EU Charter of Fundamental Human Rights

Part of Court of Justice of the European Union – in the House of Commons at 6:10 pm on 12 July 2012.

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Photo of David Lidington David Lidington The Minister for Europe 6:10, 12 July 2012

May I first thank all hon. Members who have contributed to the debate? I say to Michael Connarty that the action plan clearly sets out the fact that part of the special representative’s role will be to act as an advocate for human rights concerns with both the Council, representing the member states, and the EU institutions because, as he will know, the Commission in particular will have a leading role in trade negotiations, for example. The purpose of the framework, with the strategy, the action plan and the special representative, is to ensure that human rights concerns cannot be overlooked or dismissed in any area of the EU’s external activity.

Emma Reynolds asked about Hungary. Our general approach to the Hungarian legal changes has been to support the European Commission in its approach to the Hungarian Government. As she acknowledged, the

Hungarian Government altered their proposed media law after conversations with the Commission, and the same was true of their proposed changes to the governance of the Hungarian central bank, which were later amended. I have had a number of conversations about these issues with my Hungarian opposite number over the past 18 months. I will write to the hon. Lady with a little more detail on the matters she raised.

Jeremy Corbyn asked about the scope of the action plan and the special representative’s role. Article 20 of the action plan relates to gender-based violence, article 14 deals with action against human trafficking, and article 9 covers trade agreements, so these generic issues are within scope. The particular issue of migration that he talked about can be covered in the action plan’s reference to the EU’s development instruments. My one word of caution is that this particular set of documents comes within the framework of the common foreign and security policy, whereas some of the questions he asked are really about the treatment by EU member states of migrant and minority populations within their own borders, and that is outwith the scope of the special representative, whose responsibilities pertain to the EU’s external policy only. It is probably best if I do not talk about the Russian cases he mentioned, because I have not read the judgments or been able to take a considered view on them. His point about human rights defenders was well made. Again, standing up for human rights defenders is listed explicitly as one of the items in the action programme.

I will write to my hon. Friend Jo Swinson on some of the detailed points she made, particularly those about the death penalty. As she said, the two issues that concern her—women’s rights and freedom of religion—form an important part of the action plan and will be within the scope of the special representative’s work. With regard to the arms trade treaty, the United Kingdom remains firmly of the view that we want an ATT that contains strong human rights and international humanitarian law provisions, and that is what British Ministers and officials will be pressing for in the forthcoming round of negotiations.

My hon. Friend Mr Cash raised the serious question of how we get the balance right between an acceptance that people everywhere are entitled to respect, dignity and what we would term human rights and the right of electors in a democracy to express their will and have it carried into effect by those whom they choose to govern them. That takes us a long way beyond the scope of the motion before us, but they are very important and profound questions with which countries throughout the world are grappling, and we accept that in the national sphere there should be constraints, legislative or constitutional, on the untrammelled freedom of a majority to act, which may be temporary, when that action might unfairly or unreasonably damage the interests of minorities.

The debate to which my hon. Friend was contributing was about the extent to which that principle should be adopted internationally, too, and I would just say this with regard to the EU. The EU is not just an economic club; it has always been a club for democracies. Spain could not get in until it established democracy, and the EU accession process is the most important driver of democratic, political and rule of law reform in eastern and central Europe today. I ask that the House support the motion before us.

Question put and agreed to.

Resolved,

That this House takes note of European Union Documents No. 18635/11, relating to the Joint Communication to the European Parliament and the Council on Human rights and democracy at the heart of EU external action-towards a more effective approach, together with an unnumbered Explanatory Memorandum dated 7 June 2012, submitted by the Foreign and Commonwealth Office, relating to a draft Council Decision appointing the European Union Special Representative for Human Rights, and the EU Action Plan on Human Rights and Democracy, and No. 8905/12 and Addenda 1 and 2, a Commission Report to the European Parliament and the Council, the European Economic and Social Committee and the Committee of the Regions on the Application of the EU Charter of Fundamental Rights; notes the Commission document on the Progress on Equality Between Women and Men in 2011; endorses the Government’s intention to support the draft Decision on the EU Special Representative for Human Rights; and welcomes the Government’s work to provide for enhanced Member State oversight of the Special Representative’s activities in Articles 10 and 11 of the draft mandate.