§ Baroness Whitakerasked Her Majesty's Government:
How many states have ratified the First Optional Protocol of the International Covenant on Civil and Political Rights, thus providing a right of individual petition; whether the other Member States of the European Union have so ratified; and whether the United Kingdom will join them. [HL1859]
§ Lord Bassam of BrightonNinety-five states, of which 14 are members of the European Union, have granted the right of individual petition under the First Optional Protocol.
The Government have no present plans to grant new rights of petition under any United Nations human rights treaty. This reflects the outcome of a thorough review of our obligations under international human rights treaties in March 1999. We will review the position again when the Human Rights Act 1998 has been implemented and is properly bedded down.
§ Baroness Whitakerasked Her Majesty's Government:
Whether they will lift their reservation on Article 10(2)(b) and (3) of the International Covenant on Civil and Political Rights, which prohibits mixing young offenders and adult prisoners; and [HL 1860]
Whether they will lift their reservation on the provision to prohibit separating young from adult offenders in the Convention on the Rights of the Child. [HL1863]
§ Lord Bassam of BrightonThe Government agree in principle that young prisoners should be held separately from adults. We have provided £51 million to enable the Prison Service to create a distinct estate for young men under 18 years old. However, the United Kingdom believes it should maintain its reservations on Article 10(2)(b) and (3) of the International Covenant on Civil and Political Rights and Article 37(c) of the United Nations Convention on the Rights of the Child. There continue to be a small number of young men whose particular circumstances mean that they are best temporarily held in adult prisons, for example, because of distance from court.
The Government have decided that young women aged 15–16 should be placed in non-Prison Service accommodation, and those aged 17 years as spaces become available. In the interim, 17 year-olds on remand will continue to share facilities with adults due to their small numbers, and those sentenced with other young women under 21 in enhanced young offender units in women's prisons.
§ Baroness Whitakerasked Her Majesty's Government:
Whether they will lift their reservation on Article 20 of the International Covenant on Civil and Political Rights relating to the advocacy of religious hatred. [HL1861]
50WA
§ Lord Bassam of BrightonThe Government have no immediate plans to lift this reservation.
Incitement of racial hatred is an offence under Part III of the Public Order Act 1986. For the purposes of this offence "racial hatred" is defined as hatred against a group of persons in Great Britain defined by reference to colour, race, nationality (including citizenship) or ethnic or national origins. This means that the law does not cover all religious groups. The Government are listening to the concerns of minority faith communities about the issues of religious discrimination, and to the case for it to be made subject to the law. This issue raises many difficult, sensitive and complex questions.
We have commissioned a team from the University of Derby to conduct research to assess the current scale and nature of religious discrimination. The results, due in autumn 2000, will help to inform our thinking about the appropriate response regarding religious discrimination and incitement of religious hatred. In the meantime, we intend to maintain the reservation.
§ Baroness Whitakerasked Her Majesty's Government:
How many states have made a declaration under the Convention Against Torture so as to allow individual petition; and whether the United Kingdom will now make a similar declaration. [HL1862]
§ Lord Bassam of BrightonForty-two states have made a declaration under Article 22 of the United Nations Convention against Torture, allowing individual petition.
The Government have no present plans to grant new rights of petition under any United Nations human rights treaty. This reflects the outcome of a thorough review of our obligations under international human rights treaties in March 1999. We will review the position again when the Human Rights Act 1998 has been implemented and is properly bedded down.