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PERGAU DAM JUDGMENT: REVIEW OF ODA ACTIVITIES

Lord Molloy asked Her Majesty's Government:

Baroness Chalker of Wallasey: The terms of the review I advised the House of on 17th November are to examine all ODA activities that fall under Section 1 of the 1980 Overseas Development and Co-operation Act in the light of the interpretation of the Act given in the Pergau judgment by the High Court. In particular the review will consider whether any other current activities fall outside the Act as now interpreted.

BOSNIA: ARMS EMBARGO

Lord Kennet asked Her Majesty's Government:

Baroness Chalker of Wallasey: The United States Government have categorically assured us that they have not supplied military assistance or training to the

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Bosnian Government. They have also reiterated that they will continue to comply with the arms embargo under United Nations Security Council Resolution 713.

Lord Kennet asked Her Majesty's Government:

    Whether they have any evidence of the embargo on the passing of weapons to the parties fighting in Bosnia having been breached before the United States unilateral defection from the United Nations embargo, through Croatia or by unidentified air drops, and if so have these weapons been provided, or with the connivance or the approval of, elements of the United States Administration.

Baroness Chalker of Wallasey: We are aware that there have been breaches of the United Nations arms embargo in the former Yugoslavia. The United Kingdom attaches importance to such breaches being reported to the United Nations Sanctions Committee. The United States Government have categorically assured us that they have not supplied arms to the Bosnian Government.

NATO COMMANDER, SOUTHERN EUROPE

Lord Kennet asked Her Majesty's Government:

    What forces other than NATO the United States Admiral in Naples who is NATO Commander, Southern Europe has under his command in the Mediterranean area, including Albania, the Middle East and the Gulf; what collaboration there is between his two roles; and what happens when he gets conflicting orders from the United States Commander in Chief and from the NATO Council.

Baroness Chalker of Wallasey: Apart from NATO-assigned forces, the NATO commander in Naples, CINCSOUTH, also has command over all United States ships in Europe. He has delegated his command over United States ships in the Gulf to the regional commander there. He has no command over land or air forces other than those assigned to NATO.

There is no conflict between CINCSOUTH's two roles as United States and NATO commander. In order to avoid any potential conflict in the context of the NATO/WEU arms embargo enforcement operation in the Adriatic (Operation Sharp Guard), the United States President issued a directive that all United States officers in NATO command posts should give priority to NATO orders.

FORMER YUGOSLAVIA: BORDER CHANGES

Lord Kennet asked Her Majesty's Government:

    Whether in their view the frontiers of Yugoslavia were varied by the "genuine consent" of all the parties concerned, as required by CSCE provisions; whether those parties included the Government of Yugoslavia; and if not why were the frontiers changed and at whose insistence.

Baroness Chalker of Wallasey: The dissolution of the former Federal Republic of Yugoslavia was not accompanied by changes in its external or internal

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borders. Any possible future adjustments will require agreement of all the parties.

GENERAL GALVIN'S VISIT TO YUGOSLAVIA

Lord Kennet asked Her Majesty's Government:

    Whether the United States informed the Contact Group that a group of US military officers under General Galvin was to visit Yugoslavia to secure better political co-operation between Bosnian Croats and Bosnian Muslims.

Baroness Chalker of Wallasey: The United States Government informed us and other interested countries that General Galvin's visit was part of their effort to support the Bosnian Federation established by the Washington Agreement. We support this objective.

EUROPEAN COMMUNITIES ACT 1972: DESIGNATION ORDERS

Lord Skelmersdale asked Her Majesty's Government:

    How many designation orders made under Section 2(2) of the European Communities Act 1972 have been revoked.

Baroness Chalker of Wallasey: None.

Lord Skelmersdale asked Her Majesty's Government:

    How many designation orders have been made under Section 2(2) of the European Communities Act 1972.

Baroness Chalker of Wallasey: Forty-seven.

CONGRESSIONAL HEARINGS: REQUESTS FOR RECORDS

Lord Braine of Wheatley asked Her Majesty's Government:

    Whether they will seek to obtain from the United States Congress, and place in the Library of the House, a copy of the hearings held during the 95th Congress by the Senate Judiciary Committee on SJ Res 134;

    Whether they will seek to obtain from the United States Congress, and place in the Library of the House, House Report 95-1405;

    Whether they will seek to obtain from the United States Congress, and place in the Library of the House, a copy of the hearing held on 31 March 1981 during the 97th Congress by the Senate Labor and Human Resources Committee on Oversight of Family Planning Programs, 1981; and

    Whether they will seek to obtain from the United States Congress, and place in the Library of the House, copies of the hearings Serial No 97-16; Serial No 98-52; Serial No 98-121 held by the Sub Committee on Health and the Environment of the Energy and Commerce Committee; and

    Whether they will seek to obtain from the United States Congress, and place in the Library of the

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    House, copies of the hearings held during the 97th Congress by the Senate Labor and Human Resources Sub Committee on Ageing, Family and Human Services on Oversight on Family Planning Programs under Title X of the Public Health Service Act, 1981.

Baroness Chalker of Wallasey: The British Embassy in Washington is in touch with the Library of Congress about the availability of these documents. I shall write to the noble Lord about this.

POPULATION AND DEVELOPMENT CONFERENCE: UNITED KINGDOM REPRESENTATIVES

Lord Braine of Wheatley asked Her Majesty's Government:

    Whether they will publish in the Official Report a list of those delegates attending the International Conference on Population in Cairo who represented Great Britain and the United States.

Baroness Chalker of Wallasey: The United Kingdom Delegation's report, a copy of which has been placed in the Libraries of the House, contains details of those attending the International Conference on Population and Development from the United Kingdom. We do not have details of the delegation from the United States.

POPULATION AND DEVELOPMENT CONFERENCE: POPULATION CONTROL IN CHINA

Lord Braine of Wheatley asked Her Majesty's Government:

    What discussions they had about the Chinese population control with representatives of the International Planned Parenthood Federation and United Nations Fund for Population Activities at the International Conference on Population in Cairo; and with what results.

Baroness Chalker of Wallasey: Officials met with staff from the International Planned Parenthood Federation and the United Nations Population Fund at the International Conference on Population and Development and continue to have dialogue with these two organisations. Both organisations remain committed to promoting better reproductive health care and free choice.

Lord Braine of Wheatley asked Her Majesty's Government:

    Whether they will place in the Library of the House copies of reports on population control in China received by them from the International Planned Parenthood Federation and United Nations Fund for Population Activities.

Baroness Chalker of Wallasey: Copies of the United Nations Population Fund (UNFPA) 1993 Inventory of Population Projects and the International Planned Parenthood Federation (IPPF) 1994 Annual Report Supplement, together with a copy of China's National Report to the International Conference on Population

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and Development, have been placed in the Libraries of the House.

PREVENTION OF TERRORISM ACT EXCLUSION PROVISIONS: ECJ JURISDICTION

Lord Tebbit asked Her Majesty's Government:

    Whether the European Court of Justice has any jurisdiction in the matter of the banning of persons from the mainland of the United Kingdom under the provisions of the Prevention of Terrorism Act.

The Minister of State, Home Office (Baroness Blatch): The European Court of Justice is charged under the Treaty on European Union with the duty of ensuring that Community law is interpreted and applied correctly. The Treaty has, from the outset, provided certain rights of free movement to nationals of member states subject to limitations which may be justified on grounds, inter alia, of public security. Consequently the question of whether the exclusion provisions in the Prevention of Terrorism Act are compatible with Community law is one which the European Court may have jurisdiction to resolve in certain circumstances. If, for example, any person considered that their rights had been infringed by the making of an exclusion order, they could apply for judicial review of the order in the High Court. If the High Court considered it necessary to enable it to give judgement, it could seek a preliminary ruling from the European Court on the interpretation of the Treaty or of acts of the institutions of the Community. The High Court would then have to resolve the issues before it in the light of the European Court's ruling.


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