Council of Europe

Alan Duncan Excerpts

Wednesday 18th April 2018 Westminster Hall

[Angela Smith (Penistone and Stocksbridge) (Lab)]

It is a real pleasure to speak in this very important debate. I, too, want to start by paying tribute to the fact that we all work together so very well. It is a real privilege to be part of a UK delegation that has agreed jointly to sponsor an exhibition at next week’s Assembly to commemorate the 20th anniversary of the Good Friday agreement. I pay particular tribute to the hon. Member for North Thanet (Sir Roger Gale) for his amazing work and how he has worked with me and all of us to make sure that the exhibition goes ahead. I am very proud of that piece of work.

There was a practical example of how we all work together at the Assembly in January, when a monitoring report on Bosnia and Herzegovina was very critical of Serbian activity in Bosnia. There was an attempt by Serbian representatives from Bosnia at the Assembly to weaken the report. It was the strength of the UK delegation voting as one that helped to defeat those amendments. That avoided the sending of a very negative message back to Bosnia that it is acceptable to indulge in intimidation and aggression towards other ethnic groups. That totally underlines the importance of the Council of Europe—the fact that we can work together and send out those very powerful messages to member states. The Council of Europe is not just a talking shop—if it is a talking shop, it is a very important one that is capable of sending out the most profound and fundamental of messages across the continent.

I want to echo all the thanks that have been given so far, but I also want to draw attention to the staff who work in the Council of Europe office here in Parliament. They do a fantastic job. Jonathan Finlay in particular has dedicated a great deal of time to putting together the exhibition that we will all enjoy, I hope, next week in Strasbourg. I echo entirely the comments made by my hon. Friend the Member for Gedling (Vernon Coaker)—or is it right honourable?

[The Minister for Europe and the Americas (Sir Alan Duncan)]

He’s getting there!

[Angela Smith]

He is getting there. I congratulate my hon. Friend on securing this debate, which we are all very pleased to participate in. I will not repeat his comments about the history that led to the foundation of the Council of Europe in 1949, but I do want to say that the Council has certainly played a vital role in defending democracy, human rights and the rule of law since that time. I absolutely echo his comments that it is important at this stage, when we are at a crossroads and face potentially fundamental changes in Europe, that we do not take for granted the values that underpin the Council of Europe. I am concerned about that. It is all too easy to take those values as given, but we must continue to defend them.

We have heard a lot today about the rights of minorities and the need to tackle the problem of political prisoners, LGBT rights, women’s rights, refugees and children. We also need to remember the rights of lawyers—I mention that because I am sitting next to one—to defend their clients effectively, because they are really important, especially when it comes to freedom of expression and dealing with the problems relating to the states that imprison people for speaking out.

I want to talk briefly about some of the problems with member states. Hungary and Poland have elected Governments that are troubling in their attitudes towards minorities. We need to make sure that we keep a very careful eye on what is happening in Hungary and Poland. I also want to mention Armenia, which, under pressure from the Council, signed up to around 70 Council of Europe conventions and reformed its electoral code to ensure that seats in elections were allocated to national minorities. But I read today in The Times about the unrest emerging in Armenia. The President has retired from office and has taken on a prime ministerial role. It looks as though, in effect, he we will transfer the powers that he had as President to his new role as Prime Minister.

Clearly, Armenia is one of those states that the Council of Europe will have to continue to monitor very carefully. What is happening in the country gives me reason to believe absolutely that the Council of Europe has a crucial role in ensuring that it does not waver from the path that leads it to democracy, human rights and the rule of law.

I echo entirely the comments of the hon. Member for North Thanet—I nearly called him “my hon. Friend”, as I think in this context he is—about Russia. We have to be firm in the Russian situation. We cannot be blackmailed by a state that has, in effect, decided that it does not want to abide by the rules relating to international law. It is threatening to undermine financially the work of the Council of Europe. We must stick firmly to our values and send Russia a clear message, but I echo my hon. Friend the Member for Gedling’s comment that the door must always be open to dialogue with states such as Russia and Turkey.

Let me mention the Council’s electoral observation work. I was in Azerbaijan last week for the presidential election, which was an eye-opening experience, to say the least. Ilgar Mammadov, the leader of the main Opposition party in Azerbaijan, is a political prisoner, and many of the main Opposition parties boycotted the election on that ground. Eight candidates were allowed on the final list, and a number of them actually endorsed Aliyev. This was not a free or fair election. There was widespread intimidation, there were widespread crackdowns on free expression, and on election day I observed the stuffing of ballot papers. Some 20% of observations at polling stations reported irregularities, and irregularities were reported at 50% of the counts observed. On those grounds, the Council of Europe, at its meeting the following morning, determined that the election was not free or fair.

That is only the second election observation mission I have participated in—I went to Armenia last year—but election observation is one of the most important aspects of the work of the Council of Europe. As the hon. Member for North Thanet said, it is one of the key means by which we underpin our values and our belief in democracy and free and fair elections. Although, when we observe elections, we cannot stop corruption or the failure of member states that are monitored to observe free and fair play, it is nevertheless important to continue that observation work and to continue to report abuses of electoral processes. For me, that is one of the key means by which we make progress.

I will finish by endorsing the suggestion made by the right hon. Member for Chesham and Amersham (Dame Cheryl Gillan) that we should have an annual debate on the work of the Council of Europe. I also like the idea of an annual statement on the work of the Committee of Ministers. That is a really good idea and would be a key means for Members of this Parliament to be made more aware of the important work of the Council of Europe.

--- Later in debate ---

[Hannah Bardell]

I absolutely agree, and our being able to return to our constituencies and report on the work done by us and the Council of Europe is important. We must look for as many opportunities as we can to do that within this place, and in the media, and there is an opportunity to engage more positively.

I remember returning home on the tube one evening and reading a declaration in the London Evening Standard that it had a new Brussels correspondent. I thought, “Well, isn’t that ironic? Where have they been for the last 10 years?” There was a recent report about the reportage not just of the EU and its institutions, but of Europe in general, and the UK came very near the bottom for quality of reportage and coverage. I do not wish to diverge or digress too much, but the sad truth about Brexit is that people are learning about the EU, what it brings to them and its benefits, only as we leave. We will continue to be a member of the Council of Europe and, for the many reasons that people have highlighted, its work will be extremely important.

Let me reflect briefly on some of my observations from the Hemicycle during the initial days that I spent there. It is completely different from the Chamber of the House of Commons. There is electronic voting. Voting takes merely a few moments; I could not help reflecting on that and thinking, as I put my fingers into the black box and pressed the buttons, how much quicker and more efficient this place would be if we had a similar voting system—[Hon. Members: “No! No!] I know there will be many dissenting voices, but I will press on.

It was also incredible to see the Danish national girls’ choir sweep into the Hemicycle and sing for the Members. It would be difficult to imagine something like that happening in the Chamber of the House of Commons —although perhaps we should consider putting it to Mr Speaker—with people taking pictures of each other and engaging in a lively, democratic way.

The hon. Member for North Thanet (Sir Roger Gale) mentioned the breadth of coverage of the Council of Europe, and the number of people: 820 million people is incredible. He leads us ably and I have enjoyed working with him very much. He has spoken of the breadth of issues dealt with and challenged there, including torture, racism and trafficking. The hon. Member for Rotherham (Sarah Champion) spoke about child trafficking and her work on that. As to the fact that the UK Government have not ratified the Lanzarote convention on child sexual exploitation, it is important that we continue to press the matter.

[Sir Alan Duncan]

Perhaps I can put the hon. Lady’s mind, and that of the hon. Member for Rotherham (Sarah Champion), at rest by confirming that our assessment is that we are now compliant to ratify the convention. We laid the means of doing so before Parliament last week, on 12 April, so the hon. Member for Rotherham can dance a little jig of joy.

[Hannah Bardell]

That is excellent news and testament to the work of the hon. Lady, as well as the work done and pressure put on by the Council of Europe.

For my part, the work of the SNP in the Council will be very much about putting forward Scotland’s voice about its place in Europe, as well as working with colleagues on issues of common interest. I look forward to working with the right hon. Member for Chesham and Amersham in her role as rapporteur on referendums. She will know that, whatever side of the argument—if any—people took in the 2014 referendum in Scotland, it has been held up as the gold standard in terms of process. I hope that we can work together.

--- Later in debate ---

[The Minister for Europe and the Americas (Sir Alan Duncan)]

I am grateful to the hon. Member for Gedling (Vernon Coaker), as I think we all are, for securing the debate and launching it with such an excellent speech. I hope that I will not embarrass him too much if I say that I think it is the best speech I have ever heard in Westminster Hall. His enthusiasm is infectious.

I welcome this opportunity to put on the record my appreciation not just of the hon. Gentleman’s contribution, but of the contributions and work of all the other members of the UK delegation, and of all the things they have chieved and will achieve. For instance, the hon. Gentleman has made a significant impact on the Committee on Migration, Refugees and Displaced Persons, and I was particularly grateful for his work in inspiring the Parliamentary Assembly’s motion in October condemning trafficking in human beings. As hon. Members are well aware, there is a great coincidence of passion and effort here, as tackling modern slavery is a major priority for the Prime Minister personally and for the Government more widely.

I am also grateful for the contributions of other hon. Members in the debate. I will set out the UK’s commitment and contribution to the Council of Europe, and share our vision of how, together, member states can overcome the challenges it faces. I will try to respond to some of the points raised, but I am pleased to have already been able to respond to my genuine friend, the hon. Member for Rotherham (Sarah Champion), on the Lanzarote convention. I am sure that the House will endorse that without question and very rapidly.

The Government are committed to enabling people to realise their potential. Protecting and promoting human rights is central to that objective. More broadly, it is an essential aim of our foreign policy. That is why the Council of Europe is so important to the UK. We recognise and appreciate the valuable role it plays in advancing work on human rights, democracy and the rule of law across Europe.

As the UK prepares to leave the EU, the Council of Europe will be just as important to us. Indeed—perhaps this is the main point of the debate—it will become more important to us. Our continuing commitment to the Council of Europe is one of a number of examples to which I could point that give meaning to our message that, as we have heard this morning, although we are leaving the EU, we are not leaving Europe. We will have the same friends and the same objectives, but a different structure. Our membership provides a platform to pursue common values and aspirations, alongside our many and continuing European friends.

We were, of course, a founding member of the Council of Europe; we were there from the very start. We helped to shape and draft the statute, which originally was the treaty of London, and we were at the centre of efforts to draft the European convention on human rights. Since those early days, as we have heard, Council of Europe membership has increased from 10 to 47, encompassing almost all of Europe. Its core activities of setting standards, monitoring compliance and providing assistance help to advance human rights and democracy across all those member states. It will and it must continue to do so.

A multitude of Government experts support the work of the Council of Europe, and its numerous bodies, including the Congress of Local and Regional Authorities and the Parliamentary Assembly, play a vital role in holding member states to account. I am grateful for all the work of the UK delegation to the Parliamentary Assembly, which is a wonderful example of cross-party co-operation and shows the strength of our commitment. I hope that all those who are involved feel that there is a good working relationship between the Council and those of us who are Ministers taking an interest in the work being done.

The bedrock of the Council of Europe is of course the European convention on human rights. There have been questions, here and in Strasbourg, about our commitment to the convention. As my ministerial colleagues have made clear in recent debates in the House, the Government have absolutely no plans to withdraw from the ECHR. As I assured Secretary-General Jagland in November, we remain committed to the Council of Europe.

The European Court of Human Rights has raised human rights standards across Europe. In the UK, few of us would question its rulings in cases such as Dudgeon or Tyrer, which turned the tide on the criminalisation of homosexual acts and on corporal punishment respectively. However, to protect the long-term credibility of the Court, we must enable it to concentrate on the most serious human rights violations. The Danish Government, who currently chair the Committee of Ministers, share that vision. We worked closely with them on the recent Copenhagen declaration, which advances reform of the convention system, building on our own Brighton declaration of 2012.

There are also conventions covering areas beyond human rights and the rule of law. As part of our anti-corruption strategy, we intend soon to sign two new sports conventions on match fixing and safety at football matches and other sporting events. UK experts played a major role in shaping those conventions.

The Council of Europe, as we have heard, deploys a range of monitoring mechanisms to assess implementation of the standards that members have signed up to. It also assists member states to meet their commitments, including through the work of the Venice Commission, the Commissioner for Human Rights, expert groups and co-operation programmes. Working through multilateral organisations such as the Council of Europe addresses the sensitivities of some member states about receiving foreign assistance.

Through our Magna Carta fund for human rights and democracy, the Foreign and Commonwealth Office has supported a number of Council of Europe projects. Those include projects supporting judicial reforms in Ukraine, countering violent extremism in Bosnia and Herzegovina, and strengthening the ombudsman service in Russia—perhaps a slightly more challenging task. Through our conflict, stability and security fund, we have contributed almost €600,000 to a Council of Europe project to strengthen human rights standards in the armed forces in Armenia, allowing it to meet its obligations under the ECHR and to help its army attain modern standards and values. We have also provided £150,000 to support Council of Europe work on strengthening the cyber-crime convention. The UK-supported convention moves us further away from calls for new treaties that would regulate cyber-space in a way that was unacceptable to the UK.

As we have heard, however, there are a number of challenges facing the Council of Europe. For instance, for many years the organisation has had difficulty in allocating its budget to core priorities. It has also struggled to keep up with the bulging caseload of its Strasbourg Court. Some will want to put pressure on Turkey to strengthen its judicial system, and we have heard some compelling arguments why. One of the advantages of doing so is that it will avoid a wave of new applications that might put further strain on the Strasbourg Court.

I share the secretary-general’s goal of keeping Turkey engaged. As we have heard, I have personally been working on that pretty well since the first day I became a Foreign Minister, which coincided with the attempted coup in Turkey. Indeed, I will be there next week representing the former entente powers at the 103rd annual commemoration of the Gallipoli campaign—a significant moment illustrating that, whereas a century ago we were enemies, today we can look across at each other as friends. I look forward to continuing to work with Turkey through the Council of Europe to support its judicial system, not just because that is the best way to minimise further strain on the European Court of Human Rights, but because it matters in itself.

It is not just the Court that is under pressure; so too is the Council’s budget. While it is disappointing that Turkey has rescinded its grand payeur status, it continues none the less to pay its basic contribution, as it is obliged to do. However, Russia’s withholding of its budget since July last year, in retaliation for sanctions imposed by the Parliamentary Assembly following the annexation of Crimea, looks much more intractable. That failure will be a long-standing issue that we must resolve in the context of our opposing Russia’s overall belligerence and aggression. I understand the comments of my hon. Friend the Member for Gainsborough (Sir Edward Leigh) about the importance of engaging in that context. The significant budgetary pressures faced by the Council of Europe increase the urgency on the secretariat to implement the necessary reforms and efficiencies to deliver a more efficient organisation, focused on core activities. The UK Government stand ready to support those reforms.

I can assure the House that the Government will remain fully committed to the Council of Europe. I urge all my hon. Friends on both sides of the House to continue in the very good work that they do.

Question put and agreed to.

Resolved,

That this House has considered the work of the Council of Europe.