Brendan O'Hara
MP for Argyll, Bute and South Lochaber · Scottish National Party · United Kingdom
“My constituency produces the finest single malt Scotch whisky. From Isla, Jura, Campbeltown, Oban, Mull and Ardnamurchan, centuries of craft have gone into building that hard-earned reputation. This decision to allow lower production standards for English single malt whisky undermines that.”
“We genuinely welcome this statement. The Foreign Secretary has hinted at this, but let me be clear: it is somewhere between heartbreaking and criminal that it has taken three years and 70,000 Palestinian deaths for the UK Government to finally arrive at this position.”
“Now it is in power, I fear that it has chosen to tinker rather than shred. We can see for ourselves the levels of frustration that exist on the Labour Benches, because Labour Members know that this Bill was an opportunity to undo great democratic harms that were caused by the 2022 Act and introduce an entirely new system—one that would ha…”
“During this Bill’s Second Reading back in March, I said that the SNP generally welcomed its introduction, particularly its extension of the franchise to 16 and 17-year-olds. We on the SNP Benches still do. Evidence is always helpful; unfortunately, the right hon.”
“Member for Birmingham Hodge Hill and Solihull North (Liam Byrne), would tighten up cryptocurrency. He explained in an intervention earlier that the Government’s position in the Bill does not go nearly far enough, and we agree. New clause 35, tabled by the right hon.”
“A 15-minute statement on rewiring the state, yet Scotland does not merit a single mention—not even the Cairngorm wildfire. It is becoming increasingly clear that this Prime Minister is almost exclusively focused on pursuing an English domestic agenda.”
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“It also recommended that the UK Government recognise the contribution of rural communities—whether it be through their whisky, tourism, timber or fish farming. In areas such as Argyll and Bute, the contribution made by my constituents to the UK Exchequer through whisky production alone is gargantuan compared with what they receive. Rural Scotland has been hit hard by the cost of living crisis, which is why the people of these islands need the Committee to be set up. They need to have confidence that the decisions that we make here are done with all the available evidence that we can possibly muster. That is what the Committee would do.”
“Nearly 70% of households in my constituency are at risk of fuel poverty or extreme fuel poverty. As the hon. Member for Kilmarnock and Loudoun (Alan Brown) said, 56% of my constituency are off gas grid. To avoid fuel poverty, an average all-electric household would need an income of £72,200. To avoid extreme fuel poverty, they would require an income of £39,600. This is in the context of a median household income of just £33,000. Anyone can see the crisis of fuel poverty that is coming down the line, as indeed there will be with so many of my constituents. The Royal Society of Edinburgh released a paper, “The cost of living: impact on rural communities in Scotland”, which recommended that any piece of legislation related to the cost of living should be “rural-proofed” and I heartily agree.”
“They sold it as a dawn of a new era of freedom and prosperity and of taking back control, but, instead, we live in a time of uncertainty and grave economic hardship, suffered, ironically, by those who bought into the fantasy that Brexit would be good for them and who have been left with the grim reality that Brexit has been a major driver of spiralling food costs, soaring mortgages and lower wages. The pain of Brexit has been felt most acutely in our rural communities—communities such as my Argyll and Bute constituency, which had benefited from decades of EU membership and the support that it gave to our agricultural sector and the market that it provided for our outstanding seafood and shellfish sector. All of us who represent rural constituencies such as Argyll and Bute know that incomes are lower and costs are higher.”
“Member for North East Somerset said: “We are freeing people in this country from red tape because we look at the United Kingdom playing a global role—trading with the globe, being as economically productive as anywhere in the world…That is why the EU is a failing economic option and why we sing hallelujahs for having left it. —[ Official Report , 9 June 2022; Vol. 715, c. 933.] That was the Minister for Brexit Opportunities. I thought at the time that his reply was vacuous and glib. Twelve months on, I see it as deluded, arrogant, negligent and dangerous. If there is one reason why the creation of this cost of living Select Committee is essential, it can be found in that single reply. It was he and his well-heeled City chums who sold the people of England a pup in 2016.”
“Member for North East Somerset (Sir Jacob Rees-Mogg) almost exactly a year ago, when he was Minister for Brexit Opportunities—I try to get through that title without laughing. I took the opportunity to remind him of his 2019 promise that the “broad, sunlit uplands” of Brexit were just around the corner for the British people and British business. Last year, I described the case of a small Scottish cosmetic company, Gracefruit, whose owners had told me that, because of red tape, soaring costs and loss of markets, they no longer had the mental or emotional strength to make a success of what had been a thriving business. Gracefruit was emblematic of so many small and medium-sized enterprises across the islands whose business had been destroyed by Brexit. In his reply to me, the right hon.”
“As much as I commend the work done in Edinburgh, Belfast and Cardiff, it is this place that has to find those solutions. That is why we must, with some urgency, establish this Committee. We must put in motion a process whereby the people of these islands can see and understand why food price inflation is through the roof and why mortgages are becoming increasingly unaffordable for so many. The evidence that will come to this Committee and the reports that will come from it will, we hope, furnish this hapless Government with the facts and evidence they need to see where they are going wrong and perhaps allow them to do something about it. Let us be clear: the economic disaster of Brexit has not just fallen out of the sky. It has not just miraculously appeared. I am reminded of an exchange I had with the right hon.”
“Perhaps the Lib Dems do not want to address this issue and are throwing smoke bombs right, left and centre because they do not want to be reminded that they are where they are because of the dirty deal they cut with the Tories in 2010. I just wish the Lib Dems were here to stand up and face the consequences of it. No one can deny the detrimental impact that increases in the cost of living are having on businesses and families across Scotland and the United Kingdom, and only the most blinkered Brexiteer would deny the role that leaving the EU has had in driving those increases. Unfortunately, the powers available to the devolved Administrations in Edinburgh, Cardiff and Belfast mean that it is this place that must find a long-term solution to this crisis.”
“The hon. Member for Caithness, Sutherland and Easter Ross (Jamie Stone) intervened earlier to complain bitterly that his party was not to be represented on this Committee and that that would be the Lib Dems’ excuse for not supporting this motion. However, as my hon. Friend the Member for Glasgow East (David Linden) said, this is an amendable motion and if the hon. Gentleman felt that passionately about it, he could table an amendment. I wish he was here so that I could remind the Lib Dems that when they proposed the creation of the EU withdrawal Committee, their proposal awarded the SNP precisely zero seats, despite our having the vast majority of Scottish seats.”
“Member will also recall that, for the most part, we were treated with great courtesy and listened to. Our ideas, we believed, would be examined. But then, every single time, the things that we asked for were rejected out of hand. I implore the Minister to please be the one to break that cycle.”
“Yet certainly since I first came here in 2015, these issues have not been resolved and the Government seem utterly incapable of properly getting to grips with them, no matter how many times they are raised. I am sure that the hon. Member for Strangford will recall us going to the Home Office in 2016, 2017, and I think again in 2019, with the representatives of our respective fishing organisations—and indeed, in one case with representatives from the Philippine embassy—to sit with Ministers and try to explain how the chronic shortage of professional seafarers in the UK is having a devastating effect on our communities, and how we desperately needed those professional fishing crews to be allowed to come and work in the inshore fleets, particularly around Northern Ireland and the west coast of Scotland. I am sure that the hon.”
“As always, Mr Vickers, it is a pleasure to see you in the Chair for this afternoon’s debate on visa arrangements for inshore fishing industry crews. It is good that it has brought together Members from Orkney and Shetland (Mr Carmichael), Banff and Buchan (David Duguid) and Totnes (Anthony Mangnall), as well as, obviously my hon. Friend the Member for Strangford (Jim Shannon), whom I thank for bringing this motion before the Chamber and allowing us to discuss it again. I say “again” not to be disparaging in any way. As the right hon. Member for Orkney and Shetland asked, how many times have we discussed the issues surrounding the inshore fleet?”
“Absolutely. Despite having been there so many times in the past, I—and I am sure he, and every other hon. Member here today—would love to be able to sit down again with the Home Office, and with the representatives of these communities and industries, and say, “Please, let this time be different.””
“That is the level we are talking about; that is the reality of the situation on the ground in the west coast of Scotland. Mr McKinnon’s case cannot and should not ever be seen as being unique, because it is multiplied many times over across the west coast. The impact on already fragile rural communities and their economies is enormous. All we are asking for is a level playing field—one that does not penalise small fishing communities simply on the basis of their geographic position in these islands. I ask the Minister, after all of the years, after all the meetings and after all the pleas that have been made from across this House, will he be the one to finally break the cycle, so we can get that level playing field for our small, local, rural communities?”
“Malcolm pointed out that a tied-up boat does not affect just the skipper, his crew and their families through a loss of income; it has a huge knock-on effect on the local community, where businesses rely heavily on each other in a way that perhaps does not exist in more urban areas. He told me that over a 10-week period, the boat would normally have spent money on 80,000 litres of fuel, 50 tonnes of ice and £3,000 of local groceries and supplies, as well as a supply of gloves, overalls and various other items from the chandlery in the local area. He also told me he was in the process of buying a new vessel, but decided to pull out of the purchase because he knew he could not get the crew. In Mr McKinnon’s opinion, the whole of the west coast of Scotland would probably get by on only 300 foreign crew members.”
“Earlier this week, I was in contact with a number of boat owners and skippers in Argyll and Bute. I talked to Malcolm MacKinnon, who owns five vessels in Tarbert. We discussed what the situation on the ground there was, and he told me that because of the chronic shortage of deckhands, his 22-metre fishing boat, The Elegance, has been tied up since 9 April. Malcolm employs hugely experienced skippers, and his opinion is that the requirement for deckhands to be able to speak and understand English may well be reasonable, but the demand that they are also able to read and write English to that level is a completely unnecessary hurdle, and utterly disproportionate to the tasks they will be asked to perform while on his boat.”
“Late last year, the right hon. Member for Dwyfor Meirionnydd (Liz Saville Roberts) spoke of a skipper in her constituency who brought in a vastly experienced Ghanaian fisherman to work as a deckhand, but he could not get past the B1. He could not get past that English language test, and it made a huge difference to not just him, but the boat owner and everyone else on the crew, because they simply could not go to sea. The Minister will be well aware of the article in Fishing News in which the Fishermen’s Welfare Alliance told the paper that “getting fishermen through the B1 English language requirement is now a big issue.” I know that he will be aware of that, because the hon. Member for Totnes just told him that Crew Services Limited said that of the 325 non-UK crew on its books, only six have that certificate.”
“It has already been said that what is being proposed in the skilled worker visa does not create a level playing field at all, as the cost of securing the skilled worker visa is huge. Skippers and owners will have to pay out thousands of pounds getting visas and the ability to bring in workers. While the lowering of the fees and the reduction of the salary threshold are all to be welcomed, as we have heard so often this afternoon, the draconian requirement for applicants to have an English language examination is causing huge problems. For those recruiting deckhands to work on inshore fishing boats, the demand that every worker achieves level 4, B1 in English showing that they can read, write, speak and understand English is almost ridiculously prohibitive. This is not the first time that that has been raised in the House.”
“Member for Orkney and Shetland about his fishing communities having to go beyond the uninhabited islands should be remarkable, but maybe in these circumstances it is not. While on the east coast a large fishing fleet can head out to sea outside UK territorial waters relatively quickly, on the west coast we simply cannot. The problem of geography is essentially creating a huge problem for one of the most important sectors of our rural west coast economy. Historically, the Government’s response has been that it is not their problem to find the solution. While I welcome certain things that have been introduced, history and experience tell me that we will not get much further; I hope that the Minister is the one to prove me wrong.”
“Member for Strangford was correct when he said that there is a complete unwillingness on the part of the Home Office to accept that the 12-mile limit on the west coast of Scotland and in Northern Ireland is vastly different from the 12-mile limit on the east coast, and that a blanket one-size-fits-all policy totally ignores the fact that, for smaller fishing boats working out of Oban, Tarbert, Carradale or Campbeltown, the 12-mile limit stretches far out into the dangerous deep waters of the north Atlantic. We also know that the mainstay of the west coast fleet is the shellfish industry. It has arguably the best langoustine and scallops in the world, which are found in the safer, shallower inshore waters in the Scottish Hebrides. The example given by the right hon.”
“Member for Orkney and Shetland have said, does anyone believe that we would willingly continue on this merry-go-round if there were easy, quick-fix solutions to be found, and if there were locally available crews waiting and queuing up to work on the boats? There simply are not. That is why we have come away from every one of those meetings with the distinct impression that the Home Office, rather than wanting to be part of finding a workable solution, sees its role as being there to police the legislation that is already in place. The hon.”
“I absolutely share the right hon. Gentleman’s frustration. It seems that, no matter who we speak to, no matter when we speak to them, and no matter the strength of the case that we put forward, there just seems, historically, to have been absolutely no desire on the part of the Home Office even to see the problems that the inshore fishing industry has, to view it as an exceptional case, and to understand the Department’s responsibility to help these communities and the industry to find a bespoke solution to their problems. We were repeatedly told that, as far as the Home Office was concerned, it was an issue for the fishing industry and was for the fishing industry to sort out. However, as the hon. Member for Banff and Buchan and the right hon.”
“I appreciate that the Minister is being very generous. It is not about carving out certain parts of UK territorial waters. This affects the entire west coast—certainly of Scotland—and it takes in all of Northern Ireland and large chunks of England. It is not a small tweak that is required, but a complete change in our understanding of what the 12 nautical miles means for both the west coast and the east coast. This is not a tinkering point.”
“claimed to move the closure (Standing Order No. 36). Question put forthwith, That the Question be now put. A Division was called, but no Members being appointed Tellers for the Noes , the Speaker declared that the Ayes had it. Main Question accordingly put.”
“On Saturday, we saw Metropolitan police officers pre-arresting people whose only offence was to want an elected Head of State. Despite their planned peaceful protests being pre-authorised, UK citizens who had committed no crime whatsoever were taken off the streets and detained simply because of their political beliefs. Is that not exactly how this anti-democratic, draconian and authoritarian piece of legislation was designed to work, and is it not proof of what makes the legislation so dangerously wrong?”
“That is why the UK must, at the very least, restore the original ODA funding to Bangladesh. As the hon. Member for Bedford said, not to do so would be short-sighted at best. We and the international community have to deliver, because this is not a Rohingya problem or a Bangladeshi problem but a global problem. We all have a responsibility for putting it right.”
“Did no one ask what would happen to that strategic partnership, and what it would mean for the 360,000 girls who relied on it for education or the 12 million infants who benefited from nutritional support? Did no one ever stop to ask about the knock-on effect that taking away that amount of money would have on the 1 million impoverished refugees? The hon. Member for Birmingham, Erdington was right to say that the UK and the wider international community cannot allow the Rohingya refugees to be forced back into the hands of an oppressive state military whose hallmark is human rights abuses, sexual violence, torture and killings. We cannot allow that to happen because we simply did not support the host nation and allowed it to do all the heavy lifting and pick up the cost.”
“Just how could the Government think it appropriate, justified or humane to pull two thirds of that funding from a poor nation that is caught up in alleviating a humanitarian disaster on its doorstep by providing shelter to 1 million people fleeing genocide? Did no one around the Cabinet table suggest that cutting foreign aid to Bangladesh—one of the poorest countries in the world, as we have heard—was, in these circumstances, a terrible idea that would only hasten further humanitarian crisis? Was no impact assessment done on what would happen to Bangladesh, and on the knock-on effect for the Rohingya refugees, if that money was taken out?”
“That said, we are extremely concerned about the Bangladeshi Government’s joint response plan for this humanitarian crisis. It hints strongly at repatriation efforts, which, at the moment, are voluntary. How long that continues to be a voluntary arrangement remains to be seen. Let us be clear and unequivocal: no one can return to Myanmar until all ethnic minorities are safe from the threat of persecution. Right now, that is a long way off. As the hon. Members for Bethnal Green and Bow and for Congleton said, Bangladesh needs to be supported in what it is doing for its own people and for the Rohingya. That is why it beggars belief that with all the economic challenges currently facing Bangladesh, the UK Government decided to slash overseas aid to that country by 62%.”
“I join colleagues in paying tribute to what the Bangladeshis have done since 2017 in opening their doors and borders to the Rohingya people fleeing that genocide. They have provided an invaluable and crucial lifeline, and I shudder to think what would have happened had they not done so. Of course, we also recognise the pressure that the Bangladeshi Government are under. Theirs is one of the poorest nations in the world, facing its own serious economic problems, widespread poverty and, as we have heard, the climate crisis. Having to deal with a mass influx of 1 million impoverished refugees fleeing genocide adds to that crisis. As the hon. Member for Bedford said, it is little wonder that there is an increasing host fatigue when there appears to be no end in sight as the world turns its attention elsewhere.”
“That is why, no matter how much they may want to escape the hell of the refugee camps in Cox’s Bazar, any Rohingya daring to return to Myanmar right now would be in the gravest danger. Anyone remotely suggesting a forced return over the border is advocating for sending refugees back to Myanmar at a time of increased military activity, authoritarianism, violence and ethnic persecution. That would be an act devoid of any humanity and indeed of any common sense. I agree wholeheartedly with colleagues, and indeed those at Human Rights Watch, who have said that voluntary safe and dignified return is not possible while the military is carrying out massacres around the country. The Rohingya will be able to return only when rights-respecting rule is re-established. Unfortunately, that seems a long way off.”
“They began with excluding ethnic minorities from the political process, limiting social and economic development among ethnic minority groups and curtailing their cultural and religious freedoms. Burmanisation says that the only true Myanmar citizen is someone who is both Burman and Buddhist. That is what is behind the build-up over the decades and the appalling treatment we have seen, because the Rohingya people are non-Bamar and, of course, they are Muslim. Sadly, that mindset has not changed one iota, as we can see by the continued persecution of the Rohingya by the Burmese military. In 2019, the United Nations described sexual-based gender violence as “a hallmark” of the Burmese military’s operations in the country.”
“The threat of displacement, gender-based sexual violence and murder is every bit as real now as it was in 2017, when up to 1 million fled to the relative safety of Bangladesh. I remember five years ago that the journalist and documentary filmmaker Simon Reeve, who visited one of the camps, said it was, “like nothing I have seen anywhere on Planet Earth. This speaks of a Biblical exodus of an entire people terrorised into fleeing.” As colleagues from both sides of the House have testified all too often this evening, he was sadly correct. What we witnessed in 2017 was the deliberate attempt at religious and ethnic cleansing on behalf of the Myanmar military. It had been building for 60-odd years, as the Bamar-dominated military launched successive efforts to Burmanise the country.”
“When the United Kingdom Government slash their foreign aid budget overnight, she also highlighted just what happens when people are left without hope. As we have heard many times in this debate, the Rohingya people are not in Bangladesh because they want to be. They are there, suffering some of the worst living conditions on the planet, because they are fleeing what the United Nations has described as an “ongoing genocide” at the hands of the Myanmar military. They are there because the dire humanitarian conditions, the squalor, the constant risk of fire and the incredible overcrowding of those camps are still better than that from which they are fleeing. Right now, those refugee camps are also safer than what the Rohingya would face had they to return.”
“It is a pleasure to be called in this hugely important debate on support for the Rohingya refugees in Bangladesh. I thank the hon. Member for Bedford (Mohammad Yasin) for securing this debate and the hon. Members for Loughborough (Jane Hunt), for Bethnal Green and Bow (Rushanara Ali), for Ipswich (Tom Hunt), for Rotherham (Sarah Champion), for Birmingham, Erdington (Mrs Hamilton) and for Congleton (Fiona Bruce) for their contributions to it. In particular, I single out the contribution by the hon. Member for Rotherham, the Chair of the International Development Committee, highlighting the stark reality of what is happening to a group of people who are widely recognised as being the most persecuted minority in the world.”
“The unelected—indeed, never elected—brains behind Brexit finally said out loud what they have all been thinking when he said “not only must no more powers be devolved to Scotland, it’s time to reverse the process”. The emboldened lord doubled down when, on Toytown TV, he said that there had been a lot of private messaging from sympathisers in the party saying, “Keep talking—this needs to be said.” Can we therefore have a debate so that the Leader of the House and her colleagues can rally around the noble Lord Frost and his attempts to quell Scottish democracy?”
“Tempted as I am, given last week’s shenanigans, I will make no further comment, save to say that perhaps we should have a Government-led debate on the UK glazing industry and the benefit it would gain from people in glass houses being addicted to throwing stones. However, I will add a thank you, because the more hysterical their attacks on us, the more our membership grows—it is up 3,000 in the past couple of weeks to 75,000. How that compares to the number of members of other political parties in Scotland we will never know, because as far as the Unionists are concerned, transparency is strictly for other people. For all we know, there could be literally hundreds of Scottish Tories running around, and we just would not know. Madam Deputy Speaker, I will tell you who was transparent this week: Lord Frost.”
“Last week, while gleefully celebrating the supposed woes of the SNP, the Leader of the House and her opposite number, the hon. Member for Bristol West (Thangam Debbonaire), pitched their tents so high on the moral high ground that it is a wonder they did not get altitude sickness. But my goodness, life comes at you fast! Seven days on and a bullying scandal has claimed the career of a Tory Deputy Prime Minister, the right hon. Member for Esher and Walton (Dominic Raab), while Labour’s inter-factional warfare continues to spill out into the public domain, with a former shadow Home Secretary, the right hon. Member for Hackney North and Stoke Newington (Ms Abbott), following their former party leader out the door.”
“Brendan O’Hara accordingly presented the Bill. Bill read the First time; to be read a Second time on Friday 24 November, and to be printed (Bill 296).”
“Despite many warm words, the harsh truth is that, if UK domestic law is not strengthened, we will be unable to play a full part in bringing some of the world’s worst criminals to justice. That is why we need proper, universal jurisdiction, and that is why we also need to remove that extra political hurdle of seeking the permission or consent of the Attorney General before we can prosecute for genocide. This Universal Jurisdiction (Extension) Bill aims to address these issues, and help the UK play a full and appropriate role in ensuring justice, accountability and the upholding of international law. Question put and agreed to. Ordered, That Brendan O’Hara, Drew Hendry, Caroline Lucas, Liz Saville Roberts, Kirsty Blackman, Claire Hanna, Patrick Grady, Jim Shannon, Ben Lake, Patricia Gibson and Stewart Malcolm McDonald present the Bill.”
“It has been this determination to pursue universal jurisdiction—genuine universal jurisdiction—that has resulted in the first ever prosecutions and convictions for members of Daesh for genocide. In January 2023, President Biden signed into law the Justice for Victims of War Crimes Act, which greatly expands the scope of individuals who can face prosecution for US war crimes. That Act will assist the Department of Justice in prosecuting alleged war criminals who are found in the United States, regardless of where they committed a crime or the nationality of either the perpetrator or the victim. The law was given extra impetus in the wake of Russia’s invasion of Ukraine, where there is now a growing body of evidence of war crimes being perpetrated by Putin’s army.”
“Not one of them has been held to account for the mass graves that are still being uncovered in Sinjar, and not one of them has been asked to explain the fate of the 2,700 Yazidi women and girls who are still unaccounted for. They have all gotten away with genocide. But it does not have to be this way. Many of our friends and allies have changed their law to meet the changing situation. In Germany, the law is unambiguous, saying that universal jurisdiction will apply to all criminal offences against international law. That means, regardless of where an offence was committed and whether it involves a German citizen, an accused person can be tried before a German criminal court.”
“They were all complicit in the horrific atrocities, the killings, the rapes, the sexual enslavement of Yazidi women and girls, and much more—so much more, indeed, that this House unanimously declared in April 2016 that Daesh atrocities did indeed constitute a genocide. The UK Government also estimate that 400 British Daesh fighters are now back in the UK, yet only 32 of those returnees have been convicted for terror-related offences, or less than 10% of the returnees. Not one—not a single—Daesh fighter has stood trial in the UK for the rape and sexual enslavement of Yazidi women and children. Not one of them has been charged with torture or the forced recruitment of young boys into the ranks of Daesh fighters.”
“That is not just because we operate this extraterritorial jurisdiction, but because under current law, proceedings for international crimes cannot be brought without the consent of the Attorney General. Ultimately that means that decisions to prosecute these crimes will be a political decision. Consequently, the UK cannot possibly play as meaningful a part in ensuring justice and accountability as it should. That may go some way to explaining why, to this day, British courts have not prosecuted anyone for their involvement in genocide, despite the fact that we have suspected perpetrators residing in the UK from both the Rwandan and the Yazidi genocides. Even by the Government’s own assessment, almost 1,000 British nationals travelled to Syria and Iraq to join Daesh.”
“There is no convincing explanation for the distinction that is drawn between the law on torture and those other international crimes. One consequence of the loophole might well be that Russian generals with blood on their hands could still travel to the UK, go shopping in Knightsbridge, undergo medical treatment and dine out in London’s best restaurants without facing the risk of arrest for the most serious and heinous crimes in the world. The foundation argues that that must change, and I wholeheartedly agree. In this changing world, it is becoming increasingly clear that the UK’s position on universal jurisdiction is simply not fit for purpose.”
“I understand that among that report’s key recommendations will be that the UK Government amend section 51(2)(b) of the International Criminal Court Act 2001 to remove the requirement that for genocide, crimes against humanity and war crimes, the crime needs to have been committed either in the UK or, if committed outside the UK, by a UK national or resident for our courts to have jurisdiction. The report will argue instead that the UK should provide jurisdiction over those international crimes committed anywhere in the world, even when that offence bears no relation to the UK. As the Clooney Foundation for Justice report will set out, our courts already have universal jurisdiction when it comes to torture and certain other war crimes, which can be prosecuted regardless of the defendant’s nationality.”
“Many people are working right now on how the UK should change its definition of universal jurisdiction. I put on record my thanks to Dr Ewelina Ochab of the International Bar Association’s Human Rights Institute for her invaluable assistance in putting the Bill together. I also thank the Clooney Foundation for Justice, which has done an enormous amount of work on this topic in recent months, and which will in the next couple of months release its own report on universal jurisdiction in the United Kingdom.”
“The main problem with the 2001 Act is that even with the most heinous crimes, if they were committed outside the UK, they can be prosecuted here only if the accused person is a UK national, a UK resident or subject to UK service jurisdiction. While some may say that the UK does have universal jurisdiction when it comes to such crimes, the reality is that what we have in the UK could best be described as a system of extraterritorial jurisdiction. That is what the Bill seeks to remedy, so that we instead have a real and meaningful system of universal jurisdiction for those crimes of genocide, crimes against humanity and war crimes. That is important, because given what is happening in the world right now, this is a live and pressing issue, whether in Ukraine, Myanmar, Xinjiang, Tigray or many, many other places.”
“In short, the Universal Jurisdiction (Extension) Bill is about saying to the world’s worst criminals that there is no hiding place and there will be no immunity. Under international law, states are required to investigate and, if necessary, prosecute certain crimes under the principle of universal jurisdiction. It is the international community’s way of recognising that there are crimes so grave that we all have an inherent responsibility and collective interest to ensure that they are prosecuted. The Bill seeks to help the UK meet its international responsibilities by amending the International Criminal Court Act 2001. Although that Act gives courts jurisdiction over war crimes, genocide and crimes against humanity, it is still woefully deficient in providing what we would want from legislation claiming to operate universal jurisdiction.”
“I beg to move, That leave be given to bring in a Bill to provide that offences of genocide, crimes against humanity and war crimes may be tried in the United Kingdom regardless of the nationality or residence of the offender; and for connected purposes. The Universal Jurisdiction (Extension) Bill would tighten existing legislation on how we bring to justice those responsible for the world’s most heinous crimes. The Bill would allow legal systems across the UK to do that, irrespective of where the crimes were committed, regardless of the nationality or location of the perpetrators or victims, and without having to consider whether the accused person or the victim had any specific connection to the UK.”
“My constituent Jennifer McLellan and her four young children, aged between two and 15, are currently hiding in Khartoum. Yesterday Jennifer reported a significant lull in the fighting just as other foreign nationals were being airlifted out of the city by their Governments. She wants to know whether that lull was coincidental or whether the UK has missed a critical window in which to get its nationals out. She has been back in touch in the last couple of hours, having heard rumours that the Royal Navy could be heading to Port Sudan. She wants to know whether those rumours are true. In the absence of consular staff, how will she and her family, and others, be evacuated from Khartoum to Port Sudan?”