Oral Answers to Questions
Debate between Alistair Carmichael and Dominic Raab(1 year, 1 month ago)
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Mr Alistair Carmichael (Orkney and Shetland) (LD)
The Lord Chancellor and Secretary of State for Justice (Dominic Raab)
Our Bill of Rights will envisage us remaining a state party to the ECHR and fully availing ourselves of the margin of appreciation to restore some common sense to our human rights regime.
Mr Carmichael
May I take the Secretary of State back to his answer to the hon. Member for West Dunbartonshire (Martin Docherty-Hughes)? If he is not ruling out ever leaving the convention, is he then not ruling out ever breaking the Good Friday agreement?
Dominic Raab
We are absolutely committed to the Good Friday agreement and the stability of Northern Ireland, which is why the efforts of the Secretary of State for Northern Ireland and the Prime Minister are so important.
Bill of Rights
Debate between Alistair Carmichael and Dominic Raab(1 year, 10 months ago)
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The Deputy Prime Minister
I understand my hon. Friend’s point. Of course, we need to have proper accountability when anything goes wrong. The professionalism of our armed forces is second to none, but mistakes can happen and there needs to be accountability. The reality is that we have the international law of armed conflict, which is designed to do that. It has been unhelpful, and indeed has created legal uncertainty, to layer an extra tier of human rights obligations on top of that. It has created uncertainty as to the state of the law, and huge uncertainty for our armed forces. We will make sure that there is the accountability that she seeks, but we will also deal with the extraterritorial jurisdiction, which, frankly, has encouraged litigation and many spurious claims, as well as the ones that she mentioned.
Mr Alistair Carmichael (Orkney and Shetland) (LD)
Paragraph 2 of the human rights chapter of the Good Friday agreement provides that
“The British Government will complete incorporation into Northern Ireland law of the European Convention on Human Rights…with direct access to the courts, and remedies for breach of the Convention”.
Can the Justice Secretary tell the House whether the Bill constitutes a unilateral repudiation of that, or is that something that he has negotiated with the Government of Ireland?
The Deputy Prime Minister
The right hon. Gentleman is wrong, although he is right to reference the Belfast agreement. We remain a state party to the convention. Not only that, but the ECHR remains incorporated into UK law through the schedule. [Interruption.] He is chuntering from a sedentary position; I genuinely enjoy debating these issues, as we have on many occasions. If he reads the Bill, I will be very happy to address any other questions he has.
Oral Answers to Questions
Debate between Alistair Carmichael and Dominic Raab(2 years, 1 month ago)
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The Deputy Prime Minister
My hon. Friend is absolutely right. We will keep the focus on Afghanistan and the many other conflicts around the world that need our support. That particular conference will provide specific support for girls to access education, which is a long-standing priority of the Prime Minister. We have doubled our humanitarian aid to Afghanistan for the financial year to £286 million.
Mr Alistair Carmichael (Orkney and Shetland) (LD)
The Deputy Prime Minister
The Prime Minister did that on Monday evening, and it is now Wednesday. Yes, he is out in Saudi Arabia to close a £1 billion investment deal that will create 700 jobs in the north in renewable energy. I think the Lib Dems need to keep up.
Oral Answers to Questions
Debate between Alistair Carmichael and Dominic Raab(2 years, 2 months ago)
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Dominic Raab
I thank the hon. Lady, because she raises a good substantive point. We want to strengthen and reinforce the right of free speech, in particular given some of the judge-led privacy law we have, but also some of the encroachments on free speech we have seen in political debate. I think constituents of Members in all parts of the House would recognise the difference between free speech, lawful protest and, frankly, the downright sabotage that we have seen by groups such as Extinction Rebellion, where we are right to legislate to protect the freedoms of others.
Mr Carmichael
This is not new territory for the Secretary of State. He has been around this course. He failed last time of course, because he could only do what he wanted by leaving the European convention on human rights. That is still the situation now, so will it be Government policy that we should follow the human rights example of Belarus in leaving the protections of the convention?
Dominic Raab
We have been around this house a few times. It is precisely because our reforms through a Bill of Rights can make a substantial difference by injecting some common sense without leaving the European convention that we will proceed. I will give one example. I visited HMP Frankland in Durham. It is a high-security category A prison. One of the challenges in dealing with terrorist offenders, particularly those who could infect the minds of others, is the issue of separation centres. We are increasingly seeing litigation claims claiming article 8 as a right to socialise getting in our way. That is a good example for the common-sense approach and the balance we want to have. I am very surprised that the right hon. Gentleman is opposed to it.
Belarus: Interception of Aircraft
Debate between Alistair Carmichael and Dominic Raab(2 years, 11 months ago)
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Urgent Questions are proposed each morning by backbench MPs, and up to two may be selected each day by the Speaker. Chosen Urgent Questions are announced 30 minutes before Parliament sits each day.
Each Urgent Question requires a Government Minister to give a response on the debate topic.
This information is provided by Parallel Parliament and does not comprise part of the offical record
Dominic Raab
My right hon. Friend raises a very important point. First, we will use all the sanctions—all the levers—that we have at our disposal. We are conscious, as we have discussed and as others have said, of the extent of increasing reliance on Russia, but that cannot be a reason for us not to take the action we take. This is unique; I cannot remember as far back as the ’70s there being a1an analogous case. It is very rare. Sometimes actions are taken more through cock-up than conspiracy—sometimes very tragically when aircraft are shot down—but I cannot think of a precedent for this kind of rather calculated and conniving approach, with the MiG jet and the bomb hoax. My right hon. Friend is right to reinforce, as others have done, the deterrent effect of how we respond to this specific, isolated incident.
Mr Alistair Carmichael (Orkney and Shetland) (LD) [V]
I welcome the very robust political and diplomatic stance that the Government are taking, but this case is more than that. This is a potential human tragedy as well, with Roman Protasevich now in detention and possibly ultimately facing the death penalty. I know, having campaigned in different parts of the world, that consular and embassy staff are very effective in the way in which they deploy their resources in supporting people campaigning against the use of the death penalty. Can the Foreign Secretary give me some assurance that everything that can be done to keep this case in the public eye will be done, within the confines of their role in country?
Dominic Raab
I thank the right hon. Gentleman, and I totally agree with him. We must do everything we can to signal that, as outrageous it is what they have already done, it would be a further step into pariah status if the death penalty were to be applied. I thank him for what he said about consular officers. They relate to and provide services to British nationals and dual nationals abroad, but none the less, the broader point he makes about diplomatically keeping the pressure on and doing everything we can to avoid the death penalty is very important in this debate.
Human Rights Update
Debate between Alistair Carmichael and Dominic Raab(3 years ago)
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Dominic Raab
I thank my right hon. Friend. First, may I pay tribute to him for his campaigning efforts in this regard? I know he will feel no small sense of accomplishment today, because has eloquently and powerfully made the case in the House. I will certainly look at any names he has. Of course, we have a clear, specific legal regime, and I and the Government have to assess the evidence based on it, but we should be willing to call out. The action we have taken both today and more generally, with the Magnitsky sanctions regime, shows that we not afraid not just to talk, but to act.
Mr Alistair Carmichael (Orkney and Shetland) (LD) [V]
May I too give a warm welcome to this announcement of these sanctions? They have been long sought and they are welcome now that they have finally arrived. May I say to the Foreign Secretary that while he is on a roll we might possibly see some positive announcement on the Alton amendment later on today, as he has a taste for this? Will he also give urgent consideration to the recent report from the Select Committee on Business, Energy and Industrial Strategy, which came forward with good and constructive suggestions about how to tackle the issue of the use of Uyghur slavery in the supply chain of many goods available in this country, possibly including the eventual linking of that to the disqualification of directors?
Counter-Daesh Update
Debate between Alistair Carmichael and Dominic Raab(3 years, 1 month ago)
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Dominic Raab
My hon. Friend raises an excellent point. Whatever the perverse but romantic ideology Daesh spouts, it relies on cold, hard cash. That is why robbing and depriving it of territory, particularly in Syria, has been so crucial. Yes, we do seek to target the financial lines of credit and other financial support, but it is also important to note that as Daesh has lost territory, it has lost control over oil resources and the people it subjugates, including with illegal taxation, so the territorial aspect is also crucial to the financial objectives.
Mr Alistair Carmichael (Orkney and Shetland) (LD) [V]
The Foreign Secretary is absolutely right that Daesh poses a global threat and we absolutely must not allow it to take root elsewhere. That being the case, does he not agree that it is surely counterproductive to be cutting our aid to Yemen and to be continuing to supply arms to Saudi Arabia for their use in the conflict in Yemen?
Dominic Raab
We are still a world-leading donor in relation to Yemen. We have remained and will remain between third and fifth in terms of the top donors. As the right hon. Gentleman already knows but I am happy to repeat, we have a world-leading export licence regime that makes sure that anything that could be used for illegal purposes cannot be exported.
Xinjiang: Forced Labour
Debate between Alistair Carmichael and Dominic Raab(3 years, 3 months ago)
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Mr Alistair Carmichael (Orkney and Shetland) (LD) [V]
Frustrating though it is for many of us, I understand the Foreign Secretary’s reluctance to engage on the question of genocide, but he will know from his own professional background that the Government have a duty to assess the risk factors of genocide against the Uyghurs in China in order to trigger their duty to prevent. All this came from the International Court of Justice judgment in the case of Bosnia and Herzegovina v. Serbia and Montenegro. He will also know that that obligation crystallises at the moment that a state learns, or should have learned, of the serious risk of genocide. Can he confirm that his Department is making that assessment of the risk factors of genocide, and will he publish its conclusions?
Dominic Raab
The right hon. Gentleman makes an interesting and insightful comment on genocide. Of course, I was in The Hague when the Bosnia judgment was being considered.
The reality is that, in order to secure authoritative assessment and conclusions in relation to those widespread reports, which we think are tenable, plausible and credible, we need access to the camps. In a sense, throughout this statement, we are redefining the question. However, we come back to the point that we need to try to secure access to Xinjiang, and we will not be able to do that without sufficient and widespread pressure on the Chinese Government. The best vehicle for that is an authoritative, independent body or individual entrusted by the United Nations, of which China is a leading member through the Security Council. The UN Office of the High Commissioner for Human Rights seems to me the right place and the right individual to support in that regard.
China
Debate between Alistair Carmichael and Dominic Raab(3 years, 9 months ago)
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Dominic Raab
I thank my right hon. Friend for his support for these measures and for withdrawing his amendments; I appreciate his magnanimity in that regard. On the Magnitsky sanctions, he raises two different issues: their potential application in relation to, first, Hong Kong and, secondly, Xinjiang. We, of course, have a process for gathering all the evidence on those potential cases. The national security legislation is newly enacted, so that will take some time, but he is right to point to that. I have been reading over the weekend reports by Amnesty International in 2019 and 2020 on the range of abuses in Xinjiang, reports by Human Rights Watch between 2018 and 2020 on the mass detention and political indoctrination, and the United Nations Committee on the Elimination of Racial Discrimination report in 2018 on the massive internment camps with no rights. We are looking at this carefully. As he rightly notes, it is important to assess this carefully, and it is a question of not only whether the abuses took place but whether individual responsibility can be ascribed to someone on whom we wish to impose a visa ban or asset freeze.
Mr Alistair Carmichael (Orkney and Shetland) (LD)
It seems wrong to be welcoming a suspension of extradition and exports, but backward steps though these may be, they are necessary, and my party will support them. Never mind the restrictions on exports—when will the Government start looking at the materials that we are importing from China, in particular those manufactured by Hikvision? It is some of the most intrusive surveillance technology to be found anywhere in the world, it is used widely in Xinjiang province, and it is now being purchased and installed by public and private authorities up and down this country. Will the Government look at that in a joined-up way?
On the subject of Xinjiang province, the world is watching, and what we are seeing is horrific. There was the drone footage at the weekend. Last week there was the interception of a shipment of human hair. I know that “genocide” is a term of art in law, and the Foreign Secretary is right to be cautious about its use, but it would make an enormous difference to tackling the issues in Xinjiang province if he would admit from the Dispatch Box that there are a growing number of adminicles of evidence that that is absolutely what is happening.
Dominic Raab
I thank the right hon. Gentleman for his typically focused and well considered remarks, and for his support. In relation to UK regulation and the regime that applies to imports, we have a strong and rigorous scheme in place, and the Department for Business, Energy and Industrial Strategy will of course look at any individual cases that he wishes to raise. We are joined up—he asked about this—via the National Security Council and the other structures in a more closely integrated way, and covid-19 has encouraged that more broadly across the board.
On the definition of genocide, I have worked on war crimes since well before becoming a Member of this House, and the real challenge of it is the question of deliberate intention that is ascribed to it. As important as that is—it does bring with it legal implications that help in respect of accountability—the reality is that it can also distract from the fact that we are increasingly confident that there is a strong case to answer, as the Chinese ambassador was unable to do yesterday on “The Andrew Marr Show”, in respect of systematic human rights abuses. Frankly, the legal label on it is to me secondary to the plight of the victims who are suffering under it.
Global Human Rights Sanctions Regime
Debate between Alistair Carmichael and Dominic Raab(3 years, 9 months ago)
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Dominic Raab
I thank my right hon. Friend. He is absolutely right that, with these regulations and this legislation, there will of course be a whole range of suggestions and proposals from inside this House, from civil society and from non-governmental organisations about potential names. We will, of course, want to ensure that we proceed in a rigorous way. We want it to be based on evidence, but the advantage that we have is that the measures—this is one of the reasons I have always been a fan, champion and supporter of them—allow us to continue to engage bilaterally with countries that, frankly, we need to, while having targeted sanctions, the visa bans and the asset freezes, on the individuals who may be responsible. Where the evidence shows that that is the case, we have the mechanism to deliver that.
Mr Alistair Carmichael (Orkney and Shetland) (LD)
I too thank the Foreign Secretary for advance sight of his statement and congratulate him on what I think will be seen in years to come as a watershed moment in the development of human rights law. He is absolutely right to focus on the most clamant cases that he has listed in early designations today, but I hope that frees up time and resource within the Foreign Office to turn attention towards China, and particularly to those in Hong Kong, for whom sanctions of this sort would appear to be the logical next step.
The Foreign Secretary rightly outlines and refers to the role of the courts in due process and ensuring that proper safeguards are put in place. There is another element, which is the role of this House in that regard. Others have referred to the Select Committees. The one Select Committee we are missing at the moment is the Intelligence and Security Committee. Does he agree that the announcement he has made today, which has been so widely well-received around the House, demands the early constitution of the ISC?
Dominic Raab
I thank the right hon. Gentleman for his support. These measures are important. I am not going to start, without proper appraisal and assessment of the evidence, handing out future designations. What I can tell him is that one of the delays or bits that took time was making sure we have a proper mechanism so that, as he rightly says, we go into a sort of steady state and can assess judiciously and carefully any future candidates for designations, if I may put it like that. He asked about the ISC. We want to see the ISC up and running as soon as possible. Once it is duly constituted, it will have a role in issues such as this.
Hong Kong National Security Legislation
Debate between Alistair Carmichael and Dominic Raab(3 years, 9 months ago)
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Dominic Raab
I thank my hon. Friend and welcome all the work that she has done on human rights. She is right to draw attention to the specific issue of extra- territoriality. It is not clear, given the opaque way in which this is drafted in the national security legislation, how it was intended to be applied. We will take a very close look at it. We keep our travel advice under constant review. I hope that she has had the positive reassurance, given the statement made by 27 members in the UN Human Rights Council, that we are working actively and energetically with all our international partners to be very clear that China must live up to its international obligations when it comes to the people of Hong Kong.
Mr Alistair Carmichael (Orkney and Shetland) (LD)
I thank the Foreign Secretary for advance sight of his statement.
The statement will have been heard not just in this House but in Beijing also. I hope that in hearing it, China understands that the analysis that the Foreign Secretary has laid before the House today is not just the analysis of the Government but of this House as a whole. When we see reports of Hongkongers as young as 15 already being victims of this law, he must surely understand the importance of making sure that no Hongkonger is left behind in relation to the BNO passport arrangements. I very much share his frustration and disappointment that things have reached this point, but surely all countries and all institutions must understand that this is a moment when you have to pick a side: either you can be on the side of, and stand with, Hong Kong and the joint declaration, or you choose to stand with the Chinese Communist party. What will he do to urge the Hongkong and Shanghai Banking Corporation and Standard Chartered bank to reconsider the decision they took in relation to taking sides?
Dominic Raab
I thank the right hon. Gentleman for his judicious remarks, and I certainly welcome the substantive points he made. He talked about the importance of this House, not just the Government, speaking with a united voice. That is exactly what we have had today on the key issue at stake, and I welcome his contribution to that. I also agree that it is heartbreaking to see the scenes in Hong Kong, just hours after the enactment of this national security legislation. We are counselling the Hong Kong authorities and Beijing to step back, but it is clear that, having enacted this legislation, they wish to proceed. We will need to wait to see the precise application and enforcement of this action before deciding some of the measures that we might take next, but these are under active consideration, including with our international partners.
I took the right hon. Gentleman’s point about BNOs. The full details will be set before the House by the Home Secretary, but we are very clear with our commitment to provide a path to citizenship for all eligible BNO-status holders and we will do the right thing by all of them. I have been very clear in relation to HSBC and I will say the same thing in relation to all of the banks. The rights and the freedoms of, and our responsibilities in this country to, the people of Hong Kong should not be sacrificed on the altar of bankers’ bonuses.
Hong Kong National Security Legislation: UK Response
Debate between Alistair Carmichael and Dominic Raab(3 years, 10 months ago)
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Dominic Raab
I thank my right hon. Friend for his excellent questions. I do think Hong Kong is part of a pattern, although it is not a uniform one. He referred to the violation of the UN convention on the law of the sea—I think that is what he was referring to in relation to the South China sea—and we could add cyber-attacks and the treatment of the Uighur Muslims. At every step, the right approach for the United Kingdom, as a matter of principle and also of effectiveness, is to call out behaviour that is contrary to international law on its own terms. In answer to the Chairman of the Select Committee and others, that is how we will build a coalition of like-minded countries to stand firm in the face of such behaviour.
My right hon. Friend asked about BNO passport holders. We have made a commitment, which he has heard today. It is important that we did that as a matter of principle, rather than waiting for others to agree in concept. However, we are already discussing with our partners—I raised it on the Five Eyes call yesterday—the possibility of burden sharing if we see a mass exodus from Hong Kong. I do not think that that is likely in the last analysis, but he is right to raise it, and we are on the case diplomatically.
Mr Alistair Carmichael (Orkney and Shetland) (LD)
May I particularly welcome the commitment in relation to BNO passport holders? The Foreign Secretary has heard me make that plea on many occasions in the past. He will be aware, though, that the BNO offer was closed in 1997, so the announcement today does not offer any protection to those born after that date, who are, by definition, the brave young Hong Kongers who are out there demonstrating on the streets, and who are most vulnerable and in most need of protection. Will he look at what we can do to assist these people?
Dominic Raab
I thank the right hon. Gentleman and pay tribute to him for his long-standing and principled position on this issue; he is absolutely right, and we appreciate all the cross-party support on this. He asked about those who do not qualify for BNO passport status. I would just point out that we are talking about over 300,000 people who do qualify. Of course, he makes a reasonable point about the cut-off date, but that would not apply to dependants. We have set out—based on principle, in the right way—the commitment that we are making but, as others have already mentioned, what will be important is that the international community comes together to ensure that there are options for the wider group to which the right hon. Gentleman refers.
Covid-19
Debate between Alistair Carmichael and Dominic Raab(4 years, 1 month ago)
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Mr Alistair Carmichael (Orkney and Shetland) (LD)
The Foreign Secretary is absolutely right: repatriation is a complex and costly business. But that is surely exactly why it should not just be left to individuals and why there must be a leading role for Government.
Like many MPs, I have had representations this morning from constituents. Some of mine are on holiday in Morocco and now find themselves stranded. The ambassador’s Twitter account is telling them just to go to the airport with their passports and tickets and see what they can fix up when they get there. We realise that the consular services are under stress, but surely at this moment they have to have every possible resource to provide the best possible information for our constituents.
Dominic Raab
I totally agree with the right hon. Gentleman. We are providing the very best support, care and advice. When it comes to repatriations, at the outset we secured 200, I think, who came back from China. We are also working to secure the return of people on the Braemar cruise ship via Havana; it has been the most intense diplomacy I have had with my Cuban opposite number—and hugely welcome, because the Cuban Government have been very co-operative. We will do everything we can.
The situation is very fluid. The decisions being made on the ground in countries such as the one that the right hon. Gentleman mentioned often happen rapidly. The challenge for airlines, the FCO and the consular advice and support that we provide is to make sure that we can respond—not just as quickly as possible, but as effectively as possible.
Global Britain
Debate between Alistair Carmichael and Dominic Raab(4 years, 2 months ago)
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Dominic Raab
I thank my hon. Friend, who has been a tireless champion of not just Gibraltar but all the overseas territories. We are absolutely clear: the UK will not exclude Gibraltar from our negotiations with the EU. We will negotiate on behalf of the whole United Kingdom family, and that includes Gibraltar.
Mr Alistair Carmichael (Orkney and Shetland) (LD)
If the concept of a global Britain is to have any meaning and value, surely it must have respect for human rights and an international rules-based order at its heart. With that in mind, will the Foreign Secretary reconsider the unqualified support he gave to President Trump last week in respect of the so-called peace plan for Palestine? Will the right hon. Gentleman repudiate the proposed annexation of the west bank and at long last support the recognition of a Palestinian state?
Dominic Raab
I gently say to the right hon. Gentleman that I do not think he has read the detail of this. Whatever else he may disagree with, the one thing that the plan put forward by the US included was a recognition of and commitment to a two-state solution. We have been absolutely clear that that is the only way in which the conflict can be resolved.
We support a plan and a mechanism to get the parties out of the destabilising vacuum and void that there has been of late, and around the table. The plan is only the point of departure. I share some of the concerns expressed around settlements; I think there is also a question around the status of Jerusalem. But above all, rather than just rejecting the plan, it is important that we try to bring the parties together around the negotiating table. That is the only path to peace and to a two-state solution.
Iran
Debate between Alistair Carmichael and Dominic Raab(4 years, 3 months ago)
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Dominic Raab
My right hon. Friend is absolutely right. Of course we will be fully plugged in and, indeed, a driving force in the international effort to make sure we get the right answers in terms of the investigation. This point is even stronger now that the Government of Iran have accepted at least a measure of responsibility, but it is crucial that the investigation is fully independent and has an international component so that people can feel confidence in the outcome and the answers. We will work with all our international partners on all the issues he raises, and I certainly want to see justice for the incredible number of people who are still mourning and grieving this terrible loss.
Mr Alistair Carmichael (Orkney and Shetland) (LD)
The Foreign Secretary will have seen reports of the demonstrations across Iran this weekend, illustrating the profound and widespread unhappiness among the people of Iran about the recent actions of their Government. That may in itself be the start of an opportunity to see a shift in Iran’s foreign policy, but if we are to maximise that opportunity, we need to engage those interlocutors in the Gulf and the wider middle east with whom we have good relations in order to see that shift executed in Iran.
Dominic Raab
I agree with the right hon. Gentleman that watching the change in the public mood in Tehran and more broadly in Iran is very striking. He is also right to say that we need to work with all our partners. In fact, I would go further and say that, beyond our partners in the middle east, we also need to work with China, Russia and those closest to them to enhance and reinforce the solidarity and clarity of the message that we are sending to the regime in Tehran.
Britain in the World
Debate between Alistair Carmichael and Dominic Raab(4 years, 3 months ago)
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Mr Alistair Carmichael (Orkney and Shetland) (LD)
Does the Foreign Secretary agree that nowhere in the world at the moment are these values under greater attack than in Hong Kong, and will he join me in condemning the refusal of the Hong Kong authorities to allow the director of Human Rights Watch entry at the weekend?
Dominic Raab
I do join with the right hon. Gentleman in making the following point. The international principles and norms and the rule of law in relation to freedom of peaceful protest and freedom of expression apply as a matter of customary international law; it also applies directly because of the joint Sino-UK declaration in relation to Hong Kong. Of course we want China as a leading member of the international community to live up to those responsibilities, and the case the right hon. Gentleman highlights is a very good example of that.
We will continue to be standing up for those values. We will continue to be a leading member of NATO, ensuring that that alliance can rise to the new challenges ahead. We will hold Iran accountable for its destabilising and dangerous actions in the region, but we will also, as we made clear in the response to my right hon. Friend the Member for Bournemouth East (Mr Ellwood) earlier, encourage it to de-escalate and to seek a path to an alternative future through diplomatic dialogue.
We will call out those who flout international law, like the Russian Government, from its illegal annexation in Crimea and its chemical weapons attack in Salisbury to its cyber-attacks and its propensity for spreading fake news.