Detainee Issues

Debate between Lord Collins of Highbury and Baroness Ludford

Thursday 18th July 2019 Lords Chamber

[Lord Collins of Highbury (Lab)]

My Lords, I thank the Minister for repeating the Statement. It is extremely disappointing that the Government failed to implement the Intelligence and Security Committee’s recommendations to commission an independent and judge-led inquiry, especially in the light of the comments by the UN Committee Against Torture, which has called on the UK to,

“establish without further delay an inquiry on alleged acts of torture and other ill-treatment of detainees held overseas … by, at the instigation of or with the consent or acquiescence of British officials”.

We must remember that at the heart of the historical allegations of torture and rendition lie the stories of dozens of victims of this abuse, many of them innocent of any crime.

In the other place, David Lidington said that the Government did listen to the ISC and that the new principles reflected in many detailed aspects the precise recommendations of the committee in its two reports of 2018. So, if the Government are so confident that all the lessons of the past have been learned and that the abuses of the past cannot be repeated, what exactly do they have to fear by allowing a judge to look into this issue to examine all the evidence, interview all the witnesses and look at the new procedures and rules so that he or she can tell the Government whether they are right?

I turn to the new guidelines published today. I welcome the fact that they have been published, but I am concerned that the input of civil society might not have been fully considered. On this point, David Lidington said that Sir Adrian, in the course of his review, took great care to consult civil society. He convened meetings where representatives of civil society could make their representations to him and put forward their ideas. Is the Minister willing to say this afternoon exactly what Sir Adrian chose not to reflect from particular civil society organisations in his final report and recommendations? This process needs full transparency and open examination of all the issues, and that is why it is so important to have a full inquiry.

[Baroness Ludford (LD)]

My Lords, I thank the Minister for repeating the Statement. However welcome it is that the Government have accepted the Investigatory Powers Commissioner’s recommendations to replace the current consolidated guidance with new principles, the refusal to re-establish a judge-led inquiry, which was promised nearly a decade ago, is deplorable. The Intelligence and Security Committee, under the chairmanship of Dominic Grieve, did its best in the reports it produced a year ago, but the Prime Minister denied it access to relevant witnesses such that it was unable to conduct an authoritative inquiry and produce a report, so it had to stop.

However, the ISC estimated, on the basis of the research it was able to do, that UK personnel had been involved in 2,000 to 3,000 detainee interviews in the period 2002 to 2004. It found 166 incidents recorded, and there were huge gaps in the records, where UK personnel either witnessed detainee mistreatment, were told of it by the detainees themselves or were told of it by foreign agencies. In addition, the ISC found 198 recorded cases where UK personnel received intelligence that they knew or should have suspected was tainted as it resulted from detainee mistreatment. That makes getting on for 400 cases, some of which would surely have involved torture or illegal behaviour by British officials. Since the ISC found a lot of gaps in those records, it could be many more. Then there is complicity in illegal rendition, secret imprisonment and disappearance. It is not acceptable to try to bury this sorry, disgraceful history. There needs to be transparency and accountability in establishing the truth, not a continued cover-up. Anything less may well breach the requirements of the European Convention on Human Rights.

Like this Statement, today’s Written Statement from the Prime Minister on the new principles asserts that the Government’s policy is not to,

“participate in, solicit, encourage or condone the use of torture or cruel, inhuman or degrading treatment”.

It would be extraordinary if it were otherwise. However, there still seems to be wriggle room for Ministers to authorise co-operation with torture and inhuman treatment, in breach of international law. Can the Minister assure us that the Ministry of Defence document revealed in May—it made clear that Ministers permitted themselves to share intelligence with allies even if there was a serious risk of torture—is now redundant and has been withdrawn, and that the principles would ban both Ministers and personnel from taking such a real risk?

On that note, can the Minister assure us that the extradited Hashem Abedi, the brother of the perpetrator of the appalling Manchester Arena bombing, was not mistreated or tortured in Libya?

The suspicion must exist that this brushing under the carpet is to please President Trump at a time when the likely next Prime Minister is keen to be chummy with him. That would be morally shameful. The ISC reported MI6 as saying that, post 9/11, there was,

“an unconditional reflex to support the United States, which … came from the political centre”—

namely, No. 10. The ISC concluded that,

“the UK saw itself as the poor relation to the US, and was distinctly uncomfortable at the prospect of complaining to its host”.

I am afraid that, once again, this sounds all too familiar.

In 2010, the coalition Government resolved to establish the truth through the powers of a judge. It is shocking that this Conservative-only Government have abandoned that attempt.

European Union (Definition of Treaties) (Strategic Partnership Agreement) (Canada) Order 2018

Debate between Lord Collins of Highbury and Baroness Ludford

Wednesday 18th July 2018 Grand Committee

[Baroness Ludford]

I have one other point. Paragraph 7(4) of the Explanatory Memorandum refers to how the Government notified the Commons of their decision to opt in to Article 18(2) of the Canada agreement, which relates to judicial co-operation in civil and commercial matters. In the Government’s view, this falls within Title V of Part III of the TFEU, and they claim that the UK has an option to choose whether or not to participate.

If memory serves, there is an area of dispute between the UK Government and the Commission about whether or not the JHA opt-in applies in international instruments. Has the European Commission accepted that the UK can choose whether or not to participate? I am not up to date with where that disagreement got to. I seem to remember that the view in Brussels was that, as this was an international agreement, it was not covered by the opt-in arrangements for justice and home affairs, which are about internal EU arrangements. Has that argument been resolved, and has the European Commission, and perhaps the Council, accepted that the UK can choose whether or not to participate—or is their line that you lump it or leave it: you do not have an option on that aspect of the Canada Strategic Partnership Agreement?

[Lord Collins of Highbury (Lab)]

My Lords, I thank the Minister for introducing these orders, which we support and welcome. One advantage of having this House debate these issues after the House of Commons is that I have had the opportunity to read the response of the Minister, Sir Alan Duncan, in Hansard. I will, therefore, raise questions that he refused to answer—because the Commons have much stricter rules than the Lords. They have a chair conducting these matters, who can rule things out.

These agreements cover a broad range of issues, including security and foreign affairs. Sir Alan Duncan said in the other place that that is nothing to do with these statutory instruments, but what assessment are the Government making of the effect these agreements might have on any future or existing bilateral relationships that we have? If, after Brexit, we have relationships with European countries, these important, long-term allies of this country—Canada, Australia and New Zealand—will have these agreements. I am keen to understand, especially since the Prime Minister’s Munich statement, how the Government see these future relationships, bearing in mind that there are international obligations under these treaties that might impact on any bilateral relationships we will have. I am taking the liberty of asking that question so we can better understand the Government’s approach.

My other question relates to one that has already been asked. I am not certain why these agreements have a different status. Why is it a “strategic partnership” with Canada, a “partnership agreement” for relations and co-operation with New Zealand and a “framework agreement” with Australia? Perhaps the noble Baroness can explain that in better detail and the stages to it.

Sir Alan Duncan said in the other place that these agreements will likely not apply until we have left the European Union, but stressed that it was important that we pass these regardless as part of our commitment to be a supportive EU member state. Obviously, we have obligations right up to the date that we might leave. As part of that commitment, I hope the Minister can tell us what our current role is, as part of the EU, in the EU’s preparations for the implementation of these agreements. As she said, we have been a key player in ensuring that they are negotiated and in place. The fact that we have declared that we are leaving does not mean that our obligations to push these matters forward stop. I hope the Minister can respond to that comment.

Another thing that the noble Baroness, Lady Ludford, referred to is the opportunity of the transition period. Sir Alan mentioned that we would have left before these come in, but they might come in during the transitional period. Will there be no opportunity simply to roll over these agreements? They might be a precursor to trade, but one thing people clearly will be looking at is the fact that Australia-EU bilateral trade is worth approximately £40 billion, compared with the £13 billion of UK-Australia bilateral trade. It is important to understand where Australia’s priorities will be post Brexit. How do we address that in these agreements?

I had a number of other specific questions, but they have been partly answered already in the other place. I will leave it at that for now.

European Union (Definition of Treaties) (Partnership and Cooperation Agreement) (Turkmenistan) Order 2017

Debate between Lord Collins of Highbury and Baroness Ludford

Wednesday 18th July 2018 Grand Committee

[Baroness Ludford (LD)]

My Lords, colleagues have spoken much more knowledgeably than I possibly could on Kazakhstan and Armenia, so I will not attempt to repeat what they have said. Perhaps I may add a word about Armenia. It is clear that Armenia is an important country as regards EU relationships in the region. Could the noble Baroness tell us whether this agreement would have any influence on other efforts being made to try to resolve what is often called the “frozen conflict” between Armenia and Azerbaijan over Nagorno-Karabakh? It may be that every bit helps. If she has any knowledge of that it would be useful.

I will say something about Turkmenistan. One can understand why this agreement has not been enforced 20 years after it was signed and that the delay in ratification arises out of concerns about Turkmenistan’s human rights record. Perhaps I may quote from an article which is about 18 months old by the Carnegie Endowment for International Peace:

“Twenty-five years after the breakup of the Soviet Union, Turkmenistan holds the title of the most authoritarian of all former Soviet states … a political system based on repression and hydrocarbon wealth … an internal security apparatus, an omnipresent propaganda machine … Freedom of speech, the press, association, and religion remain curtailed in Turkmenistan to such an extent that Freedom House puts the country in the same category of dictatorships as North Korea, Sudan, and Syria, at the very bottom of its 2016 Freedom in the World index. The ability of Turkmen to travel overseas is restricted, and the country remains largely closed off to most foreigners, making it the most isolated of all former Soviet states”.


There is quite a challenge in having any meaningful influence on changes in Turkmenistan. I realise that there is always a dilemma with countries which come from a very poor human rights and democracy background. At what point do you say that things are moving enough to make it worth while to have an agreement with the EU, which of course will be taken as some kind of status, and when do you say it is of no use and it will just legitimise further a regime which should not be legitimised?

I ask the Minister: what is the greater scope that is claimed to encourage progress on human rights and good governance in Turkmenistan? It is very dependent on China. Russia is competing for economic power there. If I was being cynical, I would wonder whether this is the EU wanting to get in on the action with regard to energy and investment opportunities. This is not a very encouraging scenario for an EU agreement.

I am curious why the Turkmenistan and Kazakhstan SIs are dated 2017—leaving aside the 20-year delay on the agreements, which, as I say, is perhaps understandable. These things have been hanging around. Are there others in the pipeline that are going to be put through before next March? Have these been lying in a dusty drawer in Whitehall and suddenly, because of the prospect of Brexit, there is a rush to get them all through so that they will apply before 29 March next year? Am I being unjustifiably cynical and suspicious? Are there any others? Perhaps the Minister could explain.

[Lord Collins of Highbury (Lab)]

My Lords, every opportunity that I can have to debate with the noble Baroness, Lady Goldie, I would like to take, so the more statutory instruments we have, the more pleasure it will give me. I will be the only one who will find it pleasurable, I expect. But there is little between us on these instruments. I think we all welcome the potential for engagement that will result in improvements in governance and human rights. The noble Baroness, Lady Ludford, highlighted the human rights record of Turkmenistan but all three countries have human rights issues. It is important that we work with our partners to ensure that we can address the need to strengthen democracy and the rule of law in all these countries. That is what these agreements are doing.

Of course, there is another issue, highlighted by the noble Viscount, Lord Waverley: corruption is another important feature of these countries. I hope that complying with these agreements and having closer ties will enable us to properly address or support those Governments in tackling corruption. I hope the Minister will tell us exactly how we are doing that. It is important that we develop those structures.

European Union (Withdrawal) Bill

Debate between Lord Collins of Highbury and Baroness Ludford

Committee: 10th sitting (Hansard): House of Lords
Monday 26th March 2018 Lords Chamber

[Baroness Ludford (LD)]

My Lords, the debate this afternoon has amply demonstrated why in today’s Statement the Prime Minister refers to the particular challenges that Brexit poses for Gibraltar. Staying in the single market would mitigate some of those challenges, particularly the economic ones, but there would still be the risk of political problems from Brexit itself.

There has been much talk from Brexiteers about global Britain and even Empire 2.0, which is pretty gruesome, but the damage to Ireland and Gibraltar—I fully agree with the noble Lord, Lord Cormack, and others who have drawn an analogy there—from Brexit belies the claim that Brexit is not focused on a rather little-England perspective and instead has a broad and internationalist one. It would be a terrible betrayal of Gibraltar as well as Ireland if the Government do not have those territories in the forefront of their mind.

The Government of Gibraltar told the House of Lords European Committee that Brexit presented,

“few opportunities worthy of mention”,

and that losing access to the single market in services would be a “severe blow” to Gibraltar’s economy—reflecting the fact that it has been a fundamental tool in Gibraltar’s economic development. It is therefore no wonder that, as others have said, 96% of Gibraltarians voted remain.

The point has been strongly made that Gibraltar depends on the free movement of workers. I was very interested to hear that the noble Lord, Lord Luce, is chancellor of the University of Gibraltar, because it gave evidence to the EU Select Committee inquiry and said how valuable the free movement of staff and students across the border with Spain is to it. It also said that the social welfare system is significantly dependent on the income tax paid by cross-border workers in Gibraltar—and a related point is that Gibraltarians will potentially lose access to healthcare facilities in Spain. So there are so many areas of damage to Gibraltar and the residents of the Gibraltar.

Tourism is another element in its economy that would be profoundly harmed by any border problems. The European arrest warrant was described by the Government of Gibraltar as,

“a blessed relief because it took the sovereignty dispute out of the equation of extradition”.

As it involves mutual recognition between judges, it does not depend on Government-to-Government agreement.

The Government of Gibraltar are particularly worried about the possibility of no deal and a cliff-edge scenario. I believe that the Brexiteers have been cavalier in envisaging this possibility. I have to reproach the Minister in this respect, because he mentioned it again last week to the committee—as did his colleague in the other place Robin Walker. Reviving the “no deal” prospect is breathtaking in its irresponsibility to a territory such as Gibraltar. The Government of Gibraltar suggested that it could result in their frontier being severely disrupted or even closed, which would be “potentially disastrous”. It might mean the UK Government having to step in to support Gibraltar’s economy, as they did in the Franco era. I wonder whether British voters have been told about such a possibility, given that they know, or at least have been told, that Britain’s economy is set to deteriorate if we leave the single market—the Prime Minister has said that—and their incomes might well be squeezed. So there could be quite interesting political problems for a Government defending subsidies to Gibraltar.

Lastly, as has been pointed out, Brexit means that Gibraltar will depend on the good will of Spain. It will no longer have EU law there. That law has not been perfect and there are still some issues, but Gibraltar has looked, with justice, to the EU to arbitrate and defend it in disputes with Spain. But it will not have that protection if we Brexit, and the onus will be on the UK to take action. So, like other noble Lords, I think this is a very important issue and I look forward to the Minister telling us exactly how the Government are going to look after Gibraltar, in the same way that there is huge feeling in this House about the maintenance of no internal border in Ireland. I think that the Government have a lot of explaining to do.

[Lord Collins of Highbury (Lab)]

My Lords, we have had an excellent debate. I appreciate the comments from the noble Lord, Lord Luce. He has initiated debates in this Chamber about Gibraltar, separate from Brexit, and although I did not speak at Second Reading of this Bill I have spoken in a number of those debates. The noble Lord, Lord Hannay, is absolutely right about the process, and the history lesson that has been given is quite important for understanding the way forward. I did not act as governor-general in Gibraltar like the noble Lord, Lord Luce, but I was a union official there representing workers in a period when the border was closed. In fact there were 6,000 Moroccan workers operating in Gibraltar. They were housed in the old naval dockyard barracks in conditions that we would not find particularly acceptable, but it certainly gave them gainful employment in a way that helped their families in Morocco.

In Spain’s accession process we were able to reach a practical accommodation that served the economic interests of Gibraltar and the people who lived around it, particularly in the Andalusia region of Spain. I have to declare an interest or two here: my husband is Spanish and from Andalusia. The fact is that the people of Andalusia know very well that Madrid does not have them very high up on its agenda either, so these are really important issues to understand. The reason why 96% of the people voted in favour of remaining in the EU is that they know full well that the political and economic conditions that prevailed with membership of the EU are vital to their continuation as a viable society.

The Opposition support the amendment and understand the need for it. Several noble Lords have spoken today, particularly the noble Lord, Lord Hannay, who posed very specific questions. We believe that at the end of the day the question that will determine the survival of Gibraltar will be the UK Government’s efforts to ensure that it is able to continue to have a relationship with the rest of the EU. That is the question that we want answered but we know full well that we are not going to get one today.

Exiting the European Union

Debate between Lord Collins of Highbury and Baroness Ludford

Monday 5th September 2016 Lords Chamber

[Lord Collins of Highbury (Lab)]

My Lords, I thank the talented Minister for repeating that Statement. We have heard the mantra that “Brexit means Brexit”— simply leaving the EU—but the Prime Minister has suggested that she does not see the UK making an Article 50 application before the end of the year. Would the Minister explain in a little more detail—in these circumstances, he needs to—what he expects to happen between now and the end of the year with regard to that application?

The Secretary of State wrote in July:

“The negotiating strategy has to be properly designed, and there is some serious consultation to be done first”.

This is one reason for taking a little time before triggering Article 50. We have heard in the Statement about the numerous consultation meetings that have been taking place. I welcome those meetings, but the Government have to set out in starting proper consultation what are their objectives. Consultation is meaningless if you do not know what you are being consulted about.

It is also unacceptable that the Prime Minister has taken the undemocratic step of refusing to guarantee Parliament a vote on triggering Article 50. It is vital that Parliament is engaged in the process; we received assurances on this in the past. The specifics of the UK’s future relationship with the EU are not yet known, and such a constitutional change needs direct parliamentary involvement.

If Brexit is seriously about seizing opportunities and putting the national interest first, it means that the Government must have a view on what a successful outcome to negotiation looks like. If they do, when will they tell Parliament and the British people? We need to know.

The Statement refers to uncertainty, and of course we have seen uncertainty creating stress to our economy and particularly in our communities. I return to the subject of EU citizens currently living and working in the UK. They must not be used as a bargaining tool. There are first principles here that need to be addressed. I again ask the Minister to reassure those citizens that they will have the right to remain—to stay—after Brexit. It is not good enough simply to say, “If this happens, that will not happen”. It must be a matter of first principle.

Finally, many parts of the Statement talk about seizing this opportunity. Let me make clear that one thing that I hope will not be seized is the removal of the hard-won rights of workers and people in employment in this country. The protection of those rights will be one of the tests we will put on the successful outcome of the negotiations.

[Baroness Ludford (LD)]

My Lords, I, too, thank the Minister for repeating the Statement. We on these Benches are very glad to get this opportunity to try to get information from the Government. I fear, however, that we have not got much beyond the slogans of “Brexit means Brexit” and “We’ll make a success of Brexit”—those soundbites. We do not have much that is more concrete. Even if the machinery of government could not have been prepared for a leave result—which I doubt anyway—the apparent lack of political consensus at the top of the Conservative Party on the aims of a Brexit negotiation is disconcerting, to put it mildly. There is anxiety and puzzlement across the political spectrum. For instance, former Education Secretary Nicky Morgan in the Times today demanded a clear plan. On the constitutional side, there is great concern about the unity of our kingdom and the future of peace in Ireland.

The Statement says that there will be no hard border in Ireland, which would indeed be welcome—but how realistic this is depends on whether we are in the single market, whether there is free movement and whether we are in the customs union.

In the words of our EU Select Committee, it would be “inconceivable” that that negotiations on withdrawal and future relations should be conducted “without effective parliamentary oversight”. In the Statement, we are told that the Government want to put,

“the sovereignty and supremacy of this Parliament beyond doubt”.

But the only promise is that we will be,

“informed, updated and engaged”.

That is much less than accountability and real oversight. We on these Benches, like the Opposition, believe that accountability and oversight should be marked by a parliamentary vote on triggering Article 50. Liberal Democrats do not seek or support a second referendum in the term of art which means a rerun of 23 June—but the need for public endorsement of a Brexit deal is an entirely different matter. That is essential, because it will be the first time that voters get any chance to evaluate the reality, and not the fantasy, of Brexit. We on these Benches will hold the Government very carefully to account on how their Brexit actions meet the real interests of this country.