Piracy (Somalia)

Debate between Lord Bellingham and Rory Stewart

Thursday 14th June 2012 Westminster Hall

[Mr Bellingham]

My right hon. Friend was a senior Minister and had a distinguished military career, and he has stayed in many embassies and high commissions. He will know the work done by the armed guards, who we often employ from companies such as G4S. I will certainly consider whether the document can be made available.

I want to make a few additional points. I think that the Committee was looking for clear but comprehensive rules of engagement, and we have not gone as far as it would have liked. That is, first, because companies must seek independent legal advice. Furthermore, merchant shipping can be subject to multiple jurisdictions. On board a UK flagged vessel, persons are subject to UK domestic laws; they may also be subject to different domestic jurisdictions and equivalent laws depending on the offence committed, the nationality of the person taking the action, the person against whom the action is taken, and whether such an action takes place in international or territorial waters. It is not straightforward, and it can be incredibly complicated. I do not like to see advice saying that it is up to the court to decide, because it brings to mind the debate in the previous Parliament on what force a household can use to defend its property: time and again Ministers would say that it was up to the court to decide, but actually we did not want householders dragged into court. However, in the unfortunate event of such a case going to court, it is up to the law of the land in that particular state or jurisdiction to determine whether the force used in the unique circumstances of the case was lawful.

That is why we have not gone into the level of detail that the Chairman of the Committee would perhaps like to have seen. We have not laid out rules of engagement and rules on the use of force that cover every single eventuality. There has to be a graduated approach, and we must take the realpolitik view that every single circumstance and occasion will be unique. To be too prescriptive would be a mistake.

In addition to producing our national guidance, we—I say “we”, but it is more or less my hon. Friend the Shipping Minister—have played a leading role in the development of international guidance on the use of private armed security personnel for our leading role in the contact group. After detailed work within that body, the contact group has handed its conclusions to the IMO to develop further, and such international guidance will be made available. As I said, this is work in progress and further work is going on, first, on the national guidance that I mentioned and, secondly, on the accreditation process. That is very important. I congratulate my hon. Friend on that work and I hope that he carries on working tirelessly on this agenda.

I think it has been widely accepted that a combination of more robust naval activity, industry self-protection measures and the use of private arms security personnel have all contributed to the reduction in the number of successful hijackings in the Indian ocean, but such activities at sea are only part of the answer. We should not lose sight of the fact that the way to combat piracy is obviously on the land. That point was made by the Chair of the Committee, the hon. Member for Cheltenham and the right hon. Member for Warley. We must look at the political strand, and I will come on to that in a moment in response to the comments made by my hon. Friend the Member for Penrith and The Border (Rory Stewart), but in terms of sustainable solutions on the land, one of the things I was very keen to discuss with the shipping industry—it also featured in the London conference on Somalia—was what we can do to reward those communities, villages and small towns that have driven the pirates out. For example, in Puntland and Galmudug, the local militia have taken control of coastal communities that have previously been subjected to pirate activities. Those communities need to be rewarded, and rewarded quickly. That is why we have worked very hard indeed with the shipping industry, which I am pleased to say has been very proactive on that score, and been able to make some progress.

I am very pleased to say that when the Secretary of State for International Development was in Garowe, he was able to open a new fish market for which money was provided by his Department. We have also, for example, established new youth club facilities in parts of Puntland and looked at projects to increase existing capacity for vocational training and help similar training facilities in parts of Puntland and Galmudug. I am delighted that the UK Government have come up with £2 million for those projects, which has been matched by a $2 million pledge by the four shipping companies that are also very concerned and interested in that agenda. We are very keen to ensure that money goes into those communities that have successfully driven away the pirates.

I should also point out that as well as those fast impact schemes on the land, it is incredibly important that those pirates who are caught are taken for detention, prosecution and then imprisonment. Part of the problem with catch and release was, first, the difficulty of getting a robust prosecution package and, secondly, the question of where to take the pirates. In answer to the point made by the right hon. Member for Warley about whether we would take pirates to the UK, yes, of course we would. If UK citizens or service personnel were injured by pirates, of course, we would look at the evidence and we would consider bringing them to the UK for detention and prosecution.

The most important thing is to ensure that we build up regional capacity for detention, prosecution and imprisonment. I am absolutely delighted that more pirates are now being brought to justice. We recently agreed a new memorandum of understanding with the Government of Tanzania, under which UK naval assets will be able to transfer suspected pirates caught at sea for prosecution in the Tanzanian courts. That has been followed as recently as last Friday with the signature of our Prime Minister and the Prime Minister of Mauritius on a new MOU between us and the Government of Mauritius, which will put UK money into Mauritian prisons and ensure that the Mauritian Government will be able to take more suspected pirates for detention and prosecution. Most important of all, the point being put to us by all these countries is that they will detain pirates and prosecute them, but they do not want to go to the expense of imprisoning them; they believe that those convicted should be imprisoned in Somalia or Somaliland.

[Rory Stewart]

Will the Minister reflect a bit on the gap that has emerged between the objective—governance, rule of law and state stability—and the programmes we are implementing, which are relatively small-scale development programmes, such as fish markets and youth clubs? There is a danger in trying to connect £2 million development projects to the much grander objectives of creating a stable Somali state.

[Mr Bellingham]

I am very grateful to my hon. Friend for intervening. I was referring specifically to those fast impact schemes in the coastal communities. Of course, DFID has a very large development programme in Somaliland. It has also committed a lot of money to south and central Somalia. Much of the money in Somaliland will go into big ticket items around education, health and infrastructure. In Somalia itself—the south and central regions—one of the tragedies is that so much money has had to be spent on relieving famine and on humanitarian relief. If a fraction of that money had been put into building communities, infrastructure and public services, a lot of those services would be far more advanced.

I take on board what my hon. Friend said just now and in his excellent contribution about diplomats having limited reach, the shortage of language skills, the lack of attention being applied and, indeed, the fact that perhaps we are getting a bit too over-optimistic and giddy about what might be achievable. However, I say to him that throughout the work done since I took over this brief in May 2010—I have worked with the Foreign Secretary and received a lot of encouragement from our Prime Minister—I think we have been realistic about our expectations and we have been careful not to raise expectations.

On the other hand, the reason the London conference was well timed is that for the first time for a generation—almost since the events of “Black Hawk Down”—we are seeing areas of relative stability throughout Somalia. In Somaliland, a functioning Government, who were elected in a free and fair election, are becoming a positive development partner. As the hon. Member for Cheltenham pointed out, the African Union Mission in Somalia is making substantial strides in freeing Mogadishu from the curse of al-Shabaab. Progress is being made by Ethiopians in the west of the country around Beledweyne and Baidoa—indeed, AMISOM will soon be sending forces into the west of the country. We are also seeing progress by the Kenyans in the south, and they are about to re-hat as AMISOM troops, as soon as they sign an MOU with the UN.

We have got those areas of relative stability. The key now is to try to win the peace. We do have diplomats—in fact, our new ambassador to Somalia, Matt Baugh, is a brilliant linguist—so we are intensifying our engagement and involvement. When I was recently in Mogadishu, I had a chance to select the site for our new embassy. It is still just a building plot, but our plan is to build an embassy and to have more activity and presence on the ground, as security allows. Again, as the hon. Gentleman pointed out, the Foreign Secretary, the Secretary of State for International Development and I have been to Mogadishu. We are sending people in regularly and they stay overnight in the UN compound.

I also point out to my hon. Friend the Member for Penrith and The Border that it is all very well the international community doing its bit, but it is crucial that the Somalis also accept the scale of the challenge and make the most of the opportunities. That is why we must have an ongoing political process. The transition period of the Transitional Federal Government comes to an end in August. It is essential that we get new political structures in place that are more inclusive and more representative. We have recently had the international conference in Istanbul, which the Foreign Secretary and I attended, and there will be another international contact group meeting in Rome in about a month’s time. The whole international community is agreed that the transition will come to an end. The new constituent assembly will soon be in place and it will elect a new parliament and appoint a new Government. I suggest to my hon. Friend that when we have a new Government and a new parliament who are more representative and inclusive, and who carry more support among those areas of stability within Somalia, we will have an opportunity to move the whole process forward. If that is combined with the international community’s weight and effort in development and assistance on the ground, there will be grounds, not for getting carried away, but for cautious optimism and for confidence that it is worth our while to continue the investment and efforts we put in.

Returning to burden sharing in the region, we recently signed a statement of burden-sharing principles with the Governments of Tanzania and Mauritius, with whom, as I mentioned, we have new arrangements; the Seychelles, with whom we have an effective MOU; and Kenya, with whom we continue to work closely to discuss the prospects for a resumption of our bilateral arrangements.

I understand that when the Foreign Affairs Committee recently visited Kenya, it had discussions with Kenya’s Foreign Minister and, probably, Professor George Saitoti, who was tragically killed in a helicopter crash a few days ago, about whether we could get the bilateral arrangement for the transfer of pirates back on track. I am grateful to the Chairman of the Committee for the work that he has done, and I hope that Kenya will not only carry on accepting pirates, but reactivate the MOU, because it is incredibly important. Kenya is a big regional player and it is important that it does that.

Another positive development to come out of the London conference was the agreement between the Seychelles and Somaliland to start the process of post-trial transfers of prisoners, whereby pirates convicted in the Seychelles can be transferred to Somaliland to serve their sentences. The first such transfer of 17 prisoners took place in late March, and we understand that further exchanges are being planned for the coming months. Puntland is also in the process of agreeing similar arrangements with the Seychelles, and we are pleased that Mauritius has recently made progress in setting up a similar scheme with both Puntland and the Transitional Federal Government. All that important work means that pirates will be able to be taken to those areas for the purposes of detention and prosecution, and they will then be sent to either Puntland or Somaliland to serve their sentences.

The main criticism from countries in the region was that they did not want to bear the cost of imprisoning such people—many of whom are sentenced to long terms of imprisonment—and that they should serve their sentence in Somalia, so that problem is being addressed. I am very pleased that the UK Government have been able to put a lot of money into building up the judicial capacity. I thank the United Nations Office on Drugs and Crime, which is one of our key partners on that agenda.

This work must continue. Obviously, it will cost money and a number of countries have made a few contributions. So far, we have been the single largest bilateral donor to the programme, and we are calling on other countries to step up to the plate. A number of commitments were made at the London conference, with the promise of money to go into such work. We hope that that money will be forthcoming, particularly from those larger countries that have made such commitments.

As has been pointed out, the piracy business model is incredibly lucrative. The risk-reward ratio shows that the risks to the pirates have been minimal hitherto, but the rewards have been absolutely huge. We think that the figure that I gave of £200 million-plus paid out in ransom so far is very conservative and that the true figure could be far higher. It is important that we bear down on the kingpins of piracy. The London conference saw two developments in that area, and they complement our existing work on tracking the financial flows of piracy.

First, the Prime Minister announced the international taskforce on piracy ransom payments, which brings together experts from a number of countries with different experiences involving the payment of ransoms. It will look at what more could be done to tackle the growing size and use of ransom payments. The taskforce will consider the views of a wide range of key organisations, particularly our partners in the shipping industry, and will form recommendations that will then be put to the international community. We expect the taskforce to conclude its work by the autumn.

I say to the Chairman of the Foreign Affairs Committee that nothing is predetermined and to the hon. Member for Falkirk (Eric Joyce) that we do not have any set, predetermined ideas. We hope to work with the shipping industry and carry it with us. Countries face dilemmas when addressing ransom payments, and we have heard today some powerful speeches outlining the arguments for and against. The bottom line is that the UK Government’s position is strong and consistent: we do not outlaw ransom payments—we have not banned them—but neither do we facilitate or encourage them.

Furthermore, it is worth pointing out that most countries that do facilitate the payment of ransoms have had more personnel kidnapped in Africa, more smaller vessels pirated and more people taken hostage than the UK. I do not think that it is an accident that we have a robust line on this. We as a Government will not facilitate it. If pirates or hostage-takers take a Brit hostage, they will know that the UK Government will not come up with a cheque, unlike some countries.

I agree entirely with the hon. Member for Cheltenham that if a Government condone and facilitate the payment of ransoms, that will only encourage more pirates and hostage takers. However, I entirely take on board the point made by the hon. Member for Falkirk, who touched on the tragic case of a merchant vessel that has been pirated and the ransom not paid. The crew members are rotting in hell, which is an appalling situation.

I assure Members that what has been said in this debate will be fed through to the taskforce. Nothing has been predetermined, and this is very much a work in progress. We will work with and listen to the industry. I have read the brief sent to the House by the Chamber of Shipping. It is a powerful set of representations, which, of course, we will not ignore. We are a great maritime nation and the last thing we want is for those companies in our shipping industry, which plays a vital part in our economy and is part of our growth programme, to go offshore, away from the UK.

Secondly, the Prime Minister signed an agreement with the Government of the Seychelles to work together to create the Regional Anti-Piracy Prosecutions Intelligence Co-ordination Centre, or RAPPICC—what an appalling acronym—in the Seychelles. The project will bring together a number of international partners to pull together the material that we have to create evidence packages to bring those behind the piracy business model—the negotiators, the financiers, the co-ordinators and the kingpins—to justice.

At the London conference, Holland announced that it would provide €300,000 and two members of staff to RAPPICC. Other countries have also promised money, and we hope that the United States will go firm on its promise to commit. Furthermore, as I think the hon. Member for Cheltenham pointed out, we have seconded a director to RAPPICC from the Serious Organised Crime Agency. While the new building is being built, the centre will start its work in temporary offices in the Seychelles from this week. We hope that the new building will be finished by the end of the year and that my hon. Friend the Shipping Minister will be able to open it.

The new initiatives will complement what we already do with our partners to track and tackle the financial flows of piracy. We are keen supporters of working group 5 of the contact Group on Piracy off the coast of Somalia—the working group is chaired by Italy—which is charged with co-ordinating and driving forward international activity to track and stop the money.

We are committed to the work of the financial action taskforce, in which we work with regional partners to establish effective regimes against money laundering and illicit financing. We continue to encourage a greater flow of information from our partners in industry to ensure that all possible levers can be utilised to follow and stop the money, and stop those behind the practice of piracy. We need to do more to understand those flows, to interpret them better, to intercept and disrupt them, and to use all mechanisms at our disposal, including examining money laundering laws in many different countries and the work of Interpol. I hope that RAPPICC will help us raise our game substantially.

In conclusion—I have probably spoken for too long already—Her Majesty’s Government will continue our multi-dimensional approach to tackling and undermining the different parts of the piracy model. Progress is being made. There is no question but that pirates have had a very tough time, because while the number of attacks has not been reduced, the number of successful attacks has reduced substantially. Navies have become more robust in their response and, as I have mentioned, action and logistics on land have sent a very strong signal. The industry is now incredibly professional, and the fact that not one single vessel with private armed guards on board has been successfully hijacked is a very strong and good sign of why we changed the guidelines and of our ongoing work.

As so many hon. and right hon. Members have pointed out, the problem is the result of a failed state. It is one of the symptoms of a country, Somalia, which has gone from bad to worse. On the other hand, as I have said, a number of strong indicators mean that we can be, not ridiculously, but cautiously optimistic that we can look forward to progress on the ground in Somalia. Indeed, if places such as Puntland have proper local government in place and their militias and police are able to drive pirates out of those communities, and if the same happens in Galmudug, the solution lies on the land. The African Union Mission In Somalia has taken control of Afgooye, which is north of Mogadishu; it is looking, through new consulate operations, to head south to Kismayo, and on the way, hopefully, take a number of villages and towns that have currently hosted pirates. If we can then reinforce that by building up stability and putting in substantial amounts of money—not penny-packet sums, which obviously are needed in some places to reward communities who have driven away the pirates, but substantial development—into services, infrastructure and building that community, the Somalis deserve nothing less, and by working with them we can give them a better future.

The Committee can be proud of its work in contributing impressively to the debate. We will go on working with it to find solutions to this scourge, this problem, this evil. I look forward to further exchanges with the Chairman and the members of his Committee; I thank them again for their work.