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Written Answers

Friday 8 November 2013

Botswana

Question

Asked by Lord Pearson of Rannoch

To ask Her Majesty’s Government what is their assessment of the latest developments in the case of the Bushmen of the Kalahari; and whether they are in contact with the government of Botswana about recent developments.[HL3134]

The Senior Minister of State, Department for Communities and Local Government & Foreign and Commonwealth Office (Baroness Warsi) (Con): On 29 August a ruling by the High Court of Botswana dismissed an application for increased access to the Central Kalahari Game Reserve (CKGR), but granted the applicants leave to submit a fresh application to the courts. We continue to believe that dialogue offers the best hope of resolving this issue and encourages both the Government of Botswana and the applicants to renew efforts to achieve a negotiated and sustainable solution.

British Government representatives meet their Botswana counterparts on a regular basis to discuss a range of issues including CKGR, most recently in October.

Brunei

Question

Asked by Lord Pearson of Rannoch

To ask Her Majesty’s Government what assessment they have made of reports of the introduction in Brunei of a strict code of Islamic law; and whether they have made representations to the government of that country about that matter.[HL3007]

The Senior Minister of State, Department for Communities and Local Government & Foreign and Commonwealth Office (Baroness Warsi) (Con): An announcement was made on 22 October that a new sharia criminal code would be progressively introduced in Brunei from April 2014. On 30 October, the Minister of State for Foreign and Commonwealth Affairs, my right hon. Friend the Member for East Devon (Mr Swire), raised the issue with his Bruneian counterpart Pehin Lim, and sought clarification of its implications. We will continue to assess the new code and urge the Brunei authorities to consider carefully the impact of this decision.

Dominican Republic and Haiti

Question

Asked by Lord Foulkes of Cumnock

To ask Her Majesty’s Government what discussions they have had or propose to have with the governments of Haiti and the Dominican Republic about the

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ruling of the Constitutional Court of the Dominican Republic on 23 September regarding the human rights of Haitians in that country.[HL3060]

The Senior Minister of State, Department for Communities and Local Government & Foreign and Commonwealth Office (Baroness Warsi) (Con): Our Ambassador to the Dominican Republic has discussed the Dominican Constitutional Court ruling 168/13 with relevant Dominican authorities, including the President and the Director General of Migration. Our new Chargé d'Affaires in Port au Prince will soon take part in discussions on the same subject with Haitian authorities.

EU: Common Agricultural Policy

Question

Asked by Lord Ashcroft

To ask Her Majesty’s Government, further to the Written Answer by Baroness Warsi on 22 October (WA 155), where the information requested can be sourced.[HL3035]

The Senior Minister of State, Department for Communities and Local Government & Foreign and Commonwealth Office (Baroness Warsi) (Con): Payments made under the EU’s Common Agricultural Policy (CAP) are the responsibility of the national governments concerned. The British Government is not aware of this information being available in the form requested.

EU: Organised Crime

Question

Asked by Lord Pearson of Rannoch

To ask Her Majesty’s Government what assessment they have made of the statement by the Italian Member of the European Parliament Ms Sonia Alfano, chairman of the European Parliament’s Special Committee on Organised Crime, that the mafia have relations with people within all European Union institutions.[HL3132]

The Senior Minister of State, Department for Communities and Local Government & Foreign and Commonwealth Office (Baroness Warsi) (Con): We regard any kind of links with organised criminal groups as unacceptable. The British Government has not assessed the statement made by Ms Sonia Alfano. However we appreciate the important work that the European Parliament’s Special Committee on Organised Crime has undertaken to counter the threats posed by organised criminal groups to Europe as a whole.

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Government Departments: Special Collections

Questions

Asked by Lord Lester of Herne Hill

To ask Her Majesty’s Government whether they will publish the inventory of the contents of the special collection of Foreign and Commonwealth Office files that have not been transferred to the National Archive.[HL2966]

The Senior Minister of State, Department for Communities and Local Government & Foreign and Commonwealth Office (Baroness Warsi) (Con): A high-level inventory of the special collection files (around 600,000 files outside the Foreign and Commonwealth Office (FCO) corporate file plan) was published on the FCO website last year. These records relate to the work of the FCO and were either created by the FCO or its predecessors (such as the Colonial Office) or by other organisations. A more detailed inventory was published on 1 November on the gov.uk website (www.gov.uk/archive-records). This inventory also provides a list of record series created by FCO departments and overseas posts which are held in the FCO archive.

Asked by Lord Lester of Herne Hill

To ask Her Majesty’s Government who decides whether and when Foreign and Commonwealth Office files in the special collection are transferred to the National Archive; and what are the criteria used in taking such decisions.[HL2967]

Baroness Warsi: The special collections are public records as defined in the Public Records Acts (PRA). No decisions have yet been taken on transferring these records to The National Archives (TNA). Under the PRA, Section 3, the Foreign and Commonwealth Office (FCO) is responsible for selecting, appraising and releasing its records under the guidance and supervision of TNA. Currently, the special collections are retained by the FCO under a legal instrument granted by the Lord Chancellor. The current period of retention (which expires in December 2013) has been granted in order to provide the FCO with time to prepare the detailed inventory and a prioritised plan for the preparation of special collection record series for transfer to The National Archives (TNA). The FCO will present this draft plan to the Lord Chancellor’s Advisory Council on National Records and Archives at the Council’s meeting on 14 November.

Houses of Parliament: Scrutiny Override

Question

Asked by Lord Pearson of Rannoch

To ask Her Majesty’s Government how many times the scrutiny reserve on European Union legislative proposals has been over-ridden in each House of Parliament since November 2010.[HL3008]

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The Senior Minister of State, Department for Communities and Local Government & Foreign and Commonwealth Office (Baroness Warsi) (Con): The Government will always seek to avoid breaching the scrutiny reserve resolutions of either House of Parliament and will continue to account for their actions in writing to the chairmen of the scrutiny committees in each House when this happens.

Published figures up to 31 December 2012 show 144 parliamentary scrutiny overrides in the House of Lords and 165 in the House of Commons. These figures are recorded as responses to twice-yearly Written Parliamentary Questions from the Chairman of the House of Lords European Union Committee and are available online:

July-Dec 12: http:// www.publications.parliament.uk/pa/ld201314/ldhansrd/text/130521w0001.htm#13052174000483

Jan-June 12: http:// www.publications.parliament.uk/pa/ld201213/ldhansrd/text/121120w0001.htm#12112051000609

Jul-Dec 11: http://www.publications.parliament.uk/pa/ld201213/ldhansrd/text/120625w0001.htm#12062546000777

Jan-June 11: http:// www.publications.parliament.uk/pa/ld201212/ldhansrd/text/120110w0002.htm#12011062001575

Jul-Dec 10: http://www.publications.parliament.uk/pa/ld201011/ldhansrd/text/110426w0002.htm#1104267001720

International Criminal Court

Question

Asked by The Earl of Sandwich

To ask Her Majesty’s Government what assessment they have made of the resolution of the African Union that no African head of state should attend the International Criminal Court; and what assessment they have made of the effect that resolution will have on the integrity and reputation of the Court. [HL2970]

The Senior Minister of State, Department for Communities and Local Government & Foreign and Commonwealth Office (Baroness Warsi) (Con): The UK is a strong supporter of the International Criminal Court (ICC). The Rome Statute of the ICC states that the Statute shall apply equally to all persons without any distinction based on official capacity. The UK believes this is a fundamental principle that supports the Court’s work to end impunity for the perpetrators of the most serious crimes of concern to the international community. African support and expertise continues to be important to enable the Court to deliver its mandate of delivering justice for victims and tackling impunity. It is important that all relevant parties engage with the concerns raised in the recent African Union decision on the ICC. The UK will continue to engage with partners on issues of concern, including at the ICC Assembly of States Party starting on 20 November.

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Iran

Questions

Asked by Baroness Deech

To ask Her Majesty’s Government what assessment they have made of reports that Iran has recently installed an additional 7,000 centrifuges.[HL2971]

The Senior Minister of State, Department for Communities and Local Government & Foreign and Commonwealth Office (Baroness Warsi) (Con): As the International Atomic Energy Agency’s quarterly reports on the Iranian nuclear programme make clear, Iran continues to install centrifuges at an alarming rate, in violation of United Nations Security Council Resolutions. Iran has installed more than 7,000 new centrifuges in the last year alone, bringing its total number of centrifuges to in excess of 19,000. This includes 1,000 more advanced centrifuges, capable of enriching at a significantly faster rate. Iran currently has no credible civilian use for the large quantities of enriched material that it already has, let alone what it might be able to produce in the near future should it decide to do so. We hope that the negotiations between the E3+3 (made up of the UK, along with France, Germany, Russia, China and the US) and Iran will soon lead to Iran taking concrete steps to address international concerns regarding its nuclear programme.

Asked by Baroness Deech

To ask Her Majesty’s Government what assessment they have made of reports that 50 people were hanged in Iran in September; and whether they will make representations to the government of Iran in the light of the reported rise in the number of executions carried out in recent months.[HL2972]

Baroness Warsi: Iran has one of the highest rates of execution in the world, with over 270 executions announced officially to date in 2013 alone. The true figure is likely to be far higher. On 23 October, the UK made a statement in the UN General Assembly supporting the recommendation of the UN Special Rapporteur on the human rights situation in Iran, Dr Shaheed, that Iran should declare a moratorium on all executions. On 28 October, the Minister of State for Foreign and Commonwealth Affairs, my right hon. Friend the Member for Faversham and Mid Kent (Mr Robertson) made a statement urging Iran to place a moratorium on the death penalty and ensure that all individuals are afforded the right to a fair trial. The UK opposes the use of the death penalty as a matter of principle.

Northern Ireland Parades Commission

Question

Asked by Lord Laird

To ask Her Majesty’s Government, further to the Written Answer by Baroness Randerson on 25 October (WA 218) describing the process of appointments to the Northern Ireland Parades

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Commission as “fair and open recruitment”, by which criteria that process is assessed; and who makes that assessment.[HL3020]

The Parliamentary Under-Secretary of State, Wales Office (Baroness Randerson) (LD): As previously stated in the answer on 25 October (Official Report, col. WA 218), appointments to the Parades Commission for Northern Ireland are regulated by the Commissioner for Public Appointments. The appointments process will be run in accordance with the Commissioner’s Code of Practice. All stages of the process will be undertaken by a selection panel that will be chaired by Dame Anne Pringle, who is the Public Appointments Assessor allocated by the Commissioner for Public Appointments. The panel will include a senior official from the NIO and independent membership. The panel will assess candidates against the person specification and skills requirements set out in the information pack that is available on the Cabinet Office’s public appointments website:

http://publicappointments.cabinetoffice.gov.uk/.

Sri Lanka

Question

Asked by Baroness Scotland of Asthal

To ask Her Majesty’s Government what recent discussions they have conducted with Commonwealth counterparts regarding the human rights situation in Sri Lanka; and whether they intend to call on the Commonwealth Ministerial Action Group to place Sri Lanka formally on their agenda.[HL3077]

The Senior Minister of State, Department for Communities and Local Government & Foreign and Commonwealth Office (Baroness Warsi) (Con): The UK discussed the human rights situation in Sri Lanka with all Commonwealth counterparts attending the Commonwealth Foreign Ministers’ meeting in New York on 26 September.

The UK is not a member of the Commonwealth Ministerial Action Group (CMAG). We have been disappointed that CMAG has not addressed Sri Lanka more substantively in their recent meetings. We have made clear to CMAG members that we consider it is of paramount importance that the Commonwealth addresses publically areas of concern, especially when Commonwealth members are failing to meet domestic, as well as international, agreements.

Turkey

Questions

Asked by Lord Patten

To ask Her Majesty’s Government, further to the Written Answer by Baroness Warsi on 22 October (WA 190), what further action they intend to take bilaterally with the government of Turkey, rather than through European Union mechanisms, to encourage the re-opening of the Greek Orthodox seminary on Halki Island.[HL3081]

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The Senior Minister of State, Department for Communities and Local Government & Foreign and Commonwealth Office (Baroness Warsi) (Con): The UK has not made specific bilateral representations to the Government of Turkey over the future of Halki seminary.

We do discuss wider issues concerning Freedom of Religion and Belief with our Turkish interlocutors and are encouraged by recent steps taken by the Turkish government to improve protections for religious minorities. However, we share the EU’s assessment that more needs to be done, including training of clergy and legal “foundation status” for religious minority organisations.

Asked by Lord Patten

To ask Her Majesty’s Government, further to the Written Answer by Baroness Warsi on 22 October (WA 170), what assessment they have made of the freedom of worship by Anglicans and Catholics in coastal holiday areas of Turkey.[HL3082]

Baroness Warsi: The Government has not made a specific assessment of the freedom of worship by Anglicans and Catholics in coastal holiday areas of Turkey.

However, our embassy in Ankara regularly raises the issue of respect for all religious minorities in its wider discussions on human rights with the Turkish Government. Together with our EU partners we will continue to encourage the ongoing reform agenda in Turkey, including further progress across all fundamental freedoms, as part of the EU accession process.

Young Offender Institutions: Staff

Questions

Asked by Baroness Stern

To ask Her Majesty’s Government what are the procedures for protecting whistleblowers employed in young offender institutions and secure training centres; how those procedures have been communicated to the staff; and when.[HL2937]

Lord Ahmad of Wimbledon (Con): The Government is committed to ensuring that staff working in the under-18 secure estate maintain the highest standards of personal and professional conduct. Managers within under-18 Young Offenders Institutions (YOI) and Secure Training Centres (STC) have a responsibility to create a culture in which staff feel confident to report wrongdoing and also to ensure they receive adequate protection from any form of discrimination or victimisation arising from an allegation.

Within under-18 YOIs, Prison Service Order 1215 “Professional Standards: Preventing and Handling Staff Wrongdoing” sets out the mandatory requirements and guidance on preventing wrongdoing, supporting staff who are vulnerable to wrongdoing and reporting suspicions of wrongdoing. The policy makes clear that staff who report wrongdoing should be supported and must be protected.

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All new members of staff within under-18 YOIs sign a ‘Professional Standards Statement” and are also directed to the Staff handbook, both of which includes details of reporting wrongdoing. In addition, line managers have a responsibility to ensure all staff are aware of these processes.

In order to comply with the terms of their contracts, Secure Training Centre operators are required to have in place an operating procedure that describes the process for reporting wrongdoing. This procedure covers the mechanisms for protecting staff through the use of confidential telephone lines or mail boxes and ability to make contact with the organisation outside of their particular business area. The procedure is communicated to all new staff as part of the Initial Training Course and also forms part of the regular refresher training. All forms of victimisation against any person using the policy is regarded as a serious disciplinary offence.

Asked by Baroness Stern

To ask Her Majesty’s Government what proportion of staff employed in each young offender institution and secure training centre (1) are qualified social workers, and (2) are registered with the Health and Care Professions Council.[HL2939]

Lord Ahmad of Wimbledon Young people in custody require a range of support to ensure their safety and help prevent them reoffending on release. Information on staff qualifications in under-18 Young Offender Institutions is not collated centrally. This information could only be collected at disproportionate cost.

The table below shows the proportion and number of staff employed in each Secure Training Centre who are qualified social workers and registered with the Health and Care Professions Council.

HassockfieldMedwayOakhillRainsbrook

Qualified social workers*

4%

4%

2%

3%

6 social workers

9 social workers

6 social workers

9 social workers

Qualified social workers registered with the Health and Care Professions Council

4%

4%

2%

3%

6 social workers

9 social workers

4 social workers

9 social workers

*

Oakhill has two newly qualified social workers in the process of registering.

Asked by Baroness Stern

To ask Her Majesty’s Government what proportion of staff employed in each young offender institution and secure training centre (1) are qualified arts psychologists, and (2) are registered with the Health and Care Professions Council.[HL2942]

Lord Ahmad of Wimbledon: Young people in custody require a range of support to ensure their safety and help prevent them re-offending on release.

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Information on staff qualifications in under-18 Young Offender Institutions is not collated centrally. This information could only be collected at disproportionate cost. There are no qualified arts psychologists in Secure Training Centres.

Youth Justice Board: Performance Monitors

Question

Asked by Baroness Stern

To ask Her Majesty’s Government what proportion of Youth Justice Board Performance Monitors (1) have a social work qualification, (2) are registered with the Health and Care Professions Council, and (3) have

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previously worked with children in institutional settings.[HL2938]

Lord Ahmad of Wimbledon (Con): We are committed to ensuring the safety of young people in custody through robust monitoring.

The Criminal Justice and Public Order Act 1994 provides for the appointment of a ‘Monitor’ to every contracted out Secure Training Centre (STC). The Monitor’s responsibilities include reviewing and reporting on the running of an STC and investigating allegations made against STC staff.

There are four Monitors, one for each STC. Two of the Monitors have a social work qualification, although none are registered with the Health and Care Professionals Council. All of the STC Monitors have previously worked with children in institutional settings.