Council of Europe (UK Chairmanship)

Debate between Roger Gale and Michael Connarty

Thursday 27th October 2011 Commons Chamber

[Mr Roger Gale (North Thanet) (Con)]

I wish to touch briefly on three issues. The first relates to the European convention on human rights, which is the first priority listed on the briefing paper issued by the Government on the UK’s chairmanship of the Council of Europe. Article 5 of the convention sets out the right to freedom. Article 6 sets out the right to a fair trial. A constituent of mine has been held in prison in Malta for more than two years. Another constituent has just faced a highly questionable trial in Lille in France, and he was held for two years before the trial without any right to freedom. Malta and France are both signatories to the convention on human rights.

When I started to look into the background, I wrote to the Foreign and Commonwealth Office to request a breakdown of the number of UK citizens who have been held for more than 10 months without trial in countries that are signatories to the convention on human rights and members of the Council of Europe. Initially, those at the FCO said that they did not have a breakdown for all 47 countries and that it would be unreasonable to expect them to do all that work because it would be very expensive. However, not wishing to be unhelpful, they asked me to name the countries I was interested in. I named four: Greece, Spain, France and Malta—the latter two for obvious reasons. It was a freedom of information request and they complied with it.

Malta is holding five UK citizens who have been in prison for more than 10 months without trial, and Malta is a signatory to the convention on human rights. France is holding 12 UK citizens who have been in prison for more than 10 months without trial, and France is a signatory to the convention on human rights. Indeed, my constituent was held in France for more than two years. Spain is holding 43 UK citizens who have been in prison for more than 10 months without trial, and Spain is a signatory to the convention on human rights. Article 5, which sets out the right to freedom, is being breached by these countries. The FCO said that it could not specify the number of UK citizens being held in Greece because that number was so small that doing so could identify the person concerned. I did not quite understand that, but the fact of the matter is that Greece is also clearly in breach of article 5.

In the case of the constituent who was tried in Lille last week, I maintain that article 6 has been breached because I do not believe that he has had a fair trial. In fact, I am afraid that his situation was probably worsened by the intervention of a British Member of Parliament seeking to bring about the trial. The man has been sentenced to five years in prison, fined €10,000 and asked to repay something akin to the debt of Greece—€5 million. He does not have that because he has lost his home and his family; he has lost the lot.

During the UK’s chairmanship of the Council of Europe, I want the Government to hold to the fire the feet of each and every country that is a member of the Council and is holding UK citizens, or any other citizens for that matter, for long periods of time without trial. It is a clear breach of the convention. Many of those countries, France in particular, are preaching to the United Kingdom and trying to tell us that we must give prisoners voting rights. We had that debate in this Chamber and reached a sovereign decision as a sovereign Parliament. I explained that in person to the Human Rights Commissioner, Thomas Hammarberg, the last time we were in Strasbourg. I said, “Tom, you must understand that this is a sovereign Parliament. This is not a Government decision, but a decision taken in the House of Commons by elected Members. We have decided that we do not believe that we have a duty to give convicted prisoners voting rights.” While that is an issue, we are told that other countries can hold citizens without trial for very long periods in breach of the convention.

I would like my right hon. Friend to take to the chairmanship and to Ministers this clear issue and say that we will not budge one inch until every country holding any citizen for an indeterminate period without trial has complied properly with the convention.

[Michael Connarty]

I just want to get the hon. Member to clarify and put on the record the fact that all of these countries have not only signed, but ratified and implemented the convention, because there are many countries who sign conventions, never ratify them and never, therefore, implement them.

[Mr Gale]

I am grateful to the hon. Gentleman, who is absolutely right. The implication is that because we have signed the convention, we are implementing it. My understanding is that Malta, Spain and France have implemented it, but I am open to challenge on Greece— I ought to know but do not. France certainly makes a big issue of the situation and is very communautaire, just as long as it wants to be, but on this issue it is in clear breach and needs to be told that it is.