HL Deb 22 April 2004 vol 660 cc56-7WA
Lord Lester of Herne Hill

asked Her Majesty's Government:

Further to the Written Answer by the Baroness Scotland of Asthal on 31 March (WA 163), whether there is any justification in international law for interpreting the scope of the Framework Convention for the Protection of National Minorities as confined to the protection of "racial groups" as defined in the Race Relations Act 1976 rather than applying to "national minorities" generally, including British Muslims. [HL2328]

The Minister of State, Home Office (Baroness Scotland of Asthal)

As I explained in my Written Answer on 31 March (WA 163), the Framework Convention for the Protection of National Minorities does not define the term "national minority" nor is "national minority" a legally defined term in the United Kingdom.

In choosing to apply the framework convention with reference to the definition of racial groups in the Race Relations Act (which is "a group of persons defined by reference to colour, race, nationality or ethnic or national origins"), the Government have interpreted the framework convention relatively widely. For example, I understand that some parties to the framework convention apply it only to members of certain longstanding minority groups with a domestic legal status as "national minorities."

The Government believe that this threshold ensures that the United Kingdom complies with statement of the Advisory Committee on the Framework Convention that "implementation of the framework convention should not be a source of arbitrary or unjustified distinctions", in that it is based on criteria set out in an Act of Parliament that are a matter for interpretation by the courts.

Lord Lester of Herne Hill

asked Her Majesty's Government:

Further to the Written Answer by the Baroness Scotland of Asthal on 31 March (WA 163), whether they consider British Jews to be a national minority within the scope of the Framework Convention for the Protection of National Minorities. [HL2326]

Baroness Scotland of Asthal

The Government do not recognise any national minority as such. The term "national minority" is not a legally defined term in the United Kingdom, nor does the Framework Convention for the Protection of National Minorities define the term.

As I stated in my Written Answer on 31 March (WA 163), the Government therefore ratified the framework convention on the understanding that its principles should apply to members of "racial groups" as set out in the Race Relations Act 1976. This defines a racial group as "a group of persons defined by reference to colour, race, nationality or ethnic or national origins".

Case law has established that Jews constitute a racial group within the meaning of the Race Relations Act. They are therefore covered by the framework convention.