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The Chairman: We have nine minutes left. Four members have indicated that they wish to speak, and they have two bites each at questions. We will just about get those questions in, providing that they are short and that the Minister responds equally briefly.
Mr. Francois: May I ask one last question on Bosnia and Herzegovina? Will the Minister place in the Library a full copy of the Solana-Rehn joint report to EU Foreign Ministers on the situation there, which I suspect Mr. Lajcák will almost certainly have contributed to before he gave up his position?
Caroline Flint: I will seek to respond to that before the end of the sitting. I must check the status of the publication of that report.
Mr. Francois: My second point is not so much a question for the Minister as one for you, Mr. Hancock. As I understand it, according to the Standing Orders by which the Committee is governed, you have it within your gift to extend the questions by half an hour. That then comes out of the time that we have for debate. Bearing in mind that we are still going strong and there are 11 different countries or areas that we are entitled to ask the Minister about, and that the European Scrutiny Committee recommended these papers to be debated, perhaps it would be to the benefit of the Committee for you to use your discretion. To put it bluntly, can we have Hancock’s extra half hour?
The Chairman: I make the jokes here, Mr. Francois, but eight out of 10 for effort. Let us see what we are doing at 5.30 pm. If hon. Members are still eager to ask questions, we will proceed a little longer.
Harry Cohen: What is the EU special representative’s attitude to Republika Srpska? Does he have a special attitude and policy in relation to that, as opposed to the rest of Bosnia and Herzegovina?
Caroline Flint: I do not think that there is a particular attitude. The special representative has been given a mandate that covers EU policy objectives in Bosnia and Herzegovina. That includes progress and implementation of the general framework agreement for peace in that country in accordance with the office of the High Representative for the mission implementation plan and the stabilisation and association process to ensure Bosnia and Herzegovina’s journey towards EU membership. He follows the direction of the EU, which is to work with all parties towards a peaceful conclusion. I cannot comment if my hon. Friend is asking about the personal view of the current special representative, but his role is to work with all parties to broker a good outcome. We heartily endorse and agree with that.
Harry Cohen: In the long term, does the Minister accept that it is not appropriate to have a separate entity and that there should be moves towards integration? That will clearly require a lot of talks, including some with Serbia and perhaps even Russia. Has the EU special representative worked on any plans for integration in the long term?
Caroline Flint: The High Representative is mandated to oversee the implementation of the Dayton peace agreement, and we should remind ourselves that the agreement, back in December 1995, ended nearly four years of war and considerable violence. The EU special representative’s role ensures a co-ordinated and coherent EU approach. Part of the complicated task of dealing with a number of countries in the Balkans is how we acknowledge different ethnic groups and their concerns and anxieties about how we enable forms of government that allow devolution while also having overarching responsibility for some issues on a national basis.
We are committed—I do not think that this commitment is shared only on the Labour Benches—to recognising situations that might descend into an ethnic, nationalist battleground. We could end up going back to those very dark days of violence and ethnic cleansing, and we are still dealing with the sensitivities to which they gave rise. Progress has been made, and we should fight for the bigger vision for people in those countries—ordinary families who want peace and who want to be reassured that irrespective of their particular ethnic identity, they will be treated equally before the law and be protected by it and its institutions. We endeavour to do that, whether through our own actions as a sovereign country, or through the EU and its representatives.
Kelvin Hopkins: Some time I ago, my right hon. Friend said that there might be occasions when we would disagree with the special representative’s view, and in difficult areas, that could be serious. Britain traditionally has a strong, defined foreign policy, which I do not always agree with—the Iraq war, for example; indeed, there was a major division in the EU about that. When such occasions occur, what precisely happens? Will the special representative say, “Britain is a semi-detached member of the EU, so don’t worry too much about its view. This is the EU’s view”, or will he say, “We have to bear in mind that there are differences of view, and that Britain, which is a strong member of the EU, has to be respected in its view in such difficult matters”? Which is the approach?
Caroline Flint: As I said, the mandate of the special representatives has to be decided by all members of the EU. That is why it is important that the mandates are adhered to, because they represent the collective expression of something that all 27 member states can agree on, while there might be differences of opinion regarding other areas of the foreign policy towards those countries. That is important because it allows the representative to work with different partners in a collegiate and positive way, and it also helps the representative not to be distracted from those areas on which he should focus. All I can say is, in the past four months or so since I have been in my job, I have not had an occasion so far—touch wood—where the actions of a representative, particularly in the areas that I cover in Europe, has caused me undue concern. Supporting the representative has sometimes concerned me, and that is one of the reasons why my right hon. Friend the Foreign Secretary wanted to raise the profile of the situation in respect of Bosnia and Herzegovina.
The Chairman: The allotted time for questions is almost over, but several hon. Members who still want to ask questions. It is my decision to extend that time for another 15 minutes to enable those questions to be asked. I am sorry for interrupting the Minister. She may conclude her answer now, and we will satisfy Standing Order No. 119(9).
Caroline Flint: I hope that I have answered the question to the satisfaction of my hon. Friend.
Mr. Cash: The Minister may remember or may have been told of my considerable opposition to the Maastricht treaty. She may know that, under the provisions of that treaty, joint action plans operate by majority, which was one of my concerns. In the light of what the hon. Member for Luton, North said, it would no longer remain a matter for the United Kingdom explicitly to do or say anything, if a joint action plan led to majority voting arrangements that might decide against what the United Kingdom wanted to happen. I do not know if the Minister will agree, but it is a matter of concern to me that that should still be the case.
Would the Minister be kind enough to let me know what fundamental rights are being referred to on page 12 of the papers that we are considering? Item 28 states:
“Fundamental rights analysis: No fundamental rights issues apply.”
Which fundamental rights are being referred to? What is the basis for them in law?
Caroline Flint: I shall come back to the second part of the question, on fundamental rights, after seeking more guidance during the debate.
It has been suggested—the hon. Gentleman is probably among those who suggested it—that the work we do in the European Union wipes away the autonomy of the nation states of Europe and must limit what the UK can do unilaterally. I do not believe that to be true. We have had a CFSP since 1992—Maastricht—and, as we talked about earlier, the special representatives since 1997, which have not limited our independence. It is in our interests to work with EU partners and institutions to strengthen that. Mr. Solana and his representatives do not have a free hand, they are mandated by the Council through a joint action plan to carry out responsibilities that we want them to do in support of the CFSP. In those joint actions, we have not had a problem with the mandates being counter to the interests of the UK, but have been given an additional presence on the ground, helpful to our unilateral actions that we want to take as a sovereign country.
Mr. Cash: The Minister’s answer was rather like ectoplasm. She managed to avoid the question of whether we would be bound by the majority vote that took place under the joint action plan. I ask again, how would we be able to insist on our own opinion, if we had one in any such matters, where we were legally obliged to comply with a majority vote in the Council of Ministers, if it was taken under the plan?
Caroline Flint: I shall attempt to answer more fully later in the debate, but I can answer a point the hon. Gentleman raised earlier, on referendums in Macedonia, Bosnia and Kosovo. As far as we are aware, there have been no proposals for referendums on EU membership in any of the three countries, but I shall check whether that understanding is correct and confirm that in writing to the Committee.
Mr. Francois: I hope that the Minister enjoys the ectoplasm that she has apparently just experienced.
It has been reported in the Pristina daily, Koha Ditore, on 27 February that the European Union Rule of Law Mission—EULEX—spokesman, Christophe Lamfalussy, stated that Britain plans to reduce the number of its committed personnel due to the financial crisis. As that is an important issue in Kosovo, I wonder if the Minister is in a position to deny that report?
Caroline Flint: We remain fully committed to the civilian European security and defence policy missions as a key tool for managing international crises. However, the increased costs of international peacekeeping mean that we need to prioritise carefully the money that we spend on all UK programmes, including secondments to EU policing missions. We shall look at how we focus on that and, in due course, will make any necessary announcements and report to the House.
Mr. Francois: I am slightly concerned by the Minister’s reply. All I was waiting for her to say was, “No, it’s not true,” but instead I got a classic civil service answer. Although we all have to live within our means, Ministers should look carefully at and reconsider a winding down of our commitment in the area. Can she give me any comfort on that point?
Caroline Flint: Of course, we think that the situation in Kosovo is important, which is why we were at the forefront of the work to enable an environment in which the EULEX deployment could take place. I think that that will be rolled out before the end of the month. We remain strongly committed to the pursuit of that in Kosovo, and, as the hon. Gentleman will know, we already contribute seconded personnel to EULEX in key roles. When I am in a position to do so, I shall report further on those issues, which we consider to be an important part of our contribution. I hope that he agrees that, in terms of our personnel, strategic and other inputs, the UK contributes enormously to the success of operations in many different situations around the world—whether in civilian or military matters.
Harry Cohen: What have been the recommendations of the EU special representative, especially the most recent ones, to ensure the safety of the people of Darfur?
Caroline Flint: May I return to that point shortly? I want to take another question.
Mr. Cash: Is the reference to fundamental rights a reference to the charter of fundamental rights, which we discussed in our debates on the Lisbon treaty?
The Chairman: We will have to be careful, because the Minister is coming back to so many questions that she will run out of time.
Caroline Flint: As I said earlier, I shall refer to the fundamental rights later. I am not sure that it does refer to the charter of fundamental rights, but I shall check on that in response to the earlier question.
My hon. Friend the Member for Leyton and Wanstead raised a point about refugees from Rwanda. We are looking for ways to step up our efforts to help Rwandan refugees return, especially demobilised members of the Democratic Liberation Forces of Rwanda—FDLR—and we are looking to Mr. van de Geer to support us in that activity. In answer to the question on majority voting raised by the hon. Member for Stone, we are always confident of being in a majority in such a situation, but I understand that, in practice, common foreign and security policy is generally decided by unanimity. I am not aware of any EU special representative joint action being decided by qualified majority voting, but I might be wrong, so I shall check it out. I think that the desire is for considered support through unanimity.
Mr. Cash: The Minister will appreciate that anybody can cobble together an agreement without a vote; in fact, that happens in the EU the whole time. I dare say that she will understand my commenting on the fact that that is one of the reasons it gets into such a mess.
Caroline Flint: I disagree that it is in such a mess. Efforts made have proved the worth of such engagement and its contribution to what individual Governments perhaps cannot do.
Mr. Francois: I turn to the great lakes and Congo. How closely does the UN special representative work with the UN special envoy Obasanjo? Are there any conflicts between EU and UN policy or activity on this very important region?
Caroline Flint: I am not aware of any conflicts, and as far as I am aware, Mr. van de Geer works with all representatives to the best of his ability.
Mr. Francois: When, in the past 12 months, has the EU special representative been requested to help in the negotiation and implementation of peace and ceasefire agreements? Specifically, what role did the EUSR play in the latest round of talks in Nairobi regarding the situation in Kivu?
Caroline Flint: As I said earlier, the EU was one of the sponsors of the conference on peace and security in the Kivu region in eastern DRC in January 2008. The special representative sought to ensure the continued participation of the National Congress for People’s Defence—CNDP—in the peace process that followed the conference. As far as I understand, he has played, and continues to play, a full role in the international effort to resolve the conflict. On the question about meetings, I shall endeavour to provide that information later, either during the debate or in a letter.
 
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