Foreign and Commonwealth Office

Alan Duncan Excerpts

Wednesday 21st February 2018 Ministerial Corrections

[Grahame Morris]

Does the Foreign Secretary recognise that the Kurdish-led Administration in Afrin has built a secular, democratic system that has worked collaboratively with the international community to defeat Daesh, most recently in Raqqa? Does he accept that the international community owes a debt of honour to the Kurds? Will he step up efforts to stop the bloodshed in and around Afrin?

[Sir Alan Duncan]

I understand what the hon. Gentleman is saying, but we must also recognise the legitimate security interests of Syria. They consider that, having launched Operation Olive Branch in January, it is in response to attacks from the Afrin area, and they believe that they are in compliance with proper UN standards.

[Official Report, 20 February 2018, Vol. 636, c. 2.]

Letter of correction from Sir Alan Duncan.

An error has been identified in my answer to the hon. Member for Easington (Grahame Morris).

The correct response should have been:

[Sir Alan Duncan]

I understand what the hon. Gentleman is saying, but we must also recognise Turkey’s legitimate security interests in Syria. They consider that, having launched Operation Olive Branch in January, it is in response to attacks from the Afrin area, and they believe that they are in compliance with proper UN standards.

Oral Answers to Questions

Alan Duncan Excerpts

Tuesday 20th February 2018 Commons Chamber

[Grahame Morris (Easington) (Lab)]

1. Whether he has made representations to his Turkish counterpart on that country’s operation in Afrin.

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

The Foreign Secretary has spoken to Turkish Foreign Minister Çavuşoğlu about the operation in Afrin. We have called for de-escalation for the protection of civilians, while recognising Turkey’s legitimate interest in the security of its borders. It remains in our shared interests to focus on achieving a political settlement in Syria.

[Grahame Morris]

Does the Foreign Secretary recognise that the Kurdish-led Administration in Afrin has built a secular, democratic system that has worked collaboratively with the international community to defeat Daesh, most recently in Raqqa? Does he accept that the international community owes a debt of honour to the Kurds? Will he step up efforts to stop the bloodshed in and around Afrin?

[Sir Alan Duncan]

I understand what the hon. Gentleman is saying, but we must also recognise the legitimate security interests of Syria. They consider that, having launched Operation Olive Branch in January, it is in response to attacks from the Afrin area, and they believe that they are in compliance with proper UN standards.[Official Report, 21 February 2018, Vol. 636, c. 4MC.]

[Dr Julian Lewis (New Forest East) (Con)]

When we make representations to our Turkish NATO allies, can we also make representations on behalf of the tens of thousands of journalists and others who have been locked up by the Turkish Government?

[Sir Alan Duncan]

I can assure my right hon. Friend that we do, and we do so in all our meetings at all levels with our Turkish counterparts.

[Joan Ryan (Enfield North) (Lab)]

Do the Government agree that the Democratic Union party—the PYD—and the People’s Protection Units—the YPG—should be included in the Geneva process to end Syria’s war and discuss the country’s future?

[Sir Alan Duncan]

That is primarily a question on Syria, rather than Turkey. However, I would point out to the right hon. Lady that the PKK is a proscribed organisation in the UK, whereas the organisations to which she principally refers are not and so can be spoken to.

[Theresa Villiers (Chipping Barnet) (Con)]

Will the Minister make representations to the Turkish Foreign Minister to ask the Turkish navy to cease obstructing vessels seeking to extract hydrocarbons in the eastern Mediterranean?

[Sir Alan Duncan]

I understand the issue to which my right hon. Friend refers, which is the drilling for oil and gas on the edge of Cyprus. We are assessing what has been reported over the past day or so about what exactly is happening in that area.

[Emily Thornberry (Islington South and Finsbury) (Lab)]

We on this side of the House unequivocally condemn Turkey for its disgraceful assault on Afrin. We are especially appalled that it has enlisted in its army the very jihadist militias that the Kurdish forces have worked so hard to drive out of northern Syria. If the Foreign Secretary is unable to join me today in condemning Turkey, will the Minister of State at least explain why he believes that “Turkey’s legitimate interest in the security of its borders” gives it the right to brutally attack the innocent Kurdish community in Afrin?

[Sir Alan Duncan]

I do not think it is exactly as the right hon. Lady says. We need to recognise Turkey’s legitimate interests. Of course we condemn any kind of attacks on civilians and we wish to see a de-escalation of that, but the legitimate rights of Turkey should be recognised.

[Emily Thornberry]

The truth is that the Turkish assault is part of a broader pattern, where too many foreign parties engaged in the Syrian civil war are now acting just like the Assad regime itself—without any regard for international law. When the Government obtained a military mandate for joining the coalition action in Syria, David Cameron guaranteed in this House that it was “exclusively” to combat the threat from Daesh. Given that that threat is now almost totally gone, will the Minister of State please spell out the coalition’s current military objectives in Syria? When will he seek a mandate for them from this House?

[Sir Alan Duncan]

I find the right hon. Lady’s analysis extremely bizarre, particularly as the YPG has been reported as wishing to ally itself with the Assad regime in order to fight back against Turkey’s activity.

[Mr Philip Hollobone (Kettering) (Con)]

Further to that point, what is the Minister’s assessment of the veracity of reports that the Assad regime and the Kurds are joining forces militarily to resist the Turkish incursion?

[Sir Alan Duncan]

That is exactly the issue to which I have just referred. We are assessing it, and I am sure that there will be further reports later, but it is too early to say exactly what may be happening.

[David T. C. Davies (Monmouth) (Con)]

2. What steps his Department is taking to support the delivery of girls’ education throughout the world.

--- Later in debate ---

[Mary Robinson (Cheadle) (Con)]

10. What steps his Department is taking to support global ocean conservation.

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

At the previous Foreign Office questions in January, I explained that the UK is leading by example on ocean conservation. The Government are on track to meet their manifesto blue belt pledge, which will deliver marine protection across nearly 4 million sq km of the waters around our overseas territories by 2020. Through the Commonwealth marine economies programme, we are working to enable small island Commonwealth states to conserve and use their maritime space sustainably.

[Mary Robinson]

In common with my constituents, I welcome the microbeads ban and other measures taken by the Government to protect the marine environment, but we need a global approach. What diplomatic steps is my right hon. Friend taking to engage with the United Nations and other countries to push the blue belt charter up the global agenda?

[Sir Alan Duncan]

I am grateful to my hon. Friend for recognising the steps that we have taken, such as on microbeads. As for her main point, we are closely involved in negotiations to develop a UN treaty on marine biological diversity in areas beyond national jurisdictions. As chair of the Commonwealth for the next two years, we will work with member states to create a Commonwealth blue charter. In the G7, we are working closely with Canada during its presidency to deliver our shared ambition to tackle the threats facing our oceans.

[Mr John Baron (Basildon and Billericay) (Con)]

12. What recent assessment he has made of the adequacy of the level of funding for the British Council.

--- Later in debate ---

[Sir Patrick McLoughlin (Derbyshire Dales) (Con)]

May I ask my right hon. Friend what his view is of the position with the Ecuadorian embassy in London? The situation has been going on since 19 June 2012. In the first three years, it was estimated to have cost the Metropolitan police an extra £11 million. When are we going to take action?

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

Julian Assange breached his bail conditions in 2012. In upholding the arrest warrant of 13 February, Judge Arbuthnot said:

“He appears to consider himself above the normal rules of law and wants justice only if it goes in his favour.”

In our view, Assange is not a victim of arbitrary detention. He is avoiding lawful arrest. He should step outside the door and face justice. That would bring an end to the matter.

[Neil Coyle (Bermondsey and Old Southwark) (Lab)]

Almost two years ago, my constituent Adrian St John was murdered in Trinidad. Since then, his mother Sharon and I have been working with Ministers and officials in both countries to secure justice, but progress has been grindingly slow. The case in Trinidad has been adjourned 27 times. Will the Government ensure that Adrian’s murder is on the agenda when the Prime Minister of Trinidad and Tobago visits London in April, and will Ministers allow time during Mr Rowley’s official visit to meet Sharon and me to help her to secure justice?

[Sir Alan Duncan]

I commend the hon. Gentleman for the manner in which he is defending the interests of his constituent. I am acutely aware of this case. Adrian was murdered in Trinidad. We cannot interfere in the judicial process, but we are extending every possible support. I advise the House that we understand that a preliminary trial to determine whether there is sufficient evidence to charge the accused with murder will be held on 8 March. I hope that this will mark some progress towards what the hon. Gentleman is seeking.

[Royston Smith (Southampton, Itchen) (Con)]

Millions of people are celebrating the seventh anniversary of the start of the Libyan uprising and the ousting of Colonel Gaddafi. Fayez al-Sarraj has been the Prime Minister of Libya for nearly two years and progress has been painfully slow. Will the Secretary of State update the House on what his Department is doing to help the Government of National Accord to bring about a prosperous and—more importantly—peaceful Libya?

Sanctions and Anti-Money Laundering Bill [Lords]

Alan Duncan Excerpts

2nd reading: House of Commons
Tuesday 20th February 2018 Commons Chamber

[Helen Goodman]

I am afraid that I do not think the Bill makes that clear. First, it does not include the phrase, “gross human rights abuses”, which the Foreign Secretary just used, and furthermore, it does not refer to public officials. This is a matter that we can debate upstairs in Committee, and I will be happy to do so with the Minister.

Another key area that the Government have failed to address properly is the position of refugees and victims of human trafficking. Last month, the House unanimously resolved:

“That…conflict resolution…and the protection of human rights should be at the heart of UK foreign policy and that effective action should be taken to alleviate the refugee crisis”.

There are now 66 million refugees—more than there have ever been and more than the population of the United Kingdom. The flow of desperate people across the Mediterranean and through Turkey is continuing. Yet the Bill gives no impression that Ministers have given any thought whatsoever to the plight of these people, who are seeking refuge from desperate and protracted conflicts around the world.

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

May I draw the hon. Lady’s attention again to clause 1(2)? Paragraph (e) mentions exactly what she is talking about—promoting

“the resolution of armed conflicts or the protection of civilians in conflict zones”.

Paragraphs (f), (g) and (h) refer exactly to the human rights abuses that my right hon. Friend the Foreign Secretary mentioned in response to her earlier comments.

[Helen Goodman]

That is absolutely true, but if the Minister reads a little further into the Bill and looks at clauses 6 and 7 on aircraft and shipping, he will see that there are some problems at that point. Again, we can come back to this in Committee.

The Bill states that prohibitions can be applied to UK nationals and companies based in the United Kingdom, but not against companies based or incorporated in the British overseas territories. Recent reports from UN monitors implicate territories such as the British Virgin Islands in the setting up of front companies that helped North Korea to evade the sanctions imposed on it. The problem of sanctions avoidance is very serious. Last week, I was told in answer to a written parliamentary question that the total cost of financial sanctions reported as having been breached last year was £170 million. This afternoon, I received a letter from the Treasury, which has looked at the numbers again and says that the number is £1.4 billion. We need to look at this in more detail in Committee.

I now turn to the anti-money laundering provisions—what one might call the McMafia section of the Bill. To set this in context, the Home Affairs Committee report of June 2016 found:

“Money laundering is undoubtedly a problem in the UK…It is disgraceful that at least a hundred billion pounds is being laundered through the UK every year. If the UK is to remain the centre of global finance, this must be addressed.”

It pointed out that

“money laundering takes many…forms…from complex financial vehicles and tax havens around the world through to property investments in London…and high value jewellery. It is astonishing that just 335 out of some 1.2 million property transactions…were deemed to be suspicious. This suggests to us that supervision of the property market is totally inadequate”.

At the moment, it is far too easy—

--- Later in debate ---

[Alison Thewliss]

Yes, that would be a very useful addition. The Secretary of State did not answer the questions on the fifth money laundering directive: how it will be transposed; how it will be scrutinised; if there is a transitional phase; what that transition will look like; how we will prevent any loopholes; and how we will make sure that criminals do not exploit that transition.

[Sir Alan Duncan]

Perhaps at this stage I can give the hon. Members for Glasgow Central (Alison Thewliss) and for Bishop Auckland (Helen Goodman) the answer they are seeking on the fifth money laundering directive. It will be published in the summer of 2018 and member states will have 18 months to implement it. That will be after we leave the EU, so whether we or Gibraltar are legally required to transpose will depend on the terms of the implementation period, which of course are under negotiation.

[Alison Thewliss]

That sounds like a vague, “I don’t know” kind of answer.

--- Later in debate ---

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

As my right hon. Friend the Foreign Secretary said in his opening speech, this Bill is necessary to ensure that we can continue to use sanctions and anti-money laundering regulations to support our foreign policy and national security goals as we leave the European Union. We have had a lively and passionate Second Reading debate, but I sense that the setting up of a UK sanctions regime on our departure from the EU would appear to enjoy the broad support of this House.

It is often invidious in winding up a debate to pick out some speeches but not all, but forgive me, Mr Speaker, if I do that this evening, because I think the two strongest and most remarkable speeches were those of the right hon. Member for Barking (Dame Margaret Hodge) and my right hon. Friend the Member for Sutton Coldfield (Mr Mitchell), with whom I worked very closely as his deputy in DFID. I appreciate the passion of the right hon. Lady; we will no doubt debate these matters at great length in Committee and on Report, and we will take on board the strength of the arguments we have heard tonight, and which, of course, we have heard before. Likewise, my right hon. Friend made an impassioned plea for humanitarian agencies to be fully considered, and I will come to that shortly. He also spoke of Magnitsky, as did many Members; I will go into more detail later, but for now I will say that this Bill has wide-ranging powers to sanction people for human rights abuse. On open registers, we share my right hon. Friend’s view on wanting to bear down on illicit money flows; as he said, the registers are open to instant access by regulatory authorities, but I quite understand his view that such action alone does not suffice.

I have a small point to make to my hon. Friend the Member for Huntingdon (Mr Djanogly), who asked if we could publish the anti-corruption strategy; we did so in December of last year. The hon. Member for Brighton, Kemptown (Lloyd Russell-Moyle) asked why nobody has been prosecuted for export control offences; in fact, there have been 23 not just prosecutions, but convictions, for export control offences in the 10 years from 2006 to 2016, and a number of these prosecutions relate to exports to countries covered by UN and EU sanctions regimes.

This being a Second Reading debate, I want to dwell on a few key principles contained in the legislation, as I have no doubt that we will discuss the closer detail further in Committee. The first such issue is that of delegated powers. They are rightly coming under scrutiny in this place today. However, it is important to recognise that Ministers implement sanctions and anti-money laundering regulations by using delegated powers now, through secondary legislation under the European Communities Act 1972, and this Bill will not change that approach. In fact, in the future Parliament will have greater oversight of sanctions than it currently does, with votes needed in both Houses when the UK acts outside the requirements of the UN, and given the need to respond quickly to global events, the Government believe that regulations remain the best mechanism for implementing and amending sanctions and anti-money laundering regimes.

There is, however, the question of creating criminal offences, as referred to by the hon. Member for Glasgow Central (Alison Thewliss), and I am confident this will be addressed before Report. We have listened to these concerns and we are working on a solution that we hope will be accepted by those who expressed them in another place. Indeed, Lord Judge, whom we have been talking to, and his colleagues did not disagree that breaches of sanctions should be criminal offences, and we will introduce amendments to fix this and address their concerns in due course.

On procedure, we believe we have the right balance of affirmative and negative resolutions. Regulations that implement UN regimes will be made under the negative procedure; regulations that do not implement UN sanctions regimes will be made under the made-affirmative procedure.

The hon. Member for Glasgow Central talked about the ability to amend devolved legislation as being “monstrous”. I think she slightly misunderstands the process here. Sanctions are a matter of foreign policy.

[Helen Goodman]

On negative and affirmative resolutions, the Minister is choosing to draw a distinction based on the origin of the sanctions—whether they are from the UN or the EU—but would there not be a greater logic in drawing a distinction between individual sanctions on people, which obviously have to be done quickly, and the rules of the game for the regimes, where the House would be reasonable in seeking to be consulted before they are introduced?

[Sir Alan Duncan]

The reason that we have made this distinction in terms of procedure is that we are obliged in law to implement UN sanctions. Once the sanctions have been agreed at the UN Security Council, the UK has an obligation to implement them under the UN charter. Not to do so would leave the UK in breach of international law—hence the distinction in the procedure that we are using.

Returning to what the hon. Member for Glasgow Central described as “monstrous”, I say again that sanctions are a matter of foreign policy and so are reserved to this Parliament.

[Alison Thewliss]

Will the Minister give way?

[Sir Alan Duncan]

No. We consulted the devolved Administrations—that answers a question that the hon. Lady asked—and they did not disagree with us. The ability to make changes to devolved legislation that can be used only to make changes required as a result of sanctions does not injure the devolution settlement. Their primary purpose is for a reserved matter.

Let me move on to the issue of Magnitsky. I recognise the concerns expressed about the importance of taking a stand against individuals responsible for committing gross abuses of human rights. We recognise and indeed share those concerns. I would like to make it clear that this Government are committed to promoting and strengthening universal human rights, and this Bill will permit us to do so. We already have a range of powers to take action against those who commit gross human rights abuses, most recently through the Proceeds of Crime Act 2002, as amended by the Criminal Finances Act 2017. The Home Secretary also has the power to exclude individuals whose presence we believe to be contrary to the public good, and we keep track of potentially dangerous individuals to prevent them from entering the UK. To complement this, we also have a range of domestic asset-freezing powers.

We are already committed to using sanctions in this area. This is demonstrated by the number of countries against whom we use human rights-related sanctions. They include the Democratic Republic of the Congo, Iran, Libya, Mali, South Sudan, Venezuela and Zimbabwe. The Bill will rightly continue this, allowing the UK to continue to implement existing sanctions regimes and to impose new sanctions in the future. I reiterate my point that paragraphs (f) and (h) of clause 1(2) will empower the Government to implement sanctions on human rights grounds. These are broad powers that will provide maximum flexibility and allow us to include all sorts of abuses, including but not only gross human rights abuses.

I should like to refer to the comments made by my right hon. Friend the Member for Sutton Coldfield about humanitarian access and freedoms. This is an important point. The Government recognise the concerns expressed in the House about the humanitarian impact of sanctions, and we understand the need for engagement with non-governmental organisations and other humanitarian actors. We fully support the work of NGOs operating in difficult areas, and we recognise that they are important partners in delivering the UK’s objectives in challenging environments. I want to reassure the House that the Government have been actively engaging with NGOs. As part of the consultation for the Bill, we held a roundtable to understand their concerns. Within the past couple of months, we have also met organisations involved in humanitarian, development and peace-building work.

The Bill provides a number of tools that will enable the Government to tailor each regime to help to meet the needs of NGOs. In particular, it will enable the Government to make exemptions for humanitarian reasons and to issue licences for legitimate activity. EU case law currently limits our ability to issue general licences, but the Bill will provide greater flexibility by allowing us to do so in circumstances where Ministers judge it appropriate. It will also help to prevent the exploitation of NGOs by those seeking to circumvent sanctions. We have committed to remain engaged with the humanitarian sector and to provide it with high-quality guidance on the implementation and enforcement of individual regimes. We will continue to work with NGOs and other stakeholders to develop the best possible system.

Beneficial ownership has been at the heart of tonight’s debate. We will no doubt discuss it in Committee and perhaps on Report. It is important to recognise that the UK is the only member of the G20 with a public register of company beneficial ownership. We welcome the fact that the EU is catching up with us, but, when it does, public registers of beneficial ownership will still not be a global standard. The non-EU members of the G20 will still not have them.

We hope to work with the Financial Action Task Force and other partners to establish registers of beneficial ownership as a global standard, the effect of which will be not to allow companies or people simply to shift from one regime to another and hide their assets somewhere else. In the meantime, we should remember that the overseas territories are well ahead of most jurisdictions, including many G20 partners, in developing private registers.

In the exchange of notes in 2016, the overseas territories with significant financial centres each committed to holding central or equivalent registers of company beneficial ownership and to making information held on those registers available to UK law enforcement and tax authorities. Those arrangements are almost complete, with some of the territories understandably slightly delayed by last year’s devastating hurricanes.

Moreover, the overseas territories are separate jurisdictions with their own democratically elected Governments. The UK respects the constitutional relationship with the overseas territories and Crown dependencies. It is entirely right to work consensually with them, rather than to impose legislation. The UK has only legislated directly without the overseas territories’ consent in the most exceptional of circumstances, such as on capital punishment.

We do not generally legislate for the overseas territories, and to do so would have the effect of overruling their own legislatures and could be interpreted as disenfranchising the citizens who voted for them. The overseas territories have taken great steps forward in this area, further indeed than many other jurisdictions, and I urge the House to appreciate the importance of not jeopardising what has been agreed with them.

Until we leave the European Union, the United Kingdom will continue to exercise all the rights and obligations of membership, including with respect to common foreign and security policy, sanctions and anti-money laundering. After we leave, this Government intend to continue working closely with our European neighbours to ensure our collective peace and security. Sanctions and anti-money laundering regulations will continue to be a powerful tool in that effort.

Through this Bill, the Government intend to ensure that these important foreign policy instruments continue to be fully available for the United Kingdom to use wherever it is deemed appropriate so to do. I commend the Bill to the House.

Question put and agreed to.

Bill accordingly read a Second time.

Sanctions and Anti-money Laundering Bill [Lords] (Programme)

Motion made, and Question put forthwith (Standing Order No. 83A(7)),

That the following provisions shall apply to the Sanctions and Anti-Money Laundering Bill [Lords]:

Committal

1. The Bill shall be committed to a Public Bill Committee.

Proceedings in Public Bill Committee

2. Proceedings in the Public Bill Committee shall (so far as not previously concluded) be brought to a conclusion on Tuesday 6 March.

3. The Public Bill Committee shall have leave to sit twice on the first day on which it meets.

Proceedings on Consideration and up to and including Third Reading

4. Proceedings on Consideration and any proceedings in legislative grand committee shall (so far as not previously concluded) be brought to a conclusion one hour before the moment of interruption on the day on which proceedings on Consideration are commenced.

5. Proceedings on Third Reading shall (so far as not previously concluded) be brought to a conclusion at the moment of interruption on that day.

6. Standing Order No. 83B (Programming committees) shall not apply to proceedings on Consideration and up to and including Third Reading.

Other proceedings

7. Any other proceedings on the Bill may be programmed.—(Chris Heaton-Harris.)

Question agreed to.

Sanctions and Anti-money Laundering Bill [Lords] (Money)

Queen’s recommendation signified.

Motion made, and Question put forthwith (Standing Order No. 52(1)(a)),

That, for the purposes of any Act resulting from the Sanctions and Anti-Money Laundering Bill [Lords], it is expedient to authorise the payment out of money provided by Parliament of:

(a) any expenditure incurred under or by virtue of the Act by the Secretary of State or the Treasury; and

(b) any increase attributable to the Act in the sums payable under any other Act out of money so provided.—(Chris Heaton-Harris.)

Question agreed to.

SANCTIONS AND ANTI-MONEY LAUNDERING BILL [LORDS] (WAYS AND MEANS)

Motion made, and Question put forthwith (Standing Order No. 52(1)(a)),

That, for the purposes of any Act resulting from the Sanctions and Anti-Money Laundering Bill [Lords], it is expedient to authorise:

(1) the imposition, by regulations under the Act, of charges by persons exercising functions under the regulations in connection with the detection, investigation or prevention of money laundering or terrorist financing or the combating of threats to the integrity of the international financial system; and

(2) the payment of sums into the Consolidated Fund.—(Chris Heaton-Harris.)

Question agreed to.

Foreign Affairs Council: 22 January 2018

Alan Duncan Excerpts

Monday 5th February 2018 Written Statements

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

I attended the Foreign Affairs Council on 22 January. The Council was chaired by the High Representative of the European Union for Foreign Affairs and Security Policy (HRVP), Federica Mogherini. The meeting was held in Brussels.

Foreign Affairs Council

EU Ministers discussed the Cotonou agreement, Libya and the Middle East peace process. In her introductory remarks the HRVP spoke about her recent visit to Cuba, as well as Syria and Iran. Member states raised DRC, Tunisia, the organisation for security and co-operation in Europe and the Council of Europe.

Cotonou agreement

Ministers held an initial exchange about a future agreement between the European Union and the African, Caribbean and Pacific group of countries (ACP); the current Cotonou agreement is due to expire on 29 February 2020. Ministers expressed their broad support for the Commission’s approach to move towards an umbrella agreement at ACP level combined with three regional tailored partnerships for Africa, the Caribbean and the Pacific. Ministers underlined the importance of building on the experience gained through co-operation under the existing Cotonou agreement, in particular on political dialogue and on migration. Discussions on the negotiating mandate will continue within relevant Council preparatory bodies, with a view to adopting a decision authorising the opening of negotiations and the negotiating directives within the first semester of 2018.

Libya

Ministers discussed the current situation in Libya. The UN Secretary General’s Special Representative, Ghassam Salame (SRSG), who joined by video conference for part of the session, gave an overview of the state of play of the political process, including progress towards the adoption of a new constitution and the forthcoming elections. He received the full support of Ministers in his efforts to bring about unity and reconciliation in the country. Ministers discussed the importance of EU engagement in Libya as a way of supporting the UN in its efforts to bring about political stability, as well as those UN agencies working to address the situation of migrants in Libya. Ministers also highlighted the importance of continuing to work with countries of origin, in particular in the Sahel region.

I intervened to underline the UK’s support for the SRSG, including his efforts to tackle modern slavery and people trafficking. I also emphasised the need for proper technical, legal, and political preparations in advance of any elections.

Middle East peace process

Ministers discussed the latest developments in the Middle East peace process and looked at how the EU could help to ensure engagement by all the relevant players in order to advance the peace process.

In the margins of the Council meeting, Ministers held an informal lunch with the President of the Palestinian Authority, Mahmoud Abbas. This was an opportunity for the European Union to reiterate its united and clear messages on the importance of preserving a two-state solution and the status of Jerusalem as the future capital of two states.

Also in the margins, the President of the European Investment Bank (EIB) briefed Ministers on the proposal for an EIB subsidiary to focus on development outside Europe. There will be further discussion among Development Ministers next month.

Ministers agreed a number of measures without discussion:

The Council adopted conclusions on Zimbabwe;

The Council adopted conclusions on sanctions on Venezuela;

The Council adopted conclusions on sanctions on North Korea;

The Council adopted conclusions on the integrated approach to external conflict and crises; The Council adopted EU priorities for co-operation with the Council of Europe;

The Council approved upgraded generic standards of behaviour for common security and defence policy (CSDP) missions and operations;

The Council agreed exercise specifications for the EU crisis management military exercises in 2018 (MILEX 18);

The Council adopted a decision on the promotion of effective arms export controls;

The Council authorised Europol to release to third countries and third parties, the operational action plans which are part of the EU policy cycle for organised and serious international crime (Justice and Home Affairs);

The Council adopted a decision on the position to be taken on behalf of the EU within the EU-Ukraine Association Council and within the trade committee configuration (Trade);

The Council agreed to withdraw its appeals against six judgments by the European Court of Justice related to imports of biodiesel originating from Argentina and Indonesia (Trade);

The Council decided to publish the mandate given to the Commission on 13 November 2017 to modernise the existing association agreement with Chile (Trade);

The Council authorised the EU Railway agency to open negotiations on the participation of Switzerland (Transport);

The Council adopted a decision on an aviation agreement with Morocco (Transport);

The Council decided not to object to Commission regulation on the use of bisphenol A in varnishes and coatings (Health);

The Council appointed members of the Court of Auditors.

[HCWS448]

Same-sex Marriage: Bermuda

Alan Duncan Excerpts

Monday 29th January 2018 Commons Chamber

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

May I start by personally welcoming you back to the Chair, Mr Deputy Speaker, after a difficult period over Christmas. We offer the congratulations of the House on your knighthood.

I am very grateful to the hon. Member for Rhondda (Chris Bryant) for securing this debate. I appreciate that he raised this issue in business questions on 11 January, and I am delighted to have the opportunity to discuss it now at greater length.

The United Nations declaration of human rights makes it clear that human rights and freedoms are “interrelated, interdependent and indivisible”. They are the guarantors of freedom, non-discrimination and the innate dignity of every human being. They apply equally to all humankind. When lesbian, gay, bisexual and transgender people demand their rights, they are not asking for anything unique to them; they are simply asking to be accorded the same rights, dignity and respect that really should be given to everybody as a citizen in the world.

This Government are committed to promoting and protecting the rights of LGBT people, not only because it is the right and just thing to do, but because we believe that the strongest, safest and most prosperous societies are those that are the most open and inclusive. They are societies in which all citizens can live freely without fear of discrimination and can play a full and active part in national life.

Last year marked 50 years since the partial decriminalisation of homosexuality in England and Wales. Since then, the hon. Gentleman and I have shared and championed this cause over many years, from the equalisation of the age of consent through to the introduction of civil partnerships—from which both of us have benefited—to the introduction of the Gender Recognition Act 2004, and the recognition, here at least, of gay marriage. In our lifetimes and, indeed, in our parliamentary lifetime, attitudes to homosexuality have been transformed, barriers to opportunity have been broken down, and this country now has one of the strongest legislative frameworks in the world for preventing and tackling discrimination.

This Government, like the Government who preceded us, are committed to promoting LGBT equality globally through projects, partnerships and persuasion. Today, we are spending more than £1.5 million over three years through the Magna Carta fund to promote and protect the rights of LGBT people where they are under threat. We are working with like-minded countries to promote our expertise through international organisations and through bodies such as the Equal Rights Coalition. Where we find discrimination, we work publicly and privately with Governments and civil society to change attitudes and improve legal protection.

However, it is important to recognise that, even in our own society, the transformation in attitudes did not happen overnight. Indeed, our Marriage (Same Sex Couples) Act 2013 passed into law four only years ago. This knowledge influences how we handle progress in other countries. It is not reasonable to expect or demand sudden change in other countries when it took so long to happen in our own. We must also recognise that this kind of change of attitude cannot be imposed from the outside. It must emerge from within as old prejudices are exposed, argued against and set aside.

We can of course help to encourage change, but in doing so we must be aware of the local situation and be respectful of individual democracies. This is also the case in relation to our overseas territories. The British overseas territories are separate, self-governing jurisdictions with their own democratically elected representatives. I am pleased—as, I am sure, is the hon. Gentleman—that the British Antarctic Territory, the British Indian Ocean Territory, the Falkland Islands, Gibraltar, the Pitcairn Islands, St Helena, Ascension, Tristan da Cunha, and South Georgia and the South Sandwich Islands have all taken steps to recognise and legally authorise same-sex marriage.

In places where that progress has not been mirrored, we believe our best approach is to encourage, persuade and, if necessary, cajole through engagement with both Governments and civil society. Our relationships with the territories are best served if they are based on partnership and consensus. That is why this Government have no plans to impose same-sex marriage in the overseas territories. However, Ministers have been clear with overseas territory Governments that they must respect applicable international obligations.

In Bermuda, public opinion on same-sex marriage and civil unions is split. Bermuda’s non-binding referendum in 2016 on this very issue failed to attract the 50% turnout required by legislation to answer the question definitively. The majority of those who did respond were actually opposed to both same-sex marriage and civil unions; 69% opposed same-sex marriage and 63% opposed civil unions. In May last year, the Bermuda Supreme Court found that the established definition of marriage, as only being between a man and a woman, was inconsistent with Bermuda’s Human Rights Act 1981. The court therefore declared that same-sex couples should also be entitled to be married. As a result, the first same-sex marriage in Bermuda took place that same month.

Following Bermuda’s election last year, the governing party introduced the Domestic Partnership Bill. This would withdraw the entitlement for same-sex couples to marry and replace it with a provision for domestic partnerships for all couples, regardless of gender. The intent of the Bill is to provide those who are described in Bermuda’s law as “domestic partners” with the same benefits as married couples, including provision for pensions, inheritance, healthcare, tax, and immigration. We are obviously disappointed about the removal of same-sex marriage rights, but any intervention in the legislative process in any British overseas territory without its consent would be an exceptional step. Therefore, the Secretary of State is considering the implications of the Bill very carefully.

There are three important points that I urge the House and the hon. Gentleman to bear in mind. First, if the Bill receives assent, it ensures that Bermudians who have been legally married in Bermuda since the Supreme Court decision will retain their married status and enjoy the same legal rights as those in domestic partnerships, putting this on a clear statutory footing.

[Chris Bryant]

I am aware of that fact; indeed, I referred to it in my own comments. However, the problem is this. Just imagine living in a society where at one point to be same-sex married was allowed and the marriage was allowed to stand but nobody else’s in society was allowed to do so. That is a pretty effective way of demeaning that relationship and that marriage contract. I see why it has been done, but I do not think it is a saving grace.

[Sir Alan Duncan]

There is no doubt, in terms of the hon. Gentleman’s argument, that that does create a slightly unusual anomaly for what I understand to be eight couples. In that sense, he has a point. Whether it is demeaning depends on how one regards the alternative that is being offered.

The second point is that the European Court of Human Rights has consistently held that there is not yet a right to same-sex marriage, but there is a requirement to provide some legal recognition of same-sex relationships.

The final point worth bearing in mind is that less than a year ago same-sex couples had no legal recognition at all under Bermudian law. Now they have the equivalent of recognition through civil partnership, if the Domestic Partnership Bill goes through. While I would not wish to do anything but express regret over the backward step following the Supreme Court ruling, we should acknowledge that the Bill does represent progress by comparison with the situation just a year ago and does extend—albeit a step short of marriage—equal rights and recognition to a legal partnership between same-sex couples.

[Sandy Martin (Ipswich) (Lab)]

Does the Minister not accept that the UK itself is open to international judgment as a result of the policies of its overseas territories, and that given that Britain has a Governor in Bermuda and retains responsibility to ensure good government, we should use our powers and influence to secure human rights, which involve equal treatment—indeed, equal treatment for LGBT people as well as everyone else?

[Sir Alan Duncan]

I do not accept the hon. Gentleman’s interpretation of our liability in the sense that he has expressed it. As I explained, the human rights legislation, as we understand it, does not involve, as he would have it, the right to recognition in quite the terms that he suggests. There will be, if the law goes through, civil partnership, which is what we had just a few years ago. It is a law that extends rights that the mere recognition of marriage did not extend in terms of pensions, inheritance, tax, and other such equalities. The Government are giving careful consideration to Bermuda’s Domestic Partnership Bill to assess its implications in relation to our collective international obligations and our constitutional relationship with Bermuda. I will update the House when the Government have had time to finalise their position on that.

[Nick Herbert (Arundel and South Downs) (Con)]

Before my right hon. Friend finishes, will he say what his assessment is of the likelihood that the Supreme Court in Bermuda will revisit this position? As he has suggested, a very anomalous position is being created between the rights of some gay couples who were married under the existing provision and those who will not be allowed to do so in future. Did not the Supreme Court itself say that this historic and insular perspective on marriage was

“out of step with the reality of Bermuda in the 21st century”?

[Sir Alan Duncan]

I am not in a position to know what the Supreme Court is likely to be asked to do or will do. All we know at the moment is what lies on the table—the passage of the Bill.

I will end by reiterating this Government’s absolute commitment to promoting equal rights and fighting discrimination across the globe. We are fully committed to striving for a safer, fairer, more tolerant world where everyone has the opportunity to achieve their potential and live the life they choose.

Question put and agreed to.

Foreign Affairs Council: 22 January

Alan Duncan Excerpts

Thursday 18th January 2018 Written Statements

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

I will attend the Foreign Affairs Council on 22 January. The Foreign Affairs Council will be chaired by the High Representative of the European Union (EU) for Foreign Affairs and Security Policy (HRVP), Federica Mogherini. The meeting will be held in Brussels.

The agenda for the Foreign Affairs Council (FAC) is expected to include a breakfast with the president of the European Investment Bank as well as discussions on the post-Cotonou agreement, Libya and the middle east peace process (MEPP). There will be a lunch with the President of the Palestinian National Authority (PA), Mahmoud Abbas.

The HRVP is expected to cover Iran, conclusions on Iraq, Zimbabwe, the integrated approach of the EU global strategy and EU priorities at the Council of Europe in her introductory remarks.

Post-Cotonou

Ministers will discuss developments in the negotiations on a post-2020 agreement with the Africa, Caribbean and Pacific countries (ACP) which will replace the current Cotonou agreement.

Libya

The EUVP will debrief on the outcomes from the European Union-African Union-United Nations (EU-AU-UN) taskforce meeting that took place on 14 December and outline the next steps. A substantial discussion on Libya will follow covering politics, migration, counter-terrorism and common security and defence policy. Ministers will discuss the latest political developments, including obstacles in the peace process, perhaps with particular reference to the challenges facing the UN Special Representative Ghassan Salame.

We will be encouraging EU members to continue supporting the UN-led process and will continue to offer our support to the EU-AU-UN taskforce.

MEPP

Ministers will host Palestinian President Abbas for a lunch and discuss prospects for the MEPP, including longstanding EU support for a negotiated two-state solution and EU support for Palestinian reconciliation.

Council conclusions

The FAC is expected to adopt conclusions on Iraq, Zimbabwe and the integrated approach of the EU global strategy.

[HCWS408]

Foreign Affairs Council: 11 December 2017

Alan Duncan Excerpts

Tuesday 16th January 2018 Written Statements

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

I attended the Foreign Affairs Council on 11 December, which was followed by a FAC (Development). The Council was chaired by the High Representative of the European Union for Foreign Affairs and Security Policy (HRVP), Federica Mogherini. The meeting was held in Brussels.

Ministers met the Prime Minister of Israel, Benjamin Netanyahu, in the margins of the Council. The meeting was an opportunity for the European Union to reiterate its united and clear messages on the status of Jerusalem as future capital of two states, the importance of preserving a two-state solution and, on regional issues, the need to continue implementing the JCPOA (Iran nuclear deal).

Foreign Affairs Council

EU Foreign Ministers discussed the middle east, the Democratic Republic of the Congo (DRC), G5 Sahel force and jointly, with Development Ministers, EU-Africa relations. Development Ministers discussed aid for trade.

The HRVP, in her introductory comments, also spoke about permanent structured co-operation (PESCO), Libya, her visit to Burma and Bangladesh and the Eastern Partnership Summit. I spoke about the historic opportunity in Zimbabwe and the need for the right policy mix to respond to developments there.

Middle east

The Council held discussions on the latest developments in the wider middle east. I set out the UK position on Jerusalem, settlements, final status and the two-state solution. Member states agreed to continue to respect the international consensus on Jerusalem including on the location of their diplomatic representations until the final status of Jerusalem is resolved. Ministers considered how the EU could limit escalation and preserve stability in the region, as well as consolidate progress in countries such as Lebanon.

Ministers expressed their concern at the serious deterioration of the situation in Yemen, which was witnessing the onset of a grave humanitarian catastrophe. They agreed to continue working to re-invigorate UN-led efforts towards a political solution to the conflict in Yemen in line with the relevant UN Security Council resolutions.

Ministers recalled the continued EU support for the efforts of UN Special Envoy de Mistura in Syria.

Ministers underlined the importance of continuing and strengthening the EU’s engagement on Iraq. The HRVP and the Commission are expected to present a proposal for a new strategy in January 2018.

Sahel

Ministers representing the Sahel countries set out their security and humanitarian needs. EU Ministers agreed that more needed to be done given the shared interests in the region.

EU-Africa relations

In a joint session with Foreign and Development Ministers, Ministers underlined the importance of the EU-Africa summit and the need to continue working with African partners in an inclusive way.

Development—aid for trade

The Council discussed the updated strategy on aid for trade which aims to improve the integration of developing countries into the international trading system and to enable trade and investment to contribute to reducing poverty.

Ministers agreed a number of measures without discussion:

The Council adopted a decision establishing permanent structured co-operation (PESCO);

The Council adopted conclusions on DRC;

The Council adopted conclusions on Thailand;

The Council extended sanctions against the DRC

The Council agreed rules of procedure for the joint committee established by the co-operation agreement on partnership and development between the European Union and Afghanistan;

The Council adopted a decision to support the global reporting mechanism on illicit small arms and light weapons and other illicit conventional weapons and ammunition to reduce the risk of their illicit trade (“iTrace III”);

The Council took note of the 19th annual report on EU exports of military technology and equipment;

The Council decided to provide support to the African, Asia-Pacific and Latin America and Caribbean regions to participate in the high-level fissile material—such as highly enriched uranium or plutonium—cut-off treaty expert preparatory group consultative process;

The Council approved a draft EU-China statement on climate change and clean energy;

The Council adopted conclusions on the European Court of Auditors’ special report on the Bekou EU trust fund;

The Council adopted conclusions on the 2016 report on the gender action plan II.

[HCWS403]

Hamed bin Haydara

Alan Duncan Excerpts

Thursday 11th January 2018 Commons Chamber

[Bob Blackman (Harrow East) (Con)]

(Urgent Question): To ask the Secretary of State for Foreign and Commonwealth Affairs if he will make a statement on the death sentence verdict made against Hamed bin Haydara, a Yemeni Bahá’í, in Sana’a on 2 January this year.

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

We are very concerned that the Bahá’ís are being persecuted for their religious beliefs in Yemen, particularly in areas controlled by the Houthis and forces aligned to the late former President Saleh. We strongly condemn this mistreatment and continue to work closely with our partners, including the European Union, to raise the issue directly with the de facto authorities.

We are aware of Mr bin Haydara’s death sentence and have sought to raise the profile of his situation through public diplomacy. The immediate release of all Bahá’ís in Yemen imprisoned for their religious beliefs was a key demand in the September United Nations Human Rights Council resolution, which we supported. We will work closely with all partners to ensure its full implementation.

[Bob Blackman]

I thank my right hon. Friend for his answer and you, Mr Speaker, for granting this urgent question. Members right across the House have concerns about the denial of freedom of religion and belief for people of all faiths and none. The threat to execute Hamed bin Haydara constitutes a grave risk to the life of an innocent man—a father of three—and would accelerate the climate of persecution against the wider Bahá’í community in Yemen as a whole.

Mr bin Haydara was arrested in December 2013 and has been subjected to torture, beating and electrocution. He has been forced to sign confessions under duress. More than half of the nearly 40 court hearings on his case have been cancelled, raising serious questions about whether there has been any due process. He has been denied treatment for medical conditions that came about as a direct result of the torture inflicted on him. He was not even permitted to be present at the court hearing when he was sentenced to death.

I have a series of questions for my right hon. Friend to answer, if he can. Have the UK Government any further lines of communication for making representations to the Houthi authorities, who hold the power in Sana’a? I am advised that the Minister for the Middle East, my right hon. Friend the Member for North East Bedfordshire (Alistair Burt), is taking up the case and is in Geneva today. What pressure will he be able to apply at the UN on the Houthis and their backers to persuade them to release this innocent man? How much is known about the situation of other Bahá’ís imprisoned in Sana’a? They are reported to be Keyvan Ghaderi, Walid Ayyash, Mahmood Humaid, Wael al-Arieghie, Badiullah Sana’i and Akram Ayyash. They have all been detained recently and are under threat.

Will the Minister also say what measures can be taken in respect of reports that senior figures in the national security office and the prosecutor’s office are receiving instructions from Iran to persecute the Bahá’í community? The UN special rapporteur on freedom of religion and belief has observed

“the persistent pattern of persecution of the Bahá’í community”.

If the Minister can answer those questions, the whole House will be deeply grateful.

[Sir Alan Duncan]

First, I express my gratitude to my hon. Friend for raising this subject. It is always proper for matters of individual justice of this sort to be raised in the House. Opposing the persecution of religious minorities is a very high priority for the Foreign Office and our diplomatic efforts as we enter this year.

The Bahá’í faith has been persecuted for the best part of one and a half centuries; the situation described by my hon. Friend is, sadly, a further example of that phenomenon. Although Mr bin Haydara is neither a British national nor an employee of any organisation related to Her Majesty’s Government, that does not in any way diminish our indignation at what is happening and our wish to try to defend his interests and see him released. To that end, we are, of course, also in close contact with the Bahá’í community in London about this case and the wider situation of Bahá’ís in Yemen.

My hon. Friend asked a number of questions that are very difficult to answer in the context of Yemen, which is essentially a failing state. Mr bin Haydara is held not by the official Government but by the Houthis, who are deemed to be the insurgent force in Yemen and are essential to any successful political outcome the likes of which we are trying to pursue. Getting further lines in to the Houthis on a particular case such as this is therefore extremely difficult—it is difficult, of course, to engage them even in the main thrust of the political solution we would like to see in Yemen. To that end, as my hon. Friend says, my right hon. Friend the Minister for the Middle East is in Geneva today helping to corral the collective effort that we hope can increase and optimise our influence in this case and on the future of Yemen itself.

We estimate that there are about 2,000 Bahá’ís in Yemen, and to identify the fate of any individual within that large number is very difficult. We do not have direct diplomatic representation in Sana’a or the sort of detailed engagement with the Houthis that would be necessary to address such issues. It is undeniable that Iranian influence has been drawn into Yemen more than was the case five years ago, when the Gulf Co-operation Council initiative sought a replacement for then President Ali Abdullah Saleh. The current President, President Hadi, has, I am afraid, very little influence over such cases. I very much hope, therefore, that the Iranians will use their efforts to go for justice rather than the persecution of people such as Mr bin Haydara.

[Mr Khalid Mahmood (Birmingham, Perry Barr) (Lab)]

Thank you, Mr Speaker, for granting this urgent question. I congratulate the hon. Member for Harrow East (Bob Blackman) on securing it. As he explained, the facts in this case are clear: Mr Haydara was arrested in southern Yemen in December 2013 and has suffered torture since; his family and lawyers have not been allowed to see him during that time; and he has been forced to sign a 19-page confession while wearing a blindfold, on the basis of which he was charged with spreading the Bahá’í faith in Yemen. All of these events took place under the Government of President Hadi, not the Houthi rebels who took power in early 2015, but it is the Houthis who have held Mr Haydara since then and it is their courts that have now sentenced him to death, so responsibility for this case clearly lies with the Houthis and their supporters in the Iranian regime—we all know the terrible history of Bahá’í persecution in Iran.

As well as Mr Haydara, five other Bahá’ís are in detention, awaiting trial for no crime other than their religion. We in this House all agree that they must be freed and that Mr Haydara’s death sentence must be quashed. Will the Minister use his influence with the Iranians, who are the ones with influence at the moment, in dealing with the Houthis? He needs to apply as much pressure as he can, because this sentence could be carried out very quickly, so a life is at stake. The Iranians are the key players here. Will he guarantee that he will raise these cases when it becomes possible to renew talks on a political settlement in Yemen? Finally, will he request assurances from the Saudi Government that if President Hadi is restored to power in Yemen, he will cease persecution of the Bahá’í faith?

[Sir Alan Duncan]

The hon. Gentleman’s perfectly fair questions illustrate the deep complexities of Yemen at the moment. Unfortunately, we cannot just deal with the legitimate Government in the way we might expect to do with other countries. This is a failing state, with the legitimate President, President Hadi, wielding far less power than one would wish and the Houthis wielding far more power than one would wish. Relations on this sort of consular case—if I can describe it as such—are very difficult and our ability to have the influence we would like is far less than we would like.

The Houthis are Zaidis, not classic Iranian Shi’ites, so they have an affinity with Iran, but it is wrong to say that they take all their orders from it and are its straightforward puppets. The history of Yemen suggests that the position of the Houthis is rather more complex than that. There is an undoubted affinity, however, and one that has grown over the past two or three years. Because of that, we will of course use all our diplomatic efforts to put pressure on the Iranians to understand that there is deep concern in this House and more widely across the world about the way in which Mr Haydara and others are being treated.

I absolutely assure the House that my right hon. Friend the Foreign Secretary, in his dealings with the Iranians, which have increased over the past couple of months, will not fail to raise this issue and the broader issue of religious freedom on any occasion.

[Tom Tugendhat (Tonbridge and Malling) (Con)]

I thank the Minister for his comments and for speaking very gently and wisely about a matter that is actually very complex. I pay tribute to Her Majesty’s ambassador to Sana’a, Simon Shercliff, who of course is not in Sana’a. He has done an awful lot of work on the Yemen problem, yet through no fault of his own appears to be getting not very much further. I also pay tribute to the Minister for the Middle East, who likewise is doing a lot.

I associate myself with the words of the hon. Member for Birmingham, Perry Barr (Mr Mahmood) on the influence of Iran in the region. Does the Minister agree that the rise of religiosity among the Houthis is an extremely worrying sign and something that has arisen only in the last few years? Although there have been many tribal issues in Yemen, the rise of factionalism on religious grounds is a new thing in Yemeni history.

[Sir Alan Duncan]

I totally agree with my hon. Friend. I know that as Chair of the Foreign Affairs Committee, he will investigate the matter deeply with his Committee. He is right that one of the distressing elements of what has unfolded in Yemen over the past five years is that what was really a tribal conflict has converted into more of a sectarian conflict. That contains the danger of further escalation into a deeper proxy conflict. That is exactly the kind of rising tension and complex structure that, through our diplomatic efforts, we want to reduce and de-escalate so that we get to the point where there can be proper and realistic political discussions in that complex, tribal country to bring stability and, crucially, to overcome the massive famine, disease and rising infant mortality that are probably the worst aspect—although a deeply hidden aspect—of what is going on in Yemen.

[Alison Thewliss (Glasgow Central) (SNP)]

I pay tribute to the hon. Member for Harrow East (Bob Blackman) for bringing this issue to the House and to the Bahá’í community in the UK for raising it with me this week. As has been mentioned, the Bahá’í community in Yemen is small, but has faced disproportionate persecution by the Houthis, backed by Iran, which has included mass arrests, arbitrary detention, harassment and apparently now shutting down all the Bahá’í centres across the portion of Yemen controlled by the Houthis.

The sentencing to death of 52-year-old Hamed bin Haydara is an extremely worrying development, as he has been in detention since 2013. I imagine that others who are in detention at the moment will be extremely distressed at their prospects, given this development.

Noting the context of the wider discussion of the dire situation in Yemen, will the Minister tell the House what discussions he has been able to have with his counterparts in Iran, who are alleged to be driving this religious persecution? The Bahá’í community allege that it follows a similar pattern to the persecution of Bahá’ís that has gone on in Iran.

In the wider context of countries that choose to continue using the death penalty, what is the Foreign and Commonwealth Office doing to update its strategy on the abolition of the death penalty? What communications could the Minister have with President Hadi, who is in exile but still has a position of influence?

[Sir Alan Duncan]

I assure the hon. Lady that the abolition of the death penalty is embedded in all our diplomatic and Department for International Development policies. Wherever we go, in any country, that is our policy and we do our best to argue for it wherever possible.

I have been going to Yemen for over 30 years. I have met President Hadi on about 10 occasions and I met Saleh on about 20. This is a complex country with a vicious history full of conflict and tribal division. My right hon. Friend the Minister for the Middle East, who, as I said, is in Geneva, has been brilliant in trying to gather the maximum possible public international and diplomatic pressure not only on this specific case, but for a broader settlement in Yemen. I can tell from my conversations with my right hon. Friend the Foreign Secretary on this matter that he is personally very ambitious to do his utmost to use British influence. British influence in Yemen is perhaps greater than many of us in this House realise. The voice of the UK still does matter. We want, as a priority in the Foreign Office, and indeed in No. 10, to do everything we can to use that historical influence to try to bring an end to this disastrous period of Yemeni conflict, famine, and history.

[Edward Argar (Charnwood) (Con)]

I associate myself with the remarks of my hon. Friend, and indeed friend, the Member for Harrow East (Bob Blackman) in unreservedly condemning both this death sentence and the persecution of the Bahá’í. Will my right hon. Friend set out the role that he believes the Government of the Sultanate of Oman can play not only in successfully helping with this case but, more broadly, in successfully resolving the situation in Yemen?

[Sir Alan Duncan]

I am very grateful to my hon. Friend for his question. I think he is fast establishing himself as one of the great experts in this House, particularly on Oman and Yemen, and indeed the middle east more widely. The Sultanate of Oman, a great ally of the UK, is of enormous importance in the dynamics of any negotiations that might come forward to resolve the Yemen problem. The country’s history with Yemen matters to it, of course, but it is also next door to Iran. Its enlightenment in trying to be an honest and constructive broker with the Houthis is much appreciated in this country. The Sultanate of Oman is a country to which we attribute enormous value and affection. We look forward to working with it further as an important element in trying to find a solution to this conflict.

[Mr Speaker]

The hon. Member for Charnwood (Edward Argar) is clearly a very wise man indeed. In fact, he would perhaps be called a greybeard if he had one.

[Jim Shannon (Strangford) (DUP)]

I thank the Minister for his statement. The judgment on Hamed Bin Haydara has called for the confiscation of his goods and also direct action against the Bahá’í, motivated very clearly by a desire to repress a peaceful religious minority. I think that some of the information coming through from the oral reports from Yemeni officials would show that Iran has an influence there. Will the Minister share with the House what representations he has had on this case, apart from those this morning? What representations are the Government going to be able to make to urge the Houthi authorities to overturn this judgment? What help can he give to the prisoners in jail who need medical attention?

[Sir Alan Duncan]

We have very little direct contact with the Houthis because of the complicated nature of the Yemeni conflict. However, through all available channels—public and UN pressure, the UN Human Rights Council, collective comments within the middle east through ambassadors, and other forums—we have made every conceivable representation. I can assure the hon. Gentleman that we will continue to do so—perhaps, after this urgent question, even more noisily and robustly than before.

[Chris Davies (Brecon and Radnorshire) (Con)]

Will my right hon. Friend remind the House of what the UK is doing to support the UN political process?

[Sir Alan Duncan]

We have been a full part of the UN process ever since the Arab Spring of 2011 and the GCC initiative that saw the replacement of President Saleh with President Hadi. In 2015 there was the important UN Security Council resolution 2216. As I said earlier, the Human Rights Council resolution of September last year is an important further part of the same UN process, in which we play our full part.

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

Will the Minister use this opportunity to restate the Government’s opposition to the use of torture in any circumstances? Are there any new, concrete initiatives that he expects to come from the international community to try to stop the conflict in Yemen, because that is what has enabled this atrocious decision to be taken?

[Sir Alan Duncan]

It is very nice to have an opportunity to fully agree with the right hon. Gentleman. Certainly we are absolutely resolute in our opposition to torture and degrading treatment in all its forms.

As I said earlier, we really want to start this year doing everything we possibly can to get people talking. We have done so through gathering together the Saudis, the Emiratis, the Omanis and the UN. We will continue to work with them, crucially in trying to find direct contact with people in Yemen who can make a difference—something that the international community is trying to work out following the death of Ali Abdullah Saleh in December last year.

[Craig Tracey (North Warwickshire) (Con)]

I thank the Minister for his response to the urgent question. What are the Government doing to address the humanitarian crisis in Yemen?

[Sir Alan Duncan]

I am familiar with this from the days when I was an International Development Minister, and even then—without such a conflict—Yemen had dire needs. We are deeply concerned by what may be nearly 500,000 cases of cholera, by rising infant mortality and by the fact that almost all the food—certainly all the rice—is imported. To that end, therefore, it has been essential to open the port of Hodeidah, which I am pleased to say has happened since last month. DFID is spending over £200 million in this financial year, but the access to those in need and the delivery of humanitarian aid remains a very complex and difficult problem in such a lawless and disintegrating society.

[Jeremy Lefroy (Stafford) (Con)]

May I thank you, Mr Speaker—as, indeed, I thank my right hon. Friend —for your dedication to religious freedom and human rights? Does my right hon. Friend agree that human rights and religious freedom are absolutely integral parts of our humanitarian and development aid work across the world?

[Sir Alan Duncan]

Yes. If human rights and the rule of law are not upheld, the efficacy of development is severely reduced, so I totally agree with my hon. Friend. That is written in as a principle to all the ways in which DFID goes about its business.

[Stephen Kerr (Stirling) (Con)]

In my experience, one could not find a more gentle and more engaging people than those of the Bahá’í faith, who bear their persecution with great forbearance. What communications has the Minister had with representatives of the Bahá’í faith in this country?

[Sir Alan Duncan]

We are in contact with the Bahá’í community in the UK. As I said earlier, the Bahá’ís are a gentle sect, as it were, of Islam, who fully deserve to be defended whenever this inexplicable persecution takes place. It has been going on since they were founded in the mid-19th century, and I think that their being persecuted from the start and having it persistently thrust on them for more than a century and a half is a miserable aspect of our relatively recent history.

[Mike Wood (Dudley South) (Con)]

I welcome my right hon. Friend’s assurances of opposition to this terrible death penalty. What assessment have the Government made of the effects of the death of Ali Abdullah Saleh on the horrific crisis in Yemen and on the chances of a positive resolution?

[Sir Alan Duncan]

I hope the House will accept that what I am going to say are just my own thoughts, as someone who has taken an interest in Yemen for so long, rather than the official assessment of Her Majesty’s Government, because this is a fairly recent phenomenon. Whereas Ali Abdullah Saleh was working with the Houthis, he turned against them and there was a rather serious battle between the two sides, in which he died. What will now happen to the influence he wielded through the General People’s Congress and his own forces is difficult to assess at this early stage, but I suppose one can say that, at its simplest, it has probably reinforced the power of the Houthis. I hope that, from that position of strength, the Houthis might now be prepared to negotiate directly with Saudi Arabia and other interested parties, so that we can reach a political solution and put an end to this conflict.

[Ross Thomson (Aberdeen South) (Con)]

What role did my right hon. Friend and the Foreign Office play in the reopening of the port of Hodeidah? Its reopening is crucial for access for humanitarian aid and relief for some 7 million Yemenis who are on the brink of famine.

[Sir Alan Duncan]

My hon. Friend is absolutely right. While the ports remained closed, the entire country was essentially under siege and at risk of starvation. The UK Government played a very significant part in working with the Kingdom of Saudi Arabia to try to open the port of Hodeidah. An agreement was reached last month, and I hope that supplies are now flowing in, as they must, and that increasing supplies will flow in to bring much needed sustenance, medicine and help to a country that is in deep peril.

Oral Answers to Questions

Alan Duncan Excerpts

Tuesday 9th January 2018 Commons Chamber

[Faisal Rashid (Warrington South) (Lab)]

5. What recent assessment he has made of the future of bilateral relationships with the EU.

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

As we create our new partnership with the EU, we must also build even stronger bilateral relationships with the 27 member states, and at the same time maintain strong and positive relations with the EU institutions. Considerable effort has been made to ensure that the Foreign Office, and the country, is well placed to do just that.

[Faisal Rashid]

Last month the Foreign Secretary warned that the UK would become “a vassal state” if we could not diverge from EU tariffs and standards, but he also accepted that divergence would have “trading consequences” for the UK. Could he spell out what those consequences would be?

[Sir Alan Duncan]

As we move on to phase 2 of the discussions and negotiations, all these matters will be in the frame. I am sure that we will be able to negotiate an agreement that is in the long-term interests of the UK.

[Tom Tugendhat (Tonbridge and Malling) (Con)]

The Minister has done enormous amounts in reasserting bilateralism across Europe this past year. Can he assure us that the resources that he requires to make sure that we are ready for post-EU membership will not denude the rest of the world, so that we do not rob Peter to pay Paul or build bilaterals at a cost to global Britain?

[Sir Alan Duncan]

My hon. Friend makes a good point. We have created 50 new diplomatic positions in our embassies, but it is not a question of simply reducing the number of staff outside Europe by the same number. The money to fund these changes will come from changing the way we work and adjusting some our processes, and from some frontline staff savings in Asia, the Americas and Africa. We are also bidding for some extra money from the Treasury to help create over 100 additional new roles to support the process of leaving the EU.

[Mr Khalid Mahmood (Birmingham, Perry Barr) (Lab)]

My hon. Friend the Member for Warrington South (Faisal Rashid) asked a clear question but did not get a clear answer, so let me try again. The Secretary of State said that there will be “trading consequences” for the UK if we diverge from the EU tariffs and rules—what are they?

[Sir Alan Duncan]

It is perhaps slightly beyond my pay grade to say that I refer the hon. Gentleman to the answer I gave some moments ago, but indeed I do. These are matters for the Department for Exiting the European Union and for the negotiations. They will be discussed in phase 2 of those negotiations, which is now beginning.

[Mr Philip Hollobone (Kettering) (Con)]

Perhaps the most important bilateral relationship the United Kingdom has with an EU member state is in the location of British immigration controls in France. Will the Minister ensure that post Brexit, we do all we can to maintain this very important relationship?

[Sir Alan Duncan]

My hon. Friend has put his finger on a very important issue. Indeed, that is an essential part of our relations with France that needs to continue smoothly. I have little doubt that it will be discussed to some extent at the UK-France summit that will take place later this month.

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

May I take the opportunity to congratulate the Foreign Secretary on surviving yesterday’s Downing Street dither? It would appear that Toby Young is the only person to have lost his job.

The Foreign Affairs Committee was told that there were to be cuts to the Foreign and Commonwealth Office’s work in Asia, Africa and the Americas, as the Minister mentioned earlier. What impact does he believe that will have on his Department’s ambition for a global Britain?

[Sir Alan Duncan]

I am confident that, with all the combined efforts across Whitehall—in many Departments, including the Department for International Trade—that will not dent our efforts to be champions of global Britain. Indeed, all Ministers in all Departments are making sure that global Britain is a reality.

[Stephen Gethins]

I thank the Minister for his response. It is good to hear that he does not believe the cuts elsewhere in the world will have an impact. However, with an increasing number of people thinking that the Government are handling their negotiations with the EU badly, and given that such a view is shared in many capitals around the world, does he agree that the appointment of a no-deal Minister is the latest sign of a state hurtling towards retreat and isolation?

[Sir Alan Duncan]

No, I do not. I have spent much of the past 18 months championing this country across Europe and elsewhere, throughout the 77 countries I represent, and I am proud to say that the British flag flies high and with great respect in all those countries.

[Joan Ryan (Enfield North) (Lab)]

6. What recent assessment he has made of the effect on stability in the middle east of Iranian political and military influence in that region.

--- Later in debate ---

[Sir Desmond Swayne (New Forest West) (Con)]

8. What diplomatic steps he is taking to promote global ocean conservation.

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

The Government are on track to meet their manifesto blue belt pledge. This will deliver marine protection across nearly 4 million sq km of the earth’s oceans and seas around our overseas territories by 2020. We are also working through the Commonwealth marine economies programme to enable small island Commonwealth states to conserve and use their maritime space sustainably.

[Sir Desmond Swayne]

How will it be enforced?

[Sir Alan Duncan]

Very succinct, Mr Speaker! This is a wholly good news story. The BBC’s “Blue Planet” series has inspired millions of viewers, and we are putting that into practical effect. I can make it very clear to my right hon. Friend that we are working with our overseas territories to ensure that each of our marine protected areas is backed by robust legislation, effective monitoring and the very strong enforcement that he would wish to see.

[Jim Shannon (Strangford) (DUP)]

When it comes to improving global ocean conservation, third world countries want to be effective but do not have the resources to do so. What resources are being made available to those third world countries to help them carry out their job as well?

[Sir Alan Duncan]

I am not absolutely clear exactly what goes through the Department for International Development for this kind of purpose, but obviously there are international treaties and international treaty obligations. I hope that collectively the world can get together to ensure that the objectives we all share are properly put into effect.

[Nick Smith (Blaenau Gwent) (Lab)]

9. What steps the Government are taking to support the protection of cultural heritage, religious minorities and human rights in armed conflicts overseas.

--- Later in debate ---

[Hannah Bardell (Livingston) (SNP)]

T4. It has been nine months since my constituent Kirsty Maxwell tragically fell to her death from a balcony in Benidorm and still the family do not know what happened to the clothes on her body when she died or the circumstances of her death. The Minister has been very helpful in trying to assist, but we are no further forward. Will he put more pressure on the Spanish authorities, and will he do a full-scale review of the support that families who have lost loved ones get?

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

I fully understand what the hon. Lady says, and we have been working closely on this tragic consular issue. I am happy to offer her a further meeting and to pursue every possible step to go into the details in more depth.

[Mr Speaker]

I call Chris Green. The fella’s gone.

Ukraine

Alan Duncan Excerpts

Wednesday 20th December 2017 Westminster Hall

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

It is a pleasure to serve under your chairmanship, Mrs Gillan. I am grateful to my right hon. Friend the Member for Maldon (Mr Whittingdale) for initiating this debate. I congratulate him on his valuable work as chair of the all-party parliamentary group and in particular on forging links with counterparts in the Rada. I also thank him and his colleagues for briefing me yesterday on their recent visit. I am also grateful to Members of all parties who have contributed to today’s debate. I am particularly grateful to my hon. Friend the Member for Isle of Wight (Mr Seely). He has direct experience of living in Ukraine. He can list the names of people and cities in such rapid succession that we can but take pity on Hansard.

Ukraine faces two separate battles: one against internal vested interests seeking to hinder vital reforms and the other against Russian aggression and intrusion. Success in both is essential if Ukraine is to fulfil its great potential and become a stable, transparent and prosperous state. The UK Government are working hard to help it achieve that aim and are determined to persist in doing so. I can assure everyone here and the House more widely that our involvement and engagement will continue after we have left the European Union.

Putting an end to decades of corruption in Ukraine was never going to be easy. The problems Ukraine is wrestling with today are the result of the legacy it was left after the fall of communism—a system that had no concept of democratic institutions or the rule of law. Those institutions now need to be firmly established and those values ingrained in the modern Ukrainian state. It is easy to see why tackling corruption would be the No. 1 issue raised by the people of Ukraine in polls. Under the old system corrupt individuals stole millions, perhaps billions of dollars from the state.

Since independence, Ukraine’s potential has been stifled from within by vested interests and from without, as my hon. Friend the Member for Isle of Wight mentioned, yet it possesses the people and resources to become a strong, vibrant economy that can attract significant foreign investment. The good news is that Ukraine has made more progress with reforms since 2014 than it perhaps did in all the preceding years since independence. However, it is deeply frustrating that the fight against corruption is still far from won, and indeed there are active attempts to undermine it. That includes attacks against the National Anti-Corruption Bureau. That body was set up with UK help and had begun to make great strides. We have made clear how seriously we view these attempts to block progress, and alongside the US, the EU, the IMF and World Bank we are pressing the Ukrainian Government to continue with the reforms their people expect.

Challenges to the reform agenda have also come from within the Ukrainian Parliament, with the dismissal of the head of the National Anti-Corruption Committee and the emergence of some very unhelpful draft laws. That is why it is so important that we as parliamentarians express our concerns to our friends in the Rada and encourage them to play a constructive role on reform. It is vital that those in positions of authority show leadership and ensure Ukraine’s fight against corruption continues. Ukraine’s leaders have a choice. Their legacy can be to take Ukraine down their chosen European path or to go backwards and take the path of their predecessors. Having come so far and achieved so much, it would be heartbreaking if Ukraine were to revert to past mistakes.

The UK is doing everything it can to prevent that. This year we are investing £30 million in helping the Ukrainian Government and their people fight corruption, improve governance and deliver critical reforms in the defence and energy sectors. We are also taking a lead internationally, so that it can be much more of a collective effort. In July, the Foreign Secretary hosted the inaugural Ukraine reform conference, which brought together Ukraine’s international partners, built political support for its reform agenda, and secured Ukraine’s commitment to reform over the next three years. At next year’s conference in Denmark, we and the wider international community will be watching. We very much hope that Ukraine will be able to demonstrate further progress.

Ukraine’s other battle is in overcoming Russia’s attempts to destabilise the country. My right hon. Friend the Member for Maldon referred to that specifically. Even as we debate the issue today, there has been a sharp increase in ceasefire violations, reaching levels this week that were last seen in February. There has been an attack on the Novoluhanske area by Russian-led forces. Fighting has also resumed around the Donetsk filtration station. That is extremely dangerous, because it houses hundreds of thousands of tonnes of chlorine gas.

The conflict in the Donbass has killed more than 10,000 people and maimed almost 25,000. The UN estimates that almost 4 million people need humanitarian aid and around 1 million have been internally displaced. It is a sad irony that many of those affected are Russian-speaking Ukrainians, the very people whom Russia claimed they were trying to protect. Ukraine, Russia and indeed the UK are bound by the commitments we have undertaken in the UN, the OSCE and the Council of Europe—commitments to ensure human rights and the rights of minorities are upheld, but also to respect each other’s sovereignty and territorial integrity. The violation of Ukraine’s territorial integrity by Russia, including its destabilisation of eastern Ukraine, continues to cause untold suffering for the population there, and it jeopardises wider European security.

The UK Government are helping to alleviate suffering by providing aid, improving access to healthcare and helping the displaced get into work. UK aid is also providing psychosocial support to survivors of sexual and gender-based violence and to those affected by trauma. All sides of the conflict must do more to alleviate the suffering by unblocking the delivery of humanitarian supplies. The Ukrainian authorities must also enable internally displaced people to gain access to social support and other services.

It is clear that the conflict can be resolved only through negotiation. If, as Russia claims, it truly cares about the people of the Donbass, it should end the fighting that it started, withdraw its military personnel and weapons, cease its support for the separatists, and abide by the Minsk agreement commitments it signed up to in 2015.

[John Cryer (Leyton and Wanstead) (Lab)]

Will the Minister give way?

[Sir Alan Duncan]

I do not have time.

I can assure the House and Members who have raised the matter that until the fighting ends, sanctions against Russia must and will remain in place. Our resolve on that is steadfast, and we continue to work with our partners in the EU and the G7 to maintain a united international position.

In direct response to the question asked by the hon. Member for West Dunbartonshire (Martin Docherty-Hughes), we will engage with Russia. I was there 10 days ago, and the Foreign Secretary will be there tomorrow. We will uphold sanctions, and in order to ensure that, we will pass the Sanctions and Anti-Money Laundering Bill, which has already completed most of its stages in the other place. It will come to us in the Commons in the spring.

In talking about Ukraine, we should not and must not forget about the situation in Crimea, which has also deteriorated. Ethnic Ukrainians and Crimean Tatars have been particularly singled out. On behalf of the UK Government I again call for the release of all political prisoners by the de facto and Russian authorities and the immediate return of Crimea to Ukraine.

There were a few points raised that I will have to scoot over quickly because of time. On the question of the holodomor, there was an Adjournment debate on 7 November, to which I refer my hon. Friend the Member for Mid Derbyshire (Mrs Latham). In short, the issue has to be determined by the courts, rather than by us. On the Joint Centre for Control and Co-ordination, we very much regret the Russian withdrawal. It has done some very good work that we would like to continue. On the question of visas, I have been in vigorous correspondence with the Home Secretary. So far I have been rather disappointed by the response we have received in the Foreign Office to our detailed comments about the deficiencies of the visa system in respect of Ukraine. On that note, and leaving a mere 30 seconds to my right hon. Friend the Member for Maldon, I hope I have answered the debate.