Council of Europe

Stephen Doughty Excerpts

Wednesday 15th June 2022 Westminster Hall

[Stephen Doughty (Cardiff South and Penarth) (Lab/Co-op)]

It is a pleasure to serve under your chairpersonship, Dame Maria. I thank the hon. Member for Henley (John Howell) for securing this debate at a critical time for democracy and the rule of law across our continent. I agree that it is a shame that this debated in the main Chamber; I hope that can happen in due course.

It is perhaps arguable that the work of the Council of Europe has never been as critical as it is today, whether that is on human rights, the rule of law and democracy, or, of course, in its crucial election-monitoring role or through the many other activities it undertakes. Not only do we face the pressing threat of Russia’s illegal war against the people of Ukraine, but we see attempts to sow disharmony, undermine democracy and foment tensions elsewhere, whether in the western Balkans, Moldova, or the Caucasus—all, of course, within the geographic remit of the Council of Europe.

We have had some excellent speeches today. I echo the hon. Member for Henley in thanking our officials, the permanent representative, our judge, and all those who play a part in delegations, many of whom are represented today, including many of my hon. and right hon. colleagues on this side of the House.

I want to recognise the comments of my hon. Friend the Member for Rochdale (Tony Lloyd) and the work he does, and his recognition of the Council of Europe’s role for many member states in the huge, historic shift from the time of fascism and communism to where they have come to today. He spoke about Turkey and others—I will come on to those—and made a powerful statement about the importance of the ECHR and its judgments, and the role that we played in creating it, while also recognising the need for reform, for example in the length of time for judgments.

The right hon. Member for North Thanet (Sir Roger Gale) made some powerful remarks about the importance of the Council of Europe and its geographic reach. He rightly referenced the expulsion of Russia—something I think we would all agree with. He also referenced other issues, such as Cyprus. I had the pleasure of visiting Cyprus recently and agree with many of his comments about the need to resolve that conflict and return to the plan for a bizonal and bicommunal federation.

[Jeremy Corbyn]

Does my hon. Friend agree that it is also important in this context to have as much contact as possible, through the Council of Europe, with Russian human rights campaigners and activists, so that they feel that there are people who are interested in the difficult situation they find themselves in?

[Stephen Doughty]

I think that the right hon. Gentleman points out the importance of maintaining contacts with all those who are opposing Putin’s regime. Indeed, I think that Vladimir Kara-Murza was mentioned. That is a case that we are all deeply concerned about. It is important that we maintain contact through many bodies, including the Council of Europe, with those who would stand up for democracy and human rights in Russia and against the actions of the Putin regime.

I thank my hon. Friend the Member for Swansea West (Geraint Davies) for the work he does as a rapporteur. He made some very important points. I would reference his point on the attacks on the judiciary in the UK; I think that some of the comments we have seen are very damaging. He, like many others, raised the issue of the ECHR and Rwanda, which has obviously been a crucial point.

On that, I echo the comments of the shadow Home Secretary, my right hon. Friend the Member for Normanton, Pontefract and Castleford (Yvette Cooper): there is no point in the Government blaming anyone but themselves on this issue. Ministers have been pursuing a policy that they know is not workable and that will not tackle criminal gangs. Despite that, they paid Rwanda £120 million and hired a jet that now has not taken off, all because they wanted someone else to blame in a confected row. They ignored the warnings about the policy, including on the potential treatment of torture victims—which of course is a crucial issue for the Council of Europe. It has rightly been referenced in this debate, but I think the Government need to take a hard look at themselves to understand why they are in the position they find themselves in this morning.

The Council of Europe has done excellent work in many areas since its foundation. I mentioned the Committee for the Prevention of Torture, which makes unannounced visits to places of detention. The Committee of Social Rights also verifies that rights to housing, health, education and employment are being implemented. My hon. Friend the Member for Rochdale mentioned the anti-corruption work of GRECO, and the Council of Europe also works with other bodies, including the OSCE, the EU, the United Nations and other international bodies, which use Council of Europe reports in pursuing their own excellent work in these areas.

The ECHR itself—I would say this again as a salutary warning to those who make unwarranted attacks on the ECHR—has delivered more than 16,000 judgments. Let us remember the wide range of those judgments, including on the right to life, the prohibition of torture, the prohibition of slavery and forced labour, the right to liberty and security, the right to a fair trial, the right to respect for private and family life, freedom of religion, freedom of expression, the prohibition of discrimination, and indeed the protection of property. Of course, one of the Court’s most high-profile cases was its ruling that Russia was responsible for the murder of Alexander Litvinenko. That is the scope of the ECHR’s work and it needs to be more fully understood. As has been mentioned, the abolition of capital punishment—something I have long campaigned for—has been a precondition for accession to the Council of Europe since 1985. Indeed, the Council of Europe has played a critical role in ensuring that we do not have the death penalty in member states.

The Istanbul convention has rightly been referenced, and I have a question for the Minister on that. We need to acknowledge that violence against women is a human rights violation and a form of discrimination. The Council of Europe has carried out work on the fight against discrimination for reasons of sexual orientation or gender identity. These are critical issues, particularly when we see backsliding by some members. This is a matter that I hope the Council will pay increased attention over the months and years to come.

I reiterate Labour’s unshakeable commitment to maximising opportunities to work alongside allies and partners on issues of human rights, the rule of law and democracy through as many multilateral institutions as possible, and a critical institution is the Council of Europe. Today’s world is too precarious and, frankly, dangerous to operate unilaterally, as unfortunately we have seen the Government do on too many occasions recently. I hope the Government and the Minister will reiterate our commitment to working through the Council of Europe on these issues, because we face some deep threats across our continent and the world, and the Council of Europe will be key to tackling them.

Beyond reiterating its solidarity with Ukraine and expressing an unwavering commitment to its sovereignty, the Council adopted an action plan for Ukraine, including measures to protect displaced people, to support legal professionals, to document human rights violations—which is critical when we see some of the horrific atrocities currently taking place in Ukraine—and to protect the rights of vulnerable groups, including children and the Roma. As the right hon. Member for Islington North (Jeremy Corbyn) said, it is important that links with civil society in Russia and Belarus are strengthened. That grassroots work is critical in fighting back against the Putin war machine and the Kremlin’s unrelenting disinformation campaign across Europe.

[Geraint Davies]

Would my hon. Friend accept that it is important to accept the credibility and importance of the statutory role of the Council of Europe’s Court? If other countries fail to abide by these rules, that could collectively undermine the fundamental values of human rights, democracy and the rule of law that we are trying to push forward. The Government should think twice before putting stuff in the media about the Council of Europe and the convention when they are found in need by the Court.

--- Later in debate ---

[Stephen Doughty]

I agree with the principles of what my hon. Friend is saying, and that applies to judgments of other international courts, including the International Court Of Justice, which the Government have also been taken to task over on a number of issues. I mentioned Ukraine, which is crucial in our focus, but the situation in the western Balkans is also very serious at the moment—the Minister is nodding her head. The Council of Europe has been playing a critical role there in strengthening judicial processes and promoting peace and democracy.

The case of Turkey has been mentioned. The Committee of Ministers’ decision to launch infringement proceedings against Ankara over the Osman Kavala case demonstrates its commitment to the Council’s central values without fear or favour. The hon. Member for Henley rightly referenced wider concerns about Turkey and its infringement of civil and political rights.

[John Howell]

Will the hon. Member join us in supporting Kosovo’s membership of the Council of Europe, which will be coming forward later in the year?

[Stephen Doughty]

I certainly would. I plan to visit Kosovo in the near future, and I am sure that that will be an issue on the agenda during my visit there and to the western Balkans. That is something I certainly support.

I want to end by asking the Minister a few questions. Can she give us some reassurances about the Government’s wider commitments to the Council of Europe and the ECHR? The Prime Minister has refused to rule out leaving the ECHR. We have seen the many trailed proposals about a so-called Bill of rights, which could diminish the role of the ECHR and undermine its positions. There is a serious risk of undermining some crucial human rights that we all enjoy. Also, it is worth mentioning the crucial role that the ECHR played in the Good Friday agreement. I would like to see the Minister give some reassurance on that point.

Secondly, can the Minister explain the reasoning behind the Government’s reservation of article 59 of the Istanbul convention, which protects migrant and refugee women from domestic abuse and violence? Finally, given the point I made about working together with allies, and given the scale of the challenges we face across Europe and the world, will she assure us that the Government will stop the unilateral approach that they seem to have drifted towards in recent weeks and months and, instead, work together?