Iran: Joint Comprehensive Plan of Action

Baroness Northover Excerpts

Tuesday 14th January 2020 Lords Chamber

[Lord Collins of Highbury (Lab)]

My Lords, I thank the Minister for repeating the Statement, which we welcome, as well as the action that has been taken today alongside our European partners.

The joint statement by the E3 at the weekend concluded that the JCPOA plays a key role in ensuring that Iran never develops a nuclear weapon. It also expressed regret and concern about the US withdrawal from the JCPOA and its reimposition of sanctions on Iran. It argued, quite rightly, that Iran must be obliged to return to full compliance with its side of the agreement.

However, the exchanges in the other place today focused not on the Statement but on the words of the Prime Minister this morning on BBC “Breakfast”, during which he said, “The problem with the JCPOA is basically—this is the crucial thing, this is why there is tension—is from the American perspective, it’s a flawed agreement. It expires, plus it was negotiated by President Obama.” He continued, “From their point of view, it has many, many faults. Well, if we’re going to get rid of it, let’s replace it, and let’s replace it with the Trump deal.” Therefore, are we calling for the retention and restoration of the JCPOA as stated in the E3 statement or not? Does the Minister believe that it is better to build on the JCPOA or, as Trump has done, to walk away from it?

This afternoon, the Foreign Secretary referred to the discussions in Biarritz last year in which he said that the Prime Minister, the United States and our European partners are fully open to a broader initiative that addresses not just the nuclear concerns but the broader concerns about the destabilising activity that we have seen recently. He argued that we can preserve the deal but be ambitious and, if possible, bring the United States and Tehran into a broader rapprochement, dealing not just with the nuclear issue but with the wider destabilising activities.

Surely if we want to keep the transatlantic alliance together and bring about a broader rapprochement between the US and Iran, we need to build confidence and be clear about our position. I am afraid that today the one thing that we have not seen is clarity about the Government’s position. Can the Minister tell us how such an alternative deal differs from the current JCPOA? Perhaps he can explain why parties to the original agreement would have confidence that any new one would be complied with.

Finally, there is one other aspect to this terrible situation and that is the plight of the nationals and dual nationals from our country and other countries around the world held in detention. The Foreign Secretary said that their plight is at the forefront of the Government’s mind. Can the Minister update us on the efforts and progress that have been made to secure their release? The Foreign Secretary said that Iran cannot continue its appalling behaviour in the treatment of dual nationals without being held to account. Therefore, I hope that the Minister will tell us precisely how we intend to do that.

[Baroness Northover (LD)]

My Lords, I too thank the Minister for repeating the Statement. Does he notice the marked difference in tone between that Statement and the joint statement from the E3 to which the noble Lord, Lord Collins, has referred, which is from the Foreign Ministers of France, Germany and the United Kingdom? He will doubtless say that he does not see a marked difference.

The E3 statement is clear and unequivocal but statesmanlike. It argues that we

“share fundamental common security interests, along with our European partners. One of them is upholding the nuclear non-proliferation regime, and ensuring that Iran never develops a nuclear weapon.”

That is absolutely right. It argues that the JCPOA

“plays a key role in this respect, as our Leaders have just unambiguously reaffirmed.”

It states that the JCPOA is

“a key achievement of multilateral diplomacy”.

It therefore goes on to say:

“Together, we have stated unequivocally our regret and concern at the decision by the United States to withdraw from the JCPoA and to re-impose sanctions on Iran. Since May 2018, we have worked together to preserve the agreement. The E3 have fully upheld our JCPoA commitments, including sanctions-lifting as foreseen under the terms of the agreement.”


It continues by saying:

“In addition to the lifting of all sanctions, required by our commitments under the agreement, we have worked tirelessly to support legitimate trade with Iran.”

The E3 states that, since 2018 and especially recently, we

“have worked hard to address Iran’s concerns”

and

“sought to persuade Iran to change course”

in relation to it not meeting some of its obligations. It states that the E3 is referring Iran to the dispute resolution process

“in good faith with the overarching objective of preserving the JCPoA”.

I have quoted at length so that noble Lords can see the difference between what the Minister has just read out, and the E3 statement. Does he agree that the E3 statement is reasoned and reasonable? He must do so because our Foreign Secretary agreed to it. We claim in the E3 statement that we are referring Iran to the dispute resolution mechanism in good faith because we support the JCPOA. How does that square with what we have just heard is coming from the very top of the Government: that they agree with the US that this is an inadequate deal?

Does the Minister agree with the noble Baroness, Lady Ashton, who played such a key role in the negotiation of this agreement and described it as a “boulder in the door”? How are we seeking to de-escalate tensions when at the same time, we accuse Iran in the Statement he has just read out of “nefarious” intentions? Does the E3 statement square with what the Minister has said about this being a “shell of an agreement”?

It is two and half pages into this Statement before we hear that the UK is “disappointed” that the US withdrew from the JCPOA in May 2018. We rightly seek that Iran comes back into compliance, but where is the request that the US comes back into compliance? We have indeed upheld our commitments, but does the noble Lord not accept that the US’s legal reach means that companies do not want to trade with Iran lest they end up in the US courts, and that, therefore, the bringing of Iran back into the global fold has been severely damaged by US actions? How does the Minister square that with what is being asked of Iran?

Which line do the Government support—the EU-supported JCPOA or Trump’s point of view? Meanwhile, we see convulsions in Iran over the shooting down of the Ukrainian plane and the lies that followed that. Does the Minister agree that the strong reaction in Iran is encouraging and reflects, as ever, the complexity and levels of education and information prevalent in Iranian society?

Might this not be a time to be statesmanlike and request, for example, that the Iranians take this opportunity to release dual nationals on compassionate grounds? It is highly likely that many in the Iranian population are well aware of their plight and would have sympathy with the release, for example, of Nazanin Zaghari-Ratcliffe, so that she can rejoin her husband and little daughter. As we seek to make such a case, can the noble Lord tell me precisely when the Prime Minister will meet Richard Ratcliffe to take this forward?

The Government are right to urge de-escalation. Does the Minister agree that it is vital that we work internationally and with our EU partners to assist that process, or does he think we should be moving away from this position and towards that of President Trump?

[Lord Ahmad of Wimbledon]

My Lords, I thank both the noble Lord and the noble Baroness for their comments and the general thrust of support from both Benches.

In picking up on some of the questions and issues raised, I first note that both the noble Lord and the noble Baroness mentioned the E3 statement of 12 January. It is right: we are members of the E3 and the mechanism has been invoked in partnership. It is an E3 decision. The noble Baroness felt there were nuanced differences between the Statement I read out and that of the E3. The language is of course agreed with our partners, but the general thrust of both statements is very much inclined towards ensuring a diplomatic solution and that the diplomatic channel with Iran remains firmly open.

It is with deep regret that this mechanism has been invoked. The noble Baroness spoke of the sterling work of the noble Baroness, Lady Ashton, who I know and respect greatly, and yes, she played an instrumental part when the JCPOA came to fruition. However, as the Statement outlined, we have seen in recent months—I outlined specific dates—Iran’s continuing non-compliance. On the issue of squaring off and my speaking of “nefarious activities”, it is obvious that the dispute mechanism would only have been invoked because of non-compliance. It is regrettable, but Iran has taken steps which justify the action that we have taken, not alone but in partnership with the E3.

I turn to another issue that the noble Lord raised concerning the Prime Minister’s Statement this morning, which I have just read out. The Prime Minister has been very clear and the E3 statement of 12 January—from Chancellor Merkel, President Macron and our Prime Minister—was also clear about our position and continued commitment to the JCPOA. We have had various debates in your Lordships’ House in which we have all agreed that even at its outset, the JCPOA was limited in certain respects and did not cover the full range of the challenges faced, ballistic missiles being one notable example. Nevertheless, it remains the only deal in town. It is therefore right that we invoke this mechanism, not to end the deal but, I say to both the noble Lord and the noble Baroness, to ensure that we can leave that diplomatic channel open. The mechanism was set up for that very reason.

The noble Baroness rightly spoke about de-escalating tensions. I am proud of the role that the United Kingdom has played in what has been a very challenging situation in the region and in Iran specifically, together with our partners, most notably Germany and France. In this respect, I would suggest that we are in a better place today than we were perhaps 24 or 36 hours ago. However, notwithstanding the tensions being de-escalated, when it comes to the JCPOA deal itself, it is of deep regret that the actions of Iran have led to the action we have had to take.

The noble Lord and the noble Baroness both rightly raised the issue of dual nationals. I assure all noble Lords that we will continue to take all action on all consular cases in Iran, in line with what we believe will produce the right outcomes. On 6 January, the Foreign Secretary spoke to Foreign Minister Zarif in Iran and again raised the very serious concerns that the noble Lord and the noble Baroness raised today—and rightly continue to raise—about Iran’s practice of detaining foreign and dual nationals. As noble Lords are aware, Iran does not recognise dual nationality. However, notwithstanding that point, we continue to raise these issues consistently. I cannot give the noble Baroness a specific date for any future meeting between the Prime Minister and Richard Ratcliffe, but I assure her that we continue to engage with and support all families that seek support. I last met Richard Ratcliffe in September, during the UN high-level week. We will continue to support the families and to stress upon Iran the need for their immediate release.

The noble Baroness raised the tragic shooting down of the Ukrainian jet. I am sure I speak for all noble Lords across this House when I say that first and foremost, our prayers and thoughts are with those families. In one particular instance, there was a couple who had just got married. We have not just relayed messages to our partners. The Prime Minister has spoken to President Zelensky of Ukraine and I know the Foreign Minister has engaged with all Foreign Ministers in this respect. I myself earlier this week visited Canada House to pay respects to the Canadian victims of this tragedy. It is important that we work together. We have made it clear to the Ukrainians as well as the Iranians that we stand ready to assist with the expertise that we can provide to ensure a full, transparent and complete investigation of this incident. I assure the noble Baroness that we will continue to make representations in this regard.

I hope I have answered the questions and concerns that have been raised. This is a very serious situation. The JCPOA was negotiated through great compromises that were made. It remains, as I said, the only deal on the table, and we will continue to work to retain it.

Middle East: Security Update

Baroness Northover Excerpts

Tuesday 7th January 2020 Lords Chamber

[Lord Collins of Highbury (Lab)]

My Lords, I thank the Minister for repeating the Statement. Each actor engaged in this tension has, as the Minister said, a shared ambition to avoid conflict at all costs. It is that objective which should be our immediate focus. I am pleased that the Prime Minister has sought to reflect this, and I urge the Government to reiterate the importance of restraint in all diplomatic communications.

Our focus must be on how we can restore relations in the coming weeks. In doing so, we must encourage all leaders to interact through international institutions and use these as our primary mechanism for defusing the situation.

The immediate priority should be restoring an element of calm between Iran and the US in the interests of global stability. The UK can play a part by distancing itself from President Trump’s unhelpful threats relating to the targeting of cultural sites, which of course is in breach of international law, and making it clear to Tehran that President Trump’s operation in Baghdad last week was unilateral and we had no part in planning or developing it.

The unpredictable nature of present events creates danger in itself, and the UK can help to avert this by affirming our commitment to the United Nations as a means of peace and exploring options available there to find a solution. Although this is primarily a tension involving Iran and our allies across the Atlantic, if it should escalate, it could impact on all our lives. Of course, in the interests of our own national security, the UK must remain fully engaged with our allies in NATO and in constant communication. I know that noble Lords will be aware of the announcement made yesterday by NATO Secretary-General Jens Stoltenberg relating to the suspension of training operations in Iraq. It is in the interests of all involved that such operations can restart as soon as possible, and the affirmation to this effect by Stoltenberg yesterday should be welcomed. I hope that the Minister will detail what steps are being taken by the UK and our NATO allies to enable this.

It is imperative that the UK can maintain a trusting relationship with the Government and the people of Iraq, not only for the sake of immediate global and regional stability but to enable us to ensure that the global coalition continues to defeat Daesh. The decision of the Iraqi Parliament to pass a resolution potentially leading to the departure of UK troops must be respected, and we must make it clear that we understand the sovereignty of the state of Iraq. However, in doing so, we must demonstrate the value that British troops can bring to the fight against such evil and ask the Parliament to reconsider. I heard what the Minister said about a process and our commitment to work with the Government of Iraq, but we must also make the case for our engagement and not simply demand it from the Government. We should take heed of the resolution as a warning that the UK’s presence is granted and not given, but the UK must now move to assure the Government of Iraq that continued operations are to the benefit of both partners as well as of global security. In the meantime, the Government must evaluate whether existing UK personnel are safe and take steps to protect them. I note what the Minister said about the relocation of non-essential staff, but can he explain to the House what steps the Government are taking to ensure that all personnel in Iraq are secure as possible?

The coming weeks will be crucial for global security. Amid the hyperbole, there is a vacuum for a voice to promote restraint and defend international law and institutions. It is the UK that should be that voice; it should be the UK that advocates reason and calm. I hope that the Minister can assure the House that the Government will engage with Parliament in the coming days and weeks as the situation develops. I hope that there will be a Statement following the meeting of the National Security Council and that the Minister will give the commitment that we are engaged in this process.

[Baroness Northover (LD)]

My Lords, I too thank the Minister for repeating the Statement. This is an exceptionally dangerous situation. Soleimani clearly had a terrible reputation. He had blood on his hands and had played a key part in destabilising the region. The Iranian regime has much to answer for. However, Trump’s action has destabilised a tinderbox region even further. What do the Government understand to be the legal basis—in international law, not US domestic law, as the Foreign Secretary mentioned on Sunday—for this drone strike? Are there any circumstances in which the UK considers it legal to use drones to assassinate a perceived threat? The Statement says that the US “asserted” and “is confident” of its position. That is very interesting language. Does the UK share these views, and does it have evidence for that?

The European route has been to seek to bring Iran in, with engagement through the JCPOA. Trump’s actions may have finally destroyed that. The Statement mentions rebooting the JCPOA. How is this to be done? This is the first major test of the Government’s new foreign policy, which is to remove us from the European Union and to draw closer to the US. The Statement says:

“Our challenge now … is to deal with the situation we find ourselves in.”


That does not sound like we are leading or in control.

Given that the UK is closely allied to the US in Iraq and the Gulf, what explanation has the US given for not informing the UK? Is it the case that they informed only Israel, even though other countries might also be affected? What evidence is there that the US thought through the short, medium and long-term consequences of its actions? Does the UK agree?

Does the Minister agree that this action benefits the hardliners in Iran and Iraq and that the protesters in both those countries, who were seeking a less corrupt, less sectarian way forward, will now have their voices drowned out?

Does the Minister agree that dual nationals, such as Nazanin Zaghari-Ratcliffe, are now in even more difficult circumstances? What comfort can the Government give to her and her family, as well as to our own troops and those working in the region?

The UK and the US base their operations against Daesh, and in relation to Syria, from Iraq. The Government clearly recognise the risk here. What happens if the Iraqi Government decide to implement the parliament’s decision and ask foreign forces to leave? What does this mean for the battle against Daesh?

Some 30% of the world’s oil supply goes through the Strait of Hormuz, and I note what the Statement says. However, does the Minister think that shipping can be adequately protected, as he describes? What alternative routes are there? He will have seen how targeted the attacks on Saudi Aramco were. What is the result of discussions held with the GCC countries about scaling this crisis down? Iran has significant cyber capabilities and has tested these out in attacks on western countries. Is the Minister aware of the Iranian- linked attempt on Parliament, shortly after the US attack?

President Trump has stated that the US has identified 52 sites in Iran to target in the event of Iranian retaliation. Does the UK know what they are? Is the US discussing this with us? Have we sought reassurance that no Iranian cultural sites will be targeted in any future action?

This is a very dangerous moment, when the dangers of the Trump presidency when dealing with the Middle East tinderbox, are clear for all to see. I look forward to comprehensive answers from the Minister, who I know fully understands the huge risks that we all now face.

[Lord Ahmad of Wimbledon]

My Lords, I thank the noble Lord, Lord Collins, and the noble Baroness, Lady Northover, for their comments and contributions, particularly the support and words of the noble Lord. They both know—as I am sure all noble Lords do—the importance of restraint and ensuring that we de-escalate this crisis. I reassure the noble Lord, Lord Collins, that, as was said in the Statement and made clear in statements by my right honourable friends the Secretary of State for Foreign and Commonwealth Affairs and the Secretary of State for Defence, our priority is ensuring that we call on all sides for restraint at this important time.

On ensuring that all multilateral international organisations play a role, when I was preparing to deliver the Statement I noted the statements that were made by the Secretary-Generals of NATO and the United Nations. The noble Baroness referred to the importance of our partners in the Middle East. It is important to stress the need for restraint on all sides: she will have noticed that we continue to work closely with our European partners in the E3 statement that was issued after the meeting. As I said in the Statement, the Prime Minister has spoken to various leaders around the world who are directly involved, including the President of the US and the Iraqi Prime Minister.

The noble Lord, Lord Collins, mentioned the important role that the United Kingdom has played and continues to play in bringing stability to Iraq and the wider region. When I visited Iraq 18 months or so ago, I saw the important role the UK was playing in this, as well as the importance of the various UN missions. I am assured that, thus far, the important work of UNITAD continues. This is important in ensuring that we bring to justice those who have committed heinous crimes during the Iraq conflict.

The noble Lord asked about other partners. As noble Lords will know, my right honourable friend the Foreign Secretary has travelled to Brussels and intends to travel to the US later this week. We are keeping directly engaged with the US and other key partners on these issues. He raised the issue of NATO. While it makes its own assessment, as a key player in NATO we will continue to liaise with all NATO partners.

The noble Lord, Lord Collins, raised the importance of safety and security of personnel. I have detailed, to the extent I can, some of the changes we have effected on the ground. Our embassies in Tehran and Baghdad remain open; however, we have taken all necessary steps to ensure the security of our personnel operating in those countries. He asked me to keep the House updated, and I shall seek to do so as we move forward. The important point to emphasise here—I totally agree with the noble Lord—is the importance of de-escalation and bringing down tensions.

I say to the noble Baroness, who asked about the JCPOA, that we have reiterated in our various exchanges, including with Foreign Minister Zarif, the importance of returning to the table on the JCPOA. She will be aware that, before the death of General Soleimani, the Iranians had already increased their non-co-operation: their level of co-operation on the JCPOA had decreased, but we have again stressed the importance of keeping that particular diplomatic door very much open.

The noble Baroness asked about our contacts with our European partners in a post-Brexit Britain. She will be reassured by the fact that we have shown consistency with our previous approach and have worked with E3 partners, namely Germany and France, in issuing statements, and by the fact that my right honourable friend the Foreign Secretary is visiting Brussels today. That underlines again the importance of that relationship.

The noble Baroness raised concerns, which I share, about the increased influence of hardliners in Iran, as well as the safety and security of dual nationals, which has been a cause of understandable concern in your Lordships’ House. I share her concerns: that is why, to quote the noble Lord, Lord Collins, we are seeking to play a primary and key role in ensuring de-escalation at this crucial stage.

The noble Baroness specifically asked about security for our shipping. I assure her that we have assets in place. I gave a sense or a flavour of the number of assets we have by which we seek to continue to protect the Strait of Hormuz; of course, we are keeping that situation under review.

The issue of cultural sites was raised by both the noble Lord and the noble Baroness. I think we have had a clarification from the US Defense Secretary on this issue, and I am sure that that statement provides reassurance to noble Lords in that respect.

On international co-operation with Arab partners, I again stress that we have seen statements from various Arab leaders, including organisations within the Arab world, which reflect the importance of de-escalation and bringing greater calm to the region.

If there are other specific questions which I have not answered, I will pick up on them and respond to the noble Baroness and the noble Lord in writing.