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Proceeding contribution from James Clappison (Conservative) in the House of Commons on Thursday, 27 October 2011. It occurred during Debate on Council of Europe (UK Chairmanship).


Council of Europe (UK Chairmanship)

I think it has been conceded that any citizen in the European Union who feels that their human rights have been breached can already take the European Union to the European Court of Human Rights through the activities of their member state. That can already be done, and it is not clear what the effect of the European Union joining the convention will be. However, having said that, I deal with this issue in a pragmatic way. We are where we are; the European Union is going to join. The question for British representation and our chairmanship of the Council of Europe is how we make a success of things and smooth out some of the difficulties. I urge my right hon. Friend the Minister for Europe to pay careful attention to the points that my hon. Friend the Member for North Dorset raised about the way in which the European Union members in the Committee of Ministers will operate. There should be no question of any caucusing or any departure from the representation that normally takes place, where every member state on the Committee of Ministers sits as an individual member state. If we depart from that principle, we are in danger of creating two classes of members in the Council of Europe: those that are members of the European Union and those that are not. That would be damaging, so I hope that it does not happen. I feel confident that my right hon. Friend and his colleagues will work hard to ensure that that does not happen, so that we obtain whatever benefits are to be obtained—at least there is one Member in the Chamber, speaking for the Liberal Democrats, who thinks there will be some benefits; I think it will be more a question of mitigating the damage—and make the best of things. My hon. Friend the Member for North Dorset is not approaching these issues as one who is a completely hardened Eurosceptic, as we know from his speech on this matter the other evening. His voice on this should be listened to, as someone who wants this to succeed and who is taking a pragmatic point of view. I hope that my right hon. Friend the Minister will pay attention to that, and work hard, as I know he does in every other field of the European Union, to make this a success. My second point that the British chairmanship could take forward relates to the emerging democracies on the borders and in the neighbourhood of Europe. I am thinking particularly of those that have been involved in the Arab spring. The Council of Europe has built up a good record over a long period of helping to promote democracy in newly democratic states in Europe. Indeed, that is part of its history that has perhaps not been emphasised sufficiently this afternoon. It started in the dark days of the cold war, when it had a small membership. As the cold war ended, and we began to have more democratic states in Europe, the Council of Europe did a very good job of promoting and safeguarding democratic values. Obviously, the countries on the borders of Europe in the Arab world are in a different position, but there can be a role for the Council of Europe in promoting democracy in those countries. It has already established its partnership for democracy scheme, which is now in operation in Morocco, and it has agreed to give the same status to the Palestinian Authority. This can only be a good thing, and it is in everyone's interests to promote human rights in countries that have had a political culture of dictatorship and have not been democracies in the recent past. I would therefore urge my right hon. Friend the Minister to take forward that good work, as it will be to the profit of the Council of Europe and of this country. My third point is a more general one, and it echoes some of the points made already this afternoon, particularly by my hon. Friend the Member for Gainsborough (Mr Leigh). May we have a tighter focus during our chairmanship on what are generally regarded as human rights? It would be quite an undertaking to try to define human rights in the time that I have available, but I would like us to focus on those things that members of the public, our constituents, would recognise as human rights. They include the right to life itself, the right to freedom of expression, the right to freedom of religion and the right to freedom of assembly. Those are generally accepted as human rights. It has to be said that, today in Britain, human rights have rather a poor image compared with the one that they had 20 or 30 years ago. Today, if one raises the issue of human rights with the general public, one is more likely to elicit a groan than a cheer. That was not always the case, however. Certainly, in the 1960s, 1970s and—dare I say it—the 1980s, people regarded human rights in a positive way. They associated them with admirable organisations such as Amnesty International, with the dissidents in the former Soviet Union and with the people fighting apartheid in South Africa. Human rights had a positive image, but things are very different today. In his excellent speech, my hon. Friend the Member for Gainsborough made some important points about the perception of human rights. I have to say that there is a clue as to what the turning point was. It seems to have come at about the same time as the passage of the Human Rights Act 1998. I remember this because I was in the House at the time. There were those who said that we should be careful about the effect of incorporating the convention on human rights into British law. They pointed out that our legal system was very different from other European legal systems, and that the effect of its incorporation could create considerable difficulty. They also said that it could lead to more and more judgments of a political nature masquerading as judgments on human rights. So far as the Council of Europe is concerned, if Ministers can bring the focus on human rights more tightly on to what people regard as human rights, that would be a good thing. There is still a need for the safeguarding of human rights in Europe, and even—dare I say it—in this country. Even after the passage of the much-vaunted Human Rights Act, there have been serious violations of human rights affecting this country that were not even covered by the Act. They have, however, been the subject of very good investigations by the Council of Europe. I am thinking particularly—this took place during my time on the Council of Europe—of the very good investigation into extraordinary rendition, which was carried out by the Swiss senator, Mr Marty, and the relevant committee of the Council of Europe. At that time, the question of extraordinary rendition was not terribly fashionable. Only a few lonely voices, such as that of my hon. Friend the Member for Chichester (Mr Tyrie), raised the issue here, and he was met by a wall of silence when he did so. It was denied that there were any problems for this country with extraordinary rendition. My hon. Friend tried to shed light on it, but not much light was shed. It has turned out to be the case—not least through the work of the Council of Europe and Senator Marty—that there were indeed matters that needed to have light shed on them at that time. I believe that apologies or acknowledgements have been made that there were problems involving extraordinary rendition, which were denied from the Dispatch Box but were in fact taking place. There certainly were issues of extraordinary rendition on British territory, and there were the ““black sites”” and the circuit flights used for that purpose in Europe more widely. All of that was brought to light through the work of the Council of Europe. The Council of Europe has indeed played a very good role, as torture is something that I think we would all accept as being a breach of human rights. My hon. Friends who served on the relevant committees did a very good job in helping to reveal the facts. The Council of Europe does not receive a great deal of publicity in this country, but I think it does a very good job in dialogue with other member states, including the new democracies in Europe. It does a good job also in dialogue with the states that have observer status on the Council of Europe, including the state of Israel. It has certainly worked hard with those observer countries to promote human rights through them. The question of the cost of the Council of Europe was raised by the hon. Member for Bassetlaw (John Mann). I think we all need to be vigilant about the costs of these international assemblies, but as has been said, the Council of Europe has not had its expenditure increased, so it has had a real-terms reduction over several years. We should all look carefully at this. Perhaps a better place to start in the search for cost reductions in our representation in international organisations would be with the European Parliament, which has—today, as it happens—submitted a request for a 5.2% increase in the European budget, coming on top of a claim for an increase of 6% last year, which resulted in an actual increase of 2.9%. I hope that our Ministers will continue to work as hard as they have—it is very much to the credit of my right hon. and hon. Friends that they were at the forefront of the effort—to keep the European budget down. They fought hard, but of course they have to work with the other member states and the other institutions of the EU. There was certainly no lack of effort. In light of the comments from the hon. Member for Bassetlaw, I hope that my right hon. and hon. Friends' work to control these budgets will get support from all parties. I hope we will not hear something said from either side of the Dispatch Box that is not then followed up in the activities of the MEPs of the parties in question. I wish the Minister for Europe well in his role. I know he is very busy, with many other matters to attend to. I hope that Britain makes a success, as I am sure it will, of its chairmanship of the Council of Europe. There will be some big issues to confront. I am sure that my right hon. and hon. Friends will rise to those issues and that we will showcase our own very good record in these matters, while also giving impetus on the important challenges that lie ahead—not just in Europe, but in the countries near to Europe—in promoting and safeguarding human rights at this very sensitive time.


Secondary information

Type
Proceeding contribution
Reference
534 c566-8 
Session
2010-12
Chamber / Committee
House of Commons chamber
Subjects
Cyprus Democracy Homosexuality Human rights European Convention on Human Rights Gender European Union Internet Discrimination Freedom of expression European Court of Human Rights Parliament Sovereignty Reform Rule of law Turkey Council of Europe FIFA
Link
View this Proceeding contribution on www.publications.parliament.uk