Commonwealth Heads of Government Meeting 2018

Baroness Anelay of St Johns Excerpts

Thursday 22nd March 2018 Lords Chamber

[Baroness Anelay of St Johns (Con)]

My Lords, I thank my noble friend the Minister for setting out so clearly the UK’s ambitions for CHOGM, and I am grateful to my noble friend Lord Howell and his Select Committee for their report. Clearly, we are all looking forward to seeing London and Windsor host CHOGM next month and to hearing how the Commonwealth plans to work towards a common future. It is an important network to promote shared values and interests. It can indeed be a force for good around the world by promoting freedom, democracy, human rights, development and prosperity.

The questions we should address today are: just how good is it at being a force for good; and how can we ensure that this year’s CHOGM turns warm words into real action? When giving evidence to the Select Committee, Tim Hitchens stated that, as chair in office over the next two years, the UK would,

“make sure that the things that are promised in London are delivered on time, and that, if they are not, people are held accountable”.

How do the Government intend to fulfil that commitment?

Today I will focus on two areas of human rights in particular: gender equality and LGBTI discrimination. Last week I went to New York to attend the UN Commission on the Status of Women. It is the principal global intergovernmental body exclusively dedicated to the promotion of gender equality and the empowerment of women. When I look at the three-day programme for the Commonwealth women’s forum, I see that it covers exactly the same issues as we tackled in New York. That is good, not bad. It means that the Commonwealth is indeed reflecting global concerns, such as achieving gender equality and economic empowerment of all women and girls, gender parity in education, ending violence against women and girls, women’s peace and security, and women’s leadership. It is indeed an encouraging agenda.

It is vital that the Heads of Government not only listen to the views expressed in the fora, but then act to implement policies that reflect them. It was a pleasure last week to hear my noble friend Lady Williams of Trafford, Minister for Equalities, talk about the importance of women achieving financial independence. She told us about Innovate UK, a funding competition and support package to encourage more female-led innovation and start-ups. Are we in discussion with other Commonwealth countries to encourage them to do the same?

Earlier this year, I was delighted to hear my noble friend the Minister announce that he and the Foreign Secretary will focus on ensuring that girls in the poorest countries of the world receive at least 12 years of quality education. Have we had discussions with Nigeria about this challenging objective? I focus on that country because last week in New York we were advised that there are more girls out of school in Nigeria than in any other country in the world, even though the Government there want to make progress. The Nigerian ambassador acknowledged that conditions in his country have made girls and women particularly liable to exploitation and abuse, and that in some communities girls of primary school age are forced to sell goods on the streets instead of attending school. On my visit to Abuja and Kaduna, I was aware that valuable work on these challenges was being carried out by DfID and our excellent high commissioner, Paul Arkwright. That was just over years ago, however; I am out of date and would value being updated by the Minister on what is happening now.

I turn now to the issue of decriminalising same-sex relations, which should be an important objective of our work within the Commonwealth family. Thirty-six Commonwealth countries continue to criminalise same-sex relations, and more than 90% of Commonwealth citizens live in an area that criminalises LGBT people. Paul Dillane of the Kaleidoscope Trust believes that the economic argument has proved the winning one thus far in Mozambique, Seychelles and Nauru—the Commonwealth countries that have voluntarily decriminalised homosexuality in the past three years. In Nigeria, however, there currently seem to be no prospects for reform. Indeed, the original penal code prescriptions inherited from us have, I understand, been strengthened by harsh new legislation. Have the Government discussed these developments with the Nigerian Government so that we can understand better why they have occurred and help them to find a way of moving towards decriminalisation?

The good news is that the Commonwealth People’s Forum programme at CHOGM has a session on legislative reform in the Commonwealth and it is co-curated with the Commonwealth Equality Network. Last year, the Commonwealth approved the accreditation of TCEN—the first time an LGBTI-focused organisation has been officially accredited by the Commonwealth. I met TCEN representatives earlier this year and I am grateful to them for updating me on their pre-CHOGM work. What discussions have the Government had with TCEN recently, for example about the Commonwealth People’s Forum events, and what support are we able to give to the proposals they put forward?

Finally, I pay tribute to Her Majesty the Queen. She has been steadfast in her support for the Commonwealth. She has helped it to develop from just seven members in 1952 to the global organisation of 53 countries today, spanning every continent, all the main religions, and almost a third of the world’s population. It is a remarkable achievement that everyone can celebrate.

Sudan and South Sudan

Baroness Anelay of St Johns Excerpts

Monday 11th December 2017 Lords Chamber

[Baroness Anelay of St Johns (Con)]

My Lords, I will confine my remarks today to South Sudan, which I visited as a Minister at the Foreign Office in May this year. I congratulate the noble Baroness, Lady Cox, on securing this timely debate. It comes not only as we approach a grim milestone—four years since the outbreak of the current conflict in South Sudan—but as we expect the high-level revitalisation forum to meet in Addis Ababa on Friday of this week to try to relaunch the peace process. Also, on Friday, the annual mandate of the UN peacekeeping mission in South Sudan will expire. Will the Minister say whether we expect the UN Security Council to renew that mandate, or is there a danger of just a technical rollover until early 2018?

I shall refer briefly to three issues on which I hope the Minister will be able to update the House today: the peace process, security for civilians and humanitarian relief. IGAD, to which the noble Baroness has referred, has a vital role to play in the peace process, as does the troika. While I was in South Sudan, I was able to discuss the process with President Mogae, chair of the Joint Monitoring and Evaluation Commission of the peace agreement, and have no doubt of his determination. I was also able to meet representatives of the troika and the EU to learn of their work to encourage both parties to make genuine efforts to cease the fighting. My visit to Juba and Malakal coincided, by chance, with the declaration by President Kiir of a unilateral cessation of hostilities.

Yet both sides continued to rearm. Conflict continues because both sides have yet to demonstrate leadership, commitment and urgency to secure a peace agreement and end the people’s suffering. For example, just last month in Duk, Jonglei state, at least 40 people were killed and many women and children were abducted. The South Sudanese Government and the UN announced that they would conduct a quick emergency assessment of the situation of those affected by the attack. Does the Minister have any information on the progress of that assessment and whether food, medicine and non-food items have been able to reach the area quickly? I welcome the fact that the UK has provided expertise and more than £2 million to support both the talks and the monitoring and verification mechanism. I am not suggesting that we should give up on the search for peace—far from it; but I wonder what more can be done to produce results. Will the Minister update us today on the Government’s views about whether progress may be made on peace?

A key role for the international community has been the protection of civilians who have suffered appalling violations of human rights, with reports of villages being razed to the ground and widespread ethnic and sexual violence. South Sudan has been a priority country for PSVI work by the UK Government and one of our four priority countries for women, peace and security. Can the Minister confirm that is still the case for the forthcoming year? When I flew north to Malakal in Unity state I visited the UNMISS protection of civilians camp where 35,000 people have taken refuge, having fled from what used to be the second city of South Sudan. The remainder of its population has either died, been killed or fled further afield. Now it is a ghost city with nothing left worth looting. I met the UK troops who had recently joined the UNMISS contingent. Their professionalism is highly respected. I was also able to see some of the important work carried out by DflD. The UK has played a significant role in the humanitarian response to the crisis in South Sudan, being the second-largest contributor. Is that still the position?

Humanitarian relief is desperately needed across the country. More than half the population now lacks enough food to feed themselves and their families, as the noble Baroness, Lady Cox, detailed. Tens of thousands have been killed and almost 4 million people, a third of the population, have been forced to flee their homes. I met some of them when I visited Uganda in February and went to Kiryandongo settlement where 50,000 refugees were sheltered, with more than 2,000 more arriving each day, mostly from South Sudan. DfID works alongside UN agencies and the international community there, and I was impressed by their effectiveness.

The resilience of the people is astonishing, but they need peace. Ultimately, it is the region, and most importantly the leaders in South Sudan, who must take the initiative to end the conflict, but I hope that we, along with our partners in the international community, will continue to give our full support to the peace process and to the security of those who are suffering in South Sudan.

Sanctions and Anti-Money Laundering Bill [HL]

Baroness Anelay of St Johns Excerpts

2nd reading (Hansard): House of Lords
Wednesday 1st November 2017 Lords Chamber

[Baroness Anelay of St Johns (Con)]

My Lords, I thank my noble friend for setting out so clearly the objectives and content of the Bill before us today. I was the sanctions Minister at the Foreign and Commonwealth Office when the White Paper was published back in April, just squeaking in underneath the barrier that came down as a result of the purdah period. That meant that we were able to have a proper period of consultation. I am therefore delighted to be able to speak at Second Reading today and to support the Bill.

With the leave of the House, I will just take a moment to thank all those who have made such kind comments over the past day or two and, in particular, to thank all those with whom I have worked on the Front Bench, both opposite when I was there for 13 years and on the Government Benches for seven and a half years. I thank them for their kindness, co-operation and sheer hard work. Working as a team, even in opposition, is absolutely crucial. I want to put on record, in particular, my thanks to the officials so often referred to only when we get to Third Reading. I will mention now the sterling support provided by the private offices and departmental officials in the Government Whips Office, FCO, BIS, DfID and, more recently, DExEU, in all of which departments I have served.

I will not mention all the individuals—I will not test the patience of the House that long—but I would like to thank my private office at DExEU: Tim, Joe and Daniel and my ministerial colleagues there, David, Robin and Steve. They have all been a joy to work with and, from working so closely with them, I have confidence that we are going to achieve a successful negotiation with the EU as we leave—one that is good for us as well as good for the other EU 27. We will remain their next best friends.

It is also why I am doubly pleased to be able to support Second Reading today. Sanctions such as arms embargoes, asset freezes and travel bans are vital tools used by the international community to promote human rights and democracy, particularly in conflict and post-conflict situations. As my noble friend set out, the UK is active on the United Nations Security Council and within the EU in promoting “smarter sanctions” that are legally robust and effective in delivering on our human rights goals. Of course, the noble and learned Lord, Lord Hope, was right to point out that there must always be appropriate safeguards in these matters.

The UNSC and EU have established a number of sanctions regimes that include targeting human rights abuses or violations in countries such as the Democratic Republic of the Congo and South Sudan, both of which I have visited as a Minister, in particular because of my then role as the Prime Minister’s special representative on preventing sexual violence in conflict. I congratulate my noble friend Lord Ahmad as the Minister taking on that role.

As my noble friend said, most of the UK’s current powers flow from the European Communities Act 1972. We have some limited domestic powers to impose sanctions, but they simply would not be enough to cover the full range of sanctions that are currently in force through both the UN and EU. The ECA will be repealed by virtue of Clause 1 of the EU (Withdrawal) Bill and. if we do not have a domestic system in place by the time the ECA is repealed, we will very rapidly be in breach of international law. I know that every single Member of the House would wish to avoid that.

Clearly, some have asked why the Bill cannot be subsumed within the EU (Withdrawal) Bill itself. In practice, that would not work because that Bill takes a snapshot of applicable EU regulations and law at the time that we leave and transposes them into UK law. It freezes everything in aspic at that moment, subject to some of the correcting powers. So, in addition to having a functioning statute book as we leave the European Union, we need to ensure that, as we leave, we have the power not only to support the sanctions of our international colleagues in the UN and, nearer at hand, in the EU, but to impose other sanctions that may prove appropriate. The withdrawal Bill simply cannot enable us to do that. After all, events can be very fast moving and one needs to be able to take action quickly but proportionately; I believe that the Bill gives us that opportunity. We will have the chance to look at the details in Committee—I listened very carefully to what the noble Baroness, Lady Bowles, said.

The importance of being able to impose sanctions, and target them effectively and proportionately, was brought home to me when I visited South Sudan in May this year. It gave me the chance to meet people subject to sanctions—noble Lords can imagine that I was not particularly popular with them—and to see how sanctions can benefit the wider population.

The history of South Sudan’s internal conflict since 2013 is well known to this House. The country is poverty stricken, despite having vast oil reserves, and life is bleak for most of its population. There was a further deterioration in the human rights situation in South Sudan last summer. In July, violence broke out in the capital, Juba. Government and rebel forces both breached commitments to end hostilities, and fighting spread to areas of the country that previously had not been touched by such conflict. This led to serious human rights violations in the summer of 2016 by government forces, and breaches of international humanitarian law. Child soldiers continue to be recruited and, as on previous occasions, women bore the brunt of the violence. The term “brutality” covers so many sins. Talking to those who survived that violence puts everything else in this world into perspective. Some were attacked and raped outside a UN protection of civilians camp, in full view of UN peacekeepers who did not intervene to help them. Others were gang-raped in a hotel used by international NGOs, where a journalist was also executed.

So what have we done? The UK has worked tirelessly with the EU and UN to persuade the Government of South Sudan that those responsible for the atrocities should be held to account, and to achieve a cessation of hostilities that is real and is not put on just because it happens to be the rainy season. The imposition of sanctions has played an absolutely vital part in that work. At first the Government of South Sudan appeared to take no action against those responsible for the vile attacks in Juba. Then the EU made it clear on 13 December 2016 that it was ready to impose further sanctions—autonomous restrictive measures—against,

“any individual who obstructs the peace process … impedes UNMISS”—

the UN force there—

in the performance of its mandate … prevents actors from exercising their humanitarian duties … incites ethnic hatred or … commits atrocities against civilians”.

Words were translated into action when, on 7 March this year, the EU added four individuals to its list in relation to the sanctions on South Sudan. Have sanctions worked? There has been some progress, but much more needs to be done and we need to keep up the pressure. Finally, this summer, a case has been brought to court to prosecute those alleged to have raped a foreign national in the Juba outrage last summer. I pay tribute to the brave lady who travelled from Europe back to South Sudan to give evidence, as at first the court refused to take video evidence. Despite the threat to her life, she gave evidence in the courtroom and identified four persons.

A ceasefire was announced by President Kiir just before the rainy season started in May this year. We need to see that extended to the dry season, when it becomes more possible for armies to move around. While in South Sudan, I was able to travel to Malakal in Upper Nile State to visit the UK Armed Forces who are an integral part of the UN forces there. I mention this because of something that happened after my visit. Malakal had been the second city of South Sudan, with well over 100,000 people. Now there may be half a dozen, with 45,000 in the protection of civilians camp outside Malakal. Dozens of people in the camp told me about the reality of life there. I then experienced unreality as I travelled in a convoy through a deserted, ghost-like city that was no more. There was nothing left to loot. I then met the governor in his mansion beside the White Nile, who tried to persuade me that people in their thousands came into Malakal every day. No—I can see, as can others, that that did not represent anything near the truth.

When I returned to South Sudan’s capital, Juba, I met a senior representative of the Government who was in a very good mood. He told me, “When the UK leaves the European Union, there won’t be any sanctions against South Sudan any more because you won’t be able to impose them and you won’t choose to. You will have left that system and so we’ll be able to have trade with you—open, fair, free and to the benefit of both”. No—that is not what happens. I told him clearly and firmly that as the UK leaves the European Union, we will put in place legislation to ensure that we will continue to be able to work with both the UN and the EU to impose sanctions where it is right to do so and to think of the wider good of people such as those across South Sudan who deserve a better future than any of them face at the moment. I wish the Bill a fair wind.

North Korea

Baroness Anelay of St Johns Excerpts

Thursday 27th April 2017 Lords Chamber

[Lord Alton of Liverpool (CB)]

My Lords, I beg leave to ask the Question standing in my name on the Order Paper. In doing so, I should mention that I co-chair the All-Party Parliamentary Group on North Korea.

[The Minister of State, Foreign and Commonwealth Office (Baroness Anelay of St Johns) (Con)]

My Lords, we have made it clear that North Korea must stop its destabilising behaviour. Its nuclear and ballistic missile programmes are a violation of multiple United Nations Security Council resolutions and a threat to regional and international security. We fully support action at the United Nations Security Council to counter this threat and maintain pressure on the regime. The Foreign Secretary will shortly be discussing North Korea’s illegal activity at the Security Council.

[Lord Alton of Liverpool]

My Lords, yesterday’s presidential invitation to the White House of all 100 Members of the United States Senate for a briefing on the unfolding and dangerous crisis on the Korean peninsula underscores its gravity, as does the recollection that the last Korean war cost nearly 3 million lives, including those of 1,000 British servicemen. With one-quarter of North Korea’s gross domestic product used on armaments and over 1 million men under arms, how are we using our own diplomatic presence in Pyongyang and Beijing and at the Security Council to engage China, to avert North Korea’s present and long-term threat, and to forestall a catastrophic outcome? Closer to home, why was the Korea National Insurance Corporation able to use London—an issue that I raised with the Government last January—to generate over £113 million to support both the regime and its nuclear weapons programme?

[Baroness Anelay of St Johns]

I will turn to the specific point before I answer the more general and important point that the noble Lord first made: the EU designated the London office of the Korea National Insurance Corporation on 28 April 2016. Since that date the UK has taken the appropriate actions to sanction the firm and has absolutely followed that through; we take sanctions policy extremely seriously, which is why we issued a White Paper on sanctions just last week. On the general point, we have worked and will continue to work not only through our critical engagement with the North Korean Government in Pyongyang through our embassy there but also at the United Nations, because it is only by work with the United Nations Security Council co-operating and with China exerting influence that there can be any change to North Korean behaviour.

[Lord Howell of Guildford (Con)]

My Lords, I reinforce the point made by the noble Lord, Lord Alton, that the key to this incredibly dangerous situation is the full engagement and support of the Chinese Government and the sharing of their concerns with ours and those of the rest of the world. Is it not possible that HMG might be able to play a particularly useful intermediary role in this area?

[Baroness Anelay of St Johns]

As always, my noble friend makes a most important point. I can give him an assurance that the Foreign Secretary is meeting the Chinese representatives when he travels later today to New York. He has already had very fruitful discussions with China. It is notable that the whole of the United Nations Security Council, including China, agreed that sanctions should be exerted on the DPRK, and China has shown good faith in that this year in its sanctions on coal.

[Baroness Liddell of Coatdyke (Lab)]

My Lords—

--- Later in debate ---

[Lord Campbell of Pittenweem]

My Lords, what is the response of Her Majesty’s Government to the opinion expressed today by Mr Paul Wolfowitz, who was a member of the Administration of George W Bush and is no shrinking violet in these matters, that the solution to the crisis with North Korea will not rest in military action, not least because of the dangers that that would present to the citizens of South Korea?

[Baroness Anelay of St Johns]

My Lords, my right honourable friend the Foreign Secretary made it clear that he sees military action as undesirable. We, along with our allies in America, have not taken offensive action. It is of course North Korea that has been offensive in its actions. Clearly the position of Seoul on the border means that any military action would be absolutely disastrous. That is why we are all working together as allies in the United Nations to ensure that there are stronger sanctions and, in particular, that there is a stronger will on the part of China to exert its influence on North Korea, to avoid an escalation of what we have seen over the last few weeks.

[Baroness Liddell of Coatdyke]

My Lords, given the uncertainty that exists about North Korea, not least after President Trump’s discussions yesterday with the Senate, if there is the possibility of military engagement by the United States against North Korea, would there be a situation similar to what the Foreign Secretary suggested this morning in relation to Syria, which would engage British troops? If that is the case, what attempts will be made to consult Parliament, given that the elected House will cease to exist in a very few hours’ time?

[Baroness Anelay of St Johns]

My Lords, it is a straightforward fact that the United States has made it clear that it is not seeking military action. It is installing a defensive missile system and working with allies in the area such as South Korea. What came across very strongly in the announcement by the Secretary of State in America yesterday is that the United States is seeking a peaceful resolution. It made it clear that it wants to bring North Korea to its senses, not to its knees.

[Lord Collins of Highbury (Lab)]

I welcome the Minister’s response about the Security Council, but will she reassure us that when the Foreign Secretary is in New York, he will be in communication with his counterpart in the United States to ensure that these two great allies act in concert to ensure effective sanctions?

[Baroness Anelay of St Johns]

Yes, my Lords: in New York but also on a more regular basis.

[Lord Spicer (Con)]

My Lords—

Chechnya: LGBT Citizens

Baroness Anelay of St Johns Excerpts

Wednesday 26th April 2017 Lords Chamber

[Baroness Barker]

To ask Her Majesty’s Government what action they are planning to take in response to reports of the persecution and detention of LGBT citizens in Chechnya.

[The Minister of State, Foreign and Commonwealth Office (Baroness Anelay of St Johns) (Con)]

My Lords, the Government are extremely concerned by reports of the detention and ill treatment of more than 100 gay men in Chechnya. I issued a statement on 7 April which was publicly supported by the Foreign Secretary. Officials in our embassy in Moscow raised our concerns with the Russian Government on 13 April. The EU made a statement on behalf of all member states at the OSCE, and the UK delivered a national statement at the Council of Europe.

[Baroness Barker (LD)]

I thank the Minister for her Answer. We now have clear evidence that gay people are being detained in camps in Chechnya and hunted in Russia. In circumstances where people are in fear for their lives, will the UK Government consider a form of leave to enter in order that people can seek international protection in the UK?

[Baroness Anelay of St Johns]

My Lords, the noble Baroness raises the critical issue of the safety of individuals who are facing not just persecution: the Chechen leader Kadyrov wants their elimination before the start of Ramadan on 26 May. In the light of that, it is important for the whole of the international community to work together to resolve these issues, and that is what we shall certainly do. With regard to our asylum procedures, we are in the process of carrying out a commitment to improve the asylum processes for those claiming asylum on the basis of their sexual or gender identity. Decision-makers are provided with dedicated guidance on the management of such claims. We are working closely with NGOs and the UN High Commissioner for Refugees to develop this guidance and training and make it work better.

[The Lord Bishop of Newcastle]

My Lords, what support have Her Majesty’s Government provided and what support do they intend to provide to the Russian LGBT Network, which is helping gay men flee Chechnya?

[Baroness Anelay of St Johns]

My Lords, the right reverend Prelate raises an issue that was partly addressed by the noble Baroness, Lady Barker. I assure her that we are working on this. That work has to be sensitive because I do not wish to expose anybody to real personal danger. Let us not underestimate the gravity of the situation in Chechnya. The threats that have been made both by the leaders and by people in the community are abhorrent. We will do our best to achieve international agreement on the safety of people who are threatened.

[Lord Cashman (Lab)]

My Lords—

--- Later in debate ---

[Lord Lexden]

My Lords, is it not the case that the Russian Government actively support laws that encourage the oppression of LGBT people throughout their territories?

[Baroness Anelay of St Johns]

My Lords, the Chechen Republic is a federal subject of the Russian Federation and comes under the authority of the Russian Government in Moscow, so with regard to issues in Chechnya the buck stops with President Putin. With regard to wider issues across Russia, we believe that the situation for LGBT people has deteriorated since the law banning the promotion of non-traditional sexual relations among minors was passed in June 2013. It is a very worrying situation.

[Lord Alli]

My Lords, first, I thank the Minister for all the work she has done and the support she has given to this cause, in particular her statement of 7 April. In that statement, she made clear that she was calling on the Russian Government to investigate these allegations promptly. The Minister quite rightly says that since then the Chechen President has threatened to “eliminate”—eliminate—all gay men and members of the LGBT community by the start of Ramadan, on 26 May. The Russian LGBT Network has been on the front line of trying to protect gay men in Chechnya, but so far the Russian authorities have refused to launch any formal investigation into the testimonies they have collected. May I ask the Minister to continue to put pressure on the Russian authorities to start the investigation into those testimonies? If they will not do so, will the UK, EU or UN do more to highlight the testimonies from those who are being persecuted?

[Baroness Anelay of St Johns]

My Lords, the noble Lord makes extremely valid points. I commit us to continuing to work on these matters throughout purdah, during which we can still do things, wholly within the rules, to uphold existing policy. I give him an assurance on that. It will be for a new Government to look at how they wish to act through co-operation across the international community, in both the Human Rights Council and the United Nations Security Council, but I would hope that any Government would wish to follow that course.

[Baroness Northover (LD)]

My Lords, I also welcome what the noble Baroness has said, but she will be aware that these very vulnerable men are vulnerable not only due to the actions of their Government but now from honour killings. Can she expedite what she has said she will do in terms of visas?

[Baroness Anelay of St Johns]

My Lords, the Answer I gave was with regard to asylum, and I want to make that absolutely clear. The noble Baroness raises a critical issue when she refers to the so-called honour killings of gay men by family members. To put this into context, detainees who have been held are being sent back home, which is tantamount to a death sentence, because police are using families to lure gay men back to the region to be arrested and they are then reportedly either tortured or killed. We are told that families are hunting down escapees and handing them over to the authorities. This situation needs international co-operation. I believe, from what has been said in this House today, that we have all-party co-operation.

India: Extremism

Baroness Anelay of St Johns Excerpts

Monday 24th April 2017 Lords Chamber

[Lord Ahmed]

To ask Her Majesty’s Government what assessment they have made of the rise of extremism in India following the state elections in Uttar Pradesh.

[The Minister of State, Foreign and Commonwealth Office (Baroness Anelay of St Johns) (Con)]

My Lords, we are aware of concerns over religious tolerance and community relations following recent state elections in India. Prime Minister Modi has made it clear that every citizen has the right to follow any faith, without coercion, and vowed to protect all religious groups. We welcome this statement. The Indian Government have a range of policies and programmes to support minority groups, and we support India’s commitment to the fundamental rights enshrined in its constitution.

[Lord Ahmed (Non-Afl)]

I thank the Minister for her reply. Is she aware of the recent Hindutva vigilante-style attacks on Christians, Muslims, Sikhs and Dalits? According to a senior Indian army general, HS Panag, and the former chief justice of the Delhi High Court, the honourable Mr Shah, right-wing nationalists such as RSS and the Hindutva brigade have targeted all minorities in the name of nationalism. Is the Minister aware of the concerns expressed in the Pew report on religious intolerance in India, and the United States Commission on International Religious Freedom’s report on the constitutional and legal challenges faced by religious minorities in India? Will Her Majesty’s Government remind the BJP Government of their obligations under international law for the protection of minority communities?

[Baroness Anelay of St Johns]

My Lords, we share the noble Lord’s concern about the importance of ensuring that there is religious freedom, because it is a foundation for economic and public security. I can assure him that the British high commission in New Delhi discusses human rights issues with institutions such as the Indian National Commission for Minorities and state governments. More than that, in direct answer to his question, the British Government work directly with the Indian Government to build capacity and share expertise to tackle challenges, including the promotion and protection of human rights. Next month, that will include working with India on its universal periodic review.

[Lord Gadhia (Non-Afl)]

My Lords, does my noble friend the Minister agree that, instead of interfering in the internal democratic processes of the world’s largest democracy, the Government should be working closely with Prime Minister Modi’s Government to open up and liberalise the Indian economy, and encourage more trade and investment between the UK and India to promote development in both countries? That is what the people of Uttar Pradesh overwhelmingly voted for, and that is the clear message we should send to India—one of our closest friends and allies—from this British Parliament.

[Baroness Anelay of St Johns]

My Lords, we are indeed clear friends of India. The UK-India trade relationship is flourishing. The two Prime Ministers agreed that, when the UK leaves the European Union, they will make it a priority for both countries to build the closest possible commercial and economic relationship—but our friendship also goes to the development of human rights.

[Lord Collins of Highbury (Lab)]

I am grateful for that commitment by the Minister, because many of us will be very concerned that, as a consequence of Brexit, the focus of the Foreign and Commonwealth Office will be on trade and economic development alone. Will she repeat, again, that there can never be a trade-off between economic trade and human rights and that we will remain committed to raising our concerns with President Modi at every opportunity, because the recorded level of violence against minorities has increased and we must raise it with the Government?

[Baroness Anelay of St Johns]

My Lords, the Prime Minister referred to reports of violent offences when she visited India in the first bilateral overseas visit after she became Prime Minister last summer to show the importance that we ascribe to our relations with India. The reports have also been raised more recently by my honourable friend the Minister for Asia when an Indian Minister visited this country. So we will continue to raise those issues. It is for the benefit of both countries that we develop our trade relationship—but, as I mentioned earlier, it is our firm belief that good relations and strong human rights are the underpinning for successful economic development.

[Lord Wallace of Saltaire (LD)]

My Lords, does the Minister agree that what happens between faith communities in other countries can spill over into the UK, particularly when we have diaspora communities? We have a significant Indian community in Bradford. They are mainly Gujarati. Some are Muslim, some are Hindu. Relations are good, but on other occasions and with other faiths we have seen how, when events in the countries from which their ancestors came worsen, relations in this country can worsen. I pay tribute to the excellent work that the Minister has done on interfaith issues in this country. Is this not something with which the Government should engage, and should they not point out to the Indian Government that this is not a matter simply for them?

[Baroness Anelay of St Johns]

My Lords, with regards to the diaspora, ensuring that there are good community relations is a serious issue. How could I think otherwise coming from Woking, where such a significant proportion of the community brings with them the strength of their background in the Punjab and enriches our community? It is important that, across the United Kingdom, faith should join us, not break us up.

Commonwealth Heads of Government Meeting

Baroness Anelay of St Johns Excerpts

Thursday 6th April 2017 Lords Chamber

[Lord Chidgey]

To ask Her Majesty’s Government what plans they have to engage United Kingdom parliamentarians in the process and programme for the forthcoming Commonwealth Heads of Government Meeting in the United Kingdom, in particular with respect to the expansion and strengthening of international cultural, trade and investment initiatives.

[The Minister of State, Foreign and Commonwealth Office (Baroness Anelay of St Johns) (Con)]

My Lords, this Government recognise the strong contribution of UK parliamentarians to Commonwealth activities, including on enhancing opportunities for trade and investment. We will engage closely with parliamentarians and other Commonwealth stakeholders, including the CPA UK, in designing and delivering an ambitious, creative and innovative Commonwealth summit. We want to make the most of all the Commonwealth has to offer and demonstrate a Commonwealth that is truly relevant for the 21st century.

[Lord Chidgey (LD)]

My Lords, I thank the Minister for that reply. The CHOGM summit provides a golden opportunity for all Commonwealth parliamentarians to demonstrate their commitment to democracy, transparency, the rule of law and human rights as laid down in the Commonwealth charter. Will the Minister, therefore, press the Government to support the CPA UK’s plan to hold a linked Commonwealth conference prior to CHOGM? Will she press for a parliamentary forum at CHOGM itself, following the example set by many international high-level meetings?

[Baroness Anelay of St Johns]

The noble Lord raises important points, all of which we are very much taking into account, I assure him. Indeed, most recently I met Andrew Tuggey of the CPA UK to discuss what shape its plans might take—not only, of course, what deliverables there could be for the event itself, but the participation by CPA UK members more generally in the civil society events.

[Lord Marland (Con)]

My Lords, I declare an interest as chairman of the Commonwealth Enterprise and Investment Council. Is not one of the best ways of engaging parliamentarians up to CHOGM to boost the current Prime Minister’s trade envoys network, which is cross-parliamentary and has been very successful? Would not my noble friend the Minister agree that a dedicated Commonwealth trade envoy should be appointed, as suggested by the Maltese chair-in-office of the Commonwealth?

[Baroness Anelay of St Johns]

Again, those are important points. On the trade envoys, eight envoys currently cover 10 Commonwealth countries. The programme has been recently reviewed and recommendations on the future direction of the programme, including suggested new markets, are with No 10 for consideration. We will certainly take the proposal for a trade envoy or ambassador into consideration.

[Lord Hunt of Chesterton (Lab)]

My Lords, does the Minister agree that parliamentarians across the Commonwealth should also be involved in campaigns for more openness, which should include science and law? This week there was a conference about the openness of legal aspects of the Commonwealth at the University of London.

[Baroness Anelay of St Johns]

I am delighted that the noble Lord has raised this issue. We discussed it briefly outside the Chamber and I assure him that his views will be taken firmly into account.

[Viscount Waverley (CB)]

My Lords, would it not be plausible to make full use of the internet and to devise a website to allow for two-way exchanges of opinion among all parliamentarians around the whole of the Commonwealth?

[Baroness Anelay of St Johns]

I assure the noble Viscount that, as part of the programmes that we are putting forward and consulting widely on, it is our intention to make the best use we can of the internet and all it can deliver. In some areas around the world, of course, it is more difficult to get the broadband speed. However he is absolutely right that modern communication is important. After all, we have to think of the young age of most people across the Commonwealth.

[Baroness Northover (LD)]

My Lords, the first principle of the Commonwealth charter is democracy. Therefore my noble friend is undoubtedly right. The second concerns human rights. Will the Minister guarantee that the Government will put as a major theme the promotion not only of women’s rights but of those within the LGBT community?

[Baroness Anelay of St Johns]

Again, that is a very important issue; “yes” is the answer to it. However, more particularly, we are working out our plans to ensure that important messages are delivered on LGBTI issues at the summit. I have already had discussions about this and I know that Kaleidoscope and the Commonwealth Equality Network are putting forward an agenda, and we want to see how that can feed into the work that we are doing.

[Lord Howell of Guildford (Con)]

My Lords, I reinforce the remarks of the noble Lord, Lord Chidgey, and my noble friend Lord Marland. Does my noble friend agree that the pathway from here to the Commonwealth summit next April is an immensely important one and that we must do everything we can to strengthen it? Will she accept my very strong welcome for the decision of the Prime Minister to appoint a powerful Cabinet Office unit to carry this work forward? Does she agree with the comments of my noble friend Lord Marland that a network of 2.5 billion people using English as their working language is a fabulous potential opportunity for this country? Will she urge all concerned, especially some of the doubters about the potential of the Commonwealth, that they should look to the future of our service-based economy rather than harp on about the past?

[Baroness Anelay of St Johns]

As always on Commonwealth matters, my noble friend makes the most important points and I can do no more than thoroughly agree with him.

[Lord Soley (Lab)]

My Lords, will the Government ensure that educational exchanges at all levels are given a high priority?

[Baroness Anelay of St Johns]

Indeed, my Lords. That is the reason the Commonwealth team is cross-departmental, which ensures that we can take all the issues into account.

[Baroness Berridge (Con)]

My Lords, my noble friend the Minister has outlined the design and creation of an appropriate programme. I declare an interest as the leader of a Commonwealth initiative on freedom of religion or belief. Will she consider meeting, as she has done in the past, parliamentarians and representatives from CPA UK, the Youth Parliament and the Commonwealth Youth Parliament so that everyone can play a part in designing the programme?

[Baroness Anelay of St Johns]

My Lords, recently I met a representative of the Youth Parliament and discussed issues around the summit. I assure my noble friend that the important point she has made will indeed be taken into consideration. I am already holding a series of meetings, as are members of the Commonwealth team now based in the Cabinet Office.

[Lord Collins of Highbury (Lab)]

My Lords, one important consideration about trade which is often ignored is the need to ensure that we advocate strong minimum standards and support the International Labour Organization. I hope that the noble Baroness will be able to reassure the House that when we engage civil society in CHOGM, we will also include trade unions and the international trade union movement so that we can advocate strong labour standards.

[Baroness Anelay of St Johns]

Yes, my Lords. Yesterday I had the privilege of being able to meet Owen Tudor, who heads the TUC’s international relations office, to discuss how his agenda and the decisions that might be made in June by TUC organisations can feed into the summit process.

Syria: Chemical Weapons

Baroness Anelay of St Johns Excerpts

Wednesday 5th April 2017 Lords Chamber

[Baroness Northover (LD)]

My Lords, I beg leave to ask a Question of which I have given private notice.

[The Minister of State, Foreign and Commonwealth Office (Baroness Anelay of St Johns) (Con)]

My Lords, we are appalled by reports of a chemical weapons attack in Idlib. We condemn the use of chemical weapons in all circumstances. If proven, this will again show the Syrian regime’s barbarism. Britain and France have called an emergency UN Security Council meeting for later today. We have circulated a draft resolution condemning the attack and urging a swift and thorough investigation. We welcome the investigation by the Organisation for the Prohibition of Chemical Weapons.

[Baroness Northover]

My Lords, I thank the noble Baroness for that response. It is appalling to see terrible pictures once more of men, women and children in agony from what seems to be a further chemical attack in Syria. Chemical weapons were rightly banned after the First World War, nearly a century ago. Does the noble Baroness agree that we need to have a credible investigation into what happened in Syria? If it turns out to be sarin from the regime’s stocks, what actions will be taken to ensure that this time there is full destruction of all Syria’s chemical weapons?

[Baroness Anelay of St Johns]

Like the noble Baroness, I deplore events that cause such suffering. She is right to point to the action by the international community over the years to try to ensure that such vile use of chemical weapons cannot happen. It is essential that we work together to prevent these events. At 3 pm British time I understand that the debate at the United Nations should have started—I cannot confirm that because I have been here and so unable to see it. We will have to wait to see the decisions on what actions to take. I entirely agree with the noble Baroness that there must be a thorough and credible investigation.

[Lord Collins of Highbury (Lab)]

My Lords, the key point that the Foreign Secretary made was that all the evidence points to the Assad regime. We have also heard from the Prime Minister, who called for the Organisation for the Prohibition of Chemical Weapons to conduct an investigation. Of course, it has been gathering evidence for some time on the use of chemical weapons in Syria. I welcome the Government’s intention to raise the matter at the Security Council—but, as the Minister has told the House on many occasions, it is sometimes difficult to reach a consensus in the Security Council. Can she tell us what the Government will do if there is a failure to reach consensus? Will we take it up in the full UN General Assembly? The most important point—I know she shares this view—is that the people responsible must understand that they will be held fully accountable.

[Baroness Anelay of St Johns]

My Lords, the noble Lord is right. My right honourable friend the Foreign Secretary said a short while ago in Brussels:

“I would like to see those culpable pay a price”.


I do not want to predict the result of today’s debate. It is predicted not to conclude until around 6 pm or 7 pm. It is clear that we have to try to ensure that nobody will vote against the resolution. In the past, Russia and China have done so. I hope that they will think very carefully today before they take any action other than to support the resolution before the United Nations.

[Lord Alton of Liverpool (CB)]

My Lords, in welcoming the swift response of Her Majesty’s Government and the reply that the Minister has just given to the Question put by the noble Baroness, Lady Northover, perhaps I might press the Government further on the use of chemical weapons. We have now seen chemical weapons used twice in Syria, but they have also been used, allegedly, in Darfur by the regime of President Omar al-Bashir. We have seen a chemical weapons attack using a toxic nerve agent in an international airport in Kuala Lumpur. Does this not all point to a climate of impunity in which those responsible do not believe that they will be brought to justice? In pursuing the point that the noble Lord, Lord Collins, has just made, will we be pressing also for a referral to the International Criminal Court of all those responsible for war crimes, crimes against humanity and genocide?

[Baroness Anelay of St Johns]

My thoughts today are very much concentrated on the children and other civilians who suffered yesterday in Idlib. The noble Lord will be aware of my previous answers on this issue, to the effect that in the international field we bring cases before the International Criminal Court when we are able to do so, with the agreement of the Security Council. With regard to Syria, there have been more than two occasions when the regime has been proven to use chemical weapons—there have been three. The proof has been gained by the OCPW-UN Joint Investigative Mechanism, and there are further investigations afoot.

[Viscount Hailsham (Con)]

My Lords, does my noble friend agree that the recent use of chemical weapons in Syria—assuming, of course, that the Assad regime is responsible—flows in part from the failure of the United States to use military action after Assad’s initial action in 2013? Does this not demonstrate the importance in foreign affairs of not promising or threatening that which you are not prepared to do? I express the hope that President Trump observes that principle in the context of his relations with North Korea.

[Baroness Anelay of St Johns]

My Lords, a principle that we should all follow is to consider carefully before we commit. All political parties in all countries sometimes fall short of that objective. Today we are working together as one with the United States to try to ensure that the United Nations can agree that we should put pressure on Syria, including from Russia, to ensure that these vile events should not happen, whoever commits them.

[The Lord Bishop of Peterborough]

My Lords, as the most reverend Primate the Archbishop of Canterbury said yesterday, we on these Benches mourn with the people of Idlib and we pray for justice and an end to violence. However, if and when peace is finally secured in the region, the scale of suffering and damage experienced by the people of Syria over the past six years will demand enormous and costly international effort if Syria is to be rebuilt. Will Her Majesty’s Government commit not just to supporting the people of Syria in the short term but to supporting the decades-long process of restoration that will inevitably be needed once the present crisis is over?

[Baroness Anelay of St Johns]

I welcome the right reverend Prelate’s question and I certainly give that commitment. At the moment my right honourable friend the Foreign Secretary is in Brussels at the Syria conference, where the objective is to get the international community not only to deliver on the commitments it made in London last year but to take those further, for the long-term support of the region.

[Lord Campbell of Pittenweem (LD)]

My Lords, it is axiomatic that if these events came about as a result of deliberate action, they constitute a war crime. Will the Minister bear in mind that, even if they were not deliberate, they constitute a war crime, since they came about because of the indiscriminate bombing of civilians?

[Baroness Anelay of St Johns]

The noble Lord is absolutely right.

[Lord West of Spithead (Lab)]

My Lords, there was no military benefit to the Assad regime from using chemical weapons in this circumstance—it did not help militarily—and there is no political benefit. Is there some internal dynamic that we do not understand within Syria? I cannot see any reason otherwise why these weapons would be used.

[Baroness Anelay of St Johns]

My Lords, who indeed can get into the mind of somebody who—it has been proven in the past—on at least three occasions used chemical weapons on his own people? We should all remember that the conflict started because there were those who wanted to see democracy in Syria.

[Lord Singh of Wimbledon (CB)]

My Lords, does the Minister agree with the sentiments of the great human rights activist Andrei Sakharov, who said that there will be no progress on human rights until we are even-handed in condemnation? Having said that, does she further agree that the indiscriminate bombing of civilians in Mosul should be equally condemned? For survivors and for the relatives of those killed and maimed, it is equally bad.

[Baroness Anelay of St Johns]

My Lords, where action is taken purposely to bomb civilians it is a war crime and something that we would condemn. I would mention, with regard to Mosul, that I am aware of the recognition there that the Iraqi forces have taken every step they could to avoid hitting civilians, against an enemy that uses civilians as human shields.

[Lord Cormack (Con)]

My Lords, is there not a case now for trying to talk to the Syrian regime? We have broken off all relations and refused to recognise the regime from the outset of the civil war. As we are not in a position to end this, would it not make a great deal of sense at least to have some diplomatic contact?

[Baroness Anelay of St Johns]

No, my Lords, because when we have engaged before we have been let down. Clear action by the regime has shown that we are right not to have diplomatic relations. What we are right to do and what we will continue to do—I give my absolute assurance to my noble friend—is to seek the path of political agreement through the Geneva talks. That is the only way forward to achieve peace.

Balfour Declaration

Baroness Anelay of St Johns Excerpts

Monday 3rd April 2017 Lords Chamber

[Lord Warner (CB)]

My Lords, on behalf of the noble Baroness, Lady Tonge, and at her request, I beg leave to ask the Question standing in her name on the Order Paper.

[The Minister of State, Foreign and Commonwealth Office (Baroness Anelay of St Johns) (Con)]

My Lords, we will mark the centenary of Balfour with pride. The Prime Minister has extended a guest of Government invitation to Prime Minister Netanyahu to visit the UK on the centenary. We are proud of our role in the creation of Israel. However, we recognise that the declaration should have called for the protection of political rights of non-Jewish communities in Palestine, particularly their right to self-determination. This is why we support a two-state solution.

[Lord Warner]

First, I am sure that the whole House wishes the noble Baroness, Lady Tonge, a speedy recovery, and recognises the huge contribution she has made on Palestinian matters. I thank the Minister for her reply. She recognises, I think, that there was a conditionality on granting in the terms of the Balfour Declaration the establishment in Palestine of a national home for the Jewish people. That conditionality was very clear, as the declaration states,

“it being clearly understood that nothing shall be done which may prejudice the civil and religious rights of existing non-Jewish communities in Palestine”.

Does the Minister agree that successive British Governments, both under the British mandate and subsequently, have failed to deliver that declaration protection to the Palestinian people? Furthermore, should we not mark the centenary with a gracious apology from the British Government and Parliament for the suffering that that failure has caused and try to make amends—

--- Later in debate ---

[Baroness Anelay of St Johns]

First, my Lords, I send my good wishes to the noble Baroness, Lady Tonge, and wish her a strong and full recovery. The Balfour Declaration was an historic statement and one for which the United Kingdom has no intention to apologise. We are focused on encouraging the Israelis and Palestinians to take steps which bring them closer to peace. That is the whole thrust of government policy which has underwritten the work of this Government, the coalition Government, and the Labour Government before that. We continue to carry that work forward. With regard to recognition, perhaps in the future, of Palestine as an independent state, bilateral recognition does not deliver reality. We will make sure that we recognise a Palestinian state when we judge that it is in the best interests of peace and a lasting negotiated solution between Israel and the Palestinian Authorities to do so.

[Lord Collins of Highbury (Lab)]

My Lords, I associate myself with the remarks of the Minister about the noble Baroness, Lady Tonge. I also welcome the commitment again to the two-state solution, which the Opposition have supported historically. The most important thing we can achieve, 100 years after the Balfour Declaration, is to ensure that peace talks commence. Can the Minister tell us how she can put direct pressure on both parties to start talking to each other rather than firing rockets at each other?

[Baroness Anelay of St Johns]

My Lords, that point is extremely well made. I assure the noble Lord and the House that we are making our best efforts to encourage both sides to come to the table for discussions. When my right honourable friend the Foreign Secretary visited Israel and the Occupied Palestinian Territories, he made just those points. When I had discussions last week in New York with Nikki Haley, who is a member of the President’s Cabinet, I too made those points, and we agreed entirely that it is important that we all work together to get the interested parties to the table to talk, not fire weapons.

[Lord Leigh of Hurley (Con)]

My Lords, at the 34th session of the Human Rights Council in Geneva on Friday last week regarding Israel, Her Majesty’s Government expressed regret that neither terrorism nor incitement was a focus of that council’s meeting. Syria’s regime butchers and murders its people on a daily basis, but it is not Syria that is a permanent item on the council’s agenda. Since 2007, it has been only Israel—the one country in the Middle East that protects human rights for women and gays, among others. Therefore, I welcome the Minister’s statement that, if things do not change in the future, Her Majesty’s Government will adopt a policy of voting against all resolutions concerning Israel in the Occupied Territories and Palestine. What steps have been taken to encourage our European partners to adopt the same principled and even-handed statements? I declare my interest.

[Baroness Anelay of St Johns]

My Lords, we are in active discussions with like-minded partners to support the council in addressing the fact that there appears to be a disproportionate focus on Israel in the council, which we believe hardens positions on both sides.

[The Lord Bishop of Worcester]

My Lords, will the Minister accept that there is grave concern about facts on the ground tending to suggest the impossibility of a two-state solution?

[Baroness Anelay of St Johns]

My Lords, the right reverend Prelate raises a vital issue. Announcements such as the one made last Friday by the Israeli Government about building a new settlement in the West Bank—the first such government decision there for over 25 years—make one worried that it is becoming more difficult for negotiations that could lead to a two-state solution, and it is necessary to ensure that they do not proceed with such settlements.

[Lord Hughes of Woodside (Lab)]

My Lords—

[Baroness Northover (LD)]

My Lords, the Minister referred to the Balfour Declaration, which says that nothing should be done,

“which may prejudice the civil and religious rights of existing non-Jewish communities in Palestine”,

and I welcome that. However, with the tinderbox in the Middle East, is it not even more urgent than ever that the future of Israel and the Palestinians is taken forward, and does that not mean reversing rather than expanding the settlements?

[Baroness Anelay of St Johns]

Yes, my Lords.

[Viscount Waverley (CB)]

My Lords, given the increasing vacuum from the United States and the concern expressed by Arab partners, is it now realised that Israel can become a strategic ally in the common cause of combating terrorism and Islamist extremism?

[Baroness Anelay of St Johns]

My Lords, I think it is incumbent on all those who believe in peace around the world to do exactly that, and I hope and expect that Israel would be part of that work.

Gibraltar

Baroness Anelay of St Johns Excerpts

Monday 3rd April 2017 Lords Chamber

[Baroness Northover (LD)]

My Lords, I beg leave to ask a Question of which I have given private notice.

[The Minister of State, Foreign and Commonwealth Office (Baroness Anelay of St Johns) (Con)]

My Lords, we are steadfast in our support of Gibraltar. We are firm in our commitment never to enter arrangements under which the people of Gibraltar would pass under the sovereignty of another state against their wishes, or to enter into a process of sovereignty negotiations with which Gibraltar is not content. We are clear that Gibraltar is covered by our exit negotiations and we have committed to involving Gibraltar fully in the work that we are doing.

[Baroness Northover]

My Lords, I thank the noble Baroness for that reply. Can she explain why Gibraltar did not merit a mention in the Prime Minister’s letter of last week, despite the EU Select Committee of this House reporting on the complexity of the matter? Will she also distance herself from the idea that we might go to war with our NATO ally Spain over Gibraltar? Moreover, does she not find it an extreme irony that this was suggested merely days after we triggered Article 50 to leave the EU, which in 2012 was awarded the Nobel peace prize for the,

“advancement of peace and reconciliation, democracy and human rights in Europe”?

[Baroness Anelay of St Johns]

My Lords, on the first part of the noble Baroness’s Question, it is a matter of fact that Gibraltar and other overseas territories, and the Crown dependencies, were mentioned specifically in the White Paper, as they should be. The letter was not the occasion to convey that matter in addition, but I can assure the noble Baroness that we have engaged thoroughly with Gibraltar during all the processes so far. On other matters, I understand that the noble Baroness may be referring to a comment made by one of my noble friends. We still have free speech in this country; may that long continue.

[Lord Collins of Highbury (Lab)]

My Lords, what the overwhelming number of people in Gibraltar recognised when they voted to remain was that, when Spain acceded to membership, this country negotiated an extremely good deal for very unique circumstances. The unhelpful remarks about gunboat diplomacy do not address the fundamental issue, which is not that the people of Gibraltar doubt Britain’s commitment to them to maintain their sovereignty, but that they doubt Britain’s ability to negotiate on their behalf the best deal economically. That is what they want to hear from this Government.

[Baroness Anelay of St Johns]

My Lords, they have heard that and they very much welcome it, as the Chief Minister has made clear. Since the referendum we have set up a system from the Department for Exiting the European Union and the FCO, whereby the overseas territories, including Gibraltar, can be best consulted. For Gibraltar there is a very special track that that particular negotiation follows, which is a joint negotiating committee set up by the Department for Exiting the European Union, chaired by Robin Walker, a Minister in that department, and attended by my right honourable friend Alan Duncan. We take extremely seriously the importance of negotiating the best outcome for the whole of the UK family. That includes Gibraltar.

[Lord Garel-Jones (Con)]

Does my noble friend agree that this dreadful deadlock is unlikely to move forward? First, Spain simply has to recognise that no British Government will ever take any steps that do not have the support of the people of Gibraltar. Secondly, the people of Gibraltar have to recognise that so long as Spain retains its territorial claim, it will from time to time seek to make life extremely uncomfortable for Gibraltar. Unless and until both sides wish to move forward, this deadlock will remain.

[Baroness Anelay of St Johns]

My noble friend has a long history of professionalism in this as a previous Minister. He is absolutely right.

[Lord Foulkes of Cumnock (Lab)]

My Lords, the reply to the noble Baroness, Lady Northover, was entirely unsatisfactory. Does the Minister not realise that if Brexit goes ahead there will be not just one land border with the European Union, in Northern Ireland, but two, because Gibraltar will also have a land border with the European Union? Why was that not included in the six-page letter outlining our priorities? Surely, if we have an ex-leader of the Conservative Party pontificating on it, it must be a priority. Why was it not included in the letter?

[Baroness Anelay of St Johns]

My Lords, it is because we take it so seriously that we did not mention simply one aspect in that letter, which, as the noble Lord will be aware—I am sure he has read it in detail—set out general principles, all of which apply to Gibraltar. We are taking our negotiations very seriously and taking every step along the way the opportunity to consult and reflect with Gibraltar on how the discussions will go ahead. Border issues are of course key to our negotiations.

[Lord Hannay of Chiswick (CB)]

My Lords, does the Minister not feel that the last people to give advice on this matter should be the people who caused the problem: those who incited the electorate of this country to leave the European Union, without which Gibraltar’s situation would be perfectly and totally secure? Could they perhaps encourage their supporters to give them some ideas on how to persuade Spain, which is in a strong position now, unfortunately, to reach an agreed position with us that will preserve the situation of Gibraltar and its prosperity?

[Baroness Anelay of St Johns]

My Lords, Gibraltar’s position is as secure today—and will be in two years’ time, or whenever the negotiations are concluded thereafter—as it was on 23 June.

[Lord Forsyth of Drumlean (Con)]

My Lords, is it not obvious that the reason for the sovereignty and status of Gibraltar not being included in the letter is that it has nothing whatever to do with the European Union, and that to include it in the letter would have implied that it had? Will my noble friend, on a scale of one to 10, rate the response on Gibraltar from the European Union for friendliness and constructive engagement?

[Baroness Anelay of St Johns]

My noble friend always tempts interesting answers. We have no doubt about the position of the sovereignty of Gibraltar, which is what it was before the referendum took place and so it shall continue to be.

[Lord Campbell of Pittenweem (LD)]

I am relieved to hear that we are not sending a gunboat, but we are sending Mr David Davis, who of course was a member of a territorial unit of the SAS—perhaps that will have some impact on the Government of Spain. This matter was raised in the debate held in your Lordships’ House on 20 October last year, as was the other issue of fishing, on which the Government of Spain no doubt have rather clear views when it comes to access. What assessment have the Government made of the likelihood of that being raised in the comprehensive negotiation which is necessary before we leave the European Union?

[Baroness Anelay of St Johns]

My Lords, I am pleased to say that my right honourable friend David Davis is in Madrid today, and he has made it clear to Spain that our position is entirely in line with the answer that I have given to the noble Baroness, Lady Northover. The noble Lord, as always, raises significant questions and is right that we have to be aware that, in any negotiation, other members of the European Union may raise issues which are of specific importance to them. That is what negotiations are about.

[Lord Liddle (Lab)]

While I accept the noble Baroness’s sincerity in saying that there is no change in Gibraltar’s position, surely the fact that we are leaving the European Union disadvantages Gibraltar an awful lot. When Spain has interfered improperly with the border in the past, we have had the strong support of the European Commission because this was in breach of the freedom of movement rules of the treaty. Does the noble Baroness accept that, now that we can no longer rely on those rules, Gibraltar’s position is bound to be considerably worse?

[Baroness Anelay of St Johns]

No, my Lords, because we intend to ensure that the rights of Gibraltar are maintained throughout the negotiations. The border is an important issue; it will continue to be so, and it is a matter that we will resolve. Of course, at this stage, I am not able to provide the exact details of what agreements will be reached. After all, the leaked document to which noble Lords referred is a draft document; it is not even a final document produced by the Commission.