Russian Membership of the Council of Europe

Debate between David Lidington and Mike Hancock

Wednesday 11th March 2015 Westminster Hall

[Mr Lidington]

The hon. Gentleman puts the point well, and one could add other items to that list.

We face not only a crisis over Ukraine, but an issue of principle. After the break-up of the Soviet Union, the international community, including the Russian Federation, recognised the republics that then became independent states as sovereign and entitled to determine their own future. The question now is whether we believe that that is an important principle that should be upheld for both legal and political reasons, or that Russia is justified in trying to exert some kind of informal imperium over those countries that used to be part of the Soviet Union.

[Mr Mike Hancock]

Will the Minister give way?

[Mr Lidington]

I am afraid I will not. I have just over five minutes left and want to respond to the points made in the debate.

Today, we mark the 25th anniversary of Lithuania’s recovery of its independence after half a century of occupation. We would be foolish if we thought that simply acquiescing in a breach of the principles of the sovereignty and territorial integrity of states would have consequences that could be confined even to Europe. Countries throughout the world are watching the crisis in Ukraine and drawing conclusions about how the international community might or might not react in other circumstances.

We welcome the Minsk implementation plan for Ukraine. It is not perfect, but it is the best hope we have of turning a fragile and incomplete ceasefire into an effective truce and then, I hope, into a peacemaking process. I am advised that the latest situation is that the ceasefire has led to significant reductions in fighting, but there are still localised outbreaks of violence, especially around hot spots such as Donetsk airport and Debaltseve. Heavy weapons withdrawal has begun on both sides. On Monday, President Poroshenko said that Ukraine has withdrawn the lion’s share of its rocket and heavy artillery systems and that the Russian-backed fighters have also withdrawn a significant amount.

On verification, the Organisation for Security and Co-operation in Europe is still not being granted full and unhindered access to the crisis zone. It seems to me that letting OSCE monitors through to see what is going on is a key test of Russia’s seriousness of purpose about whether it will try to turn the Minsk agreement into something meaningful on the ground.

As is clear from the debate, the issue is not only Ukraine. We must look at the full range of tools of international diplomacy to influence Russia’s behaviour and hold it to account for its actions. Organisations such as the Council of Europe offer opportunities for doing that. It is an organisation within which Russia itself has signed up to exacting standards in the field of human rights, the rule of law and democracy.

My hon. Friend the Member for Christchurch asked a straight question: do the Government think that Russia is in breach of article 3? During the debate, I reminded myself of the text of article 3; I am no lawyer, but my political judgment is that I would feel pretty hard-pressed to argue that Russia is currently compliant with it. Nevertheless, it is a separate political judgment to decide what, if anything, should be done after that. As my hon. Friend knows, the Government’s judgment is that, on balance, despite its actions, it is currently better to have Russia inside the Council of Europe, where it can be held to account, than either suspended or expelled.

The European Court of Human Rights is a crucial mechanism for the protection of human rights against the most egregious abuses. The cases of disappearances and other serious abuses in Chechnya are important examples of where the Court must focus its attention. The majority of human rights NGOs and defenders in Russia tell us that the Court is the only chance they have of receiving some form of redress, which is why they value Russia’s continued membership of the Council of Europe. My hon. Friend mentioned the plight of Nadiya Savchenko: the Government strongly support the Committee of Ministers’ call for her immediate release on humanitarian grounds.

The Council of Europe has an important role in supporting Ukraine, not least through the advice of the Venice Commission on constitutional reform issues. I agree that we should not allow Russia free passes; it should be held to account. Depending on what Russia does in practice, I do not rule out the need to review and reconsider the Government’s current position. We do see a sharply deteriorating situation in Russia in respect of human rights, the rule of law and democracy.

We will continue to work in the Council of Europe, the UN, the OSCE and other international organisations to uphold our rules and values, and we will strive to bind Russia more closely to them. However, we should not do that at any cost. If Russia continues to flout those rules and undermine our values, that will bring further isolation, economic damage and hardship for the Russian people themselves. I very much hope that Russia will not choose that path. It is in her own long-term interests to embed the high standards in the fields of human rights, democracy and the rule of law to which the Russian Government have committed themselves through their membership of the Council of Europe.

Council of Europe (UK Chairmanship)

Debate between David Lidington and Mike Hancock

Thursday 27th October 2011 Commons Chamber

[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.