Syria: Russian Redeployment and the Peace Process

Lord Hammond of Runnymede Excerpts

Tuesday 15th March 2016 Commons Chamber

[Hilary Benn (Leeds Central) (Lab)]

(Urgent Question): To ask the Secretary of State for Foreign and Commonwealth Affairs if he will make a statement on the announcement by Russia that it is redeploying the main part of its force from Syria, and on the implications of this for the peace process.

[The Secretary of State for Foreign and Commonwealth Affairs (Mr Philip Hammond)]

We have, of course, seen the media reports of a Russian withdrawal of forces, including a report this morning that the first group of Russian planes has left the Hmeimim air base to return to Russia. However, I should tell the House that, as far as I have been able to determine, none of the members of the International Syria Support Group had any advance notice of this Russian announcement, and we have yet to see any detailed plans behind Russia’s announcement yesterday.

We do not yet have any independent evidence to verify Russia’s claims that military withdrawals have already begun. We are monitoring developments closely, and it will be important to judge Russia by its actions. It is worth remembering that Russia announced a withdrawal of forces in Ukraine which later turned out merely to be a routine rotation of forces. If this announcement represents a genuine decision by Russia to continue to de-escalate the military conflict, to ensure compliance with the cessation of hostilities and to encourage the Syrian regime to participate in peace negotiations in good faith, it will be welcome.

Now is the time for all parties to focus on the political negotiations, which resumed in Geneva yesterday. Only a political transition away from Assad’s rule to a Government representative of all Syrians will deliver the peace Syrians so desperately need and so ardently desire and give us a Government in Damascus able to focus on defeating terrorism and rebuilding Syria. There can be no peace in Syria while Assad remains in power. Russia has unique influence to help to make the negotiations succeed, and we sincerely hope that it will use it.

Since it came into force on 27 February, the cessation of hostilities has resulted in a significant reduction in violence in Syria. However, there have been a significant number of reports of violations, including the continued use of barrel bombs, which we have been discussing with our partners in the ISSG ceasefire taskforce in Geneva. We have serious concerns that the Assad regime has been using the cessation of hostilities to pursue its military objectives and that it is not serious about political negotiations. Swift action to address these violations is therefore vital to reduce the violence and show the Syrian people, including the Syrian opposition, that both Russia and the Assad regime are abiding by the terms of the cessation of hostilities. Failure to do so threatens the prospects for continued political negotiations.

We look to Russia, as guarantor for the regime and its backers, to use its unique influence to ensure compliance and to make clear to the Assad regime its expectation that it must negotiate in good faith. After investing so much in Assad, Mr Putin must show the world that he can exercise control over his protégé. At the same time, we call for complete and unfettered humanitarian access across Syria and an end to all violations of international humanitarian law, in accordance with UN Security Council resolution 2254.

We are relieved that desperately needed aid convoys are now arriving in some besieged areas of Syria, including some of those named in the International Syria Support Group agreement of 11 February in Munich. It is imperative that that continues and, in particular, that access is provided to Darayya, which has not yet seen any deliveries. The Assad regime must lift all sieges and grant full and sustained humanitarian access across Syria.

No one will be more delighted than I if, after five months of relentless bombing, Russia is genuinely winding down its military support to the brutal Assad regime, but, as in all matters relating to Russia, it is the actions, rather than the words, that count. We shall be watching carefully over coming days to see whether the announcement’s potential promise turns into reality.

[Hilary Benn]

I am grateful to the Foreign Secretary for that reply. The conflict in Syria has now raged for five years. Half the population have fled their homes. Neighbouring countries have borne the brunt of the refugee crisis. According to the Syrian Observatory for Human Rights, over 360,000 people have lost their lives, mostly at the hands of President Assad, and Russian airstrikes have killed 1,700 civilians in the past six months alone.

Yesterday’s announcement of the withdrawal of Russian forces will be cautiously welcomed by all of us, but I agree with the Foreign Secretary that it needs to be carried through, in particular if it is going to support the ceasefire and de-escalate tensions. The Foreign Secretary has told the House that he has received no direct information about the likely timescale and extent of the withdrawal, but will he comment on the statement attributed to a Russian Defence Minister, who said that Russian forces will continue to attack so-called terrorists, a term which Russia has used in the past to cover airstrikes on the Syrian opposition? Will the Foreign Secretary tell us what discussions, if any, he has had with Foreign Minister Lavrov about this?

How might the withdrawal of Russian aircraft change the type of missions that the RAF and others in the anti-Daesh coalition are undertaking in Syria? Given the Foreign Secretary’s latest assessment of the ceasefire, the extent to which it is holding and the violations to which he referred, what action are the British Government and other Governments proposing to take? Does he agree that a full withdrawal would improve opposition forces’ confidence in the ceasefire and help to ensure their full participation in the peace process?

Given the continuing concerns expressed by the International Committee of the Red Cross and others, what will be the impact of both the ceasefire and any withdrawal on the international community’s ability safely to provide the humanitarian aid to which the Foreign Secretary referred, in particular to the towns and areas that have been besieged? With the UN commission of inquiry on Syria due to report this week to the United Nations Human Rights Council on potential war crimes committed by all sides, what prospect does he see for any suspected war crimes being referred to the International Criminal Court by the UN Security Council, given that Syria is not a signatory to the Rome statute?

Finally, what recent discussions has the Foreign Secretary had with other members of the ISSG and Staffan de Mistura about the prospects for the latest round of peace talks taking place in Geneva? Does he agree that both Russia and Syria need to ensure that all the issues are on the table if the Syrian people are to see peace and stability finally return to their war-torn country?

[Mr Hammond]

I am grateful to the right hon. Gentleman. As he rightly says, it is now five years since this terrible civil war began, and he correctly set out the scale of attrition that the Syrian people have faced over that time. He referred to the remarks attributed to Defence Minister Shoygu that Russia would continue to attack terrorists. As the right hon. Gentleman said, that is exactly the formula used by the Russians in the past when attacking the moderate opposition. They have always asserted that they conduct airstrikes against terrorists only, so it is not terribly reassuring that, a few hours after the announcement of the withdrawal of their military forces, their Defence Minister is saying that they will continue to attack terrorists.

The right hon. Gentleman asked about discussions with Foreign Minister Lavrov. I have had no such discussions since the announcement was made, although I have spoken to American colleagues to assess what information they have. The UK mission in Syria will not change as a result of withdrawal of Russian forces; UK airstrikes are exclusively targeted against Daesh, primarily in the east of the country, and will continue to be so targeted.

The right hon. Gentleman asked about the latest assessment of the ceasefire. We held a meeting in Paris on Sunday, in which we reviewed the situation on the ground. The reality is that, after a lull in the level of airstrikes immediately after the beginning of the cessation of hostilities, they have grown steadily. On 10 March, we assessed that Russian airstrikes were at the same level as they were before the cessation of hostilities, but there is evidence that the Russians had redirected the focus of their airstrikes so that they were more convincingly targeted against Daesh and al-Nusra targets than had previously been the case. If Russia carries out a full withdrawal of its forces—and I do not think even the Russian announcement is suggesting that would take place—that will certainly change the balance of power and military advantage on the ground in a very significant way.

It is not the Russians who have been impeding access for humanitarian aid, but the Syrian regime, and so the question is about how much leverage the Russians have over the regime and how much of that leverage they are prepared to exercise. One could speculate about whether this announcement is, in fact, an exercise by Russia in reminding the regime of its position as a client, operating at Russia’s will.

On the ICC, there are two major impediments. The first, as the right hon. Gentleman rightly says, is that Syria is not a signatory to the ICC convention. The second is that Russia holds a veto in the Security Council. Therefore, although we all seek to bring those responsible for the terrible crimes that have been committed in Syria to justice, I would advise him not to hold his breath just for the moment.

Finally, on ISSG discussions, the ISSG has not met in ISSG format recently, but we have had opportunities to talk to Staffan de Mistura about the agenda for the peace talks in Geneva. We are very satisfied with the sensible approach he is taking, which recognises that, to put it bluntly, as soon as we get to the difficult subjects, the talks may run into extreme difficulty, and which therefore seeks to begin by discussing some less controversial subjects to try at least to generate some momentum before we come to the more difficult issues. I have to say again that the sticking point is transition. We are clear, and resolutions of the ISSG are clear, that the way forward has to be through a transitional regime, which moves us from the current position with Assad in power to a new position with Assad out of power. The Russians, the Syrian regime and the Iranians still do not accept that principle, and unless and until it is accepted, the talks going on in Geneva may linger for a while but they will not ultimately be able to make significant progress.

[Crispin Blunt (Reigate) (Con)]

The Foreign Secretary refers to Russia sending a message to Assad. Does he agree that this is potentially helpful as far as the peace process is concerned by ensuring that Assad does not overplay his hand in the peace talks? Does the Foreign Secretary also agree that the actual threat to the peace process comes from across the border in Turkey, which is no longer led by a constructive and rational partner in the process? The actions of President Erdogan should be giving all of us the gravest concern as he presides over a disintegrating democracy and a war on part of his own people.

[Mr Hammond]

It is possible that the Russian announcement is intended as a message to the Assad regime to say, “Don’t overplay your hand. Get to the negotiating table and engage.” It is also possible that it is intended as a message to the moderate opposition to do what is expected of them, because it has not been that easy to persuade them to attend the Geneva talks when Russian bombs have still been raining down on their positions. That is all positive, but unfortunately none of us knows what the intent of Mr Putin is when he carries out any action, which is why he is a very difficult partner in any situation such as this.

On the question of Turkey, I will just say this to my hon. Friend: Turkey remains an important NATO ally and a vital security partner for the UK. When we look at events in Turkey, we can refer, as he did, to recent legislative changes and actions of the Administration, but we should also acknowledge the terrible challenge that the Turkish people are facing from terrorism, with multiple deaths from the attack in Ankara on Sunday, hundreds of security force members killed over the past nine months, and many civilians—more than 100—also killed. We must understand the challenge that Turkey faces, and I assert, as we do in relation to every country, the right of the Turkish people and the Turkish Government to defend themselves when they face that kind of terrorist attack.

[Alex Salmond (Gordon) (SNP)]

It is almost five years to the day since the uprising against Assad. Hundreds of thousands of people have been killed, 11 million people displaced, and 80% of Syria’s children damaged by the civil conflict. When the House debated these issues two weeks ago, there was a huge amount of scepticism across the Chamber about the ceasefire. There have been significant breaches, but it has resulted in a huge diminution of violence. It is the only ceasefire we have. Following on from the question from the Chairman of the Select Committee, the hon. Member for Reigate (Crispin Blunt), is not the most credible explanation for the Russian announcement that it will pressurise the Assad regime into taking a more flexible attitude in the peace talks? If that is the case, instead of having the caveats first and then the welcome, would it not be better if the Foreign Secretary had the welcome and then the caveats—since it is not only the only ceasefire we have; it is the only peace process we have?

[Mr Hammond]

I think that we all start out with hope and we end up with experience. In dealing with Russia, putting the caveat first is probably always sensible. That is a credible interpretation of what Mr Putin has done, but, unfortunately, unlike with almost every other party with which we work in these situations, we have no insight at all into Russia’s strategy, Russia’s thinking and Russia’s tactics, so we are left guessing. Here we are, 24 hours later, none of us, including the Americans, with whom Russia apparently craves a bilateral partnership over Syria, has any real insight into what the purpose of this move is.

[Sir Alan Duncan (Rutland and Melton) (Con)]

May I invite my right hon. Friend to admit that we have probably been unwise to have become hooked on the rather simplistic notion that the removal of Bashar al-Assad is a prerequisite for any solution at all in Syria? Is it not the case that, even with this change in Russian tactics, any progress towards peace is bound to retain many messy elements within it? Where does the Foreign Secretary think that his supposed Government for all the Syrian people—be it transitional or long-term—will come from?

[Mr Hammond]

I cannot agree with my right hon. Friend. We assess that the removal of Bashar al-Assad is an absolutely essential prerequisite for peace. That is not just a moral judgment that someone who has presided over the displacement of 12 million of their own people, barrel-bombed them, poison-gassed them, and killed 360,000 of them should be removed from any power; it is also a pragmatic judgment that we want a reconciliation between the different factions within Syria. The truth is that those fighting against the regime are not going to lay down their arms unless and until they are given an assurance that Bashar al-Assad will not be part of the future in Syria. Of course, my right hon. Friend is right that it will be messy, and that there will be many stumbling blocks along the way, but it is possible to envisage a transition that will see the infrastructure of the state remain in place, but with Bashar al-Assad replaced with another figure, possibly from within the Alawite minority community, as head of a transitional Administration.

[Mr Ben Bradshaw (Exeter) (Lab)]

The Foreign Secretary is quite right to treat this Russian announcement, along with all Russian announcements, with extreme caution. However, if this move does turn out to be positive, will that not vindicate both the robust approach that Britain and the European Union have taken towards President Putin, and the decision taken by this House to extend the highly successful RAF mission in Iraq to Syria?

[Mr Hammond]

Yes, I am quite convinced that President Putin recognises only strength; he does not do shades of grey. Everything is black and white. You are either standing up to him or you have caved in in front of him. The action that the European Union took in imposing sanctions against Russia over Ukraine surprised the Russians; they did not expect that the European Union would be able to establish unanimity to do that. It surprised them even more that we have managed to renew those sanctions twice, and we are coming up to the point where we will renew them again. It has also surprised the Russians that the coalition has held together in respect of the battle against Daesh. Therefore, doing what we know is right, sticking to our guns, working with the Russians where they are prepared to align with our objectives and being clear about our requirement of the Russians to comply with their obligations under international law is the right way in which to proceed. I do not think that seeking concessions to or favours from Mr Putin is a way forward; it simply does not work like that with him.

[Wendy Morton (Aldridge-Brownhills) (Con)]

In these very early days of the ceasefire and the talks in Geneva, does my right hon. Friend agree that, in cautiously welcoming this reported withdrawal of Russian troops, we should not lose sight of the need for the ongoing humanitarian aid to be delivered to those who need it in Syria and the region, and for securing a peaceful long-term political solution to the problem?

[Mr Hammond]

My hon. Friend is absolutely right. There are two reasons why the humanitarian aid must go on being delivered and getting into parts that it has not yet reached. The first and obvious reason is that people on the ground desperately need it, but, secondly, it is to enable the opposition who are at Geneva to stay there and carry on talking. They find it very difficult to maintain their legitimacy and credibility with their supporters on the ground if no humanitarian aid is getting through and regime bombs and Russian bombs are still falling on them.

[Ms Gisela Stuart (Birmingham, Edgbaston) (Lab)]

The Foreign Secretary said that he has not talked to Mr Lavrov. Is that because Mr Lavrov is refusing to take his call, or that he has not yet tried? If it is the latter, why not?

[Mr Hammond]

Again, experience is the answer. I have not tried to make the call, and I am in no doubt that I could predict quite confidently the outcome of such a call to Foreign Minister Lavrov. I have had many conversations with him over the course of our regular meetings at Syria-related events, none of which has been fruitful.

[Richard Benyon (Newbury) (Con)]

It is depressing to calculate the sum total of human misery that has resulted from Russia’s intervention in this bloody civil war, which has gone from vetoing attempts by countries to get an early resolution to Assad and a transition Government in place through to, as one non-governmental organisation put it to me, the bombing of a hospital four times by Russian planes. May I re-emphasise what my right hon. Friend says by asking him to treat with huge caution this move and to hold Russia responsible for any war crimes that it commits in the future?

[Mr Hammond]

My hon. Friend reminds us of an important fact. If somebody who has gone into another country, bombed civilian populations and destroyed hospitals and schools then decides, five months later, that they have done enough, let us not give them too much praise. It is a bit like that question, “Did he stop beating his wife?” The fact that the Russians are there in the first place is something that we must continually protest about, and we certainly should not give them any credit for simply withdrawing from those illegal activities.

[Ms Tasmina Ahmed-Sheikh (Ochil and South Perthshire) (SNP)]

Despite Russia’s announcement, many countries remain committed to military action in Syria. In the past five years, we have seen an escalation in the humanitarian crisis in Syria and the wider region, and the refugee crisis across Europe. Will the Secretary of State therefore tell the House what proportion of Government spending relating to the crisis has been spent on military action as compared with the provision of humanitarian aid and the building of a long-term peace solution for the people of Syria?

[Mr Hammond]

I cannot give the hon. Lady the precise figures, but we have contributed over £1.1 billion of humanitarian aid to Syria and the neighbouring countries to support displaced persons and refugees. Our military operation, which has been running in Syria since the vote in this House a mere three months ago, has so far cost a tiny fraction of that. I do not want to mislead the House by giving a figure, but I am certain it will only be in double figures of millions.

[Tom Tugendhat (Tonbridge and Malling) (Con)]

Given Russia’s history over the past 30 years of changing horses at the last moment in order to seek a different outcome, would my right hon. Friend now be advising President Assad to double his bodyguard?

[Mr Hammond]

The relationship between President Assad and President Putin is a subject of great speculation among colleagues on the International Syria Support Group circuit, but I am clear that the situation is the same as it has always been. I have said this in the House before. President Putin could have ended all this years ago by a single phone call to President Assad, offering him some fraternal advice about his future health and wellbeing.

[Derek Twigg (Halton) (Lab)]

I agree with the Foreign Secretary that we should be cautious about these latest developments, but does he believe that Assad is now in a stronger position than he was six months ago?

[Mr Hammond]

In military terms, certainly. The Russian intervention has prevented the collapse of regime forces, has restored morale among regime forces, has allowed the regime to take ground, consolidate positions, move forces around in a strategically significant way, and has damaged and demoralised opposition groups. There is no doubt at all about that. If there is a genuine withdrawal of Russian air cover, the question is how long that improvement can be sustained, because we know that the Syrian regime forces are fundamentally hollowed out after five years of civil war, and without the Russians there to stiffen their spine it is not clear how long they will be able to maintain the initiative.

[Mr Jonathan Djanogly (Huntingdon) (Con)]

Assuming that the Russian withdrawal does take place—I understand there is no certainty in that—will UK and US air forces take over Russian targets against Daesh with the intention of ensuring that there is no reduction in the intensity of action against Daesh as a result of Russian withdrawal?

[Mr Hammond]

I do not think I can comment at the Dispatch Box on what will drive US and UK targeting decisions, but I can say this. The Russian air force operates largely within a part of Syria that is heavily protected by the Syrian integrated air defence system. The Russians can fly there because they are operating in what is for them a permissive environment, not least because Russian technicians control the Syrian air defence system. It would not be the same for US, UK and other coalition partners. I do not think there can be an assumption that western members of the coalition will be able to take over all the targeting activity against Daesh that is currently being carried out by the Russians.

[Tom Brake (Carshalton and Wallington) (LD)]

While I acknowledge that Assad is principally to blame for the starvation of his own citizens, and therefore the departure of the Russians is unlikely to have much effect on humanitarian aid, does the Foreign Secretary envisage there being any new humanitarian aid initiatives to ensure that aid reaches the parts of Syria that are currently being starved?

[Mr Hammond]

The humanitarian aid is there. It is ready to move; it is in trucks. The World Food Programme has the resource it needs. The food, the medical supplies and so on are ready to go in. The issue is simply access. Principally, that is to do with regime obstruction. In some places it has been overcome; in others it is still a problem. UN people are working day and night on the ground to try to resolve it, but it is a case of literally progressing through one checkpoint and then trying to negotiate the next.

[Mark Pritchard (The Wrekin) (Con)]

Following on from the question by my hon. Friend the Member for Huntingdon (Mr Djanogly), the Kremlin says that the Russian presence in Syria is to counter terrorism, although there are no terrorist groups with fighter jets. Is it not the case that if Russia is serious about de-escalating the situation in Syria and moving towards a peaceful and political solution, it will also withdraw its surface-to-air missiles—the S-400 system?

[Mr Hammond]

Our understanding is that the S-400 system was probably deployed to protect Russian installations and was part of the protective bubble that the Russians put around their installations in Syria—their air bases and naval port. We will obviously have to wait to see the extent, if any, of the withdrawal that has been announced and whether it includes those weapons.

[Jo Cox (Batley and Spen) (Lab)]

In seeking further clarity on this deeply cynical announcement, can the Secretary of State or his US allies clarify whether the Russian Government have set out any conditions linked to their withdrawal that would negatively impact on the political negotiations? Given the tens of thousands of incredibly vulnerable Syrians who exist up and down the country, is it not time to think again about a NATO-backed no-bombing zone, particularly along the border with Turkey, to protect civilians?

[Mr Hammond]

As far as we are aware from the Russian statement, there is no conditionality attached to it. Just as the Russian intervention was a unilateral action, announced by Russia, so the withdrawal is a unilateral action—no negotiations or conditionality.

The hon. Lady asks me about no-bombing zones. The problem with a no-bombing zone is the same, essentially, as the one I identified for my hon. Friend the Member for Huntingdon (Mr Djanogly). Syria has a very capable ground-to-air integrated defence system, which makes it difficult for anybody’s air force, in a non-permissive environment, to enforce a no-bombing zone. It is not impossible that, with the use of stand-off weapons, some kind of no-bombing zone around the borders of Syria would be enforceable, but it would involve complex issues. It has been raised; it has been discussed; but so far volunteers to police a no-bombing zone have not been rushing forward.

[Daniel Kawczynski (Shrewsbury and Atcham) (Con)]

The Foreign Secretary mentioned Iran. He knows that the two regional powers, Iran and Saudi Arabia, have vastly contradictory views of Syria, especially on the future of President Assad. Will he use his good offices to ensure that those two countries get around the table to negotiate, as we saw in Vienna, because until there is greater dialogue between those two regional powers, the tensions that we have witnessed over the past five years will continue?

[Mr Hammond]

My hon. Friend is right that Iran and Saudi Arabia have fundamentally different views about the future trajectory of Syria, but they are both part of the ISSG. They did both come to the table in Vienna and sit there for two days, or whatever it was, and talk to each other, and they are both still showing up to regular ISSG meetings. It does not mean they agree with each other once they get there, but it is progress that they are at least sitting around the same table.

[Nick Thomas-Symonds (Torfaen) (Lab)]

The Foreign Secretary mentioned the humanitarian convoys on the ground in Syria. More of them are getting through, but it is nowhere near the continuous and unimpeded access that both international law and the United Nations need. What is his assessment of how this latest Russian announcement will provide further opportunities to put pressure on the Syrian regime to allow more humanitarian aid through?

[Mr Hammond]

As I said, even if the Russians do withdraw forces, I do not think that will have a direct impact on the ability to get humanitarian supplies into the country. Obviously, the thing that will most assist in that is a continuation of cessation of hostilities. What happens on the ground next depends on how any Russian withdrawal takes place, over what time period, and how the regime responds to that. The cynic may suggest that the Syrian regime has used the last two weeks to prepare for this moment; although we did not know it was coming, perhaps the Syrian regime did and perhaps it is prepared for it.

[Helen Whately (Faversham and Mid Kent) (Con)]

The intervention by Russia in Syria was a surprise to the west, and this withdrawal, if it is genuine, is also a surprise. Russia’s interventions have been unhelpful but influential. Can my right hon. Friend advise me what steps we can take and are taking with our allies to stop Russia setting the agenda in Syria?

[Mr Hammond]

That is a good question and a very difficult one to answer. All the western partners in this enterprise play by the rules of the international system and are transparent about their intentions. We had a debate in this Parliament—a discussion that went on for a couple of years before we got to the point of deciding to engage in airstrikes in Syria. The entire world knew about the debate in the UK and where the fault lines were in that debate. Unfortunately, Russia is a state in which all power is concentrated in the hands of one man. There is not even a politburo any more, just a single man. Decisions are made apparently arbitrarily, without any advance signalling and, as we are now seeing, can be unmade just as quickly. That is not a recipe for enhancing stability and predictability on the international scene. It makes the world a more dangerous place, not a less dangerous place.

[Mark Durkan (Foyle) (SDLP)]

The Foreign Secretary is right not to seek to spin Putin’s announcement, but to wait for sound evidence. If, however, it does serve to recondition some of Assad’s assumptions about the negotiations, and if it also means that elements in the opposition feel a bit more encouraged about the worth of their purpose in the negotiations, should we not take the opportunity to make the dialogue more inclusive, not least in respect of women? I note that the UN special envoy met the women’s advisory group at the weekend.

[Mr Hammond]

Yes, our intention is that the dialogue should be inclusive, representative of all faith groups and all ethnicities within Syria, and also representative of civil society including, of course, women. We should not forget that before this horror started, Syria was, bizarrely, one of the most “liberal” countries in the middle east in terms of tolerance of religious minorities, tolerance of secular behaviour, and the role of women and their participation in society, the professions and employment. We would certainly need to get back to that as Syria re-normalises in the future.

[Alec Shelbrooke (Elmet and Rothwell) (Con)]

Does my right hon. Friend agree that one of the greatest problems we face is that we have no idea of the military resource that Russia put into Syria, and therefore have no way of understanding whether it has withdrawn or not? Does my right hon. Friend agree that the western allies must take this into consideration when moving forward in the next weeks and months?

--- Later in debate ---

[Mr Hammond]

I am not sure that I entirely agree with my hon. Friend. I think we have quite a reasonable assessment of the military resource that Russia has in Syria and we will be able to now monitor whether that resource is being genuinely withdrawn or simply rotated.

[Mr Philip Hollobone (Kettering) (Con)]

Given that Daesh has not been the main focus of Russian airstrikes, to what extent does my right hon. Friend think the Russians would advocate a partition of Syria?

[Mr Hammond]

It is a subject of speculation whether the immediate objective of the Assad regime and of the Russians is to carve out some kind of Alawite mini-state in the north-west of Syria, but as I have said several times, because we have no dialogue on these things, and because Russia is completely untransparent about its motives and its plans, we can only speculate.

[Rehman Chishti (Gillingham and Rainham) (Con)]

For any peaceful transition in Syria, along with the Russian withdrawal, Iran would need to withdraw its militias, military personnel and military advisers who have been supporting the brutal Assad regime. Do we have any news on that? I declare my interest, as recorded in the register.

[Mr Hammond]

Our views are that my hon. Friend is right. Clearly, for a sustainable peace in Syria, the Shi’a militias and their Iranian sponsors and advisers will have to be stood down, just as the Russians will have to withdraw their forces. But we have no indication yet that we are going to see a matching announcement from Tehran, announcing the withdrawal of Iranian-backed forces from Syria.

[Kevin Foster (Torbay) (Con)]

Given the experience in Crimea and the eastern Ukraine when forces that looked like Russian forces, were armed like Russian forces and behaved like Russian forces arrived but were disavowed, what confidence do we have that this will be a genuine withdrawal and that we will not see forces carrying a Russian flag disappear, only to be replaced on the ground by forces that look suspiciously like them?

[Mr Hammond]

I cannot rule that out, but what we are primarily talking about here is air forces, and that trick is a little more difficult to perform in the case of advanced strike aircraft. We cannot rule out the possibility of Russian-sponsored irregular forces playing some future role in the conflict.

European Union

Lord Hammond of Runnymede Excerpts

Wednesday 2nd March 2016 Written Statements

[The Secretary of State for Foreign and Commonwealth Affairs (Mr Philip Hammond)]

I have today laid before both Houses a paper, “Alternatives to membership: possible models for the United Kingdom outside the European Union”. This paper is the first part of the report that the Government will publish to meet the requirement of section 7(1) of the European Union Referendum Act 2015. The second part of this report, which will provide information about the rights and obligations that arise as a result of the UK’s membership of the EU, will be laid at a later date. Both parts of the report will be available to read together on the gov.uk website.

[HCWS570]

European Affairs

Lord Hammond of Runnymede Excerpts

Thursday 25th February 2016 Commons Chamber

[The Secretary of State for Foreign and Commonwealth Affairs (Mr Philip Hammond)]

I beg to move,

That this House has considered European affairs.

In just under four months’ time, the British people will face a choice—one that has been denied to them for many years—that we pledged to give them in our election manifesto and that we are now delivering; a choice that will have profound consequences for this country for a generation or more—whether to remain in the European Union on the basis of the deal negotiated by the Prime Minister or to leave.

The last time the British people were consulted on this question, 40 years ago, the answer was a clear yes, but much has changed in that 40 years, and the fact that we are holding this referendum now is recognition of a growing unease at the direction in which the EU has evolved—a growing sense that Europe was pursuing a goal that Britain did not share, and that we risked being dragged into a level of political integration for which few in Britain have any appetite.

For 25 years, I have shared that sense of unease. I have always considered myself a sceptic, and I consider myself a sceptic today. Like most people in Britain, I do not feel any warmth or affection for the EU or its institutions. I am irritated by the tone of much of what I hear coming from Brussels and instinctively suspicious of anything that sounds like a “grand projet”. But we do not live in some ideal world; we live in the real world, and the EU is part of that real world. The question that we have to answer is not: do we like it? The question we have to answer is whether we are stronger, safer and better off in the EU rather than out of it. Stronger, because our global influence is enhanced by being a leading member of the world’s largest trading bloc. Safer, because working together with EU partners strengthens our defences against organised crime and terrorism. Better off, because Britain benefits from having a domestic market of 500 million consumers and the clout that a quarter of the world’s GDP gives the EU in negotiating trade deals.

[Mr Pat McFadden (Wolverhampton South East) (Lab)]

The Prime Minister has said in recent days that his view of the European Union’s impact on our collective security had changed over the years because of his experience as Prime Minister. The Foreign Secretary would probably be thought of by many people as having a Eurosceptic background. Has his experience as Foreign Secretary also changed the balance of his view on the European Union’s impact on our collective security?

[Mr Hammond]

Yes, it has. First as Defence Secretary, and now as Foreign Secretary, I have seen how, in practice, working with EU partners is an important tool in our armoury. Of course, the EU will never, in any way, replace the security benefit that we get from NATO; it does a different thing. However, we have seen in the conflict over Ukraine that economic sanctions—which, in reality, are the only practical weapon available to us in responding to the challenge of Russia—when properly honed and consistently used by the European Union, will prove to be a very important weapon in our armoury against Russian aggression.

[Sir Edward Leigh (Gainsborough) (Con)]

This Government have rightly been critical of previous Governments for not having an independent audit of our national finances, and they have set up the Office for Budget Responsibility. [Interruption.]

[Sir Edward Leigh]

Well, back to my theme. We have set up the Office for Budget Responsibility. The Foreign Secretary is rightly doing a sort of cost-benefit analysis of this issue. Why do the Government not institute an independent study, by a genuinely independent body, to go in some detail into the effects of a Brexit, plus or minus, on, say, GNP? That would surely be very useful.

[Mr Hammond]

The problem with the challenge my hon. Friend presents—it is going to be a recurrent theme in this debate, I suspect—is that we simply do not know what the counterfactual is. We do not know what Britain’s situation outside the European Union would be. We do not know whether a deal could be negotiated with the remaining 27. We do not know what free trade agreements could be negotiated with other parties, and we do not know on what timescale those could be achieved. We do not know what damage would be done to our economy in the meantime. I fear that the objective analysis my hon. Friend is seeking might be very difficult to achieve.

[Damian Green (Ashford) (Con)]

The Foreign Secretary is advancing the case of the economic benefit of Britain’s membership of the European Union, and he may like to hear the verdict from Britain’s manufacturing industry. Yesterday, at the Engineering Employers Federation, I took part in a debate with a senior member of the Vote Leave campaign, at the end of which 800 of Britain’s manufacturing companies voted by 83% that they would prefer Britain to stay in the European Union. That is what is happening in the real world among real people who make real things for Britain’s benefit.

[Mr Hammond]

I am unsurprised by the figure that my right hon. Friend quotes, because in the world of manufacturing, where supply chains are increasingly complex and internationalised, the operation of the single market, and particularly the operation of the customs union, will be increasingly important to the competitiveness of British businesses. There are substantive reasons that business can see for remaining in the European Union, but there is another reason over and above that: business hates uncertainty, and the one thing that is becoming crystal clear is that whatever the end state might be if there were a British exit, for a period of years—perhaps many years—there would be very significant uncertainty, and that would act as a chilling effect on investment, job creation and business confidence in the United Kingdom.

[Several hon. Members rose—]

--- Later in debate ---

[Mr Hammond]

I will take one more intervention and then I must move on.

[Ms Tasmina Ahmed-Sheikh (Ochil and South Perthshire) (SNP)]

I appreciate that the Foreign Secretary is just a couple of minutes into his speech, but in the opening minute we heard a series of negative words used to describe our relationship with the European Union. I think I might have heard the words “suspicious” and “sceptical”. I wonder what our friends in France and Germany might be thinking as they watch this debate when somebody who is apparently in favour of our being members of the European Union is using such language. Coming from the in campaign, is this the type of debate that we can expect in relation to our relationship with Europe?

[Mr Hammond]

I think it is important that our friends and partners in Europe understand—I say this to my colleagues very regularly—that for the great majority of people in this country there is no passion about a European vision. We find in some European countries genuine passion for the idea of Europe, but that is not the British way. Lots of people in this country believe that we should remain in the European Union because it is good for Britain and good for our economy—because we are stronger, safer, and better off. That is not the same as being passionately attached to some idea of a European vision.

[Several hon. Members rose—]

[Mr Hammond]

I am going to make a little progress, if my right hon. and hon. Friends will allow me.

The PM’s pledge was to engage with our partners in Europe to agree a series of reforms to get the EU back on track and to change the terms of our membership to protect our interests, and then to put the question to the British people. He has delivered on that pledge.

[Sir Gerald Howarth (Aldershot) (Con)]

Will my right hon. Friend give way?

[Mr Hammond]

I will in just a moment.

So the question is this: should we stick with what we know, bank the gains that the Prime Minister has brought back from Brussels, and continue to fight from the inside for reform, or should we take a leap into the dark? For me, the answer is clear: I am a sceptic who will vote with my head to remain because I know in my heart that that is what is right—what is best—for Britain.

[Wes Streeting (Ilford North) (Lab)]

I share the Foreign Secretary’s view that what the Prime Minister has returned with is better than what we had before, but will he say something about the legal of status of the agreement, particularly the assertion by the Lord Chancellor, no less, that it is not legally binding? I respect the fact that the Lord Chancellor takes a different view from the Prime Minister, but how can his position as a senior legal Minister for the Government possibly be tenable when he is arguing that the deal is not legally binding and the Downing Street position is the precise opposite? Surely his position is untenable and Cabinet collective responsibility has been stretched too far.

--- Later in debate ---

[Mr Hammond]

As the hon. Gentleman will know, the principle of collective responsibility has been suspended in respect of this debate to allow Ministers to express a different opinion from that of the Government. Our position is clear: this is a legally binding agreement. It was registered yesterday at the United Nations as a treaty. The overwhelming majority of qualified legal opinion recognises that it is a legally binding international law decision.

[Several hon. Members rose—]

[Mr Hammond]

I will give way to my hon. Friend the Member for Wycombe (Mr Baker) and then I must make a little progress.

[Mr Steve Baker (Wycombe) (Con)]

Will my right hon. Friend explain what effect registering the document at the UN has, and on what basis he says that any of this is legally binding?

[Mr Hammond]

I am not a lawyer, so it is not a question of the basis on which I say it is legally binding, but there has been a plethora of qualified legal opinion supporting the view that it is a legally binding decision. Registering it at the United Nations records it as a treaty-status international law obligation. The document will be taken into account by the European Court of Justice, whose own decisions in the Rottmann case have established that it must have regard to interpretative decisions by Heads of State and Governments. The document itself makes it clear that it is legally binding.

[Sir William Cash (Stone) (Con)]

Will my right hon. Friend give way?

[Mr Hammond]

I am going to make a little progress.

Let me recall what we set out to achieve and what has been delivered. First, we set out to protect British jobs and ensure a level playing field in Europe for British business, because the creation of the eurozone and the greater level of co-ordination needed between eurozone countries created a very real risk either that non-Eurozone countries such as Britain would be dragged into integration that we do not need and do not want, or that our businesses would suffer discrimination because of our decision to retain our own currency. So alongside the crucial exemption from steps of further integration, we needed to negotiate clear safeguards for the pound, the exemption of British taxpayers from eurozone bailouts, protection against discrimination for Britain’s world-leading financial services industry, a clear role for the Bank of England, and a clear commitment that we will have a full say in the functioning of the single market while not being part of the single currency. This deal delivers all those demands in a legally binding agreement, underpinned by the commitment by all EU member states to enshrine those UK safeguards in treaty change.

[Sir William Cash]

rose—

[Mr Hammond]

I thought my hon. Friend might take his cue from my using the words “legally binding” again.

[Sir William Cash]

But what the Foreign Secretary is not doing is using other words that are part of this package—not only “legally binding” but “irreversible”. As he knows, the question of whether this is irreversible is highly contentious. It is clear from the evidence that has been received, and indeed from the European Scrutiny Committee’s report, that it is not irreversible.

[Mr Hammond]

I have to disagree with my hon. Friend. The decision is irreversible unless Britain chooses to allow it to be reversed, because it could be reversed only by all 28 member states agreeing. I can assure him that, certainly for as long as this Government are in office, Britain will never agree to that happening.

[Emma Reynolds (Wolverhampton North East) (Lab)]

Does the Foreign Secretary agree that this morning’s BBC interview with the former Danish Prime Minister Anders Fogh Rasmussen was very useful? He explained that Denmark’s opt-outs with the European Union are based on exactly the same type of legal basis and have not been reversed in the years that they have been in place.

[Mr Hammond]

The hon. Lady is exactly right. The Danish agreement has been in place for 23 years and continues to serve Denmark extremely well.

[Mr Jacob Rees-Mogg (North East Somerset) (Con)]

Will my right hon. Friend give way?

[Mr Hammond]

I am going to make a little progress now.

The second area we set out to address was Europe’s impact on competitiveness. We have achieved a commitment to completing the European single markets in services—a key area for Britain given the importance and competitiveness of our services sector—in digital; in energy, to ensure greater competition and lower energy bills for British households; and in capital, ensuring greater access to sources of finance for our entrepreneurs. We have also delivered a clear commitment to prioritising international trade agreements with the largest and fastest-growing economies across the globe, with the potential to boost our economy by billions of pounds a year; and agreement to cut the burden of EU regulation on business, with specific targets to be set for key sectors. That builds on a programme of work that the Commission is already undertaking, which has already slashed by 80% the pipeline of regulatory proposals, and bakes the deregulatory approach into the DNA of the European Union.

The third area in which this deal delivers is in ending the abuse of the principle of free movement to work in order to access the benefits of our welfare system, which are paid for by hard-working British taxpayers. We have already ended access to unemployment benefits and social housing for new arrivals and limited their time in which to find a job to six months. The package agreed last Friday gives us new powers to exclude criminals from EU countries, and stops EU nationals dodging British immigration rules to bring family members from outside the EU to live in Britain.

Under this agreement, we can apply our rules, including on minimum income and English language competence. It ends the unfairness of child benefits at British rates being sent to children living in countries with much lower living costs, and it gives us a new seven-year emergency brake to ensure that EU migrants will not have full access to in-work benefits until they have been in the UK for four years, answering the perfectly reasonable question: why should people take out when they have not paid in? Under this new arrangement, they cannot do that—no more something for nothing. Taken together, this is a package that will address the concerns of the British people about abuse of our benefit systems and erosion of our immigration controls.

[Mr Rees-Mogg]

On child benefit, will the Foreign Secretary confirm that the agreement does not meet the promise set out in the Conservative party manifesto, which said:

“If an EU migrant’s child is living abroad, then they should receive no child benefit or child tax credit, no matter how long they have worked in the UK and no matter how much tax they have paid”?

That has not been achieved. It is a failure.

[Mr Hammond]

As I have said before in this House, any reasonable person will look at the package that has been delivered. We have been clear from the outset that tackling abuse of our welfare system is about reducing the pull factor that makes the UK a target for inward migrants because they can get their wages topped up with a variety of benefits. The proof of the pudding will be in the eating. Although my hon. Friend can pick on a specific part of the package, I think that most reasonable people will want to look at it in the round.

[Mr Nigel Dodds (Belfast North) (DUP)]

rose—

[Mr Baker]

rose—

[Mr Hammond]

Let me make a little progress. The fourth area in which this deal delivers concrete change is in protecting us from political integration under the mantra of “ever closer union”. The British people have never believed in political union and have never wanted it, and now there is a clear and binding legal commitment to a treaty change to ensure that the United Kingdom will never be part of it. That is a crucial change that alters fundamentally the UK’s relationship with the EU, setting out clearly, in black and white, that the UK’s destination will be different from that of the rest of the EU.

[Mr Nigel Evans (Ribble Valley) (Con)]

The promise on child benefit was in our manifesto, so what will people think of the 2020 Conservative manifesto if we promise things we cannot deliver?

[Mr Hammond]

The Prime Minister gave a commitment to go to Brussels, to negotiate hard and to bring back the very best deal that he could achieve. That is what he has done. I think that people will look in the round at the commitments that were made and what has been delivered. In the end, it will be the British people who give their verdict on that package.

[Patrick Grady]

The Foreign Secretary has talked many times about the opinions of the British people, but does he not accept that there is a divergence of opinion across the United Kingdom, with a clear majority in Scotland in favour of remaining in the EU and considerably more sympathetic to the European project? I grew up in the Scottish highlands, where there are bridges and roads that simply would not exist without the gold-starred blue flag pinned alongside them. There is a lot more sympathy and appreciation among the people of Scotland for the positive things that the European Union has achieved.

[Mr Hammond]

This is a UK-wide question and a UK-wide referendum. I sincerely hope that when the dust has settled and the counting is done, the hon. Gentleman will discover that a significant majority of people across the United Kingdom believe that Britain is better off, stronger and safer inside the EU. When the debate plays out, however, I hope he has a stronger argument than, “They bunged us a few quid to build a road”, because, frankly, that is not a sustainable argument across the European Union as a whole.

[Several hon. Members rose—]

[Mr Hammond]

I am going to make a little progress. I am happy to take interventions, but in doing so I am conscious that I am eating into the time available for debate.

We have also set out to strengthen the powers of this Parliament and of the British people. In the last Parliament, we legislated, through the European Union Act 2011, to ensure that no more powers could be handed to Brussels without the explicit consent of the British people in a national referendum. That Act introduced a vital check on the one-way ratchet of the transfer of powers from Westminster to Brussels.

This deal goes further, breaking the ratchet once and for all, with a new mechanism to return powers from Brussels to national Parliaments. For new legislation, the UK Parliament, working with the other national Parliaments, will be able permanently to block proposed EU legislation that a majority of them do not want, through a red card system.

The declaration, signed by all 28 member states, that we secured at the European Council last Friday is, as I have said, legally binding in international law and has already been registered as a treaty at the United Nations. Authoritative legal opinion is clear on this point. It cannot be undone without the consent of every single member state, including Britain. The agreement commits all member states to changes, in due course, to the EU treaties to enshrine the protections for Britain as a non-member of the eurozone, and to confirm explicitly that ever closer union does not apply to the UK.

[Mr Rees-Mogg]

I am grateful to my right hon. Friend for giving way a second time. He phrases himself incredibly carefully. He says, quite correctly, that the agreement is binding in international law, which is not justiciable, but it is not binding in European law, where it has only to be taken into account by the European Court of Justice. Nor is it irreversible, otherwise section A(7) could not say:

“The substance of this Section will be incorporated into the Treaties at the time of their next revision in accordance with the relevant provisions of the Treaties and the respective constitutional requirements of the Member States.”

If it requires the respective constitutional procedures of the member states, that means that if they are not followed, it will not be implemented.

[Mr Hammond]

In the Rottmann decision, the ECJ itself made clear that it had to take account of a decision of this nature. I say to my hon. Friend and others who repeatedly make points about the legally binding nature of agreements that we are having a substantive debate about the future of Britain, in or out of the European Union. We have a package that has been agreed by all 28 countries and endorsed by their Heads of State and Government. It is not only legally binding, it is a solemn political commitment. I advise colleagues to address themselves to the substantive issues that we are debating, namely Britain’s place in the European Union and what the world would look like from the perspective of a Britain outside the EU.

[Sir Gerald Howarth]

I want to take the Foreign Secretary back to the serious substantive point that he made at the outset of his speech. He and the Prime Minister claim that somehow this deal enhances the security of Europe. By asserting that the EU has a role in the defence matters of Europe, they are going down an extremely dangerous line, playing into the hands of those such as Mr Juncker, supported by Chancellor Merkel, who want an EU army. There is a real risk that NATO will be undermined. The Foreign Secretary and the Prime Minister should address that issue, rather than have a junior spin doctor in No. 10 twisting the arms of former senior military officers to sign a letter to The Daily Telegraph, from which two signatories have already resiled.

[Mr Hammond]

My hon. Friend, who served with me in the Ministry of Defence, will know that no one is as alert as I am to the risks of undermining NATO’s crucial role in underpinning the defence of western Europe. We have always been very clear that any role played by the European Union in our defence must be complementary to, and in no way undermine, the role of NATO. I remind him that, when we took part in the counter-piracy operation to interdict terrorists pirating ships crewed by British citizens off the coast of Somalia, it was led by a British admiral based in Northwood, but it was a European Union mission that carried out the task. We have to look for roles in which the European Union can augment our security and safety. We are seeing that across the piece in organised crime and counter-terrorism. We see it today, and we have seen it in past years.

[Richard Drax (South Dorset) (Con)]

rose—

[Mark Pritchard (The Wrekin) (Con)]

rose—

[Mr Hammond]

I will make a little progress, if my hon. Friends will allow me.

These changes, taken together with our existing opt-outs from the euro, from Schengen and from justice and home affairs measures, give Britain a special status within the EU; indeed, it is a unique status. That gives us the best of both worlds: a seat at the table to protect our interests, but a permanent opt-out from those areas of the EU that we reject—out of ever closer union and political integration, out of Schengen, out of the euro and out of eurozone bailouts.

This is a significant package, delivering the substantial, legally binding and irreversible changes that we promised. But let me be clear: no one is suggesting that it solves all the problems of the EU. The deal is not the end of the reform of the EU, but it is an important step on the road.

No matter which side of the debate we are on, I hope that we will at least be able to agree across the House that the decision will be one of profound significance for the future of our country. It will be a choice that determines our trajectory for a generation or more. Let me be clear; the Government will respect the outcome of the referendum, whatever the result. There will be no second referendum. The propositions on the ballot paper are clear, and I want to be equally clear today. Leave means leave, and a vote to leave will trigger a notice under article 50. To do otherwise in the event of a vote to leave would represent a complete disregard of the will of the people. No individual, no matter how charismatic or prominent, has the right or the power to redefine unilaterally the meaning of the question on the ballot paper.

[Andrew Gwynne (Denton and Reddish) (Lab)]

The Foreign Secretary is absolutely right to make it clear that this is a one-time referendum and that the decision is in or out. If it is out, I think that the British people need to know what they would be going out to. Does he agree that it is about time the vote leave-ers set out precisely their vision of Britain outside the European Union?

[Mr Hammond]

I agree with the hon. Gentleman, and I am about to come to that point. I hope that my remarks might provoke some of my hon. Friends to put some flesh on the bones of what leaving might mean. I will say something about the consequences of, respectively, a vote to leave the EU and a vote to remain.

[Nick Herbert (Arundel and South Downs) (Con)]

Will the Foreign Secretary give way?

[Mr Hammond]

Let me make my point, and then I will happily give way to my right hon. Friend. A vote to leave is a vote for an uncertain future. That is a simple fact. That uncertainty would generate an immediate and negative reaction in financial markets; on that, all market commentators agree. Indeed, the mere possibility of a leave vote will have a chilling effect on business confidence even before the referendum.

[Mr McFadden]

It is already happening.

[Mr Hammond]

As the right hon. Gentleman suggests from a sedentary position, we have had a foretaste of that this week in the currency markets.

A vote to leave would trigger a fixed two-year time period under the treaty for the UK to negotiate the terms of our exit from, and our future relationship with, the EU. We would, of course, seek to reach agreement with the other 27 member states during that two-year period. In the meantime, however, we would be able to offer British businesses that wanted to invest no assurance at all about their future access to EU or other markets. We would have nothing to say to Japanese, American or Chinese companies that come here looking for a base from which to produce for the EU market. That would be truly a leap in the dark, and the effect would be to put the economy on hold until the negotiations were completed. At the end of those two years, there is no guarantee that agreement would have been reached, but our exit would be automatic unless every single one of the remaining member states agreed to an extension of the negotiating period.

[Nick Herbert]

My right hon. Friend is rightly drawing attention to the potential impact of Brexit on our economy, but may I take him back to the issue of security? It was suggested earlier that there would be no adverse consequences for security from our leaving the European Union, because we would remain members of NATO. Did he hear the remarks this morning of the former Secretary-General of NATO, Anders Fogh Rasmussen, who said:

“If the UK were to leave the European Union, the voice of the UK would be weakened”?

He concluded:

“I would strongly regret if Britain were to leave the European Union. A lot is at stake when it comes to security.”

Should we not listen to former Secretaries-General of NATO, as well as to former military commanders, and have some respect for their views?

[Mr Hammond]

Mr Fogh Rasmussen is not merely a former Secretary-General of NATO, but a former Prime Minister of Denmark. That country can tell us something about the binding and enduring nature of protocols that are made in EU negotiations. It is important to acknowledge that security comes in different parts: military security and defence, but also security against organised crime and against terrorism. The EU makes its most important contribution to our overall security in the latter two.

[Alex Salmond (Gordon) (SNP)]

The Foreign Secretary invokes article 50. Before notification was given under article 50, given that the referendum is an advisory one in terms of the constitution, would there be a vote in Parliament? Would there also be a vote in the Scottish Parliament, given the impact on devolved competencies under the Sewel convention?

[Mr Hammond]

The Government’s position is that the referendum is an advisory one, but the Government will regard themselves as being bound by the decision of the referendum and will proceed with serving an article 50 notice. My understanding is that that is a matter for the Government of the United Kingdom, but if there are any consequential considerations, they will be dealt with in accordance with the proper constitutional arrangements that have been laid down.

[Mr Bernard Jenkin (Harwich and North Essex) (Con)]

I rather concur with the right hon. Member for Gordon (Alex Salmond), because I think that before the Government could move to any action as a consequence of the referendum, it would be essential for Parliament to debate the matter and for the Government to obtain consent from Parliament.

On the question of what happens if we leave, may I enlighten the Foreign Secretary? First, there is no obligation to go for article 50. Secondly, we would be taking back control over our borders, our laws and the £10 billion a year net that we give to the European Union. It would buy us plenty of options, which the Government seem determined to prevent us from even discussing.

[Mr Hammond]

My hon. Friend raises again the suggestion that there is no need to treat an exit vote as triggering a notice under article 50. He seems to suggest that there is some other way of doing it. He raised the question on Monday and I looked into it, because he caught my imagination, but I have to tell him that that is not the opinion of the experts inside Government and the legal experts to whom I have talked. We are bound by the treaty until such time as we have left the European Union. The treaty is a document of international law, and Ministers are obliged under the terms of the ministerial code to comply with international law at all times.

The UK’s current access to the single market would cease if we left the EU, and our trading agreements with 53 countries around the world would lapse. It is impossible to predict with any certainty what the market response would be, but it is inconceivable that the disruption would not have an immediate and negative effect on jobs, on business investment, on economic growth and on the pound. Those who advocate exit from the EU will need to address those consequences—the substantive consequences, of the kind that the British people will be most focused on—in the weeks and months of debate to come.

I want to say something about the environment in which the putative negotiations would be conducted, because it is crucial to understand how difficult the discussion would be.

Over the past 18 months, I have got to know pretty well my EU counterparts, and in many cases their senior officials, as well as the opposition figures in most of their countries and key figures in the Commission and the European Parliament. There is, perhaps surprisingly, an overwhelming consensus among them about the importance of Britain remaining a member of the EU. However, they, too, are politicians: they, too, have constituents to whom they are having to explain, even now, why Britain adds so much value to the EU that it has to be allowed a unique and privileged set of arrangements that are not available to any other member state. They have, collectively, already invested a lot of political capital in delivering on Britain’s agenda. I tell the House, frankly, that if we reject the best-of-both-worlds package that has been negotiated by the Prime Minister and if we reject the unique and privileged position in the European Union that is on offer to Britain, the mood of good will towards Britain will evaporate in an instant. That would be our negotiating backdrop. To those who say they would have to negotiate—

[Mr Nigel Evans]

Will the Foreign Secretary give way?

[Mr Hammond]

I will in a moment, but this is important. People are talking about a negotiation that we might have to have with 27 other member states, and it is important to think about the mindset of those 27 other member states as they go into such a negotiation. To those who say that they would have to negotiate a sweetheart trade deal with a UK outside the EU, I say this: there will be no desire at all among the political elites of the remaining 27 member states to help an exiting Britain show that it can prosper outside the EU. On the contrary, they will interpret a leave decision as two fingers from the UK, and we can expect precisely the same in return. The idea that they will go the extra mile to ensure that Britain can remain a destination for foreign direct investment to serve the EU market or that our financial services industry can compete in the European market on a level playing field is, frankly, fantasy land.

[Several hon. Members rose—]

[Mr Hammond]

I give way to my hon. Friend.

[Mark Pritchard]

I am grateful to the Foreign Secretary—

[Mark Pritchard]

I am showing respect, and I am sure my hon. Friend would want to show respect as well. I think if you insult people, you have a weak argument.

Does not the United Kingdom have a veto over foreign policy in Europe? If we were to leave the European Union, the United Kingdom would have less influence, by definition, on European Union foreign policy, and it would be more likely that European Union foreign policy was dominated, for good or bad, by France and Germany.

[Mr Hammond]

My hon. Friend is right. These are the complexities: obviously, if we were outside the European Union, we would not be bound by any foreign policy of the European Union, but, equally, we would not have any influence and, in this case, that influence is decisive because of our veto over that policy. It is a judgment, and people will have to weigh up the pros and cons.

[Richard Drax]

The Foreign Secretary used the expression “the political elites”. He slipped into using it just naturally. The political elites are the main problem, because they ignore the voter. If that goes on, it will just happen more and more.

[Mr Hammond]

Rather to my surprise, I agree with my hon. Friend. I shall use the phrase “the political elites” again in my speech, because he is absolutely right: there is a gap between what the political elites in some European countries are thinking and what their voters are thinking. However, on the subject we are discussing—a putative negotiation on Britain’s future relationship with the European Union—the reality is that our negotiators would have to engage with those political elites.

[Mr Nigel Evans]

Will the Foreign Secretary give way?

[Mr Hammond]

I will in a moment, but I want to make a little more progress.

In addition, any market access we agreed with our former EU partners would come at a very high price. We know that because we know what the basic models are for access to the single market for non-EU member states. We can look at Norway: pay up as if you were a member state, accept all the rules as if you were a member state, allow full free movement across your borders as if you were a member state, but have no say, no influence and no seat at the table; or Switzerland: spend eight years—

[Mr Jenkin]

It’s silly.

[Mr Hammond]

My hon. Friend says it is silly, but it is a fact that that is where Norway is today. It is a fact that it took Switzerland eight years to negotiate piecemeal access to the single market sector by sector, and it has had to accept three times as many EU migrants per capita as the UK. That surely cannot be the future for Britain that the leave campaign seeks: it is literally the worst of both worlds.

[Mr Nigel Evans]

I am interested to know my right hon. Friend’s judgment on the character of our fellow EU countries. Is he really saying that Germany would be so vindictive and spiteful that it would cut off its nose to spite its face? According to a House of Commons Library paper, we export £43.3 billion of goods and services to Germany and it exports £70.6 billion of goods and services to us, which is a deficit of £27.3 billion. Is he really saying that Germany is so vindictive and spiteful that it would close its door to that?

[Mr Hammond]

I want to make two points in response to my hon. Friend. He is of course absolutely right that Britain has a substantial deficit in trade in goods with the European Union. If all he is seeking is a free trade agreement for trade in goods—

[Mr Evans]

Goods and services.

[Mr Hammond]

I am talking about trade in goods. If that is all my hon. Friend is seeking, it would be relatively simple to negotiate, but Britain will need much more than that if we are to get a fair deal for Britain’s businesses and to protect British jobs.

I want to make another point to my hon. Friend. He is of course right that economic and business voices from across Europe would argue for a free trade deal of some description with the UK. However, the political elites would look over their shoulder at the effect of a British exit and at their political opponents in their own country, and they would be fearful that what they see as contagion might spread. They do not wish to do anything that would help us to demonstrate that Britain can succeed outside the European Union. That is a simple political fact. Everyone in the Chamber is a politician, and we all know how such a calculation works: when the chips are down, they will protect their political interests.

[Emma Reynolds]

Does the Foreign Secretary agree that those who advocate that we leave express a big inconsistency? On the one hand, they say, “When we are in the European Union, we can’t get anything we want”, but on the other hand, they say, “If we come out of the European Union, we will have precisely what we want”.

[Mr Hammond]

The hon. Lady has put her finger on it. That is what this debate will hinge on. Those who propose that we remain argue that we should stick with a proposition we know and understand, and lay on top of that the additional benefits that the Prime Minister has gained for us in the negotiation. Those who propose that we leave do not know—because they cannot know—what they are proposing to the British people. They can tell us what they would like to achieve and what they would hope to negotiate, but by definition they cannot know until afterwards and the British people cannot know until afterwards what proposition they would be voting for.

[Mr Jenkin]

Will my right hon. Friend give way?

[Mr Hammond]

No. I want to move on to setting out what I see as the consequences of Britain deciding to remain.

If Britain decides to remain a member of the EU, I want it to do so with the mindset of a leader. Having renegotiated the terms of our membership and secured the protections we need against further integration, we need to be a loud voice in the EU. We need to exercise our influence as Europe’s second largest economy and the recognised leader of its reform movement. We need to stop seeing ourselves as passive victims of the EU, and start to see Britain for what it is—one of the most powerful and influential member states, and one to whom others look for leadership in keeping the EU on track as a competitive, outward-looking, free-market union that is engaged with the challenges of a globalised economy.

We can take on that role because Europe is changing. There was a time when Britain, with its sceptical approach to the European project, really was in a minority of one, but the political balance across the EU is shifting away from an unquestioning acceptance of the inevitability of “more Europe” to an engaged scepticism—a desire for the EU to focus on where it can add value, leaving the member states to get on with their own business where it cannot; and a recognition of the benefits of membership, with an increasing focus on the costs and a healthy pragmatism about the limits to what the EU can deliver. In Denmark, Finland, Poland, Hungary and other Baltic and eastern European member states, we increasingly find like-minded partners who share our vision of Europe. Even in the Netherlands, one of the founder member states, the mood has shifted sharply. In that country, there is a slogan that rather neatly sums up what I think most people in Britain think about the EU: “National where possible, Europe where necessary.” Across the continent, the population, as opposed to the political elites, has become more sceptical about the EU and more focused on the need for reform and accountability.

[Jim Dowd (Lewisham West and Penge) (Lab)]

On the very point that the Foreign Secretary has just made, has he noticed that an increasing number of EU member states are looking enviously at the deal that Britain has managed to secure—I will leave the qualitative judgment to others—and seeing that this is a route that they want to take advantage of, because there is a huge appetite for reforming the European Union to ensure that it serves the people of Europe and not just the political elite?

[Mr Hammond]

The hon. Gentleman is right and that is my case: Britain can lead that reformist tendency within the European Union, which is subscribed to by more and more member states and by the populations in even more member states where the political elites have not yet woken up to the new reality.

Let us be clear with our neighbours that although the package agreed in Brussels last week is a big enough step forward to allow us to recommend to the British people staying in the EU on these special terms, they should not for a moment imagine that a UK recommitted to EU membership will rest on its laurels. They should expect to deal with a UK that fights continuously at the head of a growing phalanx of like-minded member states to keep the EU on the track of reform and competitiveness. They should expect us to police rigorously the delivery of the promises that have been made on deregulation, the repatriation of power, eurozone fairness, single market progress and trade agreements.

The choice for Britain is simple: a leading role in a reformed EU or a leap in the dark to negotiate from a position of weakness with the 27 member states we have just snubbed; driving the expansion of the single market and EU trade agreements from within or watching from outside as the rules of the market are shaped by the interests of others.

The special status that Britain has on offer means that we can have the best of both worlds. We can be in the parts of Europe that work for us and permanently out of those that do not. We can influence the decisions that affect us, shape the world’s largest market and co-operate to keep Britain safe, strong and better off, with the status of our pound and the Bank of England guaranteed and our exclusion from eurozone bail-outs confirmed. We will be out of the passport-free Schengen area and permanently protected from further steps of integration towards a European superstate, and new commitments will be made and mechanisms established to reduce burdens on business and return powers to member states. Of course there is more to do, but as we move towards the referendum, this Government have no doubt that on these terms, the United Kingdom is safer, stronger and better off inside a reformed European Union.

[Several hon. Members rose—]

--- Later in debate ---

[Alex Salmond]

If the hon. Gentleman will forgive me, I shall certainly give way to him slightly later.

I wanted to reflect on one point where I have particular experience and I think a bit of honesty is called for. I was the First Minister who lost a referendum and then resigned the next day. I did that because I do not think it is credible for a First Minister or Prime Minister to continue in office in these circumstances. I do not believe the Prime Minister—and I do not think probably the majority of his party and certainly of the country believes him—when he says he would sail on in office with a negative vote, to negotiate out of the EU, after telling people it was essential to the security and prosperity of the country, as he put it last week, for us to be in it.

There is evidence to suggest the Prime Minister has form on these matters. On 17 September 2014 he said in a statement that the question in the Scottish referendum was not about his future, but was about the future of Scotland and that he would continue regardless of the result, but by 28 September—11 days later—he confided to Scotland on Sunday the following:

“If the vote had been for Scotland to have left the UK, I genuinely would have been heartbroken. I would have felt winded and wounded. Emotionally, one would have thought, ‘I’m so saddened by this. I find it difficult to go on’.”

By “difficult to go on” I think he meant in office rather than anything more substantial.

That attitude has been confirmed by a number of sources since. I suspect that the idea that a Prime Minister could continue in office having lost such a vote is, to coin a phrase, “for the birds”, which is exactly why the hon. Member for Uxbridge and South Ruislip (Boris Johnson) is right in one bit of his apparent calculation: that an opening would allow a new Prime Minister, as he puts it, to negotiate our way back into some sort of European construct on better terms. The second half of that probably is “for the birds”, but at least in the first half about a vacancy being available the hon. Gentleman’s calculation may be right. I think the Prime Minister should own up, because I think his current position lacks some degree of credibility.

The nature of this debate is already having big impacts on politics. Earlier this week, while people in this place were understandably fixed on the contest between the hon. Member for Uxbridge and South Ruislip and the Prime Minister in the European debate, there was the settlement of the Scottish financial position. Huge tribute should be paid to the First Minister of Scotland and the Deputy First Minister, and indeed to those on all sides of the negotiating team, on bringing that settlement about. But I wondered about the rapid change in position that was taking place, where only a couple of weeks ago the Treasury position was to arrange a £7 billion reduction from Scotland’s finances, which became last week £3.5 billion, £2.5 billion earlier this week, and then ended up at zero by Tuesday afternoon. I am prepared to suggest that one reason why that change of heart may well have come about is that if it had not come about—[Interruption.] The Foreign Secretary says there was no change: believe me, the dogs in the street in Scotland know there was a substantial change over the last few weeks, and one reason why it may have come about, I suspect, is that if the Prime Minister was in the position of not being able to deliver his pre-referendum promises or vows to Scotland, he would perhaps find it difficult to sustain the argument that 27 other European leaders might be delivering their pre-referendum vows to him. We are already seeing aspects of this debate having a very substantial influence on politics.

I asked the Foreign Secretary earlier about the circumstances that would arise if the vote went for out and when article 50 would be invoked, and I have been reading the Library paper in preparation on exactly that issue. The Library paper suggests that the likely formulation would be that there would be a vote in this Chamber before the Government invoked the position, but the Government could say it was an Executive decision and just go ahead anyway. What it then goes on to argue is of great importance.

[Mr Philip Hammond]

I wish to clarify something. I answered the right hon. Gentleman on this point earlier, but I have taken advice since. It is the Government’s position that if the electorate give a clear decision in this referendum to leave, the Government will proceed to serve an article 50 notice; there will be no need for a further process in this House.

[Alex Salmond]

The Foreign Secretary says now, “No debate, no decision in the House”—right, fine. And I think that could be defended on the basis that it would be a brave person who took the position that the electorate had voted in a referendum and would attempt to gainsay it. But what I was going on to say to the Foreign Secretary is that perhaps he should pay some attention to what is in the Library paper, which goes on to put the position of what might be happening in the devolved legislatures. It says:

“As noted above, the competences of devolved legislatures and executives are circumscribed by EU law, and some positive responsibilities are placed upon the executives to implement that law. An argument could be made that the removal of these features on leaving the EU would prima facie alter devolved competence, and, insofar as it involved UK legislation, would require legislative consent from the devolved legislatures under the Sewel Convention.”

Oral Answers to Questions

Lord Hammond of Runnymede Excerpts

Tuesday 23rd February 2016 Commons Chamber

[Helen Hayes (Dulwich and West Norwood) (Lab)]

2. What assessment he has made of recent progress on the Syria peace talks.

[The Secretary of State for Foreign and Commonwealth Affairs (Mr Philip Hammond)]

On 11 February, the International Syria Support Group, meeting in Munich, reached agreement to deliver humanitarian assistance to besieged communities and to implement a cessation of hostilities. I am pleased to say that the first deliveries of aid have now been made, and yesterday there was an announcement of agreement between Russia and the United States on the detailed arrangements for the cessation of hostilities, which will come into force at midnight on Saturday. If that cessation is fully implemented—faithfully implemented—by all the parties, this could be an important step towards a lasting political settlement in Syria.

[Helen Hayes]

The bombing of two hospitals and other health facilities in northern Syria is completely unacceptable and a clear breach of international humanitarian law. Does the Minister agree that those responsible must be brought to justice and that that reinforces the need for the UN Security Council to refer the situation to the International Criminal Court?

[Mr Hammond]

The hon. Lady identifies an incident that has caused widespread outrage across the world, but in her question she has put her finger on the problem: a referral to the International Criminal Court requires a resolution of the United Nations Security Council, one veto-holding member of which is the Russian Federation, so it is unlikely that we will succeed going down that route.

[Crispin Blunt (Reigate) (Con)]

Turkish policy towards Syrian Kurdish forces seems inconsistent with our own; inconsistent with the prospect of supporting Syrian peace talks; and inconsistent with the opportunity to form a united front against Daesh. What is the Foreign Secretary’s assessment?

[Mr Hammond]

My hon. Friend is right that the Syrian Kurds are an important part of the equation and they have to be brought into any enduring solution in Syria, but Turkey has a problem with links between PKK—a terrorist group that is designated as such in both Turkey and the UK—and Syrian Kurdish groups. There are overlaying conflicts here, and the Turkish-Kurdish conflict is a major complicating factor. What we have seen over the past weeks is very disturbing evidence of co-ordination between Syrian Kurdish forces, the Syrian regime and the Russian Air Force, which is making us distinctly uneasy about the Kurds’ role in all of this.

[Mr Ben Bradshaw (Exeter) (Lab)]

With the Russian indiscriminate bombing of civilians in Syria driving the refugee crisis in a deliberate foreign policy tool to destabilise and weaken Europe, does the Secretary of State agree that now is not the time even to talk about weakening EU sanctions against the Putin regime?

[Mr Hammond]

I very strongly agree with the right hon. Gentleman that now is not the time to send Russia any signals of compromise or of pulling back. The only language that Mr Putin understands is the language of strength and, I am afraid, the language of confrontation. When unacceptable behaviour on the scale that we have seen in Syria occurs, we have to stand up to be counted, however inconvenient that may be for some who have to be counted.

[Sir Edward Leigh (Gainsborough) (Con)]

Whether we like it or not, Russia is an essential prerequisite to any successful talks. The American Secretary of State has a close working relationship with the Russian Foreign Minister, talking to him nearly every week. When did the Foreign Secretary last talk to the Russian Foreign Minister and what is he doing to improve his personal relationship with him?

[Mr Hammond]

Our relationships with our Russian counterparts are difficult. I last spoke to Sergei Lavrov on 11 February during the Munich International Syria Support Group meeting where he and I had some prolonged and robust exchanges around the table. I do speak very regularly with the US Secretary of State, most recently meeting him on Saturday morning, so I am very much aware of the discussions that he is having with our mutual Russian counterpart. The problem is that Russian policy on Syria is made not in the Russian Foreign Ministry, but inside a tiny cabal around President Putin at the heart of the Kremlin.

[Dr Lisa Cameron (East Kilbride, Strathaven and Lesmahagow) (SNP)]

What dialogue has the Minister had with our French counterparts as a result of the Syrian crisis regarding the safety and child protection arrangements for unaccompanied child refugees who are at grave risk and who are due to be dispersed from the jungle camp in Calais?

[Mr Hammond]

I have had discussions about the situation in Syria with my former French counterpart who retired the week before last and with my new French counterpart, Jean-Marc Ayrault, on a regular basis. The issues relating to would-be migrants accumulated around Calais are for the Home Secretary, and she has very regular discussions with her counterpart, Bernard Cazeneuve.

[Alec Shelbrooke (Elmet and Rothwell) (Con)]

My hon. Friend the Member for Gainsborough (Sir Edward Leigh) is absolutely right that the Russians are a key part to establishing a meaningful political settlement in Syria. Does my right hon. Friend agree that that does not mean that we give in to the Russians across the rest of Europe and that the NATO commitment in the Baltic states is just as important to counterbalance whatever partnerships we use the Russians for in Syria?

[Mr Hammond]

My hon. Friend is right. We are dealing with a raised level of Russian assertiveness—indeed, aggression—in many areas: in the Baltic, in Ukraine, and now in the middle east, and we have to be robust in all areas. He is also right—and our hon. Friend the Member for Gainsborough (Sir Edward Leigh) was right—that Russia holds the key to the situation in Syria. I have said in the House before, and I shall say again today, that there is one person in the world who has the power to bring the misery in Syria to an end by picking up the phone and making one phone call, and that person is Vladimir Putin.

[Diana Johnson (Kingston upon Hull North) (Lab)]

The whole House will welcome the ceasefire agreement, which is badly needed, but there have been promises from Russia before. The Russians have repeatedly claimed to attack terrorist groups when, in fact, they have attacked moderate opposition forces and civilians, so can the Foreign Secretary set out how breaches of the ceasefire agreement will be assessed?

[Mr Hammond]

The hon. Lady has put her finger on the problem. The ceasefire agreement will allow continued operations against Daesh, al-Nusra and associated terrorist groups designated by the UN Security Council, and no one would disagree with that. The problem is that the Russians claim that all their action to date has been against those groups. On the face of it, the Russians could be entering into this arrangement on the basis that they will not change their behaviour at all. Clearly, the cessation of hostilities will fail before it has even got off the ground if that is their intention, so everything hinges on Russian good intentions.

[Diana Johnson]

So can the Foreign Secretary explain what consideration has been given to a UN resolution to strengthen the ceasefire agreement and support the peace talks?

[Mr Hammond]

First, an arrangement has been agreed between the Russians and Americans for investigating alleged breaches of the ceasefire, and there is a commitment on both sides to working up a co-ordination cell to try to identify legitimate targets that can be struck during the ceasefire. As for the UN dimension, we are looking at that, and we would very much welcome a UN resolution behind the ceasefire. We already have UN resolution 2254, which we agreed on 18 December in New York, but we welcome further UN resolutions. That can only happen if the Russians are prepared to work with us, because they have a veto.

[Nusrat Ghani (Wealden) (Con)]

3. What diplomatic support the Government are providing in Kurdistan to tackle ISIL/Daesh.

--- Later in debate ---

[Michael Tomlinson (Mid Dorset and North Poole) (Con)]

9. What discussions he has had with other members of the international coalition on improving diplomatic co-ordination against Daesh.

[The Secretary of State for Foreign and Commonwealth Affairs (Mr Philip Hammond)]

Britain was a driving force behind the creation of the global coalition. We hosted the first coalition meeting in London in January 2015. I frequently discuss the campaign against Daesh with coalition and other international partners, including at a coalition small group meeting in Rome earlier this month.

[Nadhim Zahawi]

The Kurdistan Regional Government army has been valiantly battling against Daesh over a 1,000 km frontline since summer 2014. Will my right hon. Friend pay tribute to the peshmerga and say more about the role they may play in the liberation of Mosul?

[Mr Hammond]

I am very happy to pay tribute to the Peshmerga. They have proved themselves to be an extraordinarily resilient fighting force and perhaps the most effective force operating against Daesh. The UK is training and providing equipment to the Peshmerga. I had an opportunity a couple of weeks ago to meet President Barzani of the KRG, to talk about the liberation of Mosul and the role that the Peshmerga might play. I am pleased to be able to report two things. First, the KRG appear to have become more open to the idea that the Peshmerga will play a role in the liberation of Mosul. That will be very important. They have also agreed to Iraqi Government security forces being based in the KRG to prepare for the assault on Mosul. Those two things make it much more likely that we will see a successful assault on Mosul earlier rather than later.

[Michael Tomlinson]

Seeking a diplomatic solution in Syria has gone hand in hand with our humanitarian aid in the region. Will the Secretary of State set out how increased diplomatic co-operation will improve and assist our humanitarian aid in the region, specifically in neighbouring countries such as Jordan and Lebanon?

[Mr Hammond]

As the whole House will know, we hosted in London on 4 February a very successful conference on Syria and the region, raising $11 billion in a single day. The real significance of that meeting, however, was that we moved on from the idea of simply collecting money and distributing it to working with the host countries in the region to ensure that refugees are able to access the labour market, get education for their children and access healthcare, making them less likely to feel the need to decamp and become irregular migrants heading towards Europe.

[Ms Gisela Stuart (Birmingham, Edgbaston) (Lab)]

Daesh moves into areas of conflict and ungoverned spaces. King Abdullah of Jordan has asked that we reach out to areas such as Bosnia and Herzegovina, Albania and Kosovo, as he regards them to be among the next potential trouble spots. Are we making any progress?

[Mr Hammond]

Yes. The right hon. Lady is right. We should be very much focused not only on the countries that already face that challenge, but on the countries that are next in line for the challenge, and we should seek to reinforce them. I am happy to tell her, if she was not aware of this, that the Prime Ministers of all the western Balkan countries were in London yesterday, and I had the opportunity to meet the Prime Ministers of Bosnia and Herzegovina, Kosovo, Serbia, Albania, and Montenegro. We are working closely with them to ensure the resilience and the European trajectory of that region.

[Mr Nigel Dodds (Belfast North) (DUP)]

On the issue of Daesh fighters returning home to countries here in Europe, what diplomatic co-ordination efforts have been made to develop a common response among countries in Europe to ensure that we keep our citizens safe and prevent those people from coming back to wreak havoc, through terrorism, on towns and cities in the UK?

[Mr Hammond]

Different countries in Europe have different domestic legislation around that issue. We in the UK have some of the most robust measures available to us to deal with returning fighters. It is precisely because of the importance of the exchange of information between European partners that the Prime Minister was able to confirm yesterday that we believe that Britain is safer and more resilient against the threat of terrorism because of its co-operation within the European Union.

[Royston Smith (Southampton, Itchen) (Con)]

As operations against Daesh in Iraq are successful—[Interruption.]

[Royston Smith]

You are very kind, Mr Speaker. As operations against Daesh in Iraq are successful, what is the threat of Daesh’s moving to Libya? Has the Foreign Secretary made an assessment of that eventuality?

[Mr Hammond]

There is clearly a risk that as Daesh is militarily defeated in Iraq and then in Syria, the embryonic Daesh presence in Libya, particularly around Sirte, could become a new base for operations just 100 miles off the coast of Europe. That is why we are working with our partners and allies to encourage the formation of a Libyan Government of national accord that we can work with to start stabilising the country and pushing back on the Daesh footholds in Libya.

[Derek Twigg (Halton) (Lab)]

Further to the last question, can the Foreign Secretary say how far ahead we are in bringing about that co-ordination and establishing a stable authority in Libya to take on Daesh? We have seen recently an increase in Daesh activity, and there is still a lot of disconnect between the different bodies in Libya. Will he give us a bit more information about what progress is being made?

[Mr Hammond]

There is progress being made among European partners and with the US on preparing the kind of support we could give to a Government of national accord in Libya when and if one is formed. The problem is that several months after we first expected that to happen, the Government have still not been formed. We are working very closely with the parties in Libya and with the regional powers who have influence, particularly Egypt, to encourage Prime Minister Siraj to take the necessary steps to get that Government formed and approved so that we can engage. There is a strong commitment by the European partners to engage once that Government have been created.

[Clive Lewis (Norwich South) (Lab)]

10. What assessment he has made of the effect of the outcome of the March 2015 election in Israel on the peace process in that region.

--- Later in debate ---

[Mr Ranil Jayawardena (North East Hampshire) (Con)]

T1. If he will make a statement on his departmental responsibilities.

[The Secretary of State for Foreign and Commonwealth Affairs (Mr Philip Hammond)]

The Foreign Office’s mission is to protect Britain’s security, promote Britain’s prosperity and project our values through our diplomacy. The Prime Minister’s deal with the European Union offers the basis for Britain’s future prosperity and security in Europe. The crisis in Syria, the resulting irregular migration to Europe, the increased levels of Russian aggression and the continuing terrorist threat from Islamist extremism remain the principal threats to the security of the UK and UK citizens around the world.

[Mr Jayawardena]

I should refer Members to the Register of Members’ Financial Interests and to my position as the chairman of the all-party parliamentary group on Sri Lanka. As we know from Northern Ireland, reconciliation is possible only if both sides want to move forward. Will my right hon. Friend welcome the progress that has been made by the Sri Lankan Government in uniting the whole island by growing the economy and building a strong democracy? Indeed, will he encourage them to continue doing so?

[Hilary Benn (Leeds Central) (Lab)]

As events in Ukraine and the middle east have reminded us, nations that are committed to peace, security and democracy need to stand together in the face of aggression. Our membership of the European Union is one of the most important ways in which we do that. The Foreign Secretary knows that ending our alliance with the EU would send a dangerous signal, including to President Putin and Daesh. Why does he think some of his Cabinet colleagues cannot see that and are intent on a course of action that would weaken Britain’s voice and influence in the world and undermine our security?

[Mr Philip Hammond]

Each person in this country will have to make up their own mind about the question before them in the forthcoming referendum. I have always said that this is a balancing equation—there are plusses and minuses in any international relationship. However, I entirely agree with the right hon. Gentleman that on the question of Britain’s security and influence in the world, there is no doubt that we are stronger, safer and more influential by being part of the European Union than being out of it.

[Hilary Benn]

I am very grateful to the Foreign Secretary for that reply. The report of the UN Human Rights Council’s commission of inquiry on Syria, which was published earlier this month, found that:

“Flagrant violations of human rights and international humanitarian law continue unabated”.

The ceasefire that is due to come into effect this Saturday is desperately needed, but it will relieve suffering only if it is adhered to, as the Foreign Secretary said. What is his assessment of the prospects of ensuring that Russia respects the ceasefire by ending its attacks on the Syrian people? If it does not, what further pressure can be put on President Putin to do so?

[Mr Hammond]

As I have said, the Russians will say that they are complying with the ceasefire, and that continued attacks and airstrikes are justified by the terms of that ceasefire. It will be necessary to pore over individual attacks between the US and Russia in the co-ordination cell to identify exactly what happened. Whatever the technicalities, the big picture is this: unless the level of Russian airstrikes dramatically decreases, the ceasefire will not hold because the moderate armed opposition cannot and will not lay down their weapons while they are being annihilated from the air by Russian aircraft.

--- Later in debate ---

[Dr Andrew Murrison (South West Wiltshire) (Con)]

T4. Given the ongoing Russian incursion into Georgian sovereign territory, does my right hon. Friend absolutely condemn the situation in the southern Caucasus? Does he think that the situation in Abkhazia and South Ossetia must now be regarded as the new normal?

[Mr Philip Hammond]

We should be alert to Russia’s aggressive actions in former Soviet Union countries wherever they are, not just in Ukraine. Arguably, we were too slow to recognise that what was happening in Georgia was the beginning of a new dimension to Russian foreign policy, and we should resist it robustly wherever it arises, and push back against it wherever we can.

[Patrick Grady (Glasgow North) (SNP)]

T6. Will the Secretary of States confirm whether his discussions with the United States about Libya have included the possibility of UK military action, and that there will be no UK military action in Libya without approval from this House?

[Mr Hammond]

As the hon. Gentleman knows well, we have a long-established convention that before committing UK forces to combat, in all situations where it is possible—that is, other than in a direct emergency or where considerations of secrecy make it impossible—the Prime Minister is committed to bringing the issue before the House and allowing it an opportunity for debate.

[Chris Heaton-Harris (Daventry) (Con)]

T5. What assessment has the Department made of the security situation in Burundi, and what steps have been taken to bolster the presence of Her Majesty’s Government in Bujumbura?

[Stephen Kinnock (Aberavon) (Lab)]

T7. On 12 January, the Secretary of State told this House that China’s claim to be treated as a market economy should be judged through the prism of steel. Given that 70% of the Chinese steel industry is owned by the Chinese Government, will the Secretary of State now confirm that China should emphatically not be granted market economy status?

[Mr Philip Hammond]

I think what the hon. Gentleman will find if he checks the record is that I had just come back from China where I had conveyed the message to the Chinese that their claim to market economy status, and the European Union’s consideration of that claim, would be judged through the prism of their actions in relation to steel. They gave me assurances then, as they gave us assurances in October, that they are seeking to address overcapacity in the Chinese market. We have just had a discussion this morning about this in Cabinet. I learned this morning that there are protests in China about the loss of steel jobs, just as there are in the UK and in other places throughout Europe. The reality is that we have a massive surplus of steel capacity throughout the world and we have to address it.

[Luke Hall (Thornbury and Yate) (Con)]

T9. Following the recent action against Daesh in Libya, will my hon. Friend update the House on the situation there, as well as his plans to create a permanent memorial to the victims of Sousse, whose murders were planned from Libya?

--- Later in debate ---

[Mr Clive Betts (Sheffield South East) (Lab)]

T10. On the Foreign Office website, there is very clear advice to private companies thinking of doing business with illegal Israeli settlements. It states:“Financial transactions, investments, purchases, procurements as well as other economic activities…in Israeli settlements or benefiting Israeli settlements, entail legal and economic risks”and “we do not encourage or offer support to such activity.”Do the Government give exactly the same advice to public bodies, including local councils, with regard to their procurement decisions?

[Mr Philip Hammond]

Yes, we are clear with local authorities that they are bound by and must follow procurement rules, but we are clear that we do not support boycott movements. The Minister for the Cabinet Office was in Israel just last week and made that abundantly clear then.

[Henry Smith (Crawley) (Con)]

With the United States wishing to continue its military presence on Diego Garcia for a further 20 years, what discussions is the Foreign and Commonwealth Office planning to have with Washington about helping to facilitate the right of return of the Chagos islanders to the British Indian Ocean Territory?

[Ms Margaret Ritchie (South Down) (SDLP)]

Following yesterday’s drop in the value of sterling, what other implications does the Foreign and Commonwealth Office anticipate for Britain and Northern Ireland as a result of the uncertainty around the referendum?

[Mr Philip Hammond]

Uncertainty always has a cost to business. Business hates uncertainty, and the markets will reflect it. That is why it is right to hold the referendum at the earliest possible date—23 June—and settle this issue once and for all so that Britain can get on with Britain’s business.

[Robert Jenrick (Newark) (Con)]

When I canvass the streets of Newark for the local elections, people ask me about the views of my local councillors on refuse collection or on potholes on Newark’s roads. I rarely hear them ask me their views on foreign policy. Does my right hon. Friend agree that foreign policy is set by the Foreign Secretary and by the Government and should be debated in this House—not by our town halls—so we should all support the Government’s action against boycotts and sanctions?

[Mr Hammond]

I am grateful to my hon. Friend. One of my colleagues has just reminded me that my hon. Friend is not the only one who pounded the pavements of Newark. I think everyone on these Benches did so. Yes, foreign policy is, of course, a matter for the Government of the United Kingdom, and it is the business of this Parliament. It is very important that we have a single foreign policy, which is clearly projected so that Britain’s position in the world is understood and strengthened.

[Several hon. Members rose—]

[Richard Burden (Birmingham, Northfield) (Lab)]

May I press the Foreign Secretary further on the answer he gave to my hon. Friend the Member for Sheffield South East (Mr Betts)? Is there anything in World Trade Organisation or other rules that fetters a public institution’s ability to act on the advice that the FCO puts on its website, which my hon. Friend quoted?

[Mr Hammond]

Public bodies in this country are bound by the EU procurement directive in their purchasing activity and must follow those rules.

[Several hon. Members rose—]

Jordanian Public Security Department: Gifting of Equipment

Lord Hammond of Runnymede Excerpts

Tuesday 2nd February 2016 Written Statements

[The Secretary of State for Foreign and Commonwealth Affairs (Mr Philip Hammond)]

It is the normal practice when a Government Department proposes to make a gift of a value exceeding £300,000, for the Department concerned to present to the House of Commons a minute giving particulars of the gift and explaining the circumstances; and to refrain from making the gift until 14 parliamentary sitting days after the issue of the minute, except in cases of special urgency.

Jordan faces growing internal and external threats to its immediate stability and security as well as longer-term risks of instability. Conflict in the region, particularly in Syria, has the potential to spill over into Jordan, which is an active partner in the fight against Daesh. As host to around 630,000 registered refugees from Syria, Jordan is at the forefront of the humanitarian response, but this has placed huge pressure on public services and increased tensions between refugees and host communities.

The UK remains firmly committed to Jordan’s stability and in supporting the Jordanian authorities to minimise contagion from the Syrian conflict. Building on work carried out over the past 18 months, we aim to contribute to increasing public and community safety and security by enhancing the delivery of effective policing in the refugee camps.

We intend to gift a package of £352,993.99 of radios and communication equipment to support the Syrian refugee affairs directorate of the Jordanian Public Security Department. The radio equipment provided will improve the radio coverage in Za’atari and Azraq refugee camps, allowing for effective police management of the camp. The proposed gift will be funded by the Government’s conflict, stability and security fund (CSSF) programme.

The proposed gift has been scrutinised to ensure that it is consistent with export controls under the consolidated EU and national arms export licensing criteria and complies with our international obligations. The proposed gift has also been scrutinised and approved by a senior, cross-Whitehall CSSF approval board, which has confirmed that it fits with the Government’s strategic and delivery objectives. Foreign and Commonwealth Office officials have assessed the project for human rights risks, using the overseas security and justice assistance guidelines established by the Foreign Secretary in 2011.

The Treasury has approved the proposal in principle. If, during the period of 14 parliamentary sitting days beginning on the date on which this minute was laid before the House of Commons, a Member signifies an objection by giving notice of a parliamentary question or a motion relating to the minute, or by otherwise raising the matter in the House, final approval of the gift will be withheld pending an examination of the objection.

[HCWS505]

Magna Carta Fund for Human Rights and Democracy 2016-17

Lord Hammond of Runnymede Excerpts

Tuesday 19th January 2016 Written Statements

[The Secretary of State for Foreign and Commonwealth Affairs (Mr Philip Hammond)]

On 18 January, the Foreign and Commonwealth Office (FCO) launched a bidding round for the 2016-17 Magna Carta Fund for Human Rights and Democracy (MCFHRD), doubling (to £10.6 million) a fund known last year as the Human Rights and Democracy Programme (HRDP).

The Magna Carta Fund is the FCO’s strategic programme dedicated to human rights and democracy work. It aims to further British interests overseas by supporting high-impact projects which promote institution-building, and target systemic issues and the underlying causes of human rights problems. The increased size of the fund reflects the Government’s strong commitment to human rights and focus on strategic interventions which prevent their violation. It will play an important role in helping to meet objectives set out in the 2015 strategic defence and security review, to prevent conflict, strengthen the rule-based international system and promote human rights, good governance and the rule of law.

The programme has been reconfigured around manifesto commitments and three broad themes, which exploit the mutually reinforcing nature of human rights and effective institutions. The new strategy (published in full at: https://www.gov.uk/human-rights-and-democracy-programme) invites proposals that support:

democratic values and the rule of law;

the rules-based international order; and

human rights for a stable world.

This approach encompasses our previous eight thematic priorities, but allows British embassies, high commissions and implementers around the world the flexibility to address the issues that matter most in the local context and to respond to developments. Over the course of this Parliament the programme aims to amass evidence that human rights provide practical solutions to a wide variety of real-world problems, and are integral to the security and prosperity of all.

[HCWS473]

Iran: Implementation Day

Lord Hammond of Runnymede Excerpts

Tuesday 19th January 2016 Written Statements

[The Secretary of State for Foreign and Commonwealth Affairs (Mr Philip Hammond)]

On 15 July 2015, I made a statement to this House on the outcome of the nuclear negotiations with Iran, Official Report, columns 895-896. Almost exactly six months later, I would like to take this opportunity to update the House about reaching implementation day of the joint comprehensive plan of action, or JCPoA.

On 16 January the International Atomic Energy Agency (IAEA) verified that Iran has completed all of the steps required of it under annex V of the JCPoA in order to trigger phased sanctions relief. To reach this point Iran has: shipped out over 12 tonnes of enriched uranium to Russia, thus significantly reducing its stockpile to below 300 kg; removed over 13,000 centrifuges and associated infrastructure; and removed and made inoperable the core of the Arak plutonium reactor among other actions, a detailed list of which is included within the IAEA’s report. Implementation gives the IAEA unprecedented access to sites in Iran, so that Iran’s civil nuclear programme will operate transparently.

In return, these measures have triggered the first phase of significant UN, EU and US sanctions relief. This will begin to improve many of Iran’s commercial relations, enabling it to trade with the world and benefit economically. There will be significant opportunities for British businesses and the Government are assisting them in identifying how to benefit from these. Restrictions remain in place to prevent proliferation, and Iran’s ballistic missile programme and arms sales also continue to be sanctioned.

Under the JCPoA, Iran is required to take further steps in order to trigger additional sanctions relief. Only after a further eight years, or when the IAEA reaches its broader conclusion about Iran’s nuclear programme, will the remaining sanctions on Iran be lifted. We will continue to work, with our partners in the joint commission, to ensure that any concerns about the implementation of the deal are appropriately addressed.

Reaching this point is an important step in improving global security. I told the House in July that the threat of an Iranian bomb was removed. Implementation of the JCPoA cements this achievement. I shall continue to inform the House of significant developments on the JCPoA throughout this Parliament.

[HCWS472]

North Korean Nuclear Test

Lord Hammond of Runnymede Excerpts

Wednesday 13th January 2016 Written Statements

[The Secretary of State for Foreign and Commonwealth Affairs (Mr Philip Hammond)]

At 0400 GMT on 6 January North Korean state media claimed that it had successfully conducted its first hydrogen bomb test at 0130 GMT. The Comprehensive Test-Ban Treaty Organisation reported seismic signatures with a magnitude of 4.85, consistent with previous North Korean nuclear tests. We assess that the size of the seismic event caused by the nuclear test, while indicative of a nuclear explosion, is not indicative of the successful test of a thermonuclear weapon (also known as a hydrogen bomb); however this nuclear test is a serious violation of UN Security Council resolutions 1718, 1874, 2087 and 2094. North Korea’s nuclear and ballistic missile programme poses a significant threat to international security and regional stability. North Korea’s repeated provocations hinder the prospects for lasting peace on the Korean peninsula.

On 6 January I issued a statement strongly condemning the nuclear test as a grave breach of UN Security Council resolutions. While travelling in the region last week I spoke to my South Korean, Japanese and Chinese counterparts about the international response. I have also spoken to the US Secretary of State. The Minister of State for Foreign and Commonwealth Affairs, my right hon. Friend the Member for East Devon (Mr Swire), summoned the North Korean Ambassador to the Foreign and Commonwealth Office on 7 January in order to underline, in the strongest terms, the UK’s firm condemnation of this nuclear test and to make clear to North Korea that it can either engage constructively with the international community, or face increasing isolation and further action by the international community.

We worked to secure, and strongly support, the UN Security Council’s swift condemnation of this nuclear test in its statement following its emergency meeting on 6 January. The Security Council agreed that this North Korean nuclear test was a clear violation of existing Security Council resolutions; and that there should be a robust response including immediate work on further significant measures in a new Security Council resolution.

The UK remains deeply concerned by North Korea’s continued development of its nuclear and ballistic missile programmes. We continue to urge North Korea to return to credible and authentic multilateral talks on its nuclear programme, to abide by its obligations under the Nuclear Non-Proliferation Treaty, and to permit full access by the International Atomic Energy Agency.

[HCWS464]

Oral Answers to Questions

Lord Hammond of Runnymede Excerpts

Tuesday 12th January 2016 Commons Chamber

[Damian Green (Ashford) (Con)]

14. What progress has been made on negotiations to reform the EU and the UK's relationship with it.

[The Secretary of State for Foreign and Commonwealth Affairs (Mr Philip Hammond)]

Before I answer, let me take a few seconds to update the House on the breaking news from Istanbul, where an explosion has occurred in the Sultanahmet area, killing at least 10 people, with many more injured. This is a tourist area of the city and we already know that some tourists are involved in this incident. We are seeking to verify whether any British nationals are involved, and if we get any news on that in the course of the next hour, I will update the House accordingly. In the meantime, I offer my sympathies to the victims, their families and everyone else affected by the attack. [Hon. Members: “Hear, hear.”]

The Government are negotiating reform of the European Union and a new relationship for Britain with the European Union to fix the aspects of our membership that cause so much frustration in Britain. Following a substantive and constructive discussion at the December European Council, member states agreed to work towards mutually satisfactory solutions at the February European Council.

[Angela Rayner]

I echo the Secretary of State’s sentiments regarding the situation in Istanbul. Does he accept that the Government’s failing negotiations will put at risk British jobs, employments rights, opportunities for my constituents to work abroad and ultimately the economic growth that the Government have promised? If the Prime Minister is getting nowhere in these talks, how on earth will he get on in the negotiation that he is really thinking about—the one with his own Back Benchers?

[Mr Hammond]

On the contrary—a successful negotiation will set the EU on a clear course to create jobs and economic growth and to ensure Europe’s competitiveness in the future, and a referendum settling the question of Britain’s membership of a reformed European Union for the future will allow Britain to exploit to the full the opportunities that membership of such a Union will offer.

[Mr Hanson]

The letter of 10 November is clear. It is also clear that whatever the outcome of the discussions on that letter, none of the situations set out in that letter are deal-breakers for the Prime Minister. At the end of the day he will recommend a yes vote and a referendum. Why does he not get on and do it now, set a date, face up to his Back Benchers and promote the European Union for the good of Britain?

[Mr Hammond]

The Prime Minister has been clear throughout that once we have an agreed deal, he will make a recommendation based on his assessment of the best interests of Britain. That is what drives him; that is what will determine the recommendation he makes.

[Mr Nuttall]

Many people are suspicious about the seriousness of this renegotiation when three of the so-called demands were accepted without any negotiation at all. Why, for example, did the Government bother to ask for a cut in red tape and for more competitiveness when the European Council has made it clear—in European Council after European Council in recent years—that that is exactly what it intended to do anyway?

[Mr Hammond]

It is true that we have seen, particularly under the present Commission, some very welcome moves to address some of the measures that make the European Union increasingly uncompetitive in the global market. But we are not seeking to get a political fix by one Commission: we are looking for an institutional restructuring that cements these arrangements for the future to ensure that the direction of travel remains one that the British people can be comfortable with and that will benefit the British economy and this country for the future. That is what we are going to do.

[Damian Green]

All four of the Prime Minister’s demands in these negotiations are important, but making sure that we as a country continue to enjoy the full benefits of the single market without being a member of the eurozone is clearly vital for millions of British jobs. Does my right hon. Friend agree that this is the key area for measuring the success of the negotiations, and can he update us on progress on that?

[Mr Hammond]

My right hon. Friend will know, and opinion polling shows, that many people in this country regard the question of migration and access to welfare benefits as the key area, but my right hon. Friend makes an extremely important point. All our European Union partners, inside the eurozone and outside, recognise that that issue has to be addressed. As the eurozone integrates, as we believe it will have to do to be a success—and we very much want it to be a success—the interests of those European Union members not inside the eurozone must be protected. Only if we can be confident that those interests will be protected can we welcome the integration of the eurozone countries to protect their interests and the interests of the euro in a way that will not damage ours. So I agree that it is an absolutely vital area.

[Alex Salmond (Gordon) (SNP)]

The thoughts of everyone on these Benches will obviously be with those caught up in the incident in Istanbul.

As I understand it, the Prime Minister has called for a “united, harmonious and mutually respectful” debate within the Conservative party on the issue of Europe. In a united, harmonious and mutually respectful way, may I ask the Foreign Secretary to confirm that a referendum could not be held within six weeks of the date of the Scottish, Northern Irish, London and Welsh elections? If it were, that would be disrespectful to both the decision of this House and the people engaging in those elections.

[Mr Hammond]

As the right hon. Gentleman knows, that is not what the Bill provides for. But given the timescales involved and the fact that we now expect the conclusion to be reached at the February European Council, I think he can be confident that it will not be possible to hold a referendum before the date of the Scottish elections that he referred to.

[Alex Salmond]

I put it to the Foreign Secretary that if the referendum were held within six weeks after the date of the elections, the two campaign periods would intersect, with all the complications that would arise. Therefore I ask him again: will the date of the referendum be at least six weeks after the date of the Scottish, Welsh and Northern Irish elections?

[Mr Hammond]

What I am trying to convey to the right hon. Gentleman is that that is not what the Bill provides for; the Bill does not place any prohibition on a referendum being held in that period. Ultimately, however, the decision will be made by this House because the date will be decided by a statutory instrument brought before the House.

[Daniel Kawczynski (Shrewsbury and Atcham) (Con)]

I hope that the Foreign Secretary is aware that the overwhelming majority of the 800,000 Poles working in this country have come to work. They pay miles more in income tax than they claim in benefits. Can we get back to real, constitutional renegotiations that affect the sovereignty of this country rather than the fixation of the media on in-work benefits?

[Mr Hammond]

We are elected to, and have to, address the concerns of the British people, and there are four areas on which we need to make progress with our European Union partners. One is migration and access to welfare benefits, but the others—ensuring that the EU is competitive, that there is a proper mechanism for the repatriation of powers to the member states, and that the relationship between the euro and non-euro countries is properly regulated to protect the interests of the non-euro countries—are also very important. I agree with my hon. Friend that we have to make progress on all four.

[Mr John Spellar (Warley) (Lab)]

May I, through the Secretary of State, thank the Europe Minister for meeting an MPs’ delegation yesterday on the plight in Portugal of Paramjeet Singh, and for his efforts to date? As the case in Portugal moves to the political, ministerial stage, will the Foreign Secretary say how our Government hope to take the matter forward?

[Mr Hammond]

We are following the case closely and we have already made the Portuguese authorities aware of Mr Singh’s asylum status in the UK. India has not yet presented Portugal with a formal request for extradition, and as such we are not aware of the full details of the charges that he faces in India. We will continue to monitor Mr Singh’s case and will make a decision on further action when all the facts are available. Ultimately, however, it is the Portuguese authorities that have jurisdiction in Mr Singh’s case and will decide whether or not to extradite him to India.

[Mark Field (Cities of London and Westminster) (Con)]

One area not raised in the letter of 10 November was that of national security. Would the Foreign Secretary like to tell us a little about that issue and how important ensuring that proper national security is maintained will be in relation to our remaining a member of the European Union?

[Mr Hammond]

As my right hon. Friend knows, national security is reserved to the member states and we regard it as very important that that should remain the case. However, there is a tension because national security interacts with many other agendas where the European Union does have competence—for example, around the regulation of telecommunications. Ensuring that that balance is maintained correctly, and that the crucial national security interests of the member states cannot be interfered with by the European Union, remains one of our priorities in the negotiations.

[Pat Glass (North West Durham) (Lab)]

May I first thank the Secretary of State for the update on the situation in Istanbul? Of course, our thoughts are with anyone caught up in this awful situation.

Those campaigning to leave the European Union have made much of the unrealistic argument that Britain can simply walk away and magically retain trade agreements that are in place precisely because we are a member of the EU. What assessment has the Secretary of State made of the impact on British industry and British business of Britain having no say in future EU regulations that we will almost invariably be required to comply with? In other words, what will “out” look like for British industry and British jobs?

[Mr Hammond]

Let me first welcome the hon. Lady to her position on the Front Bench. Indeed, let me welcome all the new members of Labour’s Front Bench team, across the party. Let me also pay tribute to the former shadow Minister for Europe, the right hon. Member for Wolverhampton South East (Mr McFadden). It is a sad indictment of today’s Labour party that people get sacked for refusing to excuse the actions of terrorists who murder innocent people and threaten our way of life.

We are clear that Britain benefits from access to the single market. If Britain voted to leave the European Union, we could not be guaranteed continued access to the single market. Britain benefits from the free trade agreements that have been negotiated by the European Union with third countries. We could not guarantee that renegotiating such agreements with the United Kingdom would be a priority for all those third countries if we were outside the European Union. But in the end, this is a balancing act. A proper calculation has to be made between the costs and the benefits of membership. What we are trying to do in this negotiation is decisively to alter the balance in favour of British membership so that we can convince the British people that that is the right future for Britain.

[Oliver Dowden (Hertsmere) (Con)]

3. What recent representations he has made to the Iranian Government on the case of Mr Kamal Foroughi.

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[Victoria Prentis (Banbury) (Con)]

4. What diplomatic support the Government are providing to the countries surrounding Syria to help displaced people.

[The Secretary of State for Foreign and Commonwealth Affairs (Mr Philip Hammond)]

The UK has provided £559 million to help the 4.6 million Syrian refugees in neighbouring countries. I will visit Turkey later this week, and my right hon. Friend the Secretary of State for International Development will visit Jordan and Lebanon, in both cases to discuss the conference on supporting Syria and the region that we will co-host with Kuwait, Germany, Norway and the United Nations in London early next month. The purpose of that conference is to secure significantly greater international support for Syria and for the refugee host countries.

[Victoria Prentis]

Does my right hon. Friend agree that the UK can be proud of the response to the UN appeal for aid for those suffering in Syria? That includes, if I may say so with you in the Chair, Mr Speaker, the response of many Members of this House, including you, to my own Singing for Syrians initiative—

[Victoria Prentis]

I will not give the House a song, but I might be able to give the final figure at some time in the next few weeks.

Does my right hon. Friend agree that other countries should follow our lead?

[Mr Hammond]

Yes, and I very much welcome my hon. Friend’s Singing for Syrians initiative. That and initiatives like it show an extraordinary solidarity with the Syrian refugees. Yes, other countries should do more. The UK is the second largest donor to the Syrian humanitarian crisis, after the United States. We can be incredibly proud of that record. I am also proud that the Syrian conference we will hold on 4 February will not just ask people to pledge additional money. We will go to the conference with innovative ideas, worked out with the Governments of Jordan and Turkey, to allow refugees proper access to the workplace in their host countries and to healthcare and education in a way that provides holistic support for those refugees, not just a UN handout.

[John Woodcock (Barrow and Furness) (Lab/Co-op)]

Of course, there would be fewer displaced people to Syria’s neighbours if Russia stopped its despicable bombing of civilians. Has the Foreign Secretary had a chance to confirm reports that on Saturday the Syrian Emergency Task Force’s humanitarian headquarters in the city of Idlib were bombed by Russia, and what representations can the UK make on that?

[Mr Hammond]

We make regular representations to the Russians, first about the indiscriminate nature of their bombing, including the bombing of civilian areas, and secondly about the fact that they are still, for the overwhelming majority of their airstrikes, targeting the moderate opposition fighting the Syrian regime, not Daesh.

[Nusrat Ghani (Wealden) (Con)]

Stability in Syria and the region requires the removal of Daesh. Will the Secretary of State join me in congratulating the Iraqi forces on the recent liberation of Ramadi, and when will he hold the next counter-ISIL/Daesh coalition meeting?

[Mr Hammond]

I join in the congratulations to the Iraqi armed forces on their achievement in liberating Ramadi. It is but one step in a challenging process of ridding Syria of the evil of Daesh, but we will support the Iraqi Government and the Iraqi armed forces in that endeavour.

[Ms Tasmina Ahmed-Sheikh (Ochil and South Perthshire) (SNP)]

Yesterday the Secretary of State for International Development confirmed that yesterday marked the first time that food aid could be provided via convoy to the people of Madaya, as agreed with the Syrian regime. I have read newspaper reports today that there was a food aid delivery last October. Could the Foreign Secretary confirm the number of occasions the United Nations has requested humanitarian aid from the UK Government in relation to Madaya and how many times we have responded positively to such a request?

[Mr Hammond]

My right hon. Friend the Secretary of State for International Development made a statement on that issue yesterday. The specific question asked is properly an issue for her Department, so I will ask her to write to the hon. Lady. What I can say to the House is that the use of starvation as a tool of warfare is illegal in international law—it is a breach of international humanitarian law—and we have made that point repeatedly to the Syrian regime and to the Russians.

[Ms Gisela Stuart (Birmingham, Edgbaston) (Lab)]

There are currently some 16,000 refugees on the Syrian side of the Jordanian border, and Jordan has offered to help with their dispersal. Could the Foreign Secretary update us on what support we are giving to the Jordanians?

[Mr Hammond]

We are helping and supporting the Jordanians with the Zaatari refugee camp. As I have said, my right hon. Friend the Secretary of State for International Development will be in Jordan later this week, discussing that, among other issues. There has been an upsurge in fighting in the southern area of Syria, with Syrian Government troops, supported by Russian airstrikes, becoming active in a part of the theatre that has been quiet for quite a long time. That is deeply destabilising for Jordan and puts at risk the possibility of supporting the refugees to whom the right hon. Lady refers.

[Jason McCartney (Colne Valley) (Con)]

5. What recent assessment he has made of the political situation in Ukraine and the prospects for full implementation of the Minsk agreements.

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[Craig Williams (Cardiff North) (Con)]

8. What recent assessment he has made of the strength of diplomatic and economic relations between China and the UK.

[The Secretary of State for Foreign and Commonwealth Affairs (Mr Philip Hammond)]

Our diplomatic and economic relationships with China are stronger than ever. Last year’s state visit by President Xi Jinping delivered substantial benefits for the UK economy and established a new global partnership. Last week in Beijing I launched a new visa service to boost tourism and business, announced plans to build a new embassy to better serve our interests and reflect the level of our bilateral relationship, and reaffirmed the common approach with a common statement on the Syria crisis. Those are all achievements.

[Craig Williams]

I welcome my right hon. Friend’s recent visit to China. Does he agree that with China set to become the world’s largest economy in the first half of the century we should be using every opportunity to boost our exports to the Chinese market of 1.3 billion people to help secure jobs in my constituency and across the United Kingdom?

[Mr Hammond]

China is a vital trade partner. It is also an important investment partner, with a huge willingness to invest in UK infrastructure and a huge ability to absorb investment by UK companies in China. Our relationship with China is about more than just trade and investment, however. As the relationship grows, we will have increasing opportunities to engage with the Chinese on other key interests and to make our voice heard.

[Ms Margaret Ritchie (South Down) (SDLP)]

What opportunities will arise for those who wish to export food produce from the United Kingdom to China? What further discussions have taken place with the Secretary of State for Environment, Food and Rural Affairs, following her visit to that country in November?

[Mr Hammond]

The hon. Lady puts her finger on a very topical subject. I discussed it again with the Chinese Foreign Minister during my visit. We look forward to Chinese customers being able to buy excellent British beef and lamb in their supermarkets in the very near future. The Chinese have assured us that they will make progress towards the necessary regulatory amendments to allow that to happen.

[Richard Graham (Gloucester) (Con)]

Our strategic partnership with China is incredibly important, not least to trade and investment. My right hon. Friend will know that the all-party group I chair has promised to help 50 parliamentarians organise China seminars in their constituencies during this Parliament. Upholding the rule of law is also important, particularly to British business confidence in Hong Kong at the moment. Will my right hon. Friend update the House on the disappearance of British citizen Mr Lee Bo?

[Mr Hammond]

Yes. My hon. Friend is absolutely right that a proper rule of law system is vital for the economic, as well as the social, development of China. The Chinese Communist party is committed to implementing the full rule of law in China by 2020 and we are committed to supporting it in that endeavour. On the question of Mr Lee Bo, I raised the case with the Chinese Foreign Minister last week. The joint declaration and the basic law are clear that law enforcement in Hong Kong is a matter for the Hong Kong authorities, and that offences committed in Hong Kong should be tried in Hong Kong courts. As I said while I was in Beijing, if it turns out, as some have speculated, that Chinese state security entities have spirited Mr Bo out of Hong Kong, that would be an egregious breach of the basic law of the joint declaration, and of the principle of one country, two systems, which we very much support.

[Angela Smith (Penistone and Stocksbridge) (Lab)]

It is of course right for the Government to pursue a stronger relationship with China, but it is also true that they should tackle unfair trading practices when they come across them. Will the Secretary of State update the House on the contribution he is making to tackle the Chinese Government over the unfair dumping of Chinese steel imports on the UK market?

[Mr Hammond]

The hon. Lady is absolutely right. We raised this issue with President Xi when he was here in October. We were given a commitment that China intends to address its overproduction of steel. The problem is not only China, of course; this is a global problem. The Chinese said they were going to close some of their more polluting steel plants. I pressed them on that in Beijing last week and emphasised to them that it is through the prism of steel that their claims to be treated as a market economy are likely to be judged in the European Union. If they want a fair hearing on market economy status, they must address the steel issue. It is in their interests to do so.

[Catherine West (Hornsey and Wood Green) (Lab)]

I congratulate the Secretary of State on the common statement, between the UK and China, on Syria. What action will he take to express concern at recent reports that Chinese police have arrested worker activists in the manufacturing centre of Guangdong? Does he agree that the current crackdown on labour rights NGOs in China does nothing to calm jitters in the context of the current economic downturn?

[Mr Hammond]

Regrettably, such incidents do occur in China, but we have a forum for raising concerns, through a formal human rights dialogue with China. We expect the next human rights summit to be in March or April, and we have a list of issues we will raise with the Chinese, including the question of how they operate around labour activists.

[Mr Speaker]

I always used to wonder why Foreign Office questions took longer. A senior Clerk said to me, “Mr Speaker, the reason they tend to take longer is that Ministers, perhaps understandably, feel they are addressing not merely the House but the world.” I think that probably explains it, but I would like to make a bit of progress.

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[Stephen Phillips (Sleaford and North Hykeham) (Con)]

T1. If he will make a statement on his departmental responsibilities.

[The Secretary of State for Foreign and Commonwealth Affairs (Mr Philip Hammond)]

I am very happy to update the entire universe on my priorities for 2016. They remain: Syria and the EU negotiation. Our priority in Syria includes humanitarian support focused on the London conference on 4 February, working through the Vienna process to achieve a negotiated political settlement to the civil war and continuing coalition military action against Daesh. In 2016, we will also seek to conclude our renegotiation of Britain’s relationship with the European Union, and then hold the referendum that the Conservative party promised at the general election and that this Conservative Government will deliver.

May I update the House? While we have been sitting, President Erdogan has confirmed that the attack in Istanbul was an attack by a Syrian suicide bomber and an act of terrorism.

[Stephen Phillips]

I am grateful for that update, and I am sure that the whole House will be thinking of events in Istanbul this morning.

There were two bombings and a series of killings last week in Bujumbura. Given the failure of the latest round of talks in Arusha to resolve the ongoing conflict in Burundi and the increased risk of civil war—and, potentially, genocide—will my right hon. Friend update us on the present position and on the steps that the Government propose to take with the United States and our other allies to facilitate a peaceful solution in this part of Africa?

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[Hilary Benn (Leeds Central) (Lab)]

All our thoughts are with those killed and injured in what the Foreign Secretary has just reported as a terrorist attack in Istanbul.

The conflict in Yemen between the Houthis and the Saudi-led coalition has so far claimed over 7,000 lives and created, in the words of the UN Humanitarian Co-ordinator, Johannes van der Klaauw, a “humanitarian catastrophe”, with more than 2.5 million people internally displaced and 7.5 million people without enough food. Last week, Sky News reported that six British personnel are advising the Saudis on targeting in connection with the conflict. Will the Foreign Secretary tell us exactly what assistance these individuals are giving, and, if it is related to targeting, whether they have reported any potential breaches of international humanitarian law?

[Mr Philip Hammond]

The right hon. Gentleman is absolutely right. I cannot tell him whether it is six people, but we do have a military presence in Saudi Arabia, and we are working with the Saudi Arabians to ensure the following of correct procedures to avoid breaches of international humanitarian law—to ensure that target sets are correctly identified and processes correctly followed and that only legitimate military targets are struck. It is important that we ensure Saudi Arabia has that capability.

We also use the personnel who are present as a quick check—it can only be a quick first check—when we receive reports, as we have recently, of breaches of international humanitarian law that would, for example, involve the deliberate striking of civilian targets. So far, in every case, our people on the ground have reported that there is no evidence of deliberate breaches of international humanitarian law.

[Hilary Benn]

Last week, the Minister of State told the House that he wanted to see “genuine intelligence evidence”. However, we know that human rights organisations have already reported what they regard as potential breaches. For instance, a hospital supported by Médecins Sans Frontières in northern Yemen was hit by a missile recently, and another MSF hospital in Sadaa was destroyed last October.

In the light of those reports, and given that the Government’s own policy is not to grant arms export licences if

“there is a clear risk that the items might be used in the commission of a serious violation of IHL”

—international humanitarian law—will the Foreign Secretary launch an immediate review of arms export licences for Saudi Arabia relating to the use of British-supplied weapons?

[Mr Hammond]

We need to be careful here. The MSF hospital attack in Sadaa is still being investigated, but so far there is no evidence that it was hit by a missile, although it clearly came under attack. We are looking urgently at the situation on the ground.

We have a very robust export licensing process. There is a series of questions against which any export licence application must be tested, and we apply it rigorously. When a conflict is under way, whether we are talking about Yemen today or Operation Protective Edge in Gaza in the summer of 2014, we take particular care to apply the criteria diligently. That is what has been done, and that is what will be done in relation to any future arms licensing applications that are received.

[Alok Sharma (Reading West) (Con)]

T3. My former constituent Ahmad Zeidan, who is a British national, is currently serving a nine-year custodial sentence in the United Arab Emirates. Mr Zeidan’s family have informed me that, while in prison, he has been subjected to brutal beatings and threats of physical and sexual violence by police officers. Mr Zeidan maintains that he is innocent, and that he was coerced into signing a confession written in Arabic, a language that he cannot read. Will the Minister meet me, and representatives of Mr Zeidan’s family, to see what can be done to help secure his early release?

[Mrs Louise Ellman (Liverpool, Riverside) (Lab/Co-op)]

T2. What representations has the Foreign Secretary made about the Baha’i, who continue to be persecuted in Iran?

[Mr Philip Hammond]

In our meetings—including meetings held during my visit to Iran last August, and my subsequent meetings with Foreign Minister Zarif, whom I see fairly often because he is involved in the International Syria Support Group—we regularly raise the issue of the persecution of minorities in Iran, which is one of many human rights concerns that we have about that country.

[Alex Chalk (Cheltenham) (Con)]

T4. Given the appalling suffering that Ebola caused in 2014 and 2015, what steps is the United Kingdom taking to ensure that it is permanently addressed in west Africa?

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[Nusrat Ghani (Wealden) (Con)]

T5. Increased diplomatic and political co-operation is vital in settling international and regional disputes in the Asia-Pacific region. What steps are the Government taking to progress the strategic partnership between Japan and the UK?

[Mr Philip Hammond]

I am grateful to my hon. Friend for her question. Fortuitously, I was in Japan on Friday conducting a strategic dialogue with my Japanese counterpart. The strategic defence and security review published last autumn identified Japan as Britain’s principal security partner in Asia. That will continue to be the case and we are building that security partnership while strengthening our trade and investment partnership.

[Wes Streeting (Ilford North) (Lab)]

T8. Ahead of his visit to Sri Lanka shortly, will the Minister give an undertaking to the House to raise with the Sri Lankan Government, notwithstanding the progress they are making, the recent allegations of human rights abuses, the demilitarisation of the north, political detainees and, crucially, the international involvement of judges and prosecutors to give everyone the confidence we need that people will be brought to justice for human rights violations and war crimes?

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[Emma Reynolds (Wolverhampton North East) (Lab)]

Does the Foreign Secretary think it would be in the UK’s national interest to have the “fax democracy” of Norway, whereby we would be sent the rules and regulations of the single market, abide by the freedom of movement principle, and pay into the EU budget but have no seat around the negotiating table?

[Mr Philip Hammond]

That model has never seemed very attractive to me. Some people have talked about the Norwegian model in the domestic debate here, but perhaps they have failed to understand how it works. As the hon. Lady has just said, it involves accepting all the rules and paying all the subs but getting no vote and no seat at the table. That does not look like a good plan to me.

[Michael Fabricant (Lichfield) (Con)]

Birmingham airport has recently initiated regular flights to China, but France, Holland and Germany all have more such flights than the United Kingdom. What can the Secretary of State do with the Department for Business, Innovation and Skills and the Department for Transport to encourage more regular flights to China in order to promote trade and tourism?

[Mr Hammond]

My hon. Friend did not mention airport capacity in the south-east, but it is of course intimately linked with his question. As he will know, the Government are now urgently carrying out further studies around the Davies report on airport capacity in the south-east and we will make a decision as soon as possible on that matter.

[Joan Ryan (Enfield North) (Lab)]

On new year’s day, Nashat Melhem murdered two Israelis in a bar in Tel Aviv and wounded eight others. He then killed a taxi driver, a Bedouin Israeli, while escaping. He himself was killed a week later in a shoot-out with the police. The Palestinian Authority’s Ministry of Health has described him as

“one of the dearest martyrs”,

and the Fatah Facebook page has commented:

“Congratulations and may Allah receive you in Heaven”.

What pressure will the Government bring to bear on the Palestinian Authority to ensure that this kind of encouragement to violence is stopped?

Gifting of equipment: Lebanese Armed Forces

Lord Hammond of Runnymede Excerpts

Tuesday 12th January 2016 Written Statements

[The Secretary of State for Foreign and Commonwealth Affairs (Mr Philip Hammond)]

It is the normal practice when a Government Department proposes to make a gift of a value exceeding £300,000 for the Department concerned to present to the House of Commons a minute giving particulars of the gift and explaining the circumstances; and to refrain from making the gift until 14 parliamentary sitting days after the issue of the minute, except in cases of special urgency.

The crisis in Syria is having a direct effect on its neighbours, particularly in areas adjacent to Lebanon’s eastern border. The UK remains firmly committed to Lebanon’s stability, and in supporting the Lebanese armed forces (LAF) to minimise contagion from the Syrian conflict, and to combat the spread of Daesh. As part of this commitment, since 2012, the UK has been assisting the LAF, through the rapid land border security assistance project, to establish and mentor the LAF land border regiments (LBRs). The mission of the LBRs is to observe, identify, deter and deny activities by illegal armed actors in the near border areas, in line with agreed international human rights standards. Between 2012 and 2015 around £26 million of conflict pool and conflict security stability funds were allocated to provide observation, protection, mobility and communications equipment to 1, 2, and 3 LBRs, and to establish the lead elements of a 4th LBR, as well as a programme of training and mentoring.

The command element of 4LBR has been established, and 4LBR is preparing its deployment plan to cover the remaining 25% of the borders with Syria from Arsal to Masnaa. Recent actions in the Arsal area, and the threat that Daesh poses to UK interests, make it imperative that the LAF completes the expansion of the LBRs southwards, as part of an overall strategy to bring the entire eastern border with Syria back under the authority of the state.

Subject to assessment under the consolidated EU and national arms export licensing criteria, we intend to gift a package of £967,450.00 of personal protection equipment to start the establishment of the 4th Land Border Regiment of the Lebanese armed forces. The proposed gift will be funded by the Government’s conflict, security and stability fund and will consist of the following UK sourced equipment:

Personal Protective Equipment—£967,450.00.

The proposed gift is being scrutinised to ensure that it is consistent with export controls and complies with our international obligations. The proposed gift has been scrutinised and approved by a senior, cross-Whitehall Conflict, Stability and Security Fund (CSSF) Approval Board, which has confirmed that it fits with the Government’s strategic and delivery objectives. Foreign and Commonwealth Office officials also assessed the project for human rights risks, using the overseas security and justice assistance guidelines established by the Foreign Secretary in 2011.

The Treasury has approved the proposal in principle. If, during the period of 14 parliamentary sitting days beginning on the date on which this minute was laid before the House of Commons, a Member signifies an objection by giving notice of a parliamentary question or a motion relating to the minute, or by otherwise raising the matter in the House, final approval of the gift will be withheld pending an examination of the objection.

[HCWS463]