Council of Europe (UK Chairmanship)

James Clappison Excerpts

Thursday 27th October 2011 Commons Chamber

[Mr Walter]

I thank the hon. Gentleman for his intervention, but I think he will find that more members of the delegation are present on my side of the House than on his, where there are only four. The delegates from my party play an active role in the proceedings of the Parliamentary Assembly, not least my hon. Friend the Member for Christchurch (Mr Chope), who chairs the committee on migration, refugees and population.

One of the powers of the Parliamentary Assembly is to elect judges to the European Court of Human Rights. I have often heard statements in the British press, and occasionally from colleagues, that we should not be subject to the judgments of unelected and unaccountable judges. Well, we do not have any elected judges in this country, but we do have an elected British judge who serves on the European Court of Human Rights.

Perhaps I may correct one other myth. Often we are told that Europe has acquired a flag and an anthem. Those are not the flag and the anthem of the European Union. They were adopted as far back as 1955 by the Council of Europe. Just like Liverpool football club, which also has a flag and an anthem, the Council of Europe has not yet become a nation state.

I want to deal with the United Kingdom agenda and one important aspect of it in particular. During our chairmanship of the Committee of Ministers, an important ongoing issue that may make some progress is the accession of the European Union to the European convention on human rights. The question of European Union accession engenders mixed responses. Among the non-EU members of the Council of Europe, it is considered to be a good thing. They wonder why the institutions of the European Union should not be covered by the European convention on human rights and why the European Court of Human Rights should not have jurisdiction over its institutions. In that spirit, I believe that we should take this matter forward. My concern is about the manner of the participation of the European Union.

[Mr James Clappison (Hertsmere) (Con)]

I pay tribute to my hon. Friend for the conscientious and diligent way in which he has led the British delegation to the Council of Europe. I agree with the remarks with which he has prefaced his comments on the accession of the European Union. Does he agree, none the less, that we would all be the losers, in particular the non-EU member states in the Council of Europe, if the accession of the EU resulted in it appearing that there were two classes of members in the Council of Europe: EU member states and non-EU member states?

[Mr Walter]

I agree entirely with my hon. Friend. I will come on to say why I believe that there could be dangerous developments on this issue, particularly in relation to the Committee of Ministers, of which the United Kingdom is about to take the chair, and its voting procedures when European Union matters are under consideration. At the Dispatch Box earlier today, my right hon. Friend the Chancellor of the Exchequer said, in relation to the eurozone countries, that it was against his basic view that there should be any form of caucusing within the Council of Ministers. I think that that is absolutely right.

I remind my right hon. Friend the Minister for Europe that when he issued his statement yesterday on the UK agenda for the Council of Europe, he also issued a written ministerial statement on voting by European Union member states in multilateral organisations. The EU, of course, is not a member of the Council of Europe at the moment, but it aspires to be one. I therefore raise a concern that has been raised not only by EU member states, but more particularly by non-EU member states. If there was a judgment in the European Court of Human Rights against an EU member state, would the EU member states in the Committee of Ministers, when it came to enforcing that judgment, vote as a bloc or would they do what they do today, which is to decide individually how the judgment is to be implemented?

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[Mr James Clappison (Hertsmere) (Con)]

It is a great pleasure to follow my hon. Friend the Member for Folkestone and Hythe (Damian Collins). I am sure that football supporters throughout the United Kingdom would echo his remarks—as an England supporter, I certainly endorse what he said—and I am sure that everyone shares his concern about how our beloved game is being administered internationally.

I have already paid tribute to my hon. Friend the Member for North Dorset (Mr Walter) for his sterling work in leading the British delegation to the Council of Europe, but I would also like to pay tribute to Opposition Members who have led the delegation while I have been a member of it. I also pay tribute to my hon. Friend the Member for Christchurch (Mr Chope), who is the chairman of the Council of Europe’s migration committee, on which I have the pleasure of serving, for all his hard work in that capacity, and in such an important field. It has been instructive and interesting for me to see how other European Union member states and their representatives view migration. For my part, I am concerned that the questions of who should be permitted to cross borders, who should be permitted to reside in countries, settle in them and become citizens, and who should be removed from them should principally be a matter for member states’ Parliaments and not determined by European law. We must be careful to ensure that the jurisprudence of the European Court of Human Rights does not obtrude unnecessarily in the field of migration.

I want to make three points about what lies ahead for the British chairmanship of the Council of Europe. The first concerns the European Union. I have already made one speech in the Chamber about the European Union this week, and Members might feel that one is enough for a week—I certainly feel it is. However, it is not me who is bringing the European Union into this debate; rather, the European Union is bringing itself in. It seeks to accede to the European convention on human rights and wants Members of the European Parliament to participate in some of the Council of Europe’s activities. I have many reservations of principle about the accession of the European Union to the Council of Europe and the European convention on human rights. I am not clear on what basis the EU seeks to accede to the convention, because every other member of the convention is a nation state and the EU says that it is not one. I am not clear as to whether the change is needed, because the member states of the European Union are already members of the Council of Europe and the European Union already has a charter of fundamental rights, to which the treaty of Lisbon gives legal effect, covering much the same ground as the European convention on human rights. As a result, the prevailing legal position on human rights in Europe could be complicated by the two sets of conventions.

[Martin Horwood]

Will the hon. Gentleman give way?

[Mr Clappison]

I will certainly give way to the hon. Gentleman, who is an enthusiast for the convention if nothing else.

[Martin Horwood]

Surely the point is that the European Union institutions should not be beyond the reach of the convention. Is the hon. Gentleman not missing the opportunity to take the European Commission to the European Court?

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[Mr Clappison]

I think it has been conceded that any citizen in the European Union who feels that their human rights have been breached can already take the European Union to the European Court of Human Rights through the activities of their member state. That can already be done, and it is not clear what the effect of the European Union joining the convention will be.

However, having said that, I deal with this issue in a pragmatic way. We are where we are; the European Union is going to join. The question for British representation and our chairmanship of the Council of Europe is how we make a success of things and smooth out some of the difficulties. I urge my right hon. Friend the Minister for Europe to pay careful attention to the points that my hon. Friend the Member for North Dorset raised about the way in which the European Union members in the Committee of Ministers will operate. There should be no question of any caucusing or any departure from the representation that normally takes place, where every member state on the Committee of Ministers sits as an individual member state. If we depart from that principle, we are in danger of creating two classes of members in the Council of Europe: those that are members of the European Union and those that are not. That would be damaging, so I hope that it does not happen.

I feel confident that my right hon. Friend and his colleagues will work hard to ensure that that does not happen, so that we obtain whatever benefits are to be obtained—at least there is one Member in the Chamber, speaking for the Liberal Democrats, who thinks there will be some benefits; I think it will be more a question of mitigating the damage—and make the best of things. My hon. Friend the Member for North Dorset is not approaching these issues as one who is a completely hardened Eurosceptic, as we know from his speech on this matter the other evening. His voice on this should be listened to, as someone who wants this to succeed and who is taking a pragmatic point of view. I hope that my right hon. Friend the Minister will pay attention to that, and work hard, as I know he does in every other field of the European Union, to make this a success.

My second point that the British chairmanship could take forward relates to the emerging democracies on the borders and in the neighbourhood of Europe. I am thinking particularly of those that have been involved in the Arab spring. The Council of Europe has built up a good record over a long period of helping to promote democracy in newly democratic states in Europe. Indeed, that is part of its history that has perhaps not been emphasised sufficiently this afternoon. It started in the dark days of the cold war, when it had a small membership. As the cold war ended, and we began to have more democratic states in Europe, the Council of Europe did a very good job of promoting and safeguarding democratic values.

Obviously, the countries on the borders of Europe in the Arab world are in a different position, but there can be a role for the Council of Europe in promoting democracy in those countries. It has already established its partnership for democracy scheme, which is now in operation in Morocco, and it has agreed to give the same status to the Palestinian Authority. This can only be a good thing, and it is in everyone’s interests to promote human rights in countries that have had a political culture of dictatorship and have not been democracies in the recent past. I would therefore urge my right hon. Friend the Minister to take forward that good work, as it will be to the profit of the Council of Europe and of this country.

My third point is a more general one, and it echoes some of the points made already this afternoon, particularly by my hon. Friend the Member for Gainsborough (Mr Leigh). May we have a tighter focus during our chairmanship on what are generally regarded as human rights? It would be quite an undertaking to try to define human rights in the time that I have available, but I would like us to focus on those things that members of the public, our constituents, would recognise as human rights. They include the right to life itself, the right to freedom of expression, the right to freedom of religion and the right to freedom of assembly. Those are generally accepted as human rights.

It has to be said that, today in Britain, human rights have rather a poor image compared with the one that they had 20 or 30 years ago. Today, if one raises the issue of human rights with the general public, one is more likely to elicit a groan than a cheer. That was not always the case, however. Certainly, in the 1960s, 1970s and—dare I say it—the 1980s, people regarded human rights in a positive way. They associated them with admirable organisations such as Amnesty International, with the dissidents in the former Soviet Union and with the people fighting apartheid in South Africa. Human rights had a positive image, but things are very different today.

In his excellent speech, my hon. Friend the Member for Gainsborough made some important points about the perception of human rights. I have to say that there is a clue as to what the turning point was. It seems to have come at about the same time as the passage of the Human Rights Act 1998. I remember this because I was in the House at the time. There were those who said that we should be careful about the effect of incorporating the convention on human rights into British law. They pointed out that our legal system was very different from other European legal systems, and that the effect of its incorporation could create considerable difficulty. They also said that it could lead to more and more judgments of a political nature masquerading as judgments on human rights. So far as the Council of Europe is concerned, if Ministers can bring the focus on human rights more tightly on to what people regard as human rights, that would be a good thing.

There is still a need for the safeguarding of human rights in Europe, and even—dare I say it—in this country. Even after the passage of the much-vaunted Human Rights Act, there have been serious violations of human rights affecting this country that were not even covered by the Act. They have, however, been the subject of very good investigations by the Council of Europe. I am thinking particularly—this took place during my time on the Council of Europe—of the very good investigation into extraordinary rendition, which was carried out by the Swiss senator, Mr Marty, and the relevant committee of the Council of Europe. At that time, the question of extraordinary rendition was not terribly fashionable. Only a few lonely voices, such as that of my hon. Friend the Member for Chichester (Mr Tyrie), raised the issue here, and he was met by a wall of silence when he did so. It was denied that there were any problems for this country with extraordinary rendition. My hon. Friend tried to shed light on it, but not much light was shed.

It has turned out to be the case—not least through the work of the Council of Europe and Senator Marty—that there were indeed matters that needed to have light shed on them at that time. I believe that apologies or acknowledgements have been made that there were problems involving extraordinary rendition, which were denied from the Dispatch Box but were in fact taking place. There certainly were issues of extraordinary rendition on British territory, and there were the “black sites” and the circuit flights used for that purpose in Europe more widely. All of that was brought to light through the work of the Council of Europe. The Council of Europe has indeed played a very good role, as torture is something that I think we would all accept as a breach of human rights. My hon. Friends who served on the relevant committees did a very good job in helping to reveal the facts.

The Council of Europe does not receive a great deal of publicity in this country, but I think it does a very good job in dialogue with other member states, including the new democracies in Europe. It does a good job also in dialogue with the states that have observer status on the Council of Europe, including the state of Israel. It has certainly worked hard with those observer countries to promote human rights through them.

The question of the cost of the Council of Europe was raised by the hon. Member for Bassetlaw (John Mann). I think we all need to be vigilant about the costs of these international assemblies, but as has been said, the Council of Europe has not had its expenditure increased, so it has had a real-terms reduction over several years. We should all look carefully at this.

Perhaps a better place to start in the search for cost reductions in our representation in international organisations would be with the European Parliament, which has—today, as it happens—submitted a request for a 5.2% increase in the European budget, coming on top of a claim for an increase of 6% last year, which resulted in an actual increase of 2.9%. I hope that our Ministers will continue to work as hard as they have—it is very much to the credit of my right hon. and hon. Friends that they were at the forefront of the effort—to keep the European budget down. They fought hard, but of course they have to work with the other member states and the other institutions of the EU. There was certainly no lack of effort. In light of the comments from the hon. Member for Bassetlaw, I hope that my right hon. and hon. Friends’ work to control these budgets will get support from all parties. I hope we will not hear something said from either side of the Dispatch Box that is not then followed up in the activities of the MEPs of the parties in question.

I wish the Minister for Europe well in his role. I know he is very busy, with many other matters to attend to. I hope that Britain makes a success, as I am sure it will, of its chairmanship of the Council of Europe. There will be some big issues to confront. I am sure that my right hon. and hon. Friends will rise to those issues and that we will showcase our own very good record in these matters, while also giving impetus on the important challenges that lie ahead—not just in Europe, but in the countries near to Europe—in promoting and safeguarding human rights at this very sensitive time.

[Mr Lidington]

With the leave of the House, Mr Speaker.

First, let me thank every Member who has taken part in what has been a thoughtful and wide-ranging discussion of issues within the remit of the Council of Europe.

The speech of my hon. Friend the Member for Folkestone and Hythe (Damian Collins), in which he dwelt on how the Council of Europe addresses questions of sport and seeks to root out corruption in sport, served to remind us of the breadth of the remit of the Council and its various committees.

My hon. Friend the Member for Cheltenham (Martin Horwood), who referred to Russia and other countries whose human rights records have been subject to a great deal of criticism, reminded us that, although we who live in countries with long and well-established national traditions of human rights sometimes find it irksome when judgments are made against us, the principles that are incorporated in the convention, and subject to judgments by an independent court, still matter hugely to citizens of countries that do not have established, centuries-old traditions such as those that we are fortunate enough to enjoy.

My hon. Friend the Member for Hertsmere (Mr Clappison) rightly drew attention to the way in which the Council of Europe is already contributing to the development of democratic traditions and the growth of the rule of law in the fledgling democracies of north Africa. We strongly support that work, and hope that it will continue. When he pointed out that in this country, until fairly recently, human rights were regarded universally as something that should be welcomed and supported, I was reminded of the fact that the European convention on human rights was, and is, based on noble ideas. At the end of last month, I met in Warsaw members of the opposition parties from Belarus, one of the few countries in Europe that are not party to the convention. That brought home to me the importance of our not taking for granted the liberties and rights that we and our citizens enjoy. My hon. Friend’s comments about extraordinary rendition were a salutary reminder that, however strong our traditions of human rights in much of Europe, we cannot afford to be complacent about them.

As has emerged during the debate, there is a range of views about how human rights are best protected, and about the respective roles of national authorities and the European Court of Human Rights. That is, of course, one of the issues that we intend to address during our chairmanship. The principle that we will advance is that national authorities of member states—their Governments, legislatures and courts—have the primary responsibility to guarantee and protect human rights at a national level. The role of the European Court of Human Rights is subsidiary in achieving those objectives.

During our chairmanship, we will work with all the member states of the Council of Europe to see how that agreed guiding principle, which was built into the Izmir declaration earlier this year, should work and can be strengthened. However, it is important to note that the corollary of the principle is proper implementation of the convention by national authorities. Of course the United Kingdom should still be subject to judgments of the Strasbourg court, but the court should not normally need to intervene in cases that have already been properly considered by national courts applying the convention.

I am under no illusion about the fact that agreeing on the necessary reforms will not be easy. Consensus among all 47 member states is required. I am, however, struck by the degree of consensus that already exists. Virtually everyone agrees that the current situation is unsustainable and undermines the court’s authority and effectiveness. However, we have already made progress. In April this year, all 47 countries called for the court to exercise restraint when interfering in national decisions on the deportation of asylum seekers and others who have exhausted fair and effective domestic court procedures. Since then, we have talked to many member states and to key individuals in the Council of Europe. We know that there is an appetite for further reforms. We will work energetically to gain agreement on a reform package, and will give it the highest priority during our chairmanship. I shall respond to as many points raised as possible. I apologise to any colleagues whose contributions I do not have time to address, and I undertake to write to them.

My hon. Friend the Member for North Dorset (Mr Walter) asked several questions. On the budget of the EU Fundamental Rights Agency, the UK has long-stressed the importance of the EU not duplicating the work of the COE, which we believe is, and should remain, the prime European focus for work on human rights. While the FRA of the European Union does some interesting research, the COE does far more valuable work, and does so with fewer resources.

My hon. Friend also questioned the figures I gave on the backlog of cases. I have had the latest figures checked and there are approximately 155,000 cases in the backlog. That figure has dropped slightly in recent times, from about 160,000.

My hon. Friend focused on the accession of the EU to the COE, and my hon. Friend the Member for Hertsmere also mentioned that. This is a complex matter, and negotiations are still ongoing. I undertake to write to my hon. Friend the Member for North Dorset, giving further details on this, but for now I shall briefly explain where we are at present. As the House knows, EU accession to the COE was one element of the treaty of Lisbon, which was ratified by all 27 member states in 2009. There is considerable fear that the interaction of EU accession in its own right to the COE with the duty of sincere co-operation, which applies to all member states of the EU, could lead to the creation of an EU caucus within the structures of the COE. The British Government’s position is that while we accept what is written in the Lisbon treaty—that the EU should accede to the COE—and while we can see the advantages of placing the institutions of the EU clearly within the remit of the European Court of Human Rights, we will only agree to the detailed instrument of accession when we are completely satisfied about the detail not only of the drafting of the instrument of accession itself, but, importantly, of the drafting of the EU’s own set of rules on how its membership of the COE would be made operational and how, in particular, that would interact with the duty of sincere co-operation.

[Mr Clappison]

I welcome my right hon. Friend’s approach to this matter. Can he confirm that in his discussions at the European level, we will have a right of veto? In other words, will this be subject to unanimity, so we can insist on the very important points he has just made?