Gibraltar

Nigel Evans Excerpts

Thursday 8th January 2015 Commons Chamber

[Mike Gapes (Ilford South) (Lab/Co-op)]

Let me begin where the right hon. Member for Croydon South (Sir Richard Ottaway) ended. We in this country have important relations with Spain in the context of a number of issues. As the Committee itself made clear, Spain is an important European Union and NATO partner, and co-operates with the United Kingdom on a number of our strategic priorities. Some of those are listed in the report, including counter-terrorism and the combating of drug smuggling. There is an economic agenda within the European Union, and a reform agenda. Migration policy is a complex issue, and there are wider international and trade matters. Both the United Kingdom and Spain have historic associations with both north and south America that date from the colonial period, and both countries have a strong interest in the current talks on the transatlantic trade and investment partnership. Beyond that, both countries, as democratic, pluralistic societies, are appalled by terrorism, whether it is carried out in Paris or in countries such as Iraq and Syria.

We have a common agenda in many respects, and for that reason it is really shocking that the present right-wing Spanish Government, run by the Partido Popular, have decided to tear up the co-operation developed from 2004 onwards by the previous Labour Government and the previous socialist Government—run by the Partido Socialista Obrero Español—as well as the Cordoba agreement to which the right hon. Member for Croydon South referred.

We began our Gibraltar inquiry following our decision to conduct an inquiry into United Kingdom consular work, and to visit the consular hub that the Foreign and Commonwealth Office had established in Malaga, in southern Spain. From Malaga, we went to Gibraltar. Our visit to Malaga and our conversations with British people living and working in Spain—about 1 million people live there happily—showed us that Spanish people are hospitable, kind, friendly and supportive. Many Spanish people in the local authority that we visited were assisting British citizens who were resident in Spain.

Meanwhile, in the past two or three years an increasing number of Spanish people—predominantly young people—have come to work in London and other parts of the United Kingdom, including cities, because of the economic difficulties in Spain. There is two-way traffic. There are families consisting of children born in one country and parents from the two countries. There is a mixture consisting of many people with connections between the United Kingdom and Spain, including some senior political figures in our Government.

[Mr Nigel Evans (Ribble Valley) (Con)]

Does the hon. Gentleman agree that a huge number of Spanish people work in Gibraltar and get on very well with Gibraltarian people, and that we should respect that?

[Mike Gapes]

The hon. Gentleman pre-empts my next point.

It became apparent to me during the inquiry—the Committee Chairman touched on this—that there are 8,000 or 9,000 people who every day travel from Spain into Gibraltar to work, so a very large number of Spanish citizens depend on the Gibraltarian economy for their employment and prosperity. Why, then, are the Spanish Government behaving in such a stupid way by stopping those workers either travelling to work or coming home because they face queues and delays of two, three or four hours in getting across the border in their vehicles or, sometimes, on foot? This is an ideologically driven agenda designed by people in Madrid who clearly do not care about the livelihoods of the members of the trade unions I met here in the House of Commons who had come from the south of Spain to talk to British MPs about the difficulties they face. They were hosted by Unite, which has associations with workers both in Gibraltar and internationally in Spain.

A clue is provided by the politics of Andalucia and the south of Spain: they generally vote for the left, whereas the Government in Madrid are dominated by the right. Sadly, therefore, since the change in 2011 the Madrid Government have shown contempt for their own citizens and their economic interests by behaving in a vindictive way against Gibraltar and at the same time damaging the interests of Spanish people and workers.

The British Government should be doing more to highlight the situation, as should international organisations such as the International Labour Organisation and those that look at issues to do with human rights and free movement.

Why has this issue come up at this moment in time? In Spain—and, indeed, elsewhere—there has been a rise of populist opposition against the incumbent Government. The governing party might believe it can pander to those opponents by raising the nationalist card over Gibraltar and thereby diverting attention from the country’s internal economic problems. I do not think that is going to work in the long term, but we shall see, because Spain, like the UK, is supposed to have an election this year. I do not think the governing parties in either country will get the results they want, but I do not want to get diverted into domestic politics.

Our Government must be more robust on this matter internationally. We have seen in a number of international forums that when the British Government are determined, they can make a real difference, but we have not been strong enough or vocal enough on the issue of Gibraltar. There is clearly international support for the UK position in many countries, but we are not doing enough to build that support, whereas Spain is working very hard internationally in its own interests.

A resolution tabled in the US Congress last year referred to the rights of self-determination of the people of Gibraltar. It is clear from a letter that has only just become public that, from September, the Spanish ambassador to the United States lobbied extremely hard against it, using all kinds of implied threats about the consequences, to try to stop that bipartisan resolution being carried in the US House of Representatives.

Internationally, it is clear that the present Spanish Government, unlike their predecessors, are not interested in coming to a modus vivendi on these issues. The previous Spanish Government did not accept, and would never accept, that there was any question of British sovereignty of Gibraltar, but they accepted the reality that there was an agreement to differ and that they should therefore deal with the practical issues and leave the other issues to one side. That is how the improvements from 2004 onwards were achieved and sustained. The ideological approach of the current Spanish Government, however, seems to put a nationalist agenda before the interests of their own people, and ahead of co-operation with the UK and the interests of the people of Gibraltar.

Our report has highlighted an important issue. Apparently the situation has improved since we published it, with a reduction in the number and intensity of obstructions to people travelling into and out of Gibraltar, but that can be switched on or off at any time, as we saw when we visited. When we drove into Gibraltar, there was no queue. We went to our hotel and within an hour we had a call saying that suddenly there was a massive backlog at the border because the Spanish police were imposing restrictions and searching all vehicles. There was a big queue and the car park was full in the space of only about 40 minutes to an hour. This is politically motivated and it is being run by special paramilitary police from Madrid, not the local police. It is all part of a special, politically designed operation.

The truth needs to be told. We need to get this agenda out: there are people in Spain who have an agenda based on an ideological approach that damages the working of the EU—it damages the possibility of agreements within the EU being arrived at in a timely manner—as well as the interests of the Spanish people and the democratic, self-determination interests of the people of Gibraltar. I hope the Government will heed what is said in this debate and be more forceful and vocal on these matters in future.

--- Later in debate ---

[Andrew Rosindell (Romford) (Con)]

I am delighted that we are debating the report today. I commend my right hon. Friend the Member for Croydon South (Sir Richard Ottaway). The debate would not be taking place today had it not been for his casting vote on the Committee to make sure that we have the report. It is right that we should address the multitude of issues that Gibraltar has faced over many years.

However, it is wrong that we as a Foreign Affairs Committee debate and discuss issues relating to a British territory. The Committee deals with the middle east, Europe and our relations with the United States and the wider world. There is only limited time to deal with matters relating to overseas territories that are sovereign British territories, are ultimately governed by this House and are subject to British law. A new arrangement is needed so that overseas territories issues are fast-tracked. There should be a way of dealing with those issues much more quickly to ensure that overseas territories that rely on the British Government to make decisions for them and to help them deal with important matters such as those that we are debating today are able to bring them to a Committee of the House, without having to wait a long time for a Select Committee to happen to look into the matter.

The hon. Member for Ilford South (Mike Gapes) said that the report on Gibraltar arose from a report we were doing on consular services. Had we not done that report and had we not gone to Malaga, I do not think we would ever have gone to Gibraltar to look into this serious issue. There must in future be a better way of dealing with issues relating to overseas territories; otherwise they will be overlooked and a serious debate such as we are having today will never take place.

As is evident from the speeches that we have heard, we are all proud of the special constitutional relationship Gibraltar has with the United Kingdom as a British overseas territory. Gibraltar is British. It has been British for over 300 years and I believe it will always remain British, not because we have decided that but because the people of the Rock have chosen that destiny. They have made their choice over and over again. The sad thing is that our Foreign Office—or our Foreign and Commonwealth Office, as it should be called—has never treated Gibraltar as equally British. It has always treated it like something down the road, to be looked at. We are always worried about upsetting Madrid, always worried about what Spain will say if we do anything on Gibraltar.

Having spoken on the subject for nearly 14 years in the Chamber, I am heartily fed up with the failure of the Foreign Office to acknowledge that Gibraltar should be defended in the same way as we would defend our own constituents. It is time that the Minister and the Foreign Office changed their approach not only to Gibraltar but to British overseas territories in general.

[Mr Nigel Evans]

I am sure my hon. Friend, like me, has had the opportunity to visit Gibraltar on its national day, when everybody turns out and says that they are proud to be from Gibraltar and proud to be British. If our own Minister has not had an opportunity to do so, would it not be a good idea if he visited Gibraltar on national day and joined in the celebrations of being British and being Gibraltarian?

[Andrew Rosindell]

My hon. Friend is right. I have been privileged to go to Gibraltar national day on many occasions over the years. It is impossible to find people who are prouder of their British nationality and more determined to retain that nationality, but who feel, as we do, part of the great British family, yet continually have to justify their desire to stay British. Gibraltar is not treated as equally British, as we would expect our constituencies to be treated if ever they were under threat or if ever they were attacked by a foreign power. We need a new arrangement to give our overseas territories, particularly Gibraltar and the Falkland Islands, which have a similar problem, the right to be heard in this House, via a Select Committee or by some other means.

My hon. Friend the Member for Ribble Valley (Mr Evans) referred to Gibraltar national day. I would like to commend our Prime Minister, who the year before last became the first to send a televised message for national day, which was shown in Casemates square in Gibraltar. However, it is time that he, or even the Minister, visited Gibraltar for national day. Furthermore, it is time that there was a royal visit to Gibraltar, as my hon. Friend the Member for Filton and Bradley Stoke (Jack Lopresti) said. It is more than 60 years since Her Majesty the Queen visited Gibraltar. There has not been a visit by the Queen of Gibraltar in over 60 years. I think that is completely unacceptable. I have raised the matter with the Minister many times but have never got an answer from anyone in the Government.

I am delighted to hear that the Queen is to make a state visit to Germany later this year. Gibraltar is not much further away, and I have no doubt that the Government of Gibraltar would extend a very warm invitation to Her Majesty, so I ask our Government, in the last few months of this Parliament, to clear any block there might be to a royal visit. Please allow the Queen of Gibraltar the opportunity to visit her people on the Rock. There could be no clearer signal that we are utterly committed to Gibraltar and determined to support it and give it the full recognition it deserves as a loyal territory of the Crown.

So much has been said today about the problems with the borders, the maritime disputes, the European Union’s failure properly to address the issues we are debating and the negligence of the Foreign Office. I am pleased that Members of Parliament now understand the situation better than they did 14 years ago. When I was first elected, many barely even knew what Gibraltar was. Now Members on both sides of the House understand that a British overseas territory is British and that we have a duty to look after and defend its people. Dreadful mistakes were made in 2001 and 2002, when the previous Government attempted to impose a joint sovereignty deal with Madrid. I do not think that any political party in this country would make such a horrendous mistake again. That is a good thing, because it means a lesson has been learnt.

However, we cannot move forward unless the Foreign and Commonwealth Office changes its approach root and branch. We must stop appeasing Madrid and being afraid of upsetting the Spanish Government in case they might not co-operate with us on the many areas that the hon. Member for Ilford South referred to. We want to co-operate, but there cannot be good relations with the kingdom of Spain as long as it bullies British subjects living close to its land. We must give Spain the message loud and clear that its attitude to Gibraltar is unacceptable to the British Parliament and to the British people. Only the Foreign Office has the authority to make those kinds of decisions in order to show Spain that its actions have consequences. For as long as Spain continues to behave in this fashion, there will be consequences. Relations between the United Kingdom and Spain will never be warm as long as it continues to bully the people of the Rock. We need a complete shake-up in Government policy. We require a more robust stance in dealing with the issues to which I and other hon. Members have referred today.

There is one other thing that we must do. It is, in my view, completely unacceptable that the only countries and territories within the Commonwealth that are continually denied the right to lay a wreath on Remembrance Sunday are the British overseas territories. It is inexcusable that no one from Gibraltar, the Falkland Islands or any other British territory is invited to lay a wreath. We know what the argument is going to be—that the Foreign Secretary does it on behalf of the overseas territories. Well, I have news for the Minister: the Foreign Secretary was not elected by the citizens of the overseas territories; he is the British Foreign Secretary elected by the British people. The people of Gibraltar have not chosen the Foreign Secretary to lay a wreath on their behalf. Gibraltar has sent soldiers to fight and die for king, queen and country over hundreds of years, and so have the other overseas territories. If they send soldiers to fight, they should be allowed to lay a wreath on behalf of those who have lost their lives. It is inexcusable. I have heard every excuse about the palace objecting, the Foreign Secretary not having a role any more, and so on. It is all nonsense; we all know the truth. It is time that the overseas territories were given this right.

I have here a letter to the Prime Minister from the chairman of the United Kingdom Overseas Territories Association, Albert Poggio GMH OBE, who, as we all know, is the excellent head of the Gibraltar Government office here in London. Let me quote some of his words:

“Countless numbers of persons from Gibraltar and the other Overseas Territories made the supreme sacrifice in the service of the Crown and the United Kingdom in all the Wars of the 20th Century, as well as in the more recent conflicts of the 21st Century. For the Representatives of their Governments to be excluded from the Remembrance Service is, to be frank, offensive and perverse…We believe that it is now time that each of the Overseas Territories had a wreath laid by each of the Territories’ UK Representatives, on the same basis and immediately following those wreaths laid by the Commonwealth High Commissioners.”

Who can argue with that point of view?

We must raise this issue and bring it to a head before the general election. I call on the Prime Minister to intervene personally and once and for all, for ever more, give the British overseas territories the right to lay a wreath on Remembrance Sunday, just as we have this year allowed the Irish Government—the Irish ambassador —to lay a wreath in recognition of the sacrifices that Irish citizens made in the first world war and in other conflicts. This matter is overdue for resolution. I urge the Minister to take it away and resolve it before Parliament is dissolved at the end of March.

We could speak about this issue for far longer than we have time for in this debate. I feel deeply passionate about Gibraltar and wholeheartedly endorse all the comments made by my right hon. and hon. Friends. The time has come to stop appeasing Madrid, to stop pussy-footing over this issue, and to show the people of Gibraltar that we are truly on their side. People have died throughout the centuries to defend British freedom, British democracy and British territories. By being so weak over Gibraltar, as we are at the moment, we are betraying all those people who have defended British freedom over all those centuries. It is time for this Government to show real action and to defend Gibraltar as it deserves to be defended: as a British territory—a territory of the Crown—that should always be British. We have a duty to stand by it.

Oral Answers to Questions

Nigel Evans Excerpts

Tuesday 4th March 2014 Commons Chamber

[Mark Simmonds]

I understand the point the hon. Gentleman makes, but he needs to recognise that the elections were held in accordance with the Bangladesh constitution. I understand that voters in more than half the constituencies did not have the opportunity to express their will at the ballot box, but the final result of elections in Bangladesh is ultimately a matter for the Bangladeshi people to judge. The United Kingdom will continue to provide support through updating electoral registers and training polling officials.

[Mr Nigel Evans (Ribble Valley) (Ind)]

In February 2011, I was on an Inter-Parliamentary Union delegation to Georgia. We went to the border with South Ossetia where, through binoculars, we saw Russian troops and the Russian flag displayed. The Russians had invaded in 2008 and they remain there today. Anyone who believes that doing nothing will remove the Russian troops from Crimea should look at history; it will actually do the reverse.

[Mr Hague]

Of course I will come on to these issues in a minute, in my statement. My hon. Friend is quite right to point to what has happened in Abkhazia, South Ossetia and, indeed, Transnistria, where Russian troops remain stationed on a permanent or long-term basis. There is every indication that the intentions for Crimea are the same.

Oral Answers to Questions

Nigel Evans Excerpts

Tuesday 3rd December 2013 Commons Chamber

[Mr Lidington]

I am happy to repeat those commendations. Of course, there is not only financial waste; an unnecessary amount of carbon is emitted as the Members, their staff and the accompanying luggage are transported from one place to another.

[Mr Nigel Evans (Ribble Valley) (Ind)]

2. What recent steps his Department has taken to promote trade and investment opportunities for British firms operating in Africa.

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

Boosting trade and investment is one of the Foreign and Commonwealth Office’s major priorities in Africa. We have strengthened commercial teams throughout the region. Last month I launched high-level prosperity partnerships with Angola, Côte d’Ivoire, Ghana, Mozambique and Tanzania. That combines expertise from the Department for International Development, UK Trade & Investment, the FCO and the private sector to create a paradigm shift in the UK’s trade relationship with those five countries.

[Mr Evans]

Does the Minister agree that with growth rates of up to 8%, a population of 1 billion and a combined GDP of around $2 trillion, and with sub-Saharan Africa being the second-fastest growing region in the world, trade is an effective alternative to aid and strengthens diplomatic ties?

[Mark Simmonds]

My hon. Friend is absolutely right. Six of the world’s top-10 fastest growing economies are in sub-Saharan Africa. Certainly, among the main focuses of African Governments are economic development and growth, wealth and job creation. They are becoming more determined to stimulate economic growth as a major focus in alleviating poverty. We need to ensure that, in addition to building trade and investment co-operation we assist in building Government capacity and ensure that UK businesses are aware of the significant opportunities that exist in sub-Saharan Africa.

Diplomatic Relations (Spain)

Nigel Evans Excerpts

Wednesday 27th November 2013 Commons Chamber

[Mr Nigel Evans (Ribble Valley) (Ind)]

(Urgent Question): To ask the Secretary of State for Foreign and Commonwealth Affairs if he will make a statement on diplomatic relations between the United Kingdom and Spain in the light of recent escalating events concerning Gibraltar, most recently the searching of a diplomatic bag as it was leaving the Rock.

[The Minister for Europe (Mr David Lidington)]

On Friday 22 November, two British Government bags containing official correspondence and communications, and clearly marked as such, were opened by Spanish officials while the bags were in transit. That represents a serious interference with the official correspondence and property of Her Majesty’s Government, and therefore a breach of the principles underlying the Vienna convention on diplomatic relations, and the principle of state immunity. We take any infringement of those principles very seriously.

Following reports of the incident, the Foreign and Commonwealth Office made representations to the Spanish Ministry of Foreign Affairs and Co-operation at senior level over the weekend of 23 and 24 November, and the British Embassy in Madrid submitted a formal written protest to the Ministry on Monday 25 November. In our protests we requested an urgent explanation of the incident from the Spanish Government, and sought assurances that there will be no further interference with the UK’s official correspondence. The unauthorised opening of UK official communications, including diplomatic bags, is a matter of grave concern and we made that clear to the Spanish Government. If the Spanish authorities had concerns about the contents of our bags, internationally accepted practice would require them to contact the British authorities.

We have now received an explanation from the Spanish Government and been assured that we will not see a repeat of those actions. As the Spanish authorities know, overriding international principles provide for both state immunity and the freedom of official communication between a state and its representatives. Tampering with the bags was a breach of the principles embodied in the Vienna convention on diplomatic relations. The UK strictly adheres to those principles, and expects other states to do the same.

We are maintaining strong pressure on the Spanish Government to de-escalate current tensions and work with us to manage our differences through diplomatic and political routes. A major escalation could harm all parties, not least the many thousands of Spanish families who benefit, directly or indirectly, from the economic prosperity of Gibraltar. The UK wants to maintain a strong bilateral relationship with Spain across a range of policy areas, and such a relationship benefits the interests of this country, Gibraltar and Spain alike. We have reiterated to the Spanish Government the Foreign Secretary’s proposal of April 2012 for ad hoc talks involving all relevant parties, and there have been constructive discussions with the Spanish about these proposals.

[Mr Evans]

I am grateful to the Minister of State for that response. As he said, the serious incident last Friday goes against the 1961 Vienna convention on diplomatic relations. Official correspondence and diplomatic bags should simply not be tampered with. Last time anything such as this happened was 13 years ago with the Zimbabwean regime of Robert Mugabe—not the best company to be associated with. This is the first time that an EU state or NATO ally has opened a UK diplomatic bag, violating the 1961 Vienna convention. That enormously serious breach comes on top of tedious and spiteful delays at the Gibraltar-Spanish border, and the incursion of a Spanish vessel into waters off Gibraltar. The deterioration of relations between the United Kingdom, Gibraltar and Spain serves nobody well.

The Spanish ambassador was summoned to the Foreign Office last week but clearly that has not had the desired effect. Nobody wants a further escalation of events or further deterioration in relations, but at the same time Spain must be made to know that its actions are intolerable, unwarranted, and will be met with an appropriate response, defending the rights of the people of Gibraltar and respecting international conventions. What actions will Her Majesty’s Government take to ensure that once and for all Spain gets the message? Hands off the Rock!

[Mr Lidington]

I think the Spanish authorities are in no doubt about the Government’s resolve and, I believe, the resolve of the House as a whole that there should be no transfer of the sovereignty of Gibraltar to any other country, unless that were freely consented to by the people of Gibraltar. I reiterate that we will not engage in any process of talks or negotiations about sovereignty with which Gibraltar is not content. I hope that that reiteration will be some assurance to my hon. Friend.

European Union (Referendum) Bill

Nigel Evans Excerpts

Friday 22nd November 2013 Commons Chamber

[Mr Thomas]

My hon. Friend makes a good point on the case for amendment 70 and the real motivations behind the Conservative campaign to get us out of Europe.

My right hon. Friend the shadow Foreign Secretary said on Second Reading:

“Any judgment about an in-out referendum on the UK’s membership of the European Union has to be based on what is in the national interest.”—[Official Report, 5 July 2013; Vol. 565, c. 1180.]

A formal consultation with the organisations listed in new schedule 2 could certainly help the whole House, and Conservative Members in particular, reach a more rounded consideration of the circumstances in which a referendum would be in the national interest. It is far from clear that on matters European the Conservatives are able to reach a rational judgment on what is in the national interest, so consultation with a range of organisations beyond the 1922 committee may help us all.

We have heard from some Conservative Members about their dislike of the idea that business should be consulted formally. That is extraordinary: Conservatives turning away from business voices in this debate. Perhaps it is because one part of the business community, TheCityUK, last month published research into the views and mindset of captains of the financial services industry on the issues we are discussing in these amendments. It revealed that over 40% of those surveyed agreed that the prospect of a referendum on the UK’s membership of the European Union in 2017 has created an uncertainty that is affecting decisions in their business. Over a third said that it was likely that their firm would relocate at least some of its headcount from the UK to a location within the single market if Britain left the European Union. That is just one part of the business community.

[Mr Nigel Evans (Ribble Valley) (Ind)]

Will the hon. Gentleman give way?

[Mr Thomas]

I am not going to give way.

That is just one part of a critical national interest that should be consulted on whether a referendum should be held and, if so, when, underlining the risk the Prime Minister is creating of British jobs being lost to France, Germany or some other country in the single market as a result of his wanting to sleepwalk out of the European Union.

[Mr Evans]

rose—

[Mr Thomas]

I have given way to Government Members a number of times and I want to conclude my remarks.

My hon. Friend’s amendment lists a whole series of sensible organisations that have a view on the arrangements for the referendum. He has excluded one group, but his catch-all line on other bodies that the Secretary of State might see fit to consult would perhaps allow for ex-Prime Ministers. Both recent Labour Prime Ministers could offer sound advice to the Conservative party on Europe, and it would appear that the most recent previous Conservative Prime Minister could offer it sound advice too.

My hon. Friend’s amendment ought not to have been even remotely necessary. I welcome the fact that he tabled it and look forward to his winding up the debate, but I say gently to the Minister for Europe that he really needs to give this House some clarity soon about what powers and competences the Prime Minister wants to bring back to the UK as a result of the treaty change he believes is coming.

Commonwealth Heads of Government Meeting

Nigel Evans Excerpts

Wednesday 6th November 2013 Westminster Hall

[Mr Nigel Evans (Ribble Valley) (Ind)]

It is a delight, Mr Amess, to serve under your chairmanship. It is the first time in three years that I have spoken in Westminster Hall.

I want to talk about one aspect of the Commonwealth Heads of Government meeting that is taking place this month, as opposed to citing all the aspects. I am listening with great interest to what other Members have said, and that will become apparent at the end of my speech. At the CHOGM, people will rightly talk about poverty alleviation, education, access to water and drugs, and meeting the millennium development goals, but one subject that does not get much attention is lesbian, gay, bisexual and transgender rights. In parts, the Commonwealth is failing on that.

Within the Commonwealth, 40 countries still criminalise aspects of LGBT life. Of those 40 countries, 14 are in Africa, eight in Asia, seven in Oceania and 11 in the Americas. One of them is Pakistan, where consensual same-sex relations carry a maximum penalty of death. Just think of that for a second: death. Alongside that, Bangladesh, Barbados, Guyana, Singapore and Uganda all have a maximum sentence of life imprisonment for consensual same-sex relations. That is in stark contrast to some Commonwealth countries that have made great strides. South Africa is one of them. Same-sex marriage was allowed there in 2006, which was well ahead of the United Kingdom, where same-sex marriage was allowed this year. Earlier this year, I watched footage of the New Zealand Parliament passing similar legislation. I had a tear in my eye when I saw people in the public gallery singing after that legislation was passed. That is in stark contrast to what is happening in many other Commonwealth countries. The final communiqué from the CHOGM of 2011 does not overtly refer to LGBT rights at all. One part urges members to consider becoming party to all major international human rights instruments, and to implement fully the rights and freedoms set out in the universal declaration on the human genome and human rights and so on. If we scratch the surface of that, we all know what that means. We also know that if there had been an attempt to put LGBT rights overtly in the communiqué in 2011, there would not have been a communiqué. We all know how it works; we have all been in international forums in which we have had to agree communiqués. I hope that the opportunity will be taken in 2013 to be far more overt about the progress that can be made in Sri Lanka.

One Commonwealth member state that is home to some of the strictest laws on same-sex relations is Uganda. Section 145 of the Penal Code Act 1950 is “Unnatural offences”, which states:

“Any person who has carnal knowledge of any person against the order of nature…or permits a male person to have carnal knowledge of him or her against the order of nature, commits an offence and is liable to imprisonment for life.”

I went to Uganda a couple of years ago with an Inter-Parliamentary Union delegation. We went to see the Speaker of the Uganda Parliament, and we spoke to her about a private Member’s Bill that would make the law even harsher. It was clear to us that we were making absolutely no progress. We were an all-party delegation and she finished by telling us, “Don’t tell us how to run our country.” We were given short shrift.

The Prime Minister spoke about the maltreatment of those who practise same-sex relations after the 2011 CHOGM. There was a failure to reach an agreement among the leaders at that summit. The Prime Minister threatened to dock some UK aid to nations that have discriminatory laws against those practising same-sex relations. It would be a mistake to punish the people of those countries for what their Governments are doing, but we need to look at how we can influence those Governments far better.

[Mr Bellingham]

Obviously one way of making that challenge is to withdraw direct budget support, which would mean that non-governmental organisations, other organisations and the people on the ground would not be affected.

[Mr David Amess (in the Chair)]

Order. Nine Members still wish to speak. We want to hear from Mr Spellar and the Minister, so I appeal to colleagues to be brief with their remarks.

[Mr Evans]

Thank you, Mr Amess. I will take your comment on board. We must look at the action the Government can take to influence Commonwealth countries while not penalising their people.

The Kaleidoscope Trust, a UK-based trust working to uphold the rights of LGBT people internationally, received reliable reports that LGBT activists in Sri Lanka had been threatened with arrest, and organisations had been warned that they could be closed down if they continued to advocate human rights for all. That is particularly poignant, given that Sri Lanka is hosting the Commonwealth Heads of Government meeting this month.

I will finish with two quotes I have been given by two friends. One is from Ben Summerskill of Stonewall. I spoke to him earlier today, and he said,

“There needs to be a commitment to decriminalise homosexuality throughout the Commonwealth. There is a shadow that is cast over the Commonwealth and its relevance in the 21st century unless it can make giant strides towards the elimination of this most hideous of discriminations.”

Matthew Todd of Attitude magazine said,

“In 2013, homosexual relations are still criminalised in the majority of nations of the Commonwealth. This is an unacceptable situation, which sees millions of people suffer hugely diminished lives and, in some cases, lives that are destroyed altogether. It is imperative that the Commonwealth supports and campaigns for the basic human rights of all its citizens, including those who are lesbian, gay, bisexual or transgender.”

I agree with both those comments.

The CHOGM in November 2013 has the opportunity to do what Ben Summerskill and Matthew Todd describe. Our Government must not miss this vital opportunity to speak up for a group of people who are denied their human rights by their Government. As the Prime Minister indicated in relation to the CHOGM 2011, it will take a journey for some Commonwealth countries to make progress on this issue. Well, the CHOGM 2013 in Sri Lanka is the time to start that journey, and we should start with the human rights that are denied to people who live in Sri Lanka.

[Several hon. Members]

rose—

Death Penalty (India)

Nigel Evans Excerpts

Thursday 28th February 2013 Commons Chamber

[Several hon. Members]

rose—

[Mr Deputy Speaker (Mr Nigel Evans)]

As hon. Members can see, 10 Members wish to take part, plus the Front Benchers. We will move on to the next business no later than half-past 2, so I ask for some self-restraint on time, and if that is not forthcoming a time limit will be imposed.

European Union (Approvals) Bill

Nigel Evans Excerpts

Monday 11th February 2013 Commons Chamber

[Mr Christopher Chope (Christchurch) (Con)]

I beg to move amendment 1, page 1, line 4, leave out ‘decisions’ and insert ‘decision’.

[The First Deputy Chairman of Ways and Means (Mr Nigel Evans)]

With this it will be convenient to discuss the following:

Amendment 2, page 1, line 5, leave out ‘are’ and insert ‘is’.

Amendment 3, page 1, line 8, leave out paragraph (b).

[Mr Chope]

It is a pleasure to move amendment 1, and to consider amendments 2 and 3 with it. As hon. Members who are following the Bill closely will realise, the substance of the amendments lies in amendment 3, which proposes to leave out paragraph (b) of clause 1(2). That would have the effect of making the Bill apply only to subsections (1) and (2)(a). It would no longer include any reference to

“the draft decision to establish a Multiannual Framework for the European Union Agency for Fundamental Rights for 2013-2017 (document number 10449/12).”

On Second Reading, the Minister expressed the view that we would be able to go into the issue of the European Union Agency for Fundamental Rights in more detail in Committee, and the amendment gives us the opportunity to do just that. I want to reassert the concern that I expressed last week on Second Reading that, although this Government and this country were always against having such an agency, we are tremendously relaxed about extending its budget and its range of activities now that it has been established. There must come a time when we say to the European Union, “Enough is enough. You have gone too far already and we want to rein back the range of activities of the Agency for Fundamental Rights in the coming five-year period.” I hope that the Minister will be able to give us some words of encouragement on the action that our Government are taking to rein back the activities of the agency and, in particular, to prevent it from encroaching on the competences and activities of the Council of Europe, which covers 47 member countries, including the 27 members of the European Union.

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[Mr Chope]

I beg to move amendment 4, page 1, line 18, at end insert

‘subject to a condition that the staff and resources available to members of the European Commission shall not be increased but redistributed for any number of EU Commissioners in excess of 27.’.

[The First Deputy Chairman of Ways and Means (Mr Nigel Evans)]

With this it will be convenient to discuss clause 2 stand part.

[Mr Chope]

The background to this, as right hon. and hon. Members will know, is that a reduction in the number of EU Commissioners was proposed, but the Irish—among others—said that that would potentially be very unfair on them. They wanted to be guaranteed the right to have a Commissioner and, as part of the compromise deal that was done to try to win the support of the Irish people in a referendum, the concession was made. They were told, “Don’t worry, every country can have an EU Commissioner.” We are now being asked to give approval to the decision relating to the number of EU Commissioners.

Europe

Nigel Evans Excerpts

Wednesday 30th January 2013 Commons Chamber

[Ian Murray (Edinburgh South) (Lab)]

It is a pleasure to follow the hon. Member for Cheltenham (Martin Horwood). Given the events of the past 24 hours, I am surprised that he is still sitting across the Chamber from us and that he has not joined us on the Opposition Benches, especially in the light of the speech that he has just made.

Is it not strange that on this, the 1,000th day of the coalition Government, we should find ourselves in the Chamber discussing the Conservative party’s favourite obsession: Europe? That is a surprise indeed. As the economy hurtles towards a triple-dip recession, the Prime Minister and the Government have decided to create economic uncertainty that could damage any recovery and the long-term prospects for economic stability by adopting a policy that is designed to fix the Conservative party rather than this country’s economy.

It is the job of any Prime Minister to stand up for the national interest. Indeed, that has been the motto of this coalition since 2010, but the Prime Minister has compromised the national interest by responding to the increasing Euroscepticism of his Back Benchers. We have a Prime Minister who simply cannot reconcile the demands of his party with the demands of his country. Let us look at the potential consequences.

The EU brings the UK a considerable amount of investment, but that could be put at risk. Some estimates put the number of UK jobs reliant on the EU at 3 million. Those jobs could be put at risk. The EU remains our single biggest trading partner and represents a de facto domestic market of 500 million people. That market could be put at risk. At a time when economic recovery seems like a distant goal, that creates uncertainty for business, which could put any economic recovery at further risk. Businesses large and small are already warning about the potential dangers to investment. We have heard many such voices being quoted in the Chamber this afternoon. The head of the CBI has said that the promise of a referendum

“builds in a degree of uncertainty and business never welcomes uncertainty.”

The problem is that the Prime Minister wants to renegotiate with Europe, but he has no strategy and no thoughts on what he wants to renegotiate. How can he renegotiate anything when there is confusion over his own position? He has talked about the repatriation of powers since he became Prime Minister, but he has yet to tell the House and the country which powers he wants to repatriate. Many Government Members have been challenged to give us some examples this afternoon, but they have failed to do so. Does the Prime Minister’s shopping list include the progressive policies of the social chapter? Does it include the right to four weeks’ holiday for British workers, the right to parental leave and extended maternity leave or the right to request flexible working? Does it include protection for part-time workers, the working time directive, the TUPE regulations or collective redundancy provisions?

There is an obvious distinction between repatriation and repeal. The British people deserve to know not just the list of powers the Prime Minister wishes to repatriate but what the Government would do with those repatriated powers. We have already seen the Beecroft report on workers’ rights, which would take this country back to Victorian times. Would the Government repatriate and repeal? Would they just repatriate? Or would they even repatriate and improve? Those key questions need to be answered.

My hon. Friend the Member for Ogmore (Huw Irranca-Davies) was absolutely right to say that, whether we are in Europe or out of it, British business will still have to conform to EU directives to be able to trade. That is a critical point, but I think that the Government have missed it. If the Prime Minister has a menu for repatriation, how many or how few items on it will have to be met before being satisfied that he will go for an in/out referendum?

It would be remiss to talk of the EU in this Chamber without mentioning Scotland. It will not surprise the House to hear that the Scottish Government’s response to the Prime Minister’s speech was confusing at best. The Deputy First Minister wrote to the Foreign Ministers of the EU and said that Scotland had no intention of leaving it and that Scotland, after a successful independence vote, would continue to be a constructive member of the EU. That was despite the Irish Foreign Minister and the President of the European Commission stating that Scotland would have to reapply and that it could be a lengthy process with conditions attached.

Even more astonishingly, the Scottish Government responded to the Prime Minister’s speech by declaring that a referendum on the EU would create uncertainty for Scottish business—despite the referendum due to take place in 2014 being four years in the making. We could be in a position whereby, come 2014, Scotland is not just not in the UK, but not in the EU.

In the past two and a half years, the Government have never said anything positive about the EU. We know that the Prime Minister does not want a referendum, as he voted with us in the House only a few months ago. Back in June last year, he posed the question whether he wanted to stop the bus and get off, and he answered no. One thing is for sure: the Prime Minister can do none of this while he is away from the EU decision-making table and locked out of the room in a sulk. He should be at the table, thumping his fists on it and using this country’s considerable influence to make the patriotic case, founded on the national interest, for a flexible Europe that can stimulate economic growth, respect national sovereignty and change better to reflect current circumstances. Europe cannot be changed from an isolated position.

In his speech, the Prime Minister referred to

“a tantric approach to policy-making”.

In reality, this is not a tantric approach, but complete impotence. Having been bounced by his party on Europe and bounced by the Liberal Democrats on boundaries, we could be talking about the one-term Prime Minister who broke up the UK, took Britain out of the EU and inherited a growing economy, only to take it three times back into recession.

My constituents are concerned about the real issues of the economy, jobs, the cost of living, protecting those who are most in need and getting young people and graduates into work, but their Governments on both sides of the border are putting their future prosperity in further—

[Mr Deputy Speaker (Mr Nigel Evans)]

Order.

--- Later in debate ---

[Several hon. Members]

rose—

[Mr Deputy Speaker (Mr Nigel Evans)]

Mr Cash, you can do many things, but you could not have given Mr Walter another minute even if you had wanted.

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[Damian Collins]

We are not in a position where we can say that Britain will be outside the European Union, or even in a position to know, if we did leave, what our relationship would be in those trade negotiations. The process of leaving the European Union, as the hon. Gentleman knows, is incredibly complex and it takes two years of negotiations to achieve that end. It is not like walking out of a house, giving the keys to the estate agent or the bank and saying, “Right, I’m off.” These are matters that will be negotiated over a long period.

However, Britain has one of the top 10 economies in the world, with a very large consumer market. It tends to be a net importer of goods and it embraces trade and cultures from around the world. That has always been one of our great strengths. Britain will always be a country that people are interested in talking to when it comes to negotiating trade agreements. The opportunity for us to do that either inside or outside the European Union will remain, but the goal is to try to secure the open, liberal, competitive Europe that we think is in the interests of Europe and of Britain, too.

The political correspondent for Die Welt, Alan Posener, commented after the Prime Minister’s speech that for the first time in years Britain is setting the European agenda. We are doing that because we are putting down a marker. We are making it clear where we stand, where we are looking for renegotiation, and what we want from our membership. We are clear that things have to change. As the Chancellor of the Exchequer said in his interview with Die Welt, if Europe will not change, then our relationship with Europe must.

[Mr Deputy Speaker (Mr Nigel Evans)]

Order. I am keen to get everybody in, so I am reducing the time limit to four minutes.

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[Chris Leslie (Nottingham East) (Lab/Co-op)]

On a point of order, Mr Deputy Speaker. You will recall that yesterday, during Treasury questions, the Chancellor was rebuked by Mr. Speaker for claiming that my hon. Friend the Member for Leeds West (Rachel Reeves), the shadow Chief Secretary, was not “being completely straight” when she drew attention to figures published by the Office for Budget Responsibility showing that

“in the first three years this Government are spending £12.8 billion less”

on capital projects

“than the plans that they inherited.”—[Official Report, 29 January 2013; Vol. 557, c. 770.]

Now that it is clear that the Government have not matched the plans that Labour had for infrastructure investment—according to the Channel 4 News FactCheck verdict, the latest figures from the Office for National Statistics show that the Chancellor’s claim to have spent more on infrastructure than Labour had planned to spend was wrong—have you been given any notice that the Chancellor is available to come to the House this evening to apologise again for getting his facts completely incorrect?

[Mr Deputy Speaker (Mr Nigel Evans)]

I have been given no notification that the Chancellor or, indeed, any other Minister will make a statement from the Dispatch Box this evening, but if the position changes, the House will of course be notified in the usual manner.

Antarctic Bill

Nigel Evans Excerpts

Friday 18th January 2013 Commons Chamber

[Bob Stewart (Beckenham) (Con)]

Will my hon. Friend give way?

[Mr Deputy Speaker (Mr Nigel Evans)]

Order. Before the hon. Gentleman rises, let me remind everyone that we are debating new clause 1. We are not debating the generality of the Bill, and we have a Third Reading debate to follow.

[Bob Stewart]

I hope what I am about to say will be about new clause 1, and it will be very quick. Is it not for the United Nations to co-ordinate international action?

[Neil Carmichael]

rose—

[Mr Deputy Speaker]

Order. The Bill’s promoter knows that that question has nothing to do with new clause 1, so I would be grateful if he would now get back to new clause 1.

[Neil Carmichael]

I am grateful for the intervention of my hon. Friend the Member for Beckenham (Bob Stewart), which gives me the opportunity to underline the fact that there is a treaty, that various nation states have signed it and that they have an interest in new clause 1. New clause 1 is unlikely to be discussed in the United Nations. I am fairly confident of saying that without contradiction, but I take into account, of course, your observation, Mr Deputy Speaker.

--- Later in debate ---

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

I congratulate my hon. Friend the Member for Stroud (Neil Carmichael) on getting the Bill to this stage, and I thank him for the time and trouble he took to visit Antarctica and his determination and commitment to securing environmental protection in the Antarctic.

I shall begin by setting out the overriding architecture of the protections currently in place for the Antarctic, as there seems to be some confusion about that. The Antarctic treaty was signed in 1959 by 21 countries. It has several purposes.

[Mr Deputy Speaker (Mr Nigel Evans)]

Order. May I say to the Minister, as I have said to other Members, that we are talking about new clause 1 and the amendments, not the wider Bill?

[Mark Simmonds]

I am grateful, Mr Deputy Speaker, for your guidance. I was trying to put the implications of new clause 1 into context. The Antarctic treaty has 50 signatories, and the UK is one of the core 28 countries that play a positive role, and we intend to continue to do so.

I shall turn now to the amendments. On new clause 1, I say to my hon. Friend the Member for Bury North (Mr Nuttall) that the Government have prepared and made available a full impact assessment for this Bill. The impact assessment was independently reviewed by the Regulatory Policy Committee, which determined it was fit for purpose and that the costs and benefits of the Bill had been adequately assessed.

The most likely monetised costs to arise from the Bill were identified as additional premiums for insurance cover, which my hon. Friend rightly mentioned, and one-off costs to any operators who will need to update their equipment or plans to deal with an environmental emergency. The insurance industry was consulted, and it was suggested that additional insurance premiums to cover the costs of responding to an environmental emergency would probably either be minimal or non-existent. My hon. Friend the Member for Stroud made that point. Given the level of insurance already required by operators and vessels in Antarctica, it was suggested that that was the case for both small and large operators.

The one-off costs to operators of updating their equipment or plans was also deemed small, given that the vast majority of UK operators already meet the requirements.