Council of Europe

Theo Clarke Excerpts

Wednesday 15th June 2022 Westminster Hall

[John Howell]

The Council of Europe is not responsible for China. It is responsible for what happens in Europe, and the three pillars of the Council of Europe—human rights, the rule of law and democracy—are crucial to its future. That is what we need to hold countries to.

The reason for making the remarks I made before taking an intervention is that the role of the Council of Europe has never been more important. For me, one of the proudest moments was when we expelled Russia from the Council. I am told that I was the first politician to ask for that to happen, in a letter to the Secretary-General, and I was pleased to see the support from the delegation for that action.

Thank heavens that the covid crisis has diminished substantially. The sort of diplomacy required simply cannot be carried out by Zoom or remotely. It is great for our effectiveness to be back in person, and I am pleased that newer members of the delegation can now see that what I said all along about understanding what the Council stood for being best achieved by their personal attendance was absolutely true. I am sure that other Members will want to comment on Russia during further consideration.

[Theo Clarke (Stafford) (Con)]

I am proud to be part of the UK delegation to the Council of Europe and to sit on committees and give speeches to raise important topical issues such as the war in Ukraine. I thank my hon. Friend for recently arranging for us to meet the Ukrainian delegation in Strasbourg to demonstrate the UK’s support. Does he agree with me on how essential it is that the UK continues to work in the Council of Europe? It is a vital part of our global Britain agenda and we must continue to lead on important international matters.

[John Howell]

I completely agree with that intervention. I will come on to say something about that at the end of my speech; it is crucial to what we are about.

The Russian expulsion has, however, left the Council with a deficit, which this time we are keen to see professionally filled. I appreciate the need for reform of the Council, and we look forward to participating in that. It is bizarre that meetings have taken place at a ministerial level in which there has been little contact with the delegation, which has tremendous experience of the Council and its work, but I am grateful that the UK Government have agreed to provide an additional £2.8 million this year to help the Council out of the hole left by Russia’s expulsion. That gives us an opportunity to take advantage of the current situation to push the UK position forward in the full knowledge that we are participating fully in the future of the Council.

It is important to understand how the Council works. It works on the basis of putting forward conventions—international treaties—for countries to agree. Those set standards across a wider Europe in key areas. I will give the example of the Istanbul convention, which goes a long way to answering the question: what does the Council do for us? The Government have set 31 July as the date by which they expect to ratify the Istanbul convention on preventing and combating violence against women and domestic violence. Many of us regard it as a flagship convention of the Council of Europe and as the gold standard for the protection of women and girls in Europe. Dame Maria, you and I spoke at a debate on this subject that I organised in the covid period.

The Government signed the convention in 2012 and have been working since that date to strengthen UK laws to better protect women and girls—we like to change the law in this country before we finally ratify a treaty. The necessary Command Paper was laid in both Houses on 17 May. I hope that there will be no objections in the following 21 sitting days and that the convention will be ratified.

There are two reservations in the convention that the UK is allowed to make. The first concerns crimes in UK law that are not crimes in other territories, and the second relates to migrant victims. Members are free to ask Ministers questions about those caveats. That illustrates only too well how the Council works: a treaty that it is not compulsory to sign, where the arguments for or against are set out and fully debated, and where the successful signing of the treaty involves us as members of the delegation in pursuing the diplomacy involved through, for example, Westminster Hall debates; by encouraging meetings between Ministers and the President of the Parliamentary Assembly of the Council of Europe; and by our membership of the parliamentary network “Women Free from Violence”.

The Council is also active in the field of human rights, and never has there been a greater need to be on top of this issue internationally. I have already held a debate in the main Chamber on the future of the European Court of Human Rights because it does need reform. Non-governmental organisations have too much influence. Some of the judges could be more suitably qualified. Not only were Russia’s judges sent back for examination; the same has also happened with Iceland. But one of the biggest tests for the court is occurring in Turkey, where the Committee of Ministers—the second chamber of the Council—has begun infringement proceedings. The key question here is: are we to allow Turkey to infringe the court, or are we to take action? And what should that action consist of? Does it mean the expulsion of Turkey from the Council, or are there other routes to follow since we cannot do nothing? As one of the rapporteurs for the Council on Turkey, let me explain the situation in relation to Osman Kavala.

Kavala is a leading businessman and campaigner who has been sentenced to aggravated life imprisonment after a period of pre-trial detention. The Turkish authorities argue that the original court case has been complied with in relation to the European Court of Human Rights in that Kavala was released to be rearrested the following day. The court argues that its judgment applies to the whole of the evidence base for all charges brought against Kavala, which are lacking in any evidence. That is the source of the current impasse with the Turkish Government. Turkey faces many attempts at terrorism, for which I have great sympathy, but the question must be asked whether these anti-terrorism laws are too restrictive and contravene human rights. There are, of course, other examples besides the Kavala case.

That example illustrates the important work of the Council in monitoring countries to ensure they are complying with the three pillars of the Council: human rights, the rule of law and democracy. That work and election monitoring are important functions. While I can see there is room for joint monitoring exercises with the Committee of Ministers, this is an important element of what the Council does. I would not like to see it given away to another organisation, and the Council not to have a role.

There is plenty of opportunity for the Council to work with other organisations, such as the Organisation for Security and Co-operation in Europe. I have already had discussions with the head of the UK delegation to the OSCE, and we are looking at ways to work together more closely, but it would wrong to see the OSCE having more experience of election monitoring or in monitoring more generally.

A key question remains about the future role of the Council of Europe. I welcome the UK Government’s support for Kosovo to join the Council, which the delegation also supports. Many discussions on this have already started, in which we can, should and do participate. The recent Turin ministerial meeting is one such example. I am grateful for the attendance of my right hon. Friend the Foreign Secretary at that meeting. Another is the debate that took place at the standing committee in Dublin on the future discussions that will take place.

There is so much more that the Council could do in the area of the rule of law and in promoting democracy more widely across Europe. There are gaps in both those areas in many countries, and knowledge is needed to help them get the right answer. We stand ready to work in promoting that area. The delegation would value the chance to have more extensive discussions with the Foreign Office, and with other Ministers. We do have the experience of putting together programmes in this area.