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Lord Lester of Herne Hill asked Her Majesty's Government:
- What are their objections to permitting individuals to have recourse to the Committee on the Elimination of Racial Discrimination established under Article 8 of the International Convention on the Elimination of all Forms of Racial Discrimination (1966) in relation to complaints where there is no effective remedy in United Kingdom law.[HL1479]
Lord Williams of Mostyn: As stated in my reply to the noble Baroness, Lady Lockwood, on 3 March (Official Report, col. WA 201-202) our reason is that accepting such additional complaints procedures could present an undesirable distraction in relation to the vital work of preparing for and bedding down the Human Rights Act.
Lord Lester of Herne Hill asked Her Majesty's Government:
- Whether they consider that additional rights are contained in the United Nations Convention Against Torture and the United Nations Convention on the Elimination of Racial Discrimination, respectively, over and above those contained in the European Convention on Human Rights; and, if so, what rights.[HL1458]
Lord Williams of Mostyn: The European Convention on Human Rights is drafted in general terms; the other instruments referred to are more specific. Although they cover broadly similar areas it is not possible to say definitively what rights are contained in each as they are living instruments which evolve over time and their interpretation depends upon the developing case law. We believe that the United Kingdom is compliant with all these instruments.
Lord Lester of Herne Hill asked Her Majesty's Government:
- What are their objections to permitting individuals to have recourse to the Committee against Torture established under Article 17 of the Convention against Torture and other Cruel, Inhuman or Degrading Treatment of Punishment (1984) in relation to complaints where there is no effective remedy in United Kingdom law.[HL1480]
Lord Williams of Mostyn: As stated in my reply to the noble Baroness, Lady Lockwood, on 4 March (Official Report col. WA 201-202) our reason is that accepting such additional complaints procedures could present an undesirable distraction in relation to the vital work of preparing for and bedding down the Human Rights Act.
Lord Lester of Herne Hill asked Her Majesty's Government:
- What are their objections to permitting individuals to have recourse to the United Nations Human Rights committee established under Article 28 of the International Covenant on Civil and Political Rights (1966) in relation to complaints where there is no effective remedy in United Kingdom law.[HL1481]
Lord Williams of Mostyn: As stated in my reply to the noble Baroness, Lady Lockwood, on 4 March (Official Report, col. WA 201-202) our reason is that accepting such additional complaints procedures could present an undesirable distraction in relation to the vital work of preparing for and bedding down the Human Rights Act.
Lord Lester of Herne Hill asked Her Majesty's Government:
- When they will decide whether legislation is necessary to enable the United Kingdom to ratify the Fourth Protocol to the European Convention on Human Rights.[HL1457]
Lord Williams of Mostyn: The Fourth Protocol raises difficult issues, including the need for legislation. We will keep them under consideration.
Data Protection Act 1998: Implementation
Lord Acton asked Her Majesty's Government:
- What progress they are making toward bringing the Data Protection Act 1998 into force.[HL1646]
Lord Williams of Mostyn: We are making good progress in preparing the large amount of subordinate legislation needed to complete the regime created by the 1998 Act. We intend to make the drafts of the instruments available on the Internet in due course. We hope to bring the new regime into force by the end of June or as soon thereafter as we can.
Metropolitan Police: Objectives
Lord Graham of Edmonton asked Her Majesty's Government:
- Whether they have received the Metropolitan Police Committee's advice on proposed objectives for the Metropolitan Police in 1999-2000 and on an Efficiency Plan.[HL1648]
Lord Williams of Mostyn: Yes. Following consultation with the Metropolitan Police Committee and the Commissioner, my right honourable friend the Home Secretary has approved the following objectives for the Metropolitan Police in 1999-2000:
- 1. Dealing with Young Offenders
- To deal speedily and effectively with young offenders and to work with other agencies to reduce offending and re-offending.
- 2. Reducing Crime and Disorder
- To provide corporate support for local partnerships to reduce local crime and disorder.
- To reduce the incidence of repeat victimisation, specifically in respect of burglary, racial incidents, homophobic attacks and domestic violence.
- 3. Reducing Drug Related Crime
- To target and reduce drug related crime in partnership with other local agencies.
- 4. Diversity
- To increase the Metropolitan Police Service's (MPS) commitment to become an anti-racist
- organisation and the awareness and confidence of minority ethnic communities and groups in the MPS's ability to deal convincingly with Racially Motivated Crime.
Again with my right honourable friend the Home Secretary's approval, following consultation with the Metropolitan Police Committee, the Commissioner of the Metropolitan Police is publishing at the same time an Efficiency Plan for 1999-2000 which aims for efficiency gains of 3.5 per cent.
My right honourable friend the Home Secretary is sending copies of both these plans to all right honourable and honourable Members in the other place whose constituencies fall wholly or partly within the Metropolitan Police District and he is arranging for copies to be placed in the Library.
Asylum Applications: Estimates
Lord Graham of Edmonton asked Her Majesty's Government:
- Whether they will publish forecasts of asylum applications and details of how the cost of supporting asylum seekers is calculated.[HL1649]
Lord Williams of Mostyn: A note entitled 'Estimates of public expenditure on asylum seeker support' has been placed in the Library and circulated to interested parties. My right honourable friend the Home Secretary is also today publishing an Information Document which sets out further details of the proposed asylum support arrangements. He is arranging for copies to be sent to every Member and placed in the Library.
Justice and Home Affairs Council
Lord Graham of Edmonton asked Her Majesty's Government:
- What was the outcome of the Justice and Home Affairs Council held in Brussels on 12 March.[HL1650]
Lord Williams of Mostyn: The Home Secretary (Mr. Straw), the Minister of State at the Lord Chancellor's Department (Geoff Hoon) and the Parliamentary Under-Secretary of State at the Home Office (Kate Hoey), represented the United Kingdom at the Council. The main matters dealt with were as follows: 'A' points
The Council agreed as 'A' points, among other things, draft rules on the Europol pension fund, an extension of the mandate of the Europol Drugs Unit (EDU) management team, draft rules governing the transmission of personal data by Europol to third states and bodies, a report on the activities of EDU/Europol in 1998, and a Regulation determining those nationals of
third countries who require a visa when crossing the external borders of the European Union. Europol: Preparation for taking up activitiesThe Presidency sought information from individual member states on the progress they had made on agreeing the mandates for the appointment of Europol Directors, and on completing the exchange of bilateral notes with the Dutch Government which will govern the position of Europol Liaison Officers.
The Presidency also reported the latest state of play concerning the draft rules of procedure to be adopted by Europol's Joint Supervisory Body. This matter will be considered again at the Justice and Home Affairs Council (JHA) in May.
On the issue of the extension of Europol's mandate to cover forgery of money and means of payment, the Presidency confirmed that Coreper would re-examine an outstanding issue relating to the legal definition of the term 'forgery of money and means of payment'. Eurodac
The Council reached political agreement to freeze the text of the draft Protocol to the Eurodac Convention (adding illegal immigrants to the fingerprinting database for asylum seekers), pending the introduction of a First Pillar instrument after the coming into force of the Treaty of Amsterdam. It was noted that the opinion of the European Parliament on the draft Protocol was still outstanding and that a number of member states still had national parliamentary scrutiny reservations. Convention on Mutual Legal Assistance in criminal matters
The Presidency noted continuing reserves on issues relating to territorial application and data protection. One member state was urged to join agreement with the others on the 'remote approach' to satellite network interceptions of telecommunications within the member states. In the absence of agreement, the Presidency concluded that this issue would go back to Coreper and the relevant working group. Effect of the transition from the Maastricht to the Amsterdam Treaty on civil law conventions
The Council discussed opinions by the Commission and the Council Legal Services arguing that, after entry into force of the Amsterdam Treaty, ratification of the Brussels II and Service of Documents Conventions should be suspended as soon as Community instruments to replace them had been tabled. The Commission confirmed its intention to table replacement proposals reflecting exactly the content of the current conventions. The United Kingdom, with support from another member state, took the position that suspending ratification as soon as the Commission tabled a proposal, rather than when the instrument was adopted by the Council, risked leaving a legal vacuum.
The Presidency sought, and achieved, political agreement that member states should be free to continue the ratification process until any superseding Community instruments were adopted by the Council.
Revision of the Brussels and Lugano ConventionsThe Presidency reported on the current state of play. They hoped to make swift progress on the negotiation and to ensure proper arrangements were made for the Lugano countries in the context of any Community instrument. The United Kingdom took the position that there were strong political and legal arguments for continuing to discuss revision of the Brussels Convention as a convention, and that freezing discussion would send the wrong signal to the non-European Union States concerned. Internal Market and Consumer Protection
The Presidency reported on the current position in respect of draft Directives on late payments, electronic signatures, consumer guarantees and distance selling of financial services. Definition and integration of the Schengen Acquis
Under this agenda heading, my right honourable friend, the Home Secretary announced the United Kingdom's intentions regarding future participation in the incorporated Schengen provisions, the Free Movement Chapter of the Treaty of Amsterdam and Justice and Home Affairs matters generally. My right honourable friend the Home Secretary made it clear that, while we would maintain our frontier controls in line with the Amsterdam Treaty Protocol, we wished to co-operate in all other JHA areas which did not conflict with this objective, and notably police, customs and judicial co-operation in criminal matters. Other Business Asylum procedures
The Commission introduced a paper on harmonised procedures and called for discussion in the coming months. The paper stresses the importance of balancing the efficiency of the asylum process with fairness to the applicant. The Commission will submit formal proposals after further consultations. The Ocalan case
One member state welcomed the General Affairs Council Declaration of 22 February and said further work was needed to ensure respect for human rights and a fair trial for Ocalan, including the presence of international observers and avoidance of the death penalty. There was no discussion. Readmission clauses in association agreements
There was a call for the Council to adopt a common position on the inclusion of a standard clause on readmission in all third country agreements. It was agreed that comments on this item would be passed to the General Affairs Council. Mutual recognition/access to justice
My right honourable friend the Home Secretary gave notice of the United Kingdom's intention to table two papers for the Council's attention, one dealing with mutual recognition of court decisions and judgments, the other with access to justice in civil matters. Second Protocol to the Customs Information System Convention
This protocol was signed by members of the Council.
Meeting with the Central and Eastern European Countries (CEEs) and Cyprus
In the afternoon, Justice and Home Affairs Ministers met their counterparts from the CEEs and Cyprus. There was an exchange of views between the CEEs and Cyprus, and European Union member states, on the adverse effects of corruption, and on the steps necessary to combat corruption in both the public and private sectors.
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