Falkland Islands

Kerry McCarthy Excerpts

Tuesday 31st January 2012 Westminster Hall

[Guy Opperman]

Argentina has described the royal visit as an inflammatory act, which is ridiculous. The gentleman involved, who happens to be the future king, is going as a search and rescue pilot. Were he to save the life of some hapless Argentine sailor, I hope that Argentina would be equally as grateful as, I am sure, the individual saved by the presence of the Duke would be. I support the fact that the Duke of Cambridge has been asked to go and that he intends to do just that.

I pay tribute to Able Seaman Derek Armstrong from my constituency who was a pupil at Prudhoe community high school. At 9 o’clock this morning I met with students from that school who are visiting the House of Commons today—all hon. Members know of schools that visit the House in order to understand its history. On 22 May 1982, Derek Armstrong was 22 years old and serving on HMS Ardent. He was sadly killed in the attack that sunk that ship, and Prudhoe community high school now presents a Derek Armstrong memorial award each year to the best sportsperson at that school. It was amazing to see the students this morning as that living history, and the relevance of the Falklands war to individuals and to their school, was explained to them.

When the Duke of Cambridge goes to the Falkland Islands later this year, I regret that he will find an island that is under a degree of trade blockade. The Argentine President has upped that blockade by taking the slightly unbelievable step of blocking ships that are flying the Falkland Islands flag from their ports, and she has persuaded other members of the south American trading bloc, which includes Brazil and Uruguay, to do the same. A ship is not allowed access if it shows the so-called “defaced” Falkland Islands red ensign. Provided it removes its flag, however, and denies its true origins, it is given access. Such denying of a recognised international ship that is carrying a recognised international flag runs contrary to international law and is, I suggest, a protectionist and retrograde step. There is no justification for such petty actions that are done only to intimidate a small civilian population and, with respect, such things are beneath the Argentine people. Let us be blunt: such actions merely harden the resolve of this House, strengthen that of the Islanders, and do nothing to endear the Argentines to the Islanders. It is hardly about hearts and minds.

Are we in 2012 really going down a route that sees civilised countries make ever increasing efforts to block free trade? This is about protectionism. Will the Minister update the House on the efforts made by our diplomats to end the trade blockade? I accept that the Foreign Office has done—and continues to do—a great deal to support the Falkland Islands over the past few years, but I hope that it will do yet more to increase support, both financially and in terms of manpower, in the Foreign Office itself and on the Falkland Islands.

I will attempt to address the principle of self-determination, which is set out in article 1.2 of the charter of the United Nations, and article 1 of the international covenant on civil and political rights. The Argentines continue to say that we should negotiate on sovereignty, but about what?

Let us analyse the claims. In 1965, UN resolution 2065 noted

“the existence of a dispute between the Governments of Argentina and the United Kingdom of Great Britain and Northern Ireland concerning sovereignty over the said Islands.”

It invited the Governments involved

“to proceed without delay with the negotiations...with a view to finding a peaceful solution to the problem, bearing in mind the provisions and objectives of the Charter of the United Nations and of General Assembly UN Resolution 1514 (XV) and the interests of the population of the Falkland Islands.”

UN resolution 2065 must therefore be read in line with UN resolution 1514, which states:

“The subjection of peoples to alien subjugation, domination and exploitation constitutes a denial of fundamental human rights, is contrary to the Charter of the United Nations and is an impediment to the promotion of world peace and co-operation.”

It adds—and this is key—that all peoples have

“the right to self-determination; by virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development.”

The argument that anything other than self-determination is supported by the UN agreements is completely wrong. Self-determination is enshrined within the resolutions and supports our case.

UN resolution 1514 continues:

“All armed action or repressive measures of all kinds directed against dependent peoples shall cease in order to enable them to exercise peacefully and freely their right to complete independence, and the integrity of their national territory shall be respected…Any attempt aimed at the partial or total disruption of the national unity and the territorial integrity of a country is incompatible with the purposes and principles of the Charter of the United Nations.”

I could continue with an analysis of the various UN conventions and protocols, but under any interpretation, the argument supports the right to self-determination for the Falkland Islanders.

Thirty years after the Falklands war, we should be celebrating the culture of those special islands and investing in them in a variety of ways. We should also be promoting the fantastic tourism opportunities they could provide. The Mercosur countries of the south American bloc are our friends, just as we would like Argentina to be. We wish President Fernandez a full recovery from her operation. I am an MP from the north-east and my local football team, Newcastle United, is led by one Argentine and includes another, and those players are revered by thousands of people who support that team. In no way is Argentina our enemy; we wish to be trading partners and friends, and to take the relationship forward. This world has so much strife, but I say to the Argentines: let us work together for prosperity, not fall apart as fools.

The Argentine Government must understand that the future of the islanders does not lie with Argentina.

[Kerry McCarthy (Bristol East) (Lab)]

I agree entirely with what the hon. Gentleman says about the right to self-determination, and his analysis of how those rights are enshrined by the UN. I understood, however, that he was calling for such a measure to be encapsulated in British law. He has said that we need a law of self-determination for the overseas territories, but he has not explained why he feels that that is needed as an add-on measure.

--- Later in debate ---

[Kerry McCarthy (Bristol East) (Lab)]

As ever, it is a pleasure to serve under your chairmanship, Mr Crausby. I congratulate the hon. Member for Hexham (Guy Opperman) on securing this debate. The good turnout today is a testament to the desire in this House to reiterate our support for the people of the Falkland Islands. As we mark the 30 years since the Falklands war, it is important to remember not only those who fought but the sacrifice of the 255 Britons who lost their lives. As we approach the anniversary, the increasing tension and the greater focus on the Falkland Islands must be particularly difficult for the families of those who died during the conflict. It is important that we use occasions such as this to reiterate our gratitude to them for their sacrifice and our commitment to protecting the Falkland Islands.

As I made clear earlier, Labour continues to support the islanders’ right to self-determination. It is a long-established principle that has been recognised by successive Governments and by the Falkland Islands constitution. Moreover, as we have discussed, it is set out in article 1.2 of the UN charter and in article 1 of the international covenant on civil and political rights. As the hon. Member for Hexham said, it has been reinforced by UN resolutions that deal specifically with the Falkland Islands and by the many other UN resolutions that reaffirm the commitment to the right of people to determine for themselves what their future should be. Therefore, I am not persuaded by him that there is a need to enshrine that principle in UK law. He has said that it would send out a signal that we are absolutely committed to upholding the right to self-determination, but I do not think that the purpose of legislation is simply to send out signals when the position is already clear. Indeed, I thought that the ideology that underpins his Government is that we should not go down the path of unnecessary legislation; that we should legislate only when there is an absolute need for it. Also, I am concerned that, if there were an attempt to enshrine that principle in UK law, it could be seen to undermine other principles of international and UN law that are not enshrined in UK law; it could seem that the principle were of a different status.

[Mr Gray]

I agree with the hon. Lady about small government, but does she recall the occasion when her right hon. Friend, the Member for Blackburn (Mr Straw) entered into negotiations with the Government of Spain on the future of Gibraltar without consulting the people of Gibraltar? That shows that, on occasion, such things can slip. Is that not a reason for writing the principle into law?

[Kerry McCarthy]

I do not think that entering into negotiations or discussions with another country necessarily thwarts or flouts the right to self-determination. It is fairly well established that we will respect the right of the people in the overseas territories to determine their fate, and we have reiterated that over and again.

[Mr Gray]

Will the hon. Lady give way again?

[Kerry McCarthy]

We are not here to discuss Gibraltar.

[Mr Gray]

If the hon. Lady is saying that she could see no reason why the right hon. Member for Blackburn should not have discussed with Spain the future of Gibraltar without consulting the people of Gibraltar, is she saying that it would be perfectly reasonable for any other Foreign Secretary to enter into discussions with the Government of Argentina about the future of the Falklands without consulting the people there?

[Kerry McCarthy]

I am obviously not saying that at all. If we were having bilateral meetings with Argentina, or if there were a state visit to Argentina, and the issue of the future of the Falkland Islands were raised by the Argentine Government, we would of course have discussions with them about that. That is not the same as entering into negotiations or in any way at all committing to signing away the rights of the Falklands Islands without respecting its residents’ right to self-determination. As has already been mentioned, given that the Falkland Islanders are unanimous in their desire to remain British, I cannot see that as something that would in any way, shape or form be on the table in a serious way at any such discussions.

[Guy Opperman]

For the avoidance of doubt, I shall try to clarify the point that I was seeking to make, which I believe was supported by my hon. Friend the Member for North Wiltshire (Mr Gray).

There have, down the generations, been examples—whether it is Gibraltar or the Falkland Islands in the late 1960s—where successive Governments have sought to negotiate on sovereignty in circumstances where that has palpably not been the will of the people. My proposal would allow the House of Commons and Parliament to send out a crystal-clear message that self-determination is part of the law of this country, and negotiations cannot be entered into without observation of the individual rights of those persons. That does not currently exist, and that is the right reason why we seek a law on self-determination out of the Foreign Office White Paper that will be discussed in the House this year.

[Kerry McCarthy]

Perhaps we can agree to differ on that matter, and I look forward to hearing what the Minister has to say and whether he feels there is a need for the principle to be enshrined in UK law.

We share the Foreign Office’s disappointment about the decision to block ships that carry the Falklands flag. Developments since December have been particularly troubling, and we welcome the robust response from the Foreign Office. Although it is reassuring that ships have been able to get around that policy and continue to enter ports by carrying the British flag, it is obviously not acceptable for the Argentine Government, because they object to the Falkland Islanders’ choice to remain British, to seek to impose an economic blockade or to inhibit the Islanders’ way of carrying on their economic life.

It is also worrying that other south American countries have been brought on board in that decision. Will the Minister confirm which countries and representatives from south America have had direct discussions with the Foreign Secretary, who visited Latin America earlier this month, about the Falkland Islands? Was the blockade discussed with other countries? What was the outcome of the talks? Will the Minister assure us that the Foreign Office is using all diplomatic options to encourage Latin America to respect the Falkland Islanders’ right to self-determination? What assessment has the Foreign Office made of the impact of the tension with Argentina over the Falkland Islands on the UK Government’s efforts to strengthen the relationship with the rest of south America? Will the Minister explain to us what representations the Government have made to counterparts in Chile about protecting the one flight a week from Chile to the Falkland Islands, which President Fernandez has sought to stop?

We appreciate—I have reiterated this today—the need for a robust and unambiguous stance from the UK Government on our determination to protect the Falkland Islanders’ right to self-determination and, consequential to that, their British status. Is the Foreign Office concerned, however, that the Prime Minister’s choice of language might have unnecessarily inflamed the situation? I welcome the Prime Minister’s clear assertion in the House that the future of the Falkland Islands is a matter for the people themselves and that they will remain British for as long as they choose to do so, and we also agree that Argentina cannot disregard the Falkland Islanders’ right to choose. However, accusing the Argentine Government of colonialism, which was clearly an emotive choice of words, provoked a strong reaction from the Government and the Argentine people. Does the Minister think, with hindsight, that that was a wise choice of words? We are also concerned about the march on the embassy in Buenos Aires, in which protestors burned the Union flag. Will the Minister assure us that the welfare of the embassy staff is being protected?

Some suggestions have been made, not in this Chamber, but in the media, that the defence of the Falkland Islands would not be secure if there were attempts by Argentina to invade—although we note that the Argentine President has ruled out any military action. For example, in a recent piece in The Daily Telegraph, General Sir Michael Jackson said that Britain would not be able to reclaim the Falklands if Argentina invaded. I note that earlier in the debate the hon. Member for Beckenham (Bob Stewart), who is well informed on such matters, assured us that that was not the case and that there was no threat, but I would be grateful to receive some reassurance.

[Mr Gray]

It is absolutely the case that we would not be able to send a taskforce tomorrow in the way that we did 30 years ago; we simply do not have the resources to do that. That is quite different from saying that we have no resources to defend the Falklands—of course we do. In particular, the building of a runway at the airport has made defending the Falklands an entirely different matter from what it was 30 years ago, when that did not exist. Of course we can do it today, but we would not be able to lay on a task force as we did then.

[Kerry McCarthy]

Indeed.

Argentina has now named an ambassador to the UK, which is a step in the right direction. Will the Minister tell us whether he has had any contact with Alicia Castro since her appointment? Does he intend to meet her soon? Have his officials in the Foreign Office had any contact with her? We are all keen to hear from the Minister his response to the various points that have been raised in the debate, so I will hand over to him.