Speech on China

John Howell (Henley) (Con)

I will make a brief contribution. When I was appointed as the Prime Minister's trade envoy to Nigeria, I was called in by the Department for International Trade and told that I would have to develop my own personal policy in relation to China, as I was going to come into contact with the Chinese all the time. Nothing was more exact than that. They are everywhere; they are bidding for all the major infrastructure projects, and doing so in a largely transparent way. That provides an enormous opportunity for us if we can get the terms of the deals right.

It was made clear that it was up to me how that should be handled. Should I see the Chinese as the enemy, as opponents or as potential friends and allies? Because I am that sort of person, I wanted to see them as potential allies. However, doing so means identifying the areas in which we can establish projects with them where we can, effectively, be subcontractors to them.

Sir Oliver Letwin (West Dorset) (Con)

Does it strike my hon. Friend as a little strange that he was given that advice?

John Howell

I do not find it strange in the slightest. It was absolutely accurate. To echo my hon. Friend the Member for Aldershot (Leo Docherty), it is an example of a practical approach to dealing with the Chinese on the ground in an overseas country.

Sir Oliver Letwin

But does it not strike my hon. Friend as a little strange that a country that for 4,000 years was half the world's GDP, and that as our hon. Friend the Member for Aldershot (Leo Docherty) pointed out is reasserting its position now as a quarter of the world's GDP and, by some standards, as the world's largest economy, is one in relation to which our Department for International Trade believes it has to subcontract policy to a trade envoy?

John Howell

No, I do not find that strange at all. It gives me the flexibility I need as the trade envoy to Nigeria to deal with the Chinese in the way that best suits the opportunities that are available. That is certainly what I have done.

As I was saying, I am a friendly sort of individual, and I would like to see relationships built with the Chinese. However, doing that is difficult for a number of reasons. First, I quickly found that, whatever the product is, it is often quite shoddy. Do we want to be ​associated with that? Secondly, I found that no projects can be changed without a reference back to Beijing. That makes it difficult to deal with the projects on the ground as flexibly as I would like. Nobody on the ground has the ability to make the decision.

The last thing that I found, which is by far the most important, is that the Chinese leave nothing behind. When they come over to do a project, they bring an army of people to do it. They do not involve the local community or leave behind anything in the way of knowledge transfer or anything tangible. That is so different from the approach of British companies. For example, Unilever, which I know is a hybrid company, has taken on board the modern slavery agenda, and has largely eradicated these problems from not only the company itself but its supply chain. I have met some of the individual non-governmental organisations that have been involved with that.

My overall feeling is that we should treat the Chinese with caution, and examine the details of projects carefully to ensure that we can add value to the local community. Otherwise, there is no point doing them. There is no point helping to develop a country if we cannot involve people in the project itself.

Speech on Sharia Law councils

John Howell (Henley) (Con)

  I beg to move,

That this House has considered sharia law courts in the UK.

It is a great pleasure to serve under your chairmanship, Mr Hanson. I am extremely grateful to all hon. Members who have turned up on a Thursday afternoon when there is not much business on and at a time of local elections. That shows their devotion to this House and to the subject of this debate.

The genesis of this debate is a report prepared for the Council of Europe in January, at which I happened to speak. The report was led by a paper prepared by a member of the Spanish Socialist party, and it looked at the compatibility of sharia law with the European convention on human rights. I will turn to that topic later. The report singled out the UK, not completely approvingly, for how it approached this issue, as well other countries, such as Greece, which have taken a different approach.

When approaching this issue, I am aware that the charge of Islamophobia may be levelled against us, but it is right that we consider sharia law courts or councils in terms of their conformity with the European convention on human rights, just as we do with other aspects of UK society. I am also aware of "The independent review into the application of sharia law in England and Wales", which was produced in February 2018. The review was chaired by Professor Mona Siddiqui of the University of Edinburgh, and the panel included distinguished lawyers and religious and theological experts. I read that report with great interest.

The Council of Europe called on the authorities of the United Kingdom to do a number of things. I will read them out but comment on only one of them. First, it called on the UK to

"ensure that sharia councils operate within the law, especially as it relates to the prohibition of discrimination against women, and respect all procedural rights."

Secondly, it called on the UK to review the Marriage Act 1949,

to make it a legal requirement for Muslim couples to civilly register their marriage before or at the same time as their Islamic ceremony, as"—

the report claims—

"is already stipulated by law for Christian and Jewish marriages."

As an aside, I am aware that a number of imams are also qualified registrars and can therefore conduct the civil service at the same time as the religious service. Similarly, a number of Catholic priests are qualified registrars. However, I do not think there is a legal requirement for that to go ahead.

Thirdly, the Council called on the UK to

"take appropriate enforcement measures to oblige the celebrant of any marriage, including Islamic marriages, to ensure that the marriage is also civilly registered before or at the same time as celebrating the religious marriage."

Fourthly, it called on the UK to ensure that vulnerable women are provided with safeguards against exploitation and informed about their right to seek redress before UK courts. The Council also called for awareness-raising campaigns to be put in place, to encourage Muslim communities to acknowledge and respect women's rights in civil law, especially in marriage, divorce, custody and inheritance. As an aside, I think there is a lot to be said for emphasising that particular point and ensuring that we indulge in awareness campaigns.

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Nick Thomas-Symonds (Torfaen) (Lab)

I agree with the hon. Gentleman's point about awareness. Like him, I carefully read the independent Home Office report, which said:

"It is this misrepresentation of sharia councils as courts that leads to public misconceptions over the primacy of sharia over domestic law and concerns of a parallel legal system."

Although the hon. Gentleman has been careful with his language, as I would expect, the Order Paper says "sharia law courts", which is precisely what the Home Office report said we should avoid.

John Howell

I realise that the independent report calls them sharia law councils, but we can come on to look at that in the moment. I was reading out the Council of Europe's descriptions, which calls them sharia law courts. We should continue with that, at least for the moment.

The Council's next point was that the UK should

"conduct further research on the 'judicial' practice of Sharia councils"—

to use that term—

"and on the extent to which such councils are used voluntarily, particularly by women, many of whom would be subject to intense community pressure in this respect."

The Council of Europe committee held meetings with Professor Ruud Peters of the University of Amsterdam and Professor Mathias Rohe of Erlangen University in Germany. On 5 September 2017 it held another hearing and the participants included Mr Konstantinos Tsitselikis, professor in human rights law and international organisations at the University of Macedonia, and Ms Machteld Zee, a political scientist and author. Finally, I was pleased that the committee held an exchange of views with Professor Mona Siddiqui, whom I have already mentioned.

Professor Sandberg from Cardiff University has recently said:

"Surely the issue of concern is whether people are pressurised into the form of alternative dispute resolution provided by Sharia councils? The Resolution distinguishes between situations where Muslims submit voluntarily and, alternatively, where they submit under social pressure".

He says that the report does not pursue that any further and:

"That, however, is the nub of the issue."

He goes on to say:

"Where the decision to use a religious authority for dispute resolution is genuinely voluntary on the part of both parties then this should be no more objectionable than any other form of alternative dispute resolution"—

provided that it also conforms with UK law.

As the Council's report makes clear, sharia law is understood as the law to be obeyed by every Muslim. It divides all human action into five categories: what is obligatory, recommended, neutral, disapproved of and prohibited. It makes two forms of legal ruling: one designed to organise society and one to deal with everyday situations. It also has a legal opinion, intended to cover a special situation.

Sharia law, therefore, is meant in essence to be a positive law, enforceable on Muslims. Although most states with Muslim majorities have inserted in their constitutions a provision referring to Islam or Islamic law, the effect of those provisions is largely symbolic or confined to family law. Those religious provisions may have a legal effect if raised in the courts, and a political effect if they intrude into institutional attitudes and practices.

I shall consider the general principles of sharia law in relation to the European convention on human rights, particularly article 14, on the prohibition of discrimination on grounds such as sex and religion, and article 5 of protocol 7 to the convention, which establishes equality between spouses in law. Other aspects of the convention may also have an effect.

In Islamic family law, men have authority over women, because God has made the one superior to the other. It goes on to say that good women are obedient. It encourages women who stray from those norms to suffer punishment. In sharia law, adultery is strictly prohibited, and legal doctrine holds that the evidence must take the form of corroborating testimony from witnesses to prove an individual's guilt. In the case of rape, which is seldom committed in public, there must be four male witnesses who are good Muslims, so punishing the rapist is difficult, if not impossible. In practice, women are obliged to be accompanied by men when they go out, which is not conducive to their independence.

Under Islamic law, a husband has a unilateral right to divorce, although it can be delegated to the wife and she can therefore exercise her right to divorce. Otherwise, she may initiate a divorce process but only with the consent of her husband, by seeking what is known as khula, in which case the wife forgoes her dowry. In cases where the husband has deserted the wife, has failed to co-operate with the divorce process or is acting unreasonably, the marriage may be dissolved, but only by a sharia ruling. While divorce by mutual consent is enshrined in Islamic law, the application must in this case come from the wife, since the husband can repudiate his wife at any time. There is also the question of equal rights regarding divorce arrangements, such as custody of children.

For the division of an estate among the heirs, distinctions are made according to the sex of the heir. A male heir has a double share, whereas a female heir has a single share. In addition, the rights of a surviving wife are half those of a surviving husband. Non-Muslims do not have the same rights as Muslims in criminal and civil law under sharia law. That applies, for example, to the weight attached to their testimony in court, which is discrimination on the grounds of religion within the meaning of articles 9 and 14 of the convention.

The European Court of Human Rights had the chance to rule on the incompatibility of sharia law with human rights in the early 2000s, in its judgment on the Welfare party v. Turkey, which held that

"Turkey, like any other Contracting Party, may legitimately prevent the application within its jurisdiction of private-law rules of religious inspiration prejudicial to public order and the values of democracy for Convention purposes (such as rules permitting discrimination based on the gender of the parties concerned, as in polygamy and privileges for the male sex in matters of divorce and succession)."

In that particular case, the decision by the Turkish constitutional court to order the dissolution of the Welfare party, which advocated the introduction of sharia law, was held to be compatible with the convention, and the Court clearly affirmed the following:

"It is difficult to declare one's respect for democracy and human rights while at the same time supporting a regime based on sharia, which clearly diverges from Convention values, particularly with regard to its criminal law and criminal procedure, its rules on the legal status of women and the way it intervenes in all spheres of private and public life in accordance with religious precepts."

With respect to sharia law itself, the Court expressly stated that

"a political party whose actions seem to be aimed at introducing sharia in a State Party to the Convention can hardly be regarded as an association complying with the democratic ideal that underlies the whole of the Convention".

However, although the Court has ruled that sharia law is incompatible with the convention, that does not mean that there is absolute incompatibility between the convention and Islam. The Court also recognised that religion is

"one of the most vital elements that go to make up the identity of believers and their conception of life".

Accordingly, the Court's relatively firm position should not be taken as a rejection of all elements of sharia or of Islam as a whole, while taking into account the existence of structural incompatibilities between Islam and the convention which, as far as sharia law is concerned, are sometimes absolute and sometimes relative.

It is also likely that a large number of cases concerning the position of Muslim women under Islamic law never come before the ordinary courts or the European Court of Human Rights because women are under enormous pressure from their families and their communities to comply with the demands of the informal religious courts. Such cases give rise to the question whether to use the concept of public order to refuse to recognise, or enforce, discriminatory decisions, even if they are not challenged by the women concerned.

There is currently no single accepted definition of the term "sharia council" in the United Kingdom, where such bodies generally provide advice and attempt to resolve disputes relating to family or personal issues according to the principles of sharia law. However, little is known about their work, which is conducted in private, and decisions are not published, leading to a lack of transparency and accountability. There is also uncertainty about the number of sharia courts operating in the UK. A study by the University of Reading identified 30 groups involved in such activity, and a report by the think-tank Civitas estimated that at least 85 groups are in operation, although that figure also includes informal tribunals run out of mosques or online forums.

Sharia councils provide a form of alternative dispute resolution, something I am very familiar with, having chaired the all-party parliamentary group on alternative dispute resolution for the past three years. Members of the Muslim community voluntarily consent to accept the religious jurisdiction of sharia councils. Marital issues and the granting of Islamic marriage divorces account for about 90% of their work. They also advise in matters of law, including issues of inheritance, probate and wills and Islamic commercial law contracts, and they provide mediation, counselling and religious ruling services.

Sharia councils are not considered part of the British legal system. They are not courts and their decisions are not legally binding. However, despite having no judicial authority, some councils see themselves as authoritative on religious issues, and the power of sharia councils lies in how they are perceived by their communities.

A significant number of Muslims do not have a marriage recognised under British law. Those who do not register their marriage under civil law, and some who have been married abroad, have little redress available to them, as their position under British law is similar to that of unmarried cohabitants who have few financial remedies on the breakdown of their relationship. A significant number of Muslim couples fail to civilly register their religious marriages, and some Muslim women therefore have no option of obtaining a civil divorce. Some women may have no other option but to obtain a religious divorce, for which the judgment of a sharia council is normally required.

Furthermore, even in cases where women have a civil law marriage, some might seek the decision of a sharia council for reasons of self-identity or community standing, or to provide reassurance that they have the religious freedom to remarry within their faith. Those who obtain a civil divorce but not a religious divorce might find it difficult to remarry—a position sometimes referred to as a "limping marriage". One of the experts invited to testify before the committee, Ms Zee, denounced what she described as "marital captivity".

There are numerous reports citing examples of how Muslim women have been discriminated against by sharia councils. Examples of such discrimination include women being pressured into mediation, including victims of domestic abuse; greater weight being given to the husband's account of reasons for divorce; women not being questioned impartially by council members, who are almost all men, and feeling blamed for the breakdown of the marriage; and unjustified requirements to pay back their dowry.

There are also allegations that sharia councils have issued discriminatory rulings on child custody. The Casey review cited claims that

"some Sharia Councils have been supporting the values of extremists, condoning wife-beating, ignoring marital rape and allowing forced marriage."

Researchers were told that

"some women were unaware of their legal rights to leave violent husbands and were being pressurised to return to abusive partners or attend reconciliation sessions with their husbands despite legal injunctions in place to protect them from violence."

The majority of the evidence, however, is anecdotal, as little empirical evidence has been gathered in relation to users of sharia councils. Further research is therefore necessary; I am aware that the Select Committee on Home Affairs has done some work. Mechanisms are required to provide safeguards and ensure that vulnerable women are not exploited or put at risk. Many of the women are not aware of their rights to seek redress before the British courts.

Sharia councils should not be confused with arbitration tribunals. The Muslim Arbitration Tribunal was established in 2007 under the Arbitration Act 1996. It operates within the framework of British law and its decisions can be enforced by civil courts, provided that they have been reached in accordance with the legal principles of the British system. Its legal authority comes from the agreement of both parties to give the tribunal power to rule on their case. In cases where decisions do not conform to the principles of British law, they may simply be quashed. Moreover, the 1996 Act cannot be used to exclude the jurisdiction of the family law courts. The MAT can therefore conduct arbitration according to Islamic personal law on issues such as commercial and inheritance disputes. Many of those issues were considered by Baroness Cox, who promoted the Arbitration and Mediation Services (Equality) Bill in 2011. I will leave hon. Members to look at that.

The independent review was set up because sharia courts were deemed to be discriminating against women, as I have outlined. It has three recommendations. The first is to ensure that civil marriages are conducted before or at the same time as the Islamic marriage, in line with the way in which most Christian and many Jewish marriages are conducted. It also states that there should be a requirement for Muslim couples to civilly register their marriage, and that there be consequential changes to divorce.

I will skip the second recommendation and go to the third recommendation, which is to carry out some regulation of the sharia courts. The Government have declined to do that, for the obvious reason that that would legitimise the courts as part of the judicial establishment, which they have no intention of doing. To go back one, the second recommendation is for a general awareness campaign to acknowledge women's rights and to inform women of those rights, including the fact that arbitration that applies sharia law in respect of financial or child arrangements falls foul of the Arbitration Act.

The independent review sets out several bad practices, including inappropriate and unnecessary questioning about personal relationship matters; asking a forced marriage victim to attend the sharia council at the same time as her family; insisting on any form of mediation as a necessary preliminary; and inviting women to make concessions to their husbands to secure a divorce. Lengthy processes also mean that, although divorces are rarely refused, they can be drawn out.

There are several other faults with the system, such as inconsistency, a lack of safeguarding policies or clear signposting, and the fact that, even with a decree absolute, a religious divorce is not always a straightforward process. Civil legal terms are adopted inappropriately, which leads to confusion. There are few women panel members of sharia councils, and some panel members have only recently moved to the UK, so they have no understanding of the UK system.

It is often proposed that, based on the evidence of discriminatory practices in some sharia councils, they should all be shut down and banned. The main problem with that argument is that a ban cannot be imposed on organisations that can set up voluntarily anywhere and that operate only on the basis of the credibility given to them by a certain community. The evidence that the review heard indicates that women use sharia councils almost solely to obtain religious divorces, for a number of different reasons, such as community acceptance of the divorce and their own remarriage hopes.

It is clear from all the evidence that sharia councils are fulfilling a need in some Muslim communities. There is a demand for religious divorce that is being answered by the sharia councils. That demand will not simply end if they are banned and closed down; instead, that could lead to them simply going underground, which would make it even harder to ensure good practice and would make discriminatory practices and greater financial costs more likely and harder to detect.

The main point is that there needs to be an acceptance of the law of the land, as there is within other communities, particularly the Jewish community, whose members accept that British law overrides their religious law. It is impossible to understand why somebody would enter a sharia court voluntarily, when they know that they are going to be under pressure to conform with whatever is said there. I discussed that with another Minister, who had better remain nameless. She was incandescent about sharia courts and told me to warn the Minister not to give a mealy mouthed response, or she would be after him. I mention that as an aside; I do not want to influence what the Minister will say at all, but that is a good indication that, particularly among women—that Minister was a Muslim lady—the effect of sharia courts is quite controversial. I am glad that the Home Affairs Committee took evidence on the issue.

Question on trade envoys

John Howell (Henley) (Con)

One initiative that preceded the referendum was the appointment of trade envoys. That had nothing to do with Brexit, but it illustrates the point about the enormous opportunity, in particular in developing markets. I happen to be trade envoy to Nigeria. Will my hon. Friend join me in saying what a wonderful job that that initiative does in helping to keep us in the forefront of international trade?

Craig Tracey

My hon. Friend is absolutely right. One of the priorities of the Department for International Trade, in co-operation with the Department for International Development, is to look at how to replicate and increase the effects of the economic partnership agreements. There are with seven in place now, and we want to extend them to 31 other countries, including African and Caribbean ones. The opportunity is certainly out there, and I agree with him wholly.

Quesetion in England's Coastal Path

John Howell (Henley) (Con)

Is my hon. Friend saying that small landowners are facing a disproportionate burden that is not being acknowledged by the big industrial owners of some of the land, and that that is affecting their businesses?

Gordon Henderson

My hon. Friend is right. That is exactly what I am saying, and it goes further: Natural England is not showing any common sense but treating everybody the same, and that is simply not right.

Questionon cross-channel ferries

John Howell (Henley) (Con)

I have continually voted for the deal, as the Secretary of State knows. The insurance policy protects exports from and imports to the UK, so I fully accept what he is saying. Will he join me in trying to get a change to the procurement rules, so that they include a substantial element of alternative dispute resolution to make the whole thing cheaper and quicker?

Chris Grayling

I regret that any big company—particularly in the case of Eurotunnel—would take a decision to pursue a legal action at a time such as this, when the Government are seeking to operate in the national interest. But the law is the law, and we have to fulfil it. I agree with my hon. Friend that alternative dispute resolution is a good way of resolving such matters, when it can be delivered.

Question about Expressway

John Howell (Henley) (Con)

Will the Minister confirm that the Oxford-Milton Keynes-Cambridge expressway started life as a project under the coalition Government, with Liberal Democrats in the Department at the time? Does he agree that the best opportunity to mitigate its effects for local villages is for it to go west of Oxford?

Jesse Norman

I can certainly confirm that the project originated in the coalition Government, and it would be quite disingenuous of any political party that was part of it to seek to distance itself from that decision. Of course, I can make no statement whatever about the direction, since that is the subject of a continued process of consultation and review.

Question in Transport Questions about Henley bus

John Howell (Henley) (Con)

Further to that point, does the Minister agree that we should congratulate Henley Town Council on its provision of a Saturday bus service, which is increasing bus journeys around the town, particularly for the vulnerable?

Ms Ghani

Once again, my hon. Friend is a true champion of his constituency, and he refers specifically to Henley Town Council. When a council has a good relationship and partnership with a bus operating company, decisions about where and how buses should run can be made close to home to ensure that services are run how passengers want. I want buses to be the most convenient, accessible and greenest form of transport across our country. This is not just about funding; it is about good relationships between local authorities and bus operating companies.

Question on Neighbourhood Planning

John Howell (Henley) (Con)

Neighbourhood plans have been around for a long time—indeed, since I helped to invent them in 2011—so may we have a debate to discuss what they have been able to achieve for communities?

Andrea Leadsom

I am glad my hon. Friend reminds us that he was instrumental in writing those local plans. In my constituency, local people have very much welcomed the opportunity to determine what happens, and where and how new development takes place. That is crucial if we are to meet our ambition of ensuring that everybody has a safe and secure home of their own. I encourage him to seek a Backbench Business Committee debate so that all hon. Members can share their views and experiences.

Question in urgent question on ambulatory care

John Howell (Henley) (Con)

Will the Minister recognise that the commitment under the long-term plan to ambulatory care, which is supported by the Royal College of Physicians, is helping patients receive the best form of care service in their own homes?

Stephen Hammond

My hon. Friend is right. At the heart of the long-term plan is the emphasis on primary care and prevention. Providing care for people in their own homes undoubtedly achieves better outcomes for patients and he is right to welcome it.

Speech in debate on Russian annexation of Crimea

John Howell (Henley) (Con) I beg to move,

That this House has considered the Russian annexation of Crimea.

[Geraint Davies in the Chair]

It was a great pleasure to serve under your chairmanship, Mrs Moon, however briefly, and it is a great pleasure to serve under yours, Mr Davies. 18 March 2019 was the fifth anniversary of Russia's annexation of Crimea. It is worth stopping at this point to dwell on the fact that Russia has been allowed to annex Crimea for five years, to carry out military activities in the Donbass, and also to invade two enclaves of Georgia. As I said in my speech in this Chamber in July last year,

"we are dealing with a serial offender."—[Official Report, 18 July 2018; Vol. 645, c. 102WH.]

I will first detail what happened five years ago, move on to the impact of the illegal annexation, then finally examine the current situation in the Azov sea.

On 20 February 2014, Russia's "little green men"—military without insignia—started the occupation of the Crimean peninsula. That began the process of annexation, as soldiers wearing Russian combat fatigues and carrying Russian weapons began seizing important institutions in the peninsula. Russia initially denied that those were Russian soldiers, but later said that they were. As a result of that annexation, a range of sanctions was imposed on Russia by the EU, the US and allies, including economic sanctions such as restrictions on access to financial markets; an arms embargo; restrictions on the export of oil extraction technology; targeted sanctions against certain individuals; and diplomatic sanctions, including exclusion from the G8 and the suspension of voting rights in the Council of Europe. I will return to that last point towards the end of my speech.

The Foreign Secretary has said:

"I condemn the illegal annexation of the Autonomous Republic of Crimea and the city of Sevastopol...five years ago. The UK will never recognise Russia's illegal annexation of Crimea and we call on Russia to end their illegitimate control of the peninsula and their attempts to redraw the boundaries of Europe."

Ambassador Jonathan Allen, who was the UK deputy permanent representative to the UN, has said:

"Russia's aggression towards Ukraine is not limited to the Donbas and Crimea—Russia seeks to undermine Ukraine at every opportunity...supplying the Russian-backed separatists with weapons and calling illegitimate elections—all in breach of the Minsk agreement.

Only this year, in a written answer in the other place, Lord Ahmad said:

"Sanctions imposed alongside our international partners, including the US, in 2014 have had a coordinated impact on Russia by increasing economic pressure to change its Ukraine policy and sending a clear, united message that Russian aggression in Ukraine will not be tolerated. This impact has been strengthened by the continuation and maintenance of 2014 sanctions since their implementation."

There has been widespread condemnation by the UK of Russia's activities, and it is good to see that strong line continuing.

Mr Nigel Evans (Ribble Valley) (Con)

I commend my hon. Friend on the beginning of his speech, which is superb. Does he agree that part of the problem with Russian aggression, and the boldness with which Russia has acted in Ukraine, has been the lack of a proper and effective response when Russia moved into South Ossetia and Abkhazia in Georgia?

John Howell

My hon. Friend makes a good point. Many reasons have been given as to why Russia annexed Crimea, one of which is that keeping Ukraine at war prevents it from joining NATO. That goes beyond being a conspiracy theory; it is something we ought to recognise.

On 16 March 2014, Russia organised a sham referendum in Crimea. That referendum was followed on 18 March 2014 by the so-called agreement on the accession of the Republic of Crimea to the Russian Federation. Voters were not given the chance to choose the status quo in that referendum, which was conducted in polling stations under armed guard. That violated Ukraine's constitution and international law. It is claimed that 97% voted to join Russia, and according to Russian official results, that was on a turnout of 87%. However, it is interesting that later, a member of the Russian human rights council mistakenly posted the real election results, showing that only 55% had voted to join Russia on a turnout of 40%—a very significant difference.

The UN General Assembly produced two resolutions; I understand that we co-sponsored one. Those resolutions called on states and international organisations not to recognise any change in Crimea's status, and affirmed the commitment of the United Nations to recognise Crimea as part of Ukraine. The referendum also violated, among other agreements, the 1994 Budapest memorandum on security assurances for Ukraine. Under that agreement, Ukraine gave up the nuclear weapons that were on its territory in exchange for independence and undertakings given by Russia.

There is no precise data on what effect the illegal annexation of Crimea by Russia has had, but a quick calculation shows that Ukraine has been robbed of the following assets: 3.6% of GDP; 4,000 enterprises; 10% of port infrastructure; 80% of oil and gas deposits; and 70% of potential natural gas deposits in the Black sea.

Bill Grant (Ayr, Carrick and Cumnock) (Con)

My hon. Friend is painting a very bleak picture, but in his introduction, he mentioned sanctions applied to Russia by the United States, the European Union and other allies. Do we have any measure of how effective those sanctions have been?

John Howell

I thank my hon. Friend for that question. Interestingly, in the other place, Lord Ahmad said that those sanctions had been very good at sending a clear and united message that Russian aggression in Ukraine would not be tolerated. However, I am not sure that they have had that much effect in practice: for example, Russia has been able to get round the arms embargo. The only sanction that has had some impact on the state of Russia has been the measure to deprive it of access to the financial markets in London and elsewhere.

I will now examine the impact on Ukraine of the annexation of Crimea, and will first deal with the illegal imposition of Russian law. Contrary to its obligations as an occupying power under the fourth Geneva convention, Russia has imposed its legislation in the occupied territory of Crimea. What is extremely dangerous is that Russian laws have been applied retroactively to acts and events that took place in Crimea prior to its occupation. This is not a dry legal debate; it has severe implications for the people of Crimea. For example, the policy of automatic naturalisation means that all Ukrainian citizens who remained in the occupied territory have had Russian citizenship forcibly imposed on them, which is a big change for them. Moreover, Russia's occupation and purported annexation of Crimea complicated the question of citizenship for children born after February 2014, since it is difficult for parents to register a child as a citizen with the Ukrainian authorities. Eight campaigns conscripting Crimean residents into the Russian Federation armed forces have been held since the beginning of the occupation. During the latest campaign, which ended in December 2018, approximately 2,800 men from Crimea were enlisted, bringing the overall number of Crimean conscripts to almost 15,000. As draft evasion is punishable under Russian criminal law by up to two years in prison, Crimean citizens are de facto forced to enter the Russian armed forces.

The atmosphere of fear, intimidation and physical and psychological pressure has forced 35,000 to 40,000 Ukrainian citizens, including an enormous number of Crimean Tatars, to leave Crimea and settle in other areas of Ukraine. The 2018 human rights report by the US Department of State states that the actual number could be as high as 100,000, as many remained unregistered. To replace those who left the peninsula, up to 1 million Russians have been brought in from Russia and resettled in Crimea.

Religious freedom has also been compromised, with 38 parishes administered by the Orthodox Church of Ukraine closing down in the occupied Crimea. Eight parishes of the Orthodox Church of Ukraine remain on the peninsula, but they have been constantly targeted by the occupying authorities since Russia seized control. It is not just individual churches that are affected. Russia has launched legal proceedings to seize the land where the only Orthodox Church of Ukraine cathedral in Crimea is located. Mosques and the Jewish community have been targeted, too. In March 2014, Reform Rabbi Mikhail Kapustin of Simferopol was forced to leave Crimea after denouncing Russian actions. His synagogue had been defaced by a swastika and, a month later, vandals defaced Sevastopol's monument to 4,200 Jews killed by the Nazis in July 1942.

Russia has set out systematically to eliminate Crimean Tatar and Ukrainian languages and culture. No schools are now left in Crimea with a curriculum entirely in Ukrainian and Crimean languages. Contrary to the 2017 order of the International Court of Justice, which requests that Russia ensure the availability of education in the Ukrainian language, the number of children studying in Ukrainian has decreased from 14,000 in 2013-14 to 172 in the 2017-18 school year.

Russia has banned the highest representative body of Crimean Tatars—the Mejlis—under false allegations of extremist activity. Despite the clear meaning of the 2017 International Court of Justice order to

"refrain, pending the final decision in the case, from maintaining or imposing limitations on the ability of the Crimean Tatar community to conserve its representative institutions",

two years have passed and Russia continues to maintain its ban. Members of the indigenous Crimean Tatar minority, many of whom vocally oppose the Russian occupation, have faced particularly acute repression by the authorities. In 2018, 367 infringements of the right to a fair trial were registered. More than 90 people, mostly Crimean Tatars, have been detained and/or sentenced under politically motivated charges, with some being transferred into Russia across an internationally recognised border. In detention centres, they are being mistreated and tortured as punishment or to extort confessions.

On 12 December 2018, Russia detained the amputee Crimean Tatar, Edem Bekirov. He has diabetes and four shunts in his heart. Since then, he has been denied urgently needed medical care. He now has an infection in the open wound where his leg was amputated. He is not allowed to go outdoors. His blood sugar level and blood pressure have gone up. He sleeps in a sitting position. The Russian FSB rejects his alibi in favour of a secret witness. Recently his detention was extended until June.

From 2014 to 30 June 2018, 42 people were victims of enforced disappearances, including 27 ethnic Ukrainians and nine Crimean Tatars. It is believed that Russian security forces kidnapped individuals for opposing Russia's occupation to instil fear in the population and prevent dissent. The Russian occupation continues to deny access to international human rights monitors to Crimea—access that is in line with United Nations resolutions.

Ukrainian cultural heritage is also under threat. One very big world heritage landmark and four landmarks submitted for consideration to UNESCO are located in the occupied territory. Having illegally announced the right of ownership for 32 historical buildings of the Khan's Palace array, the Russian occupying power has undertaken an unprofessional and incompetent reconstruction. That may seem insignificant in comparison with the life of the individual suffering from diabetes, but it has a personal association for me, as I was an archaeologist before I came into the House and it is sad to see such things happening. The removing of valuable cultural artefacts from Crimean museums to Russia continues.

That is as nothing compared with the Russian militarisation of the peninsula, which has continued at pace. Russia has substantially reinforced and modernised its Crimean military land, air and naval components. The militarisation of Crimea is a threat not only to Ukraine, but to the security of the whole of Europe. At any moment Russia can provoke a military conflict in the Black sea region with NATO.

Angela Smith (Penistone and Stocksbridge) (Change UK)

I thank the hon. Gentleman for giving way. He is a fellow member of the Council of Europe delegation. I have been to Ukraine three times in the past few weeks to monitor the election process, and I was privileged to witness the peaceful transfer of power on Sunday. In many ways and to most people's minds, it was a rather unexpected democratic change in Ukraine. Does he agree that that is something to celebrate? There is clear evidence that the Ukrainian people are embracing the democratic path to change. Ukraine is embracing democratic values. On that basis alone, should we not continue to fully support the country in its assertion of its territorial integrity?

John Howell

I pay tribute to the hon. Lady for her work with us on the Council of Europe. She makes a very good point. It would be so easy for Ukraine, when it is threatened with Russian annexation and military activity in Donbass, to take a very restrictive attitude to the conduct of elections and what they can achieve, but it has not. It has had full democratic elections that have produced a startling change. She is right that we should compliment Ukraine on that election and do all we can to support it.

Mark Pritchard (The Wrekin) (Con)

My hon. Friend has rightly set out a litany of sad human rights abuses and cultural vandalism—not only in Crimea and Donbass, but in South Ossetia and Abkhazia in Georgia, too. Volodymyr Zelensky said in his campaign that he would not see Crimea exchanged for peace in Donbass. Does my hon. Friend agree that he needs to hold fast to that pre-election commitment? When he becomes President in the next couple of weeks, he needs to be robust with Russia and work along with western partners, which was another commitment he made. In seeking peace, he should not seek peace at any cost.

John Howell

I agree. I think we have all looked at the results of the Ukrainian elections with a degree of caution as to what the attitude of the new President will be, but this is not a time to back down from the demands being made for the restoration of Crimea and for an end to the fighting in the Donbass. This is a time for allies to keep making and pushing that point strongly.

Since 2014, Russia has increased the number of troops in occupied Crimea by three times. Armoured vehicles have been increased by five times; artillery by 10 times; jets by five times; and multiple launch rocket systems by 10 times. Most recently, Russia has deployed four battalions of S-400 Triumf missile systems in Crimea, which allows it to cover all of the Black sea, the Azov sea area and most of Ukraine. The Russian Black sea fleet can now fire in a single shot 86 Kalibr, known as "Sizzler", nuclear-capable missiles, able to reach not only Kiev but other EU capitals.

Mrs Madeleine Moon (Bridgend) (Lab)

The hon. Gentleman is giving an amazing speech: a real grounding in the problems faced across the region since the annexation of Crimea. This is not just a problem for Ukraine; as he said earlier, it is a problem for the whole of Europe. He is right about the weapons increase, but the real live-fire risk, towards Europe in particular and against Ukraine on a regular basis, is cyber-attacks.

The NotPetya attack cost the world economy $10 billion. Unless we also pay attention to sandboxing, the cyber-weapons that have been targeted on Ukraine, its infrastructure, airports, utilities and banks, will turn on Europe. They have been demonstrated to be lethal and will start attacking us, particularly as European elections loom.

John Howell

The hon. Lady makes a valid point. I do not underestimate the effect of Russian cyber-attacks not only on Ukraine, but on the whole of Europe. I am not sure what we can do about them, except to make sure that we are strong in resisting them. She has highlighted the key point: that the issue affects all of us. Once an attack has been launched on Ukraine, it can affect the rest of Europe.

What are we to make of the actions of the Council of Europe, which has now produced a motion that makes it easier for Russia to return by not having the credentials of its members challenged? The Parliamentary Assembly of the Council of Europe has not suspended Russia; the decision was taken by Russia in 2015 not to present credentials for its own delegation in response to voting restrictions placed on it by PACE following the illegal annexation of Crimea.

The UK is clear that a Russian return to PACE would be contingent on the withdrawal of all Russian military personnel and support for separatists in eastern Ukraine, as well as an end to the illegal annexation of the Crimean peninsula. I urge the Minister to reject or at least heavily modify the recent recommendation from PACE, which is coming his way as part of the Committee of Ministers and which liberalises the PACE approach.

Angela Smith

The hon. Gentleman is being generous in giving way. Does he not agree with me that the credibility of PACE and all the institutions of the Council of Europe is at stake here? It will be very difficult for bodies such as the Venice Commission to go into Ukraine and recommend legal reform if the Council of Europe is seen to be giving way to Russian threats to withdraw financial support for the institution.

John Howell

I agree. At the previous meeting of the Council of Europe, I moved what seemed like countless amendments to try to make the report that had been produced much better. Unfortunately, they were all defeated, although I pay great compliments to one of our Ukrainian colleagues, Serhii Kiral, who led a brilliant campaign with us at various times during the Council's proceedings. I agree with the hon. Lady that the credibility of the whole organisation is affected.

Mr Ian Liddell-Grainger (Bridgwater and West Somerset) (Con)

As president of the European Conservatives Group, of which Serhii Kiral is a member, I want to echo my hon. Friend's sentiments that he did a phenomenal job. Also, the Ukraine delegation in the Council of Europe, regardless of party—socialists or whatever—are a formidable bunch of characters who really do credit to their nation under the most difficult circumstances. My hon. Friend the Member for Ribble Valley (Mr Evans) is not in his place at the moment, but at the Inter-Parliamentary Union we have had to separate the Russians and Ukrainians because of provocation. The work that the Ukraine delegations do has been remarkable. I pay tribute to Serhii Kiral.

John Howell

I thank my hon. Friend for that tribute, and I agree with it. The Ukrainian delegations have been absolutely fantastic, regardless of politics. They have all stood as one in the Council of Europe and it has been a great pleasure to work with them.

Finally, I turn to the situation in the Azov sea. Stability remains elusive in eastern Ukraine, and Russia has moved to shore up its hold on Crimea. Russia has built a bridge across the Kerch strait, connecting Crimea to Russia. On 25 November 2018, Russian border patrol ships attacked and seized three Ukrainian navy vessels attempting to enter the sea of Azov from the Black sea through the Kerch strait, in a move that looked designed to gain complete control of the sea of Azov.

In December, suspicions that Russia has nuclear arms in Crimea were reported. Such developments suggest that, although the conflict in the eastern mainland regions of Ukraine may be resolved, Russia does not intend to restore Ukrainian sovereignty over Crimea. I am worried that succour may be given to the views I heard coming out of various organisations that both sides in the conflict are to blame. They are not. This is naked Russian aggression. The bridge breaches Ukrainian sovereignty—a particularly dangerous development that we need to condemn.

For all those reasons, the Secretary of State for Defence made a visit to Ukraine before Christmas and we sent a naval vessel to the area—not quite a harking back to gunboat diplomacy, but nevertheless a move that certainly sent a great deal of patriotism through some people's blood. It was meant to send a clear signal to Russia that we will stand by Ukraine, rather than being an act of further provocation.

I understand that we intend to send other Royal Navy ships to provide a more constant British presence. To our Ukrainian friends, I say, "We will support you. I hope that you take that in the intended spirit." This is a terrible tale of a big country throwing its weight around to the detriment of a country, which, as its role in the Council of Europe shows, is playing a full part in western culture while retaining its own identity. This is not a good situation. It has made Europe much more prone to instability and increased conflict. I look forward to the Minister's comments and his continuing commitment to trying to ensure that Russia withdraws from Crimea.