Deep Sea Mining Bill

Russell Brown Excerpts

Friday 6th September 2013 Commons Chamber

[Philip Davies]

My hon. Friend makes a good point, and I hope that such detailed questions, which go way beyond my sphere of expertise, will be covered by the Minister. He has much more expertise in these matters than me, and I have hopes that he will be able to cover much of this ground in more detail than I could.

Environmentalists are also concerned about pollution of the deep sea, which they say is likely to occur from deep-sea mining activities as the ocean currents may carry sediments and toxic pollution far from the area of mining activities to areas of fishing, which would potentially have a terrible impact on fishing levels. However, it is worth quoting from a magazine that I am sure is read by many Members called Mining Weekly—I am sure you are a regular reader of it, Mr Speaker, so you will be able to correct me if what I say is wrong. The environment principal and marine ecologist for De Beers, Dr Patti Wickens, said:

“An environmental-impact assessment was undertaken in the early 1990s to assess the impact of offshore diamond mining on the seabed in Namibia. It was found that while mining activities alter the nature of the seabed landscape or habitat, this effect is not permanent.”

We should bear that point in mind: there may be some changes, but they will not be permanent, and the habitat will return to its normal state after the mining ceases in an area. I hope that gives comfort to those with concerns.

[Mr Russell Brown (Dumfries and Galloway) (Lab)]

I agree to a certain extent with what the hon. Gentleman says, but what if the damage is so significant that the environment cannot repair itself as he blandly indicates? Is there not a real risk that damage may not be reparable?

[Philip Davies]

I am grateful to the hon. Gentleman for giving me more credit than I am due. I was not claiming anything; I was merely quoting what a principal marine ecologist said. I would not wish the hon. Gentleman to think that was my theory. I would not want to claim credit for what Dr Patti Wickens said in Mining Weekly. I can only refer him to her if he wants to argue the case. I suspect he will get much further if he argues the toss with her rather than me. I will leave on the record what she said, however, and people can make their own minds up as to whether the hon. Gentleman or Dr Patti Wickens knows more about this subject. That is a judgment we will all have to make at some point.

The deep-sea bed is defined in the schedule as an

“area of the sea bed situated beyond the limits of national jurisdiction of the United Kingdom or any other State”.

The main marine mineral content of interest is manganese nodules, manganese crusts and seafloor massive sulphides. Two metallic mineral resources of the deep-sea floor incorporate dissolved metals from both continental and deep ocean sources. One of these is what my hon. Friend the Member for South East Cornwall—and, I think, my hon. Friend the Member for Bury North (Mr Nuttall)—described as golf ball-sized polymetallic modules. I have heard them described as “golf-to-tennis” ball size, but I am not sure whether there is any mileage in arguing about the size, as we know what we are talking about here.

These nodules precipitate from sea water over millions of years on sediment that forms the surface of the deep ocean. It is understood that they require the undisturbed conditions which are found in areas of the deepest oceans. That serves to highlight again the environmental point that the undisturbed conditions are what is important. To clarify:

“Polymetallic massive sulphides are types of minerals discovered in the oceans in 1979 that were previously known only from deposits that have been mined on land since pre-classical times for copper, iron, zinc, silver and gold.”

Rather than get bogged down in all the science, which my hon. Friend the Member for Bury North covered in some detail, I will focus on some of the impacts of this proposed legislation and ask some questions, which I hope the Minister may be able to answer.

The history is important. The oceans had long been subject to a freedom of the seas doctrine, a principle dating back to the 17th century essentially limiting rights and jurisdiction over the oceans to a narrow belt of sea surrounding a nation’s coastline. The rest of the seas were proclaimed to be free to all. That seems to me to be a sensible doctrine. It has been challenged by some countries, however, which have tried to claim the rights to certain seas beyond what international agreement indicates.

--- Later in debate ---

[Mr Russell Brown (Dumfries and Galloway) (Lab)]

It is a privilege to follow the hon. Member for North East Somerset (Jacob Rees-Mogg). With you having appeared on the scene, Mr Deputy Speaker, I thought that he was about to take a second crack at the whip—

[Mr Deputy Speaker (Mr Lindsay Hoyle)]

He would have been all at sea.

[Mr Brown]

I suspect that he would have been.

I congratulate the hon. Member for South East Cornwall (Sheryll Murray) on introducing her private Member’s Bill this morning. Like many others in the House, I fully understand her passion for all things maritime. She is steeped in the very issue. The Bill would amend the Deep Sea Mining (Temporary Provisions) Act 1981. Like one or two others in the House this morning, I knew very little about deep-sea mining until I discovered that I would be at the Dispatch Box this morning. I thank the House of Commons Library for producing a standard note, which has been used by other Members this morning and which was my starting point.

I want to make clear my interest in the environment and that I make a monthly contribution to the WWF, but I say to those on the Government Back Benches that that does not colour my position. It is a contribution that I make to the WWF, not one that it makes to me. It does not lobby me in any shape or form; let me be frank about that.

I had breakfast this morning with an expert, my hon. Friend the Member for Ellesmere Port and Neston (Andrew Miller), who is chair of the Parliamentary and Scientific Committee. Members present may be interested to know that the committee will undertake a programme of work during the autumn and bring in experts to examine the issue of deep-sea mining. Back Benchers who have spoken this morning may wish to attend those sittings.

Just because we cannot see something does not mean it is not precious. There is much going on down in the depths of the seas and oceans, and as I said earlier, if we do things in a radical way we could do damage that can never be repaired. I believe that we should explore—I do not know whether exploitation is the right word, because it worries me—what could be of benefit to mankind. That is what this is all about: we have explored space, so why not explore the depths of the oceans as well?

We must, however, be measured in our approach. My hon. Friend the Member for Brent North (Barry Gardiner) completed a quote that the hon. Member for Bury North (Mr Nuttall) gave earlier by pointing out that we have to be “reasonably practicable”. As a trade unionist, I know that the Health and Safety at Work etc. Act 1974 is littered with the term “reasonably practicable”.

I would like to think that we have moved on since the Deep Sea Mining (Temporary Provisions) Act 1981, which is the very reason why the hon. Member for South East Cornwall has proposed the Bill. It is 30-odd years later and I know that the hon. Member for Bury North will be wondering why the Labour party has changed its mind. We need clarification—perhaps the Minister will provide it—on how many applications have been made for licences and how many have been refused, and on the important issue of how we will police the companies that have secured them. I will not be anywhere near as radical as the hon. Member for North East Somerset, because I think we need some kind of control over what is happening. Our environment is precious not only to us, but to those who will come after us.

[Mr Nuttall]

On the question of policing, does the hon. Gentleman think that the present provision in section 11 of the 1981 Act, which gives the Secretary of State the power to appoint inspectors to assist in the execution of the Act, is satisfactory?

[Mr Brown]

I thank the hon. Gentleman for that intervention. It raises the question of how the inspectors carry out their work. It brings to mind the old adage, “Out of sight, out of mind.”

[Barry Gardiner]

I am sure that my hon. Friend will understand that the provision of inspectors relates more to the other functions under the 1981 Act, whereby certain minerals could be made available to the Secretary of State and the Government for inspection so that there was a clear understanding of the quantities and qualities of the minerals that were being mined. I think that that is the inspection regime that was envisaged in section 11, not going down to the sea floor and seeing how the mining was being carried out.

[Mr Brown]

My hon. Friend is absolutely right to provide that distinction. Again, without wishing to put pressure on the Minister, perhaps he will be able to give the history of what has been done.

Greenpeace, as quoted in the standard note, draws attention to

“the rapid increase in license applications being made to the International Seabed Authority to exploit the mineral resources found in international waters.”

It also states:

“If seabed mining is allowed to go ahead without a comprehensive system of environmental protection in place we may be destroying species forever before they have even been scientifically described.”

The hon. Member for South East Cornwall gave an explanation of what Greenpeace is talking about. There are things down there that have not yet been determined or detected.

Let me make it absolutely clear that the Opposition will not oppose the Bill. However, as was said earlier, we would like certain parts of the schedule to be improved. The Bill is about the protection of our environment and the opportunity to use the resources that are there for this nation—I am sure that the hon. Member for North East Somerset would agree with that. We should be able to fully utilise what lies in the murky waters of our seas and oceans, but we must consider the manner in which that is done.

[Mr Nuttall]

I am listening carefully to the hon. Gentleman. Does he think the primary responsibility for the crucial task of setting the level of environmental protection should lie with this House or the ISA?

[Mr Brown]

At the end of the day, we are passing legislation that must meet the needs of mining companies and other businesses not just in this country, but elsewhere. We should definitely be looking at what best meets the needs of the UK, but we cannot ignore what is going on internationally.

To conclude, I wish the hon. Member for South East Cornwall well in taking the Bill through Committee. I do not know whether her Back-Bench colleagues who are in the Chamber today will assist her with it as it progresses to its next stage, but if Opposition Members in the Committee table amendments—I know that only one has turned up today to take part in the debate—I hope that she will take them on board, because they will be intended not to destroy it but to improve it. I wish her well in the Bill’s next stage.

--- Later in debate ---

[Alistair Burt]

Thank you, Mr Deputy Speaker.

The procedures for handling applications to explore for minerals on the deep sea bed are set out in the regulations adopted by the authority—one set for each type of minerals, polymetallic nodules, polymetallic sulphides and cobalt-rich crusts. The applicant makes an application to the authority, and pays the fee of $500,000. But as we have indicated, there is a certificate of sponsorship from the state party concerned; it is stipulated in the convention that all applications must be sponsored by a state party.

Because of the concerns voiced about environmental protection, I have taken the liberty of obtaining a copy of the two applications for licences that we have made under that sponsorship. The House will be pleased to know that in both, the issue of environmental standards is put forward by a representative of the United Kingdom, who makes the application on behalf of the company being sponsored. So environmental protection is at the heart of the application that is made by the United Kingdom when sponsorship applications are made.

[Mr Russell Brown]

For clarity, would the Minister be prepared to put copies of those documents in the Library for other Members to inspect, should they wish?

[Alistair Burt]

I do not know yet, because these are applications relating to commercial companies. I will check. My understanding is that when the application is made to the ISA, there is a nomination process which is led by a speech or a recommendation by the representative of the sponsoring state, to explain that it backs the application. So the document relates to a specific company. I genuinely do not know whether these are public documents. If they are, I do not think there would be any problem, but I must check.

However, I do not think there would be any problem in my reading out the appropriate section in one of the applications. It states:

“As was made plain last year—and indeed the United Kingdom has said on a number of occasions in the Assembly and the Council—the United Kingdom is committed to ensuring the highest environmental standards for companies which it sponsors under Part XI.”

Again, our experts have looked at the application by this particular company and are entirely satisfied that the company will be applying the highest environmental standards. I know from my personal contacts with the company that they feel equally strongly about the need to do so.

So not only is there a pledge on behalf of the United Kingdom Government, and accordingly we can be held to that, but there is a recognition, because it is a narrow field and people know one another, of the importance of it personally to those involved. I say that simply to give a sense of how seriously environmental protection is taken; the House need not be worried that it is glossed over in any way.

The standard clauses for exploration contracts granted by the ISA are also covered by published documents, which set out what environmental monitoring is necessary. Those documents are available. We might talk to the Library about making any of these documents available before the Committee, so that Members will see what the ISA says, what we say, and so on. I hope that that will help.

Having made the sponsored application, the applicant makes a presentation to the legal and technical commission of the authority. As I have said, in the case of applications sponsored by the United Kingdom, the Government send representatives to speak during the presentations in the legal and technical commission, to demonstrate not only our support for the applications but the responsibility that we take as a Government for them. I hope that is reassuring. After approval by the legal and technical commission, the applications are forwarded to the council.

We were very pleased that the first application sponsored by the UK was successfully approved by the International Seabed Authority in 2012, and that the contract between the British company and the authority was signed earlier this year. The second application was put to the legal and technical commission this year, although, disappointingly, it was not approved by the commission because of lack of time. We hope, however, that the application will be approved by the commission next year. We are convinced that it is a first-class application.

I would like to pay tribute to the staff of the International Seabed Authority, particularly its Secretary General, Mr Odunton of Ghana, and his deputy, Michael Lodge, who is British. We have found them knowledgeable and helpful, and we have enjoyed a fruitful working relationship with them over many years.

My hon. Friend the Member for South East Cornwall rightly referred to an event in March this year to mark the signing of an exploration contract granted by the International Seabed Authority to a UK-registered company. That licence, for the exploration of polymetallic nodules, is in an area of the mid-Pacific ocean at depths of around 4 km below sea level. The Minister for Universities and Science, my right hon. Friend the Member for Havant (Mr Willetts), who spoke at the event, called the new venture a

“huge vote of confidence in the UK”,

and declared that we have the skills and technology to make it a success. As a number of colleagues have said, we want the United Kingdom to be a world leader in this regard. He talked of how the decision to grant a licence reflected British technological strengths in areas such as marine engineering and marine science, and how it would give British companies and British scientists the opportunity to undertake groundbreaking work in fields such as deep sea biology.

The 1981 Act was sufficient to do the job—to ensure the UK Government had sufficient jurisdiction and control over the UK company in order for it to sponsor its first application in 2012. Now we want to ensure that British companies are able to take up the opportunities available to explore for different mineral types—the point made by the hon. Member for Brent North—namely polymetallic sulphides and cobalt-rich crusts, and we want to ensure that we are fully compliant with UNCLOS.

The Bill is really about the balance between commercial companies’ need to find the resources that the world seeks and environmental protection. It is also about saying, “The United Kingdom is open for business in this sphere.” We can say to any company that seeks the United Kingdom’s sponsorship of an application for polymetallic sulphides or cobalt-rich crusts, “Yes, we can sponsor your application.” But at present, without this Bill, because of the changes in technology, if they were applying for minerals outside the scope of the legislation, we would have to turn such companies away. That is why the change is necessary. The Government simply do not believe that that would be the correct position for our country to be in. At its heart, the Bill is designed to enable the United Kingdom to take advantage of the opportunities that this new, emerging and very exciting technology offers us.

As we have discussed this morning, the Bill is quite a technical measure, with all the substantive amendments to the 1981 Act being set out in a schedule to the Bill. I could say a good deal about each of the amendments, but that might stretch the patience of the House, so I will not go through them in any great detail. We have covered a lot in the interventions and discussions that we have had. The point to make is that the Act is being brought up to date in relation to the sort of minerals that are now available for exploitation and in relation to changes in the law. It deals with some of the technical aspects relating to Scotland and other jurisdictions, but it keeps at its heart the need to balance commercial opportunity with environmental protection, which has already proved to be successful. But none of us is naive, and none of us can forget that there are states that operate differently. Without being absolutely certain that international regulation will follow the sort of intentions that we in this House would have, the Government will not be happy. In our dealings with the ISA, we will look to ensure that that works its way through.

The amendments in the schedule refer to changing definitions of the minerals to be exploited, appropriate dates for corresponding contracts with the ISA, the tightening up of the licences, and ensuring that reciprocal recognition is brought up to date. They provide for important work to be done to arbitrate disputes and deal with the international tribunal for the law of the sea and to ensure that it is relevant in relation to this work. They remove redundant terms and bodies and ensure that the terms used in the Act are up to date.

As we have heard, despite the Bill’s title and the 1981 Act, no mining or exploitation has been conducted in the deep sea by a UK company or any other company. Even with the most optimistic outlook, this is probably five years off for polymetallic nodules and longer for other mineral types.

The International Seabed Authority developed regulations for the exploration of polymetallic nodules some 10 years ago. To date it has issued 13 contracts and is in the process of issuing more. They are all for areas in the Clarion-Clipperton fracture zone in the equatorial north Pacific ocean, except for one in the central Indian basin of the Indian ocean. Exploration regulations for polymetallic sulphides were agreed in the past few years, with the authority issuing contracts to China, Russia, Korea and France, and cobalt-rich crust regulations were only agreed in 2012, since when there have been only a couple of applications.

Of the total of 23 contracts awarded or pending, over half were submitted in the past few years. That gives an indication of how the pace of interest and demand has changed, which is another reason why my hon. Friend the Member for South East Cornwall has proposed this Bill at this stage and why it is important to support it and make progress.

At this year’s annual meeting, the ISA’s council discussed a paper on the process towards development of a regulatory framework for the exploitation of polymetallic nodules. As I have said, so far the activity in relation to deep-sea mining has been confined to exploration, but the time for exploitation—that is, mining—is coming. I know that the secretariat to the authority is acutely aware of the challenges that will be posed by the development of regulations for the exploitation of polymetallic nodules. It has, therefore, sensibly engaged a well-respected team of consultants to look at the issues. I have here a copy of the consultants’ report, which is on the authority’s website. It sets out clearly and carefully the issues with which the authority will have to grapple. It is entitled, “Towards the Development of a Regulatory Framework for Polymetallic Nodule Exploitation in the Area”, and I commend it to the House and to colleagues who have expressed their interest in the affair today.

It is worth reiterating two points that the UK made clear in our statement. First, we emphasised that polymetallic nodule exploitation must be conducted in accordance with the highest environmental standards. Secondly—I believe we were alone in the states that spoke to make this point—we called for full engagement with all stakeholders, including contractors, technology providers and non-governmental organisations, in the development of a regulatory regime. I hope that that is of interest to the House and its needs.

I repeat those points because they are essential and lie at the heart of our approach. It is only by working together to develop a regime that we will be able to strike the right balance between protecting the environment and encouraging commercial enterprises. Stakeholders need to pool their knowledge and expertise, including that in the economics of deep-sea mining, the technology available and the biology of the environment involved, in order to begin to understand the full picture and reach the best solutions. We see environmental NGOs as important contributors in that process. Officials already engage with NGOs at authority meetings. I had a meeting with officials in advance of this Second Reading debate and have promised more consultations in advance of future meetings. We see this as an ongoing collaboration.

The Government believe that, given the advances in technology, a likely increase in future demand for mineral resources and a steady if not increasing cost for those resources, deep sea-bed mining is inevitable. It is a question of when, not if. In other words, deep-sea mining is going to happen and we could not stop it even if we wanted to. The fact that companies have started to take up exploration licences from the ISA when previously they were the domain of research institutes is a sign of a new phase in development. A UK-registered company is one of those that have taken up a licence and it is our clear intention to be at the forefront of this emerging industry. It is important that the UK should be in that position. This is an opportunity for us to ensure that our values, particularly in the protection of the environment, should be taken into account.

We believe that this Bill, modest though it is in some ways, is a crucial stepping stone in ensuring that the United Kingdom can be in the right place to influence developments. We believe that, as a responsible sponsoring and licensing state, we will be able to fulfil our obligations to ensure that the highest environmental standards are adopted and applied by our licensees in the work that they carry out. I can also assure the House that we will make use of our leadership role as a sponsoring state to try to ensure that the best possible practices are adopted when the ISA develops a regulatory regime for mining.

In conclusion, the Government believe that the Bill will signal our support for and readiness to uphold UNCLOS, provide leadership in calling for and upholding the highest possible environmental standards, and ensure that the UK aims to make the most of the opportunities offered by this increasingly important industry. I cannot commend the House enough for the attention it has paid to my hon. Friend the Member for South East Cornwall’s Bill and I cannot commend her enough for proposing it. I look forward to taking it further with the consent of the House, with the intention of maintaining the balance we have all strived to achieve in the past few years.

Charitable Support Work Romanian Orphanages)

Russell Brown Excerpts

Monday 2nd September 2013 Commons Chamber

[Mr Russell Brown (Dumfries and Galloway) (Lab)]

I am grateful for the opportunity to raise in the House an issue that has, surprisingly, been subject to very few debates over the years, namely the plight of Romanian orphans, children and young adults living in institutions and, in particular, the charitable support work for them over many years.

Few of us will ever forget the awful images in the 1990s of the horrors of Romanian orphanages, which were exposed following the collapse of the Ceausescu regime in 1989. The world was stunned by the television and newspaper images of half-starved, abandoned children tied to their beds. Aid agencies rushed to help and Governments throughout the world condemned what they saw. I am sure that many Members will know someone who answered the call to offer help to those children and young adults. One such person was a constituent of mine, a lady called Linda Barr.

Although we called the institutions in the images orphanages, the reality was that most of the children in them had parents, but those parents were simply not able to afford to feed and care for their large families. The aim of the Ceausescu regime had been to increase the population of Romania to 30 million by 2000, with women required by law to have at least four children—a number that was later increased to five. Families who had fewer than three children were taxed heavily. That policy weighed heavily on the Romanian nation, and the long-lasting consequences of such a policy cannot easily be rectified.

The orphanages were staffed by the minimum number of people required to keep the institution operational, but no consideration was given to the developmental needs of the children. Children in the institutions grew up without any mental stimulation or physical activity, without any loving human touch and often without sufficient food, clothing or health care.

[Jim Shannon (Strangford) (DUP)]

I thank the hon. Gentleman for giving way; I spoke to him earlier about my intervention. He has mentioned the number of charitable organisations. Does he recognise the good work done by churches in my constituency, such as my own Baptist church in Newtownards, and many others across the United Kingdom, which made immense contributions to help the Romanian children?

[Mr Brown]

Absolutely. I fully recognise that. That is not really a debate I wish to have this evening, but I recognise everything that was done by communities throughout the UK and further afield. Charities from other countries wanted to help the plight of Romanian children and young people at the time and they still do that work.

For the young adults, the consequence of growing up in state institutions has been an even more difficult adult life. Upon reaching adulthood, most of them were unprepared for jobs or higher education. Some former orphans joined the military or entered the secret service and some attempted to fit into society, but most found themselves homeless. It should be recognised that post-Ceausescu, great improvements were made by the authorities and support for the children and young adults came from many parts. The improvements were made possible in no small measure by the work of the many organisations and charities that developed within Romania and across the world, as the hon. Member for Strangford (Jim Shannon) mentioned.

In my area, Linda Barr, who has worked with children and young adults in Romania for more than 20 years, along with her colleagues in the health service, set up the Dumfries Hospitals Romanian Support Group and then established the RAP Foundation. I know that the Minister is very much aware of the work of the foundation. It has successfully developed direct working links with colleagues in Romania to advance the education of children and young people with disabilities in the country, particularly in Bucharest, and to relieve their suffering and distress.

In July 2007, the foundation officially opened its first supported accommodation apartment, providing a family-style home for four young people: Aurel, Florin, Razvan and Virgil. The foundation works with its project partner, the Romanian Angel Appeal, and other agencies to support the apartment and to develop similar projects.

For 17 years, the foundation has arranged for children and young adults from Bucharest to go on seaside holidays of a lifetime on the Black sea coast. However, as the Minister is aware from the correspondence that I have sent him, this year’s holiday was in danger of not going ahead. It would appear that because concern was expressed by members of the foundation and others over the treatment of a number of young people with disabilities in the Gheorghe Serban district of Bucharest, the general directorate of social assistance and child protection of sector 2 sought to put in place what can only be described as a number of hurdles to prevent this year’s holiday from taking place. It delayed agreeing to the holiday to the extent that the original bookings had to be cancelled. It demanded that the RAP Foundation be registered as a “provider of social assistance”, even though its work as a sponsor does not require such registration and despite its long-standing collaboration with the Romanian Angel Appeal, which is a well-known non-governmental organisation working in Romania that is registered as a “provider of social assistance”. The general directorate also sought to block members of the RAP Foundation from attending the holiday as volunteers.

Due to the foundation’s persistence and, I have no doubt, the work of the British embassy in Romania after I raised the issue with the Minister, a way was found to allow the holiday to go ahead this year. I place on the record my thanks to the Minister and the British ambassador and his staff for their assistance. This year’s holiday was another major success for the young people, but it was not without its difficulties. Sadly, this is the second year in which the RAP Foundation has found the authorities in Sector 2 unwilling to be co-operative. It saddens me to say that when the young people eventually set off on this year’s holiday, the comment was made that it seemed as if it was the first time that many of the young people had been out in the fresh air since the previous year’s holiday.

I recognise that the mayor and the director general of sector 2 are upset and angry at the documentary shown on Romanian Antena 3, “The Irrecuperable Romania – Bucharest”, which was broadcast on national television in May of this year, but there was absolutely no need for them to accuse members of the RAP Foundation, through media releases, of having “occult intentions” or to say that

“the Scots should go home and look after their own sick people”.

I do not know many of those involved with the RAP Foundation, but I assure the Minister that I would trust those I do know implicitly. Two local people, Linda Barr and John Glover, have both received awards through the honours system for their charitable work.

Former employees of one of the homes told members of the foundation that severely disabled young people are kept tied to their beds, and many are showing signs of severe malnutrition. Beatings and other forms of physical and mental abuse were also described—I really thought we had got past what we witnessed under Ceausescu. Examples are given of residents lying on their backs and being force fed by nurses. Patients’ mouths are open while food is stuffed in so quickly that they try desperately to resist. Two female residents have recently died of pneumonia in the institution after allegedly being denied emergency medical care.

After having viewed what was televised, Professor Michael Kerr, professor of learning disability, psychiatry and honorary consultant in neuropsychiatry at Cardiff university, provided his independent professional opinion:

“All the individuals with a disability seen on camera appear to be seriously, most probably dangerously, underweight. Such a degree of underweight needs urgent assessment as it is associated with a very high mortality. As all the individuals show such underweight there must be serious concerns that the cause is systemic. That is related to dietary practices or environmental stress.”

Professor Kerr recommended an urgent assessment be made by specialists outside the current care team and said:

“In fact, refusal of entry to such assessors would simply increase the gravity of my concern”.

The RAP Foundation has funded all the work it has undertaken in Romania over these years, and has never at any time sought financial support from the authorities in Romania. It is funded through charitable donations raised from people of all ages who live in Scotland and south Wales. What is so distressing is that after the Ceausescu regime, the country made significant progress, so much so that in September 2005, Baroness Nicholson of Winterbourne, the European Parliament’s rapporteur for Romania, went so far as to claim:

“Romania has profoundly reformed—”

from top to bottom—

“its child protection system and has evolved from one of the worst systems in Europe to one of the best.”

In an accession report published prior to November 2005, European Union observers were positive regarding the child care system in Romania.

The Minister has indicated that he would be prepared to meet representatives of the RAP Foundation, and I suspect they would wish to take up such an offer if it is made. The foundation is delighted at the progress that it and so many other charities have been part of over the years, to bring a better quality of life to children and young people resident in those orphanages and institutions. It is worrying, however, that after all the progress, excellent work and support experienced in other parts of Romania, the Gheorghe Serban sector is not being as open as many organisations would wish it to be.

This debate was secured by me with a degree of reluctance, and I recognise that our Government have no control over what happens in institutions in any other country. I hope, however, that the Minister will recognise that all that is being requested by many charities, and the RAP Foundation in particular, of authorities in the Gheorghe Serban sector of Bucharest, is for them to be open and allow an independent team to look at what is happening within the facilities under their control. I look forward to the Minister’s response, and I hope he will be in a position to report back to the House on this matter in the coming months.

Shaker Aamer

Russell Brown Excerpts

Wednesday 24th April 2013 Westminster Hall

[Jane Ellison]

I could not agree more with the hon. Gentleman. It is the ultimate stain on democracy. A man should know why he is being deprived of his liberty and what he must do to win it back. That is how I come at it; that is one of the fundamental principles on which mature democracies base their thinking.

Will the Minister comment on whether some of the waiver steps have been satisfied, and what further steps we could take in Britain to satisfy the US authorities? One of the US’s concerns is the possible recidivism of released detainees, or, in the case of the many who did not commit an act of terrorism in the first place, whether their treatment in Guantanamo has inspired them to violence. Releases depend largely on whether the receiving country is trustworthy and able to demonstrate that it can significantly mitigate any risks of recidivism, and I strongly suggest that the UK is eminently trustworthy in that regard. After all, the US trusts us in a range of sensitive areas, for example shared intelligence and co-operation on joint military operations. Additionally, the NDAA requires the publication of a detailed report on incidences of recidivism and the countries in which they take place.

The UK has an exemplary record on reintegrating released detainees. To my knowledge, among all the Guantanamo detainees released to Britain, the sum total of recidivistic activity is a single speeding ticket. Indeed, I understand that the UK has the best record of any country to which a significant number of prisoners have been returned. The UK itself lives with a significant ongoing threat from international terrorism, and the fact that the UK Government are pressing for Mr Aamer’s return to this country is surely the clearest possible demonstration that they do not regard him as a risk, especially given that he is not a British citizen.

[Mr Russell Brown (Dumfries and Galloway) (Lab)]

I congratulate the hon. Lady—on behalf, also, of my constituents—on raising the case today and on the detail with which she is going into the case. I want to highlight recent comments made by my constituents, which state that there is clearly no reason why Mr Aamer cannot be handed over to the UK authorities for them to carry out the investigation. The UK authorities are trusted by most people in this country, and my constituents feel that that would be the right step, and the very least that could be done to move the case forward.

[Jane Ellison]

The hon. Gentleman is right, and it is a question not only of trust but of track record, as I have laid out. It is not something that has to be taken on trust; it is something that the British authorities have demonstrated, time and again, they are capable of doing.

Perhaps there are other simpler steps that our Government could take to mitigate the risk in the eyes of the US authorities. As I have said, if Mr Aamer is apparently being held under “the law of war” to “prevent his return to the battlefield”, could the UK Government not seek assurances that he would not travel back to Afghanistan, or to any other prescribed country that the US considered a battlefield, to satisfy the concern? Could travel restrictions be placed on him? Indeed, I understand from his US lawyer that Mr Aamer has agreed voluntarily to accept any such travel restrictions, and even to report regularly to the police.

Here we have it: in simple terms, the President of the United States says that he wants to close Guantanamo Bay, and a trusted ally wants to bring that ambition one man closer to fruition. It must be possible for one of the world’s leading nations to explain to a trusted ally what is standing in the way of making that happen.

This might surprise some people, but I want to put on the record my thanks to the security services, which probably keep us safe every day in ways we will never know. However, if someone in the intelligence community is blocking Shaker Aamer’s release, and if mistakes have been made in the past, they will come out in the end because that is the nature of our free societies. But how much worse would it be if, when they did, they showed that a man was allowed slowly to die, to shield the institutions of our democracies from embarrassment and exposure? Our institutions are more robust than that.

We are here today discussing a political problem, but behind the politics and the diplomacy there is a family tragedy. On behalf of Mr Aamer’s wife, Zineera and his children, Johina, Michael, Saif and Faris, I call upon everyone of good will to work together to secure the return of Shaker Aamer to the UK.

Oral Answers to Questions

Russell Brown Excerpts

Tuesday 5th March 2013 Commons Chamber

[The Minister for Europe (Mr David Lidington)]

Ministers at the Foreign and Commonwealth Office and our high commissioner in Cyprus regularly raise property issues with the Cypriot authorities. I have made a commitment to meet members of the all-party group on the defence of the interests of British property owners in Cyprus to discuss the particular case to which my right hon. Friend has referred and the broader issues. I would be very happy to talk to him in that context.

[Mr Russell Brown (Dumfries and Galloway) (Lab)]

T4. The Foreign Secretary advised the House in a written ministerial statement that the Government would consult European Union partners on strengthening EU sanctions. Will he update us on those discussions and on what impact further sanctions would have on the North Korean leadership and the North Korean people?

[The Minister of State, Foreign and Commonwealth Office (Mr Hugo Swire)]

The situation in North Korea following the nuclear test a few weeks ago is extremely serious. I summoned the North Korean ambassador and had subsequent discussions in Seoul in South Korea when I attended the presidential inauguration of President Park. We continue to work with EU partners and the UN in order to introduce a tougher sanctions regime for Pyongyang.

European Union (Croatian Accession and Irish Protocol) Bill

Russell Brown Excerpts

Tuesday 27th November 2012 Commons Chamber

I would be interested to know, perhaps not today but at another time, what the hon. Gentleman meant. I find that all those who have come from eastern Europe—Poland, Hungary and others in the first wave of accession countries, right the way through to Croatia—want to be able to come here, settle in, integrate and be part of our country, in the same way as the 1 million British citizens who currently live and work in mainland Europe, if I may call it that, are able to contribute to the economies of Poland, Romania, Croatia and France. Over 1 million British citizens and their dependants live in the European Union and work there, but I do not see those countries and those Parliaments having the kind of arguments that we sometimes have here about those who come from EU countries.

[Mr Russell Brown (Dumfries and Galloway) (Lab)]

As I have pointed out on a number of occasions, in around 2008-09 the largest group of people who entered the UK, numbering around 85,000, were UK citizens returning home when things got difficult on the European mainland.

[Keith Vaz]

I agree entirely.

To say that there are no skills shortages in this country in the sectors where some of those from the accession countries have come to work is completely wrong. Speeches that I have heard from the Scottish National party and its leader, for example, acknowledge a shortage of people for a number of skilled jobs. I have heard them say in their speeches that they want to encourage people to come to Scotland in order to work there. Such shortages exist in various parts of the country, where people will be most welcome to come and work in those sectors.

UK Constituent Parts (EU)

Russell Brown Excerpts

Wednesday 21st November 2012 Westminster Hall

[Pete Wishart (Perth and North Perthshire) (SNP)]

I welcome you to the Chair, Mr Crausby. I am sure that when you got up this morning you realised you had picked the short straw in chairing this debate, given some of the dreary contributions that we have heard thus far. I sometimes think that we should reorganise the furniture when we are debating Scotland’s constitution, given that so many hon. Members agree, and that everything seems to be put to the Scottish Government and the SNP. I feel, sometimes, that we should be sitting in the Minister’s place—perhaps that would be more helpful, in terms of responding to the debate.

I congratulate the hon. Member for Glasgow North (Ann McKechin) both on securing this morning’s debate and on turning up on time. We were all here two weeks ago, practically in the same spot. It was a shambles. We were ready to go, but the hon. Member who had secured the debate came rushing in several minutes late. It sometimes seems as though Labour cannot organise a Euro-rant in a Belgian brewery.

Listening to hon. Members’ contributions today, there is not exactly the warm glow of positivity—more like the deep chill of relentless negativity, which is what characterises these debates.

[Mr Russell Brown (Dumfries and Galloway) (Lab)]

Will the hon. Gentleman give way?

[Pete Wishart]

I am not giving way to the hon. Gentleman. There are 640 of you guys and only six of us, so I will use my time, if that is all right.

Over the past few weeks, the debate has fallen to a new all-time low, with some appalling personal attacks. Things were said in the Scottish Parliament that would never have been allowed by you, Mr Crausby, or the Speaker, and yet, the guys who made such remarks complain about the comments in the online section of The Scotsman sinking to such a low spectacle. What are they saying? Not only are they saying that we will not get European membership, but according to the former Prime Minister, we will be little more than a British colony. According to the right hon. Member for Edinburgh South West (Mr Darling)—their campaign leader—independence would be nothing more than the road to “serfdom”. People cannot say too poor, too weak and too stupid any more; they know that that is not a great way to enlist the Scottish people’s support. They only hint at that now. The most comical remark, the one that I have enjoyed most in the last two weeks, was that the music that I had spent 15 years making would no longer be my music—British music would not be ours any more—as if music, the ridiculously free-spirited and wonderful thing that it is, has frontiers or boundaries, but that is what these people are saying. They are scaremongering on culture. Welcome to the positive case for the Union.

Of course, the plat du jour this week is scaremongering on Europe. That is what they are doing, and doing well. Barely a day goes past without another instalment in the scaremongering stories, always in association with their friends in the press. Their message to the Scottish people when it comes to Europe is, “You cannae dae this, we’re no gonna let you do that and don’t even think about this!” If I have got their position right, it is something like this: “You’re not going to get into Europe. You’re going to go to the back of the queue behind all the accession states.” That is their position; I think that that is their top line. But if we do somehow manage to get into Europe, it will be on the worst possible terms and conditions. I think that I am right in saying that this is their position. Then if we do manage to get into Europe and on the worst possible terms and conditions, we will be forced to join the euro—but do not worry, because we will not get into Europe anyway.

Oral Answers to Questions

Russell Brown Excerpts

Tuesday 30th October 2012 Commons Chamber

[Mr Hague]

As my hon. Friend will know, there is a great variety of views. I find that there is enormous gratitude for what we have done and what we try to do diplomatically, and for the huge amount of humanitarian assistance that is provided, but yes, there are also members of Syrian opposition groups who would like us to do something different, and who would like a military intervention from outside. As I have explained to the House before, we do not rule out any options. We do not know how the situation will develop. However, for reasons that I have given the House many times before, it is very different from the situation in Libya last year.

[Mr Russell Brown (Dumfries and Galloway) (Lab)]

5. What his policy is on proposals to give Palestine enhanced status at the UN.

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

No application for enhanced status is currently before the United Nations. The whole House supports the right of the Palestinian people to have a state of their own: that state cannot come soon enough for them, and for the peace and stability of the region. We support a sovereign Palestinian state on 1967 borders with agreed land swaps, Jerusalem as the shared capital and a just settlement for refugees, and we will judge any proposal at the UN on whether it advances that goal.

[Mr Brown]

Following the announcement from President Abbas that the Palestinian authorities will be seeking observer status at the United Nations, can the Foreign Secretary give the House any kind of assurance that the Government intend to support such a bid?

[Mr Hague]

: The hon. Gentleman is right: President Abbas has stated that intention. However, no proposal is currently before the UN. In our view, the priority is for the United States—after the election, obviously, and whoever is successful—to lead a major push to restart negotiations and arrive at a two-state solution. The opportunity to do that is slipping away, and may have slipped away completely within another year or two. For the present US Administration it is absolutely crucial, and we have already said that to President Obama and to Governor Romney. Any decision on votes at the UN must be made on the basis of actual proposals.

I think the hon. Gentleman will infer from what I am saying that we believe that actual negotiations would be infinitely preferable to divisive symbolic gestures, and we are advising President Abbas not to go down the path of tabling such a resolution at the moment.

Oral Answers to Questions

Russell Brown Excerpts

Tuesday 15th March 2011 Commons Chamber

[Mr Hague]

It is possible for some of the expenditure of the BBC World Service to be classified in the way that my hon. Friend describes. In the Foreign Office we have done everything we can to give financial support, including transitional support, to the BBC World Service. She will be aware of the fact that in three years it will be funded by the BBC licence fee, and that transfer of funding will give new opportunities for the future. But every part of the public sector must contribute to improving its efficiency and saving money; there is no getting away from that.

[Mr Russell Brown (Dumfries and Galloway) (Lab)]

None of us can imagine the plight that tens of thousands of people are experiencing in Japan at this time, and they include UK citizens. My constituent’s son, his wife and their seven-month-old child are stuck in the north of Sendai city. They are in a hotel where a bus turned up this morning and took away a number of European nationals who were fit and healthy, including Irish nationals. However, the only advice being given by our Foreign Office is, regrettably, just that—advice. It is not assisting with transport. Can something more be done?

[Mr Jeremy Browne]

The British Government have put in a hugely comprehensive response to help British nationals in Japan. We have supplemented what is already a large embassy with an additional 45 staff from across Asia and elsewhere in the world. We are trying to do everything possible to help British nationals in what is a chaotic and difficult situation, but if the hon. Gentleman gives me the details of the case that he has just raised, I will ensure that I give it my personal attention.