(11 years, 1 month ago)
Lords ChamberMy Lords, more than a year ago, Lakhdar Brahimi said that the choice for Syria was between his plan, which at that time was for some kind of transitional government, and hell. His plan was completely rejected and now we have hell. Syria is descending into total fragmentation, with a hideous death toll and oceans of human misery, as we have heard in several very eloquent and penetrating speeches. The costs to date are estimated at anything between $50 billion and $100 billion, perhaps far more: one can hardly put a price on these things. Prices in Syria have risen 100% in the past year and are heading for hyperinflation and the point where money dies. Unemployment has quadrupled and many feel that the country is getting ready to split up, possibly with an Alawite statelet, as under French rule in the 1930s.
Meanwhile, in Jordan, Hashemite rule is under pressure. As we heard in the eloquent speech of the noble Lord, Lord Williams, the state of Lebanon is threatened, although I am not quite as gloomy as he is about the miraculous way in which that state has somehow survived so far, given the amazing pressures since its own civil war. Even Turkey is destabilised, and there is clearly a feedback into a worsening situation in Iraq, which we sometimes overlook as being one of the world’s biggest oil producers.
Meanwhile, on the ground, the rebels seem to have captured Deraa and have plenty of anti-tank weapons. Every day, Qatar and Saudi Arabia run arms runs with massive supplies of weapons, and while these are perhaps not all the rebels want there are a great deal of them, so there is a stalemate already. There is no hope of a new force arising—as someone said the other day, a new Zenobia—to unite Syria. Nothing of that is in sight. It was a non-sectarian battle to start with and could have been handled much more wisely, but it was not, and now all sorts of jihadists have joined in, as we heard from the noble Lord, Lord Wood. It is now becoming a civil war between Islamic sects. The pessimists could say that when we had a similar religious division in Europe, it lasted 100 years and involved unbelievable atrocities.
It is hardly surprising that in all this appalling scene, where terrorist-inclined organisations are fighting each other on both sides, we are all very reluctant to intervene. That is understandable, but—there is a “but”—we cannot do nothing when not merely a whole house but a whole neighbourhood is on fire, and the fire is spreading. This kingdom is supposed to be a responsible and powerful contributor to the network of world peace and stability, and I believe that we are as long as we do not lose confidence in ourselves. We live in a totally interdependent world. Even those who sometimes hanker after different versions of independence when we talk about other issues do not seem to understand that the whole system is now totally connected. Interdependence obliges us to proceed on certain courses. In this case, we simply cannot opt out. However, in not opting out and deciding how to proceed, we must not allow this to turn into an old-fashioned Cold War, East/West issue, which I am afraid it is rapidly sliding towards. Indeed, that is my worst fear of all. We hear more and more talk of line-up and the West must do this and Iran, Russia and China must do that. That is the stance that many of us thought we had seen for the last time with the fall of the Berlin Wall and the old world of the divided Communist Cold War. To bring it back and to act as though it had never gone is a great mistake.
I concede that there are enormous hurdles to proceeding in any direction at all. Diplomacy has become decoupled from the facts on the ground. There is a weak and divided Syrian national council, now the national coalition. It is very hard to know who is in charge. The Russians, although they have talked big about legitimate regimes and remaining behind Bashar al-Assad, have totally failed to influence him. Their diplomacy, which they proclaim very loudly, has not been a success. The mechanism of dialogue is extremely unclear and the past aspiration of all nations to develop the concept of responsibility for moving in and protecting against hideous atrocities and killings has been blocked at the United Nations by Russia and China.
In these circumstances, we have to be completely realistic and recognise that China and Russia are the key to any change. Without them, any measures taken will produce counter-reactions and escalate the problem. There should be a common responsible global approach, without which there will be no effective approach. The good news in all this gloom is that the UK has very recently mended its fences with China, and that positive move is understood and welcomed on both sides. My right honourable friend the Foreign Secretary, William Hague, has held detailed talks with the Russian authorities and Mr Lavrov. Of course, my right honourable friend and the Prime Minister have had sessions with Mr Putin in the past few days at Lough Erne and no doubt elsewhere.
If one were to look for a third chink of light in this otherwise horrific situation, there could be some change, as the noble Lord, Lord Williams, suggested, now that Mr Rouhani is in charge in Iran. However, it is much too early to say anything on that. It is only in the new global context that one can start carefully to decide what kind of intervention can be pieced together, whether it is arms, assistance on the ground or any other kind of assistance to one side or the other.
What can be done to bring the two giant powers, Russia and China, to a more responsible and constructive position? In a way, China is in need of much more discussion and dialogue. The Chinese talk about intervening only peacefully, and have used the phrase the “peaceful rise” of China. That is questionable because the Chinese have not always been peaceful. However, the plain fact facing them is that the bulk of their country’s oil imports now come from the Middle East. Most oil resources from there go eastwards, not westwards. It is estimated that by 2030 95% of all oil and gas will go east to China and the great rising powers of Asia. Syria and Iran are therefore China’s problem, and there is no future for China in stoking the Syrian conflict.
The reality that even the Chinese must face is that power now lies as much in the networks of the street and the totally connected world system as it does in the hands of any individual country. We have only to watch what is happening in Brazil, Turkey or Egypt, where digital network power and the street are challenging the traditional tools of government, to see where the real forces lie. We should therefore engage with these great powers that think that they can play superpower politics in the age of the networked world. We have to engage much more closely with China’s think tanks and continue our discussions with the Russians to make them realise that in the end we all share the same responsibility and that the dangers of failing to combine together will affect us all, whether it be the Chinese, Russians, Europeans or Americans.
We have no choice in this age of total connectivity but to make a firm contribution to the common cause of trying to halt the Syrian horror. However, there must be a genuinely common cause to which to contribute, and this, frankly, does not yet exist, so the prime task is to establish this common approach. I believe that we in Britain are well placed to make a contribution in seeking that goal, and we should strongly support my right honourable friend William Hague in his efforts in that direction. That is where the solution, if there is one, to this horror lies: in a common global approach. Without a common global approach, any attempt unilaterally or on behalf of the so-called West will fail.
(11 years, 2 months ago)
Lords ChamberWe continue to make representations on this matter. We, too, felt hopeful when President Thein Sein said that he would allow this office to be opened. He reiterated that commitment when he met President Obama, and we continue to press him to make real that commitment.
My Lords, all these concerns about Burma/Myanmar are very welcome and reflect very well on noble Lords and Members of this House who are concerned about these things. However, could we also add the thought that it is something of a miracle that the country of Burma/Myanmar is now moving towards rejoining the comity of nations? In the longer term, if we work positively and closely with the authorities and face their terrific and very difficult concerns, we will bring them to the democratic pattern that we all admire and maybe even to being members of the Commonwealth. Will the Minister recognise this positive side of our work with Burma for the future?
I absolutely recognise the comments made by my noble friend, whether those concerns relate to prisoner release, freedom of the press or political participation. Of course, we must recognise and congratulate the Burmese for moving in the right direction.
(11 years, 3 months ago)
Lords ChamberI have not read that article, but I will make sure that I do and that it is brought to the attention of my colleagues. It is important that a wide range of views is fed into the debate when these decisions are made. I absolutely accept the noble Lord’s concerns about pouring petrol on a fire, but I think that he will agree with me that doing nothing is not an option.
My Lords, I am extremely grateful to my noble friend for setting out the position with such acumen and accuracy. There are two points that she did not mention. First, China has growing influence and concern in this region. Indeed, it relies on the area for more and more of its fuel. What discussions, if any, have there been with the Chinese authorities about them playing a more constructive role, in addition to the discussions with Russia?
Secondly, can the Minister clarify the position of Jabhat al-Nusra? As I understand it, Hezbollah is working with Assad and the Iranians and is fighting against Jabhat al-Nusra. Jabhat al-Nusra has declared that it is in alliance with al-Qaeda. Al-Qaeda and Hezbollah are both dedicated to attacking Israel and, indeed, the West. This is an extraordinary melange. Will the Minister describe how we are going to ensure, now that Jabhat al-Nusra dominates areas of Syria and the opposition, that we are not going to find ourselves helping people who are our direct enemies and a direct threat to further peace in the Middle East?
I will have to write to my noble friend in relation to his first question about negotiations and direct discussions with China. I am not familiar with the extent of those conversations, although I know that some have taken place.
My noble friend raises a really important point about the complications of the country that we are dealing with and the overlaps and different loyalties of groups at any one time. Extremism deeply concerns us in relation to what is happening in the region and its impact upon the United Kingdom. We have credible evidence that up to 100 young British people, or people connected to the United Kingdom, are out there fighting. It is attractive for people around to the world to go there and fight. We are concerned about the implications of that for the region and for when these people start to come home. That is why when we had the discussions with the national coalition one of the first things that we discussed was extremism. We have a commitment from the national coalition that it will do all it can to ensure that terrorism and extremism do not manifest themselves and grow and that weapons or any support given to the national coalition do not get into the hands of extremists.
(11 years, 6 months ago)
Lords ChamberThe noble Lord is aware that we have in the past raised concerns about any weapons that may be passing to Hezbollah, about where those weapons may be coming from and about comments that have been made by Hezbollah about where they may be receiving weapons from. I hope that the House feels that I am not being evasive, but it would be inappropriate for me to speculate on what has happened, the implications of it, what someone may do in response and the implications that that would have in relation to international law.
While I appreciate that the Minister obviously does not want to speculate until there is a clearer view about this, and while I am the first to be critical of Israel when occasionally it overreacts and overresponds with undue rigour, do the noble Lords, Lord Hannay and Lord Anderson, not have a point? The shipping of weapons to Hezbollah, which already has thousands of rockets, is an extremely dangerous and destabilising act in the Middle East. Anything that furthers the position of Hezbollah, which is a state within a state in Lebanon, and makes it more ready to be highly provocative, as it has proved in the past, against Israel, will add to the difficulties in the area. Does she appreciate that we need to watch this very carefully and in a balanced way?
My noble friend, as always, makes an important point and comes at it with great expertise. He will, however, be comforted to know that whatever has happened on that border, we understand at the moment that the blue line between Israel and Lebanon remains calm and that the work of UNIFIL continues in the region in the way that it has done until now. I can, however, say that any transfer of arms to Hezbollah would clearly be a violation of Security Council Resolution 1701.
(11 years, 6 months ago)
Lords ChamberMy Lords, those, both here and overseas, who think that the Prime Minister’s speech was all about getting some exclusive deal for the United Kingdom from the rest of the European Union are starting from entirely the wrong point. The first line of the Prime Minister’s speech was that this speech was,
“about the future of Europe”.
What he is concerned about, and what we should in all parties and sections be concerned about, is giving new direction to a European Union which is today lost in the thickets of the debate about the eurozone—which will continue for a long time, it has not been cured—overcentralisation and general unpopularity. That creates uncertainty which will continue and must be addressed.
To give new direction to that unsatisfactory situation throughout Europe, we need two things. We need colossal intellectual effort, similar to, or perhaps even greater than, that which went into the original Monnetiste ideas in the post-war situation; and we need new friends and allies all around Europe to mobilise the new thinking.
I believe that the friends are there. I think that the European budget experience last autumn showed that many people are determined to have a new approach in Europe. They are to be found in almost every quarter, not just in the smaller ex-satellite countries of eastern and central Europe but in France, Germany, Italy and other great countries.
On the intellectual side, huge new effort will be required. If I may say so, it must be more than diplomatic effort. I very much admire the team inside the Foreign and Commonwealth Office—indeed, some of them are my good friends—but the task now is one for which we will have to draw on the best brains in business, engineering, science, management and, I would hope, all the political parties to bring new direction to the eurozone and new relationships of its members to the central institutions. The task is to show how a modernised European Union can work and how treaties can be amended to allow that. The challenge now is to draw up the architecture for a more flexible, dynamic, democratic European Union which connects to the people. It is a challenge to which all those who are concerned about our position in Europe and the stability of Europe should now turn their efforts.
(11 years, 8 months ago)
Lords ChamberMy Lords, it is a pleasure to follow the noble Lord, Lord Williamson, who understands the complexity of the matters that we are addressing better than most.
In my view, to handle the European Union issue successfully in the light of current developments, our policy framers and advisers, and their critics, need a new mindset. Compiling a wish list of things that we want to grab back from the EU, and then trying to negotiate to stay in the single market, which some less experienced MPs and others seem to think we should be doing, will lead nowhere. We have been round this course before and in the end it does not work. The case needs to be made for greater differentiation within the European Union and this should be put forward as a positive policy for the EU as a whole rather than as a form of special pleading for UK “exceptionalism”.
As the ongoing budget saga has confirmed, we are not alone in wanting new directions for the European Union. We do have allies, both among member state Governments and, I suspect, even more among member state peoples, as recent German popular support for a different Europe has indicated. The isolation or marginalisation argument that we hear so much of is complete nonsense.
A successful approach requires a challenge at its roots to the outdated 20th-century integrationist philosophy inside the EU, commonly called “more Europe”. This challenge should be in the interests of Europe as a whole, not just the British, and, if properly formulated, will have many allies around the Union. The old “more Europe” doctrine is still being attempted with the fiscal pact, as we have already heard today. Time will show that this, too, will no longer work, not least because of the huge and still growing divergences between eurozone economies within the eurozone.
To make the case effectively and profoundly for an alternative path or model for the EU, we need to draw on disciplines far outside the normal confines of diplomacy. Scientists tell us every day that this is now an age not of centralism, top-down plans and blueprints but of self-assembly, self-replication and legitimacy built from the bottom up. The same applies, I suspect, between peoples. As the Prime Minister put it a year or so ago, in today’s world, we need,
“the flexibility of a network, not the rigidity of a bloc”.
As I have said, the key concept that we need in establishing the relationship between member states and the EU institutions is differentiation. The treaties invite us to think of powers and competences in chunks and groups which are frankly out of date. Areas such as social policy and employment policy are 20th-century categories. In today’s world, they can be far more separated and disaggregated in deciding which functions should be of common concern, which should rest at national level—where the subsidiarity concept can be effectively applied, which it has not been in the past —and which should be tackled at a far-wider-than- Europe level. The same could apply to agriculture and environmental policies, which nowadays break down into all sorts of new categories.
I am frankly puzzled by some aspects of the steps being taken towards a banking union within the eurozone countries. They are by no means guaranteed success. This is one more attempt—there will be many to come—to cope with the chronically sick euro system. In fact, a supervised banking union is a classic example of a set of functions that need to be handled globally, not regionally, as our financial experts in the City of London know well. That is why we have had Basel I, II and now III, to police and regulate banking practices the world over. I am glad that we are keeping our own globally-related financial system well clear of this narrow banking union endeavour, although with the appropriate safeguards against discrimination within the single market, as we heard from the Minister.
There is no reason at all why a policy of much more detailed differentiation in the treatment of various functions should lead to a two-tier Europe, as I fear that the present drift of events is leading. On the contrary, detailed unbundling and dissection of blocks of competences could lead to a far more varied and less divisive Europe than we have today. The gurus who keep telling us that there is no alternative either to locking ourselves into the integration process or withdrawing are quite wrong and out of date. I congratulate more clear-thinking experts like Frank Vibert at the London School of Economics for opening our minds to this second front in EU policy development in an age of complexity. We should not be afraid of taking the intellectual lead in EU policy. Many people around the union are waiting for us to do so.
We should not be afraid of showing that the Lisbon treaty was based on a deeply flawed understanding of how the connected world now works, as many of us argued at the time. We should not be afraid of laying the groundwork for a new treaty and calling a new IGC to carry it forward. Nor should we delay while the search for a solution to the problems of the euro goes through endless false starts and unsustainable initiatives. The euro will continue to require constant and very expensive treatment to survive. Meanwhile the European Union needs to be saved, reformed, updated and put on a far more secure basis of legitimacy and political support than it has in its present dysfunctional state. In turn, that will give us in this country, as well as many other states, sensible and sustainable relationships with all our neighbours and friends within the EU and with the EU as a whole. It will also give us a modern and realistically differentiated breakdown between national and supernational powers, bilateral alliances and collectivism in Europe, which will command popular support in any referendum, where we can rely on the shrewd and unconventional wisdom of the British people.
Let us put aside shopping lists and unrealistic want lists and boldly come forward with strong pan-European ideas and proposals for a healthier union in a new global landscape which is taking shape. If, as we are told, treaty changes in the European Union lie ahead anyway, let us ensure that we take the initiative in shaping them and helping to redirect Europe in a sensible, workable and relevant direction to the benefit of all member states, including ourselves.
(12 years, 1 month ago)
Lords ChamberMy Lords, negotiations in New York are due to conclude on Friday 27 July. The negotiations are complex and sensitive, and at this stage it is not possible to predict the outcome. However, our ambitions remain unchanged. For the UK, success means a robust and effective legally binding treaty with strong provisions on international humanitarian law and human rights. The treaty must include everything from fighter planes to rifles, and bombs to bullets and ammunition. Arms brokering must be controlled and corrupt practitioners prosecuted. It should establish a transparent system whereby states publish a list of controlled goods and report regularly on their arms exports.
My Lords, I thank the Minister for that reply. Does he not agree that on matters of such vital importance for global security—as is being underlined every day in Syria, the Gulf, Africa, Asia and elsewhere—that it would have been better for the Government to come with a considered statement on how the negotiations are proceeding and on their position, so that there could have been full and proper exchanges in this House? Does he not accept that there is growing disillusion and indignation across the world that there are all kinds of aspirations but no firm and binding conclusions? If we do not achieve a firm and binding outcome from these negotiations, is there not a case that it would be better to have no treaty at all?
I understand the noble Lord’s strong feelings. He has always been a robust fighter in this very important cause. However, we are at this very delicate and sensitive stage in the negotiations, when we are fighting to achieve a robust treaty and avoid what we would totally reject, which is having to sign a weak consensus. I am not sure that in the middle of the negotiations it would be better to discuss them. The noble Lord, with his experience, will possibly understand that. Although I fully applaud his feelings on this matter, we are at an absolutely crucial stage of mid-negotiation. This is something that has been fought for by officials under successive Governments for over six years. We are poised to achieve the very most that we can, as I outlined in my Answer.
Does the Minister agree that this will very soon represent the culmination of eight years’ work by determined Ministers and officials of both the previous and the present Governments and that we wish them well in these final, concluding days? I have to say that it is very bizarre to have a Private Notice Question that asks for the Government’s negotiating position two days before the final vote, after eight years’ work. Nobody denies the enormous importance of this treaty—for all the reasons that the noble Lord, Lord Judd, has given—so that responsible defence industries can operate in the proper, licensed way and so that the illegal shipment of arms which has caused such difficulty can be properly controlled under an international agreement. In these crucial last two days, is not the best thing for us to wish our negotiators the best possible success in this important undertaking?
My noble friend is absolutely right. I fully endorse everything he says. I believe your Lordships are at heart, and certainly have been in past statements, fully in support of these very difficult negotiations and this high ambition of the British Government and that we should today take the opportunity further to reinforce the support for what officials have struggled to achieve over the years under successive Governments.
My Lords, does the Minister recognise—and I am not asking what our negotiating position is—that between now and Friday it is highly likely that we will have to make a choice between a robust treaty, which is not signed by everyone, and a weak treaty, which will not be worth the paper it is written on because it will be subscribed to by countries like Russia, which is busy exporting arms to a situation of humanitarian disaster in Syria as if there were no tomorrow? Will he confirm the very welcome position he gave that we will stick to our guns—perhaps a slightly unfortunate phrase—and not water down the arms trade treaty that we have set out to get, even if this means that some of the largest exporters are temporarily at least not going to sign up?
My Lords, I have said that we are not going to sign a weak consensus. I know that the noble Lord, who is very versed in and a master of these negotiations, would not expect me to make statements about our negotiating position at this crucial stage. I repeat that a weak consensus or a feeble abandonment is not what is contemplated.
My Lords, we, too, wish the negotiators well, but I think the noble Lord will understand why we are apprehensive. On 13 July, the BIS Select Committee in the other place concluded that the Government seem to have adopted a different policy from that of the previous Administration and appear to be ready to weaken the arms trade treaty in order to placate the arms exporting countries, looking for what would emerge as a lowest common denominator approach. That apprehension is shared in New York. Any discussion with colleagues there will show that. They are deeply concerned that we did not sign the strong text of support calling for a strong treaty, already signed by 74 countries, and that we should consider showing that intent and good will now. Will the Government do so?
I think that that apprehension is ill founded. Ambassador Moritan, who chairs the process, obviously has had to manoeuvre. We have to be realistic that there are sceptics and that there are countries which, from the start, have been outright opponents of anything other than broad political agreements. We have to accept that. Our determination is not to be deviated from the pattern which was reflected under the noble Lord’s own Government, and I repeat that we are determined not to sign a weak consensus but to go for a robust treaty. That remains our position.
My Lords, does my noble friend agree that when in the past decade $2.2 billion-worth of arms have been sold to countries that are under an arms embargo, such as Iran, Myanmar and Zimbabwe, it is terribly important to get a text of some sort? I have to say, with all due respect, the Labour Benches have been fantastic about this treaty, but the binary question they pose to the House is that we either go for a treaty or, given that it is a consensus procedure, we go for nothing at all. Would it not be better to negotiate to the very last moment to get any text on the paper to build for an incremental future whereby we regulate arms than to settle for nothing, which is what I suspect they are posing?
I do not want to be involved in this polarised binary approach, as my noble friend rightly calls it. We are negotiating very hard. She is quite right that there are very high prizes to be achieved if we can get the robust treaty we want. I think I shall leave it there, except to observe that even with the treaty and, indeed, much more so without a treaty, illicit arms continue to swirl around the world and feed Syria, the killing and the murder, and they will continue to do so unless, step by step, we can move from the treaty to tighter and tighter controls.
My Lords, those of us who follow these matters closely are hearing very strongly from New York that the sceptics are dominating the floor of this conference. We are constantly being impressed by the request that Britain speaks up more in this conference as a leader of those who wish to see a robust treaty. I shall repeat to the Minister the question posed to him by my noble friend Lord Triesman, about it not being too late for the UK Government to sign up to the statement signed by 74 countries setting out the humanitarian bottom line for a robust treaty. Are the Government prepared to consider doing that? It would send a very strong message to these negotiations.
Strong messages are going all the time. As I think the noble Lord knows, we have always said that we want to have a humanitarian dimension fully in this treaty. We have said that, but how we manage to secure our aims in this last vital stage is a matter of delicate negotiation, and I think I must leave it there, although I fully recognise the strong feelings on both sides of the House about this matter.
(12 years, 1 month ago)
Lords Chamber
To ask Her Majesty’s Government what assessment they have made of the recent escalation of violence in Nigeria.
My Lords, the Islamist extremist movement known as Boko Haram has claimed responsibility for many attacks in Nigeria. Ongoing intercommunal tensions have also led to conflict, which has recently been exacerbated by attacks on places of worship such as the one in Kaduna state on 17 June. The British Government utterly condemn such violence and work with the Nigerian Government and international partners to ensure the location of a comprehensive strategy to tackle security threats.
I thank the Minister for his helpful reply. Is he aware that I recently returned from Kano, Bauchi and Plateau states, where Christians are living in siege-like conditions, especially on Sundays, when many have been attacked and killed during church services; where it is becoming increasingly difficult for Christian leaders to sustain their commendable efforts to prevent retaliation, with the risk of escalating intercommunal conflict, as happened in Kaduna, to which the noble Lord referred; and where there are concerns over the possible destabilisation of Nigeria itself? Will Her Majesty’s Government raise with the Nigerian Government the concerns of the Christian communities, including the frequent failure of the authorities to prosecute and punish the perpetrators of violence against them?
I am aware of the noble Baroness’s recent visits and I was very grateful for the very informative report that she shared with Foreign and Commonwealth Office officials on the situation. The British Government are appalled as well as deeply and continuously concerned by what has gone on and by the situation that she described. I can only say that we are fully engaged with the Nigerian Government on these issues and on the essential need to protect minorities more effectively and to bring the perpetrators of violence to justice.
The Minister will be well aware that Boko Haram is only part of an Islamist tide sweeping across the Sahel. In northern Nigeria, a particular problem is the atrocities against the Christian community—the attempt, in effect, to cleanse northern Nigeria of Christians. What specifically are the Government doing to assist Nigeria, possibly in co-operation with our French colleagues because of the general nature of the problem, and to what extent do we fear for the unity of Nigeria?
The noble Lord is right that this is part of a larger series of trends and developments, some of them of a very ominous and dangerous kind —not least the instability in Mali and the attacks on Timbuktu that have been very much in the news. All those events reflect and connect with the activities of Boko Haram, to which the noble Lord referred. We are working with the Nigerians at all times to see how we can help them increase security. At the same time we are working with the French and other EU partners to address the whole issue of the Sahel, where all these dangers are arising. The noble Lord is absolutely right to call attention to them.
If I may, I will take that point a little further, although my noble friend has just offered us an answer. What assessment have our Government made of the links between Boko Haram, AQIM in Mali and al-Shabaab in Somalia in their logistical, ideological and political operations?
We keep a very close eye on this in making assessments, as do our French colleagues—as I just mentioned to the noble Lord, Lord Anderson—our United States colleagues and others. The precise linkages are fluid and not always easy to identify, but there is no doubt that, where there has been potential instability and turmoil, al-Qaeda, or branches and franchises of al-Qaeda, tend to turn up like flies around any corpses. This is always the danger and we should watch it very closely. As for al-Shabaab, we cannot see a visible connection at the moment, but it too might be involved, although it is quite a long way away.
My Lords, I have made nearly 70 trips over the past 30 years to Nigeria, many of which in the past few years have dealt with conflict management. Do the Government also remain committed to working with private and civil society organisations, particularly the churches and religious leaders—I am thinking of organisations such as the one run by the bishop of Kaduna, Bridge Builders—which in many ways have been especially effective in dealing with an issue that has religious elements?
The answer to the right reverend Prelate is indeed yes. To reinforce the point, although there are different religious groups in Nigeria we have always seen it as a state of tolerance rather than religious intolerance. That is not the main cause of the violence and horrors that we have seen recently, which arise much more from the provocations and extreme violence of organisations that have intruded and invaded, such as Boko Haram.
My Lords, I am sure that the whole House appreciates the efforts made by Her Majesty’s Government so far in trying to resolve some of these problems. Are the Government aware of the reports of the well-armed mercenaries who are operating in the attacks on Christian churches? If they are, are they doing anything to find out the source of the supply of the sophisticated weaponry that is being used against Christians?
We are aware of reports. We always seek more information. These are very important matters in which we take a very close interest. We take a particular interest in the arms trade issue, which we will discuss later on this afternoon in this House.
Is my noble friend aware that although we in this country are very alert to Boko Haram and to the religious imbalance in this conflict, the media constantly report, particularly to other Muslim countries, that this is a reciprocal fight in which Christians and Muslims are equally engaged? How does he square that with the fact that it is almost always Christian churches that are blown up and Muslim mosques that are left untouched?
I cannot comment on the balance or lack of balance in any media reporting, but of course it is not always balanced, although my noble friend is right to say that there is no equality of violence. However, there are reprisals and it is true that mosques have been attacked as well as churches. We have no doubt that the new levels of horror, violence and atrocity that have been imported into northern Nigeria are initiated and have been provoked by Boko Haram.
My Lords, given that 600 people in Nigeria have already been murdered this year by Boko Haram, which states that it wants to extinguish all reference to western ideals, including democracy, why have we not proscribed it as a terrorist organisation in the United Kingdom? Has the Minister had a chance to look at the information which I have sent to his office about the links between funding organisations in the UK supporting Boko Haram?
On the first point, it is not HMG’s policy to comment on which organisations may or may not be considered for proscription. On the funding issue raised by the noble Lord, I am very grateful to him for doing so. We were not aware before he raised it of the suggestion that funds were going from UK groups to Boko Haram. I have brought it to the attention of officials who are examining the issue, and I will write to him about it.
(12 years, 1 month ago)
Lords Chamber
That this House takes note of draft regulation 2011/0901A (COD) of the European Parliament and of the Council (amending the Protocol on the Statute of the Court of Justice of the European Union and annexe 1 thereto) and draft regulation 2011/0902 (COD) (relating to temporary judges of the European Union Civil Service Tribunal) and, in accordance with Section 10 of the European Union Act 2011, approves Her Majesty’s Government’s intention to support the adoption of draft regulations 2011/0901A (COD) and 2011/0902 (COD) of the European Parliament and of the Council.
My Lords, the debate this evening covers two draft regulations which make modest and technical reforms to the workings of the Court of Justice of the European Union with the aim of improving its overall efficiency. This is the first time that this House has had a debate of this kind, so I shall briefly rehearse and remind noble Lords why we are having this debate.
The draft regulations are subject to Section 10(1)(d) and (e) of the European Union Act 2011. The Act, through Section 10, which covers a small number of important articles in the EU treaties, provides an extra level of parliamentary control over certain decisions. It requires a positive vote in both Houses of Parliament on a Motion from a Minister before the United Kingdom can support a decision in the Council. Section 10 is therefore fulfilling the function for which it was conceived: increasing democratic oversight of the Government’s relationship with the European Union, and giving Parliament control over issues that matter to Britain.
As noble Lords acknowledged the last time we debated reform of the Court of Justice of the European Union in this House, the Court plays a crucial role in ensuring that EU law is observed. It is right and proper therefore that Parliament should oversee the Government’s approach to any reforms to this important institution, even though the reforms that we are discussing today are relatively minor. Why are we in favour of these reforms? A key function of the Court of Justice of the EU is to interpret and enforce EU law relating to the single market. The European Union single market is a key element in the Government’s priority of boosting economic growth and achieving prosperity for our nation. As long as there is a single market, the Court of Justice of the EU is needed to enforce the EU law which governs it. As noble Lords are aware, the Court of Justice of the European Union comprises three courts: the Court of Justice, the General Court and the Civil Service Tribunal. Most of the reforms in the package that we are debating this evening are to the Court of Justice, which is the upper court, and the Civil Service Tribunal, which is the employment tribunal for EU officials.
Your Lordships’ European Union Committee set out in its excellent report of March last year that the workload of the Court of Justice has grown substantially in recent years. New cases increased by 18% in total between 2007 and 2011. While the Court has managed that workload effectively to date, the European Union Committee has rightly questioned whether this can continue. It stated in its report that,
“the expansion of the CJ’s jurisdiction into the Area of Freedom, Security and Justice introduced by the Lisbon Treaty, coupled with the increase of EU membership to 27 States, will have an impact on the CJ’s ability to manage its workload”.
It therefore makes sense in our view to act now to reform the court so that it is better equipped to manage its increasing workload. Many of the reforms that we are discussing today, which I will set out now, work towards this aim. Coming to the detail, there are three main reforms to the Court of Justice. First, the new position of vice-president will be created and appointed from among existing judges, to assist the president of the Court in managing litigation, overseeing the business of the Court and representing it externally. Secondly, there will be an increase in the number of judges sitting in the grand chamber of the Court of Justice, which generally handles the Court’s most sensitive cases. Thirdly, there will be a reduction in the number of presidents of five-judge chambers who have to sit in the grand chamber at the same time.
The package of reforms that we are discussing also affect the Civil Service Tribunal—the employment tribunal for EU officials, as I have already said. The reforms include the power to appoint up to three temporary judges to the tribunal if permanent judges are absent for more than three months for medical reasons. Finally, there is one key reform to the lower court—the General Court. As will be the case with the Court of Justice, a new vice-president position will be created. I could go into much more detail on these issues and will be very happy to do so, but they are already on the record, having been debated in the other place, and I suspect are fully familiar to your Lordships who are attending the debate this evening.
Let me say a word on other reforms and next steps because this is important. We are looking at part of a process and not the final pattern. The Government have been active in negotiating the detail of these reforms, which were proposed by the Court of Justice of the European Union itself. One potential reform about which we had particular concerns has been removed from consideration, and a further reform continues to be considered separately. Let me elaborate on that. The Government did not support the original proposal to remove the 10-day period of grace that litigants are granted for submitting pleadings to the Court of Justice on top of the standard deadline period. We argued that removing the period of grace would damage our national interest by limiting the time available to us to submit pleadings. By retaining it, we have ensured that both the Government and British businesses have the maximum possible time to submit pleadings to the court.
The other reform proposed by the Court, notable in its absence today, was the addition of 12 further judges to the General Court. This reform was proposed to address the substantial backlog of cases, which are currently more than 1,300. My noble friend Lord Bowness, who has played such an active and creative part in this whole issue, explained the reason for the large workload that led to this backlog during our previous debate on this subject. The delay resulting from this backlog of cases is bad for British businesses, which wait months or years for their own case or cases of relevance to them to be heard and determined. We all know from your Lordships’ European Union Committee report, to which the noble Lord, Lord Anderson, referred last time we discussed the Court, that the Confederation of British Industry has expressed its concerns about the implications of these delays. It is essential that the reforms to the General Court address the backlog effectively. This means studying the cause of the problem and the viability of different solutions.
We welcome the establishment of the new group of European member states aiming to specifically consider the broader issue of effective reform to the General Court—the so-called friends of presidency group, which is due to report in December of this year. The Government will actively participate in that group. The detailed work of your Lordships in preparing their report on this subject will be a valuable contribution to discussions.
The questions of increasing the size of the judiciary of that Court, and of how any new judges should be selected and appointed, will be considered in this context. Any increase in the number of judges should be consistent with the requirement for minimal spending in the current economic climate, and should go hand in hand with other efficiencies.
I would like to underline how seriously the Government take this issue and make it clear that we will be working actively over the coming months to try to find an effective solution. We accept that at present the reforms on the table are modest, and it is right that we continue to encourage member states to find a sustainable solution to the wider problems. However, it is clear that these reforms will support the Government’s objective of improving the efficiency of the Court of Justice of the European Union. They will also potentially pave the way for more substantive reform to the General Court at a later stage, when value-for-money considerations can be taken into account. This is obviously important, because a more effective and efficient Court will be good for British businesses operating in the single market. I therefore commend this Motion to the House.
My Lords, I join others in thanking all noble Lords who have participated in this debate on the Court of Justice of the European Union. As I mentioned at the beginning, I believe that this is the first time the House has had a debate of this kind, following the coming into force of the European Union Act 2011. This is Section 10 doing its job, in effect, allowing parliamentary scrutiny of, focus on and pressures towards important decisions in the EU. It is quite clear from the discussions this evening that this process works. It comes with a very clear message that will emerge in a moment, but certainly it is an opportunity to put a message that would not have been there before.
As we know, the regulations before us this evening make a number of fairly minor changes—there is no disguising that they are minor—primarily to the Court of Justice and to the Civil Service Tribunal. The changes are aimed at improving efficiency and overcoming the backlogs in those two courts.
I do not think that I have ever had an easier task than I have had this evening because every one of your Lordships who has spoken has made the same central point, which I totally recognise and of which I see the validity. The point is that the move towards the appointment of more judges and reform to overcome the backlog in the General Court should be going forward faster. All noble Lords who have spoken displayed a clear view that would like to see the situation move faster; that it is, in the words of the noble Lord, Lord Anderson, unacceptable to have delay; and, in the graphic words of the noble Earl, Lord Sandwich, that the wheels of the legal system of the European Union and the wheels of international discussion or supranational discussion, move very slowly indeed. The United Kingdom will certainly continue to press forward. We are members of the friends of the presidency group; we are aiming for the December report, as I made clear in my opening remarks; and, as the noble Lord, Lord Williamson, rightly emphasised with his enormous experience of these things, there will be the need for very careful consideration.
I mentioned in my opening remarks the selection of the judges. The noble Lord, Lord Williamson, asked whether 12 was the right number—12, of course, is the number that emerges from the Court’s own views.
The Minister mentioned the December report. He surely recognises that that is an informal procedure, which has to be restored to the formal tracks. Does the Minister agree that it may take a year from now before any new judges are in place?
I cannot really agree with that because I do not know exactly how the pressures will build up. It is possible, of course, that it will take a year—that is a gloomy assessment—but the report may be very well focused. The momentum behind it may increase. Indeed, the results of this evening’s debate may assist in the kind of momentum that the noble Lord wants to see.
The noble Lord, Lord Bowness, who obviously speaks with enormous authority on these matters, asked particularly why Section 10 applied to the draft regulation relating to temporary judges of the EU Civil Service Tribunal. The answer is that the legal basis of that draft regulation is Article 257 of the Treaty on the Functioning of the European Union, and that is listed in Section 10(1)(d) of the European Union Act 2011, which we took through this House a year ago. That is the technical answer to the very detailed question that the noble Lord rightly put, because it is the detail that this Chamber can focus on remarkably effectively. It gives me great pleasure that your Lordships’ House is able to look in such detail at these matters.
Your Lordships mentioned a whole range of other issues, all coming back to the question of delay. Obviously costs are involved. In this age, we cannot just put them aside. Although costs should not be the decisive matter, we should take them very carefully into consideration.
The noble Lord, Lord Hannay, pointed out that, in addition to the fact that the Lisbon treaty obviously added greatly to the functions and responsibilities of the ECJ, ahead lie other key decisions about opting in and opting out in 2014. They are decisions that we will have to debate and they will be taken very carefully. I think that almost every other noble Lord who spoke, including the noble Lords, Lord Marks of Henley-on-Thames and Lord Liddle, and I have mentioned all the other noble Lords, all referred to speeding up matters.
I just want to ensure that the noble Lord appreciates, as I am sure he does, that the extension of the workload of the European Court of Justice, by getting jurisdiction over the justice and home affairs area, does not depend on our decision. Whichever decision we make, 26 countries will be subject to that jurisdiction in December 2014, and that is going to increase the workload massively, whatever decision we come to.
I am sure that the noble Lord is right to emphasise that. The workload will increase. We have heard various reasons for that but some of them must arise from the changes made in the Lisbon treaty. Some arise from the increased litigation; some, as the noble Lord, Lord Williamson, reminded us, arise from international pressures; and some from the increased membership. All those things add up to the fact that this is a Court which, if it is to work efficiently, must clearly gear itself to a much greater load than it has had in the past. I do not think that anyone could dispute that.
As I said, the draft regulations are minor, and the Government support them. We think that they make a step in the right direction and that they will support increased efficiency in this very important European institution. They should also help to prevent a further backlog of cases building up before the European Court of Justice and the European Civil Service Tribunal. There has been a considerable problem for the General Court, as pointed out by the committee and as highlighted graphically by my noble friend Lord Bowness this evening.
If I may meet the challenge put by the noble Lord, Lord Liddle, it is absolutely clear to us that an effective and efficient Court of Justice of the EU is in our national interest. British businesses rely on the timely administration of justice within the context of the single market, and a single market that is able to operate effectively is as crucial now as it ever was as we seek to restore the growth and confidence required to build Britain’s prosperity.
Therefore, the Government will continue to work on wider efficiency reforms to the Court of Justice of the European Union, as indeed they will continue to do in relation to the General Court. Those things will have to be taken carefully but we will press on with them.
I thank noble Lords for their contributions to the discussion. I hope that I have covered every detailed point as well as the general points which I have been asked to comment on. If I have not, I shall of course write to your Lordships. I am grateful for the very clear message that has gone out from this House this evening, and I commend this Motion to the House.
(12 years, 1 month ago)
Lords ChamberMy Lords, I join in thanking the noble Lord, Lord Bach, for introducing this important topic. Like others, I am only sorry that the debate has come at the end of the day and that we have not had greater opportunities, which we may have in the future, for discussing the whole broad canvas of soft power and smart power, and the new techniques in this internet age for developing the promotion of our interests, cultures and values, of which the British Council is a central part.
In fact, I will begin at the end and say simply to the noble Lord, Lord Liddle, that I can certainly give that assurance. Certainly we see the British Council, as many of us have done for decades, as a central part of the promotion of the interests of this nation and, indeed, the promotion of all that we can contribute to world peace and stability. I totally agree with much of what the noble Lord, Lord Bach, said. In fact, a good deal of it was in the speech I was thinking of making, so I do not need to repeat it. I balk only at his point about blindness. That hurts a little, because some of us have for decades been pointing this out, from the days of the famous House of Commons Foreign Affairs Committee report of the 1980s, when I think the phrase “cultural diplomacy” first began to circulate.
As a result of that report, which I had the honour of participating in—although not as chairman of the committee—we have increasingly been pointing out that in the world we are moving into, cultural diplomacy, the promotion of values and attitudes, will be as powerful if not more powerful than ranges of carrier fleets, rockets and heavy military equipment—as the noble Lord, Lord Alderdice, rightly reminded us. This is the pattern for the future, where hard and soft power must be brought together in an agile use of smart power within our resources and in a highly effective way. I agree with much of that.
I pay tribute to the work of the council and its staff, operating sometimes in extremely difficult and dangerous circumstances. This especially applies to its work in recent years in Afghanistan, Libya and Iraq.
I agree with those of your Lordships who said that the council has a global reputation. It has, as the noble Lord, Lord Bach, reminded us, 191 offices in 110 countries, and many millions of people have passed through the doors of the British Council to learn English or to make use of the other services that are offered. It is therefore a key opinion former and shaper. When people think of the United Kingdom, of Great Britain—of what it stands for and what it seeks to do—the picture the British Council paints is part of the important work that we all seek to do. The council is the cultural relations arm of the United Kingdom—of our country. It is aligned to the priorities of the Government of the day, but importantly, it is not part of the Government of the day. Its status—not least its operational status—sets it apart not only from other institutions of ours, but also from its international peers such as the Goethe Institute, the Institut Francais, the Instituto Cervantes, and now, interestingly, the growing number of Confucius Institutes, of which there are now 324 in 94 countries. I think that figure is two years out of date; it is probably more than that now. The Chinese model is very different from our own, I suspect, in its relationship with its government. It is spreading all the time, and in all corners of the earth.
The UK has a remarkable set of soft-power assets. Years ago, in the report I mentioned, we looked particularly at the BBC World Service and the British Council, but of course the whole range of soft-power instruments is far greater. Its central purpose, or aim, or set of tools, is the ability to influence the actions of others through attraction rather than coercion. It is working to exert this influence in order to achieve our national interests in an interdependent world, and to maximise our contribution to the stability, balance and prosperity of that world. In one of his first speeches when he took office, my right honourable friend the Foreign and Commonwealth Secretary talked of a networked world where connections between groups and individuals across the globe are a key part of the relations between nations. It is not just a matter of government to government, diplomat to diplomat, but of engaging fully with all sectors of society on a basis of mutual respect.
In the United Kingdom we seek to foster and strengthen these connections, and it is in this that the British Council can play such a key role. The message of the debate this evening has been perfectly clear; it is certainly one that I am well aware of and will carry back to all my colleagues in the Government. We see the immense value of the British Council, and obviously there is a wish that its funding and support is not attenuated.
People know that talking to the British Council is not the same as talking to the British Government, and that this opens up new avenues for engagement. Some who engage with the council will obviously be less willing to engage with the British Government; that is inevitable. So I will highlight that essential role and, incidentally, highlight one particular aspect of it, and that is the role of the Commonwealth network and how the British Council interrelates with it.
We have talked about linkages and common values, and of course the Commonwealth is an exemplar par excellence of that. It gives this country a unique advantage which many other countries envy. The British Council works in the majority of Commonwealth countries to reinforce the bond of trust through education, the arts, English language programmes and many other aspects. In fact, the British Council ran the Connecting Classrooms programme which led up to the Commonwealth Heads of Government Meeting in Perth last autumn. It works closely all the time with Commonwealth institutions and expects to be active in the UK in the build-up to the Commonwealth Games to be held in Glasgow in 2014.
There is no question but that this Government, like the previous Government, see the British Council’s main objective as building trust between countries and peoples and cultural relations between countries, and to improve the level of understanding between their peoples as well as provide a common space in which to meet and engage with each other. This in turn increases the level of trust between them. As the noble Lord, Lord Kinnock, pointed out in his eloquent intervention, the council states in its annual report that it has worked face to face with 12.5 million people in the calendar year up to 2011-12, which is an increase of 2 million compared with the year before. Overall, as the noble Lord again pointed out, the council has engaged with 35 million people world-wide. These are achievements that it can be proud of and they go hand in hand with a tribute that I am glad to pay to the noble Lord and to the previous chairmen of the British Council, and of course to those who are now operating with it. I concur with the remarks made about Mr Davidson, who has been extremely effective. I have more than once had the privilege of meeting him and discussing the council’s work.
The council’s work in promoting Britain has brought more and more visitors to these shores. They come to study here, to invest here, and to understand and embrace our culture. It has also helped countless others to build enduring links with this country. Something which I do not think is always understood outside—the noble Lord, Lord Alderdice, was right to say that its work and its nature are not as widely understood as they should be—is that, unlike many of its international counterparts, the British Council has two sections: there is the work that is funded by the FCO through the grant in aid, about which I shall say more in a moment, and there is the work which is directly tied to cultural relations. By far the lion’s share of the council’s present income comes from its commercial work. The noble Lord, Lord Kinnock, and others have described how that has been built up with immense success. Its English language teaching, its examination services and, increasingly, its work in managing contracts have all been areas of growth. However, I should emphasise that there is a firm division between the two sorts of work, and each year the council’s auditors certify that their full cost recovery work is not subsidised by the Government.
Like all publicly funded bodies, the council has had to play its part in helping achieve the Government’s fiscal consolidation plans. I know that there is endless debate and challenge about the nature of those plans. I have to say that when the council’s grant in aid was cut under the 2010 spending review, that was not done with enthusiasm by someone wishing to make cuts, but under the dictate of the grim necessity of sharing the burden and making proportionate cuts. We accept fully that this has presented the council with a serious challenge. It is clear that it has risen to that challenge. It has restructured its operations and reduced staff numbers. It has found new ways of working efficiently and effectively.
The British Council has committed itself to ambitious expansion plans, increasing the turnover from £707 million in 2009-10 to £969 million by 2014-15. That naturally means that the grant in aid will fall as a percentage of the total from 26% to 16%. That sounds dramatic, but overall this is the language not of contraction but of expansion. The budget is set until the end of 2014-15.
We have not started on the process of discussing the next spending review, but the Foreign and Commonwealth Office will ensure that the British Council is kept engaged throughout the process. As your Lordships will recognise, it is impossible to say what any new budget levels will be. I say to the noble Lord, Lord Jay, that designating part of the FCO expenditure as ODA-able does not make any difference to the size of the expenditure or where the money comes from; it merely, as I say, designates part of our expenditure on the grant in aid as contributing towards the total overseas development assistance of the nation. We believe that the current restructuring of the British Council will provide a firm basis for its future expanding operations. We are confident that the council is maintaining the right balance between its work in English, arts and education and society, and that all of its activities contribute to its charitable purposes.
I reassure the noble Baroness, Lady Grey-Thompson, after her very moving speech, that the British Council will not merely carry on but can be a more dynamic and effective partner in our national endeavour—as it has already been over the past 78 years. Its first charitable objective states, as the noble Lord, Lord Bach, reminded us, that it shall,
“promote cultural relationships and the understanding of different cultures between people and peoples of the United Kingdom and other countries”.
Therefore, I congratulate the British Council on the immense success it has had so far. We believe that this success can be built upon despite the economic difficulties that we face at the moment as a nation. We believe that its work can adapt to the changing world in which we live. I am confident that the council will continue to spread through the world the values that we hold so dear. I once again reassure your Lordships that the Government are fully apprised of the value of this spearhead of our reputation, our soft power, in a dangerous and difficult world.