Monday 14th November 2022

(2 years, 1 month ago)

Commons Chamber
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James Heappey Portrait James Heappey
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In my experience, applications from constituents have been dealt with—after an initial run of concern—reasonably well. The hon. Lady has raised the point, however, and I will make sure to draw the attention of Home Office Ministers to the record of this debate, so that they can get in touch to discuss whatever concerns she has on behalf of her constituents.

Since the start of the invasion, Russia has shown scant regard for human life, but since 31 October, it has sought to deliberately target civilians. Let us be clear: there is no military purpose in launching missile strikes at hydroelectric dams or in targeting the six-reactor civilian Zaporizhzhia nuclear power plant, which is the largest of its kind in Europe. Indeed, this latest escalation has only had a minor military effect. The reality is that such attacks are only a further illustration of Russian weakness. We know that its forces are being pushed back, we know it has lost more than 25,000 soldiers, with many more injured, and we know its capability is vanishing fast, with almost 3,000 tanks, 4,000 smaller vehicles and more than 5,500 armed troop carriers wiped out.

Bob Seely Portrait Bob Seely (Isle of Wight) (Con)
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I totally agree that, from a military point of view, hitting electricity and water, apart from being incredibly illegal, is rather pointless. Does the Minister, however, accept that this is part of Russia’s two-pronged strategy? On the one hand, it is now trying—Surovikin is trying—to develop a defensible line, hence the withdrawal from Kherson, which is not actually particularly militarily significant, and on the other hand, it is trying to destroy Ukrainian will by effectively interrupting supplies of water and electricity. That is, therefore, an important political strategy that it is trying to develop.

James Heappey Portrait James Heappey
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I agree very much with my hon. Friend. He thinks deeply about these things and he understands well how to assimilate the intelligence that is reported in the media. He is right: there is little military benefit in that strategy. The withdrawal from Kherson, while significant for the Ukrainians, and I will come back to that later, is a consolidation on to a more defensible position by Surovikin. My hon. Friend is also right to say that there is an attempt, through the targeting of civilian infrastructure, to break the Ukrainian will to fight, but I think the whole House will agree that we have seen nothing to suggest that the Ukrainian will can be broken. No matter what Putin tries, the Ukrainian people will continue to stand behind their armed forces and Europe will continue to stand behind Ukraine.

Indeed, so disastrous has been the Russian military effort so far that President Putin must now rely on one of his few remaining international friends and call in from the Iranians Shahed drones. That is further proof that Russia’s own defence industrial complex is suffering badly from the sanctions imposed by the international community. Its forces are being attritted to the point where they no longer have the capacity to operate successfully from within their own inventory, so these imports from Iran become necessary. President Putin hopes to break the spirit of the Ukrainian people, but he will fail. Throughout this invasion, the Ukrainian people have shown remarkable resolve.

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Jonathan Djanogly Portrait Mr Djanogly
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The right hon. Gentleman is absolutely right, and I will try to prove that point further.

Many of those in leadership roles surrounding the current Russian President, such as the Chechnya leader, Kadyrov—who suggested using a tactical nuclear weapon against Ukraine—espouse rigid nationalist views. They should not, and cannot, be absolved from blame for the invasion, as the term Putin’s war may allow. It is also important to highlight that many towns in reoccupied Ukraine now have unmarked graves resulting from murders perpetrated by members of the Russian armed forces: the Bucha massacre is a poignant example that we all have a duty to remember and reflect on. Reports are also rife of mass rapes, looting, torture, removal of children and confiscation of vital food stuffs—again, all deeds done by soldiers and administrators of the occupying power. It is clear to me that many people of the Russian Federation are up to their necks in heinous crimes committed during the ongoing war against the Ukrainian people, and the individual perpetrators must bear full responsibility and be prosecuted.

A case against those actively engaged in the invasion is clear, but what about the wider Russian people themselves? The problem is that by using the term Putin’s war, it is possible to excuse, overlook or ignore that the war, in all its gore and injustice, remains very popular among most of the Russian population. It is not just Putin, his cronies and his oligarchs. Some Russians, a small minority, have laudably taken a stand, memorably and notably Marina Ovsyannikova, who staged an on-air protest in March denouncing the war. Such defiance has, however, been more of an exception than the rule. Indeed, polling from within the Russian Federation continues to indicate strong support of over 70% for both the war and Putin among the populace.

Bob Seely Portrait Bob Seely
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My hon. Friend is making an excellent speech, as ever. The extent to which the Russians support the war is a complex issue. He is not wrong to say that it is still very popular, but I just wonder if there is a slightly more generous way of putting it. There is a hard core against—very brave people, as he has outlined. There is a hard core for—the military bloggers and the nationalist community, who are becoming increasingly concerned. But in the last 20 years, because of the amount of propaganda in Russian society, most Russians know to avoid politics as an issue; they let the people in power get on with things. Does he accept the point that, rather than the war being popular, the agnosticism towards politics means that it is kept away from as a subject?

Jonathan Djanogly Portrait Mr Djanogly
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I accept that it is a subject we could go into in some degree, but I would make the point that of those Russians who have been leaving Russia and going to places like Armenia, Georgia or the more than 250,000 who have gone to Turkey, it is by no means proven that they are anti-Putin. In fact, a lot of research says they are going to those countries because either they want to pursue their business activities, which sanctions prevent, or they do not want to be called up on the reserve list, not because they do not like President Putin.

What I am suggesting is that at some point citizens and leaders need to take collective responsibility for the actions of the state and the armed forces that operate in their name. For Russians, I would argue that that time has long passed. If we agree that there should be collective responsibility, we can make the moral case for collective sanctions—economic and travel. Travel restrictions, like those implemented by six EU states, are a more practical way of reinforcing the message of collective responsibility than economic sanctions, which mainly apply only to wealthier people.

As the situation stands, at the end of the war, whenever that may be or indeed before, assets that have been frozen, across the west and other areas of the globe, will be reclaimed by their owners, including here in the United Kingdom. The public, including many constituents in Huntingdon who I have corresponded with about the situation in Ukraine, naturally assume that a frozen superyacht owned by a sanctioned individual will be sold, with the proceeds used for reconstruction. We are talking about some £18 billion of frozen assets, not including real estate, in the UK alone. That is not, alas, currently the case. If the situation is not remedied, an embarrassing political situation, not to mention a morally dubious one, beckons.

Ministers should be prepared to consider, working with our allies, how frozen assets can be legally seized, sold and the revenue put to work for Ukraine’s rebuilding. The World Bank’s assessment made in September is that Ukraine will need $349 billion for recovery and reconstruction. It is worth saying that it is not just a question of law changes, but adopting a more aggressive attitude within the existing system. For instance, when the FBI boarded Mr Kerimov’s yacht Amadea in Fiji, it looks like the United States used the oligarch’s maintenance of the yacht as a criminal breach of sanctions, thereby allowing confiscation. We could and should be more assertive than we are.

As for possible law changes to facilitate confiscation, the first is a revisiting of the Trading with the Enemy Act 1939. During the second world war, that Act allowed the Government of the day to confiscate assets owned by residents of enemy countries in British territories. It focuses squarely on the assets of any person or organisation of countries with which the United Kingdom is at war. Thankfully, there has not been much cause to review it since 1945. An amendment to the definition of war, however, could provide a valuable basis for considering how Russian assets could be seized for the benefit of Ukraine and its reconstruction.

Secondly, Canada’s Budget Implementation Act 2022, which was passed in June, includes amendments that allow for the forfeiture of property that is subject to a seizure or restraint order under the Special Economic Measures Act 1992 and the Justice for Victims of Corrupt Foreign Officials Act (Sergei Magnitsky Law) 2017. That is done under both regimes using forfeiture orders, allowing the relevant Canadian Government Minister to apply to a court to forfeit assets that have already been seized or frozen. A number of safeguards are rightly built into the legislation. For instance, any person who appears to have an interest in the property may be heard by the relevant court.

A further possible avenue that I wish to highlight is one proposed by the Washington DC-based New Lines Institute for Strategy and Policy, which formulated a multilateral action model on reparations. In the model, the institute draws 13 convincing conclusions that lay the basis for an international, effective and legal reparations and compensation scheme. The model builds on the relatively recent and practical example of the Kuwait compensation fund, which, together with the UN compensation commission, paid some $52 billion in compensation to 1.5 million claimants over 30 years following the Iraqi invasion in 1990. The establishment of the fund and commission was possible only due to the agreement of those nations with a permanent seat at the UN Security Council. Unfortunately, as Russia is an aggressor in the case of Ukraine, that exact road map cannot be followed. The institute therefore makes the argument for working through the UN General Assembly rather than the Security Council.

The avenues that I have highlighted are but a number that are worthy of wider consideration—there are others. It is crucial, however, that the conversation surrounding compensation and reparations now begins in earnest, because just to continue saying, “This is only Putin’s war” is no longer relevant or morally sustainable.

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Bob Seely Portrait Bob Seely (Isle of Wight) (Con)
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I will not try the House’s patience for too long; I just want to make some general points.

The Minister was completely right when he said that the Kherson victory was enormously important, regardless of whether it was significant in military terms or symbolically. He made the point that it is difficult for someone to invade a country if they are going backwards, as we can all agree. Although it is symbolically dreadful, I would say that it is not yet a military game changer.

To build on my question to the Minister, the current Russian strategy seems to be two-pronged. First, Surovikin, with his Syrian experience, has said to the Russian Ministry of Defence, “Give me a line that I can hold.” Because Kherson is on the western bank of the Dnipro, it was simply not holdable: it was a death trap and a disaster waiting for the Russian military. By pulling out of Kherson city and going over to the eastern bank of the Dnipro, Surovikin has effectively put the Dnipro river between himself and the Ukrainians.

I lived in Ukraine from 1990 to 1995. For those who do not know the geography of Ukraine, the Dnipro river from south of Kherson all the way up to Zaporizhzhia is 0.5 km at its thinnest. If we add the waterbanks, the Konka river, the marshland and the open grassland, it is a minimum of 3 km wide. Up at Zaporizhzhia, where the nuclear power plant is, it is more of a lake; it is 10 km to 12 km wide. By moving his forces to the eastern bank of the Dnipro, Surovikin has effectively made the Dnipro a considerable buffer between himself and the Ukrainian forces.

Realistically, a Ukrainian advance is not going to happen south of Zaporizhzhia, simply because of the geography—one might as well try to cross the channel. It cannot be done without phenomenal resources. It involves going across significant open territory. The casualty rate, even against forces as disorganised and demoralised as Russia’s, would simply not be acceptable. It would fail, and it would be a significant counter to the Ukrainians. By getting the Dnipro on the right side of him, Surovikin now has a defensible line all the way up to Zaporizhzhia.

The second thing that Surovikin has done is to prioritise the destruction of civilian morale. Sadly, those of us who followed him in Syria know that that is par for the course. One of the really awful and depressing things in Syria was that the Syrians and their backers from Russia, which is one of the five permanent members of the Security Council, prioritised the destruction of civilian targets. Most importantly and most tragically—I have talked to many Syrian doctors about this—the Russians targeted hospitals for destruction. Destroying the hospitals first destroyed popular morale. Men would fight as long as their women and their families stayed, but for that to happen they needed some kind of food supply and they needed hospitals. Destroying hospitals meant that women and children fled. Without the women and children, men were effectively pulled back as well. Destroying civilian infrastructure destroyed morale.

There was another thing that the Syrians and their Russian backers did. For four years Aleppo had been bombed, and for four years it had survived: civilian life, in bizarre and horrendous circumstances, continued. Then the Syrians and their Russian backers used chemical weapons for 17 days and cleared the city. There were four years of bombardment and there were attacks on hospitals, which took a few months to clear civilian populations, but what cleared the city pretty much overnight was the use of chemical weapons.

I raise that point because the Russians are still making accusations against the Ukrainians and the Americans about bioterrorism, and we know that they are still talking about nuclear. The Russians are still holding out the option of using chemical and nuclear weapons. We should not simply dismiss that as bluff. It may well be bluff, but we do not know that—we cannot tell.

Those are the two prongs of the Russians’ strategy: getting a line that they think is defensible, and destroying civilian infrastructure. The current phase of the war started back in September, when I was in Ukraine with several hon. Members present; it is good to see them in the Chamber today. We saw Zelensky on the Sunday, and the Ukrainians were overjoyed because of the collapse of the Kharkiv positions. We were there as it was happening. That was the beginning of the new phase, in which the Russians realised that they could not win. That was the weekend when the Ukrainians thought, “Actually, we can win this war.” It was a very important moment.

By having a defensible line and attacking civilian infrastructure, the Russians bought some time—they probably bought themselves a few months. The next phase of the war will probably take place in the spring, when Russian positions come under significant pressure. If my understanding is correct, they will come under pressure in the south between Zaporizhzhia and Donetsk or in the east around the Luhansk area. The Ukrainians may try a feint to the south while attacking Donbas, because that is where their best armour is. Either way, when the new phase happens, with a spring offensive or potentially a late winter offensive, what we will witness—if we do witness it—will be the collapse of Russian positions.

The critical point for the strategy in the war is not necessarily securing a defeat in Donbas, which would be great for the Ukrainians, but the collapse of the land corridor between Crimea and Donetsk. If that happened, it would be the beginning of the end for the Russians. They could continue to hold the area of Donbas that they seized in 2014, and it would not make much difference; they could keep hold of Crimea, which I think will be last to go; but the destruction of the land corridor will mean the final defeat, or entering the endgame. It will be the beginning of the end for the Russian forces if that land corridor goes.

At that point, Putin will face a series of very important decision points, to use a military term. Does he go nuclear? Does he not? Does he use chemicals? Does he not? Does he blow up the Zaporizhzhia nuclear power station? Does he not? Those questions will become critical, because Russian military defeat in war often signals the collapse of a regime. People like the KGB or the FSB—whatever they are calling themselves now—do not distinguish between collapse of the state and collapse of the regime. Collapse of the regime and collapse of the state are not identical, but they are much closer than they would be in our country.

Of the wars that the Russians have fought in the past 200 years, they won the Napoleonic war and world war two, but pretty much every other war they have lost, resulting in the collapse or significant reform of the Russian state. The Crimean war resulted in the end of serfdom. The Russian-Japanese war resulted in the 1905 revolution. The horrors of world war one resulted in the appalling disasters of the Bolshevik revolution. The Finnish war could have gone very badly wrong in 1940. The Afghan war heralded the end of the Soviet Union.

When this war is lost by the Russian state, we will have to start asking ourselves how desperate Putin will be and what will happen internally to Russia. On Wednesday morning, for those who are interested, Navalny’s chief of staff Leonid Volkov will be talking to the all-party parliamentary group on Russia about the potential for the collapse of the Russian state.

There are clearly some significant decisions to be made. Internally, Putin has arrested, murdered, killed off and imprisoned many of his opponents—most noticeably Navalny, whose health may or may not be slowly worsening in the penal colony where he is doing nine years. Putin does not face pressure from the democratic bloc, but he does face pressure from two groups and it is worth paying attention to them both.

One group is the nationalist-fascist military blogger community. These are people who have been very vocal; importantly, the state allows them to be vocal because they were significant supporters of the war. We know from reading sites such as Telegram, where they have half a million followers, that they are now despairing and calling for firmer, tougher action. Some public figures, such as Prigozhin, who runs the Wagner mercenary group, and the Chechen head, whose name I have temporarily forgotten, are also outliers in attacking bits of the military, various generals who displease them or the Russian Ministry of Defence. There is a problem building up in the nationalist-fascist community within Russia.

There is also a problem building up with the wives, mothers and partners of soldiers killed and injured. I have met on many occasions the mothers of soldiers in the Afghan war—a wonderful group of people. They fought very movingly for the memory of their kids; it was really sad to see. The number of Russians dead or seriously injured is probably pushing 100,000, which means 100,000 wives, partners, girlfriends, occasionally boyfriends, and mums and dads. That is a significant potential audience. The new soldiers’ mums and soldiers’ wives have not made common cause with the democratic faction, which is pretty much non-existent in Russia, and they have not yet made common cause with the nationalist-fascist blogger group, which I think would be difficult. Those are the two groups that I think Putin will be looking most nervously at.

Thank you for letting me speak for so long, Mr Deputy Speaker. Let me now sum up the position. We have to start thinking about the endgame, because it will probably begin in the spring. Then we will have to start thinking about what will happen with nuclear decision points, and then we will have to start thinking about, potentially, the failure of Russia and what the disaster of a chaotic nuclear-powered Russia looks like—so there is much to do. I congratulate the Government on almost all they have done. I would just say that I think a bit more integration across Government Departments is always needed and we still do not have that.

When it comes to diplomacy—I asked the Foreign Secretary about this earlier—the United States and the United Kingdom have the best diplomatic networks in the developing world, while Ukraine has very few such networks and they are modest, certainly by comparison with ours. There is much more that the US and the UK can do systemically across Asia and Africa to make sure that we partner with the Ukrainians so that they can make their case. Those are the nations that are receiving grain from the Ukrainians and they want to know where it is. We must ensure that they know it is the Russians who are the problem in that regard and not the Ukrainians, but those are also the people who are most neutral to what the Russians are doing. We have to start to get them onside and get that community built.

On Wednesday evening this week, the Magnitsky awards will be presented, in memory of Sergei Magnitsky, beaten to death 13 years ago on Wednesday by agents of the Russian state because he was exposed while trying to investigate a $250 million Russian fraud. We remember people like Magnitsky, but we also remember many of those human rights activists. It would be great to see more non-aligned and neutral countries, and countries in Asia and Africa, bringing in their own Magnitsky laws so that they can start prosecuting these bad people, whether they are in Russia, in Iran or, indeed, in China—but that is a discussion for another day.

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Leo Docherty Portrait The Parliamentary Under-Secretary of State for Foreign, Commonwealth and Development Affairs (Leo Docherty)
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I am honoured to wind up this passionate, constructive and positive debate. I am grateful to all who have contributed. I will try to cover off as many points as possible in the brief time I have.

I am grateful to the hon. Member for Plymouth, Sutton and Devonport (Luke Pollard) for pointing out that this is day 264 of this brutal and illegal conflict. Of course, Putin has strengthened, not weakened, the western alliance. I am grateful to the hon. Gentleman for his reassurance of support for the Government’s position. He made some interesting reflections on the utility of Operation Interflex and the remarkable training that we are doing, with our allies, for our Ukrainian friends. He pointed out the need for resolve, and we are resolute.

The hon. Gentleman appealed for a long-term plan. I can give him the assurance that we do have a long-term plan. We have announced that, next year, we will match or exceed the £2.3 billion that we have put into military assistance next year. Of course, we will underwrite and grant in excess of £1.5 billion of humanitarian and fiscal aid to our Ukrainian friends through the World Bank and the European Bank for Reconstruction and Development.

Bob Seely Portrait Bob Seely
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We have been using up our own supplies, so could the Minister reassure us that, as well as giving supplies to the Ukrainians, we are being mindful of our own needs and supply base?

Leo Docherty Portrait Leo Docherty
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My hon. Friend will have noted that the Minister for Defence Procurement was on the Front Bench earlier and we were discussing exactly that point.

The hon. Member for Plymouth, Sutton and Devonport asked for a refresh of the integrated review. I will not give a running commentary, but we should remember that the integrated review was basically proved right. We are refreshing it—it is an organic, evolving document and it is in good shape. He mentioned NLAW production, which is a valuable point; we are working with industry to ensure that there is a pipeline.

The hon. Gentleman made a valuable point about dual-use technology. I am reassured that our sanctions provisions cover that, but I will look at that RUSI report and ask my MOD colleague, the Minister for Defence Procurement, to reply on that important report.

The hon. Gentleman mentioned war crimes. Two weeks ago, I was at the Hague meeting the chief prosecutor of the International Criminal Court, who has the bit between his teeth. Clearly, he is independent, but we will support him institutionally as much as we can to hold those who are prosecuting war crimes to account not just for reasons of natural justice, but to deter any further possible war crimes.

The hon. Gentleman also mentioned the humanitarian crisis that will surely emerge this winter. We are pleased to be providing £220 million of humanitarian aid and, of course, 850 generators to keep homes warm. He mentioned the defence budget. I will not speculate from the Dispatch Box about events this Thursday. I know that he will be patient in waiting to hear the detail that will be laid out then.

Moving on, my hon. Friend the Member for Huntingdon (Mr Djanogly) spoke interestingly of his visit to Ukraine. He shared some interesting reflections on the nature of Russian leadership and on the fact that no Putin does not necessarily mean no war—I thought that was a very interesting way of looking at it. He also speculated whether it is Putin or Russia that should be held accountable. He also spoke about the reconstruction effort and the funding thereof. I remind him that we are proudly hosting the Ukraine recovery conference in July next year. Given his long-standing interest in Ukraine, I know that he will take a good deal of interest in that event.

The hon. Member for West Dunbartonshire (Martin Docherty-Hughes) spoke movingly about accountability and war crimes. Again, I reiterate that I have visited the ICC and our determination and expectation that those who have prosecuted war crimes will be held to account. He set the conflict in a useful global context, which I thought was very interesting, and referred to resource terrorism, which is exactly what the constraints on the flow of grain from the Black sea amount to. He spoke about the existential nature of the Ukrainians’ noble struggle, and I was very interested to learn about the activities and operations of the Pride brigade, which is most welcome. I thank him, as ever, for his and his party’s ongoing support for the Government’s position on Ukraine.

My hon. Friend the Member for Isle of Wight (Bob Seely) spoke with characteristic knowledge and insight about the two-pronged approach of the Russian war machine and Surovikin—the use of the Dnipro defensive position on the river, and the abhorrent and entirely outrageous attempts to smash civilian infrastructure, including hospitals. He drew a morbid parallel with Syria, which was interesting, but of course it is deeply worrying. He also raised the terrifying spectre of the use of chemical weapons. I think he is right in his judgment that Putin has bought some time, but is there perhaps some sort of revolutionary endgame—who knows? I thought that my hon. Friend’s speculation and the various scenarios he laid out were interesting and based on a deep knowledge of that country, given his former residence there.