Commission Work Programme 2014
Brian Binley Excerpts(10 years, 10 months ago)
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Mr Brian Binley (Northampton South) (Con)
It is important that the House considers the European Commission’s work programme, as we have done before.
The Greek presidency has the potential to make a major difference to the EU at this critical time, and we should have every hope that it will attempt to make those changes, bearing in mind the recent history of the Greek Government. Greece is arguably one of the greatest victims of the bungled “integration at any price” agenda of those behind the European project and should be well placed to showcase the dangers of recent approaches. This was an opportunity for European integration to change course, but the message from the programme of the Greek presidency is that that process of political integration and state building continues apace regardless. This document and agenda do little to address the very real concerns of ordinary voters across the EU and convey that detached superiority of a complacent unaccountable elite. At a time when Europe teeters on the brink, this work programme presents an agenda for ever-more integration, justified in language that would cause even the most cynical to take note.
We are promised that the Greek presidency will
“reverse the current trend of youth unemployment”
as part of the effort on economic growth and job creation, but it seems that the main output is to
“enhance the implementation of the Compact for Growth and Jobs”,
whose relevance is worthy, to say the least, of deep scrutiny. If we want to reverse the trend of youth unemployment as well as put right many of the wider ailments of the European economy, we need to revisit the entire economic model on which the European project is based. Instead of a burdensome, overbearing single market driven by a social model that is neither desirable nor affordable, we need a much lighter, more flexible and trade-focused agenda for wealth creation and prosperity.
That is not, however, the priority of the Commission. Instead, we are promised a further push on the integration of the EU and the eurozone. The work programme undertakes to push hard on banking union, and promises to
“create a well coordinated Economic and Monetary Union with a view to ending the instability and uncertainty observed in particular in the ‘periphery’.”
Are they talking about the fastest-growing economy in the world when they talk about the periphery? One wonders whether that is how they see Britain.
Perhaps of the greatest concern is that we are promised
“a particular focus on the social dimension”
of European monetary union,
“which, for the first time, will be integrated into the European Semester cycle”.
Mr Cash
My hon. Friend refers to banking union. For the last two and a half days, I have attended a conference in Brussels, in which it was explicitly said, over and over again, that it was crucial to get the banking union proposals through. They pleaded with national Governments to get those proposals through before the European elections, because they fear that if they do not get them through before then, they will never get them through.
Mr Binley
My hon. Friend is, of course, right. We know that banking union was proposed as a last-ditch effort to give some confidence to the market, but I doubt whether these are the key economic promises for businesses across the EU—that is the truth of the matter. They are a long way from where voters would like the political emphasis to be placed—especially, if I may say so, in this country.
It is difficult to reconcile these priorities with the economic realities, particularly within the eurozone. As we emerge tentatively from recession, alongside the United States, the eurozone continues to face a crisis of existential proportions. The promising picture in Ireland and Spain, as well as improved confidence, is more than offset by the risk of a widespread deflationary spiral and the worrying travails of the French economy, which, being socialist-driven, frightens most of the people in most of the countries across Europe.
Mr Douglas Carswell (Clacton) (Con)
Does my hon. Friend agree that there is almost nothing in the Commission work programme that seems to correspond with this Government’s stated priority of trying to change and reform the EU fundamentally to our advantage?
Mr Binley
Tragically, this particular report makes the Government’s task even more difficult. These are real problems that need to be dealt with very quickly.
The levers of monetary policy within the single currency have been almost completely exhausted: with interest rates at just 0.25%, it seems that the Commission’s only response is a further push for integration. It is as though it were blinkered like a racehorse. It is aiming in only one direction which everyone believes will lead to failure, but its duty is to ensure that jobs for the boys in the European Commission continue to be its prime objective. That problem is caused by the fact that—as we all know—the European Parliament has so little control. The answer is not to give it greater control, but to ensure that control is sent back to sovereign Parliaments where democracy is alive and well, and, I am delighted to say, living in Westminster. At least, I hope that that is what the Government will try to prove.
The proposals for banking union are chaotic, underfunded and unnecessarily complex. How can a single banking union operate in the context of national vetoes? We do not know the answer. Why is there still no agreement on responsibility for the collective costs? We do not know the answer to that either. If the banking union proposals lack credibility, they will not enhance the prospects for growth and prosperity; indeed, they will do the reverse. These proposals were made on the edge of desperation, in an attempt to give some stability to a market that clearly did not believe in a European currency.
We need a different relationship with the European Union as never before, and we need it more urgently than ever before. I call on the Government and the Minister to ensure that we start talking very soon about the red lines of negotiation. That does not mean talking about the details of renegotiation, but it does mean talking about the overall areas in which we need to renegotiate. Sadly, the Government have been immensely silent about that, and I fear that unless they start talking about it before the European elections, it could well rebound on us.
I appeal to the Minister to ensure that we have a proper discussion, so that we can present to the British people a vision of genuine negotiation on issues that genuinely matter to them. That may well enable this Parliament to do one of the greatest services that it has ever done to this country.
European Union (Referendum) Bill
Brian Binley Excerpts(11 years ago)
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Mr Hain
May I also express my delight at seeing you in the Chair, Madam Deputy Speaker, and respond briefly to the hon. Member for Windsor (Adam Afriyie) by asking whether he has so little confidence that his party will win the next general election that that is the reason for rushing to an early referendum?
I wish to speak to amendments 77 and 78, which I tabled. Amendment 77 would ensure that if there is a referendum in 2017, as the Government propose, it would not fall during the UK’s presidency of the European Union. It would be absurd to have a referendum process running conterminously with our presidency of the EU. Amendment 78 would ensure that there would be a delay of at least 28 weeks—roughly seven months—between setting a date by order for a referendum, and the referendum itself, to allow for full consultation. That point is the burden of my contribution today.
I support the amendments tabled by my hon. Friend the Member for Glasgow North East (Mr Bain) and new schedule 2, to which I have added my name, which also calls for greater consultation. I am worried that Britain may be sleepwalking into withdrawal from the European Union without realising that that would be the result of circumstances created first by the Prime Minister’s referendum timetable, and secondly by the Bill. An exit would be catastrophic for British jobs and prosperity, which is why any referendum, and particularly any date for a referendum as specified in amendments, should be considered only after the fullest possible formal consultation with the British people.
Mr Brian Binley (Northampton South) (Con)
Will the right hon. Gentleman explain why an exit would cause the loss of loads of jobs in this country when we have a balance of payments deficit with the EU of some £70 billion?
Mr Hain
I am grateful that the hon. Gentleman raises that issue as I will deal with it later on and call for greater consultation on the matter. Unless the facts are revealed objectively and all organisations are properly consulted, people will not be in a position to make a sensible decision about whether to vote yes or no in the referendum he seeks.
The great flaw in the Bill is that it proposes no such consultation and there is no obligation on the Government to consult anybody. Other than a campaign that will be compressed into a particular period, and the inevitable media focus at the time, there is no sense that everybody will be involved in the great debate on an historic issue for the future of Britain, and indeed Europe. The Bill sets an arbitrary time limit without placing any obligation on the Government to consult. The referendum itself will be the only “consultation”—by bouncing voters into a decision by the end of 2017 or, if the hon. Member for Windsor gets his way, by October 2014.
For example, the business community needs to be properly consulted—paragraph (j) of new schedule 2 specifies how it could be consulted. The CBI, to which specific reference is made in the new schedule, recently reported that eight out of 10 of its members, including roughly the same proportion of its small and medium-sized enterprise members, said that they would vote for the UK to remain a member of the EU if a referendum were held tomorrow. The CBI should be properly consulted, not simply presented with a referendum on an arbitrary date. Nearly three quarters of CBI member businesses reported that the UK’s membership of the EU has had a positive overall impact on their business. They should be consulted, too, so that everybody, whether employees or management, can transmit their view to the wider community.
European Union (Referendum) Bill
Brian Binley Excerpts(11 years, 4 months ago)
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Mr Alexander
I am keen to make a little progress.
I believe that the case for membership of the European Union is clear and, as I have acknowledged, that the case for change is clear. That is why reform and not exit is the right road for the UK.
Mr Alexander
I am keen to make a little progress. I have been generous in taking interventions.
In the face of such a severe economic crisis, Europe needs to be better focused on promoting growth across the continent. That is the priority for national Governments and that should be reflected at a European level. There is of course pressing work to be done, on which I hope there is cross-party agreement, such as the completion of the single market and its extension into digital, energy and finance. The rescue of the currency, protections for the single market and the revival of the prospects for growth should be Europe’s priorities for change.
On so many issues that matter—jobs, growth, trade and security in central Europe and the middle east—the EU remains an indispensable force multiplier for all its members. That includes the United Kingdom. Our membership gives us access to the single market, a stronger voice on international trade and amplified influence on international diplomacy. That is why, when today’s spectacle of a Tory party talking to itself is long forgotten, we will continue to make the case for Britain’s place in Europe and for change in Europe.
Mr Cash
I totally agree. My hon. Friend and I, with other Members, have debated this in complete unity, for the same reason: freedom is about freedom of choice. In parliamentary and constitutional terms, freedom of choice depends upon freedom of choice at the ballot box and in the marketplace. If we get the first, the political choice, wrong, as has been going on with this European Government, we will end up with austerity, small and medium-sized businesses not being able to work properly, and massive unemployment among young people, which I know Opposition Members are worried about, as are we on the Government Benches.
When 65% of the young people in several countries in Europe—Spain, Greece and so on—are unemployed, that is unacceptable and it is a direct result of the way in which the European Union has been centralised. Opposition Members have been saying recently, “We do not like the centralisation”—people who are completely in favour of the European Union, until they suddenly realise that the centralisation is creating austerity, unemployment and misery for those young people. It is unacceptable.
Mr Binley
Does my hon. Friend agree that those who perpetuate the myth of the single market, arguing that the UK will lose 3 million jobs if we come out, fail to take account of the fact that there is a £70 billion surplus, and no business in Europe will cease to trade with this country whether we are in the single market or not?
Mr Cash
Furthermore, with respect to our trade deficit, as I have said on a number of occasions, in 2012, according to the Office for National Statistics, we had a trade deficit of £70 billion with the other 27 member states. To give the point some substance, Germany, on the other hand—no wonder there are two Europes, which are increasingly becoming German-oriented—had a trade surplus with the other 27 member states in 2011 that has now gone up to £72 billion.
It is not really a European Union any more. It is so heavily dominated, wilfully or otherwise, by the circumstances that have created that imbalance, and that of course has its effect on the qualified majority voting. That is why we have to have a referendum, and we need to have it sooner rather than later, because the fundamental renegotiation itself is dependent on the fact that the circumstances have already arisen, and as I said just now, not necessarily with a new treaty.
Mr Dodds
The hon. Gentleman makes a very important point. He reminds the House and the public of the pledges and guarantees that have been given in the past. We need this Bill to enshrine in law a commitment to giving people their say, because they are fed up with broken promises. They have found that they cannot trust the political class generally on pledges on Europe, because whichever party is in power becomes sucked into the ever-increasing desire to have ever-closer union. That is simply unacceptable.
Mr Dodds
No. Having said that I would be brief, I want to conclude my remarks and not get sidetracked any further.
On the issue of austerity, at a time when this country is facing major cuts and when personal and household incomes are affected, it is absolutely scandalous that between 2007 and 2013 the UK will have contributed £29 billion on EU structural funds and received back only £8.7 billion to spend in this country. That is simply unacceptable and it is damaging to communities and households right across this United Kingdom.
There was some hope that the negotiations for the 2014-20 multi-annual framework would lead to a sea change in EU spending, and I congratulate the Prime Minister on what he has managed to do. However, despite a Council agreement to reduce the budget, the trend of waste and inefficiency will continue. Spending on the unaccountable EU civil service will rise by 2%. The organisation already employs 3,000 unelected officials on salaries of more than €150,000 and gold-plated pensions.
The European External Action Service, which a Minister told us a year or two ago would not cost us any more and would be neutral in terms of expenditure, is in line to receive a spending increase of more than 3% for its role in undermining the foreign policy of countries across Europe. The EU’s 56 quangos will receive an increase of 4% under the new budget. That is not to mention specific examples, such as the House of European History, which, for those Members who have not heard about it, will cost—believe it or not—£136 million. British taxpayers are contributing £18 million to that project.
The European Parliament continues to split its activities over three locations—something that my party in the European Parliament is deeply opposed to and fighting to change—and it will cost €1 billion to have two places, Brussels and Strasbourg, as the seat of the European Parliament over the next seven years. That is why it is essential that the people have their say on these issues. They are examples of why the waste and inefficiency need to be exposed.
The fundamental point is that on these issues, whether they be expenditure or setting policy with regard to agriculture or foreign affairs, it should be for the British people, through their elected representatives in this House, to decide the policy of the United Kingdom. It is not for unelected people in Brussels to forge for the people of the United Kingdom an ever-closer political union that they do not want. This House will fail in its duty if we do not respond to supporters of all of our parties who want a say, a voice and a vote. I commend the hon. Member for Stockton South for proposing this Bill and urge all hon. and right hon. Members to support it in the Division later.
Mr Nuttall
I did say that it was widely referred to as the Common Market. It was called the European Economic Community, then the word “Economic” was dropped and it became the European Community, as the hon. Gentleman rightly says. It then changed from the European Community to the European Union as ever-closer union began to take effect.
Mr Nuttall
My hon. Friend makes a very good point.
My point is simply that we have seen a gradual extension of the powers of the European Union. That is just one of the many reasons why an increasing number of people are reaching the conclusion that I have reached: our country would be better off out of the European Union.
I want us to trade with our European neighbours, but I do not see why we should have to pay billions of pounds every year for the privilege of doing so, particularly when we buy more goods from them than they buy from us.
Europe
Brian Binley Excerpts(11 years, 9 months ago)
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Mr Brian Binley (Northampton South) (Con)
I welcome this debate, allowing us to reflect on the Prime Minister’s speech of last week. I also welcome not only what he said, but the considered and direct way in which he said it. He is to be congratulated on his straight and direct approach. Politicians must be clear; they are the architects of their own downfall when they are not. Whatever people’s view of the content of that speech, there can be little ambiguity regarding the Government’s approach to Europe in the future. For too long there has been a tendency for politicians to hedge with supposedly clever words, enabling a later get-out, almost as though they wish to be all things to all men. By golly, we had a wonderful example of that today from the Opposition Front-Bench spokesman.
Albert Owen
I do not think the Prime Minister could have been any clearer when he said he was going to give a cast-iron guarantee on the Lisbon treaty—and he failed to do so. Was the hon. Gentleman alluding to the Prime Minister?
Mr Binley
In keeping with a tradition first established by Labour—so we will not go too deeply into that question.
I am delighted that the Prime Minister rejected the ploy of not straight-talking last week, and spoke directly to the British people in terms they could understand. He also dealt plainly with the “R” word, and he was right to do so.
Mr Kevan Jones
The hon. Gentleman says that the Prime Minister has been straight-talking, but he will not say what the red lines are in the negotiations and how he will handle them. He also will not give a commitment on how he will vote in a referendum if he does not get what he actually wants. What is straight about that? Is it just a political fudge for the Back Benchers in the Tory party?
Mr Binley
I am not sure whether the hon. Gentleman has ever been involved in business negotiations. Business people start by saying they will negotiate, then think about how they will negotiate, and then undertake those negotiations. That process is occurring at this very moment, I hope. I hope the hon. Gentleman is satisfied with my answer, and that I can make some progress.
The starting point for this debate, on which almost everybody is agreed, is that the present arrangements are going to have to change. The pressures within the eurozone will require a greater convergence than the current sticking-plaster approach allows. Increased integration among eurozone member states will require a new settlement, and that will include a new settlement for those outside the zone, too.
It may not be necessary to create a new treaty, although I would put money on the fact that the Germans will want one, but another quick political “fix” is no way to put right the fundamental issues that have confronted the single currency. There may be a need for a more centralised fiscal eurozone, and that means there is no place for Britain. It means at least a two-tier Europe, and that could raise its head before the next election. We need to be doing the contingency work now, to be prepared for that possible outcome. I assume that such contingency work is under way, but I look appealingly to the Minister for Europe to assure us on that point.
When Europe looks to achieve that new settlement, it is right that we should present a positive vision for our own future. The Prime Minister has outlined the principles which will underpin the approach to those discussions, and the outcome of the negotiations will determine his approach to the referendum—which, incidentally, I quite look forward to. This debate is an opportunity for the House to provide some further detail on what we want the Prime Minister to achieve in those deliberations.
Damian Collins (Folkestone and Hythe) (Con)
Does my hon. Friend agree that the reason the Prime Minister is right to set out the referendum commitment is that no attempt to renegotiate will be taken seriously unless that sanction is clearly in place?
Mr Binley
I am most grateful to my hon. Friend and, of course, he is absolutely right. One clearly does not enter into renegotiating a relationship without giving a bottom line. That seems to me to be eminently sensible. [Interruption.] I again point out to Opposition Members who know so little about business that it is a business practice.
It is right to attempt to create a new settlement, and I share the Prime Minister’s view that the overriding purpose of the European Union now is to secure prosperity. I have heard a lot about Nissan. Sadly, Nissan got it wrong. It built motor cars for the European Union, and what has happened to the European market? That is one of the problems we face when we cannot trade globally, and that is why we want to create a new situation, allowing us to talk to the wider trading world.
The shift of economic power over the last decade or so has been immense. New consumer markets have emerged in many parts of the world, and Europe’s demographics and regulatory posture are not configured in our favour. One of the most important priorities in these negotiations —I again look appealingly to the Minister—is that they deal mainly with economic and trade matters, because that is where we started with Europe. The fact that we have allowed such discussions to proliferate is one of the problems we face.
I also want to confront those who argue about uncertainty. The eurozone is facing an existential challenge, and unprecedented levels of uncertainty still abound. The relationship between eurozone and non-eurozone member states is in a considerable state of flux. Trends in popular opinion in this country show increasing frustration at the nature of our existing arrangements with the institutions of Europe. Maintaining the status quo without any regard to what needs to change in future will create far greater levels of uncertainty than anything else. In his speech last week, the Prime Minister acknowledged that point. He said that we need to move forward, and I welcome that view.
The Prime Minister was right to state:
“The future shape of Europe is being forged.”
The challenge of a new world of eurozone and non-eurozone member states needs adequately to be addressed —for the sake of both sets of parties. We need to do more to position ourselves to succeed in the global village, with a proactive and helpful approach to global trade.
Today, Europe is not working. The Prime Minister wants to put it right, and to engage the consent—thank the Almighty!—of the British people. If he succeeds, then we will have arrangements that suit our needs and interests, and that serve the wider ambitions of the wider continent. I believe that this will be a compelling message across Europe. I look forward to the Minister’s assurances on the matters I have raised, which are important in this unfolding debate.
EU-UK Relationship (Reform)
Brian Binley Excerpts(12 years, 2 months ago)
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Westminster Hall is an alternative Chamber for MPs to hold debates, named after the adjoining Westminster Hall.
Each debate is chaired by an MP from the Panel of Chairs, rather than the Speaker or Deputy Speaker. A Government Minister will give the final speech, and no votes may be called on the debate topic.
This information is provided by Parallel Parliament and does not comprise part of the offical record
Andrea Leadsom
I have been following that matter and know that the Prime Minister has said that he will be responding shortly, so I am sure that my hon. Friend’s question will be noted.
Mr Brian Binley (Northampton South) (Con)
Does my hon. Friend recognise the need for contingency planning and negotiation before a referendum? Will she be urging the Minister that contingency plans need to be created now and announced well before the European elections in 2014, and will she tell the Minister that, in this country, the F-word is impolite?
Andrea Leadsom
Yes. I thank my hon. Friend for that intervention. I am coming straight on to that point now, so I am very pleased that he has raised it.
The EU is already a significant trading partner, but there are significant opportunities for growth. Services account for 71% of EU GDP, but only 3.2% of that comes from intra-EU trade, and the UK Government continue to push for the completion of the single market, especially in services. Financial services gave us 11% of our tax receipts in 2009-10, providing a trade surplus of £31 billion in 2010. Financial services is an incredibly important sector in which there is enormous capacity for growth. Of course, that is why the Prime Minister used his veto last December.
What are the alternatives to EU membership? There are probably four. First, there is most favoured nation terms, under which around half of manufactured exports to the EU would face an average tariff of more than 5%, with some sectors being particularly badly hit, such as UK car exports, which would face a tariff of 10%. That would have a significant effect on UK business, making us a far less attractive location for foreign direct investment. In addition, the UK would lose its influence on framing EU regulations, so it would be required to buy in to EU regulations in order to trade with the EU but would have no say in framing them.
Andrea Leadsom
I would just like to get through my list of alternatives and then I will give way, if my hon. Friend wants to make a point. I am conscious that lots of other people want to speak.
The second alternative is the European economic area option, or the Norwegian option. The UK would be outside the customs union and hence subject to complex and costly rules of origin. The UK would still be subject to most EU regulations, but it would have limited or little ability to shape them. Access to the single market for goods and services would be maintained; the UK would not be subject to common agricultural policy, common fisheries policy or regional policy; and the UK budget contribution would probably be significantly reduced.
The third alternative is a free trade agreement or the Swiss option, under which the UK would be outside the customs union and subject to rules of origin, but would not be formally subject to EU social or product regulation. In practice, all product regulation would probably be replicated in order to export to the EU. Again, under this option the UK would not be subject to CAP, CFP or regional policy, and the budget contribution would probably be significantly reduced. Free trade would be subject to a negotiated agreement.
Fourthly and finally, there is the option of being part of the customs union, or the Turkish option, under which the UK would be a member of the customs union, with free access to trade for goods, but services and agricultural products would not be covered by that option. The UK would be required to negotiate free trade agreements with any country with which the EU opens trade negotiations. We would be outside the EU treaties and institutions, so we would not be subject to CAP, CFP or regional policy, and it is not likely that we would have to make a significant budget contribution. We would not be subject to social regulation, but we would be subject to all product regulation with no ability to influence the shape of it.
Mr Binley
Mr Hollobone, I must point out that I am sitting on a Statutory Instrument Committee this morning and I know that you would not want me to miss that, so I will have to go very shortly.
Will my hon. Friend destroy the myth and say that, because of the £57 billion deficit with Europe, Europe is not going anywhere in trade, simply because it is not in its interests?
Andrea Leadsom
That is absolutely correct in principle, but as my hon. Friend—being a business man himself—would admit, we cannot simply change overnight, so we would be subject to an exceedingly long-term renegotiation with enormous complexities along the way. It is not quite as simple as he puts it, but yes, essentially I agree with him—it is certainly in the EU’s interests to continue to do business with us, even more than it is in our interests to do business with the EU.
Personally, I think that if we were to leave the EU, the world would not end, but my point is that it would be far better for Britain to negotiate better terms and to remain part of the EU.
Iran
Brian Binley Excerpts(12 years, 9 months ago)
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Geoffrey Clifton-Brown (The Cotswolds) (Con)
I felt like intervening on the right hon. Member for Belfast North (Mr Dodds) to give him a fourth minute of extra time, but I restrained myself. I congratulate my hon. Friend the Member for Basildon and Billericay (Mr Baron) on securing the debate, but that is as far as I can go, because I disagree with almost every word he said. I strongly agree with my right hon. and learned Friend the Member for Kensington (Sir Malcolm Rifkind), who moved the amendment. We need to be very careful about how the tone of the debate comes across and ensure that it is not bellicose. I agree with almost everything he said, with one exception: I think that any military intervention in Iran would not be a short-term matter and would become a longer-term matter, as my right hon. Friend the Member for Mid Sussex (Nicholas Soames), who is no longer in his seat, made clear.
Having said that, the Iranians—the Persians—are a proud nation with a very ancient history. They have a very educated middle class, and I doubt very much that they approve of what the Iranian leadership is doing. Nevertheless, they do have such a leadership. There will be elections on 22 March for the legislative assembly and next year for the presidency. As has been said, President Ahmadinejad cannot stand again, so there will inevitably be a change of regime. As we heard from the former Foreign Secretary, the right hon. Member for Blackburn (Mr Straw), a change of regime can bring about a change of policy, so we do not know what will follow in Iran when President Ahmadinejad retires. We do know that Iran has defied six UN Security Council resolutions. President Ahmadinejad recently said that he will secure an important nuclear achievement, and we know that he is trying to achieve the 20% threshold. I appreciate the semantics my hon. Friend the Member for Basildon and Billericay used, but I am in no doubt that the regime is trying to acquire the capability to produce nuclear weapons. If it manages to acquire that capability, I am pretty certain that it will use it. I do not think that we disagree thus far.
I am sorry that the right hon. Member for Dwyfor Meirionnydd (Mr Llwyd) is no longer here, because in the debate in this House on 24 September 2002 on whether to go to war with Iraq I said that I doubted whether the dodgy dossier was true and whether there were any weapons of mass destruction. I went on to say that if we weakened Iraq we would have problems with Iran, and that is exactly what we are seeing today—Iranian interference in Iraq on a huge scale. It is trying to destabilise the schools, and I doubt whether President Maliki can do very much without authorisation from his Iranian paymasters.
Geoffrey Clifton-Brown
As my hon. Friend, who is often spot on, will know, Iraq is virtually a proxy state of Iran. That is a hugely important step for the world, because both countries combined have 19% of the world’s proven oil reserves, so instability in the region will lead to a real problem. That compares with a figure of about 7% in Kuwait and about 2% in the United Arab Emirates. To put it into context, the figure for the proven oil reserve in the hands of Iran and Iraq is very significant indeed.
The Iranian regime not only promotes instability and terror in its own country—the example was given of five executions only last night—but is one of the greatest exporters of terror around the world. I have always been a supporter of Israel, but I would shudder to live in Israel today, with Hezbollah from the Syrian state and Hamas from the Palestinian state. The Israelis are in a very difficult position. If war were to break out in Iran, I agree with my right hon. Friend the Member for Mid Sussex that the proxies in the region, such as Hezbollah and Hamas, would become even more active than they are at present.
I agreed with my right hon. Friend the Foreign Secretary when he said at the weekend that Iran acquiring nuclear weapons could trigger an arms race in the middle east. One or two Members have disputed that, but we should look at history and the example of Pakistan and India. The moment one got nuclear capability, the other had to have it. If Iran acquires a nuclear capability, Saudi Arabia will probably do so, the Syrian regime, if it survives, will certainly want to, and perhaps other states in the middle east will, too.
Mr Brian Binley (Northampton South) (Con)
I, too, congratulate my hon. Friend the Member for Basildon and Billericay (Mr Baron) on his courage. I fear that my conclusions might mean that I cannot go through the Lobby with him, which is saddening. May I also pay tribute to Lord Corbett of Castle Vale, who sadly died very recently? He was a great contributor to debates on Iran, and I know that many Members of this House would wish to join me in saying how greatly he will be missed.
This is an opportune moment to consider Iran. The conduct and ambitions of the Government of Iran run counter to our interests and to the peace and security of the region. We must not lose sight of that fact. We therefore need a credible and sustainable response, and our actions should be based on the most up-to-date information and analysis. To my knowledge, that has sadly not been the case in the Foreign Office over the past 15 years—indeed, at a meeting with a previous Minister, who has now left this place, I was assured that the People’s Mujahedin of Iran had not renounced its pledge to give up weapons and fight for peaceful internal change in Iran. The fact that the Foreign Office was not in control and that it had that information in its hands six years after that position was stated and agreed is very worrying indeed. My hon. Friend the Member for Newark (Patrick Mercer) made the point that much misinformation has been accepted as information by the Foreign Office, which has been harmful to our cause.
I wanted to talk at length about the Iranians’ human rights record, but many others have paid heed to that problem. It is indeed a scar on the face of humanity, as we all know. We also know that the Iranian regime is not one that we can do business with as a trusted ally, and it never will be. We should, however, strive for robust and honest relations with Iran. There are Iranians who share that appetite for positive dealings. Sadly, until a few months ago our approach to them was variable. Our dealings with the PMOI and with Camp Ashraf are symptomatic of that weakness. As I said, the PMOI stated in 2002 that it was working for a peaceful transition to a democratic Iran, but that aim was not recognised. Ministers need to make decisions based on the best and most reliable information, but there have been serious concerns about the quality of analysis and the currency of the information available.
I remind Members that Camp Ashraf is home to 3,500 Iranian dissidents, including 1,000 women, living in Iraq. All members of the PMOI, they originally opposed the mullahs’ regime. The PMOI is the largest opposition group and the greatest thorn in the side of the present Iranian regime, as proved by the fact that more than 90% of the 120,000 political prisoners executed by the regime have been members of the PMOI. It is that group’s success in harnessing widespread support that engenders the hatred directed towards it by the regime. That is why the blacklisting of the PMOI was an initial Iranian precondition for participation in international talks in 2002. The right hon. Member for Blackburn (Mr Straw) sadly acceded to that request as a result of attempting to appease Iran. The talks, of course, never happened.
Mr Binley
I will explain. My hon. Friend asks how looking at the case of the PMOI will help to resolve the Iranian situation. The truth is that cruelty and inhumanity have been visited on Camp Ashraf residents as a matter of routine by the Iraqis at the behest of Iran—the Iraqis have acted as Iran’s proxies. Ensuring that the Iraqi Prime Minister, Mr al-Maliki, and the Iraqi Government change their attitude, as they should do, would diminish Iran’s position in the middle east and weaken its role in the wider world. That is how changing attitudes towards the PMOI and to the people who live in Camp Ashraf can be of help.
This is not just a matter of a few thousand Iranian dissidents in Camp Ashraf, however. The situation raises fundamental questions about the entire region, and beyond. The al-Maliki Government’s flagrant disregard for human life, universal rights and international laws should ring alarm bells. When people see that the depth of cruelty and inhumanity following western intervention is not much better than it was under Saddam Hussein, is it any wonder that they are cynical about our motives and actions? When they see that the al-Maliki Government’s actions present him as a western-supported puppet of the Iranian regime, are they not entitled to ask why we sacrificed so much blood to achieve that objective? If we are to find an effective way to tackle the crisis of intransigence and hostility from the Iranian Government, it will not be done through examples of that kind.
That is why I call on the Government tonight to promise to act to ensure the removal of Iraqi forces from the perimeter of Camp Ashraf, to end the siege and to lift the ban on journalists, parliamentary groups, lawyers and families of residents entering the camp. Residents, particularly those who have been wounded, must be given immediate access to medical services in public hospitals. There must be an independent inquiry by a panel of jurists into the actions perpetrated at the camp. Residents should also be entitled to the return of their personal belongings. Such actions would, I repeat, immediately undermine al-Maliki’s role and position as a proxy of the Iranians, which would be in the interests of us all.
We have heard some bold attacks by the Minister of late, and they are most welcome, but I regret the fact that we have not pressed the United Nations to take action on Camp Ashraf. I look to the Minister tonight to say that we will do so, if for no other reason than respect for the lives lost in Iraq, which we should honour and can honour, by protecting the very people now under attack by the Iraqi regime. If we are to overcome the real threat of Iran, we must stop appeasing the regime as we are in relation to Camp Ashraf and the PMOI.
Following the failed adventures in Iraq, Iran is much more powerful. Threatening it with military adventures is not the answer, but we need to stop being weak in the face of the Iranian bullies and work with those best placed to bring about positive change for Iran, in Iran and by Iranians themselves—many of them young people who have a vision far more positive than Ahmadinejad and his supporters.
Council of Europe (UK Chairmanship)
Brian Binley Excerpts(13 years ago)
Commons ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
Mr Walter
I thank my hon. Friend for that point, because it sums up the fact that what I have described will bring into question the legitimacy of the decisions of the Committee of Ministers when it comes to enforcing judgments that have been handed down by the Court.
I want to move on to one aspect of the United Kingdom’s agenda for our chairmanship, with which the Minister also dealt at length. It is the reform of the European Court of Human Rights, which not only we in this country but many member states across Europe welcome.
There seems to be some dispute about what the backlog of cases in the Court is at the moment. The last figure that I heard, which was at the beginning of this month from the secretary-general of the Council of Europe, was 162,000 cases, and growing at the rate of 2,000 a month. I therefore welcome the approach that we are taking as the new chair of the Committee of Ministers.
Mr Brian Binley (Northampton South) (Con)
Is my hon. Friend concerned that most of us sitting in the Chamber today might not be here when the end of that list is reached? Does that bother him?
Mr Walter
I thank my hon. Friend for making that point, which brings me neatly to the next one that I wanted to make.
I welcome the work of the commission on a Bill of Rights under the chairmanship of Sir Leigh Lewis. It was set up to advise on a British Bill of Rights, but at the request of the Prime Minister the first document that it published was advice to the Government on the reform of the European Court of Human Rights. It has expressed a view on that question, and I shall come to that in a moment. I also welcome the interest taken by the Joint Committee on Human Rights, which I know has been to Strasbourg and met the Court and is considering that very important issue.
I wish to deal with four issues related to the reform of the Court. The first, to which a number of Members have alluded, is the quality of the judges. Under the existing procedure, each member state puts forward three nominees when there is a vacancy for a judge of that nationality. Under the new procedures, those candidates are to be interviewed by the Committee of Ministers and by a sub-committee of the Parliamentary Assembly set up specifically for the purpose of making recommendations on which of the three judges is probably the best candidate. It then comes down to the Parliamentary Assembly to vote on those judges.
There has been phenomenal criticism in the Parliamentary Assembly that the judges nominated are not up to the quality that one expects in such an important court, which deals with human rights across the continent. Some of the judges are academics, and some are only what I would call administrative lawyers, but I believe that judges should have experience of sitting as court judges, preferably in the supreme court of their member state. They should not be people who have applied because they have been teaching a nice academic course specialising in human rights at a university for the past few years and thought, “Why not go to Strasbourg for a few years?” That is not the right way to select candidates.
The Parliamentary Assembly is considering another matter of some concern. If one of those judges drops out and is unable to perform his or her duties, the member state in question can nominate ad hoc judges to sit in their place in the Court. In the past four years, 77 ad hoc judges appointed to sit in for judges who were unable to be in Strasbourg were involved in 516 judgments. I am not sure, and there is some doubt, whether those ad hoc judges are of the same quality, because they do not go through the same selection procedure. They are not nominated, they are not interviewed either by the committee of Ministers or by the sub-committee of the Parliamentary Assembly, and they are certainly not voted for by the Parliamentary Assembly. I am not sure that the spirit of the convention is being implemented if we allow those 77 ad hoc judges to sit in judgment.
The second and most important point raised by my right hon. Friend the Minister for Europe was on subsidiarity and the filtering of cases, causing the backlog. Is the ECHR the final court of appeal for the 800 million people who live on the continent of Europe? I contend that it is not. I believe that it exists to act in partnership with our national supreme courts and that it should not be used as the final court of appeal. A number of members of the delegation met the secretary-general of the Council of Europe on Tuesday to discuss that. He said that—this is even worse—the majority of the cases before the Court involve people using it not as their final court of appeal, but their court of first instance. In the majority of cases, people are disgruntled by something that has happened in their locality—a remote part of Russia or wherever—and they do not use the Russian legal system first and foremost, but go straight to Strasbourg. We must stop that from happening.
People who appeal to the Supreme Court in this country, or even to the Court of Appeal on their way up to the Supreme Court, must seek leave to do so. We must create a situation like that. Requiring people to seek leave to appeal would mean that a judge in this country or another member state would determine whether such a case is admissible, or whether it should be heard by a national supreme court and whether that should be the end of the road.
Mr Walter
My hon. Friend is right to raise that point. We must strike the right balance—strike out spurious claims but not genuine ones. In some cases, those making genuine claims could be refused leave to appeal for, if I may say, political reasons, when their case should go to the Strasbourg Court. In this country, I have every confidence that the Supreme Court or any other lower court would act in the interests of the law and equity, but I might question the courts in a number of other member states—I will not name them in the Chamber.
My third point concerns the competence of the Court and its relationship with national Parliaments and sovereign member states. That the House debated and voted overwhelmingly against prisoner voting rights showed that we in this country feel that somebody committed to jail for an indictable offence should have their voting rights taken away while in prison. That is at variance with the judgment of the Court. I am not a lawyer, but in my view it is absolutely right that a court can sentence somebody to prison and so deny their liberty in several areas. In sentencing them to prison, we are not infringing most of their convention rights—for example, we are not infringing their right to life or imposing on them inhuman and degrading treatment. Instead, we are deciding to deny them certain liberties—for example, by not allowing them to go home to their family every night, we are denying them the right to a family life.
Mr Binley
Do the people sent to prison not have the choice about whether they go to prison, and should that not be a major consideration? Furthermore, is this not a constitutional right, rather than a human right? I know that that takes us on to aspects of law, but these are the things that make people very angry.
Mr Walter
Of course, my hon. Friend is absolutely right. This is the point that we are making. We could have a wider debate about why people commit crimes and why they go to prison, but my specific point is about the denial of liberty and what convention rights that denial of liberty impinges on. It is accepted that some rights in the convention can legitimately be denied. I am interested that Mr Hirst, when he went to Strasbourg, did not say that he was being denied the right to a family life by being in prison and ask why he could not have his wife and children there. He picked on one emotive issue—his voting and democratic rights—but I think that it is absolutely right that this Parliament decide the voting rights of prisoners, and if it decides that prisoners should not have a vote, so be it. That is part of our national sovereignty. It is a matter for national legislatures, not the Court.
My fourth point concerns the backlog. As I mentioned, the figure that I have is 162,000 cases, growing by 2,000 a month. I commend the commission on a Bill of Rights and its advice on this matter: it expressed concern that, whatever reforms we came up with for the Court, they would not deal with the cases currently in the system, and it recommended that we find a way to clear the backlog. One of the commission’s proposals, which is worth taking forward, is that across Europe are retired judges experienced in human rights law who might be brought out of retirement on, say, a one-year contract, subject to their being vetted, interviewed and so on, and that they be given responsibility solely for going through the list of 162,000 cases, deciding which are admissible and, if necessary, immediately sending them to the Court for judgment.
Sir Alan Meale (Mansfield) (Lab)
I said that I was not going to be able to speak in the debate, but I managed to get somebody else to chair a meeting in this building in time to come back to the Chamber.
I congratulate the hon. Member for Witham (Priti Patel) on her persistence and endeavour in securing this debate, although I suspect our agreement on and understanding of each other’s politics ceases there. She has not grasped at all what the Council of Europe is about, which is human rights, the rule of law and democracy. They are all intertwined; they are not simple little solutions set aside from each other and never the twain shall meet. They are interlinked so that we can get policies that cross national boundaries.
The hon. Lady cites one or two examples that everybody in this Chamber, including the Minister and Labour Members, agree on, but they are minor cases where things have to be cleared up. That is all part of the agenda for change, which the Council of Ministers and the Council of Europe are undertaking. Let us deal with the big issues, one of which is capital punishment. Countries are not allowed to become members of the Council of Europe if they carry out capital punishment. We must remember that there are 800 million people in these 47 countries in greater Europe, and we cannot singly deal with one or two issues such as the ones she raised.
Sir Alan Meale
The hon. Gentleman is right. I apologise if I have led him up the path of thinking that these minor matters in relation to the very big issues that the Council of Europe and the European Court of Human Rights deal with are in some way not important. They are all very important, and they are very important to the people involved. As the Minister rightly pointed out, Members on both sides of the House are seriously of a mind for change and reform as far as the Court is concerned, because of the huge catalogue of outstanding cases, many of which could and should be dealt with in the courts of the individual countries. We should accept responsibility for our failure to act to make the courts deal with them. As the hon. Member for Portsmouth South (Mr Hancock) said, the problem of the courts and the outstanding cases in the European Court is caused by failures in individual nations and their court systems.
I said in an intervention that we have a very democratic system, which could be reformed in some way, for choosing judges. The three candidates that are submitted by all member countries have to be fully experienced in such matters before their names are even put forward and there has to be a gender balance. Those people are then examined by a committee in full before recommendations are made to the Assembly, which then decides. I have been there on a number of occasions over the years, as have other hon. Members who are present today, when time and again we have sent back the names of candidates and said, “They are not qualified,” “They do not come up to the standard,” or, in a number of cases, “No gender choice whatever has been given.” A few years ago, some countries refused to submit the name of a female candidate. The system is well-tested and I do not think that talking about “sleepwalking” away from accountability is the best way forward.
The Minister gave us the best way forward, which has been accepted by all parties. We need reform. We have to wake up the courts and the Governments of member countries and say, “You have to take responsibility for and deal with these issues; the European Court is for bigger things.” The example I gave of where such instances might apply involved a failure by two members of the Council of Europe area and, indeed, Britain—so three countries in all—in respect of seized assets in the northern area of Cyprus. An individual citizen went through all the courses for legal redress in their own country, Cyprus, and then went to the guarantor powers of Greece and the United Kingdom, but the case failed and there was no other domestic court for that case to go to. Members might ask, “What does a person’s ownership of their home have to do with the European Court of Human Rights?” Well, it has a lot to do with it if someone’s country has been invaded, they have been marshalled out of their home and local area into another country, and the return of the assets in the house, and the house itself, has been refused.
The Loizidou case went to the Court, which took a number of years to deal with it. As my hon. Friend the Member for Linlithgow and East Falkirk (Michael Connarty) rightly pointed out, it was then sent back to Turkey and the regime in the northern area of Cyprus, which were told, “You must deal with this matter. What you have done is illegal—you have illegally invaded, you have illegally occupied and you have illegally kept rightful owners away from their homes.” The judgment that came down in the end was that reparation to the tune of nearly £1 million in costs and compensation should be paid to the family not for the home they had lost but for the loss of use of their home over that 30-odd year period. That case could not have been dealt with in any other court.
Michael Connarty
That is a very important question. If the Government should bring back a proposal on, for example, whether prisoners in custody should have voting rights, and we decided that we did not wish to accept it, we could reject it. They would have to come back again to try to put another proposal, and I presume negotiations would go on between the Committee of Ministers, particularly with our chairmanship in the next six months, to find something that would be suitable, and that would be correct. However, I believe—this is my own judgment—that if we got to the point where we said, “No, we refuse to implement this”, then there must be some question about whether we want to remain in the Council of Europe at all.
Mr Binley
The hon. Gentleman is a very dedicated member of the Parliamentary Assembly, and it is a pleasure to work with him. Does he recognise that at the end of the day the judgment goes to the Committee of Ministers, and that equally at the end of the day it has no powers of enforcement? I relate that to the point made by my hon. Friend the Member for North Thanet (Mr Gale): nothing can be done, and therein lies one of the problems.
Michael Connarty
I think that is correct in what I have seen of the Council of Europe. It can make judgments, it can put down statements, people can support those statements, and they can be transmitted through the Committee of Ministers to the representatives of all the countries who send a representative to that Committee. One of the reasons I am quite a strong supporter of the European Union is that it can bring in directives, and has done so, as I shall mention later, in areas which are close to my heart and to the logic of why I am here as a representative of the people of my constituency. It has an enforceable power, mainly tied up with the economic power that lies in the EU rather than just the Court of Justice. But yes, I think that there is a need for a much more diligent pursuit of the matters raised by the hon. Member for North Thanet.
The third part of what I say will be on the way in which the Council of Europe operates. The debate on the scope and effect of proposals, papers or conventions has to be had vigorously in the committees. That was done by the hon. Member for North Thanet, and I will give examples of where, even in the year that I have been there, I have taken that route and had changes made. Hopefully I will bring about other changes, because that is what we are there to do: we are not there just to go to the plenaries and get our card ticked for being present; we are, I hope, there to go to the committees, participate in the debates and form and reform the papers, the proposals and the conventions that eventually come out of the Council of Europe. If we do that, it is our duty to come here and argue for them to be implemented in our country in the fullest way declared in those conventions. If we cannot do that, I question whether we are fully participating in the process.
I thank the hon. Member for Mansfield (Sir Alan Meale), because he organises the Labour side of the delegation. He was the person who suggested that, having been Chair of the European Scrutiny Committee and been a member for the past 13 years, I might see going to the Council of Europe as a natural progression, because I could see more of the debates at the fundamental level, which I did not see in the minutiae of the implementation of European directives. I thank him for inviting me to attend.
It was suggested that I should go into the committee on culture, science and education. I will speak a little about the processes that I found there, because it is important to put on the record, for those who do not know what this is all about and who read the debates, what happens there. When I went along, one of the large papers that was debated was on “the religious dimension of intercultural dialogue.” When I read it, I realised, as a humanist, that the Council of Europe’s fundamental principle of the right to belief as well as faith, was missing from the paper. When the committee invited people from all the main religions to discuss the paper, it also invited the secretary of the European Federation of Humanists to present a paper and to be heard in Paris. We then tabled amendments, which were debated and added to the paper. The paper was eventually discussed again in the committee, of which the hon. Member for North Thanet is also a member, and went to the full plenary, where it was passed by a 95% vote of the Parliamentary Assembly.
There are some things in that paper that I believe are priorities for our sixth-month presidency and that will be very helpful in a world where we know there is still anti-Semitism, sectarianism and in many countries an anti-Christian movement that threatens people’s rights, but also persecution and a denial of the rights of people who are not affiliated to religious organisations. I found those issues fundamental to why I am here, what I believe in and what I believe are the rights of the people whom I represent, and there they were being discussed in that committee. Hopefully, my participation in that debate changed the document.
There was opposition from one or two fundamentalist born again Christians who tried to take all the references to humanism out of the paper. I am glad to say that it was defended by people of all faiths in the committee and in the Assembly, because it is not about being against something, but about including people and diversity in the real sense, not just in a small way. That was an important lesson for me that when I was placed on a committee, if I took it seriously, I could do something; I would not necessarily have carried the day, but I could at least express those views.
The other committee that I sit on is the social, health and family affairs committee. The discussions of that committee chimed very much with the interests that I have always thought that we are there to pursue, such as the discussions about human trafficking. Some hon. Members may know that I am now vice-chair of the all-party human trafficking group in this House. I have pressed—even harried—the Government to sign up to the European directives on human trafficking and the new, extended European directive against the sexual exploitation and abuse of children. I found that there was very much a campaign running on that in the Council of Europe—the “One in Five” campaign. Again, I am grateful to the leader of the delegation, who nominated me to be the UK representative on that organisation. It is in fact a network of contact parliamentarians to stop sexual violence against children.
When we talk about these things, particularly at a European level about cross-border action, some people think it is not to do with them, but I have to say that in my own constituency, in the town of Grangemouth, an industrial town, there have been two unbelievably horrendous cases—many cases, but two horrendous cases of sexual abuse of female children aged 13 and 14 months by two different people, put on the internet and spread around the massive paedophile rings throughout the world. It is in every street and every town. In fact the deputy commissioner for children in England is going to have a two-year investigation running into sexual abuse of children. On one day, she took a snapshot throughout England of local authorities and care organisations; in one day, on the same day in England, 1,000 cases of sexual abuse of children were reported in England—in one day at that snapshot. That is how frightening this is.
When we had our first meeting we were addressed by Mr John Carr, who is from the UK and is the expert adviser to the International Telecommunications Union on online protection of children. The figures he gave were horrendous: there are 1 million images on paedophile internet sites at any time in the world; there are 15 million transactions a year in the country. The one thing that is a problem is that a site can be shut down or blocked in this country within 24 hours, but there are sites running in Russia and in the USA that were reported and identified over a year ago but are still running, in Russia because of gangsterism and it is hidden and hard to get at, and in the USA because it is protected by state laws and local laws. The providers of these things can still keep running a year after they are found to be trading. It is a massive, criminal, monetary-driven enterprise—paedophile activity and the abuse of children. That was a salutary lesson for me that there was something going on there that wanted to join all 47 countries—and wider than that, but all 47 countries as a start—in a campaign against one of the most heinous crimes and most heinous possible abuses of human rights and the rights of the child.
As an adjunct, we debated in the social, health and family affairs committee—I was asked to speak, and I think the hon. Member for North East Hertfordshire (Oliver Heald) spoke in the same debate—the rights of undocumented migrant children. I think the most succinct statement of what the Council of Europe is about is the amendment from that committee that was spoken to by Madam Strik from the Netherlands. It said that a child is first and always a child, and then after may be a migrant. If that is what the Council of Europe is about, that is so powerful for the people we represent, because they want that to be a right for everyone in all their towns and all their communities, and the Council of Europe allows us to do that.
We have also been addressed by the UN special rapporteur on the sale of children, child prostitution and child pornography, Najat Maalla M’jid, a woman who does this work throughout the world. It was in fact connecting the Council of Europe countries to what is happening in a much wider portfolio.
In this process of holding the presidency or the chairmanship of the Council of Ministers, I have an extra priority. It is embarrassing, and it relates to the question that I asked the hon. Member for North Thanet about having ratified a convention. The United Kingdom signed up to the convention on the protection of children against sexual exploitation and sexual abuse, which was laid on 25 October 2007—almost exactly four years ago—on 5 May 2008. We have yet to ratify it, and if we do not ratify it, it is not brought into force. Let us look at the countries that have. Spain, which was referred to earlier, signed it in 2009 and ratified it in December 2010, and has put it into force. It is no use signing something that is not put into force. I have been trying to get in to ask the Prime Minister for a number of weeks now—but have not been called—when we are going to ratify it. In our chairmanship six months, that is the time we should do this. We should ratify that convention.
It is amazing how many people have actually been involved, and I pay compliment to a lady who I am told is called Martine McCutcheon, who starred in “Love Actually”—I think she played the Prime Minister’s girlfriend, if I recall correctly. She presented, with people from the UK, a petition, gathered with the help of the Body Shop, of 735,889 signatures, exactly at the time it was presented, calling for the UK to ratify that convention. That was 12 May 2011. The message does not seem to have got through to our Prime Minister and Government yet, but the people of this country want us to do that.
I pay a compliment to them and to the hon. Member, who is a Member of the Government party, who is the chair of the UK Parliament’s all-party human trafficking group, and to Anthony Steen, a former Member of this House who set up an institute, the Human Trafficking Foundation. He is being supported to get campaigning organisations in all of the EU countries, but we still have a long way to go, and I hope it will be led by our chairmanship.
I have one other small point, but it is an important point. The committee on culture, science and education had a proposal before it for a recommendation towards a European framework convention on youth rights. Disappointingly, the response of the permanent member representing the UK, who will become the chair of the Committee of Ministers, was that they did not really think we needed youth rights. Unfortunately, it is a fact that now, in most of the countries of Europe, there is a long period between being a child and being put out to work. Sometimes people study; sometimes they try to make a life for themselves; and sometimes they go into work. In that period, a lot of young people fall between the two stools. They are not treated as children and they are not adults. They are not people who are making the rules; they are the people who are having to suffer the badly made rules.
Why I want to raise this is that it gives us an example of what we can do in the Council of Europe. I was on that committee and was involved in the draft. I took the draft away with me and I took it to people in the West Lothian youth forum, which is a forum set up by the local authority. I gave them copies and asked them to go away and use the youth forum to discuss this matter. What did they think of it? What did they think should be done with it? What ideas were missing from it? The forum came back with three very simple amendments. One was on housing rights and the right to housing. The forum members pointed out that you can get housing—you can get housing in the worst dumps and slums of the cities—if you are a young person, because you are basically an insecure tenant and you have difficulties. They wanted rights to housing that is actually of a standard that is acceptable at a European level.
The second one was on employment. They wanted in employment the right to training with in-work accreditation, because they knew so many young people who had got jobs and were used, basically. They were told they were getting an apprenticeship, spent two years as a grease monkey, and then when they asked to go to college to get certification, they were sacked and some other young person got taken on to go through the same process again and again.
Those are two very important matters. The third one I think is very important as well, particularly since we allow the UK Youth Parliament to meet here in this House, in this Chamber. People in the forum said they want these matters, if we ever have a convention, to be monitored by the Youth Parliament or their equivalent in Europe, so that they can have a say on whether the Governments who sign up to these things are doing anything about it.
Mr Binley
I am again most grateful to the hon. Gentleman, who is being very generous with his time. Does he think there ought to be a balancing factor to rights? I am not denying the importance of rights, but I wonder whether we ought to give equal importance to the responsibilities of the individual. Perhaps he has an opportunity to make that point and to ask the Minister whether he might consider it as well.
Michael Connarty
I think that we have quite a developed idea among those who take it seriously that with rights come responsibilities. I explain to everyone who comes around Parliament that it is a nice building, fine, but buildings are buildings; Parliament is about what goes on in here—the concept of democracy, the demos, the people who had the right in Athens and the responsibility to run the country. They had the power but also the responsibility. That, basically, is how society should be run. We get rights, but we have responsibilities at the same time. I think that our Government in the past tried to echo that again and again. I think that there are questions about whether people think that they have only rights. In Scotland at the moment, everyone thinks that everything is free: they do not pay council tax increases, they do not pay for their education, they do not pay for their prescriptions—it is all free. I am afraid that that is not a world in which people can live for very long, because they soon become bankrupted financially but also bankrupted in terms of principle. I think that the hon. Gentleman is right: there needs to be a balance.
Those young people were amazing. They took it seriously. A Member of Parliament said, “Here is a convention or a document that will affect your lives if it is ever passed. What do you think?” They went off and treated it seriously. I know that one of the people who helped to draft it, a young David Begg, sits in the Scottish Youth Parliament, and some of them come down here and participate in the UK Youth Parliament. That is giving them rights and responsibilities in the right way, and I hope that we will take that seriously and perhaps change our position and encourage the development of something that will speak to the youth and that has to contain responsibilities. However, the debate in the culture, science and education committee was the opposite: people said, “We don’t want to talk about responsibilities because we want to talk about young people having rights without saying they have to pay for them.” I do not necessarily agree with the balance, but that was how it was drafted.
I will finish with one last reference to a document, Madam Deputy Speaker, because a lot of the debate going on is as though the Council of Europe is out there, the Court of Human Rights is out there, and they come and fly in and drop things on top of us that we have to implement. There is a paper from 6 June Parliamentary Assembly that I hope that every Member of the House will read. Perhaps members of the public would like to read it. It is called “National parliaments: guarantors of human rights in Europe”. It states:
“The report examines ways to better exploit parliaments’ potential in this respect and proposes basic principles to be respected by the parliaments of the Council of Europe member states.”
It then lists a lot of very, very sensible suggestions for how Parliaments might do this. I think that is what it is about. It is not about saying, “Europe will make the decision for you. The Council of Europe will make the decision for you. You just have to implement it.” It is about thinking about how we, as parliamentarians in our Parliaments, can take those guarantees correctly.
In my first year as a member of the Parliamentary Assembly of the Council of Europe, I realised that it was the one place where I could find the things that brought me into Parliament, the things that brought me into public life as a community activist, from where I went on to be a councillor and to give up so much of my life and time to this process of democratic representation. It is about human rights. The Council of Europe sets a benchmark against which it says to all the countries in the Council of Europe area, “You will be judged by the Council of Europe.” Enforceability is very important, and I would like to see more of it, but it says, “You will be judged by it. You will be held up to scrutiny by it. The more important thing is that you will have to ask yourselves, in your Parliament, how do you measure up to these human rights that should be available to everyone?” When I hear debates in here with people throwing out phrases that clearly say, “I want this human right, but that person from that country should not have it because we do not want them to have it. Send them back to their country, but they might be tortured. Send them back to their country, but they might face capital punishment,” I am ashamed, because that should not be talked about in this mother of Parliaments. Human rights are fundamental and the Council of Europe is their guardian. I am very pleased to be there, and I am sure that our time as the chair, with the leadership of the Minister and the Labour Benches, will be a good six months.
Mr Brian Binley (Northampton South) (Con)
I thank the hon. Member for Bassetlaw (John Mann), who is leaving his place, for reminding me that I need a haircut this weekend.
I am a member of the Council of Europe—and a proud member, actually. I am rather surprised by how much I am enjoying it, but you will understand the reasons, Mr Deputy Speaker.
I welcome many of the Minister’s remarks. I was especially pleased to hear his comments about a Bill of Rights and about subsidiarity. The Government seem to have a real programme to implement over the six months of our chairmanship, and most of us in this House would welcome that. However, we shall be scrutinising his work and keeping an eye on him. That is the job of this place, and I know that he will welcome it.
Mr Binley
I am sure he will.
The European Court of Human Rights has a proud history of defending the rights of individuals, but there is no doubt that there have been several questionable judgments that raise issues about its competence across the piece. I refer to the membership of the judges’ bench. It has already been said that a number of judges have little judicial experience, and indeed that some of them were political appointees. That does no good for the whole concept of jurisprudence. We ought to be making an effort to ensure that a court of this importance is matched by the quality of the judges who sit on its benches, and the sooner we get down to that, the better it will be. One judge was reported not to understand the concept of legal precedents. When one gets that sort of ignorance in a court of this kind, one begins to wonder what sort of justice it imparts. Indeed, many people in this country have begun to believe that some of its judgments are, to say the least, beyond the pale. Those people are responsible for overturning the decisions of this House and our courts, so we have a right to expect a greater degree of competence and better qualifications. I know that the Minister will take those thoughts on board.
My next point is about languages—a subject touched on by my hon. Friend the Member for North East Hertfordshire (Oliver Heald). The 2005 Woolf report made 26 recommendations on the working methods of the European Court of Human Rights. One was the provision of language training, and yet that has not been implemented. We all know that interpreters can change the nuance of language dramatically when they interpret one language into another. Because the nuance changes, the meaning can be totally different. That is simply unfair to the people who put their trust and faith in the European Court of Human Rights. I urge the Minister to put language training for judges on his little list as an absolute priority.
The 2010 Interlaken conference and declaration stressed the need to preserve the high quality of the European Court of Human Rights. I have already referred to the lack of quality. This matter is consistently asked about, and it is consistently recorded that we need to do things. No wonder the people of this country get a little impatient when nothing happens. I want to send the European Court of Human Rights the message that it must get its act together, because it is undermining the confidence of the people of this country—and, no doubt, that of the people in other countries—which is so necessary for it in doing its work.
I was going to talk about prisoner voting, but we had a big debate on that recently. Suffice it to say that I believe that prisoners are in prison by choice. They are not forced to break the law; they choose to break the law. Therefore, there is no problem with the removal of that human right. They choose to deny themselves that human right. We ought to do some plain talking when this matter comes before the Committee of Ministers.
I also question the judges’ appreciation of our values and legal procedures. This nation is lucky to have a common law based on almost 1,000 years of life experience—a common law that has served this nation well. To my mind, it covered all the necessary protections of the people of this country. Indeed, they seem to think that it covered the necessary protections themselves. The fact that there are so many different codes of law in a 47 nation-strong Europe underlines the need for greater knowledge of the various codes of law in those countries. If necessary, that might require a division of the judges’ bench. We certainly need them to understand our code of law if they are making judgments about our citizens.
Martin Horwood
In arguing for an awareness of our code of law, cultural traditions and values, is the hon. Gentleman therefore arguing in support of British judges having the right to interpret the Human Rights Act 1998, and therefore the European convention on human rights, in British courts?
Mr Binley
I am delighted to say that most senior judges believe in the primacy of Parliament, and I have no concerns about that. A few judges have tried to argue differently. Only recently, I noticed the remarks of a senior judge in the Court of Appeal that underlined the importance of the primacy of this place.
Mr Binley
I want other people to be able to speak, and many Members have spoken for a long time, so I will reject the hon. Gentleman’s request on this occasion.
I wish to touch briefly on the 162,000-case backlog in the European Court of Human Rights. We all know that it is farcical, and that something must be done about it. I am glad that the Minister has decided to do something. However, I must ask him something. I was once told by a fortune teller that I would live to beyond 80, which would be another 11 years. Will the measures that he puts in place during our chairmanship be completed, and will the list be eradicated, in that time? It worries me, and I want to go to meet my maker with a clear and untroubled mind.
Finally, I wish to say that I know the Minister cares about these matters and is well placed to represent us in respect of them. I look forward—for the first time in many years—to action on the European Court of Human Rights that will give the British people confidence. If the Minister comes away after the six months of the British chairmanship having achieved that objective, we will all be prepared to say, “Very well done, Minister!”
Damian Collins (Folkestone and Hythe) (Con)
It is a pleasure to be called, and a privilege to have the chance to play a small part in this debate. The UK chairmanship of the Council of Europe comes round not very often, so we can truly say that we will not see the like of this parliamentary occasion for decades to come.
I concur with many colleagues who have spoken, particularly on the urgent need for reform of the European Court of Human Rights and the terrible problems caused by the large backlog of cases. I am sure that all hon. Members know of constituents who simply do not know whether a case that they have submitted will ever be heard, and who do not know where they stand.
My hon. Friend the Member for North Thanet (Mr Gale) and others commented on the importance of internet governance in Europe. That is important in terms not only of internet freedoms, which were an important part of the Arab spring, but of personal security and trade. We need the internet to work as an open common trading environment. People who seek to pass off goods or to break copyright and intellectual property protections on goods and services in the EU, and who use the internet to facilitate that, should know that the force of law will come down on them. That is a challenge for the Council of Europe, the Government and the EU.
I should like to use the time allowed not to go over some of the matters that have already been covered, but to ask the Minister to consider ethics and integrity in sport—another important matter—as part of the work of the UK chairmanship of the Council of Europe. The debate is timely, given the Council’s work on match fixing, on which it has engaged with UEFA. It is also part of the general debate on the reform of FIFA, the governing body of world football, about which members of the Council have also had things to say.
Sport and the ethics of sport have played an important role in the Council of Europe since it was started in 1949. Through the years, the Council has built up significant competence in specialised areas such as quality assurance in sport, and agreements adopted at world and European political levels. The Council of Europe has a unique and important role to play within the sporting environment. It is not a member state Government, an EU institution or an international Government or body, but a forum that brings together people who have concerns about the future of Europe, how countries work together, and the rights and freedoms that we all enjoy. It works across the political spectrum, including in the world of culture and sport.
The Council passed the enlarged partial agreement on sport, which provides a forum for a discussion of ethics in sport and for championing those issues. In 2005 the Committee of Ministers adopted a recommendation that called on the Council to consider that
“good governance in sport is a complex network of policy measures and private regulations used to promote integrity in the management of the core values of sport such as democratic, ethical, efficient and accountable sports activities; and that these measures apply equally to the public administration sector of sport and to the non-governmental sports sector”.
The Committee also called on the Council to consider setting up
“mechanisms to monitor the implementation of good governance in sport principles, and put in place mechanisms to deal with inappropriate or unethical behaviours in sport, including prosecution where necessary.”
Those are fundamental points, and I am pleased that the Council considered them in its working activities. It could bring those recommendations to bear and raise the issue of good governance with FIFA, the world football body. An active debate on that has been led by Members of this Parliament—the Select Committee on Culture, Media and Sport this year produced a report on FIFA reform and allegations of corruption against senior officials within the game.
FIFA is based in Europe, and as we have heard, almost every country is represented in the Council of Europe. One country that is not represented is the Vatican, which FIFA is like in some ways. It has an extremely powerful global figure—Sepp Blatter—who is beyond the protection of government. He certainly moves around the world like a latter-day pontiff or monarch, and is above the counsel of both court and Parliament.
People who love the game of football, which is played around the world, including within the jurisdiction of this Parliament, ask, “Is that right? Is there a role for international bodies such as the Council of Europe and parliamentary bodies and Parliaments to speak up?” Allegations of corruption against senior members of FIFA and members of the FIFA executive committee have been made in this Parliament. It is right that we take those allegations up with such governing bodies, and that we challenge the president of FIFA, Sepp Blatter. It is also right to ask whether FIFA is putting its house in order, and whether the concerns of the citizens of Europe, including citizens of this country, are being dealt with by governing bodies. Should we not seek to prosecute people who have done wrong, and launch independent investigations into allegations of wrongdoing?
FIFA is a particularly good—or rather, bad—example of a body challenged by allegations of corruption against its most senior people. In the past 12 months, of the leading 24 FIFA members who make up the executive committee, 11 have faced serious allegations of corruption, two have been suspended, one has been banned for life, one has resigned and four are currently under investigation. This is a body in considerable crisis. In June Sepp Blatter, the president of FIFA, committed the organisation to leading a process of internal reform. I believe that that process needs to move a lot more quickly. I believe that no real progress has been made. At the FIFA congress earlier this month, Sepp Blatter set out a taskforce.
Mr Binley
My hon. Friend knows that I am very interested in football, and in fact played for a long time. Does he not think that Sepp Blatter is part of the problem, not part of the answer, and that the review of FIFA ought to be independent and made up of a global group of people who really understand football?
Damian Collins
My hon. Friend is absolutely right. For a review of FIFA to have any meaning, there needs to be a fully independent investigation into all the allegations made. Transparency International, which conducted a report for FIFA, said that this should be the first step towards cleaning up FIFA. It should involve people from outside the organisation and from different walks of life—perhaps judges, people in politics and people with experience of governance in other sporting institutions—who could take the lead and have the power to initiate their own investigations, produce their own reports and do so in public. FIFA has set up a taskforce to look at good governance within FIFA. I think that that needs to move faster and that it should consider commissioning people from outside the organisation to lead the investigations internally. That is absolutely key.
We know of the concerns expressed by some of the judges who have served on FIFA’s ethics committee. In January one of Germany’s most respected judges, Günter Hirsch, left the committee in disgust and said:
“The events of the past few weeks have raised and strengthened the impression that responsible persons in Fifa have no real interest in playing an active role in resolving, punishing and avoiding violations against ethic regulations of Fifa.”
These are legitimate areas of public concern, and it is legitimate for Parliament to take an interest in them too. FIFA has taken some steps forward in the past few weeks. The idea that the location of the World cup should be decided not by an elite few people in the game, but by representatives of every FIFA member, is a step in the right direction. However, widespread investigations are needed into all the allegations of corruption made so far, so that there can be a clean slate.
There has to be greater transparency in the work of FIFA and in how its money is spent, particularly in developing football countries around the world, so that it can be audited and publicly accounted for, just as the work of Parliament or the Government is. The backgrounds of people who serve on international bodies such as FIFA should be clear. If they have any conflicts of interest those should be made clear, as is the case for a member of the Government or a Member of Parliament. If they have financial interests, or their family members have financial interests, in football, it should be on the public record. Any pounds spent by FIFA anywhere in the world should be accounted for. We should know where they go. That is what is required to put football’s governing body back on an even keel and to restore faith in it. However, because of how it is constituted, that change has to be driven by FIFA and Sepp Blatter.
The pace of that change and reform must be greatly accelerated, and it must have a degree of transparency that it simply does not have now. The Council of Europe, and the UK’s chairmanship of it, could consider that matter as part of the work of the Council’s sub-committee on youth and sport. We should debate those issues within that forum, alongside its work on other areas of ethics in sport, particularly match fixing, as I mentioned earlier. It should produce its own report and view to add to the external pressure that must be placed on FIFA, if the necessary reforms are to be put in place and we are to have confidence in FIFA as a world governing body. That would be an incredibly important and popular thing for the Council of Europe to do, and a great way for the UK’s chairmanship to demonstrate its commitment to ethics and sport, as well as the other important areas of work that the Minister outlined.
Human Rights on the Indian Subcontinent
Brian Binley Excerpts(13 years, 2 months ago)
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Steve Baker
I am grateful to the hon. Lady. I am pleased that there seems to be a cross-party consensus on the nature of this conversation, and I hope that will continue throughout the afternoon.
Mr Brian Binley (Northampton South) (Con)
Does my hon. Friend agree that seeking a judgment on behalf of one side is a bit pejorative and that what we really need is to create healing between two groups of people that have both been harmed by a very damaging terrorist war?
Steve Baker
My hon. Friend will find as I make progress with my remarks that I agree with the thrust of what he has said. I certainly do not wish to be divisive.
The status of Kashmir and the history of events leading to its division have long been contested and have led to at least three wars between India and Pakistan. India claims that the former princely state of Jammu and Kashmir legally acceded to it in 1947. Pakistan claims that Kashmiris were denied their choice of which state to join and holds that the status of Kashmir can be decided only by a plebiscite in line with UN resolutions. Kashmir has been divided since 1948 by a ceasefire line, known as the line of control. It is not my intention to rehearse the whole history of events as time does not permit it.
The region remains one of the most militarised in the world, with thousands of troops on both sides of the line of control. Further to the remarks of my hon. Friend the Member for Northampton South (Mr Binley), I do not think that is in the interests of either country. Various peace negotiations have taken place, leading to a number of practical, confidence-building measures, but I am afraid that the Mumbai attacks interrupted them.
For me, the history of Kashmir emphasises an absolutely vital point—the importance of peace and comprehensive non-aggression, because when violence begins, despair is not far behind. There are those who say that we should not be discussing these matters today, but for me the ghosts of empire have left us with an inescapable paradox. On the one hand, India is entitled to make its way in the world; it is the largest democracy in the world and there should be no echoes of paternalistic colonialism. On the other hand British Kashmiris, for whom the Kashmir issue is of deep, abiding and passionate concern—for the world is a small place—demand and are entitled to a voice in this place on this issue.
Mr Lee Scott (Ilford North) (Con)
I pay tribute to my hon. Friend the Member for Wycombe (Steve Baker) and the others who have secured this joint debate. I also assure my hon. Friend the Member for Northampton South (Mr Binley) that I intend to ask for justice for all in Sri Lanka.
Mr Binley
As ever, my hon. Friend is most generous in giving way. I have visited the Puttalam camp on the west coast of Sri Lanka, which holds 160,000 Tamils who were driven out from the north mainly through fear of the actions of the Tamil Tigers, and I know that because I talked to those people without any regard to the Sri Lankan authorities and that is what they told me. Does my hon. Friend accept that?
Mr Brian Binley (Northampton South) (Con)
May I first declare that I have an interest? I am the secretary of the all-party parliamentary group on Sri Lanka and I visited that country with the hon. Member for Edmonton (Mr Love) at the behest of the Sri Lankan Government to review the reparations resulting from the tsunami.
Sri Lanka is a country that is coming to terms with the consequences of considerable strife and conflict. It takes time to overcome the horrors of conflict. We should therefore tread carefully and be cautious of making judgments without very clear facts and evidence. We should be especially careful not to give fuel to the most blatant of propaganda, not least because we experienced that in a part of our nation and should understand a little more.
Mr Binley
I think that the Channel 4 programme is open to question and that those questions have not been answered. However, the United Nations report is credible and we should be cognisant of that fact. The British Government have also recognised that, and it is right to call for an independent, thorough and credible investigation into the allegations of violations of human rights laws. I totally support such an investigation, but it should be into the violations on both sides of the conflict. I fear that point has been missed a little today.
The roots of the conflict run very deep. The Liberation Tigers of Tamil Eelam fought a separatist campaign for the best part of 30 years and we have heard some of the horrors of that campaign from my hon. Friend the Member for Ilford North (Mr Scott). The Channel 4 documentary painted a truly horrendous picture, but we are not sure that it told the whole story. Images were brutal, horrific and degrading and if they were true that was totally unacceptable and intolerable, but nothing in the broadcast showed direct evidence of the Sri Lankan Government’s culpability and we must be sure of that before we start talking about it.
Mr Scott
My hon. Friend is being most generous in giving way again. If he agrees that there should be an independent inquiry, as he has said, does he agree that the Sri Lankan Government should agree to such an inquiry? Obviously, it would show them to be innocent if they are.
Mr Binley
I agree with my hon. Friend and I press the Sri Lankan Government to do so.
Contrary to what the broadcast stated, every effort was made by the Sri Lankan Government to extract civilians from the combat zone during the conflict. Local journalists were given access to the front line and members of the Sri Lankan armed forces sacrificed their lives to save about 300,000 civilians trapped by Tamil Tigers. Those are not my words but those of Gordon Weiss, the former UN spokesman in Sri Lanka, who has written:
“It remains a credit to many of the front line SLA (Sri Lanka Army) soldiers that, despite odd cruel exceptions, they so often seem to have made the effort to draw civilians out from the morass of fighting ahead of them in an attempt to save lives”—
that from a hostile witness against Sri Lanka.
Robert Halfon
On many issues, my hon. Friend and I are at one, but on this one I think we take a very different view. He has quoted one United Nations individual, so may I quote the former President of Finland who is an international mediator? He has said:
“Countries operating outside international norms watch each other carefully. They will be taking courage from Sri Lanka’s apparent success at avoiding international reproach. This is a worry for all those who want to see more democracy, greater respect for human rights and less violence in the world.”
Mr Gareth Thomas (Harrow West) (Lab/Co-op)
I am grateful to the hon. Gentleman, who is being customarily generous in giving way, but I join some of his hon. Friends and many Opposition Members who share concerns about the way in which Sri Lanka has conducted itself, particularly since the end of the conflict. It is a matter of record as, surely, he will be generous enough to recognise, that the International Committee of the Red Cross was for far too long denied access to prisons in Sri Lanka, which held many of those whom the Sri Lankan Government had chosen to detain.
Mr Binley
I share the hon. Gentleman’s concerns and I have made those concerns known to the Sri Lankan Government.
Sri Lanka needs a chance to heal, but that will not happen in an atmosphere of hiatus and emotive external interventions. We must all be careful because, as has been said, we share responsibility for the situation. That is clear, and we have to do all we can to help the Sri Lankan Government, who are trying to make considerable advances. They are trying to address the alleged crimes and human rights abuses and they are trying to provide a credible process for overcoming the issues facing internally displaced people. They are trying to achieve a sustainable political settlement, including on devolution, and those casting aspersions need to be careful about the statements that they make of what they say are facts but often are not.
As stated, one consequence of the conflict has been the significant numbers of internally displaced persons. I said that I had visited Puttalam, where I saw 160,000 people in the most terrible conditions, and that I talked to many of them. They said that they were displaced by shelling and demolition. Equally, though, some had been displaced by, and were scared of, the Tamil Tigers. That needs to be understood as well, if we are to be balanced in our judgment.
Mr Binley
I cannot afford the time.
The process of reconstruction is taking longer than we would like, but Sri Lanka is a small country and we need to recognise that its resources are limited too. I believe that we should give Sri Lanka every opportunity and support to help them create a united country. I hope that that succeeds, as we must all do, but equally I hope that the independent inquiry will take place, because it will put to rest some of the propaganda that is actually hindering progress in that nation.
Future Diplomatic Network
Brian Binley Excerpts(13 years, 6 months ago)
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Mr Hague
Some interesting confessions are being produced by this statement. I am delighted to hear that the right hon. Gentleman objected to the previous Government’s withdrawal of the Foreign Office exchange rate protection—although he might have wanted to say that at the time. However, I am grateful that he is now well ahead of his Front-Bench team in agreeing with me that it was a mistake. It is time for the right hon. Member for Paisley and Renfrewshire South (Mr Alexander) to say the same and dissociate himself from this foolish policy of the previous Government.
That has got me back on to that partisan theme again that the right hon. Member for Blackburn (Mr Straw) does not like—he must forgive me. I am not a very partisan—in the party sense—Foreign Secretary, but on this issue I think that the previous Government made some serious mistakes, so I make no apology for going on about it. The closure of embassies and the chaotic state in which Foreign Office finances were left were mistakes—they were messed up by the previous Government—and I want to make it clear that under the coalition there is a very different approach. Today, therefore, I will be a little partisan, although of course I always have great respect for him.
On the right hon. Gentleman’s other questions, the EAS should not get the proposed budget increase. We are all having to manage within budgetary constraints, and so should it, which is why the proposal in recent days is unacceptable, as the United Kingdom will make clear.
We are working closely with the Department for International Development. Together with my right hon. Friend the Secretary of State for International Development we are bringing about a cultural change in relations between the FCO and DFID, which has always been difficult in the past. We are co-locating more and the teams in each country are working together well. My right hon. Friend and I are in daily consultation about the policies that we are pursuing—an approach that is working much better.
Mr Brian Binley (Northampton South) (Con)
The Secretary of State put emphasis on UKTI, saying that, in effect, it would be able to do more with less. May I suggest that he could achieve that outcome by ensuring that more people with genuine business experience are involved with UKTI? If he agrees with that premise, will he tell us how he might proceed towards achieving that objective?
Camp Ashraf
Brian Binley Excerpts(13 years, 7 months ago)
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Mr David Amess (Southend West) (Con)
Before starting my speech, I wish to thank my hon. Friend the Minister for his statement of 8 April, in which he condemned the attacks on Camp Ashraf. However, I am appalled by what I regard as a conspiracy of silence on the matter. I am at a complete loss to understand why the British Broadcasting Corporation and others have not reported on the subject. It is deeply disappointing and most insulting to the relatives of those who were injured in the recent attacks.
The House will be aware that on 8 April, following direct orders from Nuri al-Maliki and at the behest of the Iranian regime, 2,500 Iraqi armed forces used 140 armoured vehicles to carry out a vicious assault on Camp Ashraf. The camp was home to 3,500 Iranian dissidents, members of the People’s Mujahedeen Organisation of Iran, including 1,000 women.
I take this opportunity to add my voice to the international condemnation of that brutal and callous attack, a military assault against defenceless unarmed civilians. It led to the death of at least 35 residents, including eight women, the majority of whom were in their 20s. A further 350 were wounded. Of the 35 killed, 32 were shot in the head, chest or abdomen, and the other three were deliberately run over by Humvees and other military vehicles. At least 225 of the 350 injured suffered gunshots from the Iraqi forces.
The April attack is not over. Iraqi forces are amassing inside the camp, and several Iraqi engineering battalions have completed a 6 km embankment on the northern edge of Camp Ashraf’s main road. Malcolm Smart, the director of Amnesty International’s middle east and north Africa programme, stated:
“Given the nature and scope of these new military installations, we’re very concerned what Iraqi security forces may be planning.”
I strongly urge the Government to convey the demands that I shall list today to the Iraqi Government and their armed forces. They must stop any form of violence, aggression or attacks, especially using live ammunition against those civilised and unarmed refugees. Further, they must immediately withdraw all armed forces from Camp Ashraf.
Mr Brian Binley (Northampton South) (Con)
Does my hon. Friend believe, as I do, that the Iraqis cannot now be trusted to uphold human rights in Camp Ashraf, and that the Government not only need to act but should act under international law?
Mr Amess
I agree with my hon. Friend, but I would go further. I am most disappointed with the American Government’s role in the matter. I am puzzled about a number of aspects, which I shall mention shortly. None the less, I agree with my hon. Friend.
I emphasise that the Ashraf residents have resided in the camp for 25 years. They have turned a desert patch into a small town using their own resources and money. The receipts for all their expenses still exist.
I turn to the Iraqi Government’s position. Iraqi officials claimed that only three residents were killed and that no live ammunition was used during the attack. However, I refer the House to the numerous footages posted on the YouTube website and aired by international television stations, which clearly show Iraqi forces indiscriminately shooting at and running over unarmed residents.
In a statement condemning the attack, the United Nations High Commissioner for Human Rights confirmed that, of those killed,
“Most were shot, and some appear to have been crushed to death, presumably by vehicles.”
Simply put, an unarmed civilian population was slaughtered. I shall give my hon. Friend the Minister photographic evidence showing those who were injured in that disgraceful attack. The Law Society’s human rights committee confirmed in a statement condemning the attack that, in footage of it, Iraqi security forces were seen opening fire on unarmed residents, while others were ploughed down by heavy military vehicles.
The US State Department said in a statement on 8 April that
“this crisis and the loss of life was initiated by the Government of Iraq and the Iraqi military”.
That is all well and good, but what is it doing about it? Why was no assistance given by the hospitals, which could have tended the injured? I remind the House that, when the Iraqi Government took over protection of the camp in January 2009, US officials publicly announced that Iraq had given a written assurance to treat the residents humanely and in accordance with Iraq’s constitution, laws and international obligations. I have evidence of people being killed or injured, but what are the US Government doing about it?
The Parliamentary Under-Secretary of State for Foreign and Commonwealth Affairs (Alistair Burt)
It is a pleasure to serve under your chairmanship, Mr Scott. Let me begin by thanking my hon. Friend the Member for Southend West (Mr Amess) for securing the debate and for his courtesy in sending me a copy of his remarks in advance. I know that the situation of the residents of Camp Ashraf is important to him, as well as many Members of this House and the other place. I also thank other colleagues who have contributed to the debate. The recent incident at Camp Ashraf is a matter of great concern for the UK Government and others.
The Government have closely followed events at Camp Ashraf for some time. Staff at our embassy in Baghdad have made consular visits to Camp Ashraf to inquire about the welfare of those who may be entitled to UK consular services or protection. The last of these visits by embassy staff was on 16 March 2011. We believe that a small number of residents there have some connection to the UK, although no one has yet come forward to request consular assistance. In addition to those consular visits, we hold regular discussions about the situation at the camp with EU and US colleagues, and the Government of Iraq.
The situation poses complex challenges and, as hon. Members will appreciate, there are no easy answers. It has lasted a long time and is very far from clear cut. The Iraqi Government have a long-standing commitment to close Camp Ashraf and they have made that clear to the camp’s residents. Iraq’s sovereignty extends across all its territory, including Camp Ashraf, but along with our EU colleagues, we believe that using force is not the way to resolve the situation at the camp, and I shall say more about that in a moment. However, it is the Iraqi Government’s responsibility to respect and protect the human rights of the camp’s residents.
I want to say something about the residents of Camp Ashraf, who number nearly 3,500, the organisation to which they belong, and why they are there. Camp Ashraf is controlled by the People’s Mujahedeen Organisation of Iran—the PMOI. As I am sure hon. Members know, the PMOI is an Iranian opposition group with extreme leftist origins that was founded in 1965. It is also known as the Mujaheddin-e-Khalq, or MEK. The PMOI is often referred to as the main opposition group to the Iranian regime and it works vigorously to promote that view of itself. However, the UK Government believe that it has little or no support within Iran and that it is not considered a legitimate opposition group by the Iranian people. Furthermore, we are unable to forget the PMOI’s violent history. It was responsible for a number of serious terrorist attacks that led to the deaths of many Iranian civilians. The violent history of the PMOI led to it being proscribed by the UK as a terrorist organisation. The UK Government have strongly opposed the PMOI’s de-proscription on two occasions: first, domestically in 2008; and, secondly, in the EU in January 2009. The organisation remains proscribed in the US. Nevertheless, whatever the history of the PMOI, our views and concerns about Camp Ashraf, the rights of its residents and the violence of the recent incident in the camp are clear.
My hon. Friend the Member for Southend West made the point very strongly that, out of concern for the welfare of the residents of Camp Ashraf, the UN and the US should intervene to establish some form of presence there. However, as I am sure he is aware, it was always clear that following the expiry of the UN Security Council resolution mandate at the end of 2008, responsibility for the security and administration of the camp and its residents would pass from the US to the Government of Iraq. Before the handover took place, the US received assurances from the Government of Iraq that outlined their commitment to the humane treatment and continued well-being of the camp’s residents. We recognise that Iraq is now a sovereign democratic state and that responsibility for the residents of Camp Ashraf lies with the Iraqi Government, but we also expect Iraq to act in accordance with its legal obligations. The UN makes weekly visits to the camp and has regular telephone contact with representatives of residents of the camp. The UN also holds weekly meetings with the Government of Iraq’s Ashraf committee.
We are aware that there have been calls for the residents of Camp Ashraf to be considered as protected persons under the fourth Geneva convention. However, under international humanitarian law, that status applies only when there is an international armed conflict or a situation of occupation. Neither of those scenarios applies in Iraq now, but that does not mean that there is a legal vacuum. As I have said, Iraq is obliged to treat residents of the camp in accordance with Iraqi law and the international human rights treaties to which it is a party.
I now turn to the events of 7 and 8 April. Along with our international partners, we have been active—and we continue to be active—in calling on the Government of Iraq to stop the violence against residents of Camp Ashraf. My hon. Friend the Member for Southend West was good enough to mention the statement that I made on 8 April, but it bears repeating so that it is in Hansard:
“The UK Government is disturbed to read reports that a number of civilian residents have been killed and many more wounded at Camp Ashraf yesterday. I absolutely deplore any loss of life and my sincere condolences go out to the families of those involved.”
Alistair Burt
May I finish reading out the statement before I give way to my hon. Friend?
My statement continued:
“The Iraqi Government has provided us with assurances on several occasions that it will treat individual residents of Camp Ashraf in a humane manner, act in accordance with Iraqi law, the Iraqi Constitution and its international obligations. We urge the Iraqi Government to uphold this commitment. Our Ambassador in Baghdad has been expressing our concerns to the Iraqi Ministry of Foreign Affairs at the highest levels. We call on the Iraqi Government to cease violent operations in Camp Ashraf immediately and to ensure that the residents have full access to medical care.”
That last comment about medical care addresses the point made by the hon. Member for Bootle (Mr Benton) and a number of other hon. Members. The statement went on:
“It is important that the Government of Iraq takes immediate steps to calm the situation and ensure that the human rights of the residents are respected. We are aware of a request by UNAMI”—
the United Nations Assistance Mission for Iraq—
“to send a humanitarian monitoring mission to Camp Ashraf as soon as possible. We fully support this request and therefore urge the Iraqi Government to quickly grant permission. We call on all sides to engage in a constructive dialogue that can lead to a lasting resolution to the situation.”
Mr Binley
I am most grateful to my hon. Friend for giving way. I respect him immensely, so I am surprised that the Foreign Office is continuing to argue against the findings of the Proscribed Organisations Appeal Commission, which dismissed the Government’s view of the PMOI totally out of hand at the time. Furthermore, for all the talk about international law, at the end of the day Britain and other nations committed themselves and made sacrifices to create the Government of Iraq in the expectation that that Government would be democratic and free. We now know that the Iraqi Government are not willing to uphold international law, and I believe that we ought to be doing much more than the Minister’s statement of 8 April suggests. If I may say so, I believe that the Minister secretly thinks that too.
Alistair Burt
I appreciate my hon. Friend’s comments. On the first part of his intervention, I stand by the Foreign Office’s belief that the PMOI’s background, history and present activities require it to remain proscribed by the UK—that is our view. Nevertheless, as I indicated very clearly, the history of the organisation does not relate to what is happening on the ground now, which is a matter of fundamental human rights and of ensuring that people are treated properly and decently, as well as having proper access to medical care. The injunctions of my hon. Friend and others in that regard are absolutely right, and we are seeking to ensure that the Iraqi Government uphold that commitment.
The second part of my hon. Friend’s intervention was about the difficult issue of how a sovereign Government, once they have been established, meet their obligations when they have a particular responsibility. It is not the responsibility of those outside the country to do the things that are required to be done by a sovereign Government. The process is difficult, but it is absolutely necessary to get the sovereign Government to live up to the obligations that have been set out. We and our international partners must continue to make that clear.
This is a frustrating situation. The circumstances of Camp Ashraf, including the living conditions of its residents, must be extremely difficult, but it is a complex situation. The history of the organisation involved cannot be completely ignored, which was why I set it out, but our position on the immediate recent issue has been clear, and I have stated both what we did at the time and what we are attempting to do now.