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8 Mar 2001 : Column WA35

Written Answers

Thursday, 8th March 2001.

Juvenile Girls in Prison Custody

Lord Acton asked Her Majesty's Government:

    Further to the answer by Lord Bassam of Brighton on 13 February (H.L. Deb., col. 134): (a) how many 15 and 16 year-old girls are being held in prison custody; and (b) what is their target date to fulfil their commitment of 8 March 1999 to have no 15 and 16 year-old girls in prison custody.[HL825]

The Parliamentary Under-Secretary of State, Home Office (Lord Bassam of Brighton): On 31 January 2001, there were 30 15 and 16 year-old girls held in Prison Service custody. We will remove them to other accommodation as soon as possible.

Asylum and Immigration Detainees

The Earl of Sandwich asked Her Majesty's Government:

    What is the average length of detention for asylum and immigration detainees (a) in the Home Office Holding Centre Haslar; (b) in HM Prison Rochester; and (c) in detention centres in the United Kingdom as a whole.[HL991]

Lord Bassam of Brighton: Information regarding the average length of detention for immigration detainees, including those who have sought asylum, is not currently available and could only be obtained at a disproportionate cost.

The Earl of Sandwich asked Her Majesty's Government:

    What safeguards exist in the system of processing of applications and appeals to ensure that asylum seekers are not detained indefinitely or for longer than 12 months.[HL992]

Lord Bassam of Brighton: Continued detention in all cases involving persons in sole detention under Immigration Act powers is subject to a system of administrative review within the Immigration Service. The system ensures that detention is reviewed at regular intervals, starting 24 hours after detention has commenced, and continuing at weekly and monthly intervals by successively more senior officers. At 12 months detention is reviewed by the Deputy Director General (Operations) Immigration and Nationality Directorate. At each review detention must be considered to be essential for it to continue.

Arkady Gaydamak

Lord Avebury asked Her Majesty's Government:

    Whether there has been any change in the situation regarding the case of Arkady Gaydamak since Mr Peter Hain said on 18 January that no international warrant had been issued for his arrest

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    at the request of Judge Courroye; whether French authorities have now asked for help on the case; when Mr Gaydamak was given indefinite leave to remain in the United Kingdom; and on what basis his application was granted.[HL1002]

Lord Bassam of Brighton: I refer the noble Lord to the reply I gave on 1st March (col. WA 154).

Treasury Solicitor's Department: Review

Baroness Gould of Potternewton asked Her Majesty's Government:

    Whether there are plans to review the work of the Treasury Solicitor's department as an agency.[HL1122]

The Attorney-General (Lord Williams of Mostyn): I am pleased to announce that, in accordance with the Government's commitment that all agencies should be reviewed regularly, a review of the work of the Treasury Solicitor's department is now being launched. The review, which will be conducted in accordance with the Cabinet Office Guidance published in January 2000, will be in two stages: first, to assess the department's performance as an agency and to consider whether agency status is the right organisational model and, secondly, to assess the scope for improving performance. The review will be supervised by a steering group chaired by Mr George Staple and conducted by Sir Quentin Thomas.

China: EU Position

Lord Moynihan asked Her Majesty's Government:

    Whether they intend to co-sponsor or support a resolution at the 57th session of the United Nations Commission on Human Rights drawing attention to China's record on human rights.[HL971]

The Parliamentary Under-Secretary of State, Foreign and Commonwealth Office (Baroness Scotland of Asthal): We are discussing with EU partners options for a common EU position towards China at the forthcoming 57th session of the UN Commission on Human Rights. We expect discussions to be finalised by the General Affairs Council on 19 March.

Treaty of Nice: Articles Subject to Unanimity

Lord Pearson of Rannoch asked Her Majesty's Government:

    If the proposed Treaty of Nice is ratified, which articles in the Consolidated Treaty on European Union and the Consolidated Treaty establishing the European Community will still be subject to the national veto.[HL806]

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Baroness Scotland of Asthal: I attach a table setting out this information.

Unless otherwise stated, all articles are from the treaty establishing the European Community:

Treaty articles which will remain subject to unanimity in the EU and EC treaties following ratification of the Treaty of Nice

Article
Article 7.1 (TEU)Sanctions clause
Article 17.1 (TEU)European Council decisions on "common defence" and EU/WEU integration
Article 23.1 (TEU)Foreign policy and defence decisions (Title V TEU)
Article 28.3 (TEU)Operational expenditure under CFSP
Article 24 (TEU) Article 38 (TEUConclusion of international agreements covering issues for which unanimity is required for the adoption of internal decisions (except implementation of joint actions or common positions)
Article 34.2 (TEU)Provisions on police and judicial co-operation in criminal matters (Title VI TEU)
Article 41.3 (TEU)Operational expenditure for Title VI TEU
Article 42 (TEU)Decision to move police and judicial co-operation in criminal matters to Title IV TEC
Article 44.2 (TEU)Enhanced co-operation under CFSP, QMV with an emergency brake (unanimity)
Article 48 (TEU)Treaty change
Article 49 (TEU)Accession of new member states
Article 13Action against discrimination (except incentive measures)
Article 18.3Provisions on passports, identity cards, residence permits; provisions on social security or social protection
Article 19Arrangements for non-nationals to vote in EP and municipal elections
Article 22Additional rights of EU citizenship
Article 42Social Security for Migrant Workers
Article 47.2Particular principles on the free movement of professionals
Article 57.2Derogation from liberalisation of capital movements
Article 67.1 and 2Action under Title IV (visas, asylum, immigration and other policies related to the free movement of persons). 67.2 provides for a move to QMV after five years (if the Council so decides by unanimity). Article 67.5 and the Protocol and Declaration on Article 67 mean some moves to QMV will happen sooner: on entry into force of the Treaty of Nice (Article 65 with the exception of aspects relating to family law); from May 2004 automatically (Article 66); after framework legislation, defining common rules and basic principles, has been agreed by unanimity (Articles 63(1)(a), (b), (c), (d) and 63(2)(a)); and following a Council decision after May 2004 (Articles 62(2)(a), 62(3) and 63(3)(b)).
Article 71.2Transport policy
Article 72Approval for derogations from transport rules in favour of a member state's own carriers
Article 88.2Derogation for state aid rules in "exceptional circumstances"
Article 93Indirect taxation
Article 94Approximation of laws affecting internal market
Article 104.14Replacement of excessive deficits Protocol
Article 105.6Tasks of the European Central Bank
Article 107.5Amendments (on a proposal from the Commission) to the statute of the ECB
Article 111.1Decisions concerning the ERM
Article 112.2(b)Appointment of the ECB's Executive Board
Article 117.1 and 7Transitional provisions on the European Monetary Institute (EMI)
Article 123.5Institutional provisions relating to EMU
Article 133.5 and 6Specified exceptions to QMV for negotiation and conclusion of international agreements on trade in some services and commercial aspects of intellectual property
Article 133.7Extension of Common Commercial Policy to other aspects of international negotiations and agreements on intellectual property
Article 137.2 Article 139.2Particular social provisions governed by unanimity
Article 151.5Culture
Article 161Rules governing structural and cohesion fund tasks, objectives and organisation (until 2007, or until agreement on the next financial perspective, whichever is the later)
Article 175.2Exceptions to QMV for environmental provisions
Article 181aEconomic, financial and technical co-operation with third countries for association agreements (see Article 310) and agreements with accession candidates
Article 186 Article 187Rules and procedures for association of the overseas countries and territories with the Community
Article 190.4Uniform electoral procedure for European Parliament
Article 190.5Taxation provisions of the Statute for Members of the European Parliament
Article 202Comitology rules
Article 203Order of Presidency
Article 213.1Altering number of Commissioners
Article 215Council Decision not to fill a vacancy in the Commission College
Article 222Increasing number of ECJ Advocates General
Article 223 Article 224Appointment of ECJ judges and Advocates General, and CFI judges
Article 225aCreation of judicial panels and appointment of members of the panels
Article 229aConferring jurisdiction on the ECJ for disputes concerning Community industrial property rights
Article 245Amendment to ECJ Statute
Article 250.1Amendment of a Commission proposal
Article 251.3Accepting EP amendments rejected by the Commission in the co-decision procedure
Article 252 (c, d and e)Second reading of co-operation procedure
Article 269Community finances--own resources
Article 279.1 Article 279.2Financial Regulations (until 1 January 2007) Community's own resources
Article 289Seats of institutions
Article 290Community language regime
Article 296.2Derogation for trade in arms
Article 300.2/5/6Conclusion of international agreements covering areas where unanimity applies internally/association agreements (see Article 310)
Article 304Co-operation with OECD
Article 308Old Article 235 (residual legal base)
Article 309Sanctions clause

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