Gibraltar

Mark Simmonds Excerpts

Wednesday 20th November 2013 Commons Chamber

[Robert Neill (Bromley and Chislehurst) (Con)]

(Urgent Question): To ask the Secretary of State for Foreign and Commonwealth Affairs if he will make a statement on the unauthorised incursion of a Spanish naval vessel into British territorial waters at the entrance to Gibraltar harbour on 19 November 2013.

[The Parliamentary Under-Secretary of State for Foreign and Commonwealth Affairs (Mark Simmonds)]

On 19 and 20 November 2013, RV Ramon Margalef, a Spanish Government research vessel made an unlawful incursion into British Gibraltar territorial waters that lasted 22 hours in total. During that time, the vessel undertook significant survey activity. Vessels of the Royal Navy Gibraltar Squadron challenged the vessel with radio warnings and continued to shadow the vessel until it departed. The Ramon Margalef was joined in British Gibraltar territorial waters by three vessels of the Spanish Guardia Civil, which attempted to act as escorts to this vessel. The Guardia Civil vessels were also challenged and shadowed by the Royal Navy until they left Gibraltar waters.

Yesterday evening, the Foreign Office summoned the Spanish ambassador to the UK in order to underline the British Government’s serious concerns regarding this provocative and unlawful incursion by a Spanish state research vessel. During the meeting, the ambassador was again reminded of our continued concerns regarding border delays, which continue on a near-daily basis, and our desire to move relations on to a more positive track through ad hoc talks, as proposed by the Foreign Secretary in April 2012.

Yesterday’s incursion occurred despite repeated diplomatic protests to Spain in recent months, and comes only two weeks after a dangerous manoeuvre by Guardia Civil vessels put lives at risk and resulted in a minor collision. According to the United Nations convention on the law of the sea, the waters around Gibraltar are indisputably British territorial waters, under United Kingdom sovereignty, in which only the United Kingdom has the right to exercise jurisdiction. We remain confident of UK sovereignty over the whole of Gibraltar, including British Gibraltar territorial waters.

The British Government strongly condemn this provocative incursion and urge the Spanish Government to ensure that it is not repeated. We stand ready to do whatever is required to protect Gibraltar’s sovereignty, economy and security. We believe that it is in the interests of Spain, Gibraltar and Britain to avoid incidents such as this, which damage the prospects for establishing dialogue and co-operation. The UK wants to maintain our strong bilateral relationship with Spain, which stretches across a range of areas and delivers support for UK and Gibraltarian interests. However, the Spanish Government are wrong if they believe that they can advance Spain’s position on sovereignty by increasing pressure on Gibraltar, whether at the border, through unlawful incursions or by other actions, such as complaints and posturing in the EU.

[Robert Neill]

I am grateful to the Minister for his response. Does he agree that this is just the latest incident in an escalating and cynical campaign of harassment of the people of Gibraltar by the Government in Madrid for their own domestic reasons? Will he conclude that it is now the time not only to make strong diplomatic representations, but to take specific legal action against Spain through the international courts for the clearest possible breach of international law? Furthermore, does he think that we should discuss with Her Majesty’s Government in Gibraltar the possibility of reinforcing the naval presence that supports our forces in Gibraltar by means of a larger, deeper depth patrol boat or of an ocean-going tug that will be able to remove offending vessels from British territorial waters in a way that our current admirable patrol boats are not able to do?

[Mark Simmonds]

I thank my hon. Friend for articulating the concern of many people both inside and outside this House, across the United Kingdom and in Gibraltar. It may be helpful if I give the House the most up-to-date information and the facts. It was not a Spanish naval vessel that went into British territorial waters, but a Spanish-owned oceanographic vessel. It did not get to the entrance of Gibraltar harbour, but was about 250 metres from it. It needs to be reiterated that an escalation of this matter is in nobody’s interest. A political solution to the dispute is required. Of course nothing is taken off the table. We constantly review the naval presence in and around Gibraltar, and we are certainly doing so now. We are keen to return to the ad hoc talks, from which the current Spanish Government withdrew in 2011, involving both the British and Spanish Governments and also the Government of Gibraltar.

[Mr Gareth Thomas (Harrow West) (Lab/Co-op)]

I congratulate the hon. Member for Bromley and Chislehurst (Robert Neill) on securing this urgent question. I rise now to underline the deep concern on the Labour Benches that further Spanish ships entered British Gibraltar territorial waters yesterday without authorisation and stayed for more than 20 hours. Spain is our ally in NATO and on the world stage and is often our ally in the European Council, so its actions on Gibraltar are even more reprehensible in that context. The Spanish Government should be in no doubt that both sides of the House share the anger about yesterday’s events.

Will the Minister tell the House when he or other Ministers became aware of the Spanish ship’s incursion into our waters yesterday, and whether any effort was made during the 20 or more hours the ship was in our waters to contact officials or Ministers in the Spanish Government to demand that the ship be ordered to withdraw?

I welcome the decision by Ministers yesterday to again summon the Spanish ambassador. Is the Minister or the Foreign Secretary planning further calls to their Spanish Government counterparts to underline the seriousness with which this latest action is viewed? Gibraltar cannot and should not be used by Spain’s Government to score cheap political points.

The Chief Minister of Gibraltar is quoted as saying that he has discussed the possibility of more senior assets of the Royal Navy being put at the disposal of the commander of British forces in Gibraltar. Will the Minister give us more information on those discussions and tell us whether he has had, or intends to have, further talks with the European Commission on the ongoing delays at the border?

Finally, the Minister made brief reference to the Spanish Government having pulled out of the trilateral forum in 2011. Does he see any sign of the Spanish accepting the need to return once again to the use of that sensible diplomatic channel for discussions?

[Mark Simmonds]

The hon. Gentleman asked a series of questions. I first became aware of this incursion yesterday morning. The House will not be surprised to learn that there were contacts between the British Government and the Spanish Government to encourage the Spanish Government to ensure that the vessel was removed from British Gibraltar territorial waters. I can give the hon. Gentleman an assurance that, as far as I am aware—this was the situation when I came to the House to answer the urgent question—the vessel had not returned to British Gibraltar territorial waters as was its intention yesterday, so those contacts have had some impact. The discussions about whether the naval presence in and around Gibraltar is correct are ongoing and the hon. Gentleman will not be surprised that I will not go into the detail at this stage. We are also in constant contact with the Government of Gibraltar to ensure that the information being provided is available to the Governments of both the UK and Gibraltar.

Let me also address the point that the hon. Gentleman made about the European Commission and its role in trying to settle this political dispute. He will be aware that the Commission visited the border on 25 September and will not be surprised to hear that there were few delays during that visit. The Commission has committed to monitoring the situation and possibly to returning in six months’ time. We continue to provide evidence to the Commission about what we believe is the unlawful Spanish activity. We also urge the Spanish to implement the recommendations made by the Commission to the Spanish Government about how they can improve ease of access across the border. Those recommendations are to optimise physical space on the Spanish side, including increasing the number of vehicle lanes; to carry out more targeted checks, particularly as they relate to the significant problem of tobacco smuggling; and to develop a mechanism to exchange information with the United Kingdom specifically to target tobacco smuggling.

[Sir Menzies Campbell (North East Fife) (LD)]

I commend my hon. Friend for his measured and carefully considered answer to the question. He will be well aware that the purpose of provocation is to provoke—that is, to provoke a reaction that justifies the initial action of provocation. I hope therefore that his policy will be to ensure that the United Kingdom does not fall into that trap. May I go back to the question of NATO, however? Under article 5 of the north Atlantic treaty, all members of NATO are obliged to regard an attack on one as an attack on all. Under those circumstances, is not the NATO route perhaps one of the most effective diplomatic routes that could be followed in this case to bring some sense to the attitude of the Spanish Government?

[Mark Simmonds]

My right hon. and learned Friend makes an important point. Of course, we have strong and positive relations with Spain in a range of areas. Approximately 1 million UK citizens live in Spain and approximately 14 million UK citizens visit Spain each and every year. He is absolutely right to focus on the importance of not responding aggressively to this provocation and to re-emphasise and reiterate the necessity to de-escalate what is a political dispute. My right hon. and learned Friend’s point about NATO is absolutely right, although the UK Government do not consider this a military attack. At no time has the Spanish navy come into British Gibraltar territorial waters.

[Sir Gerald Kaufman (Manchester, Gorton) (Lab)]

The Minister says that a political solution is needed, but surely he would accept that we have a political solution. Gibraltar is British, the people of Gibraltar wish to remain British and that is that. Will he make it absolutely clear to the Spanish Government that this constant harassment is unacceptable, that if the Spanish navy is involved in such incursions we will retaliate with our naval vessels and that the harassment at the border must stop? It is no good going on saying that we are friends. Friendship consists of friendship; it does not consist of immoderate and intolerable harassment by the Spanish Government.

[Mark Simmonds]

The right hon. Gentleman can be assured that we express our concern and distaste in the strongest possible terms about both the incursions into British territorial waters and the border disputes we were talking about a moment ago. I assure the right hon. Gentleman that our position on the sovereignty of Gibraltar is clear and unchanged. We will protect the right of the people of Gibraltar to determine their political future. The UK will never enter into arrangements under which the people of Gibraltar will pass under the sovereignty of another state against their wishes. Furthermore, the UK will not enter into any process of sovereignty negotiations with which Gibraltar is not content.

[Mr Henry Bellingham (North West Norfolk) (Con)]

When my hon. Friend next sees his Spanish counterpart, will he remind him that Spain possesses two enclaves on the coast of north Africa, and will he tell him that we will respect Spain’s sovereignty over its overseas territories if it does the same in respect of Gibraltar?

[Mark Simmonds]

My hon. Friend makes a powerful point in an extremely relevant way, and I have no doubt that the Spanish ambassador and others in Spain will have noted his comments.

[Mr Peter Hain (Neath) (Lab)]

I agree with the Minister’s measured response, but I put it to him that the problem is that there is no agreement between Spain, Britain and Gibraltar that resolves these problems. May I advise him to look again at the agreement that I signed as Europe Minister with the Spanish Government, but which was subsequently reneged on at a higher level? It was supported by the Conservative former Foreign Secretary, Lord Howe, and by Lord Garel-Jones. It guaranteed Gibraltarians British citizenship and their rights, including the right to political self-determination, but acknowledged the historical Spanish interest. If we move down that road, we might resolve these problems.

[Mark Simmonds]

The right hon. Gentleman makes a very fair point, and that is why, while we are making sure that we deter, as far as possible, any further incursion into those waters and are trying to put in place mechanisms to resolve the challenges and the significant unacceptable delays at the border, the focus is on returning to the talks—both the ad hoc talks that the Foreign Secretary proposed in April 2012 and, hopefully, the tripartite talks that were under way before the current Spanish Government came to power, in which there was detailed discussion of the operation of the border and other matters between the Spanish, British and Gibraltarian Governments. In the long term, that has to be the way forward.

[David T. C. Davies (Monmouth) (Con)]

Given the Spanish Government’s sudden enthusiasm for rigorous border controls, will the UK Government consider setting up a special line at Heathrow airport for planes coming from Spain, and a line dedicated to Spanish passport holders, so that we can show the same rigour with regard to their entry to the United Kingdom as they are showing in allowing our citizens to enter Spain from Gibraltar?

[Mark Simmonds]

My hon. Friend makes a passionate point, but he will no doubt be aware that the majority of people who are inconvenienced by the significant delays at the Spanish-Gibraltar border are Spanish citizens trying to get into Gibraltar; many of them work there. We have to try to make sure that the Spanish implement what the European Commission set out in its correspondence with Spain, which I outlined earlier, to ensure that any citizen of any country wishing to travel across the border between Spain and Gibraltar can do so in an expeditious manner.

[Mr Nigel Dodds (Belfast North) (DUP)]

Given the escalation in the violations of British Gibraltar’s waters by Spanish vessels and the increase in illegal road checks, instead of calling in the Spanish ambassador for possibly the fourth, fifth or sixth time, is it not time for the Prime Minister to get involved directly, at Head of Government level, to pursue the NATO route alluded to by the right hon. and learned Member for North East Fife (Sir Menzies Campbell)? Is it not time to spell out the consequences for Spain—it would be helpful if the Minister could do that today—if this action continues?

[Mark Simmonds]

I can assure the right hon. Gentleman that there is constant contact between the UK and Spanish Governments. We certainly call in the Spanish ambassador, as we did yesterday and have done on previous occasions, when we feel that behaviour is unacceptable, but I can give the right hon. Gentleman an assurance that over the summer the Prime Minister, the Deputy Prime Minister, the Foreign Secretary and the Minister for Europe all spoke to their respective counterparts in Spain to try to de-escalate the challenges that we are talking about. That will continue unless the Spanish change their behaviour.

[Bob Stewart (Beckenham) (Con)]

Spain is a NATO ally, so perhaps the Spanish will understand that we may express our disquiet by stopping our naval vessels going to places such as Rota to re-provision, and may instead re-provision them in Gibraltar, or perhaps by sending an infantry company to Gibraltar on roulement more often, to express our extreme worries about what is happening to our people in Gibraltar.

--- Later in debate ---

[Mark Simmonds]

I am grateful to my hon. Friend for his remarks. I assure him that the Royal Navy challenges all unlawful incursions by vessels, and indeed puts out radio warnings about the monitoring of all offending state vessels until they leave our waters, but it is clear that we need to de-escalate this, not go in the other direction.

[Kate Hoey (Vauxhall) (Lab)]

The Minister should not hold his breath waiting for the European Commission to do anything more on the problems at the border. As a huge morale boost for Gibraltarians, perhaps he or the Foreign Secretary will get on a plane in the next couple of days, and go to Gibraltar, and make it very clear publicly that they will do whatever is needed to protect Gibraltarians from Spanish bullying.

[Mark Simmonds]

I am grateful to the hon. Lady for that suggestion. I cannot speak on behalf of the Foreign Secretary, but I can certainly give her an unequivocal assurance that the United Kingdom Government, including the Foreign Office, stand shoulder to shoulder with the Government and the people of Gibraltar to make sure that they can keep their links with the United Kingdom. We will work together to do everything that we can to reduce and mitigate this unacceptable behaviour, both on the part of Spanish oceanographic vessels and as regards the border delays.

[Geoffrey Clifton-Brown (The Cotswolds) (Con)]

Will my hon. Friend remind his Spanish counterpart that in 1967 almost 100% of Gibraltarian people voted to remain under the sovereignty of the United Kingdom? In the most recent poll, in 2002, 98.5% of the people voted to reject joint sovereignty with Spain. Will he tell our Spanish counterparts that this harassment by the Spanish Government is totally unacceptable and violates all UN charters?

[Mark Simmonds]

I can give my hon. Friend the assurance that of course we will continue to make the strongest possible representations to the Spanish Government. It is relevant, in response to his question, to highlight that Gibraltar’s constitution reflects the principle that the people have the right of self-determination. The realisation of that right must be promoted and respected in conformity with the provisions of the charter of the United Nations that are applicable under international treaties. Certainly, we will not go down the route that the previous Government took in 2002.

[Mr David Winnick (Walsall North) (Lab)]

I agree with the Minister that everything should be done to de-escalate the crisis, and we should recognise that Spain is a long-term ally of ours, but is the Minister aware that those of us who supported Spanish democrats during the very long years of Franco’s brutal dictatorship much regret the pressure that Spain is putting on the people of Gibraltar, who have made it clear, as has been stated time and again today, that they want the status quo to remain?

[Mark Simmonds]

The hon. Gentleman makes a powerful point. Bullying and intimidation, wherever they occur, are unacceptable, but that certainly appears to be what is happening in relation to Gibraltar. I can give him, as I have given others, an assurance that the British Government will continue to make the strongest possible representations to ensure, hopefully, that the situation is de-escalated, and that the Spanish Government change their behaviour.

[Robert Halfon (Harlow) (Con)]

Does my hon. Friend agree that the behaviour of the Spanish Government has got worse and worse, and that rather than behaving like the democratic European country that it is supposed to be, Spain’s intimidation tactics put it more in line with Iran than Europe? Does he agree that if this carries on, we should send the Spanish ambassador packing from this country?

[Mark Simmonds]

I am not sure that the comparison that my hon. Friend makes is fair or accurate. As I mentioned, the Spanish ambassador was called in yesterday, and we clearly set out, in no uncertain terms, the strength of feeling in both the United Kingdom and Gibraltar about Spain’s actions. Ultimately, as I have said, we have to return to the ad hoc talks suggested by my right hon. Friend the Foreign Secretary. Interestingly enough, the Spanish Government have publicly said that they will return to those talks, but have not yet specified the exact date when that will happen.

[Chris Bryant (Rhondda) (Lab)]

With massive corruption allegations swirling around the Spanish Government, I am sure there is nothing Señor Margallo would like more than for our Government to take up the suggestions of the hon. Member for Monmouth (David T. C. Davies), my hon. Friend the Member for Vauxhall (Kate Hoey) or the hon. Member for Harlow (Robert Halfon). The Spanish Government would love to escalate the situation. They would love to wipe all those stories off the Spanish newspapers’ front pages so that they could have a good old-fashioned Francoist row with Britain. May I urge the Minister, if he ever gets anywhere close to his sabre, just to leave it alone?

[Mark Simmonds]

I am grateful to the hon. Gentleman for those remarks. He is right that we need to be calm, but we need also to be firm, to make sure that the Spanish understand that the behaviour, both at the border and in the territorial waters, is not acceptable. He is also right to highlight the domestic political problems that Spain and the Spanish Government have. In addition, there are clearly some issues that relate specifically to tobacco smuggling across the Spanish-Gibraltar border. The Spanish Government, the Gibraltarian Government and the United Kingdom need to work together to resolve those.

[Mr Tobias Ellwood (Bournemouth East) (Con)]

I am left wondering whether there has been a breach of article 5 of the NATO treaty. I served in the Army in Gibraltar in 1995 as aide-de-camp to the Governor. Three-hour waits at the border were commonplace then, caused by overweight Spanish security guards taking far too long to do their inspections. When my hon. Friend met the ambassador yesterday, did he give him a copy of the treaty of Utrecht signed by the Spanish in 1713, which makes it very clear that Gibraltar is not part of Spain?

[Mark Simmonds]

My hon. Friend makes a powerful point. I do not think the ambassador was given a copy of the treaty of Utrecht; I am sure he is very much aware of its contents. But he was told in no uncertain terms about the unacceptability of the oceanographic vessel entering British Gibraltar territorial waters and staying there for the length of time that it did. He was also made well aware of the strength of feeling that exists in both Gibraltar and the United Kingdom about the unacceptable delays at the border, which are potentially hindering the economy in Gibraltar, and hindering free access and movement for Gibraltarians and for Spanish people as well.

[Thomas Docherty (Dunfermline and West Fife) (Lab)]

By my count, this is the fourth time that the Foreign Office has summoned the ambassador and his representatives for a stern ticking-off. On each occasion the Spanish have escalated the dispute by trying to ruin Gibraltar economically with these absurd border checks. Does there not come a point where even the Minister would accept that this strategy is not working and that we need real action from this Government?

[Mark Simmonds]

The United Kingdom is standing shoulder to shoulder with the Government and the people of Gibraltar. The Spanish activity, both the incursion into territorial waters and the border delays, are unacceptable. The British Government have made this clear in the strongest possible terms. The Prime Minister wrote to the EU Commission President to ask the EU Commission to get involved, which it has now done. We continue to provide evidence to the EU Commission, we continue to press the EU Commission to make sure that its recommendations to the UK, Gibraltar and Spain are implemented in full, and we will continue to do everything we can through diplomatic and political means to resolve what is a political dispute to the satisfaction of Gibraltarians and everybody in the United Kingdom.

[Neil Parish (Tiverton and Honiton) (Con)]

Partido Popular in Spain and the Government are extremely unpopular, so these activities are just a diversion. The trouble is that the people of Gibraltar are the ones who suffer every time the border is closed. We need to stop these things constantly being escalated. In the end, it is the democratic right of the people of Gibraltar to remain British, which they emphasise all the time. We must do more as a Government to make sure the borders are open.

[Mark Simmonds]

My hon. Friend makes an extremely important point about the necessity to improve access across the border, which is why we will try to do everything we can to ensure that the EU Commission’s recommendations are implemented in full. We also fully expect Spain to act on the Commission’s recommendations. The Commission is still clearly concerned by the situation and is committed to remaining engaged and following up in the way that I outlined. Interestingly, it has reserved the right to reconsider its position and has explicitly offered the possibility of a further visit to the border. If the Commission is to do that, I suggest that it does so without giving the Spanish notice so that it can see how people are suffering.

[Mr Angus Brendan MacNeil (Na h-Eileanan an Iar) (SNP)]

The right of self-determination of Gibraltar must surely be respected above all, and we should stand with Gibraltar and put some backbone into the European Commission to rein in Madrid. Although Gibraltar is not in the UK, it is a British overseas territory in special social union with us, but regardless even of that, international law must be respected. As Spain is a democracy, in the EU and in NATO, should it not start behaving accordingly, and certainly not fire shots at a young man on jet skis in Gibraltar harbour? Finally, is there any hope of making the European Commission rein in Spain much sooner than in six months?

[Mark Simmonds]

The hon. Gentleman is right about the incident that happened a little while ago with the jet ski. He will be aware of the strong protestations that we made at the time. To clarify the position, our policy on Gibraltar is crystal clear. The people of Gibraltar have repeatedly and overwhelmingly expressed their wish to remain under British sovereignty and we will respect their wishes. This is entirely consistent with the purposes of the principles of multilateral organisations such as the United Nations, which determine the principle of self-determination.

[David Morris (Morecambe and Lunesdale) (Con)]

Is my hon. Friend aware that a possible political solution is already going through the House? My Gibraltar (Maritime Protection) Bill seeks to enshrine and update the treaty of Utrecht to ensure that Gibraltar’s waters have a stipulation of three miles in UK law. I know I have the backing of Members on both sides of the House, and that the Bill will have its Second Reading on 28 February next year. Will the Government give it priority and speed it through to ensure that the behaviour that we have seen over the past few weeks from the Spaniards does not continue and will not happen again?

[Mark Simmonds]

I am grateful to my hon. Friend. I am aware of the private Member’s Bill to which he refers. My understanding is that it is not required, because under international law the three-mile limit in British Gibraltar territorial waters is already in place. Indeed, my understanding is that it may be possible to extend that to 12 miles, but we have not chosen to do so. The three-mile limit is already enshrined in international legislative structures.

[Martin Horwood (Cheltenham) (LD)]

Gibraltar’s Member of the European Parliament, Sir Graham Watson, has emphasised that the authorities would be quite within their rights to board and impound Spanish vessels, should there be a further incursion. Does the Minister agree that the Royal Navy has so far shown admirable restraint, emphasising Britain’s unwillingness to escalate the crisis on our side?

[Mark Simmonds]

The hon. Gentleman is right. The simplistic answer to his question is yes, but we will ensure that the Spanish and those vessels that make any incursion into British Gibraltar territorial waters are under no illusion about the fact that they are not welcome, and that those are British waters and do not belong to Spain.

[Mr Philip Hollobone (Kettering) (Con)]

The Spanish Government seem to regard the dressing-down of their ambassador about as seriously as a miscreant youth regards an antisocial behaviour order. What is required for miscreant youths who have an ASBO is a firm deterrent, so what is the Minister saying to the Spanish Government about what will happen, should an incursion happen again?

[Mark Simmonds]

We have made it very clear that these incursions are unacceptable. We continue to ensure that the Royal Navy will take tough action, but we are also making sure that our differences with Spain regarding these territorial waters should be resolved by diplomatic and political means, not through naval confrontation. My hon. Friend may be disappointed with this, but we do not believe that gunboat diplomacy and tit-for-tat escalation is in anyone’s interests.

[Chris Heaton-Harris (Daventry) (Con)]

Last night Gibraltar marked its debut as a UEFA member by holding Slovakia to a goalless draw. Does the Minister, like me, look forward to a qualifying fixture in a future tournament for which the Spanish football team will have to cross the border into Gibraltar?

[Mark Simmonds]

I join my hon. Friend in congratulating the Gibraltarian football team on last night’s result. To be absolutely clear, the incursions by Spanish vessels are a violation of sovereignty but not a threat to sovereignty.

[Heather Wheeler (South Derbyshire) (Con)]

My constituency is completely land-locked and in the centre of the country, but I have been amazed by the number of e-mails and contacts pouring in from constituents fed up to the back teeth with this. I appreciate that the Minister has given us some soft and warm words about de-escalation and the need to resolve this diplomatically, but I have a feeling that the people of South Derbyshire would like the Royal Navy to send some bigger ships there as soon as possible.

[Mark Simmonds]

I understand my hon. Friend’s concern and that of her constituents, and she will not be surprised to hear that they are not unique in holding those views. There is genuine anger about both what has happened at the border and the incursion into British Gibraltar territorial waters. Obviously, as I said in my initial remarks, we constantly review whether the Royal Navy’s deployment in Gibraltar is adequate. She will be under no illusions about the fact that we are now reviewing that, but ultimately this has to be resolved through diplomatic and political mechanisms. It is in no one’s interest to escalate this conflict. We hope that implementation of the European Commission’s recommendations, as set out in its letter to the Spanish Government, and maintaining the firm stance that incursions into the waters are completely and utterly unacceptable will change behaviour.

[Oliver Colvile (Plymouth, Sutton and Devonport) (Con)]

Will my hon. Friend join me in paying tribute to Gibraltar for its 300 years of gallantry, fortitude and loyalty to the British Crown? Is he willing to meet me and some of my constituents who have been campaigning for that great naval port to be granted the George Cross? Finally, if he ends up having to send the military to Gibraltar, will he ensure that he sends the Royal Marines to support the Royal Gibraltar Regiment? After all, it was they who secured it in the first place.

--- Later in debate ---

[Mark Simmonds]

I am well aware of my hon. Friend’s determination and his passion for the links between the United Kingdom and Gibraltar, which most Members of the House, if not all, share. He is absolutely right to highlight the 300 years of history. I can sum up those historical links in one neat phrase: their history is our history. He is also passionate about his campaign for Gibraltar to be given the George Cross. He will be well aware of the extremely high bar that exists for achieving the George Cross on a collective basis—it has been received only by Malta and by the Royal Ulster Constabulary. There is a process for that, and I know that he and those who support his campaign are already engaged in it.

[Ian Paisley (North Antrim) (DUP)]

I am sure that it will have struck the Minister from the questions asked today that the weight of opinion in this House is in favour of action. On that basis, will he take the opportunity when he next speaks to the ambassador to reflect on that weight of opinion and make it abundantly clear that we will take this no longer?

[Mark Simmonds]

The hon. Gentleman makes a powerful point. It is certainly true that the strength of feeling across the House about the unacceptability of Spain’s behaviour towards Gibraltar sends an extremely powerful message to the Spanish Government and others in Spain who wish to make life difficult for the people of Gibraltar. I can give him an assurance that we will continue to make that case in very strong terms on behalf of hon. Members.

[Glyn Davies (Montgomeryshire) (Con)]

Many Members have contributed to this urgent question, and it is clear that there is cross-party support for the considered clarity that my hon. Friend the Minister has shown. Will he reassure us that the British voice, whatever form it takes, in other institutions, such as the United Nations, NATO and the European Union, will reflect just as clearly the fact that Gibraltar is British and will remain British?

[Mark Simmonds]

I can give my hon. Friend the assurance that in bilateral meetings and on the multilateral stage we will continue to make those points extremely strongly and forcefully.

[Bill Wiggin (North Herefordshire) (Con)]

It appears that the Spanish and the Argentines egg each other on over our disputes. What is the Foreign Office doing to encourage Spain’s other allies to dissuade it from putting its seamen’s lives at risk?

[Mark Simmonds]

That is part of the effort we are putting into providing evidence to the European Commission so that it can play a responsible role in changing Spanish behaviour. My hon. Friend raises an interesting point about talk of co-operation between Spain and Argentina. Despite the threat from the Spanish Foreign Minister, there has been no visible co-operation between Spain and Argentina at the UN General Assembly in 2013. Let me be absolutely clear that the people of both the Falkland Islands and Gibraltar have expressed a democratic wish to remain British.

British Indian Ocean Territory Feasibility Study

Mark Simmonds Excerpts

Tuesday 19th November 2013 Written Statements

[The Parliamentary Under-Secretary of State for Foreign and Commonwealth Affairs (Mark Simmonds)]

On 8 July, Official Report, column 3WS, I announced to the House the Government’s intention to commission a feasibility study on the issue of resettlement of the British Indian Ocean Territory (BIOT). I wish to update the House on the scope of this feasibility study, which will be funded by the BIOT Administration.

Over the summer, FCO and BIOT officials sought initial views from over 400 people, including members of the Chagossian community in the UK, Mauritius and the Seychelles.

These initial consultations show that views within Chagossian communities vary widely on the issue of resettlement. Though a clear majority of Chagossians expressed a preference to return to BIOT, there were significant differences on the detail. A number of concerns and issues were highlighted, by Chagossian groups and others, which will need to be carefully considered during the feasibility study. These include the scale of resettlement, the extent of the provision of modern infrastructure and facilities, access to employment opportunities, and the need to protect the unique environment of BIOT.

The input provided has helped to shape the draft terms of reference (TORs) for the study which will be published immediately on the overseas territories webpage on gov.uk and placed in the Libraries of both Houses. The feasibility study will look at the full range of options for resettlement and will include all of the islands of the territory, including Diego Garcia with its vital military base. Following the study, in assessing the potential options for resettlement the Government will wish to balance a range of factors including whether this could be accommodated in a way that does not inhibit the scale and output of the existing base and whether the base can continue to operate undisturbed alongside any potential resettlement.

In order to ensure that the process remains transparent, credible and inclusive, officials from the BIOT Administration will continue to regularly meet and update Chagossian groups and other interested parties on progress and emerging findings as the study develops. I shall continue to keep Parliament informed.

UK Relations with China

Mark Simmonds Excerpts

Tuesday 19th November 2013 Westminster Hall

[The Parliamentary Under-Secretary of State for Foreign and Commonwealth Affairs (Mark Simmonds)]

It is a pleasure, Mrs Main, to serve under your guidance and chairmanship this afternoon.

I congratulate my hon. Friend the Member for The Wrekin (Mark Pritchard) on securing this important and timely debate and on the extremely knowledgeable and articulate way in which he introduced the topic. As other Members have said, he put his case across in a measured way, but he was also absolutely clear in highlighting the importance of China’s history, culture and historic civilisation and, importantly, in putting on the record the huge economic progress in China over the past 30 years or so, as well as the real progress in making it easier for and enabling United Kingdom businesses to invest in China. I also congratulate all other hon. Members who participated in this high-quality and well-informed debate.

Slightly unusually, I have time—hopefully—to address all the points made in speeches and interventions, so if hon. Members are patient, I will try to do so. At the beginning, however, it is important to say that the time is significant not only for the UK, but for China, in their relationship. The debate is particularly timely because of recent visits to China by the Chancellor of the Exchequer and the Mayor of London, as well as the visit to China mentioned by other hon. Members—to be made by the Prime Minister at the beginning of December.

November marks a year since the new leadership was anointed. President Xi is beginning to make his impact felt. This month’s third plenum was hailed as a key moment for economic and other reform by senior leaders—a point made by my hon. Friend the Member for New Forest East (Dr Lewis). I will address that in a little more detail later. China’s rise represents a huge opportunity for Britain, but it has clearly prompted bilateral and regional stresses, which it is important for us to understand and to help to manage.

The hon. Member for Bristol East (Kerry McCarthy) rightly outlined some of the key statistics of China’s economic rise and transformation, as did other hon. Members. The stark one for me was that McKinsey believes that China’s economic transformation is happening at 100 times the scale of the first country to urbanise—the United Kingdom—and at 10 times the speed. That is a really transformational and expeditious economic rise. That remarkable growth is primarily taking place in China’s cities. In less than 10 years, China’s urban middle class will be in excess of 600 million people.

That rapid transformation presents clear opportunities for the United Kingdom. Our economies are set to enter a new, more complementary phase. There will be a demand for products and services not only in the obvious economic sectors but in important sectors where the UK has expertise, such as in health care and education—exactly the point made by the hon. Member for Bristol East—as well as in the creative industries. Furthermore, luxury goods will continue to grow as urbanisation continues. Those are areas of British strength. We already excel at producing what the future Chinese economy will demand. In addition, our university sector is first rate. Expertise across the full spectrum of creative disciplines makes us unique in the world, and we are well placed to offer increased scientific collaboration.

China’s growing middle class increasingly sees Britain as a tourist destination and as a place to educate their children. In the second quarter of this year, we issued approximately 150,000 visas to Chinese nationals—40% more than had been issued in any previous quarter. In the five years to 2011-12, the number of Chinese students in the UK rose steadily, reaching more than 90,000, or 21 % of all overseas students in the United Kingdom.

The right hon. Member for Belfast North (Mr Dodds), who is no longer in his place, raised an important issue in his intervention on my hon. Friend the Member for The Wrekin about the announcements made by the Chancellor in his recent visit to China. We are keenly aware of the issues arising from the Schengen visa system for Chinese visitors to Europe. The Chancellor has announced pilot measures to allow joint applications for UK and Schengen visas from certain tour groups taking part in the approved destinations scheme. We clearly maintain our own separate visa system—a point made articulately by my hon. Friend—but those administrative measures will help to address any issues. We estimate and anticipate that the number of visa applications will be more than 1 million a year by 2017. To make the process easier and faster for Chinese nationals who want to visit the UK for business, study or pleasure, the Chancellor followed up any concerns with his announcement in China of new measures, including a 24-hour visa service and streamlining the UK and Schengen visa application processes.

We have much to learn and gain from each other, not only economically but culturally, sharing each other’s rich cultural history and traditions. We can see that collaboration and the growth of societal knowledge in visitor exchanges between our two countries and in the important collaborations between our museums—there is currently an excellent and acclaimed exhibition of Chinese painting at the Victoria and Albert museum.

Before discussing the human rights issues rightly raised by hon. Members, I will turn to some specifics on trade and inward investment, which is an important component of the China-UK relationship, in part because the UK rightly has a reputation as the most open economy in the world, driving unprecedented Chinese investment into the country. We are also creating the right environment for Chinese businesses to operate in, and we are now home to more than 400 mainland Chinese companies

My hon. Friend the Member for The Wrekin rightly mentioned the investment by Huawei, which is a prime example. Rather than blocking Chinese investment in that particular important economic sector, we have welcomed investment of £1.3 billion into its UK business over the next five years, including a new £125-million research base that will create up to 300 new jobs. As my hon. Friend also said, however, we of course take the security and integrity of all equipment used by the Government and the public seriously. GCHQ continues to work closely with Huawei, as with a number of other telecommunications suppliers, to ensure that the products are safe, secure and resilient in the United Kingdom.

We are particularly keen to encourage investment from China—as from elsewhere in the world—in our infrastructure, which we hope will bring about £200 billion of projects over the next five years. My hon. Friend mentioned the investment in the UK’s new generation of nuclear plants at Hinkley Point C, with two Chinese companies as minority shareholders.

Investment is only part of the story. Our bilateral trade with China is now worth more than $70 billion a year and we are on track to meet the target of $100 billion a year by 2015. UK exports of goods and services to China have increased 10% in the past year alone, and are growing at the fastest rate of any major EU nation—a testament to Government policies. The Foreign and Commonwealth Office has put prosperity at the heart of its mission, and as part of our network shift we have 60 new staff working in China, a third of whom are focused on less well-known but increasingly commercially important provinces. Alongside the Foreign and Commonwealth Office, UK Trade & Investment has helped many companies to succeed in China by providing support and advice through a network of offices and in collaboration with the China-Britain Business Council.

In addition to our efforts to support British businesses, we want to help China to improve the environment for foreign business by developing the rule of law and enabling a stable, secure and corruption-free environment to allow foreign business to thrive there. My hon. Friend the Member for The Wrekin and the hon. Member for Cheltenham (Martin Horwood) were absolutely right about the necessity and importance of encouraging the Chinese not to block flow of information through the BBC or Google. We strongly believe that a modern knowledge economy must be built on the free flow of ideas. Freedom of expression is a fundamental right. We continue to raise concerns about freedom of expression with the Chinese authorities, and outline our position in our annual human rights report that the hon. Member for Cheltenham quoted.

China’s economic growth is only one part of a wider regional story. Asia-Pacific continues to be one of the fastest growing regions economically, and as British business seeks to take advantage of the opportunities offered by that growth it is fundamental that the region enjoys peace and stability. We have a clear interest in managing the security challenges that risk undermining the region’s economic and political development. The tensions between China and Japan are well documented. We do not take sides in the underlying sovereignty issues but urge all parties to seek peaceful solutions. The effective development of a regional security apparatus is important to stability and we are working closely with the US as principal security guarantor in the region.

I turn now to the important issue of human rights, which has been raised by a number of hon. Members. It is right to say that our prosperity, security, values and global interests are clearly interconnected. As my right hon. Friend the Foreign Secretary has said, we must have a foreign policy based on our values, and the Government believe that respect for human rights is good for economic growth. We want China to continue to succeed. We believe that the development of an independent civil society and the application of human rights under the rule of law are essential for China’s long-term prosperity, along with the free flow of ideas that is an essential part of the growth of a knowledge-driven economy. That is why we welcome the reforms announced during the recent third plenum to deepen judicial reform, end re-education through labour camps—a point raised powerfully by my hon. Friend the Member for New Forest East—and increase reproductive rights.

[Dr Julian Lewis]

The Foreign Office does not always receive praise when praise is due. Looking back to the era of the closing stages of the Soviet Union, the Foreign Office showed great skill in the way in which it interlinked progress on human rights with other issues of contact between the two countries. Will the Minister confirm what seems to be the case, namely that there is a good institutional memory of the techniques employed in that era, which can be applied now in trying to take matters forward with China?

[Mark Simmonds]

My hon. Friend makes, if I may say so, a typically intelligent and perceptive point. He is absolutely right to make that comparison and to comment on that interlinking, as well as the importance of engagement and external lobbying to ensure a transformation over time in these important areas. I assure him that the expertise that was gained in the Foreign Office from the positive activities and outcomes at the time he referred to is infusing and informing the direction of policy at the moment on engagement with China.

On the specific point my hon. Friend made about the ending of re-education through labour camps, although I acknowledge that we are still waiting for the detail about the time frame under which we hope that will be delivered, we welcome the progress that has been made. The new leadership is serious about both economic and financial reforms, and those other reforms. We hope that the authorities will plan not just to abolish reform through labour camps but to end all forms of arbitrary and extra-judicial detention. That is a priority for our engagement with China and was a key part of the statement we made on 22 October that was referred to by the hon. Member for Bristol East.

Where there are additional concerns about human rights, we raise them. To give confirmation to the shadow Minister, we are seeking to agree dates for the next human rights dialogue with the Chinese Government in 2014. We continue to discuss human rights issues with the Chinese authorities, including Tibet, which many hon. Members raised; I will say a little more on Tibet in a moment. We are concerned about the continuing arrest and disappearance in China of activists, lawyers and journalists and others who attempt to exercise their right to freedom of expression and association.

As my hon. Friend the Member for The Wrekin powerfully articulated, we remain concerned about the restrictions placed on freedom of religion in China. Freedom of religion and belief is a fundamental right, and we believe that everybody should be free to practise their religion according to their beliefs, in accordance with the international frameworks to which both the United Kingdom and China are party. We made a statement at the United Nations universal periodic review of China on 22 October, focusing on concerns about extra-legal and arbitrary detention, ratification of the international covenant on civil and political rights, freedom of expression and association, the death penalty, Tibet and Xinjiang. We consulted civil society when drawing up our recommendations. We also fund an array of strategic projects focused on areas including the rule of law, the death penalty, women’s rights and civil society.

We have different histories and systems, however, and are at different stages in our development, so there will be areas where we disagree. That is why we are committed to continued dialogue and that is why the Prime Minister told the House of Commons that we want to have a strong and positive relationship with China to our mutual benefit.

I turn now specifically to Tibet, so that colleagues will be under no illusions. The issue was raised by my hon. Friends the Members for The Wrekin and for Peterborough (Mr Jackson), the right hon. Member for Bermondsey and Old Southwark (Simon Hughes), and the hon. Members for Vauxhall (Kate Hoey), for Cheltenham, and for Bristol East. We continue to have serious concerns about human rights in Tibet. We believe that meaningful dialogue is the best way to address and resolve the underlying grievances of the Tibetan communities, and we urge all parties to restart talks as soon as possible. However, the Prime Minister and the Foreign Secretary have stated clearly that our policy is unchanged, and is consistent with that of the previous Government, in that we recognise Tibet is part of China. The Prime Minister has no plans to meet the Dalai Lama.

I turn now to the particular and specific concern of my hon. Friend the Member for The Wrekin about illegal wildlife trade. He will be well aware of the Foreign Secretary’s engagement with the issue. I want to confirm that the Prime Minister has invited China to send a high-level representative to attend the London conference on illegal wildlife trade in February next year. We hope that that conference will agree to action to tackle the three main aspects of the problem: improving enforcement; reducing demand for illegal wildlife products—that aspect is particularly important in relation to China—and supporting sustainable livelihoods for communities affected by illegal wildlife trade. We hope to work with China and other global partners to address the destabilising effects of the trade, particularly on developing countries. I can assure my hon. Friend and others who are interested that in my travels across Africa, where countries are affected by this plight, I raise the issue as a top priority to try to encourage African Governments to engage with us.

[Mark Pritchard]

The Minister talks about endangered animals and species, and I welcome the Prime Minister’s invitation to the Chinese Government to send a high-level representative. What representations have been made? If none have been made, can they be made, and if they have been made, what was the conclusion vis-à-vis bear farming and bile from bears?

[Mark Simmonds]

I am not an expert on bile from bears, but I will certainly write to my hon. Friend and put a copy of the letter in the Library with the details he requests.

[Kerry McCarthy]

I am sure the Minister will be reassured to know that I will ask him about something that is in his portfolio. Concerns have been raised with me recently about a link between wildlife crime and international trade in endangered species, and funding for terrorism in Africa, particularly with al-Shabaab in Somalia. Is that on his radar, and is the Foreign Office planning to address it?

[Mark Simmonds]

The hon. Lady is absolutely right to raise that important issue and I hope that she will understand if I do not go into details. Yes, we are aware of that, we are looking at it, and we are working with our multilateral partners to address it cohesively and collectively.

The hon. Lady referred in her speech to environment and climate change. It is important that we continue to work with China on such issues, which we do. Clearly, China’s rapid industrialisation has put strains on the environment. Other hon. Members mentioned that, and China’s third plenum also recognised it. It is important to establish ecological civilisation. We continue to work with China at all levels, not just with central Government, but at provincial and local level on a multilateral basis to try to encourage process and improvement in environmental standards, and to encourage the use of renewables and energy efficiency, which are a key component of this important agenda.

Another point that hon. Members raised is the importance of Chinese engagement with Africa. We welcome that engagement in Africa. China plays an increasingly important role in security and prosperity on the continent. Both the UK and China share a fundamental interest in promoting sustainable development and maintaining regional stability. The Chinese are now involved in UN peacekeeping operations in Sudan, South Sudan and the Democratic Republic of Congo, and in anti-piracy issues off the horn of Africa. We are building a partnership with China in Africa to help to reduce poverty and to achieve the millennium development goals. Chinese and UK businesses are working together to maximise the beneficial impact for those living in Africa. I could not allow this debate to close without emphasising some of the positive things that China is doing in Africa.

We are entering a new phase in our relationship with China. The United Kingdom has significant expertise that complements China’s needs, not just in the private sector but in the Government sector. Our global interests are more closely interlinked than ever. We will continue to approach UK-China relations constructively based on our values and shared interests. We can deliver real prosperity and security benefits for the UK, China and Asia. I am extremely grateful to my hon. Friend the Member for The Wrekin for providing the House with an opportunity to debate this significant, timely and important relationship.

UK Relations with Gibraltar and Spain

Mark Simmonds Excerpts

Tuesday 19th November 2013 Westminster Hall

[The Parliamentary Under-Secretary of State for Foreign and Commonwealth Affairs (Mark Simmonds)]

I am pleased to serve with your guidance this morning, Mr Gray. I know that you have a particular personal interest in the UK’s relationship with Gibraltar. I congratulate the hon. Member for Heywood and Middleton (Jim Dobbin) on securing this important debate at such a significant time and on the articulate and passionate way in which he outlined his case. He was particularly generous in the number of times that he gave way to parliamentary colleagues to allow as many people as possible to make important points.

I want to highlight the hon. Gentleman’s excellent work as chair of the all-party Gibraltar group and the significant way in which that group supports Gibraltarians and those in the UK who are interested in the future of Gibraltar. I am aware that the hon. Gentleman was among 20 UK parliamentarians who attended national day in Gibraltar on 10 September; I have done the same in years gone by. I hope therefore that he heard the message given by the Prime Minister to mark that occasion, in which he strongly reiterated the British Government’s commitment to protecting the right of the people of Gibraltar to determine their own political future. I will meet Chief Minister Picardo next week in London at the joint ministerial council, where we will discuss further the importance of the relationship and what we can do to make progress in some of the areas that the hon. Gentleman has highlighted.

[Bob Stewart (Beckenham) (Con)]

There is clear sadness and anger about what is happening to Gibraltar, and the British Government must do more to express the feelings of Parliament. It is an all-party matter, and we are fed up with what is happening to the people in Gibraltar. The Government have to be stronger; I do not know how, but for goodness’ sake, can we get a stronger response to what is happening to our people in Gibraltar?

[Mark Simmonds]

My hon. Friend makes a good point about the cross-party agreement in Parliament on the importance of supporting Gibraltarians in their desire to remain linked to the United Kingdom. I will come on to address his point specifically. I want to make it absolutely clear, however, at the beginning of my response to the debate that the United Kingdom will never enter into arrangements under which the people of Gibraltar would pass under the sovereignty of another state against their wishes. Furthermore, the United Kingdom will not enter into any process of sovereignty negotiations with which Gibraltar is not content. We will continue to respect the wishes of the people of Gibraltar. I do not think we could be any clearer about that.

The debate is about the United Kingdom’s relations with Gibraltar and with Spain, however, and we wish to maintain a strong bilateral relationship with Spain that stretches across a whole range of areas and delivers support for the interests of the UK and Gibraltar. We have a strong economic relationship with Spain that is worth £36 billion to the UK. Spain put £57 billion in inward investment into the UK in 2010, and the UK is the largest single investor in Spain. Spain is a member of the G20 and NATO, as my hon. Friend the Member for Bromley and Chislehurst (Robert Neill) has highlighted, and it is an important EU state. We have close ties through consular relationships. Spain is home to 1 million UK citizens, and 14 million of them visit annually. There is significant co-operation on crime, immigration and counter-terrorism. Last year, the National Crime Agency—formerly the Serious Organised Crime Agency —agreed the first UK-Spain joint investigation team in many years. We work with Spain across a range of areas, including our strong operational defence relationship.

[Caroline Dinenage]

I understand fully what the Minister says about the need to maintain a good working relationship with the Spanish, but the number of incursions into Gibraltar’s territorial water is unacceptable. Only yesterday, the Gibraltar Chronicle highlighted the fact that there was another Guardia Civil boat in Gibraltar’s waters. He will agree that we have to put out a strong message that that level of intrusion is not acceptable.

[Mark Simmonds]

My hon. Friend is absolutely right, and she makes a powerful point. Hopefully, the House recognises that the UK Government have made the strongest protestations to the Spanish Government, both about the issues on the border highlighted by the hon. Member for Heywood and Middleton and about the incursions into Gibraltar’s territorial waters, which are completely unacceptable. We have made official complaints. We are maintaining significant pressure on the Spanish Government and, as the hon. Gentleman highlighted, we have called in the Spanish ambassador.

[Martin Horwood (Cheltenham) (LD)]

Will the Minister give way?

[Mark Simmonds]

I will give way in a moment; I want to complete my response to the intervention from my hon. Friend the Member for Gosport (Caroline Dinenage). We need to find a mechanism to de-escalate, not escalate, the situation. We are working on that, while making it clear in the strongest possible terms that the current situation continuing is not acceptable.

[Martin Horwood]

I accept what the Minister says about de-escalation. Will he welcome the support given to the people of Gibraltar by their MEP, Sir Graham Watson, and urge the European Commission to step up or repeat its border monitoring exercise to see what is happening on the border, perhaps without giving the Spanish advance notice this time?

[Mark Simmonds]

The hon. Gentleman makes a good point. It is certainly unsurprising that the Commission has been unable to conclude that EU law has been infringed; the border operated much more smoothly than normal during the Commission’s visit. That is not the same as confirmation that Spain has acted lawfully. We continue to provide information and evidence to the Commission. We do not believe that it backs Spain’s claims that the checks are not politically motivated. Actions for Spain were up front in the Commission’s statement and we hope that the Spanish will make public the letter that they received from the Commission. We fully expect Spain to act on the Commission’s recommendations.

The Commission is clearly concerned about the situation. It is committed to remain engaged and to follow up in six months’ time. It has reserved the right to reconsider its position and has explicitly offered what the hon. Gentleman suggests: a further visit to the border. He makes a good point about Spain not being notified so the Commission can see what is going on. The Commission has made it clear that it is concerned and will revisit if required.

The Chief Minister of Gibraltar has welcomed the recommendations made to Spain on areas that could make a difference at the border and stressed that the Government of Gibraltar will work closely with the Commission to deliver against the recommendations made to Gibraltar. It is true that the Commission has at this stage been unable to conclude that EU law has been infringed, but that is quite different from confirmation that Spain acted lawfully.

[Ian Paisley]

I welcome the Minister’s interpretation, but may I ask him to go a little further? The European authorities said that Spain must share intelligence with Gibraltar. That would be a recognition of Gibraltar’s self-determination to be a separate place from Spain, because they would share intelligence as equals. Can he ensure that intelligence will be shared between Gibraltar and Spain to prevent some of the troubles that have occurred?

[Mark Simmonds]

The hon. Gentleman will not be surprised to hear that I will not comment on intelligence in this forum. There is a keen urgency about the necessity for ad hoc talks between Spain, the UK and Gibraltar. Officials are working to ensure that those discussions take place again.

My hon. Friend the Member for Gosport raised Spanish incursions into Gibraltarian territorial waters. The Government take seriously their responsibility to ensure Gibraltar’s security. We do not rule out any measures that are necessary to defend Gibraltar and ensure its security against a genuine threat. We believe that the unlawful incursions by Guardia Civil vessels and other vessels of the Spanish state are merely a futile attempt to assert Spain’s legal position in respect of the waters. They are not acts of war and they do not weaken or undermine the legal basis for British sovereignty over Gibraltar and British Gibraltar territorial waters. The British Government are committed to upholding British sovereignty. The Royal Navy challenges all unlawful incursions by Spanish state vessels though radio warnings and close monitoring of Spanish state vessels until they leave Gibraltarian waters. We also make formal protests to the Spanish Government about all such incursions on diplomatic channels, ensuring that the Spanish understand that those incursions are unacceptable violations of British sovereignty.

[Bob Stewart]

If the British Government are determined to defend Gibraltar, why do they not make more use of the defence facilities in Gibraltar? For example, we could send down more often a roulement infantry company, to be based in Gibraltar for perhaps six weeks at a time and exercise there, rather than somewhere like Kenya.

[Mark Simmonds]

Regiments play a significant role in Kenya. My response to my hon. Friend is the point I made earlier: we must strike a balance between being forceful, strong and determined—to ensure that the Spanish Government understand the UK Government’s position and that the Commission undertakes its role responsibly and consistently to ensure that the issues on the border and in Gibraltarian territorial water cease—and finding mechanisms to de-escalate, rather than escalate the situation. That is why we must get back to discussing solutions as soon as possible, without negotiating the Gibraltarian sovereignty position at all.

[Simon Hughes (Bermondsey and Old Southwark) (LD)]

The Government are being very robust about the principles, but will the Minister ensure that when we speak to the ambassador here and Ministers in Madrid, we make it clear that it is in Spain’s interest for the good relationship that exists between Gibraltar and La Linea locally to be expanded to the region? They need jobs, they need investment and they need tourists. They need people coming to Gibraltar airport. Making the region look like a place of huge confrontation and frightening investors away is not in Spain’s interest.

[Mark Simmonds]

I agree with the right hon. Gentleman. I assure him that the Prime Minister, the Deputy Prime Minister, the Foreign Secretary and the Minister for Europe have made exactly that point, and the other points I made, over the past couple of months, to try to ensure that Spain takes a constructive and positive stance in its relationship with Gibraltar, rather than a negative one.

[Robert Neill]

I welcome the tone of the Minister’s remarks and warmly welcome the Prime Minister’s comments at national day in Gibraltar. Many people hoped that he might have been able to deliver them in person. Does the Minister accept that credibility for Spain will be achieved by prompt and full adoption of the recommendations within the six-month period; prompt and full publication of the letter received from the EU; and full recognition that Commissioner Barnier has noted that Gibraltar’s regulation of financial services and anti-money laundering meet the highest European standards, and could frankly teach Spain a lesson?

[Mark Simmonds]

I am grateful for my hon. Friend’s intervention. The three points he makes are correct.

I am running out of time so I shall briefly say a couple of things. I reiterate the point that there have been constructive discussions with the Spanish about the proposals to move to ad hoc talks, and those discussions are ongoing. It also needs to be said that the long-term aim of the UK Government and the Government of Gibraltar is to return to the trilateral forum for dialogue, from which the Spanish Government withdrew on taking office in December 2011. In the short term, we need to find a way to manage our differences with Spain through talks, instead of border delays, incursions and other unacceptable and unlawful actions. While we seek diplomatic solutions to those challenges we will continue to take firm action whenever necessary to safeguard Gibraltar, its people and their economy.

UN Security Council Resolution 1325 (Women, Peace and Security)

Mark Simmonds Excerpts

Monday 18th November 2013 Written Statements

[The Parliamentary Under-Secretary of State for Foreign and Commonwealth Affairs (Mark Simmonds)]

I wish to inform the House that the Foreign and Commonwealth Office, together with the Department for International Development and the Ministry of Defence, is today publishing the third and final annual review of the UK Government national action plan (NAP) on UN Security Council resolution 1325 on women, peace and security (“UNSCR 1325”). The national action plan is intended to strengthen our ability to reduce the impact of conflict on women and girls, and to promote their inclusion in conflict resolution. It provides a framework for incorporating the provisions of UN Security Council resolutions on women, peace and security into the Government’s work on conflict prevention.

Over the last three years (2010-13), the UK Government have made progress on the commitments in the national action plan across the four pillars of UNSCR 1325: participation; prevention; protection; and relief and recovery. We have worked nationally, bilaterally with other countries, and through multilateral organisations and fora.

Women have a key role to play in decision-making, in the aftermath of violent conflict. It is essential that peace negotiations provide for the active participation, perspectives and needs of both men and women. Promoting and supporting women’s active and meaningful participation in all peace processes, as well as their representation in formal and informal decision-making at all levels, is vital to international peace and security. In this context, we welcome the adoption of UN Security Council resolution 2122 on 18 October, which reaffirms the integral role women play in peace processes. Incorporating gender perspectives into our conflict-prevention efforts has been an increasingly important focus of our efforts. The UK recognises that long-term conflict prevention requires investment in all perspectives. Women’s participation can provide a more comprehensive understanding of the causes of and alternative solutions to violent conflict. In Afghanistan, the UK’s support to the Tawanmandi programme, aimed at building the capacity of Afghan civil society, has as a main element support for women’s contribution to communities, including the empowerment of women through local peace councils in 16 projects across the country.

Securing the physical safety, mental and economic well-being of women and girls is essential to the UK’s women, peace and security efforts. Investing in women’s empowerment helps build gender equality, eradicate poverty and promote inclusive economic growth. Women make enormous contributions to economies, whether in businesses, or as entrepreneurs or employees. In the Democratic Republic of the Congo, the UK is providing £60 million between 2010 and 2014 for the sector and police action programme, which works to build political will and institutional capacity to prevent and respond to violence against women and girls in the security and justice sector.

We recognise the necessity of ensuring relief needs specific to women and girls are met, and that special attention is paid to the most vulnerable, including displaced women and girls as well as survivors of gender-based violence. We support women’s activities in relief and recovery efforts, including providing women with equal access to livelihoods activities. For example, in Nepal, the UK has contributed to a United Nations Population Fund (UNFPA) programme which has helped build a rehabilitation programme for women and girls linked with awareness building activities on reproductive health, women’s rights and civic responsibility.

Nationally, we have sought to strengthen the Government’s skills and analysis on women, peace and security, for example through courses on this issue for diplomatic, development and defence staff, run by the FCO, DFID and MOD’s stabilisation unit. We also seek to strengthen analysis of gender, when building an evidence base on specific countries and regions through the Government’s joint analysis on conflict and stability (JACS) methodology. Armed with the evidence, we can inform and shape the Government’s response to conflict and fragility overseas.

The Home Office lead the UK Government’s call to end violence against women and girls (VAWG), and the Department for International Development (DFID) continue to increase their work to tackle VAWG through overseas programming. The creation of the role of ministerial champion for tackling violence against women and girls overseas, fulfilled by the Under-Secretary for the Department for International Development, has added further impetus to securing commitment to this agenda. The national action plan review highlights some of this important work, including the new VAWG research and innovation fund with an investment of up to £25 million that DFID announced in November 2012. This will generate high quality and policy relevant data and evidence on what works for the prevention of VAWG and includes a specific component on the prevalence and nature of VAWG in conflict and humanitarian emergencies.

The Government have sought to increase the profile of the women, peace and security agenda, through targeted, high-level campaigning in the international arena, underpinned by action on the ground. Since the launch of the preventing sexual violence initiative by the Foreign Secretary in May 2012, the campaign has sought to challenge the culture of impunity that exists for sexual violence in conflict. In April this year, G8 Foreign Ministers agreed a historic declaration on sexual violence in conflict which contained a number of key political, practical and legal commitments. In June, under the UK’s presidency of the UN Security Council, the Foreign Secretary hosted an open debate on tackling sexual violence in conflict, which focused on the need to challenge the culture of impunity that exists and to hold perpetrators to account. A new UN Security Council resolution (UNSCR 2106) was adopted during the debate.

A new national action plan will be published in 2014, covering the period from 2014 until 2017. In line with recommendations from an assessment of the NAP, the new plan will set out an overarching strategy that aligns the Government’s work on women, peace and security and brings together various activities (including the PSVI and the broader DFID work to tackle VAWG) in a more coherent and co-ordinated manner. The new NAP will also focus more on monitoring and evaluation; this will ensure better evaluation of impact on the ground and progress against stated objectives. This will build on lessons to date, and address some of the challenges in the current NAP. In drafting the new NAP, we will continue consultations and close collaboration with civil society groups.

The Government are determined that our work in this field should be as effective as possible, with the widest possible level of international support, to strengthen our ability to reduce the impact of conflict on women and girls, and to promote their inclusion in conflict resolution. We will continue to work with Parliament, civil society and our international partners on this.

I have deposited a copy of the third and final annual review of the NAP 2010-13 in the Libraries of both Houses.

Oral Answers to Questions

Mark Simmonds Excerpts

Tuesday 29th October 2013 Commons Chamber

[Rushanara Ali (Bethnal Green and Bow) (Lab)]

Barclays bank made the decision to end banking facilities for money transfer companies such as Dahabshiil and that decision will devastate countries such as Somalia. Will the Foreign Secretary take this opportunity to speak up and explain what he will do to try to prevent the closure of this legitimate route of money transfer to a country that depends on it for its security and to achieve transformation there?

[The Parliamentary Under-Secretary of State for Foreign and Commonwealth Affairs (Mark Simmonds)]

I am grateful for the hon. Lady’s question. She is right to make the point that remittances are extremely important, particularly as they relate to Somalia. But most Somali remittances are made through small scale businesses that operate in cash and do not have bank accounts. They will therefore be unaffected by a commercial decision by Barclays bank. However, the Government are taking the decision seriously. The Treasury, which is leading on this matter, the Department for International Development and the Foreign and Commonwealth Office are working to find a solution, and DFID is developing a pilot project to help secure international remittance channels.

[Paul Maynard (Blackpool North and Cleveleys) (Con)]

Everyone will have been appalled by the tragedy which occurred off Lampedusa recently. Many of those who died were Eritreans fleeing one of the most repressive states in Africa. What steps are the Government taking to try to improve governance in Eritrea to reduce the push factor?

[Mark Simmonds]

My hon. Friend is right to raise this important issue, but it is not solely an Eritrean problem, although he is right to point out that Eritrea continues to violate its international obligations and domestic law and has taken no steps to improve its human rights record. It also needs to be said that poor governance, corruption and a lack of economic development are fundamental drivers for the sort of migration that we saw and the terrible tragedies. I can assure my hon. Friend that we in the Foreign Office will continue to work to try to improve all those aspects to limit the necessity for migration.

[Paul Goggins (Wythenshawe and Sale East) (Lab)]

Will the Foreign Secretary update the House on the work of the chemical weapons inspectors in Syria, and will he say when he expects the destruction of precursor chemicals to begin?

Gibraltar and the George Cross

Mark Simmonds Excerpts

Tuesday 22nd October 2013 Westminster Hall

[The Parliamentary Under-Secretary of State for Foreign and Commonwealth Affairs (Mark Simmonds)]

I am pleased to be serving under your guidance, Mr Crausby. I congratulate my hon. Friend the Member for Plymouth, Sutton and Devonport (Oliver Colvile) on securing the debate and on his articulate remarks, including a brief history lesson about Gibraltar’s importance and the significance of its relationship with the United Kingdom. He rightly explained that we have a proud 300-year shared history.

We strongly welcome the wish of the people of Gibraltar to remain British. Our relationship can be pithily summed up by saying that Gibraltar’s history is our history. We must never forget that. My hon. Friend was right to highlight the significance of the fact that 99% of Gibraltarians voted for Gibraltar to remain an overseas territory of the United Kingdom. I want to state firmly that we shall continue to respect the wishes of Gibraltarians and to protect their right to determine their political future. My right hon. Friend the Prime Minister reiterated that in his message to Gibraltar marking its national day on 10 September. I urge any hon. Members who have never attended Gibraltar national day to do so. It is a stark reminder of the importance of the relationship, and of how passionately Gibraltarians still feel about the UK and Gibraltar working closely together.

I am grateful to my hon. Friend for setting out why he believes Gibraltar should be awarded the George Cross. The British Government value highly the loyalty and service that the people of Gibraltar have given to the Crown and the UK during 300 years of British sovereignty. Gibraltar has been and remains a strategically important location for British defence—a key point that was made by my hon. Friend the Member for Filton and Bradley Stoke (Jack Lopresti). Through a succession of conflicts, from the war of the Spanish succession to the present day, Gibraltar has provided a vital base for our armed forces and for the Royal Navy. It has made a strategically important contribution.

[Bob Stewart]

Two hundred and eight years ago, Gibraltar was crucial to our winning the battle of Trafalgar, which gave the Royal Navy superiority over the seas of the world for 100 years. It was incredibly important.

[Mark Simmonds]

My hon. Friend makes a good historical point. Of course, he will be aware of Gibraltar’s pivotal strategic role not only in the Napoleonic wars but in the second world war—despite serious attempts by the axis powers to take it.

The Chairman of the Equality Rights group in Gibraltar, Mr Alvarez, whom I am sure my hon. Friend the Member for Plymouth, Sutton and Devonport knows, is leading the “Thumbs Up for Gibraltar” campaign, which was launched in Gibraltar in mid-August. The commendable and worthwhile overall aim of the campaign is to generate awareness and support for Gibraltar among the British public.

[Oliver Colvile]

My hon. Friend may know that I have also taken part, and had my photograph taken at the Royal Naval hospital in Stonehouse in my constituency, with my thumbs up. If the Minister would like to take the opportunity to do that at some stage, we should be delighted to have him on board.

[Mark Simmonds]

I am sure that my hon. Friend will know that I am a dedicated and passionate advocate of Gibraltar and the other overseas territories. I work closely with the Gibraltar Government and other overseas territories Governments, to increase co-operation between those territories and the UK, and to bring about more inward investment from the UK and more capacity building from the UK Government, to help them to cope with life in the 21st century. That is all set out in “The Overseas Territories”, the White Paper published in June 2012. A key part of that was to do with increasing public awareness of the territories, and I wish the “Thumbs Up” campaign, in all its various guises, well in its efforts to do that.

I should mention that Gibraltar is an active and energetic participant in the joint ministerial council. The council convenes every year, and the leaders of the overseas territories come together in London to discuss important issues. I hope and believe that Gibraltar will continue to play an important role in that.

Mr Alvarez wrote to the Prime Minister in mid-August setting out why he believes it would be appropriate for Gibraltar to receive the George Cross; particular stress is placed on historical arguments and Gibraltar’s strategic role in the second world war. The campaign also points out Gibraltar’s steadfast response to more recent events, such as those of the Franco era, and its role as a base for military operations in conflicts in the Gulf and the Falklands. Those events cover a long period. I recognise the hardship that the people of Gibraltar have suffered in wartime. They have experienced some very difficult times as a result of political pressure from Spain. The closure of the border from 1969 until its full re-opening in 1985 caused prolonged distress to thousands of people by separating families and friends. This summer the people of Gibraltar have again demonstrated their resolve in a period of heightened tensions. The strength of their spirit was once again reflected in the celebrations in Gibraltar on national day this year.

Perhaps it would be helpful for me to say a little about gallantry awards.

[Mr Gray]

Before my hon. Friend does that, may I reflect on the fact that the Royal Gibraltar Regiment has done the nation fantastic service, most recently in Afghanistan, where its commanding officer was awarded the military cross? I hope that elements of the regiment will, at 3.15 this afternoon, arrive at the north door of Westminster Hall to march in with the rest of 1st Mechanised Brigade. That will be an opportunity for us all to thank the entire brigade.

[Mark Simmonds]

My hon. Friend is right to put on the record the significant contribution of the Royal Gibraltar Regiment. I was not aware that members of the Regiment were coming this afternoon, but I hope that as many hon. Members as possible will attend to pay their respects in view of the significant contribution that has been made.

Furthermore, the Governor-designate of Gibraltar, Lieutenant-General Sir James Dutton, who takes up his appointment this year, is the former Commandant-General Royal Marines. He maintains those strong links between the UK and Gibraltar, because the Royal Marines’ historical links date back a significant way—to 1704, I believe—which further cements and exemplifies the importance of the UK-Gibraltar relationship.

Gallantry awards are usually made in recognition of specific acts of bravery by individuals in saving or attempting to save life. The George Cross, as hon. Members know, is the highest of the awards for civilian gallantry. The hallmark of the award is deliberate self-sacrificial heroism with the imminent prospect of death. Before anyone else points it out, however, although the George Cross is intended for acts by individuals, it has been awarded on a collective basis on two occasions: to Malta in 1942, and to the Royal Ulster Constabulary in 1999.

This debate is not about Malta or the RUC, but it is relevant to point out the circumstances in which they were awarded the George Cross, because that will help to explain why such an award is so rare. Malta was awarded the honour for the heroism and devotion of her people in the face of extraordinary danger. The island experienced one of the heaviest, most sustained and concentrated aerial bombardments in history. Axis forces flew some 3,000 bombing raids over two years. From 1 January to 24 July 1942, there was only one 24-hour period in which no bombs fell on Malta. In March and April 1942, the island received twice the bomb tonnage dropped on London during the blitz. The population were forced to live in tunnels and caves, where they suffered malnutrition and scabies, and 1,600 civilian lives were lost—a huge and significant sacrifice.

The RUC was honoured for its service as a bulwark against, and the main target of, a sustained and brutal terrorist campaign. The force suffered heavily in protecting both sides of the community from danger. By the time of the award in 1999, 302 officers had been killed in the line of duty and thousands more had been injured, many seriously.

I have noted carefully the points that my hon. Friend the Member for Plymouth, Sutton and Devonport has made regarding Gibraltar, as well as the contents of the letter sent to the Prime Minister. I hope that hon. Members understand that what I can say today about the success or otherwise of such a nomination is limited, and I understand that no formal application has yet been made. The Foreign and Commonwealth Office has replied to Mr Alvarez’s letter to the Prime Minister with details of the criteria for gallantry awards, including the George Cross, and with guidance on how to submit a nomination. As part of any such nomination, the “Thumbs Up” campaign, Mr Alvarez and the others who are interested should put forward all the historical and contemporary evidence that they consider to be relevant in support of their case. All such information will be received.

There is a George Cross nomination committee. The form will initially be sent to the Foreign and Commonwealth Office, which will discuss and consult throughout Government. Any conclusions and recommendations will then be sent to the Cabinet Office. Ultimately, the committee’s recommendations are referred to the Prime Minister, who forwards them to Her Majesty the Queen for final approval or otherwise.

[Oliver Colvile]

Will the Minister give some kind of time scale for the committee coming to a conclusion and making a decision? He might prefer to write to me and set it out later.

[Mark Simmonds]

It is difficult to set out a detailed time frame when no formal nomination has been received. To ensure against any misunderstanding, however, I am more than happy to write to my hon. Friend and place a copy of the letter in the House of Commons Library, so that all hon. Members can see the time scale for the process to reach a conclusion once a nomination has been received.

All reasonable cases for civilian gallantry awards are given serious and careful consideration by the George Cross committee. Its recommendations are referred to the Prime Minister. I urge my hon. Friend and other interested parties, who so passionately believe in their campaign, to expedite the application so that clarity can be given as soon as possible. Whatever the result of any deliberations and consultations, I hope that the huge positive significance of the UK relationship with Gibraltar—in terms of Gibraltarians being enthused by being an overseas territory of the UK and of the UK being enthused by the positive reaction of Gibraltar to the close ties—will continue in perpetuity. It will certainly continue, as long as this Government are in power, for as long as the Gibraltan people want to remain closely tied to and an overseas territory of the UK.

“Adapting To Change: UK policy towards the Arctic”

Mark Simmonds Excerpts

Thursday 17th October 2013 Written Statements

[The Parliamentary Under-Secretary of State for Foreign and Commonwealth Affairs (Mark Simmonds)]

I would like to inform the House that the Foreign and Commonwealth Office is today publishing the Government’s Arctic policy framework, “Adapting To Change: UK policy towards the Arctic”.

The framework sets out the detail of the UK’s interests in the Arctic, how we will work with Arctic states and the wider international community, and what expertise the UK can offer to help meet some of the long-term challenges facing the region.

In doing so, we will respect the sovereign rights of the Arctic states to exercise jurisdiction over their territory; the views and interests of people who live and work in the Arctic; and the Arctic environment, its fragility and its central importance to the global climate.

We will work towards an Arctic that is safe and secure; well-governed in conjunction with indigenous peoples and international law. We will promote Arctic policies that are developed on the basis of sound science and have full regard to the environment. We will promote an Arctic where only responsible development takes place.

We will support the Arctic Council as the pre-eminent regional forum for discussing Arctic issues and actively encourage wider dialogue on Arctic matters of global importance. We will promote UK Arctic science, encourage more international collaboration and continue to fund top-class research to increase understanding of the changes in the Arctic. We will play a leading role in diplomatic efforts to avoid dangerous climate change and support the principle of designating Marine Protected Areas in international waters where science supports it. We will facilitate responsible business activity in the region by UK companies and advocate for the highest environmental and drilling standards.

Fundamentally, leadership for Arctic stewardship rests with the eight Arctic states and the peoples within those states. However, where appropriate we will show leadership on Arctic matters of global importance, such as understanding the effects of Arctic climate change on global processes, and we will work co-operatively with Arctic states and other international partners on issues that affect UK interests in the fields of governance, environment and commerce.

I have placed copies of the Arctic policy framework in the Libraries of both Houses. It is also available on: https://www.gov.uk/government/publications/adapting-to-change-uk-policy-towards-the-arctic.

Private Security Providers Association Launch

Mark Simmonds Excerpts

Tuesday 15th October 2013 Written Statements

[The Parliamentary Under-Secretary of State for Foreign and Commonwealth Affairs (Mark Simmonds)]

The UK is, along with the USA, a global leader in the private security company (PSC) market. Legitimate PSCs, working to high standards, are vital to the protection of diplomatic missions and the work of companies and non-governmental organisations (NGOs) in complex and dangerous environments around the world.

The Government want to see the highest standards, including on human rights, across all PSCs that work in complex environments abroad. At the same time, the Government want to level the global playing field for those PSCs that work to high, measurable standards, so that they cannot be undercut by PSCs which do not meet those standards.

We have undertaken to establish a system of national certification to professional standards for PSCs, which would measure PSCs’ implementation of the commitments and principles set out in the international code of conduct for private security service providers (ICoC).

A large section of the PSC industry has signed up to the ICoC, which envisages professional standards to implement the ICoC principles and the creation of a global oversight mechanism, named the ICoC Association (ICoCA). The ICoCA forms the second track of the Government’s approach to raising standards and levelling the playing field for PSCs. The Government strongly encourage all PSCs working in complex environments abroad to both pursue certification to these standards by accredited certifying bodies and to become members of the ICoCA.

The ICoCA was launched at a conference in Geneva on 19 and 20 September. The UK, along with Australia, Sweden, Switzerland and the United States, is one of the founding member Governments of the ICoCA. Thirteen civil society organisations and 135 PSCs have also joined the ICoCA as founding members. Over 50 of the 135 PSCs that have joined the ICoCA are UK-based. The United Kingdom has provided £300,000 of funding to support the establishment of the ICoCA. Other founding states are also providing support.

The governance structure of the ICoCA will consist of a general assembly, a secretariat based in Geneva, and a 12-person board of directors, with equal representation for each of the membership pillars of Governments, civil society and industry. Former UK Permanent Representative to the United Nations and other international organisations in Geneva, Dr Peter Gooderham CMG, has been elected to the board of directors. The board of directors will establish the procedures by which the ICoCA will fulfil its core functions.

Future membership of the ICoCA for PSCs will depend on them being independently certified to approved professional standards. The ICoCA will be able to monitor member PSCs are fulfilling their obligations under the ICoC, including through independent monitoring in the field, and can receive complaints that a PSC has breached the principles of the ICoC.

We believe the twin-track approach of certification to agreed standards and ICoCA oversight can help us fulfil the UK’s commitments under the UN guiding principles on business and human rights. These commitments were set out in the UK’s action plan on business and human rights, which the Foreign Secretary and Business Secretary launched in September.

International Criminal Court (Kenya)

Mark Simmonds Excerpts

Wednesday 9th October 2013 Westminster Hall

[The Parliamentary Under-Secretary of State for Foreign and Commonwealth Affairs (Mark Simmonds)]

It is a pleasure to be under your chairmanship and guidance this morning, Mr Caton. I congratulate the hon. Member for Falkirk (Eric Joyce) on securing this important debate, and on his continued interest in and knowledge of Africa, and Kenya in particular. I thank him for referring to the importance of having a detailed knowledge and understanding of the significant bilateral relationship, historically and today, between the United Kingdom and Kenya. I also thank my hon. Friend the Member for Stone (Mr Cash), who has significant knowledge and experience of east Africa and Kenya, and who shows a continuing energetic commitment to improving the lives of those who live in Africa. My hon. Friend and the hon. Members for Falkirk, and for Wrexham (Ian Lucas), powerfully articulated the complexities and sensitivities of the issue.

I will endeavour to address all the points that have been raised. First, I will take stock, as the hon. Member for Wrexham did, of our wider bilateral relationship, particularly in the aftermath of the horrific terrorist attack on the Westgate shopping centre in Nairobi on 21 September. I am sure that the whole House will join me in re-emphasising our deep sympathy and profound condolences to the Kenyan Government and people, and to the other countries affected by that abhorrent act. As the Prime Minister has said, it was a sickening and despicable act of appalling brutality.

Hon. Members may have spotted that yesterday my right hon. Friend the Foreign Secretary laid before Parliament a written statement setting out the UK Government’s response to the crisis. On the day of the attack, the Prime Minister spoke to President Kenyatta, and I spoke to the Kenyan Foreign Minister, Amina Mohamed, to express the UK’s solidarity and to offer assistance. The UK has provided assistance at the scene in identifying victims and collecting forensic evidence. We have also provided medical supplies and rations to the Aga Khan university hospital, where many of the wounded were taken.

We are determined to work with Kenya on the shared challenge of addressing regional terrorism and building stability in Somalia. The close co-operation and understanding that underpin the UK response to the Westgate attack is a reminder that the UK and Kenya share many priorities and interests. The relationship between the countries today is one of partnership, shared mutual interests and shared concerns, through being members of the Commonwealth, through strong commercial security and through personal ties. The UK is the largest commercial investor in Kenya and the second-largest trading partner, with bilateral trade worth more than £1 billion a year. Thirty thousand British nationals reside in Kenya, and 180,000 British nationals visit Kenya every year. Kenya is also one of the largest bilateral recipients of DFID aid, with the UK contributing £135 million annually in support of Kenya Vision 2030. Our projects tackle conflict, increase stability and improve education and health care.

I have read what the hon. Member for Falkirk said in a similar debate that he secured in March. In that debate, he highlighted the fact that we have a strong defence and security relationship. The British Army trains 10,000 British soldiers in Kenya every year, which benefits not only the UK but the Kenyan defence forces and the wider economy. We want that co-operation to continue and develop for the mutual benefit of the UK and Kenya.

Before I move on to specifics about the International Criminal Court, I will address a couple of points that arose in interventions on the hon. Member for Falkirk. The hon. Member for Upper Bann (David Simpson) rightly raised the importance of trying to reduce, if not eradicate, corruption in Kenya. Department for International Development programmes are involved in supporting greater transparency and accountability at national and county level. The hon. Member for Falkirk mentioned the Mau Mau settlement. It is important to understand that that did not constitute reparation; it was a settlement of claims that recognised the pain and suffering experienced by people on all sides during those events many years ago.

At the heart of our relationship with Kenya is counter-terrorism engagement, through which we assist Kenya in defending itself and countering cross-border security threats, many of which stem from Kenya’s leading role in the African Union Mission in Somalia. Kenya made significant sacrifices during that mission in its attempts to secure peace and stability in Somalia, and we recognise and welcome the significant contributions that Kenya and others have made.

I turn to the issue at the heart of the debate, namely the International Criminal Court. I think it would be helpful if I briefly set out what the ICC is about and why it is so important before I address some of the complexities and sensitivities involved in the issue that we are talking about. The UK and Kenya are among the 122 countries that are signatories to the ICC’s founding Rome statute. Of those countries, 34 are African states; that is the biggest bloc anywhere in the world. As the hon. Member for Wrexham pointed out, we strongly support the ICC’s work around the world as an impartial, independent guardian of the rule of law. It is a court of last resort for the most serious crimes, including genocide, war crimes and crimes against humanity. It takes up cases only when national authorities are unable or unwilling to do so. It provides no immunity for those in positions of power, even Heads of State—a point that has been made powerfully. That universality is one of its strengths. It plays a vital role in ending impunity, holding perpetrators to account and delivering justice for victims.

In July, my right hon. Friend the Foreign Secretary launched the Government’s ICC strategy, which sets out our thinking on how we can ensure that the ICC retains its independence—that is vital—delivers justice, increases its membership, builds more support for its decisions from states and the UN Security Council, gains wider regional support and completes its work more efficiently.

As I have said, the ICC will take on cases only where national authorities lack the capabilities or the will to undertake prosecutions, as was the case in Kenya. The UK is committed to helping to provide training and mentoring to national authorities to help them develop their own laws and systems.

The hon. Member for Falkirk powerfully highlighted the common perception that the ICC is anti-Africa, and I want to address that point. In Africa, the court is working tirelessly to deliver justice for millions of Africans who endured appalling treatment at the hands of fellow Africans. African states have been some of the most important supporters of the creation and effective functioning of the ICC. African states played an active role in the negotiations that led to the establishment of the court, and 22 African countries were among the founding ratifiers of the Rome statute. Interestingly, the first and most recent states to ratify the Rome statute, Senegal and Côte d’Ivoire, were African. The majority of African Union member states—34 African states—are now ICC state parties. It is important to recognise that Africans are among the highest level of ICC officials, and they serve as judges and prosecutors at the court.

The ICC investigates situations, not people, and only after situations have been investigated do prosecutions occur. Suggestions that the ICC focuses solely on Africa do not tell the full story. Preliminary investigations are already under way in cases outside Africa, including in Afghanistan, Colombia, Georgia and Honduras. The majority of cases brought against Africans have been lodged with the ICC by Africans.

I turn to specifics that all hon. Members raised about the ICC and Kenya. Of course I accept that the topic is controversial and sensitive, and creates difficulties for the Kenyan Government, but after the appalling post-election violence in 2007-08, many believe that justice is essential for national reconciliation and healing, and that the trials must continue to give the victims and the accused access to justice. We should remind ourselves of the numbers involved. I underline the figures that hon. Members have mentioned: more than 1,000 people were killed; 3,000 people suffered serious sexual violence; and more than 600,000 people were displaced. We strongly welcome the Kenyan Government’s co-operation with the court and urge them to continue to co-operate, as they have pledged to do.

The UK Government recognise that President Kenyatta and Deputy President Ruto have constitutional obligations and important responsibilities at home, as the Westgate attack illustrated so graphically. We therefore believe that the court’s decision to alternate the trials of the President and Deputy President, to ensure conformity with the Kenyan constitution, and to agree a short delay to allow Deputy President Ruto to take part in the Kenyan Government’s response to Westgate, showed welcome pragmatism.

The hon. Member for Wrexham raised the issue of witness intimidation. We remain deeply concerned by reports of witness intimidation, and call on all state parties to assist the court in preventing it. That would mean Kenya responding to the arrest warrant the court issued last week.

The hon. Gentleman also raised the issue of the Kenyan Parliament’s vote in support of a motion to withdraw from the Rome statute. We must be clear: it is for Kenya, as a sovereign country, to decide whether to withdraw. We, of course, very much hope that it does not. Withdrawing from the Rome statute would not remove Kenya’s obligation to co-operate with the court on the current investigation, as the hon. Members for Falkirk, and for Wrexham, pointed out. The UK Government support the process, but we are clear that it must be recognised that defendants remain innocent until proven guilty. It is for a competent court—in this case the ICC—not the UK or any Government or individual, to pass judgment. The strength of the court lies in its independence, and its processes are, rightly, independent of the UK. I do not share the analysis of the hon. Member for Falkirk that the court process is political, not judicial; it is very clearly a judicial process. We are determined to ensure that the UK’s support for international justice and the ICC does not jeopardise our wider bilateral relations with Kenya.

[Mr Cash]

Is the Minister entirely satisfied that the methodology and process adopted in respect of President Kenyatta and Mr Ruto have been followed in what one would objectively regard as the appropriate manner?

[Mark Simmonds]

As I said earlier, the ICC only takes up matters when the country in question does not put in place the requisite judicial process to allow relevant prosecutions or investigations to take place. Specifically, the Waki commission, to which the hon. Member for Falkirk referred, gave the Kenyan authorities time to put in place the necessary and appropriate structures to deal with the judicial process, as it relates to the terrible atrocities that occurred in 2007-08. It is only because the Kenyan authorities did not do that at the time that the matter was referred to the ICC.

There are seven cases before the ICC, including the Kenyan issue. Of the other six, four were referred to the court by Africans themselves, and two were referred by the UN Security Council. The hon. Member for Falkirk raised the issue of the speculation that the African Union summit could result in some states withdrawing from the Rome statute. He will not be surprised to hear that I will not engage in speculation, but I shall make two points. Although there is a perception that the ICC is focused only on Africa, there is a broad range of views, as there would be in the UK, across the African Union. Only a couple of days ago, 130 groups from across Africa called for not only sustained but greater co-operation with the ICC. He will not be surprised to hear that we urge African states to continue their support for the court, and encourage those African states not party to the Rome statue to consider ratification or accession and other ways that they can support the court’s work. African support and expertise continues to be vital to enable the court to fulfil its mandate of delivering justice for victims and tackling impunity.

I am the first to acknowledge that the court is a young institution. The UK is among those, not only in Africa, but elsewhere, who would like to see improvements. My hon. Friend the Member for Stone made a powerful point about other countries around the world that are not signatories to the Rome statute, and the terrible atrocities in Syria, which we have seen on our television screens. I am sure that he is aware of the UK Government’s position: those who perpetrated those horrific crimes should face justice.

Before I conclude, I shall reflect for a moment on the Kenyan elections in March. The Kenyan people and politicians need to be congratulated on the peaceful nature of the elections, which was in stark contrast to the violence which marred the election in 2007-08. That demonstrated the determination of the Kenyan people to express their democratic right to elect a Government of their choosing in an environment free from violence and intimidation. Kenyans should be proud of that significant achievement. The UK played a role in supporting the democratic process, including by providing £16 million to support free and peaceful elections. The UK position has been consistent and clear: it is for the Kenyan people to elect their leaders and for the courts to resolve any disputes that stem from the election process.

[Mr Cash]

Is the Minister willing to continue this dialogue after the debate, in light of my remarks regarding my uncertainties about the manner in which the ICC goes about a lot of its business?

[Mark Simmonds]

As always, I am happy to talk to my hon. Friend about his views. I will of course be pleased to hear how he thinks the ICC could work better.

The UK-Kenyan relationship is significant, and we want it to continue to develop. We want trade to grow. We want more UK companies to invest in Kenya and more Kenyan entrepreneurs and businesses to invest in the UK. We want to strengthen our partnership in a range of areas, from counter-terrorism co-operation to defence matters, as well as help, through Department for International Development programmes, to alleviate poverty, build capacity and assist those in Kenya who are less fortunate than all of us here today. However, the UK also supports the ICC. We acknowledge, respect and welcome President Kenyatta’s pledge to respect Kenya’s international commitments and to continue co-operation with the ICC.