Antarctic Bill
Gavin Williamson Excerpts(12 years, 1 month ago)
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Neil Carmichael
That is probably the best intervention I have ever taken, because it underlines the fact that I would really like to visit the Antarctic and support from hon. Friends for doing that is simply fantastic.
Gavin Williamson (South Staffordshire) (Con)
Does my hon. Friend feel that he might need to lead quite a large delegation on such a visit?
Neil Carmichael
I can see where this is going. I know that the Minister is making notes as to when the visit should take place. There may be the need for some of us to keep each other warm in an appropriate way.
Neil Carmichael
I am grateful to my hon. Friend for that intervention. I will certainly salute the flag, and I wish to thank him for his work as chairman of the all-party group on polar regions. We have worked very effectively together, and I am grateful to him for coming along to the debate. We will continue to work together because, as I have stressed, this is not just a matter of getting the Bill through Parliament, but a matter of what happens thereafter.
Let me speak about the details of the Bill, which I know hon. Members will have read with great interest. The two parts of the Bill, as I mentioned, build on treaty obligations, the need to maintain and where possible strengthen the British presence, and the good work that our scientists and explorers have done over two centuries. The first part deals with environmental emergencies, and enhances contingency planning for such emergencies. That is important because of the increasing pressure on the Antarctic. Part 1 raises the issue of liability and passes to operators and others the responsibility to make sure that they properly prepare for their activities.
The provisions for environmental emergencies cover the impact not of routine operations, but of accidents and unpredictable incidents that result in environmental damage—for example, ship groundings. There have been one or two shipping accidents. My hon. Friend the Member for Christchurch (Mr Chope) spoke about Argentina. The biggest single accident involved a ship from Argentina, which dispensed 600,000 litres of diesel, resulting in a huge $10 million bill for the clean-up. Appropriate contingency measures are important, and responsibility for accidents should be properly allocated. That is a useful point to make.
Part 1 also requires operators to secure adequate insurance, a point that has been discussed with my hon. Friend the Member for Richmond Park (Zac Goldsmith). It is important to underline the obligation for operators to be properly insured for whatever they intend to do in the Antarctic.
Gavin Williamson
Does my hon. Friend agree that proper insurance of operators is increasingly important, especially with 95% of all tourist visits to Antarctica coming through the British Antarctic Territory?
Neil Carmichael
My hon. Friend makes an exceptionally pertinent point. The provision is partly aimed at the increased tourist interest. Part 1 is essential for ensuring that the Antarctic is protected.
Part 2 takes some protection measures further. It implements and strengthens conservation of Antarctic fauna and flora, and the environmental protection of marine plants and invertebrates would also be strengthened. It protects and promotes the conservation of British historical sites and monuments, which is important in the centenary year of Robert Scott’s final expedition. We should recognise the significance of those monuments in the history that I outlined earlier, because they symbolise the British presence and should be protected appropriately.
The Bill goes on to implement annex 2 of the treaty negotiated about 10 years ago. It is right that we move in that direction and put into domestic law agreements and processes that have been negotiated.
The Bill recognises our treaty obligations and demonstrates that British presence is important to us and will always be part not just of our desire to protect the Antarctic, but of our foreign policy. I am particularly pleased about that, and happy that the Foreign Office has been so helpful in preparing the Bill and that a Foreign Office Minister will be responding to the debate. Issues of insurance will be pored over by organisations. Shipping lines, for example, will clearly be interested in the Bill and I would be happy to discuss with them the implications of the changes. If the Bill proceeds to Committee, as I sincerely hope it does, that is what I expect to happen.
In conclusion, I am committed to protecting the Antarctic, committed to the British presence in the Antarctic, and committed to highlighting the need to protect such an important continent in the wider context of the environment. I am delighted that the links between my constituency and the Antarctic could be strengthened by a visit by me to the Antarctic in due course. I hope the House will support the Bill and give it a Second Reading.
Oral Answers to Questions
Gavin Williamson Excerpts(12 years, 1 month ago)
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Mr Hague
The United States and Iran have both denied the prospects, let alone the existence, of such bilateral talks. The next step is for the E3 plus 3 nations, of which we are one, to consider what we can do in any further negotiations with Iran. Our experts are meeting on this. Of course, it is necessary for the US elections to be completed before any further round of negotiations can take place. We are open to those negotiations. We are considering whether to amend our approach in any way, but it remains the case that for them to be successful, Iran would have to engage with those negotiations in a much more meaningful way than before. In the absence of that, we have agreed intensified sanctions on Iran in the European Union, and I want Iran to know that as long as these negotiations are not successful, we will go on intensifying the sanctions pressure upon it.
Gavin Williamson (South Staffordshire) (Con)
T4. For over a decade the United Kingdom has supported Sierra Leone, both financially and through military involvement. Will my hon. Friend assure the House that he will do all he can to ensure that next month’s elections in Sierra Leone are free and fair?
The Parliamentary Under-Secretary of State for Foreign and Commonwealth Affairs (Mark Simmonds)
I am grateful to my hon. Friend for raising that important matter and can assure him that we are monitoring events carefully. For the edification of the House, the elections in Sierra Leone are on 17 November. All parties have completed their nomination procedures, political supporters have been active, there has been no serious trouble so far, thankfully, and the electoral institutions are making progress, but I acknowledge that there is more to do. The Department for International Development has a programme for the electoral cycle, from 2010 to 2014, and the high commission is engaged with the political leaders and, on election day, will provide a team of observers to ensure that the elections are free and fair.
European Union Bill
Gavin Williamson Excerpts(13 years, 10 months ago)
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Mr Lidington
If the hon. Gentleman will forgive me, given the time allowed, I must first try to do justice to the points raised in the debate.
What we are pressing for will mean member states taking more responsibility for management decisions, and working together regionally to agree appropriate measures. It will also mean giving member states the tools to apply conservation measures, and holding them to account for implementing these, regardless of which nations fish in their waters. A draft proposal for reform of the CFP is due to be published in May or June this year, but so far there is no indication, in any of the many discussions that have taken place on the subject, that the Commission will propose changes to the powers of member states in relation to nautical limits. I can assure my hon. Friends and the hon. Member for Great Grimsby that the Government would vigorously oppose any such move on the part of the Commission.
However, in respect of amendment 81, I should say to my hon. Friend the Member for Witham that, for better or worse, the European Union has had competence over fisheries matters for more than 30 years, so there is no transfer of competence from the UK to the EU involved here. Changes to the CFP are agreed by qualified majority voting and co-decision with the European Parliament. Amendment 81 could therefore result in a referendum being held on a decision that this country could not subsequently block.
Gavin Williamson (South Staffordshire) (Con)
Does my right hon. Friend feel that if amendment 81 were accepted and there were a vote, and if nothing could then be done as a result of such a referendum, it would undermine the confidence of the British people in a fantastic Bill?
Mr Lidington
My hon. Friend is absolutely right. It is therefore important that we focus the referendum lock on those decisions that are of real significance to the people we represent. I understand why my hon. Friend the Member for Witham has tabled amendment 81, which has provided us with a good opportunity to debate a subject about which she cares passionately, but it would not achieve the objective that she and other Members who want reform of the CFP are seeking.
Amendments 36, 37 and 38 would add any decision by the United Kingdom to vote in favour of, or otherwise support, measures brought forward under the justice and home affairs ratchet clauses contained in articles 81(3), 82(2)(d) and 83(1) of the TFEU to the list of measures subject to the safeguard requirements contained in clause 6 of the Bill. Amendment 40 would have a similar effect to amendment 36, but seeks to achieve it by adding article 81(3) to the list of treaty provisions in schedule 1. What those amendments seek is a referendum, rather than such provisions being made under the Bill.
My hon. Friend the Member for Hertsmere (Mr Clappison), speaking in support of the amendments tabled by my hon. Friend the Member for Daventry (Chris Heaton-Harris), broadened the debate into matters of justice and home affairs more generally. I hope that we will get the opportunity to debate those matters tomorrow, but I will respond briefly to the important points that he made. I know that his concerns are shared by many other Members.
On justice and home affairs opt-ins, we are talking about something that, like it or not, is a matter of existing European Union competence. However, where we have a choice, we cannot be compelled to take part in a particular measure. Furthermore—this affects how we deal with our systems for requiring scrutiny and accountability—where there is a three-month time limit, during which the United Kingdom has to decide whether to take part in the final negotiations on the shape of the legislative measure, that will impose a practical limit on what we can do while still keeping open the option on whether to join in.
I would say to my hon. Friend the Member for Hertsmere that the policy of the coalition is to consider on a case-by-case basis whether we should opt in to a measure or not, and to judge each decision on its merits. There will be occasions when it will be in the national interest of the United Kingdom for us to take part. I would use the example of passenger name records to illustrate that. The United Kingdom Government are pressing the Commission and other member states to introduce measures on that, because we, along with the Government of the United States and a number of European partners, believe that such a measure would help all European countries and the international community generally to strengthen our counter-terrorist policies and provide a means of giving greater assurance of safety to our citizens when they travel by air. So we need to look at these measures on a case-by-case basis.
On scrutiny, as I said in my written ministerial statement of last Thursday, we are proposing not to reduce or limit existing scrutiny powers but to add to them. The minimum that the Government would offer is a written ministerial statement on each decision and, for more important measures, an oral statement. When there was an especially strong parliamentary interest, the Government would commit to setting aside their time for a debate in both Houses on a motion supporting the Government’s approach. Such a motion would, of course, be amendable.
I believe that it would generally be right for such debates to be called when it was proposed to opt in to a measure that would have a substantial impact on this country’s civil or criminal law, on our national security or on our immigration policy. I can say to my hon. Friend the Member for Hertsmere that it is certainly our view that, under the policy that I announced last week, the European investigation order would indeed have been referred for a debate of that kind. As he knows, the Commons Scrutiny Committee had not been fully constituted when that decision had to be taken within the three-month time limit. I know that the Government were uneasy about the fact that the non-existence of the Committee meant that we could not go through the appropriate scrutiny procedures.
In sorting out the details of these matters and putting flesh on the policy that I outlined last week, there will be a need for the Government to talk to Parliament, and to the scrutiny Committees in particular, about exactly how we translate this policy into practical action. There will also be a need to deal with matters such as recess periods and periods of Dissolution. On the question of override, there will, I am afraid, occasionally be cases in which an early opt-in decision is required. There has been one such case this year, in which it was in our interests to opt in to the EU-US agreement on the terrorist finance tracking programme, and we had to do that before the completion of scrutiny. We do not ever take those decisions lightly, and we always seek to keep Parliament informed when the risk of an override exists. To that end, we need to establish how these new arrangements will be managed, especially during periods of recess.
I shall now respond in more detail to the points raised by my hon. Friend the Member for Daventry. In practical terms, although the UK could block any attempt to move article 81(3) to QMV using either treaty revision procedure, we could not block the result being achieved through the use of the specific ratchet clause in article 81(3). We would simply be ejected from the measure under article 3(2) of the area of freedom, security and justice protocol, and the other member states would continue without the UK. So, in the unlikely event of the UK seeking to use either revision procedure to move article 81(3) to QMV, we could veto that and block the treaty change, but all that would happen, assuming that other member states wanted to go ahead, is that the EU would use the ratchet clause to change the legislative procedure without UK participation. On that basis, it does not seem sensible to put a referendum lock on the use of either of the treaty revision procedures to move the article 81(3) legal base to QMV, because it would not have the desired effect of stopping a move to QMV for individual measures of family law.
Article 82(2)(d) enables the Council to add to the list of issues that can be made subject to EU legislation on criminal law procedures, and article 83(1) allows for additions to the list of criminal offences where the EU can set minimum standards. The exercise of those two articles is already foreseen; they are known entities. They add to what can be done within existing areas of EU competence, rather than creating new competences, and we expect them to be used in relatively obscure areas. For example, on the criminal side, there is a possibility that a proposal will be introduced to use the ratchet to add the crime of female genital mutilation to the list of serious crimes, where the EU can set minimum standards under article 83(1) of the treaty on the functioning of the European Union. We will have the choice whether to opt in or not, in line with Government policy. If we wished to opt in, each House would have to agree that it could do so within the three-month period and, before the UK could finally sign up to such a proposal, there would have to be an Act of Parliament. Should we decide not to opt into the negotiations but later decide to opt into the final decision, there would then need to be an Act of Parliament before we could do so. We believe that that is the correct level of control for such decisions, and a considerable increase on the present amount of control provided for under the European Union (Amendment) Act 2008, under which the Lisbon treaty was approved.
I turn now to enhanced co-operation. I might want to write to my hon. Friend the Member for Hertsmere at greater length on this, given the limited time available to me now. I can tell him, however, that we have provided that, if the UK is participating in an area of enhanced co-operation that touches on one or more of the treaty provisions listed in schedule 1 and there is a proposal to use the ratchet to allow a move from unanimity to QMV, an Act of Parliament would need to be passed and the proposed move supported in a referendum before the UK could agree to that proposal.
My hon. Friend’s amendment 13 would mean that, if the UK wanted to join in legislation agreed under an enhanced co-operation arrangement after that legislation had already been agreed by others, a referendum would be required if the smaller group had already decided to move to QMV on an article listed in schedule 1. The reason for the different approach that we are proposing in those circumstances is that the UK would be deciding whether to participate in enhanced co-operation on a specific piece of legislation, rather than on a whole area of policy, and we would be taking that decision in the full knowledge of what had already been agreed. We would be deciding freely whether to take part—we could not be forced to take part—and we would take that decision in the knowledge that any future negotiation to amend that legislation would also have to be done on the basis of QMV.
That is different from taking a decision to move to QMV in the middle of a negotiation on a piece of legislation being agreed under enhanced co-operation to which we were already committed to taking part. That could lead to us being outvoted on the final piece of legislation, having gone into the process under different circumstances altogether. Any such decision, I say to my hon. Friend the Member for Hertsmere, would be subject to parliamentary scrutiny in the customary way. I am certainly prepared, in the context of the broader reform of scrutiny that I announced last week, to look at the particular point that he raised.
The official Opposition’s amendment 100 is simply unnecessary. The policy on the patent is already subject to qualified majority voting, apart from two areas that are subject to unanimity. We propose that those should require an Act of Parliament, not a referendum.
To my hon. Friend the Member for Stone (Mr Cash), I say that we are not happy with the position on the European financial stability mechanism; it is one that we inherited from the previous Government. Our right hon. Friend the Prime Minister fought hard—and successfully—at the European Council to make sure that article 122 was extinguished for the future as a source of bail-outs for other countries. I ask my hon. Friend to recognise, in turn, that the stability of the eurozone, and the eurozone’s success in solving its serious problems, are in our interests, too.
Oral Answers to Questions
Gavin Williamson Excerpts(14 years ago)
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Mr Lidington
It is always dangerous for one country to try to export exactly its own way of doing things to a different nation, but we will do whatever we can to address the continued impasse with Transnistria, and to entrench democracy and the rule of law in Moldova.
Gavin Williamson (South Staffordshire) (Con)
T1. If he will make a statement on his departmental responsibilities.
The Secretary of State for Foreign and Commonwealth Affairs (Mr William Hague)
I have just returned from Israel, the Palestinian Authority and Egypt, where I lent British support to efforts to restart the middle east peace process, and discussed vital security issues, including Iran’s nuclear programme. I look forward to discussing those matters further with Secretary Clinton in the US next week, when I will lead a special UN Security Council session to discuss the situation in Sudan. I will meet President Abdullah Gül of Turkey later today, and tonight I will give the Canning lecture in which I will emphasise the importance of building links and elevating our relations with Latin American countries.
Gavin Williamson
Will my right hon. Friend assure the House that he will continue to put pressure on the Iranian Government to stop their appalling abuse of human rights?
Mr Hague
Yes, I certainly will. I discussed the matter directly with the Iranian Foreign Minister, Mr Mottaki, when I met him at the UN General Assembly in New York at the end of September, and I made this country’s views on human rights in Iran absolutely clear. The Under-Secretary, my hon. Friend the Member for North East Bedfordshire (Alistair Burt), and I have often made statements to the same effect, and we continue to lead and rally opinion in other nations to raise those issues.
Oral Answers to Questions
Gavin Williamson Excerpts(14 years, 5 months ago)
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Jessica Lee (Erewash) (Con)
4. What his most recent assessment is of the state of UK-Zimbabwe relations.
Gavin Williamson (South Staffordshire) (Con)
8. What his most recent assessment is of the state of UK-Zimbabwe relations.
The Secretary of State for Foreign and Commonwealth Affairs (Mr William Hague)
We want to do all that we can to support the aspirations of the Zimbabwean people for a peaceful, prosperous and democratic Zimbabwe. We will work with reformers in Zimbabwe and the region to maximise the prospects for achieving the reforms necessary for properly conducted elections.
Mr Hague
The European Union, including the United Kingdom, has called for efforts to reach agreement through the Kimberley process so that all mining in the Marange fields in Zimbabwe are subject to it. In that way, diamonds could actually help the economic development of Zimbabwe in future. We would like to sort that out within the Kimberley process, so that those diamonds can then be used productively.
Gavin Williamson
What action is my right hon. Friend taking with other African nations to ensure that Zimbabwe adopts a new constitution and ends the endemic corruption within the country?
Mr Hague
We work closely with our partners around Africa, foremost among which, of course, is South Africa. We support its efforts and those of President Zuma to engage closely with Zimbabwe and to push it towards reform. We—the UK and other donors—also support, through the UN development programme, the implementation of the Zimbabwean constitution. Given the concerns that my hon. Friend and others have raised, I should say that that happens not through direct funding of the Zimbabwean Government, but through that UN programme.