Imprisonment of Catalan Leaders

(Urgent Question): To ask the Secretary of State for Foreign and Commonwealth Affairs if he will make a statement on the imprisonment of Catalan leaders.

I congratulate the hon. Gentleman on securing this urgent question. I appreciate it is a question that will drive passions among him and individually among other right hon. and hon. Members of this House, but the position of Her Majesty’s Government on Catalonia is clear: it is a matter for Spain. The United Kingdom strongly supports the rule of law and remains clear that political leaders, like anyone else, have a duty to abide by the law. Questions related to Catalan independence should be resolved within the proper constitutional and legal channels, and questions related to the legal penalties handed down by the courts of Spain are a matter for Spain and its democratic institutions.

I thank the Minister for that answer, as far as it went.

Many Members of this House have been concerned by the cases brought before the Spanish Supreme Court against 12 Catalan political and civic leaders on charges of sedition, the embezzlement of public funds and disobedience in relation to the 2017 referendum on Catalan independence. I wish to make it entirely clear that my question today is about what happened yesterday and that it is not about whether independence is right or wrong.

Nine of those accused have already been held in preventive detention for nearly two years and have been visited by Members of this House, Members of the Scottish Parliament and Members of the Senedd of Wales. Yesterday, they were sentenced. One of those sentenced is Carme Forcadell, the Speaker of the Catalan Parliament, whom you kindly welcomed to Speaker’s House and to our Chamber when she visited us shortly before her detention, Mr Speaker. Her offence, apparently, is to have allowed a parliamentary debate on independence. Yesterday, she was sentenced to 11 and a half years in prison. Mr Speaker, as you confirmed in respect of a point I made some time ago, we would not expect your detention and prosecution were you to allow a debate on Welsh independence. Others jailed include former Vice-President Oriol Junqueras, who was given the harshest sentence of all: 13 years in prison.

Bringing criminal charges is no way to resolve political differences, so will the Government today join calls for the Government of Spain to engage in a proper and respectful process of dialogue with the Government of Catalonia? Will the Secretary of State commit to pressing the relevant EU institutions to consider launching a procedure under article 7 of the treaty on European Union in respect of the Spanish state’s response to the Catalan crisis? This would include consideration of the prosecution and sentencing of the Catalan political and civic leaders, as this is a clear example of how Spain is bringing about a risk of serious and persistent breach of the EU’s founding values of respect for freedom, democracy, justice and human rights, as outlined in article 2 of the treaty. This is a matter for us and the European Union, and is not just a Spanish domestic matter.

As I said, I appreciate that this is a matter that will drive high passions among our colleagues. I note that Members of the Scottish nationalist party are here in force. I welcome them back from their conference and am sorry that they have had to sojourn for this urgent question. I hope that in the future we will be able to find an accommodation to allow them to have their conference without interference from the activities in this Chamber.

As for the right to debate independence in Spain, I will make two points. First, the Spanish constitution, which was agreed by Spain—including the people of Catalonia—in 1978, makes it quite clear that it is not legally possible to hold a legal secessionist vote without a change to the constitution. Secondly, I fully recognise the rights of the parliamentarians in question to make speeches, to debate and to make their points, and they have done so several times in the regional Parliament of Catalonia, as they have every right to do. They also have the right to elections in that regional Parliament. Those elections were held in 2017, and the people of Catalonia made their choices.

Let me turn to the legal rights of the parliamentarians who have been imprisoned. That is a matter for the Spanish courts, and we would not seek to interfere in those courts, just as I am sure that SNP Members would not seek the Spanish authorities to interfere in the proceedings of the Court of Session in Edinburgh. The parliamentarians we are discussing have a right to appeal to the Spanish constitutional court and to the European Court of Human Rights. Let us see how the law takes its course.

It is a matter for Spain, but it is also shocking, horrifying and a reminder of a former Spanish regime.

The Spanish courts are transparent and robust, and they have handed down the penalties according to Spanish law. Whether individual Members of Parliament like it or not, that is the Spanish law and it is for the Spanish Government to change it, if the Spanish people wish it.

I thank you, Mr Speaker, for granting this urgent question and the hon. Member for Arfon (Hywel Williams) for securing it.

As a former lawyer—although I suppose some would say “once a lawyer, always a lawyer”—I am always loth to criticise the courts. I am afraid, though, that what we saw yesterday was the judicial equivalent of what we saw from the Spanish police on the streets of Catalonia two years ago: unnecessary, heavy-handed and entirely counterproductive. In an effort to crush the Catalan independence movement, these incredibly harsh sentences have simply given it fuel. They will serve not just to radicalise what has hitherto been a peaceful pro-independence movement, but to drive many Catalans who were not previously part of that movement to join the cause. As one of the banners carried at yesterday’s protest so pithily put it, “I’m not pro-independence but I’m not an idiot.” That same sentiment will be shared by many—not just in Catalonia, but across Spain—who see in these sentences a basic injustice being committed, which is unworthy of any nation, let alone a member of the European Union.

But I believe that there is hope, and that hope is the approach being taken by the freshly elected socialist Government in Spain. This is a crisis that they inherited, not one that they created. Even in these court cases, the state prosecutor urged leniency in sentencing. This is reflective of an approach that the Spanish Socialist Workers’ party Government have taken and that Labour—its sister party—supports. That approach is that the only way past this ongoing crisis is through peaceful dialogue and the eventual agreement of a political solution drawn up in accordance with the Spanish constitution. If the answer instead is a further escalation of division and confrontation, the radicalisation of the pro-independence movement and more heavy-handed action by the Spanish police or the Spanish courts, then that is not an answer at all, and all the parties of good will must resist it.

He could speak here. He could come and speak in the Palace of Westminster and would be extremely welcome. [Hon. Members: “Hear, hear.”]

Thank you, Mr Speaker, for reminding us of our rights and the rights of our friends who may choose to come to speak to us in the Palace of Westminster.

I am obliged to the right hon. Lady for her comments and for the reasonable tone in which she undertook them, although I would note that this week she seems to be against the judges whereas a couple of weeks ago she was for the judges. I do not think you can be against the judges one week and for them the next; you need to be for the judges all the time.

I am not against judges. I am married to a judge.

Well, I would not wish to comment on the right hon. Lady’s domestic circumstances. She can do that for herself from a sedentary, if not a supine, position.

The right hon. Lady mentioned the approach that Prime Minister Sánchez has taken. I would echo that. He has called for dialogue—for the use of carrot rather than stick. It is incumbent on all of us, as parliamentarians, to encourage sober and reflective debate on what is an exceptionally passionate topic, not least in Spain, and in Catalonia.

With regard to Mr Puigdemont and his right to travel here, which I think was the substantive point that the right hon. Lady made, any European arrest warrant is a matter for the issuing authority and for the independent agencies in this country—the police, the courts and the prosecuting authorities. It is a convention that I do not propose to break in this case that we do not comment on any arrest warrant until or unless an execution of that warrant is made.

Is my right hon. Friend satisfied that due process seems to have been followed and that those sentenced received a fair trial?

The legal framework of Spain is a matter for Spain. Its courts, as I said earlier, are open and transparent. Spain has a robust legal infrastructure that allows for right of appeal, and we support its infrastructure.

Gràcies—thank you—Madam Deputy Speaker. I commend my hon. Friend the Member for Arfon (Hywel Williams) for securing this urgent question.

It is all very well for the Minister to hide behind the constitutionality of what has been done, but could I gently remind him that some of the most unspeakable acts of evil that Europe saw in the 20th century, and that the United States and South Africa have seen, were constitutional and legal? Being constitutional does not make something either legally or morally defensible.

Many of these people are our equivalents. They are Members of Parliament, they are Government Ministers, they are the Speaker of the Catalan Parliament, whose only offence was to seek to implement the mandate they had been given by their people in a free, fair and democratic election. The question is not whether we think that Catalonia should or should not be independent; it is whether we, as parliamentarians, are prepared to stand up and defend the right of parliamentarians across the world to say things that Governments do not like and to implement the policies that their people have put them there to implement without fear of arrest and imprisonment.

Any political system—any constitution—that allows parliamentarians to be arrested for being parliamentarians is a constitution that is not fit for purpose and that needs urgent change. In the case of the constitution of Spain and of Catalonia, the only legitimate vehicle for that constitution to change is through the ballot box. While it is not for us to decide the future of Catalonia, as it is for nobody other than the people of Catalonia to decide that, I stand with the people of Catalonia—estic amb Catalunya—in their right to determine their own future and to do so in a free, fair and democratic process.

Does the Minister agree that the right of self-determination and the right to freedom of assembly are fundamental to the concept of modern human rights? Does he accept that sending armed police to break up peaceful demonstrations sets the wrong tone and is likely to inflame the situation rather than to encourage peaceful and legal dialogue? Will he even attempt to persuade the Government of Spain that the way to resolve this crisis is through the democratic political process and not through the criminal justice system? What conversations has he had with his Spanish counterpart, and with his counterparts throughout the rest of the European Union, to remind them that the founding principle of the European Union is that all peoples have the right of self-determination and that any state that impinges on those rights through the use of force should not be supported by this or any other democratic Government?

The question of whether the referendum in Catalonia was legal is quite clear: it was not legal. It was marked down by the Spanish courts who said that it was illegal. The MPs who decided to use public funds for that illegal referendum knew what they were doing. They knew that they should not have done it. They knew that they were breaking the law. Therefore, they must accept that the law will be done.

In terms of the rights of people to assemble, the rights of people to protest and the way in which police action has occurred in Catalonia, as the right hon. Member for Islington South and Finsbury (Emily Thornberry) said, I would encourage great care to be taken in the policing of these events. We, in our own country, know how very important it is to allow people to protest peaceably and then to encourage them to disperse in a similar way, so I would certainly encourage our Spanish friends to do that.

Have I had conversations with the Spanish Government and with the Spanish authorities here? Yes, I have discussed diplomatically with the Spanish ambassador the likely outcome of the court action that we heard of yesterday, and I shall be talking to him again, I am sure, in the next weeks or months.

Does my right hon. Friend agree that the regional elections that were held on 21 December provided a path to restoring the rule of law, and that it is for all the people of Catalonia to have their say via democratic processes that are consistent with the constitution as it stands presently?

My hon. Friend is quite right. The elections in December 2017 gave the people of Catalonia the right to exercise their democratic mandate, and they did that. That created a regional Parliament that has debated the questions before Catalonia, including the question of independence, several times. It is for that mechanism, and the mechanism in the Cortes Generales if necessary, to amend the Spanish constitution to allow for legal plebiscites to take place. It is a matter for that procedure and not for illegal procedures which, of course, only cause more harm than good.