Israel-Gaza Conflict: Arrest Warrants

David Davis Excerpts

Monday 25th November 2024 Commons Chamber

[Hamish Falconer]

I am not really able to go much further than to say that there is a domestic legal process, through our independent courts, that would determine whether to endorse an arrest warrant. We would follow due process in the way that hon. Members would expect. This is a decision not for Ministers but for an independent court.

[David Davis (Goole and Pocklington) (Con)]

The Minister may be aware that I have fought the corner for international courts time and again in this House. I view upholding the authority of those courts and their reputation as very important. The difficulty here is not just that Israel is a democracy, but that it has an internal, independent judiciary, which puts a limit on what any Government can do in Israel. That is why equating—or appearing to equate—Netanyahu with all the other monsters that the International Criminal Court has quite properly prosecuted risks bringing the court into disrepute.

[Hamish Falconer]

I know that the right hon. Member has looked at these issues over a long period of time. Questions of complementarity are important, and I understand that they were considered by the pre-trial chamber.

Oral Answers to Questions

David Davis Excerpts

Tuesday 30th April 2024 Commons Chamber

[David Rutley]

We continue to engage with the Saudi authorities on this and, as the hon. Member knows, we push back on the death penalty being used in any country around the world.

[Sir David Davis (Haltemprice and Howden) (Con)]

When will the Foreign Office and the Home Office abandon their ridiculous pseudo security argument that is preventing the return of Shamima Begum and other women and children from northern Syria? Our allies oppose that policy because they know that it risks turning those children into tomorrow’s terrorists.

[Mr Mitchell]

My right hon. Friend, who knows a great deal about this matter, speaks with considerable authority on it. I have no doubt that his voice will be heard in both the Foreign Office and the Home Office.

Oral Answers to Questions

David Davis Excerpts

Tuesday 12th March 2024 Commons Chamber

[Mr Mitchell]

The British Government have certainly raised those activities with the Israeli Government. That is why we have asked that they should be arrested, prosecuted and punished for those activities. On those who may or may not be subject to a sanctions regime, we keep that fully under review, but the hon. Member will understand why I think it is best not to discuss that across the Floor of the House.

[Sir David Davis (Haltemprice and Howden) (Con)]

Has any Foreign Office Minister, official or embassy member had any discussions with our American allies over the dysfunctional extradition treaty since the disgraceful end of the Sacoolas case?

[Mr Mitchell]

My right hon. Friend asks an extremely good question. He and I have co-operated on this matter many times in the past. If he would be so good as to table a question on this matter, I will make sure that he immediately gets a full answer to that question.

Occupied Palestinian Territories: Humanitarian Situation

David Davis Excerpts

Wednesday 8th November 2023 Commons Chamber

[Mr Mitchell]

The Foreign Office and British Government are very focused on how to re-energise the peace process when the opportunity presents itself. The hon. Lady will have seen the comments that have been made about both a civil Administration in Gaza and what is necessary to secure peace when that point arrives. It is important to note that the huge progress—ultimately unsuccessful—that was made at Oslo took place on the back of the first intifada. It may therefore be that there will be an opportunity, given the disaster that has taken place, to re-energise that political track. We must make sure that if that opportunity presents itself, we grasp it with both hands.

[Mr David Davis (Haltemprice and Howden) (Con)]

This is something that unites the House more than divides it, certainly on the issue of the horrors going on in Palestine right now and what caused them. We all recognise the personal commitment of the Minister to humanitarian aims and, in particular, to humanitarian pauses. Does he agree that those who call for a ceasefire must recognise that Hamas is a terrorist organisation and, as was said by the right hon. Member for East Antrim (Sammy Wilson) yesterday, that terrorist organisations go for ceasefires only when they suit their own regrouping, not to end violence?

[Mr Mitchell]

I thank my right hon. Friend for his comments and, of course, he is absolutely right. We all recognise the motivation of those who call for a ceasefire and why they are doing it, but at this time, in this situation, it is perfectly clear that Hamas have no intention of engaging in a ceasefire. Indeed, they have repeatedly made it clear that their intention is to repeat the awful events of 7 October. So I agree entirely with both his understanding and prediction of the situation.

Oral Answers to Questions

David Davis Excerpts

Tuesday 18th July 2023 Commons Chamber

[David Rutley]

We remain committed to the middle east peace process and to finding a way forward. We use our convening power as the current president of the UN Security Council, and the Foreign Secretary will no doubt be discussing these issues while he is in New York at the UN Security Council.

[Mr David Davis (Haltemprice and Howden) (Con)]

Most of NATO, including America, Canada, France and Germany, have repatriated their citizens from detention facilities in Syria. The United Kingdom repeatedly refuses to do so and is now an international outlier. Twenty-five British families are held in Syrian detention facilities without charge or trial. Our independent reviewer of terrorism legislation has said that, without action, this will become our Guantanamo. Will the Foreign, Commonwealth and Development Office review this policy to avoid our suffering international embarrassment for failing to take responsibility for our own citizens?

[David Rutley]

Repatriating citizens and the management of risks posed by returnees are ultimately matters for individual countries. Our priority remains ensuring the safety and security of the United Kingdom. The UK will continue to work closely with international partners in addressing the issues associated with those who fought for, or supported, Daesh and to bring to justice those who have participated in terrorism overseas.

Vladimir Kara-Murza

David Davis Excerpts

Monday 17th April 2023 Commons Chamber

[Mr Mitchell]

The hon. Gentleman slightly over-chides my hon. Friend the Member for Macclesfield. What the hon. Gentleman said about the trial was absolutely correct—I set out in my first response the key points where natural justice was clearly totally denied. He is quite right about that. He asked about the danger that Kara-Murza will die in detention. Clearly, that is very real, which is why the ambassador was summoned on 6 April and is being summoned again today. At today’s meeting, the issue of his health will be specifically addressed.

On the issue of consular relations, let me make it clear to the House that under the Vienna convention on consular relations, there is no clear policy on dual nationals and on which takes precedence. There is a bilateral agreement from 1965 between the Soviet Union and the UK that talks about nationality being determined by the sending state. We are looking to see whether there is any extra leverage that we can gain through international law to pursue the point that the hon. Gentleman raised.

[Mr David Davis (Haltemprice and Howden) (Con)]

My right hon. Friend talks about seeking out and sanctioning the individual officials, but this is an action of the Russian state, not of individuals. Since the Ukraine war, just the major countries in Europe have expelled between 27 and 45 diplomats each. Is that not a measure that we should look at?

[Mr Mitchell]

As ever on these matters, my right hon. Friend makes an interesting and important point. We have to balance the national interest in how we pursue our diplomacy, and we keep these matters under review. In view of his comment, I will take another look at the issue that he has raised.

Saudi Arabia’s Execution of Hussein Abo al-Kheir

David Davis Excerpts

Thursday 16th March 2023 Commons Chamber

[Mr David Davis (Haltemprice and Howden) (Con)]

(Urgent Question): To ask the Secretary of State for Foreign, Commonwealth and Development Affairs if he will make a statement on Saudi Arabia’s execution of Hussein Abo al-Kheir.

[The Parliamentary Under-Secretary of State for Foreign, Commonwealth and Development Affairs (Leo Docherty)]

Saudi Arabia, of course, remains a Foreign, Commonwealth and Development Office human rights priority country, in part because of the continued use of the death penalty. It is long-standing UK policy to oppose the death penalty in all circumstances, in all countries, as a matter of principle. The Saudi Government are well aware of the UK’s opposition to the use of the death penalty. The UK Government have consistently raised the issue of the death penalty, including the case of Jordanian national Mr Hussein Abo al-Kheir, with the Saudi authorities. The Minister for the middle east and north Africa and for human rights, Lord Ahmad of Wimbledon, has actively raised concerns about the death penalty and the specific case of Mr al-Kheir with the Saudi authorities on multiple occasions, including doing so with the president of the Saudi Human Rights Commission in December 2022 and when he visited the kingdom in February 2023. Lord Ahmad also raised the case with the Saudi ambassador to the UK, including in November 2022 and in January of this year.

On learning about the imminency of the execution, which took place on Saturday 11 March, Lord Ahmad again spoke to the president of the Saudi HRC, the Saudi vice-Foreign Minister and the Saudi ambassador. Saudi Arabia is committed to an ambitious programme of economic and social reform, through “Vision 2030”, which has already delivered significant change, including increased freedoms and economic opportunity for women. However, the human rights situation is likely to remain a key issue in our engagement for the foreseeable future. We will continue to discuss human rights and the death penalty, including individual cases of concern, with the Saudi authorities.

[Mr Davis]

Hussein Abo al-Kheir had been on death row since 2015. He had been tortured into a false confession and always maintained his innocence. When I was told this weekend that his execution was imminent, I urgently wrote to the Prime Minister, the Foreign Secretary, the junior Minister, Lord Ahmad, the British ambassador to Saudi Arabia and the Saudi ambassador to the UK, calling for intervention to prevent Hussein’s execution—I received no formal reply, although I understand that a letter has arrived in my office since I have been in the Chamber. Hussein was subsequently executed. A response given on Tuesday to questions from the Father of the House appeared to suggest that, despite my representations, only low-level attempts were made to talk to the Saudis over the weekend. In 2015, the Foreign Secretary’s predecessor, Philip Hammond, intervened himself, successfully, to prevent the execution of a Saudi youth activist, and he prevented many more executions by so doing; that intervention saved Ali’s life. I firmly believe that a stronger intervention over the weekend could have saved Hussein’s life and perhaps more to come.

Saudi Arabia continues to be one of the most prolific users of the death penalty, killing more than 130 individuals in 2022. Since 1 March this year, the Kingdom has executed 11 people, including for non-violent drug offences. That goes against Saudi Arabia’s informal moratorium on the use of the death penalty for drug-related offences. Being soft with totalitarian states comes back to bite us, as we know from the Russian example. We must make it clear to our ally that it must abide by international standards of civilised behaviour; doing so might just save the lives of those who remain on death row.

[Leo Docherty]

I am grateful to my right hon. Friend for describing the number of letters he has sent and pointing out that a response has been had. I am pleased that that is the case. I assure him that a range of interventions were made, as I described, at the most senior level by Lord Ahmad. That describes the energy with which he has made these representations, so we can be confident that a great deal of energy was expended in that effort. Of course, we cannot speculate as to the particulars of the case. My right hon. Friend mentioned the apparent spike in cases. Again, it might not be useful to speculate, but it might be that a pre-Ramadan surge of cases is adding to the apparent uptick. I understand that the moratorium relates to drug use rather than drug smuggling, and this case pertained to an allegation of and conviction for smuggling rather than use, which I think is relevant. It is not useful to speculate further on the particulars of this case, but we do make clear our continued opposition to the use of the death penalty, and our close working relationship with the Saudi authorities allows us to do just that in a way that allows us to appeal for clemency.

--- Later in debate ---

[Leo Docherty]

Our policy is unchanged. We resolutely continue to oppose the death penalty. We make that very clear. That has been our long-standing policy position and that continues to be the case.

[Mr David Davis]

On a point of order, Mr Speaker.

[Mr Speaker]

Is the point of order relevant to this question?

[Mr Davis]

It is, Mr Speaker.

I am sure that, inadvertently, the Minister has not quite led the House properly. The agreement on drug offences was on all drug offences, not simply taking drugs.

[Mr Speaker]

I am sure the Minister will want to respond.

Saudi Arabia: Death Penalty and Spike in Executions

David Davis Excerpts

Monday 28th November 2022 Commons Chamber

[Mr David Davis (Haltemprice and Howden) (Con)]

(Urgent Question): To ask the Secretary of State for Foreign, Commonwealth and Development Affairs if he will make a statement on Saudi Arabia’s use of the death penalty and the recent spike in the number of executions taking place.

[The Parliamentary Under-Secretary of State for Foreign, Commonwealth and Development Affairs (David Rutley)]

I congratulate my right hon. Friend on securing the urgent question.

Saudi Arabia remains a Foreign, Commonwealth and Development Office human rights priority country, particularly because of the use of the death penalty and restrictions on freedom of expression. We seek to engage the kingdom and support positive reform, and Lord Ahmad, the Minister responsible for our middle east and north Africa policy, visited the kingdom in February to advance UK strategic engagement on human rights specifically. Key areas included promoting freedom of religious belief, lobbying on individual human rights cases of concern and encouraging justice reforms. Saudi Arabia is committed to an ambitious programme of economic and social reform through Vision 2030, which has already delivered significant change, including increased freedoms and economic opportunity for women. However, the human rights situation is likely to remain a key issue in our engagement for the foreseeable future.

It is a long-standing UK policy to oppose the death penalty in all circumstances in all countries as a matter of principle. The Saudi Government are well aware of the UK’s opposition to the use of the death penalty. The Saudi authorities have executed around 150 individuals in 2022, a marked increase on the 67 executions last year. On 12 March 2022 Saudi Arabia executed 81 people in a single day, and the British ambassador raised UK concerns with Saudi authorities at both ministerial and senior official level in Riyadh on 14 March. The then Middle East Minister, my right hon. Friend the Member for Cannock Chase (Amanda Milling), also raised concern over the 81 executions with the Saudi ambassador to the UK. More recently, Saudi Arabia has executed 20 individuals for drugs-related offences since 10 November despite Saudi Arabia’s moratorium on the death penalty for drugs-related offences announced in January 2021.

Lord Ahmad, the Minister responsible for the middle east and human rights, requested a meeting and spoke to the Saudi ambassador last week, on 24 November. He raised UK concern over the recent executions and pushed for the 2021 moratorium for drugs-related offences to remain in place. During the meeting Lord Ahmad also raised an important case for my right hon. Friend, that of Hussein Abo al-Kheir, who is assessed by respected international non-governmental organisations to be at risk of imminent execution. There are allegations of torture and forced confession in this case, and the Minister reiterated His Majesty’s Government’s long-standing position on the death penalty and the importance of ensuring the 2021 moratorium was upheld.

Through Ministers and our embassy in Riyadh we regularly raise the death penalty as a key issue of concern with Saudi Arabia. We will continue to do so, and no aspect of our relationship with Saudi Arabia prevents us from speaking frankly about human rights.

[Mr Davis]

I thank the Minister for his description of Lord Ahmad’s work so far, which is welcome, but I have to say that in the context of the current circumstances we may have to step this up somewhat.

As the Minister said, despite assurances of a moratorium on the death penalty for non-violent drug offences, announced by Saudi Arabia’s own Human Rights Commission, Saudi Arabia has executed 20 people for drugs-related offences in just two weeks. We believe there are 55 other people currently at risk of the death penalty.

I wish to raise in particular the case of Hussein Abo al-Kheir. Mr al-Kheir is a poor Jordanian national, who is elderly and in poor health. He was arrested in 2014 for, supposedly, drug offences. He was tortured into a false confession, including being hung upside down from the ceiling and beaten. He has served seven years on death row and was told just days ago that he will be moved to a condemned cell. The UN working group on arbitrary detention has found his detention to be without legal basis and called for his release. He is clearly at risk of imminent execution, possibly with the Saudis thinking that the world’s attention is distracted by the World cup or something else. Al-Kheir’s case demonstrates the unabashed brutality of the regime: 147 people have been executed this year alone, including 81 on one day.

We know already that being too soft with totalitarian states comes back to bite us. We were too soft over Litvinenko’s murder, and we ended up with the Skripal poisonings. We have seen how Saudi Arabia behaves abroad, with the murder of Jamal Khashoggi; it is time to make it clear in no uncertain terms to it that it must abide by international civilised standards. If the Foreign Secretary—and I do say the Foreign Secretary—does so firmly enough, he will almost certainly save 55 further lives.

[David Rutley]

I thank my right hon. Friend for raising these issues and for doing so with his characteristic passion and conviction. His record on civil liberties and human rights is well known, and I want to reassure him once again that Lord Ahmad raised the case of the Jordanian national Mr al-Kheir with the Saudi ambassador on 24 November—so just last week he requested that meeting and had the conversation—and earlier in the year, on 25 January, Lord Ahmad raised the same case with the Saudi Justice Minister during the Minister’s visit to the UK. Our embassy in Riyadh has raised this case with relevant authorities and we will continue to monitor it and raise it at the highest levels.

Oral Answers to Questions

David Davis Excerpts

Tuesday 8th November 2022 Commons Chamber

[Mr Speaker]

Order. This also goes for the Government side of the House: we have to get Back Benchers in; it is not just a show for Ministers and their shadows.

[Mr David Davis (Haltemprice and Howden) (Con)]

I warmly welcome my right hon. Friend’s much overdue return to the Front Bench. His return is to the Government’s advantage but also to the advantage of millions of men, women and children who rely on Britain’s leadership in aid, which he has been singularly forthright in pursuing.

May I bring my hon. Friend back to the issue raised by the hon. Member for Birmingham, Edgbaston (Preet Kaur Gill) about the resources available for aid? Yesterday, the front page of The Times told us that millions if not billions of British money is being diverted from aid, saving the lives of children in north-east Africa, to the Home Office—

[Mr Speaker]

Order. It is not just about shadow Ministers and Ministers; it is also about ex-Ministers. [Laughter.]

Jagtar Singh Johal

David Davis Excerpts

Wednesday 7th September 2022 Commons Chamber

[Rehman Chishti]

I will take questions later, subject to what you say, Madam Deputy Speaker. The point I am trying to make, to bring the House together, is that this case has been raised with our counterparts at the highest level possible, and we will continue to do all we can to support Mr Johal in this particular case.

[Mr David Davis (Haltemprice and Howden) (Con)]

I associate myself with every word uttered by the hon. Member for West Dunbartonshire (Martin Docherty-Hughes). Let us be clear: we cannot talk about the case, but the allegation is clear. The allegation is that the British Government were complicit in the provision of information to the Indian Government knowing that it might be used for torture and in a capital case. The point is that this is not the first time that this has happened; it has happened on numerous occasions. When my right hon. Friend the Member for Maidenhead (Mrs May) was Prime Minister, she apologised for the most famous previous case in Libya. She said:

“We are profoundly sorry for the ordeal that you both suffered and our role in it.”

That was within a few months of Mr Johal’s arrest and the Government’s potential involvement.

There is not only one civil case looking at this issue; there is another case in my name and that of the hon. Member for Barnsley Central (Dan Jarvis) to demand that the Government review, as promised, their attitude to torture and their complicity and involvement in it. I ask the Minister whether he will give an undertaking that we will now have that review to cover the Johal case and all the others that went before it, and whether he will promise this House that we will never again be complicit in the torture of any British citizen.

[Rehman Chishti]

My right hon. Friend’s first point was that there are allegations in this case. Absolutely: there are allegations and there is a procedure and process that they must go through to be looked at. They are going through the High Court at this time. On that basis, I will not be drawn into commenting on that. He, and every other Member of Parliament, will recognise that if there is an allegation, it has to go through a process. Therefore, there is a separation of power between the Executive, the judiciary and the legislature. That specific matter is now at the High Court, and the High Court should make a determination on it.