(12 years, 2 months ago)
Westminster HallWestminster Hall is an alternative Chamber for MPs to hold debates, named after the adjoining Westminster Hall.
Each debate is chaired by an MP from the Panel of Chairs, rather than the Speaker or Deputy Speaker. A Government Minister will give the final speech, and no votes may be called on the debate topic.
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It is always a great pleasure to serve under your chairmanship, Mr Williams. I look forward to the debate you will be leading later, although I doubt whether I will be able to take part.
I pay tribute to the hon. Member for Leicester South (Jonathan Ashworth), who has done a great service by enabling the House to show itself in its finest tradition by speaking up for a minority in a distant part of the world that finds itself greatly persecuted and its human rights violated. I also thank hon. Members who, through other parliamentary processes such as parliamentary questions, have enabled Ministers to put on record their approach to this problem.
I was not aware of the extent of the issue until recently, but, unfortunately, the pattern with the Rohingya in Burma can be seen across the world. Minorities often find themselves isolated in their own country. Where a minority has a different ethnicity, sometimes visibly so, from the majority, where a minority follows a different religion or religious practices from the majority or where a minority has a different language from the majority, the majority, feeling under pressure, often exhibits frustration that manifests through oppression and violence against the minority, even though the minority might not be the cause of the problems perceived by the majority.
Through hon. Members’ efforts, Ministers have put on record the approaches that they have made to the Burmese and Bangladeshi Governments. Although those overtures are on record, what have been the Governments’ responses? To reinforce the questions asked by other hon. Members, how can the United Nations best use its influence to enable peace and reconciliation in that part of the world? What can be done about the refugee status of the Rohingya in Bangladesh? Can the Foreign and Commonwealth Office and the Department for International Development do anything more to support those people in difficult circumstances?
The Rohingya community has historically and effectively been made stateless by the actions of the Burmese and Bangladeshi Governments. They are now being persecuted without redress, save for the efforts of the United Kingdom Government and international agencies such as the United Nations. I congratulate the Minister on his new position and urge him to use it to make the most of the channels available to the Government to resolve the problem.
(12 years, 2 months ago)
Commons ChamberLegal processes are necessary for the return of any money that has been frozen in the United Kingdom as a result of sanctions. We are continuing to work closely with the Egyptian authorities, and we are providing support to ensure that they have the necessary expertise to navigate through British legal processes. We want to ensure that money that rightfully belongs to those in Egypt who have rightfully reclaimed it is indeed returned.
3. What recent assessment he has made of the security situation in Mali.
We are very concerned about the current situation in Mali, particularly in the north of the country, where violent extremist groups including al-Qaeda in the Islamic Maghreb have taken advantage of the instability to consolidate their position. We will continue to work very closely with key international partners, especially France, to support the region in its efforts to restore political stability and security to the country.
I pay tribute to two charities in my constituency which do excellent work in Mali. May I ask the Minister to encourage the Economic Community of West African States, and in particular Senegal and Algeria, to work with what remains of the democratically elected Government in seeking a peaceful solution before military intervention is considered?
I join the hon. Gentleman in paying tribute to those non-governmental organisations. I entirely agree with him that the situation is very fraught, but the good news is that President Traore has come back from Paris, and there is now a Government of national unity which is truly inclusive. The most important consideration is that ECOWAS must help to secure the state institutions in Bamako and then rebuild the capacity of the Malian army before even thinking about taking any action against the rebel groups in the north of the country.
(12 years, 4 months ago)
Commons ChamberI will happily write to my hon. Friend, but I point out to him that just because a case does not involve a British company as one of the parties does not mean that the case is insignificant to British business interests. There might well be a case involving parties from other member states the outcome of which made a considerable difference to the opportunities available to United Kingdom companies.
The Minister is making a powerful case that the interests of UK business are best served when we have an efficient and properly resourced system of law. There is also the fact that many of the judgments have been delayed, which is to the great detriment of British interests as far as business is concerned.
We can debate, as my hon. Friend the Member for Hertsmere (Mr Clappison) does so robustly, whether the European Court of Justice should enjoy such widespread jurisdiction. However, what we are talking about is how we should address the problems in the system as it currently exists under treaty—the backlogs and delays, both at first instance and appeal. A system of courts in which justice is denied simply because the system is unable to cope with its work load is not in anybody’s interests.
A court of law and legal system should serve the interests of parties to that legal system. I go back to the old English adage that justice delayed is justice denied; my hon. Friend will be familiar with that and no doubt champion it as a matter of principle. I would argue that that principle should apply on a European level as well as on a United Kingdom or English level.
The reforms that we are discussing involve, first, the creation of a vice-president to assist the president of the Court in their role of managing litigation and overseeing the business of the Court. The vice-president will be appointed from among existing judges; an additional judge will not be required.
Secondly, there is to be an increase in the number of judges sitting in the Grand Chamber of the European Court of Justice, which generally handles the most sensitive cases. That is to allow broader participation by ECJ judges in general in Grand Chamber cases. It should increase the wider expertise of the Court and ensure greater consistency in how cases are handled. Thirdly, the reforms propose a reduction in the number of presidents of five-judge chambers who have to sit in the Grand Chamber at the same time. That will allow the chamber presidents more time to administer their separate chambers, each of which handles a substantial case load that should, as a consequence of this reform, be enabled to progress more quickly.
The reforms also include the power to appoint up to three temporary judges to the civil service tribunal, which is the employment tribunal for European Union officials. The problem with the tribunal at the moment is that it has only seven judges, which means that if even one judge is absent for a lengthy period, perhaps because of illness, cases can be delayed. Appointing temporary judges will prevent those delays from occurring. The temporary judges will be appointed from a panel of former judges of the European Court and will be paid only for the days that they actually work; they will not be on a long-term retainer or salary.
Finally, there is a key reform to the lower court, the General Court, which has a substantial backlog of cases. As is proposed for the ECJ—the upper tier—a vice-president will be created for the General Court, again from among the existing judges, to assist the president in managing litigation.
The Government have been active in negotiating the details of these reforms, and I am glad to say that because of our efforts two potential reforms about which we had concerns that we explained to the European Scrutiny Committee have now been removed. One of those was the proposal to remove the 10-day so-called period of grace granted to litigants to submit pleadings to the ECJ over and above the standard deadline period. We and other member states argued that removing the period of grace would harm our ability to submit pleadings and damage our national interest. We have protected the period of grace and ensured that not only the Government but, importantly, British businesses that may be party to ECJ cases have the maximum possible time to submit pleadings to the Court.
The other potential reform was the addition of 12 judges at the General Court. The Council has concluded that that reform requires further consideration and should be reserved for a later date. The rationale for the proposal was, again, the substantial backlog of cases—currently more than 1,300—at the General Court. It was also, in our view, very important that the reform was got right. We wanted to ensure that the arrangements for appointing any new judges are fit for purpose and that any increase in the number of judges should be consistent with the requirement for minimal spending in the current economic climate. We argued that any increase in the number of judges should go hand in hand with a programme of efficiency savings in the ECJ’s budget. The removal of the reform from the package at this stage is in line with our interests, but we may return to it at a future date.
Was there a suggestion that specialist chambers be set up to deal with particular issues? Has the case for that not yet been made?
The idea of specialist chambers is indeed another proposal that came up in the course of negotiations.
All member states have now accepted that there will need to be further consideration of what could be done further to improve the efficiency of the Court in the longer term. A new group has been set up among officials representing the 27 member states to discuss and recommend potential reforms and, in particular, to address the backlog at the General Court. The group’s remit will include an examination of the potential increase in the number of judges and the way in which such judges might be appointed. I can assure Members that the Government will be an active participant in the group, and we shall argue that any reforms should be based soundly on concrete evidence. We will also finalise our policy on the appointment of any additional judges in the context of the broader discussion about the search for efficiency and reduced spending in the ECJ and in European Union institutions as a whole. It goes without saying that the Government will ensure that the House and, in particular, the Chairman and members of the European Scrutiny Committee, are kept briefed on developments.
At present, the reforms on the table are modest, but they support the Government’s objectives of trying to increase the efficiency of the European Court of Justice and pave the way for more significant reforms to the General Court at a later stage. On that basis, I commend the motion to the House.
(13 years, 8 months ago)
Commons ChamberT9. Brazil has one of the most rapidly growing of all global economies. Unfortunately, a visit by the Deputy Prime Minister and another Foreign Office Minister had to be postponed. When are there plans to meet the new President of that very important country?