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Lord Laird also asked about the certificate of approval scheme for non-nationals wishing to marry or enter into a civil partnership. This was introduced under the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 in order to reduce the number of sham marriages, which were an abuse of immigration control and which were rightly a subject of public concern. The scheme has been very successful in meeting its aims. Section 24 of the Immigration and Asylum Act 1999 requires registrars who have reasonable grounds for suspecting that a marriage will be a sham marriage to notify the Home Secretary without delay. The number of such notifications rose from 752 in 2001 to a peak of 3578 in 2004, but following the introduction of the certificate of approval scheme on 1 February 2005 there was a significant fall to totals of 452 in 2005, 282 in 2006 and 382 in 2007. The scheme has been challenged in the courts in the case of Baiai, and its operation has been amended so as to be compliant with the findings of the High Court3 and Court of Appeal4. The Government are now carefully considering the decision of the House of Lords in this case.
The final two parts of this Question relate to data protection legislation. The Data Protection Act 1998 (DPA) gives effect in United Kingdom law to the 1995 EC Data Protection Directive. Under the DPA, the data subject's consent is required before personal and sensitive information can be processed. In addition to this, data controllers are required to comply with eight data protection principles when they process personal and sensitive data unless they are exempt from one or all of them. We believe the current framework for processing personal data and sensitive data found at Schedules 2 and 3 respectively of the DPA is stringent enough to ensure personal and sensitive data are processed in a fair and lawful manner, balancing the privacy rights of individuals with the legitimate needs of organisations to make use of such data.
Current exemptions to the disclosure of personal information include those for national security and the prevention or detection of crime. There are no plans to remove the current list of exemptions.
In Question HL3489, Lord Laird asked whether the Government plan “to abolish all oaths imposed by state bodies”. The Government are content that current practice in relation to the swearing of oaths—whether in court, upon the acceptance of public office or otherwise—is appropriate and compatible with the freedom of thought, conscience and religion under Article 9 of the Convention rights. In particular, should a person’s beliefs prevent them swearing an oath, they may instead choose to affirm. The Government therefore have no plans to change the law in this respect.
Lord Laird in his Question HL3490 asked whether the Government will extend freedom of information legislation to cover information required for the exercise
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Lord Laird further asked whether the Government will add consideration of the best interests of children to the limitations on the rights to freedom of expression. That freedom, as contained in Article 10 of the Convention rights, must already be exercised subject to certain responsibilities and restrictions.
The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary.
Given that these limitations are prescribed in the ECHR, the Government have no plans to change or augment them in the Human Rights Act, nor to seek the amendment of the Convention.
Lord Laird asked in relation to this Question whether the Government intend to extend the law on incitement to hatred, which currently covers incitement to hatred on the basis of race and religion. The Criminal Justice and Immigration Act 2008 introduced a prohibition on incitement to hatred on the basis of sexual orientation, which we plan to bring into force in the autumn. The Government have considered whether there is a need for similar laws to cover other groups, such as transgendered and disabled people. Although these groups are vulnerable to crime, and perhaps crime motivated by hatred, we have seen no compelling evidence that there is systematic incitement to hatred of these groups. We intend to keep under review whether there is a need for legislation to cover any other vulnerable group.
In Question HL3491, Lord Laird asked whether the Government will “reverse the emphasis” of the right to freedom of association and peaceful assembly to make association more important that peaceful assembly. Article 11 of the Convention rights, in which this right is contained, specifies no priority or emphasis between the two aspects of the right, and the Government does not see what would be achieved by introducing one.
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In relation to the second part of this Question, there is already a wide range of rights for individuals to belong to a trade union, to use a trade union's services and to participate in a union's activities. These are mostly set out in the Trade Union and Labour Relations (Consolidation) Act 1992. These include rights not to be dismissed or suffer other detriment on these grounds. These rights, which are found in Sections 146 and 152 of the 1992 Act, were strengthened by the Employment Relations Act 2004. Among other things, the 2004 Act made it unlawful for employers to offer inducements to workers not to belong to a trade union, not to participate in a union's activities at an appropriate time and not to use a union's services at an appropriate time.
The freedom for individuals to take industrial action is also recognised in British law. Most notably, Section 236 of the 1992 Act stipulates that a court cannot order an employee to do any work and to attend his workplace. In Section 238A of the 1992 Act there are also significant protections against dismissal for those taking official and lawfully organised industrial action. Individuals and their trade unions also have important rights in respect of collective bargaining. For example, Schedule A1 to the 1992 Act, which was inserted by the Employment Relations Act 1999, provides a statutory procedure whereby trade unions may be recognised by an employer for collective bargaining purposes where a majority of the relevant workforce supports it.
Part (c) of this Question covers the same ground as part (c) of the previous Question.
Finally, the Government have not granted, nor do they intend to grant, trade union rights to the Armed Forces. Safeguarding the welfare and well-being of members of the Armed Forces is an integral part of the duty of the chain of command—a duty that is taken very seriously. When service men and women consider themselves wronged, they have a statutory right to complain, ultimately to the Defence Council. Service personnel may join trade and professional associations, as well as organisations representing their interests, such as the Forces Pensions Society. The forces families’ federations represent the views of the wider service community. The Government therefore do not consider there is a distinct role and need for another body in the shape of a trade union or federation for the Armed Forces.
In Question HL3492, Lord Laird asked whether the Government will incorporate in domestic law the Council of Europe Framework Convention for the Protection of National Minorities. The Government have no plans to do so. Lord Laird further asked whether the Government will limit “cultural, ethnic, linguistic, religious and communal minority rights” so as not to conflict with the rights and freedoms of others. In general, our law does not recognise general rights of these sorts, with the exception of the freedom to manifest one’s religion or beliefs under Article 9 of the convention rights. This freedom is not absolute, and may be limited to the extent necessary in a democratic society for purposes that include the interests of public safety, the protection of public order, health or morals, or the protection of the rights and freedoms of others.
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In relation to the third part of this Question, the Government have no plans to introduce specific protection against “coercive cultural assimilation by public bodies”. Government policies are broadly supportive of cohesion and integration within a diverse society. The Government similarly have no plans to create a specific right to education in minority languages. However, the devolved Administrations do make provision where appropriate for education in our national minority languages.
Finally, the Government have no plans to treat sexual orientation as a basis for national minority status. The Government interpret the concept of “national minority” in the previously mentioned framework convention as applying to minority racial groups within the meaning of the Race Relations Act 1976.
In respect of Question HL3517, although there is no absolute right within British law to British nationality, there are provisions about the acquisition of citizenship by a stateless person which enable us to meet our obligations under the 1961 United Nations Convention on the Reduction of Statelessness. Under Section 1 of the British Nationality Act 1981, a child born in the United Kingdom to a parent who is a British citizen or “settled” in the United Kingdom will become a British citizen. Section 1 also provides that any child born here who was not British at birth but whose parent becomes British or settled after their birth to be registered as a British citizen while a minor. Similarly, any child born in the United Kingdom and who lives here for the first 10 years of his or her life may register as a British citizen. Schedule 2 of the Act also provides that a person under the age of 22 who has lived in the United Kingdom for a continuous period of five years may register as a British citizen; this provision is more generous than that prescribed in Article 1 of the United Nations convention, which permits states to impose a 10-year residence requirement. The Government believe that it is reasonable to ensure that those who benefit from British citizenship demonstrate a real link with this country through a substantial period of residence here, in addition to the location of their birth.
Further to this, there are also provisions in the 1981 Act allowing for the registration of stateless children of British nationals, and for the registration of people born stateless before 1983 who can demonstrate one of a set of defined connections to the United Kingdom or its current or former overseas possessions or territories. There are provisions in the 1981 Act which allow the Home Secretary to deprive a person of their British citizenship. If this is done on the basis that it is “conducive to the public good”, there is a requirement that the person should not be left stateless as a result.
The British Nationality Act 1981, in providing for the acquisition of citizenship since 1983, does not discriminate on grounds other than nationality. Previous legislation was discriminatory in that British women were not able to pass on citizenship to their children born in the United Kingdom. The 1981 Act provided that, from 1 January 1983, women could pass on citizenship in the same way as men. This was not made retrospective at the time because of complications which could have arisen in suddenly giving people, many of whom were adults, British nationality. Section 4C
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Lord Laird in his Question HL3518 asked about lifelong learning. The Government recognise the importance of proper provision in this area, which is why the Education and Skills Bill currently before Parliament strengthens the framework for the provision through the Learning and Skills Council of adult literacy, numeracy and first level 2 qualifications. Other provisions in the Bill clarify the framework for post-16 education. As described in the draft legislative programme, the Government plan in the next Session to provide a statutory basis for the apprenticeship programme, creating a new national apprenticeships service, establishing the first statutory entitlement to apprenticeships for all suitably qualified young people, and ensuring that careers teachers and advisers provide comprehensive information about apprenticeships.
Lord Laird also asked about private educational institutions. All independent schools in England must be registered with the Department for Children, Schools and Families, and reach and maintain standards set out in the Education (Independent School Standards) (England) Regulations 2003, as amended. The standards include the requirement for independent schools to promote principles which ensure that their pupils:
are able to distinguish right from wrong and respect the law; accept responsibility for their behaviour, show initiative and contribute to community life;have a broad general knowledge of public institutions and services in England; andacquire an appreciation of and respect for their own and other cultures in a way that promotes tolerance and harmony between different cultural traditions.Private further and higher education institutions that receive government funding, as well as being companies subject to the usual provisions of company law, are also obliged to respect conditions placed on that funding, which would include, for example, the principles of equality and diversity. Such institutions are also bound to follow the requirements laid down in their founding documents, whether they were founded under an Act of Parliament, by royal charter, or as a company limited by guarantee.
In respect of the next part of the Question, the right to universal educational access is both established and realised. The Government’s educational policy is geared towards promoting educational achievement for all children and young people, through access to appropriate resources and support.
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Lord Laird also asked whether the Government will “create extensive rights for children in education”. Children are already afforded rights of many types in their education. For example, the national curriculum entitles children to a balanced and broadly-based curriculum that prepares them for later life. Children also have rights around equality, safety and well-being, both in education and beyond. Children of course also have the benefit of the rights protected under the Human Rights Act
Finally, this Government believe in allowing parents choice in the way in which their children are educated. In relation to specific aspects of education, parents already have the right to withdraw children from all or any part of sex and relationship education, other than that required as part of statutory science. Government guidance also states that schools should also consult parents when developing their sex and relationship education policy to ensure that they develop policies which reflect parents’ wishes and the culture of the community they serve. Similarly, parents have the right to withdraw their children from all or any part of religious education. They do not have to give a reason for withdrawal and the school is expected to comply with the request. The right of withdrawal applies to all schools, including those with a religious character (sometimes known as faith schools). Parents can also withdraw their child from all or any part of collective worship.
In relation to standards of living in Lord Laird’s Question HL3519, the Government have no plans to alter the law in this area. It is, however, the Government’s aim that everyone should have access to a decent home at a price they can afford. To help deliver this, the Government have introduced new statutory standards for housing in April 2006—the housing health and safety rating system. The Government are also committed to achieving the decent homes standard, which will ensure that every social home meets at least a minimum standard, and that improvements in housing conditions in the private sector are targeted on vulnerable households.
In Question HL3520, Lord Laird asked whether the Government intend to alter the law on reproductive healthcare. As noted above in relation to Question HL3464, the Human Fertilisation and Embryology Bill is currently progressing through Parliament; this Bill updates the regulation of assisted reproduction and embryo research in the light of changes in science and society since the Human Fertilisation and Embryology Act 1990.
The Government are committed to the realisation of the right of everyone, reflected in Article 12 of the International Covenant on Economic, Social and Cultural Rights (ICESCR), to the enjoyment of the highest attainable standard of physical and mental health. Information about how the Government are working to realise this right was presented to the United Nations in July 2007 in the Fifth Periodic Report of the United Kingdom, the Crown Dependencies and the British Overseas Territories under the ICESCR5.
Lord Laird also asked about emergency medical treatment and essential primary healthcare. Primary care trusts must, to the extent that they consider necessary to meet all reasonable requirements, exercise
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In the final part of this Question, Lord Laird asked about the access of children to information on social and health issues. The Government are committed to the provision of Personal, Social and Health Education (PSHE) in schools and recognise its valuable contribution to the personal, social and moral development of pupils. High quality PSHE is key to meeting the five Every Child Matters national outcomes for children and an important part of meeting the new duty to promote well-being. The Government believe that recent changes, such as the revised secondary curriculum, the new duty to promote well-being and the emphasis on Every Child Matters outcomes give PSHE a secure place in the curriculum. Currently there are no plans to change the statutory status of PSHE. Many aspects of PSHE already have a statutory basis—sex education, drug education and careers. In addition there are a number of requirements which support PSHE in school such as the need for policies on bullying, promoting race relations and child protection.
In relation to Lord Laird’s Question HL3521, there are currently no proposals to create a legal right to housing for everyone or to make public authorities responsible for housing those evicted by the courts.
Housing legislation that applies to England and Wales already provides a right to housing for people who have become homeless through no fault of their own and who meet certain criteria. Those criteria are that the person must be eligible for assistance (certain categories of person from abroad are ineligible), and that he or she has a priority need for accommodation. The priority need categories include applicants whose household includes a dependant child, pregnant woman or someone who is vulnerable for some reason. A person also has a priority need if he is homeless or likely to become homeless within 28 days as a result of an emergency such as flood, fire or other disaster. Where these criteria are met, the local authority has a continuing duty to secure suitable accommodation until a settled home can be offered. In most cases, the offer of a settled home that brings the homelessness duty to an end is an offer of social housing.
The legislation also provides a right for people (whether homeless or not) to apply for social housing to any local housing authority in England or Wales, and to have that application considered by the local authority in accordance with the authority’s allocation scheme. Anyone is eligible for an allocation of accommodation, with the exception of certain persons from abroad specified in regulations and persons whom an authority decides to treat as ineligible because of serious unacceptable behaviour. People on a low income who need financial help may also be able to get housing benefit.
In relation to Question HL3522, the mission of the Department for Environment, Food and Rural Affairs (Defra) is to enable everyone to live within our
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The Defra website6, in addition to the websites of various agencies7, contains extensive information on how Defra's policies on resources and environmental systems—water, land and air—are delivered on the ground. The Environmental Information Regulations also give the public rights of access to environmental information.
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