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Written Answers
Wednesday, 20th May 1998.
Democratic Republic of Congo:Asylum Policy
Lord Acton asked Her Majesty's Government:
- What is their policy towards asylum seekers from the Democratic Republic of the Congo.[HL2015]
The Parliamentary Under-Secretary of State, Home Office (Lord Williams of Mostyn): My right honourable friend the Home Secretary announced in another place on 16 May 1997 that he has made a declaration under the Social Security (Persons from Abroad) Miscellaneous Amendments Regulations 1996 that the former Zaire had undergone such an upheaval that we would not seek to enforce the return of refused asylum seekers to that country for the time being.
The new government of what is now the Democratic Republic of the Congo (DRC) has been in power for a year. The situation in the country has been carefully monitored and there have been consultations with the Foreign and Commonwealth Office and with other European partners. Information has also been obtained from a range of sources, including the United Nations High Commissioner for Refugees. Although there is conflict in the east of the country, security conditions in Kinshasa and in western areas of the DRC have been relatively stable for some months.
The information received about conditions in the DRC enables us to make an informed assessment of the merits of asylum applications made prior to the upheaval and subsequently, in accordance with our international obligations. The Home Office will review all outstanding claims, including those which have previously been refused and are awaiting appeal hearings. Individuals whose claims have already been refused and determined by the independent Immigration Appellate Authority and who are either liable to removal or are awaiting further consideration will be able to submit fresh applications for consideration, which, if refused, will attract a fresh right of appeal. If an applicant is able to demonstrate that his fear of persecution is well founded, then asylum will be granted. Also, consideration will be given where there are exceptional and compelling humanitarian reasons for not enforcing return. If asylum or exceptional treatment is not merited, the normal course will be to expect applicants to return to the DRC. We will continue to monitor developments in the region.
Huntingdon Life Sciences
Lord Morris of Manchester asked Her Majesty's Government:
- Whether any research operations at Huntingdon Life Sciences (HLS) are in breach of regulations governing cruelty to animals; and whether a
- Certificate of Designation is in force in respect
of HLS.[HL1858]
Lord Williams of Mostyn: As far as I am aware, all work being carried out at Huntingdon Life Sciences and which falls under the terms of the Animals (Scientific Procedures) Act 1986 has appropriate licence authorities. We are not aware of any breaches of the 1986 Act or of the Protection of Animals Act 1911.
A Certificate of Designation is in force which covers the company's sites at both Huntingdon and Eye.
Speaker's Conferences on Electoral Law: Papers
Lord Avebury asked Her Majesty's Government:
- What attempts they have made to find copies of the papers from the Speaker's Conferences on Electoral Law of 1916-17 and 1929-30.[HL1848]
Lord Williams of Mostyn: My officials have not been able to trace any papers for the Speaker's Conference of 1916-17, but are continuing to search. Some Home Office files containing a limited number of papers from the Speaker's Conference of 1929-30 are in the Public Record Office.
Cavalry Sunday: Security Measures
Lord Tebbit asked Her Majesty's Government:
- Which organisation was responsible for the threat to the safety of those present at the parade of the Cavalry Association in Hyde Park on 11 May which required the imposition of stringent security measures, including restriction of public access to certain areas of the park.[HL1855]
Lord Williams of Mostyn: Acting on advice from the Metropolitan Police Special Branch, the Royal Parks Police decided to close a small part of the Serpentine road to pedestrians during the events of Cavalry Sunday on 10 May. This was in response to the perceived potential threat to the mainland from those who remain wedded to violence and opposed to the Peace Process.
Scottish Pistol Association
Lord Burton asked Her Majesty's Government:
- What attempt the Home Office Operational Police Policy Unit made to involve or consult (a) any Scottish firearms clubs or association and (b) the Deer Commission for Scotland, on their proposed changes to the Firearm Rules and Firearms Forms; and why, after confirming with Lord Burton's office on 5 May the name and address of a Scottish consultee, they had not communicated with him by 12 May; and [HL1887]
Why, further to the letter dated 5 May from the Scottish Office, Home Department, Police Division, to Mr. T. McCarthy, the Secretary to the Scottish Pistol Association, regarding consultation on matters
- affecting the administration of the Firearms Acts, he has neither been supplied with any documents nor been consulted by the Home Office Operational Police Policy Unit in London in connection with their review of the proposed changes to the firearms rules and forms.[HL1884]
Lord Williams of Mostyn: The Home Office commenced consultation on the revision of the firearms forms on 5 December 1997. In accordance with established practice, the Home Office consulted bodies representing shooting sports in Great Britain as a whole. Consultation between branches and affiliates of those bodies in England, Wales and Scotland is principally a matter for the bodies themselves.
Consultation on the forms formally concluded on Thursday 5 May. The Scottish Home Department informed the Home Office on that day that the Scottish Pistol Association wished to be included in future consultation exercises. This has been noted for future reference, but until then we had not received any suggestion that any specific Scottish group wished to be consulted independently of the Great Britain organisations.
The Scottish Pistol Association wrote to the Home Office on Saturday 9 May to request a copy of the draft forms, and a copy was posted to them early on Monday 11 May.
Firearms Licensing: Medical Information
Lord Burton asked Her Majesty's Government:
- What assurances an applicant for a firearm or shotgun certificate will have to maintain "patient confidentiality" between himself and his doctor, if the proposals made by the Home Office Operational Police Policy Unit are adopted, to require or authorise enquiries to be made by police officers or police civilians directly with the applicant's general medical practitioner; what safeguards the Government propose to build into these proposals; and whether they will place in the Library of the House copies of advice they have received from the British Medical Association and other professional medical bodies; and[HL1882]
What assurances an applicant for a firearm or shotgun certificate will have that enquiring police officers or police civilians have a satisfactory understanding of the medical facts presented to them, if the proposals made by the Home Office Operational Police Policy Unit are adopted to require future applications to disclose to the police "any medical condition" or "disability" the applicants have or may have had; what safeguards the Government propose to build into these proposals; and whether they will place in the Library of the House copies of the advice they have received from the British Medical Association and other professional medical bodies.[HL1883]
Lord Williams of Mostyn: The firearms rules, which prescribe various forms used in the firearms licensing system, are in the process of being revised to take
account of the recent changes in firearms law. The new application form for a firearm certificate will contain a number of questions about the applicant's health. An applicant's medical condition or history may be a relevant factor in determining fitness to possess firearms. It is only right that the chief officer of police should have this information in order to reach an informed judgment on an application. Accordingly, it is proposed that the application form should seek the applicant's authority for the police to obtain factual information about these conditions from his doctor. It will be for individual chief officers to ensure that such information can be interpreted properly, through either appropriate training or access to professional medical advice. Correspondence from individuals and bodies with whom we may consult as a matter of routine is not normally published and we have no plans to do so.Northern Ireland: Illegal Diesel Imports
Lord Alderdice asked Her Majesty's Government:
- What action is being taken to prevent the illegal importation into Northern Ireland of diesel fuel.[HL1874]
Lord McIntosh of Haringey: The Government recognise that the illegal importation of duty paid diesel fuel across the border into Northern Ireland for resale is a serious problem which disadvantages legitimate traders. HM Customs are taking the lead, acting in conjunction with other authorities including the Royal Ulster Constabulary, in deploying resources and actively mounting investigations against those involved to counter the threat posed to the revenue and to the Northern Ireland business community. Wherever possible, cases are progressed with a view to criminal prosecution of the individuals concerned.
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