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Written Answers
Monday 11th February 2002.
Lord Chancellor's Functions: Human Rights Act 1998
Lord Lester of Herne Hill asked Her Majesty's Government:
- Whether the Lord Chancellor's judicial and administrative functions have changed as a result of the coming into force of the Human Rights Act 1998; and, if so, in what way.[HL2434]
The Lord Chancellor (Lord Irvine of Lairg): The functions themselves have not changed as a result of the coming into force of the Human Rights Act. Reviewing my practice to ensure that the functions are exercised compatibly with the convention is a process which predates the Act and which continues. For example, I responded to the Scottish case of Starrs and Chalmers by reviewing the terms on which part-time judges were appointed in order to enhance their security of tenure. This exercise was completed before the Act came into force. It involved putting in place administrative arrangements governing how part-time judges might be removed for cause, compatibly with the Act and with the concurrence of the Lord Chief Justice.
However, the Act brings the convention into sharp focus for all public authorities, including myself and my department. Convention rights are a major factor guiding what we do, and in the development of policy in those areas for which I have ministerial responsibility.
Census Internet Site
Lord Rotherwick asked Her Majesty's Government:
- Whether QinetiQ has given any indication of when the enhancement of the census Internet site will be complete.[HL2510]
The Lord Chancellor: QinetiQ Ltd is continuing to work on the technical enhancements which will be tested over the next few weeks. These enhancements are intended to make the site sufficiently robust to permit general Internet access, and are being done with a sense of urgency. However, the most important consideration is to ensure that the service is relaunched successfully.
Lord Rotherwick asked Her Majesty's Government:
- What was the cost of the contract with QinetiQ to produce a census Internet site.[HL2511]
The Lord Chancellor: The final tender price of the contract is commercially sensitive information, which it would be inappropriate to put into the public domain.
Lord Rotherwick asked Her Majesty's Government:
- Whether there is any additional cost to the original contract with QinetiQ to enhance the census Internet site.[HL2513]
The Lord Chancellor: No cost to the Public Record Office is involved in the additional work now being carried out. The contractor, QinetiQ Ltd, is meeting the cost of this work.
OSCE: UK Delegation to Parliamentary Assembly
Baroness Turner of Camden asked Her Majesty's Government:
- Whether they will announce the membership of the United Kingdom delegation to the Parliamentary Assembly of the Organisation for Security and Co-operation in Europe.[HL2810]
The Lord Privy Seal (Lord Williams of Mostyn): The Prime Minister has appointed 13 representatives from the Parliament of the United Kingdom to act as the United Kingdom delegation to the Parliamentary Assembly of the Organisation for Security and Co-operation in Europe. The next meeting of the assembly will take place in Vienna on 21-22 February 2002. The delegation will consist of eight members of the Labour Party, three members of the Conservative Party and two members of the Liberal Democrat Party. The Prime Minister has also appointed a number of substitute delegates.
The appointment of Conservative and Liberal Democrat Party representatives and substitutes has been made on the basis of nominations by the parties concerned.
Representatives from the Government Benches will be: the honourable Member for the City of York (Mr Bayley), the right honourable Member for Birmingham Hodge Hill (Mr Davis), the right honourable Member for Walsall South (Mr George) who will act as Leader, the Baroness Hilton of Eggardon, the honourable Member for Thurrock (Mr Mackinlay), the honourable Member for Hyndburn (Mr Pope), the honourable Member for Dundee West (Mr Ross) and the honourable Member for Dunfermline West (Ms Squire).
Representatives from the Conservative Party will be: the honourable Member for Mid Sussex (Mr Soames), the honourable Member for Esher and Walton (Mr Taylor) and the Earl of Northesk.
Representatives from the Liberal Democrat Party will be: the right honourable Member for North East Fife (Mr Campbell) and the honourable Member for Somerton and Home (Mr Heath).
The following substitutes have been appointed to act as necessary on behalf of the delegates:
- From the Government Benches: the honourable Member for Rossendale and Darwen (Ms Anderson), the honourable Member for Tooting (Mr Cox) and the Lord Ponsonby of Shulbrede;
- From the Opposition Benches the honourable Member for Richmond Park (Dr Tonge).
Transsexual People
Lord Carlile of Berriew asked Her Majesty's Government:
- Whether they have any plan to introduce statutory provisions to improve the rights of transsexual people generally: and whether they will introduce legislation specifically to enable them to acquire replacement birth certificates and to marry; and[HL1983]
In the light of the interdepartmental report on transsexual people, what proposals they have to assist such people to live openly and with appropriate official documentation in their post-operative gender.[HL1985]
The Parliamentary Secretary, Lord Chancellor's Department (Baroness Scotland of Asthal): Issues of concern to transsexual people (such as the replacement of birth certificates, the right to marry, inheritance provision and pension rights) are the policy leads of a number of government departments and were considered by the Interdepartmental Working Group on Transsexual People. The Government are sympathetic to the issues raised in the report and are considering how to take the matter forward.
Lord Lester of Herne Hill asked Her Majesty's Government:
- Whether they will put the issues contained in the report of the interdepartmental working group of April 2000 on transsexual people out to public consultation, as recommended by the working group and by the Court of Appeal in its judgment of 17 April 2001 in Bellinger v. Bellinger.[HL2501]
Baroness Scotland of Asthal: The report of the interdepartmental working group on transsexual people has been publicly available since July 2000. It was posted on the Internet, and copies were placed in the Libraries of both Houses. Nearly 300 copies have been distributed, and the Home Office and, since June 2001 the Lord Chancellor's Department, have received over 120 responses and comments.
The Government are sympathetic to the issues raised in the report and are actively considering how to take the matter forward.
Lord Lester of Herne Hill asked Her Majesty's Government:
- Whether they are aware that the transsexual's right to legal recognition has been to some extent achieved in at least 23 member states of the Council
- of Europe and that the only legal systems which do not recognise a change of gender are the United Kingdom, Ireland, Andorra and Albania.[HL2502]
Baroness Scotland of Asthal: The Government are sympathetic to the issues of concern to transsexual people are under consideration within this department. The position of transsexual people in other countries will form part of that consideration.
Lord Lester of Herne Hill asked Her Majesty's Government:
- Whether they will introduce legislation to provide for the equal treatment of transsexuals and effective remedies for unfair discrimination against transsexuals.[HL2503]
Baroness Scotland of Asthal: The Government are sympathetic to issues of concern to transsexual people and these are under consideration within this department.
Faith Communities
Baroness Cox asked Her Majesty's Government:
- Given that they have supported Islamic Awareness Week, whether they would also support initiatives to promote awareness of other faith communities in the United Kingdom such as the Sikh community.[HL2079]
The Minister of State, Home Office (Lord Rooker): Yes. The Government acknowledge and value the contribution which all the main world faiths make—economically, socially and culturally—to the multi-cultural society of modern-day Britain.
They are determined to see a truly dynamic society, in which people from different ethnic, cultural and religious backgrounds can live and work together, while retaining their distinctive identities, in an atmosphere of mutual respect and understanding.
Sussex Police Authority: Report into Shooting of James Ashley
Lord Christopher asked Her Majesty's Government:
- Whether they have received a report from the Sussex Police Authority concerning the fatal shooting of James Ashley in 1998.[HL2808]
Lord Rooker: My right honourable friend the Minister of State for the Home Department (Mr Denham) required the Sussex Police Authority to report under Section 43 of the Police Act 1996 on the events surrounding the shooting and the action taken by Sussex Police to ensure that they have responded appropriately. He has now received that report and is placing a copy in the Library. The report gives an account of the circumstances leading up to the shooting, the subsequent investigations, and the action which has been taken in Sussex to improve policing and to restore public confidence. Three officers
are currently facing disciplinary proceedings in connection with the shooting. The Police Authority has informed my right honourable friend that it has not included any material which in its view could be prejudicial to the proceedings.
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