Formal minutes
Tuesday 1 February 2005
Members present:
Donald Anderson, in the Chair
| Mr David Chidgey
Mr Fabian Hamilton
Mr Eric Illsley
Mr Andrew Mackay
| Andrew Mackinlay
Mr John Maples
Sir John Stanley
|
The Committee deliberated.
Draft Report (Cyprus), proposed by the Chairman, brought up and
read.
Ordered, That the Chairman's
draft Report be read a second time, paragraph by paragraph.
Paragraph 1 read, as follows:
The island of Cyprus has been divided between its
majority Greek Cypriot and minority Turkish Cypriot populations
physically since 1974, and psychologically for far longer. Attempts
to end the physical division, to find a solution to what has become
known as "the Cyprus problem" came closer to success
than ever before in 2004, with the publication of a UN-brokered
scheme—the 'Annan Plan'—on which both communities
were able to vote in simultaneous referendums. The result of those
referendums, in which two thirds of Turkish Cypriots supported
the Plan, but three quarters of Greek Cypriots rejected it, was
a stalemate. The internationally-recognised Republic of Cyprus,
which exercises sovereignty over only the Greek Cypriot-controlled
parts of the island, entered the European Union in May 2004; the
self-styled 'Turkish Republic of Northern Cyprus' is recognised
only by Turkey, 35,000 of whose troops are garrisoned there. Turkey's
candidature for membership of the EU is blighted by the fact that
its forces occupy a large part of the territory of an existing
member state. It is hardly surprising that, after decades of simmering
on the back burner of international priorities, the Cyprus problem
has become a focus of attention. A further attempt to find a solution
which is acceptable to a majority of all the people of Cyprus
is likely to take place later this year.
Amendment proposed, in line 6, after the first
word "referendums" to insert the words "However,
the result of the referendum in the North was seriously flawed
by the inclusion and participation of countless thousands of citizens
of the Republic of Turkey. Their inclusion was contrary to European
norms. It reflects badly on the UN and governments who for expediency
acquiesced in this. No-one was able to produce for the Committee
a breakdown of the proportions of those on the northern electoral
roll who were citizens of the Republic of Cyprus and who were
citizens of the Republic of Turkey, or nationals of other states.".—(Andrew
Mackinlay.)
Question, That the Amendment be made, put and negatived.
Another Amendment proposed, in line 7, to leave
out the words "Turkish Cypriots" and insert the words
"those participating in the North".—(Andrew
Mackinlay.)
Question, That the Amendment be made, put and
negatived.
An Amendment made
Paragraph, as amended, agreed to.
Paragraphs 2 to 13 read and agreed to.
Paragraph 14 read, amended and agreed to.
Paragraphs 15 to 37 read and agreed to.
Paragraph 38 read, amended and agreed to.
Paragraphs 39 to 75 read and agreed to.
Paragraph 76 read, as follows:
To many Greek Cypriots, the question of how many
settlers voted for the Plan and whether they swung the vote (clearly,
they did not) is irrelevant—the point is that as illegal
immigrants they should not have been allowed to vote at all. The
Greek Cypriot leadership naturally raised this point with Mr Annan
during the negotiating process, pointing out various precedents
and legal opinions. In his 'good offices' report, the Secretary-General
noted that the Greek Cypriot side had proposed that voting in
the referendum should be limited to those who had Cypriot citizenship
in 1963 and their descendants. The report refers to the "apparent
impracticability" of this proposal and that it would have
required the Turkish Cypriots to accept the Greek Cypriot interpretation
of the history of their island in the early 1960s. In the event,
despite "persistent, repeated calls" by the Greek Cypriot
side to disenfranchise the settlers, they were allowed to vote
in the referendum. As Lord Hannay put it,
The voting rolls which existed for Turkish Cypriot
parliamentary elections and Turkish Cypriot presidential elections
were in existence and they were what they were. I think it was
generally agreed, and indeed the Greek Cypriots knew all about
this, that this was a valid basis on which to seek an opinion.
Amendment proposed, in line 3, after the word "all."
to insert the words "This is undeniably a valid argument
for those giving fealty to the internationally-recognised Republic
of Cyprus to advance.". —(Andrew Mackinlay.)
Question, That the Amendment be made, put and
negatived.
Another Amendment proposed, in line 18, at the
end, to add the words "Despite what the Secretary-General
and Lord Hannay have said, it would have at the very least been
appropriate for those voting in the northern referendum to have
been identified as either settlers or as citizens of the de
jure Republic of Cyprus prior to voting and for their votes
to have been counted separately.".—(Andrew Mackinlay.)
Question, That the Amendment be made, put and
negatived.
Paragraph agreed to.
Paragraph 77 read, as follows:
The arguments against allowing settlers to vote were
undoubtedly strong. We acknowledge the force of the case made
by the government of the Republic of Cyprus and we note that the
electoral rolls in the North clearly include information on when
voters attained 'citizenship'. It would thus have been feasible
to restrict the vote in the North to those born on the island,
most of whom are Turkish Cypriot citizens of the Republic of Cyprus.
Against this, however, it has to be remembered that the fate of
the settlers, too, was being determined. Their right to remain
on the island was at stake. Most of the settlers also consider
themselves to be 'citizens' of the 'TRNC,' to which they pay their
taxes and under whose laws they live. Their rights cannot be ignored.
Amendment proposed, in line 6, to leave out
from the word "Cyprus." to the word "Most"
in line 8.—(Andrew Mackinlay.)
Question, That the Amendment be made, put and
negatived.
An Amendment made.
Paragraph, as amended, agreed to.
Paragraphs 78 read, amended and agreed to.
Paragraph 79 read and agreed to.
Paragraph 80 read, as follows:
After careful consideration, we conclude that
it was right that all those on the electoral roll in northern
Cyprus were able to participate in the referendum held in April
2004, and we recommend that the same arrangements should apply
in respect of any future referendum on a solution to the Cyprus
problem.
Motion made, and Question proposed, to leave
out paragraph 80 and insert the following new paragraphs:
It was wholly wrong for people other than citizens
of the Republic of Cyprus to have been permitted to participate
in the referendum held in April 2004. No-one was able to produce
for the Committee a breakdown of the proportion of those on the
northern electoral roll who were citizens of the Republic of Cyprus
and who ere citizens of the republic of Turkey, or nationals of
other states.
As a consequence of including indiscriminately all
those on the 'electoral roll', regardless of citizenship, and
allowing them to participate in the referendum, means that the
result was, to say the least, seriously flawed. The inclusion
and participation of countless thousands of citizens of the Republic
of Turkey in the referendum was contrary to western European norms
and it reflects badly on the UN and on the governments who for
expediency acquiesced in this.—(Andrew Mackinlay.)
Question put and negatived.
Paragraph agreed to.
Paragraphs 81 to 99 read, amended and agreed to.
Paragraph 100 read, as follows:
In an apparent bid to obtain concessions from Ankara
ahead of the December 2004 EU summit, when a decision on Turkey's
entry was to be made, President Papadopoulos described his country's
newly-acquired veto as "a weapon we have in our hands."
He also claims to have plenty of ammunition, with no fewer than
64 opportunities to block Turkey's accession: one at the beginning
and one at the end; and two for each of the 31 technical chapters.
In our view, however, the veto is a single-use weapon; its use
by a small member state on a matter which was not generally accepted
to be one of vital national interest would be catastrophic for
that state's credibility and would cause a major crisis within
the Union.
Amendment proposed, in line 6, to leave out from
the word "chapters." to the end of the paragraph.—(Andrew
Mackinlay.)
Question put, That the Amendment be made.
The Committee divided.
Ayes, 3
Mr David Chidgey
Mr Eric Illsley
Andrew Mackinlay
| | Noes, 3
Mr Fabian Hamilton
Mr Andrew Mackay
Mr John Maples
|
Whereupon the Chairman declared himself with the Ayes.
Paragraph, as amended, agreed to.
Paragraph 101 read, as follows:
Talk of using the veto so soon after joining the
club may be unpopular, but there is also some evidence to suggest
that, since entering the European Union, the government of Cyprus's
actions have been less than wholeheartedly communautaire. The
spirit of cooperation, the big picture which was the impetus behind
European enlargement, seems to be lacking. For example, the Republic
of Cyprus, which has successfully claimed to represent all the
people of the island, has appointed only one Turkish Cypriot to
its representation in Brussels. Cyprus has also blocked the EU's
direct trade proposal, which we discuss in detail below. Commenting
on Cyprus's obstruction of the financial aid and trade proposals,
Dr MacShane, said: "We have not found a solution and it would
be perfectly fair to say that, in my judgment, the officials of
the Republic of Cyprus are not working with us to find a solution."
Christopher Brewin was of the opinion that "the European
Union has to get a grip on it."
Amendment proposed, in line 1, to leave out
from the beginning to the word "the" in line 5.—(Andrew
Mackinlay.)
Question, That the Amendment be made, put and
negatived.
Paragraph agreed to.
Paragraph 102 read, amended and agreed to.
Paragraph 103 read, as follows:
We conclude that there is as yet little evidence
that the Republic of Cyprus has fully taken on board that its
membership of the EU involves obligations, as well as opportunities.
We recommend that the Government work on a bilateral level, and
with its European partners, to encourage Cyprus to adapt to European
Union values and methods of working.
Motion made and Question proposed, That the paragraph
be disagreed to.—(Andrew Mackinlay.)
Question put and negatived.
Paragraphs 104 to 114 read and agreed to.
Paragraph 115 read, as follows:
We are greatly disappointed that it has so far
proved impossible to gain agreement on the modest but important
proposals to improve the operation and usefulness of the Green
Line Regulation on intra-island trade. We recommend that the United
Kingdom work closely with the Luxembourg presidency to secure
early implementation of these changes and to streamline procedures
for making further amendments. We further recommend that the EU
should take steps to bring in genuinely free trade, with traders
in the South of the island being free to move goods and products
across the line to the North.
Amendment proposed, in line 3, to leave out from
the word "trade." to the end of the paragraph.—(Andrew
Mackinlay.)
Question proposed, That the Amendment be made:—Amendment,
by leave, withdrawn.
Paragraph agreed to.
Paragraphs 116 to 121 read and agreed to.
Paragraph 122 read, amended and agreed to.
Paragraphs 123 to 126 read and agreed to.
Paragraph 127 read, amended and agreed to.
Paragraphs 128 to 145 read and agreed to.
Paragraph 146 read, as follows:
We recommend that in its response to this Report,
if not sooner, the Government clarify whether it has the power
to authorise direct passenger flights between the United Kingdom
and northern Cyprus. We further recommend that, if it does possess
the power to authorise flights, the Government announce a date
from which such services will be permitted, subject to satisfactory
safety inspections of the facilities at Ercan and other assurances.
Motion made and Question proposed, That the paragraph
be disagreed to.—(Andrew Mackinlay.)
Question put and negatived.
Paragraphs 147 to 153 read and agreed to.
Paragraph 154 read, amended and agreed to.
Paragraphs 155 to 162 read and agreed to.
Paragraph 163 read, as follows:
We reiterate our previous strong support for Turkish
membership of the European Union. We conclude, however, that in
practice Turkish accession will be impossible for as long as there
is no settlement of the Cyprus problem. We also conclude that
Turkey has the power greatly to assist both a settlement in Cyprus
and its EU aspirations, for example by withdrawing some of its
many thousands of troops from the island, and we call upon it
to do so.
Amendment proposed, in line 1, to leave out
from the beginning to the word "that" in line 2 and
insert the words "We conclude".—(Andrew Mackinlay.)
Question put, That the Amendment be made.
The Committee divided.
|
Ayes, 2
Mr Eric Illsley
Andrew Mackinlay
| | Noes, 4
Mr Fabian Hamilton
Mr Andrew Mackay
Mr John Maples
Sir John Stanley
|
Paragraph agreed to.
Paragraphs 164 to 170 read and agreed to.
Paragraph 171 read, as follows:
The Ministry of Foreign Affairs of the Republic of
Cyprus obliquely expressed its annoyance with the United Kingdom's
policy on Cyprus, by informing us of the "disappointment"
of Greek Cypriots about United Kingdom actions during the Annan
Plan negotiating process "trying to undermine the positions
of the Greek Cypriot side" and about
… the fact that British policy, following the
24 April 2004 referendum, has not shown, in practice, respect
for the will of the overwhelming majority of the Greek Cypriots,
as expressed during the voting. There is a feeling that the British
policy towards Cyprus, although in words purports to aim for the
reunification, in actual terms consolidates the division and the
alienation of the two communities bringing feelings of disappointment
to the Greek Cypriot community.
Dr Claire Palley, who from 1980 to 2004 acted as
constitutional consultant to the President of Cyprus, told us
that "the long-standing and consistent attempts to balance
Greek Cypriot and Turkish Cypriot interests were, from late 2002
onwards, subordinated to a desire to secure Turkish and American
interests, with this policy being supported by Her Majesty's Foreign
Office." We received comments of a similar nature also from
some individual Greek Cypriots and from some representative Greek
Cypriot organisations, but we do not accept that such assertions
can be substantiated.
Amendment proposed, in line 19, to leave out
from the word "organisations" to the end of the paragraph.—(Andrew
Mackinlay.)
Question, That the Amendment be made, put and
negatived.
Paragraphs 172 to 204 read and agreed to.
A paragraph—(Andrew Mackinlay)—brought
up and read, as follows:
As will be seen from the table above, it is not at
the moment possible to identify exactly the numbers of settlers
and those indigenous Turkish Cypriots who are, constitutionally
and/or de jure, citizens of the Republic of Cyprus and
European Union citizens. If the Council of Europe's estimate of
115,000 settlers in North Cyprus is correct, this seriously undermines
the integrity of the referendum in the North. In short the referendum
in the North was seriously flawed and it is a dangerous delusion
for the international community and in particular the EU and the
UN Secretary-General to pretend otherwise. It is also a very bad
precedent for the EU and the Secretary-General to acquiesce in
the pretence that the referendum had integrity. Such expediency
not only reflects badly on the Secretary-General and the EU, but
will also be prayed in aid by parties on other conflict situations
elsewhere in the world.
Question put, That the paragraph be read a second
time.
The Committee divided.
|
Ayes, 2
Mr Eric Illsley
Andrew Mackinlay
| | Noes, 5
Mr David Chidgey
Mr Fabian Hamilton
Mr Andrew Mackay
Mr John Maples
Sir John Stanley
|
Paragraph 205 read, as follows:
We recommend that a population census be held
in northern Cyprus, funded by the European Union and carried out
either by an appropriate international body or by the Turkish
Cypriot authorities under close international supervision.
Amendment proposed, in line 2, to leave out from
the word "out" to the end of the paragraph and to insert
the words "by an appropriate international body. This census
must identify those who are settlers and those who are de jure
citizens of the Republic of Cyprus and, ipso facto, existing
citizens of the European Union and only the latter would be permitted
to participate in any future referendum.".—(Andrew
Mackinlay.)
Question put, That the Amendment be made.
The Committee divided.
Ayes, 2
Mr Eric Illsley
Andrew Mackinlay
| | Noes, 5
Mr David Chidgey
Mr Fabian Hamilton
Mr Andrew Mackay
Mr John Maples
Sir John Stanley
|
Paragraph agreed to.
Paragraph 206 read and agreed to.
Paragraph 207 read, as follows:
We therefore feel guardedly optimistic that there
may be scope for some limited adjustment of the provisions of
the Annan Plan in relation to the settler issue. We suggest that
such an adjustment could most realistically focus on providing
strong economic incentives for settlers to return to Turkey, combined
with stricter limitations on the granting of citizenship or the
right of residence. These measures can be portrayed as a mirror
image of those which apply to Greek Cypriots seeking to reclaim
their properties in the North: quantitative limits, offset by
financial compensation. They would introduce a greater symmetry
to the Plan and they would satisfy the criterion we set ourselves
earlier in this Report, of seeking changes to the Plan which would
meet the demands of Greek Cypriots, while not damaging the interests
of Turkish Cypriots.
Amendment proposed, in line 5, to leave out
from the word "residence" to the end of the paragraph.—(Andrew
Mackinlay.)
Question, That the Amendment be made, put and
negatived.
Paragraphs 208 and 209 read and agreed to.
Paragraphs 210 and 211 read, amended and agreed to.
Paragraphs 212 to 231 read and agreed to.
Paragraph 232 read, amended and agreed to.
Paragraphs 233 to 235 read and agreed to.
Paragraphs—(Andrew Mackinlay)—brought
up and read, as follows:
The Annan Plan was adopted as 'the way forward' uncritically,
by most of the main players and in particular the British Government.
It should be recognised in retrospect that the Plan was seriously
flawed. Indeed, had it been endorsed by referendums in both the
North and in Greek Cyprus there would have been a very real danger
of it seriously unravelling after accession, because so much important
detail had, in all reality, not been agreed. Such a situation
could have resulted in the nightmare scenario where the EU would
have had for the very first time the chemistry for internal armed
conflict on a significant scale, as well as a serious crisis with
a member of NATO, Turkey.
The need to meet the deadline of Cyprus's European
Union accession had meant not only trimming on essential details
vital to the interests of both sides, but also the efficacy of
the referendums. We refer, by way of example, to:
(i) not enough work having been done on the numbers
of Turkish settlers who would be required to return to Turkey;
(ii) not enough work done on arrangements for
the restitution of property and/or the criteria whereby compensation
would be negotiated, arbitrated or in some cases presented as
the only option;
(iii) failure to agree in advance sums which
Turkey might make available to help fund compensation;
(iv) failure to agree an internationally acceptable
electoral roll for the referendum in the North which either excluded
non-EU/republic of Cyprus citizens (ie the settlers) or at least
placed the latter on a separate roll in order that a true measure
of Turkish Cypriot opinion could be gauged.
In short, the Annan Plan was a fudge and so incomplete
that it is little wonder that many felt unable to vote for it.
It may, however, be a blessing in disguise. Although flawed and
incomplete, the Annan Plan still forms the only foundation for
progress. It must now be built on, the gaps filled in and the
details sorted out. This, we hope, may now be achieved without
the aggravation that the EU accession date deadline caused.
Question put, That the paragraphs be read a second
time.
The Committee divided.
|
Ayes, 2
Mr Eric Illsley
Andrew Mackinlay
| | Noes, 5
Mr David Chidgey
Mr Fabian Hamilton
Mr Andrew Mackay
Mr John Maples
Sir John Stanley
|
Paragraph 236 read and agreed to.
Annex agreed to.
Resolved, That the Report,
as amended, be the Second Report of the Committee to the House.
Ordered, That the Chairman
do make the Report to the House.
Ordered, That the provisions
of Standing Order No.134 (Select committees (reports)) be applied
to the Report.
Several Papers were ordered to be appended to the
Minutes of Evidence.
Ordered, That the appendices
to the Minutes of Evidence taken before the Committee be reported
to the House.—(The Chairman.)
[Adjourned till Tuesday 22 February at 2.30pm.
| 
