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Immigration (Carriers' Liability) Act 1987: Charges
Lord Berkeley asked Her Majesty's Government:
- Further to the Written Answer by Lord Bassam of Brighton on 18 October (WA 91) on the Immigration (Carriers' Liability) Act 1987, what charges were incurred and owed for each of the last five years by carriers registered in (a) the United Kingdom (b) each other European Union member state; and (c) other countries.[HL4381]
The Parliamentary Under-Secretary of State, Home Office (Lord Bassam of Brighton): The information requested is currently unavailable and could only be obtained at a disproportionate cost.
Human Rights: Protocol No. 12
Lord Lester of Herne Hill asked Her Majesty's Government:
- Further to the Written Answer by Lord Bassam of Brighton on 23 October (WA 14), whether there is any basis in the case law of the European Court of Human Rights or in any other international or comparative jurisprudence to support the Government's concern that the European Court of Human Rights might interpret Protocol 12 to the European Convention on Human Rights in a way which did not allow objective and reasonably justified distinctions; and, if not, what is the basis for the Government's concern.[HL4430]
Lord Bassam of Brighton: The current case law of the European Court of Human Rights suggests that objective and reasonably justified distinctions do not constitute discrimination for the purposes of Article 14 of the European Convention on Human Rights. But the Court's interpretation of the Convention evolves and it is not bound by previous judgments. It was for this reason that we sought, though without success, for this principle to be included in the text of the Protocol itself.
Lord Lester of Herne Hill asked Her Majesty's Government:
- Further to the Written Answer by Lord Bassam of Brighton on 23 October (WA 14), whether there is any basis in the case law of the European Court of Human Rights or in any other international or comparative jurisprudence to suggest that the European Court of Human Rights would not interpret Protocol 12 to the European Convention on Human Rights in a way which enabled contracting states to take positive and proportionate measures to overcome the effects of past discrimination and to promote the effective enjoyment of equality of treatment without discrimination; and, if not, what is the basis for the Government's concern.[HL4431]
Lord Bassam of Brighton: It may be that the European Court of Human Rights would hold that positive and proportionate action to overcome the effects of past discrimination did not constitute discrimination for the purposes of Protocol 12 to the European Convention on Human Rights. We consider, however, and have argued without success, that there should be some specific provision to this effect in the text of the Protocol itself.
Lord Lester of Herne Hill asked Her Majesty's Government:
- Further to the Written Answer by Lord Bassam of Brighton on 23 October (WA 13), which human rights and which international agreement the Government have in mind in relation to their concern that the European Court of Human Rights might hold (under Protocol 12 to the European Convention on Human Rights) that such rights are protected against discrimination under Protocol 12. [HL4429]
Lord Bassam of Brighton: There are a number of provisions in international agreements--for instance, the International Covenant on Economic, Social and Cultural Rights--which it has not been thought appropriate to incorporate into the law of the United Kingdom because, for example, they are aspirational. There is nothing in the text of Protocol 12, or even in its preamble, to exclude these rights from the coverage of the Protocol.
Lord Lester of Herne Hill asked Her Majesty's Government:
- Further to the Written Answer by the Lord Bassam of Brighton on 25 October (WA 45), whether they signed the Political Declaration adopted by the Committee of Ministers of the Council of Europe on 13 October at the conclusion of the European Conference Against Racism; and, if so, what are their reasons for being willing to adopt this statement while being unwilling to sign and ratify Protocol No. 12 to the European Convention on Human Rights on behalf of the United Kingdom. [HL4461]
Lord Bassam of Brighton: The Government have signed the Political Declaration. They thus committed themselves to considering signature and ratification, as soon as possible and without reservations, of relevant universal and European human rights instruments for which such action had not yet been taken. The Government did not sign Protocol 12 when it was opened for signature in Rome on 4 November and have no present plans to do so, but they have not indefinitely ruled out signature and ratification. They will keep their position under consideration in the light of the interpretation of the Protocol by the European Court of Human Rights.
Northern Ireland: Immigration Detention
Lord Avebury asked Her Majesty's Government:
- When they expect to publish the review of the use of immigration detention in Northern Ireland, promised during the proceedings on the Immigration and Asylum Bill.[HL4449]
Lord Bassam of Brighton: The review to which the noble Lord refers involves consideration by immigration officials in conjunction with colleagues in the Northern Ireland Prison Service as to the most appropriate place for the detention of Immigration Act Detainees who are encountered there. Everyone agrees that the current arrangements, where male detainees are accommodated with convicted prisoners are far from ideal.
The review has needed to take into account the needs of the detainees; their friends, relatives and representatives but the solution must also be cost
effective. We will also consider the views expressed by the Northern Ireland Law Centre in its report on the detention of asylum seekers in Northern Ireland. Various meetings and discussions have taken place but there is still more work to do. We are expecting to reach a conclusion by the end of this year. However, the Government do not see any need to publish the details of the deliberations, but we will, of course, make known the intended course of action when this has been decided.Immigration Detainees: Prison Service Accommodation
Lord Avebury asked Her Majesty's Government:
- What are the terms of the agreements between the Immigration and Nationality Department and the Prison Services in England and Wales, Scotland and Northern Ireland respectively under which the Prison Services make accommodation available within their estate for Immigration Act detainees; and what is the current number of places being provided in prisons in each jurisdiction for this purpose.[HL4447]
Lord Bassam of Brighton: In 1994 Ministers agreed that the Prison Service would provide approximately 500 places for immigration detainees to be held in prisons. No formal contract or service level agreement was made at the time.
In 2000, in pursuit of the Government's long-term strategy to rationalise and reduce the use of prisons for Immigration Act detainees, the Prison Service and the Immigration and Nationality Department agreed a package to provide immigration detention places separate from convicted prisoners; closer to meeting geographical needs and, in a small number of locations, better to meet the needs of immigration detainees. This included the closure of HMP Aldington and the transfer of the site for development as an Immigration Detention Centre in Spring 2002, and the opening in July 2000 of Lindholme Detainee Centre run by the Prison Service under a four-year service level agreement.
The current number of places being provided by the Prison Service in England and Wales is 112 in Lindholme, 198 in Rochester and 150 in Haslar, and a small number of places in mainstream prisons which varies from day to day between 70 and 100. In Scotland, 60 places are available at HMP Greenock and in Northern Ireland a small number of places, rarely in excess of seven, at HMPs Magilligan and Maghaberry.
The Prison Service will soon be making a further 500 places available to the Immigration Service for a period of about one year to support the programme of removals from the United Kingdom, until the new Immigration Service detention centres come on stream during 2001. The location of these further Prison Service places has yet to be determined.
Major Road Schemes
Baroness Scott of Needham Market asked Her Majesty's Government:
- Whether they will list all the major road schemes costing over £5 million included in the full Local Transport Plans submitted by local authorities; and whether they will place copies of the Appraisal Summary Tables for these, where submitted, in the Library of the House; and[HL4459]
Whether they will list all major road schemes by each local authority which cost over £5 million and which were submitted to the Government as supplementary bids to the full Local Transport Plan.[HL4460]
The Minister of State, Department of the Environment, Transport and the Regions (Lord Macdonald of Tradeston): A total of 129 proposals for new major transport schemes were contained in the full Local Transport Plans submitted by local authorities in July this year. These include proposals for road, public transport, light rail and heavy rail schemes. A further 10 road schemes were submitted as supplementary bids in response to the opportunity that we extended to authorities to supply additional information in the light of the 10-Year Plan. The table shows all the schemes which are either road schemes or contain a major road element. Those which came forward as supplementary bids are shown in italics. Copies of the Appraisal Summary Tables for these schemes, where they have been provided, will be placed in the Library of the House.
| Authority | Scheme |
| Barnsley | Cudworth Bypass |
| Birmingham | Northfield Regeneration Scheme |
| Selly Oak Access Road | |
| Bristol | A4 Bath Road--Callington Road Link |
| Buckinghamshire | A418 Route Improvements (Wing Bypass) |
| Cornwall | A39 Camelford Bypass |
| Cheshire | A500-A534 Link Crewe |
| A34 Alderley Edge Environmental Bypass | |
| Cumbria | Carlisle Northern Development Route |
| Darlington | Eastern Transport Corridor |
| Derbyshire | Markham Employment Growth Zone |
| A6096 Ilkeston Awsworth Link | |
| Devon | Barnstaple Western Bypass |
| Dorset | Weymouth Relief Road |
| Durham | A688 Wheatley Hill to Bowburn Link |
| A167 Chilton Bypass | |
| East Durham Link Road | |
| A689 Sedgefield to Wynard Improvement | |
| East Sussex | Newhaven Port Access Road |
| Essex | Canvey Island Integrated Transport Project--Roscommon Way |
| Gloucestershire | Eastern Spine Road |
| Kent | East Kent Access Phase 1 |
| East Kent Access Phase 2 | |
| Lancashire | M6 Heysham Link Road |
| Leeds | East Leeds Link Road |
| Inner Ring Road Stage 7 | |
| Leicestershire | Earl Shilton Bypass |
| A607 Rearsby Bypass | |
| Lincolnshire | A52 Grantham East-West Improvement |
| A158/C541 Coastal Access Improvement | |
| A1073 Spalding to Eye Improvement | |
| Liverpool City | Hall Lane Area Improvement Scheme |
| Luton | East Luton Corridor (South) |
| Medway | A228 Main Rd to Ropers Lane (Phase 1) |
| A228 Ropers Lane to Isle of Grain (Phase 2) | |
| Middlesbrough | East Middlesbrough Transport Corridor |
| Milton Keynes | Bletchley Link |
| Norfolk | Nar Ouse Regeneration Project |
| Great Yarmouth A47/A149 Link | |
| Newcastle | New Tyne Crossing |
| Scotswood Road Improvement | |
| North Tyneside | A1056 Northern Gateway Stage 2 |
| A1056 Northern Gateway Stage 3 | |
| Poole | Poole Bridge Regeneration Initiative |
| Reading | A33 Interchanges |
| Rotherham | A631 West Bawtry Road Improvement |
| Rutland | Oakham Bypass |
| Salford | A57 Cadishead Way |
| Sandwell | Cradley Heath Town Centre Strategy |
| Owen Street Level Crossing Relief Road | |
| Sheffield | Inner Relief Road--Stages 2 & 3 |
| Somerset | North West Taunton Package |
| Staffordshire | Biddulph Inner Bypass |
| Rugeley Bypass | |
| Stoke-on-Trent | Hanley Bentilee Link |
| City Centre Link | |
| Suffolk | South Lowestoft Relief Road |
| A134 Sudbury Western Bypass | |
| Sunderland | Southern Radial Route |
| Central Route | |
| Hetton Bypass | |
| Doxford Park-Ryhope Link Road | |
| Surrey | Kiln Lane Link, Epsom |
| Tameside | The Glossop Spur |
| Thurrock | West Thurrock Regeneration Ring Road |
| Wakefield | Hemsworth--A1 Link Road |
| Glasshoughton Coalfields Link Road | |
| Walsall | Town Centre Transport Package |
| Warrington | Bridgefoot Environmental Enhancement |
| Manchester Ship Canal Crossing Facilities | |
| Warwickshire | Barford Bypass |
| Rugby Western Relief Road | |
| West Sussex | A24 Horsham--Capel Improvement |
| Wigan | Integrated Transport Scheme |
| Wiltshire | Salisbury Transport Study Package |
| Western Wiltshire Sustainable Transport Package | |
| Worcestershire | Wyre Piddle Bypass |
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