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Written Answers

Tuesday, 24th June 2003.

Ulster-Scots Agency

Lord Laird asked Her Majesty's Government:

    Further to the Written Answer by the Lord Privy Seal on 13 January (WA 1) concerning the financial year for the Ulster-Scots Agency, what they meant by "underspend of funds remaining at 31 March is surrendered to the Department of Finance and Personnel".[HL3181]

The Lord President of the Council (Lord Williams of Mostyn): An underspend in budget at the end of the financial year no longer belongs to the particular department as the funds have not been spent within the financial year to which they were attributed. Therefore all underspend of funds at the end of the financial year must be surrendered to the Department of Finance and Personnel (DFP).

North/South Ministerial Council

Lord Laird asked Her Majesty's Government:

    Whether they will arrange for the North/South Ministerial Council to make a presentation to interested parties (including the public) in order to promote understanding of the working of the council and implementation bodies, their tasks and the procedures used to make decisions in the past and the future.[HL3253]

Lord Williams of Mostyn: In accordance with its customary practice, the North/South Ministerial Council Joint Secretariat will consider making such a presentation on receipt of a written request.

Lord Laird asked Her Majesty's Government:

    On what days in the year the union flag flies on the building occupied by the North/South Ministerial Council in Armagh city.[HL3311]

Lord Williams of Mostyn: The building occupied by the North/South Ministerial Council Joint Secretariat is not a building to which the Flags Regulations (Northern Ireland) 2000 applies. Policy on the display of flags rests with the owners of the building, Armagh City and District Council.

Northern Ireland: Special Educational Needs Assessment

Lord Laird asked Her Majesty's Government:

    Whether the autistic child of Connor Burke of Belfast has been afforded proper support from the Belfast Education and Library Board; and, if not, whether they will review the case.[HL3213]

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Lord Williams of Mostyn: Under special education legislation when the parent of a child with special educational needs and an education and library board (ELB) disagree over the provision proposed by an ELB, the parents have a right of appeal to the Special Educational Needs Tribunal. The Department of Education has no power to determine the provision or intervene in this process.

A separate request has been made to the department under Article 101 of the Education and Libraries (NI) Order 1986, as amended by the Education Reform (NI) Order 1989, to consider if the Belfast Education and Library Board has acted reasonably in the case of Connor Burke. This legislation gives the department a general power to consider whether a board has acted reasonably in the exercise of its duty. The department is considering this request.

Belfast Education and Library Board: DVD Language Policy

Lord Laird asked Her Majesty's Government:

    Who funded a video produced by the Belfast Education and Library Board entitled "Making Rhyming Round Belfast"; what Ulster Scots input is included; whether such input was encouraged; and, if so, how.[HL3316]

Lord Williams of Mostyn: In answering this Question I am assuming that the noble Lord is referring to a digital video disc (DVD) entitled "Rhyming Round Belfast". The DVD was funded by the Belfast Education and Library Board and was produced by them in collaboration with the New Belfast Community Arts Initiative as part of "Young at Art—the festival of dreams" for children and young people. Children from 53 schools from the primary, secondary, controlled, maintained and voluntary sectors participated, with children composing and performing poems on the themes of dreams and diversity.

There was no Ulster Scots input in the DVD. Participation in the project and the language of expression were at the discretion of the schools and the children, and there was no steer either towards or away from the use of Ulster Scots.

North/South Ministerial Council Joint Secretariat: Use of Premises by Implementation Bodies

Lord Laird asked Her Majesty's Government:

    Whether they have any plans to make meeting facilities at the offices of the North/South Ministerial Secretariat in Armagh available to implementation body meetings.[HL3326]

Lord Williams of Mostyn: The North/South Ministerial Council Joint Secretariat will consider requests from North/South implementation bodies for the use of its premises, in appropriate matters

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pertaining to North/South business activities. Accommodation will be made available subject to availability and the needs of the Joint Secretariat.

Brixton Prison

Lord Pilkington of Oxenford asked Her Majesty's Government:

    Whether it is conducive to prisoner rehabilitation to have one education place for every 20 men in HM Prison Brixton.[HL3310]

The Minister of State, Home Office (Baroness Scotland of Asthal): Brixton has the capacity to provide access to learning within the education department to nearly one in five prisoners at any one time. This will be further enhanced with the opening of a new learning and skills centre in autumn 2003. I will look to senior management in the prison to do all they can to ensure that this capacity is fully utilised.

In addition, Brixton has increased access to learning by offering education and learner support across a range of other activities outside the traditional classroom setting including on the prison wings. This is helping to engage those prisoners whose experiences of schooling have made them resistant to more formal teaching methods.

We want to see enhanced provision of learning and skills in all prisons, with increased prisoner participation supported by greater flexibility in delivery. We are pursuing a programme of quality improvement and investing an additional £110 million over the next three years to bring this about.

Racial Discrimination: UK and EC Legislation

Lord Lester of Herne Hill asked Her Majesty's Government:

    Whether they consider the exclusion of "colour" from the grounds of unlawful racial discrimination in the Race Relations Act 1976 (Amendment) Regulations 2003 to be compatible with Article 14 of the European Convention on Human Rights and with the Human Rights Act 1998; and, if so what are their reasons. [HL3346]

Baroness Scotland of Asthal: We consider that the exclusion of "colour" from the grounds of unlawful discrimination in the Race Relations Act 1976 (Amendment) Regulations 2003 is compatible with Article 14 of the European Convention on Human Rights Act 1998 to the extent that the exclusion from the directive itself is so compatible.

Lord Lester of Herne Hill asked Her Majesty's Government:

    Whether they consider the exclusion of "colour" from the grounds of unlawful racial discrimination in the Race Relations Act 1976 (Amendment) Regulations 2003 to be compatible with Article 2(2)

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    and Article 26 of the United Nations International Covenant on Civil and Political Rights; and, if so, what are their reasons. [HL3347]

Baroness Scotland of Asthal: We consider that the exclusion of "colour" from the grounds of unlawful racial discrimination in the Race Relations Act 1976 (Amendment) Regulations 2003 is compatible with Articles 2(2) and 26 of the United Nations International Covenant on Civil and Political Rights (which treat colour as a separate element) in so far as the subject matter of the two instruments overlaps and to the extent that the exclusion from the directive itself is so compatible.Joan

Lord Lester of Herne Hill asked Her Majesty's Government:

    Whether they consider the exclusion of "colour" from the grounds of unlawful racial discrimination in the Race Relations Act 1976 (Amendment) Regulations 2003 to be compatible with the United Nations International Convention on the Elimination of All Forms of Racial Discrimination (including discrimination based on "colour"); and, if so, what are their reasons. [HL3348]

Baroness Scotland of Asthal: We consider that the exclusion of "colour" from the grounds of unlawful discrimination in the Race Relations Act 1976 (Amendment) Regulations is compatible with the United Nations International Convention on the elimination of All Forms of Racial Discrimination in that the references to race and ethnicity appear to be common to the concepts of racial discrimination contained in both the EC Article 13 Race Directive and in the convention, while colour is not common to them.

Lord Lester of Herne Hill asked Her Majesty's Government:

    Whether they consider the references to "discrimination based on racial or ethnic origin" and to "discrimination on the grounds of racial or ethnic origin" in the Race Directive (Council Directorate 2000/43/EC) to include any distinction, restriction or preference based on race, colour, descent, or national or ethnic origin; and, if not, what are their reasons. [HL3349]

Baroness Scotland of Asthal: We do not consider that the references to "discrimination based on racial or ethnic origin" and to "discrimination on the grounds of racial or ethnic origin" include colour. Otherwise, we consider that those references include the same matters as the corresponding words in the Race Relations Act 1976, which implements the UK's international obligations in respect of racial discrimination, and are thus to be regarded as including the matters (other than colour) referred to in the second part of the question.

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