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25 Feb 2003 : Column 118—continued
International Criminal Court
8. Mr. John Robertson (Glasgow, Anniesland): What recent discussions he has had with his counterparts in the USA about the International Criminal Court. [98789]
The Parliamentary Under-Secretary of State for Foreign and Commonwealth Affairs (Mr. Mike O'Brien): There have been no discussions on the International Criminal Court with US counterparts since 17 October. On that date, officials met at US request for preliminary discussions on the US request for a bilateral agreement under article 98.2 of the Rome statute. We await a further approach from the US side.
John Robertson: I thank my hon. Friend for his reply, but he will be aware that the US Government have sought bilateral agreements with other countries that revoke article 98 of the Rome statute to exempt US officials from prosecution by the international courts and, as has been already alluded to earlier, to strengthen economic sanctions such as the termination of military aid to countries if they do not comply with US demands. Does he agree that such action undermines the process to establish an effective International Criminal Court and that, without ratification by the US, the International Criminal Court will essentially be a toothless tiger?
Mr. O'Brien: We are strong supporters of the International Criminal Court and, of course, we will do nothing that conflicts with the statute. We understand US objections to the court, but we simply do not share them. Of course article 98.2 provides a procedure, and therefore acting within that article would comply with the statute. However, we will act on the basis of the guiding principles agreed by European Union Ministers on 30 September: no immunity for US citizens, no exemption for UK citizens and exemptions only for US citizens sent by their Government. Unfortunately, there is no common EU position on that. It appears that the French have opted for their soldiers to be excluded for seven years. The French seem to be taking a more American position on this issue.
Dr. Julian Lewis (New Forest, East): It has been suggested that one solution to the Iraq crisis would be for Saddam and his clique to go into exile. How would that be affected by the existence of the International Criminal Court in the unlikely event that he decided to go into exile, but did so in a country that had signed up to the ICC? Would not there be a clash between the
terms of his exile and the possibility that someone could rightly bring him before the ICC for the many crimes that he has committed?
Mr. O'Brien: The hon. Gentleman raises an interesting point, which I shall consider in detail. Of course, Iraq is not currently a party to the ICC statute, so the court can exercise its jurisdiction only following the referral of an allegation by the UN Security Council under chapter VII of the UN charter. Therefore, if somebody was in a country that was adhering to the statute, I assume that the procedure would still be to use the UN charter chapter VII. I would have to consider in detail the legalities of that, and I will write to the hon. Gentleman.
EU Enlargement (Czech Republic)
9. Mr. Mike Hall (Weaver Vale): If he will make a statement on enlargement of the EU; and what progress is being made in respect of the Czech Republic's application to join the EU. [98790]
The Minister for Europe (Mr. Denis MacShane): Following the conclusion of negotiations at the European Council in December, the existing EU members, the Czech Republic and nine other candidates will sign an accession treaty on 16 April. Subject to treaty ratification, the Czech Republic will accede on 1 May 2004. That is good news for the UK, the EU and the Czech Republic.
Mr. Hall : I thank my hon. Friend for that answer. Does he share my concern that the nations seeking to join the EU were invited to the summit in Brussels last week to discuss Iraq, but were not allowed to participate? It seems to emerge that, after that meeting, President Chirac was threatening those nations wishing to join with a veto if they did not agree with his views on Iraq. Would not a better way of taking forward EU membership be whether they meet the criteria, rather than whether they agree with the President of France?
Angus Robertson (Moray): The Minister will be aware that coalition discussions in Austria have centred in large part around the issue of nuclear power stations in the Czech Republic. Threats have been made by the far right, extremist Freedom party to block Czech membership of the European Union. Does he agree that it would be much more welcome for the Austrian Government to discuss issues of substance rather than accede to the extremist designs of Jörg Haider?
Mr. Michael Connarty (Falkirk, East): When negotiating with partners for the accession of the Czech Republic and other applicant countries, will my hon. Friend ensure that the rights of Roma people in those countries, which are not upheld at the moment, will be fundamental to conditions for accession to the EU?
That will prevent us from ending up in a situation in which the problems of the Roma people are settled by them resettling in our country and other parts of the EU.
Mr. MacShane: My hon. Friend raises a sensitive point. Since the end of communism, steady progress has been made on dealing with all the different minority questions in central and eastern Europe. The issue of the treatment of the Roma people figured largely in the assessment about new member states joining the European Union. My hon. Friend is right that we must keep a careful eye on the matter.
Serbia and Montenegro
10. Mr. John Randall (Uxbridge): If he will make a statement on the political situation in Serbia and Montenegro. [98791]
The Minister for Europe (Mr. Denis MacShane): The Serbia and Montenegro state union was proclaimed on 4 February. Elections to the new Parliament are taking place there. We urge the new Government, when in place, to press ahead with reforms, including co-operation with the International Criminal Tribunal for the Former Yugoslavia.
Mr. Randall : Does the Minister agree that one of the biggest problems facing Serbia and Montenegro is the huge number of refugees and internally displaced people within its borders? That exerts a great deal of pressure, and will possibly lead to political instability. What will the Government do to try to return those people to their rightful homes?
Mr. MacShane: The hon. Gentleman, who takes a great interest in the region and contributes positively to the House's discussions and debates on it, raises an important point. We still have a large number of British troops in the region to try to ensure that people can go back to their homes and villages. The hon. Gentleman will know that one of the best contributions that might be made is for the new Serbian and Montenegrin Government to surrender to The Hague all the alleged and indicted criminals, given the actions that took place. That is the most important step that could be taken to bring peace and stability and to restore confidence to the region as a whole.
Mr. Tom Cox (Tooting): Is my hon. Friend aware that I have represented the Council of Europe as an election observer in the last two presidential elections in Serbia? Because of a ruling introduced under Milosevic that means that there has to be a turnout of 50 per cent, the clear wishes of the people of Serbia were not met. Such a turnout was not achieved on either occasion. Therefore, when my hon. Friend next meets the Serbian authorities, will he say that that ruling does not meet the wishes of the people of Serbia and that it needs to be changed?
Mr. MacShane: I am not quite sure that it is for the British Government to dictate the electoral system for the election, under the old arrangements, of the President of Serbia. We now have a new entity, Serbia and Montenegro, and elections to its Parliament are taking place today. Perhaps if there were a candidate
who could command sufficient support because he or she was saying the right things for a new Serbia and Montenegro, that person might receive the support to overcome the technical barrier to which my hon. Friend referred.Afghanistan
12. Tony Cunningham (Workington): If he will make a statement on the political situation in Afghanistan. [98793]
The Parliamentary Under-Secretary of State for Foreign and Commonwealth Affairs (Mr. Mike O'Brien): Afghanistan has made progress towards implementing the Bonn agreement, but the situation remains fragile. Over the coming year the transitional Government will focus on improving security, including through the development of the new Afghan national army, the development of a new constitution and, of course, preparations for elections in 2004.
Tony Cunningham: I thank my hon. Friend for that reply. Very obvious security issues affect Afghanistan, but to what extent does political instability hinder the reconstruction of this tragic country? What more can be done to deal with that?
Mr. O'Brien: There is a large amount of work being done to ensure that we give political support to the Afghan Government, and they are responding enormously well. I was in Kabul some months ago and saw the very high calibre of many Afghan Ministers. They are doing a very good job. One of the key advantages that we have seen in recent months is that there are now 4.5 million children in school in Afghanistan, and half of them are girls. Few schools operated under the Taliban, and girls could not go to them. Steps are being taken forward not only on security, but on education, health and other issues. The position is precarious but the steps forward show the benefit of the steps that the British, American and others Governments were prepared to take in intervening in Afghanistan. [Interruption.]
Mr. Speaker: Order. There is far too much noise in the House.
Mr. John Wilkinson (Ruislip-Northwood): Does the Minister agree that a satisfactory security situation is crucial to a positive political development in Afghanistan? Can he assure the House that there is no question whatever of the Federal German Government withdrawing their peacekeeping contingent as has been mooted in many quarters of the press?
Mr. O'Brien: We are in discussions with the Germans, as are other countries. We very much hope that they will remain there until the change to other forces is undertaken. We believe that there will not be the gap or lacuna that the hon. Gentleman suggests.
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