(10 years, 11 months ago)
Commons ChamberLet me deal first with the right hon. Gentleman’s questions about Syria. We do not have a date for the inspectors’ report, but we are pushing for an early report. I think that that would be useful. We should not overestimate what the inspectors can do, because they are not there to apportion blame but simply to add to the picture of what we already know, which is that a war crime took place.
The right hon. Gentleman asked about the prospects of further humanitarian aid between now and the United Nations General Assembly meeting. I think that they are good. The European Union, the United States and others are all seeking to increase their contributions, in the knowledge that at present we are fulfilling only—I think—44% of what the UN has said is necessary. Britain wanted to get the ball rolling, and that is why we ensured that some money was pledged at the meeting in order to get things going in time for the UN General Assembly meeting. As for access to humanitarian aid, if it is necessary to sponsor a UN Security Council resolution, we can consider that in the weeks ahead.
The right hon. Gentleman is absolutely right about the neighbouring countries: the pressure is immense. The increase in, for example, the Lebanese population is the equivalent of 15 million people coming here to the UK. We are providing aid and support; for instance, we are providing support for the Lebanese armed forces and sending to Jordan specific pieces of equipment that it has requested.
The right hon. Gentleman asked what was discussed about Geneva II at the G20. In the margins of the dinner that took place, there was a general debate about Syria. Obviously there is enthusiasm for getting the process going, and I think it encouraging that in spite of the different positions that countries took on the immediate chemical weapons crisis, the support for a Geneva process is very strong. He also asked about the opposition. They are, of course, in favour of political transition and the steps that are necessary.
The right hon. Gentleman asked again about the issue of a contact group, neighbouring countries and the role of, I suspect, Iran. Let me remind the House that Iran has not yet signed up to the principles in Geneva I. I think it is important for people to remember that.
The right hon. Gentleman asked about the economy, and specifically about transparency. He asked about the follow-up from the G8 and the G20. All the G8 countries agreed to have action plans on beneficial ownership in place, and they are all doing that. The G20 has now endorsed the overall approach on transparency, an issue that the G20 had never really considered properly before. We will be consulting shortly on whether to make a register of beneficial ownership public.
The right hon. Gentleman went on to make a few remarks about the economy. He said that the recovery that was taking place in the UK was simply for the few. I would say: what about the 1.3 million private sector jobs? What about the fact that there are almost a million extra people in work? What about all the small businesses that are being set up? What about all those people who are in apprenticeships? The fact is that under this Government, growth is up, exports are up and manufacturing is up. What is down and out is his economic policy and reputation.
Does my right hon. Friend agree that quite the most harrowing aspect of the humanitarian crisis is the impact on children? When he goes to the General Assembly of the United Nations in a few weeks’ time, will he put the alleviation of the suffering of the children of Syria at the top of his priorities?
My right hon. and learned Friend is absolutely right to raise this point. When you visit one of the refugee camps, as I have, in Jordan and see the children being taught in enormous temporary classrooms under canvas in tents, you realise that their whole childhood, in some cases, will be spent in these camps. We have to alleviate their suffering and we have to help them, but above all we need a political solution as well.
(10 years, 12 months ago)
Commons ChamberIt is no secret that, notwithstanding the horrors of Damascus, I have reservations about the use of military action in the circumstances with which we are engaged. In particular, I have reservations relating to the absence of a proper role for the United Nations. However, as the Government motion now sets out, there is a role for the inspectors, there is a duty imposed on the Secretary-General, and there is an endorsement to use every effort to secure a United Nations Security Council resolution under chapter VII of its charter. In addition, and I will come back to this in a moment, the motion provides that for all of us—supporters, sceptics or opponents—there will be an opportunity to pass judgment on any question of British involvement at a further stage when, not surprisingly perhaps, rather more information may be available.
Does my right hon. and learned Friend agree that for some of us at least, tonight’s vote will not predetermine that we are satisfied at the next stage that there is a coherent plan that does not inflict too much damage on neighbouring countries?
I think my right hon. Friend is referring, by way of inference, to the suggestion that there has been briefing that those who voted for the Government motion would be endorsing in-principle military action. Most of us have been around here long enough to know how often briefing is a long way from the truth. Anyone who is in any doubt about that should read the precise terms of the Government’s motion.
The effort to achieve a resolution under chapter VII is a vital component of the doctrine of the responsibility to protect, because if no such resolution is achieved—here, I agree with the Attorney-General—we turn to what was once called humanitarian intervention and now is called responsibility to protect. It is a fundamental of that doctrine that every possible political and diplomatic alternative will have been explored and found not to be capable.
I want to applaud, if I may, Mr Speaker, the House for taking the unusual step—in my view wholly justified—of publishing the Attorney-General’s advice. Those of us with long memories will remember that 10 years ago we were not favoured with anything like as much detail. It is also worth pointing out that there was no second vote 10 years ago. Within 24 hours of the motion being passed by the House endorsing the Labour Government’s proposals, the Tomahawk cruise missiles began to rain down on Baghdad.
It respectfully seems to me that we need to examine the matter not in response to the emotion that it undoubtedly engenders in all of us. Emotion is no substitute for judgment in matters of this kind. We must look beyond what might be achieved in the short term, to the medium term and the long term.
The right hon. and learned Gentleman spoke a moment ago of the responsibility to protect. One of the criteria is the prospect of success. Is he satisfied with the objectives of this action and the prospect of success in those objectives?
We cannot arrive at a conclusion on the prospect of success until we have more information than is currently available. The hon. Gentleman is right. I should have mentioned that the prospect of success is a part of that evolving doctrine. We should also remember that the doctrine is not universally accepted, and that the mere use of it is, on occasion, regarded as highly controversial. I rather fancy that at the G20 summit in St Petersburg next week the doctrine of the responsibility to protect may not get considerable support.
My questions, which I do not expect to be answered but I hope will lie on the table, are these. Will military action bring the Geneva conference any closer? Is it more likely to produce the political settlement that everyone believes is necessary? Although a strategic objective is set out, I hope I might be forgiven for thinking that military action is more of a tactic than a strategic imperative. That is why we must give consideration to the endgame, to use a colloquialism, and in particular to the whole issue of regional stability—what the consequences might be in an already very unstable region.
What would happen were the next horror to be carried out by some conventional means? What would our response be in the light of the fact that, for two years or so, a number of horrors have been brought about by the use of conventional weapons? My concern is that if we open the gate once, it will be difficult to close it.
I have read the motion and Opposition amendment and I believe that both are motivated by the same determination to do what is right and to see that the House endorses everything that is right. However, I have to confess that, even following the most narrow textual analysis, I can find no difference of substance or principle anywhere in the two offerings. That is why I shall support the Government in the Lobby this evening. I very much hope that the Opposition will, too.
(11 years, 1 month ago)
Commons ChamberFirst of all, we look at all the equipment we have and at individual Afghan requests to see whether it is something that we can make available. The right hon. Gentleman is absolutely right to say that the capabilities of these forces have increased. As he knows, in talking to our forces out in Afghanistan, it is striking to find out that we are talking to people on their second or third tour, who have seen a radical improvement in what is available. One of the challenges is making sure that the Afghan army has all the enablers and all the assistance it needs—and the Americans are specifically looking at that problem. What has been noticeable about the recent attacks on Kabul is that they were dealt with entirely by the Afghan national security forces—and dealt with very effectively.
May I commend the Prime Minister for his decision to ensure that a proper memorial will be created at the National Memorial Arboretum—a decision that I am sure the whole House would welcome?
In the course of his discussions with the new Prime Minister of Pakistan, was there any consideration of the problems caused by the border tribal areas, which have been used in the past as a safe refuge for those elements of the Taliban determined to thwart the efforts of NATO and, indeed, to bring down the Karzai Government? So long as the borders remain porous and these particular areas provide safe havens, it will be very difficult indeed to achieve the objectives that our Prime Minister and the Prime Minister of Pakistan obviously agreed upon.
I am grateful to my right hon. and learned Friend for his question. The memorial at the National Memorial Arboretum is the right move and I think it is important that some elements of the very moving memorial at Camp Bastion are transferred to the arboretum so that there is real continuity.
The problem of the tribal areas in Pakistan, this problem has dogged the country for decades. I did discuss the issue with both the Afghan President and the Pakistan Prime Minister. The simple point is this: it is in both countries’ interests that the danger of Talibanisation is dealt with. It is a threat to Pakistan that there are Pakistan Taliban in Afghanistan, and it is a threat to Afghanistan that there are Taliban in Pakistan. Both countries need to understand their shared interest in dealing with both these threats. They need to recognise the importance of dealing with them together, so that we have a safe, stable and democratic Pakistan and a safe, stable and democratic Afghanistan.
(11 years, 2 months ago)
Commons ChamberIs my right hon. Friend aware that there are persistent reports that, in the course of the discussions on Syria, Russia made it clear that it would no longer insist that any final settlement should include a role for President Assad? If that is true, it represents a substantial step forward, if not a breakthrough, and merely emphasises the importance of continuing dialogue and discussion with Russia, which has such an important part to play in the solution we all seek.
I am grateful to my right hon. and learned Friend for his question. Obviously, it is important that the Russians are allowed to speak for themselves about what they did and did not say, and what they agree and do not agree with. I found in the discussions that the reason we were able to go ahead with the seven points I laid out at the press conference yesterday was that the conversations were constructive—we did not dwell on the areas where we have disagreed and continue to disagree; we dwelled on those areas where we can agree. I agree with what he says about engaging with President Putin. That is why, in addition to inviting President Putin here before the G8, I flew to Sochi this year—I was the first Prime Minister to visit Russia for many years.
(11 years, 2 months ago)
Commons ChamberThe right hon. Gentleman is right that the role of Iran is something that should be discussed; the point I would make is that Iran is currently playing a role, using its proxies and helping to massacre Syrian civilians. Clearly in the end what is needed more than anything else—more than the engagement of any regional player or indeed any superpower—is for the Syrian people themselves to see a transitional Government in whom they can have confidence. Clearly that has to involve elements of the opposition; it has to involve some elements of the regime, too. That is what a transition would involve.
There was much in what my right hon. Friend said with which I would agree, but in relation to the supposed merits of lifting the embargo and supplying arms to Syria, I regret that I remain increasingly unconvinced. There are many questions to be asked, but perhaps the most fundamental question is this: what evidence is there that Assad would change his course so long as he enjoys the uninhibited and unconditional support of Russia, and the supply of weapons that goes with that?
I very much respect my right hon. and learned Friend and his views. The direct answer to his question is that Assad is most likely to change his view and accept a transition if he believes that he cannot win militarily. If we help to tip the balance in that way, there is a greater chance of political transition succeeding. If we don’t, we won’t.
(11 years, 5 months ago)
Commons ChamberWell, all right. I stand corrected by the right hon. Gentleman, but if he is suggesting that we go down the route that the US has been going down over the past few years with the invasion of Iraq and everything that has gone with it, that is up to him. It is not the road that I want to go down.
I have received a huge number of e-mails and letters from constituents who argue that although our legal system is not flawless, the new measures are an attack on its founding principles. Any Liberal Democrat Ministers and MPs who back part 2 of the Bill do not have the support of their party members who voted at the party conference last September to oppose secret courts. I therefore remind Liberal Democrat colleagues that party members have reaffirmed their opposition to secret courts as well as their commitment to the rule of law, open justice and holding the Government to account, the right to a fair trial and the protection of civil liberties. They have called on Liberal Democrat MPs to vote against part 2 of the Bill, and I hope that colleagues will bear that in mind when we come to vote.
I will make a little more progress.
The TUC has taken a similar line and passed a motion that condemns secret courts as posing a significant threat to public security and accountability. Such widespread opposition stems not just from principles, because there is a complete lack of evidence to back up the proposals in part 2 of the Bill. The Bill is about security yet the Government do not claim that closed material procedures would do anything to promote national security. Indeed, they accept that the existing process of public interest immunity already provides effective safeguards for that process.
The Government have been unable to demonstrate that the courts cannot resolve issues fairly because they lack recourse to secret courts. They refer to 20 or 30 cases that they say require closed material procedures, yet they have refused so far to allow any proper access to the details of those cases so that their claims can be evaluated for accuracy, for example by the special advocates. As the Joint Committee on Human Rights stated, the Government have not demonstrated with evidence that there is a real and practical problem. Until they can prove that public interest immunity is not sufficient, there can be no justification for the introduction of closed material procedures. Even then we would need guarantees that the basic rights and principles of justice are not being undermined.
There have been attempts to amend part 2 of the Bill; indeed, I have tabled a new clause to limit the circumstances in which closed material procedures can be used. Let me be clear, however, that that is a last resort and the best option by far remains to scrap part 2 of the Bill. The amendments that have been tabled by the House of Lords only slightly modify the process by which a secret court is imposed on a case. Even if closed material procedures are considered a last resort after public interest immunity is exhausted, simply having such a measure on the statute book is likely to lead to its increased use.
Hon. Members will be aware that the Government are seeking to undo many of the changes made by the House of Lords, claiming to have listened to widespread and grave concerns about the Bill. They effectively want to reinsert the original test for triggering closed material procedures, thereby scrapping the requirement that such procedures are a last resort once a judge has decided that a fair determination of proceedings is not possible any other way. That removes the only real bar on secret courts becoming routine in civil cases, and negates the move to introduce judicial discretion. In common with the Government’s recent amendments that require the Secretary of State to report annually to Parliament on closed material procedures and keep their use under independent review, such measures are frankly just tweaks that leave intact the core of the Bill. Secret courts will still be available across the civil justice system, and will still be fundamentally unfair. The only way to safeguard Britain’s system of fair justice is by removing from the Bill clauses 6 to 11 that provide for secret courts.
Closed material procedures would allow Ministers to exclude their opponents from the courtroom, along with the press and the public, and provide a one-sided case to the judge, free of effective challenge.
I do not challenge the hon. Lady’s sincerity for a moment, but I hope she will accept that when it comes to voting on matters of such important principle, every Liberal Democrat MP is obliged to use his or her judgment. She speaks as if Ministers were in a position to resolve these matters. Ministers are entitled, through barristers or advocates, to make application to a court on which the judge has to decide. Ministers may wish to bring about such an objective, but unless a judge is satisfied that that is in the interests of national security, they will not be successful.
I thank the right hon. and learned Gentleman for that intervention but I am afraid that that response does not give me the comfort it obviously gives him.
In conclusion let me say a few words about new clause 2. Although I judge that the House is not with me on amendments 1 to 7, new clause 2—which will be taken as part of the same group—looks at how we can try to restrict the number of cases where CMPs are used. Proposed subsection (1) concerns circumstances in which the liberty of the individual is at stake. Ministers have confirmed recently to the Bill Committee that CMPs could be used in habeas corpus cases where an individual seeks to challenge their detention by the state. Although such cases may not be common, the current Bill would leave us in a position whereby an individual losing their habeas corpus claim could, as a result of a CMP, remain imprisoned without knowing why. Subsection (1) of new clause 2 seeks to rule out such a possibility by ensuring that a CMP will not be available
“where the outcome could result in, contribute to, or impede efforts to challenge the imprisonment; or continued detention of a party, whether in the UK or overseas.”
Subsection (2)(a) of new clause 2 aims to ensure that a CMP cannot be used by the Government to cover up some of the most serious international crimes—for example where genocide or torture are at issue. That is fairly straightforward, as there is clear public interest in those proceedings taking place in as open and even-handed way as possible, and the use of a CMP would be entirely at odds with that aim.
Finally, subsection (2)(b) aims to ensure that material will not be withheld in a CMP where doing so may result in the wrongful imprisonment or death of an individual, whether in the UK or overseas. For example, that could apply where an individual potentially faces capital charges on the basis of “evidence” extracted under torture, as with Binyam Mohamed.
I will now conclude my speech, but let me say that an awful lot of people are watching the House tonight. Although I accept that my words are the minority view in this Chamber, huge numbers of people are deeply concerned about the direction in which closed material proceedings would take us. I hope that hon. Members will be mindful of that when the matter is put to a vote.
I am conscious of the time, and I want to make a few more points, if my hon. Friend will forgive me.
This point goes to the heart of what Lord Woolf, the former Lord Chief Justice, has said. The plaintiffs themselves will sometimes benefit from the arrangements, as well as the Government who are defending the case. I can think of current cases, some of which are controversial, in which information given to the judge about the activities of the intelligence agencies some years ago could well help the plaintiff as well as the Government.
Furthermore, if it was suggested that a particular closed material procedure had been drawn too widely to include information that did not need to be protected, the benefit of the special advocate system is that if the advocate was doing their job properly, they would raise the matter with the judge. If the judge was satisfied that the breadth of the closed material procedure needed to be reduced, the evidence in question could be heard in open court.
My right hon. and learned Friend makes a powerful point regarding the interests of the plaintiff. If a PII certificate were to be utilised in such circumstances, the plaintiff would have no chance of taking advantage of any conduct on the part of the intelligence agencies and others that could result in his action being successful.
My right hon. and learned Friend is right.
That leads me to my final point, which goes to the heart of the Opposition’s amendment. It concerns the so-called Wiley balancing act, in which a judgment must be made on whether national security is more important than the administration of justice. Of course that is relevant for PII, because that is the absolute choice that has to be made in those circumstances, but the whole point of closed material procedures—unlike PII—is that the evidence will be available to the judge. The administration of justice cannot but be helped if the judge has access to all the relevant information. So the Wiley balancing act is simply not relevant in such cases. The judge must be satisfied that there is a risk to national security, and he will have the last word on that. At that point, a closed material procedure will be granted, and that is the least bad option. We do not argue that CMPs are a good option, that they are desirable or that they are ideal. They are far from that, but they are better than the alternatives and, sometimes in this imperfect world, this is the only responsible way to behave.
(11 years, 7 months ago)
Commons ChamberThe hon. Lady speaks for everyone in raising the case of those two men from Liverpool who lost their lives. They were working abroad, trying to earn a good living for themselves and their families. There are many British people who do that in difficult and dangerous parts of the world, and I believe that it is part of the British Government’s job to work with foreign Governments to make sure that we defend the interests of people such as those she mentions. That is why we are getting in contact with the large businesses and thickening our contacts with all those Governments. I think that it is vital that we do everything we can with those Governments, who have to have the primary responsibility, to keep our people safe.
My right hon. Friend’s agenda lacks nothing in ambition, but ambition needs to be supported by adequate resources. Can we be satisfied, in this period of financial austerity, that the intelligence services and the armed services will have adequate financial resources to meet the substantial elements that he has wished upon them?
My right hon. and learned Friend makes a very good point. Of course, there are always challenges over the level of resources, even in times when money is plentiful—and it is not plentiful today. I would say, though, that our defence budget, for instance, is stable in cash terms at £33 billion. We have tried as a Government—perhaps we need to look again and go even further—to focus on those threats to our security that we face today: an investment in key intelligence capabilities and greater investment in special forces, cyber-security and the things that will have the maximum impact in keeping our people safe. We therefore have to make changes in other parts of our armed services to make possible this vital investment for the future.
(11 years, 8 months ago)
Commons ChamberI beg to move, That the Bill be now read a Second time.
Since we first consulted on the Bill and during its passage through the House of Lords, it has aroused quite a bit of passion and debate among those interested in the subject. The first aim of my speech will be to try to satisfy the House that most of the passion and debate turns on the very important detail of the way in which the Bill’s processes will work. No doubt, the detail will be considered at great length in Committee rather than today. I believe that I can demonstrate that there is no real division on principle between the Government and most of the people who have debated this matter. The Government are just as committed as any other Member of either House of Parliament to the principles of justice being done in civil cases, the rule of law and the accountability of our intelligence agencies both to the courts and to Parliament. I believe that accountability will be improved by the Bill.
Our intelligence services comprise brave men and women, and we all realise they do essential work in helping to protect us against the great threats to this country. We also insist that they should respect and follow our values when carrying out their work, and they are properly accountable to the law and Parliament. I think the best people in the intelligence agencies are anxious to be able to demonstrate that, to protect their reputation and taxpayers’ money for claims made against them.
Before my right hon. and learned Friend embarks on a more detailed consideration, I wonder whether he understands that the amendments made in the House of Lords have been regarded by many people as being entirely favourable and reasonable. Will he confirm whether Her Majesty’s Government will accept those amendments and will remain open to any further amendments, particularly those with the purpose of extending the discretion of the courts?
I shall come on to the detail a little later in my speech and I want to start, if I may, by reiterating the case in principle. I will deal with the amendments later, and we will accept some of them, but express our doubts about others. We will come back with a detailed response in Committee. I think the people who moved those amendments were pushing at an open door in terms of judicial discretion, but they were desperately anxious to dot every i and cross every t. In some cases, we are going to have to consider whether they put the right dots on the right i’s and crossed the right t’s. I shall deal with that. I quite understand that the Joint Committee on Human Rights came forward with recommendations that commanded wide support in the House of Lords—and, no doubt, in this House, too—but Ministers need to address them properly. If we wish to come back to some of them, we will explain in detail the reasons why.
Let me get under way. It was about a year ago when the House—
(11 years, 8 months ago)
Commons ChamberThe right hon. Gentleman makes exactly the point that I was trying to make a moment ago. We cannot try to draw an equivalence between a state and a terrorist organisation. We have to have the highest standards, and it is right to ask that we live up to them.
On the right hon. Gentleman’s specific point about what others should do, it is important in our country that the prosecuting authorities and the police are independent and go where the evidence takes them. I am sure they will want to study the report carefully, because it has new information and new facts and makes some uncomfortable points about what parts of the RUC and other organisations did.
May I support the observation that the right hon. Member for Torfaen (Paul Murphy) made about the need to consider whether prosecution is justified, which is a matter not for the Prime Minister but for the Attorney-General? In dealing with that, I have no doubt that the Attorney-General will show the same independence of mind and integrity that Sir Patrick Mayhew demonstrated in this case.
In the more than 25 years for which I have been a Member of this House, I cannot remember a statement from the Dispatch Box that has filled me with more revulsion and horror than the Prime Minister’s outlining of the events that happened. The violation of the Finucane family and the horror of the assassination were compounded by what we now know where deliberate attempts at obfuscation. If the report does anything, it surely points out the crucial fact that when dealing with terrorism, we must not descend to the terrorists’ level, because by doing so we lose the argument.
My right hon. and learned Friend puts the point incredibly clearly. There are some very shocking things in this report. What perhaps shocked me the most are some of the things that happened after the murder took place. The fact that someone who was effectively one of those responsible for the murder was then hired as an agent is truly shocking. The fact that the Army—it says here—did not co-operate properly with the Stevens inquiry, and effectively lied to it, is shocking. That is why it is so important that we lay this bare. The point my right hon. and learned Friend makes about never descending to that level is that whatever battle we are fighting against terror—and we are fighting battles against terror all the time—we have to maintain that we are at all times obeying the rule of law.
(11 years, 9 months ago)
Commons ChamberThe right hon. Gentleman makes an important point. Frontex does good work and we have supported its budget, but like any Government, what we are asking the European Commission and European Council to do is attempt to do more for less. They have to look across each budget area, work out where the pressures are and, obviously, direct resources in that way, but they also have to try to find savings elsewhere, as every Department of Government has had to do.
As someone who supported my right hon. Friend in the Lobby a fortnight ago out of conviction, may I offer my congratulations to him on the alliances that he appears to have formed in Europe? Is that not an eloquent illustration of the principle that engagement is always more effective than detachment?
I am very grateful for my right hon. and learned Friend’s support. It has been important to have these alliances on behalf of countries that want a sensible settlement. We now have to work very hard to keep that alliance together so that we can land a deal that is in the interests of British taxpayers and, I would argue, taxpayers across Europe.