(13 years, 4 months ago)
Lords Chamber
To ask Her Majesty’s Government what representations they have made to the Government of Afghanistan about recent proposals to take control of women’s shelters.
My Lords, working with the United Nations, international partners, the Ministries of Justice and Women's Affairs in Kabul and Afghan civil society, we have reviewed the Afghan Government’s draft regulation on these centres and submitted our comments and concerns to the Afghan Government. We continue to monitor this issue closely.
I thank my noble friend the Minister for that reply. Does he agree with me that the shocking case of 18 year-old Bibi Aisha, featured on the cover of Time magazine, who had her nose and ears cut off after fleeing abusive family members, shocked the world and underlined the importance of independent women’s shelters in Afghanistan? Is he aware that President Karzai presides over a country where 87 per cent of Afghan women are illiterate and one in three Afghan women experience physical or sexual violence? Given the high financial and human cost of the war in Afghanistan, how can we in the West believe that Afghanistan really is a democracy and that things are getting better for Afghan women?
My noble friend is absolutely right to highlight the appalling conditions, the tragedies and the atrocities which are inflicted on many women in Afghanistan. Her Question was about women’s shelters, which were set up some years ago and were, basically, a very good idea, but recently there has been controversy because it appeared that the Afghan Government were seeking to control them in rather draconian ways. Some very brave women raised their voices firmly in saying that this was not the right way forward. I can tell my noble friend that the Afghan Ministry for Justice, following representations from many NGOs and many Governments, including this one, are working on a redraft of the regulations and are planning not to take over the shelters but to improve them. That must be a small step forward in a potentially hideous situation.
My Lords, I am sure you are all aware of the awful conditions which prevailed for women during the previous period. Many of them killed themselves because they could not go out to find money to feed their children. What worries me is that I am not sure that things have improved a great deal. I hope that the Government are putting some other matters together to make sure that the situation of Afghan women is getting better, that they are able to earn money and that they are able to feed their children. I am referring not so much to the married women as to the single women, who are the ones who suffer most.
Yes, that is absolutely correct. I think there are some small signs that one or two things are getting better, but there is a long way to go, as my noble friend on this side has just observed. The conditions for many younger women are appalling. An estimated 70 per cent of all marriages are still forced and half of all young married girls are under 15, which opens the way for victimisation and violence on an appalling scale. It is slightly improving, as the Government are under constant pressure to observe human rights standards and have committed themselves to the United Nations undertakings. There are efforts and we are going slowly forward, but it is still a very ugly situation.
My Lords, will the Minister publish the paper giving the comments and concerns that he said in his initial Answer had been the Government’s response? It would help the whole House if he were able to do that. Can he tell us what resources are available to our embassy in Kabul to make contact with women and help to develop women’s role in civil society in Afghanistan?
Resources are available. Our officials in Kabul are involved in regular meetings and there is one going on now to see whether the women’s shelter idea can be taken forward. That is a valuable input and we will continue to do more than monitor the situation by pressing for the right solution for women’s shelters and for protection of women generally. As for the publication of detailed pressures and exchanges, I will look at that, but sometimes the full publication of these exchanges undermines the degree of trust and confidence one needs to make progress. It may not work, but I will certainly look at it.
My Lords, given the gravity of the situation and the fact that Afghan women’s rights are likely to be eroded with further conversations about the Taliban coming back into government, does my noble friend agree with the suggestion of the noble Baroness, Lady Symons of Vernham Dean, some months ago that the UK Government should appoint an individual, or at least get the EU to appoint an individual, to go and look at the status of women’s rights in Afghanistan and to come back and continue to keep a watching brief on that until the transition is complete?
Again, that may be an idea, but a lot is going on already, as I think my noble friend is well aware. A number of countries and non- governmental organisations and a number of extremely brave and prominent women in the cause of women—Women for Women in Afghanistan, the Afghan Women’s Movement and many others—are all conducting what my noble friend calls a watching brief. If, on top of that, the appointment of an individual would help, I would consider it, but I suspect that the problem is not so much personnel watching and monitoring as getting pressure on the Government, on officials and on the culture of the country to overcome the horrors left behind by the Taliban attitudes to women, which were appalling.
(13 years, 4 months ago)
Lords Chamber
To ask Her Majesty’s Government what is their assessment of the political and human rights situation in Saudi Arabia.
My Lords, following events elsewhere in the region, there have been a few very limited protests in Saudi Arabia. However, the Government have brought in a reform process and a national dialogue initiative to keep pace with the people’s wishes. We have serious concerns about the human rights situation in Saudi Arabia. We have made our views well known, including through the universal periodic review process, and we make those concerns clear to the Saudis at the highest levels, just as they are frank with us on issues that concern them.
I thank the Minister for his reply. Is he aware that thousands of detainees are held in Saudi prisons, without any charge, trial or representation—some for more than seven years, and a few for more than 13 years? The Minister will be aware of the recent concerns of Human Rights Watch and Amnesty International in relation to the arrests of peaceful demonstrators and the use of force against them. What is the position of Her Majesty's Government regarding arms and security sales, given recent events in Saudi Arabia and Bahrain? Will the Government review arms and security exports to Saudi Arabia until they are clear that UK equipment is not being used for internal repression?
All questions on arms exports are under review, as the noble Lord may know, and we have grave concerns about the use of crowd-control equipment. Because of those concerns, a review of the whole policy and practice of Her Majesty's Government on the export of equipment that could be used for internal repression—in particular, crowd-control goods—has been commissioned and is under way. As to the noble Lord’s question on Bahrain, the Saudi forces are there to protect installations—or so it is reported to me. That may not be 100 per cent accurate, but that is the intention. The Saudis share the same goals as the Government of Bahrain, which are, of course, to have a dialogue on reform and to address the concerns of the Bahraini people. That is very different from some other countries in the region. However, it is a tricky situation that we are watching very closely.
My Lords, my noble friend will no doubt be aware that the Saudi rulers have requested their clergy to issue a fatwa, stating that all democratic peaceful protests are un-Islamic. Does he agree that turning democracy into a religious issue sends a message to 1.5 billion Muslims that democracy is not an option open to them if they wish to adhere to their religion? Does he think that Saudi Arabia, given that attitude towards freedom, can any longer be trusted to pursue peace and stability in the Middle East?
Of course, as the noble Baroness recognises, there are attitudes that we do not like and seem to go against our values and views of how democracy should work. We do not miss any opportunity—in fact we take all opportunities—to put these matters frankly to the Saudi authorities and to other countries. One has to think in positive terms; the aim is to make progress by establishing trust, rather than by dismissing the efforts of certain countries and saying that they no longer qualify to operate or to make a sensible and responsible contribution to world affairs. The positive approach is the one that pays off in the end. While I recognise many of the worries that my noble friend articulates, I believe that the approach I am describing is the best one.
In those discussions, how much emphasis has been placed on access to forms of justice in Saudi Arabia, and on the promotion of the rule of law?
I am sorry, but I did not hear the first part of the noble Lord’s question.
In the discussions with Saudi Arabia to which the Minister referred, how much emphasis is put on access to justice for the people of that country and on promotion of the rule of law?
These are our values and these are the points that we put to the fore in our ongoing dialogue with the Saudi authorities. Because of certain relationships of trust and our close alliance, we are in a position to put those matters forward and get a hearing for them. I cannot measure precisely the amount of emphasis, but these issues are very much to the fore in all our dialogues.
My Lords, while it is true that Saudi troops have entered Bahrain simply to guard installations, does that not mean that the forces under the control of the Bahraini authorities are released from those duties and can engage in further internal repression?
When I mentioned that a moment ago, I did say that this was reported to me. I do not know whether it is 100 per cent accurate. However, I would slightly query the logic of my noble friend’s statement that this action releases Bahraini troops to indulge in internal repression. Bahraini troops may well have made some bad moves, which we ought to condemn strongly, but the overall strategy of the Bahraini authorities and the king is to establish a dialogue and address the grievances of the people. That is in total contrast to the pattern that we see, for instance, in Libya.
How can we support Saudi Arabia’s intervention in Libya when it has such difficulty with basic human rights? Are they not very important? The reaction of the Saudi Arabians is very little improved as far as that is concerned.
It is very hard to generalise. There are reformers in Saudi Arabia who are anxious to take the country forward. There are also very reactionary people who are trying to stop them. It is the reformers whom we need to identify and support. If we do, we may be able to make progress, as, ironically, was being made in Bahrain, which was one of the few countries that had quite lively democratic elections.
(13 years, 4 months ago)
Lords Chamber
That it be an instruction to the Committee of the Whole House to which the European Union Bill has been committed that they consider the Bill in the following order:
Clauses 1 to 6, Schedule 1, Clauses 7 to 17, Schedule 2, Clauses 18 to 22.
My Lords, I raise one small point on this matter. So far on this Bill we have had Second Reading. We have also had the allocated dates for the first and second days of Committee. The date of Second Reading was 23 March and the dates for Committee will be 5 April and 26 April. The one thing that these dates have in common is that they are all Tuesdays and therefore clash with the meeting of the European Union Select Committee of this House. It strikes me as rather absurd that we should discuss the European Union Bill on all three days when it clashes with your Lordships’ European Union Select Committee. I raise no objection to this Motion, but I ask the Leader of the House whether he can look at this and make sure that we do not downgrade the work of the Select Committees in the way that these arrangements do.
(13 years, 4 months ago)
Lords Chamber
To ask Her Majesty’s Government what is their assessment of the current security situation in Yemen; and what steps they are taking to protect British residents and officials.
My Lords, the security situation in Yemen is tense. There is political deadlock, there are violent protests and there is an already high risk of terrorist attack. As my right honourable friend the Foreign Secretary said on 24 March, the Foreign and Commonwealth Office advised all British nationals to leave Yemen immediately on 12 March. Since then, the situation has continued to deteriorate. We have detailed contingency plans but British nationals should leave Yemen now by the commercial airlines still flying.
My Lords, I thank my noble friend for that reply. Is there not also a real danger of Yemen descending into chaos, with the vacuum being filled by the al-Qaeda terrorism in that country combining with counterparts in Somalia across the Gulf of Aden, so putting the 40 per cent of the West’s oil that passes through there at great risk? Do the Government have any plans to help to address the underlying problems in Yemen, which come from poverty and hunger? Forty per cent of people there live on less than $2 a day. Have we any plans to assist with the provision of food aid, as something like $225 million of food aid is needed this year alone to stave off starvation?
My noble friend is quite right to point to a number of very worrying dangers, including piracy and terrorism. We are in fact one of the largest donors to that very impoverished country and we are obviously concerned about how the political process should proceed. We hope that transition will be in a peaceful way and without too much bloodshed, but it is really for the people of Yemen and their present president to decide how that transition should go. As for outside support, rather than outside intervention, we think that the neighbouring countries are probably the best people to rally round and provide it. That may be working through the organisation Friends of Yemen, of which we are one.
How many people does the Foreign Office have in mind and how many, in particular, are employed at the embassy in Yemen?
On the noble Lord’s second point, at the moment we have 10 still there. The noble Lord is quite right to raise the subject because it is an extremely dangerous designation. There have been two life-threatening attacks on the British ambassador in the past year. I assure the noble Lord and the House that we have the most careful and detailed contingency plans for getting those people out safely, but it is a very dangerous situation. I do not have to hand the precise overall number of British nationals. It is not very many but I will provide him with the precise details if we can ascertain them, which is not easy.
Does my noble friend agree that with the defection of Major-General Ali Mohsen and other senior military commanders, the sooner that President Saleh steps aside and allows a transition to democratic government, the less blood will be shed? Does he also think that the United Nations might perform a useful role as the broker of such a transitional arrangement, bringing the military and the opposition movements into a common Government to aim at that transition to democracy?
My noble friend is right that that defection is significant. Those are influential people and that might help the move towards a peaceful resolution and a final decision by President Saleh on how and in what manner he goes in an orderly way. Concerning the UN, it has not recently played a significant role in Yemen. In most people’s view, the responsibility really lies with President Saleh openly to engage with all parties in a sustained and credible fashion. As I said earlier, we think the best kind of outside support should come from the countries immediately around, which are obviously as concerned as us about developments there.
Does the Minister agree that it is difficult to avoid seeing any change in the administration as a potential threat to western interests? What is his assessment of the role of al-Qaeda among the many other causes—secessionist, tribal and so on—of the unrest? If there were to be an implosion, what is his assessment of the danger of the unrest moving across the frontiers to other countries?
Of course, as the noble Lord knows, these dangers are there all the time; there is no doubt about that. The al-Qaeda threat is there but is not the only threat. Al-Qaeda is most active in the north. Many of its members are being pushed over the frontier from Saudi Arabia. They are a problem and no doubt they are thinking of ways of exploiting any trouble or disturbance they can find. That is why it is essential that the president and the people of Yemen move away from the threats of violence and towards an orderly pattern of transition which they can decide for themselves.
I thank my noble friend for the care with which the British Government, other European Governments and America have handled these difficult situations with Arab countries. Bearing in mind that the evidence is now massively overwhelming that Arab populations want freedom, democracy and human rights, as in other countries—we have been told for decades that they did not want this and did not mind oppressive regimes—will my noble friend consider the British Government having some serious conversations with the Saudi Arabian Government to get rid of that oppressive regime and introduce some democracy there, including allowing women to drive cars?
These are all very serious social problems but I think my noble friend would agree that if there is to be change, the aim must be to achieve the most peaceful and bloodshed-free transition. That is what we want. Obviously, we are in talks with all our opposite numbers in the Arab world and in the Gulf countries, including Saudi Arabia, as my noble friend suggests. These matters have to be dealt with and we raise them, but if we can make progress in a peaceful, orderly way, that must be the best way forward.
My Lords, I am sure we all agree with the Minister that the most successful outcome is one that involves a peaceful and orderly transition. However, in the Government’s view, is that most likely to be attained through President Saleh stepping aside very soon or through his engaging in the sort of dialogue with dissidents elsewhere in Yemen that the Minister described a moment ago? The noble Lord talked about the support of neighbours. What support does he have in mind that Yemen’s neighbours might give? Might it be troops on the one hand or direct aid on the other?
President Saleh has already said that he will step down—we all know that—but it is a question of the timing and, no doubt, the question of to whom power should then transfer. These are obviously very sensitive and delicate questions inside Yemen. Sensible people, supporters and friends of the country and its people want to see the president step down as quickly as possible but in an orderly way. As to outside support, aside from the substantial aid which countries such as our own give to Yemen, the Friends of Yemen group has said that it is very ready to support training and to offer social support, all kinds of social programmes and a variety of other support. It has made clear that that is what it wants to see. However, I am afraid that it is from within Yemen—this is often the case in other Arab countries—that the movement has to come for an orderly transition of power, which is about to take place.
My Lords, in that context, what is the Minister’s assessment of the danger of the protest movement in Yemen being taken over by people who are now opposed to President Saleh but whose record in conflict, particularly with the northern Houthis, is no more democratic than his is?
The danger is quite high. There is a danger of all kinds of elements, including the al-Qaeda franchise, other jihadists and the rebel groups that have been present for many years—there is nothing new in some of the matters that we are discussing—taking over and replacing the present unsatisfactory pattern with something equally unsatisfactory. We have to be realistic about this. All the progress throughout the Arab world will not automatically lead to a new dawn of liberal democracy, much as we hope it will.
My Lords, have the Government assessed whether al-Qaeda in the Arabian Peninsula within Yemen and al-Qaeda more widely have been caught out by this huge change across what I think Glubb Pasha called the “hinge of the world” from Tunisia through to Oman? It seems to me that they might have been and that, if we are quick on our feet, there is a real opportunity to use this to our advantage. I should be interested to hear the Minister’s thoughts on that.
When the situation is so fluid, it is very difficult to make these assessments, and I suspect that they vary vastly from country to country. We are talking here about the Yemen. Al-Qaeda is not the only threat to Yemen’s present stability; all kinds of different tribal gatherings and pressures are undermining the situation. It could be that al-Qaeda has not been at the forefront of many of these uprisings, protests and rebellions. On the other hand, we must have no illusions but that, where it sees trouble, it will seize every opportunity to intensify it and make it worse. As to our opportunity in this area, we have to move in a very agile and clever way, making sure that we combine the support of the western world and the whole comity of responsible nations in trying to encourage a sensible transition to democracy and a move away from all forms of extremism.
(13 years, 5 months ago)
Lords ChamberMy Lords, the United Kingdom continues to take a leading role in negotiations for an arms trade treaty and actively participated in the recent UN arms trade treaty preparatory committee meeting. It is important for us to learn lessons from recent events. On 16 March, my right honourable friend the Foreign and Commonwealth Secretary announced a review of the sale to Middle East countries of weapons that could be used for internal repression.
My Lords, I thank the noble Lord for that reply and underline that the British delegation played a lead role in the discussions in New York last week. Does the noble Lord not agree that, while significant progress was made in the realm of conventional weapons, equipment and ammunition, there is still a glaring gap in the area of police equipment and internal security equipment? What arrangements are the Government making to address this key issue, which has obviously become very significant in the context of recent events?
My Lords, the noble Lord is absolutely right that we are making progress, but that there are still some gaps. The next preparatory meeting is in July, when we will address these issues closely. It is of course our broader aim to see smaller weapons more effectively included and embraced in the arms trade treaty, including the categories that the noble Lord mentioned. These are matters to which we are giving close attention.
My Lords, I pay tribute to those on the opposition Benches for the work they started in 2005 to bring about a comprehensive arms control treaty. We must be grateful to them for the lead that the United Kingdom has taken in this area. Would my noble friend explain to the House why the Government are resisting the very modest measure of the noble Lord, Lord Alton of Liverpool, in his attempts to bring through a re-export arms control treaty? That would surely be in the spirit of what we are trying to do at the UN level.
My Lords, my noble friend will remember that we had an exchange on precisely this matter the other day when my noble friend Lord Green, the Trade Minister, answered precisely this Question. He pointed out that we could bring in many laws in this country but, as we would have no control whatever over the actual movements of re-exported equipment, our laws would be in vain. It would not be the right approach. The much stronger approach is to continue to apply the very high standards, the very strict controls and the very rigorous criteria—some of the most rigorous in the world—which we apply to all exports of military equipment and items of concern.
My Lords, many of us on this Bench have warmly supported the leadership role of Her Majesty's Government in pressing for an arms trade treaty, which the noble Lord has just reiterated. However, we share the concern of others that that role has recently been put into question by recent trade visits to the Middle East. What steps are Her Majesty's Government taking or planning to take to ensure that their support of British arms exports does not undermine the moral and political leadership that the UK needs to show if the United Nations is to secure an arms trade treaty in 2012?
I appreciate the right reverend Prelate’s concern, but we do not see these matters as influencing each other in any undesirable way at all. On the contrary, we see as one task the application of our very strict controls for exports of armaments and the need for friendly and responsible countries to equip themselves in a responsible way rather than resorting to the much lower standards and greater dangers in participating in many of the other arms trades going on around the world, and we see promoting the commercial interests of this country in all responsible areas and ways as quite a separate issue. We do not really elide the two concepts as some people in the media and commentators have done.
The Minister mentions that we have one of the most rigorous control systems in the world for arms exports. Nevertheless, between 2008 and 2010, 198 export licences for arms were given to Indonesia, where there is a low-scale civil war in West Papua and the basic human rights of the indigenous people are being denied. Is he happy about those arms export licences?
One can never say, speaking in general terms, that one is happy. Perhaps a year or two ago, many people in this House would have been happy with the number of licences going to Libya, but it turns out that a great many of these—I think 118 of them—have been revoked, and rightly so. All licences for weapons of any kind of concern for Libya have been revoked. In the case of Indonesia, the process of rigorous control is there. We watch it all the time, and we will monitor it. These things are regularly revisited, and one hopes that any doubts about any weakness in the application of criteria will be strengthened. So I cannot say that one is happy or unhappy, but we are applying the best possible filter and controls, possibly by world standards, that are available to ensure that weapons are not misused, or used for repression in horrible ways.
My Lords, I refer to the question which the noble Baroness, Lady Falkner of Margravine, asked about re-exports. This has been a very vexed question, and I know that we have discussed it before in your Lordships' House, but the issue here is whether the use of end-user certificates would be of any real value. In my time as a Minister, we discussed end-user certificates and there was a good deal of international support to ensure that those buying arms from this country were prepared to say something about their eventual re-export. Can the Minister say whether that will be a subject for negotiations next year?
Yes, I believe it would. That is a sensible approach. It could be more effective, although there are always dangers and difficulties, than merely passing laws here that we hope others will observe. I think the noble Baroness’s suggestion is the right one.
(13 years, 5 months ago)
Lords ChamberMy Lords, I have it in command from Her Majesty the Queen to acquaint the House that she has been informed of the purport of the European Union Bill and has consented to place her prerogative and interests, so far as they are affected by the Bill, at the disposal of Parliament, for the purposes of the Bill.
In bringing this Bill before the House for Second Reading, I begin by outlining the Government’s approach to the European Union. When the coalition Government took office, we set out in our programme for government that we would pursue an “activist approach” to our engagement with the European Union. Since taking office, we can lay claim to a number of positive achievements in driving forward EU action. We led calls to set up free-trade arrangements in Pakistan, following the terrible floods there last year, and we have supported the free-trade agreement with South Korea. We have been at the forefront of the group of 25 member states that are keen to pursue enhanced co-operation in the field of intellectual property and, like the previous Government, we continue to be a prominent supporter of further enlargement.
My right honourable friend the Prime Minister has been vocal in calling for effective EU action in the neighbourhood. Recent attention, as we all know, has focused on the countries of north Africa, but we also want to ensure positive action with the eastern partnership countries—in both cases, supporting the EU’s work to foster security, democracy and good governance.
Looking ahead, there are clearly great challenges for the European Union—for example, in growth and global competitiveness. Action on better regulation and widening further markets in services, energy and the digital economy could do much to help to lift our own economic prospects at this time. The EU should also perform more efficiently—for example, in connection with its budget.
However, we also need to tackle the clear evidence, accepted on all sides of the political debate, of a growing disconnection between the people of this country and the European Union. This disconnection exists in our understanding of, and engagement with, the European Union and in popular consent for the decisions taken on behalf of the people of this country by successive Governments.
I see the Bill as strengthening our position, role and effectiveness as a member state of the European Union and as contributing to the wider aim of helping the European Union to modernise and to rest its authority more solidly on public and popular consent. With this legislation, we are plainly acting here in the spirit of the Laeken declaration in seeking to bring the EU closer to its peoples. That seems to be a timely and appropriate aim for the era in which we live. There is no doubt that British people feel shut out and isolated from the business of the European Union. Although they can vote to keep their favourite competitor in a reality TV show or on whether to have a directly elected mayor in their town or city, they have not been able to have a say on whether the Government should agree to confer on the EU further powers to act.
Therefore, in accordance with this Government’s wider agenda to shift power from Whitehall and Westminster to the people, and in accordance with the broader aspiration with our other EU partners to bring the EU closer to the people, we propose to shift power from the centre to the British people for decisions on whether powers should be transferred to the European Union. That is the primary objective of the legislation before us today.
Parliament’s ability to hold the Executive to account on EU decisions has also been limited and there have been many criticisms that there has not been enough examination of, or control over, significant decisions taken by the Government. Therefore, the Bill makes provision on the following issues. First, where a treaty change is deemed to transfer competence or power from the UK to the EU, it will in principle require the approval of the British people in a referendum, in addition to approval by Parliament. Secondly, parliamentary approval of treaty changes in all cases will mean by Act of Parliament, even those changes agreed under the so-called simplified revision procedure. Thirdly, any agreement to use certain of the so-called self-amending or passerelle clauses of the treaties will also require a referendum as well as an Act of Parliament in cases where there would be a transfer of power from the UK to the EU. Of course, that assumes that the Government of the day wish to support the use of a passerelle. Fourthly, any proposal to use other passerelle clauses that do not transfer power or competence from the UK to the EU will still require enhanced parliamentary approval, by an Act of Parliament or a positive resolution of both Houses of Parliament.
The Constitution Committee of this House published its report on the Bill last Thursday. I thank the committee for its careful consideration of the Bill in advance of today’s debate. I welcome a number of the report’s conclusions, in particular those welcoming the provisions seeking to enhance parliamentary control over key decisions. That is very valuable. Another of the—
It is very kind of the Minister to give way so early in his speech and in the debate. Perhaps he may be able to help us. When dealing with subjects for a referendum under Clause 4, he said that “in principle” certain subjects would attract a referendum. I do not know what those words mean. Do they mean that some discretion is left in relation to Clause 4 cases? Could the Government say, “We’re not going to have a referendum”? Or does it mean what it appears to mean—namely, that there is an automaticity in the process and that, if the issue falls within the terms of the clause, there must be a referendum?
Yes, I will be able to help the noble Lord on the meaning of “in principle”. He is quite right to spot that those words indicate that there are exceptions. I will explain exactly what those exceptions are. Briefly, they cover treaty changes that might not pass the significance test, which I shall explain later and help him on, and treaty changes that do not affect this country at all. I shall come to those in great detail and will be able to help him in a way that will satisfy him completely.
Another of the committee’s conclusions, consistent with its earlier inquiry, is that referendums in the United Kingdom should be reserved for matters of significant constitutional importance and that some of the matters subject to a referendum under the Bill could lead to numerous and costly referendums on small issues. I am not sure that I agree with that. First, the coalition Government have made a clear commitment that we will not agree to any treaty changes that transfer power or competence from the UK to the EU for the duration of this Parliament. Secondly, and more importantly, any treaty change is very unlikely to focus on single or individual transfers of power, for the simple reason that it must take into account the arduousness of ratifying treaty changes across all member states, of which we have vivid experience. The Lisbon treaty took 23 months to ratify in all 27 states and we expect a similarly lengthy process with the current treaty change on the eurozone’s stability mechanism and with future accession treaties. We do not believe that there is an appetite in the EU or in the member states for a further round of treaty changes that would transfer further powers, particularly on individual issues. That is our view on the matter.
Clauses 2 to 5 make provision for the process to be undertaken in the event of future treaty changes. I want to explain this and many other aspects in some detail and I hope that your Lordships will be patient with me. Clauses 2 and 3 are broadly similar but concern treaty changes agreed under the ordinary revision procedure and the simplified revision procedure respectively. Both clauses provide that all future treaty changes require parliamentary approval by Act of Parliament. At present, changes under the simplified procedure require only a positive resolution of both Houses of Parliament. Therefore, the first change that the Bill introduces straightaway is an enhancement of control in the case of so-called Article 48(6) decisions. Both clauses also provide that, where a treaty change of either type would also transfer power or competence from the United Kingdom to the EU, such a change should also be approved by the British people in a referendum. There is one exception to this—the so-called “significance condition” in Clause 3, which, as I indicated, I shall come to in detail in a moment.
Clause 4 sets out the detailed criteria that the Government of the day would have to apply to determine whether a transfer of competence or power would occur under a future treaty change. The Government make no apology for the complexity of the provisions. We want to make it clear for Parliament, the British people and, indeed, our EU partners and the EU as a whole where a referendum would be required under the Bill. We feel that a short, vague statement would leave any future decisions more open to challenge in Parliament and the courts. It would do little to increase the transparency of decision-making in the EU, which forms a fundamental part of the disconnection of the British people to these decisions—a matter about which the whole House is rightly concerned.
Whereas the principle of competence is fairly well defined in the EU treaties, the principle of power is not. Therefore, for the purposes of this legislation, I shall set out what we mean by a transfer of power. First, it means the giving up of a UK veto in a significant area of policy, because that would mean that the UK would lose the ability to block a future measure under that treaty article. Some of the vetoes in the treaties are in areas that all sides of the House consider important and sensitive—for example, foreign policy, tax, justice and home affairs. It is, and must be, right that any treaty change that would transfer from unanimity to qualified majority voting the way in which decisions were taken in those key areas of policy should require the consent of the British people before the Government could agree to such a change. These are set out in Schedule 1 to the Bill. We do not propose to hold a referendum over more minor or technical vetoes, such as any future agreement to change the number of representatives in the Committee of the Regions. The Government have therefore taken a balanced approach in deciding which vetoes should be subject to a referendum.
The second way in which power, which we are now talking about, would be transferred would be by granting an EU institution or body, through treaty change, a new ability to impose further obligations or sanctions on the UK or on individuals and organisations within the UK. It is this particular point on which, in the case of the simplified revision procedure, a Minister can determine that a future treaty may not be significant enough to require a referendum and instead rely on the requirement for parliamentary approval by Act. This is what is known in Clause 3 as the significance condition. We have provided for this test as we obviously recognise the need to be able to distinguish between important and minor changes. Therefore, we are providing a workable, sustainable solution to prevent referendums from being held on matters that we could not justify to the British public as having such significance as to merit a referendum—for instance, on giving an EU institution the power to require special statistics from a UK body or something of that nature.
I am sorry to interrupt my noble friend. We have recently had a great many debates on referendums and, for the first time ever, we have created a precedent whereby a referendum—that in relation to the AV Bill—will be mandatory. All previous referendums have been advisory, rather than mandatory. We also had a long debate on what the turnout needed to be, and so on. Could my noble friend tell us, in regard to this Bill, whether it is proposed that the referendum should be mandatory or advisory?
These referendums are mandatory. The Bill requires that these transfers of competence away from this nation to the European Union in these very important and fundamental areas cannot take place without the approval of a referendum. I hope that that clarifies the matter.
Will the noble Lord reflect on his use of the words “competence” and “power”? He seems to be talking about cases where there is already a competence and a power to the European Union but where the decisions have to be taken by unanimity, and that that might be changed to qualified majority. I readily understand that that is a significant change, but it is not the granting of a power or competence to the European Union; it is already there. I am sorry, but I think I am right in saying that he is misusing those words all the time, as he is with the word “veto”, which is not a word known to European legislation. One either takes decisions by unanimity, in which case all member states have to agree, or by qualified majority.
I do not think I agree with the noble Lord and I shall try to explain why in my remaining remarks. The word “competence” is of course very clearly defined in the treaties. There is no need to try to unravel that because it is defined in the treaties themselves. I agree that the word “power” is more difficult and I have been dealing with that. On removing the ability to veto, it may be that those precise words are not those to be found in the treaties but the action is clear enough. The removal of the ability of this country to veto certain proposals, so that they do not go to QMV, is a very clear adjustment or in some cases a surrender of power. I would not have thought that there was any difficulty about that.
Perhaps I may proceed with the explanation. I was saying that a prime example of a treaty change where we are not affected is the eurozone stability mechanism. The third is a treaty change which merely sought to codify EU practice in relation to the previous exercise of an existing competence.
In all cases, any future treaty change will need to be considered according to a set process, provided for by this legislation. In accordance with Clause 5, a Minister of the Crown would be required to make a statement within two months of a treaty change being agreed at EU level. That ministerial statement will have to give reasons why the treaty change does or does not require a referendum, by reference to the criteria set out in Clause 4 of the Bill. Like any ministerial decision, it will be open to any member of the public to challenge the Minister's judgment in that statement through judicial review. An Act of Parliament would then be required in all cases of future treaty change. So the possibility of judicial review by the courts does not displace the role of Parliament, but offers an additional safeguard for the people to hold the Executive to account.
The EU Bill would also give Parliament greater control over whether the Government can agree to use of the self-amending provisions of the Lisbon treaty, which those of us who were here a few years ago will recall very well. Those decisions, known as passerelles or ratchet clauses, allow for modifications to the EU treaties without recourse to formal treaty change. Because of the lack of a universal definition of what constitutes a passerelle, and because the Government's aim is to ensure that our proposals are as clear as possible to Parliament and the public, we have set out explicitly which treaty articles would require additional levels of control.
As I made clear earlier, Clause 6 provides that any proposal to use passerelles which would entail a transfer of power or competence from the UK to the EU would require a referendum as well as parliamentary approval by Act. There are two broad categories of provision in Clause 6. The first is the passerelles, which enable the European Council to decide to remove a veto in an area we consider to be significant and where we have made equivalent provision in Schedule 1: for example, social policy, the environment, common foreign and security policy and EU finance. Secondly, there are five specific decisions involving a transfer of power or competence, for example, a common European defence or participating in a European public prosecutor's office.
Clause 7 makes provision to require that any proposal to invoke one of the passerelles that would not involve the transfer of power or competence from the UK to the EU should nevertheless be subject to primary legislation. Clause 8 makes provision for specific parliamentary controls over any future use of the so-called broad enabling clause in Article 352 of the treaty, well known to many of us, on the functioning of the European Union.
Clause 9 makes specific provision for three passerelles in the field of justice and home affairs. The UK enjoys a protocol in respect of this field which allows the Government to decide on a case-by-case basis whether to opt in to a justice and home affairs measure. We have provided that a Motion would need to be approved in both Houses before the Government could opt in to one of those measures. Once the negotiation has then taken place on the proposal, if it is acceptable to the Government, an Act of Parliament would then be required before the Government could agree finally to the proposal in the Council. This provision does not apply to all justice and home affairs opt-ins, only to those passerelle clauses listed in the Bill which, if used, would allow EU powers to expand within the scope of the competence already conferred on the EU in the treaties.
There are some additional proposals which would require parliamentary approval by passing a Motion in both Houses rather than by an Act. These are provided by Clause 10. There are treaty articles which modify the composition or rules of existing institutions and, for the most part, are subject to QMV.
Which other members of the EU are prepared to go down the route which the noble Lord recommends?
Different member states have different patterns, including, as the noble Lord will know very well, elaborate referenda procedures, all of which take a very long time. The noble Lord will also be familiar with the German constitutional court and with other constitutional provisions in other member countries. This may be too general a comparison, but I think he will agree that most countries have somewhat more elaborate provisions and controls through constitutional courts and referenda requirements than we have had hitherto in this country.
As I was saying, there are some additional proposals which require parliamentary approval by passing a Motion in both Houses. These are provided by Clause 10. A vote in both Houses is therefore a practical solution to enable Parliament to have an appropriate level of control.
I hope not to detain your Lordships very much more, but there are one or two final matters which it is right to put before you.
I am grateful to the Minister for giving way. He will realise that this is a rather complex Bill, and we need to hear the expert opinions of the Government on it. I want to come back to the point that I made a little earlier, which he has not answered. What did he mean by “in principle”? If he looks at Clauses 3(4) and 4, he will see that the exemption condition or the significance point—they are the same thing—can only apply where,
“the decision falls within section 4 only because of provision of the kind mentioned in subsection (1)(i) or (j)”.
Paragraphs (i) and (j) are perfectly clearly spelt out in Clause 4. What happens if it is not in paragraphs (i) or (j)? Presumably there is no question of significance or government discretion. There is no question of it being a decision for a referendum in principle. At that stage, if it is outside paragraphs (i) or (j) it is mandatory. It is compulsory in those circumstances to have a referendum.
Yes, except, of course, where the other exemptions apply, in particular, the one I mentioned that the treaty, such as the one we discussed in this very House last night, does not affect the United Kingdom and there is no competence transfer or power transfer. In those, there is no referendum, but where there is a clear transfer of competence or power and the treaty is being changed to that effect, there is indeed a mandatory requirement for a referendum. It is on the major issues that I have described, which everyone in this House is concerned with. We have mentioned them all many times, so I shall just take one very topical one: should we join the eurozone? We feel it is right that the people should be consulted through a referendum and so do, I think, the majority of people in this country.
We also feel that it is right that at the lower level, where we are talking about matters being handled by an Act of Parliament rather than just a resolution through the House, it is right, and the Constitution Committee agrees with us, that there should be more effective parliamentary control over what is happening and the passing of powers and competences. I think the position is as I described it in considerable detail to my noble friend. If I did not satisfy him, and I suspect I have not, there will, no doubt, be plenty of opportunity in Committee to go through these things in even more minute detail than I am going through them now.
I want to refer to Clause 18 because it will be recalled that the coalition set out in our programme for government that we, the coalition, would examine the case for a United Kingdom parliamentary sovereignty Bill. Following that examination, the Government resolved to include a declaratory provision in this Bill which makes it clear that EU law has effect in the UK legal order for one reason only; namely, that that authority has been conferred upon it by Acts of Parliament and that its authority lasts only for as long as Parliament so decides. This is a principle that to date has been upheld consistently by our courts.
Nevertheless, in recent years, legal and constitutional academics and others have suggested that the doctrine of parliamentary sovereignty has been eroded by, among other things, our membership of the European Union. Put another way, European law has now acquired an autonomous status within the UK legal order independent of the will of Parliament through its Acts. This argument was advanced most vigorously by the prosecution in the so-called metric martyr's case—Thoburn v Sunderland City Council—in 2002. On that occasion, the Divisional Court rejected the plea. In order to guard against the risk of any such argument gaining credence in the future, we have decided that it would be beneficial to place it beyond speculation that directly effective and directly applicable EU law owes its status within the UK legal order because statute has provided that this be so. The clause is declaratory, but lays down a firm marker about the sovereignty of this Parliament.
Finally, I reaffirm our firm belief that this legislation would have a positive impact for the people and the democratic governance of this country. We also believe it would help address the democratic deficit across the whole of the European Union today. The Government are clear that this legislation will not have any adverse impact on the influence or the engagement of the United Kingdom in the European Union. On the contrary, colleagues in the EU have agreed that it is for member states to determine how they consider and approve key decisions. The President of the European Council made precisely this point on a recent visit to London. Although they have other constitutional frameworks—this meets the point made by the noble Lord, Lord Clinton-Davis—other member states have similar provisions to those in this legislation. Several have referendum provisions in specific circumstances and, as I said earlier, the German Parliament has a series of provisions to approve a similar set of passerelles as those listed in this Bill.
There is no suggestion that those provisions in other member states pose a hindrance to their influence, in particular in the case of Germany, and we do not accept that this will be the case with the United Kingdom either; on the contrary, as I outlined, the Prime Minister continues to lead the Government’s close engagement with our European partners on those areas of policy where the EU can make a positive difference to the people of this country. Nor would this Bill hinder the day-to-day business of the EU. The provisions of this legislation do not extend to those items of legislation that are proposed under the existing competences conferred on the EU under existing treaties save for those proposals involving passerelles listed in the Bill. These decisions remain, of course, within the scope of our existing parliamentary scrutiny arrangements.
This legislation represents a significant step forward in ensuring sufficient parliamentary and public control over the key decisions taken by the Government in the EU.
I am grateful to the Minister for giving way. He passed rather rapidly over Clause 14, so perhaps I may take him back to it for a second before he sits down. I find it very puzzling. If, as most of us believe, parliamentary sovereignty is absolute, Clause 18 is not necessary. If I am wrong and parliamentary sovereignty is not absolute but could be overruled by another legal order, then nothing that we say in this Bill or this Act could change that. So Clause 18, surely, is either superfluous or ineffective.
That is a good try, but it does not quite meet the point that what we are trying to do is put the principle into statute law rather than common law. It is a change in that degree; but, otherwise, I fully concede that it is declaratory and intended to reinforce the point, which is widely but not totally accepted. So it does make some difference. However, if the noble Lord is saying that it is not a decisive, world-shattering, course-altering piece of legislation, I would have to agree with him.
I was saying in conclusion that this legislation represents a significant step forward in ensuring sufficient parliamentary and public control over the key decisions taken by the Government. The Government’s clear aim is that this will become an enduring part of the United Kingdom's constitutional framework. It will serve to re-engage the people with the decisions taken in their name. It will give greater democratic legitimacy to the pursuit of the UK’s objectives as a leading member of the European Union and will play an important part in the necessary increase in the democratic legitimacy of the European Union as a whole, not just among the people of this country but among the people of all the member states of the European Union. This is all part of enabling us, the British, to play an active and activist role in the European Union, which is, we believe, clearly in this country's national interest.
This Bill has received considerable and considered scrutiny from another place. The House will note that during that scrutiny this legislation was unopposed both on Second Reading and on Third Reading and that no amendments were proposed in Committee or on Report which affected the fundamental provisions of the legislation. The EU Bill had the support of all sides of the other place. I am therefore hopeful that this legislation will receive similar support from all sides of your Lordships' House. I therefore commend the Bill to the House and beg to move.
(13 years, 5 months ago)
Lords Chamber
To ask Her Majesty’s Government what is their assessment of the political situation in Somalia.
My Lords, the political situation in Somalia remains fragile and its instability presents increasing threats to the region and beyond. We continue to work with the Transitional Federal Government and our international and regional partners to take forward the UN-led Djibouti peace process. We, together with the United States and others, have made clear to the transitional federal institutions that there can be no extension of their mandate without reform to make them more legitimate and representative in the eyes of the Somali people.
My Lords, for the past two decades, Somalia has been a classic failed state, yet within its territory is the autonomous enclave of Somaliland, the old British protectorate. It is democratic, it co-operates with the international community as regards pirates, it seeks its own independence and international recognition, and wishes to be a member of the Commonwealth. Amid all the turbulence in the Arab world, surely now is the time for the Government to encourage African Commonwealth members to raise the matter in the African Union in the hope that there can be proper international recognition of what is a successful entity: the old British Somaliland.
The noble Lord is quite right to draw attention to this issue, and I recognise the stability and achievements of Somaliland. Indeed, that recognition is reflected in the specific aid for Somaliland that has been given. When it comes to recognition as an independent state, while that is something that the Somaliland people have sought, it really is a question of getting their neighbours to lead the way. At the moment there is no recognition of Somaliland as a separate state by any country in the world. It may be that it is through the African Union that a change of heart should come, but our position is that this is a matter that has to be settled by the Somali people themselves and their neighbours rather than unilaterally by us.
My Lords, three months ago, the UN Security Council authorised an increase in the strength of AMISOM from 8,000 to 12,000. Will my noble friend say what progress has been made in meeting that objective? Will he also identify the substantial gains in the territory controlled by the TFG and AMISOM as announced in an AU communiqué of 17 March, if necessary by publishing a map?
I will look into the question of publishing a map, but, as far as progress in upgrading the strength of AMISOM is concerned, I am informed that the first 1,000 additional troops, provided by Burundi, were deployed early this month. The remaining troops are being provided by Uganda and are expected to deploy before the summer. As for the substantial gains, AMISOM carried out an offensive in Mogadishu from 19 February to 6 March, during which it was able to secure new ground, including vital areas around Bakara market. We are aware of other fighting between TFG-aligned militias and al-Shabaab elsewhere in the country, including in and around Bulo Hawo.
My Lords, have we not dangerously underestimated the reach and influence of al-Shabaab, not only in terrorising the people of Somalia but also in claiming responsibility for the deaths last year of 74 innocent people in Uganda? Should we not be doing more to highlight the depredations of al-Shabaab, which include the killing of Sufi and moderate Muslims, public executions, amputations, public flogging and stoning of women, the routine killing of journalists and the recruiting of child soldiers, some of whom have been responsible for some of the murders that I have mentioned? This has inevitably led to a large number of refugees leaving the country. What can the Minister tell us about the plight of those refugees, the human rights abuses and the export of al-Shabaab’s terror?
I can certainly confirm that, as the noble Lord said, al-Shabaab is a vicious and dangerous group which has been responsible for numerous terrorist attacks in Somalia and the killing of soldiers, AMISOM troops, innocent civilians and parliamentarians, and which shows no regard for human life. The noble Lord asked what we could do. Her Majesty's Government have a Somalia strategy which they are pursuing. We are working with the AU, the EU and other allied forces and we are doing everything we can to establish a political strategy for the area. It is called a “dual-track” strategy, whose objective is to encourage both the transitional Government, provided that they commit to the right degree of reforms, and the bottom-up development of responsible and constructive groups who can oppose these very unpleasant people. They are a real danger, and the noble Lord is absolutely right to draw attention to their vicious and unacceptable activities.
My Lords, may I press the Minister a little further on the question of reform? In his Answer, he said that there would be no extension of the transitional institutions’ mandate without reform to make them more legitimate in the eyes of their own people. What help is being given by DfID in this reform process and how is it being co-ordinated with help from the European Union?
I say in response to the second part of the noble Baroness’s question that we are supporting the European Union training mission, which trains up personnel and returns them to Mogadishu to assist policing and the upholding of law and order, such as it is in the area. We are working with it on a number of other programmes as well. As a result of the DfID review, the UK has agreed to provide up to £250 million—a very considerable amount indeed—in support of Somalia over the next four years, but we shall have a review of how that is going halfway through, in 2013. Our objective is to help support prosperity and tackle poverty across Somalia and to support efforts at peacebuilding and reconciliation at national, regional and, as I was saying a moment ago, at local level. It is the co-operation of the transitional Government and their commitment to this programme that are the conditions on which we base our support for them.
My Lords, is the Minister aware of the work being done by Missions to Seafarers Mombasa in providing counsel and support for seafarers who have been freed after having been hijacked by pirates off the coast of Somalia? Will he join me in affirming the wonderful work undertaken by Missions to Seafarers, not least through the promotion of an annual Sea Sunday, which this year, on 11 July, will highlight the problem of Somali piracy?
We are aware of this excellent work. It reminds us all of the much wider problem of piracy—which has been discussed in the House—which has been getting worse. The UK Government are taking the lead through the contact group and a variety of other co-operative links with the EU NAVOR Operation Atalanta, the Combined Maritime Task Force 151 and the Standing NATO Maritime Group 2. A co-ordinated effort is coming together to meet the overall piracy issue, the basic roots of which, given the instability of Somalia, lie as much on land as they do on the high seas.
(13 years, 5 months ago)
Lords Chamber
That, in accordance with Section 6 of the European Union (Amendment) Act 2008, this House approves Her Majesty’s Government’s intention to support the adoption of draft European Council Decision EUC 33/10.
Relevant document: 10th Report from the European Union Committee.
My Lords, this Motion is a necessary part of the process leading to a treaty change required by the member states of the European Union in the eurozone. I shall explain the purpose of, and need for, the Motion in detail in a moment. However, at the outset I observe that it is very much in the United Kingdom’s national interest that this House, under the terms of the European Union (Amendment) Act 2008, which we all recall, should approve this Motion without amendment so that the Prime Minister may support the adoption of the draft European Council decision to amend Article 136 of the Treaty on the Functioning of the European Union at the European Council meeting scheduled for 24 and 25 March.
As the Leader of the House made clear in his Statement following the December European Council, no one should doubt that stability in the eurozone is important for the United Kingdom. A large proportion of our trade is with the eurozone and London is Europe’s international financial centre. It is because of this interrelationship that the UK’s financial institutions and companies, both big and small, have huge exposure to the banks and businesses based throughout the eurozone. Worsening stability is therefore a real threat to the UK economy, as I am sure all your Lordships appreciate.
In explaining the background, I begin by reminding the House of the conclusion drawn on this proposed treaty change by the European Union Sub-Committee on Economic and Financial Affairs and International Trade at its meeting on 1 February. In his letter to the Minister for Europe, the chairman of the Select Committee on the European Union said:
“We fully support your view that it is in the UK’s interest to support a stable and prosperous Eurozone. Given that this Treaty amendment would not apply to, or have any financial risks for, the UK, we support your intention to vote in favour of this amendment. We have agreed to clear this document from scrutiny”.
From that background quotation I move to the reason why are we having this short debate this evening. First, Section 6 of the European Union (Amendment) Act, arising of course from the Lisbon treaty, requires that when a draft decision under the simplified revision procedure—that is, Article 48(6) of the treaty—is proposed, a Minister must introduce a Motion and have it passed by both Houses without amendment before the Prime Minister can signal his agreement to the adoption of that draft decision at a subsequent European Council. Secondly, if the House approves this Motion, it authorises the Prime Minister to agree to this draft decision and this draft decision alone at the European Council. Should there be any amendment to the draft decision at the European Council, the Prime Minister could not agree to it at the European Council without first coming back to another place and this House for additional approval. Therefore, the draft decision referred to in this Motion will be the version that is agreed at the European Council. There can be no other without the further approval of this House in a further debate such as the one that we are having tonight.
If the draft decision is adopted by the European Council under Article 48(6), all 27 member states must then also approve the treaty change in accordance with their respective constitutional requirements before the decision can enter into force. This means that the treaty amendment itself will not come into effect until the UK and all other member states approve or ratify the adopted decision.
However, if the European Union Bill, which has just been introduced to this House and will have its Second Reading tomorrow, becomes law, this treaty change will also be subject to Parliament’s approval by Act before the UK can ratify it. We have made it clear that we shall proceed in accordance with the provisions of that Bill. In other words, there will be a full further opportunity for your Lordships to debate this matter when the treaty change comes forward in due course for ratification, which under our new procedures will require the full processes of primary legislation. That is an important change from the position in the past.
I turn to how the proposed treaty change came about. As your Lordships will know, it originates from the need for a permanent mechanism to be established by the member states of the euro area to safeguard the financial stability of the euro area as a whole. That is an obvious need. In May last year, the European Union established two emergency instruments to respond to financial crises. The first is the European financial stability facility. This is a temporary facility established intergovernmentally by euro area member states to provide loans to euro area member states in difficulty. It is a limited fund and is due to end in June 2013. The second is the European financial stability mechanism, which the coalition Government, of whom I am a member, inherited from the previous Government. Under this mechanism, the Council can agree, by qualified majority, to the Commission providing assistance using money raised on the financial markets, backed by the EU budget. It therefore creates an indirect liability for the United Kingdom. That is a very important point.
Against the backdrop of continued uncertainty in financial markets, the members of the European Council agreed in December to amend Article 136 of the Treaty of the Functioning of the European Union to provide that member states of the eurozone may establish a permanent stability mechanism. This mechanism, the European stability mechanism or ESM, will provide a necessary means for dealing with cases that pose a risk to the financial stability of the euro area as a whole, so it is important to us given the extent of our trade with it. This is what we are dealing with tonight.
The details of how the ESM will operate are being discussed in Brussels. In accordance with the conclusions of the December European Council, member states whose currency is not the euro can be involved, on a voluntary basis, in finalising work on the design of the ESM, which will be established by intergovernmental arrangement among the eurozone member states. My colleagues at the Treasury are responsible for overseeing the UK input to these discussions.
I stress that although we are involved on a voluntary basis in the design of the mechanism—it is very much in our interest to be so—we cannot and will not be part of it. In fact, we could not be part of it unless we joined the euro area. As the whole House is aware, this Government will not join the euro and, if the EU Bill becomes law, any future Government who wished to do so could join only with parliamentary approval by Act of Parliament and the British people’s approval by referendum. I should like to reassure your Lordships that the proposed treaty change does not and will not transfer any competence or power from the United Kingdom to the European Union. As I said, this treaty change is in our national interests. Instability in the eurozone has direct implications for the UK and all the other economies in the single market and beyond.
On top of that, the Prime Minster negotiated successfully two important objectives. First, as the conclusions of the December European Council confirm—that is the so-called recitals—once the ESM is established to safeguard the stability of the euro area, Article 122(2), on which basis the old EFSM was established, will no longer be used for such purposes. Our liability for helping to bail out the euro area through European Union borrowing backed by the EU budget will cease. It is crucial to our interests that it does cease. Secondly, securing a tight budget for the future is our highest priority. At the last two European Councils, Britain led an alliance of member states in limiting the 2011 EU budget increase to 2.91 per cent, as your Lordships have already discussed and debated in this House. In moving forward, working alongside key partners such as France, Germany, the Netherlands and Finland, we are committed to a real-terms freeze in the EU budget from 2014 to 2020 and we have written to the President of the European Commission setting out our position.
Without this Motion this evening, the consequences would be serious and damaging for Britain. The Prime Minster would not be able to signal his support for the draft decision at the March European Council next week and the decision then could not be adopted, as like all other treaty changes it requires unanimity. This means that, if it failed, Britain would remain indirectly liable for eurozone bailouts through the EFSM, as it would not have been replaced by the ESM. By supporting the adoption of this treaty change at the March European Council, the UK will be supporting the members of the eurozone to establish a permanent mechanism, which will make clear the responsibilities of all the members of the eurozone to each other and to the overall stability of the euro area.
That means that we will ensure that our current indirect liability for eurozone bailouts comes to an end in 2013. As this new mechanism is established using the treaty provisions specific to members of the euro area, it will not apply to non-euro area member states and cannot confer any obligations on them. I hope that I have provided your Lordships with an explanation of the mechanisms, which I agree are not simple, and the purposes for passing this Motion tonight. I beg to move.
My Lords, I am grateful to all those who have spoken on this Motion and applied their—in many cases—extremely acute learning and expertise to the various issues that arise. The noble Lord, Lord Eatwell, who has just spoken with the tremendous skill of a professional economist, if I may dare call him that—but anyway an expert—made some very acute points. He seemed at one point to come very near to questioning the whole future virtue of the euro and the eurozone and asking me to describe details of the ESM system, of which of course the design is not yet complete. He is asking me to produce something that simply does not exist yet and, much as I am anxious to please him, I cannot do that this evening. The ESM has yet to be completed. The British Government will be involved in input to that design, but we will not actually be part of it—so I am not quite sure how I can describe something that has not yet been put together yet. I would love to try, but I am not sure how I can do it.
Would the Minister explain why he is asking this House to agree to a Motion that he asserts is going to be in the best interests of the UK when he does not even know the mechanism that the Motion will create?
For the obvious reason that, in order to go ahead with the design of the ESM, there has to be first this Motion and then the alteration of the treaty, which under our new provisions of the EU Bill will also be debated in this House. We have to start the process off. If the proposition is that we cannot start until we know everything and that we are not going to know everything until we start, the noble Lord is asking me to go around in circles. That is often the fate of those in government, but in this case I prefer to begin to proceed on a process. Of course, I cannot stand here and say that what is going to emerge for the ESM and members of the eurozone will all be wonderful and work perfectly and that the eurozone will be happy for ever. The noble Lord could not reasonably expect me to be able to say that. I have no idea, as there are major issues of a geopolitical, political and economic nature lying ahead for the organisation of a financial structure for the eurozone, and none of us can be dead certain how these things will turn out. What one can say is that this is a move in the direction of trying to stabilise the eurozone, which the Government believe is in the interests of the United Kingdom. The noble Lords, Lord Pearson of Rannoch and Lord Stoddart, took different views, but that is what we believe and that is the Government’s position.
The Minister is confirming what the noble Lord, Lord Eatwell, said and what I asked him in my few remarks. We are being asked to agree something when we do not know what it will be. Why cannot we agree to the next phase going ahead and then make a final decision when we know what we are talking about? Why cannot we do it that way around?
Perhaps the noble Lord has not understood. That is exactly what your Lordships are being asked to do—to go ahead with the next phase. The Motion is required under the Lisbon treaty legislation; there will be a full debate on the new primary legislation, which we will start debating tomorrow. This is the next phase. The alternative is obviously to stand pat and do nothing, which the Government believe very strongly would be a serious and damaging step, which might lead, although I cannot guarantee it, to very serious damage for this country. So it seems right to take the next step forward. That is what both Houses of Parliament have been asked to do in order that the Prime Minister can take the necessary measures at the European Council later this week. Noble Lords are quite right—I said next week but I meant this week.
One or two of the points that have been raised are complex and important. The noble Lord, Lord Harrison, referred to the excellent Select Committee report which confirmed a number of the points that I have made, including the very important one that Article 122(2), which is the one governing the EFSM, will no longer be used. That is just as well because it had a liability for the UK.
My noble friend Lord Lamont of Lerwick asked two questions. The first was on whether Article 125 was compatible with having no bailout. He asked whether I, with a straight face, could make various assertions on that matter. I will give him what is in the brief before me, which has some strong validity. Article 125 of the treaty provides a clear assurance that no member state shall receive a bailout. However, it does not preclude the EU or member states from providing loans to one other. The EU’s balance of payments facility has already provided medium-term financial assistance to a number of member states. Article 2(1) of the EFSM regulation makes it clear that the financial assistance it envisages is strictly confined to either a loan or a credit, so that would need to be paid back. That is the explanation. I am a little worried about the straightness or otherwise of my face, yet that makes reasonable sense to me. It has been a matter of lively debate in other countries, such as in the Bundestag, but that is the answer that I have to his question.
My Lords, surely the Minister must agree that when a loan is not repaid it becomes a commitment?
All I can say is that this is how the debate has gone and these are the decisions that have been taken by those in the eurozone, which does not include us, who decided to go ahead and move from the EFSM to the ESM. The noble Lord has a different opinion of the financial aspects and is a financial expert of no small degree, so he may be right. However, that is not the view taken by the German Government or by the other Governments of the eurozone area.
My noble friend Lord Lamont also asked about the competitiveness pact. I can tell him that the latest draft of the pact makes it clear that:
“The Pact will fully respect the integrity of the Single Market”.
I am then advised that non-eurozone countries—such as us, among others—have been invited to join the pact and that we are assessing whether we should do so. I add that many of these points tonight point in the same direction and that we are really getting into the issues which we will be discussing on the new EU Bill tomorrow, when we shall have its Second Reading.
The noble Lord said that the Government were still considering whether to join the competitiveness pact. Is that the position: that this matter is still open?
That is different from what the noble Lord said, so he is not quite right that that is the position. I was going on to say that under the provisions of the EU Bill, which has its Second Reading tomorrow, any question of a movement of competence or powers from the UK to the European Union arising from any of these things is subject to the most rigorous procedures—in many cases, a referendum procedure but certainly an Act of primary legislation—which make it more or less impossible for them to be, as it were, slipped by or to be involved in any kind of competence creep. That is the position in answer to my noble friend Lord Lamont.
The noble Lord, Lord Pearson, took a familiar position and did not think that we should be propping up the eurozone at all. I admire his concern for the German taxpayer, as he is clearly worried about our German friends and the amount of tax that they might have to pay if liabilities arise. He asked if we were setting up a transfer union. My judgment—this is from outside because we are not a member—would be that the eurozone members are not setting up a transfer union because that would require a far bigger budget at the centre than anything that operates under the present European Union organisation and rules. I think that the answer is no, but really that is a question that was posed by German Bundestag Members and answered by the German Government.
My Lords, I want the eurozone to succeed. That is why I was particularly concerned about the structure of the ESM, as agreed last weekend. I asked several rather technical questions about that. I am content if the noble Lord does not feel that it is appropriate to answer those questions this evening, but I wonder if he would undertake to write to me and answer them.
I will undertake to write if I can get hold of the propositions that the noble Lord is asking about. If he is asking me to describe exactly how the ESM will work, I cannot yet do so because it has not been designed. We are taking a step towards the point where design of the ESM can begin. The noble Lord, Lord Pearson of Rannoch, would rather we did not take that step forward. However, the noble Lord, Lord Eatwell, who is extremely expert in this field, and his party want this to go ahead. We should take this first step. I know I will not be able to satisfy the noble Lord, Lord Eatwell, in describing the exact design of the ESM system because the mechanism is under construction.
The noble Lord also had some fun—it was rather enjoyable—by asking how we could hold two views that he believed to be contradictory. One is that the ESM would directly benefit the UK or, to put it negatively, that failure to go ahead with the ESM would greatly damage the UK. At the same time, we were not involved in it. The remark of, I think, an American philosopher passed through my mind: the mark of an intelligent mind is to be able to hold two contradictory thoughts at the same time. It may be that it is the mark of an intelligent Government to do the same. It is of course possible to argue, as I have this evening and I stand by it, that standing in the way of this next step is standing in the way of a step that may lead to better things and greater stability for the eurozone. We judge, contrary to the views of the noble Lord, Lord Stoddart, that this is an improvement and is good for the British economy, British prosperity and the British people.
That is not the same as saying that we are involved in the powers, competencies and arrangements of the ESM. We are not. We have been in the EFSM and we were liable. We will cease to be liable in the future, once we can get this system in place. The first step is now required and it is one that the Prime Minister wishes to take, quite rightly, in the interests of this nation at the European Council meeting at the end of this week.
There will be, I repeat, a second opportunity to debate this treaty change during ratification, in line with the provisions of the EU Bill once it becomes law. Your Lordships will be addressing their minds to it at Second Reading tomorrow. Under the EU Bill, all treaty changes require primary legislation to be ratified, so this is not the end of the matter by any means. It is a start and it is a good start—the right start in the interests of this nation.
(13 years, 5 months ago)
Lords Chamber
To ask Her Majesty’s Government what is their assessment of the political situation in Bahrain.
My Lords, the Government are gravely concerned about the deteriorating security situation in Bahrain and are monitoring the situation closely. The Prime Minister spoke by telephone to King Hamad bin Isa Al Khalifa on 15 March and called on him to end the violent oppression of street protests in Bahrain. The Prime Minister said that it was vital that the Bahraini authorities responded through reform, not repression, and he called for restraint on all sides. My right honourable friend the Foreign Secretary reiterated those points when he spoke to the Bahraini Foreign Minister yesterday. The Government call on the authorities in Bahrain to respect the right to peaceful protest and to respond to the legitimate concerns of the Bahraini people. There must be open access to hospitals and medical care. The Government call on the protesters to refrain from violence and we urge them to respond positively to the offer of national dialogue.
Does my noble friend accept that Britain has a special moral responsibility in the case of Bahrain, as it promised independence and constitutional government when it handed independence to Bahrain in 1971? Given the invitation from the Bahraini royal family for the Saudis to intervene, does my noble friend agree that this has eerie resonances of the Warsaw pact in 1956 and 1968 and, most recently, of Afghanistan in 1979? Does he intend calling in the Saudi ambassador and asking what the Saudis’ intentions are and when they expect to go back over the causeway to oppress their own people, which they seem to do rather well?
With respect to my noble friend, the historical analogies can be overdone. The situation in Bahrain is different, as the king and the ruling authorities have sought dialogue, although it is perfectly true that this pattern does not seem to be working out at present. As to the position of Saudi Arabia, it is correct that Gulf security forces—I emphasise that it is not just Saudi but GCC forces, including a UAE deployment—have been deployed in Bahrain. We are of course concerned at the escalating situation and it is clearly vital the outside forces exercise the highest restraint and avoid violence. I am informed that the incoming forces are not involved in direct policing but are concerned with safeguarding installations. Dialogue and discussions with the Saudi Arabian ambassador are no doubt in hand and the Foreign Office will have close contact with him and other authorities.
My Lords, is not the United Kingdom’s position somewhat compromised since we have not only been an ally of the Bahraini kingdom but supplied equipment to be used in riots and so forth? What is being done to review those exports?
It is perfectly correct that we have regarded Bahrain as a friend. Indeed, the GCC forces, which include Bahraini forces, have a variety of equipment, some of which is of British origin. As the Trade Minister told your Lordships the other day, all export licences are considered on a case-by-case basis in the light of prevailing circumstances and, once approved, are kept under review. Every licence is scrutinised in the light of changing facts on the ground and if the situation in a country changes significantly, as is clearly happening not just in Bahrain but in other Middle Eastern countries, it is normal practice to review licences, as was done for Bahrain back in February. Of course there are dilemmas and difficulties, but we seek to support those aspects of the situation—in this case, national dialogue—that will bring stability and peace and minimise bloodshed.
My Lords, I am sure the House is very grateful to the noble Lord for giving us that update on the political situation in Bahrain. However, the Foreign Office is having to assess not only the political situation in Bahrain but the consular implications, given that we hear today that Britons are being advised to move out of Bahrain if they can. This is not the only crisis that the Foreign Office is dealing with, as there is the crisis in Japan—of which we are all acutely aware—and the crisis in Libya, too. We have three major crises, any of which would at one time be a huge burden on Foreign Office capacity. We have heard that there have been slip-ups over people going into Japan. I am not making an issue out of that but I am saying to the noble Lord that the Foreign Office is working all hours with this huge burden of three simultaneous crises. The noble Lord is a wise man and a very sensible man, and I do not say that in a back-handed way but because I think he is the most experienced head around the ministerial table. Will the noble Lord now ask his colleagues to look again at Foreign Office staffing, and in particular at the staffing for consular issues that arise out of such crises?
The noble Baroness speaks from considerable experience and she offered, I think, some kind words—I am not quite sure how kind they were. She is absolutely right that these crises come not in ones and twos but in battalions. I actually make it that we are dealing with five major crises at the moment in the Foreign and Commonwealth Office, and this of course places a considerable strain on our extremely dedicated and hard-working staff. The question of support at the consular and other levels is under constant review. We believe that in the present situation—she has mentioned Japan, but there is also the Libyan problem, the Middle East generally and Bahrain, which we are talking about—we can cope with these matters efficiently and are doing so in terms of giving the right travel advice. For those who have been advised to get out of Bahrain, we are offering support for their travel and removal with charter flights. These things can be done. Occasionally there are, inevitably, some hiccups and problems, but we believe we are on top of the situation, and the question of staffing is under constant review.
My Lords, while welcoming the statement by the Prime Minister yesterday calling for reform and not repression, is it not a fact that we have spent years cosying up to the hereditary dictators in Bahrain, which makes it difficult for us to change our line to suit current circumstances? Is the noble Lord doing anything about the killing of six peaceful demonstrators yesterday, the importation of the foreign mercenaries and the re-arrest of six opposition leaders who have only just been released from weeks and weeks of illegal detention and torture?
I have considerable respect for my noble friend, who is constantly campaigning for human rights and justice in all these areas, as he is right to do, even among those with whom we have had good relations in the past. I think that “cosying up” is slightly the language of the media. We were dealing with a country which was at peace, was well administered and was supportive of dialogue and reform. There is no comparison at all with Gaddafi and his crazed approach in Libya, where there is a different situation.
However, my noble friend is also quite right that the arrests of political figures give us great concern. We do not want to see a reversion to the days when Bahrain routinely held political prisoners. We argued against that. The Government and the security forces must respect the civil rights of peaceful protestors, including the rights to freedom of expression and freedom of assembly. We make those points to those who have been our friends and we believe that, having had well intentioned relationships in the past, we can carry more influence. Of course, in the present situation we have to work hard to get that influence through.
(13 years, 5 months ago)
Lords Chamber
To ask Her Majesty’s Government what action they are taking to promote and support the rule of law in the countries of the Middle East.
My Lords, in the Kuwaiti Parliament on 22 February last my right honourable friend David Cameron affirmed that we stand with the people and Governments of the Middle East,
“who are on the side of justice, of the rule of law and of freedom”.
As part of Britain’s long-term approach to, and friendship with, the region, and drawing on UK legal expertise, this Government undertake a range of activities to assist in promoting the rule of law. This includes training and mentoring to help build the skills and capacities of judges, justice ministries, lawyers and the police, and specialist support to develop policy and unlock legislative reform.
I am sure that the Government and the House will agree that the lack of rule of law and democracy and human rights in the Middle East underpins so much of the instability and conflict in the area. I know that the Minister is aware of the proposal that I made to Zayed University in Abu Dhabi with outreach into Palestine to develop the rule of law in Palestine and Abu Dhabi. We have a very special position in the United Kingdom because of our expertise and history on the rule of law. Will the Minister continue to support the proposal that is now well developed for Palestine and Abu Dhabi to link up on the first postgraduate programme including human rights and international law in the Middle East?
My Lords, I am aware, as I think the noble Lord knows, of the project to set up the postgraduate school of law at Zayed University in Abu Dhabi combining Palestinian and Abu Dhabi endeavours. We welcome that as an excellent initiative and my honourable friend the Under-Secretary of State, Alistair Burt, has also indicated his welcome for it and suggested ways in which we in the Foreign and Commonwealth Office can assist with the project.
Can the noble Lord confirm that this country has already assisted in setting up a system of courts in Qatar, and will they offer similar help to Bahrain and other Gulf States? Finally, would Commonwealth legal models provide suitable examples for similar systems in the Middle East?
On the final point from the noble Lord, who knows a great deal about these things, I think the answer is yes. Of course, we are active in offering legal assistance and legal training help in all those countries in the region that wish to accept it, which is most of them. In addition, we have the Arab Partnership Fund, which highlights priority areas for action, including the rule of law and anti-corruption work, throughout the Middle East and north African region. Obviously at the moment there are some problems in the way of carrying on these programmes, but wherever they are wanted and needed, we are pressing to offer them.
My Lords, will my noble friend agree that the rule of law must be predicated on an element of justice alongside freedom, and that most of the Middle East countries have used terrorism laws in the aftermath of 9/11 to put on their statute books some of the most repressive and catch-all legislation there is? The noble Lord, Lord Hylton, mentioned Bahrain, which has very repressive anti-terrorism laws. Are we working with these countries to help moderate their attitude towards terrorism and to provide a little more scope for peaceful dissent without dissenters being entrapped by those laws?
The short answer is yes. My noble friend is completely realistic in pointing out that there were some undesirable practices and programmes in the past. Our view is best encapsulated by a quotation from the Prime Minister when he said in Kuwait the other day:
“It is not for … governments outside the region to pontificate about how each country meets the aspirations of its people. It is not for us to tell you how to do it, or precisely what shape your future should take”,
in these countries. He continued:
“But we cannot remain silent in our belief that freedom and the rule of law are what best guarantee human progress and economic success”,
in each country. That is the principle on which we proceed. Where we find obstacles, we will seek to overcome them.
My Lords, I am delighted to hear that the Prime Minister gave such enthusiastic support to an initiative that was actually begun by my noble and learned friend Lord Falconer of Thoroton when he sat on the Woolsack. Are the Government specifically encouraging the very useful work that the Law Society and the Bar Council have undertaken in a number of countries in the Middle East?
I also agree with the points made by the noble Baroness, Lady Falkner of Margravine, that human rights lie at the heart of the rule of law. In so far as that is concerned, will the Government particularly direct their attention to encouraging the countries of the Middle East to sign up to the protocols against the death penalty and the use of torture, and the protocol for joining the International Criminal Court, as Tunisia has done since the revolution?
My Lords, the answer is yes to all those points, and certainly to the support of the Bar Council. There is also the Justice Assistance Network, a cross-governmental network that draws on UK expertise to provide coaching, mentoring and twinning support for judges, prosecutors and court staff. We are active and positive in all these areas, and we recognise the work done by both the noble Baroness and the previous Government in this area.
My Lords, I should disclose that I am the president of the court referred to by the noble Lord, Lord Hylton. In that connection, perhaps I may underline the contribution being made by many law firms in the Middle East. Does the noble Lord agree that what will happen is that those countries will look at the way we observe the rule of law in this country? In those circumstances, is it not critically important to show that we meticulously observe the rule of law and recognise the importance of the European Court of Human Rights in relation to our own situation?
The noble and learned Lord is drawing me into a major and vastly important area on which I am not going to comment today except to say that his contribution to it is of course enormous and that we recognise the value of his opinions. But the broader question of the European Court of Human Rights, how it works and its relationship to the EU as a whole and to this country, is one that no doubt we will debate in this House vigorously in the coming weeks.