That this House has considered the work of the Council of Europe.
I am the leader of the British delegation to the Council of Europe, which I declare as an interest, and it is a pleasure to serve under your chairmanship, Dame Maria.
It pains me to start on a slightly sour note, but we are having the debate here in Westminster Hall because successive Leaders of the House have said no to us being allowed Government time for a debate in the main Chamber. I believe that the number of Members who have put in to speak, and the many more who have shown interest in the debate, is an expression of the greatest interest in the subject. It is a shame that we will be unable to hear the full richness of contributions from members of the delegation and others due to time constraints. That is no criticism of Westminster Hall as a setting for the debate, but it is a request to the Minister to provide us with assistance in trying to raise the visibility and importance of the Council of Europe.
More people now understand what the Council of Europe is and what it does. As a delegation, we work hard to make our contribution in the plenary sessions of the Parliamentary Assembly, the committee meetings that take place between plenary sessions and more generally. After each plenary session, we publish, for example, a summary of what we have discussed and the character of the meeting. I brief lobby journalists before we go to the Council. We issue press releases on key subjects, such as the position of Russia and the fate of the British individuals sentenced to death. We have held seminars—well attended—with, for example, Vladimir Kara-Murza, a Russian dissident now imprisoned, and with Ahmet Yildiz on Turkey. Finally, after each meeting, I raise questions on the subjects of the debate we have had. This has dramatically increased the profile of the Council of Europe among parliamentarians, and perhaps more generally among members of the public. However, I appreciate that there is still a lot more to do to ensure that people do not confuse us with the European Union, an organisation with about half the number of member countries as the Council of Europe.
Given that the Council of Europe represents 47 countries and that its mission is to empower and promote our fundamental values of democracy, human rights and the rule of law, and given that we are seeing those values breached both by Vladimir Putin with his invasion of Ukraine and in China and elsewhere, does the hon. Gentleman agree that this place should put paramount importance on those fundamental values and the Council of Europe, and on debate such as this?
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.
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.
Does the hon. Gentleman agree that one of the problems with the Council of Europe is that its work, importance and role are not fully understood, even by Members of this House, never mind the general public? I know he has worked hard on that. We need to have a much more active public relations initiative, explaining the value of the Council of Europe, its powers and the changes it can, and does, bring about among members states.
I agree fully with right hon. Gentleman. I try my hardest to push that as leader of the delegation. It is essential to get across what the Council is about, how it can help, and the role it now plays in—I have to use this expression—a post-Brexit Britain. It plays a vital role in ensuring that we have good relations with parliamentarians in other parts of Europe.
I will conclude by saying that putting down written questions after each debate at the Council of Europe brings home how wide those debates are, and how they affect policy across Government. Debates that relate to the Foreign Office account for about 30%. The rest cover a range of Ministries, from the Department for Work and Pensions to the Department for Digital, Culture, Media and Sport. I ask those questions I put to them to show the range of debates that we conduct, partly to ensure there is a written answer on record for the issues that have been discussed, and so that we understand what Government are doing. That is welcome, at least by members of the delegation, but we would welcome the Minister’s help in ensuring that the Government’s position can be put across when rapporteurs visit the country on behalf of the Council and need to see a Minister. I know that that is a pain, but without it the result does not look good and can leave us in an embarrassing position.
I am extremely grateful not just for the work of all members of the delegation—we try to operate on a genuinely cross-party basis wherever possible, and the number of Members here for the debate illustrates that—but for our utterly brilliant secretariat led by Nick Wright, to whom we would all like to pay our thanks.
I will come to the other people. Finally, on behalf of the delegation, I would like to pay thanks to three people in Strasbourg: Alan Mitchell, the president of the committee for the prevention of torture; Tim Eicke, our judge at the Court, to whom we are grateful for getting to know us and for sharing with us his expertise and experience; and our permanent representative Sandy Moss, whose assistance and co-operation is second to none and has been particularly helpful for the delegation.
The Council of Europe is crucial for our relationship with wider Europe, particularly after Brexit. It sets out a method of co-operation that can alienate no one. It is a major part of our international diplomacy, and Russia’s departure offers us an opportunity to make real change. I look forward to what the Minister has to say.
I congratulate the hon. Member for Henley (John Howell) on obtaining the debate, and welcome on the consensual tone that he has established today and which he tries to create for the UK’s delegation to the Parliamentary Assembly of the Council of Europe. Of course, some issues will divide us, and we cannot shy away from them, because they are important. However, anyone taking a long-term perspective on the development of the European family of nations will see how dramatic a role the Council of Europe has played in enhancing the values of democracy and the rule of law.
There has been dramatic change in those countries that left fascist backgrounds such as Spain and Portugal—that was a long time ago—and, more recently, when the Warsaw pact broke up. Perhaps the failure of Russia to be brought into the family is regrettable, but that must be measured against the success seen in so many other countries. Russia’s expulsion was necessary as it was such a flagrant offender against the basic values of the Council of Europe. We have a problem in knowing how to deal with those who are not prepared to accept the Council’s rules and regime. The case of Osman Kavala and how we deal with Turkey—a persistent offender against judgments of the European Court of Human Rights; and the Council of Europe is all about human rights—is central to that.
Many aspects of the Council of Europe are tremendously important, including the Venice commission, which provides a legal framework in which nations can seek advice about their own rule of law, and the Group of States against Corruption. Corruption is a major issue in many countries. I was in Bosnia last week, and nobody who visits that country will be amazed to know that corruption is one of the central issues that affects it and how young people in Bosnia view their country. It therefore matters enormously that the Council of Europe has a role in fighting corruption.
The committee for the prevention of torture is fundamental, and the capacity to have challenge and inspections here, as well as in those countries that we feel will be offenders, matters enormously, because we are all bound by the same rule of law. That is why I want to touch briefly on the Court, which this morning is controversial here in the United Kingdom.
I am interested in the hon. Gentleman’s remarks on the Court, and he makes a good point about needing to obey the rules. My hon. Friend the Member for Henley (John Howell) referred to the fact that the Court needs reform. Does the hon. Member for Rochdale (Tony Lloyd) accept that there are occasions when the Court sometimes strays into areas that perhaps it should not? An example is the question of whether prisoners should have a vote, which many people think is a political question that admits of two answers. Does the hon. Gentleman agree that the Court needs some reform?
I will certainly concede that the Court needs reform. Frankly, the most outrageous thing about it is that it takes an unacceptably long time for people to obtain justice. We have to look at what that means. I am not sure that I agree with the hon. Member on the example he gave, because there are mixed feelings about that issue. In many countries, prisoners do vote. I have gone into prisons on election monitoring and observation to watch that process taking place. It is not such a preposterous view. If such an issue is arguable, we have to look at the Committee of Ministers and whether the European convention on human rights needs amending, rather at than the role of the Court. The Court’s role is to implement the convention, and it is the politicians who created the convention.
I am afraid I have exceeded my time, but I will finish my remarks by saying that we cannot have half a Council of Europe. If we believe in the role of the European convention on human rights and believe in the institutions, let us assent even when it pains us a little, because it pains other people an awful lot more and it is in our interest.
The Council of Europe was founded in 1949 by the treaty of London. It was founded to combat fascism, Nazism and communism, and played an extraordinarily positive role in doing precisely that. Perhaps its greatest hours of glory were during the break-up of the Soviet Union and the welcoming of new democratic states in eastern Europe. Whereas the EU is centralising, the Council of Europe is welcoming. With 46 member states, it has real power—for instance, on the European convention of human rights, about which I will say a few words in a moment.
As my hon. Friend the Member for Henley (John Howell) has said, we now have a new and very important role in the Council of Europe, given the appalling behaviour of the Russian Federation. I personally feel betrayed by what Russia has done. As a former chair of the all-party parliamentary group on Russia who has sought to understand, but not condone, Russian politics, I think there is absolutely no excuse for what Russia has done in invading Ukraine. Ukrainians have a right to self-determination, and I do not believe for a moment that Mr Putin believes that there is any threat to Russia by NATO; I think he is trying to establish the Russian empire. No doubt it is very sad for some Russians that the Russian empire is over, but it was presumably sad for some Turks when the Turkish empire was over, sad for some Brits when the British empire was over, sad for some French people when the French empire was over, and likewise for any other empire. We all have a right to self-determination.
The Council of Europe, under the guidance of people such as my hon. Friend the Member for Henley, has acted with great vigour in this latest crisis, but that was not the case last time. After Russia took over Crimea, it was expelled for a time from the Parliamentary Assembly. Then, because people at the Council of Europe needed the money, it was allowed to dribble back in. That must never happen again. We must proclaim what is right, and not be deterred from doing what is right because we need its money. I am grateful to the Minister for ensuring that, with other western powers, we are filling the financial gap made by the Russian expulsion.
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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.
I would say to Members of all parties that we cannot say to others, “Please abide by the rule of law and listen to the institutions to which we are subject,” unless we are prepared to make that same judgment ourselves. That really does matter, because it is fundamental to how we as a nation behave and it is fundamental in our capacity to say to other nations, “These are the values that this country of ours wants to uphold.” We were fundamental in establishing the European convention on human rights, and it is important that we recognise that.
As I understand it, the Rwanda judgment is an interim one. It simply says that there needs to be a delay before removal takes place. I welcome that, because I think it is an outrageous policy, but that is not the point. The point is this: do we respect the convention or not?
My point is that the Council of Europe has to concentrate on its core role, which is dealing with egregious human rights abuses in places such as Russia. Other countries such as Azerbaijan and Turkey also have some difficulties. The Council should not start nit-picking with demonstrably democratic western powers. We saw that in the row over prisoners’ voting rights and we are seeing it even today—this is a hot topic—in the very late intervention of the European Court of Human Rights that resulted in the flight to Rwanda not being able to take off with any people. The European Court of Human Rights said that one Iraqi man faced
“a real risk of irreversible harm.”
What is the real risk of irreversible harm? The real risk—the immoral thing—is to allow people to go on crossing the channel and possibly drowning. The European Court of Human Rights, the Church of England and all the critics of the Government’s policy on Rwanda have to ask themselves: what is their solution?
This may be a temporary intervention by the European Court of Human Rights. I hope that it is. However, it rather makes the point that the Council of Europe has a core role in dealing with egregious human rights abuses, and that putting somebody on a safe flight, going to a safe hotel in a safe place, is not an egregious abuse of human rights.