Iran: Joint Comprehensive Plan of Action

Baroness Northover Excerpts

Tuesday 14th January 2020 Lords Chamber

[Lord Collins of Highbury (Lab)]

My Lords, I thank the Minister for repeating the Statement, which we welcome, as well as the action that has been taken today alongside our European partners.

The joint statement by the E3 at the weekend concluded that the JCPOA plays a key role in ensuring that Iran never develops a nuclear weapon. It also expressed regret and concern about the US withdrawal from the JCPOA and its reimposition of sanctions on Iran. It argued, quite rightly, that Iran must be obliged to return to full compliance with its side of the agreement.

However, the exchanges in the other place today focused not on the Statement but on the words of the Prime Minister this morning on BBC “Breakfast”, during which he said, “The problem with the JCPOA is basically—this is the crucial thing, this is why there is tension—is from the American perspective, it’s a flawed agreement. It expires, plus it was negotiated by President Obama.” He continued, “From their point of view, it has many, many faults. Well, if we’re going to get rid of it, let’s replace it, and let’s replace it with the Trump deal.” Therefore, are we calling for the retention and restoration of the JCPOA as stated in the E3 statement or not? Does the Minister believe that it is better to build on the JCPOA or, as Trump has done, to walk away from it?

This afternoon, the Foreign Secretary referred to the discussions in Biarritz last year in which he said that the Prime Minister, the United States and our European partners are fully open to a broader initiative that addresses not just the nuclear concerns but the broader concerns about the destabilising activity that we have seen recently. He argued that we can preserve the deal but be ambitious and, if possible, bring the United States and Tehran into a broader rapprochement, dealing not just with the nuclear issue but with the wider destabilising activities.

Surely if we want to keep the transatlantic alliance together and bring about a broader rapprochement between the US and Iran, we need to build confidence and be clear about our position. I am afraid that today the one thing that we have not seen is clarity about the Government’s position. Can the Minister tell us how such an alternative deal differs from the current JCPOA? Perhaps he can explain why parties to the original agreement would have confidence that any new one would be complied with.

Finally, there is one other aspect to this terrible situation and that is the plight of the nationals and dual nationals from our country and other countries around the world held in detention. The Foreign Secretary said that their plight is at the forefront of the Government’s mind. Can the Minister update us on the efforts and progress that have been made to secure their release? The Foreign Secretary said that Iran cannot continue its appalling behaviour in the treatment of dual nationals without being held to account. Therefore, I hope that the Minister will tell us precisely how we intend to do that.

[Baroness Northover (LD)]

My Lords, I too thank the Minister for repeating the Statement. Does he notice the marked difference in tone between that Statement and the joint statement from the E3 to which the noble Lord, Lord Collins, has referred, which is from the Foreign Ministers of France, Germany and the United Kingdom? He will doubtless say that he does not see a marked difference.

The E3 statement is clear and unequivocal but statesmanlike. It argues that we

“share fundamental common security interests, along with our European partners. One of them is upholding the nuclear non-proliferation regime, and ensuring that Iran never develops a nuclear weapon.”

That is absolutely right. It argues that the JCPOA

“plays a key role in this respect, as our Leaders have just unambiguously reaffirmed.”

It states that the JCPOA is

“a key achievement of multilateral diplomacy”.

It therefore goes on to say:

“Together, we have stated unequivocally our regret and concern at the decision by the United States to withdraw from the JCPoA and to re-impose sanctions on Iran. Since May 2018, we have worked together to preserve the agreement. The E3 have fully upheld our JCPoA commitments, including sanctions-lifting as foreseen under the terms of the agreement.”


It continues by saying:

“In addition to the lifting of all sanctions, required by our commitments under the agreement, we have worked tirelessly to support legitimate trade with Iran.”

The E3 states that, since 2018 and especially recently, we

“have worked hard to address Iran’s concerns”

and

“sought to persuade Iran to change course”

in relation to it not meeting some of its obligations. It states that the E3 is referring Iran to the dispute resolution process

“in good faith with the overarching objective of preserving the JCPoA”.

I have quoted at length so that noble Lords can see the difference between what the Minister has just read out, and the E3 statement. Does he agree that the E3 statement is reasoned and reasonable? He must do so because our Foreign Secretary agreed to it. We claim in the E3 statement that we are referring Iran to the dispute resolution mechanism in good faith because we support the JCPOA. How does that square with what we have just heard is coming from the very top of the Government: that they agree with the US that this is an inadequate deal?

Does the Minister agree with the noble Baroness, Lady Ashton, who played such a key role in the negotiation of this agreement and described it as a “boulder in the door”? How are we seeking to de-escalate tensions when at the same time, we accuse Iran in the Statement he has just read out of “nefarious” intentions? Does the E3 statement square with what the Minister has said about this being a “shell of an agreement”?

It is two and half pages into this Statement before we hear that the UK is “disappointed” that the US withdrew from the JCPOA in May 2018. We rightly seek that Iran comes back into compliance, but where is the request that the US comes back into compliance? We have indeed upheld our commitments, but does the noble Lord not accept that the US’s legal reach means that companies do not want to trade with Iran lest they end up in the US courts, and that, therefore, the bringing of Iran back into the global fold has been severely damaged by US actions? How does the Minister square that with what is being asked of Iran?

Which line do the Government support—the EU-supported JCPOA or Trump’s point of view? Meanwhile, we see convulsions in Iran over the shooting down of the Ukrainian plane and the lies that followed that. Does the Minister agree that the strong reaction in Iran is encouraging and reflects, as ever, the complexity and levels of education and information prevalent in Iranian society?

Might this not be a time to be statesmanlike and request, for example, that the Iranians take this opportunity to release dual nationals on compassionate grounds? It is highly likely that many in the Iranian population are well aware of their plight and would have sympathy with the release, for example, of Nazanin Zaghari-Ratcliffe, so that she can rejoin her husband and little daughter. As we seek to make such a case, can the noble Lord tell me precisely when the Prime Minister will meet Richard Ratcliffe to take this forward?

The Government are right to urge de-escalation. Does the Minister agree that it is vital that we work internationally and with our EU partners to assist that process, or does he think we should be moving away from this position and towards that of President Trump?

[Lord Ahmad of Wimbledon]

My Lords, I thank both the noble Lord and the noble Baroness for their comments and the general thrust of support from both Benches.

In picking up on some of the questions and issues raised, I first note that both the noble Lord and the noble Baroness mentioned the E3 statement of 12 January. It is right: we are members of the E3 and the mechanism has been invoked in partnership. It is an E3 decision. The noble Baroness felt there were nuanced differences between the Statement I read out and that of the E3. The language is of course agreed with our partners, but the general thrust of both statements is very much inclined towards ensuring a diplomatic solution and that the diplomatic channel with Iran remains firmly open.

It is with deep regret that this mechanism has been invoked. The noble Baroness spoke of the sterling work of the noble Baroness, Lady Ashton, who I know and respect greatly, and yes, she played an instrumental part when the JCPOA came to fruition. However, as the Statement outlined, we have seen in recent months—I outlined specific dates—Iran’s continuing non-compliance. On the issue of squaring off and my speaking of “nefarious activities”, it is obvious that the dispute mechanism would only have been invoked because of non-compliance. It is regrettable, but Iran has taken steps which justify the action that we have taken, not alone but in partnership with the E3.

I turn to another issue that the noble Lord raised concerning the Prime Minister’s Statement this morning, which I have just read out. The Prime Minister has been very clear and the E3 statement of 12 January—from Chancellor Merkel, President Macron and our Prime Minister—was also clear about our position and continued commitment to the JCPOA. We have had various debates in your Lordships’ House in which we have all agreed that even at its outset, the JCPOA was limited in certain respects and did not cover the full range of the challenges faced, ballistic missiles being one notable example. Nevertheless, it remains the only deal in town. It is therefore right that we invoke this mechanism, not to end the deal but, I say to both the noble Lord and the noble Baroness, to ensure that we can leave that diplomatic channel open. The mechanism was set up for that very reason.

The noble Baroness rightly spoke about de-escalating tensions. I am proud of the role that the United Kingdom has played in what has been a very challenging situation in the region and in Iran specifically, together with our partners, most notably Germany and France. In this respect, I would suggest that we are in a better place today than we were perhaps 24 or 36 hours ago. However, notwithstanding the tensions being de-escalated, when it comes to the JCPOA deal itself, it is of deep regret that the actions of Iran have led to the action we have had to take.

The noble Lord and the noble Baroness both rightly raised the issue of dual nationals. I assure all noble Lords that we will continue to take all action on all consular cases in Iran, in line with what we believe will produce the right outcomes. On 6 January, the Foreign Secretary spoke to Foreign Minister Zarif in Iran and again raised the very serious concerns that the noble Lord and the noble Baroness raised today—and rightly continue to raise—about Iran’s practice of detaining foreign and dual nationals. As noble Lords are aware, Iran does not recognise dual nationality. However, notwithstanding that point, we continue to raise these issues consistently. I cannot give the noble Baroness a specific date for any future meeting between the Prime Minister and Richard Ratcliffe, but I assure her that we continue to engage with and support all families that seek support. I last met Richard Ratcliffe in September, during the UN high-level week. We will continue to support the families and to stress upon Iran the need for their immediate release.

The noble Baroness raised the tragic shooting down of the Ukrainian jet. I am sure I speak for all noble Lords across this House when I say that first and foremost, our prayers and thoughts are with those families. In one particular instance, there was a couple who had just got married. We have not just relayed messages to our partners. The Prime Minister has spoken to President Zelensky of Ukraine and I know the Foreign Minister has engaged with all Foreign Ministers in this respect. I myself earlier this week visited Canada House to pay respects to the Canadian victims of this tragedy. It is important that we work together. We have made it clear to the Ukrainians as well as the Iranians that we stand ready to assist with the expertise that we can provide to ensure a full, transparent and complete investigation of this incident. I assure the noble Baroness that we will continue to make representations in this regard.

I hope I have answered the questions and concerns that have been raised. This is a very serious situation. The JCPOA was negotiated through great compromises that were made. It remains, as I said, the only deal on the table, and we will continue to work to retain it.