British Council

Lord Swire Excerpts

Tuesday 10th November 2015 Westminster Hall

[Tristram Hunt (Stoke-on-Trent Central) (Lab)]

It is a pleasure to serve under your chairmanship, Ms Vaz. It is also a great pleasure to follow my hon. Friend the Member for Aberavon (Stephen Kinnock). At a time when we are seeing an awful lot of hard power on display in the middle east, it is excellent that we are having this debate about the role and virtue of soft power. As he said, soft power often lasts longer.

I pay tribute to the staff of the British Council. Before I entered this place, I was a practising historian, and I would sell my wares around the world. When I met British Council staff, whether in Dubai, Macedonia or Singapore, they were, to a man and a woman, incredibly professional and committed. They were great public servants, and they presented the best of British, often in quite constrained circumstances.

Those people did not necessarily have easy relationships with our embassies. There were sometimes tensions between the inevitable creativity and dissent that the British Council rightly sought to generate—in a helpful manner—and the sometimes narrow policy constraints of Her Majesty’s Government. Where embassies and the British Council had good working relationships, they could achieve a great deal, but where the embassy—not in a controlling manner—did not regard the British Council as part of a partnership for Britain, not nearly as much was achieved as we might have hoped.

In the past 10 to 15 years, the British Council has been a really successful part of a post-imperial, post-colonial reimagining of the meaning of Great Britain. It is hard to overplay that work, particularly in parts of the world where we have a colonial past. The British Council’s work in shaping the reputation, image and meaning of modern Britain for new audiences has been quite profound. Nowhere is that truer than in our relationships with India, as we will see next week when we welcome India’s Prime Minister to the UK.

[The Minister of State, Foreign and Commonwealth Office (Mr Hugo Swire)]

This week.

[Tristram Hunt]

Things happen so fast these days. We are all looking forward to the remarkable events that will take place in Wembley, and I hope the Minister will be assisting with them. We have a very complicated and long relationship with India, and although many young Indians have a relative lack of interest in the colonial past, they have a great interest in, and passion for, Britain and the meaning of Britain. The British Council has helped to shape some of the debate on that.

Colleagues have rightly made the case for funding and support for the British Council. Its work is profound and important. When I visited its offices, however, I got a sense that the demands of English language teaching and the business model that that involves sometimes overwhelmed the broader functions of those offices. Clearly, we need those offices to be income generators, but we should not lose sight of the British Council’s broader functions and purpose.

I would be delighted to see more money going to the British Council and a return to its previous funding. I have no problem with more of those resources coming from the Department for International Development. It is no secret in Whitehall that DFID cannot get the stuff out of the door quick enough, although it does not always go in the most effective directions. The British Council, however, is incredibly effective.

--- Later in debate ---

[The Minister of State, Foreign and Commonwealth Office (Mr Hugo Swire)]

I congratulate my hon. Friend the Member for Somerton and Frome (David Warburton) on securing this debate, and I am grateful for the contributions of all those present. The quality of debate today has been considerably higher than it sometimes is in this Chamber. That reflects the fact that people have come to this debate with knowledge and a genuine interest in the subject—we cannot say that about all debates—but there is an inherent danger in debates when there is virtual consensus on both sides of the House.

This debate underlines the fact that the British Council and its value remains as true today as it was in 1940-41, the year it received its royal charter and when its annual report stated that the council’s aim was

“to create overseas a basis of friendly knowledge and understanding of the people of this country”

and our foreign policy, something that is as valuable in times of peace as in times of war. When that was written, the battle of Britain was raging over our skies and the blitz of our nation’s cities was beginning. Even at that most critical moment, we knew the value of cultural relations and the role the British Council could play in our long-term security and prosperity.

Today, as ISIL’s destructive and intolerant influence spreads across Syria and as Russia continues to undermine the principles of international law and the sovereignty of its neighbours, the British Council, its values and the values it exports are needed perhaps more than ever. I would like to take this opportunity to thank Sir Vernon Ellis, who steps down as chairman next year, for his valuable work. I welcome the efforts of Sir Ciarán Devane, the new chief executive, whom I have met on a number of occasions, and his desire to align more closely the council’s purpose with our objectives: to make Britain safer; to build prosperity; and to expand the UK’s influence overseas.

It is sometimes difficult to communicate the nature of the British Council’s work because its impact on foreign policy in fulfilling its purpose, sometimes goes unsung, so it is worth reminding the House of some of its key programmes. In promoting the English language internationally, the British Council administered 3 million English language exams in the academic year 2013-14. During the same period, it taught 388,000 people in nearly 50 countries and reached an additional 132 million viewers, listeners and readers through print and digital products. Why is that important? It is because the world has a huge appetite to learn English. Almost 1.75 billion people already speak some English, and the United Kingdom publishes more books per capita than any other country. It is arguably our greatest asset—soft power or otherwise.

The hon. Member for Aberavon (Stephen Kinnock) mentioned the number of people, including world leaders, who had studied in the United Kingdom. I am sure that if he had had time, he would also have mentioned the main Government scholarship programmes: the Marshall scholarship programme, one of the most prestigious programmes around, which currently has 31 scholars; the Commonwealth scholarship programme—two hon. Members who have spoken this morning have a strong Commonwealth heritage—which now has more than 900 students studying here in any one year; and the Foreign and Commonwealth Office’s flagship programme, the Chevening scholarship programme, which we have tripled to more than 1,800 students studying here this year.

All the work that I have described has a direct impact on some of our key foreign policy priorities. The British Council has maintained its public teaching operation in Kiev through the ongoing conflict in Ukraine. The council is now scaling up its work with an additional investment of more than £1 million in each of the next two financial years, which will deliver an English for universities programme, helping to transform the ability of 12 leading Ukrainian universities to teach in English and operate internationally. The council’s work is building important links with the people of Ukraine and mutual trust in a country at the very top of our agenda and at a time when they will value our support most.

My hon. Friend the Member for Somerton and Frome, whom I congratulate on being one of the architects of the debate, mentioned Young Arab Voices. That programme works, as he knows, in six countries in north Africa and the middle east—Morocco, Algeria, Tunisia, Libya, Egypt and Jordan—reaching more than 100,000 people in 2013 and a further 75 million through broadcast media such as BBC World Service Arabic. Through training and development of skills such as listening and debate, the programme helps young people to learn from others—to connect to their local communities through discussions on the issues that matter most to them, from unemployment and education to the media and women’s rights. I hope that hon. Members in this Chamber agree with me on the fundamental importance of building a stable future in north Africa and the middle east. By creating a space in which meaningful debate can take place without conflict, this work will, I hope, make a valuable contribution.

Looking ahead, next year, to the 400th anniversary of Shakespeare’s death, Shakespeare Lives—[Laughter]—will be a major programme of events and activities, aiming to reach more than half a billion people worldwide. The anniversary is arguably the most significant soft power opportunity for the UK in recent times. The hon. Member for Stoke-on-Trent Central (Tristram Hunt) guffawed when I said “Shakespeare Lives”. Perhaps he is one of those people who thinks either that Shakespeare never wrote anything or that Shakespeare never lived at all, but I hope that he will take part in the activities, which he is well qualified to do.

[Tristram Hunt]

My colleagues and I were just reflecting on having a celebration called “Shakespeare Lives” on the anniversary of Shakespeare’s death.

[Mr Swire]

Well, I had to check the title because at one point I thought it was “Shakespeare Lives”—life plural—which could have meant something completely different, but I have no doubt that we all look forward to that great celebration. It is arguably the most significant soft power opportunity for the UK since the Olympics. My hon. Friend the Member for Somerton and Frome and others talked about the British Council and cultural diplomacy. I will return to that in a minute. The British Council is working with the GREAT campaign, British theatres, museums, artists and many others to put on an unprecedented programme of global activity that will include brand-new productions of Shakespeare’s plays, film adaptations, art exhibitions, public readings and educational resources for schools and English language learners of all ages.

The British Council must undertake all this activity in a rapidly changing world. This Government are determined to play a leading role in global affairs and we will continue to influence the international agenda. Our status as an international leader in soft power—something close to my hon. Friend’s heart—is incredibly important. Therefore, the British Council will play a fundamental role in ensuring the UK’s place at the top table.

Incidentally, I think that it was my hon. Friend the Member for Basildon and Billericay (Mr Baron) who talked about the importance of science diplomacy.

[Mr Baron]

indicated dissent.

--- Later in debate ---

[Mr Swire]

If my hon. Friend did not, I apologise; I thought that he had mentioned science. I would just like to point to the work in the Foreign Office of Professor Robin Grimes and his team on scientific diplomacy. We have a new fund called the Newton fund, which is providing £75 million a year for five years; that is £375 million in total. We have 15 partner countries, including Brazil, China, India, Indonesia and South Africa, and so far £190 million of business wins and £250 million of leveraged funding have been delivered. Further work is being done to combat global issues such as dementia and antimicrobial resistance. Scientific diplomacy—forging links with others around the world—is another key part of soft power.

As hon. Members may know, the British Council went through a triennial review, published last year, which found the following:

“With its longstanding worldwide presence the British Council makes a significant contribution to the UK international profile…Its role is more relevant than ever: the potential return to the UK globally is enormous in terms of ‘soft power’, reputation and prosperity.”

The review also found that activity was not always well aligned with other bodies representing British interests overseas, and concluded that transparency, accountability and clarity of purpose should be improved.

I am pleased to say that the British Council has responded well to the review’s conclusions, taking action to ensure that those issues are addressed. The council is currently moving to a new operating model, so that its finances and commercial operations will be more transparent and accountable to the Government, Parliament and the British taxpayer. The Foreign and Commonwealth Office is already chairing a new committee that aligns the Government’s priorities with the British Council’s activities overseas and, as I mentioned, the British Council has rearticulated its purpose in a way that aligns itself more directly with our international objectives to make Britain safer, to build prosperity and to increase British influence overseas.

Later this month, the Government will publish the initial results of their spending review and strategic defence and security review, which to a large extent will determine how we will meet the challenges of the future and adapt to this changing world. The hon. Member for East Londonderry (Mr Campbell), who is now not in his place, and others commented on this. I confirm that we are working with the Treasury to help ensure that the Foreign and Commonwealth Office and the British Council continue to be funded in a manner that reflects our global ambition.

I will not be tempted to travel into the trap carefully laid by my hon. Friend the Member for Basildon and Billericay when he spoke so convincingly about the importance of having a Foreign and Commonwealth Office that punches above its weight. He will not hear me dissent from that as an aspiration, although I will not go into the funding implications of it. I will say that, during the past five to six years, within an extraordinarily tight spending envelope, the Foreign Office has been able to increase our international footprint around the world. I myself have opened up a number of new posts, not least an embassy in Asunción in Paraguay, an embassy in El Salvador, most recently a consulate in Belo Horizonte in Brazil, offices in China and so on. I think the Foreign Office is spread wide and punching well above its weight already, but he and others will look with close interest at our fate after the Chancellor’s autumn statement, and rightly so.

[Mr Baron]

I assure my right hon. Friend that no trap was intended, but I will leave him to muse on that. I suggest to him that footprint is one thing, but expertise and knowledge can be quite another. Where the FCO has been caught wanting—for example, during Russia’s annexation of Crimea it had no in-house expertise covering that area so it had to pull in other experts, and it had to pull in middle east experts during the Arab spring—it has been about expertise.

I want to bring my right hon. Friend back to the British Council. When it comes to funding, does he accept that many more cost savings could be made further down the line by avoiding conflict, by being better sighted and by influencing through soft power than will be achieved by the cuts that are being made to the budget? Does he agree, therefore, that we should adopt a much longer-term view of funding for our soft power capabilities, including the FCO and the British Council? Many would argue that the short-term savings are simply false economies, given the greater cost savings that could follow further down the line.

[Mr Swire]

I entirely concur with my hon. Friend’s views about the importance of soft power, or preventive power, and I argue that the United Kingdom is doing well in that respect. I do not share his nervousness about the increased commercial activities of the British Council. In fact, I would argue that the threat from the commercial activities of the British Council has been real. Our concern is that in some ways, particularly in the provision of English language teaching and exams, it can freeze out the private sector. That is why I am pleased that the British Council has introduced a new independent complaints process run by Verita, which will help it better to hear and understand stakeholder concerns, including the concerns of the English language teaching and education sector, and take steps to address them.

Furthering British interests overall, the British Council has agreed with UK Trade & Investment a new business opportunity development process to help British companies to enter difficult markets. I was particularly pleased to hear from my hon. Friend the Member for Newark (Robert Jenrick) about his experiences with Christie’s, for whom he worked previously, and the assistance provided by the British Council in Shanghai. That seems to me precisely the sort of work that the British Council should do.

I listened carefully to my hon. Friend’s comments about British cultural diplomacy. I had the honour of working alongside Neil MacGregor for many years in a previous incarnation, and I saw him again the other night at the “Days of the Dead” event at the British Museum. I am delighted that, when he stands down from his role at the British Museum, he will take up an advisory role in Berlin and in India. That is eminently sensible, because although he would hate to be called one of our great icons, he is in danger of becoming one of the most valuable of the British objects that influence the world. He would hate me to say that, so I hope that he does not read the debate.

I congratulate my hon. Friend on his work to promote the salvaging of overseas cultural centres and places. This is not new. I refer him to the 2005 Conservative cultural manifesto, of which I was the author, in which we planned to create a fund, if we won the election, to do exactly the sort of thing that he has been doing. When one looks around the world and sees what has being going on in places such as Palmyra, it is clear that the need for such work has never been greater. There is a greater role for British cultural diplomacy.

Britain remains a leader on the world stage, with the networks that are necessary to promote our interests—despite all the pressures on those networks—to protect our people and values, to tackle complex and ever-changing threats, and, to use the words of the British Council’s 1940 report, to maintain our ability to

“create overseas a basis of friendly knowledge and understanding of the people of this country”.

There can, surely, be no safer or more prosperous world for the British people than one that sees Britain as a friend and understands our values. On that subject, I listened carefully to the hon. Member for Stoke-on-Trent Central, who suggested that he would be taking part in the Wembley event for Prime Minister Modi, along with some 60,000 or 70,000 others—including, probably, the Under-Secretary of State for Justice, my hon. Friend the Member for North West Cambridgeshire (Mr Vara), who is the Minister for the next debate. We look forward to that visit.

It was interesting to hear what the hon. Member for Stoke-on-Trent Central said about a new generation of young Indians who come to the table without so much knowledge, or perhaps even baggage, about our colonial history, but who are interested in what modern Britain has to offer, our values and our culture—particularly our music, our fashion and our literature. That is hugely exciting, and it is why we have increased our diplomatic presence in India. The work of the British Council somewhere like that is a key priority, because I do not think we should just assume that a modern generation of Indians feels anything like the same link to this country as did their fathers and their grandfathers. It is abundantly clear that we have to work at it.

To conclude, I cannot put it better than the report of last year’s exacting triennial review process, which stated that the British Council was a

“valuable national asset and should be retained as the main official UK body for cultural diplomacy”.

The debate has benefited from the knowledge brought by the likes of the hon. Member for Aberavon, who worked for the British Council. It is something of a family business for him, and, as a Conservative, I am keen on family businesses. He may be as well, depending on which wing of the contemporary Labour party he sits. Other hon. Members who have touched on the work of the British Council see its long-term importance in the promotion of British soft power.

The Government are hugely proud of what the British Council does, and we want to continue to work with it under Sir Ciarán and whoever succeeds the chairman. I believe that Sir Ciarán is an ideal new chief executive to take the council forward. It is important to work with the council as it creates lasting friendships overseas and builds an appreciation of the United Kingdom—what it is, what it stands for and what it can offer—and as it helps to challenge some of the warped and hideous ideologies that are creeping up in this extraordinarily dangerous world. Ultimately, we must help the council to promote the values that we all hold dear.

China (Human Rights)

Lord Swire Excerpts

Thursday 22nd October 2015 Commons Chamber

[Fiona Bruce (Congleton) (Con)]

(Urgent Question): To ask the Secretary of State for Foreign and Commonwealth Affairs if he will make a statement on human rights in China, following reports that human rights lawyer, Zhang Kai, imminently faces a severe prison sentence or the death penalty for defending civil liberties.

[The Minister of State, Foreign and Commonwealth Office (Mr Hugo Swire)]

We are in the middle of a hugely positive state visit, which my right hon. Friend the Prime Minister has said will benefit not just our nations and our peoples, but the wider world. Yesterday, the Prime Minister and my right hon. Friend the Foreign Secretary had extensive discussions with President Xi Jinping and his delegation. These discussions continue today, including when the Prime Minister hosts President Xi at Chequers.

As we have made very clear, the strong relationship that we are building allows us to discuss all issues. No issue, including human rights, is off the table. The UK-China joint statement that we have agreed commits both sides to continuing our dialogue on human rights and the rule of law.

Turning to the case of Zhang Kai, we are aware that he has been accused of “endangering state security” and “assembling a crowd” to “disrupt social order”, apparently in relation to his work with Churches in Zhejiang province. We are concerned that his whereabouts are undisclosed, and that he has reportedly been denied access to legal representation.

At the UK-China human rights dialogue, which was held in Beijing in April this year, we raised issues relating to religious freedom in China, including the destruction of churches and religious symbols in Zhejiang province. We raised a number of related individual cases. A transparent legal system is a vital component of the rule of law, and we urge the Chinese authorities to ensure that proper judicial standards are upheld.

[Fiona Bruce]

I thank the Minister for his reply, and I thank you, Mr Speaker, for granting the urgent question.

This is, of course, an urgent matter because of the imminent risk that the lawyer Zhang Kai could be sentenced to as many as 15 years in prison—or even the death penalty, given that he faces grave charges including threatening national security—and the risk that there could be a closed trial. Zhang Kai’s family do not know of his situation, and his lawyer has tried several times to ascertain it. The matter is also urgent because of wider concern that China’s human rights position should be raised directly with President Xi Jinping during his state visit, which ends tomorrow.

Zhang Kai’s case is significant not only in itself, but because he is one of nearly 300 lawyers and human rights defenders who have been detained since July this year. At least 20 are still in custody or have disappeared, their whereabouts unknown. We know from the example of the case of Gao Zhisheng—another prominent human rights lawyer, who defended, among others, members of the Falun Gong movement and who was “disappeared” on several occasions and imprisoned in solitary confinement for three years, where he was severely tortured—that the consequences of secretive detention can be grave.

Lawyer Zhang Kai had been advising Churches in China’s Zhejiang province in connection with the demolition of churches and the forcible destruction of more than 1,500 crosses in Zhejiang over the past two years—a gross violation of freedom of religion or belief. The Churches affected include both unregistered and state-approved Catholic and Protestant Churches.

As we have heard, Zhang’s is not the only case. Nineteen-year-old student activist Joshua Wong faces court next week for inciting unlawful assembly, and I understand that among those who are also in secret detention is Wang Yu, a fearless defender of feminist activists and the victims of rape. Thousands of political prisoners also continue to languish in Chinese jails, the most famous being Nobel laureate Liu Xiaobo, who is halfway through an 11-year sentence for peacefully advocating democratic change. Members may well wish to raise other cases, including, perhaps, events in Tibet and Xinjiang, and the plight of the Uighurs.

As chair of the Conservative Party Human Rights Commission, I welcome the opportunity to engage with China. The Select Committee on International Development met representatives from the Chinese delegation yesterday to discuss the sustainable development goals, which include a commitment to promoting peaceful and inclusive societies and access to justice for all. I recognise the significance of the business relationship and the importance of dialogue with China on a range of issues, including trade, but I hope that dialogue on human rights, freedom of thought, speech and assembly, and the rule of law will also be placed at the centre of the relationship. It is well recognised that the promotion of such freedoms contributes to better business and economic outcomes for the peoples involved. The two go hand in hand.

As the United Kingdom’s relationship with China develops, it is good for us to remember the words of Martin Luther King:

“In the end, we will remember not the words of our enemies, but the silence of our friends.”

[Mr Swire]

I pay tribute to the work that my hon. Friend does in this area. We work closely together in relation to other countries. This evening’s Adjournment debate is on Burma, and she will no doubt take part in it.

In respect of China and human rights, I am sure that many Members on both sides of the House will want to know what was discussed and when. I shall do my best to answer that question, although I stress that the state visit is still under way. I know that the Leader of the Opposition used an opportunity to discuss these matters when he had a meeting with the President.

I do not think that it is really a question of what we have raised. What I find interesting is what the President said during yesterday’s Downing Street press conference when asked about human rights. He said—among other things—

“All countries need to continuously improve and strengthen human rights protection to meet the needs of the time and the people. And on the issue of human rights, I think the people of our respective countries are in the position—in the best position to tell. And China is ready to, on the basis of equality and mutual respect, increase exchanges and co-operation with the UK and other countries in the area of human rights. Thank you.”

My hon. Friend is absolutely right. As the relationship between our two countries becomes ever closer, we are in a position to raise these matters continually, particularly the extremely concerning individual cases to which she referred.

[Catherine West (Hornsey and Wood Green) (Lab)]

The freedom to practise our religion is one of the most fundamental of human rights. For many people around the world, including in China, religious belief defines who they are. It should therefore be a matter of great concern to this House when those rights are infringed, wherever that happens across the globe.

As we have heard, since the summer a large number of lawyers and human rights activists in China have been targeted and detained, including Zhang Kai, whose case was raised by the hon. Member for Congleton (Fiona Bruce). Can the Minister give the House any further information about the circumstances that led up to Zhang Kai’s detention and that of other human rights defenders and activists?

Article 18 of the UN declaration of human rights, says that:

“Everyone has the right to freedom of thought, conscience and religion”.

Can the Minister also confirm that article 36 of the constitution of the People’s Republic of China specifies that

“citizens enjoy freedom of religious belief”,

but then goes on to say that

“The state protects normal religious activities”?

Will he tell the House what his understanding is of this term and what it means for the practising of religion and, in particular, Christianity, in China?

Have Ministers had an opportunity to raise these concerns with their Chinese counterparts, either before the current state visit or during it? Does the Minister have any information about when any case against Mr Zhang might be heard?

The Prime Minister has said that the developing trade relationship between the UK and China provides an opportunity for further dialogue. We agree. Will the Minister therefore undertake to the House, if the Government have not already done so, to raise this case during the remainder of the state visit, as my hon. Friend the Leader of the Opposition and my right hon. Friend the shadow Foreign Secretary, both in their places in the House now, will do later today?

[Mr Swire]

I am grateful to the hon. Lady for her remarks. There is a whole range of cases about which we are concerned. The case in Zhejiang is not new. If the hon. Lady trawls back through Hansard, she will see that I answered a question raised by the hon. Member for North Antrim (Ian Paisley) on this back in June, when I talked about our concerns about restrictions on Christianity, particularly in Zhejiang province. I went on to say:

“We raised these, and our broad range of concerns around religious freedom, directly with Chinese officials during the UK-China Human Rights Dialogue in April this year. We have also highlighted them publicly in the Foreign and Commonwealth Office’s Annual Report on Human Rights and Democracy.”

Further to that, in September I answered a question from my hon. Friend the Member for The Wrekin (Mark Pritchard). I reiterate what I said then:

“I am aware of reports that lawyer Zhang Kai was detained on 25 August, alongside two of his assistants, Liu Peng and Fang Xiangui, and members of a Christian congregation.

I am concerned that this is reflective of the wider situation facing rights lawyers in China. Reports suggest that over 200 lawyers have been detained or questioned since 9 July, and the space in which they operate is increasingly constrained.

The UK supported an EU statement of 15 July which said the detentions raised serious questions about China’s commitment to strengthening the rule of law. We have ongoing discussions with the Chinese authorities on human rights and rule of law issues, and discussed these matters in detail during the UK-China Human Rights Dialogue in April.”

I then went on to say what I have said in answer to an earlier question.

On the question of whether this case and other cases will be addressed, a number of cases are always being addressed. This is not just a one-off and I cannot gainsay what the Prime Minister might say. The Chancellor will of course be with the President in Manchester tomorrow, and there will be a private meeting between the President and the Prime Minister at Chequers later this evening. I do not know what will be on the agenda, but I do know they have an ever-closer relationship and these matters are continuously being discussed.

[Sir Edward Leigh (Gainsborough) (Con)]

May I raise the case of a very old man—he is 94—called Cosma Shi Enxiang, who died in prison in China last year? His only crime was that he was a Catholic bishop who refused to kowtow to the state. This is a very serious matter; it is the sort of thing that was happening in this country in the 16th century. The House does not want vague assurances from the Minister; we want to know that, while we respect the world’s growing superpower and want to trade with it, we are absolutely fearless in these matters and that during this visit our leadership will raise these matters with the Chinese President.

[Mr Swire]

We certainly do not see this visit as presenting a binary choice between greater economic co-operation and human rights, as some would have us do. I reject that utterly. As I have said, there are individual cases that have been raised consistently. We are one of the few countries to have an annual human rights dialogue with China, and we are of the view that that gives us the right format and architecture within which to raise these specific individual cases. I believe that that is the right way to pursue these matters. As our relationship becomes ever closer, we are in a better position to discuss these very worrying cases with our Chinese counterparts.

[Patrick Grady (Glasgow North) (SNP)]

Will the Government use every opportunity, including those that arise this week, to make it clear to China that human rights and equality are a fundamental part of achieving greater and fairer economic growth? Given that the Chinese ambassador said at the weekend that no one would be put behind bars simply for criticising the Government, will the Minister join the United States Secretary of State John Kerry in calling for the release of Zhang Kai? If not, why not? More broadly, will he commit to speaking out, without fear or favour, against the use of the death penalty, even when it is used by strategic allies such as the United States, Saudi Arabia and China?

[Mr Swire]

We do speak out without fear or favour. The United States is responsible for making its own comments on various matters. I refer the hon. Gentleman to my earlier comment that we supported an EU statement on 15 July on the detentions in Zhejiang. We believe that that is the right place for us to do that, along with our bilateral discussions with the Chinese themselves.

[Tim Loughton (East Worthing and Shoreham) (Con)]

As we have heard yet again, freedom of speech and dissent in China are being brutally repressed, not least in Tibet, where the mere possession of a photograph of the Dalai Lama can result in imprisonment or worse. In the UK, our democracy is built on the principle of free speech, so can the Minister tell me why protesters in the Mall exercising their right to draw attention to human rights abuses in Tibet were this week corralled behind barricades at the back while Chinese state-sponsored cheerleaders were given “Love China” T-shirts, Chinese diplomatic bags and a prime position at the front?

[Mr Swire]

My hon. Friend is an assiduous campaigner for Tibet and he will know that, after the death of the senior Tibetan Buddhist, Tenzin Delek Rinpoche, in July, we supported an EU statement and the remarks of a Foreign Office spokesman were carried in the media. Prior to Tenzin’s death, I continued to call for his release, including in parliamentary debates on Tibet in June and in December 2014.

[Ms Harriet Harman (Camberwell and Peckham) (Lab)]

I warmly thank the hon. Member for Congleton (Fiona Bruce) for bringing this issue to the House. I am sure that this debate will be watched by people in China, so this is an important occasion. I also thank you, Mr Speaker, for granting the urgent question.

Does the Minister agree that our ability to raise our voice and put pressure on China because of its gross violations of human rights is in part based on the recognition that this country has itself made a commitment to human rights? Does he recognise that the increasingly negative tone being used in this country to describe human rights as a problem—even to the point of describing the legislation as “Labour’s Human Rights Act”, which I cannot believe is a compliment—undermines our ability to champion human rights abroad? We cannot champion human rights abroad if we regard them as a nuisance at home. Will he ensure that he and his Government stand up for human rights in this country, as part of our policy of championing them in other parts of the world?

[Mr Swire]

The right hon. and learned Lady is absolutely right. It is incredibly important to have good human rights in our own country before we preach to others, and I believe that we do. In my travels around the globe—looking after two thirds of the world, as I am obliged to do—I have observed that our own human rights are way better than those in the majority of countries. A second thing that gives us a huge moral case when we go round the world is that this Government have pledged to spend 0.7% of our GDP on international aid. Those two factors give the United Kingdom a good say at any table.

--- Later in debate ---

[John Glen (Salisbury) (Con)]

While I welcome the commitment of the Minister and the Government to greater intimacy between this country and China in economic terms, the concern of many people in this country is that we rest on carefully crafted diplomatic language when it comes to discussing human rights. We may have an architecture for dialogue, but people are looking for delivered change and a fundamental change in attitude. What will happen if there is no discernible change in outcomes and between what the Chinese say to us and what they practise? What sanctions or actions will the Government take?

[Mr Swire]

I subscribe to the words that

“persuasion and dialogue achieve more than confrontation and empty rhetoric.”

Those are not my words; they are the words of the Prime Minister—[Interruption.] Yes, the Prime Minister of the time—Tony Blair, in October 1998.

[Mr David Winnick (Walsall North) (Lab)]

While we of course have to trade with all kinds of countries, do we really have to grovel to every dictatorship going that treats human rights with such total contempt as China is doing?

[Mr Swire]

I would only say to the hon. Gentleman that I agree with another statement:

“We will make our position clear as we always do, but the best way to do it is without grandstanding or hectoring”.

Those are the words of the Prime Minister—Tony Blair, back in 1998.

[Jeremy Lefroy (Stafford) (Con)]

I am most grateful to my hon. Friend the Member for Congleton (Fiona Bruce) for asking this urgent question. The Chinese people and Government have done a tremendous amount during the past 30 years to lift hundreds of millions of people out of poverty, thus giving them access to human rights they did not previously have. However, men and women shall not live by bread alone; this is much more important. As other hon. Members have said, human rights are also a vital and absolutely fundamental part of development. Will my right hon. Friend look in particular at Hong Kong—he mentioned the situation of the students and others there—where we have a particular responsibility, given the 1984 agreement?

[Mr Swire]

Yes. Mr Speaker, you will not be surprised to hear that Hong Kong falls within my area of responsibility, so hon. Members can all sleep safe in their beds. Just last week, we had a visit from the chief executive of Hong Kong, C.Y. Leung, which went very well. We had discussions with him about Hong Kong. My position and that of the Government on the issue of suffrage for the election is well known. We restate our interests in Hong Kong based on the joint declaration and in line with the basic law.

[Stephen Twigg (Liverpool, West Derby) (Lab/Co-op)]

I congratulate the hon. Member for Congleton (Fiona Bruce) on asking this important urgent question. As she said, we and China signed the sustainable development goals in New York last month. Goal 16 emphasises governance and the rule of law. Does the Foreign Office see that as a way in which we can raise human rights issues, including trade union rights—an important matter, which has not yet been raised this morning—with the Chinese?

[Mr Swire]

The hon. Gentleman makes a good point. We are increasingly working together on a number of global goals, such as climate change, development, peacekeeping and global health. It is important to say that, as China takes its place on the world stage as a major player, we see ourselves working ever more closely with the Chinese on issues that confront us all—peacekeeping, climate change, antimicrobial resistance—including on the UN Security Council. That will deepen the relationship and will again allow us to raise difficult issues that should not be off the table.

[Neil Carmichael (Stroud) (Con)]

By placing human rights at the core of the Helsinki accords back in 1975, significant progress was made in moving the Soviet Union towards a new place. Can something similar be done through the European Union and our partners to drive home the message that we are really serious about human rights in China?

[Mr Swire]

To answer the earlier question from the hon. Member for Hornsey and Wood Green (Catherine West), we are serious about human rights wherever there are such issues, but particularly in China. As I say, we believe that we have an advantage in being able to have an annual human rights dialogue with the Chinese. The next one will be in the United Kingdom next year, which will give us a good opportunity to drill down into specific cases. Those cases are ever changing, but the underlying trends are very often not changing. Those occasions allow us to raise our concerns and to oxygenise them.

[Valerie Vaz (Walsall South) (Lab)]

I, too, congratulate the hon. Member for Congleton (Fiona Bruce) on allowing the House to discuss this matter. The Minister says that he wants to move forward, so will he report back to the House on why particular lawyers and the artist Ai Weiwei were detained?

[Mr Swire]

On the situation with Ai Weiwei, the Home Office spokesman said that the Home Secretary was not consulted over the decision to grant Mr Ai a one-month visa. She has reviewed the case and instructed Home Office officials to issue a full six-month visa. We have written to Mr Ai, apologising for the inconvenience caused. No doubt, the hon. Lady will have been to see the exhibition that is on not a million miles from here. If she wishes to raise other specific cases with me, I am always happy to see her. In advance of the Chinese state visit, I met a lot of pressure groups and non-governmental organisations in the Foreign Office who came to raise their concerns with me and my officials.

[Mr Peter Bone (Wellingborough) (Con)]

I will sleep better in my beds tonight—[Laughter.] I will sleep better in my bed tonight knowing that the Minister is looking after two thirds of the world. I would sleep even tighter if I knew who was looking after the other third. Does he agree that the way in which human rights will change in China is through working with countries like ours and seeing that there is nothing to fear from freedom of religion and freedom of speech?

[Mr Swire]

I know that Mrs Bone will be following my hon. Friend’s comments about how many beds he has. There are things that we take for granted in this country. We should be ever-vigilant of the fact that others around the world do not enjoy those same liberties. I agree with him that the UK can show that we are able to have criticism, dialogue and debate and that, at the end of the day, no one is threatened by it. Freedom of religious expression is a fundamental human right. That is one of the things that all too often in this country we accept as the norm. We should be jealous in guarding the privileges that we enjoy and do everything we can to export them to countries that are less fortunate.

[Andy Slaughter (Hammersmith) (Lab)]

May I associate myself with your kind remarks about Michael Meacher, Mr Speaker? My experience of working with Michael was somewhat different, in that I was employed by him here for two years in the late-1980s. If one way in which we should judge people is by how they treat their employees, particularly the more difficult and truculent ones, that is further evidence of his tolerance and generosity of spirit.

On the Chancellor’s recent visit to China, he was described by Chinese state media as

“the first Western official in recent years who focused on business potential rather than raising a magnifying glass to the ‘human rights issue’”.

Was not Ai Weiwei right this week when he said that the Government are sacrificing essential values for short-term gain?

[Mr Swire]

No, he was absolutely wrong. My right hon. Friend the Chancellor did raise human rights during his visit to China. In Xinjiang, he addressed the case of Ilham Tohti and called for his release. It is not right to say that when Ministers travel in China and meet our Chinese counterparts here in the UK, we do not raise such cases. The hon. Gentleman is precisely wrong.

[Andrew Stephenson (Pendle) (Con)]

In advance of the state visit, I was contacted by Rev. Lorelli Hilliard, the vicar of St John with St Philip in Nelson, who expressed concerns about religious freedom in China. Will my right hon. Friend confirm that our improving commercial relationship certainly does not prevent us from speaking frankly and candidly with the Chinese about these issues, and may even be helpful?

[Mr Swire]

Yes, that is certainly the case. As we get ever closer in our relationship and our dialogue, so we are able to raise these difficult issues with our Chinese counterparts. Mr Speaker, you presided over the speech by President Xi in the Royal Gallery in which he referred to the ever-growing and ever-closer links, particularly with British parliamentarians, and invited more British parliamentarians to go to China. I submit that that would be an extraordinarily good way of forging closer relationships and raising these cases, as parliamentarians, in China.

[Jonathan Reynolds (Stalybridge and Hyde) (Lab/Co-op)]

Of course we should be engaging with China, and promoting dialogue and trade, but there has been a huge sense this week that the Government are willing to sell themselves to China for any price, especially on this absurd nuclear energy deal—I say that as a supporter of nuclear energy. Surely we should have the moral confidence to stand up for what we believe in as a country, especially on political freedom and on religious freedom. Ultimately, other nations will respect us more if we are willing to do that.

[Mr Swire]

I do not regard as ridiculous more than £30 billion-worth of investment from China into the UK, let alone into our nuclear industry. I say gently to the hon. Gentleman that if the previous Government had paid more attention to the gap in our energy provision, we would not find ourselves in the position we are in.

[Peter Grant (Glenrothes) (SNP)]

I welcome a lot of the words we have heard from the Minister today—when they are turned into actions we start to get somewhere. As well as making the point that the nations represented here give a good example of the fact that dissent and disagreement from official Government policy does not represent a threat to national security, does he agree that the right to life is the most fundamental of all human rights and so any nation that carries out wholesale executions of its population is in breach of fundamental human rights? During this week’s visit, will the Government be specifically encouraging the Chinese Government to take steps towards the complete abolition of the death penalty? When was the last time the Government made similar representations to the Government of the United States of America, which executes more of its citizens than almost any other nation on the planet?

[Mr Swire]

We are getting a little wide of the mark there, but I pay tribute to my hon. Friend the Member for The Wrekin (Mark Pritchard), who is not in his place but who goes around the world restating British policy against the death penalty. That is our official policy; it is what we use as such at every meeting and we will continue to do so.

[Tom Brake (Carshalton and Wallington) (LD)]

The Minister will have heard the Chinese President say:

“we have found a part of human rights development suited to China’s national conditions.”

Will the Minister explain what part of human rights development, if any, allows for the possible execution of Zhang Kai, the persecution of Falun Gong practitioners, the alleged forced harvesting of organs and the harassment of Ai Weiwei? Why, at a time when the UK should be strengthening its commitment to human rights, does Sir Simon McDonald, the permanent secretary at the Foreign Office, say that human rights are no longer a priority for the UK Government?

[Mr Swire]

Human rights are actually being brought into the mainstream work of the Foreign and Commonwealth Office, because we think they inform everything we do on a day-to-day basis. The right hon. Gentleman quoted part of what the President said and I shall just cite the last bit of it:

“China is ready to, on the basis of equality and mutual respect, increase exchanges and cooperation with the UK and other countries in the area of human rights.”

That seems to me to be very positive indeed.

Burma

Lord Swire Excerpts

Thursday 22nd October 2015 Commons Chamber

[The Minister of State, Foreign and Commonwealth Office (Mr Hugo Swire)]

I congratulate the hon. Member for Walsall South (Valerie Vaz) on securing this debate and I thank the other Members for their contributions.

We believe 2015 could be the most significant year in Burma’s modern history. The elections on 8 November are a litmus test for the reform process that started in 2011 and the most important democratic opportunity Burma has had in more than 50 years. Successful, credible elections would represent a huge step in consolidating an historic transition from dictatorship. They would bring an enormous amount of good will from the international community, and would be a true legacy for all those whose efforts have taken the country this far.

That is not to say that we should make any presumptions about them. We do still have serious concerns. As the hon. Member for Bradford East (Imran Hussain) reminded us, the constitution guarantees the military 25% of seats in Parliament and bars Daw Aung San Suu Kyi from standing for the presidency. There is a rising trend of Buddhist nationalist rhetoric, which the hon. Member for Walsall South referred to and which has been used for party political purposes. There is the disqualification of parliamentary candidates from Burma’s Muslim minority and the disfranchisement of the Rohingya community, despite our strong protests. There are the arrests of activists and candidates for engaging in peaceful protests and social media posts, for example Patrick Kum Jaa Lee and Chaw Sandi Tun, which raise particular concerns about freedom of expression. There are also reports of inaccuracies and omissions in the voters list, as well as problems relating to advance voting.

The British Government have worked very hard to make the election process as robust as possible. We have funded the International Foundation for Electoral Systems’ work with Burma’s election commission, we are providing £1.5 million to train 5,000 national election observers, and we are contributing towards a substantial EU election observation mission. My hon. Friend the Member for Sutton and Cheam (Paul Scully) and the hon. Lady asked about independent observers and particularly the role of elders such as Mary Robinson. We are supporting the EU observation mission and there are already various other international observers either there or scheduled to be there, not least from the Carter centre, which I believe is involving Mary Robinson as part of its observation mission.

As I have repeatedly made clear to the House, the elections will not be straightforward, and the vote itself will not be “perfect”. Ultimately, it is for the people of Burma, and their political representatives, to decide whether the elections are credible. We will look to them, as well as local and international observers, in assessing the credibility of the vote.

The world is rightly watching these elections intently, but I also personally remain extremely concerned, as do many Members on both sides of the House, by the appalling situation of the Rohingya. I was determined to return to Rakhine during my third visit to Burma in July. As the monsoon rains began to fall, I saw how desperate the situation remains for so many. Indeed, I was struck that for some of those housed in what were after all supposed to be temporary camps the situation has appreciably worsened since my last visit in 2012. I sensed some of the desperation which led increased numbers to attempt the extremely dangerous journey from the Bay of Bengal earlier this year, and I saw yesterday’s tragic report by Amnesty, and no one could fail to have been moved by the harrowing images in today’s Times, which are a reminder of the risks of this happening again. We have pressed the Burmese Government repeatedly on the question of the basic needs of the Rohingya: security, humanitarian access, freedom of movement and a pathway to citizenship. I set out our concerns again in September in New York with Foreign Minister Wunna Maung Lwin.

The hon. Lady asked about the United Nations monitoring mission in Rakhine. There will be another UN resolution in New York this autumn, and we will again support a strong resolution to extend the mandate of the UN special rapporteur on human rights in Burma. I also attended the UN Secretary General’s partnership group on Burma, which was once again chaired by Ban Ki-moon.

We must of course remain conscious that tackling Rakhine will be one of the biggest, most complex and sensitive challenges facing Burma’s next Government. We already provide significant practical assistance to all people in Rakhine state, including more than £18 million of aid since the violence of 2012, and that will remain a priority for us. The Minister of State, Department for International Development, my right hon. Friend the Member for New Forest West (Mr Swayne) has been closely involved in that, and I am pleased to see him in the Chamber this evening.

On the issue of human rights, we are clear that many serious issues remain to be addressed and that, in some areas, the human rights environment has deteriorated over the past 12 months. We welcome the release of thousands of political prisoners under the current Government, but we remain concerned by the continued arrest, detention and sentencing of political activists. We are also concerned by the estimate of a minimum 180 people remaining behind bars at the end of August 2015, with 450 more being detained under repressive laws and awaiting trial following arrests throughout 2014 and early 2015. I raised these issues with the Minister for the President’s Office, Aung Min, when I was in Burma in July.

The hon. Lady raised the issue of Phil Blackwood in the context of human rights. Mr Blackwood travelled to Burma on a New Zealand passport, so this is rightly a New Zealand lead, and it is they who are discussing case handling directly with him. However, I met Mr Blackwood’s cousin on Monday, along with the hon. Member for Middlesbrough (Andy McDonald), who is in his place. Our ambassador has raised the case directly with the President’s office and I have committed to doing so again at the appropriate moment. That would also provide me with an opportunity to raise the case of the other gentleman the hon. Lady mentioned, Mr Niranjan Rasalingam.

During my visit in July, and again in New York in September, I pressed the Burmese Government on a number of human rights issues in addition to the elections and to Rakhine. On the issue of preventing sexual violence—the hon. Lady recounted some harrowing stories in that context—I was delighted to launch the international protocol on preventing sexual violence in conflict when I was last in Rangoon. I made it clear at that time that real progress was critical.

The hon. Lady raised again the issue of our engagement with the military, which has been raised in several debates in the past few months and years. Our focus is to encourage it to take its rightful place as a modern military in a democratic system. We are not providing any combat support or training. Yes, we use our engagement to raise our real concerns about issues such as sexual violence and child soldiers. I raised the issue of child soldiers with both the northern commander and the commander-in-chief. If we want the military to play its part in the reform process, it would be a mistake to think that we can achieve that simply by isolating and criticising it. Aung San Suu Kyi, who has visited some of the courses we have run, is of the same mind.

We welcome the signature last week of the nationwide ceasefire agreement by the Government and eight of the ethnic armed groups. A huge amount of effort and compromise from all sides has gone into that. Further work will be needed to ensure that the remaining groups sign up to the agreement and begin the comprehensive political process to turn it into a lasting settlement. We remain very supportive of this work. It will continue right through to the other side of the election, and it will confront whoever wins the election.

We must not forget that, despite such reverses and the continuing open sore of Rakhine, Burma is in a very different place from where it was at the start of the reform process in 2011. I firmly believe that engagement remains the best way to encourage the forces of moderation. Although the reforms are neither perfect nor complete, they have improved the lives of millions of ordinary Burmese. It is clear, with the forthcoming elections, that Burma is at a crossroads. This is the time for us to hold our nerve and to hope that, through the elections, Burma can set itself on a path to a better future. I thank the hon. Lady for the opportunity to set out the Government’s view once again. Let us all hope that the events of the coming weeks work out in favour of the Burmese people.

Question put and agreed to.

Oral Answers to Questions

Lord Swire Excerpts

Tuesday 20th October 2015 Commons Chamber

[Mr Laurence Robertson (Tewkesbury) (Con)]

3. What recent discussions he has had with the Government of India on outstanding payments due to British companies for work carried out during the 2010 Commonwealth games.

[The Minister of State, Foreign and Commonwealth Office (Mr Hugo Swire)]

In the case of SIS Live, the British high commission in New Delhi has provided consistent support to the company and urged the Government of India to resolve the dispute over payment. I personally raised this issue with the Indian high commissioner just yesterday, and we will continue to press for a satisfactory settlement.

[Mr Robertson]

I thank the Minister for that response and for the work he has carried out on this issue. SIS Live is a perfectly respectable British company which fully delivered on its commitments in the 2010 Delhi Commonwealth games. Does he agree that the outstanding debt of £29 million should be paid to SIS Live in advance of the Indian Prime Minister’s visit to this country later this year?

[Mr Swire]

Yes, we very much hope this will be resolved before Prime Minister Modi comes here shortly. The visit will be an opportunity for us to discuss a wide range of issues. Bilateral trade with India is extremely good, but what is important is the signal this matter sends to other potential British companies looking to invest in India, so we do want it resolved.

[Keith Vaz (Leicester East) (Lab)]

While of course accepting the need for British companies to be paid and for Indian companies to be paid by British companies with which they are doing business, may I join the Minister in welcoming the visit of Narendra Modi, which has caused huge excitement among the British Indian community in places such as London and Leicester? Will it enable the Government to send out a message that it is not just learning Chinese that is important but that a bit of Hindi will go down well in our bilateral relations?

[Mr Swire]

I very much hope the right hon. Gentleman is not going to test me on my Hindi now. Of course we are all looking forward to the visit of Prime Minister Modi. Quite apart from the Government-arranged events, there is going to be a huge diaspora event, in which the Prime Minister will be able to speak—I am sure the right hon. Gentleman is closely involved in organising it. Clearly, we want more British students to study in India, but the opportunities for the provision of English language teaching in India are the ones on which we should concentrate.

[Mr Speaker]

Of course the Indian Prime Minister is the representative of a great democracy.

--- Later in debate ---

[James Cleverly]

I thank the Foreign Secretary for that answer. The Chancellor is right to say that China is vital to our future, but in the light of its recent economic slowdown, what are the Government doing to enhance our trading relationships with the high growth-potential economies of our Commonwealth partners?

[The Minister of State, Foreign and Commonwealth Office (Mr Hugo Swire)]

My hon. Friend is absolutely right. We very much welcome the state visit by the President of China and Madame Peng, which starts today. Of course, China is hugely important to us in terms of bilateral trade, but so is the Commonwealth.

This Government have unashamedly put the Commonwealth back into the Foreign and Commonwealth Office. We have reinvigorated our network within the Commonwealth and look forward to the upcoming Commonwealth Heads of Government meeting in Malta. We are an early investor in the Commonwealth Enterprise and Investment Council. Trade between two Commonwealth countries is much cheaper than trade by one Commonwealth country outside the Commonwealth. This is an area that we are concentrating on and we want to see far greater trade within the Commonwealth.

[Hilary Benn (Leeds Central) (Lab)]

It was reported yesterday that 14 cleaners who work at the FCO were called to an investigatory meeting by the Department’s contractor, Interserve, because they had the temerity to write to the Foreign Secretary to congratulate him on his reappointment and ask to discuss the living wage. Given that a basic freedom is the right of any individual to contact us as elected representatives, without fear or favour, will the right hon. Gentleman join me in condemning this attempt to intimidate staff for having exercised that right?

--- Later in debate ---

[James Berry (Kingston and Surbiton) (Con)]

T2. Does my right hon. Friend agree that the UN Human Rights Council resolution on Sri Lanka achieved an historic opportunity for justice for the victims of grave human rights abuses in that country? Will his Department continue to scrutinise the implementation of that resolution?

[Mr Swire]

Yes we will. We see the resolution as the start of a process, not as its end, and we withstood criticism from the Opposition Benches on our whole policy towards Sri Lanka. We have been at the forefront of getting this resolution, and we are in the right place. I met Foreign Minister Mangala Samaraweera a couple of weeks ago in New York, and Prince Zeid more recently in London. We stand ready to help and assist in the implementation of this resolution.

[Gavin Newlands (Paisley and Renfrewshire North) (SNP)]

T3. Turkey is currently hosting 2.5 million refugees, including 2.2 million Syrians, and organisations based in Turkey are struggling to alleviate the rank poverty and conditions affecting those refugees. Does the Secretary of State agree that the UK should play its part in helping to co-ordinate a new response to take appropriate action to help those affected?

--- Later in debate ---

[Ms Harriet Harman (Camberwell and Peckham) (Lab)]

May I draw the Foreign Secretary’s attention to the worrying situation of my constituent Rebecca Prosser? She was working in the Strait of Malacca on a documentary about piracy for Wall to Wall productions. She had the right visa for Singapore and Malaysia, but it had not yet been authorised for Indonesia. She was arrested in May and has been detained there ever since. I am grateful for the opportunity to meet the Minister and I have met the Indonesian ambassador, but my constituent is on trial right now. She is a hard-working, law-abiding young woman who has committed a visa breach. Will the Foreign Office do everything it can to support her, and at least have a consular presence in the courtroom where she is on trial?

[Mr Swire]

The right hon. and learned Lady came to see me about this matter, and quite rightly so. I personally raised their case with the Indonesian Foreign Minister at the UN General Assembly in September. She knows that immigration offences are taken very seriously in Indonesia. The trial is progressing at the moment. As I said to her at the time, their lawyers judge that a low media profile is the best way of bringing this immigration case to a conclusion, so it is probably better not to say more than that at the moment.

[Andrew Bridgen (North West Leicestershire) (Con)]

T7. Will the Minister update the House on progress on the issue of the letttori in Italy, following the recent Pontignano conference?

Tamils Rights: Sri Lanka

Lord Swire Excerpts

Tuesday 15th September 2015 Westminster Hall

[The Minister of State, Foreign and Commonwealth Office (Mr Hugo Swire)]

I congratulate my hon. Friend the Member for Kingston and Surbiton (James Berry) on securing this debate and commend the valuable work that he has already done in the short time that he has been chairman of the all-party parliamentary group for Tamils. He continues to raise the important issue of Tamil rights. I also congratulate the hon. Member for Bristol East (Kerry McCarthy), with whom I have jousted across this room and the Chamber for some years now, on her promotion to shadow Secretary of State in the new Labour shadow Front-Bench team.

As several Members have said, the debate comes at a crucial juncture for all Sri Lankans, not only those from the Tamil community. Parliamentary elections last month were the freest, fairest and least violent in living memory. We were pleased to have played a role through support to the European Union and Commonwealth observer missions and by funding domestic election observers. The elections resulted in the formation of a new Government of national unity committed to reconciliation and peace building, so some of the criticisms and observations by both Government and Opposition Members in the debate might have been better directed at the former Government, that of Mahinda Rajapaksa, rather than at the new Administration.

[Andrew Stephenson]

I welcome the Minister’s comments. I draw Members’ attention to my entry in the Register of Members’ Financial Interests. Does the Minister agree that President Sirisena’s first few months in office have opened up an important political space, with robust debate and important governance changes, such as the 19th amendment to the constitution? There is clearly a lot more to do, but progress is heading in the right direction.

[Mr Swire]

I utterly concur with my hon. Friend. For example, there is now a Tamil leader of the opposition for the first time in more than 30 years. We have a real window of opportunity for all Sri Lankans to work together to secure a stable, secure and prosperous future.

Tomorrow the report of the international investigation by the office of the High Commissioner for Human Rights will be published. I am proud, as my hon. Friend the Member for Kingston and Surbiton is, of the leading role that the British Government played in calling for that investigation. The report and its recommendations will make a significant contribution to Sri Lanka’s efforts to establish truth and deliver justice, as the country seeks to address the legacy of the civil war, which continues to have a profound impact on many Sri Lankans.

The debate is also particularly timely because I attended the opening session of the Human Rights Council in Geneva yesterday. I thanked the High Commissioner for Human Rights for the work of his office in producing the report. I agreed with him that the process had been not only invaluable, but I am sure difficult for the many brave witnesses who came forward to give evidence.

As I discussed yesterday with High Commissioner Zeid, and separately with the Sri Lankan Foreign Minister Mangala Samaraweera and with Tamil National Alliance spokesperson Sumanthiran, our expectation is that Sri Lanka will now take forward the report’s recommendations and deliver the required processes and mechanisms to implement them. I also made those points when I addressed the Human Rights Council. I recognise that much remains to be done, but in stark contrast to previous years, I was delighted that I could speak positively about the steps that Sri Lanka’s new leadership has taken to begin to address post-conflict accountability and reconciliation.

The report has a vital role to play in understanding the events that took place during and after the conflict, but it is not an end in itself. I agree with hon. Members who said that this is the start of the process and in no way the end. I am sure that all in this House who have followed developments in Sri Lanka closely now want, as I do, to see Sri Lanka move towards meaningful reconciliation, long-term stability and prosperity for all parties.

[Mr Steve Baker (Wycombe) (Con)]

The Minister makes an encouraging case. Will he say something about the consequences for the Administration were there not meaningful progress?

[Mr Swire]

I tend to look at things more positively. If I may continue, my hon. Friend will hear some of my points in support of what the Government in Sri Lanka are seeking to do. They have our full confidence.

[Mr Jayawardena]

I thank the Minister for what he has said. I, too, should draw Members’ attention to my entry in the Register of Members’ Financial Interests. On trade and investment, to which my right hon. Friend referred, does he agree that prosperity will bring the country together as one? We should ensure that everyone has opportunity in Sri Lanka.

[Mr Swire]

My hon. Friend is entirely right. I very much welcome the plans to twin with Jaffna and so forth. When I was up there, it was clear that, rather than the diaspora returning funds to the Northern Province, Jaffna or the Tamil areas, they should make micro-investments and create businesses. Tamils are fantastic businessmen. The diaspora should invest back into their own country, in the safe knowledge that they will be secure to grow businesses there. There need not be dependence on remittances, but on the micro-economy, growth and jobs. That is what we want.

A vital part of the reconciliation process must be credible proposals that meet international standards to address the four key principles of transitional justice, namely, truth, justice, reparations, and guarantees of non-recurrence. I was therefore pleased that Foreign Minister Mangala’s address to the Human Rights Council included such plans. We now need to work with the Sri Lankan Government and our partners in the Human Rights Council to understand Sri Lanka’s plans in more detail and to agree a consensual resolution that sets out a clear framework for delivery. That will of course include plans for delivering justice and accountability.

I appreciate why many in the Tamil community have called for a purely international accountability mechanism, but we have been clear for a long time that a credible domestic mechanism that meets international standards is the best way to build a stronger, more inclusive and prosperous society. In practice, that means: an appropriate legislative and judicial framework for prosecutions to take place; an international element that enables it to meet international standards; guarantees of effective protection of witnesses; and an agreed follow-up mechanism to monitor progress. That is the only way in which any process will gain credibility, critically with all Sri Lankan people and with the international community.

My hon. Friend the Member for Kingston and Surbiton referred to allegations against senior public figures in Sri Lanka. As I have stated previously, we should not pre-judge the conclusions of the UN report. Once the report is published, however, it will be important that its findings are acted on in full, in a credible manner and in line with international standards.

My hon. Friend also referred to recent allegations of human rights violations. We take such allegations extremely seriously. We have repeatedly lobbied the Sri Lankan Government about human rights violations in the past and continue to do so. I discussed the issue of disappearances with Foreign Minister Mangala and with the head of the International Committee of the Red Cross, Peter Maurer, in Geneva yesterday. I am pleased that they have agreed to work together to establish an office on missing persons, in line with internationally accepted standards. I am also pleased that the Foreign Minister committed to begin issuing certificates of absence to the families of those who have disappeared, which is an important first step towards dealing with the terrible situation of the missing, which my hon. Friend described.

As regards asylum and human rights applications from Sri Lankan nationals, together with my colleagues at the Home Office, we keep our asylum policy for all countries under regular review, taking into account all available evidence. Applications are carefully considered on their individual merits in accordance with our international obligations. Individuals who can demonstrate that they face a genuine risk of persecution or ill-treatment in Sri Lanka are granted protection. In an individual case, when people raise material issues about the safety of their return, the Home Office will review it.

[Anne McLaughlin]

What about cases in which people cannot prove that they would be in imminent danger, but are so terrified by their experiences in Sri Lanka over many years that they cannot bear to go back? I have constituents in such circumstances. Would the Home Office consider granting them asylum even though they might not face danger, but perceive that they do?

[Mr Swire]

If the Home Office gave asylum to everyone who perceived danger, the asylum policy would be in a mess, as the hon. Member for Ilford North (Wes Streeting) said it was—which it is not. We have to make judgments case by case. We have been reviewed regularly and withstood such reviews, so our policy is robust. Incidentally, as I discussed again in Geneva yesterday, there are of course still problems in the police and the armed forces, and the new Government need to come to terms with that, but I genuinely believe that they will stamp out any human rights abuses. We need to understand that there has been a sea change in Sri Lanka. We need to get behind the new Administration.

[Siobhain McDonagh]

Will the Minister give way?

[Mr Swire]

No, I will continue, if I may, for the last minute or so.

My hon. Friend the Member for Kingston and Surbiton correctly pointed out the significant social and economic challenges in Sri Lanka. I saw those at first hand when I visited in January. I reiterated to the Government of Sri Lanka our commitment to help in tackling those challenges.

Fundamental to helping ordinary people get back to normal lives are demilitarisation and the return of military-occupied land in the north and east, which I discussed with Minister for Resettlement Swaminathan and President Sirisena during my visit to Sri Lanka in January; with the Chief Minister of the Northern Province, Justice Wigneswaran, most recently during his visit to London in July, when I met him for the second time; and with Governor Fernando of the Eastern Province yesterday in Geneva.

Given the importance of those issues, I was encouraged by the replacement of military governors in the north and east with civilians, by the return of land to a number of war-displaced Tamil families, including by President Sirisena last month, which—

Oral Answers to Questions

Lord Swire Excerpts

Tuesday 14th July 2015 Commons Chamber

[Karen Lumley (Redditch) (Con)]

1. What recent assessment he has made of the political situation in the Maldives; and if he will make a statement.

[The Minister of State, Foreign and Commonwealth Office (Mr Hugo Swire)]

I remain deeply concerned by the situation in the Maldives. On 24 June, my right hon. Friend the Prime Minister made clear his view that there should be a political dialogue involving all parties to discuss the country’s governance, and that all political detainees, including former President Nasheed, should be released swiftly.

[Karen Lumley]

Does my right hon. Friend share my concerns that the continued detention of political prisoners, including former President Nasheed—the first democratically elected President of the Maldives—is an impediment to the ongoing talks and to the possible resolution of the crisis?

[Mr Swire]

We welcome the fact that Mr Nasheed has been moved to house arrest and the political dialogue between the opposition parties and the new Government. We hope the talks will provide the basis for progress on the numerous concerns within the Maldives. It is worth repeating that the Prime Minister has called for the release of all political prisoners, including former President Nasheed.

[Andrew Gwynne (Denton and Reddish) (Lab)]

But does the Minister agree that the Maldives are in breach of the principles of the Commonwealth charter, and does he think the time is right for the Commonwealth to take action against the Maldives to bring about the return of the rule of law and the principles of democracy?

[Mr Swire]

We are not a member of the Commonwealth Ministerial Action Group, as the hon. Gentleman knows. I have discussed these matters with the Commonwealth Secretary-General. I understand that there has been a telephone conversation between CMAG members and that they keep the situation under continuous review.

[Fiona Bruce (Congleton) (Con)]

19. May I associate myself with the concerns expressed about President Nasheed and his welfare by my hon. Friend the Member for Redditch (Karen Lumley)? I understand that Richard Branson recently raised on his blog concerns about the impact of the political situation in the Maldives on travel and tourism. Does the Minister have a view on that?

[Mr Swire]

British tourists play a key part in the Maldivian economy and we keep our travel advice under constant review, as my hon. Friend knows—the first thing we ensure, as far as we can, is the safety of our nationals—which includes the political stability of the country.

[Ian Paisley (North Antrim) (DUP)]

The Minister will agree that the kidnapping and holding of a judge is a very serious affair, and that we should therefore allow the rule of law to determine the outcome of the case of former President Nasheed. Does he agree that the main focus of Government foreign policy in the Maldives should be on improving trade relations?

[Mr Swire]

The focus should be on improving relations, but it should also be on improving the democratic space. The trial of the former President was very rushed and appeared to contravene the Maldives’ own laws and practices, as well as international fair trial standards. That is currently being looked at.

[John Glen (Salisbury) (Con)]

I urge the Minister to resist complacency on the Maldives, particularly given that the current regime seems also to be a recruiting sergeant for ISIL in the Maldives. There will come a time when the Government will need to stand clearly on the right side of the argument and intervene more fully to secure justice in that country.

[Mr Swire]

I hear what my hon. Friend says, but I do not think we can be accused of complacency. I recently raised the Maldives again with the Commonwealth Secretary-General, the Indian Foreign Secretary and the US assistant Secretary of State. Both my right hon. Friend the Prime Minister and I have met Mr Nasheed’s wife, and Amal Clooney and other members of Mr Nasheed’s legal team, to discuss the situation. We are closely involved.

[Jeff Smith (Manchester, Withington) (Lab)]

2. What assessment he has made of the effectiveness of EU sanctions on the Russian Federation.

--- Later in debate ---

[Mr Jim Cunningham (Coventry South) (Lab)]

4. What recent discussions he has had with the Burmese Government on (a) the Rohingya community in Rakhine state and (b) democracy and human rights in that country.

[The Minister of State, Foreign and Commonwealth Office (Mr Hugo Swire)]

Human rights and democratic reform are central concerns for us. In this critical election year for Burma, we regularly raise these issues with the Government of Burma. I strongly reiterated our concerns on the Rohingya to the Burmese ambassador on 18 May, which our ambassador in Rangoon repeated to Ministers locally.

[Mr Cunningham]

Does the Minister agree that reserved parliamentary seats for the military are not compatible with a modern democracy? It is now clear that the military in Burma retains too much power and influence and that it is time for the international community to reassess Burma’s commitment to democracy and human rights.

[Mr Swire]

The hon. Gentleman makes a valid point. We have registered our unhappiness with this clause remaining, as indeed we have for the clauses remaining that effectively rule out Aung San Suu Kyi from running as a presidential candidate. Having said that, we have made the point again and again to President Thein Sein—most recently by the Prime Minister—that we expect the elections on 8 November to be inclusive and credible.

[Valerie Vaz (Walsall South) (Lab)]

Will the Minister raise with the United Nations the possibility of Ban Ki-Moon leading a delegation to Rakhine state to ensure humanitarian access?

[Mr Swire]

We have encouraged the Secretary-General to play a leadership role. With UK support, the situation in Rakhine state was discussed at a UN Security Council briefing on 28 May. We will keep up the pressure on that. It is also worth saying that we support the continuing work of the UN special rapporteur on human rights in Burma, Professor Yanghee Lee.

[Mr Alistair Carmichael (Orkney and Shetland) (LD)]

The Minister will be aware of the widespread concerns surrounding the recent arrest of five students protesting outside the Parliament in Burma. Will he do what the Burma campaign recently asked him to do in relation to other human rights concerns and summon the Burmese ambassador to express the widest possible concerns about these growing human rights abuses?

[Mr Swire]

We welcome, since 2011, the release of 2,000 political prisoners, increasing press freedoms and the discharging of 500 child soldiers. We have, however, seen some re-arrests and we have not been slow to raise these issues. We are working extraordinarily closely with the Department for International Development to try to ensure that on 8 November Burma can face a democratic election where the people can decide who they wish to govern them. From that will flow greater freedoms and respect for human rights.

[Kerry McCarthy (Bristol East) (Lab)]

Given the continued plight of the Rohingya and the role of the military, not just in Parliament but in its continued use of sexual violence with impunity and the lack of progress on key areas of constitutional reform, it is clear we are not seeing the progress we need in Burma. Does the Minister think that the UK or the EU retain any influence now that sanctions have been lifted?

[Mr Swire]

Yes, I do. Incidentally, I draw the House’s attention to the hon. Lady’s recent article on Burma in the Huffington Post, where she appears to suggest that the Prime Minister took business leaders to Burma before the EU lifted trade sanctions in 2013, implicitly suggesting that somehow the Prime Minister was promoting trade when EU sanctions were in place. I refer her back to a 2012 article in The Guardian, which she would do well to read. She may wish to correct what is effectively rather a misleading comment in her article.

[Kerry McCarthy]

I know that the Prime Minister and the Minister are keen to strengthen our bilateral relationship with Burma, but does he agree there will be serious consequences for that relationship if Burma fails to deliver free, fair and credible elections in November in which the Rohingya can participate and Aung San Suu Kyi can play a full role?

[Mr Swire]

Of course, we work closely with Daw Aung San Suu Kyi on all these matters. To repeat, the Prime Minister, with President Thein Sein, said at the G20 that elections should be inclusive and credible, which is what we are working towards on 8 November.

[Richard Burgon (Leeds East) (Lab)]

5. What assessment he has made of the human rights situation in Colombia.

[Ian Lavery (Wansbeck) (Lab)]

8. What representations he has made to the Colombian Government on the imprisonment of civil society activists and trade unionists in that country.

[The Minister of State, Foreign and Commonwealth Office (Mr Hugo Swire)]

I welcome the Colombian Government’s efforts to improve the human rights situation, but we remain concerned about the number of murders of, and threats against, human rights defenders. Most recently, I raised human rights with Colombian Foreign Minister Holguin when we met at the EU-CELAC summit in Brussels last month.

[Richard Burgon]

The FARC announced last week that it would begin a month-long unilateral ceasefire on 20 July, and in response a joint statement by the negotiating teams of the Government and the FARC has announced their agreement to take steps to de-escalate the conflict and implement trust-building measures, as of the 20th of this month. Will the Foreign Secretary call on the parties to agree a bilateral ceasefire as soon as possible to create the necessary conditions for a successful outcome to the talks and to reduce the human cost and suffering of the population?

[Mr Swire]

The hon. Gentleman is absolutely right. The peace process, and the peace that we hope will ensue, is the big prize in Colombia for all its people. I therefore welcome the announcement in recent days that the FARC and the Government of Colombia are aiming to de-escalate the conflict and expedite the peace talks in Havana. That is welcome news.

[Ian Lavery]

Huber Ballesteros, leader of the Patriotic March opposition movement in Colombia, has been in prison since August 2013. Amnesty International claims that the case is emblematic of those of thousands of human rights activists repeatedly intimidated over their work for social justice and support for marginalised groups. What extra pressure can the Minister place on his counterpart in Colombia to stop this human rights abuse?

[Mr Swire]

We raised these issues some time ago with the Colombian ambassador, who raised the specific cases of Huber Ballesteros and David Ravelo with the Minister of the Interior, and in November 2014 embassy officials visited Mr Ballesteros in prison. The ambassador also raised his case with Guillermo Rivera on 3 February and wrote to the prison authorities that month to ensure his dietary requirements were being respected.

[Mr Jeffrey M. Donaldson (Lagan Valley) (DUP)]

The Minister will be aware that several of us from Northern Ireland have sought to share our experiences with the peace process in Colombia. Does he agree that it might benefit that peace process if, in addition to the call for a bilateral ceasefire, we had some kind of independent monitoring commission, similar to what we had in Northern Ireland, which was of real benefit in building trust and confidence on both sides?

[Mr Swire]

The right hon. Gentleman knows as well as any Northern Ireland Member that a peace process is exactly that—a process—and one has to continue to work at it. His experience, and that of other Northern Ireland Members who have visited, is hugely useful, but in the immediate future we need to get the Havana peace talks back on track. There are then huge issues to address about accountability, impunity and all the other issues that he and I would recognise.

[Heather Wheeler (South Derbyshire) (Con)]

6. What further discussions he has had with his counterparts in EU member states on the issues relating to EU reform raised by the Prime Minister at the June 2015 European Council.

--- Later in debate ---

[Ian Lavery (Wansbeck) (Lab)]

T6. Earlier, the Minister welcomed the decision of FARC to have a unilateral ceasefire in Colombia. Will he therefore consider making a supportive statement requesting an immediate bilateral ceasefire in Colombia?

[The Minister of State, Foreign and Commonwealth Office (Mr Hugo Swire)]

The hon. Gentleman will have seen that the Government of Colombia have made a statement about de-escalating the conflict. We fully support the ongoing negotiations in Havana. That is the big prize, as I said earlier, and it is important that both sides come to the table in the spirit of co-operation and not violence. That message needs to get out to all corners of the country.

[Alberto Costa (South Leicestershire) (Con)]

T5. The visit by President Xi later this year represents a major opportunity to boost the trading relationship between the United Kingdom and China. What steps are the Government taking to ensure that British companies, including those in my constituency, can benefit from the visit?

[Mr Swire]

The figures are very good indeed. There has been a huge increase in trade between the UK and China, and the UK is the favoured destination for Chinese inward investment. We look forward to the state visit later this year, which will certainly have a very large trade element to it.

[Stephen Gethins (North East Fife) (SNP)]

T7. We have heard from the Foreign Secretary about the need for treaty change from the EU negotiations. Will fisheries be up for renegotiation?

[Glyn Davies (Montgomeryshire) (Con)]

T8. Looking beyond the human rights issue, which has been extensively discussed today, Colombia is becoming an increasingly important, modern and rapidly expanding country, with massive potential. What action is the Foreign and Commonwealth Office taking to develop business and diplomatic links with Colombia, enabling the UK to construct a mutually beneficial relationship with that country?

[Mr Swire]

My hon. Friend will be aware that UK-Colombia trade grew by 56% between 2009 and 2013, and we are on course to reach our target of increasing bilateral trade and investment to £4 billion by 2020. It is important that we increase our trade with and investment in Colombia because one of the dividends of the peace process will eventually be the economic wellbeing of all Colombians. We must continue to support the peace process and not let up on our demands, such as no impunity, accountability and so on, but at the same time we should continue to support UK-Colombia trade.

--- Later in debate ---

[Helen Jones (Warrington North) (Lab)]

The Inter-American Commission on Human Rights recently condemned the murder of more than 24 human rights defenders in Colombia in the first half of this year. Given that many of those who are murdered receive death threats in advance, what is the Minister doing to implore the Colombian Government to take such threats seriously and act on them to prevent further assassinations?

[Mr Swire]

We raise these matters regularly with the Colombian Government, both in Colombia and with the ambassador here. I raised the issue of protection for human rights defenders when I was last in Colombia. I understand that some of them do have protection, but certainly the increasing trend in the numbers being killed is unacceptable.

[Several hon. Members]

rose—

New Consulate-General (Belo Horizonte, Brazil)

Lord Swire Excerpts

Thursday 2nd July 2015 Written Statements

[The Minister of State, Foreign and Commonwealth Office (Mr Hugo Swire)]

I am pleased to announce to the House that the Foreign and Commonwealth Office intends to open a new British consulate-general in Belo Horizonte, Brazil, by the end of September 2015.

Belo Horizonte, the capital of the state of Minas Gerais, is the third largest city in Brazil. Both the city and the state are politically important. Furthermore, Minas Gerais has a GDP of more than £150 billion, 10% of Brazil’s total, and boasts strong mining and agriculture sectors, a large automotive industry, and an expanding, high-tech industrial base.

Belo Horizonte will also serve as the location for Team GB and Paralympics GB’s pre-games training camps from July to September 2016, and will play host to multiple test camps, to check the training facilities, over the course of 2015 and 2016. The British Olympic Association and British Paralympics Association’s decision to host the training camps in Belo Horizonte is likely to open up further opportunities within Minas Gerais for the UK.

Opening a consulate-general in the city of Recife in north east Brazil in 2011 has shown us just how valuable having a presence in a state capital can be. Our consulate-general in Recife has allowed us to provide direct support to British businesses in accessing commercial opportunities in the state, while also enabling us to build stronger political links at a local level, of particular importance in a country the size of Brazil, where a considerable amount of decision-making power lies with the states themselves. Given the scale of opportunities in Belo Horizonte, and the added dimension of the British Olympic Association and British Paralympics Association’s decision to host their training camps there, the Government believe that we should open a new British consulate-general in Belo Horizonte for an initial period of two years. A resident consul will be appointed, and our consul-general to Rio de Janeiro will concurrently assume the title of consul-general to Belo Horizonte.

The rising economic and global importance of Latin America and Brazil is clear; our overseas network in the region plays an important role in strengthening our political, economic and commercial ties. The Government launched their Canning agenda in 2010; a long-term strategy aimed at revitalising relations with Latin America. While we have made good progress, we need to look for innovative ways by which we can fully realise the potential of closer relationships in the region. The opening of a new consulate-general in Belo Horizonte, within existing resource constraints, is an important part of that ongoing work.

[HCWS78]

MV Seaman Guard Ohio

Lord Swire Excerpts

Tuesday 30th June 2015 Westminster Hall

[The Minister of State, Foreign and Commonwealth Office (Mr Hugo Swire)]

I congratulate the hon. Member for Wansbeck (Ian Lavery) on securing the debate and I commend the strong support he has given to his constituent, Mr Nick Dunn, and the rest of the British crew of the Seaman Guard Ohio. Three of the men are now represented by three new hon. Members, who I think are all in their places in this Chamber.

The hon. Gentleman has rightly raised with the Foreign and Commonwealth Office a number of issues relating to the case. As he concedes, I, too, have taken a close interest in the matter. I have met the current and former MPs involved and the family members several times, most recently in March, and I will meet right hon. and hon. Members again once we have had the verdict of the Supreme Court of India on the case.

I must stress at the outset that this is a legal, not a political, case. As my right hon. Friend the Member for East Yorkshire (Sir Greg Knight), who has been assiduous in representing his constituent, has pointed out, the British Government cannot interfere in another country’s legal process any more than we would allow another country to interfere in ours. Incidentally, I believe that that is something that the former Opposition spokesman, the right hon. Member for Warley (Mr Spellar) has struggled to understand.

[Ian Lavery]

Will the Minister clarify a point? The charges against the men have been totally quashed, but their passports have been withheld by the Government. Are they being withheld illegally? If the charges have been quashed, why are the men not innocent?

[Mr Swire]

If the hon. Gentleman will allow me to develop my speech, I will remind people that the matter has been appealed, and the case starts tomorrow in the Supreme Court. That is the Indian judicial process, within the boundaries and confines of which we have to operate.

Consular staff are not investigative officers or legal advisers, nor can they—or any of us—take a view on the guilt or innocence of those to whom they provide consular assistance. Nevertheless, no one in the Chamber this afternoon will fail to appreciate that this has been and continues to be a difficult and distressing time for the men and their families. I am grateful for the opportunity to put on record the Government’s approach to the case and the consular assistance we have provided and continue to provide. We believe that our consular staff have behaved with professionalism despite considerable provocation at times.

[Brendan O'Hara]

The Minister says that the matter is not political, but will he confirm that of the 35 people originally arrested, the Indian contingent have been allowed to go home and seek employment, the 16 Estonians are being subsidised in their food and accommodation by the Estonian Government, but the six British servicemen have been instructed by the Foreign and Commonwealth Office to beg from family and friends to house and feed themselves? Although we are not asking the Minister to get directly involved in the Indian judicial system, there must be a system of support from the Foreign and Commonwealth Office.

[Mr Swire]

I will come to that. At no stage have we asked anyone to beg for anything.

On 12 October 2013, the ship was detained by the Indian coastal guard security off the Tuticorin port in Tamil Nadu. Consular staff in Chennai were alerted on 14 October to reports of a vessel being held, and the Indian legal process began four days later on 18 October. Permission to visit the men was sent on the same day to the Ministry of External Affairs. Consular staff conducted their first prison visit on 21 October and passed on messages to the men’s employer, lawyer and families.

The crew were charged under the Arms Act for being in possession of assault rifles and ammunition, the Passports Act for entering India without a valid visa and the Essential Commodities Act for procuring fuel in India without permission. During the men’s imprisonment, consular staff visited them on no fewer than 18 occasions. Consular staff liaised with the prison authorities to ensure that the men received an enhanced diet, and they raised medical and dental concerns. Staff also helped the men to maintain regular contact with their families, friends and the Mission to Seafarers by passing on letters and facilitating visits. Since the men’s release from prison on 5 April 2014—one was released later, on 19 July 2014—consular staff have continued to provide assistance by liaising with the company AdvanFort, the lawyer, hotel and police, and by putting the men and their families in contact with organisations that offer help from financial assistance to counselling. Ultimately, however, it is each man’s decision whether to take up those other sources of help. Some of the men have also received assistance from private individuals and their own regimental associations.

As the hon. Member for Wansbeck knows, I managed to track down Samir Farajallah, who owns AdvanFort, and I reminded him of his responsibilities, but as I know the hon. Gentleman will appreciate, communication with Mr Farajallah remains extremely difficult. Although, as I have said, we cannot interfere in another country’s legal system, the British Government—the Prime Minister, the Secretary of State for Foreign and Commonwealth Affairs and his predecessor William Hague, who represented one of the men, Nicholas Simpson; as well as British officials and myself—have repeatedly raised the case with the Indian authorities at local, state and national level, urging resolution as quickly as possible. I raised the matter most recently with the Indian Foreign Secretary in my office here in London on 25 June.

As the hon. Member for Wansbeck said, in July 2014 the Madurai Bench of the Madras High Court dismissed all charges against the crew. As is allowed under Indian law, the prosecution decided to exercise its right of appeal and take the case to the Supreme Court in New Delhi, so the legal case continues. At the Supreme Court hearing on 28 April this year, the judge committed to giving a written verdict. The Supreme Court has been in recess since then, and it reopens tomorrow on 1 July. There is no set date for the written verdict, and the hon. Gentleman will appreciate that we cannot request one.

Meanwhile, I am conscious that the decision of the Indian authorities to prevent the men from leaving India until the completion of the legal process has taken a great toll. Among other things, it has meant that they could not support their families through illness and the birth of a first child. We have made representations on compassionate grounds and issued emergency travel documents to some of the men, but I repeat that this is a legal process in which we cannot interfere. That is why consular staff have provided lists of lawyers and suggested that the men seek independent legal advice.

Although we, too, are frustrated by the continuing case, we are unable to demand the release of British nationals overseas. We are unable to interfere in another country’s legal process. However, we have made and will continue to make known our ongoing interest in the legal case at the highest level. Indeed, if things are not satisfactorily resolved by the time Prime Minister Modi visits, the matter will almost certainly be raised at that point as well. We will express our desire for a swift conclusion, and we will continue to do all we can within the remit of our consular service for the men and their families.

I thank all the hon. and right hon. Members who represent the families for continuing to take such an interest in the case, and I am grateful for the opportunity to update the House. I repeat that the Supreme Court hearing starts tomorrow, and we hope that it will issue a swift ruling. We do not want to do anything, inside or outside the Chamber, which could in any way prejudice the men’s chances of an early release and repatriation to their families and loved ones.

[Sir Roger Gale (in the Chair)]

Order. I would be grateful if hon. Members who are leaving the Chamber did so via the Members’ entrance, because we need to admit some members of the public who are in wheelchairs. I will suspend the sitting for a couple of minutes to facilitate that process.

Magna Carta

Lord Swire Excerpts

Monday 29th June 2015 Written Statements

[The Minister of State, Foreign and Commonwealth Office (Mr Hugo Swire)]

It is normal practice, when a Government Department proposes to undertake a contingent liability in excess of £300,000 for which there is no specific statutory authority, for the Minister concerned to present a departmental Minute to Parliament giving particulars of the liability created and explaining the circumstances; and to refrain from incurring the liability until fourteen parliamentary sitting days after the issue of the Minute, except in cases of special urgency. I have today laid a departmental Minute proposing to provide an indemnity of £24,000,000 in respect of the Foreign and Commonwealth Office-approved global tour of the Magna Carta and King’s Writ celebrating the 800th anniversary. This indemnity will last from 1 September until 31 December 2015 and will cover loss or damage of the documents in this period. The 800th anniversary of the sealing of Magna Carta provides a unique opportunity to support our diplomatic and economic objectives. This global tour supports the UK’s position as a mature democracy built upon the values it promotes globally, and our established position as a centre of finance, commerce and law. We have secured the agreement of the Dean and Chapter of Hereford Cathedral to use their 1217 Magna Carta and only surviving King’s Writ from Runnymede 1215 for this tour. If the liability is called, provision for any payment will be sought through the normal supply procedure. The Treasury has approved the proposal in principle. If, during the period of fourteen parliamentary sitting days beginning on the date on which this Minute was laid before Parliament, a Member signifies an objection by giving notice of a parliamentary question or by otherwise raising the matter in Parliament, final approval to proceed with incurring the liability will be withheld pending an examination of the objection.

[HCWS66]

Tibet

Lord Swire Excerpts

Thursday 18th June 2015 Westminster Hall

[The Minister of State, Foreign and Commonwealth Office (Mr Hugo Swire)]

I congratulate the hon. Member for Leeds North East (Fabian Hamilton) both on his re-election—I am sorry that he was not elected to the chairmanship of the Select Committee on International Development—and on securing a second debate on Tibet, maintaining the momentum that followed the debate in Westminster Hall on 10 December last year. I said during that debate that Tibet commands great interest and that such matters should continue to be raised regularly in the House. I am glad that he took me at my word and has given us the opportunity to debate the issue in greater detail this afternoon.

The UK’s relationship with China—I gently remind the hon. Member for Glasgow North (Patrick Grady) that the UK or British Government handle relations with overseas countries—is both strong and important. Our co-operation on shared interests and challenges is broadening and deepening by the day. We have a shared interest in a peaceful and prosperous China, which includes Tibet. Let me reaffirm that it is the clear position of the British Government that Tibet is part of the People’s Republic of China, and that we do not support Tibetan independence. The Prime Minister reaffirmed that position during the UK-China summit in June 2014. I am aware that some hon. Members—and indeed some who follow Tibet closely—question the UK’s stance, but the Dalai Lama himself has publicly said that he does not call for independence. I wish to state the Government’s position, and that of the official Opposition, publicly and clearly to avoid any ambiguity.

As the Secretary of State for Foreign and Commonwealth Affairs told the Chinese Foreign Minister Wang Yi on 10 June, our relationship with China has never been closer. We engage on a wide range of subjects, both in areas where we work closely together and in others where we may have different views. China is now the UK’s 6th largest export partner, and the UK is Europe’s No. 1 destination for Chinese foreign direct investment. Visa applications are up 20% year on year. 2015 will be a particularly important year; it started with His Royal Highness the Duke of Cambridge’s visit to China in March, will culminate in President Xi’s state visit to the UK in October, and is punctuated by a range of dialogues. Such high-level visits and dialogues are a key part of our engagement with China. They are underpinned by concrete commitments, activities and shared agendas, all of which help to deliver a partnership for growth, reform and innovation in the interests of shared prosperity and security in the UK, China and the world.

I want to turn to Tibet and human rights, which many hon. Members rightly raised, but before I do, I should like to mention the devastating Nepal earthquake in April. Its effects were felt in the wider region, including in Tibet, where a number of people lost their lives and at least 2,500 people were relocated to temporary settlements. I extend the Government’s deepest condolences to all those who have lost family and loved ones. Like the UK, China has responded quickly to the international effort and has been involved in search-and-rescue attempts and offered medical assistance. Within China, the central Government have also released emergency funds to help reconstruction in Tibet.

Despite the pressures that natural disasters and other challenges may bring, I am pleased to report that rapid economic growth has raised living standards across China and has improved access to a range of social and economic rights. In Tibet, investment in education, healthcare and employment has led to a doubling in life expectancy since the early 1950s. It is essential that that growth across China, including in Tibet, is underpinned by the rule of law and full respect for human rights, as guaranteed by the Chinese constitution. We watched China’s fourth plenum with interest; we welcomed President Xi’s commitment to move to a more independent, transparent and professional legal system, and the further commitment to ensure that China is ruled according to the law, with human rights fully protected, by 2020.

Of course, as the Chinese Government have acknowledged, proper implementation of the announced reforms will be paramount. That is why the UK is sharing with the Chinese authorities its own experiences, many ongoing, of domestic legal reforms, and why we continue to raise cases of alleged human rights violations directly with Chinese officials at all levels, at the United Nations Human Rights Council, and at the annual UK-China human rights dialogue, the 22nd round of which took place in Beijing in April, focusing on judicial reform and identifying common ground for future co-operation.

Specifically on Tibet, the Chinese Government have been clear in their commitment that Tibetans should share the same social and economic rights as the rest of China. Nevertheless, we have specific and long-standing concerns, particularly in three areas, all of which should be protected under the Chinese constitution. First are ethnic minority rights, because everyone must have the right to enjoy their own unique culture and language, wherever they live, without fear of discrimination. Second is freedom of religion or belief, which is one of this Government’s core human rights priorities. Third is freedom of expression.

The hon. Member for Leeds North East mentioned counter-terrorism. We have a regular dialogue with China on such issues, and held the last round of the UK-China counter-terrorism dialogue in London. Through the EU, we have contributed comments on proposed legislation, including non-governmental organisation laws, and we continue to monitor the development of such laws extremely closely.

As in the debate in December, much focus this afternoon has been on freedom of expression. We remain concerned that many individuals are detained for the peaceful expression of their views. Many hon. Members, including the hon. Member for Bristol East (Kerry McCarthy) and the hon. Member for Leeds North East, mentioned Tenzin Delek Rinpoche, who was discussed during the human rights dialogue in April and who continues to suffer from ill health in detention. We again urge the Chinese authorities to ensure that, while detained, all such people have access to adequate medical care or, in severe cases such as Tenzin’s, are released on medical parole.

Several self-immolations in Tibetan areas have been reported in the past few years. Disproportionate force, sometimes lethal, is also reported to have been used to disrupt peaceful protests. We maintain our belief that the best way to address and resolve the underlying differences between Tibetan communities and the Chinese Government is meaningful dialogue. We have made that point in our discussions with the Chinese Government, including in our annual human rights dialogue. We will continue to work with China for the protection of citizens’ constitutional rights, in line with the international frameworks to which China is a party.

Various hon. Members raised the issue of the Panchen Lama, which we continue to raise with Chinese authorities. We have urged them to ensure that the restrictions on his freedom of movement and communication are lifted, so that he may select the career, education or religious life of his choosing, wherever he is. We continue to support calls by the UN special rapporteur on freedom of religion or belief and the UN Committee on the Rights of the Child for the relevant authorities to facilitate a meeting between the Panchen Lama and independent international observers.

A number of hon. Members talked about issues to do with the Tibetan plateau. I assure the House that we continue to work closely with the Chinese Government on all environmental issues. As set out in the UK-China joint statement on climate change, our shared objective is agreement of an ambitious global deal from the international negotiations in Paris this year, alongside substantial domestic action to reduce emissions. We also encourage the adoption of better governance in the extractive industries. It is important that high standards are applied throughout China, including in the Tibetan autonomous region, and by Chinese companies operating internationally.

As part of our dialogue and co-operation, we have made it clear that improving understanding through international access to Tibet is important, both for diplomats and for the wider international community, including journalists. We are disappointed that foreign journalists and diplomats are regularly refused access to the Tibetan autonomous region. We regularly visit ethnic minority groups, including in Tibetan areas, and we continue to press for access to the Tibetan autonomous region. As the hon. Member for Bristol East pointed out, a British diplomat was granted access to the TAR in June 2014 for the first time in three years. In answer to her question, we have one request pending and Her Majesty’s ambassador in Beijing is also considering an application.

In answer to the hon. Lady’s other question, three UN special rapporteurs intend to visit China this year, although their schedules remain unknown: the special rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health; the special rapporteur on the human right to safe drinking water and sanitation; and the independent expert on the effects of foreign debt. China has also invited the UN High Commissioner for Refugees to visit, but dates are still being agreed.

Finally, I will respond to the points made about the Dalai Lama. Let me reaffirm that the Government regard the Dalai Lama as an important religious figure and esteemed Nobel laureate. He has visited the UK on numerous occasions, and I understand that he is headlining at Glastonbury in the run-up to his 80th birthday in July. As to any protection required by the Dalai Lama or his party, visits of that sort—as the House knows—are subject to a routine threat assessment. We will certainly be keeping this and subsequent visits under review.

My hon. Friend the Member for East Worthing and Shoreham (Tim Loughton), who is not in the Chamber, raised the issue of the Confucius Institutes and the Chinese cultural centres. We are strongly supportive of links between educational institutions in the UK and China. It is true that we have seen significant growth in student numbers from both sides. Our higher education institutions have a great deal of autonomy and the right to accept funding from where they see fit. That said, a commitment to free speech is at the heart of UK educational philosophy, and the autonomy of educational institutions is extremely important. The Confucius Institutes have been raised with me before. For the record, we are not aware of any evidence to suggest that they are compromising those principles in the UK, but we remain alert to any impropriety or allegations of impropriety.

The hon. Member for Leeds North East spoke about the World Service, and he will be aware of its new arrangements. It will make an assessment of where its funds are best employed and where it can reach the best audiences. I suggest that he approaches the World Service himself; it is for the Foreign Secretary to agree, rather than to initiate, where new World Service broadcasts should be made.

In conclusion, I fundamentally disagree with those who say that we are neglecting the interests of Tibetans. A broad, deep, equal partnership with a strong China is a prerequisite for being able to discuss sensitive issues such as Tibet. We will continue to do that as we deepen our relationship with China—a relationship that is in all our interests. I thank the hon. Member for Leeds North East for providing the opportunity to debate this important issue and allowing me to restate the Government’s position. I have a sneaking feeling that this is a subject to which he and other hon. Members will return—quite properly—on a regular basis.