Ukraine

Robert Buckland Excerpts

Tuesday 18th March 2014 Commons Chamber

[Mr Robert Buckland (South Swindon) (Con)]

I am grateful to the right hon. Gentleman for giving way. As I expected, he is making some measured comments. Is not the more fundamental point here that if we concede a precedent in Crimea, we are saying that it is open house for Russia to annex what ever part of its zone of influence it likes?

[Mr Alexander]

The hon. Gentleman eloquently highlights the extent of cross-party agreement on this issue. This is a huge geopolitical moment, and if we take our multilateral obligations seriously—as a permanent member of the Security Council, a member of NATO and a member of the European Union—these moments test us as an international community. In that sense, the signal that would be sent out, however inadvertently, by an isolationist attitude that says that this is a far away country and that there is nothing to worry about has very dangerous historical precedent. The point that the hon. Gentleman makes is a necessary corrective to some of the commentary that we have read in newspapers in recent days.

Ukraine

Robert Buckland Excerpts

Tuesday 4th March 2014 Commons Chamber

[Mr Hague]

My hon. Friend makes a crucial point; despite having one of the last questions he has managed to make a new and pertinent point. There are reasons why soldiers should wear the insignia of their country, and the most terrible misunderstandings can occur without that. So he is right about that. On the subject of a debate, the Leader of the House is not in his place but I am sure that he is always aware of such requests and he will have heard that particular one.

[Mr Robert Buckland (South Swindon) (Con)]

Does my right hon. Friend agree that Russia’s provocative warmongering exposes its long-term weakness and will serve to drive more and more Ukrainians to the ineluctable conclusion that their future lies with the west? Rather than being frightened of that, should we not warmly welcome Ukraine as a potential ally within the institutions of Europe?

[Mr Hague]

So far as I could see yesterday, the effect of the Russian intervention has been to solidify the determination among Ukrainians about their own independence, including among leading figures in the Party of Regions, which usually represents the east and south of Ukraine. My hon. Friend is also right to say that this action is born of weakness rather than strength. As I was arguing a few minutes ago, it is a response to a major reverse and an effort to alleviate that. The people of Ukraine will be all the more determined to pursue their own sovereign rights, including closer association with the European Union.

Sri Harmandir Sahib

Robert Buckland Excerpts

Tuesday 4th February 2014 Commons Chamber

[Mr Hague]

The Cabinet Secretary decided what to disclose in his report, and that included additional documents that would not normally be disclosed and which gave additional details confirming the picture set out in his report and my statement. While preparing the report, he and his officials had discussions with officials and senior Ministers, and it was for him to set out to the Prime Minister, as he did in his report, what he recommended for publication. I think that that provides a full, transparent picture, and that he made the right judgment in what he said.

[Mr Robert Buckland (South Swindon) (Con)]

I welcome my right hon. Friend’s statement. Sikhs in the community I have the honour to represent still feel that the scars and wounds left by the events of 1984 run deep and remain open, so the need for transparency is patently clear. On the nature of the advice given, was this a unique set of circumstances with regard to India, or are there examples of other countries seeking military advice of the type sought in this case?

[Mr Hague]

It seems to have been unique in the context of operations in the Punjab—this is the only such occurrence the Cabinet Secretary has discovered—but globally there will, of course, have been many other occasions in the 1980s when Governments of other countries asked the United Kingdom for military advice, and occasionally Ministers have to deal with that today, so it is not unusual for a foreign country with friendly relations with the UK to ask for military advice.

North Korea

Robert Buckland Excerpts

Monday 16th December 2013 Commons Chamber

[Mr Robert Buckland (South Swindon) (Con)]

What assessment does my right hon. Friend make of reports of widespread public indoctrination sessions occurring in North Korea? Does that not reinforce the point that greater outside influence must be brought to bear if we are to see change in this despicable regime and change for the people of North Korea?

[Mr Swire]

My hon. Friend will no doubt wish to discuss that at the meeting of the Conservative group on North Korea that I believe is taking place tomorrow. He mentions indoctrination, and I have to say that the levels of indoctrination that go on there are almost surreal—incomparable with any other regime or country in the world. It is truly horrific, with almost every aspect of the Korean people’s lives being the result of indoctrination. That is why, as I said, we maintain an embassy because any chink of light is better than no light at all, but it is a long haul and it is difficult work.

Greenpeace Activists in the Russian Federation

Robert Buckland Excerpts

Wednesday 23rd October 2013 Westminster Hall

[Chris Bryant (Rhondda) (Lab)]

I should start by making a slight correction to my own title for the debate, because this incident did not happen “in” the Russian Federation—a point that I shall come on to.

I shall say first what I am not saying in the debate. I am not saying that Greenpeace activists should have immunity from prosecution wherever they engage in their activities in the world. I am not calling for impunity for people when they take on such activities and, indeed, I do not think that Greenpeace would, either. Part of civil disobedience is that people expect that at some point they will face the criminal law, and I do not think that anybody resiles from that or wants to hide from it.

I am also not saying that Greenpeace is right in its assertions on polar drilling or what the Russians should or should not be doing in the Arctic. I personally have a set of concerns about whether it is possible to drill in heavily icy water—whether it would be possible to clear up a spill—but that is not my argument today at all. I am also not saying anything about the criminal justice system in the Russian Federation, respect for human rights in the Russian Federation or its membership of the Council of Europe and its adherence to the European convention on human rights, although I have said many things on all those matters on many other occasions. That is not the issue before us today.

Let me run through the facts. The first is that, on 18 September, several Greenpeace activists attempted to climb a Russian oil rig owned by Gazprom, the state operator—they had also done that the previous year—so as to be able to hang a great big banner proclaiming their views on drilling in the Arctic. The Prirazlomnaya rig has been there for some time, and Greenpeace has been running a campaign against its presence there. Not immediately but 24 hours later, FSB—the federal security service—operatives, presumably on the command of the Russian state, stormed the Greenpeace ship and seized it, along with the captain and all the crew members, the activists and the two journalists who were on board, and took them all off to Murmansk.

The 28 activists and two journalists were subsequently charged with piracy, which in Russian state law carries a term of imprisonment of up to 15 years. Every one of them was refused bail and, as I am sure right hon. and hon. Members—I note that this debate is very well attended—will know, there are six British people involved. They are Phil Ball, who is a Greenpeace activist and a constituent of the Prime Minister; Kieron Bryan, who is a freelance videographer and a constituent of my right hon. and learned Friend the Member for Camberwell and Peckham (Ms Harman), who is sitting on my right; Frank Hewetson, a Greenpeace activist; Alex Harris; Anthony Perrett; and Iain Rogers, who was the second engineer on the Greenpeace ship.

I think there are some very significant problems with the actions of the Russian authorities. The first is that, as I said, the ship was not seized in the Russian Federation. It was not in Russian Federation state waters. It was in international waters. I know that Russia has sought to declare a 3-nautical mile exclusive economic zone around the rig, but I believe that is not within international law. Quite explicitly, article 60.5 of the United Nations convention on the law of the sea specifies, I believe, that that 3-nautical mile exclusion zone is illegal. But even if it is legal, that does not give the Russian authorities the right to operate in the way that they did, using the level of force that they did, 24 hours after the demonstration on the rig had ended, let alone to seize a ship that is flagged under the Dutch authorities, which is why the Dutch authorities have now made a claim on the ship. Therefore, I think there are significant areas in which, even against their own Russian law, the Russian authorities have not operated correctly.

There is also the matter of the charges that have been brought against the activists. They have been charged with piracy. This country takes piracy extremely seriously. The situation off Somalia has seen the British Navy and British troops engaged in a European effort to root out the significant problems there, and British people have been seized by pirates, so we do not take piracy lightly at all. But even President Putin says that it is completely obvious that the activists are not pirates. I am quoting his direct words. He said that

“it’s completely obvious they aren’t pirates.”

Mikhail Fedotov, the chair of the presidential human rights council, which advises the President on human rights issues in Russia, has also said that they should not be prosecuted for piracy.

I believe there is a very good reason why these people should not be prosecuted for piracy. It is not only that we undermine the law on piracy around the world and the efforts to tackle piracy if we call people pirates when they are not in any sense pirates. It is also that we have only to look at the United Nations convention on the law of the sea, which says specifically in article 101:

“Piracy consists of…any illegal acts of violence or detention, or any act of depredation, committed for private ends by the crew or the passengers of a private ship or a private aircraft”.

The key element in that is “for private ends”. That does not mean prosecuting a campaign. It means “for personal, private, financial or monetary gain”. There is no allegation that that is the situation in this case. For that matter, the article says that there has to be an illegal act “of violence or detention”. Greenpeace engaged in no such act of violence or detention.

[Mr Robert Buckland (South Swindon) (Con)]

rose—

[Chris Bryant]

Of course I will give way. The hon. Gentleman is a lawyer, so I am sure he will be able to help.

[Mr Buckland]

The article also talks about acts against ships or aircraft. I do not think that the definition of an oil rig falls within that ambit. There are also huge questions about the moral dimension to the use of piracy charges against these protesters.

Oral Answers to Questions

Robert Buckland Excerpts

Tuesday 23rd April 2013 Commons Chamber

[Mr Hague]

It is important for us to keep up the work and the pressure on those subjects, which I discussed last week with one of the President of Burma’s most senior Ministers and advisers—a Minister of the President’s Office. In particular, we discussed addressing the stateless position of the Rohingya people. The UK and other EU countries have a role to play in offering police training in dealing with ethnic violence. Keeping up the pressure on human rights issues will be part of the EU’s continuing approach.

[Mr Robert Buckland (South Swindon) (Con)]

T1. If he will make a statement on his departmental responsibilities.

[The Secretary of State for Foreign and Commonwealth Affairs (Mr William Hague)]

On Saturday, I met Friends of Syria ministers in Istanbul, where the Syrian National Coalition issued its clearest statement yet of its support for a political solution to the conflict, its commitment to a future for all Syrians, its rejection of all forms of terrorism and extremism, and its responsible approach on chemical and biological weapons. In return, the nations present undertook to strengthen their support for the Syrian opposition.

[Mr Buckland]

I thank my right hon. Friend for that reply. Britain’s relationship with Germany is one of the most important aspects of our influence within the EU. Will he outline how he and his Government have engaged with Germany, and how they will do so in future?

[Mr Hague]

My hon. Friend makes a good point. Compared with the last year of the previous Government, we have nearly quadrupled the number of ministerial and senior official bilateral visits to Germany each year. We have established joint meetings twice a year of the British-German ministerial committees on the EU. I have made many visits to Germany, and as my hon. Friend knows, the Prime Minister works extremely closely with Chancellor Merkel. I believe it is right to say that we now work more closely with Germany than any previous Government.

Sergei Magnitsky Case: Visa Restrictions

Robert Buckland Excerpts

Tuesday 16th April 2013 Commons Chamber

[Mr Robert Buckland (South Swindon) (Con)]

I am very glad to have the opportunity through an Adjournment debate to raise further the case of Sergei Magnitsky. I am grateful to hon. Members and my hon. Friends for joining me to support a case of continuing concern that involves not only the reputation of Russia but by necessity the response that we as a nation make to this scandal. I am very grateful that my right hon. Friend the Minister for Europe is here to listen and respond.

I should remind the House that Sergei Magnitsky was a Russian lawyer whose incarceration and death at the hands of the Russian authorities remains a standing reproach to that regime. He met his fate for raising the alarm about a $230 million fraud committed against the Russian state by its own officials. Mr Magnitsky would have been 41 on 8 April, not a dissimilar age to me. I am a fellow lawyer. I was able to practise without fear or favour. He was not.

Just over a year ago, the House debated the issue and took that opportunity to call for the Government to take action to target those individuals who are implicated in Mr Magnitsky’s death, and to take action in the form of visa and capital restrictions. A number of us called upon the Government to follow in the footsteps of, among others, the United States Senate by passing legislation to enact visa bans.

What has happened since then? In Russia things have gone from bad to worse. In March this year the Russian authorities closed the investigation into Mr Magnitsky’s death, having found that no crime had been committed, despite the findings of two independent domestic commissions. The Russian authorities also announced that they found no evidence of a link between Mr Magnitsky’s arrest and death in custody and his testimonies implicating Government officials in the theft of moneys from the Russian Treasury. Last month the Russian authorities finally launched a posthumous trial against Mr Magnitsky, the first in Russian history. That is not only an offence to natural justice but something truly out of the theatre of the absurd.

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

Will my hon. Friend confirm that anyone who puts the words “Russia”, “untouchables” and “Sergei” into a search engine will find the full documented history of what can be proven from Russian documents themselves?

[Mr Buckland]

I am grateful to my hon. Friend, who is absolutely right. Once again, Google manages to set in stone important words that lead inexorably to a wealth of evidence linking individuals to the unlawful killing of that lawyer.

I was saying that Mr Magnitsky’s trial is truly out of the theatre of the absurd. In fact, it is redolent of the ninth century, when a posthumous trial of a pope was held by his successor—Pope Formosus was already dead when he was tried for his crimes. We have moved on 1,100 years, but Russia seems to be going backwards.

Outside Russia the situation has also moved on. In December last year President Obama signed into law the Sergei Magnitsky Rule of Law Accountability Act, which removes United States travel and banking privileges from those identified as involved in the persecution and eventual death of Mr Magnitsky. It also penalises those involved in the fraud uncovered and other human rights abuses. I was pleased to learn that only last Friday the United States Treasury publicly listed the first 18 Russian Government officials to be banned from the United States under that law.

[Penny Mordaunt (Portsmouth North) (Con)]

I thank my hon. Friend for giving way and for securing this important debate. Does he agree that although our relations with Russia are complex and delicate, we should never shy away from condemning human rights abuses and removing privileges from those associated with them?

[Mr Buckland]

I entirely agree. That sums up the thrust of the approach that I believe we should be taking in this case.

The European Parliament passed another resolution on the Magnitsky case in October last year, recommending that sanctions be enacted on the Russian officials concerned following the lack of progress in Russia and what we now know to be the effective closure of their investigation. In this House, the Foreign Affairs Committee has issued recommendations asking for the list of banned human rights violators to be made public, with specific reference to the Magnitsky case.

[Nadine Dorries (Mid Bedfordshire) (Con)]

I wonder whether my hon. Friend is going to highlight that America has gone much further in both addressing the problem and doing something about it. Will he call for similar action to be taken in this House?

[Mr Buckland]

I am grateful to my hon. Friend. Indeed, I have referred to the Act of both Houses of Congress, so it is clear that the United States has gone down the legislative route and is taking action. That is something I urge the UK Government to consider very seriously. There are two ways of doing that: either passing legislation or using existing powers to deny visas to those who are implicated. I will return to that point shortly.

I am also heartened that many legislators in the French, Swedish and German Parliaments have taken the opportunity over the past year, as we have done, to debate and condemn the scandal emerging from this disturbing case. The Under-Secretary of State for Foreign and Commonwealth Affairs, my hon. Friend the Member for North East Bedfordshire (Alistair Burt), offered some reassurance in the debate last year that the UK Government have expressed many times to the Russian Government their serious concerns about the situation, and I accept that the Government take human rights issues very seriously when considering our relations with Russia.

I also note that the Government said that they felt it best to wait to see how other countries such as the United States reacted and responded before we made any final decisions. Well, action has now been taken: other countries have moved on this. Not only that, but the situation has worsened dramatically, in the absurd, farcical way that I have outlined. We cannot stand on the sidelines any more. It is time that we took action, either in the form of legislation to enact our own visa restrictions against those involved in this grave injustice or through Executive action on a case-by-case basis to deny visa applications when made.

I have several questions for my right hon. Friend to which I know that he will do his best to respond. First, with regard to activities here in the United Kingdom of anyone implicated in this scandal, is an investigation under way, and what steps have been taken and what progress made?

Secondly, what is the status of the investigation into the sudden and unexplained death in Surrey some months ago of Alexander Perepilichnyy, a 44-year-old Russian business man who was linked as a witness to this scandal and who suddenly died in what can only be described as unexplained circumstances?

Thirdly, will the Government consider, on a case-by-case basis, the list of 280 persons that United States Congressman Jim McGovern has submitted to the US State Department detailing their role in this scandal, along with links to documents? Will the Government consider whether to issue those mentioned on that list with a ban forbidding their entry into the United Kingdom, in accordance with the policy that denies entry to known human rights abusers? Fourthly, will the Government support the European Parliament’s call to remove EU visa and banking privileges from the officials involved in the Magnitsky case?

I understand the diplomatic complexities that we face in poking a stick into a hornets’ nest, and I know how important our emerging trade relationship with Russia is. Russia has an important role to play, whether it is to do with the balance of our economy in Europe, with regional security, or with wider global security. None the less, it is simply not tenable for us to turn a blind eye to this situation. I accept that approaching it in a heavy-handed manner would perhaps be inappropriate, but we should make it crystal clear that we are not seeking to intervene in the judicial processes of another country but maintaining our right, as a free country, to criticise constructively and to operate our borders in a way that we see fit.

We should carefully enact visa restrictions so as to penalise those who are clearly linked to this and, indeed, other human rights violations in Russia. I believe that this would have a measurable impact on the lifestyles of many members of the Russian elite who come to London because it is an attractive city in which to stay and in which to shop. I ask this simple question: why should these people be allowed to shop when this injustice remains unaddressed?

[Paul Flynn (Newport West) (Lab)]

The hon. Gentleman is to be warmly congratulated on the subject of this debate. Does he not think, though, that his party would be better working in groups such as the Christian Democrats, its natural home, rather than being allied with groups that often contain many members of Putin’s party and other right-wing parties? Would that not be a way forward for his party so that it could attack these injustices with greater independence and vigour?

[Mr Buckland]

The Conservative party is not a sister party of United Russia. I accept that some work is done in the Council of Europe, but it would be unfair to say that we are in any form of grouping with that party. Many Conservative Members would regard such an association as inappropriate and undesirable, and that gives us, as Conservatives and as freedom-lovers, the leeway and the freedom to make the points that my hon. Friends and I seek to make.

[Sir Peter Bottomley]

Put simply, this is an issue not of party blocs, but of right and wrong. As the leader of the delegation of British MPs to the Parliamentary Assembly of the Organisation for Security and Co-operation in Europe, I was pleased that we raised the issue of Sergei Magnitsky at a meeting. The leader of the Russian delegation, Mr Nikolay Kovalyov, who is a member of the Duma and a former director of the FSB who was succeeded by Vladimir Putin, listened with interest and respect to what we said. We did not get what we wanted from the Russian delegation, but I think they understand that Russia will be judged in part by how it turns from looking at Sergei Magnitsky—the person who tried to defend Russia—to looking at the persons who have stolen money from the Russian people themselves.

[Mr Buckland]

I am extremely grateful to my hon. Friend. Like him, I have had the opportunity to address some of these issues directly with Russian politicians who have visited this place and sought a dialogue. It is important that none of us shies away from using every opportunity to raise difficult issues and to challenge in a proper way.

[Jim Shannon (Strangford) (DUP)]

rose—

[Mr Buckland]

I will give way one last time.

[Jim Shannon]

I thank the hon. Gentleman for giving way; I asked him beforehand if he would agree to it. Has he considered whether the Government and the Minister could address the issue of the assets of those involved who may be in the United Kingdom? That might be a way of making them accountable for their past misdemeanours.

[Mr Buckland]

I am grateful to the hon. Gentleman and think that that option should be considered. This issue does not stop at visas; capital restrictions would be a real way of hitting these people where it hurts. To return to my earlier point, it is a matter of reproach that such people are allowed to be economically active in our country while a glaring injustice remains unaddressed.

A huge fraud was committed against the people of Russia by their own officials. I am sure that if they wished to unravel this financial conspiracy they would have our full-throated support and co-operation, but in the absence of such an acknowledgement and action it is only right that Britain sends a clear message to those implicated in this scandal that we are on the side of justice and that those who do not share those values do the eternal name of Russia no service and are not welcome here.

Europe

Robert Buckland Excerpts

Wednesday 30th January 2013 Commons Chamber

[Andrea Leadsom]

I completely agree with my hon. Friend. It is essential that Britain co-operate fully with the EU on matters of crime and policing. I will come on to that, because it is one of the recommendations in the Fresh Start manifesto that Britain repatriate its competency in that area. In other words, Britain can envisage a scenario where we co-operate fully with the EU, but do not necessarily have to opt in to directives that cannot then be changed under qualified majority voting and are subject to European Court of Justice oversight. It is perfectly possible for Britain to repatriate crime and policing without having to give up its sovereignty in that area.

[Mr Robert Buckland (South Swindon) (Con)]

On that point, is it not important that, if we can get proper negotiation on proportionality, we can make the European arrest warrant work for serious crimes while avoiding the sorts of abuses about which we all have concerns ?

President Mohamed Nasheed

Robert Buckland Excerpts

Wednesday 7th November 2012 Westminster Hall

[Mr Robert Buckland (South Swindon) (Con)]

I congratulate my hon. Friend on securing this debate and pay tribute to her tireless work for democracy in the Maldives. Are not the current Government in the Maldives placing themselves in a supremely ironic situation? They criticise the former President for interfering with the judiciary, and now it seems they are using judicial processes to frustrate a free and fair election. Is not the message we need to send to them that the guarantee of a true democracy is an independent judiciary, and that they had better make sure that is so?

[Karen Lumley]

My hon. Friend makes a very valid point, which I know my hon. Friend the Member for Salisbury (John Glen) will address in his speech.

We are all very proud to be part of the Commonwealth family and the Commonwealth must stand up for its newest democracy, the Maldives. I urge the Minister and our Government to apply whatever pressure they can to the Maldivian Government and the Commonwealth to ensure that a great man and a democrat can get on and do what he does so well: campaign for democracy to return to the Maldives. I look forward to hearing the Minister’s response.

Oral Answers to Questions

Robert Buckland Excerpts

Tuesday 30th October 2012 Commons Chamber

[Mr Lidington]

We always try to make it clear in our conversations with the Turkish Government at both ministerial and official level that it is important that Turkey continues to make progress towards political reform and full implementation of the rule of law measures that we all want to see. I hope that the discussions between the Turkish political parties on a new constitution take us several steps forward. I would be happy to talk to the hon. Gentleman further about the particular case that he has described.

[Mr Robert Buckland (South Swindon) (Con)]

Will my right hon. Friend update the House on developments in Somalia?

[Mr Hague]

Yes, absolutely. We welcome the election of a new President of Somalia, to whom I spoke directly after his election. The new Under-Secretary, my hon. Friend the Member for Boston and Skegness (Mark Simmonds), has already visited Somalia with the International Development Secretary. Important progress has been made since the London conference on Somalia, with a reduction in piracy, al-Shabaab in military retreat, and now a new and legitimate President. The United Kingdom will continue its strong support for these developments and the international leadership that we have given in relation to them. We will place just as much emphasis on Somalia in the coming year as we have in the past year.