UN International Day for the Elimination of Racial Discrimination

Peter Bottomley Excerpts

Monday 8th April 2019 Commons Chamber

[Sir Peter Bottomley (Worthing West) (Con)]

May I say that many of us will sympathise with the hon. Member for Dudley North (Ian Austin)? I think he has spoken for the people on his Labour side of the House, and I hope that people on my Conservative side of the House would do the same if we had things like that in our party.

I want to approach this in two ways. The first is to give publicity to someone whom I do not think deserves it, but who is dangerous—Stephen Yaxley-Lennon, also known as Andrew McMaster, as Paul Harris, as Wayne King and now as Tommy Robinson. He is apparently a special adviser to the present leader, Gerard Batten, of UKIP. This man Stephen Yaxley-Lennon has been convicted over the years of assault, threatening behaviour, common assault, false identity documents, mortgage fraud—the judge said that it came to £640,000—and contempt of court. I am leaving aside any other current charges that may be around. I say to all my constituents, “If you are fed up with the Tory party, don’t go to a party like UKIP that takes him in as a leader’s adviser. If UKIP changes and throws him out, by all means, but until then, don’t. He’s dangerous, and the people he associates with are dangerous as well.”

The second thing is a total change of thought, but it follows up a point made from the Opposition side of the House. For people to get good jobs, they need good education. I have been helping a maths teacher who is Ghanaian. He is a really good maths teacher, and when he left a particular school, its results fell. He has been pursued by a number of people in a vendetta that has caused him to be arrested twice in the last few months, to lose his job and to be hanging around for possibly up to another nine months while the Teaching Regulation Agency and the Disclosure and Barring Service consider whether he is fit to teach. He clearly is fit to teach. He should not have been treated like that, and I do not believe that, had he been white, he would have been, either by the police or by the education authorities. I regret that the Department for Education was involved in causing him to have his last job withdrawn.

I spend a lot of time working with people who have problems. The ones that are most difficult to put right are those that involve Sikhs or other people from the subcontinent. We all know about Dr Hadiza Bawa-Garba, the paediatrician who was, in my view, treated very unfairly by investigators, by prosecutors and by the General Medical Council.

[Jim Shannon (Strangford) (DUP)]

The hon. Gentleman and I share many views about human rights and religious persecution. Does he agree that this great, diverse nation—the United Kingdom of Great Britain and Northern Ireland—has a broad culture and historical background that brings in people from around the world, but that what brings us together is the love, respect and tolerance we have for one another? If that is at the core of our nation, we have a way of going forward.

[Sir Peter Bottomley]

I do.

My last example is the case of Gurpal Virdi, the excellent former police sergeant who managed to find himself on trial for a week and a half at Southwark Crown court on totally bogus charges. I wrote in advance to the Crown Prosecution Service, the Metropolitan police and the Home Office, but none of them seem to want to have an inquiry into how it all went wrong. I will return to that after Easter. I have other examples, but with those words I will resume my seat.

The Modern Commonwealth: Opportunities and Challenges

Peter Bottomley Excerpts

Thursday 7th March 2019 Commons Chamber

[James Duddridge (Rochford and Southend East) (Con)]

I beg to move,

That this House has considered opportunities and challenges facing the modern Commonwealth in its 70th year.

It is that time of year when we await the riot of colour of 53 flags representing the Commonwealth opposite Parliament. It is for that reason—the celebration of Commonwealth Day—that I am here today. I wear my own riot of colour: the rather disgusting combination of colours on my tie is that of the Commonwealth Parliamentary Association UK branch, which is not to be confused with the international branch, chaired by Emilia Lifaka, who will be here next week.

I have chaired the UK branch since the rather unfortunate general election in 2017 and very much enjoyed the task. I see in the Chamber my hon. Friends—I think I can use that term—the hon. Member for City of Durham (Dr Blackman-Woods) and the right hon. Member for Delyn (David Hanson). Without their tireless work, the CPA as it is now would not be in existence.

[Sir Peter Bottomley (Worthing West) (Con)]

The House will be grateful to my hon. Friend, others who serve on the executive committee of the CPA UK branch and those who work for it for the good they do in this country and with our fellow Commonwealth nations around the world. It seems to be one of those things where the work that parliamentarians do is not noticed but is appreciated and could be even better in the future.

[James Duddridge]

I thank my hon. Friend for that and extend thanks to Jon Davies and his team of 30 people who work here in the UK, off Westminster Hall, and overseas.

To give an idea of the volume of activity, in 2017-18 there were 15 outbound delegations, 35 inbound delegations and nine multilateral delegations. As I look around the Chamber, I see people who have been involved in inbound and outbound trips in the last month. There have been trips to Fiji, the Seychelles, Pakistan and Sri Lanka. The CPA was also very much involved in election observing, particularly in the overseas territories. As a committee, we have formed our strategic priorities. We decided that we could not do everything exceptionally well, so we are concentrating on five key themes: women in Parliament, public finance scrutiny, modern slavery, trade and security.

This debate is about opportunities and challenges facing the modern Commonwealth in its 70th year—“modern” because the Commonwealth existed in various guises before the 1949 London declaration, but it was a free association of independent member countries. Quite how we got away with that as part of the European Union, I do not know. Crucially, the Commonwealth gave an equal say to all its 53 members, regardless of size—at one end is India, with a population of 1.3 billion, and at the other is Nauru, with a population of only 13,000. Of the states, 31 have populations of fewer than 1.5 million and five have populations of fewer than 1 million.

They are nations all around the globe. There are 19 in Africa, which I know and love well, and others are in parts of the world that I know less well, with seven countries in Asia, 13 in the Caribbean and the Americas, three here in Europe and 11 in the Pacific. It is so popular, and it is expanding, to Cameroon, Mozambique and Rwanda—more of Rwanda later. It was good to see the Gambia come back into the Commonwealth in February 2018, and I was able to travel there.

--- Later in debate ---

[James Duddridge]

My hon. Friend makes a good point. In fact, when he was here at that time, Bill Gates spoke in praise of the value of the Commonwealth, particularly our ability to do something in the health sector. As people are pointing out, it is not just the health sector; it is the education sector, the universities sector and the business sector. The Commonwealth is actually a multiplicity of different organisations, both intergovernmental and external to Government. I apologise to the tens of organisations, if not more, from the Commonwealth that have written to me and said, “Please do mention my bit of the Commonwealth”. We have added them up, and I think at least 80 different organisations with Commonwealth branding are part of this process.

[Sir Peter Bottomley]

May I suggest to my hon. Friend that, as and when Commonwealth parliamentarians get together, they ought to work how to force on to the agenda the scandalous discrimination against pensioners from this country? When they live in retirement in other Commonwealth countries, they do not get inflation increases to their state pensions. Will he try to make sure that this is considered, and will he see whether the Commonwealth secretariat could publish which other Commonwealth countries make the same kind of imposition on people who would otherwise be able to share in the fruits of their retirement?

[James Duddridge]

One of the great advantages of being a Back Bencher, not a Minister, is that one can say, “I am sure the Minister was listening”, and move on swiftly.

I am conscious of time, Madam Deputy Speaker, and the last point I want to make involves trade and Brexit. The Commonwealth is not the solution to any problems or the definition of any Brexit opportunities, but the Commonwealth currently represents 9% of UK exports. By various measures, there is an advantage to it: doing business with the Commonwealth is easier, and there is a shared language, history and legal system. It makes sense, and it is easier, to trade intra-Commonwealth and with the Commonwealth. Overall, Commonwealth trade represents 14% of the global economy, so as we look at trade deals post Brexit, we should pay particular attention to the Commonwealth. Clearly it is not as simple as having one Commonwealth deal, but we should look first to the Commonwealth and then to the rest of the world.

I wish all Members of this House a very happy Commonwealth Week.

Venezuela

Peter Bottomley Excerpts

Monday 28th January 2019 Commons Chamber

[Sir Alan Duncan]

Yes, I think pressure is also needed to bring about those elections, which is why countries across the world are working very closely together. I think the unity of opinion among such a broad collection of different regions—America, including Canada; the EU; and the immediate neighbours—has the same view. I agree with the hon. Gentleman that we should be cautious, because the narrative of US interference in Latin America can stir up counterproductive voices. At the moment, what we want to do is solve the problem, rather than relive some of the difficulties of decades ago.

[Sir Peter Bottomley (Worthing West) (Con)]

It is only two weeks since the BBC 2 film “Revolution in Ruins”, on the legacy of Hugo Chavez, was broadcast, previewing what became worse with Maduro. Will my right hon. Friend invite the socialists who had the letter in The Guardian to come and see him to get them to explain whether they think things went wrong because of the personalities of Chavez and Maduro, or because of the policies and practices followed by those two Presidents?

[Sir Alan Duncan]

Tempted though I am by my hon. Friend’s suggestion that I should meet the signatories, it is a temptation I will choose to resist. Instead, I might send them the speech I gave in Chatham House last November about Venezuela so that they can learn a little bit more about history than they could perhaps impart to me.

Bahrain

Peter Bottomley Excerpts

Tuesday 11th September 2018 Westminster Hall

[Jim Shannon]

I wholeheartedly agree with that. We want to encourage Bahrain to move towards a more open human rights approach, to ensure all opportunities for everyone, as we have here in the United Kingdom.

[Sir Peter Bottomley (Worthing West) (Con)]

People in Bahrain, especially the rulers, are aware that when human rights improved between 1999 and 2007 that was noticed and was commented on by human rights organisations. Can we ask them to get back to the same situation again?

[Jim Shannon]

The hon. Gentleman’s words are very wise. We look to the Minister for a response on that, which is what this debate is all about. Can we encourage Bahrain to get back to where it was? If we can do that, I think we will be moving in the right direction. I am sure the Minister will refer to that point in his response.

I believe in the friendship that we have with Bahrain. British rule was relinquished in 1971 and yet we are in a situation where Bahrain is comfortable housing our military base. We have a large number of British expats working and living in Bahrain and many Bahraini students attend universities in the United Kingdom of Great Britain and Northern Ireland. We are friends, but I wonder whether we have told our friends what they need to know—that their human rights record is not acceptable. While we are thankful for recent changes in legislation that give more rights to women and children, there must be bigger steps and more practical changes. That is what we are asking for. We are not saying that they have not moved—they are, in a way, a beacon for other countries in the region—but we need to highlight issues where human rights abuses have taken place.

UK Diplomacy in Europe

Peter Bottomley Excerpts

Thursday 1st February 2018 Commons Chamber

[Tom Tugendhat]

The hon. Gentleman asks a fair question, and this is one area where we need to consider not just bilateral relations but relations with the European Union as an organisation. We must recognise that if that is how 27 member states choose to work, our option for working with them is through the organisation that they choose. That is simply a fact. Seeing how we can plug into that organisation is essential, which is why we call on the Foreign Office to consider very hard the bilateral nature of that relationship, and perhaps to look at it in a different way. When we look at the mission in Washington, for example, and the way that the British embassy there plugs across an entire network, that may be a model for how we look into the European Union. Some of us—I speak personally here, not for the Committee—are attracted by the idea of having a Minister resident in Europe, not only to promote Britain’s interests, but to make sure that our European partners and friends see the importance that we place on that relationship.

[Sir Peter Bottomley (Worthing West) (Con)]

My hon. and gallant Friend reminds me that, when I was first elected, half the Whips Office were colonels.

The Committee has done well. There is a reference to the British-Irish Council and to the British-Irish Parliamentary Assembly. I hope that the Government will be asked by this House and by the Committee to make sure that our membership of the Council of Europe, the NATO Parliamentary Assembly and the Parliamentary Assembly of the Organisation for Security and Co-operation in Europe get more attention than perhaps they have had in the past, and that there are regular meetings between their members and Government, and debates in this House.

The question for us is how we can all contribute and gain, because that is the best way to maintain Britain’s interests as the status of our relationship with the European Union changes. As a last point, may I say that, as normal, most of these reports have three blank pages? It might be helpful for those who do not want to read the whole report to have a glossary somewhere, so that the alphabet soup can be understood by those to whom some of these things are strange.

[Tom Tugendhat]

Perhaps I can pick up on the last point first. I have just smiled at my excellent Committee Clerk, who was so essential to producing this report, and I am sure that she has noted that.

On the other bodies that my hon. Friend mentioned, I am absolutely in agreement with him that the investment that we must make now in different forms of bilateralism and different forms of multinationalism is absolutely essential to achieving the aims of the United Kingdom. This island is not moving anywhere. We are still going to remain 20 miles or so off the coast of France, and we are still going to have our closest relationships, in many ways, with European nations. How we engage in them is essential, and that will require resourcing and time.

Oral Answers to Questions

Peter Bottomley Excerpts

Tuesday 9th January 2018 Commons Chamber

[Boris Johnson]

Not much. One thing that will be absolutely crucial at our Commonwealth summit is, of course, 12 years of quality full-time education for every girl in the world. That is going to be an absolute core of the summit.

[Sir Peter Bottomley (Worthing West) (Con)]

Before CHOGM, will the Foreign Secretary get a chronological list of the countries where UK pensioners overseas get inflation-level increases and how many of those are Commonwealth countries? Should we not hang our heads in shame that for half of pensioners overseas who are in Commonwealth countries, there has been no change? I ask him to do something about that.

[Boris Johnson]

I am happy to accede to my hon. Friend’s request.

Turkey: Human Rights and the Political Situation

Peter Bottomley Excerpts

Thursday 9th March 2017 Westminster Hall

[Sir Peter Bottomley (Worthing West) (Con)]

I will not repeat what has been said with clarity by colleagues from all parties. I first became aware of Turkey’s development when I was MP for Woolwich West, where St Agnes’s chapel is located. It was renamed the Gallipoli chapel by the Rev. Henry Hall, who had been chaplain to the 29th Division and who landed at Gallipoli in April 1915. He wanted a dedication, and his successors wanted to commemorate what happened at Gallipoli.

One thing that happened at Gallipoli was that the local commander, Atatürk, went on to become the well-known leader who dedicated Turkey to peace at home and peace in the region and internationally. It would be worthwhile for those interested in such things to watch the Guardian panel on 23 March, which will consider all the questions that I could list now but will not, as I want to give time to the Front-Bench speakers. For those who are free this evening, I suspect that there may be spare places at the British Institute at Ankara’s gathering at the British Academy, where a distinguished panel will also consider what can be done for stability nationally, regionally and internationally.

It is clear to those of us who have been involved in NATO and in issues in the middle east and wider middle east that Turkey has been carrying much of the burden of the instability around it. I pay tribute to Turkey for what it has done for refugees, and for its assistance, almost beyond cost, to those who find themselves within its borders. It is also worth recognising that when this House made the mistake, in my view, of not intervening early in Syria, we let down Turkey, which was prepared with others to take effective action that could have allowed Syria to find its own future, without the kind of regime that I hope will not emerge in Turkey now.

I will not go into what was behind the coup, as it is beyond my knowledge. If the strong man idea in politics—which we have seen, sadly, in Russia, and which we may or may not be seeing in the United States—is adopted by Turkey, the difficulty is how Turkey will get out of it again. It will take a long time before another Atatürk comes along who can create unity in a country that is an important part of Europe, an important part of Asia and an important part of the world.

British Indian Ocean Territory and the Chagos Islands

Peter Bottomley Excerpts

Tuesday 25th October 2016 Westminster Hall

[Sir Peter Bottomley (Worthing West) (Con)]

The whole House will be grateful to my hon. Friend for raising this issue, and he has rightly pointed out the all-party support that there is. Given the enormous amount of money—millions of pounds—spent by the Government in resisting resettlement initiatives, does he agree that the only serious issues now are conservation and resettlement, where there does not seem to be a major problem, the Americans, where there does not seem to be a major problem, and economic existence? If some of the money spent on resisting their claims had been spent on resettlement, we would have had the pilot resettlement and would know how much further we can go.

[Andrew Rosindell]

My hon. Friend makes a superb point. He is completely right: had previous Governments addressed that long ago, we would not be in this very unfortunate position today. It only takes common sense to realise that this could have been resolved a long time ago, and that the money spent has been a huge waste. The appalling record that we have left in not dealing with this when it should have been dealt with has left many of us feeling very sad. That is why we hope that, today, we will get some indication of whether the Government will now resolve the matter once and for all.

Hope for a resolution came in November 2000 following the High Court judgment and the decision of the then Foreign Secretary, the late Robin Cook, who restored the right to return to the outer islands. That remained the case until that right was withdrawn in June 2004 by Order in Council—thus overturning the High Court and bypassing Parliament. Then, nearly four years ago, as Foreign Secretary, William Hague announced a review of the policy, the results of which are still awaited. The Government now state that they intend to make a decision on resettlement before the Christmas recess this year, so today I will focus on why the decision should be in favour of resettlement and on the consequences of not doing so.

The expulsion of the Chagossian people from their homeland remains a blot on the UK’s human rights record, and a breach of international human rights law and, many would argue, of Magna Carta itself, the very basis of our cherished liberties. As long as this situation prevails, I believe the United Kingdom remains guilty of double standards. How can Her Majesty’s Government argue that the people of the British overseas territories of Gibraltar or the Falkland Islands should have the right to remain living peacefully in their homelands and their right of self-determination, and be prepared to use the British armed forces to defend their rights, yet at the same time refuse to accept that the exact same principle applies to the Chagossian people of the British Indian Ocean Territory who, despite their forced removal from their island home, have remained loyal subjects of the Crown throughout and cherish the fact that they are British subjects?

If the UK refuses to allow the Chagossians the right of return to live in their homeland if they choose, will the Minister explain how that fits with Britain’s desire to be re-elected to the United Nations Human Rights Council next year? A decision to grant the right of return would surely demonstrate that, under the leadership of my right hon. Friend the Prime Minister, the United Kingdom is now taking its human rights responsibilities very seriously indeed.

--- Later in debate ---

[Andrew Rosindell]

We will move on from this point because, even if it is correct—I do not believe it is—this line has been carried forward by every generation without anyone questioning its original purpose. The duty of Her Majesty’s Government is to defend the rights and freedoms of Her Majesty’s subjects. These people are Chagossians. They are British. They are of equal status to the people of the Falkland Islands or Gibraltar, and there is no way on this planet that we can justify treating them in an inferior way. Sadly, that is what successive Governments have done but, in this very year, we have a chance to rectify it. In my view, it has been clear for many years that there is no fundamental objection from the United States to resettlement, even if it is of the outer islands, rather than Diego Garcia.

[Sir Peter Bottomley]

My hon. Friend has come to an important point. I hope he will forgive me for not being able to stay for the rest of the debate. When I was a Minister, I put forward a good suggestion, and the officials said, “That’s against ministerial policy.” I asked the Secretary of State, “Is it against your policy?”, and he said, “No, it’s not against mine.” That is an example of the historical negative: one cannot do something in a new way because it has not been done that way before.

The Americans ought to be big enough to say which island they want protected and what will happen with all the rest. We are not talking about something as small as the Isle of Wight, close to the mainland. We are talking about the Indian Ocean Territory. There are plenty of opportunities. Any sensible American could say, “Yes, there’s no problem. Let’s argue about some margin, but there is no particular problem, and there is no particular reason for total exclusion.”

[Andrew Rosindell]

My hon. Friend is correct. We must fully accept the need to secure the base and its operations, but I believe that a resettlement, even on Diego Garcia, can be made compatible with that requirement, as is the case with other US bases around the world. Indeed, the US may find that a neighbouring community of Chagossians could provide a convenient source of workers and security personnel when they are trained for work on the base.

The all-party parliamentary group had expected the Government to make a decision on resettlement following the KPMG report in February last year. We were not convinced of the need for yet another consultation with Chagossians, this time on likely costs and the demand for resettlement. Although it is impossible to remove all uncertainty, the Foreign and Commonwealth Office consultation showed 98%—or 825 Chagossians—in favour of resettlement. In reality, fewer will take up that offer, but there will certainly be enough to make resettlement viable. Of course, all Chagossians rightly want the restoration of their basic right to visit their homeland at any time of their choosing.

Our all-party group believes that a pilot resettlement for 50 to 100 people on Diego Garcia is the best starting point, but we should consider the outer islands if the Americans have genuine security concerns. That would cost more and would not please some conservationists, although many think that conservation and resettlement can be compatible and are necessary for an effective marine protected area. Chagossians could fill a much-needed conservation protection role. Travel would then be via the Maldives. The APPG would not support any alternative options to resettlement unless they were the collective wish of the Chagossian groups in Mauritius, the Seychelles and here in the United Kingdom. We see the restoration of the right of return and abode, which was denied by Orders in Council in June 2004, as a basic requirement.

As the United States was complicit in the removal of the Chagossians from their homeland, it is perfectly reasonable to expect the US to contribute in kind and money to the resettlement. Also, we would expect the Department for International Development, which already finds it hard to spend its budget, to contribute as the British overseas territories are, I believe, supposed to have a first call on the aid budget. With further support from non-governmental organisations and private sector funding, the costs of resettlement need not be much of a burden on the UK taxpayer.

The Times published a letter from the APPG on 7 November 2015, which said:

“Discussions with the US, for the renewal next year of the 1966 agreement on the use of the Territory, provide a unique opportunity to resolve the future of the Chagossians and of the Chagos Islands. Fifty years on Britain should dispose of this albatross and rectify the injustices and human rights violations of the past.”

The continuing damage to the UK’s reputation for promoting human rights far outweighs the costs, liabilities and risks of trying out resettlement. There would be all-party support for resettlement, not least from the leader of the Labour party, who is now the honorary president of our APPG. There would be negative international repercussions if we did not restore the rights of return and abode to the Chagossian people. There would be damage to the UK’s reputation in Africa and wider afield, playing to those who accuse us of ongoing colonialism, with a knock-on effect for the Falkland Islands and Gibraltar and for the ongoing actions in the United Nations General Assembly, the United Nations Human Rights Council, the African Union and the Commonwealth.

Hopes having been raised more than four years ago, the Chagossian and Mauritian reactions will, inevitably, be greater than ever before. The national and international campaign is certain to continue, with ever more negative publicity for the United Kingdom Government. As a Government-supporting MP, that is something that I do not wish to see. It cannot be in the UK’s interests for that situation to continue for a further 20 years. Allowing resettlement will be welcomed by the United Nations, by Parliament, by the media and, I believe, by the vast majority of the British people.

There could be no better time than now to make this decision. As the all-party group said in its letter to The Times on 4 July 2016:

“It is time for a political decision which restores the rights of the Chagossians to return to Chagos and to put this shameful episode behind us.”

Burma (Persecution of Minorities)

Peter Bottomley Excerpts

Wednesday 25th June 2014 Westminster Hall

[Hugh Robertson]

The hon. Gentleman, who has extensive military experience, is absolutely right. He would have been interested to hear the absolutely spellbinding speech made by the Australian Chief of the Defence Force on exactly that issue and what needs to happen to ensure success. All those who were there for that speech heard that message loud and clear. The hon. Gentleman is absolutely right—I would not say anything else—that making it happen will be the real challenge. It is an extraordinary achievement to have signed the declaration, but that is the easy part and making it happen is different.

The hon. Member for Bristol East mentioned the census, which the British Government, along with other members of the international community, did indeed help to fund because we believed that it would be crucial to the development of Burma as a whole. Reports from international observers suggest that, with the exclusion of Rakhine and parts of Kachin, the process was largely carried out effectively. The Government are deeply disappointed, however, that the Burmese Government simply reneged on their long-standing assurance that all individuals would have the right to self-identify their ethnic origin. That remains a point of dispute and a disappointment, which leads to a judgment of whether it was right to support the census. Looking at Burma as a whole, it is a better country for the delivery of that census, but the decision to prevent the Rohingya from self-identifying is a straightforward contravention of international norms.

The hon. Member for Bradford East asked whether I felt “snubbed”. I am not aware that the Minister of State, Foreign and Commonwealth Office, my right hon. Friend the Member for East Devon, who was there, did feel snubbed.

Political prisoners are a matter of great concern that was key during the Prime Minister’s discussions. We have urged both the Burmese Government and Parliament to repeal all existing laws that allow the Government to imprison political prisoners, and all laws that are not in line with democratic standards. We will continue to put pressure on the Government to ensure that democratic activists are able freely to voice their opinions without fear of arrest.

The hon. Gentlemen asked about military engagement, which was also raised by the hon. Member for Strangford (Jim Shannon). The focus of our defence engagement is on democratic accountability, international law and human rights. Aung San Suu Kyi has made it clear that the Burmese military, for better or worse, is a core political force in Burma and will be key to the process of political reform, which again returns to the judgment of whether to stand back and criticise the reform if it does not succeed or to engage with it and try to affect the situation for the better. We have tried to do the latter and will continue to use our leverage over the Burmese military to get them to tackle issues such as child soldiers, and to bring sexual violence to an end once and for all. I should just add that the EU arms embargo on Burma remains in place following the majority of sanctions being lifted in April 2013.

I was asked about an international investigation. It is absolutely our view that all allegations of human rights abuses must be dealt with immediately through a clear, independent, transparent investigation and, crucially, a prosecutorial process that meets international standards. We have made and will continue to make those concerns clear to the Burmese Government. It is absolutely the Government’s approach to seek an end to those violations and to prevent their further escalation irrespective of whether they fit the definition of specific international crimes.

[Sir Peter Bottomley (Worthing West) (Con)]

I apologise for not being here at the beginning of the debate. We should pay tribute to our Speaker, who has visited Burma on several occasions and has helped to draw attention to the problems. Nearly 30 years ago when I was a Minister, I went out to meet Sir Nicholas Fenn, the then ambassador, who made the claim, which the Minister kindly repeated today, that to be engaged with people is better than to be disengaged. We should pay tribute to the progress that has been made and make it clear that the Burmese people will benefit if Burma pays attention to international norms and applies them to allow its people, including the Rohingya, to prosper in their own country.

[Hugh Robertson]

I am grateful to my hon. Friend for that intervention, with which I entirely agree. The longer I spend in the Foreign Office, the more I begin to realise that engagement with countries that do not accept our norms and standards is uncomfortable; there is no doubt about that, but I am absolutely convinced that engagement is the correct approach. If we fail to engage and simply stand off from a problem and criticise, we will lose both moral authority and the authority to try to influence. Sometimes, even when engagement does occur, influence does not come from making a lot of noise. Change is often effected by years of quiet diplomacy and initiatives such as those mentioned by the hon. Gentleman and those undertaken by the Speaker and others, which play an important role.

Deep Sea Mining Bill

Peter Bottomley Excerpts

Friday 6th September 2013 Commons Chamber

[Sheryll Murray (South East Cornwall) (Con)]

I beg to move, That the Bill be now read a Second time.

Mining is not a new industry, certainly not for us in Cornwall. There is a saying, “Wherever there is a hole in the ground, there will be a Cornish miner at the bottom of it.” With over 4,000 years of history, the Cornwall and West Devon mining landscape became a world heritage site in 2006, and I was very proud to be a councillor on Caradon district council when that was decided.

The Cornish have emigrated all over the world to give their expertise in mining, and today have vibrant communities as far afield as Australia and New Zealand. They still celebrate their fantastic Cornish pride and heritage in those communities.

[Sir Peter Bottomley (Worthing West) (Con)]

I cannot remember whether I picked this up in 1981 when the Deep Sea Mining (Temporary Provisions) Act 1981 was passed by this House, but I think I am right in saying that most of the exploration that has been going on under the international authority is in the central Indian basin of the Indian ocean, and in the northern part of the Pacific ocean, in the Clarion Clipperton zone. If there are Cornish miners there, I send them my best wishes; I hope they are swimming well.

[Sheryll Murray]

My hon. Friend is absolutely correct. I am sure that they still pride themselves in taking their lunch in the form of a Cornish pasty: the pastry protects what is inside from dirty hands. Pasties are something else that we Cornish people are extremely proud of.

--- Later in debate ---

[Sheryll Murray]

My hon. Friend is partially correct. The Bill is all about exploitation. We have the potential in about five years’ time to start looking at exploitation. It is much better that the United Kingdom should control the licence applications because we must be able to control the environmental situation in which exploitation and exploration are carried out.

[Sir Peter Bottomley]

My hon. Friend probably already appreciates that we must change our provisions because the 1981 Act was passed before the establishment of the authority in Kingston, Jamaica, and we must meet our international obligations. It may also be worth observing briefly that economics matter. When some years ago the price of metal commodities was going up, everyone thought that digging down into the oceans would be a good idea. Now that the commodity prices are not quite so high that may not happen, but at some stage the cycle may turn again and we may find some commercial exploitation.

[Sheryll Murray]

We are seeing a shortage of some metals, and the deep sea provides the opportunity to gather metals that are needed, particularly rare earths.

The UK is well placed to influence how deep-sea mining is taken forward, what standards should apply and how to minimise the impact on the environment. In 2012, the UK sponsored its first application to the International Seabed Authority for a UK company to explore for polymetallic nodules in the deep sea in the Pacific ocean, as my hon. Friend mentioned. The application was agreed and a contract was signed between the ISA and the UK company. In 2013, the UK sponsored another application from the same company. That still has to be considered by the ISA council, but the UK Government was able to sponsor and issue a licence to that company under the 1981Act.

[Sheryll Murray]

The 1981 Act predates our signing up to the United Nations convention on the law of the sea, so it is vital that we make these amendments to it.

[Sir Peter Bottomley]

Just to clear my mind by using my mouth rather than just my ears, I think this is a very conservative approach. We maintain what we have and we improve it.

[Sheryll Murray]

My hon. Friend is correct.

The UK was able to sponsor and issue a licence to that company under the existing Act, which became valid only upon the issue of a contract by the ISA.

--- Later in debate ---

[Sheryll Murray]

That is correct. I am sure that my hon. Friend the Minister will be able to expand on that if he speaks.

[Sir Peter Bottomley]

In time, my hon. Friend will get to paragraph 9 of the schedule, which states:

“Omit section 9 (the deep sea mining levy) and section 10 (the Deep Sea Mining Fund).”

I think that answers the issue raised by my hon. Friend the Member for Shipley (Philip Davies). Instead of money being paid to us for us to pay to the authority, it will go straight to the authority. The licence has to be obtained from the national Government under legislation, but if payments become due, they will go straight to the authority, which cuts out some of the bureaucracy.

[Sheryll Murray]

That is right, and of course this Government want to minimise bureaucracy as much as possible.

[Sheryll Murray]

I know that Secretary of State Clinton and the United States Administration were, as recently as 2012, very keen to sign up to UNCLOS. It is not for me to make a judgment on that—it is up to the USA—but perhaps the Minister will expand on it later.

[Sir Peter Bottomley]

Speaking as an historian, I point out that in 1994 the United States got a modification to the convention. Since 1997, even under George W. Bush, the recommendation has been that the United States should sign it. It has not got around to it yet, but I understand that that is its intention. My hon. Friend the Minister will probably cover the issue of whether a US company could apply to another Government for a licence and therefore get the authority indirectly.

[Sheryll Murray]

I am grateful to my hon. Friend for his expertise and for updating us.

As I have said, the 1981 Act predates the signing of the 1972 UN convention on the law of the sea and, subsequently, the implementing agreement to part 11 of the convention, which relates to deep-sea mining. In some small, niche areas the Act is not entirely consistent with the convention, including with regard to providing for the enforcement of decisions of the sea bed disputes chamber of the international tribunal for the law of the sea. The tribunal was established under the convention, and I am sure that right hon. and hon. Members will agree that it is totally necessary.

Putting our legislation in good order is important for the UK, not least because we are strong proponents of the convention, which defines the rights and obligations of coastal states, including the entitlement to various maritime zones over which different levels of sovereignty may be exercised.