That this House has considered the work of the Council of Europe.
It is a pleasure to see you in the Chair, Madam Deputy Speaker, since you are yourself a former member of the UK delegation to the Council of Europe.
When I look back at my time as leader of the UK delegation to the Council of Europe, my hope is that the future will judge us on the basis of more than that the approach we have adopted was just a pleasant idea, and then we can all slip back into anonymity.
At the Reykjavík summit of the Council of Europe, the final declaration said:
“We will work together to protect and promote the three fundamental, interdependent, and inalienable principles of democracy, rule of law and human rights, as enshrined in the Statute of the Council of Europe and in the European Convention on Human Rights.”
It spoke of how fundamental the values and aims of the Council of Europe are to us as a country, and how they influence every level of government. The UK willingly signed up to that declaration. It is partly to make that very point that after every plenary session of the Council in Strasbourg I submit a list of written questions on each of the debates we have had, to make sure that they are discussed and known to Government Departments, and that those Departments have the chance to respond. As the Prime Minister said in his speech at the Reykjavik summit,
“the UK may have left the EU, but we have not left Europe. We remain a proud European nation and we must work together to defend the values we all hold so dear. The Council of Europe, with its huge reach, has such a vital role to play.”
I am hugely encouraged to hear the hon. Gentleman’s rhetoric and about the work he has done. The only country to have left the Council of Europe is Russia. There is talk on the Government Benches about leaving the Council of Europe and indeed the European convention on human rights. Does he agree that Russia is not company that the UK should look to keep?
I agree with the hon. Lady, and if she waits a little, she will hear some other excellent news from that summit.
Talking of the spirit of freedom in Europe, the PM went on to say:
“The Council of Europe has nurtured that spirit for three quarters of a century.”
We are proud to offer it our support, and we are proud that the UK has signed that declaration. I thank all who have served and all who do serve as members of the UK delegation to the Council of Europe. As one Cabinet member put it, we do a lot of the work without fanfare and with no praise, to the extent that in this country few have heard of the Council of Europe, and those who have mostly think it is part of the EU. How sad that for much of the UK, Europe has come to mean nothing more than the EU, and not the wider Europe of 46 countries.
Does my hon. Friend agree that although we have left the confines of the EU, we did not leave Europe? We remain a European country, and the Council of Europe gives the United Kingdom the opportunity to maintain our relationship with not only EU member states, but the whole of Europe, and to lead discussions and decision making on common issues regarding democracy, human rights and the rule of law.
I thoroughly agree with that, and as my hon. Friend knows I support that in everything I do in the Council of Europe. I try to interest the Lobby journalists here in the Council of Europe, but I probably fail for the very reason that they see “Europe” in the title. I make a plea to any listening now: the Council of Europe is not part of the EU. It looks after human rights, the rule of law and democracy across the wider Europe, and it should be paid attention to.
I am grateful for the hon. Gentleman giving me his last intervention. Does he agree that the process of Brexit, the run-up to that and the narrow-minded and negative narrative that has pervaded the UK press have had a profound impact on our societies in how we talk about and view Europe? I agree with much of what he is saying, but I am sure he will recognise that some of that has come from those on his Benches. We need to work together to promote the work of the Council of Europe and to make sure that everyone, from the schoolchildren in our constituencies to civic leaders across the UK, understands the power and importance of its work.
I agree with that, and I will come on to say a little more on that in a moment.
Many of the current delegation have not been members for long, but while we are there, we will play our full part in working with the Council of Europe to take forward its aims and values and to make sure they are part of the system we all work in. We need to be wary in particular of the activities of the far right, is out to infiltrate our political groups.
The Council of Europe has just completed a summit, only the fourth it has held in its history. Some members of my political party were sceptical about it; I was not. For an organisation that does not put its head above the parapet often enough, it was a great success and it has shown what the Council of Europe is about. It was attended by our Prime Minister, and the declaration was signed by the UK. The declaration commits the UK to upholding the activities of the European Court of Human Rights and the European convention on human rights. It states:
“We reaffirm our deep and abiding commitment to the European Convention on Human Rights and the European Court of Human Rights (ECHR) as the ultimate guarantors of human rights across our continent, alongside our domestic democratic and judicial systems. We reaffirm our primary obligation under the Convention to secure to everyone within our jurisdiction the rights and freedoms defined in the Convention in accordance with the principle of subsidiarity, as well as 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 goes on to state:
“Our European democracies are not established once and for all. We need to strive to uphold them each and every day, continuously, in all parts of our continent. The Council of Europe remains the guiding light that assists us in fostering greater unity among us for the purpose of safeguarding and realising these ideals and principles which are our common heritage. We reaffirm our commitment to developing mutual understanding among the peoples of Europe and reciprocal appreciation of our cultural diversity and heritage.”
I thank my very good friend for allowing me to intervene. In the case of Turkey, a country that he and I care about, what influence and power do we have when he sees something that is palpably wrong, apart from publicising it? Do we have any more power in the Council of Europe than that?
We have a tremendous amount more power, and that power lies in the personality of the rapporteur and what they want to do. They can do that by talking diplomatically to people there, rather than banging the table and demanding that something be done.
There was an idea at the summit to appoint a new commissioner for democracy. I confess that I was interested in the position for myself, but unfortunately the idea was placed on the back burner and not taken forward, which I think is a shame. Right across Europe, we see a backsliding on democracy that is very worrying. The appointment of a commissioner for democracy would have helped to prevent that.
What impact does the Council have on our domestic legislative agenda? Let me give two short examples—the Istanbul convention and the Lanzarote convention. The Istanbul convention sets out the protections that are required for women in cases of violence and domestic abuse. It is a landmark convention, and I am pleased that, after lobbying by me, we have signed it—in part, but being able to sign it in part is important. This so distinguishes the way the Council of Europe works from the way that the EU works. It is characteristic of the convention system used by the Council that conventions are put together right across the nations of Europe, and it is the choice of every country to determine which bits should apply in their own country.
The Lanzarote convention is a comprehensive treaty that does a great deal to put in place the international co-operation required to protect children’s rights. I would add a third example, which is the Venice Commission’s work to establish the principles under which ombudsmen work and are appointed. The all-party parliamentary group on alternative dispute resolution looked at that yesterday, with a representative from the United Nations also saying that it has adopted the Venice Commission’s principles.
What good does the Council of Europe do? Critics say that it is nothing but a talking shop. Well, perhaps, but I would strongly argue that it does much more than that through the work of the Assembly, the Committee of Ministers, the Court, the anti-corruption activities of the Group of States against Corruption, the anti-human trafficking work undertaken by the group of experts on action against trafficking in human beings, and the work of the Venice Commission in strengthening democratic institutions. All of these deliver tangible results across member states.
I thank the hon. Member for his leadership of the delegation, and for the huge amount of work he puts into the Council of Europe. He leads a commission that has ended up with the Council agreeing to the principal of ecocide being recorded in international and national law. Would he care to reflect on how we can encourage national Parliaments to take more seriously agreed declarations that come from that source, which will help us all to have a stronger environmental protection law?
I agree with the right hon. Member. I am trying very hard to persuade this Government to accept that there is such a thing as ecocide, and that it should be included in descriptions of how the world operates. I am having difficulty with that, but I shall continue to try. I think it is a very good point.
I am a convinced multilateralist, and although multilateralism is under attack everywhere at the moment, I simply do not believe that any country can make a go of everything by itself. That means having somewhere where ideas can be talked about and discussion can take place, and that is what the Council of Europe does.
What has this delegation achieved? It is down to this delegation that we expelled Russia from among the Council’s members—the first international organisation to do so. It is down to this delegation that we lobbied the Turkish delegation to persuade President Erdoğan to admit Sweden and Finland to NATO, a move that I must admit has worked better in the case of Finland than that of Sweden. It is down to this delegation that the UK Government and the Opposition are supporting the membership of Kosovo. These may all be examples of soft diplomatic power, but there is nothing wrong with that.
I would like to take this opportunity to thank all members of the delegation for the work they do. I would also like to thank Sandy Moss, our excellent permanent representative in Strasbourg, whose work on the summit was masterly. I would like to thank our equally masterful secretary, Nick Wright, and his team, without whom we would be in deep trouble and with whom I very much enjoy working.
If there is one message from this it is: let us all follow the vision set out for the Council at the summit, and let us make that summit a reality.
It is a real pleasure to take part in this debate. As I said in my intervention, I commend the work of the delegation. I would like to endorse everything the hon. Member for Henley (John Howell) has said about the work of the support team—Nick Wright and his staff—who are fantastic in ensuring that things happen, and that the delegation gets there and takes part in the debates.
Being relatively newly appointed to the Council of Europe—I only came on to the delegation since the last general election—I have to say that most people have no idea what the Council of Europe does. Whenever I mention to people locally that I am going to an event at the Council of Europe, they say, “I thought we’d left all that behind”, and I have to explain that it is actually something different from the EU. It is often just simply not understood. The stuff that comes out of it is often not very much debated here either, so it is good that we have a main Chamber debate on this today. The examples the hon. Member gave about the Venice Commission, the Istanbul convention and other conventions are very important, and I think we need a system in which the Government respond, in the way they are required to respond very publicly to Select Committee reports, to give the same emphasis to issues that come from the Council of Europe, which I think would make it more important.
I want to make a few quick points, Madam Deputy Speaker, but could I first crave your indulgence for one moment? Tomorrow is 9 June, which means that it is 40 years since I was first elected to this House. I just want to put on record my thanks to the long-suffering and very wonderful people of Islington North for electing me all those years ago and for continuing to elect me to Parliament. My dedication is to them, and to serving them to the best of my ability in dealing with the housing, immigration, planning, environmental and other issues that I deal with. I just want to use this opportunity to put that on record and to thank all of them.
Hannah Bardell
The right hon. Gentleman is making a powerful and important point. Does he agree that it is cynical and desperate of this Government to use their appalling Rwanda policy and a very reasonable judgment by the Court, to which we send judges and have signed up, in order to undermine the authority of that very Court?
I could not agree more. Britain was an early signatory and, indeed, provided many of the people who wrote the declaration and established the Court in the first place.
I also accept that there are problems in the administration of the Court and difficulties in getting cases to it. There are thousands of people across Europe who have different issues that they believe should be dealt with by the Court. I remember doing an advice bureau one Friday evening some years ago, and I counted the number of people in my constituency alone who felt that their injustice deserved the attention of the European Court of Human Rights. I thought, “Well, if we multiply that by 650 in Britain and then multiply that by 23, we get an awful lot of people.” Obviously, it is not that simple. People cannot just go there; they must first go through all their national legal processes. But there is still a substantial backlog and we have had useful meetings with the administration and the chief of the Court to try to understand the process they adopt, the analysis they make of all cases and how they are dealt with.
The Court’s judges are, after all, elected by the members of the Parliamentary Assembly of the Council of Europe and we vote on them. The only criticism I would make is that the appointments committee spends a lot of time interviewing the applicants and forms a view on them and issues a declaration, while the rest of us get often substantial biographical details of the individual but it is very hard to understand from that what their legal approach and attitudes actually are, so it can be difficult to decide who is an appropriate candidate. We could be slightly more open about that and perhaps spend a bit more time on the appointments, because it is pretty fundamental appointing a judge for nine years to the European Court of Human Rights, which can have an effect on the lives and liberties of citizens all across Europe. Criticisms of the Court and of any legal decision are normal—we make them all the time—but we must accept that we and our legal system are very much part of that process.
20 of 45 shown
As Lord Kirkhope said in the other place, let us ensure that international agreements such as this are honoured.
When the UK last held the presidency of the Council of Europe back in David Cameron’s time as Prime Minister, we initiated what has come to be called the Brighton declaration, which was a reform of the system of how the Court operated. The Brighton declaration wrote the principal of subsidiarity and the importance of domestic courts into the convention. If only people had read that before the recent fuss, it would have made life easier and simpler.
Of the things that the Council of Europe does that I most value, the two most prominent are election observation and monitoring. The Organisation for Security and Co-operation in Europe does election observation, but that does not make what the Council of Europe does any less important. I pay tribute to colleagues who put themselves into difficult situations to ensure that elections are free and fair. It is a two-stage approach. The first question is, “Is the environment in which the election takes place free and fair?” In the case of Turkey, I would argue that it was not. The fact that many of the President’s rivals had been arrested suggests that. The second element is, “Is the process used for people to vote free and fair?” In one case, in Bosnia and Herzegovina, we found that those elected to open the polling booth turned up with a hold-all full of pre-filled polling cards in favour of the pro-Iranian candidate. They were promptly arrested.
I praise the role of rapporteurs, whose presence in pre-election missions is critical. A good rapporteur who knows the territory well and can get into the detail is a necessary requisite for that. That is not always the case with all rapporteurs. Many have a thin and superficial knowledge of the country they are reporting on.
One of the most potentially useful things I have done as a rapporteur for Turkey is to visit the human rights prisoner, Osman Kavala. He was—I should say is—a prominent businessman and philanthropist. He also has a link to this country, where he was on the faculty of the University of Manchester. When I visited him in a Turkish high-security prison, where he has been imprisoned for more than five years in pre-trial detention, I saw a man who showed no resentment for how he had been treated. I hope that now the elections are over, President Erdoğan will pardon Kavala and release him. He is of course not the only human rights prisoner in Turkey, but he is the epitome of all the others.
The declaration that came out of the Reykjavik summit is obviously extremely important, and it is very much dominated by the situation in Ukraine. Russia leaving the Council of Europe was a huge event, for obvious reasons. I think it was the first time any state has left the Council of Europe. I fully understand why—I fully understand what happened, and I absolutely and totally join everyone else in condemning the invasion of Ukraine by Russia—but we should also be aware that Russia leaving the Council has denied all Russians any access to the European convention on human rights and the relative protections they could try to obtain from it. I also fully acknowledge that there have been huge difficulties in Russians getting justice following decisions made at the European Court of Human Rights or through the convention, but we just have to be aware that it is a Europe-wide convention on human rights, and we want everybody to abide by it and to abide by the decisions of the Court.
All the Council of Europe sessions over the past two years have been very much dominated by Ukraine, and that is absolutely understandable. As I have said—and I repeat it—I totally condemn the Russian invasion and occupation of part of Ukraine. I would hope that at some point in the future the Council of Europe can become an agent that helps to bring that war to an end, because at some point there will have to be negotiations. At some point, there will have to be a peace process and at some point—I hope very soon—those who have been wrongly taken to Russia will be returned and there will be a process of dealing with the victims of war, wherever they are from and whatever they have suffered as a result of it. I believe that the Council of Europe has a role in that and a role in bringing people together, and I hope we can achieve that.
One issue the hon. Member for Henley brought up, and I would like to raise it as well, is the European convention on human rights and the role of the European Court of Human Rights. Page 4 of the declaration states:
“We reaffirm our deep and abiding commitment to the European Convention on Human Rights and the European Court of Human Rights…as the ultimate guarantors of human rights across our continent, alongside our domestic democratic and judicial systems.”
It was obviously extremely difficult back in the 1940s to draft the European convention on human rights and to establish the Court, because we were dealing with fundamentally different legal systems across all the member states, with very different perceptions of the separation of political and judicial powers. So it is a wonderful achievement that the European Court of Human Rights exists at all.
From its inception, the Court was part of our domestic law, and from the Human Rights Act 1998 its caselaw was absolutely part of our law. Therefore, when an injunction was granted to prevent an individual being removed to Rwanda by the UK Government, I was surprised that so many Members of this House and the Government reacted with horror and anger at the alleged interference of the European Court of Human Rights in domestic law. It is not interference; it is absolutely part of our domestic law. We need to think a bit more deeply about the passage through this House of the migration Bill, which itself does not meet the human rights declaration required of all legislation anyway. If we are in breach of a convention that this country was a party to in 1949 and has been a member of all that time, and we appoint judges to the European Court of Human Rights, we should have more respect for it and understand what it is saying and trying to do.
I say that because there are voices, mainly in the Conservative party, that would like us to leave the European convention on human rights entirely and keep calling it interference with domestic law. I want to put it on the record that I strongly think we should remain in the European convention on human rights and understand and respect the law that goes with it.
The fact that the injunction granted was on an immigration issue also demonstrates the importance of immigration issues to the Council of Europe. I am a member of the migration Committee, and we have raised a lot of issues about pushbacks against refugees trying to enter particular countries—pushbacks by Greece, by Turkey and, indeed, by this country in the English channel. It is an uncomfortable truth that there are 70 million people around the world who are refugees seeking a place of safety. Some of them are coming into Europe and some of them are in Europe, and the media and cultural approach towards refugees is appalling in many cases—it is quite shocking.
I have been to Calais and talked to people there. They are desperate and poor and confused, and they are victims: victims of war, of human rights abuses and of environmental disaster. They are seeking a place of safety. One day they will be our neighbours, our doctors and our teachers, and we need a better and different approach to adopting and treating refugees in our society. If it is an uncomfortable wake-up call from the Council of Europe, then so be it; I think that is a good thing.
I am very happy to serve as part of the UK delegation on the Council of Europe, and all Parliaments have politically diverse delegations in order to bring up the many issues that need to be raised there. I am pleased that we are having a debate on this today, but one message that could come out of it is that we want the Government to be more responsive to issues that come of out of the Council of Europe, and that the House should automatically have a main Chamber debate at least once a year to go through the main issues arising from the Council of Europe, as we are doing today. If we want to live in a continent of peace, with protection of the environment and of human rights, this is an opportunity and a place where all those countries can come together at parliamentary level to try to achieve those kinds of changes.