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Lord Hylton asked Her Majesty's Government:
Whether they will raise with the European Union Commission, in connection with the accession negotiations with Turkey, the case for an amnesty for former combatants willing to live non-violently, so as to permit the return of exiles, including former Members of Parliament. [HL976]
Baroness Symons of Vernham Dean: In all situations of conflict the UK supports efforts to seek a resolution based on a conciliatory approach. We welcomed the Turkish Government's partial amnesty to former combatants which expired in February 2004, and would welcome any future similar initiative. However, the national security of Turkey remains a sovereign matter for the Turkish Government, and should not be tied to the accession process.
Lord Hylton asked Her Majesty's Government:
Whether they will raise with the European Union Commission, in connection with the accession negotiations with Turkey, certain current restrictions, including landmines, which prevent
Baroness Symons of Vernham Dean: The European Commission is aware of the restrictions that currently prevent internally displaced persons (IDPs) from returning to villages in south-east Turkey. The Commission's 2004 progress report on Turkey notes that "the major outstanding obstacles preventing IDPs from returning to their villages are the government sponsored village guard system; the problem of landmines; the absence of basic infrastructure; and the lack of capital and employment opportunities". However, the report also notes that "Turkey has begun a dialogue with international organisations with a view to addressing the weaknesses of the 'Return to Village and Rehabilitation Programme'". We are in regular contact with the Commission on a range of human rights issues including village return, and remain confident that all remaining concerns will be resolved during accession negotiations.
Lord Hylton asked Her Majesty's Government:
Whether they will raise with the Government of Turkey:
(a) restrictions on freedom of speech, which have been proposed under Article 49 of the new criminal code and which would penalise the political use of languages other than Turkish with imprisonment for up to 20 years; and
(b) the new press law coming into force on 1 April 2005, which may strengthen press and media censorship. [HL978]
Baroness Symons of Vernham Dean: The current political parties law forbids the political use of languages other than Turkish in either written material or public speeches. Under this law charges have been brought against a number of individuals. The European Commission 2004 progress report on Turkey states that "several provisions of the law fall short of European standards".
The Turkish Government passed a new press law in June 2004 that is widely regarded as a great improvement on its predecessor. Significantly, it includes European Convention on Human Rights (ECHR) provisions governing the freedom of the press, introduces fines where prison sentences had previously existed, and removes restrictions introduced after the 1980 coup. However, there are a few remaining concerns. The European Commission 2004 progress report on Turkey states that "despite a decrease in sanctions in the new law, fines still constitute an excessive burden, especially on local media".
We will continue to raise freedom of expression and freedom of the press with the Turkish Government. Affirmation in the Turkish constitution that international human rights agreements take precedence over domestic law now means that Turkey is bound to the provisions of Article 10 of the ECHR on freedom of expression.
7 Feb 2005 : Column WA82
Lord Hylton asked Her Majesty's Government:
Whether they will raise with the Government of Turkey the case for establishing mechanisms for verifying the implementation of legislation already passed or proposed in connection with European Union accession. [HL979]
Baroness Symons of Vernham Dean: The European Commission is responsible for ensuring the full implementation of reforms in connection with European Union (EU) accession and will continue to report on this annually to the European Council.
The Turkish Government have set up a number of bodies and mechanisms to address the implementation of EU harmonisation reforms, including, in September 2003, the Reform Monitoring Group which played a key role in facilitating the start of private language education and broadcasting in Kurdish. As a result, implementation is improving, but more remains to be done to ensure the full and consistent application of the reforms passed. The UK will continue to urge the Turkish Government to do everything possible to improve implementation, and in support of their efforts, recently co-funded with the Ministry of Justice a programme to train over 8,000 judges and prosecutors in human rights and European law.
Lord Hylton asked Her Majesty's Government:
Whether they will make representations to the Government of Turkey on the recent decision to close the education trades union, Egitim Sen. [HL1015]
Baroness Symons of Vernham Dean : Officials from the British Embassy in Ankara are monitoring developments in this case. An embassy official attended the first hearing of the re-trial in December 2004. The next hearing takes place on 21 February. Following constitutional amendments in Turkey in May 2004, European Convention on Human Rights provisions now take precedence over domestic law. The UK Government continue to monitor and raise cases with the Turkish authorities where we are concerned that this new legislation is not being implemented.
Lord Lester of Herne Hill asked Her Majesty's Government:
How many states are party to the 1951 United Nations convention relating to the status of refugees. [HL1000]
Baroness Symons of Vernham Dean: As at 1 February 2005 there were 142 states parties to the 1951 convention relating to the status of refugees. I have placed a document detailing the states parties in the Library of the House. Of the states that are not party to the 1951 convention, three (Cape Verde, United States of America and Venezuela) are none the less party to its 1967 protocol, which removed geographical and temporal restrictions from the convention.
7 Feb 2005 : Column WA83
Lord Stoddart of Swindon asked Her Majesty's Government:
Further to the Written Answer by Baroness Symons of Vernham Dean on 17 January (WA 8586) concerning the establishment of agencies of the European Union, which treaty articles provide for:
(a ) the creation of those agencies;
(b) the authority under which the agencies operate;
(c) the duties of each agency;
(e) how the agencies are financed;
Baroness Symons of Vernham Dean: Listed below are the treaty articles related to the European Union Monitoring Centre for Racism and Xenophobia (EUMC), the European Police College (CEPOL), the European Railway Agency (ERA) and the European Aviation Safety Agency (EASA).
1. European Union Monitoring Centre for Racism and Xenophobia (EUMC)
(a) The legal base for Regulation 1035/97 establishing the EUMC is Articles 284 and 308 TEC (formerly Articles 213 and 235).
(b) The EUMC operates under Council Regulation (EC) 1035/97 of 2 June 1997.
(c) Article 2 of the above regulation sets out its tasks and objectives: to provide the Community and its member states with objective, reliable and comparable data at European level on the phenomena of racism, xenophobia and anti-semitism.
(d) Article 3 of the above regulation sets out its powers: data collection and analysis, scientific research, surveys and studies to be conducted or encouraged concerning the extent, development, causes and effects of the phenomena of racism and xenophobia.
(e) The arrangements for financing the EUMC are set out in Article 12 (4) of the above regulation:
a subsidy from the Community, entered under a specific heading in the general budget of the European Communities (Commission section);
payments received for services rendered;
any financial contributions from organisations such as international, governmental; or
non-governmental organisations, including the Council of Europe.
(f) According to the most recent annual report the EUMC (at December 2003) had 30 members of staff.
2. CEPOL
(a) The European Police College (CEPOL) was established by Council Decision (2000/820/JHA) on 22 December 2000. This decision has regard to Articles 30(1)(c) and 34(2)(c) of the Treaty on European Union.
(b) According to Article 1 of the above council decision (2000/820/JHA) CEPOL is set up as a network by bringing together the national training institutes for senior police officers in member states. It is managed by a governing board made up of the member states. The governing board is responsible to the Council of Ministers for approving CEPOL's budget and annual work programme.
(c) Article 6 of the above council decision sets out CEPOL's main objectives and tasks: to increase knowledge of the national police systems and structures across the EU, of Europol and of cross-border police co-operation within the EU; and to provide appropriate training with regard to respect for democratic safeguards.
(d) CEPOL is a network of police training colleges and as such has no formal powers. However, Article 7 of the above council decision stipulates that CEPOL may provide training sessions for senior police officers, provide specialist training, develop training for trainers, disseminate best practice; and develop and provide training to prepare police forces of the EU for participation in non-military crisis management.
(e) The financial arrangements for CEPOL are outlined in Article 5 of the above council decision. CEPOL is currently funded by contributions made by member states rather than through the budget of the European Communities;
(f) Staff in the secretariat to CEPOL are seconded from national administrations and are not employed directly by CEPOL.
(g) On 13 December 2003, the European Council decided that CEPOL should locate its permanent secretariat in Bramshill, UK.
3. European Railways Agency (ERA)
(a) The legal base for Regulation 881/2004 establishing the European Railway Agency (ERA) is Article 71(1) TEC.
(b) The agency was effectively only established in May 2004 and operates under Council Regulation (EC) 881/2004 of 29 April 2004 referring also to Directive 2004/49/EC (Safety directive) and Directive 2004/50/EC (Interoperability); it has yet to start work.
(c) The principal role of the European Railway Agency established under council regulation 881/2004 is to provide the Commission and member states with technical assistance in the fields of railway safety and interoperability.
(d) The agency is established as an advisory, body for the European Commission with no autonomous executive powers, and therefore has no regulatory or statutory role in the UK.
(e) The financial arrangements for the ERA are governed by provisions in the financial regulation applicable to the general budget of the EC (Council Regulation (EC, EURATOM) 1605/2002) which was made under Article 279 of the treaty. It is funded from the general budget of the EU.
(f) The ERA has an administrative board, which appoints a chairman from among its members, and an executive director. It employs around 100 staff in total.
(g) The European Rail Agency is located in Valenciennes, northern France.
4. European Aviation Safety Agency (EASA)
(a) The legal base for Regulation 1592/2002 establishing the EASA is Article 80(2) TEC.
(b) The EASA operates under council regulation (EC) 1592/2002 of 15 July 2002.
(c) Article 2 of the above regulation sets out the agency's primary objective: to assist the Commission in establishing and maintaining a high, uniform level of civil aviation safety in Europe.
(d) Articles 12 to 18 of the above regulation set out its various functions: principally to help the Commission draw up rules and regulations and to carry out various executive functions with respect to the issue of certificates and approvals for aircraft, products and parts and design, production and maintenance organisations.
(e) According to Articles 48 to 53 of the regulation, the agency will be financed by a contribution from the Community, by fees paid by applicants for, and holders of, certificates and approvals, and charges for services such as publications and training.
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