(11 years ago)
Commons ChamberMy hon. Friend is absolutely right. Britain is very much open for business, and it is in China’s interest to invest in it. According to official Chinese statistics, the United Kingdom is now the most popular destination in Europe for Chinese investment, and the fourth most popular globally. Last year, our own exports to China hit £1 billion a month for the first time.
Some of the ministerial delegations included British business men so that the case could be made for British business. How many of them were of Chinese origin?
I do not have that information at my fingertips, but I imagine that quite a few of them were. I will write to the right hon. Gentleman with the details. What I can say is that we have built a tremendous relationship—in both directions—with China, founded on the activities of Chinese business men and British business people of Chinese origin, and we will continue to do so.
(11 years, 2 months ago)
Commons ChamberMy hon. Friend makes a good point. I would simply add that the decision that the then Government took and Parliament supported in respect of Kosovo showed that the UK saw that its national interests were served by stability in south-east Europe and were not confined to the immediate vicinity of our territory.
Serbia is a candidate country to join the EU, but Kosovo is only a potential candidate. Is there a way to ensure that the timetables coincide, so that both countries can be treated equally and join the EU at the same time?
We have consistently taken a policy towards EU enlargement that says that there should not be artificial timetables, but that each country’s progress should be determined by its success in meeting specific accession criteria. That is the right approach to take. What is important is that we make it clear that the normalisation of relations with Kosovo is integral to the entire Serbian accession process. I am sure that the right hon. Gentleman will welcome the fact that the Commission is about to launch negotiations for a stabilisation and association agreement with Kosovo. That is a very clear signal of its European perspective, too.
(11 years, 4 months ago)
Commons ChamberMy hon. Friend must remember that had our Liberal Democrat colleagues voted with us for a referendum on the Lisbon treaty, there would have been a referendum in 2008. Some Labour Members support a referendum. We have heard from some of them already, and this Bill is their chance; it is the best chance currently available to make it happen. Not only would it be a badge of honour for them, but it would help to show their weak leadership some real leadership that is sorely needed.
This is not the first time that the question of whether to consult the people has caused unmitigated dither, muddle and confusion in the Labour leadership. When the previous Prime Minister, the right hon. Member for Kirkcaldy and Cowdenbeath (Mr Brown), was trying to decide whether to call a general election in 2007, he asked the current Leader of the Opposition, the current shadow Foreign Secretary and the current shadow Chancellor, resulting in the decision taking so long that they never made a decision at all and never held a general election. The impulse to trust the people is not exactly their hallmark.
Now we wonder: what is Labour’s policy? The shadow Defence Secretary, the right hon. Member for East Renfrewshire (Mr Murphy), who is not here, said in October:
“I think at some point there will have to be a referendum on the EU. I don’t think it’s for today or for the next year, but I think it should happen…My preference would be an in-or-out referendum when the time comes.”
In January, the Leader of the Opposition told the House,
“we do not want an in/out referendum”—[Official Report, 23 January 2013; Vol. 557, c. 305.]
The shadow Foreign Secretary said that Labour will not commit to an in/out referendum now, but might do later—apparently that is the way to avoid uncertainty.
The shadow Chancellor said:
“I don’t think we should set our face against a referendum and I certainly don’t think we can ever afford to give the impression that we know better than the voting public”—
although that was never a problem for him when squandering tens of billions of pounds of taxpayers’ money. Will Labour make up its mind or not? Its chief strategist, the noble Lord Wood, said the week before last on whether Labour would offer a referendum:
“It’s conceivable because we are going to make up our minds before the next election.”
Last week, the shadow Chief Secretary to the Treasury said, “No, no, no. There’s no change of policy and there’s no prospect of a change of policy”.
With some in favour, some against, some adamantly in favour of not having a referendum, some adamantly for deciding later, at some point, perhaps before the general election but who knows?—with such a shambles of confusion and weak leadership, no wonder Labour Members are wondering what they are here for and where their leader is today. One day Unite will give them their orders on how to vote on these matters.
The Leader of the Opposition and his closest friends are being asked to make a decision—to vote one way or another and be held accountable for it. The position of the Labour party on this vital national and international issue is that Labour Members would rather not be asked and they would rather not be here.
As the Foreign Secretary knows, I am with him on the idea of a referendum, but would he help me with this? As someone who has attended many, many summits over the 24 years that he has been in Parliament—as a Minister, of course, he has attended many summits—does he think the Prime Minister will have the time and space between 2015, if he is re-elected as Prime Minister, and 2017 to go around the whole of Europe to get the concessions he needs in order to secure reform of the EU?
My right hon. Friend the Prime Minister is tirelessly—now, in this Parliament, never mind in the next Parliament—going around Europe making sure this country gets what it needs. The Opposition do not have a policy to reform the EU, but we do and he is pursuing it. Labour never cut the EU budget, but he already has. Labour signed Britain up to eurozone bail-outs and he has got us out of them. Labour surrendered part of the rebate and he has never surrendered part of the rebate, so the right hon. Gentleman can rest assured that my right hon. Friend will be well equipped to go round Europe preserving our national interest.
There is no doubt that this whole exercise is driven by the Conservative party’s terror of UKIP.
In answer to the hon. Member for Winchester (Steve Brine)—I will come on to the specific point on a referendum in a moment—I want our future to be as a confident part of a reformed European Union. There are people who say that we could be like Switzerland or Norway. They are fine countries, but I do not want to be like them. Clearly, the days of empire and global military might are long gone and rightly so, but I am still sufficiently confident in this country and sufficiently patriotic to believe that we can be a country of influence and leadership in the world. I am not going to join those who just want to scuttle away from the challenges of the world, as Eurosceptics do.
Yes, there is a case for a referendum in principle, and I see that. It is a long time since we had one, and to an extent the demand for it has taken on a life of its own beyond the issue of Europe. However, those of us who can see that case also have a responsibility to be clear about the conditions in which a referendum would serve the national interest. If we are to ask people to vote, the choice has to be clear. We need to know what the effect of saying yes will be, and we need to know what the effect of saying no will be.
The hon. Member for Stockton South and the Foreign Secretary both let the cat out of the bag. The hon. Member for Stockton South said that no one knows what the European Union will be like in 10 years’ time, and the Foreign Secretary said that it may be very different from the way it is today. Both those judgments are true, so how can we have a referendum when the consequences of leaving might be clear enough, but it is not clear what the consequences of staying will be. Clearly, we need to pursue reform and to reshape the EU so there can be a clear and settled choice. I am not one of those—not all of those in my party agree with this, but I do not mind there being a discussion in our party—who rule out a referendum on Europe. However, a referendum should only happen if it is in the national interest and if we can put to the people a clear and settled choice. That has not yet been delivered.
My right hon. Friend is making an important and thoughtful speech, and he is right to embrace the reform agenda. Does he agree that that reform agenda can start now, and that we can only conduct the reform agenda if we are at the top table of Europe? There is nothing to stop Ministers beginning that process immediately.
My right hon. Friend is right. What worries me is that the Prime Minister represents a party in which that generation of confident patriots, who believed that this country could shape Europe to the benefit of Europe and in the interests of our country, has gone. The Conservative party is split. There are those who simply want to leave come what may. They are the people Lewis Carroll satirised 150 years ago when he had the Queen of Hearts say, “Sentence first, evidence later”. They have made up their minds. The other faction of the Conservative party simply believes in repatriation and repeal: returning to the country those rights that give working people decent protections—maternity pay, the right not to be maimed and killed at work, and paid holidays—in order to repeal them. Those are the only two positions that exist in today’s Conservative party. So when my right hon. Friend says that these negotiations should start now, the problem is this: yes, but you must have people who are going to be credible in those negotiations.
We send a Prime Minister who has been forced. He goes to meetings and everyone is laughing behind their hands, because they know that he does not control his own party, and that his strength to negotiate on our behalf is being shot away by the antics of the people behind him, who know that 2017 is an arbitrary date that bears no relationship to any decision-making processes in the EU, but is entirely about trying to head off—unsuccessfully, it has to be said—the threat from UKIP. That is not a way to approach the national interest.
I am not one of those who says, “These are only matters for general elections and that there must never be a point where people have a choice.” But to return to what the hon. Member for Winchester said, if I say, “Let’s have a choice”, my constituents have a right for the choice to be clear—clear about the nature of the European Union they could vote for or the nature of the European Union that they would leave. There is no clarity to that choice today. There is no reason to believe that there will be clarity to that choice on the arbitrary date of 2017.
May I begin by joining other right hon. and hon. Members in congratulating the hon. Member for Stockton South (James Wharton) on the terrific achievement of being first in the ballot to propose a private Member’s Bill on the Floor of the House and on filling the Chamber? This has been a remarkable week for him. Not only has he introduced the Bill, but his local restaurant, Raj Bari, came third in the Tiffin cup final. That is a terrific achievement, one that I am sure he will celebrate with them tonight when he gets back to Stockton.
This has been a remarkable debate in which we have heard some interesting facts. The hon. Member for Cheltenham (Martin Horwood) was outed as a member of Unite by my hon. Friend the Member for Glasgow South West (Mr Davidson), and then managed to resign within moments of being outed. The hon. Member for Congleton (Fiona Bruce) told us that she is old enough to be the mother of the hon. Member for Stockton South. I am surprised that she did not offer to be his mother, bearing in mind his current popularity.
I hope to make a short contribution. Many right hon. and hon. Members wish to speak, and some of us would like to get back to our constituencies some time today. Friday mornings will never be the same again for me. I want to say how much I support the idea, and have supported the idea for some time, of the British people being allowed to have their say on membership of the European Union. I agree with the many hon. Members who have said that this is an issue of trust. I do not think that political parties should feel they cannot trust the British people on this important issue, which has been the dominant issue of the past 30 to 40 years. The constant debates in the House and in the country, and the fact that the issue has seized the consciousness of the British people, mean that at some stage we have to put it to the British people. I believe that this should be done sooner rather than later. We should do it now, if we can; if not now, then certainly at the time of the next general election.
Is the right hon. Gentleman convinced that he will be able to persuade his colleagues on the Opposition Front Bench, and the Leader of the Opposition, to support a referendum?
Absolutely not. I am merely a humble Back Bencher. We need to do our best to persuade those on the Front Bench that this is in the interests not only of the Labour party but, primarily, of the country. The shadow Foreign Secretary, my right hon. Friend the Member for Paisley and Renfrewshire South (Mr Alexander), spoke very well this morning, but we still need to convince him that we need to go one step further. After all, progress has been made. Labour voted for a reduction in the EU budget and against the amendment to the Queen’s Speech, and we are going to abstain today, so we are on the way; we are moving in the direction that the hon. Gentleman wants us to move in, and I hope that we will get there in the end.
Does the right hon. Gentleman not agree that this goes to the heart of democracy, when so many people are crying out for a referendum and there is a great disconnect between politics and the electorate that needs healing? Giving the electorate a referendum, as we want to do, will help that process.
I agree with the hon. Gentleman. The fact is that we need to reconnect by allowing people to have their say.
I am very surprised that the Liberal Democrats have changed their view—[Hon. Members: “Why?”] Well, I am. I learned most of my community politics from the Liberal Democrats when I stood in Richmond many years ago, and I know that they are committed to allowing people to have their say in places like Richmond and Kingston. I am therefore surprised that they have changed their mind on this matter.
I thank the right hon. Gentleman for giving way. We have a great deal in common, as he has just said. Does he agree that this is not just a matter of this House trusting the people with a decision on this issue, and that it is even more a case of providing the people with a reason to trust the House? It works both ways, and there could not be a more important time to demonstrate both aspects of that than now.
I absolutely agree with the hon. Gentleman. We must give the whole debate over from this House. We all have an important role to play in discussing and scrutinising the European Union, but at the end of the day, the matter must go to the British people.
My second point is on the need for reform. I hope that the hon. Member for Stockton South will be willing to consider any amendments that I hope Labour will table in Committee, and that he will look at the whole issue of reform. I do not believe that the timetable the Prime Minister has set out is achievable. I agree with what my right hon. Friend the Member for Dulwich and West Norwood (Dame Tessa Jowell) said about this. The reform process will take a long time. Should the Prime Minister get re-elected and become Prime Minister again, his timetable of two years between 2015 and 2017 will, frankly, not be long enough.
The issues in the European Union exist at the moment, and there is a need for reform of a whole range of policies. We could start that process now. There is no reason why British Ministers going to summit meetings and having discussions with their European Union counterparts—the Minister for Europe goes to General Affairs Council meetings every month to discuss these matters with his counterpart Ministers for Europe, for example—should not start the reform agenda immediately, rather than waiting until after the next general election.
The right hon. Gentleman is making an interesting point. I knew that those were his opinions because I have read them on many occasions. Does he agree that, if we have a referendum and if we are going to engage properly with the people, we must know what the position is? There must be a reformed European Union, or we withdraw. If we had the referendum much earlier, people would simply be in the dark.
I thank the hon. Gentleman for that intervention. Actually, I think the British people know the issues now. They understand the issues that confront Europe, and I am not sure that a public education campaign is what they need, as long as we are committed to reform, and to changing the way in which the European Union operates. There is much that we need to change on the justice and home affairs agenda, for example, including measures on the European arrest warrant and on the way in which countries such as Greece have to deal with illegal migration. There are so many other areas that we need to look at. We can be part of that process as we go along within the European Union; we do not need to have a separate set of negotiations. The only way, in my view, that we can do this is to put the matter to the EU now.
Will the right hon. Gentleman give way?
I am grateful to the right hon. Gentleman and I praise him for the candour of his approach to this debate. We all agree that reform is needed, but the British public need to be sure that sufficient reform is going to take place if we are to stay within the EU. Does he agree that having a referendum after the renegotiation has happened will absolutely crystallise in the minds of the rest of the EU member states the fact that we are absolutely serious that the current position is just unsustainable?
I think the member states know that the current situation is unsustainable and that they understand that we want change. The Prime Minister has made that clear every time he goes to a summit meeting of the European Union. I do not know whether the Minister for Europe has a row with his colleagues every time he goes to the General Affairs meetings, but the fact is that the Prime Minister always comes back to this House to make his statement after a European summit and says that he has confronted colleagues so that they know where Britain stands.
I think that the major political parties should be publishing their manifestos for reform. Frankly, we do not know what they are. I think we should be very clear about what we want to change about the European Union—and we can put that into operation now rather than having to wait.
My final point is that I hope nobody votes against this private Member’s Bill. I hope that it will go through unanimously and that nobody will seek to divide the House. That would send a powerful message that all parties believe that there is a case for the British people to make a decision. If we do that, it will mean that people will trust us even more than they do at the moment.
(11 years, 5 months ago)
Commons ChamberI am grateful to the hon. Lady not only for asking the question but for being present at the handing over of the letter. It remains the case that the human rights record in Iran is appalling. A lot of hope is being pinned on the possibility of change in Iran. As my right hon. Friend the Secretary of State said yesterday, it is rather too early to tell, but it has been reported that the new President talked at yesterday’s press conference about a more inclusive constitution. I am sure that we will wait to see what happens, rather than just judge on words. If there is any opportunity for the release of Baha’i leaders and for better treatment of the Baha’is and all other religious minorities in Iran, it would be warmly welcomed by the House.
There are 7 million Baha’is living all over the world, many thousands in the United Kingdom. Would it be possible to contact the faith and religious groups in this country, such as the Muslim Council of Britain, to see whether they could act as a bridge to the spiritual leader to discuss the release of these prisoners?
The excellent thing about the inter-faith letter that I received on 14 May is that it was signed by a collection of leaders from virtually all the faiths represented in the United Kingdom, and they made exactly that point—that spiritual leaders can speak to spiritual leaders. I have no doubt at all that those in the United Kingdom continue to urge religious tolerance throughout the world and they made that particular point in their letter.
(11 years, 5 months ago)
Commons ChamberI join others in paying tribute to the hon. Member for Foyle (Mark Durkan) for securing this debate, and to the extraordinary resilience of the people of Sudan and South Sudan, who have undergone what, for most of us, are unimaginable levels of suffering over the years. I also want to pay tribute to the international members of the non-governmental organisations, including the many British aid workers involved, and to their local partners. My former parliamentary researcher, Anna Harvey, was working in Sudan before she came to work for me in this place. She spoke of a beautiful country and of lovely, welcoming people, but the area in which she worked was engulfed in violence some years later.
What has happened to those beautiful countries is a great tragedy. We are talking about 500,000 people having died in Darfur province alone, and 2.5 million people still being dependent on food aid there. The hon. Member for Foyle was right to point out that the aid agencies pleaded with us for years not to ignore the unfolding humanitarian catastrophe in Darfur, but the international community was collectively very late in acting in a concerted way. He was also right to say that we must not let Darfur, Sudan and South Sudan slip off the political agenda again.
The hon. Member for Glasgow North East (Mr Bain) pointed out the contrast between the two Sudanese countries and the rest of Africa, parts of which are now seeing phenomenal economic, political and democratic progress. Sudan and South Sudan are noticeably divergent in their failure to achieve development objectives or to make progress on human rights and democracy. People often say that war is development in reverse, and that is true. It is the continuing conflicts besetting those two countries that are responsible for this state of affairs.
I do not suppose many people thought that independence in 2011 would provide a magical cure to those conflicts, but many were more hopeful that some of the issues might be resolved after the Addis Ababa deal in 2012. However, we still have the unresolved issue of the border around Abyei, where the continuing lack of a referendum is inciting violence and encouraging attempts to displace people. There are also continued interruptions to oil supplies and a lack of oil flow, both of which are damaging the prosperity in the north and the south—and both sides are clearly supporting military rebels, in breach of the Addis Ababa agreement.
Another problem is that of regional terrorism, whereby support is sometimes given by, for example, groups in Yemen to groups in Sudan that want to undermine what is happening there. A lot of evidence suggests that there are dealings between the two groups of terrorists, who seek to undermine both countries.
The right hon. Gentleman speaks with great knowledge and I am sure he is right. One of the risks that we have seen time and again in the middle east and north Africa region is that instability and violence invite in even less desirable elements—if that is possible to imagine—who want to destabilise further the situation in their own interests.
I am happy to pay tribute to the British Government for being fully aware of the issues. In January, my hon. Friend the Under-Secretary of State for International Development visited projects funded by the Department for International Development in Sudan, some of which address basic human rights. I gather that the water programme supported by DFID—this was probably the case under the previous Government, too—has now helped to provide access to clean drinking water for 800,000 people. I say to those who question whether it is right to spend 0.7% of our national income on international development that it is difficult to imagine money being spent more cost-effectively to provide such a huge number of people with such a basic thing as clean drinking water.
Another of the DFID projects that my hon. Friend visited promotes access to justice. This debate needs to address human rights and the rule of law, and many hon. Members have done so.
The Government’s most recent “Human Rights and Democracy” report discusses, as it has done for many years, Sudan, where human rights and democracy are, if anything, deteriorating. Political parties do exist, but there are frequent instances of harassment and imprisonment. Elections have taken place, but they are deeply flawed. Human rights defenders are detained and torture takes place. Other hon. Members have discussed instances of war crimes and the hon. Member for Strangford (Jim Shannon) talked about the persecution of Christians. Above all, there is continuing violence in Darfur, where hundreds of thousands of people have been displaced. It is sometimes difficult to escape the conclusion that the Bashir Government are almost using violence and interference in the oil supply for their own political ends in destabilising things and preventing democratic progress.
As the hon. Member for City of Chester (Stephen Mosley) has said, the most recent report states that an Ethiopian peacekeeper who was part of the United Nations peacekeeping force was killed and others injured in a shelling incident. It is an even more worrying development if UN troops are not safe from artillery fire. The situation is deteriorating and I would be interested to hear the Minister say what has happened as a result of that incident.
The hon. Member for Foyle slightly criticised the United Nations-African Union Mission in Darfur and the United Nations Interim Security Force for Abyei. Although they may not be doing a perfect job, we have to acknowledge the courage of the UN peacekeepers and the difficult situation in which they have been placed.
It is difficult for us to influence the Government of Sudan directly, but there are countries with whom they are friendly. China plays a significant role and has traditionally been identified as a friend and economic partner of Sudan. What pressure could we put on China? It would be difficult to ask the Chinese to address human rights issues in Sudan when they are no angels themselves in that respect, but they could at the very least stress the economic importance of maintaining the oil flows and the need to achieve stability in order to allow prosperity to develop. I would have thought that the Chinese would see the benefit in doing that. Will the Minister address the possibility of discussions with China about the situation in north Sudan?
I think that many of us shared in the good will towards South Sudan on its independence. It is very sad to see its security forces also implicated in rape, torture and extrajudicial killing. The Government of South Sudan face a difficult situation, particularly given the crisis in oil revenues. If we think that we have difficulties with cuts, we should consider the idea of losing half our GDP. That would cause a complete financial crisis that any Government would struggle to cope with, let alone one in such a fragile and developing situation. The Government of South Sudan also face multiple instances of violent instability across the country. The hon. Member for Mid Derbyshire (Pauline Latham) spoke well about the additional problem of forced displacements from the north.
We must try to understand the almost unimaginable problems faced by the Government of South Sudan. At the same time, they must receive the message loud and clear from the British Government that the good will that they had on independence will evaporate quite quickly if they do not try to address the human rights issues. If the abuses continue and if a culture of impunity is allowed to develop in South Sudan, as it clearly did in the north, that will be a worrying development.
It is to the credit of the South Sudanese Government that the terrible abuses in Jonglei state were followed by the arrest and charging of members of the state security forces who were involved. I would be interested to hear the latest news on that, but I have not heard of any prosecutions. It involved only a small number of people, so it would be good to hear whether progress is being made. However, there are also cases such as that of Deng Athuai Mawiir—excuse my pronunciation—the anti-corruption activist who was arrested. There is also the continuation of the death penalty. Even if we count only the official executions, there have been eight since independence.
Other Members have talked about the position of women. The south does have quite a good record. Some 26% of National Legislative Assembly seats are held by women and 12% of heads of Ministries, Departments and agencies are women. However, the overall position of women is not good and violence against women is widespread. It is part of the Government’s strategy to counter that.
The Foreign and Commonwealth Office’s stated priorities are to support UN peacekeeping, to support the African Union high-level implementation panel, to give financial and technical support to UN agencies and others, and to support capacity building in institutions in the south. Those seem to be exactly the right priorities. That is the right strategy in an intensely difficult situation. The only thing that we can ask in this Chamber and in this debate is that, if it is humanly possible, we raise our game even further and encourage our international partners to do likewise. If we can do that, we might thereby offer a positive message and hope to the people of this pretty unhappy region.
(11 years, 5 months ago)
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A constructive role for Iran in Syria would be very welcome, and there is the opportunity for that. Iran’s policy on Syria at the moment is the exact opposite, as there is an abundance of evidence of Iranian participation in the murder, torture and abuse committed by the Assad regime, so as things stand today Iran is a long way from playing a helpful diplomatic or restraining role, highly desirable though that would be.
May I press the Foreign Secretary on the issue of the embassy? Since it closed in November 2011, it has been very difficult for people to get visas to come here—it is a long and tortuous process. Given what has happened, he might not want to open an all-singing, all-dancing embassy, but at the very least giving people the opportunity to make applications to visit relatives in this country would be greatly appreciated.
It is a great shame that the closure of embassies makes it more difficult for people to travel. That was not something we desired, and the reopening of embassies is not something to which we are on any principle opposed, but I am sure that the right hon. Gentleman will agree that, given what happened, which was against every provision of the Vienna convention and every principle of civilised behaviour regarding the treatment of diplomats anywhere in the world, we would have to be very confident of a change in the approach to our embassy before being able to reopen it.
(11 years, 5 months ago)
Commons ChamberI want to come on to the question of quality and the article 255 panel later. If my hon. Friend is dissatisfied at that point, then by all means I invite him to seek to intervene again. However, I think perhaps that it is best if I come to that passage at the appropriate time.
I was talking about the role of advocates-general. They produce their non-legally binding opinions in about half of all cases, particularly in those that raise a new point of law. There is no appeals process, of course, so the additional reasoned submissions help the Court to provide effective justice. Given that the number of cases before it continues to rise, the Government are satisfied that there is a need for additional advocates-general to process better the Court’s work load.
The opinions that advocates-general issue are a key element in the efficiency of the Court. As Sir Konrad Schiemann stated in his evidence to the House of Lords this year, advocate-general opinions significantly shorten the time occupied by judges in agreeing a judgment and improve the quality of the Court’s judgments. The opinions assist the Court with its own deliberations, because the Court can then test its own views against the detailed reasoning of the advocate-general conclusions. It is particularly useful in the EU Court because, unlike the practice in our own Supreme Court or Court of Appeal, it has to reach a consensus for its ruling—the possibility of separate dissenting opinions from different judges does not exist at the European level.
As well as contributing to the speed of judgments, advocates-general also improve the quality of justice dispensed by the Court. The opinions are detailed and so provide a greater insight into the approach ultimately taken by the Court, regardless of whether it agrees or disagrees in the final decision with the recommendation of the advocate-general. That means that those opinions are valuable in maintaining the consistency of the Court’s case law.
It is important that the Court is efficient, because of the impact that its judgments can have on British citizens and businesses operating in the European single market in particular. A classic example was the case brought by the National Farmers Union in the context of the BSE crisis—NFU v. Secrétariat Général du Gouvernement—against France’s refusal to lift the beef ban on UK imports. The Court ruled that since EU legislation laid down the necessary rules for the protection of public health, France was not entitled to rely on the public health exception in then article 30 of the treaty establishing the European Community to prevent the resumption of beef and veal imports from the UK. I am sure that the House needs no reminder that the beef industry was worth more than £430 million in exports to the British economy in 2011—the last year for which we have figures. Another recent example was the ruling of the Court in 2011 in the case of DHL v. Chronopost, which provides certainty for trademark owners on the extent to which a Community trademark owner could secure EU-wide relief based on action in only one member state.
The impact of the EU Courts is not limited to cases in which UK businesses are directly involved. The outcome of other cases can have significant benefits for the UK, directly or indirectly. For example, there was a case on whether EU legislation allowed for prescribing incentive schemes—arrangements to encourage doctors to prescribe cheaper generic medicines. Adopting the approach suggested by the British Government in their recommendations, the decision of the Court resulted in an estimated saving to our Department of Health of nearly £400 million.
Given the current number of advocates-general and the increasing work load of the Court, the individual advocates-general have been under pressure. There is no single reason why the Court’s work load has been increasing over the years. In 2012, 632 new cases were brought before it and it completed only 527. In 2011, 688 new cases were brought before it and it completed 554. These were the two busiest years so far recorded in the Court’s history. In 2012, the backlog of cases had risen to 886—up from 849 12 months before.
First, I congratulate the Minister for Europe on his French pronunciation, which I thought was A*, as they say.
I am in favour of more judges, as are the Government, but is the Minister satisfied that having more judges will result in quicker decisions? He knows that one of our concerns is that it takes too long to get judgments. Is he satisfied that by putting these extra judges on the Court, the decisions will be handed out quicker?
We are talking here not about additional judges but about additional advocates-general. As I have argued, the advocates-general play an important role in assisting the judges of the Court in coming to a conclusion and in analysing the legal arguments in question. Clearly, I cannot give a 100% guarantee from this Dispatch Box, but I pray in aid the evidence of Sir Konrad Schiemann and others from the Court who have argued consistently that the provision of additional advocates-general would help them to address the backlog, in part by spreading out the preparatory work of legal analysis and the provision of a learned opinion amongst a slightly greater number of expert advocates-general than is available to the Court now.
As the right hon. Member for Leicester East (Keith Vaz)—one of my predecessors in this role—will know, the enlargement of the EU over the last decade following the accession of a large number of new member states has inevitably led over time to a greater number of cases being brought, simply because there are more citizens and more businesses that might be in a position to bring a case before the European Courts.
I am grateful to the Minister, who is generous in giving way for a second time. That is why I was interested in the fact that a Polish advocate-general was to be appointed, because one of the problems we have is that Poland has been issuing more European arrest warrants than anyone else. This may, for example, eventually lead to a backlog in cases here.
The right hon. Gentleman may have an opportunity tomorrow to express his views about the European arrest warrant and the attitude taken by the Polish courts. It is fair to say that Poland is as equally entitled to have its own permanent advocate-general as Spain, Italy, France, Germany or the UK. Everybody round the table accepts that there are six member states whose populations give them a certain priority when it comes to such appointments. I emphasise again that the declaration that promised the first new advocate-general to Poland was agreed by every member state, large and small.
The greater efficiency of the Court is going to require more than just the appointment of three new advocates-general. I am happy to concede that point to the right hon. Member for Leicester East. The House will be familiar with the reforms that the Court itself has introduced in the last two years, including increasing the number of judges in the Grand Chamber from 13 to 15; abolishing unnecessary procedural elements such as the requirement to read the report of the hearing in full, and thus the need to produce a report; provisions allowing for the appointment of temporary judges to the civil service tribunal; and establishing a new office of vice-president in the Court of Justice and the General Court. I am sure that there will be other opportunities for the House to debate proposed changes to the European Courts and proposed measures to secure greater efficiencies in the future.
These are two separate decisions that have two different processes. We are indeed talking about a decision that is taken by unanimity. Annual budgets are what will determine the total budget of the Court for 2014 and subsequent years. Those annual budgets will have to be agreed within the ceilings to commitments and payments that are set out in the multi-annual financial framework that my right hon. Friend the Prime Minister and other Heads of Government negotiated in February this year, and which I hope is approaching the final stages of negotiation with the European Parliament.
Delay of the kind that my hon. Friend the Member for North East Somerset (Jacob Rees-Mogg) suggests would not get us very far. The Government’s view is that there is a persuasive case for the extra appointments to be made. The way in which EU finances are organised means that the negotiations on the annual budget will determine the total budget available to the Court. From that budget, the Court will have to meet its costs under various headings of expenditure, including this small one.
I point out to my hon. Friend that the United Kingdom is not alone in expecting the Court to absorb the costs of the additional advocates-general. We are one of a blocking minority of budget-disciplined net-contributor member states that routinely votes against increases to the EU budget. We anticipate that that like-minded group will take the same view on any request to increase the Court’s budget to accommodate the new advocates-general. The Prime Minister’s recent success at the multi-annual framework negotiations should be an indication of how strongly the Government feel about budgetary savings.
The European Scrutiny Committee also asked me to outline the Government’s view of the manner of appointing advocates-general and my view of the calibre of the likely appointees. My hon. Friend the Member for North East Somerset made a point about this in an earlier intervention. The article 255 panel gives an opinion on candidates’ suitability to perform the role of advocate-general. The Government consider that the panel plays a key role in making the judicial appointments process more transparent and helping to ensure that the chosen candidates are of a high quality. The UK was a key supporter of the creation of such a panel, and we have consistently supported the application of rigour in the judicial selection process. The article 255 panel is effective in its role of assessing the suitability of nominees to serve as judges and as advocates-general. To date, the panel has delivered 43 opinions, of which five were unfavourable. In each case, the opinions delivered by the panel have been followed by the Governments of member states. When the panel has been unhappy about the calibre of a particular nominee, that nominee has subsequently been withdrawn.
We have one member on the panel. There are members from different member states represented around the table. The panel has to be drawn from people who have the right kind of experience and expertise to make these assessments.
On the specific appointees for the additional advocates-general, we do not yet know who the candidates will be. Indeed, two of them will not be appointed until October 2015. It would not be right for me to comment on their calibre or to speculate about those individuals at this stage. That is the purpose of the expert panel.
I do not know whether that is an invitation for me to cross the Floor and tickle the tummy of the hon. Member for North East Somerset (Jacob Rees-Mogg), although I would love to do it in normal circumstances. It is always a pleasure to follow him because he speaks so powerfully about these issues and studies them so carefully that he knows that a few months ago the Government promised to look carefully at the way in which the Court operates.
I will be brief because I promised the hon. Member for Bolton West (Julie Hilling) that I would be, and we have an opportunity to discuss other European issues tomorrow. I welcome the fact that we are having so many discussions about Europe on the Floor of the House. That takes me to my first point, which is how much I agree with the hon. Member for North East Somerset about how important it is that we discuss such issues on the Floor of the House, even though the attendance is not quite what we would have liked. [Interruption.] The Government Whip reminds me that it is the quality that counts, not the numbers. It is indeed.
The Minister said that this was not additional expenditure because it was to be found from the European Court’s existing budget and because the European Court had underspent. If indeed the European Court has underspent, I would like to know what encouragement the Government have given it to ensure that rather than appoint more advocates-general the money is used to make it more efficient. The fact that it has been unable to use the underspend to improve its efficiency is clear from the considerable time it has taken to decide a number of important cases. Will the Minister explain what steps the Government have taken over the last 12 months to ensure that the Court becomes more efficient, because it has more money available to do so?
I fully support Poland getting the new advocate-general seat. As the Minister’s predecessor, I was involved in the enlargement process. We always thought, and thought correctly, that, given its population, Poland would want to take its place as one of the big countries of Europe. I am glad that we are sticking to the agreement that we made that Poland should have this additional post. However, I am not sure that the Minister told us who would get the other two vacancies, and how that would be decided. If they are up for grabs, so to speak, and bearing in mind the importance of the enlargement process, perhaps it would be a good idea, rather than offer them to other countries that are already represented on the Court, to offer them to countries that have joined because of the enlargement process. One of the most important outcomes of enlargement is that we make representation in the European Union wider.
I can give the right hon. Gentleman some clarity on this point. The proposal is that the remaining two new advocates-general should become part of the normal rotation process for the nomination of advocates-general among those member states that are not entitled to a permanent advocate-general of their own. In other words, it is all of the soon-to-be 28 member states of the EU minus the biggest six countries, once these new measures are in place. We would expect, if the current arrangements for rotation continue, the two new advocates-general in 2015 to come from the Czech Republic and from Denmark.
I thank the Minister for that clarification and look forward to ensuring that that expectation is met.
My final point relates to the speed of the Court. The hon. Member for North East Somerset wants the Court to slow down, because he believes that speeding it up will result in greater integration. I am in favour of speeding it up, which is why I support the proposal for move advocates-general, not to ensure that we have a federalist Europe, which I oppose, but to ensure that the decisions they have to take are dealt with in a timely fashion. The delay is inexcusable. It should be considered very carefully. I am disappointed that the Minister could not assure the House that, as a result of the decision to appoint three additional advocates-general, the Court’s decisions would be speeded up, because of course he has no evidence to suggest that appointing another three will make the decisions come through any quicker—they will take their time to do what they have to do. I would like to see decisions made much more quickly in a whole host of areas, and primarily in one area that I believe is very important. If decisions have to be made as part of the legal process, they should be made as quickly as possible, because that benefits all parties.
I will end where I began by agreeing with the hon. Member for North East Somerset: it is so important that we discuss these issues on the Floor of the House. The Government should never take it for granted that, because there are so few Members present and because Opposition Front Benchers agree with them on an issue, they will never be challenged on one of these motions. There should always be an expectation that Parliament will decide to do something different, which at least we have the chance to do. I warmly welcome that.
(11 years, 5 months ago)
Commons ChamberI am grateful to my hon. Friend for her remarks. I do not suppose there will ever be universally agreed figures in respect of what happened and how many people were killed in what was such a confused and terrible situation in such a large country. I will refer her points on to my hon. Friends with responsibility for these matters, and the Deputy Leader of the House is present, hearing another bid for parliamentary time and discussion. It is very important for us always to learn, in whatever form, from mistakes of the past. We are recognising that today. Indeed, the abhorrence of torture and ill treatment, and the strictness of the rules we now have against that for everyone working on behalf of the United Kingdom, are part of our recognition that mistakes were made in the past.
I also welcome this important and historic statement, which was so eloquently delivered by the Foreign Secretary. These were dark days in the history of our country. My wife was born in Kisumu in Kenya, and her family lived through this violence. Many thousands of Kenyan Asians have come to settle in Leicester. They will see this as a line being drawn in the sand. How does the Foreign Secretary intend to take the relationship with Kenya forward in the future?
I am grateful to the right hon. Gentleman for his support for the statement. The relationship with Kenya is very important to our country, and I mentioned a few moments ago the many different dimensions of it. It is a relationship that we want to expand, in terms of trade in particular, to the benefit of both nations. It is also very important for stability in east Africa. Given the UK’s leading role there, for instance in the work we do on Somalia, our relations with Kenya, Uganda and Ethiopia are of great importance, and we give great attention to them. I hope relations between the UK and Kenya will develop over the coming years and decades in a true sense of partnership, with the new generations moving on fully from everything that happened in the colonial era. A sense of equal partnership with African nations is now how we should approach our relationships with these countries.
(11 years, 7 months ago)
Commons ChamberYes, absolutely. It is a fundamental principle for British Governments that the action that we take must be lawful. My hon. Friend will know that when, for instance, we took action ourselves in Libya, based on UN resolution 1973, the Cabinet collectively considered the legal advice before that took place. We were able to be clear about it in the House.
Yes, international law is of paramount importance for us. Due regard must be given in international law, of course, to extreme humanitarian suffering. There comes a point where trying to ameliorate extreme humanitarian suffering becomes the prime consideration. However, I assure my hon. Friend that such legal considerations will never be absent from our minds.
I welcome the decisions taken by the summit in respect of the Roma-Lyon group and the fight against international terrorism. Last week, I visited Interpol and was briefed on the work of its Fusion Task Force. Does the Foreign Secretary agree that there seems to be a synergy between the work of the taskforce and the Roma-Lyon group? Will he undertake to try to bring those initiatives together while we hold the presidency of the G8, so that there is no duplication in the fight against international terrorism?
I will certainly look at the point that the right hon. Gentleman makes. The G8 Ministers strongly and unanimously reinforced our commitment to countering terrorism effectively; that was a major part of our discussion. There is the kind of synergy to which he refers, and I will look at what we can do in that regard.
(11 years, 8 months ago)
Commons ChamberThe poppy crop is of course, if we are realistic, mainly for the illicit black market trade. Only a small proportion of it would be for the objectives that my hon. Friend rightly talks about. There was an increase in poppy cultivation in some areas last year, brought on, it seems, by the high prices that were available in 2011. Nevertheless, the Government of Afghanistan’s eradication programmes have been expanded successfully. The total area under cultivation last year was about 40,000 hectares less than at the peak. It is therefore fair to say that some progress has been made, but we are a long way from achieving the cultivation of such crops purely for the beneficial and medical uses that my hon. Friend speaks about.
I thank the Foreign Secretary for his update. Can he tell us what is being done about the criminal gangs that are preying on Afghani citizens, making them pay thousands of euros in order to traffic them from Afghanistan to the border of Greece and Turkey and eventually into the EU? It is an appalling practice that is causing enormous distress, because at the end of the day the Afghani citizens are deported from the EU back to Afghanistan and the cycle starts again. What can we do about that?
The right hon. Gentleman points to what is a serious problem not only in Afghanistan but in many other countries. Human trafficking of this kind has many sources, in many different parts of the world, particularly in Asia and Africa. We are increasing our law and order co-operation. In fact, my right hon. Friend the Home Secretary visited Afghanistan for the first time a month ago, to talk partly about counter-narcotics co-operation, but also about how we work together on policing and maintaining law and order in future. This issue is a natural part of that work. The right hon. Gentleman rightly draws attention to a serious problem and I will write to him with further details on what we think we can do about it.