Israel and Palestine

Hamish Falconer Excerpts

Monday 16th December 2024 Westminster Hall

[The Parliamentary Under-Secretary of State for Foreign, Commonwealth and Development Affairs (Mr Hamish Falconer)]

It is an honour to serve under your chairmanship, Mr Pritchard. I am grateful to the Petitions Committee for securing this debate, and to the hon. Member for South Cotswolds (Dr Savage) for leading it. I thank hon. Members for their contributions. They have represented their views and those of their constituents, many of whom I know have signed these petitions with sincerity. With your forbearance, Mr Pritchard, and recognising the many pages of questions I have received over the course of the afternoon, I will try to make progress with my speech before taking interventions.

I recognise the tone both of the petitions and of the questions and contributions this afternoon. I think the House is united in wanting to end the agonies in Gaza, return the hostages, end the violent expansion of settlements, and secure a two-state solution. That is my work and the work of this Government, and I am grateful to the right hon. Member for Aldridge-Brownhills (Wendy Morton) for highlighting how different our approach is from that of the Government who preceded us. When we became the Government, we called for an immediate ceasefire. On my first day as a Minister, we restored funding to UNRWA. We have now provided £41 million to UNRWA, recognising its vital work.

We have taken a different approach on questions of international law in relation to the ICC and the ICJ, and in our votes in the UN Security Council. Even when resolutions have been defeated, we have been clear on our commitment to international humanitarian law and the need for a two-state solution. In relation to sanctions on settlers and settlements, we have taken far-reaching action, which I shall cover briefly in my speech.

I would like to say something, given how strongly many of our constituents feel about the issues. I am a Labour Member and Minister, and other Labour MPs send me the videos the photos and the many reports that I know constituents see every day, as so many people have referred to. I see them too. As a Labour Member and Minister, I am never far from the reality of the situation. I am grateful to my colleagues for helping to ensure that that is the case.

I will turn briefly to the petitions that we are debating, trying to give substantive answers to both, then I will take interventions. First, on the call for immediate recognition, I want to I want to make it clear that this Government are unequivocal in their support for recognition and of a two-state solution. Palestinian statehood, as my hon. Friend the Member for Poplar and Limehouse (Apsana Begum) said, is the right of the Palestinian people; it is not in the gift of any neighbour, and it is vital, as was set out, that the people of the west bank and Gaza are given the political perspective of a credible route to a Palestinian state.

We are committed to recognising a Palestinian state, and we will do so at the time most conducive to the long-term prospects for peace. We must take that step when we think that it will make the greatest contribution to bringing about the reality of a sovereign Palestinian state, alongside a secure Israel, which I know is the end goal we all agree on.

Many Members have referenced the decisions of allies. We watch those carefully and discuss the issues diplomatically, as one might expect. Simply saying a thing does not make it so, however, and this Government are driving their efforts towards the practical questions: creating the conditions necessary for a two-state solution to become a reality. The Prime Minister reiterated that commitment and his support for reforms to the Palestinian Authority—mentioned by a number of Members—when he met President Abbas in September.

The hon. Member for Strangford (Jim Shannon) asked about our support for Israel’s security. Of course, that remains steadfast, as it does for Israel’s right to self-defence against terrorism and state threats. However, as we have said repeatedly, Israel must do that in accordance with international law. We have taken decisive action against extremist Israeli settlers who undermine the viability of a two-state solution and we have called out the unacceptable rhetoric of some Israeli Ministers.

As Members have said, settlement expansion and violence have reached record levels. The Israeli Government seized more of the west bank in 2024 than in the past 20 years; that is completely unacceptable. We recently sanctioned three illegal outposts and four organisations that have supported and sponsored violence against communities in the west bank. Those sanctions are focused not just on the violence, but on the settlements themselves, which are contrary to international law. We will continue to take action necessary to challenge those who undermine a two-state solution. On the questions asked about sanctions, I am afraid that I will not provide—in a way that Members will be familiar with—a commentary on whom we may target with sanctions, but I reassure the Chamber that we will continue to take the action necessary.

Let me turn to the call in the second petition to revoke all licences for arms exports to Israel. I recognise the strength of feeling. It is why on day one, we commissioned a review into Israel’s commitment to and compliance with international humanitarian law and we took decisive action where the review found possible breaches. On 2 September, the Foreign Secretary announced that decision to Parliament, and it followed a conclusion of the clear risk of items being used in violation of IHL. Let me be clear: that is not a partial suspension; it is a full suspension of all licences for equipment for use in military operations in Gaza.

I will come to the F-35 points shortly, but on the remaining licences that are not in relation to the F-35s, they are for body armour for journalists and NGOs; equipment for re-export to close allies; and items utilised for training and never intended to see conflict. Those are the remaining military licences to Israel. In my view, it is not right to suspend those when there is no clear risk that they could be used in the ongoing conflict. The majority of licences to Israel are not to the Israel Defence Forces and not for military equipment. Under this Government’s watch, there are no extant licences that could be used by Israel to commit or facilitate a serious violation of international humanitarian law in the Gaza conflict. All of this is subject to the measures set out in Parliament excluding exports to the global F-35 programme from the scope of the suspension. Some Members have questioned that, but let me be clear about the Government’s view: suspending F-35 licences could not be done without prejudicing the F-35 programme.

My right hon. Friend the Member for Birmingham Hodge Hill and Solihull North (Liam Byrne) asked how that is consistent with the law and referred to some of the opening speeches in the ongoing judicial review. I will not comment in great detail on the judicial review, which is considering these legal questions in greater detail. The section of the arms trade treaty to which he referred asks us to tend to questions of international peace and security. We have been clear in the House, and I am clear again today, that to bring down the F-35 programme would have significance to international peace and security and to our broader strategic role in NATO, and would affect western equipment support for Ukraine. This is not an arbitrary decision that we have taken. We will keep this and all aspects of our policy under close review.

[Andy McDonald]

Will my hon. Friend please accept from the people who make this argument that there is strength in it? The issue is the end user of the F-35 programme. There is no suggestion that the UK should withdraw from the programme entirely, only that there be a block on the end user. Those F-35s are delivering the 2,000-pound bombs that are rending asunder civilian communities in Gaza and we must play our part in making sure that does not happen any longer. Will he please accept that?

[Mr Falconer]

I want to be clear to my hon. Friend and to everybody here that the direct selling of F-35 parts to Israel has now been suspended; it is indirectly that we are not in a position to determine the end user. Members are saying that we could determine the end user. I reiterate the Government’s position that the global supply chain is critical to the operation of the F-35 programme and that we cannot suspend licences to end users in the way that my hon. Friend would like without imperilling that.

[Liam Byrne]

I am grateful to the Minister for giving way; he is being characteristically generous. As I understand it, we cannot track F-35 parts because we have signed a contract that basically renders us blind when they leave our borders. Technically, it is possible; the Ministry of Defence has said that. The issue the Minister has to address is that article 7 of the arms trade treaty is very clear that if there is an overriding risk of a breach of IHL, exports should not be made. His Government’s own submission to the courts is that that risk exists. We cannot have it both ways.

[Mr Falconer]

My right hon. Friend is making two distinct arguments. One is that we know who the end user is but cannot practically stop it, but we can also maintain the F-35 programme. The Government’s position is that we cannot take action on the global spares pool without bringing the F-35 programme into peril, which would have implications for international peace and security. That is the position of the Government. On the article of the arms trade treaty to which he refers, it is clear that consideration needs to be given to international peace and security. It is on that basis that we have set out our position.

Another Member asked me about the legal advice. We have set out the legal position as clearly as we possibly can—more clearly than any previous Government has on such a decision. It is being tested in the courts. We are proceeding with the utmost transparency on these questions.

[Layla Moran]

Is it not the case that the review itself was drawn very narrowly, focusing just on Gaza, and did not look at the west bank? We know that there are violations and other issues in the west bank, and that they are getting worse and worse. Will the Government consider increasing the scope of their review to include the west bank, and perhaps conducting it again, given that everything is under review? I rather suspect that more than 30 export licences might be suspended if the west bank were included.

[Mr Falconer]

I can confirm to the hon. Member that, with the exception of the position with F-35 that we have just discussed, I have satisfied myself that the review conducted in relation to Gaza also covers the licences for arms that could be used both in the west bank and in the conflict in Lebanon. I have satisfied myself that the suspension announced on 2 September would cover the—

[Richard Burgon]

Will the Minister give way?

[Mr Falconer]

I am conscious that I have hardly a minute left, so I will wrap up and try to provide some time—

[Mark Pritchard (in the Chair)]

Order. At the discretion of the Chair, if the Minister is so minded, he can continue to talk for beyond 10 minutes, given that we have time because some colleagues have left. However, I am aware of his busy schedule, so it is entirely in his hands.

[Richard Burgon]

The United States has confirmed that all F-35 parts in the global spares pool are tracked by the US Government. Our Government have admitted that, too. Do the UK Government have access to that information? If not, why not, and have they asked for it? Do they know what proportion of the F-35 parts that the UK has exported to the global spares pool have ended up in Israel since October 2023?

[Mr Falconer]

I am happy to reply to my hon. Friend in writing on some of these questions of detail. On the F-35s, the Government’s position is that we cannot suspend sales to the global spares pool without bringing down the overall programme, and so the international peace and security elements to which I have referred are very much in scope.

[Andy Slaughter]

I am most grateful to the Minister for giving way. May I return to recognition for a moment? The previous Government said that they would recognise Palestine when doing so best serves the object of peace. The current Government say they will recognise a Palestinian state as a contribution to a renewed peace process. I am struggling a little to see the difference between those positions.

There was a certain amount of sophistry in what the Opposition spokesperson, the right hon. Member for Aldridge-Brownhills (Wendy Morton) said, which was that we cannot recognise Palestine when the hostilities are continuing. We do not recognise states based on which Government they have or what is happening there at the moment; we recognise states on the basis of the right to sovereignty, which Palestine clearly has. What is stopping the Government from recognising Palestine now, particularly given the Commons vote 10 years ago?

[Mr Falconer]

I recognise my hon. Friend’s long commitment to these issues. We are committed to recognising the state of Palestine at a point where we think it will make a contribution. I expect that he and many other Members will continue to press me on these issues for as long as this Parliament goes on.

We want to make a contribution to an advance of the position towards a two-state solution. As so many Members have said this afternoon, that feels horribly and dangerously distant at this time, but we think that the recognition of the state of Palestine can make a contribution to that process, and we want to see it on a more stable footing than we are at the current time.

[Chris Hinchliff (North East Hertfordshire) (Lab)]

Will the Minister give way?

[Mr Falconer]

I will not. I will try to conclude my remarks and give the hon. Member for South Cotswolds, who secured this debate, a chance to wrap it up.

I hope that Members will see that this Government have taken meaningful action to try to alleviate the suffering. I hear the strength of feeling from both the public and the Members in this Chamber. We will continue to do more. We are deeply conscious of both the agonies in Gaza and the coming of winter, and all the pressures that will bring.

[Ben Lake (Ceredigion Preseli) (PC)]

On that point, will the Minister give way?

[Mr Falconer]

I will try to push on, if that is okay.

We have announced £112 million for the occupied Palestinian territories this year. We will continue to press for the vital services that civilians in Gaza and the west bank desperately need. That includes £13 million that the Prime Minister announced as our commitment to UNRWA when he met Commissioner-General Lazzarini on 11 December. As I understand it, he is the first ever Prime Minister to meet an UNRWA Commissioner-General.

We have continually supported hostage talks, and I welcome the reference that fellow Members have made to the British national who is still being detained by Hamas. We will continue to work alongside our allies and partners in the region, exercising every possible diplomatic lever to see the hostages immediately and unconditionally released.

As I said, we have imposed sanctions against those perpetrating and inciting human rights abuses against Palestinian communities in the west bank, and since July we have sanctioned three illegal outposts and four organisations. I welcome the comments from hon. Members about the importance of peace-building efforts.

[Andy McDonald]

The Minister has mentioned several times the three illegal outposts and four organisations. All outposts in the west bank are illegal. As a nation, why are we not taking much more strenuous action against all illegal occupation of the west bank and the occupied territories?

[Mr Falconer]

I thank my hon. Friend for the opportunity to reiterate this Government’s policy towards the west bank. It is occupied Palestinian territory: that is clear in international law, and there is no dispute about that. The sanctions that we imposed had quite far-reaching implications, including for organisations that are involved on a broad and structural basis in helping to construct settlements. I hope that there is no ambiguity about our position.

[Ben Lake]

On that point, will the Minister give way?

[Mr Falconer]

I am going to push through to the end now.

Just last month, the Foreign Secretary chaired a UN Security Council ministerial meeting to focus international attention on the urgent need for a ceasefire and the release of all hostages. On 20 November, we voted in favour of the draft UN Security Council resolution on Gaza proposed by the 10 countries elected to the council. We reiterated our unwavering commitment to the vision of the two- state solution, in which two democratic states, Israel and Palestine, live side by side in peace. That is what we, with our international partners, will continue to press for at every opportunity.

Detained British Nationals Abroad

Hamish Falconer Excerpts

Thursday 5th December 2024 Commons Chamber

[The Parliamentary Under-Secretary of State for Foreign, Commonwealth and Development Affairs (Hamish Falconer)]

I start by paying tribute to the families who are in the Gallery and to those who are not. As the right hon. Member for Chingford and Woodford Green (Sir Iain Duncan Smith) said, I have some personal experience in these matters, and I know just how painful it is to have a loved one detained overseas, often for long periods and with great uncertainty about next steps. I have met many of those who are in the Public Gallery. They are a tribute to their families, and I am endlessly in awe of the bravery, commitment and determination that they show.

As the right hon. Gentleman mentioned, many of these cases have been going on for some time. I will start by providing context on the general situation. Several Members have made comments about trend lines; I will offer data on the Foreign Office’s response, as has been requested. I will set out Labour’s position, and then I will turn briefly to some of the cases that have been raised. However, as was said by the Liberal Democrat spokesperson, the hon. Member for Bicester and Woodstock (Calum Miller), many families do not wish to have their case named in this House, and many of them are not represented in the Public Gallery. That does not make them any less of a priority for me, the rest of the ministerial team, or the Foreign Office.

I join the shadow Minister—the right hon. Member for Aldridge-Brownhills (Wendy Morton)—and many other right hon. and hon. Members in paying tribute to consular teams for their work. The right hon. Member for New Forest East (Sir Julian Lewis) said that many Foreign Office staff are the best and brightest, and that is certainly true for consular teams, who I am very happy to represent as the consular Minister, and to visit everywhere I go. The week before last, I was in Pakistan, where our staff deal with some of the most complex consular cases, as the House will know. They work 24/7 to ensure that people have what is often their only contact with the outside world once they have been detained, as many Members have said.

I would not claim to be one of the best or brightest, but I am what the right hon. Member for New Forest East would probably call a specialist unit, given that during my time in the Foreign Office, I dealt with many such cases. Indeed, I worked with other nations, as many Members have encouraged the Government to do. It is of course desirable to look at other countries’ systems. My right hon. Friend the Member for Islington South and Finsbury (Emily Thornberry) mentioned the SPEHA system, with which I worked extensively. I can assure her that I talk to my American counterparts, including the special envoy, who I will see this weekend.

Members seek consistency in our response to consular cases. They will recognise that what governs our ability to provide consular assistance is the Vienna convention, which mandates that we cannot interfere in foreign legal systems; we can only ensure that proper consular assistance is offered. Many Members have rightly highlighted the difficulties in identifying whether British nationals have had proper recourse to due process and their full rights. The Foreign Office remains focused on that question.

We are assisting 1,400 British nationals overseas. Some of those cases are more straightforward; some are considerably more complex. We provide assistance, both directly and through a partnership with Prisoners Abroad—a highly valued charity with which many Members will be familiar. It works to ensure not only that British nationals overseas are visited by the Foreign Office, but that they have access to essentials such as food and medication. Prisoners Abroad also supports the families of those detained abroad, a vital service that we will continue to support. We have long-running partnerships with non-governmental organisations such as Reprieve and the Death Penalty Project, which provide expertise in complex cases.

I know that right hon. and hon. Members are familiar with the Foreign Office arrangements, so I will not dwell on them too much, but let me be clear about what a Labour Government will do differently and why. We will introduce a special envoy for complex consular cases, in part because we have heard from families, including those in the Public Gallery, about their experience of seeking Foreign Office support. We will introduce that envoy so that there is, as many Members have requested, a part of the Foreign Office with a particular focus on complex consular cases. We will also introduce a new right to consular assistance. I hope to return to the House shortly to set out more details on both provisions.

The right hon. Member for Maldon (Sir John Whittingdale) rightly highlighted that we should be uneasy about the increasing global trend of trying to use British and other foreign nationals as diplomatic leverage. It is important to repeat that we will never accept British nationals being used as pawns or diplomatic leverage. We take a strong position on that, and will continue to do so. We will not haggle for British nationals, but will ensure that they have their proper rights, in accordance with the Vienna convention, and will do everything we can to support their family.

I turn briefly to some of the cases that have been raised. I reiterate that I will not mention every case. There are many names that are burned into my mind, as Members would expect, and cases that we work on regularly that I will not mention now, but I will address those on which I have been particularly pressed for answers. I begin with the cases of Mr Cornelius and Mr Ridley. The family are above me in the Gallery. We will continue to provide support to them, but I reassure the House that I have now raised with the ruler of Dubai the request for clemency, and outlined the British Government’s support for Mr Cornelius’ pardon application. The previous Foreign Secretary did so, as was alluded to by the shadow Minister; I thought it was important to provide clarification on that. I recognise that there has been unwelcome news in this case; I will not go into further detail about that in this place, but we will continue to work on the case. I met Mr Cornelius’s family recently, and I reassure the House that I have committed to continuing to meet them for as long as the two cases remain ongoing.

Mr Lai’s case, which was also raised, remains a priority for the British Government. We are closely monitoring his trial, and I can reassure the House that diplomats from our consulate general will continue to attend his court proceedings. As this House is aware, the Prime Minister raised the matter of Mr Lai with President Xi at the G20 summit, and the Foreign Secretary has raised it with his equivalent. The Minister for the Indo-Pacific has also raised this case with both the Chinese and Hong Kong authorities. We continue to call on the Hong Kong authorities to end their politically motivated prosecution and immediately release Mr Lai.

I pay tribute to my hon. Friends the Members for Wolverhampton West (Warinder Juss), and for West Dunbartonshire (Douglas McAllister), for raising the case of Mr Johal. We continue to press the Government of India for faster progress to resolve this matter. I recognise the diligent efforts of his brother, who I understand is in the Gallery, and the deep and profound frustration about this case. It must be resolved, and that resolution must include an investigation into Mr Johal’s allegations of torture.

I will return to this House later today to talk further about Mr el-Fattah’s case. That case remains at the front of my mind and that of the Foreign Secretary. He met the family, who I understand are behind me in the Gallery, last week. The Prime Minister has raised the case with President Sisi; the Foreign Secretary and I have both raised it with the Egyptian Foreign Minister; and my right hon. Friend the Minister for Development raised it just this week, again with the Egyptian Foreign Minister. Mr el-Fattah’s case is tragic. I am very mindful of the hunger strike of his mother, who I have met, and whose efforts have been mentioned by many hon. Members. We will continue to focus on Mr el-Fattah, and I look forward to returning to the House this afternoon to discuss his case further.

On Emily Damari, a hostage held by Hamas and a British national, she and all the other UK nationals and people with UK links held by Hamas are very much on our mind. We continue to press for their immediate release, for humanitarian access to them, and for the medical assistance that we are sure they will require. I met their families this week, and they will remain a steadfast focus. I would also like to comment briefly on the case of Dr Ibadoghlu; we have indeed raised this case with the authorities, including recently at the end of October.

As the right hon. Member for Chingford and Woodford Green suggested, these are not easy cases. Many of them have been going on for some time, and the appointment of an envoy is important, but I reassure this House that I am the Minister responsible for consular affairs. It is not for officials to own these cases; as the shadow Minister has made clear, that is for Ministers. That is very much the view that I and the Foreign Secretary take. I look forward to returning to the House to discuss some of these cases in more detail, and to tell Members about the measures that we will take. I regret that in our few months in Government, we have not yet seen positive progress on all these cases, and I note that many Members have referred to the negative trend in some of these areas. I reassure the House that we will continue to focus on this issue above all. As was said by the Liberal Democrat spokesperson, the hon. Member for Bicester and Woodstock, the first duty of Government is to look after their people. There is no higher responsibility for me than serving British nationals, whatever corner of the world they are in.

[Sir Iain Duncan Smith]

Before the Minister concludes, there is something that many Members have called for that he has not touched on. We passed an Act on Magnitsky sanctions some time ago. Should those sanctions not be part of our attack on hostage-taking and on people being detained abroad for no reason? Why are those involved not being threatened with sanctions, and not having sanctions applied to them? Why are the Government—all Governments—so reluctant to use this tool?

[Hamish Falconer]

I am afraid that, as the right hon. Gentleman might expect, I will not provide a detailed commentary on whether we are considering sanctions in any of these cases. Our position has been that we do not like to discuss sanctions in the House before we implement them, but I recognise the thrust of what he says. I think he is asking me to ensure that there is no diplomatic lever that we would not consider pulling to ensure the safety of our nationals, and I can confirm that.

[Emily Thornberry]

I thank my hon. Friend for being so clear, but can he say whether the criteria for deciding whether a British national has been arbitrarily detained will be published?

[Hamish Falconer]

I recognise the work of my right hon. Friend and her Committee, the detailed report on this subject that the Foreign Affairs Committee published during the previous Parliament, as well as the work of the APPG on these matters. As she said about the American experience, it is important for an envoy to be appropriately focused, and to have a limited number of cases. We are keen to engage with the House on how to ensure that the envoy is focused on a limited number of cases, and on what criteria are most appropriate. My view is that the process will continue to require ministerial discretion, as the shadow Minister said, but I look forward to talking to both my right hon. Friend’s Committee and the House again in more detail once we are in a position to bring forward more concrete proposals.

Unless any other Members wish to intervene on me, I will conclude. These are some of the most difficult issues that the Government and Members of the House face. I pay tribute not only to the families in the Gallery and beyond, but to right hon. and hon. Members. During this debate, there have been allusions to the historical preference of the British Government for not discussing consular cases in public in any great detail. In some cases, as the Liberal Democrat spokesperson said, that is for reasons of safety or judgment, the Foreign Office having assessed what is most likely to assist the British national in question. However, I recognise that as hon. Members have said, this issue is of real importance to many Members of the House, and I will make myself available to all Members who have complex consular cases that they wish to discuss with me.

Detention of Alaa Abd el-Fattah

Hamish Falconer Excerpts

Thursday 5th December 2024 Commons Chamber

[The Parliamentary Under-Secretary of State for Foreign, Commonwealth and Development Affairs (Hamish Falconer)]

I acknowledge Alaa’s family, who are in the Public Gallery. I am grateful to my right hon. Friend the Member for Hayes and Harlington (John McDonnell) for securing this debate, and I pay tribute to him for his tireless support for Mr el-Fattah and his family. I am also grateful to all right hon. and hon. Members for their contributions in this and the earlier debate.

I re-emphasise, both to Alaa’s family and to the House, that his release remains a priority for the UK Government. I recognise the profound impact that his imprisonment has had on him and his family. The Government, and I as the Minister responsible, are doing all we can to find a resolution. Our priority remains to reunite him with his family, and until that happens, we are working to ensure that he is allowed consular access and support. As I said earlier, supporting British nationals overseas is at the heart of our work at the Foreign Office. That includes dual nationals and more recent British nationals such as Alaa.

I have met Mr el-Fattah’s family on a number of occasions, including his incredibly impressive mother, Laila, who was in the Chamber last week and whom I also saw in Cairo. I share my the concern of my right hon. Friend the Member for Hayes and Harlington about her wellbeing, as she is deep into a hunger strike. As he rightly said, the health implications of that are obviously serious. I am sure that the whole House shares the Government’s concern about her welfare. We will continue to be in regular contact with Mr el-Fattah’s family to discuss his case. The Foreign Secretary recently met the family, including Laila, last week. I met her last month during my visit to Cairo and when she was in the House more recently.

Our consular officials and our ambassador in Cairo work around the clock on this case. At the same time, we know from listening to the family that they feel that more support is required. That feeling is shared in other cases, and as I said to the House earlier, that is why we are looking to strengthen our approach through the appointment of a special envoy to work with families on the most complex detention cases, of which Mr el-Fattah’s case is clearly one.

Let me turn to the question of Mr el-Fattah’s nationality, which is contested. The UK has consistently and unambiguously maintained that he is a British national, and that remains the position of the new Labour Government. He became a British citizen in December 2021, while he was in detention but shortly before being sentenced. I stress that the timing of his citizenship, in the same month as his sentencing, was in no way connected to the UK Government’s position on his case. As the Foreign Secretary said in the House last week, there is no conspiracy behind this. We have always been clear with Egypt that Mr el-Fattah was granted nationality in the normal way. He is a British national, and is therefore entitled to consular access under the Vienna convention. We disagree with the Egyptian view that he is an Egyptian mono-national and that the process for conferring nationality was in any way irregular. We continue to urge the Egyptians to grant us consular access under the Vienna convention on consular relations, as they have done in other cases of detained dual nationals.

In response to my right hon. Friend’s comments, let me say a little about how we have been engaging with Egypt. Across all our engagements, we have been clear that this case will be resolved only by Mr el-Fattah’s release. That was the message that I delivered when I saw Foreign Minister Abdelatty and the Egyptian ambassador on what was the first visit by a Minister of the new Government to Egypt. The Foreign Secretary has also raised this case directly with the Foreign Minister, as has the Minister for Development, my right hon. Friend the Member for Oxford East (Anneliese Dodds), just this week. I can also confirm to my right hon. Friend the Member for Hayes and Harlington that the Prime Minister did discuss the case with President Sisi in August. I would like to reassure Alaa’s family and this House that we will continue to press the Egyptians until Mr el-Fattah is free and reunited with his family.

I am aware, of course, of the understandable frustration that Members feel at Alaa’s situation, and the desire that the UK Government roll back our relationship with Egypt or drop all economic support. However, our partnership with Egypt is crucial to alleviating suffering in the region and for our push for wider peace and security in the region. While I was in Egypt, I announced further assistance for the Egyptian healthcare system in order to support Palestinians who have crossed from Gaza and are in need of urgent medical care. I also signed a memorandum of understanding aimed at boosting the Egyptians’ efforts on food security.

I know that my right hon. Friend and many other Members of the House are aware of the catastrophic humanitarian situation in Gaza, the humanitarian crisis in Sudan and the many pressures on Egypt, where poverty is also very high. As such, while Mr el-Fattah remains at the forefront of my mind, the Foreign Secretary’s mind and the minds of the whole Government, we will continue to try to ensure that our relationship with Egypt is positive and productive where those efforts are necessary to protect other British nationals and try to deal with questions of international peace and security.

[John McDonnell]

I want to make it explicit that nobody who has raised this case wants to prevent the UK Government from providing aid and assistance, particularly given the issues that are happening to the Palestinians in Gaza—we are certainly not asking for that. What we are asking for relates to the relationship on trade and on arms sales. I believe there is potential leverage in those areas to enable us to secure Alaa’s release. In addition, the relationship with the Egyptian ambassador also gives us the opportunity to exercise some leverage. Those are the activities that we would like the Government to pursue.

[Hamish Falconer]

I will come back to those points in a little while, if I may.

At the heart of our general approach is the firm belief that through continued engagement, we can encourage the Egyptians to improve their human rights record, and that a stronger relationship than the one we inherited would allow us to have frank and open discussions with key decision makers—as my colleagues and I have recently done—so that we can see improvements, both in Alaa’s case and in relation to the wider human rights and social situation in Egypt. I reassure my right hon. Friend that in my engagements with both the Egyptian ambassador and Egyptian Ministers, we are clear at all times about the importance of this case, including its importance to the very many international observers whom my right hon. Friend ran through so articulately. This case is important to Egypt’s international reputation, and it will of course shape the views of investors and others when they think about their engagements.

In conclusion, the UK remains firmly committed to securing Mr el-Fattah’s release and reuniting him with his family. We will continue to push Egypt towards a resolution, making clear that the only way to resolve this case is by releasing him.

[John McDonnell]

The Minister is coming to a conclusion. Can we have an assurance that we will receive a report to the House in the coming month about the effectiveness of the actions the Government have taken in securing Alaa’s release?

[Hamish Falconer]

Having been pressed on this case twice in a day, I am more than happy to commit to return to the House within a month to give a further update.

We will continue to push Egypt for a resolution and I thank my right hon. Friend for his interest in the case, and many others in this House for their interest. I have no doubt that I will be regularly coming to the House to update Members on our efforts in relation to Mr el-Fattah, and I know that the whole House is thinking of his mother and the rest of his family during this incredibly difficult time.

Question put and agreed to.

North-West Syria

Hamish Falconer Excerpts

Monday 2nd December 2024 Commons Chamber

[The Parliamentary Under-Secretary of State for Foreign, Commonwealth and Development Affairs (Hamish Falconer)]

Last week, we witnessed a major new offensive by opposition groups in north-west Syria. On Wednesday 27 November, Hay’at Tahrir al-Sham—HTS—along with several other opposition forces started to move towards Aleppo. By late Friday night, they were in control of the majority of Aleppo city. They had also captured Saraqeb, which intersects Syria’s most strategic motorways. As I stand here, we do not know if HTS will succeed in pushing further south towards the city of Hama, which sits approximately 100 km south of Aleppo. What we do know is that these developments mark the biggest shake-up of the conflict lines in Syria since 2020.

In response, Russian airstrikes have increased on Idlib province—HTS’s heartland—and on Aleppo. There have also been reports of Iranian-aligned groups moving into Syria to back up the Assad regime. Events are moving quickly, and the trajectory is unclear. My primary concern, in the immediate term, is the impact on civilians and, of course, the delivery of humanitarian assistance. It will be particularly worrying if we see more large-scale attacks against civilians by the regime or Russia. I call directly on all actors involved, including Iran and Russia, to act in accordance with international humanitarian law, and not to target civilians or civilian infrastructure, including health facilities. Humanitarian actors should be granted full humanitarian access on the ground.

In response to recent developments, we have been rapidly engaging key partners and interlocutors to assess the situation and co-ordinate responses. I spoke earlier to my Turkish counterpart, and I reiterated my concern about the potential for new escalation and the impact on civilians. I will be travelling to the region this weekend, where I plan to engage with a range of partners on the latest developments, and on Wednesday I will be speaking to the UK-funded White Helmets, a Syrian organisation operating in north-west Syria, to better understand how it and other non-governmental organisations are responding to the situation and supporting people on the ground.

The UK issued two statements over the weekend, including one with the US, Germany and France calling for de-escalation and the protection of civilians to prevent further displacement and disruption of humanitarian access. This is the right focus as the situation develops, but the current fighting underscores that the situation in Syria is not sustainable.

Thirteen years into the conflict, no side has won or can decisively win on the battlefield, including Assad. A frozen conflict is not the same as peace. Syrians continue to flee the country, drugs and arms smuggled from Syria threaten the region, and Iran and Russia continue to exert influence, propping up the Syrian regime. The underlying reasons for this conflict remain unaddressed.

Recent developments in the north-west only underscore the urgent need for a Syrian-led political solution to the conflict in Syria, in line with UN Security Council resolution 2254. We urge all parties to re-engage with this process and the efforts of UN Special Envoy Pedersen.

I recognise that this escalation raises other questions. First, on consular assistance. I make it clear that my Department’s long-standing advice is against all travel to Syria due to the ongoing conflict and unpredictable security conditions. Consular support is not available within Syria, and all British embassy services in Damascus are suspended. I reiterate our long-standing advice: any British nationals in Syria should leave the country by any practical means.

We are closely monitoring the wider humanitarian situation. In north-west Syria, 4.1 million people, 80% of whom are women or children, were already in need prior to this escalation. There is currently no humanitarian corridor for those fleeing, which increases terribly the risks to their safety.

The UK has spent over £4 billion since 2011, our largest ever response to a single humanitarian crisis. In October, we announced a further £3 million to provide lifesaving emergency assistance and healthcare to the most vulnerable citizens fleeing the Lebanon conflict into Syria. Many of them will be in north-west Syria.

Too many Syrians have tragically been displaced multiple times as a result of conflict. They bear the brunt of horrific violence. Sadly, more still will be displaced by this latest escalation, and I underline my concern about what we might see should Russia or the Assad regime start a campaign of bombardment on the area.

The UK has stood by the Syrian people, and we will continue to do so. Our assistance aims to improve humanitarian conditions for those in the direst need. We work with local and international NGOs and UN organisations to provide health, nutrition, child protection, water, sanitation and education services throughout Syria, including in the north-west.

As the situation develops, we are working closely with humanitarian actors on the ground to understand the impact and the need created by the latest escalation. We call on all parties to ensure full and unhindered humanitarian access throughout the affected areas and to protect civilians. For too long, the Syria conflict has been considered frozen. But if we have learned one thing in recent years, it is that there is no such thing. It is incumbent upon us to use this moment to find new momentum for the political track and to address the underlying causes of this conflict.

I commend this statement to the House.

[Madam Deputy Speaker (Ms Nusrat Ghani)]

I call the shadow Foreign Secretary.

[Priti Patel (Witham) (Con)]

I thank the Minister for his statement. These developments in Syria are deeply serious and threaten further brutality and terror in a region under enormous pressure and suffering. We have seen an extremist rebel group make rapid progress and take territory in Aleppo, and the first Russian airstrikes in Aleppo since 2016. We know that there has been fighting in Idlib and Hama too. Civilian lives continue to be lost and homes continue to be destroyed.

As the Minister says, there has been more than a decade of turmoil and tragedy for the innocent people of Syria, which is beyond disturbing. With the eyes of the world focused on other conflicts, we cannot forget the brutality, the loss of life and the destruction that has taken place in Syria, or its consequences. More than half a million people have already been killed, with millions injured or maimed, with some being victims of chemical weapons. How many more innocent lives must be sacrificed to a savage dictator’s thirst for power or at the whim of bloodthirsty terrorists?

The civil war in Syria was one of the most harrowing issues I had to deal with in government, and right hon. and hon. Members who have been in the House since 2011 will know from our debates how this conflict has disrupted the region and contributed to the global migration crisis. Like other Members, I have met Syrians in countries such as Jordan and Lebanon who spoke of their fear, concern and trauma. Both countries are under great pressure right now, particularly Lebanon.

People’s lives have been turned upside down by this conflict, with those caught on the berm between Jordan and Syria facing terrible atrocities. The calculated and cruel barbarism of the Assad regime and the brutality of the terrorist groups have been horrifying at every stage of this conflict. They have held our belief in tolerance and freedom in contempt, and we should never turn a blind eye.

I have been very clear that when red lines are crossed in this conflict, the UK must be part of a firm response. We are in a dangerous place once again, and the situation could become even more severe. I saw the statements issued by the Government and our partners in America, Germany and France over the weekend, and I hope the Minister can answer some of my questions, as we need an honest assessment of this conflict.

Can the Minister tell us his assessment of the real threat that Hay’at Tahrir al-Sham poses to our interests? In his statement, he commented on the drugs and arms smuggling through Syria, which we have known about for some time. Our dear friends and allies in Jordan have been raising this issue, so can he tell us what action he plans to take with international and neighbouring allies to address this?

With further instability and conflict in Syria, there is also a risk that criminal activities will proliferate. Instability also fuels extremism, and not just abroad but here at home too. Can the Minister therefore outline the risk that dangerous extremists in Syria pose to the security of prisons in the area? And can he confirm that there is cross-Government co-ordination to review the security and defence implications and the terrorism risks?

The House will know that the UK has been in the vanguard of the humanitarian response, of which we should all be proud. The previous Government invested £4 billion in support that has reached millions of people, saving lives with food, shelter, water, medicines, vaccinations and improved sanitation.

Can the Minister explain what this Government will do to ensure that aid gets into the hands of the right people, not the wrong people? I remember the day when we saw an aid convoy blown up, which disrupted aid when there was no humanitarian corridor. What is he doing to leverage our aid budget to respond to these new and recent developments? Can he also tell us whether aid is getting into the areas affected by the current surge in violence? How could this new escalation impact on the migratory pressures in Syria, and what will that mean for neighbouring areas?

We know that the Assad regime has been bailed out by the Russians, the Iranians and Hezbollah, but with Russia now focused on its illegal invasion of Ukraine, and with Iran’s presence in the region now depleted, what is the Minister’s assessment of how this will affect the dynamics of the current insurgency? Finally, does he have a vision for what future we should now be discussing with regard to Syria, and for how we can get there?

[Hamish Falconer]

I thank the right hon. Lady for her questions. She raised a lot of issues and I will endeavour to address as many as I can.

The right hon. Lady asked what regional co-ordination is under way. We are talking to partners in all the regional capitals, as she would expect, but let me be clear about who we are not talking to. We do not talk to HTS, which is a proscribed terrorist organisation—it is proscribed for a reason and remains proscribed, and we are concerned by many of the public statements it has made. We are not talking to the Assad regime; the right hon. Lady paints well the horrors that Assad and his regime have perpetrated across Syria. However, we are talking to all those with an interest. As I said, I will travel to the region at the weekend and undertake further consultations. I am talking to NGOs and other actors on the ground.

The right hon. Lady asked whether access is sufficient. As she will have seen, the frontlines are moving very quickly and we are concerned that practical access for aid agencies will be difficult to maintain. We are working with our partners to try to maintain access through established humanitarian corridors, and to ensure that a population that is already at great risk will be provided with the assistance it needs. At a moment of such quick changes, that is difficult, but we are working day and night to ensure that happens.

The right hon. Lady asked about cross-Government co-ordination. We are very alive to the terrorist threats that could emanate from Syria, not least from Daesh, which may be down but is not out. We continue to monitor those issues very closely, including the status of prisons, which she referred to.

On the dynamics in the region, clearly the region is in very significant flux. The position of Iran and Russia is in flux, which is why I call on them and say clearly that they must not conduct the large-scale attacks on civilians that I fear are their go-to in such a situation.

[Madam Deputy Speaker]

I call the Chair of the Foreign Affairs Committee.

[Emily Thornberry (Islington South and Finsbury) (Lab)]

During the Syrian civil war, millions of Syrians moved to Turkey and southern Lebanon, so they have already been displaced once. In Turkey, Erdoğan has been encouraging them to go home to Syria, and in southern Lebanon they have had to move back into Syria to flee from the invasion. Multiple traumas have been suffered by multiple innocent families, who have no guilt in any of this but are simply victims again and again. When families face such multiple traumas, what assistance are the British Government able to give them?

[Hamish Falconer]

It is incredibly difficult to provide appropriate and sustained care in north-west Syria. As my right hon. Friend says, many people have been displaced, not necessarily by the current conflict but by the Lebanon conflict, which we have discussed in the House recently. People who have been displaced on multiple occasions are in a situation of acute vulnerability. Whether they have been displaced by the Lebanon conflict or the conflict in north-west Syria, we are extremely concerned and we will do what we can. The assessments are ongoing.

[Madam Deputy Speaker]

I call the Liberal Democrat spokesperson.

[Calum Miller (Bicester and Woodstock) (LD)]

I thank the Minister for advance sight of his statement. I join hon. Members across the House in expressing our deep concern at the toll of the latest outbreak of conflict on the innocent civilians of Syrian. They have borne the brunt of more than a decade of horrific conflict, and we should not forget the devastating impact of the 2023 earthquake on parts of the country as well. I offer my support to the Government in urging all parties to uphold international law. It is vital that the Government do all they can to prevent a deterioration of the humanitarian situation in Syria, and in the region more broadly.

I spoke this afternoon to the Jordanian ambassador to the UK. He underscored the potential impact of this conflict on his country, with its long and porous border with Syria. With an estimated 1.5 million Syrian refugees in Lebanon and another 1.3 million in Jordan, providing necessary support to neighbouring countries that host those refugees is crucial. Yet thanks to successive cuts to the international development budget, including by the new Government, too often we approach such crises with one hand tied behind our back. Will the Minister set out what new development assistance we are providing in response and whether he is seeking additional emergency funds from the Treasury?

It appears that the fighting reflects interference in Syria by both Iran and Russia, as the Minister has said, each seeking to serve their interests during a period of instability. There is a very real risk that this new conflict in the north-west of the country may create a vacuum in the south of Syria that allows terrorist groups such as al-Nusra, al-Qaeda and Daesh to re-establish. Does the Minister share that concern?

The UK must hold others to account and press for an end to the use of proxies that show no regard for the rights of civilian populations or the role of international law. Will the Minister say how the UK is using its influence in international organisations and with our allies to achieve that?

[Hamish Falconer]

We are conducting rapid assessments about where the needs will be, in a situation that is rapidly changing. As I mentioned, we announced further funding for north-west Syria in October. It is not yet clear what further allocations will be required. I will update the House when those assessments are complete and our plans are clearer.

On counter-terrorism, I agree with the hon. Member. As I mentioned in my response to the shadow Secretary of State, there remains an extant threat from Daesh and other groups from Syria. We will continue to monitor those issues very closely. Our first responsibility as a Government is the safety of British nationals; that will continue to be the case and we take our responsibility seriously.

[Madam Deputy Speaker]

I call the Chair of the International Development Committee.

--- Later in debate ---

[Sarah Champion (Rotherham) (Lab)]

I cannot process that this conflict has been going on for 13 years. From where I am sitting, I have a direct line of sight to the memorial shield for our former colleague from Batley and Spen. When she came to the House, she did so much to draw hon. Members’ attention to the plight of civilians, but things have only got worse since then. It is already the worst humanitarian crisis in the world, with nearly 17 million people in need of humanitarian assistance and 90% of families living in poverty. What assessment has the Minister made of the impact of the most recent escalation on the levels of need of those in Syria and those who have fled? Will the UK urge the UN to activate its emergency response plans? And—this is the bottom line—are the Government prepared to increase official development assistance on humanitarian support?

[Hamish Falconer]

We are talking to the United Nations about its plans. I will not give undue comment on operational matters, but the UN’s system is under strain in north-west Syria, as my hon. Friend would expect. In the coming days I hope to be able to say more about what assessment we have made and what actions we will take about whether there will be an increase in ODA; that will be a question more properly for the Minister for Development, my right hon. Friend the Member for Oxford East (Anneliese Dodds), who is in the region now. I am conscious that there are significant needs across the middle east that we are trying to meet as best we can.

[Madam Deputy Speaker]

I call the former Minister.

[Dr Andrew Murrison (South West Wiltshire) (Con)]

Assad and his family have reportedly gone to Moscow, which is probably significant. Let us hope that he stays there; they deserve each other. However, HTS is very much worse. As HTS takes territory, people will be on the move in very large numbers. Historically, the United Nations has managed the situation in northern Syria and triaged those who are claiming asylum. This country has been generous in taking refugees, particularly from the most disadvantaged groups: old people, women and children. What discussion has the Minister had with the United Nations and will that process continue, because I feel sure that the British people will want to continue to be generous?

[Hamish Falconer]

The right hon. Gentleman raises an important point about minority groups. I underline to all parties to this conflict, whether they are proscribed in the UK or not, that minority groups across north Syria, of which there are many, deserve to be protected and have a right to exist. We are looking closely at the actions of all conflict parties, regardless of whether we have direct contact with them, and it is incredibly important that minority rights in northern Syria are protected.

On the right hon. Gentleman’s question about the United Nations, to be frank there is, at this moment, panicked movement across frontlines. It is probably too early to be able to address the kinds of questions he raises, but I am sure we will be talking about this in due course.

[Blair McDougall (East Renfrewshire) (Lab)]

My mind also turned to the former Member for Batley and Spen, my friend Jo, and the cry she made in this Chamber to do something to help the people of Syria. Back then, we saw the widespread use of chemical weapons in the last moment when Assad’s regime was under pressure. What steps are the Government taking to monitor any war crimes taking place in this moment? By way of deterrence now, will the Minister reaffirm that the British Government still believe there should be accountability for the use of chemical weapons a decade ago in Syria?

[Hamish Falconer]

I recognise the work of the former Member for Batley and Spen, our friend Jo Cox, and my hon. Friend himself, who has been involved in these issues, including accountability, for some time. I agree there must of course be accountability for the use of chemical weapons by Syria. I met as Minister the Organisation for the Prohibition of Chemical Weapons to ensure that proper measures are in place and to assist it in its efforts to ensure that treaty conventions are upheld. In August, I instructed UK officials to join an expert-level working group convening a geographically diverse group of states, academics and technical experts to explore international legal mechanisms that could pursue individual criminal responsibility for chemical weapons use. I call on all parties in north-west Syria at the moment to be mindful that we are watching questions of chemical weapons use incredibly carefully.

[Sir Gavin Williamson (Stone, Great Wyrley and Penkridge) (Con)]

The Syrian Democratic Forces have been an incredibly important ally to the United Kingdom and many other countries in pursuing and degrading Islamic State over a long period of time. Will the Minister assure the House that we will continue to give them as much support, including humanitarian support, as possible to establish and continue the stability that there has been in north-east Syria as a result of their work?

[Hamish Falconer]

The Syrian Democratic Forces are a member of the global coalition against Daesh, and they play an important role. We engage with them regularly—both the SDF themselves and the democratic Autonomous Administration of North and East Syria—and we will continue to do so.

[David Taylor (Hemel Hempstead) (Lab)]

I welcome the Minister’s statement and particularly the emphasis on protecting civilians. I associate myself with the remarks of my hon. Friends the Members for Rotherham (Sarah Champion) and for East Renfrewshire (Blair McDougall) in paying tribute to Jo. I am convinced that if she was still with us, British policy on Syria would have been markedly better than it unfortunately has been over the past few years.

A particular concern over that time is that debates in this Chamber and beyond have not had Syrian voices. I was grateful to hear that the Minister, and the International Development Committee, will meet the White Helmets, which is fantastic. Would he also agree to meet me and the Syrian British Consortium—a group of Syrian activists in the UK—to discuss our policy towards Syria and how their voices can shape the debate going forward?

[Hamish Falconer]

Yes.

[Richard Foord (Honiton and Sidmouth) (LD)]

I would like to build on the question posed by the right hon. Member for South West Wiltshire (Dr Murrison). Between 2014 and 2020, almost all Syrians who were given asylum in the UK applied from the region. The vulnerable persons resettlement scheme did not require Syrians to make it to the UK before applying; the small numbers who were successful had to apply through Syria’s neighbours, such as Jordan. Does the Minister recognise that this safe and legal route encouraged asylum seekers to apply from the region, and it also deterred them from making their way across Europe to the UK?

[Hamish Falconer]

I am sorry; I am not sure I followed the question. Perhaps the Member can have another go.

[Richard Foord]

rose—

[Mr Calvin Bailey (Leyton and Wanstead) (Lab)]

I would try to repeat the question, but I did not catch it myself.

I hope that it is recognised how interconnected the conflicts are in the region, which includes connections to Russia, Iran, Israel, Lebanon, Turkey, Iraq and even further afield. This escalation creates serious risks not only for the population of the immediate area, but for regional stability. How can we recognise that in our security and diplomatic policy? What measures are the Government taking to look at this collective series of risks that are increasingly interconnected?

[Hamish Falconer]

My hon. Friend is right that the security situation in the region is interlinked. Clearly, what is happening in Lebanon, in Iran and, indeed, in Moscow, as the right hon. Member for South West Wiltshire (Dr Murrison) mentioned, is having an effect in north-west Syria. I am concerned by reports of militia groups reinforcing the Syrian regime from Iraq and by reports of Hezbollah’s actions in Syria. I assure my hon. Friend that we take a regional approach to these issues. I am the Minister responsible for all these areas, and we view them in the round.

[Madam Deputy Speaker]

I call Stephen Gethins, whose question will no doubt be very clear.

[Stephen Gethins (Arbroath and Broughty Ferry) (SNP)]

Thank you, Madam Deputy Speaker; hopefully I will be clear in my question.

I concur with the Minister’s reflection on the devastating humanitarian consequences over the past 13 years. On the interconnectivity of conflicts, he mentioned the Russian attacks, which he will agree are of a similar nature to those we have seen elsewhere targeting civilian infrastructure. As such, what discussions has he had with European partners in particular, given the lack of reliance we may soon have on the United States, when it comes to a common approach on any political process, the targeting of disinformation, such as that rightly highlighted by the White Helmets, and a humanitarian response to international agencies?

[Hamish Falconer]

We issued a statement jointly with the French and the Germans over the weekend. We remain in close co-ordination on humanitarian matters and, as I think the hon. Member was alluding to, on the importance of ensuring that the Russians understand that there is a common European position and that we are appalled by the kind of targeting of civilians we have seen in north-west Syria and in so many other places by Moscow.

[John Slinger (Rugby) (Lab)]

I spoke today to a contact in the moderate Syrian opposition. I would be grateful for the Minister’s view of my contact’s assessment that the Assad regime appears weak without its allies’ backing, that many malign actors have noticed that events in Aleppo indicate greater regime fragility than imagined, and that problems will continue while the regime persists. Though recent events are somewhat unexpected, could he expand on how the British Government, working with allies, can foster much-needed democratic transition for the Syrian people?

[Hamish Falconer]

I pay tribute to my hon. Friend’s work on issues in the region over many years. We are calling for a resolution of this conflict in line with UN Security Council resolution 2254. It is vital that there is a political resolution. Assad’s regime has been demonstrated on this day, as on many other days over the last 13 years, not to be the answer. It is not a sustainable position for the Syrians. We call on all parties to re-engage with the political process in line with the Security Council resolution.

[Sammy Wilson (East Antrim) (DUP)]

Once again, we find the people of Syria squeezed between two vicious regimes: the Assad regime and the terrorists. We know from what has happened in the past that they will again be subjected to barrel bombs and find themselves cowering in basements, that they will be denied basic medical facilities and so on, and that they will flee. Are we pre-empting where bases and camps might be set up based on what we know from the past about the kinds of routes that people are likely to take? More importantly, given that minorities have been persecuted in such camps, have we put in place arrangements to safeguard them, and, as was suggested earlier, to assess asylum claims in those camps, rather than forcing people to flee across Europe in the hope that they get asylum once they reach the coast?

[Hamish Falconer]

As the frontlines move in north-west Syria, it is hard to work out where vulnerable people will settle. We are worried that this latest round of conflict will drive further displacement, and that that displacement will head towards Europe. Earlier, the Home Secretary spoke a little about the measures that she is taking to ensure that those movements towards Europe are done in the most managed way as possible. I share the right hon. Member’s concern about the benighted people of Syria, particularly in north-west Syria, who are under the most extreme pressures. We are undertaking rapid assessments of how best to assist them.

[Dr Scott Arthur (Edinburgh South West) (Lab)]

This appears to be a completely intractable situation, but I wish the Minister well on his trip. As my hon. Friend the Member for Leyton and Wanstead (Mr Bailey) made clear, Iran has its fingers in many of the conflicts and tensions right across the region. I am sure that we all stand in complete solidarity with the ordinary Iranian people. I can only conclude that sanctions are not working.

[Hamish Falconer]

Let me talk about two sets of sanctions—and I apologise to my hon. Friend if I talk about the wrong ones. First, we have extant sanctions on Syria. I was recently in the House to amend them so that they do not unduly press on humanitarian agencies. Let me take this opportunity to say that we are doing everything we can to ensure that our own sanctions regime—vital and important as it is to signal and take real action against the Assad regime—is sufficiently flexible to enable humanitarian work. Secondly, our sanctions on Iran continue to play an important role in responding to Iran’s malign actions across the region, including in Syria.

[Jim Shannon (Strangford) (DUP)]

This scenario is one in which we are considering the lesser of two evils in Syria, and I do not have enough information to gauge which that may be. However, as always, my concern is about what steps the Government are taking to secure food and water for 4 million women and children, and to provide freedom from sexual abuse and depravity. What more can we in this House do collectively to help those in need?

[Hamish Falconer]

I regret to tell the hon. Member that the Syrian people have to choose between more than two evils. There is a multiplicity of actors in the region, and that multiplicity makes humanitarian access particularly complex at the moment. We are focused on ensuring that there are routes for humanitarian aid into north-west Syria—that was one of the topics of my discussions with my Turkish equivalent earlier today—and we are keen to ensure that there are humanitarian routes out for those who might be affected, including the minorities who I know are on the minds of the hon. Member and others across the House.

[Dr Rupa Huq (Ealing Central and Acton) (Lab)]

Christian minority families find themselves facing jihadist terrorists and Russian airstrikes. The family of my Acton constituent Waheba fled to Aleppo 10 years ago from their original city of Al-Tabqah. She wonders whether there could be some kind of Ukrainian-style resettlement scheme for Syrians with blood ties here.

[Hamish Falconer]

In these early days of the conflict, we are focused on events in Syria, but I am happy to write to my hon. Friend with details about what else we might do.

Pakistan: Freedom of Religion

Hamish Falconer Excerpts

Thursday 28th November 2024 Commons Chamber

[The Parliamentary Under-Secretary of State for Foreign, Commonwealth and Development Affairs (Hamish Falconer)]

I am grateful to the hon. Member for Strangford (Jim Shannon) for securing this important debate. I pay tribute to his work as the co-chair of the all-party parliamentary group for international freedom of religion or belief. I know he has been engaged on these issues for some time. I note that the group visited Pakistan last year and published important recommendations for improving the state of freedom of religion. Its commitment to defending the rights of vulnerable communities across the globe does not go unnoticed. I am grateful, too, for the contributions of other hon. Members. I join the shadow Minister in paying tribute to the service of my hon. Friend the Member for Halesowen (Alex Ballinger) in Pakistan. I will respond to the points raised and highlight what the UK is doing to help protect the rights of minorities in Pakistan.

I would like to reassure the House that I was in Pakistan last week. I was the first British Government Minister to visit for some years—more than two, I believe— and, as I understand it, I am the only G7 Minister to have visited Pakistan this year. As the House knows, and has been clear from the debate, Pakistan is an important country, a strategic country, and it is important that we stay engaged in the full range of issues going on in that country. On that note, Madam Deputy Speaker, I hope you will allow me to provide some brief comments on current events in Pakistan.

I am deeply concerned by the reports of loss of life arising from this week’s protests in Islamabad, which I know have been followed very closely in the House. The UK Government support individuals’ rights to protest, and urge the Pakistani authorities to respect those fundamental freedoms. We are closely monitoring the situation, including the potential impact on British nationals. We are concerned by reports that a number of journalists have gone missing following the protests, including Matiullah Jan, a respected Pakistani journalist and a Chevening scholar. The UK remains committed to media freedom and the protection of journalists. We will urge the authorities to ensure the safe return of all journalists.

I also want to express my sincere condolences to all those affected by the abhorrent violence in Kurram over the past week. My thoughts are with the families of those killed and injured. We hope that a peaceful resolution can be reached. We remain in contact with the relevant individuals.

My right hon. Friend the Member for Hayes and Harlington (John McDonnell) asked about the situation in relation to the Baloch, in particular the protests led by women in Balochistan. I am aware of reports of enforced disappearances. The UK strongly condemns any instances of extrajudicial killings or enforced disappearances. We urge states to investigate any allegations fully, to prosecute those responsible and to provide justice to victims and their families. We continue to encourage progress towards the criminalisation of enforced disappearances in Pakistan.

Britain has a long relationship with Pakistan founded on our shared history and warm ties between our people. We have heard some of that today. Like my hon. Friend the Member for Halesowen, I served in Pakistan in 2010 when some of the incidents referred to this afternoon occurred, including the concerning incident with Asia Bibi. As I said, last week I had the pleasure of visiting this beautiful country. I met Ministers, businesses and religious leaders. I can reassure the House that in all my engagements I raised some of these important issues.

We know that many minorities in Pakistan face injustices, including structural discrimination, economic exclusion and wider social intolerance. I share Members’ concerns about the increasing misuse of Pakistan’s blasphemy laws. Too often these laws are used to settle personal vendettas, with insufficient evidence or safeguards for those accused. Once an accusation is made, there is a high risk of vigilante violence. For example, in May an elderly Christian man died of his injuries following an assault by a large mob in Punjab. These abhorrent attacks form part of a wider pattern of discrimination and violence towards marginalised religious communities.

[Jim Shannon]

Frequently, when accusations are made—accusations that are often vexatious and malicious, with no evidential basis whatsoever—the police stand by and do nothing to control the mob violence. Could the Minister perhaps take that on board when he next has discussions with the Pakistani Government? We want a Pakistan police force that is independent and applies the same rule of law to everyone, but it is clear that that is not currently the case.

[Hamish Falconer]

I raised the specific question of how policing operates in relation to religious minorities with the Pakistani Minister for Law and Human Rights, the Minister for Interior, and personnel from Pakistan’s security establishment just last week.

Let me now turn to the subject of Ahmadi Muslims in Pakistan, who, as many have pointed out this afternoon, continue to receive threats from extremist groups. Regrettably, a number have been murdered. The practices of forced marriage and conversion are devastating the lives of women and girls from minority religious communities. We in the House should welcome small positive steps, such as an amendment to the Christian Marriage Act 1872 to equalise the age of marriage between Christian boys and girls in Punjab, but more clearly needs to be done to protect the rights of both Muslim and religious minority girls across Pakistan.

Let me now say a little about what the UK is doing to help. This Government recognise the central importance of promoting a more open society in Pakistan. We regularly engage with its Government, with like-minded partners and with other stakeholders to raise concerns and discuss ways of protecting marginalised communities. Generally, our assessment is that private engagement with Pakistan’s authorities is the most effective way to get our messages across. My recent visit was an excellent opportunity to convey those messages to an array of senior Ministers. I met the Human Rights Minister to discuss the importance of promoting religious tolerance and harmony. I highlighted concerns about recent incidents of blasphemy-related violence and the misuse of blasphemy laws. I also raised the issues of forced marriage and conversion, and the Minister assured me that efforts were under way to pass new legislation to help address it. I met the Minister of Interior as well, alongside with the British high commissioner. We underlined concerns about threats of violence towards Ahmadi Muslims, and stressed the need for police protection. Again, we received assurances that the authorities would work harder to protect minority communities.

The hon. Member for Sutton and Cheam (Luke Taylor) expressed concern about his constituents in the UK. While policing is clearly a matter independent from the Government, this Government will do everything—as one would expect—to ensure the freedom of religious belief and ensure that religious minorities feel protected here.

Since my visit, the high commissioner has spoken to the Punjab Minister for Minority Affairs about some of the incidents that have been described this afternoon. She raised concerns regarding extremist threats made against minority groups, including Ahmadi Muslims, and pushed for more action on forced marriage and conversion.

To maximise the impact of our engagements, we co-ordinate closely with the wider international community and work alongside international organisations such as the International Labour Organisation in relation to the forced labour of children in brick kilns, which I even witnessed many years ago when I served in Pakistan.

[Jim Shannon]

Many people whose young female children have been abducted and kidnapped for the purpose of marriage are probably illiterate—I am just being observational here—and do not understand the paperwork in front of them. When our deputation was in Pakistan back in 2023, we suggested that a legal representative should be made available to each of those people to take their cases forward. It is a simple measure, but it would be incredibly effective.

[Hamish Falconer]

I thank the hon. Member for his consideration of these issues. I am happy to write to him in more detail about what we are doing in Pakistan to try to ensure that women and girls, both from minority communities and across the whole of Pakistan, are able to prosecute their rights. Questions about illiteracy are clearly relevant, but I am afraid that a far wider range of issues make it hard for women and girls across Pakistan to assert their full rights.

During my trip, I was pleased to visit Pakistan’s national mosque, the Faisal mosque. I met the Grand Imam, Dr Muhammad Ilyas, and we discussed the importance of promoting interfaith harmony and tolerance. Such engagements are a vital part of the UK’s approach to freedom of religion or belief, a principle that must be supported across all communities in Pakistan.

Members have posed questions about our aid programme, so I will briefly comment on that. Alongside our diplomatic engagement, I am glad that the UK’s targeted aid programmes are helping to protect human rights and boost inclusion. For example, our £47 million accountability and inclusion programme helps to change social behaviour and promote interfaith harmony by encouraging dialogue between influential community leaders. Following the Sargodha attacks in May, the programme prevented further violence by helping to engage with the police to identify tensions and resolve community disputes at the local level. We also raise awareness about the harms of early enforced marriages, and have reached over 35 million people with our messaging to date.

I note the comments from my right hon. Friend the Member for Hayes and Harlington about aid conditionality. We try to ensure that our aid is closely targeted. Where there are concerns, we raise them diplomatically, and our aid programme is an important component of our contribution towards trying to address these issues in Pakistan.

Members also raised the issue of modern slavery. I commend representatives of both Houses for raising awareness of this issue in Pakistan. I saw it with my own eyes during my service, and I know that many Members of the House have seen it too.

We are supporting Pakistan’s Government to improve laws and strengthen related systems in order to protect marginalised and vulnerable groups. We have supported the Pakistani authorities to undertake the first child labour surveys in Khyber Pakhtunkhwa, Punjab and Balochistan. The data is being used to shape policies on child bonded labour, including forming systems to protect children. We have also helped set up eight child courts across Pakistan to provide justice for victims of child abuse, child trafficking and child marriage. As these examples show, we are determined to ensure that aid reaches those who need it most.

Let me turn to the points made about the special envoy. I understand that Ministers are considering the role, and we should be in a position to update the House soon. I pay tribute to the previous envoys. As I hope the House can see, this Government will remain focused on these issues, in Pakistan and elsewhere, with or without an envoy.

This Government place freedom of religion or belief at the heart of our work in Pakistan, and it was a major part of my visit last week. Pakistan must be open and tolerant, and we will continue to work with its Government and all key stakeholders, including this House, towards that end.

Oral Answers to Questions

Hamish Falconer Excerpts

Tuesday 26th November 2024 Commons Chamber

[Fabian Hamilton (Leeds North East) (Lab)]

1. What steps he is taking to help increase the UK’s soft power.

[The Parliamentary Under-Secretary of State for Foreign, Commonwealth and Development Affairs (Hamish Falconer)]

As these are the first departmental questions since the appointment of the shadow Foreign Secretary, the right hon. Member for Witham (Priti Patel), I welcome the shadow Front-Bench team to their place.

Alongside the Secretary of State for Culture, Media and Sport, my right hon. Friend the Member for Wigan (Lisa Nandy), the Foreign Secretary is establishing a new soft power council to advise Government and shape a new strategy to increase UK soft power and enhance it to deliver our foreign policy objectives. Promoting all our soft power assets, including the British Council, the BBC World Service, scholarships and values, is crucial if we are to generate growth, security and global impact for the UK.

[Fabian Hamilton]

The Government’s commitment to UK soft power was highlighted by the Chancellor’s additional funding for the BBC World Service in the recent Budget. Last week, I met Moldovan MPs, who are on the frontline of Russian aggression. They really valued the British Council’s presence, but it had to close owing to funding cuts. Does the Minister agree that it would be detrimental to Britain’s place on the world stage if the British Council was forced to close more offices, particularly where British values of freedom and democracy are needed most?

[Hamish Falconer]

The Foreign Secretary has made it clear that the UK is committed to supporting Moldova’s democratic choice to pursue a path of freedom, independence and European integration. The FCDO provided £511 million in grant in aid funding for the 2022 to 2025 spending review period. In an increasingly digital age, the British Council’s impact should be judged by operational, rather than physical, presence. The council retains a physical presence in over 100 countries. Those in other countries still access cultural engagements and teaching activities online.

[Mr Andrew Mitchell (Sutton Coldfield) (Con)]

May I wish the new shadow Foreign Secretary, my right hon. Friend the Member for Witham (Priti Patel), every success in her role? May I also wish the Minister and the entire Government foreign affairs team courage and wisdom as they deal with a world more dangerous than at any time in our lives? When it comes to soft power and development, I remind them of the importance of the words best articulated by former US Defence Secretary Mattis: “If you cut development spend, you have to order more ammunition.”

[Hamish Falconer]

I pay tribute to the right hon. Member’s long commitment to these issues. I returned last week from Pakistan where I was first deployed when he was the Secretary of State for International Development, so I know well his commitment to the issues over a long period.

I agree with the sentiments of the right hon. Member’s question. The aid budget is incredibly important and makes a significant contribution to our national security right across the world. We continue to work hard to ensure that our aid budget is fit for purpose and does the job it needs to do on behalf of the UK right across the world.

[Mr Speaker]

I call a new member of the Front Bench: the shadow Minister.

[Wendy Morton (Aldridge-Brownhills) (Con)]

Thank you, Mr Speaker. Whether it is the findings of the election monitors in Georgia, interference in the recent elections in Moldova, the illegal invasion of Ukraine, or the chill felt from the Baltics to Bucharest, Europe today is a much more contested space. This is the moment to pin our colours to the mast and be much more active in supporting those with Euro-Atlantic aspirations. How will the Minister build on the efforts of the last Government and use our considerable soft power to be much more proactive?

[Hamish Falconer]

We continue to engage heavily on those issues—the Foreign Secretary was in Moldova last week. We are committed to enhancing the UK’s soft power after a period of decline, and that is why the Foreign Secretary will be launching the soft power council with my right hon. Friend the Secretary of State for Culture, Media and Sport in the coming weeks.

[Clive Jones (Wokingham) (LD)]

2. What assessment he has made of the potential merits of sanctioning violent illegal Israeli settlers.

--- Later in debate ---

[John Lamont (Berwickshire, Roxburgh and Selkirk) (Con)]

5. What diplomatic steps he is taking with his international counterparts to help secure the release of hostages held by Hamas in Gaza.

[The Parliamentary Under-Secretary of State for Foreign, Commonwealth and Development Affairs (Hamish Falconer)]

Ensuring the safe release of all hostages, including British national Emily Damari and three other hostages with strong UK links, remains a top priority for this Government. We support the efforts of negotiators and call on the parties to return to negotiations. We continue to work alongside allies and partners in the region towards securing hostage releases. Negotiations remain the best chance to get hostages, cruelly detained by Hamas, home to their loved ones. I relayed these points to the Israeli deputy Foreign Minister yesterday.

[John Lamont]

The horrors endured by the 97 Israelis and foreign nationals held hostage by Hamas terrorists in Gaza for over 13 months are unthinkable. Given that the efforts to secure their release have not yet been successful, what further steps is the United Kingdom taking to bring home Emily Damari, a 28-year-old British citizen, and the rest of the captives?

[Hamish Falconer]

I am sure that the whole House will join me in saying to those families that we, as a House and a Government, will do absolutely everything we can. The horrors of being a hostage family are unbearable, and we have them in our mind each and every day. We are disappointed that talks to secure hostage releases appear to have stalled for the moment. We are urging all parties to return to the table. A deal remains the best prospect and we hope to work with our allies to see that come through.

[Ms Polly Billington (East Thanet) (Lab)]

On Friday, on account of a negative vote cast by a permanent member, the Security Council failed to adopt a text put forward by its 10 elected members calling for an immediate, unconditional and permanent ceasefire in Gaza and demanding the release of all hostages. That is extremely disappointing, as it condemns thousands of people in the middle east to ongoing conflict and moves no further forward to securing the release of the hostages held by Hamas in Gaza, although I and many of my constituents welcome the fact that the UK voted for that resolution. What will the Minister’s next steps be in achieving greater global agreement on securing peace, a ceasefire and the release of the hostages?

[Hamish Falconer]

This Government will continue to do everything we can to press for a ceasefire, the release of all hostages and a reduction in violence in the middle east. The Foreign Secretary discussed these matters in the G7 and I discussed them with my Israeli counterpart yesterday, and we will continue to take all steps across a wide range of different conversations to try to advance the ceasefire that we so desperately need.

[Mr Speaker]

I call the shadow Foreign Secretary.

[Priti Patel (Witham) (Con)]

Last week, I spoke with Mandy Damari. The Minister has mentioned Emily, and I know the Foreign Secretary and his team have been in touch with the family as well. She and many other hostage families are going through the most unimaginable suffering, so can the Minister, on behalf of the Foreign Secretary, confirm whether any aid organisations have had humanitarian access to the hostages, and if not, what pressure is being exerted on those agencies? Clearly, welfare concerns are paramount, but these poor families are also suffering unimaginable horrors and our aid budget needs to be spent in the right way, so can the Minister tell us what work is being undertaken?

[Hamish Falconer]

Regrettably, no organisation has had access to the hostages. We continue to call for access for the International Committee of the Red Cross and any other appropriate non-governmental organisation in the usual way. Let us be clear: Hamas hold these hostages, and they are behaving abominably and outwith any international norm. They are not abiding by any convention that we could think of. We will continue to press them to ensure that there is the required access to British nationals, but it is regrettable for the whole House that we are in this position.

[James MacCleary (Lewes) (LD)]

6. What recent discussions he has had with his EU counterparts on security and defence co-operation.

--- Later in debate ---

[Bradley Thomas (Bromsgrove) (Con)]

Does the Minister agree that the ICC’s decision does nothing to help secure the release of hostages, deliver more aid into Gaza or deliver a sustainable end to the war in the middle east?

[The Parliamentary Under-Secretary of State for Foreign, Commonwealth and Development Affairs (Hamish Falconer)]

As I set out to the House yesterday afternoon, the ICC is the primary method of accountability for war crimes, and it should be supported across the whole House. Our support for the ICC does not limit the actions we take in relation to the other issues. We have already talked about hostages this morning and about the vital importance of the ceasefire, and we will continue to—

[Mr Speaker]

Order. I call Alan Strickland.

--- Later in debate ---

[Hamish Falconer]

I can assure my hon. Friend that His Majesty’s ambassador to Iran will continue to raise this appalling issue directly with Iranian officials in Tehran. Furthermore, the UK was instrumental in the adoption of the Iran human rights resolution at the UN Third Committee last week. The resolution calls on Iran to establish a moratorium on executions and to end reprisals against women human rights defenders.

[Aphra Brandreth (Chester South and Eddisbury) (Con)]

The Government have indicated that they would arrest the democratically elected Prime Minister of Israel. Doing so would contradict an Act of Parliament and breach state and diplomatic immunity. Will the Foreign Secretary tell the House whether he believes compliance with the ICC’s decision sets a precedent for future decisions of a similar nature? Is he not concerned that he is contradicting international norms?

[Hamish Falconer]

We considered this question at exhaustive length yesterday. I repeat that the shadow Attorney General has written on the question of which elements of international law are most properly followed in this case, and the Attorney General is set to respond, although we suspect that this case would go to the courts in the usual way.

[Rachel Blake (Cities of London and Westminster) (Lab/Co-op)]

My constituent, the British citizen Jimmy Lai, is in failing health, and I thank the Foreign Secretary and his Department for all their work to uphold his rights under international law. Can the Foreign Secretary share his assessment of the scale of international support for Jimmy Lai’s release?

--- Later in debate ---

[Mr Speaker]

Too long.

[Hamish Falconer]

I can assure my hon. Friend the Member for Tooting (Dr Allin-Khan) that the UK Government intend to stand by our international obligations in relation to the ICC, and in relation to many other things, too.

[Richard Burgon (Leeds East) (Ind)]

After the issuing of the arrest warrants against Israeli Prime Minister Netanyahu, can the Foreign Secretary confirm when the Government will impose the scale of sanctions on Israel, not just individuals, that the Government rightly imposed on Russia after the ICC issued an arrest warrant against Putin? A war crime is a war crime, and an arrest warrant is an arrest warrant. All lives are equal, and we must ensure that there can be no accusations of double standards.

[Hamish Falconer]

Since the Government took office in July, I hope it has been clear how important questions of international law are to us, how soberly we treat these issues and how we ensure that in all matters, including in relation to the ICC cases that my hon. Friend describes, we follow due process, which is what we intend to do in relation to the ICC.

[Kim Johnson (Liverpool Riverside) (Lab)]

The civil war in Sudan is estimated to have killed around 150,000 people and displaced 14 million. UNICEF and the UN World Food Programme say that, unless efforts are stepped up, more than 700,000 children are projected to suffer acute malnutrition, so can the Minister tell us what steps the UK is taking as the UN penholder to end this malnutrition and support the Sudanese?

Israel-Gaza Conflict: Arrest Warrants

Hamish Falconer Excerpts

Monday 25th November 2024 Commons Chamber

[Priti Patel (Witham) (Con)]

(Urgent Question): To ask the Secretary of State for Foreign, Commonwealth and Development Affairs if he will make a statement on the Government’s response to the decision taken by the International Criminal Court’s pre-trial chamber I to issue arrest warrants in respect of the Israel-Gaza conflict.

[The Parliamentary Under-Secretary of State for Foreign, Commonwealth and Development Affairs (Hamish Falconer)]

Last Thursday, judges at the International Criminal Court issued arrest warrants for the Israeli Prime Minister Benjamin Netanyahu, former Defence Minister Yoav Gallant and the reportedly deceased Mohammed Diab Ibrahim al-Masri, commonly known as Deif, commander-in-chief of the military wing of Hamas.

The ICC is the primary international institution for investigating and prosecuting the most serious crimes of international concern. It is actively investigating allegations of the gravest crimes in countries around the world, including Ukraine, Sudan and Libya. In line with this Government’s stated commitment to the rule of law, we respect the independence of the ICC. We will comply with our international obligations. There is a domestic legal process through our independent courts that determines whether to endorse an arrest warrant by the ICC in accordance with the International Criminal Court Act 2001. That process has never been tested, because the UK has never been visited by an ICC indictee. If there were such a visit to the UK, there would be a court process, and due process would be followed in relation to those issues.

There is no moral equivalence between Israel, a democracy, and Hamas and Lebanese Hezbollah, two terrorist organisations. This Government have been clear that Israel has a right to defend itself in accordance with international law. That right is not under question, and the Court’s approval of the warrants last week does not change that. Israel is of course a partner across UK priorities, including trade, investment, security and science and technology. We co-operate across a wide range of issues for our mutual benefit.

This Government remain focused on pushing for an immediate ceasefire to bring an end to the devastating violence in Gaza. That is essential to protect civilians, ensure the release of hostages and increase humanitarian aid into Gaza. We have always said that diplomacy is what will see an end to this conflict, and that can only be achieved through dialogue. It is in the long-term interests of the Israelis, Palestinians and the wider region to agree to a ceasefire deal urgently and bring this devastating conflict to an end.

[Priti Patel]

The International Criminal Court’s decision to issue arrest warrants for the state of Israel’s Prime Minister Benjamin Netanyahu and its former Defence Minister Yoav Gallant will do nothing to help secure the release of those poor hostages, who have been held captive by Hamas for more than a year. It will not help to get more aid into Gaza, and it will not deliver a sustainable end to this awful conflict. In charging Israeli leaders alongside Hamas, the ICC appears to be drawing a moral equivalence between Israel’s war of self-defence and Hamas terrorism. We utterly reject any moral equivalence. The only beneficiaries of this decision are Hamas and their terrorist sponsors, Iran, who are now celebrating this propaganda coup as a great victory for Hamas and Hezbollah. Since the ICC’s decision, we have had dither from Ministers, confused messaging and no clarity, so I am grateful to the Minister for his remarks today.

The Government have indicated already that they will seek to enforce these warrants through our own courts, and there is a process around that. On the issue of warrants, we have expressed serious concerns over process, jurisdiction and the position on the complementarity principle. We believe that the warrants for Mr Netanyahu and Mr Gallant have no basis in international law. Do the Government believe that the Court has jurisdiction in this case, given that Israel is not party to the Rome statute and Palestine is not a recognised state? Does the Minister agree that the ICC must act within legal norms?

In the absence of the ICC making public the specific context of the charges, does the Minister share the concerns expressed about reports of process errors in the ICC’s investigation and the concerns expressed by Lord Macdonald, the former Director of Public Prosecutions, about the use by the prosecutor of an expert panel? Finally, but crucially, what effect does the Minister believe that Mr Netanyahu’s immunity under international law as a serving Prime Minister of a country that is not a state party has on enforcing these warrants in the UK’s own courts?

These are important questions on which I look forward to the Minister’s response. He has already spoken about securing the release of hostages and more aid coming into Gaza, but at this time when such a conflict is taking place, it is important that we have clarity from the Government.

[Hamish Falconer]

I welcome the questions from the right hon. Member across the Benches. Utmost in the Government’s mind is the need to bring an immediate end to the conflict in Gaza and to secure the release of the hostages, whose families I have met. She knows that I am familiar with these issues from my previous life. We also need to see more aid going into Gaza. The questions at issue with the ICC are separate from that.

Diplomacy will continue regardless of the ICC process. But I had understood it to be the common position of the House that the international rule of law is an important commitment. The International Criminal Court is an important body—the primary body—in enforcing those norms, and the issues on jurisdiction and complementarity were heard by the pre-trial chamber. Its three judges issued their findings. I think we should respect those.

[Madam Deputy Speaker (Judith Cummins)]

I call the Chair of the Foreign Affairs Committee.

[Emily Thornberry (Islington South and Finsbury) (Lab)]

The International Criminal Court was created when 120 countries put their names to the Rome statute and signed up to the principle that certain basic standards of behaviour must be enforced internationally, with those laws applicable to everyone, no matter who they were. From the time when Winston Churchill led the Conservative party, this country has been a proud supporter of international law. It is wrong for us to try to undermine it. Does my hon. Friend share my deep disappointment that the Conservatives have fallen as far as they have?

[Hamish Falconer]

As I think has been clear from our actions from July when we became the Government, the international rule of law is incredibly important to this Government. All our actions will be guided by it.

[Madam Deputy Speaker]

I call the Liberal Democrat spokesperson.

[Calum Miller (Bicester and Woodstock) (LD)]

The conflict between Israel and Hamas has had a devastating impact on Palestinian and Israeli civilians, with women and children paying a particularly terrible price. Now that the International Criminal Court has issued arrest warrants for those it believes are culpable, the UK has obligations under international law, which we must uphold. The previous Conservative Government chose to be selective with those obligations when it came to the ICC’s jurisdiction in the Occupied Palestinian Territories. That was deeply regrettable and damaging for our country, and I greatly regret that Conservative Front-Bench Members are pursuing that same line today.

It is right that the Government have committed to uphold the ruling, and I welcome the Minister’s statement that they will support the process to enforce the arrest warrants. Does the Minister share my concern about the words of Republican Senator Lindsey Graham, who has proposed sanctioning nations—including the UK—who uphold the ruling? Will he outline the specific new steps that the Government are taking to secure an immediate bilateral ceasefire with all parties, so that we can put a stop to the humanitarian disaster in Gaza, get the hostages home and open the door to a two-state solution?

[Hamish Falconer]

Every member of the Government—most particularly the Foreign Secretary and the rest of the Foreign Office ministerial team—is engaged every day, including this morning, in pressing all parties for an immediate ceasefire in Gaza, for an immediate ceasefire in Lebanon, and for a de-escalation of violence in Gaza and the Occupied Palestinian Territories, but also more broadly in the middle east, where violence remains far too high.

[Andy Slaughter (Hammersmith and Chiswick) (Lab)]

The ICC has issued an arrest warrant for the Prime Minister of a democratic state that is a UK ally, having found that there are reasonable grounds that he is responsible for war crimes and crimes against humanity. Does that not call for action as well as words from the UK Government, which might include ending trade with illegal settlements, the sanctioning of members of that Government and settlers, and indeed recognition of the state of Palestine if we are to show not only our disapproval, but how we want to move forward?

[Hamish Falconer]

I recognise my hon. Friend’s long commitment to these issues. As you would expect, Madam Deputy Speaker, I will not comment further on the ICC process, which needs now to carry through in accordance with due process in the way you would expect. On sanctions, which have been discussed before in the Chamber, I am not, in the usual way, at liberty to provide any further commentary on who we might consider for them.

[Sir Oliver Dowden (Hertsmere) (Con)]

Whatever reservations one may have about the conduct of the conflict in Gaza, there are two fundamental principles: first, Netanyahu is a democratically elected leader of a sovereign state; and secondly, that state is conducting a legitimate war of self-defence. The Minister acknowledges those facts, but does he not appreciate how this ruling is seen by many of my constituents as an affront to those principles?

[Hamish Falconer]

I am slightly stumped by the questions from the Opposition. We are signatories to the ICC Act. I think the whole House agrees with the importance of the rule of law. Representations were made to the ICC in the pre-trial chamber, and it has come to its decisions. I think we should respect its independence.

[Mr Tanmanjeet Singh Dhesi (Slough) (Lab)]

I find it shocking but not surprising that the Conservative party has chosen to downgrade and disparage the highly respected International Criminal Court. We are a nation that upholds the rule of law, so I am proud that the new Labour Government have chosen to respect the independence of the ICC in its arrest warrants against Benjamin Netanyahu, Yoav Gallant and Mohammed Deif, on the basis that there are reasonable grounds for their criminal responsibility for potential war crimes. Does the Minister agree that it is important that we respect the independence of that ICC judgment and that, if required, we implement those findings?

[Hamish Falconer]

I am not really able to go much further than to say that there is a domestic legal process, through our independent courts, that would determine whether to endorse an arrest warrant. We would follow due process in the way that hon. Members would expect. This is a decision not for Ministers but for an independent court.

[David Davis (Goole and Pocklington) (Con)]

The Minister may be aware that I have fought the corner for international courts time and again in this House. I view upholding the authority of those courts and their reputation as very important. The difficulty here is not just that Israel is a democracy, but that it has an internal, independent judiciary, which puts a limit on what any Government can do in Israel. That is why equating—or appearing to equate—Netanyahu with all the other monsters that the International Criminal Court has quite properly prosecuted risks bringing the court into disrepute.

[Hamish Falconer]

I know that the right hon. Member has looked at these issues over a long period of time. Questions of complementarity are important, and I understand that they were considered by the pre-trial chamber.

[Florence Eshalomi (Vauxhall and Camberwell Green) (Lab/Co-op)]

Several of our allies and international partners have outlined their commitment to fully support the ICC, including Canada, the Netherlands, Sweden, Belgium and Ireland, so I welcome the Government’s commitment to respect the independence of the ICC. Does the Minister agree that it has a high evidential threshold for issuing arrest warrants for alleged perpetrators, which has been demonstrated in this case?

--- Later in debate ---

[Hamish Falconer]

The deliberations of the ICC on this matter have gone on for some time. I think it is clear for all to see the way in which it has proceeded, and I welcome it.

[Layla Moran (Oxford West and Abingdon) (LD)]

Last week I attended a memorial service for the people of Gaza with families of Palestinian origin here in the UK—I believe the Minister has met some of those representatives. We heard from a woman called Kitam, who described how, overnight, she lost 48 members of her family. As she walked back and sat behind me, she broke down in sobs as she remembered so painfully that day. She deserves justice. The issuing of a warrant is not justice. There is still a process to go through and a trial to be had. Is it not right that, whatever the court, those outcomes are adhered to? May I press him on the ruling of the ICJ advisory opinion on the occupation? That ruling is at the core of this: it should mean that we do much more than just meeting those families and sharing in their pain.

[Hamish Falconer]

As the hon. Member alludes to, I have met those families, and many other families who have been so wounded by the conduct of this conflict, over the course of the last year—families on both sides, both the hostage families and the many, many Palestinians and Lebanese who have seen their lives so cruelly turned upside down. As I said earlier, in the end it is only diplomacy that will bring an end to the conflict. We will continue to have contact with all sides, including those indicted. We will continue to press all those with whom we engage to bring an early end to this war. On the ICJ, we have set out our position before. We are considering the judgment carefully. We have provided an explanation of our position so far in the United Nations. It is an important, far-reaching judgment and we hope to be able to say more in due course.

[Sarah Owen (Luton North) (Lab)]

I welcome the Minister’s confirmation that the UK will be upholding the ICC arrest warrant for the Hamas general and Israeli leaders. The ICC found grounds to believe that Netanyahu and Gallant

“each bear criminal responsibility for the war crime of starvation as a method of warfare; and the crimes against humanity of murder, persecution, and other inhumane acts.”

It goes on to refer to

“the war crime of intentionally directing an attack against the civilian population.”

On that last point, what moral justification is there now for continuing arms sales used by Israeli forces at the behest of a Prime Minister accused of such serious war crimes? When will we use every diplomatic lever to stop the killing, free all hostages and stop selling arms to a country led by someone accused of such horrific war crimes?

[Hamish Falconer]

I would like to just be clear that what I have said this afternoon is not that the Government will uphold arrest warrants. What I have been clear about this afternoon is that due process will be followed. These are questions for independent courts in the UK, and it is independent courts that would review the arrest warrants if that situation were to arise.

My hon. Friend asks about aid. I want to be absolutely clear: insufficient aid is getting into Gaza. I travelled, myself, to the Gaza border and saw the restrictions Israel is putting on aid reaching Gaza. Those restrictions have been called out by me and other Foreign Office Ministers day in, day out. We are taking steps with our partners and our allies to try to ensure that people in Gaza have the aid they need as winter comes in, in order to survive. These are grave matters and I understand the frustration right across the House that we have not seen the amount of aid in Gaza that we would like to see. I recognise that people are asking for yet more to be done. On the specific question about the arms licence suspensions announced to the House on 2 September, we will of course keep that under review. We will consider the findings of the ICC in relation to that assessment.

[Stephen Flynn (Aberdeen South) (SNP)]

Last year, the Labour party had to be dragged into accepting that there was a collective punishment of the Palestinian people. Indeed, the hon. Gentleman’s boss said that “war is ugly”. The Labour party earlier this year had to be dragged into even uttering the word ceasefire. Will the Minister show the leadership that his bosses failed to show, and say that if Benjamin Netanyahu’s feet touch the ground in the UK he will comply with the arrest warrant?

[Hamish Falconer]

The right hon. Member says with dismay that war is ugly. War is ugly and we are doing everything that we can to bring it to a close through all the diplomatic measures we would expect. This is not an issue for grandstanding; this is an issue for diplomacy. That is what the Government are committed to.

[Apsana Begum (Poplar and Limehouse) (Ind)]

Surely central to the debate today must be the UK’s ongoing political role as Israel’s close ally, and the fact that UK-made weapons, including components, are still being used by Israel. Does the Minister recognise that beyond the commitment to uphold the ICC’s arrest warrants, the UK’s failure to clearly condemn the collective punishment of civilians—an intent explicitly indicated by key Israeli leading figures—and the continued military support for Israel’s ongoing onslaught in Gaza have serious implications for the UK’s own human rights obligations and the fate of millions of innocent men, women and children?

[Hamish Falconer]

I will not rehearse too much the answers provided on 2 September and on numerous occasions in the Chamber since then. We have suspended, with one exemption—to which I am happy to return—all the arms that we are selling to Israel that could be used in Gaza. That suspension, in our assessment, also covers the west bank and Lebanon. We are taking action in accordance with our commitments under international humanitarian law, and we will continue to do so.

[Sir Bernard Jenkin (Harwich and North Essex) (Con)]

Can we be absolutely clear about what the Government are saying? It seems that the Government are not saying that there would be an automatic arrest should Benjamin Netanyahu arrive in this country, but they are saying that there would due process. Can the Minister confirm that

“customary international law…does not permit the arrest or delivery of the serving Prime Minister of a non-State party to the ICC”?

So the Minister is committing himself to due process but not to arrest. Am I correct in my understanding?

--- Later in debate ---

[Hamish Falconer]

There is a domestic legal process through our independent courts, and we cannot prejudge that process. I note that the shadow Attorney General has written to the Attorney General about questions of detail in relation to some of the points to which the hon. Gentleman has alluded, and the Attorney General tells me that he will be writing back on the subject of those more detailed points.

[Naz Shah (Bradford West) (Lab)]

While we watch and work tirelessly to secure a ceasefire in Gaza—which is really important simply because if children do not see an end in sight, neither do the families in Gaza—does the Minister agree that Britain’s reputation on the world scene as a global leader in upholding justice would be undermined if Britain did not respect the independence of the ICC, which is what Conservative Members are implying?

[Hamish Falconer]

This Government think that adherence to international law, and being seen to adhere to international law, are incredibly important, and in everything we have done since July we have sought to underline that principle, which I hope is one on which the whole House would support us.

[Jeremy Corbyn (Islington North) (Ind)]

The Minister has assured us that the arrest warrants will be carried out, and I hope that is the case, but will he also consider this question? If an arrest warrant has been issued for the leader of a country, and the International Court of Justice has found that country deeply wanting in respect of its behaviour as an occupying power and the war crimes that have been committed, why are we still supplying weapons that are being used in the bombardment of Gaza and destroying life as we speak?

[Hamish Falconer]

As I said in answer to a question from my own Benches, we took steps on 2 September to ensure that, with one exemption—which I am happy to go into—we are not selling arms that are being used and could pose a breach of international humanitarian law in Gaza. That continues to be the position, and it is kept under regular review.

[Abtisam Mohamed (Sheffield Central) (Lab)]

The ICC’s decision is a crucial step towards ensuring justice and accountability for the crimes against humanity committed in Gaza and Israel. It is vital for the Government to act without fear or favour in order to uphold the international rules-based system. War crimes are wrong whoever commits them and wherever they happen, whether they are committed by Russian forces in unlawfully occupied Ukraine or by Israeli forces on unlawfully occupied Palestinian territory. Will the Minister now review all diplomatic, economic and political relations with Israel to ensure that our country is not complicit in the atrocities that are taking place in Gaza, the west bank and Lebanon?

[Hamish Falconer]

I can confirm that the Department and the Government as a whole keep our international obligations under close review, including in relation to the theatres described.

[Monica Harding (Esher and Walton) (LD)]

Last week I was in the west bank and saw for myself the incursions by settlers into the Occupied Palestinian Territories. Following recent comments from Israel’s far-right Finance Minister Bezalel Smotrich, who described in explicit terms the active effort to annex the west bank into Israel, does the Minister agree that now is the time to sanction Smotrich?

[Hamish Falconer]

The comments of Finance Minister Smotrich have been condemned in this Chamber before, and we can reiterate that condemnation. As the hon. Lady would expect, however, we cannot comment on sanctions that may or may not be under consideration in the usual way.

[Matt Western (Warwick and Leamington) (Lab)]

I am no friend of Hamas, but we must remember that Prime Minister Netanyahu promised us intelligence-led precision attacks in Gaza. We have seen daily violation of international law, 43,000 people killed, restrictions on food and aid, and 136 journalists killed. I welcome the Government’s announcement about respecting the ICC’s decision, but may I urge them to consider using all levers, including sanctions against two Israeli Government Ministers, the settlers in the west bank and other organisations operating therein?

[Hamish Falconer]

I will not comment on what sanctions may be under review, for reasons that are well established, but I draw my hon. Friend’s attention to the sanctions that we took in October against Israeli settlers and organisations involved in both breaches of international law and violence in the west bank.

[Bob Blackman (Harrow East) (Con)]

Our closest ally is the United States of America, and there has been widespread condemnation of the issuing of these arrest warrants across Congress. What effect does the Minister think this decision will have on our relationship with the United States of America, and particularly with the incoming Administration, who have very different views?

[Hamish Falconer]

The UK is a state party to the Rome statute, and that brings with it obligations that put us in a different position from that of the US. We will continue to engage with both the current and incoming US Administrations in the shared interest of our two countries and across the full range of our priorities.

[Rachael Maskell (York Central) (Lab/Co-op)]

The atrocities that led to the issuing of arrest warrants continue to this day, not least in healthcare facilities, with devastating stories coming out of Gaza. My hon. Friend has set out his frustration at aid not reaching such facilities, yet more sanctions could be applied by this Government. Why will he not escalate the UK’s response to the Israeli Government by introducing sanctions so that they feel the real pain of our country but also understand that we want to ensure that justice is served by the ICC?

[Hamish Falconer]

I want to reassure the House about how focused the Government are on the question of aid access into Gaza. As I say, I have travelled to the region and raised these issues repeatedly with all parties, including the Israeli Government. We need to see a flood of aid into Gaza. That has been the commitment of the Israeli Government, and I regret that we have not yet seen a flood of aid and that Palestinians are suffering as a consequence. Winter is coming, and Palestinians in Gaza are extremely vulnerable. We will continue to press the Israeli Government to do everything that they can to ensure that more aid reaches Gaza and, indeed, all parts of the Occupied Palestinian Territories that require it. I made these points forcefully this morning, and I will continue to do so.

[Liz Saville Roberts (Dwyfor Meirionnydd) (PC)]

The ICC has issued arrest warrants for crimes including direct attacks on civilians. Open-source information shows that, on average, Royal Air Force reconnaissance flights are going over Gaza nearly four times a day. Although we all seek the information necessary to gain the release of the hostages, how confident is the Minister that the information gathered from those flights and shared with Israel has not been used to facilitate any attacks on civilians?

[Hamish Falconer]

I will not go into operational details, but I can assure the House that the surveillance aircraft are unarmed and do not have a combat role. They are tasked solely with locating hostages, including a British national, and they will continue to do so.

[Andy McDonald (Middlesbrough and Thornaby East) (Lab)]

In response to the right hon. Member for Witham (Priti Patel), I note that the UK under the previous Conservative Government signed an ICC state party statement in support of the ICC and to preserve it from political interference, just before the election. The Foreign Secretary has confirmed the UK’s acceptance of and respect for the ICC arrest warrants for Netanyahu’s war crimes. Therefore, is it not now incumbent on the Government to take effective, concrete steps to prevent further such acts by banning all arms licences to Israel, including those relating to F-35 parts; by imposing sanctions on individuals, on assets and on goods trading with the illegally occupied west bank; and by the urgent recognition of Palestinian statehood?

[Hamish Falconer]

I will not rehearse the points that we have already discussed on sanctions. The Foreign Secretary has set out our position in relation to the suspension of arms licences and the F-35 exemptions, and that remains the position. We will keep our assessments under regular review, including the findings of the ICC.

[Mr Adnan Hussain (Blackburn) (Ind)]

Frankly, I am disappointed that the Government are not giving any clear responses. I therefore ask this question. In October 2023, over 800 experts in international law and in conflict and genocide studies gave a warning of clear prospects of genocide. In November 2023, over 40 United Nations experts called it a “genocide in the making”. We then had the ICJ judgment that called it a “plausible” genocide, and a judge from the ICJ saying:

“The alarm has now been sounded by the Court. All the indicators of genocidal activities are flashing red in Gaza.”

Now we have an arrest warrant. Do this Government stand by their conviction that genocide is not being committed in Gaza—yes or no?

[Hamish Falconer]

It is important that we treat the international institutions with the respect that they deserve. This is an indictment from the ICC and we respect it. The ICJ process to which the hon. Gentleman refers has not found; it is at an advisory opinion stage. We need to treat international law with the respect that it deserves.

[Imran Hussain (Bradford East) (Ind)]

The Minister will be aware that, as well as the ICC’s recent decision to issue arrest warrants, there is now an entire body of international law, including the ICJ’s advisory opinion, adopted by the UN General Assembly, ruling Israel’s occupation of the Palestinian territories illegal, as well as South Africa’s case at the ICJ on genocide, that points towards a clear position in international law. Does the Minister therefore agree that if we are to preserve the integrity of the international rules-based order, we must start by ending the international hypocrisy and double standards and reaffirm that all states, including the UK, have an absolute obligation under international law to act now to bring all those who commit war crimes to justice?

[Hamish Falconer]

I thank my hon. Friend for his question. I want to underline this Government’s commitment in relation to accountability for war crimes. We stand against international crimes of this nature in all places, everywhere, and our commitment to international law is one of the most powerful levers we have in trying to prevent war crimes.

[Paul Holmes (Hamble Valley) (Con)]

I ask for the Minister’s forgiveness because I did not hear whether he answered this question from my right hon. Friend the shadow Foreign Secretary. Is it his understanding that customary international law does not permit the arrest or delivery of a serving Prime Minister of a non-state party to the ICC, and that the UK seeking to arrest such a Prime Minister would not only breach our international obligations but be unlawful under the International Criminal Court Act 2001?

[Hamish Falconer]

For the awareness of the House, the shadow Attorney General has written about the two different legal interpretations of immunity and has sought the Attorney General’s view on these matters. I think the shadow Attorney General acknowledges that this is a case on which the courts are the competent authority, but the Attorney General has undertaken to respond to that letter in due course.

[Mr Toby Perkins (Chesterfield) (Lab)]

The law is the law, and the evidence is the evidence. Whether or not it is politically convenient or diplomatically helpful, the law is the law. The International Criminal Court has been clear, and my hon. Friend is absolutely right to reject the Opposition’s calls to turn this into a political decision. It should remain an independent legal decision for our courts and for the International Criminal Court, and the Minister should continue exactly as he is.

[Hamish Falconer]

I agree.

[Caroline Voaden (South Devon) (LD)]

I welcome the ICC’s decision, and I sincerely hope that we will live up to our international obligations if the Prime Minister of Israel visits the UK. You have said yourself that you regret the fact that more aid is not getting into Gaza, and that you have been calling out the Israeli Government for not letting in more aid. Is it not time to do more than just calling out the Israeli Government and telling them how angry you are? Is it not time to end all arms exports to Israel, impose sanctions, end trade with all the illegal settlements and recognise Palestine as a state?

[Hamish Falconer]

We will continue to press these points with vigour, and we will continue to keep all other measures under review, as I have said.

[Several hon. Members rose—]

[Melanie Ward (Cowdenbeath and Kirkcaldy) (Lab)]

I thought the Conservative party styled itself the party of law and order, but it seems that that is increasingly not the case when it comes to international law. The Government are right to uphold the ICC’s decision, and they were right to vote for last week’s UN Security Council resolution on a ceasefire.

The Minister will be aware that there is increasing evidence, including from organisations such as Human Rights Watch, of the forcible displacement of Palestinians from the north of Gaza. He will be aware that this is a crime against humanity, and that two of the main proponents are Israeli Ministers Smotrich and Ben-Gvir. The Prime Minister has confirmed that the Government are looking at this, so when will the Government move to sanction those Ministers as part of a wider package of further action to uphold international law?

[Hamish Falconer]

We follow reports from northern Gaza closely and with concern, and we have repeatedly raised many of these issues. I will not comment further on sanctions, but I wish to be clear that the forced displacement of Palestinians from Gaza is not consistent with Israel’s obligations.

[Stephen Gethins (Arbroath and Broughty Ferry) (SNP)]

Does the Minister agree that one of our greatest tools against tyranny anywhere is that—friend or foe, rich or poor, elected or unelected—the law applies to everybody, and that the universality of certain crimes means that they can be prosecuted anywhere?

[Hamish Falconer]

As I hope I have made clear this afternoon, this Government are committed to the international rule of law and will continue to be so.

[Zarah Sultana (Coventry South) (Ind)]

Despite what the Minister has said, the Government conceded at the royal courts of justice last week that UK-made F-35 parts could be used in violation of international law in Gaza, and admitted that Israel has shown no commitment to upholding these legal obligations. Despite this, the Government have continued to authorise offensive F-35 arms exports, exposing themselves to criminal liability.

It is disappointing that the Foreign Secretary is not here today, but will the Minister let our constituents know whether the Government will end their complicity in genocide, impose sanctions and end all arms sales? Will he confirm that should Netanyahu, who faces an ICC arrest warrant for war crimes and crimes against humanity, enter UK territory, he will be immediately arrested—yes or no?

--- Later in debate ---

[Hamish Falconer]

I will return briefly to the Foreign Secretary’s statement on 2 September, in which he said that

“suspending all licences for the F-35 programme would undermine the global F-35 supply chain that is vital for the security of the UK, our allies and NATO.”—[Official Report, 2 September 2024; Vol. 753, c. 39.]

He went on to set out how the suspension of arms licences would apply to the direct sale of F-35 components to Israel but would not apply to the global supply chain. That continues to be the position.

[Shockat Adam (Leicester South) (Ind)]

Forty-three thousand dead; possibly 100,000 under the rubble; schools and hospitals destroyed; 16,000 children killed, including by drones and by being shot in the head—many hon. Members said that this was a genocide many months ago. Now that the ICC prosecutor has called Benjamin Netanyahu a potential serious war criminal committing crimes against humanity, does the Minister agree that now is the time to recognise the state of Palestine and end all military and financial co-operation with the Israeli Government while their leaders are essentially international fugitives?

[Hamish Falconer]

I will not rehearse our position on the recognition of the state of Palestine, other than to say that we believe that the Palestinians have an inalienable right to a state alongside a safe and secure Israel. The Government hope to take steps to advance that as part of a contribution to a two-state solution.

The hon. Member suggests, I think, no contact at all with the Israeli Government as a consequence of the ICC ruling. It is only diplomacy that will bring an end to this conflict. We will continue to have direct contact, and in that direct contact we will continue to do all we can to secure an immediate ceasefire, the release of all hostages, aid into Gaza and a more safe, secure and stable middle east.

[John McDonnell (Hayes and Harlington) (Ind)]

I say this to my hon. Friend as constructively as I possibly can: a number of us have sat here for months and have asked questions about sanctions, but the response from Ministers has been to say, “We cannot comment on sanctions in the House.” Not only does that render sanctions ineffective, but it breaks down the accountability of Ministers to this House. We deserve a better statement than that.

On the legal process, my hon. Friend has rightly said that we will respect international law and comply with the International Criminal Court’s jurisdiction and decisions. If I have got the wording right, he said that it will be for the domestic legal processes involved. Where does physical arrest come within that domestic legal process?

[Hamish Falconer]

Let me deal with why we do not provide advance comment on sanctions, and then I will turn to the domestic legal process.

I hear my right hon. Friend. The reason that we do not provide commentary on sanctions is that to do so in advance would reduce their effect. The Minister of State, Foreign, Commonwealth and Development Office—my hon. Friend the Member for Cardiff South and Penarth (Stephen Doughty), who is sitting next to me—may correct me, but I think that we have probably issued upwards of 50 or maybe even 100 sanctions in the short time we have been in government. There has been no shortage of sanctions for this House to comment on. I recognise that the two on which I have most been pressed this afternoon are of intense political interest; however, despite that intense political interest, if we were to prejudge sanctions and trail them in this House before we made them, we would reduce their impact. The same is true of the hundreds of sanctions that we have placed on Russia over the years, and it would be the same in every forum.

In relation to the domestic legal process, I hope that my right hon. Friend will forgive me for not entering too deeply into hypotheticals about how a court might discharge its findings on these matters.

[John Cooper (Dumfries and Galloway) (Con)]

Israel is a democracy. In the past, its courts have shown themselves unafraid to put even senior politicians on trial. What assessment has the Minister made of the Israelis’ own ability to bring human rights cases in their own courts?

[Hamish Falconer]

This is described in international law as the question of complementarity, and it was considered by the pre-trial chamber. Given the independence of the ICC, I do not think it appropriate for me to offer further commentary. Arguments were made by various states on this matter, and the pre-trial chamber came to its findings.

[Afzal Khan (Manchester Rusholme) (Lab)]

Does the Minister agree that as well as demanding an immediate ceasefire, the freeing of all hostages and unhindered aid getting into Gaza, we must ensure that the perpetrators of heinous war crimes and crimes against humanity, whether they are friend or foe, are held to account under international law based on justice that is blind, objective and impartial? Playing politics with courts undermines justice.

[Hamish Falconer]

I thank my hon. Friend for his question. Support for international criminal justice and accountability has traditionally been a matter on which we have had widespread support in this House. It will continue to be a priority for the British Government.

[Ellie Chowns (North Herefordshire) (Green)]

The ICC, the world’s highest criminal court, has “reasonable grounds” to allege that the Israeli leaders are guilty of war crimes and crimes against humanity. The other world court, the International Court of Justice, has found that there is “plausible” risk that Israel is committing genocide against Palestinians and that Israel’s occupation and annexation are unlawful.

I ask the Minister two questions. First, does he agree that the UK has obligations under international law to prevent genocide, to bring Israel’s unlawful occupation to an end and to bring suspected perpetrators of grave breaches of international law to justice? Secondly and quite simply, what will the UK do differently as a result of the decisions of the ICC and the ICJ? The Minister says that he will pull out all the stops. We have heard many suggestions here today, including stopping the export of F-35s. What will the Government do differently?

--- Later in debate ---

[Hamish Falconer]

Do the Government accept that we have international obligations? Indeed we do. I have set out this afternoon how we would discharge them in relation to the ICC; I have also set out the view that we take on the ICJ process. We will continue to do everything we can to ensure that there is proper international justice that all abide by. We are one of the ICC’s major funders: we commit £13.2 million a year to ensure that the ICC can function properly. In everything that this Government do, we are trying to ensure the international rule of law, and we will continue to do so.

[Bell Ribeiro-Addy (Clapham and Brixton Hill) (Lab)]

The UK has a responsibility not just to respect the independence of international courts, but to take active steps to promote compliance with international obligations. When nations or leaders have been accused of committing war crimes, the UK has held itself up as a global leader in placing sanctions. It is unconscionable that in this situation we are yet to stop all sales of arms to Israel. If Israel is accused of committing war crimes, does the continued sale of any arms to Israel not make the UK potentially complicit? Given the gravity of the situation, will the Minister further clarify why he cannot comment on sanctions, or indeed on the other steps that the Government are planning or willing to take to make clear the UK’s condemnation of the continued slaughter of civilians in Gaza?

[Hamish Falconer]

Let me comment on arms sales, as they have been raised again. I will not rehearse the arguments about the F-35 exemption. In relation to the arms that are licensed to be sold to Israel, the category that has been suspended is the category that posed a risk of being involved in breaches of international humanitarian law in Gaza. Those weapons, we also believe, would be the weapons at issue in the west bank and in Lebanon. There is a second category of weapons that are for resale elsewhere, which is not relevant to events in Israel. There is a third category of weapons that are used either for defensive purposes or for purposes with which nobody in this House would disagree: body armour and helmets for aid workers going into Gaza, for example.

I say gently to colleagues across the House that there is not, in the rest of the arms sales, some solution to the dilemma that faces us. The suspension of arms sales has been done carefully and has been aimed at the potential breach of international humanitarian law. It has been reached carefully and judiciously, including in relation to the F-35. That remains the position.

[Dr Neil Shastri-Hurst (Solihull West and Shirley) (Con)]

I have a degree of sympathy with the Minister, who has been asked to substitute in lieu of the Foreign Secretary today, so I will ask him a question of fact. Does he recognise that pursuant to section 23(6) of the International Criminal Court Act 2001, representatives of a non-state party to the Rome statute will remain immune from prosecution unless that non-state party expressly waives that right to the ICC?

[Hamish Falconer]

I do not need sympathy, just careful listening. The same question was asked by the hon. Member for Hamble Valley (Paul Holmes), and the answer is the same. The shadow Attorney General has raised the matter with the Attorney General, and a letter will be sent in due course.

[Richard Burgon (Leeds East) (Ind)]

I must press the Minister on the question of F-35 arms sales. He mentions direct and indirect arms sales, and he says that the indirect arms sales are either irrelevant or impossible to remedy. As I understand it, there is no reason why F-35 parts that are made in the UK, sold to the United States and used by Israel cannot be subject to a conditional licence under which they are sold to the United States with the proviso that they cannot be used in Gaza. Given that, how can it be legally or morally justifiable to continue allowing UK parts for fighter jets that are being used to kill Palestinian children to be exported even indirectly to an Israeli leader who faces an arrest warrant for war crimes and crimes against humanity? We hear about the review, but while that review has been ongoing under the last Government and this one, thousands and thousands of Palestinian civilians have been killed.

[Hamish Falconer]

For clarity, we have suspended arms licences where parts for the F-35 programme are sold directly to Israel. Where they are sold to the global spares pool, it is not possible to disentangle where they go in that pool and see their final destination. That is why we have made the exemption, and it is why we judge that doing so is vital for the security of the UK, for our allies and for NATO.

[Andrew George (St Ives) (LD)]

Does the Minister agree that the cold-blooded slaughter of tens of thousands of innocent people in Gaza cannot be justified as self-defence? Does he also agree that—contrary to the Trumpian line adopted by those on the Conservative Benches—just because a country is a democracy, that does not provide it with blanket immunity from international law?

[Hamish Falconer]

The hon. Member refers to the terrible loss of life in Gaza, which is in the minds and hearts of the whole House. We are a democracy, as much as signatories to petitions may wish otherwise. We abide by international law and we expect our allies to do the same, and we make that point with force.

[Chris Law (Dundee Central) (SNP)]

Let us remind this House why we are here. Benjamin Netanyahu and Yoav Gallant stand accused of very serious crimes: the crime against humanity of murder, and the crime against humanity of persecution and starvation as a weapon of war. Seventy per cent of those killed in this war are innocent women and children. Nobody in this House can think of a war in living memory in which 70% of those killed were women and children.

I want to ask the Minister a very specific question, because he has evaded all of this so far. Can he tell us one concrete step that he will take—apart from executing the arrest warrants, as the UK is obliged to do as a state party to the Rome statute—that we can all tangibly grasp? We would like to hear it, please.

[Hamish Falconer]

I have been clear about what the Government have done and will continue to do. If the hon. Member would like a recap, on the very first morning that I became a Minister, we announced the restoration of funding to UNRWA. We have provided significant aid to the people of Gaza. We have provided aid that has not got into Gaza, and we have raised that with the Israelis. My ministerial colleagues and I have travelled to the region to press these issues, both alone and in company with the French Foreign Minister.

This House is united in its concern about what will happen in Gaza in December. There is no disagreement that insufficient aid has gone in. There are urgent, almost frantic efforts every day in the Foreign, Commonwealth and Development Office to try to ensure that adequate aid reaches the Palestinians. I understand the frustration of this House. We are working as hard as we can and we will continue to do so. We take concrete action each and every day on this issue.

[Tracy Gilbert (Edinburgh North and Leith) (Lab)]

The ICC found that there is no justification under international humanitarian law for the restriction of aid by the Israeli Government. Indeed, the ICC detailed how doctors have been forced to carry out treatments and amputations without anaesthetic, including on children. The Government’s response must include redoubling our efforts to get more aid into Gaza. Can my hon. Friend confirm what pressure is being put on the Israeli Government, in addition to what we have already done, to get more aid into Gaza?

[Hamish Falconer]

In addition to the steps I have just outlined, we will be working closely with our partners and I hope to be able to update the House shortly on some of the measures we are taking, in company, to try to ensure that sufficient aid gets into Gaza, particularly over this vital winter period.

[Iqbal Mohamed (Dewsbury and Batley) (Ind)]

The ICC arrest warrants are welcome, but in themselves they will not bring an end to Israeli war crimes and ethnic cleansing and the killing of innocent men, women and children. It is an international legal obligation on the UK Government to prevent ethnic cleansing and genocide. Will the Minister explain what specific measures the Government have taken and are taking to stop Israel’s ethnic cleansing in northern Gaza and what concrete steps the UK Government have taken to comply with the genocide convention?

[Hamish Falconer]

The hon. Member asked about northern Gaza and some of the specific measures that have been taken. As I said in answer to a previous question, we have been paying close attention to events in northern Gaza. By way of example, we watched closely—with horror—the events at Kamal Adwan hospital. I raised them myself repeatedly with the Israeli authorities and urged them to preserve life at that hospital, including among the children. We take every opportunity to underline to the Israelis their responsibilities as an occupying power in the whole of Gaza, but particularly in northern Gaza, and indeed the obligations that fall to them in relation to medical facilities, particularly where there is ongoing treatment of children, as there was in that case.

I recognise the hon. Member’s frustration at the situation in northern Gaza. We are clear that northern Gaza must not be cut off from the south. There must be no forcible transfer of Gazans from or within Gaza, nor any reduction in the territory of the Gaza strip. The Government of Israel must minimise evacuation notices to only areas where they are militarily necessary, provide timely and consistent information on when and where they take effect, and be clear on where it is safe for civilians to move to.

The polio vaccination roll-out has now ended, but an estimated 6,800 to 13,700 children in northern Gaza were not reached due to intense Israel Defence Forces activity. That is deplorable. Delayed vaccination of any child in Gaza puts them at risk and is unacceptable, and we make those points to the Israelis. I recognise the hon. Member’s frustration, but we are doing what we can to try to ensure that children and others in northern Gaza have access to the aid they need.

[Dan Aldridge (Weston-super-Mare) (Lab)]

Many of my constituents have written to me to express their horror at what is happening in Gaza. Does the Minister agree that the United Nations Relief and Works Agency plays an indispensable role in the provision of humanitarian assistance, and does he oppose the Bills recently passed in the Knesset that would prevent UNRWA’s operation?

[Hamish Falconer]

I thank my hon. Friend for passing on the concern of his constituents; I know that that is felt right across the country and that many other Members would wish to put on record the concern of their constituents too. I do condemn the Knesset Bill in relation to UNRWA. We have made the point clear that UNRWA is indispensable. Only UNRWA can provide the aid into the Occupied Palestinian Territories at the scale required, and we will continue to press for UNRWA’s continued operation in accordance with the relevant Security Council resolutions.

[Clive Jones (Wokingham) (LD)]

It is crucial that the Labour Government comply with our obligations under international law to uphold the ICC’s ruling and enforce the arrest warrants against Israeli Ministers. That compliance is vital, given the previous Conservative Government’s besmirching of the International Criminal Court and, in turn, damaging of the UK’s standing on the world stage. Many of my constituents in Wokingham would like to see the UK stand up for what is right and see that the UK does not turn its back on international law. Will the Minister confirm that the Government will not undermine the ICC’s ruling by unequivocally agreeing to uphold the arrest warrants?

[Hamish Falconer]

I reassure the hon. Member and ask him to pass on to his constituents that this Government will indeed do the right thing and stand up for international law. I have set out the manner in which we would do that over the course of this afternoon.

[Ian Byrne (Liverpool West Derby) (Ind)]

I welcome the Government’s commitment to uphold their obligations under international law and therefore to issue arrest warrants to these men if they set foot on British soil. If the Government acknowledge that the Prime Minister of Israel should be on trial for war crimes and crimes against humanity, how—morally and legally—can we continue to supply him with the weapons being used by Israel in its horrific assault on innocent civilians in Gaza?

[Hamish Falconer]

I have outlined our position in relation to both our international and domestic obligations to the ICC and our position on arms sales. I reassure my hon. Friend that we will consider the findings of the ICC in the ongoing review process in relation to arms sales.

[Ayoub Khan (Birmingham Perry Barr) (Ind)]

I am truly perplexed, as most of the British population watching this debate no doubt will be, by some of the arguments being advanced. When it comes to the ICC, topics such as morality and equivalence do not feature; this is a principle of law. An independent body, encapsulating some of the most senior members of the judiciary, has made a finding, yet we have the issues of democracy and morality being used to argue for some sort of impunity for leaders. Will the Minister state that if Benjamin Netanyahu arrived on these shores, if the ICC had issued warrants, we would at least detain him, subject to our domestic procedures?

[Hamish Falconer]

The hon. Member makes an impassioned and welcome commitment to due process and the independence of the law, and I will not demur from that by providing commentary on what domestic courts might do in a hypothetical situation.

[Yuan Yang (Earley and Woodley) (Lab)]

I am frankly astonished at the principle underlying some of the comments made by the shadow Foreign Secretary and some of her Conservative colleagues today. I have been giving assemblies to primary school children across the Earley and Woodley constituency emphasising that British democracy means that nobody is above the rule of law. I hope that one day, Conservative Members might understand what the children of the Earley and Woodley constituency instinctively understand, which is that we should be equal under the law, whether we are the political leaders of a democracy or otherwise. That is why I welcome the Minister’s statement that the Government will comply with their international obligations.

The Minister has set out the work he has been doing in travelling to the region and witnessing at first hand the blockage of aid into Gaza by the Israeli Government. The United Nations states that over 83% of food aid has been blocked, which of course leads to the risk and ongoing fact of starvation in the region. What can the Minister and the Government do in line with our positive obligation under international law to prevent future atrocities occurring in Gaza?

[Hamish Falconer]

The Government are deeply concerned by the latest Integrated Food Security Phase Classification finding about food insecurity in Gaza. We are making efforts to try to ensure a more rapid and regular flow of aid, including items that have been barred, which often seem to be those that are most vital for winterisation—as the international humanitarian community call it—in Gaza. We will continue to press for more flexibility on these points, so that the necessary tents, sleeping bags and other equipment required to safeguard Palestinian life over the course of the winter can move in at the scale that is required.

[Jim Shannon (Strangford) (DUP)]

Having seen and lived through the misuse of lawfare in Northern Ireland, whereby the terrorist uses law to target those who seek to live by the law while ignoring the fact that every one of their actions is illegal, I very firmly oppose the UK’s stamp of approval on any ICC decision on Israel. It is only when you—not “you” meaning the Minister, but “you” meaning me—have been the victim of whitewashing propaganda, as Unionists have in Northern Ireland, that you truly understand the danger. Will the Minister not recall that Israel has been defending itself under perpetual attack, and that this ICC ruling is simply affirming the Hamas agenda of hiding terrorism behind women and children, sacrificing them to achieve their goal? That goal is clear: to wipe Israel off the map. That is something that we can never support, and I hope the Minister will never support it either.

[Hamish Falconer]

I do not support the actions of Hamas—I condemn them outright and utterly. The actions of Hamas, including the continued keeping of hostages, represent unspeakable cruelty, both to the Israeli people and to British nationals. We do not forget Emily Damari, who is still held more than a year since she was taken. That being said, we can both condemn terrorist organisations such as Hamas and Lebanese Hezbollah and encourage our allies to keep to the very highest standards, and our commitment to international law is part of that contribution.

[Laura Kyrke-Smith (Aylesbury) (Lab)]

I have just returned from the west bank, where I met Roland Friedrich, director of UNRWA affairs, and saw UNRWA’s work at first hand. In the west bank alone, that work includes running 97 schools and 43 health centres and providing public services such as clean drinking water and rubbish collection. Does the Minister agree that there is no viable alternative to UNRWA, and will he do everything in his power to ensure Israel allows its vital operations to continue?

[Hamish Falconer]

I do agree. There is no alternative to UNRWA, and we will raise those points, both directly with Israel and in company. It is vital that UNRWA, underpinned by a succession of UN Security Council resolutions, is able to continue its vital work, both in the west bank and Gaza and across the wider region.

[Mr Richard Quigley (Isle of Wight West) (Lab)]

Can the Minister reassure us that he and other Ministers have directly pressed Israel on compliance with international humanitarian law in their meetings with their counterparts?

[Hamish Falconer]

I can. I did this morning, and I will continue to do so.

[Peter Prinsley (Bury St Edmunds and Stowmarket) (Lab)]

Emily is a British citizen who, as the Minister has said, has been held hostage ever since the attacks. Would the Minister explain what measures the Government are taking to make contact with those holding the hostages so that we can bring Emily home?

[Hamish Falconer]

Hostage cases are some of the most horrifying situations that a family can face. I know that many people in this House have met with Emily’s family, and have seen at first hand their bravery, but also the agony that they feel a year on. I regret deeply that the best chance of release for all of the hostages is through negotiated agreements, and I call on all parties to come back to the table to try to advance the agreement necessary to secure a release of hostages, an immediate ceasefire, and a reduction in the awful violence that scars us all.

Afghanistan

Hamish Falconer Excerpts

Thursday 31st October 2024 Written Statements

[The Parliamentary Under-Secretary of State for Foreign, Commonwealth and Development Affairs (Hamish Falconer)]

Today, I am updating the House on the efforts the UK Government have made to support those most in need in Afghanistan. The future of this country continues to matter to the UK due to the risk of terrorism, illegal migration, the humanitarian and food security crisis, and appalling human rights situation, particularly for women and girls.

Afghanistan remains in humanitarian crisis. According to the United Nations, over 23 million people—more than half the population—require humanitarian assistance in 2024. The Foreign, Commonwealth and Development Office has provided support to the most vulnerable and marginalised people in Afghanistan. In financial year 2023-24, we provided a total of £113.5 million in overseas development assistance to Afghanistan. All UK funding was channelled through UN agencies, non-governmental organisations and the Red Cross Movement. Through these partnerships last year, the UK Government supported access to humanitarian assistance for more than 2.7 million people, including providing assistance to prevent malnutrition to at least 1.5 million people. The UK also helped more than 1.4 million people, of whom over 1 million were women, to access essential health services. We aim to ensure that more than 50% of people reached with UK assistance are women or girls.

The Government have repeatedly condemned the Taliban’s repressive policies and behaviour. However, like many of our allies, we maintain a limited and pragmatic dialogue with the Taliban where it is in our national interest to do so. This process was started by the previous Conservative Government. This engagement does not represent legitimisation of the Taliban’s actions. We will continue to hold the Taliban to account for their actions, including on the rights of women and girls, counter terrorism, human rights and maintaining humanitarian aid access.

Government officials have engaged with the Taliban to help protect the operating space for humanitarian partners in Afghanistan, pressing on priority issues such as counter-terrorism and human rights, including the rights of women and girls. We have consistently underlined the need to ensure that women continue to play an active role in the humanitarian response to the crisis in Afghanistan, and can safely access assistance and provide feedback on the quality and appropriateness of the response. We will continue to push the Taliban on this issue, and ensure women and girls remain at the heart of our aid response.

Beyond immediate humanitarian needs, the UK Government are working with the international community to support longer-term basic services for the Afghan people, including health, education and livelihoods. Through our bilateral programmes, in 2023-24, at least 83,000 children, including 54,000 girls, were supported to access education and at least 466,000 children, including 310,000 girls, were fully immunised. In February 2024, with strong UK support, the World Bank Board endorsed the provision of grant finance from the World Bank’s International Development Association to Afghanistan. This funding, to which the UK Government contribute, will deliver further health, livelihoods and education programming in Afghanistan through the World Bank’s Afghanistan resilience trust fund.

Through newly approved UK funding we will scale up livelihoods and agriculture programming to support vulnerable Afghans to grow more food, improve their income, and be more resilient to climate change, helping tackle the humanitarian crisis in Afghanistan in more sustainable ways. New UK investments in health and education, with a focus on women and girls, support wider goals to champion rights, equality and a healthier world.

In August, the Taliban passed a “vice and virtue” law imposing wide-ranging restrictions on Afghan women, men and children and the media, including effectively removing women from public spaces. The laws have attracted widespread international condemnation. As the Foreign Secretary has said, the exclusion of women from all aspects of public life is another tragic setback for Afghanistan and its people. Officials have directly pressed the Taliban to reverse this law and, alongside like-minded international partners, have lobbied senior Taliban officials emphasising that we consider the law a grotesque backwards step. We have also condemned the law publicly through the UN, including the Human Rights Council. We will continue to raise our serious concerns and press for the reversal of these restrictions.

We continue to engage with Afghan women and are committed to providing platforms for Afghan women to speak out, advocate for their full inclusion in society, and promote their rights. In August, the Minister for the Middle East, Afghanistan and Pakistan hosted a group of senior Afghan women leaders to hear their perspectives and discuss the inclusion of women in Afghanistan’s future political process. In September, the Minister delivered a speech to the All Afghan Women Summit in Tirana, emphasising the UK Government’s continued support to Afghanistan and solidarity with Afghan women.

In September, the Afghan embassy in London closed following the dismissal of its staff by the state of Afghanistan. This decision was not made by the UK Government. In line with international law, specifically the Vienna convention on diplomatic relations, Afghanistan is responsible for the appointment and termination of staff at its embassies. The FCDO recognises that the closure will create challenges for Afghan citizens in the UK who require consular services.

We continue to work constructively with parties inside and outside of Afghanistan for an Afghanistan at peace with itself, its neighbours, and the international community.

[HCWS179]

Western Sahara

Hamish Falconer Excerpts

Wednesday 30th October 2024 Commons Chamber

[The Parliamentary Under-Secretary of State for Foreign, Commonwealth and Development Affairs (Hamish Falconer)]

I am grateful to the right hon. Member for South West Wiltshire (Dr Murrison) for securing the debate, and for his service in the Foreign Office and as trade envoy, and for his many years of advocating for a closer relationship between the UK and Morocco, which is an important goal.

I regret that the drafting of my responses to the right hon. Member’s parliamentary questions were described as “anaemic” and “regurgitation”, and I will endeavour to provide a little more zest for him in future. I would, however, say in relation to Foreign Office officials, who got a rather extensive mention in the right hon. Member’s remarks, that they are excellent, hard-working servants of this country, who serve without fear or favour. They advise; Ministers decide. The speech I am about to deliver has, of course, been prepared by the excellent officials of King Charles Street, but it is me and my ministerial colleagues who have decided it, so in future I would hope that the right hon. Member might direct his criticisms of the policy at me rather than my officials.

It is a timely moment to have this debate. The UN Security Council is set this week to adopt a resolution renewing the mandate of the peacekeeping mission in Western Sahara, MINURSO—United Nations mission for the referendum in Western Sahara—for another 12 months. I am also grateful for the contributions to this debate from other Members, many of whom have shown long-standing commitment to the issues. I will try to respond to their points as I go.

I do not need to tell this Chamber of the complexity of the issues. The UN has maintained, through MINURSO, a presence in Western Sahara since 1991. Successive personal envoys and special representatives to the UN Secretary-General have steered both the activities of MINURSO and a UN-led process aimed at achieving a resolution to the disputed territory. The UK strongly supports MINURSO’s activities, and we welcome its ongoing de-mining and observer operations in Western Sahara. To that end, the UK has consistently supported UN Security Council resolutions concerning MINURSO, including most recently resolution 2703 in October 2023, which extended the mandate for 12 months.

The UK position remains to support the UN-led efforts to reach a just, lasting and mutually acceptable political solution that will provide for the self-determination of the people of Western Sahara. This is in line with the position taken by successive UK Governments and UN Security Council resolutions. A solution agreed by all parties would contribute significantly to regional security and prosperity, and have the potential to unlock wide economic possibilities and benefits for those communities directly affected by this long-standing dispute—and of course for the UK, as the right hon. Member alluded to. It is for the parties to agree resolution, but the UN needs our support in its efforts to find a pragmatic solution. This is why we encourage others to support the UN-led process, and I thank successive British ambassadors and officials who work in the region for their contributions to this effort.

The UK’s position is in line with our status as a permanent member of the UN Security Council, and a key contributor to other UN peacekeeping missions. This position also reflects our core national interests, and it is based on our political judgment of how best to protect them. The right hon. Member referred to a paper by a notable legal scholar, but he will understand that it is for Ministers of this Government to make a judgment about how to protect our core national interests and which political judgments lay behind them. We believe it is important that we support the principle of self-determination, which gives people the right to decide their own future, as enshrined in the UN Security Council resolutions on Western Sahara.

[Andy Slaughter]

I thank the Minister for reaffirming his commitment to self-determination, and for not going down the road of partition nor indeed of incorporation within the Moroccan state, as the right hon. Member for South West Wiltshire (Dr Murrison) seems to want. The Minister could go one stage further and follow the EU example, which would be the case were we still within the EU, and say that the provision of resources and trade with Western Sahara should only be undertaken if it is to the benefit of the indigenous people there, rather than to the benefit of the Kingdom of Morocco.

[Hamish Falconer]

We are studying the legal judgment to which my hon. Friend refers closely. Our position has not been to oppose economic activity in Western Sahara, but that it must benefit the Sahrawi people. We will continue to engage with our international partners, as the House would expect, including the European Union, our fellow Security Council members, regional stakeholders and indeed the UN itself in support of its efforts.

[Jeremy Corbyn]

In the Minister’s engagement with other European countries and other members of the United Nations, I hope that he will have respect for international legal opinion concerning the exploitation of minerals, agricultural products and fisheries from Western Sahara, and the plight of the Sahrawi people, many of whom have been in refugee camps for almost 30 years and deserve the right to decide their own future in their own country.

[Hamish Falconer]

The right hon. Member is right to refer to the humanitarian situation facing the Sahrawi refugees. I think other Members referred to the camps in the Tindouf wilayah. We consistently support both UN Security Council resolutions that highlight the Sahrawi people face, and we contribute through the UN to support the refugee camps. My officials last visited those camps in November 2023.

I was pleased last month to meet Staffan de Mistura, the UN Secretary-General’s personal envoy for Western Sahara, and our meeting was an opportunity to discuss both his mandate and that of MINURSO. I was able to reiterate the UK’s full support for the UN-led process. The situation in the Tindouf refugee camps, to which the right hon. Member just referred, remains challenging, and we are working with various UN agencies and bodies to provide vital humanitarian support. The circumstances have been made more dire by recent heavy flooding in the region, as colleagues will be aware. The situation remains of great concern to the UK, and we continue to closely monitor developments, including through visits by Foreign Office officials.

Members have referred to the Moroccan autonomy plan, which was first announced in 2007. We have chosen not to comment publicly on the plan, which is not a judgment on its merits or otherwise. However, I assure the House that the UK would warmly welcome any solution to the dispute that is able to secure the support of all parties. While we enjoy constructive dialogue with our partners on a wide range of issues, including Western Sahara, I say to the right hon. Member for South West Wiltshire that their foreign policy decisions are ultimately for them to make, in their own individual assessments and interests, as ours are for us.

The UK strongly believes that the UN is the best way to solve this long-standing dispute by delivering a solution that is agreeable to all parties. We will continue to give the UN Secretary-General’s personal envoy our support, encourage constructive engagement with the political process, and monitor progress. That remains the best way to deliver a sustainable, just, secure and prosperous future for the people of Western Sahara and the wider region.

Question put and agreed to.

Oral Answers to Questions

Hamish Falconer Excerpts

Tuesday 22nd October 2024 Commons Chamber

[Jonathan Davies (Mid Derbyshire) (Lab)]

5. What steps his Department is taking to counter Iranian support for terrorism.

[The Parliamentary Under-Secretary of State for Foreign, Commonwealth and Development Affairs (Hamish Falconer)]

The Foreign Office works closely with our allies and partners to counter Iran’s support for proscribed groups, which include Hamas—as many Members have mentioned—as well as Lebanese Hezbollah and Palestinian Islamic Jihad. We currently have over 400 sanctions in place on Iran in response to its human rights violations, nuclear escalation and terrorism. We also continue to hold Iran publicly accountable for its direct support of terrorism, as my right hon. Friend the Foreign Secretary did in his intervention at the Security Council on 25 September.

[Jonathan Davies]

Iran’s malign activity and support for its proxies is destabilising the middle east. Does the Minister agree that this must end, and will he say a little more about what steps he is taking?

[Hamish Falconer]

I do agree. In all of our efforts in the region, we are clear that Hamas and the other Iranian proxies that are doing so much to destabilise the region must stop. We are working with our allies to that effect, including by reviewing new measures that we can take.

[Suella Braverman (Fareham and Waterlooville) (Con)]

For years, the Foreign Secretary and the Labour party have promised to proscribe the Islamic Revolutionary Guard Corps, the chief sponsor of global terrorism. Are the Government going to take action to tackle terrorism and extremism in the UK, or are they going to break yet another promise?

[Hamish Falconer]

As I understand the question from the former Home Secretary, she is saying that when she was Home Secretary she did not proscribe the IRGC, but she thinks we should have done so within 100 days. I say to my hon. Friends that we will take the necessary steps in the UK to prevent the IRGC from taking action on these streets, but as she knows well, we do not comment on whether an organisation is under consideration for proscription in the normal way.

[Jodie Gosling (Nuneaton) (Lab)]

7. What steps he is taking with his international counterparts to help tackle the drivers of illegal migration into the UK.

--- Later in debate ---

[Mary Glindon (Newcastle upon Tyne East and Wallsend) (Lab)]

15. What diplomatic steps he is taking to help secure a ceasefire in Lebanon.

[The Parliamentary Under-Secretary of State for Foreign, Commonwealth and Development Affairs (Hamish Falconer)]

The UK was the first G7 country to call for an immediate ceasefire between Lebanese Hezbollah and Israel, when we did so on 19 September. A political solution consistent with resolution 1701 is the only way to restore security and stability for the people living on both sides of the blue line. We continue to press for that with vigour and urgency with our international counterparts. The Foreign Secretary did so last week, and so did I. We will continue to do so this week and every day.

[Alex Ballinger]

We are appalled by the increase in violence after Israel’s ground invasion of Lebanon. As somebody who used to work in Beirut when the country welcomed a million Syrian refugees, it is upsetting to see people on the move again after so much violence. I thank the Foreign Secretary for his diplomatic efforts so far. Does the Minister agree that there is no military solution to the conflict in Lebanon? Will he outline again in more detail what diplomatic efforts he is making to ensure that we have a ceasefire so that Lebanese and Israeli civilians can return to their homes?

[Hamish Falconer]

We agree very much. Only a political solution will enable Lebanese civilians to return to their homes and Israeli civilians to return to the north of Israel. Clearly Hezbollah has been conducting terrible attacks on northern Israel for a long time—from 8 October, which was a terrible day to choose to start. We are working with all our allies on a plan based around resolution 1701. We talk regularly with all the key players in the region and in particular with Amos Hochstein, the US envoy working on a proposal to achieve the effect of 1701. We will continue to do so.

[Mary Glindon]

The reported attacks on United Nations Interim Force in Lebanon bases by the Israel Defence Forces show disregard for resolution 1701 and the existing diplomatic framework for peace. Last week’s joint statement by Foreign Ministers and our allies condemning all the threats to UNIFIL’s security was welcome, so can the Foreign Minister tell the House what discussions he has had with Israeli political leaders to supplement that action? Were they productive?

[Hamish Falconer]

I thank my hon. Friend for her important question. We are absolutely clear that attacks by the IDF on UNIFIL bases must stop, and they must stop immediately. We have called on Israel to that effect. We have called on all parties to uphold their obligations in ensuring the safety and security of UNIFIL personnel. I am sure that many in this House will be looking each day at the reports from UNIFIL on the situation there. As I have said in answer to previous questions, only a political solution consistent with UN Security Council resolution 1701 can restore stability and security. We continue to raise these matters with the Israelis at every level, and I will continue to do so this week.

[Dr Andrew Murrison (South West Wiltshire) (Con)]

UNIFIL and UN Security Council resolution 1701 plainly have not prevented the construction of tunnels and forward attack positions by Iranian proxies south of the Litani river. What discussions will the Foreign Secretary be having with the United Nations to ensure that something is put in place to replace 1701, to strengthen the role of UNIFIL and prevent aggressive action by Hezbollah and its fellow travellers?

[Hamish Falconer]

The first thing we have to do is get Hezbollah back north of the Litani river, consistent with 1701. We should not move away from 1701 until we have made progress under it. I recognise the force of what the right hon. Gentleman says about the concerns about Hezbollah’s presence close to the Israeli border, in breach of UN Security Council resolutions. I condemn the attacks, including the missile strikes that have been happening since 8 October, and all the other violence that Lebanese Hezbollah has been responsible for. It is proscribed under UK law and we hold no truck with it, but the way to get Hezbollah away from the border is 1701, and that is what we have to stick to.

[Monica Harding (Esher and Walton) (LD)]

Finn Pugh, who is eight years old and is one of my constituents, wrote to me. He said:

“Lebanon is a wonderful place. It does not deserve this. I would like the Government to protect the people of Lebanon and give them supplies like food and water.”

What reassurances can the Minister give Finn?

[Hamish Falconer]

I thank Finn for the question. Over the course of the past few weeks, we have announced £15 million of aid for the people affected by the strikes in Lebanon and those who are now crossing towards Syria, which is a concerning development in the conflict. Finn is right to have the people of Lebanon in his mind, and we are doing all we can to try to ensure that the humanitarian system in Lebanon can support the people Finn is concerned about.

[Mr Speaker]

I call the Chair of the Select Committee on Foreign Affairs.

[Emily Thornberry (Islington South and Finsbury) (Lab)]

The new Government’s call for an immediate ceasefire in Lebanon and in Gaza is, of course, greatly welcomed. However, today we hear that one of UNIFIL’s watchtowers was bombed by the Israel Defence Forces. First, was that one of the watchtowers that we have provided? Secondly, what conversations has the Minister had with his colleagues about beefing up our support to UNIFIL and taking our troop numbers up from one?

[Hamish Falconer]

I will have to write to my right hon. Friend about the specific watchtower and whether we have provided any aid. Underlying her point, I think, is a question about what we do when our statements about UNIFIL are not abided by. Let me be clear with the House: the current situation is unsustainable, and we continue to raise the matter through all diplomatic measures and will do so until there is progress. I can perhaps write to my right hon. Friend about our future plans regarding peacekeepers in Lebanon.

[Graham Stuart (Beverley and Holderness) (Con)]

There is only one route to sustained peace in Lebanon, and that is for the UN and the Lebanese state to stop Hezbollah carrying out its operations. That’s right, isn’t it?

[Hamish Falconer]

We agree that Lebanese Hezbollah should not be conducting the actions that it has been conducting. As I said in response to the previous question, this situation needs to be resolved in accordance with the UN Security Council resolutions. If the right hon. Gentleman is asking me whether we think what Lebanese Hezbollah is doing across the blue line is correct or justifiable, my answer is that it is not. We call on it, as we have always called on it, to stop. We have proscribed the organisation domestically and have absolutely no truck with it whatsoever. Iran’s malign influence in Lebanon must stop, and we are taking actions to try to effect that.

[Peter Prinsley (Bury St Edmunds and Stowmarket) (Lab)]

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

[Peter Prinsley]

The BBC World Service is vital UK soft power. The Foreign Office’s contribution to its funding is about £100 million per year—about the cost of an F-35 fighter jet. The UK has plans to acquire 74 of these fighter jets. Would the Minister agree that we might consider acquiring only 73 of them, if that was the price of preserving the BBC World Service?

[The Parliamentary Under-Secretary of State for Foreign, Commonwealth and Development Affairs (Hamish Falconer)]

That is a very fine question. The BBC World Service is a UK soft power asset. We give £104 million to the BBC World Service—[Interruption.]

[Mr Speaker]

Order. Would the hon. Member for Plymouth Moor View (Fred Thomas) please not walk behind the Minister while he is in the middle of his answer? I am really going to have to say something to the Whips.

[Hamish Falconer]

We provide £104 million to the BBC World Service. That is very good value indeed. I will not seek to get into budget negotiations in advance of the Budget—I know better than that—but I agree very much about the importance of the World Service and the vital function it provides internationally.

[Mr Speaker]

I call the shadow Foreign Secretary.

--- Later in debate ---

[Mr Speaker]

Order. Another bad example.

[Hamish Falconer]

I welcome Laila to the House. I saw her in Cairo last week, and raised these issues with the Egyptian Foreign Minister. Alaa’s case is very much in our mind, and we will do everything we can to secure his release as quickly as we can.

[Jon Pearce (High Peak) (Lab)]

T4. In 2020, the US committed £250 million to support peace building and Palestinian economic development. Will the Minister consider how we can work with our partners in the US, using our world-leading development expertise and our experience in conflict resolution in Northern Ireland, to take a lead in this vital work?

[Hamish Falconer]

My hon. Friend asks an important question. Peace building at a civil society level has an important role to play in trying to resolve this conflict. I will write to him with details of our plans.

[Ellie Chowns (North Herefordshire) (Green)]

T3. I welcome this Government’s ambition in seeking a new climate finance goal at COP29 in Baku shortly. Will the Minister assure me that she understands the scale of need? The UN Environment Programme says that 10 to 18 times more funding is needed for adaptation than is currently on the table. Will she make sure that it includes loss and damage and is additional to aid?

--- Later in debate ---

[Mr Richard Holden (Basildon and Billericay) (Con)]

T5. Hezbollah continues to use Lebanese civilians as human shields. On Friday, the caretaker Prime Minister in Lebanon accused Iran of blatant interference in Lebanese affairs. What more will the Minister do to help ensure that both Israeli and Lebanese counterparts can face down the threat from Iran?

[Hamish Falconer]

I referred to our actions against Iran in the region, and the importance of removing its influence in Lebanon as best we can. This week I will attend the Lebanon conference in Paris, where these matters will be discussed.

[Adam Thompson (Erewash) (Lab)]

T7. Further to the question from across the way on climate change, what steps is the Minister taking to support climate change development internationally?

--- Later in debate ---

[Steve Yemm (Mansfield) (Lab)]

T8. What update can the Minister give us on UK support for the International Fund for Israeli-Palestinian Peace? Will the Government convene a summit of international partners to ensure that civil society is at the heart of peace building in the coming years in the region?

[Hamish Falconer]

I refer my hon. Friend to my previous answer. I will also write to him with further details of what we will do.

[David Mundell (Dumfriesshire, Clydesdale and Tweeddale) (Con)]

We are experiencing a global hunger crisis, exacerbated by ongoing conflicts and climate change. That makes the forthcoming Paris Nutrition for Growth conference even more important. What preparations are the Government making for an effective contribution to the summit?

--- Later in debate ---

[Richard Foord (Honiton and Sidmouth) (LD)]

What discussions have Ministers had with their Israeli counterparts about the application of distinction and proportionality in international humanitarian law?

[Hamish Falconer]

The Foreign Secretary has set out our views on the Israeli application of international humanitarian law at greatest length in relation to the decision to suspend arms licences. We keep those issues under regular review and will update the House if there is a change in our assessment.

[Imran Hussain (Bradford East) (Ind)]

As we have heard again today in the Chamber, war crimes in Gaza continue, making it clear that the time for empty promises and hollow words is over. Does the Minister agree that the international community must finally fulfil its responsibility and take real action, starting with immediate sanctions on the hard-right extreme Ministers in the Netanyahu Government?

[Hamish Falconer]

I hope Members recognise that the words that we have been speaking at this Dispatch Box have not been hollow. Since coming into government, we have restored funding to UNRWA. We have also taken steps in the International Criminal Court and the International Court of Justice, and in relation to the arms suspension that I referred to a moment ago. As for the far-right settlers to whom I think my hon. Friend was referring, we introduced sanctions last Thursday. My right hon. Friend the Prime Minister made it clear during Prime Minister’s questions that we continue to review these issues, and we will return to the House.

[Mr Gregory Campbell (East Londonderry) (DUP)]

The outgoing President of the United States has indicated that he has been told where and when the Israeli Government will respond to the Iranian terror threat. Have our Government been informed?

[Hamish Falconer]

I think that you, Mr Speaker, and other Members will understand that it is not appropriate to comment on that in the House.

[Naz Shah (Bradford West) (Lab)]

As the Minister will know, the ICJ has ruled that member states such as the UK are obliged to distinguish in their dealings between green-line Israel and occupied territory. In line with that ruling, as well as obligations under United Nations Security Council resolution 2334, what steps are the Government taking to address the issue of products entering the UK from illegal settlements?

[Hamish Falconer]

I will write to my hon. Friend about the complex issue of trade with Israel and how we make that distinction, if that is okay.

[Mr Will Forster (Woking) (LD)]

I am sure that the Minister is aware of the tragic case of Sara Sharif, which occurred in my constituency, but he may not be aware that when Sara’s family fled from Woking to Pakistan, they took Sara’s two siblings, and when the parents returned to stand trial, those siblings did not return with them. Will he write to the Pakistani Government informing them that unless they vouch for the siblings’ safety, those children should be returned to the UK?

[Hamish Falconer]

I can assure the House that the safety and wellbeing of British children overseas, which appears to be relevant in this case, is of the utmost concern to the Government as a whole, and to me as the Minister responsible for consular affairs. I will write, and will meet the hon. Member, if that will be useful in helping us to understand the case and what we can best do to support those children.

[Mr Speaker]

I call the Chair of the International Development Committee.