Nazanin Zaghari-Ratcliffe: Forced Confession

Alistair Carmichael Excerpts

Tuesday 24th May 2022 Commons Chamber

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

Today’s revelations just add to the horror that we all feel about the continuing treatment of Nazanin, but she is not the only UK dual national, in Iran or elsewhere, to suffer such treatment. May I bring to the Minister’s attention the case of Alaa Abdel Fattah, a UK-Egypt dual national currently detained in Egypt, who has been tortured and has been on hunger strike for 53 days? Will the Minister meet his family and make representations to the Government of Egypt, hopefully with the same vigour that she has shown in relation to Nazanin?

[Amanda Milling]

I am grateful to the right hon. Gentleman for raising that case. I can reassure him that the FCDO is supporting Mr Abdel Fattah, and is urgently seeking consular access to him. We are in contact with Egyptian authorities about his case, and have raised it at the highest levels.

Xinjiang Internment Camps: Shoot-to-Kill Policy

Alistair Carmichael Excerpts

Tuesday 24th May 2022 Commons Chamber

[Amanda Milling]

What we are seeing is truly shocking and adds to the body of evidence. We have been holding officials to account, and we have sanctioned senior officials and organisations, but we keep all the evidence and potential listings under review and I cannot speculate about future sanctions.

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

I suspect that the Minister gave a more revealing answer than she had intended to give to the right hon. Member for Chingford and Woodford Green (Sir Iain Duncan Smith), when she said that if there are to be restrictions on the UN party visiting the province, that would achieve only one thing: to expose China as a country that disliked outside scrutiny. That would hardly be exposing something that is a secret. Many of us hoped that that would trigger something more substantial by way of meaningful action from the Government.

Let me give the Minister the opportunity to answer the question posed by the Opposition Front Bencher, the hon. Member for Hornsey and Wood Green (Catherine West), and the Minister’s hon. Friend the Member for Rutland and Melton (Alicia Kearns), who asked about Hikvision. Hikvision has produced the equipment that is used for surveillance in Xinjiang and it now wants access to our market. It would send a really powerful signal to say, “If you provide equipment of that sort to a place like China, you are not welcome in this country.”

[Amanda Milling]

On Hikvision, we are deeply concerned by China’s use of high-tech surveillance to target the Uyghurs and other minorities in Xinjiang disproportionately. We regularly raise those concerns alongside our partners, including in a joint statement that we supported, with 42 other countries, at the UN. Over the past year, we have introduced enhanced export controls that have strengthened our ability to block exports of software and technology that might facilitate human rights violations.

Prime Minister’s Visit to India

Alistair Carmichael Excerpts

Tuesday 26th April 2022 Commons Chamber

[Vicky Ford]

We condemn any instance of discrimination.

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

When the Prime Minister raised the case of Jagtar Singh Johal, did he do so on the basis that for the past four years Mr Johal has been the victim of arbitrary detention?

[Vicky Ford]

I know that the Prime Minister raised his case, I know that he handed over a note on consular cases, and I know that the Foreign Secretary has agreed to meet with the hon. Member who represents Mr Johal’s constituency and with Mr Johal’s brother and wife. We deplore and condemn the use of arbitrary detention in all circumstances.

British and Overseas Judges: Hong Kong

Alistair Carmichael Excerpts

Wednesday 30th March 2022 Westminster Hall

[Sir Iain Duncan Smith]

I am grateful to my right hon. and learned Friend. I know that he has privately been a big supporter of what we have been trying to do, so I appreciate his coming here now that he is no longer Lord Chancellor.

I simply say that this is a momentous decision, because right now in Ukraine—I referred to this earlier—we are seeing a totalitarian regime try to stamp out democracy and freedom in another country. In a funny sort of way, maybe we are seeing that the fight for freedom in Ukraine influences all of us to ensure that, whatever we do from the peaceful area that we live in, it does not allow other totalitarian regimes to have the legitimacy that would be given to them by our independent judiciary playing a part in Hong Kong and letting everybody believe that there is nothing wrong.

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

The right hon. Gentleman knows that I have argued for this move for some time now. I am particularly pleased to welcome it, not least because the Lord President of the Supreme Court, Lord Reed, is somebody whom I have known and respected for many years. I never felt comfortable being on the other side of the argument to him, and we seem to have resolved that.

Does the right hon. Gentleman agree that this now requires a response not just here, but from all those who have perhaps taken some comfort from the presence of the British judiciary in Hong Kong? I think it was the Hong Kong Bar Association that said the presence of British judges was a “canary in the mineshaft.” That canary has well and truly fallen off its perch today, and those in Hong Kong who care about the rule of law have a responsibility to respond.

[Sir Iain Duncan Smith]

I am grateful for that intervention, because I had a meeting with the Bar Council about this issue. To be fair, its members understood the dilemma that they had. Bear in mind that Essex Court Chambers have been sanctioned by the Chinese Government, as have I and others present. I do not understand how it is viable any longer for those at the Bar to argue that they are not somehow changing, influencing or moderating what may be going on in Hong Kong.

I have in front of me the statement from the Lord President. I will not read it out, as that is for others to do. Now that he has made that statement—he was one of those who actually did service in Hong Kong, so it is an extra-powerful statement on that point—I would call on the Bar Council, barristers and other lawyers who work in corporate law, and who now have all their offices in Hong Kong, to very carefully think about their position. If the judiciary are moving, and if the Bar does too, what price their ability to lend legitimacy to an area that is essentially no longer operating seriously under common law?

Iran Detainees

Alistair Carmichael Excerpts

Wednesday 16th March 2022 Commons Chamber

[Elizabeth Truss]

My hon. Friend is right to pay tribute to the family, to Richard Ratcliffe for all his campaigning work and to our negotiating team, who have worked day in, day out, including in Tehran and Muscat, to get this done—that has been really important.

The future of Iran is a choice for the Iranian Government. We do not want to see Iran acquire a nuclear weapon; we want to see a world in which Iran plays a more positive role. Of course, we will work to encourage a more positive trajectory.

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

I thank the Foreign Secretary for her welcome words on arbitrary detention, which go to the heart of it. Of course, arbitrary detention is not the sole preserve of Iran. It is also a common practice in the Kingdom of Saudi Arabia, where it is reported that there were a further three executions today while the Prime Minister was in the country. Can the Foreign Secretary give me some assurance that we will pursue the issue of arbitrary detention and other human rights abuses with equal vigour wherever we find them?

[Elizabeth Truss]

We approach our relations with all countries without fear or favour. We are prepared to be honest with countries about human rights practices, which is exactly what the Prime Minister has been doing on his visit. It is important that we engage with Saudi Arabia. We have a major issue, as everyone in this House knows, with a very aggressive Russia threatening European and, indeed, global security, and we need to work with other countries to find alternative sources of oil and gas. It is important that we deal with everybody.

Executions in Saudi Arabia

Alistair Carmichael Excerpts

Monday 14th March 2022 Commons Chamber

[Amanda Milling]

I am grateful to my hon. Friend for giving me the opportunity to reiterate that I will not speculate; he understands why. Diplomats and Ministers clearly have frank conversations with Saudi Arabia about human rights. As I said at the outset, we were absolutely shocked by the executions at the weekend.

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

The Minister may be shocked, but she should not be surprised, because this sort of thing has happened before. Actions speak louder than words. If the Prime Minister goes to Saudi Arabia in the next few days, we would be sending a very clear signal that, no matter what we say, we are not really bothered about this sort of thing.

It has been reported that we have a judicial co-operation memorandum of understanding with Saudi Arabia. Will the Minister commit to publishing it, along with the related human rights risk assessment made by the Government?

[Amanda Milling]

The key point is that, given our relationship with Saudi Arabia, we are able to have frank conversations about human rights. We are opposed to the death penalty in all countries under all circumstances. As I said, Saudi Arabia remains the Foreign, Commonwealth and Development Office’s human rights priority country, particularly because of its use of the death penalty.

Sanctions

Alistair Carmichael Excerpts

Monday 28th February 2022 Commons Chamber

[Elizabeth Truss]

I am looking very closely at this with my colleague the Transport Secretary to get it addressed as soon as possible.

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

I have to tell the Foreign Secretary that time is not on her side. The NS Challenger is due to berth at 6 am on Wednesday. In the past hour the Secretary of State for Transport has written to all UK ports requesting them not to grant access to Russian vessels. That is a very welcome move, but the House will have noticed that he used the word “request” rather than “instruct”. Can the Foreign Secretary tell me now, or get me early information, that if the terminal operators at Flotta in Orkney refuse to berth the NS Challenger they will not be left financially exposed as a result?

[Elizabeth Truss]

I am looking at this issue urgently with the Transport Secretary and I will get back to the right hon. Gentleman with that information.

Relationship with Russia and China

Alistair Carmichael Excerpts

Thursday 24th February 2022 Commons Chamber

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

It is a pleasure to follow the right hon. Member for North Somerset (Dr Fox). I was reflecting as he spoke that it is now almost 40 years since our paths first crossed at the University of Glasgow. It is fair to say that our shared history has not always been characterised by broad agreement, but there was very little that he said today with which I would disagree.

I congratulate the hon. Member for Isle of Wight (Bob Seely) on securing this debate. As others have said, it is timely in a way that I suspect even he would not have imagined when he made the application to the Backbench Business Committee.

The House knows of my interest in our relations with China—I am co-chair of the all-party parliamentary groups on Hong Kong and on the Uyghur population—but today I want to focus my remarks on our relationship with Russia. Before I do so, I pose a fairly basic question to the House: if we acquiesce in Putin invading and occupying Ukraine on the basis that it is ethnically and linguistically Russian, which is his purported basis, what would we say to China if it were then to take the same action in relation to Taiwan? Consistency matters.

[Wayne David (Caerphilly) (Lab)]

Equally, if we acquiesce in what is happening now, the same argument could be deployed by Putin with regard to many other parts of eastern Europe.

[Mr Carmichael]

That is exactly the case. We know that this is how Putin works. He will take so much, consolidate, bank it and let time pass, trade continues and then he asks for more. It is not just Putin; it is despots throughout history. The parallels with other despots in European history are there for all to see and I fear that we cannot ignore them for much longer.

I have to place on record my frustration that this debate is now the only opportunity that we will have to discuss this—as distinct from the Prime Minister’s statement, because a statement is not a debate—until a week on Monday. If nothing else, the opportunity for this House to debate specifically what is happening in Ukraine would be a very important signal for us to send to fellow parliamentarians in Ukraine that we stand with them in defending their democracy.

We may be shocked by what we have seen happen today, but we should not be in any way surprised. It has been obvious for weeks and months—some might even say years—that this day was always going to come. It grieves me more than anything else that our Government’s response to this challenge so far has been, bluntly, pusillanimous. The scale and nature of the sanctions that have been brought forward is wholly inadequate. We also have to get real about the opportunities that economic sanctions will bring us. Because of the way in which we have pursued our trade policy in the past decade or so, Putin has built up a reported reserve in the region of $640 billion, so it is clear that he will be able to withstand economic sanctions for some time, and we should not overestimate the opportunities that they bring.

With Putin, and others like him, it is always important to see that we have sent the right signals. What signals have we sent—by “we” I mean western Europeans—since 2014? We allowed Germany to go ahead and negotiate the construction of Nord Stream 2, a project that was designed specifically to take Ukraine out of the equation and allow a continued supply of gas from Russia to Europe.

I, like many people, find myself in a difficult contest between what my head and my heart tell me. My head tells me that we have seen all this before. My head tells me that despots using foreign policy to distract attention from problems at home is nothing new and only ends in one way. My head tells me that the proposition that national boundaries should be defined on ethnic or linguistic grounds is a dangerous road for any country to be going down. My head tells me that history tells us that appeasement never works. But at the same time my heart says that this risks taking us to a place where we have armed conflict on continental Europe. As somebody who was born in 1965 and brought up through the ’70s and ’80s, I believed that that was impossible and unthinkable, but now we need to confront that very real possibility.

I said that the Government’s response has been inadequate. That has been illustrated to me today by calls and emails I have received from constituents who tell me that at Sullum Voe oil terminal in Shetland, the oil tanker NS Challenger—which is owned and operated by Sovcomflot, a company wholly owned by the Russian Government—is, as we speak, loading oil for export out of Shetland. What does that tell us? It tells us that everything that the Government have said this week has been heard in Russia and has been understood, in simple terms, as saying that it is business as usual. “Why on earth”, my constituents ask me, “are we currently exporting as strategically important a commodity as oil out of Shetland in Russian-owned and operated tankers?” I do not know what answer I can give them other than that we have continued, even at the 11th hour and 59th minute, to send the wrong signals. We need to return to this in the days and weeks to come, but for now the challenge that we have is to the post-war rules-based international order. If we acquiesce in the face of that challenge, frankly, we do not end anywhere that is a good place.

British Council Staff: Afghanistan

Alistair Carmichael Excerpts

Thursday 20th January 2022 Commons Chamber

[Amanda Milling]

We are committed to working in step with the international community to continue to do all we can to enable those who are eligible to relocate to the UK to do so. The scheme offers current and former locally employed staff who are under threat priority to relocate to the United Kingdom.

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

On a point of order, Mr Speaker. I am grateful to you for taking a point of order at this stage. The hon. Member for Hazel Grove (Mr Wragg), to whom I gave notice of my intention to raise this point of order, has spoken today in the Public Administration and Constitutional Affairs Committee about the intimidation of and threatened removal of funding from projects in the constituencies of Members who have come out against the Prime Minister and called for him to resign. This is behaviour of a sort I have never heard. We all understand the need for Whips to maintain discipline, but this owes more to the tactics of the mafia than anything found in “Erskine May”.

What can you do, Mr Speaker, to protect Members who wish to express their opinions and have differences sincerely and strongly held without seeing their constituents disadvantaged in such ways and without their being intimidated into remaining silent when they really want to speak up?

[Mr Speaker]

Members may wish to write to me in private. I understand what the right hon. Gentleman said. There are allegations about the conduct of Whips and special advisers working for Ministers. Serious allegations have been made and, at this stage, without having had chance to study what has been said in detail, I can only offer general guidance; I have been in the Chair since this revelation came out, as I understand it, at 10 o’clock. Members and those who work for them are not above the criminal law. The investigation of alleged criminal conduct is a matter for the police and decisions about prosecution are for the Crown Prosecution Service. It would be wrong of me to interfere with such matters.

While the whipping system is long established, it is of course a contempt to obstruct Members in the discharge of their duty, or to attempt to intimidate a Member in their parliamentary conduct by threats. There is a clear process for raising privileged matters and referring them for investigation to determine whether the conduct in question is a contempt. In the first instance, Members raising such concerns should write to me. I hope these general observations will assist the House in going forward.

Uyghur Tribunal Judgment

Alistair Carmichael Excerpts

Thursday 20th January 2022 Commons Chamber

[Tim Loughton]

My right hon. Friend is absolutely right. Leadership from the Government is essential. All of us—certainly the three musketeers on the Conservative Benches who are sanctioned—have asked repeatedly for a proper audit of the tentacles of the Chinese Communist party, which extend into our boardrooms, our university campuses, our schools, our businesses and Parliament, as we saw with the exposé earlier this week. The Government must take a lead in the country and for other like-minded nations, which need to be able to act together. Through the Inter-Parliamentary Alliance on China, which my right hon. Friend admirably co-chairs, bringing parliamentarians together who are now prepared to speak out and act in unison across the world will have and is having an impact.

We must redouble those efforts after all the revelations that we have heard about the malign influence of the Chinese Communist Government across the world, culminating in the recent speech by Richard Moore, the head of MI6, about the China threat that we all face.

What is to be done? Today, we need to get the Government to face up to, acknowledge and agree to our international obligations under the law of genocide. To repeat the point that my hon. Friend the Member for Wealden made, the United Kingdom is a party to the genocide convention. All state parties to the genocide convention are under an obligation to refrain from taking an active part in the crime of genocide and, additionally, to prevent the commission of genocide by others, using all means reasonably available and within their power. That includes situations in which one state alone would be unable to prevent genocide but in which its actions in combination with the efforts of other states may do so.

The obligation to take concrete steps to prevent genocide is triggered

“at the instant that the State learns of, or should normally have learned of, the existence of a serious risk that genocide will be committed”

or is already being committed. The UK is on notice and has the requisite awareness of the serious risk that genocide is being committed or will be committed against the Uyghurs in the Xinjiang region of China and is therefore under an obligation to act to prevent that genocide. It could not be clearer.

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

The hon. Gentleman comes to the nub of the matter. This is an appropriate moment to remind ourselves why the genocide convention is framed in such a way: because throughout history, when genocide has happened, we have always played catch-up and said that we did not know. We live in a very different world now, in which we do know; that is why we have the obligation, which has now been triggered, to act. We can call it out in the House, but only the Government can act.

[Tim Loughton]

The right hon. Gentleman is absolutely right and has been a doughty champion of the cause. We cannot stand by and wait for further atrocities to happen. We are under a duty to trigger the processes that recognise that genocide has been and is still being committed, and to take appropriate actions to counter it. That is absolutely clear. I cannot envisage anything the Government could say in response today that would get them out of that obligation, now that the evidence has so clearly, so starkly and so skilfully been put forward by Sir Geoffrey Nice.

That is our first requirement, but there are other things that the Government can do. Following the lead taken in the United States with the recent Uyghur Forced Labor Prevention Act, which my hon. Friend the Member for Wealden mentioned, we have a Bill on the Order Paper: the Tibet and Xinjiang (Reciprocal Access) Bill, which has specific sanctions that we can bring to bear against Chinese Government officials to reinforce the point that we are absolutely serious. We need further high-ranking officials, starting with Chen Quanguo, to be sanctioned to show that we are absolutely clear about who is responsible for the ongoing haranguing and victimisation of the Uyghur people.

This must happen. I have no doubt that at the end of the debate we shall all will it to happen, with no votes demurring, but the Government must take the lead. They must do what they are required to do under international law and under the moral duty that we have all recognised today and stand up for those people who are still being victimised by the horrendous torture meted out by the Chinese Communist party Government.