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Lord Williams of Mostyn: There is no statutory definition of what constitutes a war crime. However offences committed in the course of armed conflict, both international and otherwise, may be prosecuted under the Geneva Convention Act of 1957. And where the relief or aid worker is deemed to be a member of the United Nations, as defined by the Act, action may also be taken under the United Nations Personnel Act 1997.
(a) invite all interested parties to present oral or written evidence on an equal access basis;
(b) be able to consider both substantive issues relating to advertising and the potential or actual issue of a notice to cease advertising;
(c) issue decisions that will be binding on all parties subject to judicial review;
(d) issue published decisions with detailed reasons; and
(e) be supported by an independent secretariat.[HL2166]
The Parliamentary Under-Secretary of State, Department of Health (Baroness Hayman): The proposed Independent Review Panel which will review preliminary decisions on advertising under Regulation 13 of the Medicines (Advertising and Monitoring of Advertising) Amendment Regulations 1999 (S.I. No. 267) will:
(a) consider written representations from pharmaceutical companies together with the advertising and promotional material for compliance with the Medicines (Advertising) Regulations;
(b) advise Health Ministers on the acceptability of the advertising and promotional material potential in breach of the regulations, not on the issue of
a notice to cease advertising. The recipient of a notice may of course ask the courts to review the legality of the issue of a notice;
28 Apr 1999 : Column WA46
This protocol can only be signed by a member state which has signed the Council of Europe Convention on Human Rights and Biomedicine. The United Kingdom has not yet signed the convention. When the protocol was opened for signature, the Government were consulting on the research provisions of the Convention on Human Rights and Biomedicine as part of the consultation on decision-making for the mentally incapacitated undertaken by the Lord Chancellor's Department.
It would not be appropriate to sign a convention while actively engaged in consultation on its provisions. However, the Government fully support the principles enshrined in the Protocol on the Prohibition of Cloning Human Beings, which are already reflected in United Kingdom law and practice.
As between the Parties, the provisions of Articles 1 and 2 of this Protocol shall be regarded as additional articles to the Convention and all the provisions of the Convention shall apply accordingly. Article 4
This Protocol shall be open for signature by Signatories to the Convention. It is subject to ratification, acceptance or approval. A Signatory may not ratify, accept or approve this Protocol unless it has previously or simultaneously ratified, accepted or approved the Convention. Instruments of ratification, acceptance or approval shall be deposited with the Secretary General of the Council of Europe. Article 5
1. This Protocol shall enter into force on the first day of the month following the expiration of a period of three months after the date on which five States, including at least four member States of the Council of Europe, have expressed their consent to be bound by the Protocol in accordance with the provisions of Article 4.
2. In respect of any Signatory which subsequently expresses its consent to be bound by it, the Protocol shall enter into force on the first day of the month following the expiration of a period of three months after the date of the deposit of the instrument of ratification, acceptance or approval. Article 6
2. Accession shall be effected by the deposit with the Secretary General of the Council of Europe of an instrument of accession which shall take effect on the first day of the month following the expiration of a period of three months after the date of its deposit. Article 7
2. Such denunciation shall become effective on the first day of the month following the expiration of a period of three months after the date of receipt of such notification by the Secretary General. Article 8
The Secretary General of the Council of Europe shall notify the member states of the Council of Europe, the European Community, any Signatory, any Party and any other State which has been invited to accede to the Convention of:
Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Greece, Iceland, Italy, Latvia, Lithuania, Luxembourg, Moldova, Netherlands, Norway, Portugal, Romania, San Marino, Slovakia, Slovenia, Spain, Sweden, the former Yugoslav Republic of Macedonia and Turkey.
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