Council of Europe

Geraint Davies Excerpts

Wednesday 15th June 2022 Westminster Hall

[John Howell (Henley) (Con)]

I beg to move,

That this House has considered the work of the Council of Europe.

I am the leader of the British delegation to the Council of Europe, which I declare as an interest, and it is a pleasure to serve under your chairmanship, Dame Maria.

It pains me to start on a slightly sour note, but we are having the debate here in Westminster Hall because successive Leaders of the House have said no to us being allowed Government time for a debate in the main Chamber. I believe that the number of Members who have put in to speak, and the many more who have shown interest in the debate, is an expression of the greatest interest in the subject. It is a shame that we will be unable to hear the full richness of contributions from members of the delegation and others due to time constraints. That is no criticism of Westminster Hall as a setting for the debate, but it is a request to the Minister to provide us with assistance in trying to raise the visibility and importance of the Council of Europe.

More people now understand what the Council of Europe is and what it does. As a delegation, we work hard to make our contribution in the plenary sessions of the Parliamentary Assembly, the committee meetings that take place between plenary sessions and more generally. After each plenary session, we publish, for example, a summary of what we have discussed and the character of the meeting. I brief lobby journalists before we go to the Council. We issue press releases on key subjects, such as the position of Russia and the fate of the British individuals sentenced to death. We have held seminars—well attended—with, for example, Vladimir Kara-Murza, a Russian dissident now imprisoned, and with Ahmet Yildiz on Turkey. Finally, after each meeting, I raise questions on the subjects of the debate we have had. This has dramatically increased the profile of the Council of Europe among parliamentarians, and perhaps more generally among members of the public. However, I appreciate that there is still a lot more to do to ensure that people do not confuse us with the European Union, an organisation with about half the number of member countries as the Council of Europe.

[Geraint Davies (Swansea West) (Lab/Co-op)]

Given that the Council of Europe represents 47 countries and that its mission is to empower and promote our fundamental values of democracy, human rights and the rule of law, and given that we are seeing those values breached both by Vladimir Putin with his invasion of Ukraine and in China and elsewhere, does the hon. Gentleman agree that this place should put paramount importance on those fundamental values and the Council of Europe, and on debate such as this?

[John Howell]

The Council of Europe is not responsible for China. It is responsible for what happens in Europe, and the three pillars of the Council of Europe—human rights, the rule of law and democracy—are crucial to its future. That is what we need to hold countries to.

The reason for making the remarks I made before taking an intervention is that the role of the Council of Europe has never been more important. For me, one of the proudest moments was when we expelled Russia from the Council. I am told that I was the first politician to ask for that to happen, in a letter to the Secretary-General, and I was pleased to see the support from the delegation for that action.

Thank heavens that the covid crisis has diminished substantially. The sort of diplomacy required simply cannot be carried out by Zoom or remotely. It is great for our effectiveness to be back in person, and I am pleased that newer members of the delegation can now see that what I said all along about understanding what the Council stood for being best achieved by their personal attendance was absolutely true. I am sure that other Members will want to comment on Russia during further consideration.

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[Geraint Davies (Swansea West) (Lab/Co-op)]

I very much welcome this debate. I have been a member of the Council of Europe for many years, with a brief interlude. The bottom line is that the Council of Europe stands up for our fundamental values of democracy, human rights and the rule of law, which we have seen under attack around the world and beyond the sphere of the Council of Europe; and obviously those values are under attack in Ukraine. I am proud to be the trade rapporteur of the Council of Europe, which involves instilling in trade agreements the values of democracy, human rights and the rule of law, plus sustainable development in compliance with the Paris agreement and subsequent COP agreements.

It is important that Britain shines the light of our values around the Council of Europe and beyond. We also need to look at and question what we are doing here in terms of the rule of law. An obvious example is the breach of the Northern Ireland protocol that breaches international law, and will undermine the Good Friday agreement and the Northern Ireland economy. We need to think about the right to peaceful protest and whether the Police, Crime, Sentencing and Courts Act 2022 is compliant with the conventions. Quite frankly, I find the prospect of police officers judging some annoyance, disturbance or discontinuity of business sufficient to stop a peaceful protest in a democratic country abhorrent, and it is the sort of thing that will play into the hands of Vladimir Putin.

We need to think about the issues around Rwanda. Israel refuses to send its refugees to Rwanda because they might face torture, death or rape. We need to think about the evidence, not, “Oh no, it is a court interfering”, as has been suggested. We also need to think about the independence of our own judiciary: how that should stand strong and not be attacked by the Government. In recent years the Supreme Court has been attacked by Ministers, who have been amplified in the press, on key decisions such as giving Parliament the right to vote on the EU deal and bringing democracy back after the prolonged Prorogation.

A recent report by the all-party parliamentary group on democracy and the constitution, which I chair, flags that issue and the fact that the Supreme Court has now reversed seven of the Government’s decisions in the last two years. We criticise the intimidation and chilling effect of an independent Court, but we should look at whether we are satisfying fundamental values.

I am very much a supporter of those fundamental values. I rejoice in the fact that we were founding members. After the war, Winston Churchill was instrumental in bringing about this bastion of democracy, human rights and the rule of law. Around the world, whether in China—I appreciate that it is not in the Council of Europe—or elsewhere, those values are being broken down and alternative totalitarian or authoritarian systems are being championed. It is incumbent on us all to fight the fight, be a bastion for those values and not let them be undermined at home. I very much welcome the debate secured by the hon. Member for Henley; we must stand firm together for our fundamental values.

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[Alyn Smith]

I genuinely thank the right hon. Member for his intervention, and I could not agree with him more. One of the things that has struck me since I got to this House is that we are not all goodies and baddies, and there are a number of shades of grey within. I acknowledge the governing party on this issue. I very much agree with his point. Happily, it is on my page of notes, so we can all look forward to that.

That criticism of the framework is ahistoric. As we have heard, the Council of Europe came from a speech that Winston Churchill made in Zurich in 1946. It was formed by the London Statute, signed in this city in 1949. I am a proud member of the Scottish National party; I have a different worldview from many on the Government Benches and many of the Members of this House, but I celebrate the work of the English and Scottish lawyers in drawing up this international framework of decency historically. To withdraw from that would be deeply ahistoric and an act of nihilism and vandalism, which I would deeply regret. The part that the UK has played in the growth and development of the Council of Europe is an example of global Britain that we can actually be proud of, because it has effected real change in the real world, on our European continent. To walk away from it would be an act of great harm, not only to the wider continent but to us at home.

I pay tribute to that proud history, but I also have to list a few of the things, as mentioned by some Members, that we see currently. When we talk about grievous international acts of criminality in Ukraine, the Donbas, or Cyprus or elsewhere, we need to be consistent at home. So loose chatter—in the Queen’s Speech, no less—about a British Bill of rights, as if somehow the European convention on human rights does not work for us uniquely, is an absurdity. In fact, I would say that it is a deeply, deeply regrettable policy trend.

Loose talk of breaking international law—a solemn international commitment, only recently signed—over the Northern Ireland protocol, when there are dispute resolution mechanisms within the protocol itself, is setting the worst possible international example to those who would seek to do bad things internationally. How can we possibly look Mr Putin in the eye with any credibility when we are ourselves talking about breaching international law, as if it is a mere bagatelle? The odious reaction that we have seen to the European Court of Human Rights quite rightly stopping the odious policy of offshoring refugees to Rwanda is deeply dangerous. We are also seeing the limiting of rights to protest and indeed to vote at home; we can look forward to the Court’s judgments on those issues, too.

There is also talk in some quarters—not by everyone, but in some quarters—about “unelected foreign judges”, as if our own judges were elected and as if “foreign” has anything negative to it. The whole framework of extraterritorial judicial scrutiny is the point—it was designed in this city. The point is to ensure the enforcement of decency and proper legal standards. The rule of law is an important thing to observe at home as well as abroad.

[Geraint Davies]

Does the hon. Gentleman share my concern that, on the one hand, there are those who criticise the credentials of judges in the European Court of Human Rights, and yet we have had Lord Chancellors—such as the current Foreign Secretary, actually—who have not really got much legal expertise? What we really need is a Lord Chancellor here for a sustained period of time to protect the independent judiciary, rather than taking pot shots at it.

[Alyn Smith]

I am similarly grateful to the hon. Gentleman for that intervention. I am really concerned about the public discourse in these islands. If we believe in the rule of law, that means that we also believe in it when it is difficult or inconvenient for the Government of the day. The Scottish Government have been before the European Court of Human Rights as well on the issue of prisoners slopping out. It has been difficult for us, too, but if we sign up to a set of rules and to extrajudicial scrutiny, we need to allow that to run its course. Undermining the independence of the judiciary is a really, really dangerous place for us to go, so I urge everyone, from all points of the compass, to stop it.

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[Stephen Doughty]

I think that the right hon. Gentleman points out the importance of maintaining contacts with all those who are opposing Putin’s regime. Indeed, I think that Vladimir Kara-Murza was mentioned. That is a case that we are all deeply concerned about. It is important that we maintain contact through many bodies, including the Council of Europe, with those who would stand up for democracy and human rights in Russia and against the actions of the Putin regime.

I thank my hon. Friend the Member for Swansea West (Geraint Davies) for the work he does as a rapporteur. He made some very important points. I would reference his point on the attacks on the judiciary in the UK; I think that some of the comments we have seen are very damaging. He, like many others, raised the issue of the ECHR and Rwanda, which has obviously been a crucial point.

On that, I echo the comments of the shadow Home Secretary, my right hon. Friend the Member for Normanton, Pontefract and Castleford (Yvette Cooper): there is no point in the Government blaming anyone but themselves on this issue. Ministers have been pursuing a policy that they know is not workable and that will not tackle criminal gangs. Despite that, they paid Rwanda £120 million and hired a jet that now has not taken off, all because they wanted someone else to blame in a confected row. They ignored the warnings about the policy, including on the potential treatment of torture victims—which of course is a crucial issue for the Council of Europe. It has rightly been referenced in this debate, but I think the Government need to take a hard look at themselves to understand why they are in the position they find themselves in this morning.

The Council of Europe has done excellent work in many areas since its foundation. I mentioned the Committee for the Prevention of Torture, which makes unannounced visits to places of detention. The Committee of Social Rights also verifies that rights to housing, health, education and employment are being implemented. My hon. Friend the Member for Rochdale mentioned the anti-corruption work of GRECO, and the Council of Europe also works with other bodies, including the OSCE, the EU, the United Nations and other international bodies, which use Council of Europe reports in pursuing their own excellent work in these areas.

The ECHR itself—I would say this again as a salutary warning to those who make unwarranted attacks on the ECHR—has delivered more than 16,000 judgments. Let us remember the wide range of those judgments, including on the right to life, the prohibition of torture, the prohibition of slavery and forced labour, the right to liberty and security, the right to a fair trial, the right to respect for private and family life, freedom of religion, freedom of expression, the prohibition of discrimination, and indeed the protection of property. Of course, one of the Court’s most high-profile cases was its ruling that Russia was responsible for the murder of Alexander Litvinenko. That is the scope of the ECHR’s work and it needs to be more fully understood. As has been mentioned, the abolition of capital punishment—something I have long campaigned for—has been a precondition for accession to the Council of Europe since 1985. Indeed, the Council of Europe has played a critical role in ensuring that we do not have the death penalty in member states.

The Istanbul convention has rightly been referenced, and I have a question for the Minister on that. We need to acknowledge that violence against women is a human rights violation and a form of discrimination. The Council of Europe has carried out work on the fight against discrimination for reasons of sexual orientation or gender identity. These are critical issues, particularly when we see backsliding by some members. This is a matter that I hope the Council will pay increased attention over the months and years to come.

I reiterate Labour’s unshakeable commitment to maximising opportunities to work alongside allies and partners on issues of human rights, the rule of law and democracy through as many multilateral institutions as possible, and a critical institution is the Council of Europe. Today’s world is too precarious and, frankly, dangerous to operate unilaterally, as unfortunately we have seen the Government do on too many occasions recently. I hope the Government and the Minister will reiterate our commitment to working through the Council of Europe on these issues, because we face some deep threats across our continent and the world, and the Council of Europe will be key to tackling them.

Beyond reiterating its solidarity with Ukraine and expressing an unwavering commitment to its sovereignty, the Council adopted an action plan for Ukraine, including measures to protect displaced people, to support legal professionals, to document human rights violations—which is critical when we see some of the horrific atrocities currently taking place in Ukraine—and to protect the rights of vulnerable groups, including children and the Roma. As the right hon. Member for Islington North (Jeremy Corbyn) said, it is important that links with civil society in Russia and Belarus are strengthened. That grassroots work is critical in fighting back against the Putin war machine and the Kremlin’s unrelenting disinformation campaign across Europe.

[Geraint Davies]

Would my hon. Friend accept that it is important to accept the credibility and importance of the statutory role of the Council of Europe’s Court? If other countries fail to abide by these rules, that could collectively undermine the fundamental values of human rights, democracy and the rule of law that we are trying to push forward. The Government should think twice before putting stuff in the media about the Council of Europe and the convention when they are found in need by the Court.