Nuclear Non-Proliferation Treaty Review Conference

Lord Walney Excerpts
Monday 9th March 2015

(9 years, 3 months ago)

Commons Chamber
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Lord Walney Portrait John Woodcock (Barrow and Furness) (Lab/Co-op)
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It is always a pleasure to follow the hon. Member for New Forest East (Dr Lewis). Indeed, I have followed him far more often during my five years in Parliament than I ever envisaged I would when I first entered the House. I have also found myself in agreement with him far more than I had expected. May I implore him, however, not to use again the analogy of going around undressed in winter? That would make for a happier experience for everyone in the Chamber.

I want my party and my country to lead the way on non-proliferation. I am deeply proud to be sitting next to my right hon. Friend the Member for Derby South (Margaret Beckett), who as Foreign Secretary made Britain the very first country in possession of nuclear weapons to sign up to the ambition of global zero. That was a hugely important moment. The question is not whether but how to advance the cause of non-proliferation and disarmament.

Had I known that I would be following the hon. Member for New Forest East, I would have calibrated my arguments, because I want to make exactly the point that he has made. Under the previous Government, as the hon. Gentleman has said, the United Kingdom did many laudable things on non-proliferation, including, unlike any other member country of the P5, the reduction to a single platform. That is often not taken into account in the debate about submarine renewal: every other nation has other platforms, but we have gone down to a single platform, hugely reduced our stockpiles and de-targeted our weapons system. But what progress has there been? It is very hard or impossible to show how that has advanced the cause of non-proliferation, despite our good intentions in doing it.

To those who think that further unilateral gestures could kick-start some new move towards a nuclear-free world, I would say that that is just a fundamental misconception of what motivates states to acquire nuclear weapons. They do so not because they fear that America or the United Kingdom will launch a nuclear strike against them, but either to protect themselves from their nearer neighbours or to be able to threaten them.

If we are to accept the idea that a unilateral gesture could bring further progress, we must be able to answer this question: if the United Kingdom and America decided tomorrow to give up their nuclear weapons, would the world be more safe or less safe, and would we be less likely to have a nuclear catastrophe? It is unquestionably the case that instances of nuclear blackmail or threats of a nuclear catastrophe that destroys the world would be very significantly more likely if America and the United Kingdom were simply to get rid of their weapons without securing disarmament by other nations, particularly Russia.

That is why my party will never return to the days of the unilateralism of the 1980s. We will never accede to the demands of the Scottish National party and disarmers in other parties. It is a shame that the hon. Member for Moray (Angus Robertson) has vacated the Chamber after making his fatuous and wrong point about nuclear weapons. We will not do so, because it would be irresponsible and would set back, not advance, the cause of non-proliferation.

Although some people would try to argue otherwise, there is no conflict between my spending most of the day in Barrow shipyard with my hon. Friend the Member for Wrexham (Ian Lucas), a shadow Defence Minister, looking at the programme for renewing our deterrent submarines, and my standing here to advocate the best course to advance non-proliferation.

If we decided not to proceed with renewal, that would be precisely such a grand unilateral gesture. It would be deferred, perhaps by two decades, but it would mean that the United Kingdom abrogated its responsibility to its own citizens and those in allied countries under the UK’s nuclear umbrella in Europe.

Adam Afriyie Portrait Adam Afriyie (Windsor) (Con)
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The hon. Gentleman is making a very solid case about our participation in the treaty. Outside the general agreement across the House on maintaining our nuclear deterrent, could we not make good headway on fissile materials, the transfer of academic technology and the Nuclear Suppliers Group?

Lord Walney Portrait John Woodcock
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Yes, exactly. The hon. Gentleman makes very well the point on which I shall finish in a moment.

Such a gesture would not only abrogate our responsibility to our NATO allies, but would harm, not help, the push for disarmament by giving away the prospect of the UK being part of a future binding multilateral deal that reduced the nuclear stockpiles and nuclear capability of other nations. We must be honest and realistic about the environment in which the treaty will be discussed, and understand that without the renewal of constructive engagement with Russia there is no prospect of the great breakthrough that we ultimately need.

It is essential to pursue all the measures that have been mentioned by Government Members and my right hon. Friend the Member for Derby South, both because they are important in and of themselves, and because they send the clear signal that we will never deprioritise the need for nuclear disarmament. Any future Labour Government will remain committed to the goal of global zero. We will do the right and responsible thing while the world remains unstable and while potential adversaries, such as Russia, are greatly increasing their nuclear capabilities, rather than engaging in meaningful discussions on scaling them back. We will push for change and for the binding multilateral deal that is the only way we will achieve our ultimate goal of global zero.

Ukraine (UK Relations with Russia)

Lord Walney Excerpts
Thursday 11th December 2014

(9 years, 6 months ago)

Commons Chamber
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John Whittingdale Portrait Mr Whittingdale
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I would not disagree with what my hon. Friend has said. However, in whatever circumstances it occurred, Crimea became part of the sovereign territory of Ukraine, as has been recognised since the war by all legal bodies. Indeed, it was accepted by Russia, which signed up to international agreements recognising that fact.

The wishes of the Russian-speaking community in Crimea are very unclear. Opinion polls taken before the Russian intervention showed that although a large number of people were Russian speakers and therefore different from Ukrainian speakers, the majority of the population nevertheless wanted Crimea to remain part of Ukraine. It is not at all clear that before the recent events in Crimea a majority wanted to join the Russian Federation. Certainly the attempts by the Russians to demonstrate that through what, as I have said, was an entirely bogus referendum are unconvincing. The argument applies most strongly in Crimea but in eastern Ukraine too. There are people whose first language is Russian and who feel a close association with Russia, but that does not necessarily mean that they want to leave Ukraine and become part of the Russian Federation.

Lord Walney Portrait John Woodcock (Barrow and Furness) (Lab/Co-op)
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I congratulate the hon. Gentleman on securing this debate. On his latter point, does he agree that the worst thing we in the UK could do would be to use that argument, or say, “Well, we’ve provoked Russia by talking about expanding the EU, and we have taken NATO up to its borders”? That would in some way excuse Russia’s actions and promote the myth—which emanates from the Kremlin—that the situation is somehow our fault rather than squarely down to Russia’s completely unacceptable aggression.

John Whittingdale Portrait Mr Whittingdale
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I will say a little more along those lines, but I very much agree with the hon. Gentleman. The idea that what has happened has been somehow at the instigation of the west and America ignores the fact that the people of Ukraine have the right to choose their future. They have overwhelmingly demonstrated—most recently in parliamentary elections, which I want to speak a little about—that they see their future as moving closer to the west and to Europe, and they do not wish to move away from that and back in the direction of Russia. We must respect their right to make that choice.

At the moment, the greatest violence is taking place in eastern Ukraine, and a war is going on in what is known as the Donbas region. There are violations of the Minsk accords every day. Civilian areas are being shelled, there are shootings, and an extremely fierce battle has been raging over several days and weeks for Donetsk airport, where despite the Russians deploying some of their best troops—the Spetsnaz—we understand that they have suffered heavier casualties and the Ukrainians have managed to repel them.

We are told by the Russians that there are no Russian troops in that part of Ukraine, but we know that there are regular movements of military vehicles across the border, and we understand that anything up to 10,000 regular Russian troops are in eastern Ukraine, not to mention the tens of thousands lined up along the border. So-called humanitarian convoys regularly cross into eastern Ukraine. The Red Cross or international observers have not been permitted to inspect those humanitarian white lorries, and local reports state that the most recent humanitarian convoys have contained ammunition.

The battle is fierce and has resulted in heavy casualties. In the summer a strong tank battle resulted in something like 70% of Ukrainian armour being destroyed by Russian forces. President Poroshenko has said that at the latest count, 1,250 Ukrainian servicemen have been killed and 3,000 injured, but casualties have not been only on the Ukrainian side.

Oral Answers to Questions

Lord Walney Excerpts
Tuesday 2nd December 2014

(9 years, 6 months ago)

Commons Chamber
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Tobias Ellwood Portrait Mr Ellwood
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I understand what my hon. Friend is saying. We have had discussions with our Turkish counterparts and others, and General John Allen is also looking at the issue. It needs to be considered in the wider context of the campaign and it is on the table at the moment, but that is as far as it goes.

Lord Walney Portrait John Woodcock (Barrow and Furness) (Lab/Co-op)
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18. Do the Government recognise that the failure of reconstruction after the last Iraq war shows that any military effort will be insufficient unless the UK does far more to engage with its partners and allies, to enable good governance in currently ungoverned spaces in Iraq and Syria to prevail?

Tobias Ellwood Portrait Mr Ellwood
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The hon. Gentleman raises a critical point. The international community, especially Iraq’s neighbours and Iraq itself, must play a crucial role in providing assistance and technical support and governance and stabilisation once the fighting has happened. We are seeing successes: Iraqi forces have liberated the key town of Baiji, and the National Guard programme is formalising the militia structure, to improve security as well as command and control. They are stopping ISIL in its tracks and pushing it back, out of Iraq. This is a turning point.

--- Later in debate ---
James Duddridge Portrait James Duddridge
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This is indeed a tragic and brutal murder, and my heart goes out to the Gobat family. I wrote to the St Lucian Prime Minister on 14 October to seek assurances that any person convicted of this crime will not receive the death penalty, and following my hon. Friend’s excellent work, yesterday I wrote to the St Lucian high commissioner to press him on this issue. I will take up the suggestion to phone the St Lucian Prime Minister if an answer is not forthcoming, and I will speak to my hon. Friend as soon as I have done so.

Lord Walney Portrait John Woodcock (Barrow and Furness) (Lab/Co-op)
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T6. The Secretary of State is a former Transport Secretary, so will he admit to motorists in my constituency and other rural areas that the Government’s bid for a rural fuel discount has completely failed because he has no friends in Europe?

ISIL: Iraq and Syria

Lord Walney Excerpts
Thursday 16th October 2014

(9 years, 8 months ago)

Commons Chamber
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Lord Hammond of Runnymede Portrait Mr Hammond
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The hon. Gentleman is right: there have, sadly, been industrial-scale organised kidnappings—perhaps not so much kidnappings as enslavement of large numbers of people, particularly of women but people of communities and faiths that ISIL does not recognise or approve of. Sadly, there is little that we, from outside, are able to do to trace what has happened to those people on the ground. Some of them have escaped and turned up as refugees, and their heart-rending stories have been published in some of the newspapers, which the hon. Gentleman will have seen. I am afraid we have low visibility when it comes to what has happened to many of these people.

Lord Walney Portrait John Woodcock (Barrow and Furness) (Lab/Co-op)
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What is the rationale for proving only non-lethal support to the Syrian moderate opposition?

Lord Hammond of Runnymede Portrait Mr Hammond
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The Government’s decision to date has been that we do not wish to move to the provision of lethal support to Syrian opposition groups while the opposition remains as fragmented as it is and the intentions of all the groups in it are not as clear as we would like. Some of the groups that might have been considered eligible for support as members of the moderate opposition two years ago have subsequently shown themselves to have little in common with our view of the democratic future of Syria.

Ukraine, Middle East, North Africa and Security

Lord Walney Excerpts
Wednesday 10th September 2014

(9 years, 9 months ago)

Commons Chamber
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Lord Hammond of Runnymede Portrait Mr Hammond
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I must make some progress.

In Syria, we continue to support a negotiated political transition to end Assad’s brutal rule and pave the way to a political solution to this appalling conflict. To those who ask whether we should make common cause with Assad against the new enemy, ISIL, I say that Assad cannot be the answer to defeating extremism. Working with this butcher would only reinforce the appeal of ISIL and feed radicalisation at home. By contrast, therefore, we are strengthening our support for the moderate opposition, who share our values of respect for human rights, the rule of law and inclusive politics. They deserve our admiration as they take the fight to the extremist terrorists in their country as well as taking on regime forces.

In Iraq, we have strongly welcomed the formation of the new Government under Dr Haider al-Abadi. To be successful in turning the tide against ISIL, that Government must now win the confidence of all Iraq’s communities by turning into deeds the words of the new Prime Minister’s published programme for inclusive Government.

Lord Walney Portrait John Woodcock (Barrow and Furness) (Lab/Co-op)
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Will the Foreign Secretary accept my apologies for turning up to the debate slightly late? Does he accept that the new Government of Iraq now have to show that they are doing this, and that if they cannot, it will be time for the UK and its neighbours to reconsider what the political structure of Iraq can be to create stability in the region?

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Lord Walney Portrait John Woodcock (Barrow and Furness) (Lab/Co-op)
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It is an honour to follow that distinguished speech by my constituency neighbour the Defence Committee Chair, the hon. Member for Penrith and The Border (Rory Stewart). I wholeheartedly endorse his analysis of the need to repair our nation’s capacity to act. In the short time available to me, I shall focus on why I think that is important.

A year on from Parliament rejecting action in Syria, here we are again, wracked with uncertainty and warning ourselves of dire consequences if we intervene or if we sit back, and we have a Prime Minister who has seemed trapped by the fiasco of the chaotic vote last year and his hasty decision to rule out all military action in its aftermath. Some are attempting to rewrite history on that vote, suggesting we were being asked to intervene on the side of the murderous butchers who have now gained a foothold in Iraq. Some, such as the right hon. and learned Member for Rushcliffe (Mr Clarke), have made the argument that every time we go in we seem to make it worse, so better to leave well alone, but that is a counsel of despair.

By failing to intervene in Syria when President Assad used chemical weapons against his own people we abandoned the moderate, democratic Syrian opposition who were bravely fighting both the brutal regime and the ISIL insurgency that was, at that time, being covertly bolstered by Assad himself to cloud the thinking of the west and distract his main internal enemy.

Lord Clarke of Nottingham Portrait Mr Kenneth Clarke
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I must have expressed myself very badly, given the hon. Gentleman’s parody of what I said. The gravity of the problem is such that we are fully justified in using military force in support of international order and, in particular, of our own interests. What I said was that that would work only when accompanied by a background of well thought-through policy and diplomacy leading to long-term stability. The failure in the past has been to leap into military action first and then find that events have run away from us. It is wrong to suggest that I have suddenly become a pacifist and isolationist. The worry is that, if we are not careful, all our failures will make the public become more isolationist and pacifist.

Lord Walney Portrait John Woodcock
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I offer my humble apologies to the right hon. and learned Gentleman. I think I got carried away by the melody of his words, and I am glad that he has set the record straight for the House.

Leaving the moderates to their fate allowed ISIL to pour into rebel-held areas in north-east Syria and establish a stronger base from which it has been able to spread and grow into the monster that we see today. Perhaps most importantly of all, it sent a message to the extremists that we simply no longer had the will to take a stand. President Obama drew a red line over chemical weapons use, and it was crossed. What happened? Not a great deal.

Let us remind ourselves of what has happened in Syria over the past year. About 10.8 million people now require humanitarian aid and 9 million have been displaced. Also, 3 million refugees have spilled over to the country’s neighbours, overwhelming Jordan, Turkey and Lebanon, and winter is coming. The public are understandably weary of perpetual conflict, but they also rightly demand that we do what is necessary to keep Britain safe. That is necessary if we value our way of life, our personal security and our living standards sustained through trade with other nations. If we value those things, we have no choice but to confront this evil, this perversion of the true faith of Islam.

The only choice will not be whether we intervene, but when and how. The longer we delay, the greater the threat will become and the more we will ultimately have to sacrifice to defeat it. The next 9/11—or worse—will come, and it will happen with us knowing that, had we acted sooner, we could in all likelihood have prevented it. That would be the real betrayal of those who have lost their lives fighting for their country. It would also be an abdication of our responsibility to lead.

Britain should therefore be at the forefront of efforts to engage in an international coalition to prevent ISIL from creating a permanent state intent on jihad against the west. We should be planning not only for the military action that is needed to beat back the immediate threat but for a concerted international effort to create the environment that moderate forces in the region need to bring greater stability to the middle east, and we should be helping them to eliminate the social, economic and political conditions that allow the extremists to thrive. ISIL’s twisted ideology is the greatest threat to global security and to our values since Nazi Germany and, as happened at the time of the rise of the Nazis, we will all ultimately be held to account for what we did, or did not do, to confront the threat when we had the chance.

Iraq and Ending Sexual Violence in Conflict

Lord Walney Excerpts
Monday 16th June 2014

(10 years ago)

Commons Chamber
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Eleanor Laing Portrait Madam Deputy Speaker (Mrs Eleanor Laing)
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The prize for patience goes to Mr John Woodcock.

Lord Walney Portrait John Woodcock (Barrow and Furness) (Lab/Co-op)
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Thank you, Madam Deputy Speaker. Whatever the responsibility the UK holds for the current situation in Iraq, there is a clear need to prevent the country from falling into the hands of these extremists. Given the Foreign Secretary’s statement that military intervention may well prove necessary, why has he ruled out any UK participation or military support whatsoever?

Lord Hague of Richmond Portrait Mr Hague
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For the reasons I set out in my statement, the prime need is for the leadership in Iraq—in both a security and a political sense—to be able to respond. There is a case for outside support where necessary, but as I said, the assets and capabilities to deliver such military support are much more likely to be possessed by the United States of America. I have set out other areas in which we can help. That is the reasoning for this approach.

Ukraine

Lord Walney Excerpts
Tuesday 13th May 2014

(10 years, 1 month ago)

Commons Chamber
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Lord Hague of Richmond Portrait Mr Hague
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“Unimpressed” is a good bit of British understatement from the Chair of the Foreign Affairs Committee. My right hon. Friend is right: it is important to keep channels of communication open. That is what I do with Foreign Minister Lavrov, and that is why the Prime Minister has spoken to President Putin several times during this crisis. Even as we speak, our representatives are sitting with Russia in the E3 plus 3 negotiations with Iran, and working constructively together on one of the world’s other great issues. We will make every effort to continue to do that, because it is in the global interest and in our national interest.

Lord Walney Portrait John Woodcock (Barrow and Furness) (Lab/Co-op)
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Will the Foreign Secretary make it clear that we do not simply suspect that Russia is behind much of the armed insurrection in the east of Ukraine, but hold the country squarely responsible? If such tactics were attempted in a NATO member country, they would trigger a full article 5 response.

Lord Hague of Richmond Portrait Mr Hague
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There is no doubt about that. I hope that I made it clear in my statement, but I am happy to restate our certainty about Russian involvement in the violence and disorder that have taken place in eastern Ukraine. What has happened does not have the characteristics of spontaneous protest. The level of equipment, training and co-ordination involved demonstrates that there is outside intervention. Ukraine is not, of course, a member of NATO, but I am sure that were such things to happen in a NATO member country, it would be able to invoke article 5 of the NATO treaty.

Ukraine

Lord Walney Excerpts
Monday 28th April 2014

(10 years, 1 month ago)

Commons Chamber
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Lord Hague of Richmond Portrait Mr Hague
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Defence remains a very important priority for the United Kingdom, as my hon. Friend knows very well. These events mean that at the NATO summit in September, which we will be very proud to host in Wales, there will be increased consciousness of the need for NATO in Europe and of the need for confidence in the collective defence of NATO nations. I have already made the case at the NATO Foreign Ministers meeting that that will mean, over the coming years, some NATO nations that spend much less than 2% of GDP on defence having to think again and to increase their defence expenditure.

Lord Walney Portrait John Woodcock (Barrow and Furness) (Lab/Co-op)
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When we were in Kiev over the Easter recess, an official made the point to me that Ukraine did not think, when it gave up its nuclear weapons, that it was doing so in return for a few targeted sanctions on individuals. If we are to make any meaningful progress on nuclear non-proliferation in future, do we not need to show the world that we will do whatever it takes to protect Ukraine’s territorial integrity, including discussing now the prospect of a long-term energy boycott on Russia?

Lord Hague of Richmond Portrait Mr Hague
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We do have to show that there are very serious consequences, which I have set out. Let us remember that a complete energy boycott of Russia would be very difficult to implement—at this moment, at any rate—for many EU nations, such as Bulgaria, that are heavily dependent on Russian supplies of gas. It would therefore be rash for the whole European Union to advocate an energy boycott of Russia, but it is right to talk about reducing—long-term—the reliance on Russian energy and to change the balance of leverage, as I have put it previously in this House, between Russia and the European Union. We are engaged in that, and Russia should really pay heed to it.

Ukraine

Lord Walney Excerpts
Tuesday 4th March 2014

(10 years, 3 months ago)

Commons Chamber
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Lord Hague of Richmond Portrait Mr Hague
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My hon. Friend is right that, as I have said in answer to earlier questions, there are parallels with Transnistria, and, indeed, with Abkhazia and South Ossetia, which are part of Georgia. Russia has certainly been able to live with any consequences of those actions in the past. This is a repetition of that, but on an even greater scale, so there must be costs and consequences in response, to deter the repetition of such events in future.

Lord Walney Portrait John Woodcock (Barrow and Furness) (Lab/Co-op)
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But what are the other costs and consequences that the Secretary of State is actively considering? He has mentioned visa restrictions, but surely just restricting a few people from entering is not sufficient to meet the bar of significant costs, given how much Russia clearly feels it has to gain from its current actions in Ukraine? Will he say what else is actively on the table?

Lord Hague of Richmond Portrait Mr Hague
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No—to be consistent with all the answers I have given before. The European Union has referred to targeted measures and I have referred to well judged, well targeted legal measures. I have not excluded anything. Many hon. Members have made interesting proposals during the course of this statement, but I stressed before that when we take such measures it is important for there to be unity on them, as well as for them to be well judged and well targeted. That means we must work on them together in the European Union, and that is what we are doing now.

Shaker Aamer

Lord Walney Excerpts
Wednesday 24th April 2013

(11 years, 2 months ago)

Westminster Hall
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Jane Ellison Portrait Jane Ellison
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I thank the hon. Lady for that intervention; I know she is going to make her own contribution later. I have come around to the view that that is one of the only credible explanations, and I will talk about it later.

After 11 years, it is clear that the US does not have sufficient evidence against Shaker Aamer to bring charges, because if it did, it surely would have done so by now, as it has for many other detainees. We are left, therefore, with the fundamental questions: Why is Shaker Aamer still being held, and what are the conditions under which he may return to the UK? I put those questions directly to Brigadier General Mark Martins, chief prosecutor of the US office of military commissions in Guantanamo, when he came to the House of Commons last September, and to Leon Panetta, the outgoing US Secretary of Defence, when he visited the House in January. The official reason they both gave for Mr Aamer’s continued detention was that he was being held under

“the law of war…intended to prevent his return to the battlefield for the duration of hostilities in which he was previously engaged.”

That concerns me for many reasons. First, there is no credible evidence that Mr Aamer was ever engaged in “hostilities”. Secondly, the duration period described is incredibly vague. When he responds, will the Minister say whether the Foreign and Commonwealth Office has an understanding of what that might mean? Does it mean for, for example, the duration of the US deployment to Afghanistan? Will it extend beyond the US troop draw-down from Afghanistan? That is important, because it might lead to an eventual release date.

In our country, even those convicted of very serious crimes know what sentence they must serve before they can be released, yet at this point Shaker Aamer has no such light at the end of the tunnel, even though other such difficult cases have been resolved. For example, the case of another British resident, Binyam Mohamed, who was often mentioned in the same breath as Mr Aamer, was also considered difficult and the US was initially reluctant to release him, but military charges against him were dropped and he was released to the UK in February 2009.

Although I have been encouraged on many occasions by Ministers’ repeated public declarations of official Government policy to return Mr Aamer to the UK, and by the frequency with which his case has been raised, Mr Aamer remains in Guantanamo. It is time, therefore, to explore other means of securing his release. That might, I suspect, involve increasing the pressure on the US Government, and pulling diplomatic levers that have not yet been considered. Diplomatically, how might the Government respond if another foreign Government were holding a British resident without charge? I know that Ministers have called for Mr Aamer’s release, but perhaps the Foreign and Commonwealth Office should go further and consider making a public declaration, condemning his continued detention.

The US is one of Britain’s oldest and firmest friends. We are close allies and significant trading partners. Even if Ministers have to ruffle some diplomatic feathers to see Mr Aamer released, our relationship with the US would endure. Indeed, as I have said, releasing Mr Aamer to the UK would surely help President Obama to take another step towards fulfilling his now five-year-old pledge to close Guantanamo Bay.

There are a number of theories about why Mr Aamer remains detained. In The Mail on Sunday last week, David Rose suggested that Mr Aamer might have been present during the torture of another detainee who, I understand, later gave false information that was used to justify the invasion of Iraq. Clive Stafford Smith and others believe that the UK security services could be briefing against Mr Aamer through intelligence-sharing channels to keep him detained, perhaps to protect their reputation against accusations of complicity in torture. Has the Foreign and Commonwealth Office sought assurances that UK security services are not responsible for, or contributing to, Mr Aamer’s ongoing detention? I realise that the content of any such discussions cannot be shared, but have they even taken place?

Another route, which was discussed in detail with the Foreign Secretary and Mr Aamer’s lawyers when we met in the Foreign and Commonwealth Office last year, is through the US’s National Defence Authorisation Act for Fiscal Year 2013. The NDAA regulates defence spending, including on Guantanamo Bay, and also regulates how and when detainees can be transferred or released. Before 2012, granting certifications for transfers was made all but impossible because of the demanding obligations placed on the Secretary of State for Defence and others—the bar was set very high. However, since January 2012, the NDAA has included a new waiver mechanism, which allows the Secretary of State for Defence to release prisoners if any risk associated with their release has been “substantially mitigated”—that is the key phrase used. In October 2012, the Foreign Secretary confirmed that the NDAA 2012 and its new waiver mechanism might make Mr Aamer’s release more likely, and he agreed to pursue the matter of securing a waiver with any new US Administration. Is the Minister able to comment on whether any progress towards identifying and addressing the obstacles has been made?

Lord Walney Portrait John Woodcock (Barrow and Furness) (Lab/Co-op)
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I add my congratulations to the hon. Lady on securing the debate. She is asking all the right questions. Does she agree that it is the lack of transparency that is so damaging, and the sense that justice is being perpetually denied and delayed? Ultimately, that gives succour to the enemies of Britain and the US.

Jane Ellison Portrait Jane Ellison
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I could not agree more with the hon. Gentleman. It is the ultimate stain on democracy. A man should know why he is being deprived of his liberty and what he must do to win it back. That is how I come at it; that is one of the fundamental principles on which mature democracies base their thinking.

Will the Minister comment on whether some of the waiver steps have been satisfied, and what further steps we could take in Britain to satisfy the US authorities? One of the US’s concerns is the possible recidivism of released detainees, or, in the case of the many who did not commit an act of terrorism in the first place, whether their treatment in Guantanamo has inspired them to violence. Releases depend largely on whether the receiving country is trustworthy and able to demonstrate that it can significantly mitigate any risks of recidivism, and I strongly suggest that the UK is eminently trustworthy in that regard. After all, the US trusts us in a range of sensitive areas, for example shared intelligence and co-operation on joint military operations. Additionally, the NDAA requires the publication of a detailed report on incidences of recidivism and the countries in which they take place.

The UK has an exemplary record on reintegrating released detainees. To my knowledge, among all the Guantanamo detainees released to Britain, the sum total of recidivistic activity is a single speeding ticket. Indeed, I understand that the UK has the best record of any country to which a significant number of prisoners have been returned. The UK itself lives with a significant ongoing threat from international terrorism, and the fact that the UK Government are pressing for Mr Aamer’s return to this country is surely the clearest possible demonstration that they do not regard him as a risk, especially given that he is not a British citizen.