(1 year, 2 months ago)
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(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.
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.
I call the Chair of the Foreign Affairs Committee.
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.
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.
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.
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.
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.
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.
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?
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.
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.
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.
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.
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.
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?
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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?
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.
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.
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?
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.
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.
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.
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.
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.
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.
(1 year, 3 months ago)
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]
(1 year, 3 months ago)
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.
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.
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.
(1 year, 3 months ago)
Commons Chamber
Jonathan Davies (Mid Derbyshire) (Lab)
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.
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)
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.
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.
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.
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.
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)
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.]
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.
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)
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)
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)
Steve Yemm (Mansfield) (Lab)
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.
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?
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.
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.
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.
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.
(1 year, 4 months ago)
Westminster HallWestminster Hall is an alternative Chamber for MPs to hold debates, named after the adjoining Westminster Hall.
Each debate is chaired by an MP from the Panel of Chairs, rather than the Speaker or Deputy Speaker. A Government Minister will give the final speech, and no votes may be called on the debate topic.
This information is provided by Parallel Parliament and does not comprise part of the offical record
The Parliamentary Under-Secretary of State for Foreign, Commonwealth and Development Affairs (Hamish Falconer)
I am grateful to the hon. Member for Birmingham Perry Barr (Ayoub Khan) for securing this important debate, and I thank you, Ms Vaz, for your expert management of today’s proceedings. This is my first debate in this place, so I am sure that I will be considerably less expert, and I beg your indulgence at the outset. I will try to be brief so that I can give the hon. Member an opportunity to respond.
As many have said, this week marked one year since Hamas’s brutal attack against Israel. It was the worst attack in its history and without doubt the darkest day in Jewish history since the Holocaust. As many have said in this Chamber, my thoughts are with Jewish people around the world and the Jewish community here in the United Kingdom. More than 1,000 people were massacred, hundreds were taken hostage and many are still cruelly detained today, including Emily Damari. I reiterate our commitment to bringing those hostages home; we will not give up until they are, and work is ongoing on that.
However, as has been the subject of most of the interventions, we also look back on a year of devastating conflict and suffering. I will say a little about the Government’s assessment of the situation in Gaza, then, in the time available, I will focus particularly on the humanitarian situation. I recognise that it is my fault that there are some late parliamentary questions on these issues, particularly relating to the detail on F-35s, and I will be pleased to respond in writing.
A year on, close to 42,000 people have now been killed in Gaza, with over half of all bodies identified being women and children. We believe that more than 90% of the population has been displaced, many of them repeatedly. There is now simply no safe place to go. The humanitarian zone covers less than 15% of the Gaza strip, and as has been mentioned, not even that is always safe. It is chronically overcrowded and the lack of clean water and sanitation means that the risk of disease is rife.
Reference has also been made to the severe lack of food which, according to the IPC, means that the whole population is at risk of starvation, and we expect a further update on that in due course. Sixty-six per cent of buildings, including hospitals—as many have mentioned—are damaged or destroyed. Parents cannot feed their children. Children cannot go to school. Families cannot support each other. I have been asked many questions by contributors about humanitarian access, and I want to be clear on the Government’s position: it remains wholly inadequate. There have been repeated attacks on convoys, evacuation orders have undermined operations and the level is far below Israel’s commitment to flood Gaza with aid.
I raised earlier the question of the Israeli military action to which the Minister has just referred. In the past hour or so, the UN has stated on its website:
“Israel Defense Forces (IDF) fired on UN peacekeepers in Lebanon early Thursday morning.”
Two peacekeepers were injured, which is yet further evidence that Israel behaves with complete contempt and disregard for international law and norms. Will he join me in condemning such action?
Hamish Falconer
They have only just come in, but we are very concerned about reports of attacks on staff of the United Nations Interim Force in Lebanon. The work of UN peacekeepers is incredibly important and a vital contribution to global peace and security. We will be able to say more as reports become clearer.
The situation in Gaza is a catastrophe on all counts. A few contributors have mentioned winterisation. We are deeply concerned that winter is coming in and the shortage of aid into Gaza means that most of the civilian population is unprepared for the drop in temperature. I will be visiting the region next week in part to look into some of those matters further. We intend to work together with our allies. Since entering office in July, we have made a series of key decisions. Along with our allies, we have been pushing for an immediate ceasefire since day 1, and I was confused by the reference to our position on 18 September. We have been calling for an immediate ceasefire since 4 July, and we will continue to call for an immediate ceasefire. The fact that is has not yet been abided by does not in any way undermine the urgency of what we are doing.
I was referring to the UN General Assembly resolution where we did not vote with 124 countries.
Hamish Falconer
I think that is an issue in relation to the advisory opinion of the ICJ rather than the ceasefire; that is how I understood my hon. Friend’s remarks. I will stick to the ceasefire now, and I can come to the advisory opinion later. We are clear that we need a ceasefire; we need a ceasefire in Gaza and we need a ceasefire in Lebanon. It is clearly a statement of fact that neither of those things is happening, and we continue to work behind the scenes with our partners to try to achieve that. That point has been made by both the Prime Minister and Foreign Secretary, as well as the whole ministerial team in the Foreign Office.
We are repeatedly urging our Israeli counterparts— I think it is on this issue that I have received the most questions over the afternoon. We are asking them to take three key steps. The first is to take all necessary precautions to avoid civilian casualties, and we have heard many lurid examples of where that has not been the case. The second is to ensure that aid can flow freely into Gaza through all land routes, and many contributors have described how that is not currently the case. The third is to allow the UN and its humanitarian partners to operate safely and effectively. I recognise some of the concerns raised this afternoon about the functioning of UNRWA, so I will say a little bit about that.
I congratulate the Minister on making his maiden address. Can he reflect on the verb that he used? He said that we have been “asking” Israel to do those three things. He then went on to elaborate that none of those three had actually been fulfilled. Is it not time to stop “asking” and to do something a little stronger?
Hamish Falconer
My colleague will understand that there is a difference between what we can say in public and what we can say in private. However, I reassure him that those points are being made to partners with force, with emphasis and with consistency. As he will have seen through a number of forums over the last few weeks, the UK has made its position absolutely clear. It is, of course, a frustration to me that at this stage, and since we came into power in July, we are still having some of those discussions, so I recognise the frustration in his voice.
On my first day as a Minister, we lifted the funding pause on UNRWA. We provided £21 million to support its humanitarian appeal in Gaza. No other agency can deliver aid to Gaza on the scale that is needed. We must support UNRWA to do its job effectively. Of course, in delivering, we expect it to meet the highest standards of neutrality, as laid out in Catherine Colonna’s independent review, and the Minister for Development has met her to discuss such matters. Of our funding to UNRWA this year, £1 million has gone to support the implementation of its agreed action plan. However, I take note of the reference to some of the discussions in the Israeli Knesset. I want to emphasise the importance that the UK places on UNRWA, on its continued function and its unique role in the area, as well as our full support for the UN Secretary-General.
I am sorry to interrupt the Minister’s flow, but before he sits down, can he give me some assurance that he will take back to his colleagues the issue about the evacuation of children? I raised it again on Monday with the Prime Minister and still got no response.
Hamish Falconer
I was coming to that issue, but I will take it now.
I am very familiar with these issues; in fact, as an official in 2014, I was working with the mass atrocity prevention hub, where I know my colleagues have also served, to try to identify children at that time and in that stage of the war. It is incredibly depressing to be in this Chamber 10 years on talking about injured children in Gaza again. At that time, I was tasked with trying to find children who could benefit from UK medical assistance, and I was honestly not able to find children who would not be better served in the region. Having discussed the matter with officials—I understand the Minister for Development has looked at this as well—we primarily share the view expressed in WHO guidance that children should be treated in the region as much as possible. That will mean in most cases that being treated in Egypt or somewhere nearby is going to be more appropriate than being treated in the UK. However, I will go back to the Department and secure a fuller answer.
I want to return briefly to the mandate of the UN. We are clear that Israel must respect the mandate of the UN and must enable humanitarian workers to travel easily into and throughout Gaza.
It is absolutely clear that aid and aid workers are being hindered and blocked by Israel. At the same time, the UK considers Israel to be one of its closest allies. How does that make sense in terms of how the UK represents itself at the UN and on the world platform? The Minister seems to be suggesting that efforts are being made to secure a ceasefire to provide aid, when it is obvious that there is a block and that the UK is facilitating that, as opposed to opposing it.
Hamish Falconer
I do not accept that we are facilitating rather than opposing. I could not be clearer in everything I have said this afternoon about the position of the British Government. I have been clear with my colleagues about our frustration that we have not been able to make more progress on the things that we have been calling for. I want to reassure colleagues across the House that the whole ministerial team is working hard day and night on these issues. We recognise the acute nature of the situation before us, and we treat it with the full gravity that it deserves.
Hamish Falconer
I will try to make a tiny bit more progress, and then I will hand back.
Hamish Falconer
Then I will probably get to the end, in order to allow people to respond.
From the Prime Minister down, we will continue to call on all parties to act in accordance with international humanitarian law. Earlier in July, when he was visiting the region, the Foreign Secretary announced £5.5 million in new medical aid to field hospitals in Gaza; I think that was the subject of a question that was asked today. We are working to try to bolster medical capacity for patients. We think that is best done in the region, and we are frustrated by the impediments that still exist, particularly around children being able to access medical care and other aid.
Order. I want to put the Question.
Question put and agreed to.
Resolved,
That this House has considered humanitarian aid and Gaza.
(1 year, 5 months ago)
Commons Chamber
The Parliamentary Under-Secretary of State for Foreign, Commonwealth and Development Affairs (Hamish Falconer)
I beg to move,
That the Syria (Sanctions) (EU Exit) (Amendment) (No. 2) Regulations 2024, (SI, 2024, No. 833), dated 29 July 2024, a copy of which was laid before this House on 30 July, be approved.
This instrument amends the Syria (Sanctions) (EU Exit) Regulations 2019. The instrument was laid on 30 July using powers provided by the Sanctions and Anti-Money Laundering Act 2018 and entered into force on 31 July. For clarity, the instrument was laid on 24 May under the previous Government. We support its aims, so we revoked it and re-laid it to provide additional time post election for the required parliamentary scrutiny. There are no amendments to the policy and the substance of the instrument is the same.
With the conflict in Syria now in its 14th year, the humanitarian situation remains dire. A record 16.7 million people are estimated to be in humanitarian need, nine in 10 people in Syria are living in poverty, and nearly 13 million lack sufficient food. Many more have been forced to flee their homes and are living in settlements and camps.
Our support for the Syrian people is unwavering. The UK has spent over £4 billion to date—our largest ever response to a single humanitarian crisis—and we continue to provide lifesaving support to those in need. It is imperative that aid reaches the most vulnerable and that UN agencies, international organisations and non-governmental organisations have the support necessary for their work.
The UK has engaged with financial institutions and humanitarian actors to fully understand and mitigate the impact of the humanitarian provisions in our sanctions legislation, including by issuing general licences following the earthquakes in February last year. The UK has acted to ensure that aid continues to reach those most in need. These amendments to the regulations will allow trusted organisations to focus on delivering aid, support efficient and effective humanitarian delivery and provide reassurance for those organisations and their service providers. They will ensure that we continue to meet our humanitarian objectives while ensuring that our sanctions regime is robust.
UK sanctions are designed to encourage the Assad regime to refrain from actions, policies or activities that repress the civilian population in Syria. They also serve to encourage the regime to participate in good faith in negotiations for a political settlement in line with UN Security Council resolution 2254 and to bring about a peaceful solution to the conflict in Syria.
This instrument amends the humanitarian exception to the petroleum measures contained in the 2019 regulations with the aim of improving the delivery of humanitarian aid in Syria. The amendments expand the eligibility for the humanitarian exception from solely UK-funded persons to all organisations covered by UN Security Council resolution 2664 to the extent that they are captured by UK sanctions. The extension will enable more organisations to benefit from the humanitarian exception.
The instrument extends the regulations to ensure that they apply to those involved in the humanitarian delivery chain. The change ensures that the delivery chain of relevant persons as outlined in the regulations will benefit from being able to use that exception. That provides assurances to relevant delivery partners on the ground and to financial service providers when improving payments.
The instrument also amends the 2019 regulations to authorise financial service providers of “relevant persons” to use the humanitarian exception, removing the requirement for financial service providers to apply for individual licences to facilitate activities authorised by the exception. The change will also provide greater assurance to both humanitarian organisations and their financial providers, reducing delays in payments.
In addition, the instrument replaces the existing notification requirement for “relevant persons” using the humanitarian exception for petroleum prohibitions in the 2019 regulations with a new requirement to notify the Treasury on an annual basis that they are involved in the provision of humanitarian assistance in Syria. The notification requirement will apply to relevant persons conducting humanitarian assistance activities in Syria, but not to financial service providers, the UN, the International Committee of the Red Cross, the International Federation of Red Cross and Red Crescent Societies, the British Red Cross or downstream delivery partners.
Finally, the instrument makes two further, more minor amendments. First, there is a small amendment to the humanitarian fuel exception and a related exception for petroleum products for diplomatic and consular premises in the 2019 regulations. Those exceptions are amended to refer to “acquiring” fuel rather than “purchasing” it. Secondly, the instrument amends the record-keeping requirements in the regulations with respect to trade licences to clarify that specified information is required where appropriate. That will ensure that correct records are kept for relevant licences.
UK sanctions on Syria continue to send a clear message to the regime and its supporters: we will not stand by while they commit serious human rights abuses. The regulations ensure that the sanctions will not hinder humanitarian aid efforts. We will continue to work closely with the UN, like-minded states, humanitarian organisations and the financial sector to ensure that the sanctions work in tandem with humanitarian efforts and that the Assad regime and its allies and supporters bear responsibility for the devastation endured by the Syrian people. I commend the regulations to the House.
Hamish Falconer
I thank Members for their contributions. Let me address some of the important questions that they have raised, particularly in relation to Captagon, chemical weapons, and whether we have achieved the right balance between sanctions and humanitarian aid. I will also deal briefly with some of the points raised about freedom of religious belief.
I pay tribute to the hon. Member for Witney (Charlie Maynard) for his maiden speech, and associate myself in particular with his comment about the Chamber being a confusing place for a newbie—and if it was me who made those mistakes, Madam Deputy Speaker, I apologise. We are closely monitoring the regime’s links with Captagon, as you will know—I am sorry; as the hon. Member will know. My apologies, Madam Deputy Speaker. In March 2024, we co-hosted a conference with Jordan and we are keeping the matter under close review. I should be happy to write to the hon. Member with further details, because it is of real concern. Also of concern, obviously, is the chemical weapons situation in Syria. Last week, I was pleased to meet the director general of the Organisation for the Prohibition of Chemical Weapons, and to make a further voluntary contribution on Syria specifically in relation to the significant problems that it poses in respect of chemical weapons. As for the concern about getting the balance right—
Would the Minister be kind enough to write to me with the details of that voluntary contribution, so that I understand fully what contribution was made?
Hamish Falconer
I should be happy to do so.
I can assure the hon. Member for Honiton and Sidmouth (Richard Foord) that no assistance will be provided directly to the Government of Syria, and that we go to great lengths to ensure proper compliance with our sanctions regime. The hon. Member also referred to the strikes in Syria. The protracted conflict clearly poses risks of other regional tensions being played out, but we have made it clear to all parties that further escalation in the middle east must be avoided at all costs, and is in no one’s interests.
I understand and welcome the fact that the hon. Member for Strangford (Jim Shannon) and I will no doubt face each other across the aisle in debates on many issues, and I recognise his personal commitment to freedom of religious belief. We have provided, I believe, £14 million of assistance in respect of human rights monitoring in the conflict in Syria, I know how desperate some of the human rights issues are in the country, and we will continue to keep them under close review.
I hope and trust that the House will support the regulations, and I thank Members for that.
Question put and agreed to.
Resolved,
That the Syria (Sanctions) (EU Exit) (Amendment) (No. 2) Regulations 2024, (SI, 2024, No. 833), dated 29 July 2024, a copy of which was laid before this House on 30 July, be approved.
(1 year, 5 months ago)
Commons Chamber
The Parliamentary Under-Secretary of State for Foreign, Commonwealth and Development Affairs (Hamish Falconer)
I beg to move,
That the Russia (Sanctions) (EU Exit) (Amendment) (No. 3) Regulations 2024, (SI, 2024, No. 834), dated 29 July 2024, a copy of which was laid before this House on 30 July, be approved.
The instrument, which amends the Russia (Sanctions) (EU Exit) Regulations 2019, was laid before Parliament on 30 July using powers provided by the Sanctions and Anti-Money Laundering Act 2018, and entered into force on 31 July. For clarity, the instrument was first laid on 24 May under the previous Government. This Government support the aims of the instrument, so we revoked and re-laid it to provide additional time post election for the required parliamentary scrutiny. There are no amendments to the policy in relation to Russia sanctions, and the substance of the instrument remains the same.
The United Kingdom’s commitment to Ukraine is iron-clad. In July, the UK contributed £40 million to NATO’s comprehensive assistance package for Ukraine, which ensures that Ukraine will access vital assistance for counter-drone technology, de-mining of reclaimed land, and the medical rehabilitation of injured Ukrainian personnel. Ukraine has placed new orders for ammunition worth £300 million through the international fund for Ukraine, which is administered by the UK.
Sanctions, too, are a crucial tool to weaken Russia’s ability to attack Ukraine. In July, the UK hosted the European Political Community at Blenheim Palace, where more than 40 countries signed a call to action to tackle Russia’s so-called shadow fleet: a fleet of ageing oil tankers, which use deceptive shipping practices and substandard insurance to attempt to undermine sanctions on Russian oil. At the event, the UK spearheaded action against the shadow fleet when we sanctioned 11 oil tankers. Through this action, we continue to demonstrate the UK’s steadfast commitment to Ukraine and underline our leading role in eroding Russian oil revenues.
Targeted sanctions against oil tankers have had a material and immediate impact. UK sanctioned tankers have been left idling, knocked out of the Russian oil trade and for the most part unable to load new cargoes. The instrument provides the basis for those sanctions, and has enhanced the UK’s ability to respond to Russia’s increasingly desperate and reckless attempts to undermine our and our partners’ sanctions.
I thank the Minister, welcome him to his place, and wish him well in his role.
I have been sanctioned by China and Russia, along with many others in this House—it is almost a badge of courage—but that is not the issue. My understanding of today’s sanctions is that businesses and those who have super yachts will be impacted directly, but that is all that the instrument means. If that is the case, will the Minister ensure that our sanctions have enough teeth to bite, and to be painful?
Hamish Falconer
I thank the hon. Member. If he allows me, I will go a little further into the introductory remarks, which I hope will specify why this afternoon’s measures will provide greater teeth. I hope that will answer his concerns, but if it does not, I will return to him.
The instrument, as well as increasing the effect on shipping, also broadens the designation criteria under the Russia regime. It expands our powers to target those who provide financial or material support to Russia’s war machine. That could include, for example, foreign financial institutions that facilitate significant transactions on behalf, or in support, of Russia’s military industrial base. That is in line with steps taken by partners and the G7’s commitment to curtailing Russia’s use of the international financial system to further its war in Ukraine.
Let me turn now to the measure about which the hon. Member for Strangford (Jim Shannon) asked. The instrument adds new relevant activities to the existing power in the Russia sanctions regime under regulation 57F—“specification of ships”—to provide the criteria to sanction individuals’ ships. The amendment provides that a ship may be specified by the Secretary of State where there are reasonable grounds to suspect that it is, has been or is likely to be used for any activity whose object or effect is to destabilise Ukraine, to undermine or threaten the territorial integrity, sovereignty or independence of Ukraine, or to obtain a benefit from, or support, the Government of Russia. That includes where a ship is involved in carrying dual-use or military goods, oil or oil products that originate in Russia, or any other goods or technology that could contribute to destabilising Ukraine or to undermining or threatening the territorial integrity, sovereignty or independence of Ukraine.
Where a ship is specified under regulation 57F, it will be subject to measures in regulations 57A to 57E—the shipping sanctions. Where those sanctions apply, a specified ship is prohibited from entering a port in the UK, may be given a movement or a port entry direction, and can be detained or refused permission to register on the UK ship register—or, indeed, have its existing registration terminated. Additionally, UK persons and persons in the UK cannot provide funds and financial services, including maritime insurance, or brokering services, in relation to specified ships that are transporting certain oil and oil products, and cannot use specified ships to supply or deliver Russian oil and oil products, regardless of the price of the oil on board.
Once again, the UK has already specified ships using that enhanced power. The previous Government specified six vessels on 13 June. In July, this Government specified 11 vessels that were operating as part of Russia’s shadow fleet. That fleet attempts to undercut our sanctions, undermines the maritime rules-based order, and presents an environmental and maritime security threat to coastal states.
This statutory instrument also amends regulation 6 of the Russia sanctions regime. That regulation provides the criteria for the designation of individuals or entities for the purpose of an asset freeze and other relevant measures. Specifically, the instrument adds additional activities for which a person may be designated, including where individuals or entities provide financial services or make available funds, economic resources, goods or technology to persons involved in obtaining a benefit from, or supporting, the Government of Russia. In practice, that widens the set of actors and enablers that can be targeted for providing financial and material support to Russia and its war machine as Putin continues to prosecute his illegal war in Ukraine.
The instrument also consolidates powers under the Russia regulations to designate individuals or entities involved in the destabilisation of Ukraine. Specifically, the additional activities that the instrument adds to the designation criteria make possible the designation of persons who have owned or controlled entities involved in destabilising Ukraine, as well as individuals who work as directors or managers of such entities.
In the plainest language—because that was the language that the hon. Member for Strangford used—the instrument enables us to target the ship, as well as the individuals or entities involved with the ship. We found, through the previous regime, that the ship itself is the sharpest area of vulnerability, so the International Maritime Organisation number of the ship itself is where sanctions have greatest effect, and that is the effect that we are using today.
I understand; the Minister has laid out the system very simply. It applies to the EU, but we all know that those who seem to break most of the rules are India and other countries across the world that are out to buy Russian oil. If that is the case, what discussions have been had to ensure that India does not contravene what we are trying to do through these sanctions?
I say gently to the Minister that we have only an hour and a half for this debate. I know Members want to speak and I do not want to take any of that precious time away.
Hamish Falconer
I defer to your good guidance, Mr Speaker.
In conclusion, European security is a key focus of this Government. Supporting Ukraine remains vital to that end, and the UK is committed to doing so. I am sure that, when I come to answer hon. Members’ questions, I will have an opportunity to say a little more about how we work with our partners, including India, on these matters. We will work with international partners to ensure that the values of democracy, human rights and international law are maintained. This legislation and subsequent sanctions made under it show our commitment to Ukraine as it defends its freedom in the face of Russian aggression. British support remains iron-clad. I commend the regulations to the House.
Hamish Falconer
I thank Members for their contributions to this debate. In particular, I thank the shadow Minister, the hon. Member for Rutland and Stamford (Alicia Kearns), for her kind words about my service in the Foreign Office. Indeed, I pay tribute to hers: she did fine work on Iraq and Syria, and I was glad to work with her. I look forward to working with all of this House on matters of national security.
I welcome the maiden speeches that were made. My hon. Friends the Members for Makerfield (Josh Simons) and for Macclesfield (Tim Roca) were both funny, which is useful when I am being so dour at the Dispatch Box. I noticed that the hon. Member for Great Yarmouth (Rupert Lowe) paid tribute to particular kinds of experience —military, business, and so on—but he did elide the diplomats. Given that there are many of them in the Box, I would like to say that he should take a look at the good work of the Foreign Office, because there are many hard-working officers who do their very best, and I am grateful to everybody in the House for recognising that.
If I may, I will come back to some of the points raised by the other parties. I regret that I may have to write to the hon. Member for Arbroath and Broughty Ferry (Stephen Gethins) about the specific Scottish issue.
I am grateful to the Minister for saying he will respond to me in writing, which I accept, but I should also be clear—this was the mistake that previous Prime Ministers made—that Scottish limited partnerships are not a Scottish Parliament issue, but a Westminster reserved issue.
Hamish Falconer
I understand that, and I agree. I welcome the importance that the hon. Gentleman placed in his comments on working together. I also believe that, on many of these issues, we are better together.
Some important points were raised about our partners in India and China in relation to Russia. I say to the shadow Minister that any evidence of Chinese companies providing military support to Russia would be damaging to China’s international reputation, given its strong position on not being involved in the conflict. We will not hesitate to take action against anyone supplying and funding Putin’s war machine.
On India, which was raised by the hon. Member for Honiton and Sidmouth (Richard Foord), we regularly raise Russia’s actions in Ukraine with India. We did so most recently in a conversation between the Foreign Secretary and the Indian Foreign Minister. We highlight the importance of tackling the shadow fleet. India is a key partner, and we are committed to working together across a whole range of issues. We underline to them how unreliable an energy partner Russia would be.
The hon. Member for Rutland and Stamford raised the tragic forceful deportations of, we believe, almost 20,000 Ukrainian children, which is a matter of real concern to me and the rest of the ministerial team. As a member of the jointly led Canadian Ukrainian initiative, along with 28 other states, the UK is providing funding to support the rehabilitation of children.
My hon. Friend the Member for Glasgow South (Gordon McKee) made some kind comments. I am unsure whether they were for Minister Doughty or for me, but, as I am here, I will certainly accept them. He made important points about microchips and various other dual-use technologies on which we are taking action with others to try to address. In the interests of the House’s time, I will write to him to give further detail.
On the wider point about circumvention, I am grateful to the House for its support and recognise the widespread concern about other countries doing otherwise. We are sending senior officials to the United Arab Emirates, Kazakhstan, Uzbekistan, Kyrgyzstan, Georgia, Armenia, Turkey and Serbia to highlight circumvention risks and to offer technical support. We recognise that these issues are global in nature, so we have designated individuals in Belarus, China, Iran, Serbia, Slovakia, Switzerland, Turkey, the Emirates and Uzbekistan. I will no doubt have another opportunity to update the House on our work in this area in due course. I thank the House for its support and urge it to support the motion.
Question put and agreed to.
Resolved,
That the Russia (Sanctions) (EU Exit) (Amendment) (No. 3) Regulations 2024, (SI, 2024, No. 834), dated 29 July 2024, a copy of which was laid before this House on 30 July, be approved.
(1 year, 6 months ago)
Commons Chamber
The Parliamentary Under-Secretary of State for Foreign, Commonwealth and Development Affairs (Hamish Falconer)
Iran’s continued repression of women and girls, ethnic and religious minorities, and human rights defenders is unacceptable. We will continue to work with international partners to hold the regime to account, including at the UN Third Committee later this year.
Tom Gordon
The Iranian authorities have been systematically targeting BBC Persian staff and their families in an attempt to intimidate them into stopping their work as journalists. Freedom of the press is a fundamental right for people all over the world, so will the Foreign Secretary and his colleagues commit to working across Government with the Culture Secretary to revisit the previous cuts to BBC Persian, and look to increase funding for the vital work that the service does?
Hamish Falconer
That is a very important question. Iran clearly remains an extremely hostile environment for journalists, who face harassment, arbitrary detention and long prison sentences. We will raise this issue with the new Iranian Government when they are formed—as the hon. Member will know, they are having their inauguration today, so there are no Ministers yet for me or the rest of the Foreign Office team to talk to. The Foreign Office currently provides a quarter of the BBC World Service budget, and we will no doubt look at that as part of the wider budget review.
Dan Tomlinson (Chipping Barnet) (Lab)
I welcome the Minister to his place. As we were tragically reminded again this weekend, the Islamic Revolutionary Guard Corps is a destructive, malign and terrorist force that is operating through proxies in the middle east, including Hamas and Hezbollah. Will the Minister please update the House on the ongoing work to proscribe the IRGC, which the Conservatives sadly failed to do when they were in government? Will he please also reassure the House that the UK continues to stand shoulder to shoulder with Israel against the IRGC’s continued aggression?
Hamish Falconer
The Government recognise the threat that the IRGC poses, and we will take the necessary measures to counter it at home and abroad. We will keep the list of proscribed terrorist organisations under careful review, but it would not be appropriate to comment on whether an organisation is under consideration at this time. Iran continues to destabilise the middle east through its support for its proxies and partners, and we will work with international partners to challenge that destabilising activity.
The Parliamentary Under-Secretary of State for Foreign, Commonwealth and Development Affairs (Hamish Falconer)
We have been clear that the Government must uphold both our domestic and international legal obligations. The UK respects the independence of the ICJ. We received the advisory opinion on 19 July and issued a statement that made it clear that we were considering it carefully before responding. My colleagues on the Front Bench have already made it clear that they oppose the violence from settlers on the west bank, but I am happy to expand on that point, if that is what my hon. Friend and the right hon. Gentleman would like.
I thank the Foreign Secretary for showing bold leadership and unequivocal support for international law by dropping the previous Government’s opposition to the arrest warrant against Netanyahu. The ICJ’s historic advisory opinion earlier this month made it clear that Israel’s occupation and annexation of Palestinian territories is unlawful, an issue on which many of us have campaigned. What steps is the Foreign Secretary taking to ensure that Israel ends its unlawful occupation, which includes the recent expansion of Israeli settlements on the west bank and the annexation of East Jerusalem?
Hamish Falconer
I know that my hon. Friend cares deeply about these matters. The Foreign Secretary visited the region within a week of taking office, and he has also raised those precise issues with the Israeli authorities. I reiterate that we are strongly opposed to the expansion of illegal settlements and rising settler violence. More west bank land has been declared state lands by Israel this year than at any time since the Oslo accords. The British Government already have sanctions against eight people and two groups in relation to settlers in the west bank, and we will look at all options when it comes to tougher action on issues related to the west bank.
Can the Minister be clear about this? The judgment or opinion given by the ICJ is, quite clearly, that the occupation of Gaza, the west bank and East Jerusalem is illegal. The settlement policy is illegal. Do the Government accept that view, and if they do, what actions will they take to ensure that appropriate sanctions are taken against Israel, including ending arms supplies, to ensure that that judgment is carried out, and that the people of Palestine can live in peace, and not under occupation?
Hamish Falconer
I thank the right hon. Member for his question. This is an extremely complex finding, covering 90 pages. It was issued after considerable deliberation by the ICJ, and there is a variety of views from the judges. As we said at the time, it will take us some time to respond to the full judgment. We will update the House when we are in a position to do so. In the meantime, sanctions will remain under review, as I mentioned in the previous answer.