Nuclear Non-Proliferation Treaty Review Conference 2015

Lord Howell of Guildford Excerpts

Thursday 26th April 2012 Lords Chamber

[Baroness Miller of Chilthorne Domer]

To ask Her Majesty’s Government what are their priorities for the forthcoming session of the Preparatory Committee for the 2015 Nuclear Non-Proliferation Treaty Review Conference in Vienna.

[The Minister of State, Foreign and Commonwealth Office (Lord Howell of Guildford)]

My Lords, the first non-proliferation treaty preparatory committee of this review cycle is an opportunity for state parties to reaffirm collectively their support for the non-proliferation treaty. It is also the first opportunity to review the implementation of the action plan agreed at the 2010 NPT review conference. We hope that states will come ready to discuss progress made so far. The UK has taken a number of important disarmament steps since the 2010 conference, and we continue to give the highest priority to reversing the spread of nuclear weapons, keeping them out of terrorist hands and cutting their numbers worldwide.

[Baroness Miller of Chilthorne Domer]

I thank my noble friend for his reply. Does he share my concern that, worldwide, momentum seems to be going in the wrong direction? In fact, hundreds of billions of dollars are being spent on modernising weapons systems, increasing the number of weapons in many countries. It is one of the few things that seem to have escaped austerity cuts in spending. How does my noble friend think that we can revive the focus, particularly the political focus, on this crucial issue of non-proliferation?

[Lord Howell of Guildford]

My noble friend is quite right to be concerned at some of the trends. In answer to her question about what we can do, we are taking a whole range of steps and can do more. Of course, we led the way with the P5 conference process in Paris last year. We reduced the number of warheads on our submarines and reduced operationally available warheads and our nuclear stockpile. We carried forward the verification discussions with Norway and are progressing the nuclear-free zones for south-east Asia. We welcome the arrival of Mr Jaakko Laajava to drive forward the Middle East nuclear weapons-free zone. We have also encouraged the signing up of the additional powers for the IAEA. There is a lot that we can do individually, but best of all we can work with our NPT partners and others to make sure that the review process carries forward and the action plan of 2010 is given real beef and muscle.

[Lord Wright of Richmond]

Can the Minister confirm that the range of steps to which he referred includes trying to persuade Israel to sign the non-proliferation treaty?

[Lord Howell of Guildford]

Yes, it certainly does. As we move towards the next review conference, we would of course like to see clarified Israel’s position on nuclear, which is ambiguous, as the noble Lord knows, and for Israel to sign up to the NPT.

[Lord Browne of Ladyton]

My Lords, I remind the House of my entry in the register of interests, in particular my engagement in a number of multilateral nuclear disarmament organisations. The Minister will be aware that the worst aspect of the nuclear order in the modern world, now 20 years after the end of the cold war, is that there are thousands of nuclear weapons on high alert status. Indeed, in arsenals not only in the United States and Russia there are weapons ready for use within minutes, in some circumstances on warning of a possible attack and not just minutes after an attack is known. It seems highly improbable, given that President Obama took months to decide to send troops to Afghanistan, that he is comfortable with that position. What steps are our Government taking with our allies to reduce this dangerous situation in the world, because it is totally unnecessary?

[Lord Howell of Guildford]

The noble Lord is absolutely right about the concerns. Obviously, we welcome the signs that Russia and the United States, which after all hold 95 per cent of these weapons—although other countries certainly have dangerous weapons as well—are moving towards some further resumption of the START negotiations. That would be very good. Over and above that, we continue to take the lead in the P5 process. Disarmament is one of the key three pillars of the NPT regime, along of course with non-proliferation and peaceful use of nuclear energy, and our full emphasis and efforts are applied to it. But obviously the big reductions in numbers must come through Russian and American action, which we greatly welcome and support.

[Baroness Williams of Crosby]

My Lords, while accepting what my noble friend has just said, does he not agree that the number of weapons in the arsenals of the non-NPT nuclear powers is growing very fast indeed, particularly in Pakistan, and as far as we know in Israel and India? Can he suggest any way in which we could raise at the prep con the issue of including the non-NPT nuclear powers within some structure of, for example, longer warning periods, because this is beginning to undermine the confidence in the NPT itself?

[Lord Howell of Guildford]

That, as my noble friend points out with her considerable experience, is the danger: that the non-signatories to the NPT—the non-state parties—will carry on on their own path. We must and intend to work, both at this preparatory conference and at the next review conference, to urge these countries to sign up to the NPT and observe the necessary responsible actions to join in the world movement to reduce nuclear weapons. It is very difficult and there are all sorts of political subcurrents, as my noble friend knows. There are many complications, of which the imbroglio over the Middle East, the position of Iran and Israel and many other issues are a part, but we keep working at it.

[The Lord Bishop of Bath and Wells]

My Lords, many of us on this Bench recognise that it will take time to achieve the vision of President Obama, set out at the Prague conference, for a world without nuclear weapons. However, does the Minister accept that President Obama’s vision has generated enthusiastic hope and interest in that process, and that there is much longing for progress to be made on this issue? What steps are the Government taking to reach out to this Prague generation ahead of the prep con in Vienna, and what steps are they taking to engage with young people on international non-proliferation and security issues more broadly?

[Lord Howell of Guildford]

The key word is steps. It has to be done step by step. It would be nice to think that we could move directly towards the goal of a nuclear-free world, but we know that any attempt to move in that direction would be met with non-participation by large numbers of people, and possibly distract us from the overall aim of moving step by step to nuclear disarmament. The measures I have outlined already in detail to your Lordships are part of this step-by-step approach, which we have pursued and will continue to pursue with vigour. As to the message to younger people, we all share a responsibility for bringing home to the present and next generation the enormous dangers of allowing proliferation to continue, and of people being too relaxed and saying that certain countries should have nuclear weapons if they want. If they do, the matter will spread. It will not be contained, and we will have a much less stable and more dangerous world.

Lord’s Resistance Army

Lord Howell of Guildford Excerpts

Monday 26th March 2012 Grand Committee

[The Minister of State, Foreign and Commonwealth Office (Lord Howell of Guildford)]

My Lords, I think we are all extremely grateful to the noble Lord, Lord Alton, for raising this important and, in many ways, grim topic. He is right—so are several other noble Lords—that the unprecedented and astonishing response to the “Kony 2012” campaign has highlighted the British public’s strength of feeling about the Lord’s Resistance Army and its appalling activities. The UK Government completely share that concern. We utterly condemn the atrocities carried out on the orders of Joseph Kony.

I am pleased that the dreadful human suffering at the hands of the LRA is getting increased public attention. I welcome that, as did the noble Lord, Lord Alton. I assure your Lordships that the UK Government remain very actively involved. We continue to work with international partners to disband the LRA and to bring to justice Joseph Kony and the other LRA leaders who have been indicted by the International Criminal Court. However, we should recognise that apprehending Kony has not been, and will not be, an easy task. The noble Baroness has rightly just warned us that although the LRA may be diminished in number, it remains an extremely dangerous operating force, casting a deep shadow over the entire vast region. It is estimated that there are about 300 remaining fighters operating in a huge area, across remote and immensely hostile terrain. Previous military attempts to stop the LRA have always resulted in brutal revenge attacks, casting a paralysing feeling of terror over the whole area. A concerted international effort is certainly therefore still required to bring Kony to justice, and the UK is playing a key role in this.

The UK leads on the LRA at the UN Security Council. I say to the noble Baroness, Lady Cox, that we are taking a very active role there in bringing the issue to the fore. We secured the UN Security Council presidential statement of November last year, which has tasked the UN to deliver a coherent, co-ordinated and results-focused regional strategy to combat the LRA. We have pressed for better co-ordination and intelligence-sharing between the UN peacekeeping operations—MONUSCO—which are mandated to provide protection for civilians who are at risk from the LRA. The UK is an active member of the international working group to co-ordinate the international response to the regional problems of the LRA. We have pushed for increased co-operation among regional Governments to bring Joseph Kony and other LRA leaders to justice. We will continue to discuss the issue with Governments in all the countries affected by the LRA.

Our contributions through the EU have been instrumental in supporting the EU’s multifaceted approach to the LRA. The aim is to ensure that the struggle against the LRA is pursued on the civilian front as well as the diplomatic and military front in a comprehensive way. With the support of international partners, including the EU, the African Union has been able to develop a regional counter-LRA operation, which includes a regional task force—an operation constituted of Ugandan, Congolese, South Sudanese and Central African Republic troops in the region. We speak to the ICC regularly and provide it with updates on the pursuit of Kony. Noble Lords have raised the ICC issue, on which there may be time to make a further comment.

The noble Lord, Lord Alton, asked whether DfID’s aid was associated with conditions. DfID’s aid to the DRC is on an enormous scale—£790 million over the four years 2011-15. The programme covers a diverse range of issues, including work to improve standards of transparency in the trade in natural resources, support to promote economic development through improved networks of roads, better access to education and work to reform the security sector to make it better administered and more accountable. I have to qualify what I say, but I hope that meets most of his concerns on that front.

I wish to say a brief word about the ICC, which was raised by the noble Lords, Lord Bates and Lord Marks. The broader issue of why the ICC is not signed up to by great powers such as the United States and China is a matter that we have debated fully. I would love to have more time to speculate with the noble Lord, Lord Bates, on why the USA will not sign up to it. It expressed its fears at the time and we have debated them since in the Chamber. I must leave the issue there, but he is absolutely right that it remains a great hole in the entire ICC system.

The noble Lord, Lord Alton, also asked who funds the LRA. We are advised that there is no particular outside source of funds. It just grabs resources from civilians, villages and from wherever it can. Who arms the LRA? The answer is that it attacks check points and seizes caches of arms and weapons. Again, we do not have any evidence of any systematic outside help on that. Why is there no pooled intelligence? There is now pooled intelligence. The joint intelligence operation centre in Dongo has now started and we seconded an officer there about a year ago. The British officer is a major director of the operation there and, of course, we fund him. As for the protection of the civilian population, it is reasonable to ask why it has all taken so long to get these things organised. We now have the MONUSCO disarmament and repatriation programme and the AU’s regional task force has now formed and is now deploying. Indeed, it is just starting work this week by setting up operations in South Sudan. As we are debating this matter, it will open in a few days.

Many other fascinating points were raised by people very closely concerned with this. My noble friend Lady Berridge asked why there was no reward for capture. The difficulty is that there are so many militias and groups searching around for Joseph Kony, including those now getting organised through the AU and MONUSCO, and so many different sources of intelligence. There is also such terror in the villages about he what will do to them that I am not sure that that would work, but it is an interesting idea to put forward.

Can we do a lot more in Uganda? We certainly can do more, although the aid to Uganda programme is very extensive at the moment. I have a long list of the different programmes of support, which there is no time to read out, that have been pushed by DfID in committing £100 million to post-conflict development in northern Uganda over the current five-year period: building legitimacy and improving the capacity of local government to deliver services to the public; supporting government, civil society and communities to engage in peacebuilding and reconciliation, and many other matters that are simply impossible to recite in the time available. The noble Lord, Lord Parekh, spoke eloquently about the issue, as did the noble Earl, Lord Sandwich, who said that we should do more in Uganda. The noble Lord, Lord Marks, also mentioned the ICC issue. The noble Baroness, Lady Kinnock, spoke with considerable knowledge of the area.

I reiterate the importance of the work that the UK is doing, alongside the international community, in bringing this individual—or monster, as some call Kony—to justice. We are working with the UN, the AU, the EU and the ICC constantly to that aim. We provide aid to reduce the threat of the LRA. In this financial year alone, we have contributed £384,000 to MONUSCO’s demobilisation, disarmament, repatriation and reintegration programme. Through DfID we have committed £100 million, as I mentioned, to promote development of northern Uganda as it recovers from two decades of horrific war with the LRA. This five-year programme is half way through and showing some impressive results, such as a lowering of poverty levels in the region. Through this programme we have worked with the Government of Uganda’s peace, recovery and development plan for the north, which has allowed the vast majority of people who have been displaced by the LRA’s activities to return home.

We will continue to work in the region through a wide range of activities to ensure that civilians are protected and can go about their lives without the threat of the LRA. I want to reaffirm the United Kingdom’s commitment to working with our regional partners and the wider international community to bring an end to the LRA’s reign of terror and to bring Joseph Kony and his leaders to justice. I thank noble Lords for their attention, the noble Lord, Lord Alton, for raising the matter, and all your Lordships for speaking so eloquently.

Maldives

Lord Howell of Guildford Excerpts

Thursday 22nd March 2012 Lords Chamber

[Lord Risby]

To ask Her Majesty’s Government what is their assessment of the current political situation in the Maldives.

[The Minister of State, Foreign and Commonwealth Office (Lord Howell of Guildford)]

My Lords, we remain concerned about the situation in the Maldives. We agree with the Commonwealth Ministerial Action Group that early elections are required to establish confidence in the legitimacy of those who govern the country. We welcome the appointment of Sir Don McKinnon as the Commonwealth’s special envoy. We are pressing for all sides to show calm and restraint and to work towards a sustainable political solution.

[Lord Risby]

My Lords, the image of the Maldives as a tropical tourist paradise is indeed correct but it was not a democracy until 2008, when elections finally took place. The individual who was selected as president by the people of the Maldives, Mohamed Nasheed, had suffered personal abuse and imprisonment and had exile in this country—a terrible personal saga. A few weeks ago he resigned, clearly under duress, and the new Government are unwilling to hold elections. If democratic underpinnings and democratic consent are the basis of the Commonwealth, unless these elections take place quickly, should not suspension of the Maldives from the Commonwealth be considered?

[Lord Howell of Guildford]

My noble friend is very close to the situation and has followed it over the years. On the last part of his question, it is for the Commonwealth as a whole, not for an individual member, to decide about membership. That is a decision that the Commonwealth comes to when it judges it appropriate. That has not arisen so far in this case, but the rest of my noble friend’s analysis is exactly right. We must move to encourage democratic elections, and that is what is proposed in the India-brokered plan, which we welcome and support, for there to be early elections. So far a commission of inquiry has been established, a special envoy has been appointed, the Commonwealth Ministerial Action Group was there last month on a fact-finding mission and our own high commissioner was there last week. My noble friend is right that elections are what are needed to establish legitimacy.

[Lord Bilimoria]

My Lords, I was privileged to get to know President Nasheed very well and was impressed by that young, dynamic world leader. As a member of the Commonwealth, are the Government doing enough to ensure that there is a genuine independent international inquiry into what happened, which some say is tantamount to a coup? Do the Government agree with that and will they press for early elections? That has to be the best solution.

[Lord Howell of Guildford]

We do not recognise this as a coup, although obviously there has been a change. Mr Nasheed is known to many people and greatly admired. We still need to establish the full circumstances of what occurred and we hope that the commission of inquiry will do that. Yes, the pressure is on: the Commonwealth, through Don McKinnon and others, is pressing very hard that there should be early elections and that it should be established who the legitimate Government of the Maldives are. We can then proceed calmly to repair the damage and see that the situation is restored so that the Maldives, as my noble friend has said, remains the paradise and attractive tourist area that it has always been and continues to be, because at the moment we do not judge that there is any danger in the tourist areas.

[Lord Anderson of Swansea]

My Lords, is it not encouraging that the Commonwealth, true to its proper role, is playing such a positive and key part—just as, for example, Chief Emeka Anyaoku did as Commonwealth Secretary-General over South Africa? Is it not therefore disappointing that the Perth CHOGM failed to reach agreement on an enhanced role for both the secretary-general and the secretariat as a whole? Is there any positive progress regarding the role of the secretariat and the secretary-general, or might it emerge over the coming year?

[Lord Howell of Guildford]

Yes, but the position is not quite as the noble Lord described it. They did not fail at the Heads of Government meeting to reach agreement; in fact, they agreed on a whole range of reinforcement of the upholding of standards in the Commonwealth by the Commonwealth Ministerial Action Group and the new mandate for the secretary-general. The action in the Maldives is a welcome demonstration of what I hope is a much more active role to come. A whole range of other proposals put forward by the Eminent Persons Group is being discussed. The proposals have not been shelved. They are to be discussed by a ministerial task force and analysed further when Commonwealth Foreign Ministers meet in the autumn to take them forward. My hope is that a great many of them will be implemented. Some remain difficult, I fully agree, but generally, there is a huge surge in commitment throughout the Commonwealth to be a body that truly upholds its standards of democracy, human rights, good governance and the rule of law.

[Lord Avebury]

My Lords, has it now been agreed that the committee of national inquiry which has been formed to investigate the legality of the transfer of power in February should be reinforced by a person nominated by the United Nations? Secondly, will the CMAG at its meeting in April look into a plan B in the event of it being unable to persuade the parties that elections should be held before the end of the year?

[Lord Howell of Guildford]

Both those propositions are really up to Sir Don McKinnon, the special envoy. He has been in the islands, in Male, in the past few days; I think he leaves today. He will be looking at precisely those points. Our hope and determination must be that elections are brought about. If they are not, of course we would have a new and more difficult situation that would require further resolution and effort. For the moment, we concentrate on following the plan which the Indians have so helpfully brokered.

International Criminal Court: Rome Statute

Lord Howell of Guildford Excerpts

Thursday 22nd March 2012 Lords Chamber

[Baroness Stern]

To ask Her Majesty’s Government what action they intend to take to raise awareness of the work undertaken by the International Criminal Court, and to provide support for it, in this 10th anniversary year of the coming into force of the Rome statute.

[The Minister of State, Foreign and Commonwealth Office (Lord Howell of Guildford)]

My Lords, the International Criminal Court is now a cornerstone of the international criminal justice system. Since 2002, it has opened seven investigations and 15 cases have been brought before the court. It delivered its first verdict last week in the case of the Congolese militia leader, Thomas Lubanga. We are currently discussing options on how to mark the 10th anniversary occasion. I shall write to the noble Baroness with details once they have been finalised.

[Baroness Stern]

I thank the Minister for the support that the Government give to the International Criminal Court, which I am sure is widely welcomed in this House. The Minister will know that 118 countries have ratified, representing all regions of the world, but there are some notable absentees from the list: the United States, China, Russia and India. Does he agree that the ICC would have much more global authority if those countries decided to ratify? Have the Government made representations to those four countries about ratifying? If so, what was the outcome of those representations?

[Lord Howell of Guildford]

I am grateful to the noble Baroness. My brief says 120 countries, not 118, but she may be right. She is quite right to say that some key countries are not signatories. She mentioned the United States, China, India and Russia; there are also Pakistan and Turkey and some others, including Syria. Obviously, the more signatories come on board, the more effective the ICC will be in future. Do we make representations? At all times. It is known in ICC circles and international circles that it would be good to get those countries to sign. The noble Baroness asks about the response. I have to say that, so far, in relation to the United States in particular, there is not a very encouraging response. There are real internal difficulties in those other countries and in the United States which prevent them signing at the moment, but we will keep pressing.

[Lord Marks of Henley-on-Thames]

Does my noble friend agree that future successful referrals to the court are imperilled by the absence of the countries that the noble Baroness mentioned and also those that he mentioned? By way of example, what steps have been taken to secure commissions of inquiry into crimes committed in Myanmar and in North Korea, with a view to UN Security Council referrals to the court in respect of crimes against humanity in those two countries?

[Lord Howell of Guildford]

My noble friend has mentioned two more countries that are not signatories: Burma and North Korea. In reality, the only way that the ICC can raise charges, commence prosecutions or anything similar with regard to non-signatories is through a resolution from the UN Security Council. That would have to be the way forward, as it was, for instance, with Libya, Sudan and Darfur. So if the UN Security Council could agree, there could be a reference to the ICC in relation to Burma and North Korea. However, my noble friend knows as well as I do that the UN Security Council has differing opinions within it; and on many issues, including the sort he has raised, there are problems.

[Lord Morris of Aberavon]

My Lords, one of the driving forces for the passing of the Rome statute and the setting up of the International Criminal Court was Labour’s Foreign Secretary, the late Robin Cook, whom I had the privilege to support as Attorney-General. Regrettably, as we have been reminded this morning, the United States has failed to ratify it. Given the recent emphasis placed on the special relationship during the Prime Minister’s visit, what specific steps have been taken by Her Majesty's Government to persuade our American friends to become members of the court so that there is a venue recognised by most major states for the trying of international wrongdoers?

[Lord Howell of Guildford]

The noble and learned Lord is quite right that Robin Cook was the driving force when we took the legislation through the House—with support from both sides; I was sitting on that side at the time—for setting up this remarkable body. The court is getting going but that takes time, so many of the crimes and horrors of the past are still being tried under previous legislation and therefore in separate courts. However, the ICC is making progress. What can we do about the non-signatories, particularly our allies and friends in the United States? They know perfectly well our views. For reasons that I have mentioned—or hinted at—to do with internal pressures in the United States, they have not signed; and frankly, I think that they are not very likely to. However, in terms of co-operation and help in making the operations of the ICC work, the United States has been extremely constructive and extremely helpful.

[Lord Alton of Liverpool]

My Lords, is the Minister aware that, two weeks ago in Parliament, Dr Mukesh Kapila, a former British and United Nations official, talking about South Kordofan, said that the second genocide of the 21st century is now unfolding, with more than 1 million people now affected? The area is being bombarded and people are being raped and being killed. Given that the International Criminal Court has indicted the head of state in Sudan, Omar al-Bashir, and also the governor of South Kordofan, Ahmed Mohammed Haroun, for war crimes and crimes against humanity, how can we continue to justify full diplomatic relations with mass murderers and fugitives from justice? What is being done to assist the ICC in enforcing arrest warrants in those cases?

[Lord Howell of Guildford]

Diplomatic relations, as the noble Lord knows from his great experience, are always a dilemma. If you break relations off completely that will be the end of contact and the opportunity to influence. Sometimes that is necessary, but we have to make a careful judgment; and that is the one that we have made so far on this matter. As for the International Criminal Court’s jurisdiction, it is quite right that the charges are outstanding against President Bashir. I think that there would have to be a further UN Security Council reference to the ICC for it to go ahead in examining these other alleged horrors and atrocities. I do not for a moment doubt what the noble Lord says about the horrors that have been going on—I think that they have been going on. It may be that the process will get under way. However, that is the only path through which we can get the ICC qualified. It cannot itself take an initiative without the support of the established procedures through the UN.

[Baroness Kinnock of Holyhead]

My Lords, we should of course welcome the conviction this week by the ICC of Thomas Lubanga, who was found guilty of terrible rapes and murders in Congo. Does the Minister agree that the conviction represents real progress for international justice and confirms that the judges of the ICC were scrupulously fair? Does it not also raise questions about the work of the court? Should it learn lessons from what the judges called a flawed investigation and prosecution? The pre-trial detention of the prisoner for seven years was one example of that inefficiency.

[Lord Howell of Guildford]

The noble Baroness is right; there are lessons to be learnt. Certainly when I looked at the briefing I, too, remarked that it was extraordinary that we had set up the court in 2002 and the first conviction had come almost 10 years later. There must be ways of speeding up these things. However, the cases are immensely complex; all sorts of political pressures are brought to bear before people can be indicted at The Hague; and there are great difficulties in getting some of these people located, charged and transferred to The Hague. Certainly there are lessons to be learnt, and improvements can be made to make this an even more effective organisation in future.

Her Majesty the Queen’s Diamond Jubilee: Commonwealth

Lord Howell of Guildford Excerpts

Tuesday 20th March 2012 Lords Chamber

[The Minister of State, Foreign and Commonwealth Office (Lord Howell of Guildford)]

My Lords, the United Kingdom is committed to the Commonwealth and is working with the secretariat, member states and associations to modernise this 21st century network and help it realise its extraordinary potential for the direct benefit of all its members, not least the United Kingdom. This Diamond Jubilee year is also a celebration of Her Majesty’s 60 years as Head of the Commonwealth. A range of special events is being held across the Commonwealth in tribute. The recently launched Queen Elizabeth Diamond Jubilee Trust fund will benefit all Commonwealth citizens.

[Baroness O'Cathain]

My Lords, today we have had a memorable endorsement of how much the Commonwealth means to Her Majesty, who has done more than anybody else to unify it, and a reminder that it encompasses some one-third of the world’s population. Will my noble friend assure us that he will do all he can to ensure that the Commonwealth becomes much more relevant in our deliberations? It is a fast-growing, young market eager for greater involvement with us, without demanding more and more regulation.

[Lord Howell of Guildford]

I very much endorse what my noble friend says; she is quite right. I am very glad that she puts it in those terms. I am myself convinced that the Commonwealth network today, in both its formal and informal linkages right across the planet, is the key to huge new markets, on which our own prosperity will depend, as well as being the promoter of our values. It is also a very youthful organisation. More than 60 per cent of the citizens of the 2 billion-member Commonwealth are under 25.

[Lord Morgan]

One of the Commonwealth’s truly important and precious links with this country is through higher education. Is it not the case that many Commonwealth countries—for example Malaysia, and also India—find immigration restrictions extremely difficult for them in terms of bona fide students coming to this country? Do they not also resent bona fide students being categorised under immigration policy rather than education policy? Should we not try to amend matters in this regard?

[Lord Howell of Guildford]

The noble Lord is quite right that educational links are extensive at the university level and, indeed, between schools all over the Commonwealth. He is also right that the visa issue has raised further questions. The aim, as he knows, is to cut out the bogus students, the non-studiers who claim to be students, but greatly to encourage Commonwealth exchange of students—both ways, if I may say so; not just students coming to this country but also students going to the great new technical universities of Asia and Africa which in many cases equal and even excel our own. So there is a need for all this. We are working all the time to see that the visa system, which is necessary, makes the minimum impact in delaying this growing exchange of students, pupils and young people throughout the whole Commonwealth.

[Baroness Prashar]

My Lords, Her Majesty the Queen said this morning that the strength of the Commonwealth is its people. How vibrant they are was only too evident at the Commonwealth People’s Forum in Perth at the Heads of Government Meeting last year. Will the Minister please tell the House whether Her Majesty’s Government are planning to support the non-governmental organisations that are working in this country to develop and enable constructive connections between the peoples of the Commonwealth?

[Lord Howell of Guildford]

I say to the noble Baroness, who herself has played a leading part in the promotion of the Commonwealth network, that that is certainly the aim of Her Majesty's Government. Commentators sometimes overlook that the Commonwealth is not just yet another intergovernmental organisation; it is a gigantic web of non-governmental and professional organisations, institutions, school links and every other kind of professional and interest link, which makes it absolutely unique and provides this country with the most marvellous potential soft power network that we could possibly have.

[Lord Chidgey]

Does my noble friend recall that at the Commonwealth Heads of Government Meeting in Perth, Australia, at the back end of last year, the Commonwealth Eminent Persons Group submitted a report on Commonwealth reform, which was widely accepted? Can he tell us—it is now four months later—what actions have been taken to monitor the implementation of those agreements made at CHOGM so that we can see some real progress, which we all want?

[Lord Howell of Guildford]

My noble friend is right: the commitments were put forward, and many of them were adhered to, at the Perth meeting of the Heads of Government which I attended, while many others were remitted for further work. The next stage is a ministerial task force to carry those ideas forward. Ideas for strengthening the values and standards of the Commonwealth, as well as strengthening many of its other aspects, will be for the task force, and then later in the autumn the Foreign Ministers of the Commonwealth will meet to implement and carry those ideas forward. Not all of them are totally agreed—in any family there are bound to be some differences—but the broad thrust is to promote and uphold the Commonwealth standards in democracy, human rights, good governance and the rule of law.

[Lord Pearson of Rannoch]

My Lords—

--- Later in debate ---

[Baroness Hollis of Heigham]

I am grateful, my Lords. Perhaps I may follow the question raised by my noble friend Lord Morgan. Would the noble Lord, Lord Howell—I am sure that he would—remind his colleagues in the Home Office that 60 per cent of those coming in under Immigration Rules are students, and that of those who enrol for bona fide three-year degree courses, 98 per cent return home on time and legally? That is to the mutual advantage of our universities, which receive their fees, and of the Commonwealth universities which acquire the expertise that we can offer them. Will he please remind his Home Office colleagues of the need to discriminate in favour of those who enrol for full-time, three-year degree courses?

[Lord Howell of Guildford]

The short answer is yes, I am very happy to remind the UKBA and any other authority of those kinds of figures. I am sure that the noble Baroness will not overlook the fact that despite questions having been raised about visas, which I fully admit, there are thousands and thousands of overseas students in this country—an enormous number from non-Commonwealth as well as Commonwealth countries. So our role and performance is not all bad—in fact it is extremely good—but there is always more that can be done. I am very happy to join with those who point out the enormous benefits of getting more and more genuine students to visit this country and to return and benefit our promotion and reputation in the future.

[Lord Pearson of Rannoch]

My Lords, is it not now clear that we took the wrong road away from the Commonwealth in 1972, as the noble Baroness, Lady O’Cathain, has indicated in her Question, when we joined the project of European integration? Would we not have done better to lead the Commonwealth in free trade and friendly collaboration, and could we not still do so, thus benefiting from the markets of the future instead of being stuck on the “Costa Concordia” that the modern EU has become?

[Lord Howell of Guildford]

These aspects of being a good member of the European Union and an effective member of a reinvigorated Commonwealth are by no means exclusive; on the contrary, they go together. We can ensure that although our trade may be handled mostly by the European Union, our investment, all our other links and our movements of capital are not so limited by the European Union, and it is through those links that we can maintain excellent contact. At the same time the rest of the Commonwealth is developing its own intra-Commonwealth trade at a fantastic rate, and all these developments benefit the United Kingdom.

Libya

Lord Howell of Guildford Excerpts

Monday 19th March 2012 Lords Chamber

[Lord Judd]

To ask Her Majesty’s Government what is their assessment of the significance of tribalism in securing a stable and secure future for the people of Libya.

[The Minister of State, Foreign and Commonwealth Office (Lord Howell of Guildford)]

My Lords, we share the transitional Government’s desire for a stable, prosperous and united Libya. This will be most effectively achieved if all groups are represented and have a voice. We look forward to elections in June, which provide an opportunity to achieve this goal. As in any democratic process, we expect groupings to be represented on a variety of themes. This may include tribal factors, but also regional, ethnic, gender and other political factors.

[Lord Judd]

I thank the Minister for that Answer. Does he agree that this underlines the imperative of being certain that, when intervention is made abroad, there is the most thorough study of the history and underlying social structural realities of the country concerned? In this context, what have we learnt from Iraq and Afghanistan that is of relevance to the situation in Libya?

[Lord Howell of Guildford]

Policy-makers seek to learn at all times, but against the noble Lord’s experienced comment I must put the rival comment that circumstances differ enormously in different situations, events, times of history, and as a result of the different histories and past of the countries concerned. We faced in Libya a unique situation: a country that had been in tyranny, had visited terrible crimes on this country, and that was on the verge of further massacres. We should be glad of and applaud the courage of my right honourable friend the Prime Minister and other Ministers when they decided to support from the air the opposition in Libya at the time. It has brought a much happier Libya, as all the statistics show, and it has defied all the so-called experts, who a year ago said that nothing would work and that it would be a stalemate and a disaster. It is nothing of the kind.

[Lord Avebury]

My Lords, my noble friend said last July that the Tuaregs should be able to enjoy the full benefits of citizenship and that we had made representations to the transitional national council to this effect. What steps is the TNC now taking to confer citizenship not just on the Tuaregs but on other tribes who were deprived of documentation under the dictatorship, such as the Toubou, the Awlad Suleiman and the Shaama people? Have we also asked the TNC to amend as a matter of urgency Article 3 of the electoral law, which provides that voters must have held citizenship for at least 10 years? Otherwise, some 200,000 people may be deprived of the vote in the June elections.

[Lord Howell of Guildford]

We have already advised on the benefits of a democracy that allows full rights for voting for the Tuaregs and all Libyans; and we will continue to do so. As to the particular issue of Article 3, I cannot tell my noble friend whether we have raised that specific matter in dialogue with the Libyan Government, but I will seek to ensure that Article 3 is raised if it has not been already.

[Lord West of Spithead]

My Lords, I supported the action in Libya. It was the right thing to do. However, further to my noble friend Lord Judd’s Question, is there not an irresistible logic that if you go into countries—I am not saying Libya per se, but any country—to change a despotic regime that is massacring and killing its citizens, and I understand all the imperatives of that, if the regime that takes its place starts doing the same, we have to go back in again. Would the Minister agree that that is the case?

[Lord Howell of Guildford]

We are at the same point as we were a moment ago: it is different in different countries. I agree that certain responsibilities are required. If the outside world decides to intervene, whether for humanitarian reasons to prevent a massacre or because there is open, recognised and legally agreed international pressure to change a regime, those who intervene must have some responsibility for the regimes that follow. These are agonising decisions, which are different in every case. They are currently very prominent in Syria, where we see hideous atrocities unfolding. The question of how those who care for human life and want to uphold civilisation should best intervene is very difficult, as I know the noble Lord fully understands from his previous responsibilities.

[Baroness Falkner of Margravine]

My Lords, does my noble friend agree that democracy is a far better protector of diversity and pluralism within societies than tribalism, particularly if tribalism leads to conflict?

[Lord Howell of Guildford]

That is unquestionably so. This is the issue that we are now discussing. Libya was and remains a country with many different tribal groups, not all of which necessarily live in tight geographical locations. They are often rather mixed up. Many different forces are at work in Libya, but overall, as a democracy, it is our advice to other democracies that their future will be best assured by pursuing the democratic method.

I should add that the recent survey of what has happened in Libya leaves us with figures that show that 97 per cent of Libyans think that the revolution was absolutely right; 66 per cent support a semi-centralised Government, with ministries spread across Libya; and 79 per cent expect their lives to better a year from now. These are pretty decisive figures, which indicate that if we push for more democracy we are all on the right lines.

[Lord Desai]

My Lords, do the Government have any plans to help Libya to conduct a good election by pointing to the Commonwealth experience in these matters?

[Lord Howell of Guildford]

The Commonwealth experience is available, and I know that there are leaders in the Commonwealth who are quite ready to provide any advice, support and help that they can. The Commonwealth’s role in monitoring and administering elections is particularly valuable where new constitutions are in the making, as in Libya. Commonwealth leaders have certainly indicated that they stand ready to help in any possible way.

Middle East

Lord Howell of Guildford Excerpts

Friday 16th March 2012 Lords Chamber

Moved By

[Lord Howell of Guildford]

That this House takes note of recent developments in the Middle East.

[The Minister of State, Foreign and Commonwealth Office (Lord Howell of Guildford)]

My Lords, the purpose of this debate is to reflect on the momentous events of the past 15 months in the Middle East and North Africa and their implications for our own security and prosperity.

Of course, the past 15 months represent only the very beginning of the process of change. In Syria, appalling violence and instability continue. New Governments in Egypt, Tunisia and Libya need to stabilise their economies, draft new constitutions and meet the expectations of their people. In Bahrain, steps are being taken to implement the recommendations of the committee of inquiry into the violence that went on last year, but this needs to be seen through fully. The important consideration is that change will be a long process—possibly very long. The path was never going to be, and will never be, straightforward. There are enormous challenges ahead, both economic and political, but, as my right honourable friend the Foreign and Commonwealth Secretary has said, the whole Arab spring phenomenon does at least raise the prospect of the greatest enlargement of human freedom since the end of the Cold War and of course of a wider Middle East that could be made up of open, prosperous and stable societies. That is of the greatest importance to us in the United Kingdom and to our interests in that region, and it is a goal worth expending prolonged efforts to move towards and showing great patience to achieve.

Perhaps I may be allowed to share with your Lordships some detailed views on the unfolding scene. I shall comment, first, on Tunisia, where in a sense it all began 15 months ago with the dramatic and tragic death of the fruit-seller, Mohamed Bouazizi. I applaud the remarkable process that the people of Tunisia have made in their so-called jasmine revolution. Following successful elections in October, a new broad-based Government have now been established, and the Constituent Assembly is leading the drafting of a constitution for Tunisia based on democratic values and human rights. We maintain full support for the Tunisian transition and the elected coalition Government. Tunisia is also beginning to take a more active role in foreign affairs, and it hosted the important 24 February Friends of Syria meeting. President Marzouki has recently completed a regional tour of all the Maghreb states, arguing strongly that now is the time to chart a new relationship between these countries. That is encouraging.

I shall say a word on Egypt. There, too, truly historic parliamentary elections represented an important step along the country’s path to change. We welcome continued progress on the political transition, including the announcement of presidential elections during May and June, and the transfer of power to an elected President by 1 July. Of course, the economic challenge in Egypt is extremely significant. Its faltering economy fails to meet the public’s high expectations for growth, jobs and better standards of living, and that could undermine the process of political reform. Violence over the past year has shown the scale of the problem that the Egyptian authorities must tackle, including the need to build full respect for human rights. We continue to urge the authorities to enshrine human rights in the constitution, including guarantees for minority rights, and to develop the other building blocks of democracy, such as a free media and a vibrant civil society. That is what the Egyptian people want and this is where we can help.

Turning to Libya, the Libyan authorities are making steady progress in their transition to a peaceful and stable country. In June, the Libyan people will have their first democratic elections in 40 years. I think that they can be immensely proud of the inspiration they have given to others around the world, as indeed we are of the UK’s role in supporting them. There is a lot of hard work ahead, including disarming militias, restarting the economy and building government institutions, but in our view Libya’s future is potentially brighter than it was a year ago. It will take time. The issue of how much federalism there is to be in the new constitution will have to be sorted out. However, we will continue to support Libya, especially in dealing with the legacy of the grim Gaddafi era, entrenching the rule of law and preparing for the June elections in close co-operation with the United Nations and other partner countries. It is to be expected that some will be frustrated by the pace of reform, but just over one year on from the beginning of the revolution the future of Libya is firmly in the hands of the Libyan people, where it should be.

As events in Tunisia, Egypt and Libya, which I have mentioned, and more widely have shown, change has been led by the people of the region. It is not for the United Kingdom or any western power to dictate the pace or nature of the change from outside. We must also respect the choices that Arab citizens make democratically through the ballot box. This includes being prepared to work with new elected groups that draw their inspiration from Islam, while holding them to the same high standards of non-violence, respect for human rights and a willingness to respect the outcome of future elections that are expected of others. These things can, have in the past and will in the future, go together.

There is no one model of democracy; it is for the people of each country in the region to determine their own path in accordance with their different cultures, traditions and political systems. That is why we applaud in particular steps taken in states such as Morocco and Jordan, where leaders have initiated gradual reform processes. My right honourable friend the Deputy Prime Minister spoke to Morocco’s newly elected Head of Government, Abdelilah Benkirane, on 20 January to offer his congratulations and the UK’s full support for Morocco’s constitutional reforms. This country also stands fully ready to partner with Jordan as it undertakes to implement the reforms of His Majesty Kind Abdullah. We also look forward to upcoming parliamentary elections in May in Algeria, which I recently visited and where we have high hopes of closer relations. We also welcome the conference organised by the Maghreb countries on border security, which called together all those countries, including Algeria and Morocco, to reach decisions on co-operation.

I will say a word about Bahrain. We are urging the Government there to continue to implement the full recommendations of the Bahrain independent commission of inquiry. However, they must go further and implement political reforms. The Government and opposition parties say that they are ready to re-engage in dialogue, and we call on both sides to begin talks quickly. Agreement between the Government and the trade unions on the reinstatement of workers is a welcome move forward.

A much more difficult scene is found in Yemen. After 33 years as head of state, Ali Abdullah Saleh stepped down and formally handed over power to a new president. This followed the agreed Gulf Cooperation Council-brokered plan to bring about peaceful political change. The UK welcomed the inauguration of President Abbed Rabbo Mansour Hadi. The second phase of transition will not be at all easy. The economy is in disarray after years of intense unrest. Security must be re-established and Iranian meddling, which is clearly evident, must be resisted. The humanitarian crisis is growing and many disaffected parties who have been outside the political process will need to be brought to the table in an attempt to resolve their grievances. However, the opportunity is there and it deserves our optimistic support.

I will come to some more difficult areas in a moment. I will say a word about the role of Turkey, which is of increasing relevance and importance. The events of the past year have reinforced the importance of Turkey. It played a very important role in supporting the NATO mission in Libya. With its stable democracy and thriving economy, it continues to act as an inspiration for countries affected by the Arab spring process. We will continue to work together in the context of the G8’s partnership, agreed at the Deauville meeting, to support political and economic transitions in countries such as Egypt and Tunisia. We welcome Turkey's efforts to share its experience of the political process by inviting those involved in the revolution in Egypt to meet its political parties.

In Syria, which I will come to in more detail in a moment, Turkey is a vital partner. We are working closely together as part of the Friends of Syria group, and at the United Nations, to increase international pressure on the Assad regime to end its violence and improve access for humanitarian organisations. Turkey can also play an important role in encouraging Iran to negotiate seriously on its nuclear problem, and we look forward to the prospect of further talks there.

I come to the very difficult and grim situation in Syria. President Assad and his regime have refused to recognise a central truth. The UN estimates that since protests began in Syria in March 2011, more than 7,500 people—I believe 8,000 is the latest figure—have been killed, including 380 children. The Syrian regime is engaged in a brutal campaign of repression through widespread and systematic human rights violations, including torture and the rape of men, women and children. The registered Syrian refugee population in neighbouring countries now exceeds 30,000, although the actual figure could be much higher, and it is believed that more than 200,000 people have been displaced. We continue to play a prominent role in international efforts to convince the Syrian regime that it must end its brutality. There is no room in the Middle East of the future for butchery of this kind.

We seek a robust Human Rights Council resolution on Syria in Geneva, and are working hard in New York to get the UN Security Council to put its weight behind efforts to bring peace and improve humanitarian access. We continue to call for an immediate end to the brutal repression of human rights, and demand an end to all violence and immediate and unhindered humanitarian access. We support the work of Kofi Annan, the special envoy of the UN and Arab League, to bring about an end to the violence and facilitate a political transition. We also support the efforts of the noble Baroness, Lady Amos, the current Under-Secretary-General for Humanitarian Affairs, who is known to us all. We call on the Syrian Government to implement their commitments to the Arab League by stopping military action, withdrawing their forces from towns and cities, releasing political prisoners and allowing the media access. We strongly endorse what the Arab League and Kofi Annan are doing. The Foreign Secretary recently addressed the House of Commons on the issue and announced the suspension of the service of the British embassy in Damascus and the withdrawal of all diplomatic staff. They have now left Syria. We continue to follow developments on the ground very closely.

I have few minutes remaining, but there is much more to say on the area. We must do all we can to support the people of the region as they build more open and inclusive democratic societies. To this end, we launched the highly praised Arab Partnership Programme to provide both political and economic support to the region. We have committed to provide £110 million over four years. In Egypt and Tunisia, we supported the electoral processes and helped to encourage political debate. I would have liked to share with noble Lords much more what we are doing in facing these issues.

The old dangers also remain, and with your Lordships’ permission I shall return to them at the end of the debate. Obviously, the Middle East peace process remains central; the conflict there is poisoning the whole scene in the Middle East. Our priority remains to bring the parties to negotiation. The ongoing Iranian nuclear crisis remains a cause of a very grave concern, and we are 100 per cent committed to a peaceful resolution of the issue if we can achieve it. There will be further talks with the Iranians, although a time has yet to be fixed.

In the Middle East mosaic there are of course many blemishes and stains. We make no secret of our wish to see gradual reform in great states such as Saudi Arabia. However, we should also note the way in which the states of the Gulf work closely with this country. Everywhere in the region there is genuine and deep affection for Britain. That is why some of the GCC states show a strong interest in links with the Commonwealth, while their trade and business interests turn increasingly to the east and the rising powers of Asia.

I have no more time to expand on what we are doing and intend to do. We can be proud of our role, our diplomacy and our expertise deployed throughout the region—especially, if I may say so, that of the Foreign and Commonwealth Office under the inspired leadership of my right honourable friend the Foreign and Commonwealth Secretary, William Hague. I look forward greatly in the coming debate to hearing your Lordships’ insights into these tumultuous, dangerous and challenging events. I beg to move.

--- Later in debate ---

[Lord Howell of Guildford]

My Lords, as I and, I think, others will have anticipated, this has been a debate of many points of view and many insights, drawn on your Lordships’ colossal experience of dealing with the enormous range of countries that we have covered. I hope that I shall be forgiven straight away if I do not cover satisfactorily all these nations with their situations of change and tumult, but time is the limiting factor.

It was the noble Lord, Lord Williams—who obviously spoke with unique experience in the light of his past employments—who called Syria the eye of the storm. He brought home the ghastly complexity of the issue there and made a grim but, I hope, a realistic comparison with the endless tangles in Bosnia, which took years to unravel. I hope that in a sense his pessimism is wrong when he speaks about the years that it will take for us to see settlement in Syria, but we have to be realistic and he may of course be right.

Many other noble Lords spoke on that issue and I shall try to divide the 20 minutes that I have into commenting mainly on Syria, Iran and the Middle East peace process, and I shall also answer a range of detailed questions from my noble friend Lord Avebury and others. I shall see whether I can get that all in.

The noble Baroness, Lady Symons, in a very well informed speech, asked whether we were liaising with the Arab League. The answer is yes. On Syria, the Friends of Syria mechanism, which has met already and meets next, I think, in Istanbul, is an opportunity for constant dialogue—not merely liaising—with the Arab League about its position. Of course, there are some differences of emphasis within the league, as we know, between those in Saudi Arabia and Qatar, who are more forward in suggesting direct help for the opposition groups, and others who are not so certain. We want the Arab League to formulate its views clearly, and we are working with it at every point to address the issue.

It would be incredible if I said that any of us could see exactly how the Syrian scene will work out. Atrocities have been committed that have appalled everybody; the refugee problem is crowding in at the Turkish border, with talk of mines being laid by the Syrian armed forces; it is clear that Iran is helping to import weapons to support the official Syrian army; and it is absolutely clear from the vivid reports of the noble Baroness, Lady Amos, and others that Baba Amr and other places have been utterly flattened and destroyed in a pattern that is unforgivable.

The noble Lord, Lord Hannay, rightly asked about the position of those who have committed atrocities, and about possible charges in the ICC. I must be careful in the precise words I use to answer him because there are legal constraints. However, as I told your Lordships the other day, we certainly would not rule out referral to the ICC, as suggested by Mrs Pillay. The COI report does not specifically recommend such a referral; nor does the Human Rights Council have the power to refer cases. It would be for the UN Security Council to refer the situation in Syria to the ICC prosecutor. I am told—this is in addition to the point that I made the other day—that it could take anything up to a year before this is clarified.

I have not much to add about the grimness of the situation in Syria. Many excellent and wise points were made by noble Lords. The noble Baroness, Lady Falkner, and the noble Lords, Lord Wright and Lord Chidgey, all spoke about it, and I will not add anything at this stage.

I turn now to Iran. The noble Baroness, Lady Deech, said that it was the great shadow over the area, and of course it is. The universal opinion that clearly comes from almost all sides of this debate is that if we reach the stage of bombing and violence it will be a failure of policy. All options remain on the table; we must be realistic. We have a twin-track policy of putting considerable pressure on Iran through financial measures, including the withdrawal of SWIFT facilities that was reported in the press today and was referred to by one noble Lord. We also have in place the oil embargo, which has its problems but is clearly closing in on Iran. That is the pressure side of the track.

The other part of the track is that there must be engagement and talks. Iran has said that it will come back to talks. The noble Baroness, Lady Ashton, who has taken a very forward and skilled lead in dealing with the matter on behalf of the EU3+3 and the western powers, is negotiating on the timing of a meeting. We can all see the danger; this could be a trap. There could be a lot of talk and meanwhile Iran would plunge ahead with its weaponisation, which would lead to a cascade of proliferation in the whole region and potential disasters of almost unimaginable proportions. That must be prevented. That is our twin track. Firing missiles at Iran would be regrettable at any stage; but as the noble Lord, Lord Haskel, said, doing so now would definitely be the wrong course. The debate about whether Israel could act independently is one that we watch with great unease. We would regard it as a disaster to see any kind of unilateral action of that sort at this stage.

The noble Lord, Lord Anderson, asked what if, despite everything, weaponisation—not merely the capability to build nuclear weapons, but the production of them—goes ahead in Iran. This is hypothetical. It would, of course, be a statement that we had failed, but that is just the put-down answer. This is a danger. Could we go in a completely different direction as the noble Lords, Lord Ramsbotham and Lord Hannay, mentioned? Statesmen must turn their minds towards the ideal of moving to a WMD-free or a nuclear-free zone. All international leaders have made statements saying that that is what they would like to see, but we have to be totally realistic about the difficulties and challenges that would present. I am afraid I have to say from this Dispatch Box that at the moment that lies very far away, almost in the dream category of where one could go if the present twin-track strategy, which we are determined to pursue, did not succeed.

The noble Lord, Lord Hylton, spoke about a different kind of win-win strategy. These are ideas that must be looked at seriously and kept on the table, but the main strategy that we are sticking to at the moment is intense pressure on Iran to bring it to the table, which is now on its way to being step one. The step beyond that is to get it to come clean on its nuclear activities at present and its nuclear military aspirations and to deter it from them.

The third major category of discussion in the debate was to do with the Middle East peace process for Palestine and Israel. We all quote to each other the adage that everything in the Middle East is connected to everything else. Clearly, the peace process and some kind of progress on it, if we can discern any, if there is any hope at all, is connected with the Iran situation, the Lebanon situation and the entire balance of activity and dangers throughout the Middle East.

Let me turn to the MEPP and try to answer some of the questions that were raised by a range of noble Lords. I will not name them all. We are aware that Fatah and Hamas have signed an agreement that President Abbas will become Prime Minister. It is too early to make a detailed assessment of these developments. We will continue to follow the situation on Palestinian reconciliation very closely. Any technocratic Government should be composed of figures who are committed to the principles set by Mahmoud Abbas in Cairo in May last year, who uphold the principle of non-violence, are committed to a negotiated two-state solution and accept the previous agreements of the PLA. We have made it consistently clear that we will engage any Palestinian Government who show through their words and actions that they are committed to the above principles.

We welcome the effort to hold Palestinian elections this year. It will be very important that all sides work to ensure that conditions are in place for the holding of free and fair elections. I know there have been reports that Hamas has shifted its emphasis. Our policy is clear: it must renounce violence, recognise Israel and accept previously signed agreements. Hamas must make credible movement towards these conditions, which remain the benchmark by which its intentions will be judged. That is what we want to make clear on that situation.

We are thankful that the Egyptians have brokered a ceasefire in the recent period of very high tensions. One should not forget that a vast range of missiles, some of very high technical capability, have been rained on Israel by the Palestinian Islamic Jihad and other organisations. Luckily, the Iron Dome technology of anti-missile defence by Israel seems to have prevented 90 per cent of them reaching their targets. Nevertheless, it is obviously intolerable from Israel’s point of view that that should be the challenge. Of course, it will also be said that Israel has applied its force the other way. There is always a balance and there are always two sides to these arguments. It is impossible to say anything that does not slide one way or another.

[Baroness Tonge]

I thank the Minister for giving way but I must point out—I hope that he agrees—that the raining of missiles on southern Israel from Gaza always follows a targeted assassination by the Israeli Air Force. He may not have heard—but I certainly did and I can send him a transcript—the BBC World Service interviewing a teacher in southern Israel who confirmed that fact and said that they always knew when missiles were going to come over because it was always after a targeted assassination.

[Lord Howell of Guildford]

I will not go further into the argument of where it stands. There is of course an earlier riposte to that. Perhaps for once I could just stand on the observation, with which I hope my noble friend would agree, that—I think that the words of Mr Netanyahu were to this effect—if there is quietness on one side, there will be quietness on the other side. There were targeted assassinations; there are constant threats of the elimination of Israel; there are these ripostes by rockets; and there is the position of Hamas, which has stood aside from some of these rocket attacks. All these are pieces of the jigsaw. I will not go further in the judgment because, wherever one stands, it offends one side or the other.

I should say a word about Palestine’s membership of the United Nations. The UK considers that Palestine largely fulfils the criteria for UN membership. We will not vote against the application because of the progress that the Palestinian leadership has made towards meeting the criteria but nor can we vote for it while our primary objective remains the return to negotiations. Currently, there is no proposal for a UN General Assembly resolution. If President Abbas returns to the General Assembly, the UK will use its vote in a way that makes a return to negotiations more rather than less likely. That is where we stand in answer to the points raised by the noble Lord, Lord Hannay. Those are the three major issues, although they are not by any means the only issues that have been discussed throughout this very lively debate.

The noble Lord, Lord Avebury, is certainly owed a comment on Bahrain. He asked about the unconditional release of Abdulhadi al-Khawaja and other leading activists. We are working with the Danish Government and the EU on this case. We and our EU partners are urging the Bahraini authorities to deal with the cases of all those currently in prison quickly and transparently. As to whether we will ask the Bahrainis to start negotiations with victims on compensation et cetera, we understand that the Bahraini authorities are discussing compensation for those affected by the unrest during the year. My colleague, Alistair Burt, has urged reconciliation and has been immensely active in this field. We have also urged the Bahraini authorities to deal with all the remaining cases of those in prison quickly and transparently. We remain convinced that meaningful dialogue between the Government and the Opposition is the best way forward for Bahrain to return it to the stability that it deserves. Will we urge the regime to allow freedom of expression, without which reform is not possible? My answer is that the United Kingdom supports freedom of speech and expression in all countries and we have made this clear to the Bahraini authorities.

I do not expect these answers fully to satisfy those who are concerned about what has been happening in Bahrain, but we believe that progress is being made. There is evidence of a serious commitment to dialogue and we will continue to work on that. We are far from satisfied or in agreement with everything that has been done or is being done, but we believe that the trend is positive and we will keep pressing.

In a fascinating contribution, the noble Baroness, Lady Deech, asked among many other things about the Chilcot inquiry. The inquiry has advised the Government that it will need at least until the summer of 2012 to complete its report and be ready for publication. The noble Lord, Lord Bew, asked two questions of great profundity and said that I had not mentioned Turkey and the European Union. I had not because there are so many other things to mention and I did not think that we could get into that aspect. It remains our view that Turkey’s application to membership of the European Union makes sense for the future, but obviously it is up to Turkey. If it decides in its repositioning in the new Middle East that membership is no longer a priority, that is for the Turkish Government.

The noble Lord also asked me the great and fundamental question: is the whole of the process that we are discussing going to weaken or strengthen moves towards democracy in the future? The honest answer is that we hope that it will. We are optimistic and we believe in the long term. Many countries may have to go through Islamic phases, but this will take us in the right direction. Even so, there will be many problems along the way.

The noble Baroness, Lady Nicholson, told us about the Yemen and her rather frightening experiences there, which we read about in the papers. We are extremely grateful to her for the role that she has played and for her words about the British and other ambassadors. Indeed, I made some comments in my opening speech on that point. The noble Lord, Lord Rosser, asked me a string of questions, which I have not had time to answer in full. He asked about the role of DfID and the work that we are doing. The department is putting enormous effort into the Arab partnership, including an economic facility to support inclusive, sustainable economic growth, focusing primarily on Egypt, Tunisia, Morocco, Jordan and Libya.

We cannot possibly predict what the political landscape in the region will look like even one year from now. One certainty is that we need the major nations to work in concert, which means that somehow we have to see more co-operation from Russia and China to achieve real progress. Of course my right honourable friend the Foreign Secretary has been working day and night with his colleagues on trying to move towards the UN resolution that Russia may approve. We hope that China may then follow. Positive Russian assistance on Syria is essential and we must have a better contribution from that great country.

I believe that the people of the region have made absolutely clear their desire for respect for their own nations and for themselves, and for a stronger voice in their future. Many of them have been extraordinarily bold and brave in their actions, almost unbelievably so. Now we must show the same boldness by remaining positive, constructive and ready to assist, without interference, to help the onward march of change towards what we hope will be better times for the region and its remarkable people.

Motion agreed.

Syria

Lord Howell of Guildford Excerpts

Tuesday 13th March 2012 Lords Chamber

[The Minister of State, Foreign and Commonwealth Office (Lord Howell of Guildford)]

My Lords, we continue to fund humanitarian organisations working in the region to provide help to those in need and have already given £2 million to that effect. We have also increased core funding significantly to humanitarian agencies this year to cover their ongoing work. The stabilisation unit operated jointly by the Foreign and Commonwealth Office, the Department for International Development and the Ministry of Defence is looking at what future support Syria might need from the UK and the international community to make a political transition to an open, democratic and stable state. It has also organised the recent deployment of an expert team to the region to collect evidence of human rights violations and atrocities committed by the Syrian regime.

[Lord Chidgey]

I thank my noble friend for that full reply. However, following reports on Australian television by the director of Human Rights Watch, Nadim Houry, confirming that the Syrian army is now sowing landmines along its borders directly in the path of fleeing refugees, threatening yet another atrocity, will the Government redouble their efforts to persuade other nations, particularly Russia, China and Turkey, to try to press Assad into allowing independent observers into Syria? As an extension to my noble friend’s Answer, will he give me more detail on timing in relation to deploying the stabilisation unit and security resources when the transitional period has started?

[Lord Howell of Guildford]

My noble friend is quite right. Access for independent observers or, indeed, access for humanitarian relief is the problem in this very dangerous situation. We have been working hard at the United Nations. My right honourable friend the Foreign and Commonwealth Secretary has been working extremely hard and taking the lead in trying to persuade Russia and China to take a more positive and co-operative attitude in all aspects, including, of course, getting a more effective UN resolution forward which would, we hope, increase the heat and pressure on Mr Bashar al-Assad. That is what is going on at the moment.

As for the mine situation, I have seen the reports of mines being laid. Syria is not—regrettably but perhaps not unsurprisingly—a signatory to the international prohibitions against land mines. This is yet one more area where we will increase to the maximum volume and ability our pressures on the Syrian regime to behave in a less uncivilised and more understanding way.

[Lord Hannay of Chiswick]

The Minister referred to the human rights mission that has been sent to the region. Would the Foreign Office classify decisions by the Syrian regime to prevent humanitarian access to the areas that need it most as a breach of international humanitarian law which may, one day, need to be prosecuted by the International Criminal Court?

[Lord Howell of Guildford]

That is certainly possible. The position vis-à-vis the International Criminal Court is that the commission of inquiry of the UN, as I think the noble Lord will know, clearly stated its concerns that crimes against humanity have been committed in Syria and that this may be a matter for the International Criminal Court. The United Kingdom will not rule out referral to the International Criminal Court, as suggested by Mrs Pillay, the human rights commissioner. The COI report does not specifically recommend a referral to the court, nor does the Human Rights Council have the power to refer cases. It would be for the UN Security Council to refer the situation in Syria to the ICC prosecutor. That is the formal position and I must stick closely to those words about it.

[Baroness Symons of Vernham Dean]

My Lords, is not the difficult thing that human rights abuses are being carried out every day? Does the noble Lord have any information about the appalling report that boys over the age of 11 are being arrested and face a very uncertain and horrible future in the city of Homs? Does he agree that, without the courageous reporting of people like the late Marie Colvin, we do not have the information on a day-by-day basis? We have it only retrospectively. What we need to know is what is happening while it is happening. Can the Minister give us any information about what our colleague, the noble Baroness, Lady Amos, has been able to say following her visit to President Assad?

[Lord Howell of Guildford]

I have to agree with almost all that the noble Baroness says. Our friend, the noble Baroness, Lady Amos, has, indeed, been there and did get some access to Baba Amr. She has reported back to the United Nations in very grim terms about what she found; practically every building had been destroyed. As for the other news we get— inevitably not directly because of the access problem and the fact that not a single journalist alive remains in the area—that may well be true. There are clearly horrific events and horrific murders and atrocities taking place. Not every one can be corroborated, but it is unquestioned that there are evil doings almost beyond the power of words being conducted in the name of the Syrian Government and perhaps on the opposition side as well. These are revolting events and in due course I hope all responsible will be held to account for them properly.

[Lord Wright of Richmond]

Can the Minister confirm that the Government still support the efforts by the former United Nations Secretary-General, Mr Kofi Annan, to bring a peaceful solution to the crisis in Syria? I am delighted to hear from the noble Lord that we are channelling our assistance through international organisations and humanitarian organisations. Does he agree that we should also be sure that any assistance given to Syria does not complicate the mission of Mr Kofi Annan?

[Lord Howell of Guildford]

My Lords, I am sure that that approach is right, but the difficulty is, as Mr Kofi Annan himself has found in his most recent discussions with Bashar al-Assad, that the Syrian President seems very reluctant to move from his present policy of giving certain reassurances while the violence and killing carry on. That is the difficulty. As the noble Lord knows, Mr Lavrov was there, accompanied by other senior Russian officials. They thought that they could get some undertakings from Bashar al-Assad; and, indeed, words were given. However, even while they were speaking, the killing was continuing. So I am afraid that at the moment, while one appreciates that there has to be a twin track of trying to get this man, this president, to desist from his all-out violence of the most atrocious kind, all efforts by Kofi Annan and others have so far not proved successful. This remains the line to go forward. We are working with the Russian and Chinese officials and ambassadors, and with the United Nations, to make them see that we must have a combined approach.

[Baroness Falkner of Margravine]

My Lords, does my noble friend agree that in bringing Russia to the table it is important to recognise that Saudi Arabia’s and Qatar’s attempts to arm the rebels will only prolong the conflict, not help to bring it to an end? Does he further agree that Russia’s long-standing animosity to Saudi Arabia, not least as regards Afghanistan, will not make it come to the table unless we reduce the arms and hostility going into the conflict from other players?

[Lord Howell of Guildford]

My noble friend may be right. The Arab League as a whole has taken a strong lead. Some members of the Arab League—my noble friend mentioned Qatar and Saudi Arabia—say that they want to go further and provide arms. We are not sure at this moment whether they are doing so. They may have a case for taking that action in particular areas. However, our general approach is the same as that of my noble friend. We believe that the best course is to try to get peaceful transition, to get both sides to desist from the killing, and particularly and obviously to get the Syrian Government to desist from their atrocious and murderous attacks on communities in Homs and other cities. That must be the approach. Pouring in arms on a large scale would certainly not help.

Death Penalty

Lord Howell of Guildford Excerpts

Wednesday 7th March 2012 Lords Chamber

[Lord Sheldon]

To ask Her Majesty’s Government what representations they are making to the relevant Governments to secure the abolition of the death penalty in China and in other countries.

[The Minister of State, Foreign and Commonwealth Office (Lord Howell of Guildford)]

My Lords, the Government regularly urge the Chinese authorities to cease the use of the death penalty. Our most recent representations to the Chinese Government were made in China in January of this year during the 20th round of the UK-China human rights dialogue. We will continue to raise our concerns with the Chinese authorities at every appropriate opportunity, just as we do with the Governments of other countries who apply the death penalty, in line with our published strategy on abolition.

[Lord Sheldon]

My Lords, the noble Lord has given a very useful reply. It has been estimated that capital punishment in China amounts to 5,000 executions, covering a wide range of crimes including tax evasion and drug trafficking. It has had more executions than all other nations combined. What action should other nations consider?

[Lord Howell of Guildford]

The noble Lord is right that the number of executions in China is, to us, unpleasant, and we have campaigned constantly against the level. There are some signs of a positive response to our efforts and those of many other countries: China has reduced the number of crimes that carry the death penalty, from 68 to 55; and the supreme court has ordered lower courts to suspend death sentences on a number of occasions. We are urging China to set a timetable for ratifying the International Covenant on Civil and Political Rights. There is some anecdotal evidence—indeed, even visible evidence—that important policy-makers in China are beginning to push forward strong advice that standards in China should move towards those of the rest of the responsible civilised world.

[Lord Avebury]

My Lords—

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[Lord Avebury]

My Lords, what can we say to countries that prescribe the death penalty for offences such as adultery or apostasy? My noble friend will have noted the unlawful deportation by Malaysia of the writer Hamza Kashgari to Saudi Arabia, where he faces execution for something that he said on Twitter. Will the Government propose to the UN that states which execute people for apostasy should be made ineligible for membership of the Human Rights Council?

[Lord Howell of Guildford]

We most certainly do not accept that apostasy should be criminalised let alone that it should attract the death penalty. We will certainly make appropriate representations both to the country concerned and in the right fora of the UN. Our efforts to restrict the use of the death penalty apply universally, regardless of the crime for which it is imposed. That includes imposing the death penalty only for the most serious offences—if it must be imposed at all—such as murder. Freedom of religious belief, and certainly apostasy, should not in our view in any way attract the death penalty.

[Baroness Stern]

My Lords, I should like to ask the Minister about the situation in the Commonwealth, and I should declare an interest as I chair the All-Party Group for the Abolition of the Death Penalty. Twenty-one of the 54 Commonwealth countries still retain the death penalty. In view of the disappointing outcome at the Commonwealth Heads of Government meeting in October last year on human rights, can the Minister tell the House what new strategy has been developed to deal with abolition in Commonwealth countries?

[Lord Howell of Guildford]

Like the noble Baroness, I certainly declare an interest in the Commonwealth. She is quite right. The figures that I have show that 36 of the Commonwealth countries retain the death penalty in statute, but of those, 15 are in effect abolitionists and have not used it in practice. Eleven countries have carried through executions since 2000, and that is not satisfactory. It is certainly one of the values of the Commonwealth system that we are in a position to press very hard on those countries to see whether they will move towards abolition more quickly. My right honourable friend the Foreign and Commonwealth Secretary called for the abolition of the death penalty when he addressed the Commonwealth People’s Forum in Perth last October. So the pressure is on, and we will certainly continue. However, I emphasise that the very existence of the Commonwealth enables us to increase that pressure and focus it effectively.

[Lord Dubs]

My Lords, does the Minister accept that in arguing against the death penalty, in line with our Government’s policy, the difficulty is that the countries concerned can then say, “Yes—what about the United States?”. What representations do we make to the United States? It represents the weakest point in the argument against the death penalty.

[Lord Howell of Guildford]

I would not myself put it in the way that the noble Lord has. The United States is one of our priority countries, and we regularly make our views known to the US authorities bilaterally through the European Union and in any other way that we can. We are particularly concerned about individual cases of British nationals facing the death penalty in the USA. It is undeniably a problem, but I do not think that it weakens the argumentation that can be put forward in other countries—where, here and there, there are some definite signs of progress. I remind the noble Lord that, for instance, in 2009 Barbados announced its intention to abolish the death penalty. There is a UN General Assembly resolution coming up on this whole area which we are strongly supporting.

[Lord Dykes]

Further to the question from the noble Lord, Lord Dubs, does my noble friend agree that the United States is a particular problem because there are well over 4,000 people on death row, many of whom have been there for many years? That must amount to cruel and inhuman punishment. Some of those are mentally retarded people. Will the Government make real efforts to persuade the United States and the federal government to drop capital punishment?

[Lord Howell of Guildford]

We will certainly continue to do so.

[Baroness Symons of Vernham Dean]

My Lords, can the Minister tell us what action the Government are taking over the abhorrent policies in some countries to exact the death penalty on young people under the age of 18?

[Lord Howell of Guildford]

I suspect that the noble Baroness is referring particularly to some of the horrific stories from Iran. We regard those with horror, and we continue to press extremely hard, in line with our general desire to see the abolition of the death penalty worldwide, where those kinds of particularly repulsive and ugly penalties are inflicted.

[Lord Anderson of Swansea]

My Lords, following the position on the US, when we make our welcome representations to the Chinese authorities, do they in fact say, “Well, how do you deal with the US?”. Does it in fact blunt our own representations that the US does have the death penalty in so many states?

[Lord Howell of Guildford]

I cannot answer precisely having not been personally involved in all these bilateral negotiations, but my impression is that it does not. My impression is that countries either say, “We listen politely to your views”—as, for instance, in the case of Japan—or, “We recognise that we must move forward”, in some other cases; or some of them give us a rather dustier answer and say, “These are internal matters for us. Please go away”.

European Parliament

Lord Howell of Guildford Excerpts

Monday 5th March 2012 Lords Chamber

[Lord Rennard]

To ask Her Majesty’s Government whether they will bring forward proposals for revising the system for electing British Members of the European Parliament in 2014.

[The Minister of State, Foreign and Commonwealth Office (Lord Howell of Guildford)]

My Lords, we currently have no plans to do so.

[Lord Rennard]

My Lords, does the Minister recall the very serious controversy in 1999 over the introduction of the closed-list system for electing Britain's MEPs? Does he agree that while Britain is under an obligation to use a proportional system for choosing MEPs, there are much better ways of doing so? Could not consideration be given to using, for example, the transferable system already in use in Northern Ireland for electing MEPs, which is in use in Scotland for local elections and which the Government propose for future elections to the House of Lords? Failing that, will the Government at least consider using an open-list system, which would give more power to voters and less to political parties?

[Lord Howell of Guildford]

My noble friend has a point. The present closed-list system was introduced in 2002; it was the general principle of PR that came in in 1999. My noble friend is right that the closed system gives considerable weight to parties and that a different system might give greater weight to candidates. For the moment there are no plans to make a change, as I indicated. However, the Question makes it clear that issues lie ahead about changes in voting procedures and constitutional reform, and that it might make sense for a future Parliament, or in future in some other way, for these matters to be reopened and considered.

[Lord Grocott]

My Lords, is not the clear lesson from the experiment in proportional representation that has been used in the European Parliament for the past 15 years that it leads to a lower turnout, far more spoilt ballots and a far weaker connection between the Members of the European Parliament and their constituents? Is it not time that we listened to the people and the overwhelming vote 12 months ago by a majority of two to one in favour of first past the post and against fancy electoral systems, and recognise that the simple change that we should make in Europe is to scrap the existing system and revert to first past the post?

[Lord Howell of Guildford]

That is certainly a viewpoint. My query would be whether it is the system that produces the low turnout or the cause. One could make an argument either way. The noble Lord has his views on matters of voting procedure and no doubt we will have many opportunities in future to debate them.

[Lord Cormack]

My Lords, is not the splendid point made by the noble Lord, Lord Grocott, more than a viewpoint? Did not the British people emphatically reject PR last year, and is it not absurd that either House of the British Parliament should consider continuing this in Europe or, worse still, introducing it for any elections to a second Chamber?

[Lord Howell of Guildford]

The difficulty with that is that in 2002 there was no rejection of the closed-list system that was introduced. There was agreement by the Government of this country and many other countries in the European Union—in fact, all of them—to go for a PR system of some kind. How that will work in future in relation to this place is quite another debate, one on which obviously there will be strong feelings all round. As far as concerns the STV system in Northern Ireland, or the closed-list system for Europe, they were adopted and signed up to by this country, and if we want to unsign and change the system we will have to have a lively debate about it—as I suspect we will.

[Lord Rooker]

Would not the European Parliament be more relevant if the people there were Members of the national parliaments of the countries of the EU, rather than the unaccountable people who are there at present?

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[Lord Howell of Guildford]

We are getting into matters about the virtues of the European Parliament on which a number of leading Members, including from the noble Lord's own party, have expressed quite ripe views recently—one of which was that the whole thing should be abolished. Given that we need to spend a lot of time thinking about our own future as an institution, perhaps we should be cautious about going round recommending that others should be abolished.

[Lord Kinnock]

Is the noble Lord aware that for the past few minutes, he has been listening to some rather elderly politicians, of whom I am also one, who are looking to the future firmly marching backwards? That is not a persuasive position, especially when they neglect the fact that the only international, directly elected Parliament in the world, which represents part of the progress of the European Union and its associated democracies, is a directly accountable Chamber, unique and very effective in its work. Whatever the future of this Chamber, arguments about it will not be enhanced by giving the impression that the European part of the democratic procedures of this country introduce a lack of representation and accountability, which is not true.

[Lord Howell of Guildford]

I shall steer clear of the ageism aspect of the question. I see exactly what the noble Lord feels with his considerable experience in these matters, but what we have not yet resolved in relation to the great European Parliament is the remoteness worry. The trouble is that when you have great central institutions, accountable although they may be, they are inclined to be a bit remote and further away than our own parliamentary procedures or, indeed, local government. This is an age when people want to have contact—close relations, as the Laeken declaration said—with their representatives to make them accountable. There is still a problem that the European Parliament yet has to address about its remoteness from voters.

[Lord Teverson]

My Lords, the European Parliament is a great institution, but will the cohort of MEPs who will arrive there in 2014, which my noble friend asked about, still be required to go to two locations, or can they just go to Brussels and greatly increase the reputation of the European Parliament by having only one seat and save the European budget some €200 million?

[Lord Howell of Guildford]

It has been the view of Her Majesty’s Government under successive Governments that this is a very elaborate, expensive and out-of-date arrangement, but unfortunately there is one considerable and powerful country in the European Union that takes a very different view. Until it can be persuaded otherwise, I fear that this double-hatting and double-travelling will have to go on.

[Lord Pearson of Rannoch]

My Lords, is the European Parliament not merely a democratic fig leaf for the whole ill fated European project because it cannot even propose legislation? So, if we have to have elections to it, should we not keep the existing system which, after all, allowed UKIP to beat Labour and the Liberal Democrats at the most recent election? UKIP came second; therefore it must surely be an excellent system.

--- Later in debate ---

[Lord Howell of Guildford]

I think that slightly echoes the comment I made earlier that one must not associate the outcome of certain elections with the procedure of the election. I do not know whether UKIP would have done better under first past the post or any other system. Who knows?