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Written Answers
Thursday, 1st March 2001.
Treaty of Nice
Lord Pearson of Rannoch asked Her Majesty's Government:
- Further to the statement by Baroness Scotland of Asthal on 6 February (H.L. Deb., col. 1047) that the final version of the Nice Treaty is to be signed in Nice on 26 February: (a) what is the present legal status of the documents signed at the Inter-Governmental Conference in Nice in December 2000; (b) what are the differences between those documents and the documents to be signed on 26 February; (c) how were any changes between the two agreed; and (d) what would be the effect of the United Kingdom withholding its signature on 26 February. [HL721]
The Parliamentary Under-Secretary of State, Foreign and Commonwealth Office (Baroness Scotland of Asthal): Document SN 1247/1/01 REV1 contains the text of the Treaty of Nice in its definitive form. That text was signed in Nice on 26 February and is available in the Libraries of both Houses.
Following the Nice European Council, minor changes were made to the draft treaty at the meetings of the Permanent Representatives Committee on 20 and 21 December. These addressed inconsistencies in the text and between language versions and provided legal clarification of the decisions taken. The text was then finalised from a technical and linguistic point of view by the lawyer-linguists of the Council in conjunction with lawyers from the member states.
For the Treaty of Nice to enter into force it must be signed and ratified by all the member states. Therefore if the UK had not signed and did not go on to ratify the treaty it could not enter into force. The Government did not withhold their signature and will introduce legislation to enable them to ratify the treaty.
Subsidiarity and the Single Market
Lord Pearson of Rannoch asked Her Majesty's Government:
- Whether the principle of subsidiarity applies to European Single Market Legislation. [HL805]
Baroness Scotland of Asthal: Article 5 of the treaty establishing the European Community provides that the principle of subsidiarity applies to all Community legislation except for any which comes within the exclusive competence of the Community. Single market legislation does not fall within the exclusive competence of the Community and therefore the principle of subsidiarity applies to it.
Luxembourg Compromise
Lord Pearson of Rannoch asked Her Majesty's Government:
- What is the present status in European law of the Luxembourg Compromise. [HL807]
Baroness Scotland of Asthal: The Luxembourg Compromise derives from a political agreement reached in 1966. It has never appeared in the Community treaties and has no formal legal status.
Israel: Land for Peace Negotiations
Lord Moynihan asked Her Majesty's Government:
- What representations they have made to Ariel Sharon as Prime Minister of Israel to continue the land for peace negotiations with the Palestinians. [HL900]
Baroness Scotland of Asthal: The Prime Minister has urged the Israeli Prime Minister elect, General Sharon, to work for a negotiated peace on the agreed basis of United Nations Security Council Resolutions 242 and 338. The Foreign Secretary and the Minister of State, Brian Wilson, and the noble Lord, Lord Levy, as the Prime Minister's personal envoy, have reinforced this message in discussions with representatives of the new administration.
Title IV of EC Treaty
Baroness Harris of Richmond asked Her Majesty's Government:
- Further to the Written Answer by Lord Bassam of Brighton on 6 February (WA 93), in respect of which specific proposals under Title IV of the EC Treaty they have notified their intention to participate in adoption and application [HL759]
The Parliamentary Under-Secretary of State, Home Office (Lord Bassam of Brighton): The policy of the United Kindom towards participating in measures under Title IV of the treaty establishing the European Community is to review each proposed measure individually and to opt in when it is in the interests of the UK to do so. In a reply to a Written Question from the honourable Member for Penrith and the Borders (David Maclean) in another place on 12 March 1999 (Official Report, col. 380) the Home Secretary confirmed his statement that day at the Justice and Home Affairs Council that, while we would maintain our frontier controls in line with the Amsterdam Treaty Protocol, we wished to co-operate in all other justice and home affairs areas which did not conflict with this objective. In relation to Title IV, the Home Secretary highlighted areas in which the UK would look to participate as asylum and civil judicial co-operation measures and measures to control illegal immigration where these did not conflict with maintenance of national immigration controls. In accordance with these stated principles, the UK has
notified its intention under Article 3 of the Protocol on the position of the United Kingdom and Ireland to participate in the application and adoption of the following proposed measures under Title IV of the treaty establishing the European Community: Asylum and Immigration MeasuresRegulation: Commission proposal for a Council regulation concerning the establishment of "Eurodac" for the comparison of the fingerprints of applicants for asylum and certain other aliens (title subsequently amended to "Council Regulation concerning the establishment of 'Eurodac' for the comparison of fingerprints for the effective application of the Dublin Convention")
Directives: Initiative of the French Republic for a Council Directive defining the facilitation of unauthorised entry, movement and residence;
- Commission proposal for a Council Directive on minimum standards on procedures in member states for granting and withdrawing refugee status;
- Initiative of the French Republic for a Council Directive concerning the harmonisation of financial penalties imposed on carriers transporting into the territory of the member states third country nationals not in possession of the documents necessary for admission;
- Initiative of the French Republic for a Council Directive on mutual recognition of decisions concerning expulsion of third country nationals;
- Commission proposal for a Council Directive on minimum standards for giving temporary protection in the event of a mass influx of displaced persons and on measures promoting a balance between member states in receiving such persons and bearing the consequences thereof.
Decision
Commission proposal for a Council Decision on the conclusion of an agreement between the European Community and Republic of Iceland and Kingdom of Norway concerning the criteria and mechanisms for establishing the state responsible for examining a request for asylum lodged in a member state or Iceland or Norway. (The UK also notified its intention to participate at an earlier stage when the Commission brought forward its proposal for a negotiating mandate.)
Recommendations for Council Decisions authorising the Commission to negotiate readmission agreements with Sri Lanka, the Kingdom of Morocco, the Islamic Republic of Pakistan and the Russian Federation. Civil Judicial Co-operation Measures
Regulations: Commission proposal for a Council Regulation (Brussels I) on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters;
- Initiative of the French Republic for a Council regulation on the mutual enforcement of judgments on rights of access to children (Brussels IIbis);
- Initiative of the Federal Republic of Germany for a Council regulation on co-operation between the courts of the member states in taking evidence in civil and commercial matters;
- Commission proposal for a Council regulation extending the programmes of incentives and exchanges for legal practitioners in the area of civil law (Grotius--Civil);
- Initiative of the Federal Republic of Germany and the Republic of Finland for a Council regulation on insolvency proceedings;
- Commission proposal for a Council regulation on the service in the member states of judicial and extrajudicial documents in civil or commercial matters;
- Commission proposal for Council regulation (Brussels II) on jurisdiction and the recognition and enforcement of judgments in matrimonial matters and in matters of parental responsibility for joint children.
Arkady Gaidamak
Lord Avebury asked Her Majesty's Government:
- On what basis Mr Arkady Gaidamak was given indefinite leave to remain in the United Kingdom and on what date; and whether they have now received an international warrant for his arrest, issued by a French magistrate. [HL766]
Lord Bassam of Brighton: Information about an individual's immigration status is treated as confidential. As regards whether an international arrest warrant has been received, it is our long-established policy neither to confirm nor deny whether such a warrant has been received. The issue of an international arrest warrant is a matter for the issuing state to comment on.
Asylum Applicants: Explanatory Notes
Lord Hylton asked Her Majesty's Government:
- Whether explanatory notes in asylum applicants' own languages are being given at the same time as the statement of evidence form; and, if not, when this will be done. [HL793]
Lord Bassam of Brighton: The statement of evidence form is currently accompanied by explanatory notes in English. These notes are being revised and translated into the main languages spoken by applicants from the prinicpal counries of origin. The first group of revised
and translated documents will be available by the end of March.
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