Exiting the European Union (Customs)

Debate between Tom Tugendhat and Ian Paisley

Monday 8th April 2019 Commons Chamber

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

I rise to support the motion, because this subject is close to my heart. One of the inalienable rights that this House has secured in this realm, and indeed on which it has exerted its influence around the world, is the absolute right not to be tortured. We enjoy many rights through the universal declaration of human rights, and indeed through the laws, customs and practice that this kingdom has established over many generations, but most are qualified rights. The right to life, for example, is not an unqualified right; if it were, every doctor would be required always to provide the most invasive surgery and treatment, whatever their patient’s stage in life, even though for some that would be an act of cruelty. Many other rights are qualified in different ways, such as the right to family life, which is qualified when people commit crimes of such gravity that their rights must be legally withdrawn.

However, the right not to be tortured is an absolute right. There are no grounds on which torture can ever be acceptable. That is something that our country has recognised for many years. Those Members who have visited the Tower of London—I admit that I have not been for many years—will have seen the signatures produced by that famous traitor Guy Fawkes before and after he was tortured; the first shows the florid script of Tudor handwriting, while the second is a scratchy, ink-stained scrawl across the parchment, demonstrating the harm caused by the rack.

Sadly, elsewhere in the world torture is still used to this day, and indeed in some places it is extremely common. We have heard time and again of the terrible crimes committed against the Yazidis by Islamic State—crimes of torture that really do cry out for justice. Women have been raped, parents have been separated from their children, men have been murdered in the most horrific fashion, and children have been enslaved, to become either sex workers or murderers for Islamic State. We see all too clearly that torture is alive and well.

Sadly, torture is also alive in certain states. Most recently this was brought to our attention in relation to Brunei. It is a moment of great sadness to many of us who know that Brunei Darussalam, as it calls itself—Brunei, the abode of peace—has been a great friend to the United Kingdom for many years. Today it finds itself reintroducing the penalty, under hudud and sharia, of stoning to death for homosexuals. If that is not a form of torture, and of unbelievably cruel and unusual punishment, I do not know what is.

Torture is alive and well today, despite the 1948 universal declaration of human rights, the 1966 international covenant on civil and political rights, and the 1984 convention against torture, which has now been signed and ratified by over 150 nations and therefore stands part of ordinary law and of the common understanding of rights that people enjoy.

It is worth considering why we are now domesticating these rights and not just allowing existing rules to stand. Of course, they will not stand as we step away from the European Union. It is also worth thinking about why these rights were introduced in Europe in the first place. Of course, many of these rights were introduced not by the European Union but by the European convention on human rights, the amazing piece of drafting that was crafted by lawyers in the aftermath of the second world war—that paragon of torture; that terrible moment when the world looked the devil in the face and the devil really did take hold. In the aftermath of that appalling moment, those laws were drafted by Conservative lawyers—in fact, one of them became a Conservative Attorney General, I am pleased to say—and by people who realised that when the world turns its face to evil, the only thing that occasionally can restrain it is the law.

I am therefore delighted that today we are again recognising that the law requires the ability to control the export of items of torture in order to ensure that we can continue to play our part.

[Ian Paisley (North Antrim) (DUP)]

The hon. Gentleman will be able to confirm that there has been no suggestion whatever that our departure from the EU will in any way impinge on our support for the European convention on human rights, which stands alone and is unaffected by our membership of the EU.

[Tom Tugendhat]

The hon. Gentleman is absolutely right. The ECHR was signed in the 1950s, coming well before and standing separate from the EU. Indeed, it underpins many aspects of the laws that have been signed with our neighbouring states, as he will know only too well. Of course, the ECHR was not at all about the import of European law into the United Kingdom; it was about the export into Europe of UK laws written in the aftermath of the horrors of the second world war. It is of great importance that we remember that the EU and the ECHR are different things.

In closing, it is important to recognise that not only is the export of items of torture horrific but it goes against all the values for which this House and these great islands stand. It is therefore a great pleasure to support the Minister.