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Written Answers
Wednesday, 23rd January 2002.
Soft Drugs
Lord Campbell of Croy asked Her Majesty's Government:
- Whether they propose to change the present prohibitions on the sale and use of soft drugs outside medical requirements.[HL2199]
The Minister of State, Home Office (Lord Rooker): Her Majesty's Government do not propose to change the present prohibitions on the sale and use of any currently controlled drug for non-medical purposes.
Asylum Seekers
Lord Lester of Herne Hill asked Her Majesty's Government:
- Whether they agree with the Refugee Legal Centre that, where the detention of asylum seekers is contemplated, serious consideration should be given to alternative methods of control, such as reporting requirements, and that, in cases where the individual is detained, he or she should be provided with full written reasons for the detention and be able to challenge the decision to detain, within a reasonable period, before an independent judicial body.[HL2274]
Lord Rooker: The detention of asylum seekers is authorised only when necessary and against the background of a general presumption in favour of granting temporary admission or release. Alternative methods of ensuring compliance are considered but will not be appropriate in every case.
Individuals who are detained are served with a notice which specifies the Immigration Act power under which they have been detained, the reasons for their detention and the factors that have been taken into account in reaching that decision. This is reflected in the Detention Centre Rules 2001.
Detainees are able to challenge the lawfulness of their detention by way of application for judicial review or by applying for a writ of habeas corpus. We are satisfied that this complies with the requirements of Article 5(4) of the European Convention on Human Rights.
Lord Lester of Herne Hill asked Her Majesty's Government:
- Whether the Oakington process should be used for certain categories of case in relation to asylum seekers, for example, where the case is not straightforward or the applicant has been the victim of torture.[HL2275]
Lord Rooker: The Oakington fast track process is intended for those asylum claims which, upon initial screening, appear to be straightforward and capable of being decided in about seven to 10 days. It is not intended for more complex cases, including victims of torture. Where complicated issues, or evidence of torture leading to an appointment with the Medical Foundation, emerge after arrival at Oakington the applicant is removed from the Oakington process.
Lord Greaves asked Her Majesty's Government:
- What are the reasons for not keeping statistics on numbers of failed asylum seekers who are returned to specific countries within each period.[HL2301]
Lord Rooker: The destination of persons removed from the United Kingdom under Immigration Act powers, including failed asylum seekers, is recorded on case files. This information is not collated centrally since it is not required for immigration management purposes. Reliable information on the destination of removed persons could therefore only be obtained by examining individual case files at disproportionate cost.
Information on the nationality of asylum seekers removed from the United Kingdom is available on the Home Office Research, Development and Statistics Directorate website at http://www.homeoffice.gov.uk/rds/immigration1.html.
Lord Greaves asked Her Majesty's Government:
- What is the current backlog in the issue of "NASS 35" documents to asylum seekers who are granted refugee status or leave to remain; and what action is being taken to eliminate this backlog in order that such people may claim any benefits to which they are entitled from the date when the Nation Asylum Support Service support ceases. [HL2302]
Lord Rooker: The backlog for issuing NASS 35 documents within the NASS Status Terminations Team as at 17 January 2002 was 210 cases. This backlog will be eliminated by 14 February.
Once notified of a positive asylum decision NASS issues a NASS 35 normally within five working days. Numbers of positive decisions notified to NASS to stop support vary from week to week as they depend upon the outcomes of asylum cases processed. Large numbers in one week will affect throughput time and levels of work in progress. Some cases may take longer if some anomaly requires further investigation.
Passports
Lord Lipsey asked Her Majesty's Government:
- How many passports were lost between dispatch from the Passport Agency and receipt by the applicant. [HL2285]
Lord Rooker: The United Kingdom Passport Service issues more than 5 million passports each year, the majority of which are issued via first-class post.
The number of passports recorded as lost in the post in the last three calendar years are shown below:
- 1999: 2,359
- 2000: 3,851
- 2001: 2,541.
Vulnerable Witnesses
Lord Burlison asked Her Majesty's Government:
- When they plan to implement the special measures for vulnerable or intimidated witnesses recommended in the Speaking up for Justice report.[HL2472]
Lord Rooker: The Speaking up for Justice report on vulnerable or intimidated witnesses in the criminal justice system published in 1998 proposed a range of special measures available for use at the trial including: video-recorded statements to replace the evidence-in-chief; video-recorded pre-trial cross-examination; live TV links; screens around the witnesses box so that the witness does not need to face the defendant in court; removal of wigs and gowns; assistance with communication if necessary, including the use of an intermediary; and power for the judge to clear the public gallery in cases involving sexual offences or intimidation so the witness can give evidence in private.
The measures requiring legislation were included in Part II of the Youth Justice and Criminal Evidence Act 1999.
Implementation of the special measures will be phased as we have an opportunity to see how they are working.
The implementation in the Crown Court will take place six months from today to allow a lead-in for the agencies to conduct training and preparation. All the special measures will be implemented for vulnerable witnesses, with the exception of intermediaries and pre-trial cross-examination, which will be subject to pilot projects. The same measures, with the added exception of video-recorded statements, will be implemented at the same time for intimidated witnesses.
All other measures will be introduced in 2003–04 for all qualifying witnesses.
In magistrates' courts implementation of special measures in July 2002 will be restricted to TV links and video recorded evidence for child witnesses in cases involving sexual offences, violence (including threats) and cruelty. This would provide protection for children in cases involving assaults, muggings and domestic violence. It would also bring the adult magistrates' courts into line with the current provision in the youth court.
Most of the measures will be extended to magistrates' courts by 2003–04 (after their evaluation in the Crown Court) to bring them in line with the Crown Court.
A whole range of guidance and training materials for the criminal justice agencies are being published tomorrow including:
- Recognising Capability: a training programme for those in the criminal justice system working with vulnerable or intimidated witnesses;
- Achieving Best Evidence in Criminal Proceedings: guidance on vulnerable or intimidated witnesses, including children;
- Vulnerable Witnesses: A Police Service Guide;
- adult pre-trial therapy;
- early special measures meeting between the police and Crown Prosecution Service and meetings between the Crown Prosecution Service and vulnerable and intimidated witnesses: practice;
Over the next couple of years we will also be starting pilot projects on video-recorded pre-trial cross-examination and the use of intermediaries.
Arms Exports
Lord Hylton asked Her Majesty's Government:
- What restrictions are currently in place on arms exports to each of the following areas:
(a) the central Asian republics;
(b) Afghanistan;
(c) the Indian sub-continent; and
(d) Indonesia.(HL2206)
The Minister for Trade (Baroness Symons of Vernham Dean): Export licence applications for all countries are considered on a case by case basis against the consolidated EU and national arms export licensing criteria announced by my right honourable friend the Minister for Europe on 26 October 2000 [HC 199–203W].
In addition, the statement of the then Minister of State my honourable friend the Member for Manchester Central of 10 July 1998 (HC 688) imposes restrictions on the issuing of licences to Pakistan and India for items listed on the nuclear suppliers group dual-use list. Items on the list will be denied to nuclear and nuclear-related end-users in India and Pakistan, as will all other goods to these end-users which could contribute to nuclear programmes.
My right honourable friend Peter Hain announced an exception to this statement on 3 July 2000 (3W). The exception is for equipment which would not normally require an export licence but is deemed licensable under the WMD end-use controls and where the initial concerns about WMD end-use are not subsequently substantiated.
UNSCR 1333, which imposed an embargo on the sale, supply and transfer of arms to the Territory of Afghanistan under Taliban control, expired on 19 January. UNSCR 1390 imposes an embargo on the supply, sale and transfer of arms and related material
A full list of all the sanctions regimes and arms embargoes implemented by the UK can be found on the FCO website at (http://files.fco.gov.uk/und/sanctions/list.pdf). A summary of additional UK-only restrictions on the export of strategic goods can be found at (http://files.fco.gov.uk/und/sanctions/summary.pdf).
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