Bahrain

Lord Howell of Guildford Excerpts

Thursday 17th March 2011 Lords Chamber

[Baroness Falkner of Margravine]

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

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

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.

[Baroness Falkner of Margravine]

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?

[Lord Howell of Guildford]

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.

[The Earl of Sandwich]

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?

[Lord Howell of Guildford]

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.

[Baroness Symons of Vernham Dean]

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?

[Lord Howell of Guildford]

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.

[Lord Avebury]

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?

[Lord Howell of Guildford]

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.

Middle East: Rule of Law

Lord Howell of Guildford Excerpts

Wednesday 16th March 2011 Lords Chamber

[Lord Soley]

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.

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

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.

[Lord Soley]

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?

[Lord Howell of Guildford]

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.

[Lord Hylton]

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?

[Lord Howell of Guildford]

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.

[Baroness Falkner of Margravine]

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?

[Lord Howell of Guildford]

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.

[Baroness Symons of Vernham Dean]

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?

[Lord Howell of Guildford]

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.

[Lord Woolf]

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?

[Lord Howell of Guildford]

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.

Côte d’Ivoire

Lord Howell of Guildford Excerpts

Wednesday 16th March 2011 Lords Chamber

[Baroness Kinnock of Holyhead]

To ask Her Majesty’s Government what representations they are making to the United Nations and the European Union on the situation in Côte d’Ivoire.

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

My Lords, through the European Union and the United Nations, the United Kingdom offers its support for firm action on Côte d’Ivoire in the UN and the EU, and gives broad support to the work of the African Union. We supported the reinforcement of the UN peacekeeping force and continue to urge a robust interpretation of its mandate. We also supported swift action in the EU to apply strong and appropriate restrictive measures against those who support and sustain Mr Gbagbo’s regime. With our EU partners, we will review and reinforce these measures as necessary.

[Baroness Kinnock of Holyhead]

I thank the Minister for his detailed response. Does he agree that while the world focuses on Japan and North Africa, we must also respond to the growing humanitarian and security emergency in Côte d’Ivoire? Some 400,000 people have been displaced, and 75,000 of them have already moved into Liberia, one of the poorest countries in the world. How will the UK respond to urgent appeals for aid for Côte d’Ivoire and, indeed, for other countries in the region that are affected such as Liberia, Sierra Leone and Ghana?

[Lord Howell of Guildford]

The noble Baroness is entirely right. What is happening in Côte d’Ivoire raises broad concerns that affect the global community, not just this country. I have particularly in mind the horrific murder of several women who only the other day were shot down in cold blood in Abidjan. I have been asked how we support these matters. We do it chiefly through the UN and the European Union. Our own Department for International Development is monitoring the situation and provides direct help, particularly to refugees, to whom the noble Baroness specifically referred. So, frankly, our support is not mainly bilateral but through international institutions and the EU, working in support of France which tends to take the lead in these matters. However, the situation is a worry for all those concerned with civil rights and the promotion of peace and stability in Africa. What is happening at the moment is extremely worrying.

[Lord Steel of Aikwood]

I hope my noble friend understands that I am not advocating that we send a gunboat, given that we have very few gunboats left to send. However, will he consider the successful operation in Sierra Leone a few years ago? Given the support that, importantly, the African Union has given to Mr Ouattara’s successful election, what practical help can the Government offer to try to get rid of the deposed president?

[Lord Howell of Guildford]

When it comes to detailed help, particularly if force is involved, ECOWAS is the organisation that is bound to take the lead. In principle we support the proposals made by ECOWAS, but we think that the authority of the United Nations is needed before they are taken forward. If there is to be that kind of pressure backing up the views of the African Union High Level Panel, of which I am afraid Mr Gbagbo took not the slightest notice, any such firm intervention should be made through the ECOWAS system.

[Lord Hughes of Woodside]

My Lords, given that the focus so far has been on mediation between the two parties in Côte d’Ivoire, is it not now time to abandon that since it is clearly not working? Any attempt to broker an agreement between the two candidates, one of whom failed to be elected and one of whom succeeded, is simply futile and fuels the problem?

[Lord Howell of Guildford]

I think it has been right to try mediation and talk, but the noble Lord may be pointing in the direction in which things develop. Mr Gbagbo has flatly rejected any attempt at compromise and his troops continue to commit violent acts in Abidjan, as I described a moment ago. The lawfully elected president, Mr Ouattara, remains unable to take over his lawful position. Things may go that way, but in the African Union and ECOWAS there is a great wish to see whether it can be done without bloodshed first.

[Lord Fraser of Carmyllie]

My Lords, some considerable time ago, I was invited by the trading company Trafigura to conduct an independent inquiry into the alleged dumping of slops in Côte d’Ivoire by it. That followed an invitation to which I responded positively to conduct an inquiry led and asked for by the Labour Administration in the Scottish Executive into the cost overrun of the Scottish Parliament. I am delighted to say that a Labour Lord Chancellor had the generosity of spirit to say to me that that was exactly the way to write a report. Subsequent to that, not a single member of the deposed president’s Cabinet responded to me. They were clearly gagged. It seems to me that I was getting dangerously close to the truth that there was widespread corruption in that Administration, and that is why they do not wish to relinquish office. Do I take it from my noble friend’s previous answers that he is telling me that I should just stay silent until democracy is restored to that benighted country?

[Lord Howell of Guildford]

Perish the thought that I should ask my noble and learned friend to stay silent on these matters. His experience and his skill and expertise in this area and many others in the legal and other fields are very considerable, as we all recognise. He describes an interesting bit of history. Indeed, modern developments confirm that in the matter of Mr Gbagbo we are dealing with a very unsavoury character who is clinging on to power illegally and no doubt using extremely dubious means to do so. That is recognised by the African Union, the United Nations and, certainly, by Her Majesty's Government.

Shipping: Piracy

Lord Howell of Guildford Excerpts

Tuesday 15th March 2011 Lords Chamber

[Lord Naseby]

To ask Her Majesty’s Government what action they are taking to mitigate and eventually eradicate the hijacking of United Kingdom shipping by Somali pirates.

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

My Lords, Her Majesty’s Government contribute warships to multinational counterpiracy operations and command the European Union operation. We work with industry to implement best management practice by ships to minimise the risk of a successful hijack, but the long-term solution lies on land with the rule of law and increased stability. The United Kingdom is leading international action in the Contact Group on Piracy off the Coast of Somalia to deliver a comprehensive response to Somali piracy.

[Lord Naseby]

Is my noble friend aware that the situation gets ever more serious? Two major tankers have been hijacked in recent days, nearly 800 hostages are being held, and now no less than 10 mother ships are extending the amount of ocean in which the hijackers can operate. Since we as Her Majesty’s Government are in the lead role, is it not time that in conjunction with our partners we use some of the UAV planes to pinpoint where these mother ships are and, if necessary, either sink them by an armed UAV or find some other means of sinking them? After all, the Tamil Tigers’ navy was put out of action only by the Sri Lankan navy sinking the mother ships.

[Lord Howell of Guildford]

My noble friend is absolutely correct. The situation is getting more serious every week. More and more ships are being attacked by the hijackers and the piracy operation is growing, so he is completely right to recognise the seriousness, as do Her Majesty’s Government. We are, as he says, in the lead on the Contact Group on Piracy off the Coast of Somalia. We are seeking to develop more substantial facilities to meet and track the pirates. The question of the UAVs is difficult. We have none, but of course our American allies do. A great many of these are currently deployed elsewhere, but my noble friend can rest assured that we intend to develop a more robust response in relation to these and other kinds of maritime air patrol because it is certainly needed.

[Lord Anderson of Swansea]

My Lords, the Minister will be aware of reports of a deal between the pirates and al-Shabaab, an affiliate of al-Qaeda in the Arabian Peninsula, whereby the terrorists cream off some of the money that goes to the pirates. Do the Government accept that this is likely to be true? If so, will it not have an affect on us in the possible financing of terrorism through the diaspora in the UK and in possibly making insurance companies in the UK liable for that financing?

[Lord Howell of Guildford]

I have certainly heard of these reports and there are a great deal of rumours surrounding the whole question of the relationship between pirates, pirate finance and terrorism in the region, but we have no firm evidence of this particular pattern of transaction. It is, however, something that we are investigating and watching very carefully indeed.

[Lord Stirrup]

My Lords, the Minister said quite rightly that the causes of piracy as opposed to the symptoms must be dealt with on land and cannot be dealt with at sea. Could he therefore tell us what progress is being made in engaging with, and building capacity within, what passes for the authorities in Puntland?

[Lord Howell of Guildford]

In Puntland, Somaliland and Somalia itself we are making efforts to reinforce the facilities for both the prosecution and the imprisonment of pirates, so progress is being made. Frankly, Puntland is a rather more difficult region than Somaliland, which is very co-operative. In Somalia itself the transitional regional Government are working to build prisons and improve facilities. There is, of course, the wider problem in Kenya with which the noble Lord will be familiar. Some progress is being made, but it is not very easy.

[Lord Chidgey]

Is my noble friend aware that since January the Indian navy operating some 600 miles or more off its western shore has sunk three pirate mother ships and captured over 100 pirates, who are now being interviewed about their connections with terrorism in Mumbai? The Indian Government are also bringing forward tough legal measures to help them tackle offshore piracy. What is our Government’s assessment of the proactive operational policies of India compared with the effectiveness of the EU operation, Atalanta, in both its maritime and its legal capacity?

[Lord Howell of Guildford]

Our assessment is positive, both of the Indian naval operations and the naval operations of other countries, including China. This is a co-ordinated effort, and maybe the co-ordination can grow tighter still. We think this should all carry forward in a closely integrated way. As to the legal aspects of the situation, there are the rules of engagement and the operational duties under which a sort of constabulary context is conducted towards pirates. This might need to become more robust in our different countries, but we have to stick by the law of the sea and we have to proceed carefully for fear of involving ourselves in far more complexities in this area, rather than reducing it and maybe being more effective against the pirates.

[Lord Davies of Stamford]

My Lords, I congratulate the noble Lord, Lord Naseby, on drawing the House’s attention to a very pressing problem that, in my view, has not had enough attention up until now. Is it not absurd that we in this country should be supporting no fewer than three task forces, potentially leaving our sailors and marines at risk of their lives there, and doing nothing at all to interrupt the constant flow of money into the hands of pirates? We have in this country an elaborate structure of criminal assets legislation and anti-money laundering legislation. Will the Minister have a word with his colleagues in the Department of Justice and the Home Office to see whether we cannot use these existing mechanisms to interrupt the flow of money that is making piracy a growing and increasingly profitable industry?

[Lord Howell of Guildford]

I do not quite accept the noble Lord’s point that we are doing nothing at all. He is quite right that this is a growing concern. We had an excellent debate on it just before Christmas and he is right to raise it again now. These are all areas where progress can be made. There is a contact group and a highly effective operation throughout Whitehall involving all departments in tightening the situation. We have to tackle all these matters and are doing so in many areas very vigorously. To say we are doing nothing at all is going too far, but if the noble Lord feels we should go further, clearly we should because the piracy issue is getting worse and not better.

[Lord West of Spithead]

My Lords, I, too, congratulate the noble Lord, Lord Naseby, on raising this issue. Does not the Minister think that now is the time to reinvigorate action in this whole area? It is becoming a really dangerous issue. I believe that something will happen in the near future that will make us all pay attention. For example, the loss of two LNG ships coming to the UK would affect energy supplies. There could be a huge catastrophe, and it really is time to reinvigorate our efforts. Should we not look at all the aspects of this problem that have been mentioned and push this very hard?

[Lord Howell of Guildford]

The noble Lord is right that the time has come, and Her Majesty's Government have recognised precisely the point that he makes. However, this has become a global issue; it could affect Chinese, Indian and Asian interests just as much as European and American interests. This task must be tackled on a global level with great vigour before it gets very much worse.

Libya: Bribes

Lord Howell of Guildford Excerpts

Thursday 10th March 2011 Lords Chamber

[Lord Davies of Stamford]

To ask Her Majesty’s Government whether any payments which could constitute bribes within the meaning of the Bribery Act 2010 have been paid from public funds to Libyan employees or officials in recent weeks.

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

My Lords, Her Majesty’s Government do not pay bribes. In relation to fees incurred for charter flights, the payment of handling fees at airports, including for the landing and departure of planes, is an established practice. Like all countries and carriers, HMG had to pay them. These charges increased at Tripoli airport as the situation in Libya deteriorated. Paying these fees was essential to be able to evacuate British and other nationals by plane.

[Lord Davies of Stamford]

My Lords, the whole House will be grateful for the assurance in the first sentence of the Minister’s response. However, the rest of it reads rather strangely in the light of what the Prime Minister said in another place last week:

“The point I would make is that in getting people out of Libya, we did have to pay some facilitation payments for the services in the airport”.—[Official Report, Commons, 2/3/11; col. 298.]

“Facilitation payments” is a bizarre way of describing regular airport handling fees. Can I therefore press the Minister and ask him to be absolutely clear about this? Were any payments made which were in any way irregular? Were payments made to individuals, or were payments simply made to the appropriate authority in a routine fashion for the flights that took place?

[Lord Howell of Guildford]

The latter is the answer. The noble Lord mentions regular situations, but the situation was far from regular. The situation was one in which these fees were rocketing because there was a desperate queue of aeroplanes to get in and people to get out. There is absolutely no doubt that the fees went whizzing up as very brave pilots and crews managed to get their aeroplanes down, slotted and then off the ground again. I sometimes think that we do not appreciate fully the extraordinary bravery and courage of those getting these aircraft in and out in very dangerous situations. So I can tell the noble Lord that nothing irregular was done of any kind, but it was a far from regular situation in which brave and courageous people had to move very quickly.

[Lord Chidgey]

My Lords, on a slightly broader note regarding the Bribery Act, is my noble friend aware that delays in introducing that Act have left the Government open to charges of not being committed to fighting corruption? What is the Government’s response to warnings from the director of the Serious Fraud Office that the US justice department and the OECD are now suggesting that British companies should be placed on an export blacklist as a result?

[Lord Howell of Guildford]

As my noble friend will appreciate, that is a broader question than the one we are looking at now about Libyan employees and officials, so I do not have any additional comment to make, except that I am sure that the matter is carefully under review and in hand.

[Lord Hamilton of Epsom]

Does my noble friend accept that the noble Lord, Lord Davies of Stamford, would be the first to condemn the Government if we had failed to get our nationals out of Libya, even if we had to pay facilitation fees to do so?

[Lord Howell of Guildford]

My noble friend is absolutely right.

[Lord Pearson of Rannoch]

My Lords, would the Minister like to reconsider that answer? Perhaps the noble Lord, Lord Davies of Stamford, would prefer that situation—anything to get at what he calls bribery.

[Lord Howell of Guildford]

I do not think that that is worth a further comment. We all recognise the need, in a desperate situation, for large payments to be made. I think that the noble Lord and everyone else appreciates that that was the need; that was the requirement; we had to get people out.

[Lord Harris of Haringey]

Who authorised the payments made in this case?

[Lord Howell of Guildford]

Authority was given by the Foreign and Commonwealth Office and those in the team engineering—with great bravery and swiftness—the evacuation procedure. No doubt there were checks back to London on whether the larger sums should be paid, and I am sure that immediate authority was given.

[Lord Richard]

To whom were the payments made? Were they made to the regular Libyan authorities or to people outside the normal process?

[Lord Howell of Guildford]

As far as I know, they were made to—I use the word again—regular authorities. However, one must envisage, as I am sure that the noble Lord, with his enormous experience of international affairs, recognises, that this was a chaotic situation in which various authorities were controlling the movement of aircraft and the operations of the airport. The ones who asked for the fees were those who normally charged the fees. That appears to have been the pattern. However, it was a far from regular situation.

British Overseas Territories

Lord Howell of Guildford Excerpts

Thursday 10th March 2011 Lords Chamber

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

My Lords, as one would expect in this House, this has been a dazzling debate full of expertise. I congratulate my noble friend Lady Hooper on instigating a valuable debate on the overseas territories. A lot has happened since the previous one in 2008 and it is certainly right that we should mobilise some of our collective expertise. It is right as well for the Government to make their comments, which I shall seek to do in a moment, on the overseas territories as a whole. I was particularly delighted to listen to the maiden speech of my noble friend Lord Ribeiro, who brings to this House, with his enormously distinguished record, great expertise and clarity. I shall comment on some of the things that he said as I go along, but I think that we are all extremely pleased that he has joined us and hope often to hear from him in the future.

The only way of tackling this vast range of subjects, issues and territories is for me to go through those subjects, issues and territories in turn and then to relate to noble Lords who have spoken on them as I go along. I may not succeed in 20 minutes in referring to every noble Lord; I may not succeed even in covering every one of the issues, although I shall have a very good try. I shall therefore proceed on a themed basis.

To reassert a point made by noble Lords, the Government are responsible for ensuring the security and good governance of the overseas territories and promoting the well-being of their inhabitants—that is not in question. We are talking about almost a quarter of a million people, most of whom are British citizens, and some of the smallest and most remote communities in the world. We have a responsibility to provide effective stewardship, even for our uninhabited territories—they include some of the world’s most pristine and varied environmental assets, to which some of your Lordships have referred. We take these responsibilities extremely seriously and none of them should be underestimated. I do not deny that the territories create substantial challenges for the UK Government, but they also have the potential to offer common benefits for all. In our view, we need a vigilant and active approach to managing the risks and problems, especially at a time when a number of the territories have been extremely hard hit by the global recession and the shrinkage of trade, particularly tourism, in some areas. It is a broad and complex agenda that involves many government departments, but I shall endeavour to give the overall picture from the Foreign and Commonwealth Office’s point of view.

This Government have to some extent lived up to their responsibilities already—we have been office for some eight or nine months. In the strategic defence and security review, we identified defence as a core mission. We relaunched the air access project on St Helena and initiated the task of underpinning public finances in the Turks and Caicos Islands, to which I shall come in detail in a moment—a number of your Lordships rightly and unsurprisingly raised that issue. The Foreign Secretary commissioned a review of our policy towards the overseas territories, led by the Parliamentary Under-Secretary of State, Henry Bellingham, with a view to framing a new strategy to guide our relationship in the future and addressing some of the points that the noble Lord, Lord Anderson, rightly raised. Mr Bellingham has discussed aspects with ministerial colleagues and a range of interested organisations and individuals, including the leaders of the overseas territories. The Government intend to announce the conclusions of that review shortly. In the mean time, we have already announced, back in February, that the overseas territories programme fund will be raised by £7 million a year. By way of a further update, we have just announced additional funding to meet certain problems to which I shall again come in detail as I go along.

We continue to stand up for the Falkland Islands, to which the noble Lord, Lord Anderson, has just referred. We have no doubt about their sovereignty. The principle of self-determination enshrined in the UN charter underlies our position. There can be no negotiation on sovereignty unless and until the Falkland islanders so wish. Members of the Government, including the Prime Minister, have consistently made this clear. We are also wholeheartedly committed to the Falkland islanders’ right to develop their economy, including a hydrocarbons industry within their waters. We are fully aware that Argentina’s neighbours support its call for negotiation over the Falklands’ sovereignty. That is nothing new; it just maintains endless persistence. We are in close touch with partners in the region. We are enhancing our relationship with Latin America through forthcoming high-level visits and engagement. The noble Baroness, Lady Hooper, has been a tower of strength in developing those relationships. We will continue to defend robustly the Falkland islanders’ right to self-determination and to develop their economy both in private, with partners, and publicly. I do not have anything to add at the moment on the detailed point about fees raised by the noble Lord, Lord Anderson, but I shall look into it. If I obtain more detailed and useful information, I shall write to him.

I turn to the British Antarctic Territories—the order in which I address each territory is not a reflection of its importance; it is merely the order in which it was referred to in the debate—on which the noble Viscount, Lord Montgomery, the noble Lord, Lord Selborne, and others spoke with great expertise. We have a long-term, strategic, scientific, environmental and sustainable management interest in the Antarctic, South Georgia and the South Sandwich Islands. These interests are linked to but in many cases distinct from the Falklands issue that I have just discussed. We will continue to protect our interests and sovereignty by taking a leading role in the Antarctic Treaty system and through a policy of presence, governance and commitment to deliver our international obligations. As to the draft Antarctic Bill, we remain committed to meeting our treaty commitments and will introduce legislation as soon as parliamentary time allows. The Government are considering all options for an expeditious introduction of that Bill, a matter on which there has been a certain amount of comment.

Perhaps I should say a little about our investment in Antarctic science. The particular issue is a matter for the Secretary of State for Business, Innovation and Skills, but I believe that detailed announcements will be made in due course. In general, the UK directly invests some £50 million a year. It is difficult to quantify the total investment, as there are many cross-cutting programmes and in practice a range of research council activities contribute directly to polar science. For example, the UK’s European Space Agency subscription is about £48 million per annum and includes earth observation work. The main funding in the Antarctic is provided by the Natural Environment Research Council primarily for the British Antarctic Survey. Similarly, many UK universities are involved in Antarctic research. There are too many of them to mention individually. However, I should highlight Cambridge University’s involvement, not least via its support for the Scott Polar Research Institute.

On Gibraltar, the noble Lord, Lord Luce, of course, was a distinguished governor and knows probably more than many people about the situation there. Again, the position is quite clear: the UK will never enter into arrangements under which the people of Gibraltar would pass under the sovereignty of another state against their wishes. Furthermore, the UK will not enter into a process of sovereignty negotiations with which Gibraltar is not content. We will continue to stand up for Gibraltar’s rights and interests, including in the European Union. We are fully committed to the trilateral process of dialogue, which has been working rather well between the UK, Spain and Gibraltar, and Spain and Gibraltar share our commitment. We hope that the trilateral forum will continue to make progress on enhancing co-operation for the benefit of all the people of Gibraltar and the surrounding area.

The Turks and Caicos Islands were mentioned by my noble friends Lord Jones, Lord Ribeiro, in his remarkable maiden speech, and Lord Selborne, and by the noble Lord, Lord Anderson. I shall spend several minutes on this matter because it is very important and I know that it concerns your Lordships considerably. We are determined to sort out the problems in the Turks and Caicos Islands and to put the islands back on the path to a sustainable future under a democratically elected Government. There are three main strands to what we are trying to do: rebuilding public finances; implementing systemic reforms, including a modified constitution; and ensuring that the special investigation and prosecution team can pursue its work.

The Minister of State at DfID announced in a Written Statement at the end of February that DfID has now finalised a loan guarantee to provide the Turks and Caicos Islands Government with access to a maximum capital amount of $260 million over the next five years. The intention is that that guarantee should cost the taxpayer nothing but will enable a return to fiscal surplus. We are pursuing reforms in nearly every aspect of the territory’s administration. Following extensive consultation, the Government have now published a draft constitution that makes proposals for the months ahead. This is an important opportunity for the political parties in the territory to engage in detail. We must ensure that reforms are well advanced and embedded before we can safely return the territory to elected government.

I say to my noble friends that we do not want to postpone elections any longer than necessary, but they cannot be held this year. A joint FCO/DfID Written Ministerial Statement last September set out the milestones—I think that there has been reference to those because I have commented on this since—an assessment of which would need to be met before elections could take place. These milestones do not include everything that will have to be done before elections take place, but they are, in the Government’s view, at this stage, minimum preconditions before the Turks and Caicos Islands can return to elected government. It is hoped that the milestones will be met in time for elections in 2012.

It is true that very recently there have been demonstrations in the Turks and Caicos Islands calling for a date to be set for the elections. One fully understands the pressure and concern and no one questions the right of everyone in the TCI to have the freedom to express their views, but I cannot condone the use of lawbreaking in support of freedom of expression. Such actions could easily deter future tourists and investors from visiting the islands and could have a disastrous effect on the islands’ already fragile economy. The governor remains open to dialogue with responsible community representatives to discuss their concerns and I hope that the demonstrators will use this avenue to convey their grievances.

In addition, my right honourable friend the Foreign Secretary has announced that he is approving a discretionary grant of £6.6 million to the Turks and Caicos Islands Government to reimburse the costs incurred in the past year pursuing corruption and violent crime. That is for the special investigation and prosecution team, for related civil recovery work and for the Royal Turks and Caicos Islands Police. Officials in the Foreign Office are co-ordinating this carefully with DfID’s work to underpin the territory’s finances. That is the scene on the Turks and Caicos Islands. If I had more time, I would go into more detail, but I have not.

I turn now to another issue that greatly concerns your Lordships, the British Indian Ocean Territory, to which the noble Lord, Lord Luce, my noble friend Lord Selborne and others have referred. Let me set out the position as we see it now. Successive Governments have expressed regret for the way in which the resettlement of the Chagossians was carried out in the late 1960s and 1970s. I repeat those regrets today and do not seek to justify many of the things that were done at the time. However, the UK courts have considered the issues very carefully. The Law Lords upheld the validity in law of the BIOT Orders in Council 2004, which mean that no person has the right of abode in BIOT or the right to enter the territory unless authorised. A High Court judgment given by Mr Justice Ouseley on 9 October 2003 and upheld by the Court of Appeal on 22 July 2004 went thoroughly into the circumstances in which the 1982 compensation settlement was reached and in which it was accepted that the compensation was in full and final settlement of all claims.

The Chagossians have taken their case for resettlement and further compensation to the European Court of Human Rights, as we all know. The Government will continue to contest the case, as we believe that the reasons for not allowing resettlement on the grounds of feasibility and defence security are clear and compelling; nor do we see the case for paying further compensation, as it has already been paid in full and final settlement of all claims. Obviously, I and my colleagues fully understand the disappointment felt by Chagossians on hearing that the Government have decided not to change the fundamental policy on resettlement, compensation and the marine protected area, but I stress strongly that we are most keen to continue engaging with the Chagossian communities. The Minister for the Overseas Territories, Mr Bellingham, has already met Mr Olivier Bancoult and Mrs Sabrina Jean of the Chagos Refugee Group and Hengride Permal of the Chagos Islands Community Association to hear their concerns. Our high commissions in Port Louis and Victoria continue to meet Chagossian communities in Mauritius and the Seychelles, while officials from the BIOT Administration keep in touch with Chagossian communities in the UK.

We are looking at ways of mitigating the impact of our policy on the Chagossians through continuing to enable them to visit the territory and engage in humanitarian, cultural and environmental activities. We are arranging a further visit by Chagossians to the territory later this month and Mr Bellingham is very keen that such visits should continue. We want to involve the Chagossian communities in implementation of the marine protected area—although there is a certain difficulty, obviously, as the Chagossians are seeking annulment of the area in the UK courts—and we are seeking practical ways in which we can continue to help the Chagossian communities in Mauritius, Seychelles and this country.

I say finally on the issue that, while we have no doubts about the UK’s sovereignty over the British Indian Ocean Territory, we value our bilateral relationship with Mauritius and would welcome a constructive dialogue with its Government on these issues. We will continue to look at this policy in detail and engage with all those with an interest.

I have a long list of many more other issues. The right reverend Prelate the Bishop of Ripon and Leeds raised the issue of tax havens and I have not commented on the Caribbean, which covers some of the same issues. We are working closely with these territories to stabilise public finances and to strengthen regulatory regimes, to help them to meet international tax transparency standards, which is very important, and to support them in longer-term economic planning.

I should like to spend more time on the Commonwealth but time does not allow. The case for full participation in all Commonwealth meetings is based on membership of the Commonwealth. Of course, the OTs are not strictly individual members of the Commonwealth, but they are associated. We are looking at ways to strengthen the links between the OTs and the Commonwealth.

On advanced passenger duty, the Government are exploring changes to the aviation tax system. Any major changes will be subject to consultation. On St Helena, the Secretary of State stated last July that we have made progress on a wide range of aspects. The invitation to tender has gone to bidders. Air Safety Support International has approved the use of engineered material arresting systems for the St Helena airport and the Secretary of State for International Development will consider issuing a further Statement when he is in a position to report on all the conditions that he set out in the July Statement. On Anguilla, we have accepted the package of measures and actioned the recommendations by the UK-funded experts to deliver the Chief Minister’s commitment to balance Anguilla’s overall budget by the beginning of 2013. I do not have time to cover offshore financial centres, but I have mentioned them in referring to the Caribbean.

In the last minute, let me reassure noble Lords who raised matters about defence that part of the strategy for the protection of the overseas territories is the maintenance of a minimum credible deterrence and reassurance posture on the islands. There are many more details that I could give about defence, but time does not allow me to cover them. Therefore, I must simply end this debate by saying that we are determined to see a policy of strategic engagement with the overseas territories. We share the view expressed by the noble Lord, Lord Anderson, that new and positive thinking is needed and we believe that we can carry forward the proposals that we have in mind with some of the suggestions of your Lordships. This is a complex and wide-ranging portfolio. There are many other points that I would dearly have liked to cover with your Lordships, but under the rules of this engagement in your Lordships’ House I must here call an end to this debate.

Zimbabwe

Lord Howell of Guildford Excerpts

Thursday 10th March 2011 Lords Chamber

[Lord Howell of Guildford]

My Lords, we all owe a debt of thanks to my noble friend Lord Avebury for returning to this issue, which the House has debated many times in great depth and with great concern. He is right to bring our thoughts back to it when so many other turbulent events are occurring round the world. I also congratulate the noble Lord, Lord Dannatt, on his excellent maiden speech. He brought his immense military experience to bear and applied it both to this issue and to the many issues round the world that we have to face. We all listened with the greatest interest to what he said and look forward to hearing much more of his vast supply—his hinterland—of expertise applied to the many issues of international affairs which we have to deal with in the House.

I am also grateful to the noble Baroness, Lady Kinnock, for a number of things that she said. I shall come back to some of them in a moment. She hit the nail very much on the head in pointing out that the sanctions measures that the EU are taking do not affect humanitarian aid. All the propaganda that has been put to the contrary is of course propaganda and no more than that. That cannot be said too strongly, and I will come back to that point a little more in a moment.

This debate has brought out one matter that gives the Government growing concern: the marked recent increase in politically motivated intimidation and violence after a period of relative stability. This point was made by my noble friend Lord Avebury, the noble Baroness, Lady Boothroyd, and the noble Lord, Lord Griffiths, and was amplified when the noble Baroness, Lady Bonham-Carter, focused on the media restrictions that are also closing down parts of Zimbabwean life instead of opening it up. There is no doubt that the whole pattern is one of ratcheting up the pressures on the reformers and generally closing down Zimbabwe’s society.

The particular issue to which the noble Baroness, Lady Boothroyd, drew attention is a very telling indicator of particular issues. First, there was the arrest of Minister Mangoma, to which my noble friend Lord Avebury also drew our attention. Then there was the declaration that the election of Lovemore Moyo as Speaker is to be declared null and void. These are both highly sinister developments, marking a significant increase in pressures. The Government are urgently seeking further clarification, and we will have no hesitation at all in voicing our concerns with the appropriate interlocutors, and in every way we can. These are clear evidence of a development that we do not like, which might herald the start of pre-election intimidation campaigns, although there is no certainty yet about the date of elections. Obviously, a longer timeframe would permit more of the building blocks for free and fair elections to be put in place, instead of all these counterpressures. If the elections take place later this year, which is one suggestion, those attempts to build conditions for free and fair elections will be curtailed. So our aim is to do whatever we can to help prevent a repeat of the violence that marred the elections back in 2008. That must be the right way forward.

We continue to work closely with our international partners in support of the work being undertaken by SADC and the South Africans on developing a road map towards credible and properly monitored elections. The role of SADC as guarantors of the global political agreement will be key to the future of Zimbabwe—a point that my noble friends Lord Sheikh and Lord Chidgey made graphically. It is in SADC’s interests to have a neighbour that is politically stable and economically thriving, and it has a regional mandate to take concrete action when the UK or EU does not. We are encouraged by the recent increased diplomatic activity in working to create an environment conducive to holding free and fair elections, and fully support it in its continuing efforts.

In our view, an election is the only route by which Zimbabwe will be able to move forward sustainably. The key determinants for a credible election are political will in Zimbabwe and the SADC region, but development assistance can provide much needed technical expertise and funding for checks and balances to help level the playing field. We will assess carefully any requests made by the inclusive Government for support to a credible election process, taking into account the changing political context and, particularly, the anticipated South African-sponsored road map to elections that we want to see.

Noble Lords will be aware that we have recently engaged in extensive discussion with our EU partners over the future of our restrictive and appropriate measures in Zimbabwe. The noble Baroness, Lady Kinnock, asked about this point. The outcome, as stated by my right honourable friend the Foreign Secretary in his Written Ministerial Statement of 16 February, a month ago, was the right one. We have acknowledged the continuing economic progress in Zimbabwe, but we have noted our strong concern at the lack of equivalent political and democratic progress by keeping the measures in place for a further 12 months. The noble Lord, Lord St John of Bletso, addressed that point. We have removed a modest number of individuals from the target list and have left the door open by announcing our willingness to revisit the measures in a year in response to concrete developments on the ground, in particular in relation to creating the right environment for free and fair elections. I hope that that meets the point that a number of your Lordships raised.

Perhaps I might come to some specific, additional points that were raised before I develop one or two broader themes. The important issue of diamonds was again raised by my noble friend Lord Avebury. We call on Zimbabwe to maintain a firm commitment to the Kimberley process and to continue to take action to bring all mining operations in the Marange diamond fields into compliance with the KP requirements. In that way, diamonds can contribute to Zimbabwe’s economic development instead of distorting it in the way that some of the proceeds appear to be doing now.

The UK remains fully committed to the Kimberley process, which is of course an EU matter. The EU is the body representing the UK in the process. We play an active role in and through the EU in pushing for Zimbabwean compliance with KP minimum standards. We have persistently called for a robust EU response to Zimbabwe's failure to comply with the aspects of the joint work plan agreed at the 2009 Kimberley process plenary. That plan clearly sets out the improvements that Zimbabwe needs to make to ensure compliance with the Kimberley process minimum standards, so that is the position and the stand we have taken. Exports of diamonds cannot take place from Marange until resolution of the KP negotiations with Zimbabwe and we will go on fighting for a robust solution on that matter.

I wanted a word on the interesting theme that my noble friend Lord Sheikh touched upon: the role of the Chinese. Their role throughout Africa, and indeed throughout the Indian Ocean area, is a matter of great interest. Some people have mixed feelings on the involvement of China—even in north Africa, as we have seen in recent days—but we think China has an important role to play in the growth and development of Africa. There has been progress where there has been infrastructure development as a result of China’s financing. That can only be for the good.

However, we think it vital that donors such as China are open about their investments and make it clear what they are spending and what the results will be. That empowers people to hold Governments to account and ensures that donors can co-ordinate their work effectively and avoid building up contingent liabilities, which may be difficult for future Governments to meet. We have no evidence that China is willing to commit, as one report suggested, $10 billion to development in Zimbabwe. That was a press report which we cannot confirm, but it could be that Chinese authorities will come to understand that a stance of saying, “We’re involved commercially but have no interest in political developments”, is not possible. They, as they have perhaps found out in Libya, find themselves drawn into the political process as well. That is an interesting and important theme to which this House will no doubt return its attention.

My noble friend Lord Sheikh also mentioned the Commonwealth. I am one of the strong believers—hopers is perhaps the word—that the Commonwealth can, in due course and at the right stage, play a valuable and leading part along with SADC in the recovery of that great country, Zimbabwe. I hope so. I do not think we are yet at that point but we want to get there and, when it comes, there can be a very constructive role for Commonwealth leaders. I hope that this will be discussed at the forthcoming Commonwealth Heads of Government Meeting in Perth, Australia, at the end of October.

The noble Lord, Lord Crisp, made an interesting contribution on health aspects. Our observation is that the whole health service structure in Zimbabwe is close to collapse. DfID has provided critical health sector support to tackle the staffing crisis, provide essential medicines and address HIV/AIDS. We will continue to support this in future with a particular focus on reducing maternal mortality rates, which I think the noble Lord specifically referred to.

I am advised that DfID has funding mechanisms to support civil society and diaspora groups in Africa, and I invite Zimbabwe Health Training Support to contact DfID to see whether it would be eligible to access these mechanisms.

I shall say a further word about the European Union, to which the noble Baroness, Lady Kinnock, made several references. I have already said that our rollover to the package of measures as a whole recognises the huge shortfalls in matching progress with political reform. There has been some progress, particularly on the economic side, but on the political side there is a long way to go. My right honourable friend the Foreign Secretary said in his Written Ministerial Statement the other day that we, along with the EU, have emphasised that we are willing to revisit the measures should there be concrete developments on the ground. I think that that covers a number of the specific questions. If I have not covered them all, I will write to noble Lords about them.

I shall summarise how we see the situation. This debate has been enormously valuable in reminding the wider world—I hope that it will get noticed outside—that human rights abuses, cruelties and brutalities continue. This is not a country that is quietly improving; a vicious regime is still at work and anti-freedom and anti-democracy measures are growing, as is personal brutality of the kind so vividly described by the right reverend Prelate the Bishop of Bath and Wells. That is an unpleasant and worrying atmosphere.

We note, as the noble Lord, Lord St John of Bletso, rightly noted, the remarkable economic progress since the formation of the inclusive Government, and we will continue to support those who are driving that reform. I repeat, however, that we share the strong concern at the lack of real inclusivity in that Government when we consider the lack of progress on the real sharing of power. There has been a bit of opening up regarding the written media, although I was struck by what the noble Baroness, Lady Bonham-Carter, had to say, and the constitutional review process has helped a little to open up the democratic space. However, that window, which we hoped would open wider, now appears to be closing in anticipation of the right of people to give their verdict on the Government’s progress.

Your Lordships have rightly focused in this debate on the need for the next elections in Zimbabwe to be freer and fairer than those of 2008, and have stressed the need for effective observation and monitoring, including by the UK, the EU and, as I have suggested, the Commonwealth. In fact, I think that the Commonwealth can play a significant part in that aspect too. That is what we want to see, but it is not within our gift. Observers have to be invited by the host Government, and it is not inconceivable that objections might be raised on the grounds of perceived political bias. That is why the role of SADC is key; it has the mandate for ensuring full implementation of the global political agreement, and we will continue to give it our full support as it works to create an environment conducive to credible elections.

This afternoon we have heard expressed, again and again, concern about human rights abuses. I have said that we share that fully, and we urge the Government and police in Zimbabwe to act impartially in punishing perpetrators. Whether our urgings are heard is in question, of course, given the pattern of events. We urge the Government and the authorities to respect the rule of law, whether it applies to the freedom to express political views or to freely enjoy property rights, whether to a farm or to a business. Respect for the rule of law will be the crucial condition if Zimbabwe hopes to attract concrete investment from many businesses now expressing an interest in the country. The potential is there, as the noble Lord, Lord St John, reminded us, and investment is ready to go into Africa. The recovery of Africa and its advance into the pattern of emerging powers and nations is one of the heartening trends of our time, but it does not apply in Zimbabwe yet.

In this context, Mugabe’s recent threats to nationalise British companies are utterly irresponsible and counterproductive. We are in contact with British companies, and have offered those who might be affected whatever support we can. In a similar vein, we also urge the Government of Zimbabwe to maintain a firm commitment to the Kimberley process, which I and my noble friend Lord Avebury mentioned, and to bring all mining operations in the Marange fields into compliance so that diamonds may benefit the people of Zimbabwe rather than just a small, corrupt clique.

In the mean time, we will continue our support to the ordinary people of Zimbabwe. As my right honourable friend the Secretary of State for International Development, Andrew Mitchell, recently announced in another place, we are prepared to increase our aid substantially over the next four years in response—and this is important; it is the condition—to credible elections and the creation of a reforming government in Zimbabwe.

I am grateful to all those who have spoken for their lively and informed contributions to this debate. It is important that we have these debates, and I am particularly grateful to my noble friend Lord Avebury, as I said. The Government share the goal expressed by your Lordships of a better, more prosperous and democratic Zimbabwe. There is sadly a long way to go on the political side, but I believe—as we all do—that it is a brilliant country, a potentially prosperous and admirable country that could rise again from its dark period and escape the grip of a once trusted man who has sadly been transmogrified into a twisted tyrant. That day, for Zimbabwe, will come.

Israel and Palestine

Lord Howell of Guildford Excerpts

Thursday 3rd March 2011 Lords Chamber

[Lord Dykes]

To ask Her Majesty’s Government what assessment they and the Middle East Quartet have made of the effects of recent civil unrest in Arab countries on any resumption of Palestinian-Israeli negotiations.

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

My Lords, at a time of great regional uncertainty, the quick resumption of negotiations between Israelis and Palestinians is more vital, not less. We need to show that legitimate aspirations for statehood can be met through negotiations. The entire international community, led by the Middle East quartet, should now support the 1967 borders as the basis for resumed negotiations.  The result should be two states, with Jerusalem as the future capital of both, and a fair settlement for refugees.

[Lord Dykes]

My Lords, I thank the Minister for that Answer, but is this not exactly the right time when the Netanyahu Government could now display some wisdom by responding to the EU part of the quartet’s suggestions for a freeze on settlements and the immediate resumption of talks with the Palestinian Authority, to lead to a solution equitable to both new states?

[Lord Howell of Guildford]

My noble friend is quite right that now ought to be exactly the right time. It ought to be very much more the time than was the case even a few weeks ago. However, we have to face the reality that obviously the Israeli Government feel extremely nervous and uncertain about what is to happen in Egypt, while we are urging more decisive action and firm decisions. Still, that does not deter us at all from pushing very hard on this central issue.

[Lord Wright of Richmond]

One month ago, today on 3 February and later on 11 February, I asked in this House whether the Government would upgrade the status of the Palestinian general delegation in London. Does the Minister agree, when I ask that question again, that it would in fact be a small but important signal of the Government’s support for a Palestinian state as the result of a two-state solution?

[Lord Howell of Guildford]

I agree it is a very important matter, worth considering, but I am afraid my answer at the moment to the noble Lord is that we are still looking at it—in a positive light and in light of the need to upgrade the negotiations and get momentum behind them—but we have not reached a decision yet.

[Lord Anderson of Swansea]

Does the Minister agree that whatever the effect of the unrest, the fundamental fact remains that it is the United States that will have the key role, if it so chooses, in the peace process and, further, that our own potential role is hampered by the fact that many Israeli politicians and military people stand the danger of being arrested in this country if they were to come? What are the prospects for Clause 151 of the Police Reform and Social Responsibility Bill, which at least would allow the DPP to interpose his judgment, rather than that of a magistrate, before a private prosecution takes place?

[Lord Howell of Guildford]

As the noble Lord knows, the Government intend to amend the law so that a private individual cannot obtain an arrest warrant under universal jurisdiction without the consent of the Director of Public Prosecutions. We are quite pleased with progress—the legislation passed through Second Reading in early December and we expect the Bill to have Royal Assent before July. The problem has been recognised and action is being taken.

[Lord Janner of Braunstone]

Does the noble Lord agree that the recent civil unrest and changes in the region provide a unique opportunity for both Israel and the Palestinians? Does he agree that, if they are finally joined by other democratic nations in a fully negotiated settlement, that would be best for all the people in the region?

--- Later in debate ---

[Lord Howell of Guildford]

I strongly agree and I am very pleased to hear the noble Lord, whose views I greatly respect and who has stood up often as a somewhat lone voice in public affairs in these matters, say what he has just said. It is an extremely valuable contribution.

[Lord Palmer of Childs Hill]

Does the Minister agree that the civil unrest referred to in the Question was started in Tunisia by an unemployed guy being refused a licence to sell vegetables and that the people in countries with unrest at the moment are more concerned with their civil and economic rights than with the Israel-Palestine issue?

[Lord Howell of Guildford]

The noble Lord is right to say that the effects of civil unrest are rippling through the entire region, both north Africa and the Levant, and even touching the Gulf states. These are very important matters, but I do not think that he would disagree that one problem is the continuous poison, as it were, of the Israeli-Palestine dispute and that, if that could be settled, we would at least be on the way forward.

[Lord Hannay of Chiswick]

Does the Minister agree that the greatest risk to the Government of Israel would be a vacuum in the peace process at a time of great ferment in its Arab neighbours, who may be pushed by such a vacuum in a more radical direction, which would make the search for peace more difficult? Does he not feel that the best contribution that could be made in the near future is for either the quartet or the United States to put some ideas on the table and seek to engage both parties in a discussion of those ideas?

[Lord Howell of Guildford]

That is exactly what we would like to do and are seeking to do. The noble Lord, with his experience, has just reaffirmed my earlier point that, although this is what we must now do, the pressures are pressing the opposite way inside Israel, where there is increasing nervousness at the uncertainty and the difficulties afflicting their neighbours. We are dealing with a tricky situation, in which the persuasion we need to get Israel and Palestine negotiating on a new and sensible basis is working one way—and we are pushing—but Israeli fears are working the other way.

[Lord Clinton-Davis]

Will the noble Lord accept from me that his reply to the Question is 100 per cent right, and I support it? What is rather more strange is that I support the noble Lord, Lord Wright. Is it not imperative that the Government should come to a conclusion about the issue he raised forthwith? We should not simply accept that the situation should go on indefinitely.

[Lord Howell of Guildford]

The noble Lord is clearly in a supportive mood this morning and I am grateful to him for that. He is right to say that recognition of the Palestinian representation here is an important issue. We will seek to come to an early conclusion and I take note of his concern that we should do so.

[Baroness Tonge]

Does the Minister agree that this would be a good time to agree with the signatories of the letter in the Guardian this morning that all arms sales from this country to Middle Eastern states, including Israel, should be suspended?

[Lord Howell of Guildford]

Not necessarily. The reality we all have to face is that there are plenty of arms in the world and these arms can be obtained from anywhere, in various forms. We control very carefully our exports of arms, in a very tightly regulated way, and we do not believe that merely creating substantial unemployment here and damaging our well regulated industry, paving the way for less regulation and possibly worse and more dangerous arms in many countries in the Middle East, would help one iota towards peace and stability in the area.

[Baroness Symons of Vernham Dean]

Does the Minister agree that in fact we have two sets of circumstances here? On the one hand, there is the sustained and absolute refusal of Israel to stop building settlements in the Occupied Territories—no matter who asks, including the United States—and that makes the possibility of a viable and contiguous Palestinian state less likely. Combined with that, as a result of the unrest we have the possibility, no matter what the root causes are, of elections that may well lead to the establishment of Governments in the Arab countries with a mandate against the Middle East peace process based on a two-state solution. That toxic combination makes the issue very urgent now. Does the Minister believe that there is a very short window of opportunity for the resumption of these negotiations?

[Lord Howell of Guildford]

I agree strongly with the noble Baroness’s analysis. The dangers are very great from all these developments. We have said several times in these exchanges that it does not take a genius to see that the Israeli Government are much more worried by the uncertainty, and therefore pushing them toward negotiation is going to be tougher still. However, there is a little window for us to push to try to achieve something, and we are going to do so very hard indeed.

Israel

Lord Howell of Guildford Excerpts

Monday 28th February 2011 Lords Chamber

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

My Lords, I give warm thanks to the noble Lord, Lord Dykes, for opening this brief debate in such a robust fashion. I will come to some of his points in a moment. It has inevitably been a somewhat staccato debate, given the very short time in which noble Lords have been able to speak, but quite often in these very short debates we get the distillation of remarkable wisdom in very few words. Some very profound things have been said very clearly by a number of your Lordships who obviously have a huge hinterland of knowledge, but three minutes places a severe limit on what can be said. Whether in my few minutes I will be able to comment on every one of the contributions is in the hands of the gods. If I cannot do that, I apologise in advance, and will certainly discuss with or write to noble Lords who feel I have not addressed their points sufficiently.

Before I come to the detailed points in the debate, let me say that the United Kingdom Government are committed to upholding international law, as enshrined in the United Nations resolutions and the Geneva Conventions, and the Israel-Palestine conflict which we have been debating this evening is no exception. Our commitment was most recently demonstrated when, on Friday 18 February at the UN Security Council, the United Kingdom and others, including France and Germany, voted to reinforce our long-standing view that the Israeli settlements, including those in East Jerusalem, are illegal under international law, are an obstacle to peace, and constitute a threat to the two-state solution. It was a matter of regret that it remained a draft resolution, and that the UN Security Council could not speak with one voice on this issue. A number of your Lordships have concentrated on that very point.

The reasons for the US veto were given at some length by the spokesperson. They are, in a sense, the US’s own reasons. They argue, as the noble Lord, Lord Bew, reminded us, that the UN Security Council was the wrong place, and that pursuing the issue there might make negotiations harder. The US delegate also reminded us that they rejected the legitimacy of settlement activity, which may be some sliver of comfort for those who have found this such a pity, but that they saw this as the wrong forum in which to push forward the proposals of the Palestinians and the Palestinian-initiated draft, and therefore opposed it. We were in regular contact with the US on the run-up to the vote. I have been asked what contact there has been between the Foreign Secretary and Secretary of State Hillary Clinton. The answer is that there has been contact; there was in the run-up and there has been since on this matter. The Foreign Secretary made it clear that Israel’s obligations under international law are central to making progress toward a two-state solution. That remains our view.

I have heard some argue that current events in the region mean that this whole matter may be pushed aside by the turmoil that we have seen in north Africa and elsewhere. I think that that is completely wrong. Indeed, my right honourable friend the Prime Minister said as much this afternoon in his Statement in another place. We believe that Israel’s security and the realisation of the Palestinians’ right to statehood are not opposing goals at all. On the contrary, they are intimately intertwined objectives, and we should push ahead and make them with the MEPP, which becomes even more vital in the present circumstances.

Our main goal is to work with the United States and other international partners to return the parties as soon as possible to direct negotiations towards a two-state solution, on the basis of clear parameters. I know that the noble Lord, Lord Alderdice, with his great experience cast doubt on whether the two-state solution is still possible. We believe that it is, and that it remains a goal, and that we should go for an agreement on the borders of the two states, based on 4 June 1967 lines with equivalent land swaps, as may be agreed between the parties. That is the first basis of our approach. The second is to have security arrangements which, for Palestinians, respect their sovereignty and show that the occupation is over and, for Israelis, protect their security, prevent the resurgence of terrorism and deal effectively with new and emerging threats. That was a point of view that the noble Lord, Lord Janner, and others put in this debate, where we have witnessed the same divisions of view as exist in the wider world about this whole difficult matter, even in our brief contributions.

Thirdly, we believe that a just, fair and agreed solution to the refugee question should be the basis of progress. Fourthly, we believe in the fulfilment of the aspirations of both parties for Jerusalem. A way must be found through negotiations to resolve the status of Jerusalem as the future capital of both states.

In a few more of these precious minutes, I turn to a number of specific points raised. The noble Lord, Lord Dykes, spoke out very forcefully of his regrets about the position of the USA. Without necessarily approving of it—on the contrary, we voted the other way—I have tried to describe the view that the United States took. He also urged, as have other of your Lordships, both in this debate and many others, that we should talk to Hamas. The United Kingdom’s view is that we should not talk to them until it renounces the ideology of violence, and that it should begin to emerge as part of the solution rather than part of the problem. That is the view of the Government at this time, although I know that some of your Lordships disagree with it.

My noble friend Lord Bates made an impassioned plea to comply with UN resolutions and reminded us of the vital point that the UN gave birth to Israel. Therefore, it is the duty of Israel to do all that it can to comply with UN resolutions. The noble Lord, Lord Janner, said that in many respects it has—but clearly in others it has not.

The noble Lord, Lord Judd, also said that negotiations ought to include Hamas, and made some sharp remarks on arms sales. He criticised my right honourable friend and his colleagues for travelling through the Middle East and arguing both that there should be more democracy and that there should be an arms trade. He has to face the fact, as my right honourable friend said, that democracies have to arm. The question is whether they should be armed by Chinese or Russian weapons, which are in ample supply—they can produce all kinds of unregulated, dangerous and lethal weapons—or whether the legitimate and properly controlled arms exports of this country should continue to play a part. That question has to be answered before one denounces completely the arms trade of this country.

My noble friend Lady Falkner spoke, as always, with great feeling. She asked whether we could normalise relations between the Arabs and Israel in the right context. I believe that we can. The noble Lord, Lord Bew, put the point of view of the United States quite fairly, as I, too, have done. We do not agree with it, but now at least we understand where they are coming from. My noble friend Lord Tugendhat gave an eloquent plea to listen to the moderate voices of Israel—those who really want to secure the longer range security of Israel, rather than some of the more extreme voices that many of us feel are anti-Israeli, though they come from Israeli personnel.

I have mentioned the noble Lord, Lord Janner, who believes that Hamas are terrorists. I have stated the UK Government’s view towards them. My noble friend Lady Tonge, who is immensely experienced in these issues and in the details, asked about Palestinian prisoners. We raise the issue continuously, particularly the very worrying concerns about underage and juvenile prisoners and how they are held. We raise them all the time with the Israelis and will continue to do so. The noble Baroness, Lady Deech, mentioned the virtue of the kind of approach outlined by the noble Lord, Lord Stern, the other day: to make enterprise and business the way we can see Arabs and Israelis sew themselves and work together again, rather than be in endless conflict. The noble Lord, Lord Palmer of Childs Hill, took the side of those who said, like the Americans, that the UN was not the best forum for the way forward.

I think I have covered everything, including the question from the noble Baroness, Lady Jones, about the Foreign Secretary speaking with the Americans. He does so all the time. I have now run out of further time, so will say only that we believe in a peaceful and safe future for Israel that is best secured through a peace with the Palestinians which can, in turn, lead to a peace with the entire region that will strengthen the stability of the region. That is our hope and intention; we have demonstrated it by our position in the recent vote, and we have demonstrated it by our continuous actions. We will continue to do so in order that we can move forward through the agonising difficulties and divisions which this great issue has produced again and again.

France: Bilateral Defence Co-operation

Lord Howell of Guildford Excerpts

Wednesday 16th February 2011 Lords Chamber

[Lord Anderson of Swansea]

To ask Her Majesty’s Government whether they have any proposals to build on the recent treaties with France on bilateral defence co-operation by exploring initiatives for diplomatic and foreign policy co-operation.

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

My Lords, our relationship with France, further strengthened by the November 2010 UK-France summit, is one of our most important bilateral relationships. Since President Sarkozy visited London for the UK-France summit, we have also welcomed the Prime Minister, the Foreign Minister and the Europe Minister. Bilaterally, we work on a range of foreign policy and European issues, as well as immigration, counterterrorism, climate change, employment and social affairs. France is also an important trade partner. It will host the next UK-France summit later this year.

[Lord Anderson of Swansea]

My Lords, surely the logic of sharing defence assets is that we need a foreign policy agreement on where to deploy those assets. Now, when both countries are experiencing similar financial stresses, should we not look at the collocation of embassies, sharing diplomats and co-ordinating policies in areas such as West Africa? Will the Minister also consider the possibility of encouraging our Commonwealth partners to look at a new dialogue with La Francophonie, which, again, would be in our mutual interest? Where are the new proposals in preparation for the summit to be held later this year?

--- Later in debate ---

[Lord Howell of Guildford]

My Lords, the noble Lord’s line of thinking is extremely positive and constructive. Although the francophonie and France’s interest in its former colonies in Africa are rather different in character from those of the Commonwealth —its origins are quite different—there are clearly some areas of common interest. In fact, I am told that the two secretary-generals of the organisations meet quite regularly and the noble Lord will remember that President Sarkozy addressed the previous Commonwealth Heads of Government Meeting in Trinidad and Tobago last year. I hope that that kind of liaison will develop. It will indeed be on agendas for the next UK-France summit. The sharing of embassies in some convenient areas comes up from time to time, both in an EU and a national context, as does sharing embassies with other Commonwealth countries. As was mentioned, Australia wishes to share some embassies with the UK. Common sense and common organisation, particularly in more remote and difficult posts, point to some sharing of facilities and that makes perfectly good common sense.

[Lord Lee of Trafford]

What mechanisms would be used to monitor the progress of the constituent parts of the recent defence treaties? Will there be an annual report to Parliament on this area?

[Lord Howell of Guildford]

I would have to check with my noble friend on the precise nature of the monitoring but this is a very elaborate set of two defence and security treaties which carry affairs a long way forward in a number of areas, not just defence but also in civil nuclear development and in other crucial security areas. I shall check precisely the arrangements and come back to my noble friend.

[Lord Morgan]

Although my noble friend makes an excellent point, as of course does the Minister, on defence matters, and although I yield to none in this House in my francophilia, not least because my wife is French, I hope that we shall be very selective in our international collaboration with the Sarkozy Government. A catastrophic record in Maghreb was associated with the discredited departed regimes in Tunisia and Egypt and it would be very damaging to be linked with that.

[Lord Howell of Guildford]

I am sorry to hear the noble Lord’s comments on the French policy on record at the time. It is not for me to defend or to elaborate on France’s policy. All I can say in the present situation is that we are working in very close co-operation with our French friends. We regard them as close friends, and certainly in relation to Tunis and the other problems in north Africa, we are finding excellent co-operation.

[Baroness Gardner of Parkes]

Does the Minister know that today the French ambassador in London is saying farewell after a very successful term of office here? Does he think that that was an important example of diplomatic relations, which we hope will continue?

[Lord Howell of Guildford]

Most certainly I do. He has been an excellent ambassador for his country.

[Baroness Symons of Vernham Dean]

The Minister is quite right to describe these as elaborate treaties. Perhaps I can press him a little further on the defence treaty, which talks about extending bilateral co-operation on the acquisition of equipment and technology, such as complex weapons systems, submarine technology and satellite communications, and developing stronger defence industrial and technology bases. I applaud all that in theory. Does that mean the end of competition between our respective companies which deal in defence equipment? My experience has been that competition was always very fierce indeed and, if there is this degree of co-operation, it will be interesting to know how that is to be resolved.

[Lord Howell of Guildford]

As I suspect the noble Baroness fully realises, the answer falls in two parts. In some areas, competition will and must continue in the interests of the Government getting a good deal and not becoming vulnerable to having one supplier and therefore confronted with one price and one deal; but in other areas, which were specified in the two treaties—including developing capabilities and equipment, common support for the A400M and a joint user group to develop the A400M training systems, construction of nuclear hydrodynamics facilities at Valduc and a whole range of detailed technical operations—there is bound to be co-operation. I applaud the noble Baroness’s concern to keep up competition; that is right, but in some areas co-operation will secure major economies and efficiencies, which we should support.

[Baroness Falkner of Margravine]

My Lords, given that France is hosting the G20 summit, and given that by the end of this year 1 billion people will be chronically undernourished, are the Government discussing the French proposals to stabilise world commodity prices through an international mechanism?

[Lord Howell of Guildford]

Yes, we have discussed with a number of our close allies the problem of food and commodity prices now. We must face the fact that this is a global issue and that markets are very powerful agencies which somehow produce their own solutions despite what Governments attempt to do. However, these are matters of great concern to us and, as my noble friend rightly says, of very great concern to millions, if not hundreds of millions, of people who face severe jumps in commodity prices, food prices, energy prices and other prices—all with major political implications for the future.