Israel and Palestine

Brendan O'Hara Excerpts

Monday 8th January 2024 Commons Chamber

[Mr Speaker]

I call the Scottish National party spokesperson.

[Brendan O’Hara (Argyll and Bute) (SNP)]

Thank you, Mr Speaker, and may I wish you and your staff a very happy new year?

Of course, it has not been a happy new year for the 2 million desperate and terrified people trapped inside Gaza, for whom 2024 brought further constant bombardment as well as the threat of famine and disease, with 50,000 people injured and almost 25,000 confirmed killed. That proves that repeated pleas from this Government and others for Israel to abide by international humanitarian law have been routinely ignored.

Scotland’s First Minister recently described what is happening in Gaza as “tantamount to ethnic cleansing”, and South Africa has asked the International Court of Justice to urgently declare Israel in breach of the 1948 genocide convention for its continued killing of Palestinians, the destruction of homes, the expulsion of people and the blockade of food, water and medical assistance. Do the UK Government think that Scotland’s First Minister and the Government of South Africa are wrong in their assessment of the current situation? If they are wrong, how are they wrong specifically?

[Mr Mitchell]

I thank the hon. Gentleman for his comments. The Government respect the role of the ICJ and we will of course follow what is going on with great care. We have always made it clear that it is up to the courts to determine these matters and that all parties must ensure that their actions are proportionate and necessary and minimise harm to civilians.

Israel and Gaza

Brendan O'Hara Excerpts

Tuesday 19th December 2023 Commons Chamber

[Mr Speaker]

I call the SNP spokesperson.

[Brendan O’Hara (Argyll and Bute) (SNP)]

I, too, send my very best wishes to the family of the hon. Member for Oxford West and Abingdon (Layla Moran).

As we know, later today the Government’s call for a sustainable ceasefire will be tested at the UN Security Council. If the Government again decide to abdicate their responsibility to humanity and abstain, they will be giving Netanyahu the political cover he needs to prosecute a war in which tens of thousands have already been killed and in which, at the weekend, according to the Latin Patriarch of Jerusalem,

“a sniper of the IDF murdered two women inside the Holy Family Parish in Gaza.”

If the UK is unable to support a ceasefire now, when will it? What has to happen before this Government say enough is enough, and that the indiscriminate killing of innocents, the blanket bombing of civilian infrastructure and the killing of journalists has to stop now? How many more breaches of international humanitarian law will it take for this Government to find the moral courage to say, “This has to stop, and it has to stop now”?

Trial of Jimmy Lai

Brendan O'Hara Excerpts

Monday 18th December 2023 Commons Chamber

[Mr Speaker]

I call the SNP spokesperson.

[Brendan O’Hara (Argyll and Bute) (SNP)]

I thank the right hon. Member for Chingford and Woodford Green (Sir Iain Duncan Smith) for securing this urgent question, and Lord Alton, Baroness Kennedy and the hon. Member for Strangford (Jim Shannon) for their continuing and unwavering support for Jimmy Lai, who, as a UK national, is entitled to expect much more support from the Government than he has thus far received.

A 76-year-old pro-democracy campaigner in ailing health has been imprisoned for more than 1,000 days on trumped-up charges, yet it was only yesterday that his Government finally called for him to be released. I hope that I have misunderstood the Minister, but are we to believe that the UK’s influence is so diminished that we cannot get access to Mr Lai in prison? Will she detail what practical support is being given to him now that his show trial has started, and will she give a cast-iron guarantee that, in the event that Beijing gets the verdict that it is looking for, the Government will proactively come to this House to make a statement on what action they intend to take, rather than having it dragged out of them through another urgent question?

[Anne-Marie Trevelyan]

I will not reiterate my previous answer on the subject of consular access and the challenges that we face in being able to support Jimmy Lai in that way. I reiterate the hon. Member’s point that many colleagues across the House have been ardent champions and supporters of Jimmy Lai, and indeed of his family as they seek to ensure that his case is understood across the world. We will continue to call for Jimmy Lai’s release. The national security law needs to be repealed. Those are messages that we will continue to highlight with the authorities at every possible opportunity.

Citizens’ Rights

Brendan O'Hara Excerpts

Thursday 14th December 2023 Commons Chamber

[Leo Docherty]

I am grateful to my hon. Friend for his question. His moment has come! The House should be grateful for his tremendous work in the days of the Department for Exiting the European Union, in which he served very ably for an extremely long time. The fact that citizens’ rights are in good shape is in no small part down to his setting up of the scheme. He is right to ask whether issues go right to the top. We make representations at the highest level—the Foreign Secretary discussed citizens’ rights with Vice-President Šefčovič very recently—so it has the full attention of ministerial and official effort.

[Brendan O'Hara (Argyll and Bute) (SNP)]

I thank the Minister for prior sight of his statement. I, too, am pleased that both sides appear to be working constructively to uphold the obligations laid out in the withdrawal agreement.

As we have heard, however, the situation remains far from ideal for many, including EU citizens living in the UK. I understand that during the meeting held earlier this month, the EU raised again the lack of clarity for EU citizens who hold new UK residence status, questioning whether their rights were guaranteed by the withdrawal agreement, or solely by domestic law. Perhaps the Minister could confirm whether it is the former or the latter.

The Minister spoke of his concern about UK nationals in the EU being unable to evidence their permanent residence rights in certain member states. I agree that that must be a huge concern for those involved, but it is also the case that 6 million EU citizens in the UK have digital-only immigration status. Given the long experience of the Home Office having a less than perfect track record of file maintenance, will the Government do something now about providing EU citizens with a physical back-up to confirm their immigration status?

There is also concern around those to who have been granted pre-settled status but who do not yet have, or who cannot evidence, five years of continuous residence. With 3,500 universal credit applications refused, the right to reside requirement appears to be almost a hidden form of no recourse to public funds. Would it not be far better to strengthen the bonds between the UK and the European Union by recognising EU citizens’ rights with access to social security?

Finally, can the Minister tell us what EU member states thought about the new salary threshold, which means that British citizens will be unable to live legally in the UK with spouses from EU member states? Did they see that as maintaining the constructive dialogue and remaining committed to upholding the rights of beneficiaries and their eligible family members, as the Minister suggested?

[Leo Docherty]

The hon. Gentleman asked about the route via which rights were applied. The withdrawal agreement guarantees the rights of those joining family members with settled status, and no one’s rights will be undermined by any other factor. He then asked about digital status. We live in a digital age, and this is overwhelmingly the convenient and efficient means of providing documents, but should individuals struggle with the digital means, a dedicated resolution centre is available, so there is recourse to assistance for the more analogue-minded individuals who might need it.

Of course access will continue. As we have seen—and I noted the numbers in the statement—the volume of applications reflects the fact that a large number of EU citizens are still coming to the UK to join family members under the arrangements set up by the withdrawal agreement. That, I think, is a positive reflection of the success of the scheme, and also of the fact that those people are attracted to live and work in the UK.

The hon. Gentleman invited me to go beyond the scope of the statement by commenting on the salary threshold. I will not accept that invitation, but I will say that I think there is a warm realisation between the UK and member states and the Commission that the withdrawal agreement is working well. Citizens’ rights are overwhelmingly in good shape, and there is that warm positivity between the UK, the Commission and member states to ensure that we get this right.

Venezuela: Threat to Guyana

Brendan O'Hara Excerpts

Thursday 14th December 2023 Commons Chamber

[Brendan O’Hara (Argyll and Bute) (SNP)]

I thank the hon. Member for Bridgwater and West Somerset (Mr Liddell-Grainger) for securing this urgent question. It is indeed ironic that the day after the excitement of COP, here we are discussing the potential annexation of one country by its larger and more powerful neighbour because of the discovery of a huge oilfield containing 11 billion barrels of light crude. It matters not that the 1899 border issue remains controversial for Venezuela, because it has to respect international law.

I am pleased that the International Court of Justice has warned Maduro not to take any action that could alter the status quo, but can the Minister tell me what discussions the UK Government have had with representatives of the ICJ? Have discussions been had directly with the Venezuelans on behalf of the UK Government? To what extent does he share my concern that our previously weak response to states using dubious referendums, followed by the use of military force, to annex parts of a neighbouring country, as Russia did to Crimea in 2014, has emboldened people like Maduro to believe that should he take military action, the consequence for him would be extremely limited?

[David Rutley]

Again, it is good to see support for Guyana across the House. Whether this is because of Venezuela’s aspirations about oil or some other matter, whatever that might be, its actions are completely unjustified. As the hon. Member indicated, we need to call it out. The 1899 border issue is settled. We support Guyana in its efforts to resolve this matter in whichever way it wants to through the ICJ, but it needs to be done peacefully.

The hon. Gentleman also makes an important point about Russia. These actions are opportunistic. There are huge issues geopolitically, and dictators or other Heads of Government should not seek to exploit these moments when there are far bigger issues at stake elsewhere in the world, so we need to call it out. As I said earlier, we are keeping this under very close scrutiny and will take whatever actions we think are appropriate, along with our regional partners.

Cyber Interference: UK Democracy

Brendan O'Hara Excerpts

Thursday 7th December 2023 Commons Chamber

[Madam Deputy Speaker (Dame Rosie Winterton)]

I call the Scottish National party spokesperson.

[Brendan O’Hara (Argyll and Bute) (SNP)]

I thank the Minister for prior sight of his statement. It makes for disturbing reading and I absolutely agree that Russia’s actions are completely unacceptable. That Members of this House and others have had their email accounts hacked is deeply concerning, but we know that this has happened before—indeed, it is probably happening right now—and we must accept that it will almost certainly happen again.

As the Minister said, Russia’s actions demonstrate a clear and persistent pattern of behaviour. Given that, have the Government considered making cyber-security training mandatory for all MPs and their staff? He will be aware of the belief that one of our weakest links in our cyber defences is our staff, who are constantly targeted by unscrupulous external actors. Although they are not House employees, it would be a reasonable precaution for MPs’ staff to receive in-house training on exactly what to look out for, how to avoid getting sucked into a trap and what they should do if they have even the slightest suspicion that they are being targeted.

Democracy is under attack. Just last week, the Canadian Government’s Communications Security Establishment released a new report on cyber threats to elections saying that at least a quarter of national elections around the world were targeted by some manner of threat, and that China and Russia were the most active countries and were launching increasingly sophisticated influence operations by spreading disinformation and seeking to push elections in a specific direction. Perhaps most worryingly, the Canadian report states in relation to AI undermining elections:

“We assess it very likely that the capacity to generate deepfakes exceeds our ability to detect them.”

With MPs facing having their emails hacked, the democratic process being undermined and the UK general election just around the corner, what are the Government doing to proactively defend the integrity of those elections, and when can the House expect to hear about it?

[Leo Docherty]

I am grateful for the hon. Gentleman’s comments and questions. He is absolutely right about the scale of the threat. Alongside our calling Russia out and describing the nature of the threat, it is important that we point out that Russia has failed in its intent to undermine our domestic politics. It was a genuine attempt that failed, and we are now more aware and resilient. That is why we are calling Russia out, but we should also be proud that the institutions of our democracy remain resilient. Russia has failed in its efforts and it will continue to fail because we will continue to call it out.

The hon. Gentleman made a very good point about staff training. I do not think we should mandate that, but we have worked on a much-enhanced offer to ensure that cyber-security is, root and branch, part of the normal working practice of MPs and staff. That offer has radically improved. The House authorities will continue to keep colleagues up to date. A higher degree of awareness in our working practice is very important and that is part of the rationale behind today’s statement.

Universal Declaration of Human Rights and UN Convention on Genocide

Brendan O'Hara Excerpts

Thursday 7th December 2023 Westminster Hall

[Brendan O’Hara (Argyll and Bute) (SNP)]

It is a pleasure to see you in the Chair, Ms McDonagh, for this debate to mark the 75th anniversary of the United Nations universal declaration of human rights and the UN convention on genocide. I sincerely thank the hon. Member for Rochdale (Tony Lloyd) for securing this important debate and for the way in which he opened it. I put on record my best wishes to the hon. Member for Henley (John Howell) and wish him a speedy recovery.

To pick up on what the hon. Member for Strangford (Jim Shannon) said, I too am disappointed that a debate of this significance, marking such an important milestone, has not attracted more Members. Irrespective of that, it has been a thoughtful and considered debate. I thank the hon. Member for Strangford, the hon. Member for Putney (Fleur Anderson), and my esteemed colleague, my hon. Friend the Member for Glasgow North (Patrick Grady), for the way in which they have participated.

What has come out of this debate is the harsh and disturbing truth that the UDHR and the genocide convention have rarely been more needed than they are right now. While we can take for granted the fundamental rights of freedom of belief, freedom of speech, human dignity and justice for all, for far too many people that is simply not the case. Attacks based on race, skin colour, religion, belief, gender, sexual orientation, ethnicity and so much else continue to rise in just about every part of the world. I thank the hon. Member for Strangford for his fabulous work as chair of the APPG for international freedom of religion or belief. He is right when he says that not all human rights breaches are violations of FORB, but all violations of FORB are a breach of fundamental, individual human rights, and FORB cannot be hived off or treated any differently.

Members will be aware that throughout this week, in just about every corner of the estate, events have been taking place to mark the UDHR and the genocide convention, with politicians, academics and religious leaders sharing their thoughts on how far we have come and how far we still have to go. Like many Members present, my diary was full of invitations to speak and to attend events, and I managed to get round as many as I could.

However, I will single out one event, which is the event on Tuesday that has been referred to already by my hon. Friend the Member for Glasgow North. It was the event organised by the all-party parliamentary group on human rights and the British Group Inter-Parliamentary Union. Various human rights groups came along, including ABColombia, Amnesty International, the Prisoners of Conscience trust, the Campaign for Human Rights in the Philippines, Freedom from Torture, Peace Brigades International UK, Survivors Speak Out, the University of York’s Centre for Applied Human Rights and Survival International.

Alongside each of those groups was one or more incredibly brave human rights defender—people working at the grassroots in their communities and facing extreme personal danger, but nevertheless doing the work. Listening to their stories confirmed the vital importance of the UDHR, how fragile it is and how we must all work to defend it. In the spirit of what my hon. Friend said, those young people were not just there defending their own human rights or those of their community; they are on the frontline of defending the human rights of every single one of us.

As we have heard, it was on 9 December 1948, in the wake of one of the most heinous episodes in recorded history, that the countries that were then members of the United Nations formally adopted the convention on the prevention and punishment of the crime of genocide. The following day, 10 December 1948, they signed the universal declaration of human rights.

As Professor Brett Scharffs, Director of the International Centre for Law and Religious Studies at Brigham Young University, said at a meeting here in Parliament yesterday, the people behind those conventions,

“were not starry-eyed idealists, nor were they naive. They were battle-weary statesmen and women who had come through two devastating World Wars and were sincerely searching for a better way. Their hope, their optimism and their idealism was hard-earned.”

In a world still reeling from the unspeakable horror of the holocaust, world leaders came together with one voice, saying, “Never again.” Never again, they declared, would the world be plunged into a global conflict of the kind that had dominated most of the first half of the 20th century, and never again would the world be reduced to being a passive bystander when a people or group were facing systematic persecution, ethnic cleansing or genocide based on their nationality, race, religion or ethnicity.

Those world leaders, who had seen for themselves the horrors of the Nazis and who had lived through them, fervently hoped that this new treaty was going to be one of the most transformative and important pieces of legislation in our history. When they said, “Never again”, they meant it. Those dates, 9 and 10 December 1948, changed everything because, as the hon. Member for Putney said, from then on states were not only committed to having a legal obligation to criminalise genocide and punish the perpetrators; they were legally obliged to act if they became aware of a serious risk of genocide.

In reality, unfortunately, it would be more accurate to say that 9 and 10 December 1948 should have changed everything, because bitter experience tells us that gross violations of human rights and genocides have not stopped in the intervening 75 years. Indeed, the crime of genocide has continued almost unchecked, in the killing fields of Cambodia, Bosnia, Rwanda and Darfur, in the mountains of Sinjar, in Syria, in Myanmar, and in many other places.

Despite 150 countries being signatories to the genocide convention, making them legally obliged to act against genocide, we still witness atrocities in Ukraine, Tigray, Darfur, Xinjiang, Afghanistan and Gaza, while other areas display the early warning signs of being at risk. As we mark the 75th anniversary of the UDHR, the sad reality is that the noble ambition of its founders has been lost in a fog of political expediency and the quite uncanny ability of world leaders to ignore the blatant reality of what is staring them in the face.

In 2023, world leaders still roundly condemn atrocity crime, but because of the legal obligation that the genocide convention puts on them, they are still reluctant to call it what it is: a genocide. To avoid having to adhere to their legal responsibilities, they find it easier to ignore the reality of what is happening, thereby fostering a widespread expectation of impunity among the perpetrators.

Sadly, in my experience, when a President, Prime Minister or Secretary of State solemnly declares, “Never again”, what they are in fact saying is, “I genuinely hope this never happens again, but should it happen again on my watch, don’t expect me to do very much about it.”

As was highlighted by the hon. Members for Strangford and for Putney and my hon. Friend the Member for Glasgow North, a huge part of the problem is that this Government still have no atrocity prevention strategy. As late as November 2021, when asked why they do not have one, they replied that they did not believe it was necessary. Minister, is that still the Government’s position? After all that we have seen in Ukraine, Gaza, Tigray, Darfur and Xinjiang, is that really still the UK Government’s position? If it is, will the Minister explain how he thinks that is working?

I expect there to be much backslapping and lots of self-congratulatory speeches in the coming days as the world marks those truly momentous days in December 1948, but it is worth taking a few moments to reflect on the reality of just how far we have actually come in the last 75 years and perhaps consider how those hard-bitten, battle-weary architects of the UDHR and the genocide convention would view what we have done to achieve their ideal of ridding the world of genocide and atrocity crime.

Gaza: Humanitarian Situation

Brendan O'Hara Excerpts

Monday 4th December 2023 Commons Chamber

[Madam Deputy Speaker]

I call the Scottish National party spokesperson.

[Brendan O’Hara (Argyll and Bute) (SNP)]

Exactly as it said it would at the end of the humanitarian pause, Israel has resumed its offensive in Gaza with full force, including an appalling attack on the Médecins Sans Frontières aid convoy. Official figures estimate that 1,000 Palestinians were killed this weekend alone. A massive cull of innocent civilians is taking place right now. It is blatantly obvious that all appeals made by the UK Government and others for Israel to avoid civilian casualties are being ignored. I wonder just how much this Government regret giving Netanyahu that blank cheque, particularly as millions of displaced people are being squeezed into a wasteland on the Egyptian border and the indiscriminate bombing continues. At the weekend, the EU’s foreign policy chief, Josep Borrell, echoed Scotland’s First Minister, saying:

“The solution can only be political”

and “centred on two states.” And he is correct. What is holding the UK Government back from officially recognising the state of Palestine, as a fundamental first step to achieving a long-term solution to this awful crisis?

[Leo Docherty]

I am grateful for the hon. Gentleman’s contribution. We are painfully aware of the tragic and significant human impact of the miliary operation, especially with regards to civilian casualties. But the issue should not be simplified to the degree where we forget that Hamas are a terrorist group that are prosecuting atrocities. We must see the civilian casualties as a product of the terrible conflict resulting from Hamas terrorist atrocity of 7 October. We continue to argue very strongly to Israel that military operations must be conducted according to humanitarian law, avoiding civilian casualties. On the two-state solution, one of the major obstacles is Hamas—a terrorist group committed to the destruction of Israel. If Hamas were in charge, there would be no two-state solution. A necessary prerequisite is the evolution of a better form of Palestinian leadership in Gaza.

Israel and the Occupied Palestinian Territories

Brendan O'Hara Excerpts

Tuesday 14th November 2023 Commons Chamber

[Mr Speaker]

I call the spokesperson for the Scottish National party.

[Brendan O’Hara (Argyll and Bute) (SNP)]

I thank the Minister of State for prior sight of his statement, but here we are on day one of the new FCDO regime and already we see the absurdity of having a Foreign Secretary who is unable to come to speak in this Chamber to elected Members at a time of grave international crisis.

The Minister is right to highlight the appalling loss of life in Gaza, particularly among children and aid workers. Sadly, there is little sign of that ending soon as the bombardment intensifies. He is also right to say that a humanitarian crisis is unfolding.

A couple of weeks ago, I asked the previous Secretary of State whether he had been made aware, or had reasonable grounds to believe, that Israel had breached international humanitarian law in its response to the atrocities of 7 October. He steadfastly refused to answer that question, so I ask the Minister the same question. If he has, what representations has he made to the Israeli Government and what response has he had?

There can only be a political solution to this crisis, and one has to be found before the entire region is engulfed. That is why a ceasefire is essential: to end the unprecedented levels of killing and destruction, allow full humanitarian access, secure the release of the hostages and find a political solution that does not include Hamas. Four-hour pauses are not the answer. Can we expect the new Foreign Secretary to change tack and support our calls for an immediate and unconditional ceasefire, so that there is space for that political solution to be found?

Tomorrow, the House should have an opportunity to show its support for a ceasefire. I and every one of my SNP colleagues will be there to support an immediate ceasefire, and I would expect Labour party Members from Scotland to be in the Lobby with us. Without justice, there can be no peace, this horrific cycle of violence will continue and more Israeli and Palestinian lives will be lost.

[Mr Mitchell]

The hon. Gentleman underlines the loss of life and the causes of it. He knows our position on a ceasefire—it is a position shared by Members on the Opposition Front Bench—and he also knows the absolute commitment we have to try to drive forward pauses. They must be safe pauses for the delivery of humanitarian relief, but he knows of our commitment on that.

The hon. Gentleman asks me about humanitarian law. Robert Mardini, the director general of the International Committee of the Red Cross, has made clear that Gaza hospitals, treating hundreds of wounded people, cannot be targeted under any circumstances. The hon. Gentleman will know that the ICRC is the guardian of international humanitarian law and the Geneva convention, and Robert Mardini has said:

“Hospitals are to be absolutely protected at all times.”

Finally, the hon. Gentleman makes a point about a political solution. I draw his attention to my final comments in my statement, about how we have to focus on that and on the two-state solution, and about the need for hope and opportunity to drive forward the politics in this dreadful situation.

Oral Answers to Questions

Brendan O'Hara Excerpts

Tuesday 24th October 2023 Commons Chamber

[Mr Speaker]

I call the Scottish National party spokesperson.

[Brendan O’Hara (Argyll and Bute) (SNP)]

Has the Secretary of State seen any evidence, been made aware of any evidence or had reasonable grounds to believe that Israel has breached international humanitarian law in its response to the Hamas atrocities on 7 October?

[James Cleverly]

I am not in a position, and indeed it is not my role, to make an assessment of the interpretation of events that are unfolding as we speak. There will, of course, be assessments of the nature of international humanitarian law. We are trying to make sure that, in all of its actions for its legitimate self-defence, Israel abides by international law.

[Brendan O’Hara]

If it is not the Foreign Secretary’s responsibility to make that assessment, I wonder whose it is. He knows that international humanitarian law is unambiguous in saying that the collective punishment of a civilian population is illegal. Is he telling us that he is unaware, or has seen no evidence, that people have been forced from their homes and that their water, food, power and access to medicine have been cut off? Or is he actually saying that all of this has happened but the UK Government have unilaterally decided that international humanitarian law does not apply to this conflict?

[James Cleverly]

The hon. Gentleman undermines his own question by making the assertion that his interpretation of international humanitarian law is, by default, one to which I have to subscribe. His definition of what is happening is not one that I necessarily agree with.