Oral Answers to Questions

Debate between Brendan O'Hara and James Cleverly

Tuesday 24th October 2023 Commons Chamber

[Brendan O’Hara (Argyll and Bute) (SNP)]

Has the Secretary of State seen any evidence, been made aware of any evidence or had reasonable grounds to believe that Israel has breached international humanitarian law in its response to the Hamas atrocities on 7 October?

[James Cleverly]

I am not in a position, and indeed it is not my role, to make an assessment of the interpretation of events that are unfolding as we speak. There will, of course, be assessments of the nature of international humanitarian law. We are trying to make sure that, in all of its actions for its legitimate self-defence, Israel abides by international law.

[Brendan O’Hara]

If it is not the Foreign Secretary’s responsibility to make that assessment, I wonder whose it is. He knows that international humanitarian law is unambiguous in saying that the collective punishment of a civilian population is illegal. Is he telling us that he is unaware, or has seen no evidence, that people have been forced from their homes and that their water, food, power and access to medicine have been cut off? Or is he actually saying that all of this has happened but the UK Government have unilaterally decided that international humanitarian law does not apply to this conflict?

[James Cleverly]

The hon. Gentleman undermines his own question by making the assertion that his interpretation of international humanitarian law is, by default, one to which I have to subscribe. His definition of what is happening is not one that I necessarily agree with.

Iran

Debate between Brendan O'Hara and James Cleverly

Thursday 6th July 2023 Commons Chamber

[James Cleverly]

My hon. Friend raises important points, and I welcome her comments on the structures we have put in place today and will be putting forward, with legislation, to the House in due course. We recognise that no one element of our response on its own will resolve all these issues, but the effect is cumulative. I assure her that we continue to work in close co-ordination with our international allies to maximise the impact of our sanctions response and to ensure that Iran recognises, as she said, that this is a response to its actions. If it does not like this response, it should change its actions.

As for sanctions on other nations, my hon. Friend will know that we do not routinely speculate on sanctions that we may bring forward, but the House and the Department have heard the point she has made. I assure her that whenever I have interactions with representatives of the Chinese Government, I raise the issues of Hong Kong, the sanctioning of British parliamentarians and our fundamental disagreement with the actions of that Government in relation to the Uyghur Muslims at every opportunity.

[Brendan O’Hara (Argyll and Bute) (SNP)]

I thank the Foreign Secretary for prior sight of his statement. Let me begin by putting on the record the Scottish National party’s broad support for this wide-ranging package of measures to be taken against the regime in Tehran. He was absolutely right when he said that the exporting of international terrorism by Iran cannot and will not be tolerated. Much of what is in the statement is what we on these Benches, and indeed this entire House, have been calling for, for some time. May I helpfully suggest that the legislation that will come before the end of the year needs to come as quickly as possible? If he could put even a rough date on when that might happen, it would be helpful.

I am pleased that action is being taken against those who are complicit in doing this brutal regime’s bidding, be they military, security or judiciary. I welcome the news that five of the most senior officials from that barbaric prison system have been sanctioned, particularly those in the notorious Evin prison, where Nazanin Zaghari- Ratcliffe was held. Such prisons have been used as a brutal tool of repression against those many brave young women who recently stood up against the regime; they have been held, tortured and murdered within that system.

Will the Foreign Secretary explain why the Islamic Revolutionary Guard Corps has been sanctioned and not proscribed? We were told six months ago by the Minister for Security, the right hon. Member for Tonbridge and Malling (Tom Tugendhat), that the IRGC was to be proscribed as a terrorist organisation. Many of us, on seeing the statement being heralded, would have thought that would have been a part of it. Will the Foreign Secretary explain the difference between a sanctioned organisation and a proscribed organisation?

Finally, in the light of Iran’s continued support for Russia’s illegal war in Ukraine, why has his Department not tightened up further the Iran-specific export controls and sanctions on dual-use companies, to stop the export of materials to Iran from the UK that can subsequently be made into weapons?

[James Cleverly]

I thank the hon. Gentleman for welcoming the measures that we have taken. He asks once again about proscription. He will have heard my earlier response that we always keep options available.

Within his question, he outlines one of the key issues, when he says that his party is calling on the UK Government to proscribe the IRGC, and goes on to ask for an explanation of the difference between proscription and sanction. I recognise that people see proscription as the most desired outcome, without necessarily understanding that much of what they suspect they want to see from what they believe will be the outcome of proscription is actually already in place, such as asset freezes and travel bans.

As I say, the suite of responses is kept constantly under review, but I can assure him that, as we have set out in the statement today, we will always take actions that we believe are in the best interests of protecting British nationals, both here and overseas, and those Iranians who have made their home in the UK.

He asks about the timetabling for legislation. The House will understand that I will need to discuss that with the Leader of the House and the business managers, but I assure him that we regard our response to Iran as a priority and will seek to bring that legislation forward with as much expediency as we are able.

Northern Ireland Protocol: First Treasury Counsel

Debate between Brendan O'Hara and James Cleverly

Thursday 9th June 2022 Commons Chamber

[Brendan O’Hara (Argyll and Bute) (SNP)]

On 16 June 2020, the then Chancellor of the Duchy of Lancaster told the House that the Government were “faithfully implementing” the withdrawal agreement, including the Northern Ireland protocol. We know there are no surprises in the withdrawal agreement because we spent long enough debating it in this place, so either it was signed in bad faith, knowing the inevitable outcome, or the Government really did not understand what they were doing. Either way, it is a very bad look for this Government.

If it is true that the Government have not sought full legal advice on the legality of their protocol plan, and if they have given themselves the green light to go rogue, does the Minister agree that breaching international law in this way will only increase the UK’s reputation for being a bad-faith actor in the international community?

[James Cleverly]

I thank the hon. Gentleman for making those points. I cannot see how they relate to the urgent question, but I say again that the Government are confident that we are acting within international law. It is a long-standing convention of this House that we do not disclose the legal advice given to the Government.

Bahraini Political Prisoners

Debate between Brendan O'Hara and James Cleverly

Thursday 13th January 2022 Commons Chamber

[The Minister for the Middle East, North Africa and North America (James Cleverly)]

I am grateful to the hon. Member for Argyll and Bute (Brendan O’Hara) for securing the debate. It gives me the opportunity to put on record an alternative—and, I suspect, more balanced—viewpoint to the one that he put forward. Nevertheless, the debate gives us all an opportunity to discuss an important issue. I also put on record my gratitude to other Members who have spoken. I will try to address some of their points, but time prevents me from dealing with them all.

As has been said by Members on both sides of the House, the UK and Bahrain are indeed allies and partners. We work closely together on defence, security, trade and regional issues. Our naval support facilities are a symbol of that enduring co-operation and the UK’s commitment to peace, security and stability in the region. The country provided the first permanent UK naval presence east of Suez since 1971, and continues to support our counter-terrorism, counter-piracy and maritime security operations, providing security not just for British trade and British nationals, but for all those who are active in the maritime region around the waters of Bahrain.

The hon. Member for Argyll and Bute was passionate in his criticism of not just Bahrain, but Her Majesty’s Government. He claimed—Hansard will correct me if I am wrong—that the UK is bankrolling Bahrain. He went on to say that we were trying to get money from Bahrain. It is not credible to hold simultaneously the positions—

[Brendan O’Hara]

At no point did I say that the UK was getting money from Bahrain. The Government are trying to secure a trade deal with Bahrain and that is why they are turning a blind eye to the most flagrant human rights abuses. It is not about getting money from Bahrain, but about turning a blind eye to human rights to secure a trade deal.

[James Cleverly]

The hon. Gentleman seems to think that he has clarified his position, but he has made it more chaotic and incoherent. If he does not think that trade deals are about securing an inward flow of money to a country, I dread to think what the trade policy of a separatist Scotland under an SNP Government would look like. However, time is tight and we need to get on. 

I also thought it was quite telling that the hon. Member for Rutherglen and Hamilton West (Margaret Ferrier) listed and dismissed the oversight bodies—I will come to some of the oversight bodies that the UK has helped to bring into existence later—rather than calling for them to be made more effective. She seemed to want to rip away the organisations that seek, with our support, to improve the legal and criminal justice system in Bahrain, and I think that is perhaps rather telling in respect of her motivations in the debate.

I have genuine respect for my shadow Minister, the hon. Member for Enfield, Southgate (Bambos Charalambous), but he accused Her Majesty’s Government of being silent on the issues of concern in Bahrain. He is relatively new in post, so I will forgive him for this, but I suggest that if he thinks we have been silent, that is more of an indication that he has perhaps not been listening. I will highlight where the UK Government have brought these things to international attention.

Defending human rights and promoting democracy around the world is a priority for Her Majesty’s Government. We want to work to support countries such as Bahrain that have demonstrated, and continue to demonstrate, a desire to adopt a more progressive and inclusive domestic set of measures, not just in their attitudes and words, but in their actions.

I have heard from a number of Members that we should disengage from working with Bahrain, including on human rights issues, and I cannot possibly disagree more strongly. They should ask themselves about the options before them: do they want Her Majesty’s Government to drive improvements in countries such as Bahrain or would they prefer Her Majesty’s Government just to stand on the sidelines and shout abuse, as they have done? If it is the former, the question we should ask ourselves is how best we influence change. We are better able to influence change through engagement, dialogue and co-operation. It is patently in the UK’s national interest to help countries such as Bahrain to benefit from our experience and expertise as they move on their journey towards essential reform.

Nazanin Zaghari-Ratcliffe

Debate between Brendan O'Hara and James Cleverly

Tuesday 3rd November 2020 Commons Chamber

[James Cleverly]

My hon. Friend will know that it is a long-standing convention that we do not discuss future proscriptions or sanctions. He makes a broader point about the international standing of Iran. I can only assume that Iran wishes to be brought back into the international fold, but, for that, its behaviour must change.

As I said, we regard the treatment of Mrs Zaghari-Ratcliffe and the other British dual national detainees to be completely unacceptable and we strongly urge the Iranian regime to do the right thing and release all British dual national detainees on humanitarian grounds so that they can return permanently to their families and loved ones.

[Brendan O'Hara (Argyll and Bute) (SNP) [V]]

Let me once again put on record the SNP’s unequivocal condemnation of the Iranian Government for the outrageous detention of Mrs Zaghari-Ratcliffe. I repeat our call for her immediate and unconditional release. Nazanin, her husband Richard and their young daughter have been treated appallingly by the regime in Tehran. If, as the Minister says, this is the Prime Minister’s top priority, I feel she will be let down again, having been let down by him while he was Foreign Secretary.

The UK Government have finally acknowledged that the outstanding debt owed to Iran is a major factor in the ongoing illegal detention of Nazanin. What discussions have been had to explore practical and legal ways to repay the debt? What advice has the Department sought and received on whether that could be done in the form of humanitarian aid supplies?

[James Cleverly]

As I have said on a number of occasions, the debt, which we recognise, is unrelated. We are seeking ways to resolve this 40-year-old debt, but I am unwilling to go into further details about that as it is an ongoing situation. I would, however, echo the hon. Member’s point that the incarceration of all British dual national detainees in Iran is unacceptable and they should be released.

Integrated Activity Fund: Transparency

Debate between Brendan O'Hara and James Cleverly

Thursday 22nd October 2020 Westminster Hall

[The Minister for the Middle East and North Africa (James Cleverly)]

It is a pleasure to serve under your chairmanship this afternoon, Mr Robertson. I am grateful to my hon. Friend the Member for Worthing West (Sir Peter Bottomley) and the hon. Members for Glasgow East (David Linden) and for Hammersmith (Andy Slaughter) for securing the debate today. I am also grateful for the contributions of other hon. Members, and I will attempt to answer as many of the points that have been raised as possible.

The UK continues to look at ways of deepening our already strong and historic relationships with Gulf partners. Our 2015 strategy sought to increase our mutual security, prosperity and regional stability interests. In making that point, I reflect on the comment of the right hon. Member for Orkney and Shetland (Mr Carmichael) about doing things with a degree of humility, as well as the importance of doing them with a degree of sensitivity. He was right to highlight that. The UK Government seek to work alongside the GCC countries and to support and encourage a positive direction of travel in reforms there. However, being a hectoring bystander is probably not the most effective way to do that.

[Brendan O'Hara]

On being a hectoring bystander, I take the Minister’s point. We were paying through the nose to be that hectoring bystander. When there is transparency and accountability, that is when it becomes possible to hector, surely.

[James Cleverly]

I thank the hon. Gentleman for that intervention and will address some of his points in my speech.

The creation of the Integrated Activity Fund in 2016 was part of the process to support that work to encourage and steer our friends in the GCC. The right hon. Member for Orkney and Shetland highlighted the fact that they are for the most part wealthy countries, and a number of Members have questioned whether there should be any expenditure at all in the region. I remind Members that diplomacy is cost-efficient, but it is not free. If we want to make a positive difference and be a force for good in the world and in the region, we must recognise that it has to be paid for, but it is completely understandable that Members and the British public want the money to be spent ethically and effectively.

--- Later in debate ---

[James Cleverly]

I understand the points that the hon. Gentleman makes, and I will attempt to address them in my speech.

As I was saying, this co-operation, which is to the benefit of the people of both the Gulf and the UK, is possible only because we are able to build strong and resilient partnerships with countries in the GCC. Of course, building trust has to be balanced with the desire for transparency—a point that various right hon. and hon. Members have made. I take issue with a comment made by the hon. Member for Argyll and Bute (Brendan O'Hara), who said that the only way to scrutinise the Government’s activity in this area is to have debates. I remind him that that is the way that Governments are meant to be scrutinised; that is how Parliament works. I am here at the Dispatch Box to be part of the scrutiny process of the Government.

[Brendan O'Hara]

I think the Minister knows the point that I was making: having this debate once every 18 months or every two years is simply not enough, and having written questions fobbed off time and again with almost identical answers is an inefficient and inadequate way to do business.

[James Cleverly]

I understand. The hon. Gentleman knows that, since becoming the Minister for the region, I am the responding Minister. If he is critical of repetitive answers, it is because the same questions keep being asked, but I will try to address promptly some of the points that were raised, if hon. Members permit.

I am very conscious that, as we have seen today, through written correspondence and more broadly, there has been criticism of the fund, and particularly of our work in Bahrain, but our policy has been to engage with Bahrain and to encourage and support its institutional reform through targeted assistance. For example, the IAF has enabled British expertise to help develop Bahrain’s independent human rights oversight bodies. I know that Members present have been critical, but the creation of those bodies is important, as is their improvement and reform. I know that the ombudsman’s office has, again, been criticised, but it must be recognised that it has investigated more than 5,000 complaints. I invite hon. Members to consider whether those investigations would have happened had we not been involved.

Bahrain: Prisoners Under Sentence of Death

Debate between Brendan O'Hara and James Cleverly

Thursday 9th July 2020 Commons Chamber

[James Cleverly]

I thank my hon. Friend; his points are very well made. One of the advantages of having more than 200 years of relationship with the Bahraini is that we can speak candidly, clearly and at the highest levels. We are more than comfortable with reiterating our opposition to the death penalty and torture, and we are happy to restate that at the highest levels within Bahraini society.

[Brendan O’Hara (Argyll and Bute) (SNP) [V]]

As the SNP spokesperson on international human rights and as chair of the all-party parliamentary group on democracy and human rights in the Gulf, I congratulate the hon. Member for Worthing West (Sir Peter Bottomley) on securing this urgent question. The Minister and his FCO colleagues have become serial correspondents on this issue recently, as recourse to the death penalty in Bahrain has become increasingly commonplace. Since 2012, the United Kingdom has been providing Bahrain with what it calls technical assistance. That technical assistance is designed to build effective and accountable institutions, strengthen the rule of law and assist with police and judicial reform. That is clearly not happening. Given that the International Rehabilitation Council for Torture Victims has declared that the investigation of this case, carried out by the Bahrain special investigation unit, was seriously flawed, failed to meet even the minimum standards of international recognition and breached the Istanbul protocol, will the Minister now urgently review that technical assistance programme to Bahrain, and will he agree to suspend it immediately if these death sentences are carried out?

[James Cleverly]

The point I made in response to the shadow Minister is that the OSJA process is robust. The process is designed to ensure that when the United Kingdom Government provide assistance to a foreign Government, it does not in any way help to facilitate human rights abuses. It is held constantly in review and we review our relationships regularly, so obviously, by definition, our relationship with Bahrain and any future technical assistance will be assessed against the criteria that we have put out. I would say, however, that a number of the oversight bodies are only in existence because of the strength of the relationship between the United Kingdom and the Government of Bahrain. Where those bodies are seeking to improve and to become more transparent and robust, we will seek to help them to do so. If we were to disengage, I do not believe that that would be conducive to improving the human rights situation in Bahrain.