Council of Europe

Jeremy Corbyn Excerpts

Wednesday 15th June 2022 Westminster Hall

[John Howell]

I completely agree with that intervention. I will come on to say something about that at the end of my speech; it is crucial to what we are about.

The Russian expulsion has, however, left the Council with a deficit, which this time we are keen to see professionally filled. I appreciate the need for reform of the Council, and we look forward to participating in that. It is bizarre that meetings have taken place at a ministerial level in which there has been little contact with the delegation, which has tremendous experience of the Council and its work, but I am grateful that the UK Government have agreed to provide an additional £2.8 million this year to help the Council out of the hole left by Russia’s expulsion. That gives us an opportunity to take advantage of the current situation to push the UK position forward in the full knowledge that we are participating fully in the future of the Council.

It is important to understand how the Council works. It works on the basis of putting forward conventions—international treaties—for countries to agree. Those set standards across a wider Europe in key areas. I will give the example of the Istanbul convention, which goes a long way to answering the question: what does the Council do for us? The Government have set 31 July as the date by which they expect to ratify the Istanbul convention on preventing and combating violence against women and domestic violence. Many of us regard it as a flagship convention of the Council of Europe and as the gold standard for the protection of women and girls in Europe. Dame Maria, you and I spoke at a debate on this subject that I organised in the covid period.

The Government signed the convention in 2012 and have been working since that date to strengthen UK laws to better protect women and girls—we like to change the law in this country before we finally ratify a treaty. The necessary Command Paper was laid in both Houses on 17 May. I hope that there will be no objections in the following 21 sitting days and that the convention will be ratified.

There are two reservations in the convention that the UK is allowed to make. The first concerns crimes in UK law that are not crimes in other territories, and the second relates to migrant victims. Members are free to ask Ministers questions about those caveats. That illustrates only too well how the Council works: a treaty that it is not compulsory to sign, where the arguments for or against are set out and fully debated, and where the successful signing of the treaty involves us as members of the delegation in pursuing the diplomacy involved through, for example, Westminster Hall debates; by encouraging meetings between Ministers and the President of the Parliamentary Assembly of the Council of Europe; and by our membership of the parliamentary network “Women Free from Violence”.

The Council is also active in the field of human rights, and never has there been a greater need to be on top of this issue internationally. I have already held a debate in the main Chamber on the future of the European Court of Human Rights because it does need reform. Non-governmental organisations have too much influence. Some of the judges could be more suitably qualified. Not only were Russia’s judges sent back for examination; the same has also happened with Iceland. But one of the biggest tests for the court is occurring in Turkey, where the Committee of Ministers—the second chamber of the Council—has begun infringement proceedings. The key question here is: are we to allow Turkey to infringe the court, or are we to take action? And what should that action consist of? Does it mean the expulsion of Turkey from the Council, or are there other routes to follow since we cannot do nothing? As one of the rapporteurs for the Council on Turkey, let me explain the situation in relation to Osman Kavala.

Kavala is a leading businessman and campaigner who has been sentenced to aggravated life imprisonment after a period of pre-trial detention. The Turkish authorities argue that the original court case has been complied with in relation to the European Court of Human Rights in that Kavala was released to be rearrested the following day. The court argues that its judgment applies to the whole of the evidence base for all charges brought against Kavala, which are lacking in any evidence. That is the source of the current impasse with the Turkish Government. Turkey faces many attempts at terrorism, for which I have great sympathy, but the question must be asked whether these anti-terrorism laws are too restrictive and contravene human rights. There are, of course, other examples besides the Kavala case.

That example illustrates the important work of the Council in monitoring countries to ensure they are complying with the three pillars of the Council: human rights, the rule of law and democracy. That work and election monitoring are important functions. While I can see there is room for joint monitoring exercises with the Committee of Ministers, this is an important element of what the Council does. I would not like to see it given away to another organisation, and the Council not to have a role.

There is plenty of opportunity for the Council to work with other organisations, such as the Organisation for Security and Co-operation in Europe. I have already had discussions with the head of the UK delegation to the OSCE, and we are looking at ways to work together more closely, but it would wrong to see the OSCE having more experience of election monitoring or in monitoring more generally.

A key question remains about the future role of the Council of Europe. I welcome the UK Government’s support for Kosovo to join the Council, which the delegation also supports. Many discussions on this have already started, in which we can, should and do participate. The recent Turin ministerial meeting is one such example. I am grateful for the attendance of my right hon. Friend the Foreign Secretary at that meeting. Another is the debate that took place at the standing committee in Dublin on the future discussions that will take place.

There is so much more that the Council could do in the area of the rule of law and in promoting democracy more widely across Europe. There are gaps in both those areas in many countries, and knowledge is needed to help them get the right answer. We stand ready to work in promoting that area. The delegation would value the chance to have more extensive discussions with the Foreign Office, and with other Ministers. We do have the experience of putting together programmes in this area.

[Jeremy Corbyn (Islington North) (Ind)]

Does the hon. Gentleman agree that one of the problems with the Council of Europe is that its work, importance and role are not fully understood, even by Members of this House, never mind the general public? I know he has worked hard on that. We need to have a much more active public relations initiative, explaining the value of the Council of Europe, its powers and the changes it can, and does, bring about among members states.

[John Howell]

I agree fully with right hon. Gentleman. I try my hardest to push that as leader of the delegation. It is essential to get across what the Council is about, how it can help, and the role it now plays in—I have to use this expression—a post-Brexit Britain. It plays a vital role in ensuring that we have good relations with parliamentarians in other parts of Europe.

I will conclude by saying that putting down written questions after each debate at the Council of Europe brings home how wide those debates are, and how they affect policy across Government. Debates that relate to the Foreign Office account for about 30%. The rest cover a range of Ministries, from the Department for Work and Pensions to the Department for Digital, Culture, Media and Sport. I ask those questions I put to them to show the range of debates that we conduct, partly to ensure there is a written answer on record for the issues that have been discussed, and so that we understand what Government are doing. That is welcome, at least by members of the delegation, but we would welcome the Minister’s help in ensuring that the Government’s position can be put across when rapporteurs visit the country on behalf of the Council and need to see a Minister. I know that that is a pain, but without it the result does not look good and can leave us in an embarrassing position.

I am extremely grateful not just for the work of all members of the delegation—we try to operate on a genuinely cross-party basis wherever possible, and the number of Members here for the debate illustrates that—but for our utterly brilliant secretariat led by Nick Wright, to whom we would all like to pay our thanks.

--- Later in debate ---

[Jeremy Corbyn (Islington North) (Ind)]

I am pleased that we are having this debate, and to be an alternate member of the Council of Europe. I have found the experience very interesting. As I said to the leader of the UK delegation, the hon. Member for Henley (John Howell), in an intervention, the lack of information, understanding and publicity about the Council must be addressed.

The Council of Europe is a big body and it spends a great deal of money on staff, resources and all that—I am not complaining about that, but there has to be a much better understanding of what it does. Its foundation in 1949 was historic and dramatic, because it gave a European focus on human rights, and it supported the principle of the European convention on human rights and the European Court of Human Rights.

Some people, no doubt, will not be very pleased with the decision made last night, but personally I think it was absolutely the right decision. If any member state, including this one, goes outside the European convention on human rights and behaves in the way that the British Government wanted to, there are consequences. The Court has intervened to bring that about.

Personally, I support the decision, but others might not. However, we cannot complain about other countries not complying, such as Turkey or in the past Russia, if we do not stand up for exactly the same principle ourselves. The European Court of Human Rights is something that the whole of Europe apparently subscribes to and ought to continue to subscribe to.

The discussions in the Council of Europe on human rights issues are important, but more important in some ways is the engagement with, and delegations to, different member states to try to improve their human rights records, their prison conditions and prisoner rehabilitation regimes.

Russia was expelled from the Council of Europe. That has now happened. It is a huge step to expel a member state. Although I, like everyone in this Chamber, totally condemn the Russian invasion of Ukraine and the war that is going on there, we have to ask ourselves a question: what message does it send to human rights campaigners and victims of human rights abuses in different parts of Russia if they no longer have access to the European Court of Human Rights? I know the issue of Turkey is writ large. Turkey is an abuser of human rights through its prison conditions, its treatment of Kurdish and Armenian minorities, and in a number of other ways. I am not in favour of the expulsion of Turkey from the Council of Europe. I want to see engagement—for us to work with and support the many brave journalists and human rights campaigners in Turkey, and try to bring about improvements in their society and their country.

The role of election observation is an important one. I was recently an election observer—not on behalf of the Council of Europe, but a different body—at the elections in Colombia. Having observed other elections in other places, I know the great importance, not necessarily of finding all the faults, but of simply being an unexpected presence at the polling stations with a right to investigate and inspect what is going on. Therefore, to me, the Council of Europe is a very important body.

To conclude, we must ensure that there is a serious information campaign about the role of the Council of Europe and all its policy areas—environment, human rights, and many other social policy areas—so that people understand what it does. Obviously there was a funding issue with Russia’s removal, but that ought to spur us on to have a better information campaign and better reporting back. The least we could expect is to have a debate in the main Chamber of our Parliament, rather than here in Westminster Hall; I am not criticising Westminster Hall, but this ought to be a main Chamber debate.

--- Later in debate ---

[Stephen Doughty (Cardiff South and Penarth) (Lab/Co-op)]

It is a pleasure to serve under your chairpersonship, Dame Maria. I thank the hon. Member for Henley (John Howell) for securing this debate at a critical time for democracy and the rule of law across our continent. I agree that it is a shame that this debated in the main Chamber; I hope that can happen in due course.

It is perhaps arguable that the work of the Council of Europe has never been as critical as it is today, whether that is on human rights, the rule of law and democracy, or, of course, in its crucial election-monitoring role or through the many other activities it undertakes. Not only do we face the pressing threat of Russia’s illegal war against the people of Ukraine, but we see attempts to sow disharmony, undermine democracy and foment tensions elsewhere, whether in the western Balkans, Moldova, or the Caucasus—all, of course, within the geographic remit of the Council of Europe.

We have had some excellent speeches today. I echo the hon. Member for Henley in thanking our officials, the permanent representative, our judge, and all those who play a part in delegations, many of whom are represented today, including many of my hon. and right hon. colleagues on this side of the House.

I want to recognise the comments of my hon. Friend the Member for Rochdale (Tony Lloyd) and the work he does, and his recognition of the Council of Europe’s role for many member states in the huge, historic shift from the time of fascism and communism to where they have come to today. He spoke about Turkey and others—I will come on to those—and made a powerful statement about the importance of the ECHR and its judgments, and the role that we played in creating it, while also recognising the need for reform, for example in the length of time for judgments.

The right hon. Member for North Thanet (Sir Roger Gale) made some powerful remarks about the importance of the Council of Europe and its geographic reach. He rightly referenced the expulsion of Russia—something I think we would all agree with. He also referenced other issues, such as Cyprus. I had the pleasure of visiting Cyprus recently and agree with many of his comments about the need to resolve that conflict and return to the plan for a bizonal and bicommunal federation.

[Jeremy Corbyn]

Does my hon. Friend agree that it is also important in this context to have as much contact as possible, through the Council of Europe, with Russian human rights campaigners and activists, so that they feel that there are people who are interested in the difficult situation they find themselves in?

[Stephen Doughty]

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

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

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

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

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

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

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

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