iraq to set out its reform agenda. Over 60 countries were represented and offered their support. We now look forward to the UN and Government of Iraq establishing a mechanism to monitor progress.
The neighbours conference was a significant step in building Iraq’s relationship with its neighbours. Participants agreed that there should be a further ministerial in Istanbul; working groups to explore co-ordination and co-operation on the problem of refugees, security and borders, and fuel imports; and, subject to approval by the Government of Iraq, the establishment of a group of senior officials to monitor progress. We will encourage all participants to use these forums constructively and to demonstrate tangible support for the Government of Iraq.
Iraq: Peace Keeping Operations
Lynne Jones: To ask the Secretary of State for Foreign and Commonwealth Affairs pursuant to the answer of 2 May 2007, Official Report, column 1712W, on Iraq: peacekeeping operations, how many requests there have been for assistance from British overseas posts by Iraqi nationals who have left Iraq after threats of violence because of their work as interpreters with the British Army; and how many of these requests have been agreed to. [137692]
Dr. Howells: We are aware of having received two requests for assistance on behalf of three Iraqi nationals who left Iraq after threats of violence because of their work as interpreters with the British Army (one joint letter received in our embassy in Damascus, and one request received in our embassy in Cairo). However, the Foreign and Commonwealth Office does not hold a central record of this information. To answer this question accurately officials would need to contact all of our overseas posts, which would incur disproportionate cost.
As I said in my response to my hon. Friend on 23 April 2007, Official Report, column 914W, all requests for assistance are dealt with on a case by case basis, taking account of individual circumstances.
Iraq: Security Guards
Norman Baker: To ask the Secretary of State for Foreign and Commonwealth Affairs (1) how many contraventions of Coalition Provisional Authority memorandum number 17 by private military companies operating in Iraq there were in each year since it came into force, broken down by type of contravention; [138809]
(2) how many individuals in Iraq were killed by employees of (a) UK-registered and (b) other private military companies in each year since the invasion. [138810]
Dr. Howells [holding answer 22 May 2007]: We keep records only of incidents involving private military security companies (PMSCs) working directly for the Government. We do not keep records of incidents involving other UK mainland registered companies or foreign companies working in Iraq.
The PMSCs which operate or have operated for the Government in Iraq (ArmorGroup, GardaWorld and Control Risks Group) have been responsible for no contraventions of Coalition Provisional Authority memorandum number 17. There has been one Iraqi fatality as a result of a road traffic accident in Erbil on 8 March. A pedestrian was struck by a PMSC vehicle while crossing a busy road in heavy traffic. The incident was fully investigated by the local authorities and no charges were bought.
Iraq: Trade Unions
Harry Cohen:
To ask the Secretary of State for Foreign and Commonwealth Affairs what the outcome was of the raids on 23 and 25 February by US and Iraqi forces on the head offices of the General Federation of Iraqi Workers; what representations she
has made on the recognition of trade union rights in Iraq; and if she will make a statement. [136689]
Dr. Howells: As stated in my answer to my hon. Friend on 26 March 2007, Official Report, column 1261W, the raids on the offices of the General Federation of Iraqi Workers were carried out by Iraqi security forces with the backing of multi-national forces as part of ongoing security operations. In response to my hon. Friend’s question, officials have raised the issue with the multi-national forces asking for further information about the raids.
We regard the right to form free and fair trades unions as fundamental. We remain deeply concerned about constraints on forming and financing of trades unions implied by Decree 8750 and Law 150 and will continue to lobby the Government of Iraq on this.
Iraq-Kuwait Conflict: Compensation
Ben Chapman: To ask the Secretary of State for Foreign and Commonwealth Affairs what her estimate is of the outstanding amount of interest accrued by delays in the payment by the UN Compensation Commission of compensation relating to the detention of UK nationals in Iraq during the first Gulf war. [137444]
Dr. Howells: A decision was taken at the 55th session of the UN Compensation Commission (UNCC) Governing Council in March 2005 that interest would not be paid by the UNCC to claimants on top of their principal awards. This decision was made for a variety of reasons, including the fact that assumptions made about the capacity of the Compensation Fund (its revenue generated from Iraqi petroleum export earnings) did not materialise which resulted in inadequate funds being available, and the estimated projection that payment of all principal awards would not be completed until 2045.
The decision was taken against the background of the need for Iraqi oil proceeds to be used towards reconstruction of Iraq. Payment of interest would place an additional and unacceptable financial burden on the Iraqi people.
No outstanding interest therefore accrued in the period between determination and payment of awards.
A letter was sent by the Foreign and Commonwealth Office to all UK claimants in March 2005 explaining the decision taken on the question of interest by the Governing Council.
Ben Chapman: To ask the Secretary of State for Foreign and Commonwealth Affairs if she will raise the issue of interest accrued during delays in the payment by the UN Compensation Commission (UNCC) of compensation relating to detention of UK nationals in Iraq during the first Gulf war at the next meeting of the UNCC's Governing Council. [137445]
Dr. Howells:
A decision has already been taken by the UN Compensation Commission (UNCC) Governing Council at its 55th session in March 2005 that interest will not be paid by the UNCC to claimants on top of their principal awards. This decision was made for a variety of reasons, including the fact that
assumptions made about the capacity of the Compensation Fund (its revenue generated from Iraqi petroleum exports earnings) did not materialise, which resulted in inadequate funds being available, and the estimated projection that payment of all principal awards would not be completed until 2045.
The decision was taken against the background of the need for Iraqi oil proceeds to be used towards reconstruction of Iraq. Payment of interest would place an additional and unacceptable financial burden on the Iraqi people.
A letter was sent by the Foreign and Commonwealth Office to all UK claimants in March 2005 explaining the decision taken on the question of interest by the Governing Council.
Ben Chapman: To ask the Secretary of State for Foreign and Commonwealth Affairs how many payments to UK nationals from the UN Compensation Commission relating to detention in Iraq during the first Gulf war have been subject to delay; and what the average length of this delay was. [137446]
Dr. Howells: Individuals claims had to be filed with the UN Compensation Commission (UNCC) by 1 January 1995; corporate and government claims by 1 January 1996. 5,000 UK claimants duly received awards from the UNCC totalling US$ 428 million.
The Foreign and Commonwealth Office was initially unable to locate 47 of the successful UK claimants on the basis of information provided by the UNCC. However, following renewed efforts in 2006, we subsequently located 26 of the 47 and are currently in the process of finalising the payment of their outstanding awards.
To calculate the average time between the lodging of the 5,000 UK claims and the payments (made in instalments) could not be done without incurring disproportionate cost.
Ben Chapman: To ask the Secretary of State for Foreign and Commonwealth Affairs what discussions she has held with the UN on (a) payments to UK nationals relating to their detention in Iraq during the first Gulf war from the UN Compensation Commission which were delayed and (b) the interest accrued during these delays. [137447]
Dr. Howells: My right hon. Friend the Foreign Secretary has not had any discussions with the UN about delayed payments to UK nationals from the UN Compensation Commission relating to their detention in Iraq, and the interest accrued.
We are aware, however, that in some cases claimants may face difficulties in making such repayments, and we will handle these with due concern for their welfare.
Krishna Maharaj
Peter Bottomley: To ask the Secretary of State for Foreign and Commonwealth Affairs if she will make representations to the Florida state hearings on Krishna Maharaj that he be granted a clemency hearing or a new trial. [139180]
Mr. McCartney: Mr. Maharaj has a part-hearing scheduled today before the aides to the Florida Clemency Board. A second part of the hearing will be heard in August when Mr. Maharaj’s lawyer will put forward his case. An official from our consulate in Orlando will be attending that later hearing. Consular officials only attend court hearings in exceptional circumstances such as these. I have written to the Governor of Florida in support of Mr. Maharaj’s clemency plea.
Peter Bottomley: To ask the Secretary of State for Foreign and Commonwealth Affairs, how many times officials from her Department have (a) met and (b) made representations on behalf of Krishna Maharaj. [139181]
Mr. McCartney: Officials from our consulate in Orlando have met with Mr. Maharaj on several occasions since 2002 when he was re-sentenced to life imprisonment. The most recent of these visits was made by our consul on 19 January. Mr. Maharaj and his wife are in frequent contact with our consular officials in Orlando both by letter and telephone.
Since 2002, we have submitted three amicus curiae briefs to the US courts on a point of international law in Mr. Maharaj’s case. Officials from the Foreign and Commonwealth Office both here and overseas are following this case very closely, and representations at official level are made at every appropriate opportunity. We continue to monitor the case in consultation with Mr. Maharaj’s legal representatives in the US and UK.
Peter Bottomley: To ask the Secretary of State for Foreign and Commonwealth Affairs what information she has on the date of the next hearing on the application for clemency on behalf of Krishna Maharaj; and if she will arrange for a representative of her Department to be present at the hearing. [139182]
Mr. McCartney: I refer the hon. Member to the answer I gave him today (UIN 139180).
Peter Bottomley: To ask the Secretary of State for Foreign and Commonwealth Affairs when a Minister from her Department last spoke with Paul Lomas of Freshfields and the hon. Member for Worthing, West concerning the applications for a clemency hearing or a new trial of Krishna Maharaj [139183]
Mr. McCartney: I met the hon. Member and members of the law firm, Freshfields, on 2 October 2006 to discuss supporting Mr. Maharaj’s plea for clemency.
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