Merits of Statutory Instruments Committee

41st Report of Session 2005-06

Drawing special attention to:

Export Control (Security and Para-military Goods) Order 2006 and the Technical Assistance Control Regulations 2006

Ordered to be printed 11 July and published 13 July 2006

London : The Stationery Office Limited £price

HL Paper 222 The Select Committee on the Merits of Statutory Instruments The Committee has the following terms of reference: (1) The Committee shall, subject to the exceptions in paragraph (2), consider— (a) every instrument (whether or not a statutory instrument), or draft of an instrument, which is laid before each House of Parliament and upon which proceedings may be, or might have been, taken in either House of Parliament under an ; (b) every proposal which is in the form of a draft of such an instrument and is laid before each House of Parliament under an Act of Parliament, with a view to determining whether or not the special attention of the House should be drawn to it on any of the grounds specified in paragraph (3). (2) The exceptions are— (a) Orders in Council, and draft Orders in Council, under paragraph 1 of the Schedule to the Northern Act 2000; (b) remedial orders, and draft remedial orders, under section 10 of the Human Rights Act 1998; (c) draft orders (including draft subordinate provisions orders) under section 1 of the Regulatory Reform Act 2001, subordinate provisions orders under that Act and proposals in the form of a draft order under that Act; (d) Measures under the Church of Assembly (Powers) Act 1919 and instruments made, and drafts of instruments to be made, under them. (3) The grounds on which an instrument, draft or proposal may be drawn to the special attention of the House are— (a) that it is politically or legally important or gives rise to issues of public policy likely to be of interest to the House; (b) that it may be inappropriate in view of changed circumstances since the enactment of the parent Act; (c) that it may inappropriately implement European Union legislation; (d) that it may imperfectly achieve its policy objectives. (4) The Committee shall also consider such other general matters relating to the effective scrutiny of the merits of statutory instruments and arising from the performance of its functions under paragraphs (1) to (3) as the Committee considers appropriate, except matters within the orders of reference of the Joint Committee on Statutory Instruments.

Current Membership The Members of the Committee are: Lord Armstrong of Ilminster Lord Filkin (Chairman) Baroness Morgan of Drefelin Lord Boston of Faversham Lord Jopling Earl of Northesk Viscount Colville of Culross Baroness Maddock Lord Tunnicliffe Viscount Eccles Lord Methuen

Registered Interests Members’ registered interests may be examined in the online Register of Lords’ Interests at www.publications.parliament.uk/pa/ld/ldreg.htm. The Register may also be inspected in the House of Lords Record Office and is available for purchase from the Stationery Office.

Publications The Committee’s Reports are published by the Stationery Office by Order of the House. All publications of the Committee are on the internet at: www.parliament.uk/parliamentary_committees/merits.cfm

Contacts for the Merits of Statutory Instruments Committee If you have any queries regarding the Committee and its work, please contact the Clerk of the Merits of Statutory Instruments Committee, Delegated Legislation Office, House of Lords, London SW1A 0PW; telephone 020-7219 8821; facsimile 020-7219 2571; email [email protected].

Forty-first Report

INSTRUMENTS REPORTED The Committee has considered the following instruments and has determined that the special attention of the House should be drawn to them on the ground specified.

Export Control (Security and Para-military Goods) Order 2006 (SI 2006/1696) Technical Assistance Control Regulations 2006 (SI 2006/1719) Summary: These instruments, providing for licensing, enforcement and penalties, implement an EC Regulation which sets up a Community regime concerning trade in goods which could be used for capital punishment, torture or other cruel, inhuman or degrading treatment or punishment. These instruments are drawn to the special attention of the House on the ground that they give rise to issues of public policy likely to be of interest to the House. 1. The Department of Trade and Industry (DTI) have made these instruments: the Export Control (Security and Para-military Goods) Order 2006 (“the 2006 Order”) under sections 1, 2, 3, 4, 5 and 7 of the Export Control Act 2002; and the Technical Assistance Control Regulations 2006 (“the 2006 Regulations”) under section 2(2) of the European Communities Act 1972. Explanatory Memoranda (EMs) and a Regulatory Impact Assessment (RIA) have also been provided. In addition, a written Ministerial statement was made on 29 June 2006 by Mr Malcolm Wicks, Minister of State, DTI.1 2. The EM to the 2006 Order states that it implements an EC Regulation2 which sets up a Community regime concerning trade in certain goods which could be used for capital punishment, torture or other cruel, inhuman or degrading treatment or punishment, by providing for licensing, enforcement and penalties, together with the removal of national controls where these overlap with goods controlled by the EC Regulation. 3. The EM to the 2006 Regulations states that they make provision in relation to controls on the acceptance of technical assistance related to goods which could be used for capital punishment, torture or inhuman or degrading treatment contained in Article 4 of the EC Regulation. 4. The EM to the 2006 Order explains that the EC Regulation establishes a list of goods whose import and export to and from the EC is banned, and a second list whose export is controlled. It states: “The UK was instrumental in persuading the Commission to bring forward proposals in this area which are consistent with UK objectives to have a European wide ban on the export of equipment used in torture to bring other EU Member States into line with

1 HC Hansard, 29 June 2006, col 21WS. 2 Council Regulation (EC) No.1236/2005

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similar ban which has been in place in the UK since 1997. However the coverage of the Regulation is wider than the previous UK prohibition.” 5. The Ministerial statement on 29 June 2006 included the following comment: “The controls introduced by the [EC] Regulation largely mirror those already in place in UK legislation. Where there is any difference, the Government have aimed when implementing the Regulation to maintain the current level of controls where it is possible to do so consistent with Community law. We have also extended UK trade controls (on trafficking and brokering) to all the goods now controlled by the Regulation including ones not previously controlled in the UK. The Regulation will introduce controls for the first time on some items such as gallows and thumbscrews. Where possible, controls on intra-EC transfers will be maintained.” 6. The statement also made it plain that the Government will work with EU partners on possible future amendments regarding matters not covered by the EC Regulation. This will be in parallel with a wider review of the export controls introduced in 2004 which the Government intend to carry out in 2007. 7. The Committee is aware that there is concern about the adequacy of controls over brokering. We have noted that, during the course of a Commons debate on 16 March 2006 on reports from the Quadripartite Committee, Mr Ian Pearson, as the then DTI Minister, stated that the Government did “not believe that a register for brokers is necessarily the most appropriate method of controlling brokering activity. Our approach is to license the export, not the individual. The UK supports the group of Government experts on brokering, which we hope will be set up as soon as possible after the UN 2006 review conference and will result in an open-ended working group with a view to establishing a fully transparent, open and legally-binding brokering instrument.”3 8. We recognise that the work of controlling the trade in equipment used for torture poses considerable challenges, not least because of the interaction between national and international efforts. In commenting in March 2005 on the proposed adoption of the EC Regulation, the EU Committee of this House stressed its support for attempts to ban trade in items that would be used for capital punishment or torture.4 While it seems clear that further progress needs to be made in international forums, not least in relation to brokering, we believe that the House will be interested to know that the Government have now brought forward these instruments to implement the EC Regulation.

3 HC Hansard, 16 March 2006, col 524WH. 4 HL EU Committee, 8th Report of Session 2004-05 (HL Paper 75).

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INSTRUMENTS NOT REPORTED The Committee has considered the instruments set out below and has determined that the special attention of the House need not be drawn to them.

Draft Instruments requiring affirmative approval Adoption and Children Act 2002 (Consequential Amendment to Statutory Pay) Order 2006 Maternity and Parental Leave etc. and the Paternity and Adoption Leave (Amendment) Regulations 2006

Instrument requiring affirmative approval SI 2006/1969 Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) Order 2006

Instruments subject to annulment SI 2006/1505 Education (Individual Pupil Information) (Prescribed Persons) (Amendment) Regulations 2006 SI 2006/1658 Home Loss Payments (Prescribed Amounts) (England) Regulations 2006 (PB) SI 2006/1663 General Dental Council (Fitness to Practise) Rules Order of Council 2006 SI 2006/1666 General Dental Council (Constitution) Order of Council 2006 SI 2006/1667 General Dental Council (Professions Complementary to Dentistry) (Dental Hygienists and Dental Therapists) Regulations Order of Council 2006 SI 2006/1668 General Dental Council (Registration Appeals) Rules Order of Council 2006 SI 2006/1670 General Dental Council (Professions Complementary to Dentistry) (Business of Dentistry) Rules Order of Council 2006 SI 2006/1671 Dentists Act 1984 (Amendment) Order 2005 Transitional Provisions Order of Council 2006 SI 2006/1674 Education (Designated Institutions) Order 2006 SI 2006/1678 Cereal Seed (England) and Fodder Plant Seed (England) (Amendment) Regulations 2006 SI 2006/1679 Measuring Instruments (Active Electrical Energy Meters) Regulations 2006 SI 2006/1681 Local Authorities Social Security Complaints (England) Regulations 2006 SI 2006/1689 Civil Procedure (Amendment) Rules 2006 SI 2006/1690 Pension Protection Fund (Pension Sharing) Regulations 2006 SI 2006/1695 Motor Vehicles (EC Type Approval) (Amendment No. 2) Regulations 2006

Instruments subject to annulment () SR 2006/258 Community Benefit Societies (Restriction on Use of Assets) Regulations (Northern Ireland) 2006

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SR 2006/265 Lands Tribunal (Salaries) Order (Northern Ireland) 2006 SR 2006/285 Planning (National Security Directions and Appointed Representatives) (Amendment) Rules (Northern Ireland) 2006