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Written Answers
Thursday, 31st January 2002.
Defamation Procedures: Perceived Abuses
Lord Evans of Temple Guiting asked Her Majesty's Government:
- Whether they still intend to consult on perceived abuses of defamation procedures.[HL2635]
The Lord Chancellor (Lord Irvine of Lairg): I have today written to the Law Commission asking it to undertake a scoping study to consider whether there are any problems arising from the use of intimidatory tactics, such as gagging writs and gagging letters. A copy of the terms of reference for this work has been placed in the Libraries of both Houses. The Law Commission will produce a short paper by the end of March 2002. It will also undertake some preliminary work with a view to a possible further scoping study on defamation and other issues arising from publication on the internet.
Concerns over gagging writs were originally raised during the passage of the Defamation Act 1996.
The Government subsequently announced that they intended to consult publicly on the perceived abuses of defamation procedures. We have since reconsidered the scope of the project, in the light of the rapidly developing case law in the field, to ensure that it deals aptly with all relevant areas of concern, including those raised by advances in electronic communication.
Northern Ireland Court Service and Northern Ireland Executive Committee: Concordat
Lord Evans of Watford asked Her Majesty's Government:
- When they intend to publish the bilateral concordat between the Northern Ireland Court Service and the Northern Ireland devolved administration.[HL2636]
The Lord Chancellor: I am pleased to announce that the First Minister, Deputy First Minister and I have agreed the text of the concordat between the Northern Ireland Court Service and the Northern Ireland Executive Committee. Copies of the concordat have been placed in the Libraries of both Houses and the text will be available on the Northern Ireland Court Service website.
I hope that the concordat will assist in the continued development of the fruitful and co-operative working relationship between the Northern Ireland Court Service and the Northern Ireland devolved administration.
Northern Ireland Human Rights Commission
Lord Laird asked Her Majesty's Government:
- Whether they consider that meetings of the Northern Ireland Human Rights Commission should be open to the public; and, if not, why not; and[HL2187]
What is the policy concerning the publication of minutes of the Northern Ireland Human Rights Commission on their website; and, in particular, how soon after a meeting they are published.[HL2289]
The Lord Privy Seal (Lord Williams of Mostyn): The Cabinet Office guide on non-departmental public bodies states that "NDPBs should hold Annual Open Meetings, where practicable and appropriate. They should also hold other meetings in public where it is felt that these would be a useful means of consultation or would help the public to have a greater understanding of the work of the body".
The guide advises that the summary reports of meetings should be easily obtainable. However, it goes on to state that, "where the nature of the business is sensitive, commercial or political, an open meeting is not appropriate".
Determining the extent to which its discussions could be deemed sensitive, commercial or political is a matter for the Northern Ireland Human Rights Commission.
We understand that the commission does not hold open meetings but instead publishes the minutes of those meetings on its website. The commission's policy is to put out the minutes as soon as they are cleared for publication.
The question has been referred to the Chief Commissioner of the Northern Ireland Human Rights Commission in case he wishes to expand on the commission's policy in these matters. He will respond to the noble Lord direct and a copy will be placed in the Library.
Lord Laird asked Her Majesty's Government:
- Further to the Written Answer by the Lord Privy Seal on 26 November (WA 18) about the Northern Ireland Human Rights Commission, whether they will publish the business plan submitted; whether they have sought, and received, any interim reports on the spending of the extra £357,200; and whether they intend to make, or have made, other additional funds available.[HL1999]
Lord Williams of Mostyn: For the current financial year (2001–02), the Northern Ireland Human Rights Commission has been granted a total of £1,296,142, consisting of:
- £750,000 Annual Budget
- £357,200 To support the consultation on the scope for a Bill or Rights for NI.
- £65,000 Costs in bringing cases to the House of Lords (repayable if the cases are successful).
- £5,350 Costs of the additional commissioners appointed in December.
- £100,592 Following an in-year bid to cover the commission's wider range of work.
- £18,000 Awarded following a supplementary bid for extra resources.
It is not government practice to publish bids for funding or the supporting business case.
Des Browne MP, Parliamentary Under-Secretary of State at the Northern Ireland Office, has written to the commission asking for an analysis of the effectiveness of the Bill of Rights consultation, for which the earlier grant of £357,200 has been made. We expect a response in due course.
In addition, the annual financial statement of accounts from the commission will be examined by the Comptroller and Auditor General and laid before Parliament.
Taliban and Al'Qaeda Detainees
Earl Attlee asked Her Majesty's Government:
- Whether Taliban and Al'Qaeda militants captured in Afghanistan and detained by forces of the United States are entitled to be treated as prisoners of war under the Geneva Conventions; if not, why not; and what is their status.[HL2360]
The Parliamentary Under-Secretary of State, Foreign and Commonwealth Office (Baroness Amos): I refer the noble Lord to the answer I gave him in the House on 24 January (Official Report, col. 1572–73).
Earl Attlee asked Her Majesty's Government:
- Whether the International Committee of the Red Cross has all the access it desires to Taliban and Al'Qaeda militants captured in Afghanistan and detained by forces of the United States.[HL2361]
Baroness Amos: As at 22 January, International Committee of the Red Cross (ICRC) delegates had obtained access to all (more than 4,800) detainees in approximately 40 places of detention throughout
Afghanistan. On 18 January, ICRC delegates began visiting detainees held at the US naval station at Guantanamo Bay, Cuba, and have since established an indefinite presence there.Zimbabwe
The Earl of Caithness asked Her Majesty's Government:
- Whether they consider that international observers should have been present in Zimbabwe for the registration process for the forthcoming election.[HL2477]
Baroness Amos: Ideally, independent observers should be present for as much as possible of the campaign prior to the election, as well as for the voting and counting afterwards. We have been working hard to ensure access for independent observer teams. On 28 January, EU Ministers agreed to impose targeted sanctions against the Government of Zimbabwe, which will be activated if: it prevents deployment of an EU observation mission starting by 3 February; it prevents any such mission from operating effectively; it prevents the international media from having free access to cover the election; there is a serious deterioration in the situation on the ground; the election is assessed by the EU as not being free and fair.
Abnormal Loads: Escorts
Viscount Simon asked Her Majesty's Government:
- What are the obstacles that prevent the privatisation of escorting abnormal loads on motorway and link dual carriageways.[HL2168]
The Minister of State, Home Office (Lord Rooker): As part of the process of reform exemplified in the Police Reform Bill, we are looking to remove unnecessary functions from the police wherever possible. The Bill's provisions for the exercise of certain police powers by civilians will help this process.
The escorting of abnormal loads is one of the functions that we will be addressing. We will in particular want to ensure that the elimination of routine police involvement is achieved in an acceptable way that does not endanger public safety. We will ensure therefore that any police powers that might need to be used are appropriate for use by civilians. We will take account also of the need for escorts to have appropriate training and experience, the confidence of hauliers who use their services and appropriate recognition by other road users. However, no decision has been made as to whether private service providers would be suitable to contribute to this activity.
I know that the Association of Chief Police Officers (ACPO) already wishes to reduce police involvement in this task. We look forward to working with it to achieve that goal, while ensuring that any obstacles there might be are effectively addressed.
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