UK Ambassador to USA: Leaked Emails

Martin Docherty-Hughes Excerpts

Monday 8th July 2019 Commons Chamber

[Sir Alan Duncan]

I imagine that the results, whatever the outcomes, would definitely be made public—in what form, I am not in a position to say, but I am sure that if someone is found, the world will soon find out about it.

[Martin Docherty-Hughes (West Dunbartonshire) (SNP)]

Cui bono? Given the untrustworthiness of the American Administration, and their filleting of their own Departments, such as the State Department, in a way that is ideologically driven, because they do not find them trustworthy, what assurance can the Minister give the House—I hope he is blunt, because I think I know the answer—that the future occupant of 10 Downing Street will not carry out the exact same type of ideological purge in the Foreign and Commonwealth Office at the end of the month?

[Sir Alan Duncan]

Appointments in any subsequent Administration will be a matter for that Administration. We will of course have to wait to see who is in it.

International Humanitarian Law: Protecting Civilians in Conflict

Martin Docherty-Hughes Excerpts

Tuesday 18th June 2019 Westminster Hall

[Martin Docherty-Hughes (West Dunbartonshire) (SNP)]

It is good to see you in the Chair, Mr Bone. I thank the right hon. Member for Cynon Valley (Ann Clwyd) for securing this debate. I associate myself with the words of the right hon. Member for Sutton Coldfield (Mr Mitchell), who gave a clear and precise overview of the dreadful conflict in Yemen and the impact on civilians, and with those of the right hon. Member for Carshalton and Wallington (Tom Brake), who talked about the impact of technology—especially drones. I agree, as I usually do on this matter, with the hon. Member for Henley (John Howell), who spoke about Ukraine and the Russian state’s interference in and occupation of Donbass.

An example of how we need to review IHL in the context of the changing nature of warfare is the targeting of the infrastructure of the Estonian state through cyber-warfare in 2007. Government institutions were unable to deliver civilian—public—services after that direct attack on the civilian population. However, I do not think that could happen today, given that Estonians are leaders in the field of cyber-warfare.

It is important to commemorate and remember those who brought about the fourth Geneva convention. We should be thankful that we are able to be here today to discuss its 70th anniversary and the work that was done in the light of the horrors of the second world war. It is clear that IHL is a solid and extensive legal framework for protecting civilians in conflict. Nevertheless, the protection it affords is in many ways inherently qualified. It is clear from the evidence that the failure is due not to the law itself, but to the persistent failure to comply with those obligations. IHL has proven to be a practical, durable and adaptable framework for providing passive protection for civilians in the midst of conflict, but that inherent qualification means that we must review it in the light of changing technologies and methods of warfare.

There have been elements of failure. The genocide in Srebrenica in 1995 and the genocide of the Tutsis in 1994 made it clear that we need to ask ourselves consistently how valuable and effective the framework is. In the light of the increase in civilian casualties, which was well documented by the right hon. Member for Cynon Valley, we must redouble our efforts proactively to protect civilians in a range of spheres. I hope the Minister will say something about that later. Civilians must be protected not just on the frontline in Syria or Idlib, but in the cyber-sphere. I am a member of the Defence Committee, and I note that NATO has thankfully recognised the importance of making civilian protection a key element of operational planning, and has published a protection of civilians strategy.

I have three questions for the Minister. First, although the UK seems to have been slow in following NATO’s moves on the protection of civilians in operational planning, will he assure Members that the Government are moving in the same direction as our NATO allies? If he is unable to furnish us with that answer, will he ask the Ministry of Defence to write to Members?

Secondly, do the Government recognise that investment is required to respond to the specific needs and vulnerabilities of different groups—specifically, women, children, the disabled and the elderly? Finally, does the Minister agree that the continued abuse of the Security Council veto undermines not just IHL but the rule of international law itself?

--- Later in debate ---

[The Minister for Asia and the Pacific (Mark Field)]

I am grateful, as I am sure we all are, to the right hon. Member for Cynon Valley (Ann Clwyd) for securing this debate, and to all other right hon. and hon. Members for their contributions. I shall try, in the course of a slightly longer speech, to respond to all the points raised.

As the right hon. Lady said, and my right hon. Friend the Member for Sutton Coldfield (Mr Mitchell) reiterated, this year marks the 70th anniversary of the Geneva conventions, which were designed, after the terror and the horror of the second world war, to serve as a founding pillar of what we know today as international humanitarian law. They represent a clear affirmation that the principles of international humanitarian law are both neutral and universally recognised.

Today’s motion rightly highlights the central place of IHL in international efforts to protect civilians affected by conflict in our world today. There is little doubt that, as conflicts become increasingly complex, IHL will become ever more important and will expand as a body of law. Its underlying principles—the distinction between civilians, those hors de combat and combatants; the principle of necessity and the prohibition on the infliction of unnecessary suffering; the principle of proportionality; the observance of precautions in attack; and the principle of humanity—are all clear and unambiguous.

However, as many speakers have rightly pointed out, the nature of conflict is changing. Too often, the distinction between combatants and civilians, between a target that is legitimate and one that is not, has become blurred. Too often, civilians, including aid workers, are deliberately targeted. In almost all modern wars, it is not the combatants who suffer most, but the civilians. Indeed, as a number of hon. Members brought up, current patterns of violent conflict worldwide show that 90% of all casualties today are civilian. As urbanisation increases, the International Committee of the Red Cross has reported that there are

“some 50 million people worldwide affected by armed conflict in cities.”

The changing nature of conflict presents challenges for states such as the United Kingdom and our allies, who seek to provide humanitarian assistance and make a positive contribution to preserving international peace and security, and to ending conflict, including, where necessary, through military action. The UK Government are committed to facing those challenges, because we all take very seriously our commitments to international humanitarian law and to the protection of civilians in our operations and in the humanitarian contexts where we provide assistance.

Adherence to IHL is a paramount consideration in our approach to conflict, and when we encounter potential violations, we strongly support engaging the appropriate mechanisms to deal with them, while ensuring that we have a domestic legal framework that makes certain that our armed forces are fully accountable. A number of hon. Members will recognise that the Ministry of Defence has an important part to play in some of the questions I will come to in a moment or two, and those really relate to that Government Department.

The UK military is at pains to operate to the highest standards. It closely monitors and verifies the impact of our military activity. My right hon. Friend the Member for Sutton Coldfield rightly pointed out that the increased use of social media provides a mechanism for not only the long-term maintenance of evidence, but, on a day-to-day basis, a recognition of where military or other individuals have gone beyond what is acceptable.

The protection of civilians is and will remain a central pillar of the UK’s approach to our humanitarian efforts and to managing conflict. It has been pointed out that we have played a leading role in the UN Security Council over 20 years in developing that international approach. If I might respond to what my hon. Friend the Member for Henley (John Howell) said earlier, South Africa is currently the African nation on the Security Council, but Tunisia will join, and I very much hope it will play an important part in this, given the recent conflicts that have taken place there.

My hon. Friend will perhaps be aware that the Asian nations currently on the Security Council—Indonesia and Vietnam—have made questions around peacekeeping and the rights of combatants and civilians in war an important part of what they hope to achieve. I hope we will work together with those countries and others in the UN Security Council to raise the profile of many of those issues during the next two years and beyond.

To coincide with the 20th anniversary of the first resolution on this issue, we are undertaking a review of our approach to the protection of civilians in armed conflict, to ensure that it is fit for purpose in the context of modern conflicts and that it addresses all civilians, including children and other particularly vulnerable people, which goes to the heart of the point made by the hon. Member for East Dunbartonshire—

[Martin Docherty-Hughes]

West.

[Mark Field]

Sorry—West Dunbartonshire. The hon. Gentleman might well become the leader of the Liberal Democrat party if I am not careful.

[Tom Brake]

Nominations are closed.

[Martin Docherty-Hughes]

I think I’ll pass.

Hong Kong

Martin Docherty-Hughes Excerpts

Tuesday 18th June 2019 Commons Chamber

[Mark Field]

I thank my hon. Friend. She is absolutely right, and that is a message that we try to put across. She will be aware that Hong Kong, along with Shenzhen and Guangzhou, is part of a greater bay area. One hopes that the experience will permeate that part of mainland China, so that people recognise the benefits of a one country, two systems approach. While the guarantee is in place until 2047, it is very much the UK Government’s hope that the benefits of one country, two systems in Hong Kong and perhaps a wider area will exist beyond that time, with benefits for China looking forward. It is important that we make that case to our Beijing counterparts in all that we do in relation to the issue of Hong Kong’s unique position.

[Martin Docherty-Hughes (West Dunbartonshire) (SNP)]

I congratulate the right hon. Member for Orkney and Shetland (Mr Carmichael) on securing the urgent question. Does the Minister agree that the reality is that all that the People’s Republic of China is seeking to achieve in Hong Kong is the legalisation of what it has been doing for years, which is legally kidnapping people from Hong Kong and taking them to China?

[Mark Field]

As I have said, and as the hon. Gentleman will understand, we felt that there was a direct breach of the joint declaration in the episode to which he alludes, which happened some three years ago. This is unacceptable. Hong Kong citizens and British national overseas have particular rights that we will constantly stand up for. We feel that it is the wrong way forward—it is not something that we accept, and we feel that such episodes are absolutely in breach of the joint declaration.

Syria: Civilians in Idlib

Martin Docherty-Hughes Excerpts

Tuesday 18th June 2019 Commons Chamber

[Dr Murrison]

The hon. Gentleman will have heard yesterday’s statement and will hopefully have been reassured, at least in part. The situation in Calais clearly goes well beyond Syria and is part of a much bigger piece. I hope that he will agree that the way to resolve that situation is to ensure that we prevent people from making perilous journeys in the first place. That is the view taken by both the French and UK Governments. Although it is a big piece of work and will take a long time, the imperative has to be to deal with the things that drive people to make that journey and end up in the unsatisfactory situation in France that he describes.

[Martin Docherty-Hughes (West Dunbartonshire) (SNP)]

The signatories 70 years ago to the fourth Geneva convention, which is international humanitarian law, would not have been surprised that the hon. Member for Wirral South (Alison McGovern) has had to request this urgent question.

As a constituency MP with more than 40 Syrian families seeking refuge in my home town of Clydebank in West Dunbartonshire, it is my duty to represent them here. I have two specific points to raise with the Minister. First, in engaging with the United Nations, and maybe reforming international humanitarian law, we need to recognise that NATO leads on what is now called the importance of civilians in operational planning to ensure the protection of civilians. Secondly, with any increase in refugee numbers, will he assure existing refugees across the whole United Kingdom of Great Britain and Northern Ireland that the necessary investment to ensure their safety, wellbeing and health will not only continue but increase?

[Dr Murrison]

I am pleased that the hon. Gentleman’s local authority area has been helpful in accommodating refugees. My experience in my constituency is that they have been warmly welcomed, and I have been pleased with how they have been accommodated in my small part of the south-west of England. Refugees clearly need to be provided with the necessary resources to sustain themselves and to look forward to a potential long-term future, meaning all the things that those of us who are fortunate to have been born and brought up in a pacific part of the world take for granted. I am sure that that applies in his constituency, as it does in mine.

The hon. Gentleman is of course right to underscore the importance of the protection of civilians. As I said earlier, the difficulty in Syria, as in many conflicted parts of our world today, is with providing access to civilians. Our first duty must be to ensure that those who are undertaking that work are safe, and we will continue to ensure, so far as we possibly can, that that is the case.

Gulf of Oman Oil Tanker Attacks

Martin Docherty-Hughes Excerpts

Monday 17th June 2019 Commons Chamber

[Dr Murrison]

My right hon. Friend, who knows a great deal about these things, will know very well that when dealing with Iran we are dealing with a number of moving parts, and sometimes it can be a challenge to know who precisely to address. However, if I were offering candid advice, I would say to Tehran: “The worst thing you can possibly do is to attack ships in the ownership of countries like Norway and Japan—that seems to be highly counterproductive.”

[Martin Docherty-Hughes (West Dunbartonshire) (SNP)]

I, too, congratulate the hon. Member for East Dunbartonshire (Jo Swinson)—the other Dunbartonshire —on gaining this UQ today. I also congratulate the Minister on the tone that he is taking in terms of trying to turn down the heat.

It is clear that the ongoing tension in the Gulf of Oman is of grave concern to the entire House. I doubt, though, that many of us are shocked that we have reached this present position, because the tension between the United States and the Islamic Republic of Iran is founded in a complex history, predating the Islamic Republic at the times of the tyranny of the Shah and the overthrowing of democratic government. We need to be aware that that informs the present situation.

While SNP Members join the Minister in his condemnation, the idea that the Government’s assessment leads to

“responsibility for the attacks almost certainly”

—“almost certainly” being the operative words—lying with Iran gives cause for concern. I therefore hope that the call by the United Nations, as we have heard, for an independent entity to conduct an investigation would be the next step. I hope that the Minister agrees.

As we often hear the Government talk of “global Britain”, will the Minister advise the House on what plans they have to urge a re-engagement to de-escalate the tension between Iran and the United States, and other allies such as Norway, which is a close ally of the UK? May I congratulate him on going to Tehran to have these direct conversations?

[Dr Murrison]

I am grateful to the hon. Gentleman for his question. In terms of what we are doing, talking is important, because if we do not talk, there is a risk of misunderstanding and miscalculation, and nowhere is that more likely than in our dealings with Iran, with whom, I think it is true to say, we have not always enjoyed cordial relations. I would not want to downplay that at all. The fact that I hope to go to Tehran very soon is perhaps, I hope, evidence of our desire to make sure that we maintain a dialogue on these matters with Tehran.

The hon. Gentleman tried to press me on intelligence matters. I am not going to be drawn on that. I think he must understand from what I have said that we are quite clear where the blame for this lies. He calls for an independent investigation. I hope that I made it clear in response to an earlier question that this matter must primarily rest with the ship owners, since the vessels are currently in international waters—or they were. They are now on their way to the United Arab Emirates.

On the earlier attack on the 12th of last month, that is, of course, since it happened within UAE territorial waters, a matter for the UAE. We are assisting, in a small way, in that investigation. I have to say again that our assessment is that the authority that is highly likely to have been involved in causing that earlier incident is the same one that we firmly believe is responsible for the latest outrage.

Russian Annexation of Crimea

Martin Docherty-Hughes Excerpts

Wednesday 24th April 2019 Westminster Hall

[Martin Docherty-Hughes (West Dunbartonshire) (SNP)]

It is good to see you in the Chair, Mr Davies.

It is quite unbelievable that the events in the Maidan, in which hundreds of peaceful protesters were murdered by the Yanukovych regime, happened only five years ago, because the sequence of events that his flight to Russia set in motion have changed so much. As for the justifications for the invasion, the most prominent of which seems to have been the idea that Crimea was somehow being returned to the Russian Federation, it is as if the decision of the Presidium of the Supreme Soviet in 1954 was some sort of bureaucratic error that could be corrected only by the application of blunt military force.

The point was well put by the hon. Member for Henley (John Howell), whom I thank for securing this debate: the invasion had less to do with the rights of Russophone Ukrainians living in Crimea than with the most brutal of geostrategic realities, namely that Russia needs a Black sea port, its “place in the sun”, just as much now as when Her Imperial Majesty the Empress of All the Russias first annexed it for her Empire in 1784. One could equally say that the presence of Ionian colonists in the 7th century BC means that it should be made an outpost of the Hellenic Republic. If it were predicated on the rights and needs of the people who live there, the Russian Government’s record of maltreatment towards those people would not be so prominent, which is a point that was well put by the hon. Member for Henley in his discussion of the Tatars.

The only extremism we have seen in Crimea is the clampdown on ethnic and religious freedoms enjoyed by the residents of what is a multi-ethnic, multi-confessional place. Just as Crimea’s Tatar population has seen persecution, so has the Ukrainian-language community, with the closure of several Ukrainian Orthodox churches, and the arrest of Archbishop Klyment last month, and the persecution of the Ukrainian Greek Catholic Church. This attack on the most basic rights and democracy in Crimea leads me to my last point, and I hope hon. Members will allow me to indulge in a little introspection.

The Russian invasion of Crimea was followed by a referendum that fraudulently stated that 97% of participants had voted to be subsumed into the Russian Federation, although the real number was closer to 55%, and there was open intimidation at polling stations, so many would be forgiven for not taking part. As someone who has campaigned for the independence of my own country all my adult life and saw the independence referendum in Scotland as a final point in a democratic process that should be held up as the gold standard for this type of constitutional referendum, I say that that standard was not even close to being met in Crimea. Colleagues agreed and disagreed with me during the Scottish referendum, but we all agreed on the process. That was not true in the case of Crimea. Furthermore, when my country does become independent, it will not be to the detriment of the rights and lives of my fellow Scots.

I ask the Government of the Russian Federation to have the courage of their convictions. If the principle of self-determination is so important to them, why do they not extend it to their own subjects and allow status referendums inside the Russian Federation? I am sure the Tatars, Bashkirs, Chuvashs, Chechens, Avars, Udmurts, Dargins, Tuvans, Ossetians and Kalmyks, among others, would be delighted to be asked about their participation in the Russian Federation. To begin with, I would settle for Russia returning Crimea to Ukraine and withdrawing its forces and military completely.

I pay tribute to the recent electoral process in Ukraine and I thank the ambassador, who is in the Public Gallery today, for the commendable work that she does across the whole of the United Kingdom of Great Britain and Northern Ireland in promoting peace and democracy within the Ukrainian state.

--- Later in debate ---

[Mr Khalid Mahmood (Birmingham, Perry Barr) (Lab)]

It is a pleasure to serve under your stewardship, Mr Davies. I congratulate the hon. Member for Henley (John Howell) on securing this debate. I commend him for the great interest he has taken in this issue for a long time, and for the depth of experience that he showed in his speech. It was very comprehensive and it enlightened people who have not visited Ukraine or been so aware of the relevant issues.

The hon. Gentleman raised the issue of the non-suspension of Russia from the Council of Europe. How we deal with Russia is important, particularly as it is not currently taking part in the Council. As a former member, I understand that. The Council of Europe occupies a pivotal position in this dispute and in relation to Europe as a whole. In that sense, it is a phenomenally important institution, and its great work must continue.

The hon. Gentleman also referred to the “sham referendum” in Crimea and challenged the official statistics. An issue of concern to us all is the illegal occupation of Crimea and the legislative position that Russia has taken, particularly in giving people Russian nationality. The conscription of the Crimean people into the Russian army is also a significant concern.

The hon. Gentleman mentioned, too, the desecration of religious places, which is really important for us to address. Certainly, Orthodox churches, the Jewish community and mosques have been targeted. As he rightly said, the treatment of the Tatar community, a significant group in Crimea, has been a long-standing issue in the occupation of Crimea. Russia’s treatment of the Tatars, its persecution of the Jewish and Muslim communities and its targeting of Orthodox churches is to be condemned.

My hon. Friend the Member for Penistone and Stocksbridge (Angela Smith) spoke about the military activity in Donbass and praised the election. I, too, welcome the election of Volodymyr Zelensky, who has followed a fairly untraditional route. The right hon. Member for Maldon (Mr Whittingdale) observed the election, and deemed the process to be reasonably good. When the election was suspended in December, I was slightly concerned that it would not go ahead, but Ukraine has shown itself to be a mature democracy. That peaceful election is a positive step forward for it, and electing somebody who was not previously involved in the political process is a phenomenally good thing. The new President will have to look at serious issues, such as corruption and how to move democracy forward.

I was slightly concerned by the comments of the hon. Member for The Wrekin (Mark Pritchard), who said that the President may seek to exchange peace in Donbass for Crimea. It is not our place to direct the thinking of the President of Ukraine or influence how he sees fit to negotiate. No elected Member of any country would seek to give away any part of their territory. On the contrary, Ukraine continues to fight to be reunified with Crimea.

[Martin Docherty-Hughes]

If the hon. Gentleman is not seeking to tell people how we should react to situations, he will need to clarify why he said during the Kerch strait aggression that there needs to be de-escalation on both sides, when there was no fault from the Ukrainian side: the only aggressor was the Russian Federation. Will he clarify whether he believes that the Ukrainian Government were an aggressor, or whether it was just the Russian Federation?

[Mr Mahmood]

I certainly agree that there was no aggression on the part of Ukraine. There has only been aggression by the Russian state in relation to the occupation of Crimea—I say that unconditionally. I was trying to say that it is not our position to guide or interfere in the policies that the President of Ukraine makes in relation to his own country. He was elected in a peaceful, democratic election. I was taking issue with the comments of the hon. Member for The Wrekin. It is important that we look at those issues and resolve them.

My hon. Friend the Member for Bridgend (Mrs Moon), who, I believe, is on her way to Brussels as we speak, made some pointed comments about interference in elections, particularly in relation to cyber and digital aggression against Ukraine. The Digital, Culture, Media and Sport Committee has published a fairly significant report into that, and its Chair has done some significant work on the matter. We continue to be concerned about that issue, and my hon. Friend the Member for West Bromwich East (Tom Watson) continues to take a keen interest in it.

What is happening in the Azov sea is a very serious issue, and we should look at addressing it through sanctions. That is where the Nord Stream 2 pipeline comes into play. We must look not just at Russian participation in the Council of Europe, but at how the Minister can work with Germany, given that a significant trade deal involving gas supplies has been done. There are underlying problems with Nord Stream 2. The initial pipeline that was put in takes money away from Ukraine as a way to punish it, so we must look at how we can support Ukraine. We should use the pipeline as a negotiating tool to try to push this issue forward. That is a serious issue for us to deal with. My hon. Friend the Member for Rhondda (Chris Bryant) made, I think, a reasonably good joke. He made a comparison with Georgia. We must bear that in mind and ensure we stop any further interventions.

Time is running short, and the Minister wants to get in. I ask him to address the issue of the sailors currently being held by the Russians. We must look at how we can influence that situation. The passage to the Azov sea, the bridge that has been built and the Nord Stream 2 pipeline are serious issues. We must try to get influence so that we gain a reasonable negotiating position with Russia to deal with the issue of Crimea. The Magnitsky amendment, which the right hon. Member for Maldon spoke about, is very important. If the Government can push it along, it would go some way to dealing with the situation.

Finally, I pay tribute to the Ukrainian ambassador, who is in the Public Gallery, for the great work that she continues to do. I hope that the recent attack on her car will not hinder our relationship or her great work.

LGBT Rights: Brunei

Martin Docherty-Hughes Excerpts

Wednesday 10th April 2019 Westminster Hall

[The Minister for Asia and the Pacific (Mark Field)]

It is a pleasure to be here. I congratulate the hon. Member for Bristol West (Thangam Debbonaire) on securing this important debate. She is always a passionate advocate for equal rights, and I pay tribute to her commitment on the issue. I am also grateful for the widespread interest and the insights of other hon. Members.

To begin, I think it is worth reiterating what I said in my statement only six days ago. The Government

“oppose the death penalty in all circumstances and in all forms, and we do not believe that amputation or stoning are legitimate or acceptable punishments. Indeed, we consider them to be illegal under international human rights laws relating to torture or cruel, inhumane or degrading treatment.”

We also

“consider it appalling that, in the 21st century, people anywhere are still facing potential persecution and discrimination because of who they are and whom they love.”—[Official Report, 4 April 2019; Vol. 657, c. 1274.]

As a number of hon. Members have pointed out, human rights are universal and should apply equally to everyone.

LGBT people are not asking for special rights; they simply expect to be accorded the same dignity, respect and rights as all other citizens. That is why the UK strongly supports, defends and champions the rights of LGBT people here in the UK and all around the world, and opposes the criminalisation of homosexual relationships worldwide, whether in Brunei or elsewhere. As has been pointed out, there are still some 70 countries worldwide that discriminate against any person based on their sexuality, and we continue to encourage all those countries to repeal their laws. There has been some progress since 2015, with five countries decriminalising homosexual relationships, but we all accept that there is more still to do.

[Martin Docherty-Hughes (West Dunbartonshire) (SNP)]

Will the Minister give way?

[Mark Field]

I will not, if the hon. Gentleman will forgive me, because I want to try to answer as many of the points as I can.

The introduction of the sharia penal code and hudud punishments in Brunei will have an even more discriminatory and intimidating impact on those who are LGBT there. That is something that we cannot accept and that we believe is in contravention of Brunei’s international commitments to respect human rights and individual freedoms. We have expressed our concerns to the Government of Brunei. I personally raised the matter when I was there last summer, because we saw this car crash coming. To be fair, as my hon. Friend the Member for Gloucester (Richard Graham) and others have pointed out, the pure weight of international opinion that has come out over the past week has surprised many within Brunei, and particularly within the court of the Sultan.

The day after the measures came into force on 3 April, my right hon. Friend the Foreign Secretary called Brunei’s Foreign Minister, Dato Erywan, to reiterate our very deep concern. The Foreign Secretary, our high commissioner, Richard Lindsay, and I have heard explanations, first, that common law will continue to be the primary means of administering justice and, secondly, that the burden of proof under the sharia penal code is almost unattainably high—although I take on board the comments by the hon. Member for Bristol West about confessions.

Although those explanations provide a very small degree of reassurance, none of us, of course, accepts that they go anything like far enough. The fact remains that homosexual relationships will be illegal in Brunei, whether under common law or under the sharia penal code. We remain clear that homosexuality should not be illegal anywhere in the world, and that any form of punishment—particularly the abhorrent hudud punishments—is unacceptable.

The UK will remain committed to the principle of non-discrimination on any grounds, including sexual orientation, gender and identity. We are a party to the convention on the elimination of all forms of discrimination against women and a signatory to the UN convention against torture and other cruel, inhuman and degrading treatment or punishment. To answer the hon. Lady, I understand that Brunei plans to expedite its ratification of UNCAT. That is welcome, but what has happened with this code is, of course, directly in opposition to it. I will come to that towards the end of my speech.

As has rightly been said, these are universal issues, but it is worth pointing out the position of British nationals, who are obviously impacted to a large extent. As I assured the House last week, we have taken positive action to inform and support British nationals in Brunei, whether they are visitors, residents or among the garrison. We have updated our travel advice to ensure that British nationals are aware of both the introduction of the sharia penal code and all its potential, albeit unlikely, implications.

On military personnel, I will obviously ensure that this speech is passed on to the Defence Secretary.

[Martin Docherty-Hughes]

rose—

[Mark Field]

I will give way to the hon. Gentleman, as I always do.

[Martin Docherty-Hughes]

I am grateful to the Minister for giving way; he is, as always, very courteous. He will know that British Forces Brunei was agreed on the premise that Brunei was seen as a moderate front against extremist ideology. Is that still the case?

[Mark Field]

Yes, it is, obviously, in counter-terrorism and other areas. The most disappointing thing for me and, I know, for my hon. Friend the Member for Gloucester, who is also a regular in Brunei, is the contrast between what we see on the ground—a peaceful, peace-loving people and a state that runs in a very patrician way, as we might imagine given that only 350,000 people live there—and the idea of hudud punishments and the enactment of a sharia penal code. Those things seem entirely at odds with each other, but we are working with Brunei on the grounds the hon. Gentleman points out.

The garrison is the UK’s only permanent military presence in the Asia-Pacific. I should point out that a vast amount of the expense of the garrison is met by the Sultan of Brunei, who has always been eternally grateful for our intervention in Borneo in 1962. The garrison provides unique influence and insight—not just for us but for Brunei—in a region of growing strategic importance, and enables vital training for UK forces, supporting our deployments and allies. We have ensured that the necessary protections are in place for personnel based in Brunei, but we would look for that to apply more generally.

A number of hon. Members and others outside this place have asked whether the Commonwealth should take action and whether there should be economic or trade boycotts. The FCO’s approach to both is the same: we believe that our concerns are best addressed not through blacklisting or boycotts but through persistent dialogue, as the hon. Member for Leeds North East (Fabian Hamilton) will recognise, and through diplomacy.

Brunei is one of several Commonwealth member states that criminalise homosexual relationships and retain corporal or capital punishments. We will continue relentlessly to try to encourage each of those countries to amend and suspend those forms of punishment. There has been progress, but I accept that many would like to see much quicker progress. In many ways, what is disappointing about this issue in Brunei is that the implementation of such a code is a backward rather than a forward step.

My noble Friend the Minister for the Commonwealth has spoken in detail about this issue to the secretary-general of the Commonwealth, who I understand is presently in contact with the Government of Brunei, expressing the deep concerns raised by the international community over the past 10 days. We stand ready to support any Commonwealth member wanting to reform legislation that discriminates against the LGBT community, women and other parts of society. Significant work is ongoing in a number of states where we hope that there will be progress.

The hon. Member for Bristol West asked me to do my homework from six days ago in relation to article 3 of UNCAT. Under UK law, extradition cannot take place where the death penalty is a possibility, unless a satisfactory assurance has been received that the death penalty will not be imposed or carried out.

Libya

Martin Docherty-Hughes Excerpts

Monday 8th April 2019 Commons Chamber

[Mark Field]

I am sure that the hon. Gentleman will forgive me for saying that that is clearly a matter for the Home Office, rather than the Foreign Office. However, if the humanitarian situation in Libya deteriorates further, clearly the whole Government will have that in mind.

[Martin Docherty-Hughes (West Dunbartonshire) (SNP)]

The Libyan crisis followed a similar crisis in Tunisia, and it is now a compound crisis, given the resignation of President Bouteflika in Algeria. Can the Minister therefore reassure the House that his Department is alive to the situation and to the problems that our Mediterranean neighbours now face with this compound crisis about to unfold on them?

[Mark Field]

We are very much alive to the situation. The hon. Gentleman is absolutely right that the instability in the neighbouring countries of Algeria and Tunisia provides some concern for what might happen. The migrant flows, which we thought were being reduced from their height in 2015 and 2016, may yet increase substantially, so it is something that our European neighbours are well aware of. We recognise that we will all have to play out part in trying to handle that humanitarian misery flow.

Brunei

Martin Docherty-Hughes Excerpts

Thursday 4th April 2019 Commons Chamber

[Mark Field]

I thank my hon. Friend, who knows that area of the world well, for his wise words, to which there is little that I can add. For those who have not visited, Brunei is a beautiful country, and it is a matter of regret for us all that this penal code has come on to the statute book. Because of the high bar for proof and the fact that Brunei has a common law stream in its legal system, I am fairly confident that little will happen in this regard. That is one reason why there has been such surprise in Brunei at the international abhorrence that has been expressed. However, we will do our level best, remembering that Brunei has been a strong friend. We want to encourage it to protect and promote values that I hope will become universal.

[Martin Docherty-Hughes (West Dunbartonshire) (SNP)]

I thank the Minister for early sight of the statement. I also thank him and the shadow Minister for their robust denunciation of the tactics now being taken up by the Sultan—and also, I suppose, in some ways by the Government of Brunei—on sharia law and its implementation on a range of issues, not just LGBT issues. I admit that, as a gay man, it comes as no surprise to me that we live in a world in which people of my identity are still stoned, hanged and murdered because of their having sex with someone of the same gender, along with lesbian women, who are to be whipped.

But this is not just about LGBT issues; there are also the amputation laws, which are directed at children, who could face amputation. We need to be very much aware of that, so I wonder whether the Minister can say something about that. There are also a range of issues around religious freedom in Brunei, or the reduction of it, so I could not stand here and not call for more robust action, in particular through the Commonwealth. The shadow Minister mentioned the Commonwealth, and the fact that we are now at a moment when Commonwealth 2.0 rhetoric is being deployed by many in this place should not be missed either.

We also need to be clear that Brunei is one of 35 states in the Commonwealth where being lesbian, gay, bisexual or transgender is illegal. Indeed, the states that do not criminalise their LGBT citizens are in the profound minority. Given that the Scottish National party’s Westminster group has the largest number of LGBT Members in this place, I am sure that it will come as no surprise that we will be unbending in our support for the fundamental human rights that are enshrined in European institutions—and this country is, at present, a member of the European Union.

Let me make it clear that while many Members may see a return to the days of laissez-faire economics and mercantilism as some sort of liberation, SNP Members will be looking very carefully at the way in which the Government deal with this issue through the institutions of the Commonwealth, with which they claim to have great influence.

Let me ask the Minister some direct questions. Will the Government ensure that they register their strongest objections through the Secretary General of the Commonwealth? Will they consider asking for Brunei’s suspension from the Commonwealth in line with the suspension of Zimbabwe, which was mentioned by the hon. Member for Birmingham, Perry Barr (Mr Mahmood) —not expulsion but suspension, until it gets its act together? Finally, will they protect the rights of members of the armed forces, who, if they are also members of the LGBT community, should not have to go to a place like Brunei and put themselves in direct danger?

[Mark Field]

I thank the hon. Gentleman for his words. Obviously, we will take this matter up with the Secretary General of the Commonwealth. Let me say a little about the broader Commonwealth position on LGBT rights, given the context that we have both discussed: more than half the members of the Commonwealth have, on their statute books, at least, what we regard as discriminatory legislation.

Using UK funding, the Equality & Justice Alliance is working to create a fairer, more equal and more inclusive Commonwealth for the LGBT community and, more widely, for women and girls. The project involves creating a cross-Commonwealth network and high-level champions, and the alliance is offering technical assistance with the reform of laws that discriminate against, or fail to protect, women and girls and LGBT individuals. We will also take action through the Commonwealth Ministerial Action Group. It is currently chaired by Kenya but, as the hon. Gentleman knows, we are members by virtue of our having been the Commonwealth Chair-in-Office since last April. That, I think, will provide a space for some very sensitive discussions, which—I hope—will in turn allow discreet engagement through, for instance, the good offices of the Secretary General.

FOREIGN AFFAIRS COMMITTEE

Martin Docherty-Hughes Excerpts

Thursday 4th April 2019 Westminster Hall

[Tom Tugendhat]

The hon. Gentleman’s record on defending human rights, and particularly the freedom of religion and belief, is second to none in this House, and I am grateful to him for those points. In the inquiry, we restricted ourselves to focusing on the UK, our relationship to China and how we should shape our position. We therefore did not look at the house Churches, the Christian persecutions or the Buddhist persecutions that he speaks of.

We looked at the Uighur element because of the repercussions on the UK of increased radicalisation in Muslim communities. We also recognised the closing down of freedom of expression in Hong Kong, and therefore the intervention in the rule of law, because we have a specific commitment, lodged with the United Nations in the Sino-British treaty, that we are obliged to maintain.

Furthermore, we also inherit some aspects of that rule of law, because we continue to send judges to the court of final appeal in Hong Kong. The undermining of the rule of law in Hong Kong could therefore affect the perception of UK justice here at home. We are focused on how we can influence the UK Government to change their actions in relation to protecting the UK’s interests. That is why we focused, as I said, on the Uighur and the Hong Kong elements in relation to human rights.

[Martin Docherty-Hughes (West Dunbartonshire) (SNP)]

I congratulate the Chair of the Committee, who my hon. Friend the Member for North East Fife (Stephen Gethins) holds in high regard. If the UK Government decide to uphold the UN ruling on the Chagos islands, in respecting the international rules-based system, they risk letting China in and upsetting the delicate balance of power in south Asia and the Indian ocean. If the UK Government do not respect the decision, they undermine the rules-based system, allowing China further to erode and undermine the balance of power in the South China sea with its base construction. Which is it to be?

[Tom Tugendhat]

I am impressed with the ingenuity of the hon. Gentleman in relating the Chagossians to a Foreign Affairs Committee report on China. There is a difference, which I will leave the Minister to explain, with the British Government’s position towards the Chagos islands and the British Indian Ocean Territory. I will not be drawn on that—forgive me.

I will say that the UN law of the sea, which guarantees freedom of navigation in all parts of the world, is an extremely important underpinning of world trade. It is extremely concerning that nations are restricted in transiting through international waters, because that can have severe repercussions on not just our own community and trade but those of very important allies such as India and Japan, which share our interest in free trade. We therefore need to be very supportive of democratic states in the area, whose economic lives will—I hope—be increasingly linked to our own.