Foreign Affairs Council

David Lidington Excerpts

Monday 9th February 2015 Written Statements

[The Minister for Europe (Mr David Lidington)]

I attended the extraordinary Foreign Affairs Council (FAC) on 29 January in Brussels. The FAC was chaired by the High Representative of the European Union for Foreign Affairs and Security Policy (HRVP), Federica Mogherini.

The conclusions adopted can be found at:

http://www.consilium.europa.eu/en/press/press-releases/2015/01/council-conclusions-ukraine.

The HRVP convened an extraordinary meeting of the FAC to discuss Ukraine following the shelling of Mariupol on 24 January and the intensifying violence in eastern Ukraine. The FAC condemned the recent escalation of fighting and reiterated the urgent need for all parties to fully assume their responsibility and to ensure the full implementation of the Minsk agreements, which remain the basis for a sustainable political solution to the crisis.

I underlined the scale of the tragedy at Mariupol, the largest loss of civilian life during the crisis bar MH17. I emphasised that diplomatic efforts must continue and that Russia had sought to change facts on the ground. The EU must respond to deter further escalation.

The FAC agreed to extend until September 2015 the restrictive measures targeting persons and entities for threatening or undermining Ukraine’s sovereignty and territorial integrity (adopted in March 2014 and subsequently updated). The HRVP and Commission were tasked to present within a week a proposal on additional listings for decision at the FAC on Monday 9 February. I emphasised that this should include preparing broader economic measures.

Ministers asked that further preparatory work be undertaken by the Commission and the EEAS on any appropriate action aimed at ensuring a swift and comprehensive implementation of the Minsk agreements. In addition, the FAC tasked the HRVP, in co-operation with member states and EU institutions, to further improve strategic communication in support of EU policies and to explore options for the establishment of a dedicated communications team to lead these actions.

[HCWS263]

Foreign Affairs Council and General Affairs Council

David Lidington Excerpts

Thursday 5th February 2015 Written Statements

[The Minister for Europe (Mr David Lidington)]

My right hon. Friend the Secretary of State for Foreign and Commonwealth Affairs will attend the Foreign Affairs Council on 9 February and I will attend the General Affairs Council on 10 February. The Foreign Affairs Council will be chaired by the High Representative of the European Union for Foreign Affairs and Security Policy, Federica Mogherini, and the General Affairs Council will be chaired by the Latvian presidency. The meetings will be held in Brussels.

Foreign Affairs Council

Africa

The FAC will be having its first strategic discussion on Africa for a number of years. To help structure the debate the EEAS has produced a paper entitled “Peace, prosperity and partnership”. The UK will use the discussion to focus on Boko Haram and Nigeria’s forthcoming presidential and regional elections. UK priorities will be to secure EU support for regional efforts, assisted by the AU, to tackle Boko Haram and to send a clear message on the importance of free, fair and peaceful elections. The UK will also reinforce the link between trade and development and peace and security, and underline the importance of the EU retaining its role as a serious player on the continent. We expect that there will be Council conclusions on this topic.

Libya

Discussions on Libya will focus on the further deterioration of the security situation and progress of the UN-led political talks. The UK’s priority will be to ensure the continued support of member states for the efforts of the special representative of the UN Secretary General for Libya, Bernardino Leon, to resolve the political crisis and pave the way for peaceful political dialogue.

Yemen

Events in Yemen are fluid and volatile. We expect discussions to focus on the latest situation in the country, including the future leadership of the country. There will be Council conclusions on Yemen, condemning violence and urging restraint and dialogue by all parties in line with the GCC initiative and the peace and national partnership agreement signed by the Houthis and President Hadi in September 2014.

Iraq and Syria

The EEAS and Commission will present an update on the EU Syria/Iraq/ISIL strategy. The UK will urge the institutions to secure funding swiftly to enable the implementation of the strategy, ahead of the March FAC. The strategy should help focus EU efforts on areas where they can add value to the counter ISIL coalition and should ensure EU activity is better co-ordinated and aligned with other coalition efforts.

Terrorism

The attacks in Paris, and events in Belgium and elsewhere in Europe, underline that countering terrorism is at the top of our and our EU partners’ priorities. Much of the European direct response to these attacks will focus on internal EU justice and home affairs (JHA), as set out by EU JHA Ministers when they met on 29 January, but the EU needs to address terrorism issues outside its borders. We expect Council conclusions on 9 February that will set out how the EU intends to implement its foreign fighters and Syria/Iraq/ISIL strategy. Other UK priorities will be to press for EU action in priority countries in the middle east and Africa, to improve those countries’ aviation and border security, crisis-response capacity and management of the return of terrorist fighters, as well as to support their strategic communications and counter-radicalisation efforts.

General Affairs Council

The General Affairs Council (GAC) on 10 February is expected to focus on: the Latvian presidency work programme; the EU strategic agenda; preparation of the European Council on 19 and 20 March 2015; and EU structural funds.

Latvia presidency work programme

The GAC is expected to take note of the Latvian presidency programme which commenced on 1 January 2015. Three priorities have been identified for the Latvian presidency: a competitive Europe that creates growth and jobs and better responds to the needs of its people; a digital Europe which seizes the opportunities provided by digital technologies as the basis for the EU’s competitiveness and growth; and a global Europe encompassing EU-US relations, the Eastern Partnership and renewing the EU-central Asia strategy. There is a good degree of alignment between the UK’s priorities and those of the Latvian presidency, particularly based around supporting growth and making European economies more competitive.

EU strategic agenda—Union of freedom, security and justice

The GAC will discuss the EU’s response to the horrific attacks in Paris and Belgium last month. The UK wants to see action taken at a European level to deal with aspects of the current threat from terrorism in Syria and Iraq, including: on the movement of foreign fighters and weapons through Europe; improved aviation security; tackling terrorist and extremist propaganda on line; counter radicalisation and driving a strong counter narrative; data-sharing about people convicted of terrorist offences; and urgent publication of the EU’s strategies on foreign fighters and ISIL.

Preparation of the March European Council

The GAC will prepare the 19 and 20 March European Council, which the Prime Minister will attend. The March European Council agenda has not yet been released but we expect it to include: economic issues including the review of the Europe 2020 strategy; energy union; and external relations issues—likely to include Ukraine.

EU structural funds

Ministers will discuss measures to ensure the timely adoption of the 2014-20 EU structural funds programmes which are awaiting approval.

[HCWS255]

Foreign Affairs Council

David Lidington Excerpts

Thursday 29th January 2015 Written Statements

[The Minister for Europe (Mr David Lidington)]

My right hon. Friend the Secretary of State for Foreign and Commonwealth Affairs attended the Foreign Affairs Council on 19 January in Brussels. The Foreign Affairs Council was chaired by the High Representative of the European Union for Foreign Affairs and Security Policy, Federica Mogherini.

Johannes Hahn, Commissioner for European Neighbourhood Policy and Enlargement Negotiations, Dimitris Avromopoulos, Commissioner for Migration, Home Affairs and Citizenship, and Miguel Arias Canete, Commissioner for Climate Action and Energy were in attendance for some of the discussions at the FAC.

A provisional report of the meeting and conclusions adopted can be found at:

http://www.consilium.europa.eu/en/meetings/fac/2015/01/19/

Russia

Ministers discussed relations with Russia in restricted format. The High Representative, Federica Mogherini, highlighted the need for the EU to remain united in its support for Ukraine, financially and politically. Full implementation of the Minsk agreement was essential to de-escalate the situation in Ukraine. Sanctions remained an important element of the EU’s approach. Ministers discussed the EEAS Russia issues paper, which set out options on what other EU instruments could be used to increase leverage. Commissioner Hahn outlined the need to engage with Russia on the EU’s own terms.

The Foreign Secretary stressed that there should be no softening of the EU position, given there had been no constructive steps by Russia on the Minsk commitments. The EU should be ready to respond when Russia met its obligations. The Foreign Secretary also highlighted that Russia could no longer be considered a strategic partner to the EU.

Counter-terrorism

The High Representative outlined her proposal to mainstream counter-terrorism in EU foreign policy by publishing the strategy on foreign fighters in Iraq/Syria; embedding security experts in EU delegations in the MENA region; maximising use of EU agencies; and improving communication with partners in the region and at home. She urged speedy adoption of the EU directive on passenger name records (PNR).

Discussion centred on the source and spread of radicalisation in the region. Many Ministers agreed on the need for better EU communications and the need for enhanced co-operation, including with Turkey, Egypt, Saudi Arabia and Algeria. A recommendation was made for a broader approach encompassing Boko Haram and other groups in the Sahel to be discussed at the February FAC. Ministers also agreed on the need to counter both anti-Semitism and Islamophobia.

Lunch with Arab League Secretary General Elaraby

Ministers discussed the middle east peace process, Libya and counter-terrorism, with Secretary-General Elaraby. The Foreign Secretary agreed that countering terrorism in the region was a priority for both the EU and the Arab League, and urged the Arab League and the Arab states to improve the human rights situation in order to unlock greater EU assistance. Elaraby reassured EU Ministers that Arab Ministers shared their condemnation of terrorism.

The High Representative undertook to strengthen further formal and informal links between the EU and Arab League, both at working level and at political level. In the margins of the Council, Ms Mogherini signed a memorandum of understanding with Elaraby furthering co-operation between the EEAS and the Arab League.

Libya

Due to the extended discussion on Russia, the substantive point on Libya was postponed until February.

Climate change

Ministers endorsed the EEAS’s action plan for climate diplomacy ahead of COP21 in Paris, and agreed on the need for the EU to have a clear climate change policy. Commissioner Canete identified securing ambitious commitments and credible climate finance as the two main challenges. Ministers called on the EU to support countries through technical assistance, expertise and funding.

AOB

The High Representative updated Ministers on her thinking on the future of EU special representatives (EUSRs) and her intention to appoint EUSRs for the middle east and central Asia. Ministers also noted recent events in Cuba and Colombia.

Ministers agreed without discussion a number of other measures:

The Council adopted conclusions on Democratic Republic of Congo/Democratic Forces for the Liberation of Rwanda (FDLR);

The Council adopted conclusions on Tunisia;

The Council appointed Mr Lars-Gunnar Wigemark as new EU special representative in Bosnia and Herzegovina from 1 March 2015 to 30 June 2015;

The Council approved the EU position for the 15th meeting of the EU-Armenia Co-operation Council on 20 January in Brussels;

The Council endorsed the six-monthly progress report on the implementation of the EU strategy against proliferation of weapons of mass destruction, covering activities in the second semester of 2014;

The Council agreed to launch the EU common security and defence policy mission in Mali (EUCAP Sahel Mali) on 15 January 2015. It also allocated a budget of €11.4 million for the mission in the period until 14 January 2016;

The Council decided to appeal against the judgment of the General Court in the case Council v. Hamas of 17 December (T-400/10). The Court had annulled, on procedural grounds, the Council’s decision to maintain Hamas on the EU list of terrorist organisations. During the appeal, Hamas will stay on the terrorist list;

The Council established the EU military advisory mission in the Central African Republic (CAR). This mission sets out to support security sector reform in the CAR. It also authorised the HRVP to open negotiations with the CAR authorities for an agreement on the status of this mission.

[HCWS237]

Tamil People in Sri Lanka

David Lidington Excerpts

Wednesday 28th January 2015 Westminster Hall

[The Minister for Europe (Mr David Lidington)]

I congratulate my hon. Friend the Member for Ilford North (Mr Scott) on securing the debate. I note the contributions of Members on both sides of the House and thank them for taking part.

The debate is timely, coinciding as it does with the visit to Sri Lanka by the Minister of State, Foreign and Commonwealth Office, my right hon. Friend the Member for East Devon (Mr Swire), although that timeliness inevitably means that there are limits to what I am able to say. We will know a lot more and be able to make a clearer assessment of the new Sri Lankan Government after his meetings today and tomorrow. He hopes to see the President, the Prime Minister, the Foreign Minister and the new governor of the northern province, and he intends to travel to the north to meet the Chief Minister and representatives of Tamil political parties, engage with internally displaced persons and talk to journalists. He is making a point not only of talking to the Government, but of trying to see for himself the situation on the ground in the north and talking to people there from the Tamil minority, who will be able to give him a first-hand view of the current situation and their hopes and expectations for the future.

Of course, we await the publication of the report from the Office of the United Nations High Commissioner for Human Rights, which is due to be presented to the Human Rights Council in March. The Government do not know what that report will say or what its recommendations will be. We await the report’s conclusions and recommendations on some of the issues raised in the debate, such as whether what happened in Sri Lanka should be classed as genocide, which, as my hon. Friend the Member for Harlow (Robert Halfon) knows, carries legal, not just political, implications.

The new Government’s commitments are promising. They have said that they will end the executive presidency within 100 days; restore the independence of key institutions, including the judiciary and the police; reinstate media freedoms; end Sri Lanka’s international isolation; and return powers to the provincial councils. We have seen some early positive signs of progress, such as replacing the military governor of the northern province with a civilian, but I stress that these are early days, which is precisely why my right hon. Friend the Minister of State wanted to go to Colombo and the north of the island as soon as possible to meet the new Government and urge them to continue living up to the high expectations of the people of Sri Lanka and the international community and to make his own judgment on what the Government intend to do. We will not ignore the challenges that Sri Lanka faces, including the challenges faced by Tamil communities in the north and east of the island. There are many challenges, including the settlement of internally displaced people.

[Kerry McCarthy]

I am pleased with what the Minister has to say about the visit to Sri Lanka by the Minister of State, Foreign and Commonwealth Office, the right hon. Member for East Devon (Mr Swire), particularly that he is going to the north. The Minister may be coming on to this, but when will we hear about the right hon. Gentleman’s visit? Will he be able to write to MPs or give a written ministerial statement?

--- Later in debate ---

[Mr Lidington]

I will ensure that my right hon. Friend is aware that Members on both sides of the House have expressed great interest in his visit and hope that there will be full communication when he gets back. I will leave it to him to decide whether he wants to meet Members who are particularly concerned or to offer either a written statement or letters to Members who have taken part in the debate. I undertake that there will be transparency, and I am sure that he will want to ensure that Members who have maintained a long interest in Sri Lanka are fully briefed on his conclusions after his visit.

The challenges faced by the Tamil community include the settlement of internally displaced people, land issues, militarisation and the need for an overall and enduring political settlement. My right hon. Friend the Prime Minister saw those issues for himself during the Commonwealth Heads of Government meeting in November 2013. He was the first foreign leader to visit the north of Sri Lanka since as far back as 1948. The Government continually raised those issues, including, most obviously, human rights abuses, with the former Sri Lankan Government, and we will continue to raise them in all our dealings with the new Sri Lankan Government.

The recent vote was clearly a vote for change; I say that in answer to the hon. Member for Bristol East (Kerry McCarthy). Our judgment is that the result on the day reflected the will of the Sri Lankan people, but we note the view of Commonwealth observers that there was an inadequate electoral and legal framework and an unequal pre-election environment, which meant that the nature of the election contest fell short of key international benchmarks for democratic elections. We hope that Sri Lanka and its new Government, with the support of the international community, will address those shortcomings ahead of future elections.

The new Prime Minister has committed himself in Parliament to implement the 13th amendment to devolve more powers to provinces, including policing powers, and we welcome the new Government’s moves to reach out to the Tamil National Alliance to discuss Tamil issues. We encourage both sides to work together to reach a political settlement.

President Sirisena’s manifesto committed him to a number of actions that would benefit the Tamil people economically through education and better governance. For example, he made commitments to provide better access for Tamil students to science education, improve relief to displaced people, put in place a democratic civil administration in the north and south of the island, put a stop to racial and religious hatred, and take steps to promote reconciliation between communities. I acknowledge that it is still early days. The important thing is that those public commitments have been given, and we are keen to talk to the Sri Lankan Government about how they propose to translate those manifesto commitments into practice.

We want to strengthen ties between the UK and Sri Lanka. We have a strong shared history through our people, education and trade, and we stand ready to support the new Government as they implement ambitious reforms. We will encourage them to make progress on human rights, and we welcome their early commitments on media freedoms, the protection of religious minorities and the restoration of judicial independence. We also have very high on our list of priorities for our conversations with the new Sri Lankan Government the need for a lasting political settlement for the north, and a credible domestic reconciliation process, along with accountability for alleged violations and abuses of human rights during what was, as has been said in the debate, a long and bloody 30-year conflict.

I think the UK’s position is well understood, and unless we see progress in those areas of policy the reality is that Sri Lanka will not be able to thrive as the strong, peaceful and inclusive nation that everybody in the House would wish it to be.

The UK joined an EU heads of mission statement on 2 January calling for the elections to be peaceful, credible and transparent, and we encouraged the previous Government of Sri Lanka to ensure that international observers were invited. During the election campaign, officials from our high commission in Colombo travelled around the country, co-ordinating closely with counterparts from other foreign embassies and with local election monitoring groups. We also provided a grant of £128,000 to a range of independent election observation groups to ensure that the elections could be monitored as thoroughly as possible.

On the question of the UN Human Rights Council, we remain firmly committed to making progress on Sri Lanka through the UNHRC. We strongly supported the March 2014 UNHRC resolution that called for Sri Lanka to make domestic progress on human rights and reconciliation, as well as establishing an international investigation of alleged violations and abuses of international law by both sides during Sri Lanka’s conflict. My hon. Friend the Member for Harrow East (Bob Blackman) pointed out that the most serious allegations have been made about the approach taken by the Government of the former President, Mahinda Rajapaksa, but we must not blind ourselves to the fact that the Liberation Tigers of Tamil Eelam remains a proscribed terrorist organisation in this country, and for good reason, given its history.

My right hon. Friend the Prime Minister, in his statement of congratulations to President Sirisena, encouraged Sri Lanka to co-operate with the UN investigation, and my right hon. Friend the Minister of State will repeat that message this week when he meets Sri Lanka’s leaders face to face. He will ask the new Government to engage with the UN High Commissioner for Human Rights and the international investigation, and to take serious steps to establish credible domestic reconciliation and accountability processes. We will wait to see how Sri Lanka moves forward, given that those matters were part of the new Sri Lankan Government’s early plans.

I do not want to pre-empt the report of the Office of the UN High Commissioner for Human Rights, and it would be wrong to make comments that prejudged its recommendations. Once that report is available, we will study it carefully, along with our analysis of whatever steps the Sri Lankan Government take between now and then. The OHCHR report should be, in its own right, an important contribution to reconciliation. It will help to establish the truth for those who seek it—the families of the thousands of missing civilians, especially the missing children. We hope that the report will help to heal the wounds of the conflict, and help people to move on.

In response to the hon. Member for Strangford (Jim Shannon), who asked about missing persons, the experience of Northern Ireland will certainly be relevant to the work that needs to be done in Sri Lanka to try to establish what happened to those whose fate is unknown. There is also, tragically, experience elsewhere in Europe—in Bosnia and Herzegovina, and in Cyprus, particularly that of the Committee on Missing Persons in Cyprus—that could be of value to the authorities in Sri Lanka and the international agencies as the work on Sri Lanka’s missing persons progresses.

I agree with what was said about the need to press the Sri Lankan Government to stop the persecution of Christians, Muslims and other religious minorities. It is important that the rights of all minorities in Sri Lanka are fully respected.

In response to the question from the hon. Member for Bristol East on asylum claims, I can tell her that the policy has not changed as a result of the election in Sri Lanka. It remains the case that each asylum claim is assessed on its merits, and in line with the test laid down in the UN convention on refugees and in our domestic law.

Britain is Sri Lanka’s largest export market in the EU; we have an important trading relationship and we are Sri Lanka’s third largest trading partner by value. In 2013, bilateral trade was nearly £1 billion. While that trade weighs heavily in Sri Lanka’s favour, last year Britain saw an increase of 14% in goods and services exported to Sri Lanka, and our relationship continues to rebalance in the UK’s favour. Many British people visit Sri Lanka each year. Between 22,000 and 42,000 British tourists may be in Sri Lanka at any one time, and about 6,000 British people are long-term residents. Also, we are a major education provider in Sri Lanka through the British Council, which has more than 200 staff delivering services across the country, including teaching English to more than 12,000 students each year at British Council teaching centres in Sri Lanka.

We have been pleased to be involved in demining projects in Sri Lanka. Between 2010 and 2015, we provided £5.1 million to support mine clearance, which allows people in the north to return home to their land. I will ensure that my colleagues at the Department for International Development hear what has been said in Westminster Hall this morning about the need for that work to continue. We have also supported community policing projects, women’s refuges, tsunami recovery work and much more. This country is committed to the people of Sri Lanka in helping them on their journey towards a prosperous and inclusive nation.

The new Sri Lankan Government represent a new opportunity for the Sri Lankan people and for UK-Sri Lankan relations, and we must give them a chance to show that they are indeed willing to deliver on their ambitious programmes for change and reconciliation. If we are asked, we will be ready to support them in that work. I hope that the early visit to Sri Lanka by my right hon. Friend the Minister of State sends a strong signal of the UK’s intentions. We want a constructive relationship that benefits both our countries and all our people, but we will not retreat from British values of promoting democracy, good governance and respect for human rights and the rule of law.

Human Rights in Mexico

David Lidington Excerpts

Wednesday 28th January 2015 Westminster Hall

[The Minister for Europe (Mr David Lidington)]

I congratulate the hon. Member for Kilmarnock and Loudoun (Cathy Jamieson) on securing a debate on this important issue. It is timely, given the approaching state visit by the President of Mexico.

This would hardly be a debate on Latin American matters without the contribution of the hon. Member for Islington North (Jeremy Corbyn), whom I have heard speak on these themes on other occasions in the House. No one in the House, whatever political party they represent, has any doubt about his long-standing, principled commitment to human rights in that part of the world.

It is important to commend the excellent work done by the all-party groups on Mexico and on human rights, as well as the initiative they showed in organising two recent round-table discussions on human rights in Mexico. They secured the participation of not only Members of both Houses, but the Mexican embassy to the United Kingdom and Amnesty International. The fact that not only non-governmental organisations that had been critical of the state of human rights in Mexico, but representatives of the Mexican Government were able to take part is a good indication of the way in which we should continue discussions on these subjects.

The hon. Lady mentioned the cases of Miriam Lopez and Claudia Medina. We are aware of those cases, which have been widely reported. I will ask the Minister of State, my right hon. Friend the Member for East Devon (Mr Swire), who has ministerial responsibility for Latin America, to write to her and other Members present with more detail about those particular cases.

The disappearances and killings in Iguala and Tlatlaya have, understandably, prompted significant international concern. In many ways, they have come to symbolise the concerns felt about human rights and impunity in Mexico. As the hon. Member for Islington North acknowledged, we all need to recognise the genuine and serious security challenges that Mexico faces. We have been among the countries closely monitoring the recent tragic events and the Mexican Government’s response, and I will say a little more later about some of the initiatives that we have taken here and through our embassy in Mexico City.

The Mexican Government continue to express their commitment to human rights and have a good track record of engaging with the United Nations and other international human rights bodies. I know that Members who went to the all-party group round-table on 3 December last year welcomed the presence of Mexico’s Deputy Foreign Minister, Juan Manuel Gomez-Robledo, and his confirmation that the Mexican Government had agreed that the Inter-American Commission On Human Rights should create an interdisciplinary group of independent experts to examine his Government’s response to and investigation into the particular case of Iguala.

[Jim Shannon]

In my earlier intervention, I specifically mentioned the 43 students who went missing. Have our Government had any discussions with the Mexican Government on the disappearance of the 43 students and the corruption that let that happen? In response to my intervention, the hon. Member for Kilmarnock and Loudoun (Cathy Jamieson) mentioned that the families have, as yet, no knowledge of where their loved ones are. Have we had any correspondence or discussion with the Mexican Government? If we have, what has come back?

[Mr Lidington]

In particular through our embassy in Mexico City, but also in our contacts through the Foreign and Commonwealth Office with the Mexican embassy in the United Kingdom and with Mexican visitors to the country, we certainly express our deepest concerns about those cases, the disappearances and the subsequent discovery of hidden graves in Iguala.

The Minister of State, my right hon. Friend the Member for East Devon, raised the Tlatlaya and Iguala cases in high-level political talks in Mexico in November last year. We very much support the declared intention of the Mexican authorities to carry out an exhaustive investigation to try to find the missing students and to bring justice for the victims and their families. As the hon. Member for Kilmarnock and Loudoun said, in the past few days there have been reports that the students are dead, but the families are challenging that. It is important that a thorough investigation is carried out so that the families, whatever the outcome, feel that everything possible has been done to find out what happened to their children.

The Mexican Government’s plan to address insecurity, announced in November 2014, included a series of reforms to the police service. As the hon. Lady said in her opening speech, the police have been the focus of quite a lot of the critical commentary on Mexico’s human rights record. The proposal is that Mexico’s 1,800 municipal police forces be replaced with 32 state- level forces and that a specific law on torture and enforced disappearances should be enacted. The Mexican Government have also committed themselves to new legislation allowing for the dissolution of local governments infiltrated by organised crime. Clearly it is not only that declaration and plan, welcome though they are, that are important, but action to see that plan implemented.

[Cathy Jamieson]

That information is helpful and welcome, but does the Minister agree that simply making those structural changes will not necessarily have the required effect, unless those new police forces have a different culture and different training? Does he have any information on who will assist in trying to make that happen?

[Mr Lidington]

I completely agree. Wherever one looks in the world, changes to the structure and the organisation of institutions are important. We should not deride that sort of reform, but those sorts of administrative changes need to embody cultural change, too. That is a lesson I am well aware of from my ministerial work with Governments in parts of central and eastern Europe—I am thinking of some of the Balkan countries, in particular. Changes to an organisation’s structure are necessary to trigger cultural reform of the type the hon. Lady described.

We stand ready to support the Mexican Government in their efforts to strengthen processes and mechanisms so that those responsible for human rights abuses are brought to justice. In recent years, the FCO’s human rights work in Mexico has focused on tackling impunity in particular as a way of improving human rights across the country.

The hon. Lady asked how we propose to deal with the question of human rights in the context of the forthcoming state visit. We are keen to help Mexico to strengthen its capacity to uphold its human rights obligations—it is party to all those international conventions that proscribe torture and other abuses of human rights—as well as to tackle its security challenges. We see the state visit as an opportunity to strengthen our bilateral relationship. That, in turn, will allow for continued full and frank conversations, including about human rights.

[Jeremy Corbyn]

I thank the Minister for giving way; I know he has only a couple of minutes left. During the discussions, will he raise the impunity of the armed forces in relation to the decision taken by the Inter-American Court of Human Rights on one of the cases there and whether the belief is that the new law in Mexico meets the requirements of that court?

[Mr Lidington]

I will make sure that that idea is drawn to the attention of both the Minister of State, my right hon. Friend the Member for East Devon, and the Foreign Secretary.

The war on drugs featured as a case study in last year’s FCO human rights report, and the issue of Mexico and impunity will feature in this year’s report.

During 2013-14, our embassy in Mexico City helped to fund an initiative called Citizens in Support of Human Rights—or CADHAC, to use the Spanish acronym—to support efforts to strengthen criminal prosecution and judicial processes in the northern state of Nuevo Leon, where the majority of enforced disappearances are alleged to have happened. We believe that as a result of that project, the legal framework to address enforced disappearances has been strengthened and access to justice improved, but we are continuing efforts to build and strengthen links with human rights organisations in Mexico and to secure funding for similar grass-roots projects now and for the future.

In the coming months, we will be supporting a project to strengthen the judicial system in the state of Chiapas, and in the future we particularly hope to support charities and NGOs working to tackle enforced disappearances. We believe that regular constructive dialogue with Mexico will bring the best results for human rights defenders and victims of human rights abuses and violations.

The UK enjoys a strong bilateral relationship with Mexico that allows for full and frank conversation. We have well established co-operation on such matters as climate change, transparency, non-proliferation and international development. The 2015 year of the UK and Mexico and the state visit of President Pena Nieto in early March will provide further scope for such constructive engagement. One of the messages that we raise in our discussions with Mexican Ministers and officials is that greater respect for human rights and the rule of law and improved security will lead to a better environment for business and investment. The two should not be seen as in any way in opposition. Respect for the rule of law gives confidence to business in terms of trade and investment commitments in the future.

It is right that the international community, including the United Kingdom, should respond vigorously to allegations of human rights violations in Iguala and elsewhere. We recognise the human rights challenges that Mexico faces, and through constructive dialogue as part of a positive, bilateral relationship, we stand ready to support the Mexican Government in their efforts to deliver on their international human rights commitments and ensure that those responsible for human rights abuses are brought to justice and held accountable.

[Jeremy Corbyn]

I want to make one last point to the Minister. Will he assure the House that the embassy will be fully staffed in Mexico City—I pay tribute to the staff there; I have met them many times and they are always extremely helpful—to ensure that there is a good, strong and effective human rights and legal affairs team there that can take part both in European monitoring as well as UN monitoring of what is going on in Mexico? We all need to take part to improve the human rights and life chances of many people in Mexico.

[Mr Lidington]

Our ambassador and his team see human rights as a very important part of their responsibilities, but again I shall make sure that that strong message from the House this afternoon is conveyed both to him and to the officials to whom he reports.

Consular Assistance : Murder And Manslaughter

David Lidington Excerpts

Thursday 22nd January 2015 Written Statements

[The Minister for Europe (Mr David Lidington)]

The Foreign and Commonwealth Office provides consular support to bereaved families and friends in approximately 70 cases of murder and manslaughter annually. It is essential that the support provided by my officials at this most tragic and difficult of times is as good as it can be and for that reason my hon. Friend the Member for Boston and Skegness (Mark Simmonds) then a Foreign Office Minister announced that there would be a review of consular policy in this area, Official Report, 27 January 2014; Vol. 574,c 20WS.

That review is now complete and I am today placing a copy in the Library of the House. The review sets out our commitments to improving the service we provide. This will include setting up a new and specialist Access to Justice unit within our consular directorate, focused on these cases, as well as a renewed focus on consistency and clearer communication.

The review was based on feedback from bereaved families and friends and those who work to support them, including parliamentarians, the Foreign and Commonwealth Office’s partners and its own consular staff. It is important to note that many people praised the service provided by caseworkers in London and teams at our overseas posts, in particular the high level of empathy that consular staff had shown. The Foreign Affairs committee also concluded in November last year that the Foreign and Commonwealth Office “should rightly be proud” of the work of consular staff.

Nonetheless, there are areas where we can make improvements and new ways in which we can provide support and these are identified in this review. I will be taking a close interest in its implementation and in the work of the new unit and I have given instructions that there should be an update on progress by June 2015. I hope that through this work those sadly affected by murder and manslaughter overseas will receive the consistently excellent support that they need and that consular staff aim to provide.

The review document can be viewed at: http://www.parliament.uk/writtenstatements

[HCWS218]

Foreign and Commonwealth Office: Public Records

David Lidington Excerpts

Wednesday 21st January 2015 Written Statements

[The Minister for Europe (Mr David Lidington)]

In line with the Lord Chancellor’s code of practice on the management of records, the FCO maintains an inventory of its record holdings and carries out regular file audits.

In my statement of 30 November 2012, Official Report, column 36WS, I informed the House of the existence of a large accumulation of legacy records in the FCO known as the “special collections”. On 12 December 2013, Official Report, column 55WS, I explained that the FCO had published a detailed inventory of its archive records on gov.uk. This inventory arose out of a file audit carried out in 2013 which focused principally on the main FCO archive. All of these record series have been incorporated into the FCO’s records release programme. Details are available at: www.gov.uk/archive-records

As a result of an internal management audit, we became aware in July last year that a substantial number of legacy paper files are held outside the main FCO archive. I therefore asked FCO officials to carry out a further file audit across the entire FCO estate covering all departments in the UK and all overseas posts. During this file audit, all identified file stores in the UK were physically inspected by a specialist contract team and every overseas post provided summary details of their legacy paper file holdings. The audit was carried out over September and October last year.

Following this file audit we have identified a number of collections of records across the FCO which contain files overdue for review under the Public Records Act. The total number of files in these record series is just under 170,000. Unlike records held in the main FCO archive, a significant proportion of these files contain copies of original records or routine management, finance, personnel and consular records. Some files, however, are likely to require permanent preservation. We have reported our findings to the Lord Chancellor’s Advisory Council on National Records and Archives and we have also provided full details to Professor Tony Badger, the independent reviewer appointed by the former Foreign Secretary, my right hon. Friend the Member for Richmond (Yorks) (Mr Hague).

The Lord Chancellor has granted the FCO one year’s legal retention for these files while we develop a prioritised plan for their review under the Public Records Act. We will submit this plan to the Lord Chancellor’s advisory council by February. We will ensure that files requiring permanent preservation are correctly prioritised for release and incorporated into our current release programme.

By the end of March, we will publish on gov.uk a new version of the FCO archive inventory incorporating all of the files series identified during this file audit. We will also publish a revised record release plan.

I am pleased to inform Parliament that the first record series from the FCO’s special collections, consisting of 445 colonial reports, were released at The National Archives on 23 December.

The FCO is committed to complying with the Public Records Act and to full transparency with respect to our record holdings.

[HCWS213]

Oral Answers to Questions

David Lidington Excerpts

Tuesday 20th January 2015 Commons Chamber

[Mr Laurence Robertson (Tewkesbury) (Con)]

1. What his policy is on Turkey’s accession to the EU.

[The Minister for Europe (Mr David Lidington)]

We remain strong supporters of Turkey’s EU accession process. We believe that Turkish accession would be in the national interest of the UK and would contribute to the security and prosperity of the British people. But like any other new member Turkey would have to meet the tough and demanding conditions for entry before she could join.

[Mr Robertson]

If Turkey or any other country were to come into the European Union, how will the Government prevent large-scale migration to this country from those countries under the current rules of the single market?

[Mr Lidington]

As the Prime Minister has already said publicly, we believe that future arrangements for freedom of movement from new member countries cannot take place on the same basis as has happened with transitional arrangements in the past. The Commission, in its annual report on enlargement, acknowledged that these matters did need to be considered and we would insist that these changes be made before any new member state is admitted to full membership.

[Ann Clwyd (Cynon Valley) (Lab)]

I would very much like to see Turkey joining the EU, but the repression and imprisonment of journalists and the clampdown on the press continues every day in Turkey. What representations are we making to the Turkish Government?

[Mr Lidington]

We regularly raise human rights concerns, including freedom of the media, with Turkish officials, and Ministers and will continue to do so. I believe that the EU accession process provides the best mechanism through which to press and encourage Turkey to move further in the right direction.

[Sir Richard Ottaway (Croydon South) (Con)]

On the last point, is the Minister aware that Turkey has had more cases referred to the European Court of Human Rights than Putin’s Russia? Also, if Turkey wishes to be taken seriously, it must become a more reliable ally. Will he press Turkey to make its bases available to coalition aircraft and to control its border with Syria much more tightly than it is at the moment?

[Mr Lidington]

I acknowledge Turkey’s commitment to the international coalition against ISIL and the tremendous burden that Turkey has shouldered in looking after roughly 1.5 million refugees from Iraq and Syria. But we do continue to talk at the top level to the Turkish Government about how to improve that alliance further to secure more effective action against ISIL.

[Mr David Nuttall (Bury North) (Con)]

If the UK is still a member of the EU at the time of any future accession by Turkey, does my right hon. Friend think that it would be appropriate for the British people to be asked in a referendum whether they think Turkey should be allowed to join the EU?

[Mr Lidington]

It will be up to this House to decide whether or not to approve a Turkish accession treaty. Of course it will be open to Parliament, if it wanted to do so, to make that subject to a referendum but, in the past, all new accessions to the EU have been dealt with in this country by parliamentary process. The coalition has strengthened that to make sure that there must be an Act of Parliament before any new accessions take place.

[Sheila Gilmore (Edinburgh East) (Lab)]

2. If he will discuss with the Secretary of State for Business, Innovation and Skills the imposition of further restrictions on the sale of arms to countries his Department has identified as having a record of disregarding human rights; and if he will make a statement.

--- Later in debate ---

[Maria Miller (Basingstoke) (Con)]

5. What steps the Government are taking to promote human rights in Belarus.

[The Minister for Europe (Mr David Lidington)]

We make our concerns known through regular meetings between the British embassy in Minsk and the Belarusian Ministry of Foreign Affairs and through representations by our senior officials in London to the Belarusian ambassador based here.

[Maria Miller]

I thank the Minister for that reply. There are likely to be Belarus presidential elections this year. Last time, such elections led to candidates being arrested, beaten up and even imprisoned. On this day, which is, after all, the birthday of our Parliament, what encouragement can he give to those who want to see free and fair elections in Belarus, which is such an important part of Europe?

[Mr Lidington]

We will continue to speak up publicly as a Government and through the European Union and other international organisations of which we are a member to draw attention to the continuing abuse of human rights within Belarus, to urge the Belarusian authorities to take the path towards European and democratic values of pluralism and the rule of law, and to speak up for individual Belarusian human rights defenders—men such as Mikola Statkevich, still in prison in Belarus today—and demand that those prisoners be not only released but fully rehabilitated.

[Wayne David (Caerphilly) (Lab)]

If Britain were to leave the European convention on human rights, what sort of message would that send to human rights supporters in Belarus?

[Mr Lidington]

Of course, Belarus is not party to the European convention on human rights and is not subject to the rulings of the European Court of Human Rights. Whether we are looking at the European convention on human rights or the international covenant on civil and political rights, it is important to continue to urge the Belarusian authorities to end their flagrant abuse of normal human rights and democratic standards. That is something on which I hope the whole House will be united.

[Tim Farron (Westmorland and Lonsdale) (LD)]

On that point, given that Belarus is the only one of 48 European states not to be under the aegis of the European Court of Human Rights, will the Minister make it clear that he disagrees with those of his colleagues who think we should join that elite grouping?

[Mr Lidington]

As the Prime Minister has made clear, we want to see reforms to the way in which human rights are dealt with in this country. We have a very long tradition of respecting human rights—one that is embodied in our parliamentary procedures and in our legal arrangements—and we want to make sure that it is the United Kingdom courts who stand up for human rights and that it is ultimately their judgments that interpret how human rights standards are applied here.

[Mr Philip Hollobone (Kettering) (Con)]

7. What assessment he has made of the extent to which the Turkish Government provide support to Hamas in its conflict with Israel.

--- Later in debate ---

[Neil Carmichael (Stroud) (Con)]

8. What recent discussions he has had with his EU and US counterparts on progress in negotiations on the proposed Transatlantic Trade and Investment Partnership.

[The Minister for Europe (Mr David Lidington)]

My right hon. Friend the Prime Minister discussed TTIP this month with both Chancellor Merkel and President Obama. My right hon. Friend the Foreign Secretary and I regularly raise the subject of TTIP, and the benefits that it would bring to businesses and consumers, in our conversations with both European and United States colleagues.

[Neil Carmichael]

Given that misinformation verging on conspiracy theory is emerging from various quarters about the impact of TTIP, what more can the Minister and his colleagues do to promote and highlight the economic and trade advantages that a successful agreement would bring to this country?

[Mr Lidington]

Ministers continue to speak up for the benefits of TTIP, with my noble Friend Lord Livingston in the vanguard on this matter. A successful TTIP deal would benefit the average British family by about £400 a year by delivering a greater choice of products at lower prices, and would give our small businesses much better access to the 300 million consumers in the United States.

[Jenny Chapman (Darlington) (Lab)]

9. What assessment he has made of the potential effect of the Sri Lankan presidential election result on democracy and human rights in that country.

--- Later in debate ---

[Jason McCartney]

I celebrated Christmas with Huddersfield’s Ukrainian community only a fortnight ago. They are concerned about the situation in Ukraine. What support and communications can the Foreign Office offer my constituents, who are worried about family and friends in Ukraine?

[The Minister for Europe (Mr David Lidington)]

We will continue to speak up strongly and in public to defend the sovereignty and territorial integrity of Ukraine. We will work bilaterally and through the European Union and the international financial institutions to provide Ukraine with the financing and technical support that it needs to carry through an ambitious programme of political and economic reform.

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

I have written to the Foreign Secretary raising the case of Saudi blogger Raif Badawi, who has been sentenced to 10 years in prison and 1,000 lashes for the content of his blog. I am still awaiting a reply. Earlier, the Foreign Secretary mentioned the importance of effective channels of communication to the Saudis. Does that include him? Would he tell the House whether he has raised this matter directly with the Saudi Government?

--- Later in debate ---

[Philip Davies (Shipley) (Con)]

T5. The Minister reaffirmed earlier that the Government are in favour of Turkey joining the EU. Have they estimated the additional financial cost to the UK of Turkey joining the EU, and the additional immigration to the UK resulting from Turkey joining the EU, beyond any transitional arrangements; or do they support Turkey’s membership of the EU at any long-term cost to the UK?

[Mr Lidington]

The answer to my hon. Friend’s last point is no, we support Turkish accession to the EU because we believe that would be in the interests of the United Kingdom. We have made it clear that the arrangements for transitional controls on freedom of movement would have to be radically reformed before we could agree to new countries becoming full EU members. The question about cost would have to be settled in negotiations. Of course, it would depend very much on the prosperity not only of Turkey but of existing EU member states at the time when Turkish accession seemed likely to be on the cards.

[Debbie Abrahams (Oldham East and Saddleworth) (Lab)]

Tensions on either side of the Jammu-Kashmir line of control have escalated in recent weeks, and human rights violations have been consistently reported that are of global concern. I appreciate that a lasting resolution will be down to India and Pakistan. However, given Prime Minister Modi’s visit to the UK next month, will the Minister be discussing this with him, and what, specifically, will he ask?

--- Later in debate ---

[Ms Margaret Ritchie (South Down) (SDLP)]

Further to the question about the persecution of Christians in Africa and in other countries overseas, what discussions have taken place within the G8 and the European Union to lessen the threat to religious freedom?

[Mr Lidington]

The EU strategic guidelines on freedom of religion very much reflect the ideas that the United Kingdom Government put forward. Of course, it was during our chairmanship of the then G8 that there was an international initiative through the G8 to try to give greater focus to human rights. Human rights and the freedom of people to practise their religion as they choose are absolutely at the heart of everything we do in foreign policy, whether bilaterally or through the various multilateral institutions.

[Henry Smith (Crawley) (Con)]

T8. I congratulate the Government on initiating the resettlement feasibility study of the Chagos islands, which is due to report imminently. May I seek an assurance that that issue will be debated when the findings of the report are known?

[Graham Jones (Hyndburn) (Lab)]

With some 50 murderous, marauding militia operating in eastern Democratic Republic of Congo and some 5 million dead during the conflict, what assessment have the Government made of the role of MONUSCO in bringing that violence to an end?

[Mr Lidington]

We strongly support the role that MONUSCO is playing, but we continue to work with European and international colleagues to see whether improvements need to be made. Ultimately, that will depend in large part on getting the co-operation of the neighbouring countries to work towards peace in the great lakes region.

[Rehman Chishti (Gillingham and Rainham) (Con)]

T10. On Yemen, taking into account that the Houthis are now in effective control of the country, where does the future of the Friends of Yemen group lie?

Foreign Affairs Council

David Lidington Excerpts

Thursday 15th January 2015 Written Statements

[The Minister for Europe (Mr David Lidington)]

My right hon. Friend the Secretary of State for Foreign and Commonwealth Affairs will attend the Foreign Affairs Council on 19 January. The Foreign Affairs Council will be chaired by the High Representative of the European Union for Foreign Affairs and Security Policy, Federica Mogherini. The meeting will be held in Brussels.

Russia

This discussion will focus on the EU’s relationship with Russia, which has deteriorated rapidly following Russia’s illegal actions in Ukraine. The UK will argue that the EU must continue to lead the way in holding Russia to account for its actions. There must be full implementation of the Minsk agreements before any reduction of sanctions measures against Russia. Any new relationship with Russia must recognise that Russia can no longer be considered a strategic partner to the EU and that business must be conducted with full implementation of national and EU law.

Climate change

The high representative will update Ministers on the UN climate negotiations. Ministers will discuss the aims for co-ordinated EU climate diplomacy activity in 2015 ahead of negotiations to agree a global deal on climate change at the conference of the parties to the UN framework convention on climate change in December. The UK will stress that climate change, with the risks it presents to international prosperity and security, must remain a foreign policy priority for the EU and that the EU needs to demonstrate leadership in the pursuit of an ambitious global climate deal in 2015.

Libya

Discussions on Libya will focus on the deteriorating security situation. The Secretary-General of the Arab League, Nabil Elaraby, may join Ministers for part of this discussion. The UK remains deeply concerned by increasing violence and political polarisation in Libya and its impact on the wider region. The UK’s priority will be to ensure the continued support of member states for the efforts of the Special Representative of the UN Secretary-General for Libya, Bernardino Leon, to resolve the political crisis and pave the way for peaceful political dialogue.

[HCWS194]

Gibraltar

David Lidington Excerpts

Thursday 8th January 2015 Commons Chamber

[The Minister for Europe (Mr David Lidington)]

I thank my right hon. Friend the Member for Croydon South (Sir Richard Ottaway) and the hon. Member for Ilford South (Mike Gapes) for securing this opportunity to debate Gibraltar this afternoon. Before I proceed with my speech, I should like to observe that it seems odd for us to be debating Gibraltar without the presence of the late Jim Dobbin. My hon. Friend the Member for Filton and Bradley Stoke (Jack Lopresti) rightly paid tribute to Jim, who was chairman of the all-party parliamentary group on Gibraltar until his death last year. He was a great supporter of Gibraltar and its people, and he is greatly missed by his friends and colleagues on both sides of the House.

I want to set out the Government’s policy towards Spain on Gibraltar, the developments that have taken place and the progress that has been made since the Select Committee’s report and the Government’s response were produced last year. I shall start by making it clear that the entire Government will continue to be steadfast in our support for Gibraltar and for the sovereignty of the United Kingdom in Gibraltar. The United Kingdom has given a firm commitment that we will never enter into arrangements under which the people of Gibraltar would pass under the sovereignty of another state against their wishes. Furthermore, we have given an assurance that we would not even enter into a process of sovereignty negotiations with which Gibraltar was not content. The wishes of the people of Gibraltar to remain British must be respected, as my hon. Friend the Member for Gainsborough (Sir Edward Leigh) and others have pointed out. This is a matter of self-determination; at root, it is a matter of democracy at work, and that democratic will must be respected.

As the hon. Member for Ilford South said, there are important common interests between the United Kingdom and the kingdom of Spain. There are strategically significant issues on which we need to work together, ranging from working against terrorism and against the trafficking of narcotics and people to negotiations on international trade, which would enable the peoples of both countries to prosper, as well as on climate change and on innovative technology. It is striking, for example, that the United Kingdom and Spain have been on the same side in European Union discussions on genetically modified technology. That makes it even more a matter of regret that the short-sighted and, frankly, outmoded and anti-democratic attitude that the Spanish Government are taking towards Gibraltar has prevented that bilateral UK-Spain relationship from developing to the extent, or with the warmth, that we would have preferred.

We must be clear that our primary responsibility in respect of Gibraltar is to uphold the security of the territory and defend its international interests. I take that responsibility seriously, as does every Minister in this Government, but when considering what action to take, we must decide what action is most likely to deliver positive results. As my hon. Friend the Member for Hornchurch and Upminster (Dame Angela Watkinson) said, we are right to be firm in the defence of British sovereignty and the interests of the people of Gibraltar, but we must seek to do so in a way that does not end up inadvertently making their position worse. The mere facts of geography do put Spain in a position to exercise pressure, particularly at the borders.

As part of that work, the Government have sought, under successive Governments in the territory, to work increasingly closely with Her Majesty’s Government of Gibraltar. It is fair to say that this Chief Minister and his predecessor always continue to be firm in standing up for the interests of Gibraltar, but it is also accurate to say that there is a closer relationship now. There is a better habit of working together between the two Governments and of respecting the rules of the 2006 constitution than there has been for many years.

Let me move on to deal with some issues that have been at the centre of today’s debate, starting with EU legislation on aviation. Our starting point is that Gibraltar is, in respect of aviation laws, a part of the European Union. The treaties of the European Union apply to the territory of Gibraltar, except where certain parts are expressly disapplied. Article 355 of the treaty on the functioning of the European Union states clearly, in paragraph 3:

“The provisions of the Treaties shall apply to the European territories for whose external relations a Member State is responsible.”

Therefore, in respect of aviation and other important political questions, Gibraltar falls within the European Union. We are therefore more than disappointed—we are angry—that Spain is seeking to secure the suspension of Gibraltar from EU aviation dossiers. We have been very clear with the Commission and with other member state Governments throughout that such attempts by Spain to secure Gibraltar’s suspension are completely unacceptable, and would be illegal and, in our view, a breach of the European Union treaties.

The irony of all this is that several EU legislative measures now in draft would be of particular value to not only the UK aviation industry, but Europe’s aviation industry more generally. The British Air Transport Association estimates that the failure to make progress with draft legislation on air passenger rights is likely to cost British airlines up to £50 million a year—a figure that will be translated into higher air fares for passengers. The European Commission estimates that the single European sky initiative overall may provide up to €5 billion in greater efficiencies for the European aviation sector. Yet legislation in both policy areas—legislation that would bring practical benefits to citizens throughout Europe—is being stalled by Spain’s insistence on seeking to exclude Gibraltar from its application.

Let me deal with the debate at the Transport Council last year and what has happened since. Gibraltar continues to be included in existing single European sky II legislation, as required under the treaties. The Council has not reached full agreement on the replacement SES II measure, and therefore has no coherent position with which to take this issue to trilogue with the European Parliament. Following the Transport Council, which has been mentioned several times in this debate, the Government have engaged at a senior level with both the Italian and now the Latvian presidencies of the European Union and with the European Commission.

We have secured a clear assurance that this legislation will not be taken forward in a form that is unacceptable to us. I was asked whether, in the event of a measure being passed by qualified majority voting that excluded Gibraltar, we would take legal action. I prefer not to speculate too far on legal action in hypothetical circumstances because our objective is that treaties should be respected, and we believe that the Commission, with a duty to uphold the treaties, and other member state Governments who also have such an interest would support us in such an objective. I think that I have made it clear that we would regard the exclusion of Gibraltar as a breach of the article that I mentioned earlier in my remarks.

On unlawful incursions, we have continued to uphold British sovereignty over British Gibraltan territorial waters with the very professional work of the Royal Navy in Gibraltar to challenge incursions as they happen and by issuing swift diplomatic protests. Where incursions have been particularly serious, such as attempts to exercise jurisdiction in British Gibraltan waters by Spanish survey vessels, we have continued to take particularly strong diplomatic and political action. As was said earlier in the debate, the number of times we have summoned the Spanish ambassador is unprecedented for an EU NATO partner. The latest statistics I saw said that we had summoned the Spanish ambassador now more than the ambassador of any other country bar Assad’s Syria.

[Sir Gerald Howarth]

I am sure that we are all mightily impressed that the Spanish ambassador has been summoned to be reprimanded by my right hon. Friend, but what notice does Spain take? What is the result of his protests? What impact do they have?

[Mr Lidington]

After one summons in respect of an incursion by a survey vessel, that survey vessel’s time in Gibraltar waters was curtailed and the immediate crisis was ended. The various strong actions that we took—the Spanish Government know that a public summons is a very exceptional action for the UK Government to take—did contribute to making that difference. At that time, there were also direct political representations at ministerial and top official level to Madrid. It is not the case that a summons to an ambassador or a protest by note verbale are necessarily the only actions that we take. Such actions are often accompanied by political representations on the appropriate senior channels.

The number of unlawful incursions dropped from 496 in 2013 to 387 last year—about a 22% reduction—but that still leaves us with an unacceptably high number of incursions. We will continue to make it clear to Spain that, as an EU partner and a NATO ally, the escalation of tensions is bound to impose a cost on the bilateral relationship. The normal practice is that Spanish state vessels are challenged by the Royal Navy, and we follow that up with diplomatic and political protests. It is important to make it clear that, although incursions are a violation of sovereignty, they do not threaten or weaken sovereignty in the sense of undermining the strength of our legal case for sovereignty over those waters. That is what made the survey vessel incursions particularly serious. By purporting to exercise jurisdiction by going about survey work in British Gibraltan territorial waters, those survey vessels were acting in a way which, if unchallenged, could be interpreted as our acknowledging a loss or a diminution of our sovereignty over those waters. That accounts for the difference of the calibration of our response to those incursions compared with some of the others by, for example, Guardia Civil vessels.

I was asked about our assessment of naval resources. The Government’s assessment is that the assets, structure and procedures of the Royal Navy Gibraltar Squadron are commensurate with its tasking, including challenging unlawful maritime incursions within British Gibraltan territorial waters. We regularly assess the naval mission and the assets and people required to deliver it to ensure that its responsibilities can be carried out effectively, and I will certainly not rule out reinforcement of the naval mission or of other military assets in Gibraltar.

In making such a determination we would have to decide how such deployments would make a practical difference for good. For example, I was asked about arrests. The legal reality is that state vessels under international law have sovereign immunity from being boarded. That is a legal reality and a breach would have implications well beyond British Gibraltan issues and one would have to think through the possible consequences for British vessels in other circumstances and other parts of the world. When we discuss these questions in government and carry out these reviews, it is a question not just of which vessels and how many people are involved and so on but of which rules of engagement will apply if one dispatches additional reinforcements. We keep the matter under close watch and I have been having regular conversations with my right hon. Friend the Minister for the Armed Forces over recent months. The clear principle is that we will not budge in a resolute defence of British sovereignty over those waters.

We have been in close contact with the European Commission on border delays during the past few months and since the publication of the report and the Government’s response last year. At the request of the United Kingdom, the Commission sent a second border monitoring mission to Gibraltar on 2 July and subsequently wrote to both Gibraltar and Spain. The Commission has stated publicly that it has serious concerns about the lack of progress Spain has made in addressing its earlier recommendations and—critically, this has happened since the publication of the two reports—the Commission has said that checks that give rise to waits of several hours to cross the border are disproportionate. We are using the arguments about the freedom of movement of persons with the Commission, other member states and the Government of Spain. Spain has the right to impose such border checks as are proportionate and sufficient to provide safeguards against crime, smuggling and other illegal activities and it is a fact that not just we and the Gibraltan Government but the Commission, as guardian of that freedom of movement right under the treaties, is saying that those checks are disproportionate to the objectives laid down in European law. That is a significant step.

We continue to lobby the Commission on the need to ensure that Spain carries out its recommendations and to make it clear that we expect the Commission to take legal action should there be little movement.

My hon. Friend the Member for Cheltenham (Martin Horwood) asked about the possibility of a permanent monitoring force or unannounced inspections, as did the right hon. Member for Wolverhampton South East (Mr McFadden). I have already urged the Commission to carry out unannounced inspections and the Government of Gibraltar have made an offer to host a permanent monitoring mission if the new Commission is willing to undertake such an operation.

Spain has now begun construction work at the border area, saying that it is working to improve the system in line with the plans it has submitted to the European Commission, and we have started to see an overall downward trend in the delays, although the level of delays remains unacceptable. We continue to press the Commission to monitor the situation closely.

I do not rule out unilateral action by the United Kingdom under article 259 of the treaty on the functioning of the European Union. My caution about this option is that precedent shows that going to the European Court of Justice in such a way is not a swift process. My judgment for now is that we stand the better chance of securing the outcome we want for the people of Gibraltar if we work through pressure on the European Commission, using the arguments about enforcing European law, and seeing that Spain complies with it, than if we take unilateral action, which would put an end to the work in the European institutions to which we have committed ourselves to date.

[Sir Gerald Howarth]

My right hon. Friend is the embodiment of reasonableness—everything he has said about what his Department is doing is couched in terms of reasonableness and accordance with article this, that or the other—but people are fed up with the United Kingdom and our British overseas territory of Gibraltar being treated in a cavalier fashion by a NATO and European ally. We are looking for a bit of retaliation. To be perfectly candid, what he has done has had no effect. He said that we have reduced the number of incursions by 22%, but we need to send the Spanish defence attaché packing back to Madrid.

[Mr Lidington]

My hon. Friend may say that my manner belies this, but I can assure him that I am as fed up and frustrated as him or any of my hon. Friends about the way in which the Spanish Government have acted, but the Government collectively and I feel a grave responsibility to try to secure an outcome that will result in things getting better and not worse for the people of Gibraltar. That is guiding our judgments on precisely which actions we take.

I want to allow time for my right hon. Friend the Member for Croydon South to respond.

On the economy of Gibraltar and ad hoc talks, my right hon. Friend the Member for North Somerset (Dr Fox) pointed out that the economy of Gibraltar is flourishing despite all the problems thrown at it by Spain, with growth at about 10.3% per annum. In the Chief Minister’s budget speech last November, he said that those

“numbers will rank Gibraltar as one of the fastest growing economies in the world.”

In the past decade, Gibraltar has modernised and diversified its economy, and attracted new inward investment. It is an example to be admired. We need to be clear that, regardless of the extreme provocation that the Spanish tactics represent, they are not working—they are not stopping Gibraltar continue to grow and prosper. Gibraltar is thriving. I applaud the success and commitment that the Government and the people of Gibraltar have shown in defying the difficult circumstances that surround them.

The truth is that Andalucia, the poorest part of Spain, benefits hugely from the prosperity of Gibraltar, not only through the employment of thousands of Spanish citizens who travel to work in Gibraltar every day of the week, but through the spending power of Gibraltans in the Campo and southern Spain more widely. As my hon. Friend the Member for Gainsborough has said, that mutually beneficial economic relationship could be even stronger were Spain to see sense, open the border, and encourage cross-border links and mutual prosperity. That would benefit the people of the Rock and the people of Andalucia. I question why, at a time when about half of young people in Spain are tragically out of work, the Government of Spain resist the opportunity, even in that relatively small way, to enhance growth, prosperity and job creation in one of the most impoverished parts of their country.

[Dr Fox]

There is another way in which the prosperity of Gibraltar could be further enhanced, and that is if our NATO allies were to use the naval facilities in Gibraltar to an even greater extent. As I pointed out, the United States is one of the few allies that does this, largely because if any other ally even thinks about it inside NATO it comes under huge pressure from Spain, even intimidation and threats. Will my right hon. Friend take this opportunity to tell our NATO allies that they would be extremely welcome to use the naval facilities in Gibraltar, which would provide not only the alliance with something of a boost, but potentially employment and prosperity as well?

[Mr Lidington]

I am very happy to do so. Ships from any of our NATO allies would, I know, be more than welcome to call in to Gibraltar. When I went out with the Royal Navy Gibraltar Squadron during my last visit to the Rock, they pointed out to me with pride that they thought there was space in the docks in Gibraltar for one of the new aircraft carriers to moor when she is launched and able to visit that part of the world.

It remains our aim, and that of the Government of Gibraltar, to return to the trilateral forum—the dialogue between the UK, Spain and Gibraltar—which, as the right hon. Member for Wolverhampton South East said, did enable practical, mutually beneficial discussions between the three parties and helped to enhance trust between Administrations where there had been a lot of mistrust for historical reasons that we all understand. I deeply regret the fact that the Spanish Government have withdrawn formally from the trilateral process.

Despite that, we are working in the meantime on ad hoc talks that would be held at official level as a way of making progress on issues of mutual interest. The Spanish authorities have been involved in those conversations with us. We have at times been hopeful that the talks were about to come to fruition. So far we have not been able to strike that final agreement about the modalities of the talks. I hope that they can take place as soon as possible, because there are important practical questions to do with co-operation against smuggling and co-operation on issues to do with pollution, where I have seen complaints both from Gibraltar about Spain and Spain about Gibraltar. We need the two Governments to sit down and talk to each other, and it is important that the talks include all relevant parties, including the Government of Gibraltar and the Government of Spain.

The Government believe that there can be no compromise on the right of the people of Gibraltar to remain British for as long as they choose so to do. There can be no return to the bilateral discussions between the United Kingdom and Spain over sovereignty that characterised some of the talks in the past. Nor can there be any return to the idea of joint sovereignty, which was entertained by the previous Government in 2001 and 2002. The Government are determined to work to uphold and defend the interests of the people of Gibraltar, their right to live in freedom and prosperity, and it is that principle that will guide every aspect of our policy.