HC Deb 13 January 2004 vol 416 cc692-3W
Norman Lamb

To ask the Secretary of State for Trade and Industry how officials from her Department made contact with the British-based companies alleged to have breached Organisation for Economic Cooperation and Development business ethics guidelines in the last report of the UN Panel of Experts on the Illegal Exploitation of the Natural Resources and Other Forms of Wealth of the Democratic Republic of the Congo; what responses have been received so far; whether responses will be placed in the Library; and if she will make a statement. [146414]

Mr. Mike O'Brien

The National Contact Point (NCP) for the OECD Guidelines for Multinational Enterprises contacted some of the companies mentioned in Schedule 3 of the UN Panel report directly, the remaining companies made contact with the NCP. In all cases this resulted in face-to-face discussions with either the company or their legal representatives. In all cases the companies denied any wrongdoing and indicated their willingness to act in accordance with the OECD Guidelines. In the absence of evidence of specific instances of breaching the Guidelines, the companies have not—been in a position to respond substantively to the allegations by the UN Panel. All communications with the Panel are undertaken within the confidentiality provisions of the Guidelines and consequently the Government will be unable to place a copy of any response in the Library. My hon. Friend, the Parliamentary Under Secretary of State for Foreign and Commonwealth Affairs (Mr. Mullin) made a statement to the House on 17 December 2003,Official Report, columns 142–44WS, regarding the UN Panel of Experts report and I have nothing to add to that statement at this time.

Norman Lamb

To ask the Secretary of State for Trade and Industry what response her Department has received to its request to the UN Panel of Experts on the Illegal Exploitation of the Natural Resources and Other Forms of Wealth of the Democratic Republic of the Congo for further information and evidence on the allegations against British-based companies contained in its last report; whether this information can still be provided by the UN following the disbandment of the Panel of Experts on 31 October 2003; what the process is for obtaining information from a UN Panel of Experts which has been disbanded; if she will place a copy of her Department's request to the UN Panel of Experts' response in the Library once it is received; whether her Department made representations to the UN with regard to the disbandment of the Panel; and if she will make a statement. [146415]

Mr. Mike O'Brien

Following oral requests by the UK Mission at the UN to the Chairman of the Panel of Experts for evidence of specific instances of breaching the OECD Guidelines, a letter was sent to the UN Secretariat on 17 November and resent again a week later. To date there has been no reply to either letter.

The National Contact Point (NCP) has repeatedly attempted to telephone the Political Secretary to the Panel and has left messages without response. Consequently we are about to make further representations to Ambassador Kassem who chaired the panel to provide the necessary evidence.

Members of the panel indicated in April 2003 that they were in possession of a good deal of documentary evidence, none of which has, thus far, been provided. We believe the disbanding of the panel should not necessarily affect the early availability or provision of this documentation. As you will be aware from the ministerial statement made by my hon. Friend, the Parliamentary Under Secretary of State for Foreign and Commonwealth Affairs on 17 December 2003, Official Report, columns 142–44WS, NCPs from all countries involved have been assured that this information would be provided and are frustrated that this has not yet happened.

All communications with the Panel have been conducted under the confidentiality provisions of the Guidelines and consequently the Government will be unable to place a copy of the request, or any response, in the Library.

My department made no representations to the UN with regard to the disbandment of the Panel, whose original time-limited mandate had already been extended on several occasions