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Caroline Flint: As I stated in that letter to the Committee, the selection process is complex and our initial expectation was that it might be completed by 1 March. However, that process has not yet concluded. I indicated in that letter that the timetable might slip, and it has. There is no confirmed EU nominee at present. With regard to Sir Emyr Jones Parry, I am not sure that I should speculate on that point while discussions are ongoing. Sir Emyr has existing commitments to the Welsh Assembly, which are now being taken into account. We did put forward a strong candidate because Sir Emyr is a strong candidate, and he is aware that the selection process will need to address his existing commitments.
Mr. Francois: Reuters has recently reported that the Republic Srpska and Russia have stated that they would not accept an EU special representative from Britain in that role. Is the Minister aware of either Russia or Republic Srpska notifying the UK, or indeed the EU, that they did not wish to see a British higher representative in Bosnia and Hertzegovina?
Caroline Flint: That has not been brought to my attention. We are going through the process in the right manner. We felt that it was important to have strong candidates and that is why we put forward Sir Emyr. Ultimately, whoever is the final candidate, it is important that they are a strong candidate who can work within that country with all parties.
Harry Cohen (Leyton and Wanstead) (Lab): What is the pay of the special representatives, and do they have any special tax arrangements? For example, are they exempt from tax in this country or any other EU country? Do they have any pension arrangements? What are the arrangements for them in the role?
Caroline Flint: I will seek the detail. However, because I checked it before this debate, I can say that in a number of cases where people are double-hatting in a role, they will receive only one salary.
The Chairman: In that case, before we end question time, I hope that somebody from the Minister’s party can get that information for the benefit of the Committee.
Harry Cohen: I am grateful for that point, Mr. Chairman. In comparison with our colleague Tony Blair, a special representative in relation to the Quartet in the middle east, are the special representatives’ pay and conditions better, worse or the same?
The Chairman: To be fair, I do not know whether the Minister is in a position to know exactly what Tony Blair gets for that. I understood that he was not being paid.
Caroline Flint: You are absolutely right, Mr. Hancock. I do not have the full breakdown. I am not sure whether I am meant to be answering as a manager or a shop steward on behalf of those individuals. I will try to find out some more details for my hon. Friend during the course of this debate. The budget for each of the mandates varies. It will include the office, of course, as well as other aspects. The total sum allocated to the EU special representatives for 2008 was €19.9 million, and the sum for 2009 is €16.62 million. That may seem rather a lot—it is rather a lot to all our ears—but it has actually decreased.
The Chairman: I think that Mr. Cohen would make an excellent shop steward, but I do not think that he would include Mr. Blair as one of the members for whom he would like to fight.
Mr. Cash: Will the Minister bring us up to date on the reference of Kosovo to the International Court of Justice with respect to its status in international law? If it turns out in the judgment that Kosovo is not to be regarded as a separate entity in international law, all these matters fail, do they not?
Caroline Flint: We believe that Kosovo’s independence is consistent with international law and with United Nations Security Council resolution 1244. Kosovo has been recognised by 55 countries, including a majority of nine of 15 Security Council members.
On the referral of Kosovo to the ICJ and whether that will undermine its independence, we believe that Kosovo is in a strong position with the court, the arguments for independence are compelling and the matter before the court will have to proceed. Although that is happening and there are clearly differences of opinion between Serbia and Kosovo, I welcome the support that has been given to the roll-out of EULEX in Kosovo.
Mr. Cash: Can the Minister give some indication when the matter is likely to be adjudicated and resolved?
Caroline Flint: I cannot. That is a matter for the courts. I am afraid I do not have details of their timetable.
Kelvin Hopkins: In the conclusion of our report to the Committee, which is on page 8 of the bundle, it says, among other things:
“All in all, the EUSRs’ mandates are a vivid illustration of the ways in which the breadth and depth of the EU’s Common Foreign and Security Policy has developed in the decades since its inception.”
Some of us on the Committee were concerned about the drive towards effectively giving the European Union a single foreign policy position when in fact some of us still believe that we are an association of independent countries that might have different views. Would my hon. Friend care to comment on that?
Caroline Flint: The EUSRs do a solid job of supporting the Council, but I do not think that they detract in any way from what individual countries do. They carry out mandates that are agreed within Council. To that end, they do a good job. They give an additional EU presence and voice on the ground, but I do not think that they act in opposition to what individual countries do. We have often found it useful to be in a united place within countries, when our embassies have worked alongside those individuals. In Macedonia, Georgia and Kosovo, and for that matter the middle east, there are some good examples of solid work. This is not new: the conditions for representatives and their mandates go back a long way—before this Government—and they have proved to be one contribution to how we deliver peace and security, and to how we enable a number of countries to improve their human rights, their ability to run their economy and everything else that helps to make a democratic country.
Mr. James Clappison (Hertsmere) (Con): If I heard the Member for Luton, North correctly, he said in his opening remarks that the special representatives were established under article 18 of the 1997 Amsterdam treaty. They therefore came into being under this Government. What can we find out about the special representatives? Who do they report back to? I am particularly interested in the middle east special representatives. We apparently have no shortage of special representatives in the middle east, but I wish to know what is achieved by the EU special representatives there. Is article 11 of the reporting arrangements—on page 147 of the papers—the extent of the EUSRs’ reporting back? How can we as Members find out what has been done in our name by the EUSR in the middle east?
Caroline Flint: The hon. Gentleman is correct. The EUSRs were set up under the 1997 Amsterdam treaty, but the working terms of the common foreign and security policy go back beyond that. The special representatives were seen as a way of expressing those early commitments and providing some practical input.
On the mandate and guidance, and therefore the accountability, the special representatives are appointed by the Council through a joint action and a mandate is normally for 12 months, renewable after review and evaluation. That review and evaluation comes back into the Council. That is one way, also under scrutiny here, in which we lodge the renewal of the individual mandates with the Houses of Parliament. So, there are different ways to assess special representatives’ input and what they are doing, and at various Council meetings that I have attended as Minister we have discussed Bosnia and Herzegovina and other matters.
The special representatives technically report to Mr. Solana, but they also report to the Political and Security Committee and often brief the Council, so there are opportunities for them to report back at a number of different levels, and be scrutinised.
Mr. Clappison: But how can I, as an individual Member of Parliament, find out what the special representative has been doing?
Caroline Flint: The hon. Gentleman could have debates like this, or use other means within the House, for example securing an Adjournment debate or tabling a question. Should he so wish he could also go through various EU organisations. There are different, but not necessarily a shortage of, opportunities to find out.
Kelvin Hopkins: On some of these areas, notably Kosovo, there are seriously different views among EU member states. In particular, Spain is very unhappy about Kosovo being regarded as an independent country because it is concerned about its own unity; others feel similarly. How does the representative deal with the opposing views among member states about areas where they are supposed to represent us?
Caroline Flint: My hon. Friend makes an important point. It is not always easy to find a common position. When the EU has been able to unite, even though there might be disagreements on certain aspects, that has been fruitful. For example, I think that the whole of the EU agrees that we should support development in Kosovo, including the extension of the EUSR mandate and the deployment of EULEX, which is very much supported even though some countries have different opinions on the independence of Kosovo. Sometimes it is about finding common ground, particularly when the peace and stability of a region might be affected by the EU not taking action.
Mr. Francois: Staying with Bosnia and Herzogovina, it has been reported that an Austrian diplomat, Valentin Inszko, has been chosen by EU Ministers as the new EU special representative. If that is correct and he is also to become the international representative—the High Representative—he needs to be approved by the peace implementation council, as the Minister will know. Is this appointment by the Council of Ministers correct? If it is, what timetable does she expect for consideration by the PIC? When would she realistically expect a new High Representative to be in place, given that the situation in Bosnia and Herzogovina does not allow for a vacuum in this important post? That is why, for the avoidance of doubt, I continue to press her on it.
Caroline Flint: There is no confirmed EU nominee. The hon. Gentleman is right to point out, as I think I did earlier, that it is not just the EU that decides this matter. I hope that it can be resolved as soon as possible. The fact that the Foreign Secretary wrote to all heads of member states last year raising the issue of the fragility of the situation in Bosnia and Herzogovina indicates that we want to resolve this matter quickly. I understand that it was a surprise that Mr. Lajcák was to stand down from this position. We are trying to expedite matters but different parties have roles to play. I agree with him that it should be resolved as soon as possible, and I hope that my sentiments go back to those in charge of this.
Mr. Francois: The Minister is right that Mr. Lajcák decided to resign to take up a post as, I think, the Slovakian Foreign Minister. Given the sensitivities in the area, is the Minister able to say anything better than “as soon as possible”, which could be quite a long time? For instance, does she feel that this appointment could be made by Easter? Putting some firmness behind the timetable might provide reassurance to those operating on the ground. Can the Minister provide anything more specific than “as soon as possible”?
Caroline Flint: I cannot give a firm date, but I hope that the matter can be resolved by Easter. As I said in a letter to the Chair of the European Scrutiny Committee, I will keep the Committee informed of the progress on this appointment.
Harry Cohen: In relation to the great lakes, particularly the Congo, does the special representative act as an early warning system if there is foreign intervention by other African countries? Has he acted in that way? How have the Government responded when that has been pointed out?
Caroline Flint: Mr. van de Geer’s mandate as special representative focuses on stabilisation, consolidation of the democratic process in Burundi, constructive co-operation with Uganda and Rwanda in regional matters as well as a contribution to the post-transition phase in the DRC, especially on security sector reform. I understand that Mr. van de Geer has played a full role in the international effort to resolve conflict in this area. The EU was a sponsor of the important conference on peace and security in the Kivu region in eastern DRC in January of last year. The special representative sought to ensure the continued participation of the CNDP political-military organisation in the peace process which followed the conference. He also built relations with Nkunda, negotiated with him and oversaw efforts by diplomats in Goma to raise awareness of the process among militia members. He has clearly been involved with key players. That is part of the role of the special representatives; to be able to network and work with key players in the country and the region to try to resolve some of these conflicts.
Harry Cohen: Keeping foreign forces out and being in touch with them is important and that is welcome, but there are what could be described as refugees in the Congo. The former Government in Rwanda—who were murderers when in Government—are there and form a dangerous, destabilising force. What recommendations has the special representative made to the Government and the EU on how these people should be dealt with? Should they be given some sort of refugee status? What is Mr. van de Geer’s recommendation?
Caroline Flint: I shall seek to find some more detail on that matter during the course of our debate. If I am unable to do so, however, I will be happy to write to the hon. Gentleman on the issue.
The EU and Mr. van de Geer have tackled some of the violence-related issues that have created refugees, particularly sexual and gender-based violence, which is part of the conflict. Furthermore, the Foreign and Commonwealth Office has recently taken more of an interest in how countries’ natural resources can become the source of conflict and misuse, and Mr. van de Geer has looked at that issue as well.
Mr. Cash: I return to Macedonia, where presidential and local elections are being conducted against the background of the previous elections of 2008, which were marred by violence, intimidation and electoral malpractice. The explanatory memorandum states that the new elections will take place in March 2009, and goes on to note:
“If elections are conducted well, we will review the need for a continuing EUSR presence.”
What will be the position if the elections are badly conducted?
Caroline Flint: I am sure that we all hope that that will not be the case. When I visited Macedonia before Christmas, I met representatives from some of its key political parties, which are based on ethnic representation. The case was made that, at the last elections, rather than reporting problems with, or concerns about, the way in which the elections were being conducted through the proper channels, some individuals took actions into their own hands, which led to violence in communities and on the streets. Such a situation is, of course, unacceptable. We all have problems from time to time with elections—even in this country—but there are proper channels through which to process complaints.
In response to the hon. Gentleman’s question, member states agreed to renew the current EUSR mandate until September 2009, partly to synchronise with the recent incumbent’s retirement. Further renewal depends on Macedonia’s progress in the coming months. If democratic and non-violent elections, which are clearly a key aspect of whether a country is making progress, are not forthcoming—it is my heartfelt wish that that will not be the case, and my visit to Macedonia certainly reassured me of that—that will, of course, be taken into account in relation to the mandate’s renewal, and that may well be the case.
 
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