Greenpeace Activists in the Russian Federation

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Wednesday 23rd October 2013

(10 years, 6 months ago)

Westminster Hall
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David Lidington Portrait The Minister for Europe (Mr David Lidington)
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I congratulate the hon. Member for Rhondda (Chris Bryant) on securing this debate. The attendance this morning and the passion with which right hon. and hon. Members on both sides of the Chamber have spoken indicate clearly to anyone studying our proceedings, in this country or Russia, that there are extremely strong feelings in Parliament and among the wider British public about what has happened offshore and in Murmansk.

In the 11 or 12 minutes remaining, I will focus on the British nationals who have been detained. That is not to dismiss the importance of wider issues of Arctic policy that the hon. Members for Bristol East (Kerry McCarthy), and for Brighton, Pavilion (Caroline Lucas), raised. The Government published a new policy framework document on the Arctic last week, and there may be opportunities for a wider debate on those matters in the House.

The arrest of the six British nationals who were on board the Greenpeace vessel Arctic Sunrise was, and remains, of great concern to the British Government. We hope that there will be a resolution to the incident that is acceptable to all parties. The priorities that govern our approach at the moment are, first, to try to do everything we can to ensure the proper welfare of the British citizens and the two New Zealanders detained—the New Zealand Government have asked us to take responsibility for providing consular support—and, secondly, to find an outcome to the affair that is acceptable to all parties concerned.

We learned of the arrest of those aboard the Greenpeace vessel on 19 September, and on the same day we decided to deploy a consular team to Murmansk before the vessel got into port. We contacted the Russian authorities to secure access rights, and on 24 September, consular officials were able to meet the British nationals when they arrived in Murmansk to check their welfare and collect messages to pass back to their families.

Murmansk is some 1,000 miles from Moscow, and we do not have a permanent British consulate there, but because of the seriousness of the incident and the number of people involved, each week we have dispatched a team of officials to Murmansk from our missions in Moscow and St Petersburg. Our consular officials attended the preliminary court hearings for all British nationals between 26 and 29 September. As the House knows, all 30 detainees were remanded for up to two months and transferred to pre-trial detention facilities while the authorities investigated further. Both before and after the hearings, our consular officials were allowed to talk to the British citizens and take messages from them to pass to concerned relatives in the United Kingdom.

Our officials carried out further consular visits to all six British detainees on 3 and 4 October. We were able to check on their welfare and address any concerns; this included helping to ensure that one British national who had earlier collapsed in court received appropriate support. We have since continued to visit the British nationals regularly, and our officials were present during the appeal hearings that concluded this week. As the House knows, the court dismissed all the appeals and upheld detention. Due to our lobbying efforts, at present all the British nationals are being held in the same detention facility, and have had regular access to Greenpeace lawyers.

Briefly, on the points raised by the hon. Member for Rhondda, our understanding is that all the detainees have access to lawyers, who were provided by Greenpeace in the first instance. We have also provided lists of local lawyers who we understand are able to do business in English—clearly, the FCO cannot vouch for the quality of any particular legal representative. We take up with the Russian authorities any concerns about prison conditions and access to appropriate medical treatment, as well as other concerns that detainees may have. Our latest information is that some of the detainees are sharing cells and others are in a cell on their own. We have raised any concerns expressed to us by the detainees with the prison authorities. The detainees are telling us at the moment that the conditions are what they term “broadly acceptable.” I am not saying that the conditions are comfortable in the remotest, but the detainees themselves describe the conditions as “broadly acceptable.”

Our priority is to ensure that we continue to provide consular assistance to the British nationals in Murmansk and to maintain contact with their families here in the UK. I have made it clear to my officials that when it comes to prison conditions and access to visits of any kind, I want to ensure that we hold the Russians to the letter of what they offer under their own prison rules, law and constitution.

On 2 October, the Russian investigative authority charged all 30 detainees with acts of piracy. Bearing in mind the clearly stated view of President Putin, many hon. Members will have been surprised that piracy charges were brought. The UN definition of piracy in the convention on the law of the sea does not appear to uphold the charges. The charges, however, are being brought under a particular provision of the Russian criminal code. I agree with those who have said during this debate that the key issue is the proportionality of the charges. We are in regular touch with Greenpeace lawyers on that issue, but the legal picture is complicated by the Russians arguing that the action comes under their domestic law.

As some hon. Members have commented, the Dutch have taken the ship’s detention to international arbitration. That is a legal matter for the Dutch as flag nation, as my hon. and learned Friend the Member for Torridge and West Devon (Mr Cox) said, but we remain in close contact with the Dutch authorities on that aspect of the case.

Geoffrey Cox Portrait Mr Cox
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Will the Minister give way?

David Lidington Portrait Mr Lidington
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I will, but I would be grateful if my hon. and learned Friend was brief.

Geoffrey Cox Portrait Mr Cox
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The arrest of a ship on the high seas must be done under the UN convention. Is it the opinion of the Foreign Office that the arrest of the ship was within or without the legal power under the convention?

David Lidington Portrait Mr Lidington
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With respect to my hon. and learned Friend, I am not here to comment on the Russian legal case. I am certainly not saying that we agree with the case, but the Russian argument is that the Russian domestic criminal code applies to the rig, and that the small boats from the main vessel that approached close to the rig were in breach of that criminal code. That is the Russian argument, and it may be something to take up in more detail with the Russian ambassador when hon. Members meet him.

It is not only in Murmansk that we have taken action. My right hon. Friend the Foreign Secretary raised the issue with the Foreign Minister Sergei Lavrov in New York on 25 September, and he followed that with a letter to him on 6 October. Senior FCO officials raised the case with the Russian ambassador to the United Kingdom on 26 September. Our ambassador in Moscow raised the case with deputy Foreign Minister Ryabkov on 2 October and met deputy Foreign Minister Titov yesterday to discuss the case further. We will maintain that senior-level engagement. We continue to use working-level contacts with the Russian Government, and to explore other options to raise the issue with senior Russian interlocutors.

Ben Bradshaw Portrait Mr Bradshaw
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Is the Minister saying that the Prime Minister has not picked up the phone to President Putin, as Chancellor Merkel has? That is outrageous.

David Lidington Portrait Mr Lidington
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We continue to keep under review at what level and with what sort of approach it is right to make approaches to the Russian Government. Our priority is to try to get the best possible outcome for the British nationals who have been detained. The Prime Minister is taking the very close interest that the House would expect, both as Head of Government and as a constituency Member of Parliament. As the Foreign Office Minister dealing with the case, I can testify that the Prime Minister’s involvement and interest are continuous and intense. He has also been in personal touch with other European Heads of Government—in particular, he has been in touch with Prime Minister Rutte of the Netherlands—and he will continue to be so.

Chris Bryant Portrait Chris Bryant
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It would be a good idea if the Prime Minister were to get in touch directly with Putin. Specifically, the Prime Minister should be saying that using piracy charges undermines the law of piracy across the rest of the world. That is why those charges are like using a sledgehammer to crack a nut.

David Lidington Portrait Mr Lidington
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The hon. Gentleman makes his point with the courtesy with which he has addressed the subject throughout the debate. We have been in touch with the Governments whose citizens are being detained, and we have taken a lead at local level in Russia on co-ordinating the efforts of other nations with detained nationals.

I will look further into the question that the right hon. Member for Exeter (Mr Bradshaw) raised about his letter, because I am concerned to hear him say that he has been waiting for more than a month. We will get back to him as quickly as possible.

We have not forgotten the families here in the United Kingdom and what they are obviously going through. On 10 October, I met parliamentarians representing the detained nationals and representatives from the constituency offices of MPs. My officials met the families themselves on 16 October, and I hope to agree a date next month when I can meet the families and hon. Members representing them, so that I can hear directly from the families any concerns that they have, and so that I can talk to them about the work being done on the case by the FCO and the British Government generally. One issue raised by the families is the chance to talk to their relatives by telephone.

I am conscious that time is running out, so I propose to address the issues that I have been unable to address today in writing to the hon. Member for Rhondda, and I will place a copy of that letter in the Library of the House so that it may be circulated to the families concerned.