Sergei Magnitsky Case: Visa Restrictions

Debate between Robert Buckland and Nadine Dorries

Tuesday 16th April 2013 Commons Chamber

[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?