Immigration (Designation of Travel Bans) (Amendment) Order 2011
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Baroness Falkner of Margravine
My Lords, I thank the noble Lord, Lord Hunt of Kings Heath, for giving us an opportunity to exercise our scrutiny function rather better by putting some very apposite and relevant questions on the table about the statutory instruments. We Liberal Democrats welcome the imposition of a travel ban on Muammur Gaddafi and his family and certain other Libyan government officials, which has allowed the implementation of the UK’s obligations under the UN Security Council resolutions in response to the situation in Libya.
I, like the noble Lord, Lord Hunt, am concerned about the practical implication of the implementation of these statutory instruments. We undoubtedly agree that we must guarantee that the excluded persons watch-list, which will be used both by staff overseas and at UK ports, identifies accurately people who are not to be admitted to the UK, and I hope that any individual who is subject to the ban and who entered the UK by deception, and so is in breach of the travel ban, will be identified and treated as an illegal entrant and will be subject to appropriate action before the jurisdiction of the International Criminal Court, if that applies. I say that advisedly because, having looked at the list of people who are covered by the United Nations travel ban, and given that the International Criminal Court’s criminal prosecutor is expected to make an announcement in September, the months leading up to then will be when these people will attempt to flee to safe havens if they choose to do so.
I am concerned to read that the ban could also be lifted in very limited circumstances, and I wonder whether the noble Lord the Minister will tell us in what circumstances the ban could be lifted here in the UK and what procedures we would go through for it to be lifted. I also wonder whether there has been any record of an individual who is as yet subject to the travel ban and who has been arrested in the UK or who is known to have connections to the UK and might already be here.
On the asset-freezing regulations, I thank, through the Minister, his noble friend Lord Green of Hurstpierpoint for his extensive response to me, in a letter dated 1 April 2011, on the travel order. It clarified a lot of my questions about how the asset-freezing regulations would be implemented in the UK. I am further pleased to note that the UK asset freezes will not be limited to assets that are held only in the name of Muammur Gaddafi, that there are several other designated individuals and that the list continues to be updated.
The issue for me is the extent to which Libyan state entities, or entities that have links to the Libyan state but that might not be official state entities, should be regarded as directly or indirectly owned or controlled by the Gaddafi family acting on behalf of, or on the direction of, members of the Gaddafi family. I know that the Treasury has issued guidance that the financial sector and other persons should bear in mind that Muammur Gaddafi and his family have considerable control over the Libyan state and its enterprises in deciding how to conduct proper due diligence over any transaction that involves Libyan state assets. Although we welcome the guidance, I have to say to the Treasury—I have raised this previously—that it seems to us that UK financial institutions are not really clear as to how to deal with freezing the assets of individuals rather than of readily identifiable state organisations or commercial enterprises. That issue has gone on over the years and I would like to record some concern that Treasury guidance does not seem to be more specific. You speak to people in the banks who tell you that they have very limited means of identifying individuals because the money is laundered in so many different ways before it arrives here. Perhaps we need to invest, through HMRC or some other body—I cannot identify the body—a little more in clearer intelligence about all those front organisations that use the City of London and other European centres to launder assets.
I conclude by saying that it is important to know that those sanctions and regimes differ from one another and from a US sanctions regime, and that people who are involved in moving their assets around, particularly when there are these sorts of asset freezes, are capable of hiring smart white-collar advisers to tell them how to buck the rules in one regime to another. I hope that here in the UK, not least to safeguard our reputation on money laundering, the Government ensure that companies monitor the position and keep abreast of new legislation, new designations and potentially new licences.
Earl Attlee
My Lords, I am very grateful that the noble Lord, Lord Hunt, has asked the Committee to consider the travel ban amendment order and the Libya (Asset-Freezing) Regulations that were laid in February. Normally such technical measures attract little comment, but as the noble Lord says, they concern important matters of public policy. It is therefore only right that the Committee has the opportunity to learn more about the scope and purpose of such amendments and instruments and to question the Government about the circumstances that give rise to them.
These instruments are part of the Government’s wider strategy to put pressure on the Gaddafi regime through the full implementation of the relevant UN Security Council resolutions and EU instruments. Noble Lords were able to explore something of this wider strategy on 26 April when my noble friend Lord Howell of Guildford repeated the Statement made in another place by my right honourable friend the Foreign Secretary. I have no doubt, given the fast moving and appalling events unfolding in north Africa and in the Middle East, that there will be many such further opportunities to question the Government about our country’s response. I am therefore sure that noble Lords will understand if I say that on this occasion I intend to focus on the subject of the noble Lord’s Motion rather than on the wider strategy. I should also point out that yesterday the EU imposed sanctions on 13 Syrian officials, although I am not yet fully briefed on those sanctions. However, the Government will make similar UK orders using the same methodology as the Libyan regulations.
Noble Lords will be aware that UN Security Council Resolution 1970 was issued on 26 February as the international community’s response to the gross and systemic violation of human rights and international humanitarian law in Libya and the crimes that were and still are being perpetrated by Gaddafi and his supporters on his own population. The resolution placed a number of obligations on UN member states. Two of these—on travel bans and asset freezing—resulted in the implementing measures that were laid before the House in February and which the noble Lord, Lord Hunt, has brought to the attention of the Committee. Before saying something about these measures, noble Lords may be aware that they were the first of several travel ban and asset-freezing instruments that have come into force since the end of February in response to events in Libya. There have been a total of three travel ban amendment orders.
Taking the measures listed in the noble Lord’s Motion in turn, I shall first address the travel ban order. When travel bans are imposed on particular named individuals as part of a UN Security Council resolution or EU Council instrument, the UK is obliged, except in very limited circumstances, to refuse these individuals entry to or transit through the UK. There are a number of ways of achieving this. The most effective way is for the Government to add the resolution to the schedule of the Immigration (Designation of Travel Bans) Order 2000. That is done by means of an amendment order.
Lord Hunt of Kings Heath
My Lords, I am very grateful to the noble Earl, Lord Attlee, for that and to the noble Baroness, Lady Falkner, for her contribution to the debate. Let me start by making it clear that we support the two instruments before us and the other two that are associated. I was not expecting the noble Earl to give a detailed assessment of the Government’s overall approach to Libya and to the situation, but I take his point and I am sure that it would be welcomed should there be further opportunities in your Lordships’ House for debates on these matters over the next few weeks and months. I have also noted that we might expect orders in relation to 13 individuals in Syria—I think that that was what the noble Earl said—following action—
Earl Attlee
My Lords, I now understand that the instruments will come into force at 6 pm tonight.
Lord Hunt of Kings Heath
My Lords, I was just going to say that I welcomed that information, and the fact that action has been taken in this area. The noble Earl has also explained the reason for departing from normal practice in laying the travel bans order. I have no problem with that. He made some very interesting comments about the proportionate application of the asset-freezing regulations. I say again that I fully understand the reasons for that proportionate approach. I hope that his department will be able to monitor that effectively, as experience shows that proportionate application sometimes leads to gaps that people can find their way through. Therefore, it would be good if one could be assured that these matters will be kept under review. I was glad that the noble Earl was able to report that no particular practical measures have so far surfaced in relation to the instruments before us. Overall, I am grateful to him for the information that he has given us.
Earl Attlee
It might be helpful if I clarify the position slightly. The asset freeze comes into force at 6 pm tonight, not the travel ban—that will come later. However, I do not advise the designated people to try to travel to the UK.
Lord Hunt of Kings Heath
I am sure that we are all reassured by that clarification.