---

Race Relations Act: Review

Lord Lester of Herne Hill asked Her Majesty's Government:

Whether they intend to introduce legislation to fill the gap in the Race Relations Act 1976, identified by

31 Mar 1999 : Column WA74

the Employment Appeal Tribunal in Arthur v. Attorney General, so as to enable an alleged victim of racial discrimination by an Advisory Committee on Justices of the Peace to obtain an effective legal remedy following its failure to recommend his or her appointment as a lay magistrate.[HL1667]

The Lord Chancellor: The Government are carefully considering the judgment and recommendations made by the Employment Appeal Tribunal in Arthur v. Attorney General in the context of the current review of the Race Relations Act 1976.

Prisons Ombudsman: Terms of Reference

Lord Varley asked Her Majesty's Government:

What changes there have been to the terms of reference of the Prisons Ombudsman.[HL1876]

The Minister of State, Home Office (Lord Williams of Mostyn): Following an internal Home Office review last November, a copy of which is in the Library, we have decided to revise and extend the terms of reference of the Prisons Ombudsman. The revised terms of reference, which have been agreed with the Ombudsman, will come into effect from 1 May. They will allow the Ombudsman a wider role in considering complaints made by prisoners, by additionally including investigation of official advice upon which Ministers' decisions are made. A full copy of the Prisons Ombudsman's revised terms has been placed in the Library.

31 Mar 1999 : Column WA75

The Prison Service

Lord Varley asked Her Majesty's Government:

When they intend to publish the continued agency status for the Prison Service; whether a revised Framework Document has now been finalised; when they intend to publish the Prison Service's Corporate and Business Plans; and what changes they have made to the Prison Service's Key Indicators for 1999-2000.[HL1877]

Lord Williams of Mostyn: The new Framework Document is now complete and I am today placing copies of it in the Library. The Framework Document governs the relationship between the Prison Service and the core Home Office, setting out the roles of the principal players and bodies including the Prison Service Strategy Board to be chaired by me, the Minister for Prisons and Probation, within a framework of responsibilities and accountabilities. The document reflects the Government's commitment to take proper Ministerial responsibility for the service and the role of the Prison Service as a major component of the wider criminal justice system. It includes material about the planning framework and the Key Performance Indicators (KPIs).

The Prison Service's Corporate Plan for 1999-2000 to 2001-02 and Business Plan for 1999-2000 is published today. A copy has been placed in the Library.

The Prison Service's KPIs are kept under review regularly to ensure that they reflect current key priorities for the service. For 1999-2000 the Prison Service will introduce new performance measures arising from the Home Office Public Service Agreement. My right honourable friend the Home Secretary has approved new measures for escapes from contracted-out escorts, staff sickness, cost per prisoner and the time taken to respond to correspondence.

The KPI on overcrowding will be changed to measure the percentage of the prison population held two to a cell designed for one. This will better reflect the impact of overcrowding on individual prisoners.

Two existing measures will be discontinued next year: time out of cell and staff training. With the emphasis now being given to regimes designed to reduce re-offending, and the gradual introduction of in-cell TV, it is becoming more important to measure what prisoners do when out of their cells than the length of time they are unlocked. Staff training will remain important. A primary focus for the service in 1999-2000 is to gain Investors in People accreditation which requires evidence of properly targeted training and development for all staff.

The full list of KPI measures, and specific targets for 1999-2000 are:

Escapes:

To ensure no category A prisoners escape.

To ensure that the number of escapes from prison, and escorts undertaken by Prison Service staff, expressed as a proportion of the prison population, is lower than 0.05 per cent.

31 Mar 1999 : Column WA76

To ensure that the number of escapes from contracted-out escorts is no more than 1 per 20,000 prisoners handled.

Assaults:

To ensure that the number of positive adjudications of assault on staff, prisoners, and others, expressed as a proportion of the average population, is lower than 9 per cent.

Drugs:

To ensure that the rate of positive results from random drug tests is lower than 18.5 per cent.

Overcrowding:

To ensure that the number of prisoners held two to a cell designed for one, expressed as a percentage of the population, does not exceed 18 per cent.

Purposeful activity:

To ensure that prisoners spend on average at least 24 hours per week engaged in purposeful activity.

Offending behaviour programmes:

To ensure that there are at least 3,600 completions by prisoners of offending behaviour programmes accredited as being effective in reducing re-offending, of which 700 should be completions of sex offender treatment programmes.

Cost per place:

To ensure that the average cost per uncrowded prison place does not exceed £26,208.

Cost per prisoner:

To ensure that the average cost per prisoner does not exceed £27,392.

Staff sickness:

To ensure that average staff sickness does not exceed 12.5 working days per person.

Correspondence handling:

To ensure that 95 per cent. of correspondence receives a reply within 20 days by October 1999.

The target for staff sickness is provisional and will be reviewed later in the year following an independent audit of data quality.

International Covenant on Civil and Political Rights

Lord Lester of Herne Hill asked Her Majesty's Government:

Whether they recognise that there are additional rights in the International Covenant on Civil and Political Rights which are not contained in the European Convention on Human Rights.[HL1777]

Lord Williams of Mostyn: Yes. The International Covenant on Civil and Political Rights and the European Convention on Human Rights cover broadly similar areas but the definitions in the former are more specific and may give rise to rights which are not necessarily contained in the European Convention on Human

31 Mar 1999 : Column WA77

Rights. However, we seek to comply with both instruments.

Joint Committee on Human Rights: Terms of Reference

Lord Lester of Herne Hill asked Her Majesty's Government:

Whether they intend that the proposed Joint Committee on Human Rights should be empowered to scrutinise proposed legislation for its compatibility with human rights.[HL1744]

Lord Williams of Mostyn: The terms of reference for the Joint Committee have yet to be finalised and proposed to both Houses. However, it is envisaged that they will include the conduct of inquiries into general human rights issues in the United Kingdom, the scrutiny of remedial orders, the examination of draft legislation where there is doubt about compatibility with the incorporated convention rights and the issue of whether there is a need for a Human Rights Commission to monitor the operation of the Human Rights Act.

Right of Individual Petition under International Conventions

Lord Lester of Herne Hill asked Her Majesty's Government:

How the acceptance of the right of individual petition under the Optional Protocol to the International Covenant on Civil and Political Rights, the Convention Against Torture and the Convention for the Elimination of all forms of Racial Discrimination, will interfere with the implementation of the Human Rights Act 1998.[HL1778]

Lord Williams of Mostyn: There is a great deal of work to be done by public authorities across the United Kingdom to prepare for the commencement of the Human Rights Act 1998 and to ensure that it is assimilated successfully. The Government consider that preparing for the right of individual petition under the International Covenant on Civil and Political Rights, and the other Conventions, and responding to any complaints which may be brought under those procedures, is likely to divert resources from implementing the Human Rights Act 1998.

Schengen Agreement

The Earl of Dundonald asked Her Majesty's Government:

What progress has been made towards the adoption of the Schengen Agreement across the European Union with regard to border controls; and[HL1761]

Whether they have held discussions with their European Union counterparts over the adoption of the Schengen Agreement across the European Union; and[HL1762]

31 Mar 1999 : Column WA78

What effect the adoption of the Schengen Agreement across the European Union with regard to border controls will have on the resolution of the frontier dispute between Spain and Gibraltar.[HL1763]

Lord Williams of Mostyn: Thirteen of the fifteen member states of the European Union are now members of the Schengen arrangements. The Schengen acquis (the agreements and the rules adopted on the basis of them) will be incorporated into the framework of the European Union by the Schengen Protocol to the Treaty of Amsterdam, which it is expected will come into force on 1 May 1999. The Home Secretary announced to the Justice and Home Affairs Council on 12 March that the United Kingdom intends to seek to participate in those elements of the Schengen acquis which do not conflict with the maintenance of our frontier controls.

The United Kingdom has been fully involved in all discussions on the integration of the Schengen acquis into the European Union Treaty structures. The Government will discuss the precise terms of our participation with our European Union partners. The Government expect that Gibraltar's participation in the integrated Schengen acquis will be along similar lines to the United Kingdom. The Government believe that the United Kingdom's intended participation in Schengen will be seen as an indication of our positive approach to Europe and will serve to improve European Union co-operation generally.

Spain will acquire no extra powers or responsibilities when the Treaty of Amsterdam comes into force so far as the border between Spain and Gibraltar is concerned. The United Kingdom's frontiers protocol will confirm the right of the United Kingdom and Gibraltar to maintain frontier controls on persons seeking entry from other member states; it will also confirm the reciprocal right of other member states, including Spain, to maintain frontier controls on persons seeking entry from the United Kingdom and Gibraltar. In each case such controls must be exercised in a proportionate manner and for clearly defined purposes only. These purposes are specified in the protocol: in the case of persons exercising rights conferred by Community law, it is to verify their right to enter; and in the case of other persons, it is to determine whether or not to grant them permission to enter.

---