Mike Gapes debates involving the Foreign, Commonwealth & Development Office during the 2010-2015 Parliament

Egypt

Mike Gapes Excerpts
Monday 31st January 2011

(13 years, 9 months ago)

Commons Chamber
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Alistair Burt Portrait Alistair Burt
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In the present context, time lines are genuinely difficult to estimate. Nobody knows quite what will happen with those who are gathered in the square or how long protests will continue. Whatever the time line is, I think that the international community would agree that it should naturally be as short as possible. The expression of the people has been clear. There is a process to be gone through, but it must be quick and effective, and it must lead to a reformed Egypt, as far as political change and democracy are concerned.

Mike Gapes Portrait Mike Gapes (Ilford South) (Lab/Co-op)
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The Minister referred to developments in different parts of Egypt. Does he have any information about what is happening with the Rafah crossings and the tunnels into Gaza? There is potential for people to take advantage of the current instability and send rockets or other materials into Gaza, with wider destabilising consequences in the region.

Alistair Burt Portrait Alistair Burt
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I understand the concern with which the hon. Gentleman speaks. We have no information at present to suggest that that is happening, but his strictures are well noted and will, I am sure, be taken into account.

BBC World Service

Mike Gapes Excerpts
Wednesday 26th January 2011

(13 years, 9 months ago)

Commons Chamber
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Urgent Questions are proposed each morning by backbench MPs, and up to two may be selected each day by the Speaker. Chosen Urgent Questions are announced 30 minutes before Parliament sits each day.

Each Urgent Question requires a Government Minister to give a response on the debate topic.

This information is provided by Parallel Parliament and does not comprise part of the offical record

Lord Hague of Richmond Portrait Mr Hague
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Yes, my hon. Friend is absolutely right. That was why I emphasised the changing nature of the demand for World Service broadcasting and the rapidly increasing online demand, particularly for its Russian services. Such things do not stand still, which of course means that the skills and personnel required sometimes change. There should be wider recognition of that.

Mike Gapes Portrait Mike Gapes (Ilford South) (Lab/Co-op)
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The Foreign Secretary has referred several times to what happened under the previous Government. Will he confirm that the World Service established television in Arabic and Persian and new online services, and that the previous Government did not preside over a cut of 650 staff or make it face 16% cuts, which it now faces when the Foreign Office is suffering only 10% cuts? Is that not a direct consequence of his agreement to the budget cuts and his choices?

Lord Hague of Richmond Portrait Mr Hague
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The previous Government doubled the national debt in four years and ran up a budget deficit of 11% of our gross domestic product. That is why we are now in a period of public spending restraint, whether in the World Service or any other area.

European Union Bill

Mike Gapes Excerpts
Tuesday 25th January 2011

(13 years, 9 months ago)

Commons Chamber
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James Clappison Portrait Mr James Clappison (Hertsmere) (Con)
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I invite the right hon. Gentleman to contemplate the evidence given to the Home Affairs Committee by an eminent lawyer in the field of extradition about the extent of the problem he has just described: arrest warrants coming from Poland and other eastern European places for trivial offences, resulting in many of those on the receiving end of one being locked up in British prisons and police stations, wasting a considerable amount of time and occupying valuable space.

Denis MacShane Portrait Mr MacShane
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I give way to my hon. Friend.

Mike Gapes Portrait Mike Gapes
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Is my right hon. Friend aware that recently a Romanian national was arrested in east London and taken back to Romania on an extradition warrant issued by the Romanian authorities? This individual had been involved in the most terrible form of trafficking of human beings and criminal activity in Romania.

Denis MacShane Portrait Mr MacShane
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May we bring an end to these individual cases from right hon. and hon. Members?

I am glad that the “costa del crime” has been shut down thanks to enhanced European co-operation. I put it to hon. Members on both sides that in a few years’ time it might be to our country’s advantage to have an effective prosecutor’s office working to ensure that the people whom we bring to justice can face inquiry and remedy. I accept that the Bill will pass, but I am nervous about saying to our European colleagues, “Forget that idea, because we will have to have a referendum on it first.” I do not want to use hyperbole, but were I a trafficker or someone who did not want to be brought to justice on a trans-frontier basis, I would be quite happy to see a referendum take place before effective action could be taken against me.

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Priti Patel Portrait Priti Patel (Witham) (Con)
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It is a pleasure to follow the hon. Member for Wolverhampton North East (Emma Reynolds).

I rise to speak to amendment 81, which stands in my name, but first I would like to make a wider point. I fundamentally believe that it is a landmark piece of legislation. I have strong and clear views on Europe and on our relationship with it. It is fair to say that since 1972 this country has seen what I would describe as open-door encroachment on our sovereignty and decision making. When I speak to my constituents about all matters related to Europe, and when they raise those with me, one of the fundamental questions they ask is who governs this country. Is it Britain, or Parliament or Europe? I think that the Bill will bring some clarity to some of those questions and issues.

Mike Gapes Portrait Mike Gapes
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Given the tone of the hon. Lady’s remarks, should she not be calling for an in/out referendum, and is she not disappointed that the Government have come up with such a weak and ineffective measure?

Priti Patel Portrait Priti Patel
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I have spoken previously about various clauses in the Bill and have made it abundantly clear that I welcome it. There is no doubt about that. On the hon. Gentleman’s point about an in/out referendum, I would like to see a referendum on many, many issues, some of which are in the Bill. I will now speak to one fundamental issue that I think should be in the Bill.

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Neil Carmichael Portrait Neil Carmichael
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I really cannot imagine a Government repealing such a Bill—or Act, as it would be—in order to deny the country a referendum. That would be a recipe for attracting an incredible amount of unpopularity, because nobody would trust such a Government ever again. They would have to repeal such an Act in order not to consult the people, which is a highly improbable course of action—certainly by a Conservative Government and even, I would suggest, a Labour Government—so the hon. Gentleman should not worry about that. When this Bill is passed, it is likely to be in place for generations to come, because it will act as a powerful bulwark against the very machinations to which he has referred.

Mike Gapes Portrait Mike Gapes
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Does the hon. Gentleman believe in parliamentary democracy, or does he think that referendums should be the way we govern our country?

Neil Carmichael Portrait Neil Carmichael
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Oh, I believe in parliamentary democracy. I made that clear when we discussed clause 18. I pointed out just how important it is to recognise that we are in the European Union because of an Act of Parliament. I stand by that, because I think it is vital. The Bill does not seek to undermine parliamentary power or parliamentary sovereignty, however we want to define it; it would simply ensure that we consulted the people over such major decisions as, for example, extending the European Union’s power over us.

Mike Gapes Portrait Mike Gapes
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If the hon. Gentleman believes in parliamentary democracy as strongly as he says he does, how on earth can he say that the Bill would act as a bulwark for generations to come? Surely a House of Commons of a different composition could and should have the right to repeal any Act with which it disagrees. The Bill would not act as a bulwark, because if the people elected a different Parliament, that Parliament should have the right to make such decisions, rather than have them made through an ephemeral referendum, held on one particular day, which is then apparently binding for generations.

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Baroness Primarolo Portrait The Second Deputy Chairman
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Order. Before we proceed, I want to say to Members that given the breadth of the debate on this group of amendments, I am not minded, under the Standing Orders, to take a clause stand part debate. I hope that hon. Members will bear that in mind when they make their contributions—although those who have already spoken do not appear to have done so.

Mike Gapes Portrait Mike Gapes
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Thank you, Ms Primarolo. I take it, then, that if I widen my remarks, I will remain in order—subject, of course, to the occupant of the Chair.

I begin by following up a comment of the hon. Member for Stroud (Neil Carmichael) when he said that the former Prime Minister had said, “They are our fish”. One thing about fish is that they do not stay in one place; they can move. If they do not move, they may be over-fished, and there may be a need to have some kind of collective policy to protect “our fish”. It is very easy to say that these are “our fish”, but the fish might swim away and not come back another day.

William Cash Portrait Mr Cash
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When fish are thrown overboard, they are dead; then they do tend to stay where they are.

Mike Gapes Portrait Mike Gapes
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That is very true. The hon. Gentleman should therefore welcome the fact that I am a signatory to an early-day motion on this very issue, which was tabled recently by one of his colleagues.

John Redwood Portrait Mr Redwood
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I am sure that the hon. Gentleman has been here long enough to know that signing an early-day motion never succeeds in doing what we wish. Does he have any better ideas for saving our fish? I am with him in wanting to do so.

Mike Gapes Portrait Mike Gapes
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We need a general approach that recognises that the planet’s resources are finite, so we need to try our best to conserve them. In saying that, however, I am sure that I am moving well away from a clause stand part debate or indeed from a debate on any of the amendments to clause 6.

The hon. Member for Westmorland and Lonsdale (Tim Farron), who is no longer in his place, tried to explain why the Liberal Democrats support the Bill and clause 6 in particular. I was struck by the fact that the real reason for that support was not explained. The real reason lies in the fact that a party that is allegedly pro-European—and whose Chief Secretary to the Treasury used to work for the European Movement—has become very European in the sense of taking on the Stockholm syndrome.

The Liberal Democrats have been captured by their partners to such an extent that they have signed up to making a gesture towards the Eurosceptics, giving the impression to the hon. Member for Witham (Priti Patel) and others who would rather have an in/out referendum—she said as much in response to an intervention—that the proposals before us are highly significant. I suspect that, in many respects, they are not significant, but if they were, and if many referendums were to be triggered in respect of the list of items set out in the Bill, and particularly those in the amendments in the group, the cost of having them would be enormous. I refer not just to the costs of running the referendums, but to the costs of the litigation and judicial reviews that would be incurred—as usual, it would be the lawyers, not the British people, who reaped the financial benefit out of the provisions. We would simply have to pay for the processes brought about by these measures being incorporated into the Bill.

The hon. Member for Stone (Mr Cash), the Chairman of the European Scrutiny Committee, and I had an exchange about these issues on Second Reading. He seemed to agree that there are dangers in bringing about a large amount of litigation and in conferring extra powers on the courts, taking them away from our parliamentary democracy. What we face today is the potential for this to become a dog’s breakfast and a lawyers’ paradise.

Amendment 8, tabled by the Chairman of the European Scrutiny Committee, deals with the European financial stability mechanism. This would not only be costly; it would not be in this country’s national interest. As the hon. Member for Stroud pointed out, more than half our trade—I think it is 60%—is with our fellow EU member states. We therefore have a national interest in the success of the euro; we have a national interest in growth in the German, French, Danish, Dutch, Spanish and Portuguese economies, for example; and we have a national interest in the prosperity of the European region.

It follows that measures will be required to stabilise the financial institutions in the EU, to stop the collapse of banks, to deal with a crisis such as we have seen in Greece, and to deal with the change in the Irish Government that is likely to happen in the next few weeks or perhaps to respond to the welcome return to government of a man who was a Finance Minister under the excellent Labour Government in Ireland, Ruairi Quinn. In light of that, it will be in our national interests to assist the stability and success of the other European economies. Amendment 8 should be opposed vigorously, because it is not in the interests of this country.

William Cash Portrait Mr Cash
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As the hon. Gentleman knows, I tabled amendment 8. He has described the apparent tremendous advantages of the eurozone to us, and indeed the Government sometimes say much the same. The problem is that as a result of the failures of European economic governance and the failure to repatriate the regulations that are imposed, there is no growth in the EU as a whole. We are in the process of being enmeshed in an imploding European Union. So I do not entirely agree with the hon. Gentleman, although the reasons for my amendment are not directly connected with that.

Mike Gapes Portrait Mike Gapes
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The hon. Gentleman and I have been debating these issues for nearly 20 years. We have never agreed on matters relating to the European Union, and I do not think that we are going to do so now.

I do not believe that it will benefit our country if the European Union and the European economies implode, as the hon. Gentleman seems to wish them to do. Certainly there are problems in some—not all—European Union economies, and some, including the German economy, are growing quite rapidly. At the same time, the world’s economic centres are shifting, overwhelmingly to Asia but also to other parts of the world, and as a result we as Europeans will face a very difficult period in the coming years and decades. We need to think carefully about what will happen if the British economy is speculated against in the next 10, 15 or 20 years, and—given that the coalition Government are presiding over a return to recession—about what will happen to the long-term future of the economy if, as the hon. Gentleman wishes, the European economies fail and the European Union implodes.

John Redwood Portrait Mr Redwood
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I certainly do not want those economies to fail. However, if, according to the hon. Gentleman’s analysis, it is right to involve ourselves in economic governance and in mutual subsidies to protect our trade in physical goods with euroland, should we involve ourselves in the same way with the rest of the English-speaking world? Should we aim for stronger economic governance and more transfer of subsidies to protect our extremely important trade in services, most of which takes place outside Europe?

Mike Gapes Portrait Mike Gapes
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Mr Caton—

Martin Caton Portrait The Temporary Chairman (Martin Caton)
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Order. I am advised that that question is not strictly relevant to clause 6, so I invite the hon. Gentleman to proceed with his speech.

Mike Gapes Portrait Mike Gapes
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I was about to seek your advice, Mr Caton. I would love to become involved in a debate on the merits of European co-operation and a new Bretton Woods, and numerous other such issues, but I do not think that they are covered by clause 6.

The questions with which the Bill confronts us are “Is it necessary?”, “Does it do what it says on the tin?”, and “What will be the effects of it and, in particular, of the amendments and clause 6 if they become law?” In my opinion, either this is a recipe for litigation and a lawyers’ paradise, as others have said both on Second Reading and today, or it is irrelevant. Indeed, it may be both: it may be irrelevant in essence, but may none the less serve as a mechanism enabling people to opt for judicial reviews and litigation when referendums are not proposed on certain aspects of decisions made in the European Union and the Council of Ministers.

We are experiencing a difficult period in this country. Very few politicians have had the courage to stand up to the Murdoch press and the Eurosceptic media, and the capitulation of the Liberal Democrats over the last few months, as they have changed their previous approach to the one to which they have signed up in the coalition, further weakens the voice of pro-European people in the country.

Stephen Gilbert Portrait Stephen Gilbert
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I note the accusation of Stockholm syndrome, but I suspect that the hon. Gentleman is suffering from amnesia. The Liberal Democrat manifesto was clear: it said that there would be a referendum

“the next time a British government signs up for fundamental change in the relationship between the UK and the EU.”

The coalition is committed to ensuring that that does not happen.

Mike Gapes Portrait Mike Gapes
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Perhaps when he makes his own speech the hon. Gentleman will be able to clarify whether the Liberal Democrats are still in favour of a “big bang referendum”, as was suggested on some occasions, whether—as happened with the Lisbon treaty—they will vote in three separate ways on any of the issues that arise from clause 6, and whether the Liberal Democrats in the other place will vote in line with their Front-Bench colleagues here or will also be split in three directions.

I believe that the measures before us are not necessary and should be rejected. I shall vote against clause 6 and the amendments concerning, in particular, the European financial stability mechanism, which I think would be positively damaging to the future of our country.

William Cash Portrait Mr Cash
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Excellent amendments have been tabled by my hon. Friends the Members for Daventry (Chris Heaton-Harris), for Witham (Priti Patel) and for Hertsmere (Mr Clappison), and perhaps by others whom I have omitted to mention. There are quite a few amendments here which deal with matters raised by the European Scrutiny Committee, and which relate in particular to gaps—as we described them in our report—in the control mechanisms of part 1. Those matters, which have been discussed quite extensively, involve extensions of European Union competence in criminal law and procedure and in family law, opt-in decisions, and enhanced co-operation in internal passerelles. The amendments deal comprehensively with those issues, and in doing so demonstrate their necessity.

The proposal relating to criminal procedure has been raised by the European Scrutiny Committee in the past. In particular, the Committee has raised the issue of serious crime with a cross-border dimension. Despite denials over the past decade or so that there would be any serious engagement in the field of criminal law, there has been an increasing encroachment on it. There are serious problems, which are often procedural. We should also consider the manner in which criminal justice is activated and operated in other member states. We do not want to assume that everything that we do is perfect; indeed, we have plenty of evidence that it is not. However, there are certain basic principles that go to the heart of the manner in which trial by jury operates and the manner in which people are arrested. I could continue at great length.

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I shall now discuss my amendment 8, on which I need to set out a bit of the history attached to it, because the House of Commons and the people of this country are confronted by a strange situation. I am being given the opportunity to set this out with clarity, because neither this Government nor the previous Government have done what they should have done at the appropriate time. The British taxpayer has thereby been unnecessarily exposed, and we are talking about billions and billions of taxpayers’ money. I will explain why the amounts in question are as they are and how it happened. I ought also to add that this relates to the European financial stability mechanism, which was the mechanism that was partly used for the Irish bail-out. I need not go into the provisions of the Loans to Ireland Bill, because we dealt with that. This was a bilateral loan and that was my suggestion to the Chancellor when the matter first came up on the Floor of the House—perhaps it was a case of minds working alike. I can say only that I am glad that I at least got it on the record that we should opt for a bilateral loan, if anything, and if it were in our national interest. However, on 9 May, after the general election but before the coalition agreement was entered into, the previous Chancellor agreed at an extraordinary ECOFIN meeting that he would engage in this process. A discussion took place, and it is referred to in the explanatory memorandum supplied by the Government. The subject will be debated by European Committee B on 1 February—the Financial Secretary to the Treasury has come into the Chamber and I suspect that he will be answering that debate.
Mike Gapes Portrait Mike Gapes
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Just for the record, is it not a fact that the outgoing Chancellor would have consulted the then shadow Chancellor, who was about to become Chancellor, at that time? So rather than inadvertently giving the wrong impression, perhaps we should put it on the record that in that transition period it would have been necessary and proper for the previous Chancellor to be in discussion with his successor, so that there would be no ambiguity about what would happen.

William Cash Portrait Mr Cash
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The hon. Gentleman is absolutely right on that important point, and I was immediately coming to it—I have in my hand the explanatory memorandum, to which I referred before he intervened, precisely for that purpose. It stands in the name of the Economic Secretary to the Treasury. A scrutiny matter is still outstanding, so paragraph 26 comes under the heading of “Other observations” and states:

“The Government regrets that the Scrutiny Committees”—

those of the Commons and the Lords—

“did not have time to consider this document before it was agreed at Council.”

I can tell the House that that happened because we were in a caretaker period and the European Scrutiny Committee, as such, was not sitting in that interregnum. The memorandum continues:

“It should be noted that whilst agreement on behalf of the UK was given by the previous administration, cross-party consensus had been gained.”

That is why I made the point that the responsibility lies with both this Government and the previous one.

Oral Answers to Questions

Mike Gapes Excerpts
Tuesday 14th December 2010

(13 years, 10 months ago)

Commons Chamber
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Alistair Burt Portrait The Parliamentary Under-Secretary of State for Foreign and Commonwealth Affairs (Alistair Burt)
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I was in Iraq a couple of weeks ago and had meetings both with Government Ministers and Archbishop Matoka, the archbishop in the diocese where the church was so outrageously attacked a few weeks ago. Ministers are well aware of the need to protect minorities in Iraq. The way in which any state looks after minority communities, particularly the uniquely vulnerable Christian community in Iraq, is taken as an indication of how that country functions. Ministers are well apprised of world-wide concern and have a desire to look after that community.

Mike Gapes Portrait Mike Gapes (Ilford South) (Lab/Co-op)
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In an earlier answer, the Foreign Secretary referred to the intention to hand provinces and districts in Afghanistan over to Afghan security forces. Will he confirm that the original plans put forward by General McChrystal have been scrapped and that the position being put forward by the international coalition is based on a hope, a wing, a prayer, and an assumption that the Afghans will come forward in an effective way, but that we have no basis on which we can know that?

Lord Hague of Richmond Portrait Mr Hague
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It is not just based on a hope, a wing and a prayer; to say that would be unfair to everyone involved. I hope that the hon. Gentleman will look at the report that I have laid before the House today, which looks at the Afghan national army’s 28 brigade and corps units and says that seven are now capable of undertaking operations with minimal advice, and then goes through to grade the rest of them. It is also important to bear in mind that, as the report points out, 70% of the violence in Afghanistan is in four of its 34 provinces. That illustrates how dramatically different conditions are in different parts of Afghanistan, which means that transition will be able to take place in some areas years before it can take place in others.

European Union Bill

Mike Gapes Excerpts
Tuesday 7th December 2010

(13 years, 10 months ago)

Commons Chamber
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Tim Farron Portrait Tim Farron
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That is an honest position at least, which my hon. Friend sets out from a sedentary position. It is vital that we assert our sovereignty in Europe, but it is also vital to understand that one of the reasons why we have seen our sovereignty wane is our pig-headed failure to embrace the EU and take a positive role in shaping its future. It is high time that we moved on from dismal EU constitutional wrangling and focused instead on the issues that really matter.

Mike Gapes Portrait Mike Gapes (Ilford South) (Lab/Co-op)
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How does the hon. Gentleman think we can move on from dismal constitutional wrangling if we allow judicial reviews of all such issues?

Tim Farron Portrait Tim Farron
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Every act of legislation creates a possibility of further litigation. That is the nature of what we do. The hon. Gentleman raises an important issue, and if this Bill becomes an Act it will deal with many of the uncertainties and genuine concerns raised by my hon. Friends from a different party about our position in the European Union and the legitimacy of the decisions that are taken. The power should ultimately rest in this place and—even more ultimately—with the British people.

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Mike Gapes Portrait Mike Gapes (Ilford South) (Lab/Co-op)
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The hon. Member for Stone (Mr Cash) referred to clause 18 as a judicial Trojan horse. I would like to refer to the Bill as a whole as a pantomime horse. It is clear from what the hon. Member for Westmorland and Lonsdale (Tim Farron) said that there must have been some very interesting discussions within the coalition about exactly what would be put into the Bill and quite how it would be justified. I do not know what discussions went into the explanatory notes, but it would have been interesting to have been a fly on the wall, particularly looking through the references to the justifications for the list of items in schedule 1. The notes state:

“provides that any proposal to remove the UK’s veto over the use of any of the Treaty Articles listed in Schedule 1 would require a referendum.”

The reality is that many of the issues that are being proposed as requiring a referendum are not massively significant. As the hon. Member for Harwich and North Essex (Mr Jenkin) pointed out, the real issue for many Back Benchers—mostly on the Conservative Benches, although I accept that there are one or two on the Labour Benches too, but not—me is a referendum on the issue of in or out of the European Union.

Like my hon. Friend the Member for Rhondda (Chris Bryant), I have also been very much an opponent of the idea of referendums. I would agree with former Prime Minister Baroness Thatcher, when she quoted the former Deputy Prime Minister and then Prime Minister Clement Attlee as saying that referendums were the devices of demagogues and dictators. There is a large element of truth in that. We must be careful if we start to move away from parliamentary sovereignty and democracy towards a referendum-based society. If we are not careful, we could end up like Italy, and the way in which Italian politics have developed over recent decades is not a model that we should follow.

I want to say clearly that there is a range of reasons why the Bill should be opposed, but one of the most important is that it does not address the real issues that face the European Union. We should be having a debate about the rise of Asia; about how the EU is effective globally; about how the External Action Service can get the resources and the competent people to be able to play a role in avoiding conflicts and tensions and building peace around the world, as well as its diplomatic role. But we are not doing that.

We will not have, as has been pointed out from the Front Bench, the pre-European Council debate that we have always had on the Floor of the House, because the Government, for their own internal reasons, have deemed it something that they do not wish to have, and today becomes a very poor substitute.

David Lidington Portrait The Minister for Europe (Mr David Lidington)
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May I remind the hon. Gentleman that since the adoption of the proposals in the Wright report, responsibility for arranging those debates on the European Union has passed from the Government to the Backbench Business Committee? It is for that Committee to make that provision from the 31 days available to it.

Mike Gapes Portrait Mike Gapes
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The Government are hiding behind the words in the Wright Committee’s report. The reality is that if the Government wished to, and they thought that it was sufficiently important, we could have a debate in Government time on the Floor of the House, as we have always done, on the matters to be discussed in 10 days’ time at the European Council meeting, which comes at a crucial time for the future of this country and the EU. The issues range from the crises in Greece and Ireland, to climate change and the Cancun meeting, and what is happening with regard to China and its role in the world. Not least is what will happen over the coming decades with regard to migration policy and the impact that global changes will have on the people of north Africa and elsewhere who might wish to migrate to the EU. Those are the issues that we should be discussing.

We have had a lot of comments recently about Russia, although I will not depart from the subject of debate today. Frankly, the relationship between the EU and Russia is a complete shambles. There is no agreed approach on energy policy or on how we deal with human rights abuses and the suppression of democratic opposition in Russia. Why do we not have a debate about the role of the EU there? These are the vital questions, but instead of discussing them we are hiding behind the minutiae of a proposal, which if it is implemented will, as the hon. Member for Stone pointed out, put power not in the hands of a sovereign Parliament and Members of Parliament—elected representatives—but more and more in the hands of the judges and the judicial authorities, who will increasingly interfere in a political way. They will make the decisions about what matters are to be decided, not the elected people who represent the people of this country.

That is a fundamental matter, yet the Government are slipping this measure through, so that, with all the proposals in schedule 1, clause 18 and elsewhere, we will end up with the judicial system, not the political system, determining how this country is run. That is a fundamental decision—a fundamental matter—yet it has been slipped into the Bill as though it were a safeguard against the European Union taking away sovereignty. Actually, the proposal gives more power to the judges and to the legal system to take away parliamentary sovereignty. That is nothing to do with the European Union; Ministers themselves have determined those matters.

Neil Carmichael Portrait Neil Carmichael (Stroud) (Con)
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Listening to the debate so far, I think that we might need a referendum to decide whether we need a referendum. As we are looking at the role of the judiciary and its capacity to make decisions, however, does that not underline the sovereignty of this country? Our judiciary makes those decisions.

Mike Gapes Portrait Mike Gapes
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I am not so sure that I want our judges making political decisions. Political decisions should be made by elected politicians, because after all we can be removed and our electors can throw us out. The judges cannot be elected, unless the hon. Gentleman wants us to adopt—God help us—the American system, and we should not do that.

The Minister, in his recent written statement, said:

“The common law is already clear…Parliament is sovereign.”—[Official Report, 11 October 2010; Vol. 516, c. 4WS.]

He went on to say that the Bill’s provisions do not alter the existing relationship of EU law and UK law. In which case, why do we need the Bill? If Parliament is sovereign, as he states, why have the Government come up with the proposals before us? The Bill is a fig leaf. It is a political tactic to give the impression that the Government are fulfilling the Conservatives’ obligation, in their manifesto commitment, to their Eurosceptics on a possible referendum—but not on the issue on which the hon. Member for Harwich and North Essex wishes to have a referendum; it is to be on other issues.

The Bill is an absurdity. It is a bad Bill, which leaves open the potential for legal challenges and judicial reviews, takes away power from Parliament and gives it to the judiciary, and does not change the relationship, as the Minister says, between existing UK law and the European Union. Therefore, why do we need it? It is a disgrace, and it should be rejected.

Oral Answers to Questions

Mike Gapes Excerpts
Tuesday 9th November 2010

(13 years, 11 months ago)

Commons Chamber
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Jeremy Browne Portrait Mr Browne
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There is an agreed EU position on Burma set out in the European Council conclusions and decision of 26 April this year. The position of the British Government is entirely consistent with EU policy. EU sanctions on Burma are among the EU’s toughest autonomous measures against any country, and they make plain our determination to see change. Sanctions are designed to target regime members and their associates, not to harm the ordinary people of Burma. The regime’s complaints about sanctions suggest to us that they are biting.

Mike Gapes Portrait Mike Gapes (Ilford South) (Lab/Co-op)
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The key country with influence in Burma is China. Can the Minister tell us what representations the Prime Minister is making to the Chinese authorities about the human rights abuses in Burma and the need for it to move to democracy?

Jeremy Browne Portrait Mr Browne
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We regularly raise our concerns with the Chinese Government, and indeed with other countries in the region, and they can be under no illusions about the strength of our views on Burma. In addition, the Deputy Prime Minister and I raised the issue of Burma with Asian counterparts at the October Asia-Europe meeting in Brussels, and I have raised the matter during recent visits to the Philippines, Thailand, Indonesia, Japan and China.

Linda Norgrove

Mike Gapes Excerpts
Monday 11th October 2010

(14 years ago)

Commons Chamber
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Mike Gapes Portrait Mike Gapes (Ilford South) (Lab/Co-op)
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In his opening remarks, the Foreign Secretary said that the hostages—Linda Norgrove and her colleagues—were taken by people wearing Afghan national army uniforms. Has he made any assessment of how many similar events have taken place in the past year in Afghanistan and of whether there is a problem with regard to the security of uniforms and other material from the Afghan national army?

Lord Hague of Richmond Portrait Mr Hague
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The hon. Gentleman raises an entirely legitimate point, which deals with one of the issues that we will need to follow up after this incident. As far as I am aware, this is not the only incident in which Afghan national army uniforms have been abused. It is not easy in the circumstances of Afghanistan, and with an army that now numbers well over 100,000 and has a relatively high turnover rate, to control the uniforms available around the country. This may therefore be a difficult problem to address going forward, but we will certainly want to do some additional work in ISAF and with the Afghan Government on how to tackle it.

Kabul Conference

Mike Gapes Excerpts
Wednesday 21st July 2010

(14 years, 3 months ago)

Commons Chamber
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Lord Hague of Richmond Portrait Mr Hague
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I entirely understand my right hon. and learned Friend’s scepticism, because commitments have been made and not honoured in the past. I drew attention in my statement to the fact that not enough progress has been made in matters of governance and tackling corruption. Those are factors that my right hon. Friend the Secretary of State for International Development and I stressed very strongly to President Karzai and Ministers in the Afghan Government.

It is fair to say that progress is being made. For instance, we discussed on Monday in Kabul with the Minister of Mines the forthcoming contracts for the development of Afghanistan’s incredibly rich natural resources. He is publishing the 108 contracts to develop those resources and their terms. As the House has discovered, transparency is the best antidote to suspicion or wrongdoing. That is also true in Afghanistan, with wrongdoing on a spectacularly greater scale.

Those lessons are being learned. For instance, rules that are to be introduced to forbid Afghan Ministers or Members of Parliament from having relatives involved in the country’s tax system are also important steps forward. I will argue not that we have solved the problem, but that what was committed to at Kabul is important progress.

Mike Gapes Portrait Mike Gapes (Ilford South) (Lab/Co-op)
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The Foreign Secretary referred to the aim of accelerating Afghanisation and its governance, including by enhancing security. Can he therefore explain why whereas the London communiqué refers to a number of provinces that will transition to an Afghan lead by late 2010 or early 2011, the Kabul communiqué simply states:

“The Government of Afghanistan and NATO/ISAF are to assess jointly the provinces with the aim of announcing by the end of 2010 that the process of transition is underway”?

Is that due to the influence of General Petraeus, or to the concerns that some NATO partners in those areas of Afghanistan might leave the coalition more quickly?

Lord Hague of Richmond Portrait Mr Hague
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No, it simply reflects the complexity of assessing when a province is ready for transition. I do not think that there is any contradiction between the London and Kabul communiqués. The Kabul conference backed the NATO-Afghan joint framework that has been agreed in recent days for assessing which provinces—and, if relevant, districts—are ready for transition from ISAF control to Afghan security control. That assessment will be based on a number of criteria, which will include governance and the rule of law. Predominantly, however, it will be a security-based assessment. As set out in the communiqué, NATO and the Afghan Government intend to announce that the transition process is under way by the end of the year. Further details will be set out at the NATO Lisbon summit. Between the summit and the spring of next year, we expect the first batch of provinces to have transitioned. So I think we are on track, but we are coming to a point at which we need to make the assessments, rather than setting out specific statistical targets.

Oral Answers to Questions

Mike Gapes Excerpts
Tuesday 6th July 2010

(14 years, 3 months ago)

Commons Chamber
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Lord Bellingham Portrait Mr Bellingham
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I am grateful to the hon. Gentleman for his constructive question, and I agree with him entirely. We want to get the inquiry out of the way as soon as possible, and the special investigation and prosecution team is doing a very good job indeed. It is now at full strength, and we very much hope that it will come up with a number of charges in the near future so that we can get closure following these quite appalling corruption incidents.

Mike Gapes Portrait Mike Gapes (Ilford South) (Lab/Co-op)
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The Minister will know that the Select Committee on Foreign Affairs published in its final report in the last Parliament a short update on the situation in the Turks and Caicos Islands, and made a number of recommendations. It expressed concern that the timetable for an election in 2011 might be too early, given that these possible prosecutions might not have been concluded by that time. Are the Government giving consideration to that timetable, and are they prepared to look again at their current approach?

Lord Bellingham Portrait Mr Bellingham
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We are certainly looking carefully at those particular points. I agree with the hon. Gentleman that we want to avoid the danger of re-electing politicians involved in corruption. That is why the matter is under review. We are looking carefully at the work of the Turks and Caicos Islands Government, and we will report back to the House on progress in due course.

Alleged War Crimes (Sri Lanka)

Mike Gapes Excerpts
Wednesday 16th June 2010

(14 years, 4 months ago)

Westminster Hall
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Siobhain McDonagh Portrait Siobhain McDonagh
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I agree. I thank my right hon. Friend for all his work on behalf of the Tamils and I ask the Minister to address the point that he raises.

Mike Gapes Portrait Mike Gapes (Ilford South) (Lab/Co-op)
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Does my hon. Friend share my concern that the United Nations Human Rights Council failed to carry out its duty to investigate war crimes and abuses on both sides in the conflict in Sri Lanka, and that that is an indictment of those members of the UN system that blocked it—specifically, China, India and Russia?

Siobhain McDonagh Portrait Siobhain McDonagh
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I agree. As I have often admitted, I am a novice in international issues. When dealing with these matters, I have been shocked by the behaviour and procedures of the UN.

Desmond Tutu and Lakhdar Brahimi believe that an independent international inquiry is needed. They say:

“In our experience in South Africa and other countries, these kinds of inquiries work best alongside a full and open reconciliation process. This would allow the suffering—and mistakes—of all communities during decades of war to be acknowledged.”

What happened to Tamil civilians in Sri Lanka was disgraceful, but equally disgraceful is the fact that what took place there was so hard to document because of the restrictions on monitoring and reporting and the lack of a free and open press.