Monday 14th November 2022

(1 year, 6 months ago)

Commons Chamber
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James Heappey Portrait James Heappey
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Sometimes interventions take us in a direction we do not want to go, but the hon. Lady could almost see my notes and that is exactly where we go next.

That is why, in addition to providing Ukraine with vital weapons capabilities, the UK has committed £22 million to support Ukraine’s energy sector. That includes a £10 million fund for emergency infrastructure repairs and to reconnect households to power. It also includes £7 million for more than 850 generators, which is enough to power the equivalent of about 8,000 homes and will support essential services, including relief centres, hospitals, phone masts and water pumping stations. Approximately 320 have been delivered to Ukraine so far, with the rest to be delivered over the coming weeks and months. Finally, that funding provides a further £5 million for civil nuclear safety and security equipment. The attacks on the Zaporizhzhia nuclear power plant continue to be a cause for major concern. We support the calls of the International Atomic Energy Agency for a nuclear safety and security protection zone around the plant, including its reactors, nuclear waste, spent fuel pools, and energy and cooling systems. The shelling and military activities near the plant must end.

Of course, there are wider ramifications to Putin’s brutal incursion. His decision to use food as a weapon of war has had a global impact, exacerbating economic fragility and food insecurity. Ukraine was one of the world’s largest exporters of grain, meeting the needs of hundreds of millions of people. At least 25 African countries import a third of their wheat from Russia and Ukraine. All this underlines the significance of maintaining the Black sea grain deal initiative. Since 1 August, it has ensured ships laden with grain have safe passage through the maritime corridor to the ports of Odesa, Chornomorsk and Pivdennyi. Several weeks ago, Russia capriciously pulled out of the agreement, citing so-called concerns over the safety of ships in the Black sea. I am glad that Russia has now seen sense and resumed its participation in the joint co-ordination centre. I want, in particular, to applaud Turkey and the United Nations Secretary-General for their efforts in brokering that agreement and ensuring its implementation.

Jonathan Djanogly Portrait Mr Jonathan Djanogly (Huntingdon) (Con)
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Can the responsibility for the grain getting through actually be put down to Turkey’s efforts? Is Turkey still going to be helping us and standing firm on that very important issue?

James Heappey Portrait James Heappey
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My hon. Friend is absolutely right and I believe he may have been on the ground recently to have some of these discussions himself. Turkey is indispensable to the negotiations that need to be conducted to keep grain flowing, and we are very grateful to it for the role it is playing.

As temperatures drop, Putin apparently believes he can chip away at western resolve by forcing up food and energy prices. Our task is to prove him wrong. There are signs that, far from weakening the mood of the international community, it is hardening. Back in March, 141 states condemned Russia at the UN General Assembly; at last month’s UNGA, that number rose to 143, or three quarters of the entire UN. Russia’s four supporters were Syria, Belarus, Nicaragua and North Korea—with friends like that, Madam Deputy Speaker. The reality for Russians is that they have become pariahs, isolated from the community of nations and unable even to be elected to UN bodies such as the Committee on Non-Governmental Organisations, UN Women and UNICEF boards.

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Jonathan Djanogly Portrait Mr Jonathan Djanogly (Huntingdon) (Con)
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As we rejoice at the liberation of Kherson, we need to be mindful that Ukraine is still very much a country at war. As Russian Federation tanks rolled across the border on to sovereign Ukrainian territory on 24 February, the world bore witness to an attack against the post-second world war settlement of a magnitude and kind without precedent.

I congratulate the Government on the superb and consistent support the UK has provided to Ukraine, but the situation constantly changes and I believe we now need a rethink on sanctions. I frequently hear people, including UK Ministers, say that this is Putin’s war, not that of the Russian people, thereby laying the blame for an entire nation’s aggression at the feet of one man. This aggression, we must not forget, seeks to erase Ukraine from the map, destroy its culture, and turn back the clock to a period when the Russo-centric Soviet Union dominated eastern Europe and its peoples. Having had the opportunity to visit Ukraine, most recently in September, and speak with some of the brave men and women valiantly defending their homeland, the notion that this is solely Putin’s war is one that I reject. Of course, western-induced regime change within the Russian Federation is not a sound basis for the United Kingdom’s foreign policy, but even if it were I do not believe, as is mooted by some, that new leadership in Moscow would necessarily bring the war to an end. In fact, I believe that the opposite is possible: a new leader trying to burnish their nationalistic credentials by taking even greater destructive and indiscriminate military action. No Putin does not necessarily equate to no war.

Liam Byrne Portrait Liam Byrne
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I am grateful to the hon. Member for giving way and it was a pleasure to be with him in Kyiv earlier this year. He is making an incredibly important point, because sometimes we hear our allies say, “We have to make sure that Putin cannot do this again.” Actually, that is the wrong analysis. We have to make sure that Russia cannot do this again.

Jonathan Djanogly Portrait Mr Djanogly
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The right hon. Gentleman is absolutely right, and I will try to prove that point further.

Many of those in leadership roles surrounding the current Russian President, such as the Chechnya leader, Kadyrov—who suggested using a tactical nuclear weapon against Ukraine—espouse rigid nationalist views. They should not, and cannot, be absolved from blame for the invasion, as the term Putin’s war may allow. It is also important to highlight that many towns in reoccupied Ukraine now have unmarked graves resulting from murders perpetrated by members of the Russian armed forces: the Bucha massacre is a poignant example that we all have a duty to remember and reflect on. Reports are also rife of mass rapes, looting, torture, removal of children and confiscation of vital food stuffs—again, all deeds done by soldiers and administrators of the occupying power. It is clear to me that many people of the Russian Federation are up to their necks in heinous crimes committed during the ongoing war against the Ukrainian people, and the individual perpetrators must bear full responsibility and be prosecuted.

A case against those actively engaged in the invasion is clear, but what about the wider Russian people themselves? The problem is that by using the term Putin’s war, it is possible to excuse, overlook or ignore that the war, in all its gore and injustice, remains very popular among most of the Russian population. It is not just Putin, his cronies and his oligarchs. Some Russians, a small minority, have laudably taken a stand, memorably and notably Marina Ovsyannikova, who staged an on-air protest in March denouncing the war. Such defiance has, however, been more of an exception than the rule. Indeed, polling from within the Russian Federation continues to indicate strong support of over 70% for both the war and Putin among the populace.

Bob Seely Portrait Bob Seely
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My hon. Friend is making an excellent speech, as ever. The extent to which the Russians support the war is a complex issue. He is not wrong to say that it is still very popular, but I just wonder if there is a slightly more generous way of putting it. There is a hard core against—very brave people, as he has outlined. There is a hard core for—the military bloggers and the nationalist community, who are becoming increasingly concerned. But in the last 20 years, because of the amount of propaganda in Russian society, most Russians know to avoid politics as an issue; they let the people in power get on with things. Does he accept the point that, rather than the war being popular, the agnosticism towards politics means that it is kept away from as a subject?

Jonathan Djanogly Portrait Mr Djanogly
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I accept that it is a subject we could go into in some degree, but I would make the point that of those Russians who have been leaving Russia and going to places like Armenia, Georgia or the more than 250,000 who have gone to Turkey, it is by no means proven that they are anti-Putin. In fact, a lot of research says they are going to those countries because either they want to pursue their business activities, which sanctions prevent, or they do not want to be called up on the reserve list, not because they do not like President Putin.

What I am suggesting is that at some point citizens and leaders need to take collective responsibility for the actions of the state and the armed forces that operate in their name. For Russians, I would argue that that time has long passed. If we agree that there should be collective responsibility, we can make the moral case for collective sanctions—economic and travel. Travel restrictions, like those implemented by six EU states, are a more practical way of reinforcing the message of collective responsibility than economic sanctions, which mainly apply only to wealthier people.

As the situation stands, at the end of the war, whenever that may be or indeed before, assets that have been frozen, across the west and other areas of the globe, will be reclaimed by their owners, including here in the United Kingdom. The public, including many constituents in Huntingdon who I have corresponded with about the situation in Ukraine, naturally assume that a frozen superyacht owned by a sanctioned individual will be sold, with the proceeds used for reconstruction. We are talking about some £18 billion of frozen assets, not including real estate, in the UK alone. That is not, alas, currently the case. If the situation is not remedied, an embarrassing political situation, not to mention a morally dubious one, beckons.

Ministers should be prepared to consider, working with our allies, how frozen assets can be legally seized, sold and the revenue put to work for Ukraine’s rebuilding. The World Bank’s assessment made in September is that Ukraine will need $349 billion for recovery and reconstruction. It is worth saying that it is not just a question of law changes, but adopting a more aggressive attitude within the existing system. For instance, when the FBI boarded Mr Kerimov’s yacht Amadea in Fiji, it looks like the United States used the oligarch’s maintenance of the yacht as a criminal breach of sanctions, thereby allowing confiscation. We could and should be more assertive than we are.

As for possible law changes to facilitate confiscation, the first is a revisiting of the Trading with the Enemy Act 1939. During the second world war, that Act allowed the Government of the day to confiscate assets owned by residents of enemy countries in British territories. It focuses squarely on the assets of any person or organisation of countries with which the United Kingdom is at war. Thankfully, there has not been much cause to review it since 1945. An amendment to the definition of war, however, could provide a valuable basis for considering how Russian assets could be seized for the benefit of Ukraine and its reconstruction.

Secondly, Canada’s Budget Implementation Act 2022, which was passed in June, includes amendments that allow for the forfeiture of property that is subject to a seizure or restraint order under the Special Economic Measures Act 1992 and the Justice for Victims of Corrupt Foreign Officials Act (Sergei Magnitsky Law) 2017. That is done under both regimes using forfeiture orders, allowing the relevant Canadian Government Minister to apply to a court to forfeit assets that have already been seized or frozen. A number of safeguards are rightly built into the legislation. For instance, any person who appears to have an interest in the property may be heard by the relevant court.

A further possible avenue that I wish to highlight is one proposed by the Washington DC-based New Lines Institute for Strategy and Policy, which formulated a multilateral action model on reparations. In the model, the institute draws 13 convincing conclusions that lay the basis for an international, effective and legal reparations and compensation scheme. The model builds on the relatively recent and practical example of the Kuwait compensation fund, which, together with the UN compensation commission, paid some $52 billion in compensation to 1.5 million claimants over 30 years following the Iraqi invasion in 1990. The establishment of the fund and commission was possible only due to the agreement of those nations with a permanent seat at the UN Security Council. Unfortunately, as Russia is an aggressor in the case of Ukraine, that exact road map cannot be followed. The institute therefore makes the argument for working through the UN General Assembly rather than the Security Council.

The avenues that I have highlighted are but a number that are worthy of wider consideration—there are others. It is crucial, however, that the conversation surrounding compensation and reparations now begins in earnest, because just to continue saying, “This is only Putin’s war” is no longer relevant or morally sustainable.

Eleanor Laing Portrait Madam Deputy Speaker (Dame Eleanor Laing)
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I call the Scottish National party spokesman, Martin Docherty-Hughes.

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Liam Byrne Portrait Liam Byrne (Birmingham, Hodge Hill) (Lab)
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It is a great privilege to follow such remarkable contributions. It has been especially heart-warming to hear from Members who have talked about the people sponsoring Ukrainian refugees, because not just across this House but across this country, there is a shared sense that the brave men and women of Ukraine’s armed forces are fighting for freedom and to ensure that our values do not perish on the continent of Europe.

As we heard in the American elections, there are those who are beginning to argue that, now advances are being made and now Ukraine has recaptured about half the territory taken by the Russian invaders, it is somehow time to let up, to sue for peace and to question whether we are supplying too much to Ukraine’s armed forces. Those voices must be shut down as quickly as possible. Now that Ukraine’s armed forces are on the west bank of the Dnieper river, it is possible for them to begin targeting the supply lines into Crimea, which means Crimea suddenly comes into the crosshairs. It is now possible for us to think realistically about a battle of the Black sea in the months ahead.

I offer three thoughts to this debate—one about the military options and two about the political options—and I would be grateful if the Minister took them into account in his winding-up speech.

First, as former general Ben Hodges argued at the weekend, it is now possible for Ukrainian forces not simply to hit the lines of control into Ukraine with HIMARS from the west bank of the Dnieper river but, if we gave them longer-range ATACMS missiles, to extend the ambit of those fires into the Black sea. That would allow attacks on Russian navy assets, from which, let us not forget, Russia has been firing Kalibr cruise missiles at Ukraine’s water and electricity infrastructure, which is putting the pressure on morale that we have heard about this evening.

Hitherto, America and, I believe, NATO have said those longer-range fires are off the table. We have heard from the Americans that ATACMS missiles, because they have a range of 300 km and could be fired directly into Russia, will not be supplied to Ukrainian armed forces. We are therefore not equipping the Ukrainian armed forces with the full capabilities we have to offer.

Given the threat we know is coming from Russia, and given the threat we know is posed by the Russian navy in the Black sea, surely now is the time to take away that red line and make a much wider supply of weaponry available to Ukraine’s armed forces, so they can begin to double down on the advantage their courage has bought them with so much blood and treasure over the last few months.

Secondly, it is about not just projectiles but politics. There is a lesson to be learned from the way in which we brought Milošević to the negotiating table during the last Yugoslav war. It was very simple: we stated in terms that there would be an almost infinite supply of weapons to back the forces of goodness until he signed up to certain terms and came to the negotiating table. At that point, he knew there was no escape and that the bombardment would continue until he folded his cards. Sure enough, he folded his cards and came to the table, and the Dayton accords followed. Surely that is a lesson we should learn. Surely now is the time when we do not just say that Putin must leave, Russia must fail and Ukraine must prevail. Surely now is the time when we set out in terms the conditions that we are determined to see met and that, until they are met, there will be an infinite supply of weapons from us, as the arsenal of hope in this great conflict.

Those terms are very simple. First, wide blue safe skies across 100% of Ukraine. Secondly, 100% decolonisation of Russian forces from the territory of Ukraine, on 1991 borders—Russia must be removed from every inch of Ukrainian land. Thirdly, we must prosecute Russia for the crime of aggression. There are precedents for this in international law. We know how to do it, the case is very clear and we should make it very clear to Putin that the prosecution will now come. Fourthly, we should be prosecuting individuals for the war crimes of which they are guilty, not just in Bucha but across the black and blood-fouled earth of the territory that Russia has invaded. Finally, we must ensure there is a full exchange of prisoners, and a full repatriation of the up to 2 million people who the Russians moved from their homeland to various parts of Russia.

We know those are the five basic demands of Ukraine’s leaders, because many of us were in the presidential palace in Kyiv to hear them from President Zelensky. I do not understand why the Foreign Secretary, the Secretary of State for Defence and perhaps even the Prime Minister cannot set out that there will be an infinite resupply of weapons until these terms are met. I do not understand why we are not making that crystal clear to President Putin, to the people around him and to the men and women of the Russian army, who are already fairly mutinous. We must make it clear that we are not going away, we are not backtracking, we are not retreating and we are there with the Ukrainian people and their armed forces until every one of those five objectives is met.

The final thing we should be doing is increasing the political pressure on Putin and those around him. I agree with 100% of what the hon. Member for Huntingdon (Mr Djanogly) said this evening, but I would go further. We need to ask ourselves in this House today: why are we not proscribing the United party of Russia as a terrorist organisation? Are we seriously saying, here in this House, that that party is somehow better, cleaner than Hamas, Hezbollah or the Basque separatist organisation ETA? Those are all “political organisations”, be that with a capital “P” or a lower case “p”, and we proscribe them for the terrorist organisations that they are. So why are we not taking the United party of Russia through that process and why are we not challenging every member of that party to leave it and leave it now?

Jonathan Djanogly Portrait Mr Djanogly
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I totally agree with what the right hon. Gentleman is saying. I believe the Prime Minister referred to Russia as a “rogue state” today or yesterday, and one would have thought that the consequence of that would be exactly what the right hon. Gentleman is saying.

Liam Byrne Portrait Liam Byrne
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One absolutely would have thought that, because there is no excuse not to think that. When we put the point to the Foreign Secretary when he came before the Foreign Affairs Committee this afternoon, he did not take it off the table, but nor did he give the Committee a timetable for that action. The hon. Gentleman is right, because not only should we be proscribing the United party of Russia for the terrorist organisation it is, but we should be designating Russia as a state sponsor of terrorism. That is an appellation we have plonked on the Government and state of Iran since, I believe, the early 1990s. We knew even before the invasion of Ukraine that there was a good case for this, because Russia is a sanctuary for the Russian Imperial Movement, which is designated by the United States as a terrorist organisation. Russia has been providing a safe harbour for that designated terrorist organisation for some years, so why are we not going to commence now the business of designating Russia as a terrorist state sponsor?

That has all kinds of implications, not least one of the suggestions that I think the hon. Gentleman was aiming at, which is to begin banning tourist visas for those from Russia immediately. There will always be people in this House who say, “We can’t go to war with the Russian people. We have to accept that there are good people among those tourists.” I hear all of that, but if we are serious about making sure that Russia is not able to do this again, we have to make it clear to the Russian people the way in which we see the sins of their nation and make it crystal clear that they must act within their country to deliver a different kind of leadership in the years to come.

The final piece of the puzzle, of course, is sanctions, and I hope that we will be able to have a longer debate about that when the Economic Crime and Corporate Transparency Bill comes back for its Report stage. It is ludicrous that the $45 million yacht, Phi, which the Minister and his colleagues have frozen, is down the road in St Katharine docks as yet unseized. We heard today that Mr Abramovich’s money from the sale of his football club has still not made it to Ukraine to begin with the reconstruction. When are these things going to happen? It is time that we do not simply freeze assets, but start seizing them and rechannelling the money into supplying Ukraine and its reconstruction.

Let me finish with a simple message: we in this homeland of Europe learnt something a long time ago in international relations from the approach the Athenians took to the poor Melians. They were the people confronted several thousand years ago with the message that might somehow makes right. That is not something we subscribe to in this country. This is a country that stands up to bullies and when we see others, like-minded souls, standing up to bullies such as Putin, our job is to back them every inch of the way.