Judiciary and Fundamental Rights

David Lidington Excerpts

Tuesday 22nd November 2011 Commons Chamber

[The Minister for Europe (Mr David Lidington)]

I beg to move,

That this House takes note of Unnumbered Explanatory Memorandum of 7 July 2011, the European Union Common Position on Judiciary and Fundamental Rights (Negotiation Chapter 23), relating to EU enlargement: Croatia; and supports the Government’s decision to agree the Draft Common Position at COREPER on 29 June and to adopt formally that agreed position at European Council on 12 July.

This debate concerns the European Union’s common position on the judiciary and fundamental rights chapter—chapter 23—of the accession negotiations for Croatia. It also concerns the Government’s policy of agreeing that EU common position in Brussels in June and formally supporting its adoption at the Economic and Finance Council on 12 July. During the debate, I hope to bring the House up to date on some of the more recent developments in the Croatian accession process and on the various reports of the European Commission about the improvements that Croatia has made.

I shall start by addressing the more general question of enlargement before moving on to where Croatia fits within the process. The United Kingdom is, and has been from the start, a strong supporter of EU enlargement as an effective and dynamic agent of change. In a changing world in which economic and political weight is swinging eastwards, the European Union will remain strong only if it is outward-looking and continues to grow. Successive British Governments have believed that membership of the EU should be open to any European country that wants to join and meets the rigorous accession criteria.

There are three key arguments for our consistent, cross-party support in the House for the process of EU enlargement. The first such argument is one of principle. The European treaties make it clear that membership of the European Union is in principle available to any European country that wants to join and that meets the accession criteria. It is very hard to establish any reasonable ground on which we could say to Spain, Portugal or France that they should be a member of the European Union but to Croatia or another country of the Balkans or eastern Europe that they should not—if they meet the accession criteria. I stress that second element. Support in this country for enlargement goes back a long way. Some 23 years ago, in her Bruges speech of 1988, Margaret Thatcher declared, at time when it was not fashionable or even believable to do so, that it was important for everybody in Europe to remember that Prague, Warsaw and Budapest were also great European cities.

[Mike Gapes (Ilford South) (Lab/Co-op)]

Will the Minister also confirm that Istanbul is a European city and welcome the fact that President Gul of Turkey is here this week on an official visit? Does he look forward to the day when Turkey can also take its place in the European Union?

[Mr Lidington]

Yes, I certainly support what the hon. Gentleman has said. Labour and Conservative Governments alike have consistently taken the position that we support Turkey’s ambitions to join the European Union. That accession process has helped to drive both political and economic reform within Turkey, and we want to see further progress being made at the earliest possible date.

[Keith Vaz (Leicester East) (Lab)]

I completely agree with what the Minister says. There has been cross-party support for the enlargement process, but when I held his job more than a decade ago there were 12 candidate countries beating at the door of the EU and asking to be admitted. At that stage, quite a lot wanted to join, so why does he think so few countries now want to join the EU?

[Mr Lidington]

I bow to the right hon. Gentleman’s experience, because I think he was quite a long-serving Minister for Europe. Part of the answer to his question is that there are now rather fewer European countries outside the European Union than was once the case. However, one thing that is common to the political leaderships of all the countries in the western Balkans is an ambition to become part of the European family of nations. We in the UK sometimes underestimate that strength of feeling. They regard membership of the EU as setting the seal on their democratic development and on the restoration of their place in the European family.

[Mr Peter Bone (Wellingborough) (Con)]

While we are having a trot around Europe, let me ask about countries such as Moldova that want to join the European Union. Does the Minister agree that what they really want is to join a free trade area rather than some sort of superstate?

[Mr Lidington]

In my conversations with Moldovan Ministers I find that they have ambitions for more than just a trading relationship. Certainly, when I have met the Moldovan Prime Minister, Foreign Minister and deputy Foreign Minister, they have stressed to me that they see value in market integration with the single market. However, they also see the move towards meeting European standards on democratic governance, rule of law and respect for human rights as in the interests of the people of Moldova, enabling them decisively to relegate to history their experience of Soviet rule over so many decades. Although Moldova is not a candidate for European membership at the moment, I have said publicly in Chisinau—I think I am still the only British Minister who has been to the British embassy in Chisinau—that we supported Moldova’s work within the Eastern Partnership as a matter of principle and that if it wished to take that further and in due course apply for membership and comply with the demanding accession criteria, the United Kingdom would strongly support and encourage that.

The second argument for enlargement develops from what I have just said to my hon. Friend the Member for Wellingborough (Mr Bone). There is a powerful political case for the enlargement of the European Union. Enlargement helps to create stability, security and prosperity across Europe. We see this most dramatically if we look at the recent history of central and eastern Europe. We have seen how the process of EU accession has helped to entrench democracy, the rule of law and human rights in parts of our continent where those values and traditions were crushed for most of the 20th century.

If the House contrasts the experience of central and eastern Europe in the 20 years from 1919 to 1939 with the 20 years from 1989 to 2009, it will see the difference that the institutionalisation of democratic reform through the EU accession process has made, and made for the good. Although I would happily say to my hon. Friends and to some hon. Members on the Opposition Benches that there are plenty of faults in the way the EU currently does business and the way it is constructed, when we weigh up the value of the European Union and the United Kingdom’s membership of the European Union, we need to take account of that rather proud political record in support for the development of a culture of human rights, the rule of law and democratic government in parts of Europe where those traditions have been absent for so long.

[Chris Heaton-Harris (Daventry) (Con)]

Will my right hon. Friend comment on Macedonia, which is keen to join the accession process? Is it not a fact that Croatia or any other country that wants to enter the European Union is signing a pact—a contract—to join the euro? What would be his advice to such countries on doing that at this time?

[Mr Lidington]

My advice is that that has to be a sovereign decision for the country concerned. I do not waver in my view that joining the euro would not be in the national interest of the United Kingdom, and I make no apology for having long held that view, but each country must take its own decision. Some countries with small economies, which are, perhaps, very dependent on trade with immediate European neighbours, would find it more difficult to see themselves outside the euro, at least over the longer term, than a country such as the UK. At the end of the day it must be a matter for each accession country to decide for itself in the course of EU negotiations.

The third argument for enlargement is an economic one and it is—

[Matthew Hancock (West Suffolk) (Con)]

Before my right hon. Friend moves on to that further point, is there not an important and slightly more domestic political benefit to support for enlargement of the European Union? There are more countries in the European Union that want to see a less deeply aligned European Union and more of a trading union, which we on the Conservative Benches also want to see. The more countries with that view of Europe, the better. Therefore accession countries with that view and that approach to markets should be encouraged.

[Mr Lidington]

My hon. Friend makes a very strong point indeed, although it would be a mistake to class all new accession countries as if they were of one mind and part of a bloc. The Government of the Czech Republic, for example, take an approach towards the European Union that on many issues is not dissimilar from that expressed by the United Kingdom Government. With the Slovak Parliament’s controversial debate over the future of the euro, we have seen the strong view that even a small member state is entitled to have a say and not be overruled by a directoire of the larger member states.

However, I caution my hon. Friend. If one looks at, say, Estonia, the ambition that it had to join the euro, and the celebrations on the streets when it joined the euro—[Interruption.] The hon. Member for Wolverhampton North East (Emma Reynolds) prompts me from a sedentary position about Poland, which is keen to be in the euro one day, but certainly not to be told what to do by other, older member states. There is a variety of different positions among member states.

The political value of enlargement is partly that it recognises the truth about the diversity of European political culture. It is important that as the EU evolves and reflects upon its own systems of governance and its institutional set-up, it does so in a way that takes full account of the diversity of European political and cultural experience. The model that may have served six member states in western Europe in the 1950s will not be the right one for a community of 27—soon to be 28—member states encompassing all parts of our continent.

The third argument for enlargement relates to economic interest. The economic benefits of expanding the single market are significant. British exports of goods and services to the 12 new member states of central and eastern Europe increased over the 10 years straddling their accession by more than two and a half times to over £11.6 billion in 2009. So there are advantages for our businesses and our people, as well as for the businesses and people of the accession countries. In Croatia’s case, meeting the single market rules means that British businesses will be better able to benefit from trade and investment opportunities in that country—for example, in Croatia’s expanding ports sector, its tourism industry and agriculture.

[Mr Philip Hollobone (Kettering) (Con)]

I want to challenge my right hon. Friend on the idea that an expanded Europe is good for security and stability. I declare my interest as a special constable with British Transport police. If one speaks to the British Transport police or the Metropolitan police, they say that every day police officers in London are arresting more and more EU nationals from eastern European countries, particularly Bulgaria, Romania and other accession states, as part of criminalised gangs working in London because London is the biggest, most cosmopolitan city in the European Union. With the EU expanding, the problem of crime on the streets of our capital city is getting worse because of the ease of access across international borders.

[Mr Lidington]

I pay tribute to my hon. Friend’s voluntary work for the British Transport police. I certainly believe that it is important that we ensure that the freedom of movement that comes with membership of the European Union is not applied in a way that can be abused. It is right that somebody who is coming here to take a job—in some cases it will be a job that British people have been unwilling to take on; one talks to a lot of employers who will say that—should be entitled to do so. If they are prepared to come here, live by the law, work hard, pay their taxes and make a contribution to society, few of us have problems with that. But I completely agree with my hon. Friend. If people seek to abuse the system and have come here to exploit our welfare system or to commit crime, the full rigour of the law should be applied against them.

[Mr Bone]

Will the Minister give way on that point?

[Mr Lidington]

I will give way once more to my hon. Friend, then I shall make some progress.

[Mr Bone]

The Minister, as usual, is being extremely generous. Is not the trick to put on a proviso that people coming from new accession countries will need a work permit to come and work in this country? In that way we can ensure that we get people into the EU, without necessarily worrying about flooding the market here for workers.

[Mr Lidington]

It certainly was a mistake made by the previous Government that the transitional controls that could have been applied to some of the new member countries were not applied. We are taking very seriously the transitional arrangements that still apply to Romania and Bulgaria. I would also say to my hon. Friend that the process of enlargement and the market integration that goes with that should over time—I accept that this is not an instant process—enable those countries to generate economic growth and employment opportunities themselves that make the sort of migratory pressures from unskilled workers less acute than he identifies them at the moment.

Further enlargement depends upon countries meeting accession criteria that are both fair and rigorous, and it is important when considering Croatia’s case to recognise that this conditionality has been further developed since the accession of Romania and Bulgaria, learning from the lessons of the accession experience of those countries, and that conditionality is of critical importance to protect the credibility of the enlargement process and to encourage future EU expansion.

The EU’s approach to negotiations with Croatia was guided by the European Council’s 2006 renewed consensus on enlargement. That was agreed in response to the lessons learned from previous negotiations with Bulgaria and Romania. In particular, it led to the creation of an entirely new chapter, chapter 23, to cover judiciary and fundamental rights. That arrangement, I stress, did not exist in previous accession negotiations. Croatia has therefore been through a much more rigorous accession process, especially over the matters that we are debating this evening, than did either Romania or Bulgaria.

Chapter 23 focused on ensuring that Croatia has a strong and independent court system, is tackling corruption and organised crime, is protecting fundamental rights and is dealing with the legacy of the Balkans’ wars in areas such as war crimes trials and refugee return. Chapter 23 was opened in June 2010, after the United Kingdom, working closely with partners, secured comprehensive and robust closing benchmarks. These included a requirement that Croatia co-operate fully with the international criminal tribunal for the former Yugoslavia.

The Commission published in March 2011 an interim report that concluded that Croatia had made considerable progress against closing benchmarks for chapter 23 but still had further work to do, and as a consequence of that Commission report, Croatia accelerated its efforts. We agreed with the Commission’s subsequent assessment, set out in the draft common position of June 2011, that over the six years of its accession process Croatia had undertaken significant reform efforts in the area of the judiciary and fundamental rights, that it had worked to improve the independence, impartiality, efficiency and professionalism of the judiciary, and it had improved its handling of domestic war crimes trials, strengthened the fight against corruption and increased Croatia’s protection of fundamental rights.

But I emphasise that that support for the common position does not mean that we accepted at that point that Croatia had done all that needed to be done, nor indeed had the European Commission made that conclusion. The key judgment is whether Croatia will be able to assume in full the obligations of EU membership from the date of its accession, which is proposed for 1 July 2013. The Commission recommended closing chapter 23 on the basis of its assessment that Croatia’s track record in these areas indicated that the reforms were sustainable and would not slip backwards after the conclusion of negotiations.

Crucially, the Commission also underlined the importance of Croatia continuing to develop a track record of implementation across the board. This last stipulation is very important, and one for which we worked hard during the negotiations. We secured a number of improvements in the EU common position, building on strong language included in the 24 June European Council conclusions. The key passage in those conclusions reads:

“Croatia should continue its reform efforts with the same vigour, in particular as regards the judiciary and fundamental rights, so as to be able to assume fully the obligations of membership from the date of accession. Monitoring up to accession of these reform efforts will give the necessary assurance to Croatia and to current Member States.”

We are determined that Croatia should fully meet EU requirements across the board, and particularly over chapter 23, by the time of accession, and we are determined to see that there is no backsliding. In fairness, Croatian Ministers repeatedly say, in bilateral meetings or at EU gatherings, that they are committed to ensuring that progress continues. During the final weeks of negotiation, we secured agreement to additional monitoring arrangements for Croatia, which will continue right up until its accession. We expect each of the Commission’s six-monthly reports on chapter 23, the first of which was issued on 28 October 2011, to show clear progress. I should say that the report issued on 28 October is still being analysed in detail by officials in my Department, but I undertake this evening to deposit copies of that report in the Library of the House and to write to the European Scrutiny Committee in order to draw its attention to the conclusions of that document.

A comprehensive monitoring report will be presented to the European Parliament and to the Council in the autumn of 2012, and these six-monthly reports, together with the comprehensive report next autumn, will allow both Governments and Parliaments right across the European Union to assess Croatian progress towards full alignment with the acquis and with European standards by the time of accession.

Croatia is fully aware that the monitoring measures now put in place enable the Council to take what are termed “all appropriate measures”, as agreed at the 24 June European Council, if issues of concern are identified during the monitoring process. A system of sticks and carrots is built into the pre-accession monitoring process to enable the Commission, on behalf of member states, to keep a very close eye on the detailed progress that Croatia is making and to flag up any concerns that might be discovered about backsliding.

Croatia is also aware that in order to accede to the EU on the target date of 1 July 2013, her accession treaty must have been ratified by each of the 27 member states, including by this Parliament. As the House knows, the Croatian accession treaty will require ratification under the terms of the European Union Act 2011, and that will require primary legislation going through both Houses of Parliament here. It seems to me that Croatia knows that it must address thoroughly all the concerns of the member states if it is to secure that full ratification.

On the basis of the clear progress already achieved by Croatia, together with this pre-accession mechanism for robust monitoring right up to accession, we agreed to close negotiations on chapter 23. Since the closure of those negotiations earlier this year, Croatia has continued to make progress in implementing the necessary reforms. This was noted in the Commission’s progress report, published on 12 October 2011. I want to highlight the progress that has been made in several areas, which the European Scrutiny Committee identified as important in its 38th report to the House.

The Commission’s report notes that Croatia has made substantial progress on judiciary and fundamental rights, and that reform of the judiciary has continued. Croatia has continued to demonstrate progress on updating its judicial reform strategy and action plan, and it has also continued to work on strengthening the protection of minorities, with good progress on refugee returns. In support of an autonomously functioning stable judiciary Croatia has, for example, made changes to its Conflict of Interest Act to depoliticise appointments to the supervisory boards of state-owned companies, as well as to membership of the conflict of interest commission itself, and that commission has already received 3,000 Croatian officials’ declarations of assets.

[Mr Hollobone]

My hon. Friend mentions that progress on refugee returns has been good, but as I understand it, Croatian co-operation has fallen some way short of being full, because whilst the overall case backlog on outstanding refugee return issues has fallen by 10,000, there were still 785,561 to go. Why is that good progress? It seems very small progress to me.

[Mr Lidington]

I will move on to that in a moment, because we certainly agree that Croatia has a lot more to do. I do not pretend that everything is fine and dandy, because more needs to be done, but I am saying to my hon. Friend and to the House that Croatia’s continued progress since the closure of negotiations early this year encourages us to be confident in the political resolution of Croatia’s Government and opposition parties to take forward compliance with European standards with the necessary determination and speed.

[Keith Vaz]

I am grateful to the Minister, who is being extremely generous in giving way to so many Members. One concern that we must address is the tendency for the focus from Brussels suddenly to disappear when a country joins the EU. A lot of time is spent negotiating the acquis, but once countries join no one seems to bother about them. Does he agree that it is important that the monitoring process continues even though those countries are full members of the EU and that there should be some kind of buddy principle that allows some countries to assist others in the process of fully integrating into the EU?

[Mr Lidington]

I recognise the right hon. Gentleman’s point, and describing it as a buddy system makes it sound quite cuddly and attractive, but I would not want to make routine the experience of the mechanism for co-operation and verification that was invented for the accession of Romania and Bulgaria. Whether one talks with political leaders in those countries or in some of the older member states, one finds a common recognition that that was a very unhappy way for those negotiations to turn out and that it left those two countries feeling that they are being treated as second-class members, even though their accession treaties have been negotiated, signed and ratified by everyone. It has left some of the older member states feeling that the decision to allow Romania and Bulgaria to accede was agreed without all the standards being adequately met.

The introduction of chapter 23, which was used for the first time with Croatia, has been a significant step forward in trying to address up front, before we get to the end of accession negotiations, let alone ratification of an accession treaty, the problems that have persisted with Romania and Bulgaria that we seek to address through the mechanism for co-operation and verification.

The right hon. Member for Leicester East (Keith Vaz) might already know that we are discussing some interesting proposals from Commissioner Füle, the Enlargement Commissioner, to develop a new approach towards enlargement that would seek deliberately to front-load some of the most difficult elements of an accession negotiation precisely so that an accession state not only can implement challenging reforms, but has time to develop a track record so that we can see the results of those reforms, rather than those being addressed at the last stage of negotiations when questions are inevitably asked about whether the reform will be sustained over a long period of time. It is important that we learn from experience. I do not want us to repeat in future cases the experience of Romania and Bulgaria.

The Commission’s report also noted substantial progress in the fight against corruption, including continued political commitment and a number of further investigations launched and indictments and court rulings issued, including at high levels. The most high-profile case, the trial of former Prime Minister Ivo Sanader for diversion of funds, opened in November this year. However, I want to emphasise that the Government completely accept that Croatia still has more to do. A number of judicial reforms are still at a very early stage. The long-standing issue of case backlogs in old civil cases and enforcement decisions remains a problem, although numbers have decreased. We will be looking for rapid progress once the new enforcement law and public enforcement agency become operational in January 2012.

Although the handling of domestic war crimes cases has improved, the issue of impunity needs to be thoroughly addressed. We welcome the adoption of a new strategy on impunity that recognises the existence of uninvestigated and unprosecuted crimes and the creation of new dedicated specialist chambers for war crimes trials. In June, criminal charges were raised in 84 such cases. Continued full co-operation with the International Criminal Tribunal for the Former Yugoslavia is also particularly important. We constantly stress that to Croatia and fellow EU member states and remain in contact with Chief Prosecutor Brammertz, whom I met a couple of weeks ago in the Hague, in order to ensure that we are fully up to date with his thinking about the co-operation of the Croatian authorities with ICTY.

We welcome the Croatian Parliament’s adoption on 21 October of a declaration on the promotion of European values in south-east Europe, which states a firm commitment from Croatia that bilateral issues such as border disputes must not obstruct the accession of candidate countries to the EU from the beginning of their accession process.

Britain has been helping Croatia to tackle many of the concerns relating to outstanding reform. If the House wishes, and I catch your eye, Madam Deputy Speaker, I will be happy during the concluding remarks to address that in more detail or to write to interested Members. Bilateral assistance currently runs at nearly £500,000 a year, carefully targeted in particular on some of the judicial and rule-of-law reforms where outstanding work is still needed.

In conclusion, Croatia has made great progress over the course of its accession negotiations in meeting the rigorous closing benchmarks set for each negotiating chapter. The United Kingdom was also successful in securing robust pre-accession monitoring that will enable this House to maintain a close watch on the further progress that we still need to see. It was on this basis that the Government were able to agree to close negotiations with Croatia and agree a target date of 1 July 2013 for EU accession. Croatia still has more to do over and above that required by closing benchmarks, but the Commission has reported continued progress since the closure of negotiations and we expect Croatia to continue to make swift progress towards finalising its full alignment with EU requirements before 1 July 2013. We have heard from the Commission within the past few days that it will propose that the draft decision on Croatian accession will be agreed at the General Affairs Council on 5 December to enable the treaty of accession to be signed by Heads of State and Government at the European Council on 9 December. I shall be writing imminently to the European Scrutiny Committees of this House and the House of Lords to set out the Government’s approach to that draft decision.

Croatia is a friend of the United Kingdom, but we shall be a candid, honest friend, who will monitor closely Croatia’s evolving track record and speak openly to our Croatian friends about the work that still needs doing.

We expect the Croatian Government to act rapidly to implement the remaining necessary reforms, and her continued commitment to reform provides an excellent example to the other countries of the western Balkans in pursuing their European future.

Croatian accession will represent the achievement of an historic goal not only for Croatia, but for the European Union. The enlargement process has encouraged and supported reform and transformation in Croatia, a country now only a few small steps from being a fully prepared member of the EU.

We now look to Croatia to take those last remaining steps, by which it will have fully met the strict requirements for entry to the European Union, and I commend the motion to the House.

--- Later in debate ---

[The Minister for Europe (Mr David Lidington)]

I shall not have time to respond to all the points that have been raised, but I undertake to write to Members who have asked detailed questions, and to place copies of the letters in the Library of the House.

Many of the concerns that have been expressed about Croatian accession derive, understandably, from the experience of Romania and Bulgaria, but I think that there are important differences between the two instances. The earlier problems arose because difficult issues involving justice were not tackled in a systematic manner, upfront, at an early enough stage in the accession negotiations. The process that we are debating this evening was deliberately designed to enable us to learn from the failures of that experience. The decision that must be made by the European council in December—this deals with the point made by the hon. Member for Linlithgow and East Falkirk (Michael Connarty)—is not whether to admit Croatia to the European Union immediately, but whether by July 2013, on the basis of the evidence that we have so far and the intent declared by the Croatian leadership so far, Croatia will be in a position to move smoothly towards accepting all the responsibilities of EU membership.

[Michael Connarty]

Will the Minister give way?

[Mr Lidington]

Very briefly.

[Michael Connarty]

Will there be a veto before 2013, after December?

[Mr Lidington]

Between the signing of the accession treaty and Croatia’s joining the European Union, we shall have the process of pre-accession monitoring that I have described, as well as the three safeguard clauses that are written into the treaty and are powerful mechanisms for ensuring that Croatia continues to make the progress that it has promised. Finally, all 27 members of the EU—including this Parliament—must vote to ratify Croatian accession, which in this instance means primary legislation. To inform its judgment on whether Croatia has met the standards required, the House should have access to the sequence of monitoring reports from the European commission and the reports from the chief prosecutor of the International Criminal Tribunal for the Former Yugoslavia. Therefore, when this House takes the decision on whether to ratify Croatian accession, it will have available to it the evidence about the progress that Croatia has still to make.

I believe that Croatian accession will provide enhanced economic opportunities for British business, as well as for the people and businesses of Croatia, and the political gain of seeing an important country in the western Balkans brought firmly within a European political system based on the rule of law and democratic rights. We have seen too much bloodshed and warfare in the Balkans to be content to shut them outside the door and see the problems of organised crime, people trafficking and illegal immigration persist indefinitely. The accession process is our best chance of getting those problems sorted to the benefit of us all. I believe that the way forward is that accepted by the Government in June this year, and I hope to have the support of the House.

Question put and agreed to.

Resolved,

That this House takes note of Unnumbered Explanatory Memorandum of 7 July 2011, the European Union Common Position on Judiciary and Fundamental Rights (Negotiation Chapter 23), relating to EU enlargement: Croatia; and supports the Government’s decision to agree the Draft Common Position at COREPER on 29 June and to adopt formally that agreed position at European Council on 12 July.

Post-Foreign Affairs Council and General Affairs Council

David Lidington Excerpts

Monday 21st November 2011 Written Statements

[The Minister for Europe (Mr David Lidington)]

The Foreign Affairs Council (FAC) and General Affairs Council (GAC) were held on 14-15 November in Brussels. My right hon. Friend the Foreign Secretary attended the FAC (foreign affairs). My hon. Friend the Under-Secretary of State for International Development attended the FAC (development). The UK Permanent Representative attended the GAC.

The agenda items covered were as follows:

Foreign Affairs Council (foreign affairs)

The FAC was chaired by the high representative of the European Union for Foreign Affairs and Security Policy, Baroness Ashton of Upholland. A provisional report of the meeting (both foreign affairs and development), and all conclusions adopted, can be found at:

http://www.consilium.europa.eu/uedocs/cms_data/docs/pressdata/EN/foraff/126064.pdf

Afghanistan

Ministers agreed conclusions (see link) that approved a mandate for an EU co-operation agreement for partnership and development with Afghanistan. They also agreed to extend the EU police mission in Afghanistan (EUPOL) in principle until the end of 2014, and made a commitment to support Afghan efforts in strengthening policing and the rule of law beyond 2014.

The Foreign Secretary stressed the importance of a clear vision for a future political settlement being set out by Afghanistan at the Bonn conference on 5 December. He also underlined Pakistan’s key role and the need for the EU to maintain momentum on engagement with Pakistan, as agreed by Ministers in the Foreign Affairs Council in July.

Syria

Ministers adopted conclusions (see link) and restrictive measures against a further 18 members of the Syrian regime and stopping all European Investment Bank loans. Following the FAC, the Foreign Secretary said:

“I welcome the EU’s decision today to apply further pressure on President Assad’s regime, following the strong measures announced by the Arab League this weekend. The EU has listed a further 18 individuals involved in or supporting the regime’s activities, including military, security and intelligence officials leading military operations in Syria. In addition, the EU has moved to prevent any further disbursement of loans from the European Investment Bank to Syria.

President Assad has ignored countless calls by the international community to put an end to the horrific violence in Syria. Since the Syrian regime’s claim to have agreed to the plan put forward by the Arab League on 2 November, violence has only escalated with a death toll of over 3,500 people since March. As long as the violence continues, we will continue to press the Syrian regime to bring an end to this killing”.

Libya

Ministers agreed conclusions (see link) welcoming the declaration of the liberation of Libya on 23 October. They encouraged the National Transitional Council to respect human rights in line with its constitutional charter.

The Foreign Secretary emphasised the success of NATO’s military intervention. The three key actions for now were moving forward with EU support, engaging the tools of the neighbourhood policy and sending measured but clear signals on our expectations on human rights, including the rights of women.

Tunisia and Egypt

Conclusions welcomed the “historic” elections in Tunisia (see link). Baroness Ashton laid out support under way or ready to be negotiated with the new Government: agricultural liberalisation, “open skies”, a mobility partnership, a free trade agreement, and a doubling of funding in 2011 to €160 million. On Egypt, there was a brief exchange on elections due later this month. Ministers are likely to return to this at their meeting in December.

Horn of Africa and Somalia

Ministers adopted a strategic framework for the horn of Africa (see link). This will guide EU action in five areas: building robust and accountable political structures; contributing to conflict resolution and prevention; mitigating security threats emanating from the region; promoting economic growth, and supporting regional economic co-operation.

On Somalia, Ministers adopted conclusions (see link) which expressed concern about the situation in Somalia, reaffirmed the EU’s commitment to support AMISOM and to continue the EU training mission for Somalia’s security forces.

The Foreign Secretary set out the UK’s support for Kenyan action in Somalia, which he stressed should be done in co-ordination with the Transitional Federal Government and in compliance with international law. He also outlined proposals for an international conference on Somalia in 2012, announced by the Prime Minister on 14 November.

Iran

Ministers agreed conclusions (see link) expressing increasing concern about the possible military dimensions of the Iranian nuclear programme and the lack of progress with diplomatic efforts. They also raised the prospect of reinforced sanctions measures in December.

Common Security and Defence Policy (CSDP)

Over lunch. Ministers discussed current and possible future CSDP operations. The Foreign Secretary set out the UK’s substantial contribution to European defence, not least as the EU country with the largest defence budget. He also reiterated the UK’s long-standing opposition to the establishment of an EU Operational Headquarters. Baroness Ashton concluded that EU Defence and Foreign Ministers would discuss this further at their meetings on 30 November and 1 December respectively.

Foreign Affairs Council (development)

The EU Common Position for the Fourth High-Level Forum on Aid Effectiveness (HLF-4, Busan, 29 November to 1 December 2011)

The EU common position for Busan was adopted and received general endorsement from member states. Mr O’Brien stated the UK’s desire to see a clear focus on transparency, results and fragility and stressed the importance of ensuring Busan produces an ambitious outcome that engages broader development actors as well as traditional donors. This was endorsed by Commissioner Piebalgs and the High Representative Baroness Ashton.

Ministers also discussed the issue of EU “joint programming”. Commissioner Piebalgs proposed a Busan initiative which launched joint programming in pilot countries. Mr O’Brien set out the UK’s concerns and made it clear that consultation on any list of countries and any form of EU co-ordination must be country-led, pragmatic and open to all donors, rather than led by Brussels.

Horn of Africa

Development Ministers addressed the humanitarian and development aspects of the horn of Africa crisis, continuing the discussion held by Foreign Ministers during the Foreign Affairs Council earlier in the day. Commissioner Georgieva praised UK leadership in the horn of Africa and called for a concerted long-term effort which addressed resilience.

Mr O’Brien called for a sustained EU effort over 2012 with more member states providing support and highlighted the importance of engaging with Turkey, the Gulf states and other donors in an ambitious response based on need and resilience. Baroness Ashton concluded by endorsing Mr O’Brien’s message on the need for a holistic response and the importance of finding a political solution. This was supported by a number of member states. The Under-Secretary of State also confirmed that the UK would be hosting the Somalia conference next year. The announcement was met with wide approval from Ministers, Baroness Ashdown and the Commissioners attending.

Future of EU Development Policy

Ministers endorsed the recent European Commission’s (EC) communication on “Increasing the Impact of EU Development Policy: An Agenda for Change”. Mr O’Brien stressed the importance of establishing a results framework for EU aid and also reinforced the UK concerns on EU joint programming.

EU Budget Support

This item focused on the EC Communication on “The Future Approach to EU Budget Support to Third Countries”, which was broadly welcomed by Ministers. There was general agreement on the principle of differentiating aid—ensuring it is more focused on the poorest countries. Mr O’Brien stressed that decisions on budget support should be made in-country on a case-by-case basis, with non-EU donors and member states retaining full ministerial responsibility over funding decisions.

AOB: G20 and Energy for All

Limited time was afforded to these AOB points. Nevertheless, France highlighted the achievements of the French G20 Cannes declaration. Additionally, Commissioner Piebalgs stated that he would write to Ministers on his initiative on Sustainable Energy for All.

General Affairs Council (GAC)

The GAC was chaired by the Polish EU presidency (Mikolaj Dowgielewicz, State Secretary for European Affairs). A draft record of the meeting can be found at

http://www.consilium.europa.eu/uedocs/cms_data/docs/pressdata/EN/genaff/126082.pdf

Multiannual Financial Framework

Ministers discussed the EU’s multiannual framework for 2014-2020. The presidency indicated that it would present a report to the European Council on 9 December. It stressed that this report would signal the end of the clarification stage, paving the way for negotiations to begin in earnest in January 2012 under the Danish presidency.

The UK Permanent Representative set out the UK’s views. The current proposals were too high. The Commission needed to explore ways of replacing some current expenditure rather than adding more. Proposals to increase structural and cohesion funds as well as the Connecting Europe Facility were also too high. The UK could not support macro-fiscal conditionality on EU Budget funding due to the special position of the UK by virtue of protocol 15 of the treaties. Structural funds should be directed towards the poorest regions which are mostly located in the poorest member states. And the Commission’s proposals on the common agricultural policy needed to be substantially reduced.

October and December European Councils

Ministers reviewed the proposed agenda for the December Council which includes economic issues, energy and EU enlargement. Signature of the treaty on the accession of Croatia to the EU is scheduled for the margins of the December Council.

During the discussion on draft European Council conclusions the UK Permanent Representative stressed the need to reflect earlier Council conclusions on ensuring the widest possible reduction of regulatory burden and the importance of trade as a driver for growth. The UK Permanent Representative welcomed the undertaking of President van Rompuy to update the European Council on the reflections of the euro area member states, but noted that October European Council conclusions had talked in more explicit terms about the integrity of the EU as a whole and the role of the 27 in any discussion on treaty change; and that the UK wanted to see that approach reflected here.

Strategy for the Baltic Sea Region

Ministers agreed conclusions (see link) which welcomed the European Commission’s report on the Baltic sea strategy which had been agreed by the General Affairs and External Relations Council in October 2009.

I will deposit copies of this note in the Libraries of both Houses. And I will also continue to update Parliament on future Foreign and General Affairs Councils.

Foreign Affairs Council and General Affairs Council

David Lidington Excerpts

Thursday 10th November 2011 Written Statements

[The Minister for Europe (Mr David Lidington)]

The Foreign Affairs Council (in both foreign affairs and development formats) and General Affairs Council will meet in Brussels on 14-15 November. My right hon. Friend the Foreign Secretary will attend the Foreign Affairs Council. My hon. Friend the Under-Secretary of State for International Development will attend the development Foreign Affairs Council.

Foreign Affairs Council (FAC)

EU-Russia

The pre-FAC dinner on 13 November will discuss EU-Russia, although we also expect this to cover Georgia, Ukraine and Belarus. This will be a good opportunity to explore with partners medium-term prospects for the EU-Russia relationship. We will use the opportunity to set out what we want to achieve at the EU-Russia summit on 15 December: progress on the Transnistria conflict, reduction of trade barriers and progress on a new EU-Russia agreement.

Afghanistan

We are working to secure a strong and enduring EU commitment to Afghanistan which will reassure the Afghans that 2014 will not mark the end of international support. Ahead of the 5 December Bonn conference on Afghanistan, we want the FAC to agree a negotiating mandate for a long-term EU-Afghanistan partnership; commit to extend the EU policing mission (EUPOL) mandate in Afghanistan to the end of 2014; and make a political commitment to involvement in justice and development reform after 2014. Pakistan has a key role to play in this process, and we will continue to make the case for increased EU engagement.

Southern Neighbourhood (Tunisia/Egypt/Syria/Libya/Yemen)

We will continue to encourage partners to look at how we might incentivise the EU’s offer to its southern neighbours, especially Egypt and Tunisia, while continuing to ensure that it is clearly linked to reform benchmarks. This will be an opportunity for Ministers to respond to the recent elections in Tunisia. We expect the discussion to focus on how to maintain momentum to deliver the outcomes of the EU-Tunisia taskforce in September and plans for further support to Tunisia. On Egypt, the EU needs to assess further how its package of economic and trade incentives can support reform.

On Syria, we are urging the EU to consider increasing the pressure on the Syria regime, including through new sanctions, unless it immediately takes action to end the violence against protestors as outlined in the Arab League’s initiative of 2 November.

On Libya, Ministers will have an opportunity to welcome liberation and to reinforce EU support for the newly appointed Prime Minister of the future transitional Government. Discussion is likely to focus on progress on Government formation and an update on stabilisation issues. We want the Council to reiterate its strong message of support to the Libyan authorities.

Baroness Ashton is likely to raise briefly the continuing political impasse in Yemen and the damage this is causing to an already fragile economic, humanitarian and security environment. We expect more detailed discussion on Yemen at the 1 December FAC.

The Horn of Africa

We expect Baroness Ashton to seek agreement on the adoption of the strategic framework for the horn of Africa—which has been submitted under an explanatory memorandum to both Houses. The strategic framework focuses on regional and cross-cutting issues, including development, piracy, counter-terrorism and trade. We are broadly supportive of this approach as it will enable the EU to make its engagement in the horn of Africa more effective through consistent, coherent and complementary use of its instruments and by focusing more clearly on the underlying challenges of the region.

Baroness Ashton is also expected to seek agreement to a set of Council conclusions on Somalia. The conclusions are expected to reconfirm the EU and member states’ commitment to working with Somali stakeholders and international partners on a broad spectrum of issues including alleviating the humanitarian crisis, making progress towards a lasting political solution to the conflict, ensuring a credible and inclusive process towards a new constitution and tackling terrorist and pirate security threats that emanate from Somalia.

Serbia/Kosovo

Baroness Ashton is expected to update Ministers on the EU-facilitated dialogue between Pristina and Belgrade. We expect EU member states to give Baroness Ashton strong support for her efforts on the dialogue as a way of building practical co-operation between Kosovo and Serbia and of helping both countries make progress towards the EU in a more stable fashion.

Common Security and Defence Policy (CSDP)

We will continue to encourage the development of European civilian and military capabilities, better EU-NATO relations and a more joined-up approach to crisis management. There is likely to be informal discussion on the EU’s military planning structures on which we have made, and will continue to make, our opposition to new institutions very clear. We expect formal conclusions to be agreed at the 1 December FAC.

EU-US Summit

We expect Ministers to be briefed on the preparations for the forthcoming EU-US summit taking place in Washington on 28 November. The summit is likely to focus on the pressing issues on the international agenda, including the global economy and the Arab spring.

Foreign Affairs Council for Development Ministers

Future of EU Development Policy

Ministers will discuss the recent European Commission’s (EC) communication on “Increasing the Impact of EU Development Policy: An Agenda for Change”. The communication sets out a more strategic EU approach to reducing poverty, including through a more targeted allocation of funding. Council conclusions for this communication are set to be adopted at the next Development FAC in 2012.

EU Budget Support

This item will focus on the EC communication on “The Future Approach to EU Budget Support to Third Countries”. The communication aims to improve the Commission’s budget support mechanisms and proposes an updated approach to the provision of various types of budget support. Council conclusions for this communication are also set to be adopted at the next Development FAC in 2012.

The EU Common Position for the Fourth High-Level Forum on Aid Effectiveness

(HLF-4, Busan, 29 November to 1 December 2011)

Ministers will adopt a common EU position for the fourth high-level forum on aid effectiveness, taking place in Busan from 29 November to 1 December 2011. The UK Government’s priorities, transparency and fragility, are well reflected in the draft conclusions. We will support proposals for an ambitious outcome in Busan, one that is endorsed by all including the broader development actors.

Horn of Africa

This discussion will be held over dinner, continuing the discussion held by Foreign Ministers during the FAC. This is an opportunity to encourage member states and the EC to provide support for the horn of Africa through 2012 for humanitarian and recovery-related requirements. We will also encourage the EC to ensure resilience is built into humanitarian efforts and communities are developed to withstand humanitarian shocks.

General Affairs Council (GAC)

October and December European Councils

The European Council of 23 October focused on economic policy, the G20, climate change and foreign policy. Although overshadowed by the ongoing eurozone crisis, the focus on economic growth was welcome. The statements on Libya and the Arab spring, although not on the original agenda, were also welcome.

The conclusions of the October European Council meeting can be found at:

http://www.consilium.europa.eu/uedocs/cms_data/docs/pressdata/en/ec/125496.pdf.

This was quickly followed by an informal meeting of the members of the European Council on 26 October to prepare the Euro summit.

The statement from the informal meeting can be found at:

http://www.consilium.europa.eu/uedocs/cms_data/docs/pressdata/en/ec/125621.pdf.

The Euro summit statement can be found at:

http://www.consilium.europa.eu/uedocs/cms_data/docs/pressdata/en/ec/125644.pdf.

The General Affairs Council will also discuss preparation for the December European Council. The agenda includes the ongoing economic issues for the EU, energy policy and enlargement.

Multi-annual Financial Framework (MFF)

The European Commission has released the proposal for a Council regulation laying down the MFF for the period 2014-2020 on 29 June 2011. (See link below.)

http://ec.europa.eu/budget/library/biblio/documents/fin_fwk1420/proposal_council_regulation_COM-398_en.pdf

The UK’s position on the MFF is that budgetary constraint and ensuring that the EU budget contributes to domestic fiscal consolidation are the highest priorities.

The Prime Minister has stated, jointly with France and Germany, that the maximum acceptable expenditure increase for the next MFF would be a real freeze in payments. This must be year on year from the actual level of payments in 2013.

At a time of ongoing economic fragility in Europe and tight constraints on domestic public spending, the Commission’s proposal for the MFF is unrealistic. It is too large; it is not the restrained budget the Commission claims; and it is incompatible with the tough decisions being taken in countries across Europe.

Baltic Sea Strategy

The General Affairs and External Relations Council and European Council endorsed the implementation of the Baltic sea strategy in October 2009. The broad aim of the strategy is to address common challenges in the region. The GAC is expected to agree conclusions welcoming a progress report on the strategy.

Cluster Munitions

David Lidington Excerpts

Wednesday 9th November 2011 Commons Chamber

[The Minister for Europe (Mr David Lidington)]

I congratulate the hon. Member for Gower (Martin Caton) on securing the debate and on the way he has for some years in this place consistently championed the cause of eliminating cluster munitions from the world. He has been tireless in drawing the matter to the House’s attention and in insisting that it should be high on the political agenda of successive Governments. I also want to acknowledge the presence here and contributions of the hon. Member for Strangford (Jim Shannon), my right hon. Friend the Member for Tonbridge and Malling (Sir John Stanley) and my hon. Friends the Members for Stafford (Jeremy Lefroy) and for Wells (Tessa Munt).

I start by stating unequivocally that the UK and the Government remain fully committed to the objective of ridding the world entirely of cluster munitions. As the hon. Member for Gower said, the UK was one of the original 46 states to join the negotiating process for a convention to prohibit the use, development, production, acquisition, stockpiling and transfer of such munitions. Those negotiations ultimately led to the coming into force of the convention on cluster munitions.

It is fair to say that the previous Government and previous Prime Minister are entitled to take pride in the part that they played in that. I remember speaking from the Opposition Front Bench when the Bill that became the Cluster Munitions (Prohibitions) Act 2010 was going through its stages in the House of Commons. I am glad that that legislation was taken through without amendment and with almost universal cross-party support.

The 2010 Act paved the way for this country to ratify the convention, enabling us to become the 32nd state party to the convention in November last year. It comprehensively implemented in UK law the obligations set out in the convention and it prohibited activity including the use, stockpiling, production and transfer of cluster munitions from taking place within the UK, and by any UK national wherever in the world they might be. The Act also established appropriate penalties and enforcement mechanisms, up to a 14-year prison sentence.

The convention on cluster munitions is rightly recognised as one of the most significant disarmament treaties of recent years. It is a great testament to what can be achieved by states and non-governmental organisations working together. I want to make it absolutely clear that, for this Government, the convention remains the gold standard for work on cluster munitions—the standard that we want all countries to aspire to and to accept and to which this country is determined to adhere.

We take our obligations under the convention very seriously. Immediately after signing the convention in May 2008, the United Kingdom withdrew all cluster munitions from operational service. That represented some 38 million sub-munitions. The United Kingdom then began the active destruction of these stockpiles in anticipation of ratification. I am pleased to be able to tell the House that so far we have already destroyed nearly two thirds of those stockpiles, or some 25 million sub-munitions. Under current plans, it is our intention to destroy the remainder by the end of 2013, or five years ahead of the deadline imposed by the CCM. This represents an early and dedicated effort to realise as quickly as possible, and in a safe, secure and environmentally responsible manner, our obligation to destroy munitions that are prohibited by the convention. We have shared the experience that we have gained and the lessons learned from that stockpile destruction programme with other signatories, and those countries have appreciated that advice and assistance.

At the same time, we have played a full role in delivering on our treaty obligations regarding international co-operation and assistance. Between 2010 and 2013, the United Kingdom will spend more than £30 million on mine action work. This includes the clearance of unexploded ordnance, including cluster munitions, around the world. In addition to this programme, we have allocated significant additional funding for mine action work in Afghanistan and Libya. The provision of this assistance is based on our published mine action strategy, which includes three main objectives: first, to release land affected by the explosive remnants of war so that it can make a measurable contribution to the socio-economic development of affected communities; secondly, to help Governments to take full responsibility for their national mine action programmes; and thirdly, to improve value for money in mine action.

With this strategy, we are concentrating our support on the states in greatest need. As recognised in the Vientiane action plan agreed at the first meeting of the states party to the convention on cluster munitions, the United Kingdom believes that particular attention should be paid to the world’s poorest, least developed states. Our strategy therefore gives priority to work that helps those countries first. Specific examples of assistance programmes include £27 million for two partners—the Mines Advisory Group and the HALO Trust—principally for operations in Cambodia, the Democratic Republic of the Congo, Iraq, Laos, Mozambique, South Sudan and Vietnam; and a further £5 million granted to the UN Voluntary Trust Fund that is supporting mine action in countries including Afghanistan, Cambodia, the Democratic Republic of the Congo, Iraq, Laos and Mozambique. We are fully committed to international co-operation and assistance. In just six months of our sponsored projects starting in Cambodia, Laos, Mozambique and Vietnam, 2.5 million square metres of land considered a high priority by those Governments for their national planning purposes had been cleared and returned to communities for productive use.

In addition to these efforts, the Government are fully committed to seeking a global ban on cluster munitions. That is a Government priority, and we continue to promote the universalisation of the CCM during all relevant bilateral meetings, as well as in multilateral forums.

Most recently, the UK, in partnership with non-governmental organisations and the International Committee of the Red Cross, hosted a workshop for Commonwealth countries, which was opened by my noble friend Lord Howell. The UK remains fully committed to the convention on cluster munitions and to a world free of cluster munitions. That is the standard we shall adhere to, that all states should aspire to and that we will continue to promote.

We cannot ignore the fact that, as the hon. Gentleman said, according to some estimates, 85% to 90% of the world’s stockpiles of cluster munitions are held by countries that are not parties to the Oslo agreements and to the convention. Nor can we ignore the fact that, sadly, there is little prospect of the non-Oslo states becoming parties to the convention on cluster munitions any time soon. That is a matter of profound regret. We continue to urge those countries, from the greatest to the smallest, to move forward and join the CCM.

It is in that context that negotiations have been under way for some time for a draft protocol VI on cluster munitions, within the convention on certain conventional weapons. The UK, along with the vast majority of signatories to the convention on cluster munitions, has participated constructively in those negotiations, but it has done so with a clear objective. We are determined to ensure that any protocol on cluster munitions that emerges from the talks for adoption by the CCW parties is complementary to and does not contradict the rights and obligations of states parties to the convention on cluster munitions. We also want to ensure that the additional humanitarian benefit that any proposed protocol would deliver is significant and demonstrable.

We think that working with the world’s major producers and users of cluster munitions towards a full prohibition—I emphasise that last phrase—is entirely consistent with our obligations under the CCM and that it would be irresponsible of us to refuse to engage with the countries that we wish to persuade to move towards adoption and implementation of the CCM, but which have so far refused to do so.

[Martin Caton]

I can see that the Government might be able to find a form of words that does not apparently contradict the CCM. However, these countries obviously will not give us a protocol that includes a complete ban, so what will happen in practice is that a green light will be given to some of the worst munitions, such as the M85. In practice, if the protocol goes through, it will contradict the existing convention and it will be very dangerous.

[Mr Lidington]

Negotiations are under way and we have a seat at the table. I think that we are right to take part in those talks. However, we are a long way from seeing a protocol that we regard as worth debating or as acceptable in any way.

I will go into a little more detail. The negotiations on protocol VI have produced a draft protocol that would see states that agreed to be bound by it take on a legally binding obligation to prohibit the use of pre-1980 stocks of cluster munitions. We reckon that that could account for a third of the world’s stockpile of these munitions. The draft protocol, as it currently stands—of course, it may be subject to change—would also create obligations regarding victim assistance, clearance of cluster munition remnants and reporting on stockpiles.

Some of those things, of themselves, would be a step forward, but we are disappointed by the progress achieved during negotiations on a draft protocol VI. Our approach to those talks remains unchanged. We will participate in negotiations at the CCW review conference this month, with the aim of getting the best possible result, and we will be guided by our determination to deliver a significant humanitarian outcome and, crucially, not to undermine the progress made under the Oslo treaty. We will therefore continue to press the world’s users and producers to give up more, to be more transparent and to be explicit in their commitment to work towards a world entirely free of cluster munitions.

Given that negotiations are ongoing and this review is about to start, it would not be right for me to go into further detail about the UK’s negotiating position at the Geneva conference, or to speculate on what the outcome of those negotiations might be. I can tell the House that the UK will take a view based on whatever final draft protocol might result from the negotiations between the CCW parties, but the UK Government remain firm in their commitment to the integrity of the CCM, to maintaining it as the gold standard and to ensuring that nothing that might be agreed—it is hypothetical at the moment—for protocol VI to the CCW undermines or contradicts countries’ obligations under the CCM. That is how we propose to take things forward.

Council of Europe (UK Chairmanship)

David Lidington Excerpts

Thursday 27th October 2011 Commons Chamber

[The Minister for Europe (Mr David Lidington)]

I beg to move,

That this House has considered the matter of the UK’s Chairmanship of the Council of Europe.

Mr Speaker, you will already have seen that debates on European matters are a bit like buses: you wait for ages and then two of these delightful treats come along in the same week. I am particularly grateful for the fortunate coincidence of timing in that this debate on the Council of Europe arrives the week after the final collapse of the Gaddafi regime in Libya, because that provides a point of reflection and of comparison between what happens in so much of the world and what has happened in our own continent. The long rule by Gaddafi based on state-sponsored violence and terror throws into sharp relief, in particular, those liberties on which the British people have relied for centuries.

Whatever view Members in any part of the House take on particular laws or on how human rights should be given effect here, I think we would all stand united on the continuing need for and relevance of fundamental human rights such as protection from torture, and the right to free speech, assembly and worship. That tradition in this country of respect for human rights is one reason why we are very proud to be taking on the chairmanship of the Committee of Ministers of the Council of Europe.

I acknowledge that there are in the House today members of the United Kingdom’s delegation to the Parliamentary Assembly of the Council of Europe, from the Conservative, Liberal Democrat and Labour parties, and I pay tribute to the work that they do on behalf of the House and the country, and welcome the fact that they will be able to contribute the fruits of their experience during this afternoon’s proceedings.

As I hope Members will recall, the Council is the international organisation that helps promote human rights, democracy and the rule of law across the European continent. The United Kingdom was one of the founders of the organisation. Since its founding treaty was signed in this building in London in 1949, its membership has grown from 10 countries to 47, encompassing virtually the entire European continent. I think we in the United Kingdom can take pride in the fact that so many other European countries profess a belief in the importance of these fundamental principles, and also recognise the fact that membership of the Council of Europe and subscription to the European convention on human rights have proved a valuable framework within which the emerging democracies of central and eastern Europe have been able to measure their own political development over the past 20 years.

I want this afternoon to advance the case for the central priority of the United Kingdom’s chairmanship: reform of the European Court of Human Rights. I want to say straight away that we have had, and I am sure will have, lively domestic discussions on human rights, and Members will not always agree, but we share the historic respect for the achievement of the convention. The Government’s priority is to ensure that the European Court of Human Rights works more effectively and focuses on cases that actually need to be dealt with at the European level. That needs to happen not to weaken rights, but to strengthen them, and by so doing, to advance the rule of law, democracy and freedom.

The United Kingdom was one of the principal architects of the European convention on human rights, which is the Council of Europe’s best known instrument. The convention embodies many of the basic rights and freedoms that have been fundamental to English, and then British, law for centuries: fair trial, freedom from torture and freedom of speech. Those are rights that we have enjoyed for hundreds of years.

[Geoffrey Clifton-Brown (The Cotswolds) (Con)]

While my right hon. Friend is talking about the European Court of Human Rights, will he acknowledge that the Court currently has a backlog of approximately 166,000 cases? Is it not high time the Court underwent a thorough review of its working practices and competences, and is not our chairmanship of the Council a good time to do that?

[Mr Lidington]

I completely agree with my hon. Friend. If the Court is to continue to be treated with respect, it is important for it to find a way of getting on top of that grotesque backlog of cases, which is in nobody’s interests. I will say more about that later.

[John Hemming (Birmingham, Yardley) (LD)]

There have obviously been concerns about some of the ways in which the convention’s basic rights have been interpreted by the European Court of Human Rights. Will the Government consider during their chairmanship proposing that certain resolutions of the Parliamentary Assembly should assist the Court in interpreting the basic texts?

[Mr Lidington]

I am sure that my hon. Friend’s suggestions, and indeed proposals from the Parliamentary Assembly as a body, will be considered seriously in the course of the debates and conversations that we will have during the six months of our chairmanship and beyond.

[Mr Edward Leigh (Gainsborough) (Con)]

Has not the whole process become ludicrously abused? Has my right hon. Friend had a chance to read the diaries of Phil Woolas, the former Immigration Minister, which reveal that his job was made absolutely impossible? For instance, he had to release to Osama bin Laden’s son the file on him, even though he was not living here. The whole process has become abused. What plans has my right hon. Friend to repatriate powers on human rights to this country so that we can have a proper and sound immigration policy?

[Mr Lidington]

I have to tell my hon. Friend, who is a distinguished member of the United Kingdom delegation to the Parliamentary Assembly and plays an active part in its proceedings, that reading Mr. Woolas’s diaries is a delight that is still in store for me. I fear that he is trying to tempt me on to the question of how the human rights incorporated in the convention are implemented in the United Kingdom. As the House knows, the Government have established an independent commission on human rights, chaired by Leigh Lewis, which is deliberating on these matters and considering the different ideas that have been proposed. It will report by the end of 2012.

[Sir Alan Meale (Mansfield) (Lab)]

Will the Minister give way?

[Mr Lidington]

I will give way one last time, and then I must make progress.

[Sir Alan Meale]

Will the Minister confirm a bit of information? As he touched on earlier, there are about 800 million people, comprising 47 nations, in the greater European area. I hope that he will confirm for Members on both sides of the House that, on all the judgments that the Court has made so far, this country has never refused to endorse the Court’s findings.

[Mr Lidington]

Yes, the hon. Gentleman is right.

The convention played an important role after the second world war in re-establishing democracy and the rule of law across western Europe. It played a vital role after the cold war in leading the former states of the Soviet Union and its satellites to start adopting the principles of democratic liberalism. The convention remains crucial in tackling the murder of journalists in Russia, for example, or questions of religious freedom in Turkey. There are also telling recent examples of its relevance here at home—for example, in preventing the misuse of stop-and-search powers.

The problem is not with the fundamental principles of human rights expressed through the convention, but there are real issues that rightly cause concern in this House and more widely—issues that, as my hon. Friend the Member for The Cotswolds (Geoffrey Clifton-Brown) pointed out, matter to all countries that are party to the convention and members of the Council of Europe. Those relate to the operation of the Court in Strasbourg. The United Kingdom is a strong supporter of the Court and recognises its important role, but it is not working as it should, for at least two reasons.

First, as my hon. Friend the Member for The Cotswolds rightly said, it is struggling under a huge workload, and drowning under a backlog of more than 150,000 cases, which is growing by roughly 20,000 additional cases each year. The eightfold increase in case loads since 2001 shows that a sensible refocusing on what really matters is not a subject that can simply be deferred for another day; it is an urgent priority.

That urgency is illustrated further by the fact that more than 90% of cases before the Court, when they finally get to the top of the queue and are properly considered, or found to be inadmissible, simply do not come within the scope of the convention, or the procedural rules are found not to have been observed. For cases involving the United Kingdom that figure is higher. Roughly 97% of cases brought against the United Kingdom are found to be inadmissible—and that is before we get on to whether in the other cases—the minority—the finding is for or against the country alleged to have broken the terms of the convention. The backlog is the first reason why there is an urgent need to reform the court.

[Mr Christopher Chope (Christchurch) (Con)]

My right hon. Friend announced yesterday that the Government will host a conference at Wilton Park on the theme of the 2020 vision for the European Court of Human Rights. Will he confirm that members of the UK delegation to the Parliamentary Assembly will be invited to participate in the conference?

[Mr Lidington]

I have taken careful note of my hon. Friend’s interest in participating and will ensure that the participation of members of the UK delegation to the Parliamentary Assembly is properly considered. I will make sure that I consider it myself.

[Mr Mike Hancock (Portsmouth South) (LD)]

The real problem with the backlog is that reforms to the Court cannot restructure the backlog or effectively fillet out any of the cases that might prove to be inadmissible. One of the prime objectives of our chairmanship must be to find a unified view that would facilitate that filleting process, and thus allow the backlog to be handled properly.

[Mr Lidington]

I do not disagree with my hon. Friend.

The second reason also explains why the backlog has been allowed to develop. The Court has at times been too ready to substitute its own judgment for that of national courts and Parliaments. The European Court of Human Rights was never intended by its founders to be an additional tier of appeal for routine domestic judgments. No court could ever hope to offer redress on all matters to 800 million people. National courts are best placed to understand national problems and traditions of human rights. Enforcing rights in situations where the drafters of the convention never intended them to be is the wrong direction of travel for the Court, and that situation is getting worse and is undermining the Court’s authority and efficiency.

[Sandra Osborne (Ayr, Carrick and Cumnock) (Lab)]

Can the Minister give a few examples in a UK context, of where the Court has been guilty of depriving us of national sovereignty?

[Mr Lidington]

I ask the hon. Lady simply to look at the sheer volume of cases before the Court. We argue that there needs to be a system under which the principle of subsidiarity, which the Court is already supposed to observe, is given greater weight. That will require not just a United Kingdom view from the chair, but consensus among member states. We are talking to colleagues throughout the Council of Europe about the right way forward, because what we are seeking to do certainly does not come from any hostility to the Court as an institution. In fact, concerns about the backlog, the case load and the damage being done to its reputation are widely shared not only among state parties, but by the secretary-general and the authorities in the Council itself.

[Michael Connarty (Linlithgow and East Falkirk) (Lab)]

Will the Minister give way on that point?

[Mr Lidington]

I will give way once more, then I really am going to make some progress.

[Michael Connarty]

I thank the Minister. I am trying to be helpful, because I totally agree with and follow his logic on the backlog, but when he states that the Court was never meant to be a court of appeal against a national court’s ruling, surely that logic is wrong, because there cannot be an allowance, for example, for the Ukrainian court that put the country’s former President in jail for carrying out policies that its Parliament had decided. There must be somewhere for people to appeal on human rights grounds, and that is the Court. I presume the Minister meant that the Court could not provide redress in all cases—but in specific cases of such high contestability there must be a court that is above national, political courts.

[Mr Lidington]

I do not differ from the hon. Gentleman in principle, but we need effective criteria that everyone—from the judges of the Court to the states parties—will accept as enabling the Court to differentiate properly between cases that should be considered at that European level and those that ought to have been dealt with according to the legal systems of states parties that have demonstrated good traditions of respecting human rights.

All this means that there is a clear and pressing case for reform, and all 47 members of the Council of Europe have already signed up to a reform process. The goal of our chairmanship is to drive forward the changes that began in Council meetings at Interlaken and Izmir, and to agree a final package that makes a real impact on the operation of the Court.

I announced, in a written statement to Parliament yesterday, our full set of chairmanship priorities, following my discussion on Tuesday with our friend and ally the Council of Europe secretary-general Thorbjørn Jagland. My statement set out more detail on the reform for which we are pressing. It included proposals that would make the Court more efficient to enable it to deal with its backlog of applications, would reinforce the idea that the Court’s role was a subsidiary one, with states having the primary responsibility to protect convention rights, and would ensure that the best possible processes were in place for nominating judges to the Court, and that the Court’s case law was clear and consistent.

How we will do that? Reform requires the agreement of all 47 member states, and there is no getting round that fact, so we will accord the highest political priority to securing consensus on the necessary reforms by means of a political declaration at the end of our chairmanship. That declaration would record political agreement to a package of reforms and set the scene for later implementation under subsequent chairmanships. The declaration, we hope, will include, where necessary, amendments to the procedural sections of the convention, and provide the basis for a decision of the Committee of Ministers, to be adopted at its annual meeting on 14 May 2012.

No one should be in any doubt that delivering those goals will take time and a lot of intensive and complicated negotiations, but I do believe that the winds of change are in our favour, and if we achieve the reform that we seek, we stand to gain a stronger Council of Europe and a more effective Court, focused better on real substantive breaches of human rights.

[Jim Sheridan (Paisley and Renfrewshire North) (Lab)]

On declarations, there is no more fundamental right than that of a person to live freely and independently in their own country without fear of intimidation. The Minister will be aware that Cyprus follows the UK as chair of the Council, so will he assure Cypriots listening to this debate that we will do all we can and work tirelessly to ensure that the Cyprus problem, as it is now called, is satisfactorily concluded?

[Mr Lidington]

With respect, I may correct the hon. Gentleman, because the chairmanship proceeds in alphabetical sequence, so the Albanians will take over from us. I can certainly assure him, however, that the Foreign Secretary and I remain completely committed to doing all that lies within our power to work for an outcome in Cyprus that brings about the creation of a bi-zonal and bi-communal federation, with equal rights for all communities, and in compliance with the relevant United Nations Security Council resolutions. It is not for the United Kingdom to determine what happens in Cyprus, because the process has to be Cypriot led if it is to work and if there is to be an enduring accord, but we give what support we can to the communities in Cyprus and to the work of the UN Secretary-General and his special envoy, Alexander Downer.

[Sir Alan Meale]

rose—

[Mr Lidington]

If the hon. Gentleman will forgive me, I will not give way, because he has had one bite of the cherry and I want to make progress. I do not want to be sidetracked into a further debate about Cyprus, which I am sure the House will have an opportunity to discuss in the future.

We have a unique opportunity to secure improvements to the Court, to enhance its credibility, the rule of law and the protection of human rights and to ensure that the legitimate decisions and traditions of national courts and legal systems are properly respected.

Hon. Members will be only too aware of the domestic backdrop to the programme, about which there is great interest abroad. The House will know, too, that the Government have established an independent commission with a remit to investigate the creation of a UK Bill of Rights, which would incorporate and build on all our obligations under the convention. I hope that the commission’s work will assist in bringing clarity to an area of contentious debate, and indeed it has already advised the Government very usefully on Court reform, but to avoid any doubt let me reaffirm that in the Government’s mind there is no question of the UK leaving the European convention on human rights. The coalition’s programme for government makes very clear our commitment to the convention and to the values it embodies.

The Attorney-General, my right hon. and learned Friend the Member for Beaconsfield (Mr Grieve), commented on this subject very eloquently on Monday just gone, saying:

“The United Kingdom signed the Convention on the first day it was open for signature...The United Kingdom was the first country to ratify the Convention the following year. The United Kingdom will not be the first country to leave the Convention.”

I have spoken at length about Court reform, but our goals for our chairmanship touch on other significant matters, and I would like to close by turning briefly to them.

[Mr Dominic Raab (Esher and Walton) (Con)]

I thank the Minister for setting out the policy so clearly, and I have had an opportunity to look at the priorities and objectives of the chairmanship. He mentions the Bill of Rights commission’s interim advice, and it contains some good recommendations on Court reform, particularly those based on the model of the International Criminal Court, whereby Strasbourg ought to look at only the most serious violations or fundamental freedoms. Is that the mandate which the Government will look to achieve with their European partners?

[Mr Lidington]

We take all the independent commission’s advice very seriously, and we look forward to the fruits of its later discussions, but, certainly, strengthening the principle of subsidiarity in the Court’s work is central to the programme of action that we envisage during our chairmanship.

In addition to the issues that I have already covered, we will continue actively to support Secretary-General Jagland’s programme of reform of the Council of Europe as an organisation. He has made good progress, including a reduced and more focused set of programmes, and I spoke to him this week about priorities for the final stages of the reform programme.

In particular, I am pleased to say that the UK has succeeded in persuading the 46 other member states to keep the Council of Europe budget under strict control, with zero real growth for the next two years, subject to strict conditions on wider efficiency reforms and any inflation increase remaining below 2%. We will work with our partners in the Council of Europe to promote an open internet, not only on access and content, but on freedom of expression. That is also a key policy priority, and one of the issues to be addressed at the London conference on cyber-space, which my right hon. Friend the Foreign Secretary will host on 1 November. Our chairmanship is an ideal opportunity to advance our objectives through international co-operation, and to this end we will seek to ensure that the Council of Europe’s internet governance strategy is adopted.

[Mr Roger Gale (North Thanet) (Con)]

If I am fortunate enough to catch your eye, Madam Deputy Speaker, I will return to the internet problem later, because it is serious.

I referred to the Council of Europe’s budget in the Hemicycle, and suggested that it might be cut, but that word is not in the lexicon. Europe does not understand the possibility of cutting a budget. It only ever talks about an increase. Why are we considering an increase?

[Mr Lidington]

Ambitions must sometimes be tempered by the need to obtain the necessary consensus. In the context of getting 46 other countries to agree, the freeze that I talked about is a pretty good outcome. Further encouragement is that the combination of the freeze in the Council of Europe’s budget and the recalculation of the relative contributions of member states to that budget means that the United Kingdom will pay a smaller proportion in 2012 than we did in 2011. That is a good outcome of our negotiations.

[Mr Robert Walter (North Dorset) (Con)]

Discussions on the budget take place in Strasbourg, and 27 of the 47 member states are members of the European Union. Those 27 member states are sitting idly by while the Fundamental Rights Agency, which was established in Vienna and has some spurious objectives, increases its budget for allegedly doing a human rights job on behalf of the 27 states.

[Mr Lidington]

My hon. Friend, who is the leader of the United Kingdom delegation to the Parliamentary Assembly of the Council of Europe, makes his point cogently. He tempts me on to a much bigger debate about European Union expenditure, but I will confine myself to the matter before us.

The Government take the need for budgetary control over European Union agencies very seriously indeed. The growth of such expenditure and the proliferation of agencies within the European Union have been overlooked for too long. We have been making strong representations to the Commission about that, and have sought to build alliances with other EU member states to secure the sort of reform and budgetary discipline that my hon. Friend rightly wants.

[Simon Hughes (Bermondsey and Old Southwark) (LD)]

rose—

[Mr Lidington]

I must make some progress, because other hon. Members want to contribute to the debate.

During our chairmanship, we will work to combat discrimination on grounds of sexual orientation and gender identity across Europe. The Government are committed to using their relationship with other countries to advocate strongly for changes to discriminatory practices and laws that criminalise homosexuality in other countries.

We will work towards a more effective and efficient role for the Council of Europe in supporting local and regional democracy. The Council has a significant programme of activities in this area, including monitoring and sharing expertise. The UK supports that, but wants it to be streamlined and more carefully targeted.

Finally, we will support strengthening the rule of law in member states. We will work towards practical recommendations in this area, in co-operation with our partners in the Committee of Ministers, the secretariat and the Council of Europe’s advisory body on constitutional matters, the European Commission for Democracy through Law, which is usually referred to as the Venice Commission.

The Council of Europe is an important institution, whose values we share, and in whose proud record of achievement there is much to applaud. I hope that all hon. Members will support the UK’s efforts during our chairmanship to deliver improvements in the areas I have set out. Efforts to spread democracy, human rights and the rule of law are profoundly in our national interest and that of nations throughout Europe. If achieved, our objectives will not only benefit our citizens, but will have the potential to make a real difference for the good in the lives of people across our continent and beyond.

--- Later in debate ---

[John Mann]

I thank the hon. Gentleman, but I would say, “Count the pennies and we’ll have the pounds.” I would like the Government to explore the notion of whether there needs to be any base in Strasbourg at all, or at least whether some functions could be combined. [Interruption.] There is certainly an overlap of functions between the European Union, the Council of Europe, the Organisation for Security and Co-operation in Europe and the NATO Parliamentary Assembly. [Interruption.] I hear from sedentary comments that some Members do not agree; they are entitled not to agree. My point is that at a time of major cuts in many nation states, including this country, the Government should be looking to ensure that there is a commensurate cut in such bodies and in our contribution to them—and that with the chairmanship, they have the opportunity to drive that through. I look forward to seeing how it will be done.

In announcing their priorities in a written ministerial statement yesterday, the Government said that they would

“promote an open internet, not only in terms of access and content but also freedom of expression.”

The statement continued:

“We will support the adoption of the draft Council of Europe strategy on internet governance, and the implementation of the principles it has adopted to uphold freedom of expression on the internet”.—[Official Report, 26 October 2011; Vol. 534, c. 10WS.]

I want to put some questions to the Minister and to make some points about that priority. Like every other Member, I am aware of the importance of freedom of expression on the internet. There are countries both in Europe and beyond where a lack of freedom of expression on the internet is a severe curtailment of the workings of democracy or, in some countries, of the real options for democracy. The two go together. It would be worthy and appropriate for the Government to take that work forward. There is, however, always a counter-side and a balance in these issues. Freedom of expression on the internet is not always a good thing. The Americans have a clear view on the matter, which their Supreme Court has expressed many times, including recently. For example, when a church in the United States decided to picket the funerals of gay service men who had died on active duty in Afghanistan, the Supreme Court ruled that that constituted freedom of expression.

There are differing views on how far freedom of expression should extend, but it is a fact that in this country, under the present Government as under the last, there have been successful prosecutions of people who have used the internet for the purpose of hate crimes, and I applaud that. Successive Attorneys-General have worked hard to ensure successful prosecutions of those who abuse their ability to express themselves freely on the internet and, in so doing, stir up hatred and restrict the freedom of expression of others, including the victims whom they target.

I chair the all-party group against anti-Semitism. Under the last Government, when my right hon. Friend the Member for Barking (Margaret Hodge) was the Minister, and, this year, under the present Government—I cannot remember the constituency of the culture Minister, the Prime Minister’s mate who is responsible for these matters—

[Mr Lidington]

Wantage.

[John Mann]

Yes, the hon. Member for Wantage (Mr Vaizey). He rightly convened a conference of experts, and I note that the Government are convening another on 1 November. Have any of those involved in the conference that the hon. Gentleman rightly convened, on a cross-departmental basis, been invited to the forthcoming conference? Will the same level of expertise be involved in the examination of hate crime on the internet, or are the Government adopting an unbalanced approach while chairing the Council of Europe, and considering only one concept rather than both? That would not be in the traditions of the parties that make up the ruling Government in this country.

The all-party group has received widespread support from Members on both sides of the House for many years. Members, including some who are in the Chamber today, have participated actively. Members of the Conservative party have participated above and beyond the normal call of duty, as indeed have members of other parties, including Liberal Democrats and, of course, Labour Members. It would be rather contradictory if the Government managed to slip into a conference on the internet on 1 November, in the context of their chairmanship of the Council of Europe, without ensuring that that conference also examines, on an expert level, including by politicians, problems relating to the use of the internet for hate crimes.

The internet is now the place where anti-Semitic filth is spread, be it the old hatreds, the blood libels, the resurrecting of the protocols of the Elders of Zion, or the new hatreds caused by a failure to differentiate between legitimate criticism of the state of Israel and attacks on Jewish people. A wide array of offences are being committed on the internet, across Europe and across this country today, and there have been new developments in recent times. Social media sites such as YouTube carry videos, and social networking sites such as Facebook publish messages promoting anti-Semitic themes. In blogs, not least those in online newspapers, a particular theme will give rise to a string of anti-Semitic or other offensive hate messages aimed at a specific group. That is one of the problems and dilemmas surrounding the internet.

In case any Member is not aware of the sort of stuff that is published, let me give some recent examples. Here is a nice little one which comes from somewhere quite close to my constituency. Someone has just posted this:

“Throw the jew down the well

So my country can be free

You must grab him by his horns

Then we have a big party”.

What a charming post! The following example is from a press statement:

“The Muslims joining the demonstration called upon the Muslim armies to march forth to fight the Jews, eradicate Israel and purify the earth of Jewish filth”.

These examples come from this country, and there are vast amounts of this material.

The abuse is not only anti-Semitic; other hatreds are expressed as well. Various groups of people are targeted. Gay rights groups have identified this as a problem, for example. Other issues can be involved. Sometimes people who are isolated in some way can be targeted, such as through cyber-bullying, which is a huge new problem.

I therefore urge the Government to focus on these internet issues in their chairmanship, starting with the conference of 1 November. These problems must not be brushed under the carpet.

Research has been done in Norway—[Interruption.] The hon. Member for Gainsborough (Mr Leigh) says that this is not relevant; it is absolutely relevant. Yesterday, the Government said this issue would be a top priority for the Council of Europe during their chairmanship.

--- Later in debate ---

[Mr Lidington]

With the leave of the House, Mr Speaker.

First, let me thank every Member who has taken part in what has been a thoughtful and wide-ranging discussion of issues within the remit of the Council of Europe.

The speech of my hon. Friend the Member for Folkestone and Hythe (Damian Collins), in which he dwelt on how the Council of Europe addresses questions of sport and seeks to root out corruption in sport, served to remind us of the breadth of the remit of the Council and its various committees.

My hon. Friend the Member for Cheltenham (Martin Horwood), who referred to Russia and other countries whose human rights records have been subject to a great deal of criticism, reminded us that, although we who live in countries with long and well-established national traditions of human rights sometimes find it irksome when judgments are made against us, the principles that are incorporated in the convention, and subject to judgments by an independent court, still matter hugely to citizens of countries that do not have established, centuries-old traditions such as those that we are fortunate enough to enjoy.

My hon. Friend the Member for Hertsmere (Mr Clappison) rightly drew attention to the way in which the Council of Europe is already contributing to the development of democratic traditions and the growth of the rule of law in the fledgling democracies of north Africa. We strongly support that work, and hope that it will continue. When he pointed out that in this country, until fairly recently, human rights were regarded universally as something that should be welcomed and supported, I was reminded of the fact that the European convention on human rights was, and is, based on noble ideas. At the end of last month, I met in Warsaw members of the opposition parties from Belarus, one of the few countries in Europe that are not party to the convention. That brought home to me the importance of our not taking for granted the liberties and rights that we and our citizens enjoy. My hon. Friend’s comments about extraordinary rendition were a salutary reminder that, however strong our traditions of human rights in much of Europe, we cannot afford to be complacent about them.

As has emerged during the debate, there is a range of views about how human rights are best protected, and about the respective roles of national authorities and the European Court of Human Rights. That is, of course, one of the issues that we intend to address during our chairmanship. The principle that we will advance is that national authorities of member states—their Governments, legislatures and courts—have the primary responsibility to guarantee and protect human rights at a national level. The role of the European Court of Human Rights is subsidiary in achieving those objectives.

During our chairmanship, we will work with all the member states of the Council of Europe to see how that agreed guiding principle, which was built into the Izmir declaration earlier this year, should work and can be strengthened. However, it is important to note that the corollary of the principle is proper implementation of the convention by national authorities. Of course the United Kingdom should still be subject to judgments of the Strasbourg court, but the court should not normally need to intervene in cases that have already been properly considered by national courts applying the convention.

I am under no illusion about the fact that agreeing on the necessary reforms will not be easy. Consensus among all 47 member states is required. I am, however, struck by the degree of consensus that already exists. Virtually everyone agrees that the current situation is unsustainable and undermines the court’s authority and effectiveness. However, we have already made progress. In April this year, all 47 countries called for the court to exercise restraint when interfering in national decisions on the deportation of asylum seekers and others who have exhausted fair and effective domestic court procedures. Since then, we have talked to many member states and to key individuals in the Council of Europe. We know that there is an appetite for further reforms. We will work energetically to gain agreement on a reform package, and will give it the highest priority during our chairmanship. I shall respond to as many points raised as possible. I apologise to any colleagues whose contributions I do not have time to address, and I undertake to write to them.

My hon. Friend the Member for North Dorset (Mr Walter) asked several questions. On the budget of the EU Fundamental Rights Agency, the UK has long-stressed the importance of the EU not duplicating the work of the COE, which we believe is, and should remain, the prime European focus for work on human rights. While the FRA of the European Union does some interesting research, the COE does far more valuable work, and does so with fewer resources.

My hon. Friend also questioned the figures I gave on the backlog of cases. I have had the latest figures checked and there are approximately 155,000 cases in the backlog. That figure has dropped slightly in recent times, from about 160,000.

My hon. Friend focused on the accession of the EU to the COE, and my hon. Friend the Member for Hertsmere also mentioned that. This is a complex matter, and negotiations are still ongoing. I undertake to write to my hon. Friend the Member for North Dorset, giving further details on this, but for now I shall briefly explain where we are at present. As the House knows, EU accession to the COE was one element of the treaty of Lisbon, which was ratified by all 27 member states in 2009. There is considerable fear that the interaction of EU accession in its own right to the COE with the duty of sincere co-operation, which applies to all member states of the EU, could lead to the creation of an EU caucus within the structures of the COE. The British Government’s position is that while we accept what is written in the Lisbon treaty—that the EU should accede to the COE—and while we can see the advantages of placing the institutions of the EU clearly within the remit of the European Court of Human Rights, we will only agree to the detailed instrument of accession when we are completely satisfied about the detail not only of the drafting of the instrument of accession itself, but, importantly, of the drafting of the EU’s own set of rules on how its membership of the COE would be made operational and how, in particular, that would interact with the duty of sincere co-operation.

[Mr Clappison]

I welcome my right hon. Friend’s approach to this matter. Can he confirm that in his discussions at the European level, we will have a right of veto? In other words, will this be subject to unanimity, so we can insist on the very important points he has just made?

--- Later in debate ---

[Mr Lidington]

My hon. Friend is right: there has to be unanimity within the EU before accession can take place. Further, there must also be an important role for our Parliament. Under the European Union Act 2011, once agreement is reached on the detail of EU accession, the Government would be required to place that decision before each House of Parliament, and there would have to be a debate and a vote in this place and in the House of Lords before the UK could ratify EU accession to the COE. So not only the British Government but Parliament have to agree before that can happen.

The hon. Member for Ayr, Carrick and Cumnock (Sandra Osborne) asked, first, whether British Ministers would report to the Parliamentary Assembly during the six months of our chairmanship. The answer is yes. I have agreed to attend the session in Edinburgh in November and those in Strasbourg in February and April next year to report on the progress made under our chairmanship.

The hon. Lady also asked for examples of cases in which the Court had substituted its judgment for that of national courts. An issue that came up in the Interlaken declaration on the removal of people from a country when their case had been properly considered by the national courts is key here, as all 47 countries agreed that the Court was looking in too much detail at matters that had been quite properly considered by national authorities. In recent judgments against not only us but Sweden, the Court has checked findings of fact made by national courts in cases about removing people from the country. For example, it has insisted on considering the applicant’s credibility or family situation, but those are not matters that should be considered at the European level.

My right hon. and learned Friend the Justice Secretary went to Izmir, and the declaration adopted at that conference in April called for a stricter approach to interim measures under rule 39, which, as the hon. Lady knows, is often used to halt deportations, with the Court intervening only exceptionally if cases have been considered by fair and effective national procedures. I hope that the marker put down by all 47 countries at Izmir also gives some comfort to my hon. Friends the Members for Northampton South (Mr Binley) and for Gainsborough (Mr Leigh) and others who have expressed particular concern about the impact of Court judgments on immigration policy.

My hon. Friends the Members for Northampton South and for Portsmouth South (Mr Hancock) asked about the appointment of judges and whether the Interlaken process would diminish the democratic element regarding the election of judges to the Strasbourg court. The key part of the process that requires reform is the national procedures by which each state selects the list of three candidates whom it proposes to the Parliamentary Assembly. If we get this right, concerns about the quality of judges should fall away. We have welcomed the establishment of a panel of the Council of Ministers to ensure that all states put forward three well-qualified candidates for those posts and it has already taken France to task on this very point. We are driving forward work on a recommendation that would lay down standards for national procedures in all 47 states, and I am pleased to report that according to the Parliamentary Assembly itself the United Kingdom is a beacon of good practice in this regard.

My hon. Friends the Members for Esher and Walton (Mr Raab) and for Gainsborough asked about the recommendation by the Bill of Rights commission that the Strasbourg Court should consider only the most important cases. Our position as a Government on this is that the Court should focus on areas where the convention is not being properly applied or where there is a genuine need at the European level for authoritative guidance on its interpretation. Where member states are applying the convention effectively, the Court should intervene less.

My hon. Friend the Member for Gainsborough also raised a number of concerns about immigration. He will understand if I do not comment on individual cases, especially on the basis of Mr Woolas’s memoirs. My hon. Friend said that his arguments were not so much about the principles embodied in the convention—indeed, he spoke up in favour of the convention—but about the means by which it is implemented and applied in this country. I take his comments in that spirit. I remind him again of the work of the independent commission and encourage him to make representations to Sir Leigh Lewis and his colleagues. I would also recommend, if he has not done so already, that he have a look at the very thought-provoking speech made by my right hon. and learned Friend the Attorney-General at Lincoln’s Inn on Monday, in which, among other things, he discussed the relationship of the United Kingdom Supreme Court to the European Court of Human Rights and indicated how his thinking was developing on that matter.

My hon. Friend the Member for Witham (Priti Patel) made several criticisms—more, I think, of the implementation of the convention in this country than of the convention per se. I took her points seriously. When she and other hon. Friends make those criticisms, they are speaking on behalf of large numbers of constituents who have expressed concerns. But I would caution my hon. Friend and the House about one of the statistics that was deployed—the claim that the Court finds a violation in 87% of all cases and in 61% of cases against the United Kingdom. These proportions are only of the cases where there is a judgment. We must remember that 97% of cases against the UK are thrown out without even having their merits considered, because they are ruled inadmissible. If we look at the raw figures for 2010 and 2011 so far, the Court has decided 1,713 cases that were brought against the United Kingdom, but only 33 of those 1,713 were decided by a judgment; the rest were simply ruled inadmissible by the Court or struck out completely. Given that only 33 went to a judgment, it is not wholly surprising that a relatively high proportion of those 33 cases were decently arguable and led to the finding of a violation.

My hon. Friend also spoke about how one set of rights was seen to be overruled by another set. I know that comes up frequently at public events. As the House knows, and members of the Parliamentary Assembly of the Council of Europe know all too well, the convention expresses a number of different human rights and it is a clear principle that where those rights conflict there is a duty on the countries that are party to the convention to balance those rights in a way that is just and proportionate in the circumstances of a particular case. There is a legitimate debate about where the right to take a final decision in any case should lie—with Strasbourg, with domestic courts, with legislatures or with the Executive in a particular country. Then there is a further argument about whether, in any individual circumstances, whichever authority it is has achieved the right balance in finding a judgment that is right, just and proportionate. We will never get away completely from that type of argument, any more than we do when we read reports of judgments in domestic civil and criminal cases.

The hon. Member for Bassetlaw (John Mann) asked whether I would support Finnish and Spanish Ministers’ work on local government reform. I can guarantee that the Government will work towards a more effective and efficient role for the Council of Europe in supporting local and regional democracy. We want to see the Council’s work in this field streamlined and more carefully targeted. We are looking forward to Mr Chavez’s report and we will ensure that its recommendations are given serious consideration.

My hon. Friend the Member for North Thanet (Mr Gale) raised constituency cases as illustrations of a general complaint that countries party to the convention allow people to be detained for far too long without charge or trial. He fights fiercely on behalf of his constituents whom he believes have been treated unjustly. He knows from discussions that he and I have had that the individuals concerned can make an application to Strasbourg regarding an alleged violation of articles 5 and 6 by their detention without trial. The problem is that the text of the convention does not define what a reasonable period of such detention is. I am sure that my hon. Friend will continue to campaign vigorously on this matter.

My hon. Friend also asked about a convention on transfrontier broadcasting. My understanding is that the European Union has exclusive competence in this area, so there would be problems with an EU member state signing a Council of Europe convention on the matter. On that basis, the Committee of Ministers has agreed to discontinue work on that convention, pending further consultation. However, I will consider my hon. Friend’s point further, consult colleagues in other Departments that are more directly responsible for broadcasting policy and then write to him on the matter.

The hon. Member for Linlithgow and Falkirk—

[Michael Connarty]

East Falkirk.

[Mr Lidington]

I do not wish to accuse him of having further territorial ambitions.

The hon. Member for Linlithgow and East Falkirk (Michael Connarty) asked about two other conventions. On the European framework convention on youth rights, the Government still take the view that we do not recognise the need for such a convention as all the matters described in the draft recommendation are already covered by the UN convention on the rights of the child, which actually goes further than the proposed Council of Europe convention. On the convention on the protection of children against sexual exploitation and sexual abuse, we agree completely. That is an appalling crime and a form of child sexual abuse. Tackling it is an absolute priority for the Government. The convention sets standards to ensure that countries criminalise sexual exploitation and the abuse of children and adopt similar standards of investigation and prosecution of these crimes. Officials across a number of Departments are currently considering in detail the steps that would be required to ratify the convention. I am sure that a report will be made to the House as soon as decisions have been taken.

The hon. Member for Bassetlaw asked about next week’s cyber-space conference in London. I have been unable to check the guest list, but the conference will encompass the issue of cyber-crime and a lot more, too. It will deal with economic growth, the social benefits of using cyber-space, safe and reliable access to it, and international security.

My hon. Friend the Member for Northampton South asked about the European Court’s backlog. We certainly aim to ensure that a time scale is set for the implementation of any measures agreed during our chairmanship, including clearing inadmissible and repetitive cases from the backlog. We will also learn from the experience of previous attempts to reform the Strasbourg Court. I completely take the point that we must not be timid in the measures we take. We will ensure that the long-term context is considered when agreeing short and medium-term measures. I very much hope that he will be able to see the fruits of the work that he supported today.

My hon. Friend the Member for Monmouth (David T. C. Davies) raised a number of issues, most of which related to the implementation of the convention in this country. Like him, I have had some cases of forced marriage in my constituency surgery, and I think that the basic principle is less about the convention or the Human Rights Act, and more about the fact that it is a principle of any British court or immigration tribunal that evidence given to a judge by one party must be shared with the other party. Like him, I have had the difficult situation in constituency cases where the person who says that she is the victim is afraid to speak out in public, but the immigration judge cannot be asked to take account of evidence in secret without the other side having the chance to respond to it and to rebut it.

The Council of Europe has been enormously successful in promoting common standards and values among its membership, not least as a result of the convention system, which the United Kingdom has had a hand in creating. It matters a great deal to the Government that human rights, democracy and the rule of law flourish in all member states of the Council of Europe. In this light, we see our chairmanship as a genuine opportunity to strengthen further a rules-based international system and to further British interests by strengthening the global rule of law and championing human rights.

Question put and agreed to.

Resolved,

That this House has considered the matter of the UK’s Chairmanship of the Council of Europe.

General Affairs Council

David Lidington Excerpts

Wednesday 26th October 2011 Written Statements

[The Minister for Europe (Mr David Lidington)]

I attended an extraordinary meeting of the General Affairs Council (GAC) on 22 October in Brussels.

The GAC was chaired by the Polish EU presidency (Mikolaj Dowgielewicz, State Secretary for European Affairs). A draft record of the meeting can be found at:

http://www.consilium.europa.eu/uedocs/cms_data/docs/pressdata/EN/genaff/125491.pdf

Ministers reviewed preparations for the October European Council, the outcome of which my right hon. Friend the Prime Minister reported to Parliament on 24 October.

Additionally, Ministers agreed new general arrangements for the delivery of EU statements in multilateral organisations. The document setting out these arrangements can be found at:

http://register.consilium.europa.eu/pdf/en/11/st15/st15901.en11.pdf

I have written to the chairs of the Scrutiny and Select Committees to provide further detail on this agreement. I have placed in the Libraries of both Houses copies of the general arrangements and the text of a UK statement for the minute.

I will also continue to update Parliament on General Affairs Councils.

Council of Europe (UK Chairmanship)

David Lidington Excerpts

Wednesday 26th October 2011 Written Statements

[The Minister for Europe (Mr David Lidington)]

On 7 November, the UK takes over from Ukraine the chairmanship of the Committee of Ministers of the Council of Europe. The chairmanship is a rare opportunity for the UK to play a leading role in the vital work of the Council of Europe in promoting rights, democracy and rule of law across the continent.

The Council of Europe is dedicated to the protection and promotion of human rights, the rule of law and democracy across 47 countries and 800 million citizens. The UK was a founder member in 1949, and the first country to ratify the European convention on human rights (ECHR), the Council of Europe’s best-known instrument, two years later. The ECHR was developed in post-war Europe to try to offer people basic protections from tyranny—such as the right to life, freedom from torture and freedom of speech. These rights are still fundamentally important today.

Yesterday I met Thorbjørn Jagland, Secretary-General of the Council of Europe, to discuss the UK’s chairmanship priorities. I am pleased to say that he supports fully our proposals. Each incoming chairmanship issues a priorities document shortly before their tenure begins. I have now done so and have placed a copy in the Library of the House.

The overarching theme of our chairmanship will be the protection and promotion of human rights. The Government have repeatedly made it clear that human rights are central to their foreign policy. We aim to be an example of a society that upholds human rights and democracy, and we are committed to strengthening the rules-based international system.

First and foremost, we will drive forwards the ongoing programme of reform of the European Court of Human Rights. The Court is an essential part of the system for protecting human rights across Europe. But it is struggling with its huge, growing backlog of applications—now over 155,000. At times it has been too ready to substitute its own judgment for that of national courts and Parliaments. This situation undermines the Court’s authority and effectiveness.

Concrete measures to improve the Court’s efficiency are urgently required. Moreover, it should be focusing on areas where the convention is not being properly applied or there is a need at European level for authoritative guidance on the correct interpretation of the convention. Where member states are applying the convention effectively, the Court should intervene less.

With the joint leadership of my right hon. Friend the Secretary of State for Justice, under our chairmanship we will seek agreement to a package of reforms which would: help deal with the Court’s backlog; support better implementation of the convention at national level; introduce new rules or procedures to help ensure that the Court plays a subsidiary role where member states are fulfilling their obligations under the convention; and help to ensure the best possible procedures for selecting judges to the Court and promote consistency of judgments.

Reform requires the agreement of all 47 member states. We will accord the highest political priority to securing consensus to the necessary reforms by means of a political declaration at the end of our chairmanship. This declaration will set out the agreements we have reached on the reforms to be implemented, including—where necessary—by amendments to the procedural sections of the convention.

In addition, I have assured the Secretary-General that the UK will actively support his programme of reforms of the Council of Europe. We will work towards implementation of measures which will help to deliver more focused, streamlined and effective organisation and a more efficient budget.

The UK chairmanship will also give priority to a range of initiatives where we believe the Council of Europe can help to advance the UK’s foreign policy objectives:

we will promote an open internet, not only in terms of access and content but also freedom of expression. This is an important policy priority for the UK and one of the issues being addressed at the cyber conference being hosted in London by the Foreign Secretary on 1 November. We will support the adoption of the draft Council of Europe strategy on internet governance, and the implementation of the principles it has adopted to uphold freedom of expression on the internet, to ensure that all member states live up to their international obligations in this area;

we will work to combat discrimination on grounds of sexual orientation or gender identity across Europe. The Government are committed to using their relationship with other countries to push for unequivocal support for the rights of lesbian, gay, bisexual and transgender people, including advocating for changes to discriminatory practices and laws that criminalise homosexuality in other countries. The Council of Europe has adopted recommendations on this issue and conducted a study on the situation in member states. We will work with the secretariat and our partners in the Committee of Ministers to improve all member states’ performance in this area;

we will work towards a more effective and efficient role for the Council of Europe in supporting local and regional democracy. The Council of Europe has a significant programme of activities in this area, including monitoring and sharing of expertise, which the UK supports but wants to see streamlined and more carefully targeted;

we will support the strengthening of the rule of law in the member states. We will work towards practical recommendations in this area, in co-operation with our partners in the Committee of Ministers, the secretariat and the Council of Europe’s advisory body on constitutional matters the European Commission for Democracy through Law (the Venice Commission).

Oral Answers to Questions

David Lidington Excerpts

Tuesday 25th October 2011 Commons Chamber

[Mr Elfyn Llwyd (Dwyfor Meirionnydd) (PC)]

2. Whether he has made recent representations to the Government of Ukraine on the treatment of former President Tymoshenko.

[The Minister for Europe (Mr David Lidington)]

My right hon. Friend the Prime Minister denounced the selective use of justice in Ukraine in the House on 12 October, and in late September my right hon. Friend the Deputy Prime Minister told President Yanukovych directly that cases such as Mrs Tymoshenko’s were a threat to parliamentary ratification of Ukraine’s association agreement with the European Union.

[Mr Llwyd]

I thank the Minister for that reply. Does not the behaviour of the Ukraine Government towards ex-President Tymoshenko show that Soviet-style show trials are unfortunately not a thing of the past? Does he agree that if Ukraine wishes to be taken seriously as a true democracy, it should start acting that way?

[Mr Lidington]

Since President Yanukovych took office, he has declared that his prime foreign policy objective is to secure Ukraine’s closer integration with the EU through an association agreement. We need to keep reminding the Ukrainian Government that that integration involves not only economic reforms but reforms of the political and judicial systems to bring Ukraine into line with what we expect of a modern European democracy.

[Richard Ottaway (Croydon South) (Con)]

I share the sentiment of both the right hon. Gentleman’s question and the Minister’s answer: the treatment of Mrs Tymoshenko is totally unacceptable. Does the Minister agree that Mr Yanukovych is trying to play the EU against Russia, but that he is succeeding with neither? Is not the message for him that he should comply with the rule of law or face international isolation?

[Mr Lidington]

As I said, if Ukraine wants to make progress with its declared objective of closer integration with the EU, it must realise that that involves a clear and permanent commitment to political reform to establish modern democratic institutions.

[Mr John Whittingdale (Maldon) (Con)]

The Government are right to make clear their deep concern about the legitimacy of the trial and conviction of Mrs Tymoshenko, but does my right hon. Friend agree that it is in the interests of both our countries that we continue to press Ukraine, and that we negotiate for it to join the association agreement and to sign the deep and comprehensive free trade agreement? Does he also agree that although we should register a protest, it would be a grave mistake to break off those talks?

[Mr Lidington]

I do not believe that isolating Ukraine will help us in persuading the Government there to continue to move towards full membership of the European family of nations. I certainly welcome the fact that friends of Ukraine, including my hon. Friend, deliver that message clearly to the Ukrainian authorities.

[Nicky Morgan (Loughborough) (Con)]

3. What the Government’s priorities are for the European Union in the next year; and if he will make a statement.

[The Minister for Europe (Mr David Lidington)]

The Government’s immediate priority is for the eurozone to find a sustainable response to the current economic crisis, and to do so in a way that protects the rights of all 27 member states to take decisions over areas such as the single market. Beyond that, we shall continue to press for tight limits on EU spending and action to promote growth and jobs, through free and open markets, and by cutting regulatory costs on European business.

[Nicky Morgan]

I thank the Minister for his reply. Just in case the House has not debated Europe enough in the past 24 hours, can he shed any light on why the Leader of the Opposition thinks that the Prime Minister was mistaken to stand up to the French President at the weekend? Is it not essential that Britain is represented at the EU meetings this week for the sake of our economy?

[Mr Speaker]

Order. This question is on the responsibilities of the Prime Minister and not those of the Leader of the Opposition.

[Mr Lidington]

My hon. Friend is right. Not just this House but the country will be glad that they have a Prime Minister who will stand up for the interests of this country, even at the cost of an occasional row.

[Mr Ben Bradshaw (Exeter) (Lab)]

But how is UK influence enhanced by the loose talk by the Prime Minister and other senior Cabinet Ministers of the repatriation of powers? What exactly is the Government’s policy on that? Can the Minister name a single other EU country that would support it?

[Mr Lidington]

The reality is that if the eurozone proceeds, as economic logic demands, towards closer economic and fiscal integration, there will be consequences for the whole EU. As part of that negotiation, we intend to insist that, as a first step, the interests of the 27 are protected over matters such as the single market, and that the particular British interest in financial services is properly safeguarded.

[Dr Julian Lewis (New Forest East) (Con)]

Those of us who opposed the creation of the single currency when John Major’s Government were sitting on the fence view with horror the prospect that its failure may now lead to the economic unification and economic government of Europe. Will the Minister reassure us that Britain would not countenance supporting such a mad and undemocratic idea?

[Mr Lidington]

Part of the critique that both my hon. Friend and I have consistently made of the single currency is that, in the absence of closer fiscal and economic union, a single monetary policy and interest rate would not be sustainable. However, it is the sovereign right of other European countries to choose whether to pursue closer integration now, and it would be disastrous for the UK were the eurozone to suffer a financial collapse or prolonged recession.

[Mr Douglas Alexander (Paisley and Renfrewshire South) (Lab)]

I want to take the Minister back to the repatriation of powers. The Government’s coalition agreement from last May promises that the Government

“will examine the balance of the EU’s existing competences”.

What progress has been made on this examination, has it come to any conclusions and, if so, will the Minister place them in the Library of the House of Commons?

[Mr Lidington]

The work has started. It is in its early stages, though, because in our first year in office we gave priority to implementing the referendum lock to try to repair the damage done to public trust in the EU by the right hon. Gentleman’s Government and their denying people the referendum on the Lisbon treaty that had been promised. That work will continue, and I would welcome constructive suggestions from the Opposition as much as from any part of the House as that work is carried forward.

[Mr Alexander]

I thank the Minister for that elucidating answer. This morning, the Deputy Prime Minister said that the return of powers from the EU to Britain was not going to happen. How does the Minister reconcile those remarks with the earlier remarks this morning from the Education Secretary? Do these remarks suggest that the coalition Government have no intention of seeking the transfer of powers and that all the Conservative party’s talk on this issue is simply an attempt to placate its own Back Benchers?

[Mr Lidington]

My right hon. Friend the Deputy Prime Minister spoke about rebalancing the responsibilities of the EU and member states in the light of potentially dramatic changes to how the EU is organised. Frankly, it is a bit rich for the right hon. Member for Paisley and Renfrewshire South (Mr Alexander) to lecture us, given that his party leader will not rule out joining the euro, rejects the idea that Brussels has too much power and claims that the President of France speaks for the British people. That makes the right hon. Gentleman a spokesman for a party that has no relevant contribution to make to the future of Europe.

[Stella Creasy (Walthamstow) (Lab/Co-op)]

4. What recent reports he has received on the Lessons Learnt and Reconciliation Commission in Sri Lanka.

--- Later in debate ---

[Steve Rotheram (Liverpool, Walton) (Lab)]

5. What recent discussions he has had with his EU counterparts on the future of the European single market.

[The Minister for Europe (Mr David Lidington)]

My right hon. Friends and I take every opportunity with our EU colleagues, formally and informally, to argue that we need to deepen and widen the single market to secure economic growth and create jobs.

[Steve Rotheram]

Will the Minister tell me how much of the Foreign Secretary’s valuable time was spent on the diversion of trying to appease rebellious Tory Back Benchers instead of trying to achieve reforms to the European single market, which might benefit Britain’s interests? An estimate will suffice.

[Mr Lidington]

If the hon. Gentleman had been studying the conclusions of last Sunday’s European summit rather than the brief from his Whips Office, he would realise that the summit agreed to give priority to EU action to benefit jobs and growth. He would also know that it called for full implementation of the services directive, completion of a digital single market by 2015 and a reduction in the administrative burden of European regulation on business by a quarter by next year. That is a European agenda that could have been written in London, and it was achieved because of the intensive diplomacy of my right hon. Friends the Prime Minister and the Foreign Secretary.

[Mr Philip Hollobone (Kettering) (Con)]

European free trade through the single market is clearly a good thing for this country, apart from the fact that we have recently seen an alarming increase in this country’s trade deficit with our European partners. What can Her Majesty’s Government do about that?

[Mr Lidington]

I am glad that my hon. Friend has raised that matter. I took note of the points that he and others raised in the debate yesterday evening, and I have looked at the latest figures. I am glad to be able to tell him that the trade deficit has narrowed since the figures that he and others cited yesterday were produced. The way to get the trade deficit down is, in part, through Government Ministers making every effort through commercial diplomacy to help our businesses to sell British goods and services in Europe and the wider world.

[Emma Reynolds (Wolverhampton North East) (Lab)]

Now that the Prime Minister has managed to secure a seat at tomorrow’s summit in Brussels, what specific proposals will he put on the table, and which alliances will he build, or rebuild, to ensure that the eurozone 17 do not start to take decisions about the single market without us?

[Mr Lidington]

I am sorry that the hon. Lady, whom I welcome to her new responsibilities, overlooked the commitments already made on Sunday by all 27 Heads of Government to ensuring that the integrity of the single market is protected and that the rights of the Community at 27 are safeguarded. My right hon. Friend will be seeking both political and legal or administrative ways to ensure that the position of the Euro-outs is protected. He will find allies—my own experience in the General Affairs Council on Saturday certainly showed this—not only among other countries outside the eurozone, but among a number of eurozone member states that do not wish either the UK or other Euro-outs to be excluded from discussion.

[Miss Anne McIntosh (Thirsk and Malton) (Con)]

Of course, as the Foreign Secretary pointed out yesterday, a real prize for this country will be completion of the internal market for services and liberalisation of the energy sector. Is that likely to be achieved under the Polish presidency?

[Mr Lidington]

I think that we will make some progress under the Polish presidency. I would like to think that we will accomplish everything my hon. Friend urges, but it is certainly our intention to continue to press forward with that agenda under the Danish and, if necessary, the Cypriot presidencies next year.

[Gemma Doyle (West Dunbartonshire) (Lab/Co-op)]

6. What recent discussions he has had with the Egyptian authorities on the protection of human rights.

--- Later in debate ---

[Nigel Mills (Amber Valley) (Con)]

8. What recent steps he has taken to strengthen relations with countries in central Asia; and if he will make a statement.

[The Minister for Europe (Mr David Lidington)]

Central Asia is increasingly important to British economic and strategic interests. We shall be opening a British embassy in Kyrgyzstan early next year, and we are maintaining high-level bilateral contact with all five republics. The most recent such contact took place during a visit to central Asia by my right hon. Friend the Minister of State, Department for International Development.

[Nigel Mills]

When I was doing voluntary work in Tajikistan recently, it was noted that despite the good work of our ambassador, there was a very low-key British presence. Will the Minister ask the British Council whether it can raise its profile in that country? The council currently deals with it from Uzbekistan, and relations between the two countries are pretty poor.

[Mr Lidington]

I pay tribute to the voluntary work that my hon. Friend did in Tajikistan earlier this year. It is good that the interests of that important part of the world can be highlighted in the House of Commons. I will happily pass on what my hon. Friend has said to the head of the British Council.

[Jeremy Corbyn (Islington North) (Lab)]

Until fairly recently central Asia was awash with nuclear weapons, but following the declaration by Kazakhstan and a number of other nations, a nuclear-weapon-free zone has been established there. Does the Minister welcome its establishment, and will he guarantee that NATO will comply with the zone and not overfly it with any nuclear weapons or nuclear-armed aircraft so that we show respect for that attempt to introduce peace to what was once a very tense region?

[Mr Lidington]

We welcome any moves to reduce the threat from nuclear proliferation worldwide, and we look not only to the central Asian republics but to all signatories to the non-proliferation treaty to live up to their obligations fully.

--- Later in debate ---

[Stephen Phillips (Sleaford and North Hykeham) (Con)]

11. What assessment his Department has made of implications for UK foreign policy of the EU’s enhanced observer status at the United Nations.

[The Minister for Europe (Mr David Lidington)]

The EU’s formal status as a non-voting observer at the United Nations has not changed. The key difference is that now, where agreed, the High Representative, rather than the rotating presidency, speaks on the EU’s behalf at the General Assembly. The practical implications for our foreign policy have not been noticeable, but we have had to hold some tough discussions with those who thought Lisbon meant an automatic increase in the EU’s competence in international bodies.

[Stephen Phillips]

I am grateful to my right hon. Friend for that answer. We have recently witnessed major foreign policy crises in respect of Libya and elsewhere. What difference has the EU’s new status made to the way in which we and the United Nations have handled those crises?

[Mr Lidington]

I have to tell my hon. and learned Friend that it made very little difference indeed in practice, in part because the EU itself was divided. When we had to pursue a military campaign and the need arose for quick political decisions, it was individual member states’ Foreign Ministries, Defence staffs and intelligence agencies who made the decisions and took things forward. The EU has an important role to play in helping to rebuild Libya and integrate it into the wider community of nations.

[Mr Denis MacShane (Rotherham) (Lab)]

Will the Minister confirm that on every working morning at the UN and all its agencies there is a co-ordination meeting of all the EU ambassadors, including the UK’s, and that when they decide to speak with one voice they have far more impact than a cacophony of 27 different voices? We have to stop appeasing the “Mad-Eye Moodys” who hate anything to do with the European Union; and when we can speak as one, we should speak as one.

[Mr Speaker]

Minister?

[Mr Lidington]

I am waiting for the right hon. Gentleman to find his Harry Potter analogies. He is right to the extent that if the 27 EU member states are able to speak with one voice, that can often add to the weight of their voice, but it is important that that is done in a way that does not compromise the delineation of competences between the EU and member states as set out in the Lisbon treaty, which is why I am glad that at the General Affairs Council on Saturday we all agreed a framework agreement to make sure representation should not affect competence.

[Susan Elan Jones (Clwyd South) (Lab)]

12. What recent assessment he has made of the Afghan High Peace Council’s role in the political process in that country.

--- Later in debate ---

[George Eustice (Camborne and Redruth) (Con)]

T1. If he will make a statement on his departmental responsibilities.

[The Minister for Europe (Mr David Lidington)]

I am sure that the whole House will want first to send its sympathy to the Government and people of Turkey in the wake of the devastating earthquake that has struck there. My right hon. Friend the Prime Minister has assured Prime Minister Erdogan that the United Kingdom is ready to help in whichever way Turkey thinks best.

At the Commonwealth Heads of Government meeting that opens in Perth on Friday, we believe that the key focus of discussions should be on how to strengthen the Commonwealth for the future. We are committed to working to strengthen the Commonwealth as a force for democracy, development and prosperity and we believe that this CHOGM can and should be a defining one for the organisation.

[George Eustice]

I thank the Minister for that answer. The coalition agreement states:

“We will examine the balance of the EU’s existing competences”.

Will the Minister explain to the House when and how this Government policy will be delivered?

[Mr Lidington]

This work is under way. I am sure that as it continues there will need to be opportunities to debate the outcome in the House. I hope that my hon. Friend will contribute to that debate and come forward with constructive proposals of his own.

[Mr Douglas Alexander (Paisley and Renfrewshire South) (Lab)]

The House will be aware of disturbing reports this morning of an explosion at a fuel tank that has left more than 50 people dead in the Libyan city of Sirte. Of course that event needs to be investigated fully but it surely reminds us that Libya is still awash with weapons, including heavy weapons left over from the Gaddafi era. What steps are the British Government taking to support the Libyan authorities in securing those weapons so that they threaten neither the Libyan people nor international security?

General Affairs Council and Foreign Affairs Council, 10-11 October 2011

David Lidington Excerpts

Monday 17th October 2011 Written Statements

[The Minister for Europe (Mr David Lidington)]

The Foreign Affairs Council and General Affairs Council were held on 10-11 October in Luxembourg. My right hon. Friend the Foreign Secretary and I represented the UK.

The agenda items covered were as follows:

Foreign Affairs Council (FAC)

The FAC was chaired by Baroness Ashton. A provisional report of the meeting, and all conclusions adopted, can be found at:

http://www.consilium.europa.eu/uedocs/cms_data/docs/pressdata/EN/foraff/125028.pdf

Bosnia and Herzegovina (BiH)

Although BiH was not a formal agenda item, Ministers agreed conclusions which reaffirmed the EU’s support for the continuation of the EU’s military force’s (EUFOR Althea) executive mandate. The conclusions also included a reference to “looking forward to discussions” on the future of the Office of the High Representative (OHR).

Belarus

Ministers agreed to renew the EU’s restrictive measures against Belarus, and added 16 new names to the travel ban and assets-freeze list. There was broad agreement that the EU should not consider renewing a dialogue with the Belarusian authorities until all political prisoners have been released and rehabilitated. Ministers also endorsed ongoing work by Commissioner Stefan Fule on engaging civil society in Belarus.

Ukraine

Ministers expressed concern about the trial and upcoming verdict on Yulia Tymoshenko. There was a discussion about the impact the verdict might have on finalising the EU’s association agreement with Ukraine.

The day after the FAC, Yulia Tymoshenko was sentenced to seven years in prison. Speaking after the verdict the Foreign Secretary said:

“The conviction of the Ukrainian opposition politician, Yulia Tymoshenko, by a court in Kyiv is deeply concerning. Independent legal experts including the Danish Helsinki Committee have concluded that Ms Tymoshenko’s trial was subject to numerous and serious violations of fundamental legal principles, in direct contradiction of common European values.

“Ukraine says it wants to join the EU one day. The UK supports that objective. But that cannot happen until Ukraine can show that it adheres to the highest democratic standards, including respect for human rights, the rule of law and an independent, transparent and fair judicial process. The conviction of Ms Tymoshenko and the ongoing cases against other former Members of the Government call into question Ukraine’s commitment to these values. This could pose a major obstacle to the signature and ratification of the association agreement and deep and comprehensive free trade agreement with the EU”.

EU-China Summit

Ministers reviewed preparations for the 14th EU-China summit, which takes place in China on 25 October. The Foreign Secretary stressed the need for the EU to focus on increased market access for EU businesses. He also urged the EU to continue to raise human rights issues at the highest level, and underlined the importance of global co-operation on cyber security.

Southern Neighbourhood

Baroness Ashton set out the results of the Tunisian taskforce meeting of 28-29 September. She had co-chaired the meeting with the Prime Minister of Tunisia, which had also been attended by member states, European institutions, the European Investment Bank, the EBRD, the World Bank, the Africa Bank and representatives from the private sector. Around €4 billion was pledged to Tunisia over the next three years.

On Egypt, concern was expressed by many Ministers about the recent outbreaks of violence. There was broad agreement on the importance of protecting freedom of religion and belief.

Ministers agreed conclusions on Libya which:

Reaffirmed the EU’s support for the National Transition Council.

Welcomed the continuation of the operation to enforce UNSCR 1973 and ensure the protection of the Libyan population.

Welcomed the adoption of UNSCR 2009 and the return of Libya to the UN as represented by the National Transitional Council.

Stressed the need for all in Libya to respect all international obligations and the rule of law.

Expressed concern about the dissemination of conventional weapons in Libya.

Set out the EU’s willingness to work under UN co-ordination to consider Libyan needs in the fields of democratisation, rule of law, institution-building, security sector reform and police training.

Ministers agreed conclusions on Syria which condemned the ongoing brutal repression by the Syrian regime. Ministers expressed disappointment with the failure of the UN Security Council to adopt a resolution against Syria. They reiterated their determination to continue with targeted sanctions against the Syrian regime.

On Yemen, Ministers agreed conclusions which stressed concern about the situation in the country. They called for President Saleh to sign and implement the Gulf Co-operation Council initiative. And they welcomed the report of the High Commissioner for Human Rights, and urged the authorities in Yemen to act on its recommendations.

On the European neighbourhood policy, the Foreign Secretary and others stressed the need to hold out the possibility of meaningful market access to the neighbourhood, in exchange for real political and democratic reforms.

Middle East Peace Process

Ministers agreed conclusions which reiterated their support for Baroness Ashton’s efforts on behalf of the EU to re-launch the peace process. There was an appeal for both parties to resume negotiations under the terms set out in the quartet statement of 23 September.

Ministers expressed their disappointment with the recent settlement expansion in the East Jerusalem settlement of Gilo. Baroness Ashton briefed Ministers on the Quartet envoys’ meeting of 9 October in Brussels and plans to invite the parties to meet in the coming days. The Foreign Secretary emphasised the need for continued EU unity in response to any resolutions proposed at the United Nations in New York.

Iran

The discussion on Iran focused on two areas: the EU’s growing concern over human rights, and Iran’s nuclear programme. On human rights. Ministers agreed to add 29 names to its sanctions list, in addition to the 32 officials previously agreed in April. On the nuclear issue, Baroness Ashton briefed Ministers on E3+3 talks in New York in the margin of the UN General Assembly and her meeting with the Iranian Foreign Minister. She also outlined plans for taking forward talks with Iran. The Foreign Secretary made the following statement:

“I welcome the EU’s agreement today to impose restrictive measures on a further 29 Iranians responsible for grave human rights abuses. Those targeted include Government Ministers, members of the security forces, prison staff and judiciary responsible for serious human rights violations.

“In recent months the human rights situation in Iran has continued to deteriorate. As we mark world day against the death penalty we should recall that Iran has now executed over 500 people this year, including a 17-year-old boy. The Government have violently suppressed protests over the mismanagement of a lake in north-west Iran, and families of a number of journalists have been arrested and harassed. We will continue to identify and list those who seriously violate the human rights of the Iranian people.

“Today’s decision sends a clear message to every individual on this list, and others in the Iranian regime, that we will not stand by. They will be held to account for their actions and should not involve themselves in the appalling abuses we continue to witness”.

EU External Representation

Ministers had a brief informal exchange on EU external representation in international organisations. The Foreign Secretary said we supported effective external action by the EU, in accordance with the treaties. But we needed to ensure that this did not affect the balance of competences between the EU and member states; and that member states remained free to act where they had the right to do so. He agreed that the EAS should propose effective arrangements in line with these principles.

General Affairs Council (GAC)

The GAC was chaired by the Polish EU presidency (Mikolaj Dowgielewicz, State Secretary for European Affairs). A draft record of the meeting can be found at:

http://www.consilium.europa.eu/uedocs/cms_data/docs/pressdata/EN/genaff/125036.pdf

Cohesion Policy

Ministers heard a presentation by Commissioner Hahn (regional policy) of proposals for rules on implementing the EU’s policy on economic and social cohesion in 2012-2020.

Growth-Enhancing Measures

The presidency presented its report “Towards a European consensus on growth” (see link below).

http://pl2011.eu/sites/default/files/users/shared/spotkania_i_ wydarzenia/presidency_report_on_growth.pdf

The report identifies potential growth-enhancing measures which might help the EU overcome the current economic crisis.

G20 Summit in Cannes

Ministers discussed with Commissioner Sefcovic (inter-institutional relations and administration) preparations for the G20 summit in Cannes on 3-4 November. The Commissioner set out proposed EU priorities: the eurozone and the global economic recovery; the resilience of the international monetary system; tackling commodity prices; providing a way forward for Doha and the WTO; development; food security; a strong message on climate change and Durban; and the proposed Financial Transaction Tax (FTT). I stressed that the UK was firmly against promoting a FTT at the G20 summit.

Preparation of the October European Council

Ahead of the GAC, the President of the Council, Van Rompuy, joined Ministers by video link to discuss preparations for the Council. He explained that the Council had been pushed back to Sunday 23 October to allow Heads of State and Government to consider issues relating to Greece, the European banks and the eurozone governance more comprehensively as a package. I argued that any future institutional changes to governance in the eurozone had to protect fully the interests of all 27 member states, and there had to be clear language to that effect in the European Council conclusions.

I also stressed the need for the Council conclusions to address some significant foreign policy developments, particularly Libya.

I will deposit copies of this note in the Libraries of both Houses. And I will also continue to update Parliament on future Foreign and General Affairs Councils.

General Affairs Council (12 September 2011)

David Lidington Excerpts

Thursday 15th September 2011 Written Statements

[The Minister for Europe (Mr David Lidington)]

The General Affairs Council was held on 12 September in Brussels. I represented the UK.

The agenda items covered were as follows:

General Affairs Council (GAC)

The GAC was chaired by the Polish EU presidency (Mr Mikolaj Dowgielewicz, State Secretary for European Affairs of Poland). A draft record of the meeting can be found at:

http://www.consilium.europa.eu/uedocs/cms_data/docs/pressdata/EN/genaff/124579.pdf

Multiannual Financial Framework

Before the General Affairs Council I met with a group of member states that, like the UK, believe in a budget-disciplined approach to the multiannual financial framework, hosted by Sweden. Together we agreed a joint statement calling for budgetary restraint; this was reflected in a press statement released following the Council meeting, this can be found at the following internet address:

http://www.fco.gov.uk/en/news/latest-news/?view=PressS&id=654555082.

Ministers were informed of the progress of discussions at the Friends of Presidency Group. This is a Committee of officials from the member states, with attendance from the Commission, to prepare and discuss aspects of the next multiannual financial framework. The Commission proposals, which can be found at http://ec.europa.eu/budget/reform/, were published in June 2011 and are unacceptable to the UK. Discussion was guided by the document linked below, which set the framework for the discussion.

http://register.consilium.europa.eu/pdf/en/11/st13/st13127.en11.pdf

During the formal, public, session of the General Affairs Council and the informal lunch following the Council meeting I took the opportunity, along with partners, to reiterate the UK demand for a smaller EU budget in the next financial framework. I also argued for greater transparency. This means bringing the budget items that the Commission has sought to move “off budget” back on to the balance sheet (an estimated €18 billion worth of measures). On flexibility (moving monies between budget envelopes after they had been agreed) I argued that this would only make sense in the context of a smaller, more tightly focused, overall budget.

October European Council

The presidency presented the draft annotated agenda of the October European Council on behalf of the President of the EU. The conclusions would cover economic policy and preparation of the EU’s position for the G20 summit and for the Durban conference on climate change. The main focus would be on economic policy and in particular external aspects of the Union’s economic policy and internal initiatives on growth and the single market.

All Ministers welcomed the draft annotated agenda and recognised that it may need to evolve in the lead up to the European Council in the middle of October. I welcomed the emphasis on economic policy but stressed the need for substantive discussion on promoting growth and jobs. I also pressed for the European Council to discuss the events in north Africa and the middle east and to discuss the evolving European neighbourhood policy. Heads of State must discuss the pressing international issues of the day.

I will deposit copies of this note in the Libraries of both Houses, and I will continue to update Parliament on the General Affairs Councils as and when future meetings are held.