§ Norman LambTo ask the Secretary of State for Trade and Industry whether her Department is investigating allegations of breaches of OECD 1441W guidelines by British-based companies and individuals made by the UN Panel of Experts in respect of the Democratic Republic of the Congo. [175511]
§ Mr. Mike O'BrienA formal complaint was never lodged against De Beers. However following the final UN Expert Panel report and discussions between De Beers and the U.K. National Contact Point (NCP) for the OECD Guidelines, an NCP Statement was published on 5 May 2004 and is available on the U.K. OECD Guidelines webpage (http://164.36.164.37/ewt/debeers.doc)
The NCP is not an investigatory body. Its role, as defined in the Guidelines, is one of facilitation and mediation between the parties. This presupposes the existence of a complainant.
If the NCP is in receipt of information (e.g. from the UN expert panel) this can be put to the company, but without a complainant the NCP cannot engage in the dialogue process envisaged by the Guidelines.
Following repeated requests for evidence over a six month period, the UN has now agreed to provide copies of their background documentation. This arrived on 17 May 2004 and is currently being examined in detail to see what it adds to the report. A decision can then be taken as to the appropriate way forward on each company concerned.
§ Norman LambTo ask the Secretary of State for Trade and Industry (1) what information her Department has received from the UN and the panel of experts on the Democratic Republic of the Congo in support of allegations against British-based companies or individuals made by the panel of experts; and what steps her Department has taken to investigate such allegations; [175553]
(2) whether her Department requires a complaint to be made in order for an investigation to be pursued in respect of an alleged breach of OECD guidelines; [175554]
(3) whether a complaint was received against De Beers in respect of an alleged breach of OECD guidelines as referred to in the initial UN expert panel report on the illegal exploitation of natural resources in the Democratic Republic of the Congo. [175555]
§ Mr. Mike O'BrienA formal complaint was never lodged against De Beers. However following the final UN Expert Panel report and discussions between De Beers and the U.K. National Contact Point (NCP) for the OECD Guidelines, an NCP Statement was published on 5 May 2004 and is available on the U.K. OECD Guidelines webpage (http://164.36.164.37/ewt/debeers.doc)
The NCP is not an investigatory body. Its role, as defined in the Guidelines, is one of facilitation and mediation between the parties. This presupposes the existence of a complainant.
If the NCP is in receipt of information (e.g. from the UN expert panel) this can be put to the company, but without a complainant the NCP cannot engage in the dialogue process envisaged by the Guidelines.
1442WFollowing repeated requests for evidence over a six month period, the UN has now agreed to provide copies of their background documentation. This arrived on 17 May 2004 and is currently being examined in detail to see what it adds to the report. A decision can then be taken as to the appropriate way forward on each company concerned.