Brunei

Tom Tugendhat Excerpts

Thursday 4th April 2019 Commons Chamber

[Mark Field]

I thank the hon. Gentleman for his kind words but also his tone. At a time when so many debates in this House have been very fractious—on matters that we dare not discuss now—it is very important that we are able to unite and work constructively on an issue that is close to the hearts of many of us. On the issue of the garrison, we take very seriously the importance of security in the region, and obviously we are negotiating a range of safeguards for British nationals.

The main thrust of the hon. Gentleman’s contribution was to do with the Commonwealth, so I will touch on that. As he alluded to, the Commonwealth charter states specifically that members are

“opposed to all forms of discrimination, whether rooted in gender, race, colour, creed, political belief or other grounds.”

At the Commonwealth Heads of Government meeting here in London last April, the Prime Minister was absolutely clear:

“Nobody should face discrimination or persecution because of who they are or who they love and the UK stands ready to help any Commonwealth member wanting to reform outdated legislation that makes such discrimination possible.”

I think I should put the issue in context. This is not in any way to justify what is happening specifically in relation to Brunei, but it is worth recognising that 30 Commonwealth member states have the death penalty, four have imposed a full or partial moratorium and 19 have abolished it. Obviously, we are working on trying to increase that number. There are 35 member states that still criminalise consensual same-sex relations, primarily as a result of colonial-era legislation, which does not apply in relation to Brunei, obviously. Since CHOGM 2018, two Commonwealth member states have decriminalised same-sex relationships, namely India and Trinidad and Tobago, which together account for well over 1 billion people. Two member states are able, in principle at least, to impose the death penalty for same-sex relationships. Brunei and some 12 states in the north of Nigeria have adopted elements of sharia law through a component of their legal system. That does not mean, of course, that the death penalty will necessarily be enacted.

Clearly, this is an issue on which we and Commonwealth countries have been working and will continue to do so. We would like to think that progress is being made. I very much agree with the sentiment of the House that the imposition of a sharia penal code is a backward step as far as Brunei is concerned, but progress is being made elsewhere and we will continue to work within the broad international community and the Commonwealth to ensure that countries come on board.

The best way to do that, rather than threatening to kick countries out of the Commonwealth, is to try to hold them close and recognise the strong connections. I would refer, at the individual level, to what the hon. Gentleman said about a close member of his Foreign and Commonwealth team staff, whose heart bleeds to see what is happening in Brunei, as it gives a misleading impression of what is a friendly and generous place. Indeed, the Sultan of Brunei has been a great friend of this country over many years. He has, I think, become a little more devout as he has got older, which is one reason why the sharia code—based, of course, on the Saudi Arabian sharia code—has been put in place. However, I am hopeful that we can continue to have a positive and constructive dialogue on this issue, with Brunei and with a number of countries that we would like to see making changes in future.

[Tom Tugendhat (Tonbridge and Malling) (Con)]

Looking around the Chamber, I am reminded of some of the transformations that we have seen over generations, which have now become so normal and were so obviously the right decision. I think in particular of the freedom of women to have a say in our public life and in our private life.

One of the things that we have not yet seen is the normalisation of the equality of love. We do not see it totally in the United Kingdom, in cultural senses, and we do not see it around the world, in areas where we should. We are talking about this today because a friend of the United Kingdom has decided to turn in the wrong direction. I have heard what my right hon. Friend the Minister has said, and I strongly support the words that he has been using. However, I urge him not just to press harder directly, but to use the regional approach, which he has deployed so successfully in many other circumstances, and talk to our partners and friends in other countries in the area.

Brunei is a country that we feel very warmly towards and that, as he knows more than anyone, has a battalion of Gurkhas who do an enormous amount of work in defending the monarchy and the people there. This is a moment when Brunei could step forward, change its mind and become again a bastion for peace and, in this case, an expression of equality and tolerance, as it has been in so many other areas.

[Mark Field]

I thank my hon. Friend, who knows that area of the world well, for his wise words, to which there is little that I can add. For those who have not visited, Brunei is a beautiful country, and it is a matter of regret for us all that this penal code has come on to the statute book. Because of the high bar for proof and the fact that Brunei has a common law stream in its legal system, I am fairly confident that little will happen in this regard. That is one reason why there has been such surprise in Brunei at the international abhorrence that has been expressed. However, we will do our level best, remembering that Brunei has been a strong friend. We want to encourage it to protect and promote values that I hope will become universal.