HC Deb 05 May 1988 vol 132 cc531-2W
Mr. Foulkes

To ask the Secretary of State for the Home Department if the right of the individual petition has yet been ratified in accordance with article 63 of the convention with regard to the first protocol of the European convention on human rights for(a) the Bailiwick of Guernsey, (b) the Bailiwick of Jersey and (c) the Isle of Man; and if he will make a statement.

Mr. Douglas Hogg

The right of individual petition in accordance with article 25 of the European convention on human rights was renewed by Guernsey and Jersey for a period of five years with effect from January 1986. The first protocol to the convention was extended to Guernsey and Jersey in February 1988.

The Isle of Man Government decided, in 1976, not to renew the right of individual petition and reaffirmed this decision on subsequent occasions. They are currently considering whether to have the first protocol to the convention extended to the island.

Mr. Foulkes

To ask the Secretary of State for the Home Department if he will make a statement regarding negotiations between Her Majesty's Government and the authorities in(a) Jersey and (b) Guernsey, concerning procedures relating to presentation of petitions from these islands and certain orders of the Privy Council of 1679; and if he will seek assurances that the procedure with regard to the registration of Acts of Parliament orders or letters of the Privy Council in those islands will not be changed without prior approval of Parliament.

Mr. Douglas Hogg

Informal discussions on clarifying the procedures for appeals to the Judicial Committee of the Privy Council have taken place with the Attornys-General of Jersey and Guernsey. Any changes relating to the registration of Acts of Parliament, Orders or letters of the Privy Council would be matters requiring the approval of Her Majesty The Queen in Council.

Mr. Foulkes

To ask the Secretary of State for the Home Department whether the judges rules remain applicable in(a) the Channel Islands and (b) the Isle of Man where the Police and Criminal Evidence Act does not apply; whether the judges of the courts in those islands are empowered to alter or amend the judges rules; and what proposals there are to extend the Police and Criminal Evidence Act to those islands.

Mr. Douglas Hogg

The judges rules, which have been replaced by the code of practice issued under the Police and Criminal Evidence Act 1984, do not apply in the Channel Islands or the Isle of Man and the courts in those islands have no power to amend or alter these rules. Principles similar to those laid down in the code of practice have been adopted in the islands. There is no provision whereby the Police and Criminal Evidence Act 1984 could be extended to the Channel Islands or the Isle of Man.

Mr. Foulkes

To ask the Secretary of State for the Home Department what information he has as to whether legislation has yet been introduced in(a) the Channel Islands and (b) the Isle of Man to prevent discrimination on the basis of racial or ethnic origin or sex; and if he will make a statement.

Mr. Douglas Hogg

No. But I have no doubt that the island authorities will be prepared to consider such legislation if circumstances required it.