Oral Answers to Questions

Stephen Doughty Excerpts

Tuesday 13th June 2023 Commons Chamber

[Mr Speaker]

I call the shadow Minister.

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

We have all seen how hybrid warfare has been used against this country and our allies in recent years, and of course AI systems could pose new cyber and information threats as well as providing economic and social opportunities. We have already called on the Government to close gaps in the AI White Paper by introducing proper oversight of models such as GPT-4, and I have raised with Ministers the specific issue of whether access is allowed in the FCDO. I was told that access was not permitted on FCDO corporate systems, but that further guidance was being developed. Has that guidance now been issued, and are FCDO staff currently able to access AI systems on personal devices, for example? What safety protocols are in place?

[Anne-Marie Trevelyan]

If I may, I will write to the hon. Gentleman, because I do not have the latest information on that issue.

Council of Europe

Stephen Doughty Excerpts

Thursday 8th June 2023 Commons Chamber

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

I am sure that the whole House will want to let the people of France know that our thoughts and prayers are with them after the terrible events we have seen in Annecy today. I understand that the Foreign Secretary has indicated that a British child was involved in that terrible incident. Donc, à nos amis en France, nos pensées et nos prières sont avec vous tous en ce moment.

I thank the hon. Member for Henley (John Howell) for securing this debate at a critical time for democracy, human rights and the rule of law across our continent, and I thank Members on both sides of the House for their thoughtful and considered contributions—we have heard many excellent comments.

I echo the hon. Gentleman’s thanks, and the thanks of many Members, to all the UK delegation, particularly those from this side of the House, and to all the staff who facilitate the important work of the Council of Europe. I am glad he emphasised the importance of the ECHR, which has been referenced by many Members today, and of the work on election observation and monitoring. It was good to hear him mention ecocide, as my party has a firm commitment to taking that forward, were we to form the next Government. Like many Members, I share his views on the important work done by the Council of Europe, particularly in its expulsion of Russia and its firm stance in support of Ukraine, Kosovo’s membership and many other issues.

Although there is a plethora of geopolitical hotspots across Europe at the moment, and Putin’s illegal war of aggression against Ukraine is justifiably a key focus for all of us here today and in the work of the Council of Europe, there are many other areas on which the Council of Europe works that warrant the House’s attention. Indeed, we have seen attempts not only by Putin but by other global and regional actors to sow disharmony, to undermine democracy and the rule of low, and to foment tensions elsewhere in Europe, whether in the western Balkans, Moldova, the eastern Mediterranean, the Baltic or the Caucasus, all of which come under the remit of the Council of Europe. It is arguable that the work of the Council of Europe is now more important than ever.

I recognise the work of not only my hon. Friend the Member for Gower (Tonia Antoniazzi), who has spoken today, but of my hon. Friend the Member for Rochdale (Tony Lloyd), who is not with us today—I thank him for all the work he has done over so many years. I also thank Lord Foulkes, Lord Griffiths and others who have been mentioned today.

It is right that, back in May, we saw the historic fourth Council of Europe summit in Reykjavik pledge unanimous support to protecting and advocating for democracy, human rights and the rule of law while reaffirming solidarity with the people of Ukraine. As the Reykjavik statement outlined

“European democracies are not established once and for all. We need to strive to uphold them each and every day… The Council of Europe remains the guiding light that assists us in fostering greater unity…for the purpose of safeguarding and realising these ideals and principles which are our common heritage.”

That is more important than ever, as we see backsliding on democracy, human rights and the rule of law in some contexts in our own neighbourhood.

Importantly, the Council of Europe focuses on practical responses and, as a number of Members have highlighted today, one key outcome is the establishment of a register of loss and damage in relation to Russia’s invasion of Ukraine, which will be critical as we approach the Ukraine recovery conference here in London this month. As we have seen with the terrible events over the past 48 hours in relation to the Kakhovka dam, which will have not only an immediate impact but a long-term impact due to the spreading of mines and the damage to agricultural land, which will have a long-term impact on Ukraine’s economy. I have written to the Government today— I hope the Minister will draw the attention of the Minister for Europe, the hon. Member for Aldershot (Leo Docherty), to that letter—asking practical questions about what support the UK will give in relation to that specific incident.

It is critical that we support the register, as it will be crucial in informing how we might be able to generate resources to support Ukraine in the long term. I hope the Minister will say a little about progress on seizing, not just freezing, Russian state assets and, indeed, expanding and deepening our sanctions legislation. The summit also gave a clear pan-European expression of solidarity with those affected by Russia’s war of aggression against not only Ukraine but Georgia—of course, we have also seen what has happened in Moldova. It is important that we work together with our allies on all those issues.

I mentioned the ECHR and I am glad it has come up multiple times in this debate, with strong support from across the House. I heard what the Prime Minister and others have had to say. Of course, the UK signed that final declaration that set out

“our unconditional obligation to abide by the final judgments of the European Court of Human Rights in any case to which we are Parties.”

It set out our support for the ECHR, so I wonder whether he could have a word with the Home Secretary and some other naysayers on the Government side of the House. However, it was good to hear the support here today from many colleagues. The ECHR is crucial in relation to the Good Friday agreement and so many other agreements to which we are party.

As I said in our last debate on the Council of Europe, the ECHR has delivered more than 16,000 judgments across a range of issues, not just the few that get highlighted in the media. Such issues include 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 private and family life; freedom of religion; freedom of expression; the prohibition of discrimination; and the protection of property. The ECHR rightly stands up for those values that are at the core of not only the British legal system, but the European system of human rights, which we played a crucial role in establishing over many decades. So I hope the Minister will assure us that the apparent change in tone from the Government on the ECHR will continue and it will be reaffirmed in his remarks today.

The Istanbul convention has rightly been mentioned by a number of Members. I wish to highlight my concerns about the Government’s reservation on ratifying article 59, which protects migrant and refugee women from domestic abuse and violence. Labour Members have made it clear that we would set out a clear, strict timetable on completing outstanding actions to ratify the convention in full. I hope that the Minister will say something about why the Government continue to have a reservation on that matter, because it undermines our position on a crucial measure brought forward by the Council of Europe to protect the world’s most vulnerable women and girls.

We have heard a lot of discussion today about the importance of upholding democratic practice and the cultures of political pluralism across the continent. That is central to the Council of Europe’s remit. Reference has rightly been made to the fact that its Parliamentary Assembly has led more than 250 election observer missions, and many Members from all parts of the House have paid tribute to the work done in those. The Council of Europe stands ready at every phase of an election cycle to ensure the integrity of ballot boxes, through devising legal frameworks for elections; training and educating local officials; encouraging voter registration; and verifying results. Those processes are elemental to our democratic life, but they can be open to exploitation and exposed to interference. It is crucial that we continue to support that work.

It has been noted, but let me say that in the past few months PACE has monitored elections in Montenegro and observed the second round of Turkey’s presidential election. It is also currently holding an inquiry on the impact of artificial intelligence. It is crucial that we understand that and I know that in due course we will be debating in this Chamber its impact on our democratic systems. We have had some worrying developments in that regard and it is important that we are working with European partners on that. They are also doing crucial work on the challenges facing Belarusians in exile from Lukashenko’s brutal regime.

Lastly, I come to the issue of human rights and the rule of law, because the Council of Europe has played a crucial role in protecting national minorities; the rights of LGBT+ people; migrant populations; Roma and Travellers; children; women; and people with disabilities. It has also worked on the elimination of trafficking. Labour stands squarely beside the Council of Europe in its defence of the rights of people across Europe. It is Pride Month, and I had the pleasure last week of being in another Council of Europe member state, Malta, which arguably now leads Europe in its support for LGBT+ people and is doing some excellent work. Unfortunately, when we see backsliding—some of it in this country, regrettably—we need to be looking to allies across Europe and in the Council of Europe to see how we can underpin crucial rights for LGBT+ people.

The Council of Europe is rightly working on a range of other human rights issues. We know of how the ongoing blockade of the Lachin corridor in the Caucasus is having an impact on the social, political and economic rights of those living in Nagorno-Karabakh, an issue that I have raised regularly with Ministers. We know of journalists, trade unions and civil society leaders being pursued and prosecuted relentlessly for their advocacy in a range of contexts across Europe. I will not go into a long list of examples, but a number of them have been mentioned today.

Let us be clear, the human rights of Europeans have been hard fought for and hard won, but sadly they are not an inevitability; there will always be individuals and regimes that will seek to erode them. That is why the work of institutions such as the Council of Europe is so essential—whether that be rapporteurs working with Azeri officials to end police harassment of LGBT+ people, the work being done to end the violence against Roma women in Serbia, or the inquiry being conducted by the special representative for migration and refugees into the welfare of Ukrainian refugee children.

This has been a thorough and important debate. Labour remains resolute in its support for the work of the Council of Europe and will continue to work with colleagues across the House to further many of its workstreams and agendas. The Council of Europe is a manifestly diverse and dynamic organisation. We wish to make it clear that we will always seek opportunities to work alongside our allies and partners on issues of human rights, the rule of law and democracy. The Council of Europe is key to addressing all of those and upholding those very British and European values which all of us stand for in this House.

Ukrainian Holodomor

Stephen Doughty Excerpts

Thursday 25th May 2023 Commons Chamber

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

I thank the hon. Member for Mid Derbyshire (Mrs Latham) and the hon. Member for Glasgow South (Stewart Malcolm McDonald), who is not with us today, for securing this debate. Their commitment to raising the profile of the holodomor has rightly drawn recognition from across the House, and it is truly a worthy subject for this House to consider. I also acknowledge our very good friends from the Ukrainian Embassy, who are in the Gallery.

This week, we saw the embodiment of Ukraine’s continued defiance and bravery, as President Zelensky attended the G7 and ensured that the crimes against his country rightly remain at the epicentre of global focus. We saw that bravery exemplified again when he returned and visited marines on the Vuhledar-Maryinka defence line. As the fierce fighting in Bakhmut and other areas continues, the consensus and resolve across this House, and the commitment of the UK more broadly, to support Ukraine in driving back Russia’s barbarous war machine has never counted more. We have heard many powerful speeches today, including from my hon. Friend the Member for Nottingham East (Nadia Whittome).

The war in Ukraine is entering a critical stage. Freedom must win out over tyranny and Putin’s aggression must fail. As Ukrainians continue to defend themselves and prepare for a critical offensive, it is crucial that they know that nations around the world support their fight without wavering. I reiterate that the Opposition will stand with them for as long as it takes. Their decisive victory is not only morally right; it is the route to a comprehensive, just and lasting peace. As my right hon. and learned Friend the Leader of the Opposition told President Zelensky when he met him in Kyiv, whichever party is in power in the UK in the future, there will be no let-up in Britain’s resolve. We will continue to support Ukraine’s brave defenders and its people in their quest for freedom, peace and justice.

In light of this debate, we must also continue to reflect on the immense historical suffering Ukraine has endured, as well as the remarkable courage and resilience of its people and the progress that has been made over the years, which has sadly been pushed back in so many areas by Russia’s barbarism. This debate has brought home the fact that today’s illegal and unconscionable war comes after a history of Ukraine being subjected to immense brutality, especially in the terrible events of the holodomor—one of the most atrocious instances of man-made famine in European history, which as we have heard today culminated in the deaths of millions of people.

Like many hon. Members, when I was in Ukraine just a few months ago I not only witnessed the aftermath of the Russian atrocities in Ukraine today, but visited the National Museum of the Holodomor-Genocide and the memorial. The content that was displayed there was incredibly moving and shocking. I draw attention to my declaration of interest as a shadow Minister in relation to that cross-party trip.

Everybody should recognise the reality of what happened to the Ukrainian people. It was very sad to see that some of the exhibits in the museum had been removed for safety because of the current conflict. It is clear that Stalin’s role in catalysing enforced, man-made, widespread starvation, particularly in 1932 and 1933, understandably and rightly lives on in the Ukrainian national psyche and among Ukrainians worldwide. That is true not least in Canada, where I spent time when I was younger, nearly 25 years ago, and first heard about that terrible period in history from Ukrainian Canadians.

The barbarism we saw 90 years ago carries as much salience today as ever, particularly given what we have seen since. The personal stories are some of the most harrowing, as we have heard today. A congressional commission that took evidence in the late 1980s heard from an individual who grew up in the village of Stavyshche, who spoke of watching people dig into empty gardens with their hands in a desperate bid to find anything to eat, of witnessing people bloated from extreme malnutrition collapsing on the road one by one and, of course, of the mass graves.

It is a tragedy that today we again see mass graves in Ukraine and hear terrible stories of atrocities being committed. As with the war today, there was a clear perpetrator behind the famine. Stalin’s motivation to transform and mould the Ukrainian nation in his own image at any cost is mirrored in Putin’s warped, imperialist world view, the consequences of which continue to devastate the lives of Ukrainians. Indeed, Putin’s misguided and perverse attempts to wipe out Ukrainian identity are the most recent manifestation of Russia’s penchant for interference, subjugation, war and atrocity.

This topic carries particular weight for me as a Welsh MP, as I said when we debated it in Westminster Hall a few months ago. A great deal of what know about the holodomor came to us thanks to the bravery of a Welshman, Gareth Jones. We have heard about the excellent and very moving 2019 feature film, “Mr Jones”, which was directed by Agnieszka Holland. Gareth Jones was born in Barry, in the Vale of Glamorgan—just a few miles away from my constituency—in 1905. Of course, as many Members will know, it is suspected that he was murdered by the Soviet NKVD in 1935. Sadly, so little changes.

After witnessing the horrible consequences of Stalin’s tyranny at first hand, Gareth Jones detailed those consequences—we have heard many quotations today. He said:

“I walked along through villages and twelve collective farms. Everywhere was the cry, ‘There is no bread. We are dying.’ In the train a Communist denied to me that there was a famine. I flung a crust of bread which I had been eating from my own supply into a spittoon. A peasant fellow-passenger fished it out and ravenously ate it. I threw an orange peel into the spittoon and the peasant again grabbed it and devoured it. The Communist subsided.”

In a letter to David Lloyd George, the then British Prime Minister, Jones wrote:

“Dear Mr. Lloyd George,

I have just arrived from Russia where I found the situation disastrous. The Five Year Plan has been a complete disaster…and has brought famine to every part of the country. I tramped alone for several days through a part of the Ukraine, sleeping in peasants’ huts. I spoke with a large number of workers, among whom unemployment is rapidly growing. I discussed the situation with almost every British, German and American expert… The situation is so grave, so much worse than in 1921”.

Of course, Jones defied Soviet attempts to censor him, and reported the truth of the holodomor to millions. In another echo of history, the Kremlin continued to deny the existence of the famine, launched a mendacious campaign against Gareth Jones and tried to silence him, but it could not. The parallels with today are striking: journalists, correspondents and reporters from many countries, not least Ukraine itself, are putting themselves in danger to expose the true extent of Russia’s barbarism and war crimes. They are integral to thwarting Putin’s concerted information war and to bringing justice to those who have been subjected to war crimes and atrocities.

I have a few questions for the Minister about the current context, which draws so much on those horrible historical parallels. We have seen concerted attempts by Russia to lie about and weaponise food supplies to the rest of the world. In a dreadful parallel to the way it used food as a weapon of war in the holodomor, it is now doing so with the rest of the world. The truth about that must be known and fully understood globally. Indeed, there are reports this week that the Ukrainian port of Pivdennyi has halted operations because Russia is not permitting ships to enter, effectively cutting it out of the deal allowing safe Black sea exports.

What are we doing to tell the world the truth about Russia’s continued interference with world food supplies from Ukraine, including the mining of fertile Ukrainian agricultural land, and the impact on prices? What steps will be taken to rebuild Ukraine, its agricultural capacity, its ability to thrive and its economy in the future? What will we do to seize, not just freeze, Russian state assets?

The upcoming reconstruction conference is a critical opportunity to support Ukraine and our diplomatic coalition, and it must be seized. The Minister knows that he has our full support in his endeavours for that conference, and I thank him for discussing it with me. What steps are the Government taking to ensure that adequate resources are generated at the conference, particularly to support reconstruction? Efforts will also be needed to bring back full agricultural capacity to Ukraine, particularly through the removal of landmines and unexploded ordnance, which we know cover so much of the country and could cause problems in food production for years to come.

I will write to the Minister about a number of concerns about our sanctions regime. We have debated the sanctions regime in many Statutory Instrument Committees, but I have some specific concerns on which I hope he will come back to us urgently, because we all want the most robust regime against the atrocities that Russia is committing today.

Historically and today, the price that Ukrainians have had to pay for their freedom is immense. The events of 90 years ago are an anguishing and chilling reminder of the consequences when tyranny runs without constraint and imperialism without restriction. We are tragically unable to undo the horrors of the past 90 years ago, but we can take resolute steps to prevent them from happening again today.

Given the comments that have been made today, I have one fundamental question for the Minister. It is clear that these were appalling, historic atrocities in the holodomor that deserve proper recognition. It was a tragedy on an appalling scale. I hope he will be able to set out clearly what the Government’s policy is on the recognition of genocide and respond to the important questions raised, particularly in relation to the legal and precedential context, and how the Government intend to respond if the motion is agreed by the House, not least given the international movements on this issue, which a number of Members referred to, in particular the hon. Member for Mid Derbyshire.

Finally, I assure Ukrainians at home and abroad that we see your suffering and bravery, both historical and present. We will remember the terrible events of the holodomor, and we will stand resolutely with you today.

--- Later in debate ---

[Leo Docherty]

I am saying that, notwithstanding the other important political events that have happened in other Parliaments, it is very important for the long-term legal integrity of the UK Government’s position that we maintain our consistency of approach. That does not detract from the horror of the holodomor, as I have said, nor our recognition of the appalling brutality of Stalin’s policies and regime, and nor does it dilute our determination to remember the victims of the holodomor, as the Prime Minister did by lighting a candle at the memorial for them when he visited Kyiv in November. Other colleagues in this House have also done so, and have reflected upon that this afternoon. Of course, our officials in Ukraine, including our ambassador, regularly attend similar commemoration events.

Today, we stand firm in our support for Ukrainians amid growing evidence of appalling atrocities committed during Putin’s illegal war. As colleagues will know, we have supported our Ukrainian friends since 2014, and we continue to be at the forefront of international support for Ukraine, in both humanitarian and military support. We were the first country in the world to train Ukrainian troops; we were the first in Europe to provide lethal weapons and to commit tanks; and just this month, we were the first to provide long-range missiles. I am very pleased that we are now at the forefront of a coalition to train and equip the Ukrainian air force.

I will briefly turn to accountability, which is an important theme, given the debate we have had. We have been working alongside our Ukrainian friends and the Ukrainian Prosecutor General’s office to help them investigate and prosecute alleged war crimes. We have been working alongside the EU and the US to establish the atrocity crimes advisory group, in order to co-ordinate international support for Ukraine’s war crimes investigations, and we welcome the step taken by the International Criminal Court to hold those at the top of the Russian regime to account, including Vladimir Putin. In March the UK co-hosted the Justice Ministers conference, alongside the Netherlands. That conference brought together global partners to enhance financial, practical and technical support to the ICC and its investigation into the situation in Ukraine. Very importantly, we are part of the core group of G7 nations that are exploring options to investigate and prosecute the crime of aggression committed in and against Ukraine, including a potential special tribunal. Accountability is at the heart of our support to our friends in Ukraine.

[Stephen Doughty]

I was pleased to be invited to a meeting with the Ukrainian Justice Minister and the UK Attorney General during that period, and I thank the Minister for that—he knows he has our full support on those prosecutions. Could he give us an idea of the timeline for that working group on the special tribunal? Obviously, this is an idea that has been in the ether for some time now.

[Leo Docherty]

That is a valid question, and the answer is “as soon as possible.” These things are not easy; if they were, we would have done them already. Work is underway apace, and my colleague the Attorney General visited Kyiv earlier this year in order to expedite some of that work. We will keep colleagues in this House updated.

To conclude, the holodomor and Putin’s war are two of the darkest chapters in Ukraine’s history. Our stance is that any determination on genocide must be made by the courts; that does not, of course, detract from our recognition of the holodomor as the most appalling disaster, one that resonates today in the shadows of Putin’s modern aggression. The UK is supporting Ukraine to fight back and to bring those responsible for appalling acts of brutality to justice.

Overseas Territories

Stephen Doughty Excerpts

Thursday 11th May 2023 Commons Chamber

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

I also thank the Chair of the Foreign Affairs Committee, the hon. Member for Rutland and Melton (Alicia Kearns), for securing this crucial debate and ensuring the concerns and priorities of the overseas territories remain within the focus of this House and for the Government to hear. As shadow Minister in that capacity, I draw attention to my declaration in the Register of Members’ Financial Interests, in particular my visits to Gibraltar and the Falkland Islands as a guest of their Governments in the last year.

I also thank the members of all the overseas territories and their representatives who are here today in the Gallery to watch the debate and who have been at many events this week. It was a pleasure to speak at the United Kingdom Overseas Territory Association conference yesterday and to meet many of the chief Ministers and representatives over the last few days. I particularly thank the presidency of UKOTA for the work they have done this year around the coronation of His Majesty and Her Majesty. It was a pleasure to see representatives of the overseas territories marching in that parade, as well as the flags and all the other things we have seen. I also want to thank the Speaker for his leadership and work on this issue and his generosity in hosting us all this week in Speaker’s House.

The UK’s overseas territories are indeed an integral and cherished part of the global British family, and it has been a profound honour for me in my role as Labour’s shadow Minister to have now met, I believe, all of the democratically elected leaders of the overseas territories. I have also been able to visit four of the overseas territories: I have seen at first hand the warmth, innovation, diversity and distinctiveness of the people and environments in each. I have swum with penguins in the south Atlantic in the Falklands; and indeed I have taken tea at the Rock Hotel in Gibraltar.

[Daniel Kawczynski]

Will the hon. Gentleman give way?

[Stephen Doughty]

I will not as I know what the hon. Gentleman wants to say; he is very kind, but we do not have a lot of time.

On that more humorous note, I also want to be really serious, candid and honest. Far too frequently, debate and discourse on this issue have been based on glib generalisations and a lack of understanding that fails to take account of the uniqueness of each overseas territory, be that constitutional, environmental or economic.

[Daniel Kawczynski]

Will the hon. Member give way now?

[Stephen Doughty]

I will, briefly.

[Daniel Kawczynski]

I am grateful. The hon. Member rightly refers to the overseas territories as being cherished. I rather doubt that I will get a commitment from the Minister for a referendum for Chagossians and the British Indian Ocean Territory, so will he and the Labour party, in the spirit of what the hon. Member for Brighton, Kemptown (Lloyd Russell-Moyle) said, at least give a commitment that a future Labour Government would give those people the right to a referendum on self-determination?

[Stephen Doughty]

The hon. Member knows my views on the Chagos Islands; indeed, I set them out clearly in Westminster Hall in a debate he initiated a few months ago. I will come to that later in my speech.

Despite some extremely committed individual officials and Ministers in the FCDO and those who work alongside the Administrations, we have seen far too little consistency, understanding, engagement and, crucially, listening. A future Labour Government would set out five key principles to guide our relationships with the overseas territories. First, we believe in devolution and democratic autonomy, and establishing clear consistency on constitutional principles of partnership and engagement. Secondly, we believe in listening. I firmly believe in the principle of “nothing about you without you.” Thirdly, we believe in partnership. A future strong and stable relationship between the UK and each of the overseas territories must be built on mutual respect and inclusion; indeed, that involves all Government Departments, not just the FCDO. We also believe that rights come with responsibilities. In our British family, we share common values, obligations and principles including a robust commitment to democracy, the rule of law and liberty, and the protection of human rights, including, as rightly mentioned, those rights of LGBT+ people, women and girls, and people living with disabilities. We also believe in the advancement of good governance and, of course, ensuring proper democratic accountability and regulation.

Finally, let me be clear that for as long as the people of the overseas territories wish to remain part of this British family, we will robustly defend their security, autonomy and rights. As has been rightly pointed out, that is not least in the case of the Falkland Islands and Gibraltar, where a firm commitment to self-determination has been expressed by their peoples. That is Labour’s commitment, and I know that it is shared by many across the House. We would also move away from the notion that one size fits all. It does not when it comes to the overseas territories.

We need to ensure that our constitutional relations are diverse and nuanced in law and practice. On sanctions, I agree with the point made that in many circumstances we saw the overseas territories and crown dependencies move faster than the UK Government in implementing robust sanctions regimes. We have also heard that, in many decisions, whether on our relationship with Europe, trade negotiations or climate negotiations, the overseas territories have not been heard, respected or engaged in processes at the heart of Government.

We also want to see transparency in how the territories are administered. I believe that many overseas territories have called for a code of conduct for governors and for robust processes and consistency in how they operate.

[James Sunderland]

I had the unique experience of sharing an apartment with the hon. Member for Cardiff South and Penarth (Stephen Doughty) and my hon. Friend the Member for Shrewsbury and Atcham (Daniel Kawczynski)—it was an interesting dynamic for that week. It is true: I saw the hon. Member swimming with penguins. However, the point is a serious one. Having got to know him, I know that he is a clever guy and that he gets it. Will he please assure the House that Labour’s policy is to respect the military capabilities, military basing and military strategic imperative that we have in some of our overseas territories?

[Stephen Doughty]

I absolutely assure the hon. Member of that. Indeed, I will come to that specifically.

I want briefly to reference the issues that have come out of the debate in relation to people. We heard many examples, many of which I discussed with representatives from the overseas territories yesterday. There is the impact for citizens when things are not done right, whether in relation to travel, healthcare or education. We heard how Tristanians cannot open accounts with UK retail banks and how students who hold British overseas territories passports require student visas in some cases, but they do not get priority, so the processing time means that they often have to defer positions at higher education institutions. We heard about the issues that Bermuda faced with its passport codes and issues that impacted on travel opportunities. I share the concerns raised about girl guiding suddenly being withdrawn from overseas territories.

There have also been direct impacts from the poorly executed Brexit deal, not least in the Falklands and Anguilla. The Falklands fisheries now have to pay €17 million in tariffs on those crucial squid. I raised that issue in debates during that period. Perplexingly, a British overseas territories citizen is not eligible to use the passport e-gates at UK airports, despite having biometric passports, often produced in the same way as ours. However, people from the European economic area can use those gates. That seems an absurd situation. The Minister is listening and I hope that he takes that into consideration.

We have heard about the issues of infrastructure and access, particularly to the remote territories such as Tristan. Anguilla is looking to expand its runway and faces issues with water and infrastructure. Departments need to work together. It cannot just be the Foreign Office; it has to be the Ministry of Defence, the Department for Transport, the Department for Environment, Food and Rural Affairs and others.

We have heard a lot, rightly, about the environment. Our overseas territories play a crucial role, whether that be the marine protected area in the Pitcairn Islands, the national climate change policy of the Turks and Caicos Islands, St Helena’s blue green agenda, Montserrat wanting to invest in renewable energy and dealing with the legacy of the volcanic eruption, or the Cayman Islands’ conservation efforts. They play a crucial role not only in contributing to our climate change agenda and biodiversity but dealing first hand with the impact of climate change.

In my final minute I want to refer to security. We have a duty to protect and defend our citizens and our overseas territories, which the Opposition is resolutely committed to. We also have strategically important military bases and territories. In the face of geopolitical threats, whether from China, Russia or elsewhere, we must work closely with our overseas territories not only to defend their citizens but to recognise the strategic import of places such as Diego Garcia, Ascension, the Falklands and Gibraltar —places where the hon. and gallant Member for Bracknell (James Sunderland) served. The Opposition are resolutely committed to that. We need to support them in their internal security. St Helena has not had Home Office support in checking watch lists and sanction lists. I hope that the Home Office can assist with that.

On Chagos there is a complex and nuanced set of issues. There is an historic injustice that I have rightly referred to in the past. We must balance national security, our compliance with international law and obligations, and the rights and wishes of the Chagos people, who have long suffered. I have heard their voices clearly. There are also environmental and biodiversity concerns, which I set out a few months ago.

The overseas territories are a crucial and indispensable part of our global British family. We must have a modern, respectful and engaged partnership with them all, and Labour will stand with them as part of that global British family.

Ukraine: Special Tribunal

Stephen Doughty Excerpts

Tuesday 9th May 2023 Westminster Hall

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

It is a pleasure to serve under your chairpersonship, Mr Davies. You are wearing an excellent tie; there are a number of good ties on display. I thank the hon. and gallant Member for Tiverton and Honiton (Richard Foord) for securing this critical debate, and thank all colleagues for their valuable and insightful contributions. I also declare an interest: I travelled on the same trip to Ukraine as him. It gave us a huge insight into the reality of the devastation of Putin’s brutal actions against the civilians and people of Ukraine.

Over the weekend, we came together in this country to celebrate the coronation of His Majesty King Charles III, and to look forward to the future. It was a time of celebration, hope and optimism. In Ukraine, tragically, this weekend could not have been more different. Ukraine had to withstand yet another series of barrages against civilian areas. Yesterday morning alone, Russia launched 16 missile strikes on cities and regions, including Kharkiv, Kherson, Mykolaiv and Odesa, as well as 61 other airstrikes—barbarous actions that are feared to have killed even more civilians.

As we have seen throughout the conflict, Russia’s brutality truly knows no limits. Such damage has been done to the people and the country of Ukraine. Families have been torn apart, lives have been lost, injuries have been caused, and devastation has been inflicted on cities, towns and villages. There is also the impact on the economy. At the root of that is the flagrant disregard that Russia has shown towards Ukrainian sovereignty. Its actions are those of a tyrant who continues to believe that he and his regime are outside any legal or moral standard—outside the parameters of accountability. We need to show him and the Russian regime that that is not the case. That is why today’s debate is so integral to our efforts, and those of our allies and partners, to hold him to account for the atrocities being committed in his name.

As you will know, Mr Davies, the Opposition have been clear since the war began that the Government would enjoy our full support if they strengthened the UK’s position on the conflict in Ukraine, and the response to Russia’s actions. There is a great deal of unity across the House, whether on sanctions; tackling illicit finance; providing military, technical and humanitarian support to Ukraine; or expanding and emboldening our diplomatic coalition. The first lady of Ukraine will have heard that again when she attended the coronation at the weekend.

I have a series of questions for the Minister on the issue of a special tribunal. As far back as March last year, days after the latest phase of this brutal invasion, my right hon. and learned Friend the Member for Holborn and St Pancras (Keir Starmer) joined others in calling for the creation of a special tribunal to prosecute President Putin and others in the Kremlin regime for the crime of aggression. We welcome other ongoing efforts, which have already been discussed. That includes individual war crimes investigations and prosecutions in Ukraine domestically. The International Criminal Court has taken the welcome step of issuing an arrest warrant for the utterly brutal alleged crime of the illegal deportation of children. We have to accept that we can pursue distinct, potentially complementary, legal routes to ensure that Ukraine and its people receive justice.

Ukrainian Foreign Minister Dmytro Kuleba said at the start of the conflict that the establishment of a special tribunal would be critical to holding Putin to account for the original sin—the crime of aggression. We and others have listened, and have added our voice to the growing international chorus that backs that practical and necessary step. I was going through the Library briefing on the issue. There have been a lot of questions and debates on this issue in the House, but we have yet to hear the Government’s thinking on a special tribunal. As has been mentioned, the Government have joined this core group, but the commitment appears to concern a hybrid model. It is important to note, and we have said all along, that we want to be led by Ukrainians—what Ukrainians want and what the Ukrainian Government want. President Zelensky has been very reluctant to have a hybrid model. Indeed, he recently said:

“only one institution is capable of responding to the original crime—the crime of aggression. A Tribunal! Not something hybrid that can formally close the topic…Not some compromise that will allow politicians to say that the case is allegedly done…But a true, full-fledged Tribunal. True and full justice.”

Throughout, we have listened to and been led by the wishes of Ukraine’s leaders and its people, and that needs to happen on this issue as well.

In February, the President of the EU Commission also announced that he would establish the International Centre for Prosecution of the Crime of Aggression against Ukraine, which will be headquartered in The Hague. We have heard about the excellent work going on in the Council of Europe and other international examples, some of which I will come to later, but we have yet to hear a clear position from the Government on this. It is very important that we do, because we have heard about the potential weaknesses and limitations in some of the other models. The ICC alone does not have jurisdiction over the crime of aggression unless both the victim and aggressor have ratified and accepted the Court’s jurisdiction over a specific crime, so another way forward must be devised if we are to hold the regime to account.

It is beyond any reasonable doubt that Russia’s invasion of Ukraine and its ongoing use of force against Ukrainian sovereignty, territorial integrity and political independence is an act of aggression amounting to a violation of article 2(4) of the UN charter. Russia has irrefutably breached the threshold amounting to the legally defined crime of aggression under article 8 of the Rome statute of the ICC, which relates to the

“planning, preparation, initiation or execution, by a person in a position effectively to exercise control over or to direct the political or military action of a State”.

Similar questions can be raised about others who have been involved. Will the Minister comment on the situation with regard to Belarus and its aiding and abetting of the Russian regime, particularly as we saw in the early stages of the war and the attempts to capture Kyiv?

The United Nations General Assembly passed a resolution on 2 March last year, which:

“Deplores in the strongest terms the aggression by the Russian Federation against Ukraine in violation of Article 2 (4) of the Charter”.

The Minister knows that that carried the support of 141 states and was a clear, incontrovertible and significant decision by the United Nations General Assembly.

[John Howell]

The hon. Gentleman speaks of other states being involved. Is he aware that a big impetus for the tribunal comes from Estonia, Latvia and Lithuania? That is partly to support Ukraine, but it is also seen as a defensive measure should Russia invade those countries.

[Stephen Doughty]

The hon. Gentleman makes a very important point. Indeed, he tempts me further forward, but let me refer to some of the other international support. Estonia, Latvia and Lithuania made a joint statement on October 16 last year. I have mentioned the European Union, and the President of the European Commission made a statement on 20 November 2022, as did France. Indeed, there has been a growing chorus of other Governments, academics, legal experts and those who have been involved in similar processes in the past.

We can look at other tribunals that have been created, such as the special tribunals that were created for the former Yugoslavia and for crimes in Sierra Leone and Liberia. There are distinct differences, but we can learn important lessons from them. Indeed, the House of Commons Library refers to the Dutch Government’s willingness to hold a special tribunal. Although that is distinct from the ICC and its position in The Hague, the seat of international justice, the Dutch Government have indicated their willingness.

We have heard about the different options during this debate. That includes, first, amending the ICC’s Rome statute, although there are serious workability issues around that; secondly, a so-called hybrid model, but, as we have heard, President Zelensky does not feel that that is the right way forward; and thirdly, an international court established by the UN General Assembly with the agreement of Ukraine. We could also have a treaty between interested states, creating a special tribunal, and we have heard of a fifth option, which is the model that the hon. Member for Henley (John Howell) referred to in relation to the Council of Europe.

There are two critical issues that we would need to address in any model. First, there is the issue of immunities. There are questions in some of the options about whether immunity would come into play. Secondly, there is the question of selectivity, but I do not think that those need to necessarily stand in the way of the model. As has been said, a number of international legal experts and countries believe that those can be overcome by the special tribunal model.

Let me be clear that the brutality—the sheer wickedness—of what we have seen in Ukraine requires some very creative, robust and ambitious thinking. That is why Labour Members, and many hon. Members across the House, have supported the Ukrainian proposal for a special tribunal. These are some of the worst crimes that we have seen and the most incontrovertible case of aggression. Also, establishing a special tribunal and finding against Putin and Russia, as I very much hope it would, would lead us to a place where we can potentially take further action to give practical help to the people of Ukraine—for example, on the sequestration of Russian state assets. If we can establish and prosecute that original sin—that original crime of aggression—it could help to underpin the international legal basis for other actions that could lead to direct support for the Ukrainian people, as well as achieving the fundamental aim of justice for the country and its people for the crimes they have suffered.

I will end by quoting President Zelensky. In recent days, he said:

“But we know that the lasting peace after victory is achieved by nothing else but the strength of values. First of all, it’s the strength of freedom and of law, which must work to the full to ensure justice. Not hybrid promises instead of human rights, but real freedom. Not hybrid impunity and symbolic formalities, but full-scale justice. Not hybrid peace and constant flashes of violence on the frontline, but reliable peace. When one respects values—true freedom, true justice, true peace is respected”

and that is

“exactly what we need now.”

We should show the same ambition and the same passion for justice, the rule of law and a lasting settlement for the people of Ukraine, after the brutality that they have faced. I am very interested to hear what the Minister has to say about the processes leading towards setting up a special tribunal.

[Geraint Davies (in the Chair)]

Last but not least, I call the Minister.

[The Parliamentary Under-Secretary of State for Foreign, Commonwealth and Development Affairs (David Rutley)]

It is an honour to serve with you in the Chair once again, Mr Davies. I congratulate the hon. and gallant Member for Tiverton and Honiton (Richard Foord) on securing this important debate and on the considered views he set out, as well as other hon. Members. I will do everything I can to respond to the points that have been raised.

Across the House, we are all horrified by the horrific acts, war crimes and atrocities being committed in Ukraine. It is great to continue to see that level of cross-party support in calling out and condemning these acts of aggression. The hon. Member for West Dunbartonshire (Martin Docherty-Hughes) talked about the experiences of his family during the second world war. My mother grew up as a little girl in occupied Denmark. We need to condemn these acts; we should learn lessons from the wars that have taken place. There is a lot more that we need to do to call out these indiscriminate attacks on civilians, widespread sexual violence, torture and execution.

We are appalled by Russia’s continuing strikes against Ukraine, including missile attacks on Kyiv in the early hours of this morning and over the weekend, as the hon. Member for Cardiff South and Penarth (Stephen Doughty) highlighted. We will continue to do all that we can to support Ukraine in the face of this assault on its sovereignty and territory. The United Kingdom stands with the people of Ukraine in their desire to see justice done. President Putin, the Russian leadership and the forces committing these barbaric acts must be held to account. Responding to that challenge requires a co-ordinated international approach on several fronts. That is why, over the past year, the British Government have been a leader on accountability. Working with our international partners, we have taken action on several fronts. I will set out some of the steps that we have taken.

First, we are supporting the Ukrainian justice system. It is clear that the majority of allegations of atrocity crimes committed will be investigated and, where there is a case to be made, prosecuted in the courts of Ukraine. Ukraine’s prosecutor general recently announced that Ukraine has already registered close to 80,000 cases of war crimes. Sadly, that number will increase. It is important that the Ukrainian justice system is able to rise to that considerable challenge. That is why we established the Atrocity Crimes Advisory Group with the EU and US and provided a £2.5 million UK support package. By co-ordinating among the partners, we are better able to ensure the effective and expedient deployment of resources and skilled personnel in response to the needs of the war crimes units of the office of the prosecutor general.

Through our support, more than 100 Ukrainian judges have been trained in war crimes prosecution and management and nearly 80 members of the national police of Ukraine have been trained on the forensic response, which must not be forgotten. Our package has also supported 14 mobile justice team field visits within Ukraine, including at Kherson, thereby helping to gather and protect evidence that may be used in Ukraine’s investigations. We have assisted civil society organisations to deliver psychological and legal assistance to survivors of horrific sexual violence in conflict.

We are also supporting international justice mechanisms. In March last year, within weeks of Russia’s invasion, the UK led efforts to refer the situation in Ukraine to the International Criminal Court. That referral has now secured the support of 42 other countries, and it enabled the ICC prosecutor to proceed straight to investigation without the need for judicial approval. With the ICC investigations under way, we have intensified our support for the Court, including by organising meetings for international Justice Ministers, to encourage and co-ordinate offers of support.

The UK has led from the front. Last year, we made a £1 million voluntary contribution, on top of our £10.5 million of annual funding. That funding increased the ICC’s capacity to collect evidence and provided enhanced psychosocial support to witnesses and survivors of traumatic atrocities. In March this year, a conference in London hosted by the former Deputy Prime Minister, my right hon. Friend the Member for Esher and Walton (Dominic Raab), generated more than £4 million in voluntary contributions and new offers of practical support for the Court and its independent investigation. That included a £1 million contribution from the United Kingdom.

The ICC is an independent judicial institution and it is for the ICC prosecutor to determine the nature and focus of the Court’s investigations. Those investigations are now well under way and it is clear that they are making progress. The ICC arrest warrants for the unlawful deportation of Ukrainian children that were issued for Putin and his children’s commissioner in March demonstrate that the international justice system is working and moving forward.

Let me turn to the issue of how to ensure accountability for the crime of aggression, about which many contributors to this important debate have talked. Ukraine wants accountability for the illegal, unprovoked invasion from which the war crimes stem. We share that goal and recognise the challenges in achieving it. The ICC does not have jurisdiction over the crime of aggression that has allegedly been committed in and against Ukraine. Under other circumstances, I believe the UN Security Council would have referred this act of aggression to the International Criminal Court to give it that jurisdiction. Russia’s position as a veto-holding permanent member of the Security Council means that that will not happen, which is why we are exploring other options.

In January, the UK accepted Ukraine’s invitation to join a core group that it created to shape thinking on criminal accountability for Russia. I am pleased that there is cross-party support for the Government’s engagement in that respect. The work of the group includes exploring whether a special tribunal on the crime of aggression against Ukraine might be feasible. The hon. Members for Tiverton and Honiton and for Cardiff South and Penarth indicated that the Government might have formed a definitive view. I should explain to colleagues that the Government have not declared their support for one particular option. We joined the core group to discuss how best to hold Russia to account for the crime of aggression, and the group will consider all options. These are of course complex issues of international law.

[Stephen Doughty]

I accept that complexity is inherent and that serious work needs to be done, but will the Minister assure Members that he has listened to what President Zelensky and, indeed, others, including the prosecutor general and Justice Minister of Ukraine, have said very clearly on this issue and the question of a hybrid model?

--- Later in debate ---

[Stephen Doughty]

It is welcome that the recovery and reconstruction conference is taking place here, but of course one of the crucial issues at the conference will be the finance for the huge amount of reconstruction needed. One reason why we support an international special tribunal and other legal mechanisms is that they can provide a firm foundation for action to sequester and seize Russian state assets, rather than just freezing them. Can the Minister update us on the Government’s thinking about the legal process for that? We have had a lot of stalling and flummery and there has not been a clear position on the issue, which will be critical for the conference.

[David Rutley]

I understand the point that the hon. Member makes. Clearly, the asset seizures have been important. We need to work out how they could be used in the recovery. He knows—he is very astute on these matters—that there are complex issues, but we are working away on this, just as we are on the other issues that we have talked about during the debate.

The hon. Member also talked about Belarus. We are taking every opportunity to remind the Belarusian regime that there will be serious consequences if it becomes more directly involved in Russia’s war.

The UK is determined to hold Russia to account for its illegal and barbaric actions in Ukraine, and to ensure that justice prevails. That includes providing support for the Ukrainian and international justice systems, and working with the core group established by Ukraine to consider accountability, including the possibility of a special tribunal. Meanwhile, we will continue to supply aid to help the fightback and crack down on supporters of the war through sanctions, all while remaining at the centre of diplomatic efforts to secure the strongest possible support for Ukraine across the international community. We share Ukraine’s determination that Putin’s illegal invasion must fail and that justice must be done. As President Zelensky said last week in The Hague,

“there can be no peace without justice”.

12.30 pm

Oral Answers to Questions

Stephen Doughty Excerpts

Tuesday 2nd May 2023 Commons Chamber

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

Thousands of jobs in some of our key technological and scientific research institutions throughout the UK are now at risk. We are leaching talent and competitive advantage, and the Government have been dragging their heels. The Minister says that negotiations are ongoing. How long will those key institutions have to wait for an answer—days, months, or yet more years?

[Leo Docherty]

As I have said, I am not going to give a running commentary, but we are negotiating in good faith, we have optimism, and we are determined to secure a fair deal that recognises the researchers whom the hon. Gentleman has described. We are expectant that the negotiation will conclude in good order.

UK’s Exit from the European Union

Stephen Doughty Excerpts

Monday 24th April 2023 Westminster Hall

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

It is a pleasure, Mr Dowd, to serve under your chairmanship, as it was to have served under Mr McCabe before.

I thank the hon. Member for Linlithgow and East Falkirk (Martyn Day) for presenting the petition today, and acknowledge the people who have signed it—over 180,000 people in total—including a number in my own constituency.

I am profoundly aware that this is an issue about which there are passionately and sincerely held views. I thank colleagues from across the House for their contributions to the debate, although I note the stark absence of Conservative Members, with one exception; they are clearly not willing to defend their record.

In contrast, we in Labour will not shy away from engaging constructively in debates about the impact of the Government’s handling of Brexit on people, communities and businesses across the UK. Many of those effects have rightly been highlighted and exposed today, including by my hon. Friends the Members for Hornsey and Wood Green (Catherine West), for Gower (Tonia Antoniazzi), for Battersea (Marsha De Cordova), for Putney (Fleur Anderson), for Walthamstow (Stella Creasy) and for Leeds North West (Alex Sobel), and by my right hon. Friend the Member for Leeds Central (Hilary Benn).

We want to focus on some of the most important tasks today: making our relationship with the EU work; growing our economy; defending our security; and tackling common challenges, from energy to climate change. We will not seek to rejoin the EU, the single market or the customs union, but it is imperative that we make our future relationship with the EU work, fix the holes in the Government’s deal, deliver stability, trust and mutual benefit in our relationships with partners across Europe—both in and out of the EU—and make use of new forums, such as the European Political Community. Indeed, I had fruitful discussions today with friends from Norway, as I know the Minister did too.

I must say from the outset that we do not believe that expending scarce financial resources on a public inquiry that would take years to complete would be the right step forward. We already expose the many impacts and failures of the Government’s policy in this area on a weekly basis in this place, and this is a topic that should rightly be the focus of robust and democratic parliamentary scrutiny, as we have seen today, whether or not we agree with all the points that have been made. I would far rather see the millions that could be spent on an inquiry being used instead to address practically some of the many flaws and holes that we have been exposed today, but this is not just about cost; it is about bringing people together and looking forward rather than dividing them once again by looking back.

We are now almost seven years on from the referendum, and the world and our country have both changed considerably since the day of that vote. The impact of our departure from the EU is, of course, a contributing factor to where we stand today. Indeed, there is consensus among economists that the Government’s poorly negotiated deal with the EU, compounded by 13 years of economic stagnation, has contributed to the UK lagging behind the rest of the G7, as we have heard today.

For seven years, we have watched the Government pick fights with our closest European allies, allowing dogma to override pragmatism. All the while, we have seen investment down, growth sluggish, 45% of businesses saying they have difficulties trading with the EU, and, as we have heard, exports down by a third. We have seen an approach that has often left us isolated, less secure and stuck in the binaries of the past at a time when co-operation was needed more than ever: on security when we face war in Europe; on energy when we face an energy price crisis and the challenge of climate change; and on economic co-operation as we face inflation, the cost of living crisis and the challenge of responding to geopolitical competition and threats to the resilience of our supply chains.

We would completely change the tone and tenor of our relationship with the EU and form the basis for an ambitious partnership based on common interests and mutual respect—clear about our position outside the EU but optimistic about what we can do together in a critical strategic partnership. Fundamentally, that is something the Conservatives are inherently incapable of delivering. Let us take the Retained EU Law (Revocation and Reform) Bill as an example. The Conservatives are doubling down to appease the hard-line fringes by introducing an irresponsible piece of legislation that will only prolong uncertainty for businesses nationwide. The Bill is opposed by business organisations, trade unions and environmental groups, and it undermines the proper role of Parliament by handing Ministers, as we have heard, yet more unaccountable powers, placing hard-won rights at work, environmental standards and consumer protections at the whim of power-hungry Ministers. Frankly, we do not need an inquiry to tell us that this is a grave error or to expose the wider impacts of Tory Brexit policy.

Across the country today, the questions people are asking are, “How do I pay the bills?”, “How do I secure cheaper and greener energy?”, “How do I put food on the table when prices are going up?”, “What jobs and opportunities are there for my children?” and “How do we keep our country safe?” We do not need an inquiry to answer those questions; we need a Labour UK Government. Labour has a clear plan to make our relationship with Europe work and to address the broader concerns that have been raised in the context of the petition. My right hon. and learned Friend the Member for Holborn and St Pancras (Keir Starmer) has set out a clear plan to secure this: securing a deal on the Northern Ireland protocol, which we called for and then supported; tearing down unnecessary trade barriers; supporting world-leading services and scientists; keeping Britain safe; and investing in Britain. Looking forward not back, let me touch on some of those points and address some issues that have been raised in the debate.

Starting with trade, let me be frank: this Government have no clear trade strategy. It is little wonder that the OBR forecasts that UK exports are due to fall by 6.6% this year, which is a more than £51 billion hit to the UK economy. The Government’s last manifesto promised that by the end of 2022, 80% of UK trade would be covered by free trade agreements, including an agreement with the US, but the reality is that these deals are far from complete. Indeed, the UK’s trade deficit with the EU widened to a record high in the final quarter of 2022 as imports from the bloc jumped. The shortfall in the balance of trade and goods ballooned to £32.9 billion in the three months to December—the largest gap since records began in 1997.

The trade barriers put in place by the Tory Brexit deal are accentuating the economic burden being shouldered by our businesses and constituents, and toning them down would be a priority for a Labour Government. Outside of the single market and the customs union, we need to be candid and frank that we will not be able to deliver completely frictionless trade with the EU, but there are things we could do to make trade easier, and we have heard many of them today.

We should build on the positive elements in the Windsor framework. We would expand agrifood and veterinary agreements to cover all of the UK, seeking to build on agreements and mechanisms already in place between the EU and other countries. We would negotiate a long-term deal for UK hauliers to ease the supply chain problems that are holding us back. We would put forward a supply chain working group within the G7 and use the 2025 TCA review to increase the UK’s prosperity. We would seek to agree mutual recognition of conformity assessments across specified sectors so that our producers no longer need to complete two sets of tests or two processes of certification. We would seek mutual recognition of professional qualifications to bolster our world-leading services industry and would sort out data adequacy to allow our digital services companies to properly compete.

Although we do not support the return of freedom of movement, we will seek to find flexible labour mobility arrangements for those making short-term work trips and, as has been mentioned by a number of colleagues, musicians and artists seeking short-term visas to tour within the EU.

On science and research, I want to discuss the opportunity that has been squandered by the Tory Government, about which we heard time and again during the debate. Many of our constituents feel that departure from the EU has restricted them from pursuing education and employment opportunities to which they otherwise would have had access. Of course, departure from the EU did not need to mean an end to Erasmus+ or, indeed, to Horizon. I recently met representatives from Universities Wales who told me of a triple whammy: the end of Horizon and European structural funds and the failure to replace Horizon has meant that 1,000 jobs are now at risk in crucial high-tech, high-skilled jobs across Wales.

The Conservatives made a manifesto promise that they would associate with Horizon. They have repeated that 50 times since, but we have seen instead years of delay and uncertainty, with jobs, projects and inward investment lost, and still no deal, despite the resolution of issues around the Northern Ireland protocol. We would unblock the UK’s participation in Horizon and bring about the co-operation that we need when it comes to science, technology, education and skills across the UK—in key regions and of course our nations.

Let me turn to security. Strong and smart British foreign policy has always started with secure alliances in Europe, but since 2016 our relations with Europe have been characterised by bluster, bombast and brinkmanship by the Conservative party at a time when the security of our country has faced some of its most severe threats. We would negotiate a UK-EU security pact, predicated on the defence of democracy and ensuring, with NATO as our bedrock, that we also see close co-operation and co-ordination with our European allies on foreign, defence, development and security policy, whether on sanctions, our energy resilience, our support for Ukraine, our co-ordination on cross-border crime, our efforts against terrorism, our response to instability on our own continent and near neighbourhood, or indeed our approach to China. We could have had a security pact when we left the EU, but the Tories failed to agree one. We would seek arrangements to share data, intelligence where appropriate, and best practice with our closest allies.

I understand calls from the many petitioners for a rigorous assessment into the Government’s failings when it comes to the Brexit deal that they secured and the impact that it has had on this country. The Labour party will not shirk from addressing those failings or denying their existence, but relitigating old arguments does not build a plan on which to base the future or set a new course for an ambitious partnership with our closest neighbours and allies. We have a plan to move the country forward, resetting our relationship with the European Union, and taking common-sense and practical steps to redefine that relationship to withstand the challenges of the present and the years and decades to come.

--- Later in debate ---

[Leo Docherty]

The hon. Lady should take encouragement from looking to foreign direct investment. FDI stock in the UK increased from $2.2 trillion in 2020 to $2.6 trillion in 2021. That is the highest foreign direct investment stock in Europe and the second highest in the world, behind only the United States, up from our ranking in 2020. That is just one measure of the expression of confidence in the future. Of course, there have been headwinds, but taken in the round the economic future of the UK is one of terrific dynamism and confidence. The hon. Lady should share that confidence, and be confident in the future prospects of the British economy.

Outside the EU, we are creating the best regulatory environment to drive economic growth and develop a competitive advantage in new and future technologies, where terrific growth lies. From artificial intelligence and gene editing to the future of transport and data protection, we are building a pro-growth, high-standards framework that gives business the capacity and the confidence to innovate, invest and create jobs.

[Stephen Doughty]

The Minister is talking about innovation and future technologies. He will have heard Members from both sides of the House raise concerns about the lack of funding outside Horizon. Even if a new deal is agreed, that will not be for a significant period. Does the Minister think that the challenges being faced by the university sector will boost growth, innovation and investment, or reduce them?

[Leo Docherty]

I foresee a future where we have a very dynamic innovation sector, supported by the Government but working in partnership with our European friends. I will not give a running commentary on our negotiations on the Horizon programme, but colleagues will know that they are under way. Our approach is one of buoyant confidence about the benefits of future co-operation—that is all I will say. I hope the hon. Member shares my confidence.

To give another example, we must also remember that the Chancellor’s work on financial services will see more than 30 regulatory reforms unlock investment and turbocharge growth across the UK. A new approach to regulation will make meaningful change for the British public, with, for example, faster access to new medical treatments.

Vladimir Kara-Murza

Stephen Doughty Excerpts

Monday 17th April 2023 Commons Chamber

[Mr Speaker]

I call the shadow Minister.

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

I thank the Chair of the Foreign Affairs Committee for submitting this urgent question and you, Mr Speaker, for granting it.

We are deeply disturbed and horrified by the sentencing today of Vladimir Kara-Murza to 25 years in prison. His only fault appears to be having had the bravery and courage to speak the truth about Putin’s criminal regime and the illegal and barbarous war against the people of Ukraine. The actions we have seen today are simply those of a regime that fears that its own people will come to learn the truth about their Government’s actions.

I too met Evgenia Kara-Murza recently and was overwhelmed by the incredible resolve of both her and her husband. She told The Sunday Times this weekend that she was “baffled” by the UK Government’s apparent lack of support. My greatest sympathies are with her and her brave family today. We have particular responsibilities to Vladimir, as a dual British citizen, yet his family apparently do not feel that has been provided. Indeed, Bill Browder described the Government as “negligent” in dealing with his situation. Vladimir is a patriot who has worked relentlessly, at great personal risk, for a democratic Russia free of the tyranny extolled by Putin and his regime of criminals. The actions of the Government in the coming days will be critical in securing his safety and wellbeing.

I have three questions. First, at least 31 Russian officials have been directly involved in the false prosecution and imprisonment of Vladimir. Can the Minister tell the House or publish a full list of how many of them have actually been sanctioned? The Canadians and the Americans appear to have sanctioned all those responsible. Have we done so? If not, why not? Secondly, he spoke about Vladimir’s wellbeing. There have been attempts to poison him twice. Those involved in his incarceration have a dark record and there is a real risk to his health. What assurances have we received? Lastly, how many times did Ministers raise the case publicly or privately? I was deeply concerned that, before the Foreign Affairs Committee, the Under-Secretary of State for Foreign, Commonwealth and Development Affairs, the hon. Member for Macclesfield (David Rutley), did not even appear to be briefed on the case when answering questions from the hon. Member for Rutland and Melton (Alicia Kearns). What consular support has Vladimir been permitted or provided with? Have the Foreign Secretary or Ministers spoken to his family today or in the last week?

We stand firmly alongside Vladimir and all those who seek a free and democratic Russia, and who expose the truth of Putin’s barbarous regime.

[Mr Mitchell]

I thank the hon. Gentleman for his remarks. I believe the Government have been extremely strongly supportive during this appalling trial and the events that have taken place. He asks me about the 31 officials involved in the trial and what steps the Government are going to take, as did my hon. Friend the Member for Rutland and Melton (Alicia Kearns). As I have told him, I have instructed officials to investigate the possibility of sanctioning everyone involved in the trial. We will report back on that in due time.

The hon. Gentleman asks for an assurance on Vladimir Kara-Murza’s health and mentions the two previous poisonings, in 2015 and 2017. The ambassador has been summoned—he should be arriving at the Foreign Office any moment—and the issue of Vladimir Kara-Murza’s health will be right at the top of the agenda.

The hon. Gentleman mentioned the Under-Secretary of State for Foreign, Commonwealth and Development Affairs, my hon. Friend the Member for Macclesfield, and his appearance in front of the FAC. I should make it clear that he is not the Minister responsible for this specific matter. The Minister responsible, the Under-Secretary of State for Foreign, Commonwealth and Development Affairs, my hon. Friend the Member for Aldershot (Leo Docherty), is very much seized of all the issues raised by the hon. Gentleman.

Russian Assets: Seizure

Stephen Doughty Excerpts

Tuesday 14th March 2023 Commons Chamber

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

I thank the right hon. Member for Chingford and Woodford Green (Sir Iain Duncan Smith) for his role in securing the debate, and I thank Members on both sides of the House for their expert and powerful contributions. I refer not least to the expertise and campaigning of Members on our own side, including my hon. Friend the Member for Rhondda (Sir Chris Bryant)—whose Bill I welcome—my right hon. Friends the Members for Birmingham, Hodge Hill (Liam Byrne) and for Barking (Dame Margaret Hodge), and my hon. Friend the Member for St Helens South and Whiston (Ms Rimmer).

Let me also welcome our friends from the Rada of Ukraine. We are delighted that they are here with us today, and I hope they have observed that while there is much political division across the House on many other issues, one issue on which the House and indeed the country are absolutely united is the need for us to stand four-square behind Ukraine and ensure that Putin loses this war. Indeed, there has been a great deal of unity on the matters discussed today. I, like others, saw with my own eyes the damage to infrastructure outside Kyiv last September—here I draw attention to my declaration in the Register of Members’ Financial Interests. I saw the bridges that had been destroyed, and the devastation of residential buildings and key economic infrastructure. It was absolutely shocking, and it is clear that a huge amount needs to be done.

We in the Opposition have been consistent in our support for the Government in relation to expansion of the UK’s sanctions regime, and we have worked constructively with the Government and with Committees to ensure that it is as strong as possible. That said, we have serious concerns about the pace at which the Government continue to act, the glaring gaps in designations and enforcement, and the apparent reluctance on repurposing frozen Russian state assets. We have heard very clearly about the huge economic needs. The Kyiv School of Economics, working in conjunction with the National Bank of Ukraine, estimates that as of December the damage to residential and non-residential infrastructure amounted to $137.8 billion, while the vice-president of the World Bank suggested that the total reconstruction cost would be between $525 billion and $630 billion. In this year alone, Ukraine’s national budget has a $38 billion gap.

Moreover, before reconstruction can begin it will be necessary to clear the huge number of mines and unexploded ordnance that have been scattered across much of the country, including agricultural land. The other day I spoke to a representative of the HALO Trust, who told me that it would take more than a month for every day of fighting in Ukraine to clear the ground of unexploded ordnance and munitions. That means that if the war stopped today, it would take more than 30 years and billions of dollars to make many areas safe for habitation and economic activity to begin again.

We welcome what the Government have said about the reconstruction conference, and we will work across the House to ensure that it is a success. We also fully support the establishment of a legal process to provide for the seizure of Russian state assets and their repurposing to support the recovery and long-term reconstruction of Ukraine. As we have heard, at least £26 billion worth of Russian bank reserves are currently frozen In the UK. Imagine the good that that money could do if it were reappropriated for reconstruction.

We—indeed, many Members on both sides of the House —have been pressing the Government on this matter for the last year. I have been through a list of Government responses. In July last year, they told us that they were

“considering all options on assets that have been seized and whether they can contribute towards the reconstruction of Ukraine.”

In October, they told us that they were

“considering all options on the seizure of Russian-linked assets”.

In December, they told us that they were

“looking at legally robust mechanisms to seize assets to fund reconstruction.”

In February they signed the UK-Ukraine declaration of unity, which included the phrase

“We will pursue all lawful routes to ensure that Russian assets are made available in support of Ukraine’s reconstruction, in line with international law.”

We heard today in oral questions that the House should be assured that the Government were taking this seriously. I very much like the Minister of State, Foreign, Commonwealth and Development Office, the right hon. Member for Berwick-upon-Tweed (Anne-Marie Trevelyan), but the fact is that there has been no commensurate plan, no announcement and no clear action taken to move this forward over the last year. I hope that she can give us some reassurance today that there will be movement on this issue. She has heard the views of the House. As we have heard, the EU, the USA, Canada and other states are all moving in the right direction, so why aren’t we?

We have heard many different suggestions today, but I was confused to hear the Foreign Secretary say that there was no precedent for seizing assets. Of course, there is the precedent of the first Gulf war in Iraq, as the hon. Member for Isle of Wight (Bob Seely) said earlier. The UN Compensation Commission was established and took in $52.4 billion-worth of Iraqi oil revenues, after 1.5 million claims from Kuwait, to pay for reconstruction and reparations in relation to Kuwait. There is much legal advice out there about the potential to have temporary counter-measures, which would perhaps deal with some of the legal objections. There is a lot of scholarly thought out there about that. There is also the question of whether we could temporarily manage assets to provide resources for reconstruction. We also support the establishment of a special tribunal on the crime of aggression, and that could lead to further institutions and processes to allow for the seizure and repurposing of assets.

The UN General Assembly has already voted on this, adopting a resolution during the emergency special session on Ukraine in November 2022 that called for Russia to pay reparations for its action against Ukraine. We have heard what many countries are doing, including the United States. The US Administration presented six proposals in April last year that would allow for

“the forfeiture of property linked to Russian kleptocracy, allow the government to use the proceeds to support Ukraine, and further strengthen related law enforcement tools”.

We have heard about what the European Union is doing, with the directive on asset recovery and confiscation and the suggestion to add the violation of EU sanctions to the list of EU-wide crimes. We have heard about the debate going on in the European Parliament today. We have also heard much about Canada, whose Budget Implementation Act—Bill C-19—contained numerous provisions. Part 5 of that Act made amendments to the Special Economic Measures Act, the Justice for Victims of Corrupt Foreign Officials Act—the Magnitsky law there—and the Seized Property Management Act. So the United States, the European Union, Canada and others are moving forward, yet this Government have yet to set out a clear plan here.

It has also been pointed out today that our regime is failing and fraying in other ways. I have mentioned the UK-Ukraine declaration of unity, which states:

“We will also ensure, consistent with our legal systems, that Russia has no access to the assets we have frozen or immobilised until it ends, once and for all, its violation of Ukraine’s sovereignty and territorial integrity”.

But, given the very real concerns about the granting of licences that my right hon. Friend the Member for Birmingham, Hodge Hill has raised on a number of occasions, I want to ask the Minister whether that is still the case. If we are issuing general licences, with minimal ministerial oversight, that can allow assets to be quietly siphoned off with virtually no transparency on why they are being granted, is that consistent with the statement that the UK Government signed up to?

I have asked a series of questions on these issues as well, but scant information has been provided in response. What did become clear was that the FCDO appears to be playing no role in this. I shall quote the answer to one of the questions I had an answer to. It stated:

“While the FCDO works closely with other departments across government on sanctions, under sanctions regulations, the FCDO has no formal role in the issue of licences by the UK Government for (A) Russia and (B) Belarus. The FCDO does not maintain a central record of contacts from other departments on those issues.”

That is quite extraordinary. This is a serious issue that the Government need to look at urgently. Where is the oversight? Where is the enforcement? We would introduce proper ministerial oversight of issuing these licences and a joined-up approach across Government to ensure that every Department was working in lockstep on these issues to prevent those who seek to skirt our sanctions regime from doing so.

The question of enforcement has been raised a number of times. Across the UK’s full sanctions regime, which covers thousands of individuals and relates to countries including Iran, Belarus and Syria, only eight fines have been issued in the last four years, according to the publicly available figures from the Office of Financial Sanctions Implementation. Despite the fact that 1,471 Russian individuals and 169 entities are subject to UK sanctions under the Russia regime, no monetary penalties have been issued against any individual or company for sanctions breaches under that regime since the start of the war in Ukraine. Indeed, since 24 February 2022, only two monetary penalties have been issued for breaches, neither of which was under the Russia regime.

We must contrast that with the United States, which has issued 17 penalties since the start of the war, with a value exceeding $43 million. Four of those penalties were specifically linked to the regime relating to Ukraine, with a value of over $25 million. As my hon. Friend the Member for Rhondda said, people will clearly be abusing the regimes. How is it that the United States is finding people and we are not?

There are clearly areas on which we agree with the Government—we all want to see the most robust regime, and we stand united with them in support of Ukraine—but we must seize, not just freeze, these assets, we must close the loopholes in our regime, and we must ensure the tightest enforcement against all those who would seek to aid and abet Putin’s illegal and barbarous war in Ukraine.

--- Later in debate ---

[Anne-Marie Trevelyan]

I thank my hon. Friend for setting out one of the important issues that we are making sure we work on as effectively as possible. We are working very closely with our allies on the handling of seized Russian assets, and we will continue to do so. Let us be clear: our international partners face the same challenge. No country has yet found a legally tested solution. The right hon. Member for Barking (Dame Margaret Hodge) highlighted that Canada is testing the first seizure proposals and we are watching closely. I reassure the House that as progress is made by individual international partners, we will be right alongside them in considering how the UK can find solutions here too. Of course, as has been set out by colleagues, many proposals need UN leadership, and we will keep on driving that coalition.

In the meantime, we have made it clear that, consistent with our legal systems, Russia will have no access to the assets we have frozen or immobilised until it ends, once and for all, its violation of Ukraine’s sovereignty and territorial integrity. Russia will not get a single euro, dollar or pound back until that is realised.

Colleagues have raised questions about the Economic Crime and Corporate Transparency Bill. It will sit alongside the National Security Bill, the Online Safety Bill and the forthcoming economic crime and fraud strategy. It will bear down on criminals who abuse our open economy by reforming Companies House to prevent abuses of limited partnerships; there will also be reforms to target more effectively information sharing to tackle money laundering. The right hon. Member for Barking is right about the effectiveness of section 11 of the Sanctions and Anti-Money Laundering Act 2018, and it is used regularly.

I know that right hon. and hon. Members will be disappointed that I cannot speak more fully about sanctions enforcement and OFSI, as these are matters for His Majesty’s Treasury, but I know they will continue to raise their concerns directly and I have heard them today.

[Stephen Doughty]

I have to press the Minister on this point. Will she and the Treasury together publish a list of the people who have been granted licences and exemptions under the sanctions regime, how many enforcement actions have been taken, and what those actions have delivered in terms of monetary value?

[Anne-Marie Trevelyan]

I will take note of that request and make sure that Treasury officials get back to the hon. Gentleman.

I draw the House’s attention to the economic deterrence initiative, which was set out yesterday in the integrated review refresh. Funded with £50 million over two years, it will improve our sanctions implementation and enforcement. That will ensure that we can maximise the impact of all our sanctions, including by cracking down on sanctions evasion.

My right hon. Friend the Member for Maldon (Sir John Whittingdale) highlighted the oil price cap, which was brought in at the start of the year at $60. We know it is already having an effect, but the Price Cap Coalition is committed to reviewing shortly whether it is both diminishing Russian revenues and supporting energy market stability as effectively as it can.

The package of sanctions we have co-ordinated with our allies has inflicted a severe cost on Putin for his aggressive ambition and serves as a warning to all would-be aggressors. During President Zelensky’s recent visit to the UK, he and the Prime Minister made it clear that Ukraine and the UK remain the closest of friends. They committed to uphold Ukraine’s sovereignty and territorial integrity, to defeat Russia’s illegal and unprovoked invasion, and to pursue all lawful routes to ensure that Russian assets are made available to support Ukraine’s reconstruction, and that is what we will do.

Oral Answers to Questions

Stephen Doughty Excerpts

Tuesday 14th March 2023 Commons Chamber

[Mr Speaker]

I call the shadow Minister.

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

Ukraine’s 2023 budget alone has a $38 billion gap, and the cost of the damage done to critical infrastructure runs into the hundreds of billions. There is one party responsible: Russia. We support the Government’s plans for a reconstruction conference this summer, but we cannot have any dragging of the heels in making Russia foot the bill for its barbarous war. We have heard about other international examples, so when will the Foreign Secretary set out a clear plan to seize—not just freeze—Russian state assets and repurpose them?

[James Cleverly]

The sad but simple truth is that it is not as easy as the hon. Gentleman’s question implies. The fact is that there have been conflicts around the world before and there have been perpetrators before, but there has never been a seizure of assets. As I say, we need to ensure that we are compliant with both domestic and international law. We will look carefully at the proposals being explored and tested by our close friends and allies, but I can reassure him and the House that we will ensure, working in close co-operation with our friends internationally, that Russia pays for the brutality that we are seeing in Ukraine.