Letter from the Chair of the Committee
to the Rt Hon Michael Wills MP, Minister of State, Ministry of
Justice
I would like to extend my thanks to you and
your colleagues, Lord Malloch-Brown and Ian Lucas MP for your
attendance before the Joint Committee on Human Rights on 14 July
2009.
During that session, you each promised to provide
the Committee with additional information in a supplementary written
memorandum or memoranda. The transcript of this session is now
available and has been forwarded to your officials for correction
(Question references below are to the uncorrected transcript,
HC 559-v).
In addition, there are a few additional questions
arising from the evidence we have received to which we would welcome
a Government response.
ORAL EVIDENCE
FOLLOW-UP
The following supplementary evidence was promised
in oral evidence on 14 July 2009:
1. A list of which Government departments,
if any, which have had problems in relation to Section 6(3)(b)
HRA, including through disputes, litigation or proposed Bill amendments,
since the decision of the HL in YL. We would be grateful if you
could list the Government's position in any litigation, or its
response to any amendments, if possible. (See Q365; Michael Wills
MP)
2. What role do human rights and, in particular,
conflict risk, play in the assessment of Export Credit Guarantee
applications? (See Q420423; Ian Lucas MP. See ECGD -v-
ICO and Hildyard (EA/2008/0071) Transcript, 6 July 2009, pages
8386)
3. You promised to provide a supplementary memorandum
on the Government's position in respect of public procurement
and human rights. It would be helpful to know what guidance is
currently provided to public authorities by central Government
on public procurement and human rights. Please provide examplesif
there are anyof good practice on public procurement and
human rights in the UK. (Q 432, Michael Wills MP) The JCHR last
commented on the role of public procurement, and the adequacy
of public guidance on human rights in it last report on the meaning
of public authority for the purposes of the Human Rights Act 1998
(Ninth Report of Session 2006-07, paragraphs 3361; 118123).
4. We asked the Ministers to consider the
approach of the Norwegian Government to ethical public investment.
Ian Lucas MP promised to consider the Norwegian position and come
back to the Committee (Q442).
Further information about the Norwegian approach
can be found in the submission of the Holly House Trust to our
inquiry (their submission is available online) and in the recent
submission of the Norwegian Government to Professor Ruggie on
their corporate social responsibility policies.[1]
The administration of the Norwegian public pension fund is overseen
by a Council of Ethics which is responsible for ensuring that
all investments comply with certain ethical principles. These
include that no investment may contribute to unethical acts or
omissions, such as violations of fundamental humanitarian principles,
serious violations of human rights, gross corruption or severe
environmental damages.[2]
ADDITIONAL QUESTIONS
(a) Government responsibilities
We understand that at least six Government departments
have responsibility for Government policy which may be relevant
to this inquiry: Justice; the Foreign and Commonwealth Office;
Business, Innovation and Skills; International Development; Work
and Pensions and Treasury.
5. Please confirm how responsibility for
human rights and the private sector, including responsibility
for corporate responsibility, is currently arranged across Government.
We would be grateful if you could explain which Ministers, departments
and agencies have responsibility for each area of Government policy;
and set out any recent relevant joint-working programmes or initiatives
undertaken, specifying the departments involved. (See Q389391)
In evidence, Ian Lucas MP, referred to a "steering
board across government" with responsibility for corporate
responsibility. This steering board included a number of Government
departments and agencies. (Q 391)
6. Please provide further information on
the cross-Government steering board on corporate responsibility.
In particular please tell us about its:
membership and structure;
working methods and objectives; and
responsibilities and achievements.
Lord Malloch-Brown explained that although the
Conflict Group at the Foreign and Commonwealth Office was responsible
for liaison with Professor Ruggie, the priorities for the Government
were not limited to conflict issues. The FCO was working specifically
with Professor Ruggie on conflict issues. The FCO also sees that
the human rights debate "needs to be integrated into foreign
policy across all sets of countries, all sets of company actors,
etc". (Q392).
7. Please explain how responsibility for
human rights issues is organised across the FCO.
(b) Current guidance for business
In evidence, Ian Lucas MP, helpfully explained
that Government has "support mechanisms within Government
to assist business in developing their human rights consciousness".
(Q375; see also Q394)
8. Please provide further details of the
"support mechanisms" which currently exist within Government
for the purposes of assisting businesses to develop their awareness
of human rights, both in relation to their activities within the
UK and overseas. We would be grateful if you could provide examples
of how these mechanisms work in practice.
The Minister went on to explain that, in his
view, the Foreign Office provides very detailed guidance for businesses
seeking to improve their practices overseas and that this role
was "very high" on the list of priorities for UK missions
engaging with British businesses abroad. (QQ394395)
9. We would be grateful for examples of
the circumstances in which guidance is provided by the Foreign
Office to businesses on the human rights impacts of their activities.
The Minister added that there was a "perception
of difference" between the work of the FCO and the work of
UKTI. He was "working hard to try... to ensure for UKTI human
rights are just as much of their agenda as they are for the Foreign
Office" (Q402). UKTI states that one of its key purposes
is to work with UK businesses "to ensure their success in
international markets". One of UKTI's strategic objectives
is to "deliver a measurable improvement in the reputation
of the UK in leading overseas markets as the international business
partner of choice."[3]
10. What steps, if any, has the Government
taken to integrate human rights into the objectives of UKTI?
(c) Private Sector and Human Rights Project
11. Please provide further details of the
scope and purpose of the Private Sector and Human Rights Project,
including the working methods employed, its aims and the departments
and agencies involved in the steering group for the project. In
respect of each department or agency, please explain their role
in the project. (Q388)
(d) Bilateral investment treaties
We asked about the conclusions of Professor
John Ruggie on the impact of stabilisation clauses in bilateral
investment treaties (Report of the UN Special Representative,
April 2009, paragraph 3133). Lord Malloch Brown explained
that the conclusion of these treaties were not the responsibility
of the FCO (Q409). Ian Lucas MP was concerned that we had not
reflected the observations of Professor Ruggie accurately (Q412).
12. How does the Government respond to the
concerns of Professor Ruggie that stablisation clauses in bilateral
investment treaties impact adversely on human rights in developing
countries? What is the Government's position on stabilisation
clauses? How, if at all, does the Government consider their potential
human rights implications?
(e) Companies Act 2006
13. During the passage of the Companies
Act 2006, the Government committed to review the operation of
the social and environmental requirements of the business review
within two years (by 2010). We would be grateful if you could
confirm the arrangements for that review, including the proposed
timetable. (See QQ 443445)
14. In the Government's view, are there
any lessons to be drawn from the already completed business reviews
for 2009?
(f) UK Commission for Human Rights, the Environment
and Business
15. In evidence, you told us that you did not
see the need for a dedicated Commission for Human Rights, the
Environment and Business. I would be grateful if you could provide
us with more detail on the Government's position. (Q460)
16. Do you see any place for the existing
UK human rights commissions in raising awareness among businesses
of the human rights impacts of their activities or having an educative
role in disseminating good practice? In the Government's view,
would this role be open to any of the EHRC, the SHRC or the NIHRC
within their existing mandates and resources?
SUPPLEMENTARY CALL
FOR EVIDENCE
On 9 June 2009, the Committee issued a supplementary
call for evidence, focusing on a number of recent Government activities
or initiatives. These included:
HM Government, Corporate Responsibility
Report, February 2009;
Foreign and Commonwealth Office, Consultation
on Promoting High Standards of Conduct by Private Military and
Security Companies (PMSCs) internationally, April 2009;
Industry and Exports (Financial Support)
Bill 2009; and
Draft Bribery Bill, May 2009.
17. If the Government would like to submit
supplementary evidence on the human rights implications of any
of these proposalsor other recent Government initiatives
affecting the private sector and human rightsthis would
be welcome.
UK GOVERNMENT SUBMISSIONS
18. We would be grateful if your officials
could provide us with copies of all submissions on behalf the
UK to Professor Ruggie and with any submissions made by the United
Kingdom intervening in any proceedings in the United States against
UK companies under the Alien Torts Claims Act (Alien Torts Statute).
I have copied this letter to Lord Malloch-Brown
at the FCO and Ian Lucas MP at the Department for Business, Innovation
and Skills, with whom you may wish to coordinate a Government
response.
21 July 2009
1 Available online through the Business and Human Rights
Resource Centre: http://www.business-humanrights.org/Links/Repository/643435 Back
2
http://www.regjeringen.no/en/sub/styrer-rad-utvalg/ethics_council/ethical-guidelines.html?id=425277 Back
3
https://www.uktradeinvest.gov.uk/ukti/appmanager/ukti/aboutus?_nfpb=true&_pageLabel=aims_objectives&_nfls=false Back
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