Council of Europe: House of Lords Members’ Contribution

Baroness Hooper Excerpts

Wednesday 24th July 2019 Lords Chamber

[Baroness Hooper (Con)]

My Lords, it is important to have this debate at a time when we as parliamentarians need, more than ever, a forum to meet and discuss issues with colleagues from other European countries. It is also important to point out that the Council of Europe has always represented the wider Europe, that it is good value for money and that we were founder members way back in 1948 when we were emerging from the Second World War. Incidentally, Turkey was also a founding member. When people question the appropriateness of Turkey being part of Europe, it is important to remember that.

There has always been confusion because the Palais de l’Europe, the seat of the assembly, is in Strasbourg. Subsequently, of course, that is why the European Economic Community decided to have its assembly, which eventually became the directly elected Parliament, in that city, which is so significant of the past divergence of Europe, and the wars fought in Europe. There was a lot of urging from Monsieur Pflimlin, whom many of us will remember as the very effective Mayor of Strasbourg. So we must thank my noble friend Lord Balfe for giving us this opportunity to clarify the role and the value of the Council of Europe.

I am no longer a member, but I served for 10 years in the Council of Europe—two five-year terms in fact. The first started in 1992, a very significant moment when most of the new democracies from eastern and central Europe were able to join the first international organisation it had ever been possible for them to join. I remember having a meeting in those early days in the Parliament in Budapest, which of course is very similar to our Parliament in its history and architecture. At that time, we had an additional role as members of the WEU, the Western European Union, which looked at the defence aspects of our relationships with other European countries.

I was fortunate to be asked to serve on the committee for education and cultural heritage, and eventually became its vice-chairman. We played a very useful role in tackling various issues affecting cultural heritage—the trafficking of stolen objects after war and so on. I also firmly believe that there is no better way to understand the point of view of someone from another country than to understand and appreciate their culture. It is worth mentioning that all members of the European Union first had to be signatories to the European convention on cultural heritage, as well as the European Convention on Human Rights.

I also served on the then economic affairs committee. It was valuable that that committee reported annually on the OECD, the World Bank and the European Bank for Reconstruction and Development. It was the only public forum in which these international organisations could be monitored and their leaders questioned and called to account. I understand that that has been discontinued. That is a great shame; maybe it could be reconsidered.

The main focus has always been human rights. I was there when Russia was originally admitted as a member of the Council of Europe, and much the same considerations as have applied recently to its readmittance as a member were considered then. It was felt that it would be more useful and possible for Russia to right its human rights situation within the Council of Europe than outside it.

The other roles that have been mentioned, such as monitoring of elections, are vital. The Brits have always made a good contribution. All in all, I hope my noble friend will be able to reassure us that the United Kingdom will continue to make the most of our membership of the Council of Europe.

Burma (Sanctions) (EU Exit) Regulations 2019

Baroness Hooper Excerpts

Wednesday 1st May 2019 Lords Chamber

There was never a genuine transition to democracy. The 2008 constitution in Burma is not democratic and the military has not allowed for the fundamental changes that were hoped for and worked for. Military committees regularly take decisions about the future of Burma, rather than civil society, and they carry out human rights violations with impunity. Media freedom and freedom of expression are declining while the number of political prisoners is growing. The peace process is stalled and conflict has increased. A policy based on the realities of today and not those of 2012, on what will happen post Brexit and what we will do about a United Nations-mandated global arms embargo on Burma, are the issues I put to the Minister. I hope that when he responds, he will be able to say something about them.

[Baroness Hooper (Con)]

My Lords, I thank my noble friend for bringing these four instruments before the House and I shall listen with interest to his replies to the many questions that have already been raised. My own interest lies primarily in the Venezuelan situation, which at the moment is highly topical and very fluid. The Venezuelan people have been going through a very difficult time not just over the past two years but for several years. I think that they have suffered enough. Given the fluidity of the situation, would my noble friend be prepared to commit to keeping the House informed with updates as and when any further action may be relevant? Can he also confirm that the Government will continue to co-ordinate and co-operate with the Lima Group in particular to ensure that regional considerations are at the forefront of any actions we take in relation to sanctions against Venezuela?

Sanctions and Anti-Money Laundering Bill [HL]

Baroness Hooper Excerpts

Ping Pong (Hansard): House of Lords
Monday 21st May 2018 Lords Chamber

I conclusion, I say to my noble friend the Minister that the Government should do everything possible to ensure that we arrive at a solution that shows proper respect toward and protects one of the world’s most transparent Administrations for corporate governance and tax compliance. I therefore thank my noble friend Lord Naseby for enjoining us all to press on the Government the need for common sense and respect—particularly where Bermuda is concerned—for their constitutional integrity.

[Baroness Hooper (Con)]

My Lords, with all due respect to those who have spoken against the amendment, anybody listening to the arguments that have been put forward in support of my noble friend Lord Naseby’s amendment would happily follow him into the Division Lobby should he decide to test the opinion of the House. I declare a long-standing interest in the overseas territories: I am a vice-chairman of the Overseas Territories All-Party Parliamentary Group and an officer of many of those for individual overseas territories.

It seems extraordinary that these territories, which keep all the required records available to be shown to the appropriate authorities, should be required to publish them as a result of what seems to have been a last-minute decision in the other place. I had not intended to speak to the amendment, but I was tempted to do so to show my support for the overseas territories and my noble friend’s amendment.

[Baroness Northover]

My Lords, I will address the principles of this. The proposal was narrowly defeated in the Lords and has been debated for many years. Personally, I was delighted by the coalition across the parties in the Commons on this issue and I commend the Government on recognising that coalition. I especially commend the noble Baroness, Lady Stern, my noble friends Lady Kramer and Lord McNally, and others on their long fight on this issue. The transparency of public registers of beneficial ownership is the key issue and it will bring change. I have seen the positive effect of the unexpected spotlight provided, for example, by the Panama papers in some of the areas on which I focus in Africa. I have seen steady change and I welcome the decision to adopt public registers of beneficial ownership in the United Kingdom. London has not collapsed: Brexit may do more damage. I have seen the effect that bribery legislation in the United States, Europe and elsewhere has had on companies trading around the world and I have seen the change as a result, which we will see here too.

I recall some saying that the Bribery Act would differentially damage UK business. Ken Clarke saw those people off and rightly so. The noble Lord, Lord Naseby, did his right honourable friend Andrew Mitchell a disservice: he worked for many years in banking and spent many years supporting international development, so he does know both sides. Therefore our position is that we do not support the amendment of the noble Lord, Lord Naseby, for the reasons I have given of that change occurring across the world over time: it is very beneficial and if the overseas territories are concerned about losing that business then it is probably, as the noble Lord, Lord Anderson, indicated, business that they should not wish to have.

Commonwealth Heads of Government Meeting 2018

Baroness Hooper Excerpts

Thursday 22nd March 2018 Lords Chamber

[Baroness Hooper (Con)]

My Lords, this is an exciting moment for the United Kingdom to be hosting CHOGM, and it gives those of us who are despondent about exiting the European Union the chance to think positively and constructively about our relationship with Commonwealth countries, with which we have so much in common. The theme “Towards a Common Future” is very apt, and we are indebted to my noble friends Lord Ahmad and Lord Howell for giving us this opportunity and starting the debate with such eloquence.

There is so much to say that it is difficult to confine oneself in the short time available. First, I want to speak about the Commonwealth Parliamentarians’ Forum, as indeed have others. Over the years, not only in the CPA UK branch but at international CPA assemblies, people have raised the issue of the lack of parliamentary representation at heads of state meetings, which is particularly important for those countries with presidential systems. Tribute should be paid to the CPA UK branch for grasping the opportunity to organise what was a successful initial meeting. As has already been pointed out, the forum engaged more than 80 delegates from across 30 Commonwealth countries, covering Africa, Asia, Europe, the Pacific, the Caribbean and the Americas, and an equally impressive youth delegation of leaders and activists in their respective fields. I attended many of the sessions and I know my noble friends Lord Ahmad and Lord Howell, and others from the House, were welcome and important contributors.

The declaration resulting from our deliberations will, I hope, be considered fully at the CHOGM in April and influence the final outcome. I hope too that this event becomes an established part of future CHOGMs. I would like to see the Parliamentarians’ Forum and its declaration continue to be part of the build-up to and preparation for future CHOGMs. The United Kingdom’s role of Chair-in-Office over the next two years gives us the opportunity to advance this suggestion, as well as the many other novel and practical suggestions that have been made during this debate. I hope the Government will do so.

Secondly, I would like to focus on the status of overseas territories. The United Kingdom still has 14 overseas territories, tiny territories with independent constitutions, mostly standing on their own two feet. I recognise that other Commonwealth countries also have overseas territories—Nigeria, and Australia with Norfolk Island, spring to mind. An international grouping of them all, similar to UKOTA for the United Kingdom overseas territories, could be encouraged. Why can the overseas territories not have some sort of independent voice and status within the Commonwealth and independent representation at CHOGMs? A way could surely be found to elect one or more representatives of overseas territory Governments in order to at least have observer status. Given the importance and impact of climate change on these tiny territories and their rich biodiversity, it would be appropriate. Although this may not be on the agenda for CHOGM in April, given the comments of my noble friend Lord Howell about reaching out to other organisations, I hope the idea can at least be considered at the fringes, and that it has the support of my noble friend the Minister and is carried forward during our two years as Chair-in-Office.

My third point is about education, which is very much on the agenda of the April CHOGM. Its importance has already been recognised in the course of the debate. In the late 1980s I had the role of Education Minister in your Lordships’ House, and I attended the Commonwealth Education Ministers’ meeting in Kenya, in 1988. The late Asa Briggs, the eminent educationalist and former Member of your Lordships’ House, proposed the concept of a university of the Commonwealth. The outcome was the Commonwealth of Learning referred to by my noble friend Lord Howell and others. Although it does great work, it is not as well known as it should be. We should revisit the name and it should be known as the University of the Commonwealth, but the important thing is to find a way to ensure that its work is better understood and appreciated.

Again and again, the subject of education was raised at the Parliamentarians’ Forum and the declaration makes reference to a focus on Commonwealth education in school curriculums, not just in the United Kingdom. There are many other ways we can take advantage of our common language—exchanges of teachers and more scholarships for young people, building on the excellent existing Commonwealth scholarship scheme. Let us keep up the momentum engendered by this CHOGM here in London and continue to monitor progress and activity, with all the means at our disposal here in your Lordships’ House, in order to achieve that common future.

Commonwealth

Baroness Hooper Excerpts

Thursday 16th March 2017 Lords Chamber

[Baroness Hooper (Con)]

My Lords, I am most grateful for the opportunity to speak briefly during the gap, and declare an interest as a member of the executive committee of the Commonwealth Parliamentary Association and as a member of the All-Party Parliamentary Group on the Commonwealth. I have also had the privilege of participating in bilateral visits to Commonwealth countries, as well as of attending the international assemblies organised by the CPA and building friendships and channels of communication—soft power, soft diplomacy, call it what you will.

Given all the talk about trade today, which is of course of great future significance, I wish to emphasise the importance of the democratic process, effective parliaments and parliamentary co-operation. After all, many, although by no means all, Commonwealth country parliaments are based on the Westminster model, so we have an undeniable special interest. The noble Lord, Lord Luce, said that the Commonwealth Parliamentary Association had not been mentioned so far. My intention in speaking in the gap was to mention it. I believe that it is fundamental, and the United Kingdom branch has played a leading role in developing parliamentary relationships, not only through bilateral visits but by setting up workshops, seminars and round tables to enable the exchange of information on parliamentary procedures and practices and ways of holding Governments to account—especially in encouraging more women to participate in parliamentary work. My noble friend Lady Berridge referred to that.

I therefore hope that the United Kingdom branch of the CPA will be recognised for the important work that it carries out, permitted to participate in the preparation for the CHOGM agenda, and guaranteed a place at the meetings—as well as being involved in appropriate fringe meetings. I hope that my noble friend will be able to give assurances on that.

As a postscript, and something else that has not yet been mentioned, I refer to the overseas territories—those tiny territories that are also part of the Commonwealth. I hope that they, too, can have suitable representation and presence at the CHOGM in London next year.

Brexit: UK International Relations

Baroness Hooper Excerpts

Thursday 26th January 2017 Lords Chamber

[Baroness Hooper (Con)]

My Lords, I join noble Lords in sending good wishes for a speedy recovery to our noble friend Lord Howell and I thank my noble friend Lord Jopling for his masterful performance in introducing this wide-ranging debate at short notice. I shall concentrate on the first of the two Motions, but I am glad that I have been able to hear so many well-informed contributions on that first report of the International Relations Committee.

Much has been said about the special relationship with the United States of America, especially in the light of the Prime Minister’s visit. However, I wish to draw attention to the special relationship between the United Kingdom and the countries of Latin America: that is, from Mexico, through to central and South America—countries with a combined GDP as great as that of China and a combined population of over 500 million. From the historic support given by George Canning and his Government to the independence movement led by Simón Bolívar, San Martín and Bernardo O’Higgins just over 200 years ago, to the development of infrastructure, especially railways, and considerable involvement and co-operation in agriculture, in particular cattle-breeding, which helped develop the trade in meat for which countries such as Argentina, Uruguay and even Venezuela are rightly famous—not to mention the introduction of football—British engineers and farmers, entrepreneurs and immigrants have been welcomed and appreciated in the 20 independent and sovereign democracies I am talking about. As a consequence, the British are regarded with esteem and affection throughout the continent. There are many open doors to push on.

Many of your Lordships will know that my vote in the referendum was cast in favour of remaining in the European Union. I was bitterly disappointed at the result. Nevertheless, I have been surprised and pleased by the way the Governments of Latin American countries are now showing great enthusiasm for building up new direct relationships and potential trade agreements with the United Kingdom. Their ambassadors on the ground here in London are working actively, looking at the opportunities and possibilities that follow on from Brexit.

Given that our allotted time is short, I shall concentrate on Mexico, since its Under-Secretary of Foreign Affairs chose to come to the United Kingdom earlier this week as his first port of call in Europe. He delivered the message that Mexico remains a nation open to the world, competing in global markets with high-value products and services, and stands ready to start negotiations on a trade agreement with the United Kingdom once we formally leave the European Union. This is in spite of the fact that, as a result of the new Administration in the United States, it faces clear obstacles to conclude the long-negotiated Trans-Pacific Partnership Agreement, a possible renegotiation of the NAFTA agreement, and the wall. Mind you, Ambassador de Icaza was adamant that the Mexicans would not pay a peso to the construction of that wall.

I hope my noble friend will take this message back to the Foreign Office and ensure it is heard in the Brexit, trade and other relevant departments. At the same time, I hope it will not be forgotten that countries such as Peru, Chile and Colombia also have economic growth rates to be envied; that Brazil, in spite of its apparent difficulties, has a huge and significant economy in world terms; and that our relationship with Argentina’s new Government is improving by leaps and bounds. In short, the Canning agenda, so clearly outlined by my noble friend Lord Hague of Richmond when he became Foreign Secretary, will be enhanced and revitalised so that the United Kingdom can enjoy the new opportunities offered in trade, investment and other long-term relationships with the countries of Latin America.

Overseas Territories Joint Ministerial Council

Baroness Hooper Excerpts

Thursday 3rd December 2015 Lords Chamber

[Baroness Anelay of St Johns]

My Lords, discussions are ongoing about whether those registers will be public. Of course, some overseas territories feel that that is not appropriate to them. These discussions are continuing, but we have made great progress. We do not put a deadline on this, because the overseas territories have their own elected Governments; therefore we work in partnership with them. We do not dictate to them but work with them.

[Baroness Hooper (Con)]

My Lords, in the past, representatives of the overseas territories have accompanied Ministers in their attendance at international meetings and conferences; I know that from my own experience, particularly in the Department for Education. However, it has been pointed out to me that at the recent and current meetings in Paris on climate change, no representation from the overseas territories was invited by the Government. Given what the Minister has said in reply to the previous question and that the overseas territories are likely to be greatly affected by climate change, is that not a mistake, and what is the Government’s policy on this for the future?

[Baroness Anelay of St Johns]

My Lords, our policy has been very firmly to engage the interests of the overseas territories in our discussions on climate change. I can say that with some confidence simply because it is one of my ministerial duties at the Foreign Office to be in charge of our participation in the COP 21 process. Therefore I have been involved in the soft diplomacy, which has involved my working with the small island developing states, not only in this country but when I have visited New York and attended ministerial week there. My noble friend is right to say that the overseas territories do not as of right have the opportunity to attend a vast range of international meetings because they are not sovereign nations, but they are able to attend the summit occasions by invitation. On this occasion I assure her that they have been fully involved in discussions beforehand, and I believe—although I do not have a record of this—that they submitted their views to the association of small island developing states when they came to their conclusions.

Greece: New Government

Baroness Hooper Excerpts

Tuesday 3rd February 2015 Lords Chamber

[Baroness Anelay of St Johns]

My Lords, I agree with every word that my noble friend said.

[Baroness Hooper (Con)]

My Lords, can my noble friend reassure us and confirm that the relationship between Greece and the UK has been greatly reinforced by the educational exchanges that have taken place over the years, especially in the field of medicine? Will she therefore reassure us that the existing educational initiatives will be reinforced?

[Baroness Anelay of St Johns]

My Lords, I entirely agree with my noble friend on the importance of those educational exchanges. Work is done throughout various government departments and the FCO always looks very carefully at how we can give advice on such matters, too.

Exports: Government Support

Baroness Hooper Excerpts

Thursday 29th January 2015 Lords Chamber

[Baroness Hooper (Con)]

My Lords, I, too, welcome the opportunity to debate this important topic. I thank my noble friend Lady Wheatcroft for giving us that opportunity and for the thorough way in which she introduced her Motion. Exports can be said to be the lifeblood of a country—a measure of its economic performance and growth. They are certainly to be encouraged as a route to a more balanced economy. A plan for growth, such as the plan published in 2011, is a good thing but it is how it is implemented that counts. This debate, and the response from the Minister, which we all eagerly await, will go a long way towards showing what has been achieved and may even emphasise what remains to be done. I was startled to learn recently that 31% of world imports come to Europe, while the figure for the United States is 12%, and for China 10%. I have not yet been able to find comparable figures for exports, and I hope that the Minister may be able to enlighten us.

My own experience lies chiefly in Latin America. I have led trade missions there and, as president of Canning House, worked with LATAG—the Latin American Trade Advisory Group, which was funded by the then DTI—to stimulate interest in the region and, particularly, to encourage and support SMEs. At the time, the British Chambers of Commerce also played an important role, leading government-funded missions on a regular basis, and commercial departments in embassies were expanding their activities and influence. In saying all this, I am going back to the late 1980s and early 1990s, when Latin American countries, rich in commodities, were establishing that they could have stable democracies and provide many commercial and investment opportunities.

However, the government funding then all sadly dried up, because of the emphasis being redirected towards trade with China. I always argued that the good will towards the United Kingdom which exists in Latin America because of our historic links and the established major companies which operated there gave us an advantage. However, embassies were closed or downsized and the British banks, which had been evident and much respected throughout the region, pulled out one by one. Now the only British bank to be found in the whole region is HSBC in Brazil and Mexico. The consequences of that, especially for SMEs, are obvious. Now, of course, Spanish banks have replaced the British banks, although I hope that this trend may be reversed with time.

The noble Viscount, Lord Montgomery, and I waged a sometimes lonely battle to wave the flags and lead the protests, to little or no avail. Following the comments of my noble friend Lord Risby, I must also mention that successive Lord Mayors of the City of London have also been loyal to the region. Therefore, it was a great relief to hear my right honourable friend William Hague, in his early days as Secretary of State in the Foreign Office, deliver the Canning lecture and say that all that was going to change. We have now seen multiple visits by members of the Royal Family, Ministers and even the Prime Minister, accompanied by high-level trade delegations. We have seen the reopening of embassies, new consular offices, and the development of UKTI activities and, indeed, UK Export Finance activities. We have also seen the appointment of a trade envoy—of which my noble friend Lord Risby is an example—to Mexico in the shape of my noble friend Lady Bonham-Carter. There is a much needed emphasis on energy, health and education—where the British Council comes in—as priority areas and sectors to promote. There has also been agreement on trade treaties on both a bilateral and, via the European Union, multilateral basis.

All this comes at a good time. Most Latin American countries are considered to be middle-income countries, with burgeoning middle classes with increasing expectations. It could be said that Latin America is entering a new economic cycle, and I am glad that the United Kingdom is now better placed to take advantage of that. Scotch whisky has always been a winner—I think that it is the biggest single export to Venezuela, for example. As another example, we have seen this in both motor car exports, to which my noble friend Lord Lang referred, and the automotive parts industry, which, in turn, helps to grow the motor car assembly plants which flourish in the region. That is a good balance of interests. The digital economy, which has been referred to, can also play an important role in the future.

Nevertheless, things still need to be done. Languages have been mentioned. The importance of even a basic knowledge of the language and, therefore, the customs of the country where a company wishes to operate is of immense value. I hope that the Department for Education and those who consider the national curriculum will take note of that.

The implementation of trade treaties, as well as their ratification and monitoring, is important. It was drawn to my attention recently that the trade agreement between the European Union and central America, which I think was entered into a year ago, has not yet been ratified by the United Kingdom. Indeed, only 12 of the 28 European Union countries have so far ratified it. I hope that my noble friend will be able to give us some good news on that score.

The third thing that needs to be emphasised, about which my noble friend Lord Cope spoke eloquently, is of course the need to help and support SMEs. There are important opportunities in central America, where there are small countries but many opportunities. I declare an interest as the honorary president of the Central American Business Council, which last year organised a very important conference, UK-Central America—New Business Opportunities, which led to a number of new companies entering central American markets. With the opening up of Cuba and the re-establishment of relations between the United States and Cuba, I hope that we will not lose our place, given that we have nurtured our relationship with that country and that our Foreign Office Minister visited very recently.

I end with a plea for consistency and follow-through of policies, which are clearly now moving in the right direction. Whatever Government emerge after the election, I hope that they will keep up the good work.

The Bilateral Agreement for the Promotion and Protection of Investments between the United Kingdom and Colombia

Baroness Hooper Excerpts

Wednesday 30th July 2014 Grand Committee

[Lord Stevenson of Balmacara (Lab)]

My Lords, the UK-Colombia bilateral investment treaty, or BIT, is designed to provide important protections to British investments in Colombia. My purpose in raising the issue today is to draw attention to the fact that these protections are controversial. Without putting down this Motion there would have been no chance to discuss these issues, which many people inside and outside Parliament would like to see raised. These concerns include a feeling that the balance of the treaty may be wrong, in that it gives excessive protection to investors while limiting the ability of the host country to regulate the FDI, and a question about whether the treaty deals with business and human rights, in the light of the growing impact of the UN’s generally accepted principles on business and human rights.

However, it is important to note at the start of the debate that UK business does not appear to need this agreement to encourage investment in Colombia. Colombia is one of UKTI’s 20 high-growth markets and the UK is already the second largest foreign investor, much of it in the extractives industry. Between 2009 and 2012, UK exports of goods and services to Colombia rose by 126%, the highest level of any of our major markets. Over the next four years, it has been predicted that Colombia will invest £50 billion in oil and gas and, over the next eight years, around £60 billion in infrastructure.

I am extremely grateful to the noble Lord, Lord Livingston, for providing some background information about the treaty, which has been very helpful to me in preparing for this debate. From this I note also that he has been active in working on various other things. I think that we all got these documents this morning and it is very good to see them, following a discussion where we felt that more could be done to try to proselytise for TTIP and other work in this area. I am glad to see that these documents have come round. However, the background information supplied suggests that the BIT was actually negotiated during 2008-09 but that ratification has been delayed as the treaty of Lisbon, which transferred exclusive competence for FDI to the European Union, entered into force before the agreed text was signed.

In view of this, some people have argued that the text of the treaty is out of date and should instead reflect the direction of travel as envisaged in more recent treaty negotiations, such as TTIP. It is also the case that during the time that has elapsed since the treaty was negotiated, the UK has embraced the UN Guiding Principles on Business and Human Rights and is one of the first countries to produce an action plan, which we certainly welcome. However, we accept that the debate on how future BITs should be structured to ensure a satisfactory balance between protection of investments and the right of local Governments to regulate in the public interest is not new. We also accept that the text of the current treaty departs substantially from previous UK practice, although I suspect that some of the changes made are not necessarily going to be made more acceptable as a result.

It is interesting to note that the BIT was ratified by the current Colombian Government in 2013 and that they have subsequently been pressing the UK Government strongly, at both ministerial and official level, to complete their ratification process at the earliest opportunity. This suggests that the Colombian Government view the entry into force of the BIT as positive, bringing benefits to Colombia through helping attract new foreign investment, and have considered that these benefits outweigh the risks of investor claims and impacts on public policy. But in the unlikely event that anyone thinks that these are hypothetical risks, Colombia’s neighbours Ecuador, Peru and Mexico have been the subject of 14, three and 10 claims respectively. I am told that $81.4 million is the average compensation paid to investors over the 83 known ISDS awards in favour of the investor to July 2013. Indeed, last year’s award of $1.17 billion to Occidental from Ecuador was the equivalent of the country’s entire education budget.

I am sure that the Minister will seek to persuade us, when he comes to respond, that despite the time that has elapsed the Government believe that the signed text reflects the current public debate and is fit for purpose in that context. However, some substantial concerns remain and I hope that the debate will help persuade the Government of the need to reflect carefully on whether the treaty correctly balances providing protection for investors and giving the Colombian Government the space they need to regulate in the wider public interests.

Other noble Lords, I am sure, will raise other points around this topic. I will therefore limit myself to two examples. The first is land reform. The treaty includes a form of investor-state dispute mechanism—narrower, as we are told—which will allow Columbia to be sued in an international arbitration tribunal. These tribunals take place behind closed doors and grant investors the right to sue democratically elected governments. However, neither the host government nor communities affected by such investments have rights to challenge that investment. As the Minister knows, land issues have been at the heart of the Colombian internal conflict, and nearly 6 million people have been forcibly displaced, so many people think land reform is the key to the peace discussions with FARC, which are currently taking place in Havana.

Will the Minister explain why the treaty will not prove challenging to the Colombian Government in pursuing land reform issues? Will he also reassure us that it will not put at risk implementing the land and victims law passed in 2011, under which land is due to be returned to victims of the recent conflict? Will he also comment on the suggestion that the solution to the problems posed by ISDS mechanisms would be to enact proper domestic legislation to protect FTI investors, as is happening in South Africa?

Secondly, on human rights, because of the long period of gestation of this treaty, it was drafted before the emergence of the UN’s Guiding Principles on Business and Human Rights. Rightly, the EU is committed to signing treaties only with countries that meet its values of democracy, the rule of law and respect for human rights. The Colombian Government have made good efforts to strengthen the rule of law, to condemn human rights violations and take action against illegal land appropriation, and there are now significant legislative and public policy initiatives in the field, which we welcome. However, there is more to come and we need to make sure that we support and get behind these initiatives.

Equally, the UK has made significant commitments recently in its action plan to implement the UN’s Guiding Principles on Business and Human Rights. In particular, the UK has undertaken to ensure that,

“agreements facilitating investment overseas … incorporate the business responsibility to respect human rights, and do not undermine the host country’s ability to meet … its international human rights obligations”.

I do not see that wording in the treaty. When the Minister responds, will he point to where the text reflects that sentiment, and explain how the UK will ensure that this treaty does not undermine Colombia’s ability to meet its international human rights obligations?

Will the Government not go further? Given that the situation on the ground is still developing, and bearing in mind our commitment to the UN guiding principles, does the Minister agree that it might be appropriate if he prepared an annual monitoring of the treaty in terms of its human rights impacts, with the results of this monitoring perhaps incorporated into the FCO annual human rights report?

Finally, when this treaty was considered by the Secondary Legislation Scrutiny Committee, the instrument was drawn to the special attention of the House on the grounds of policy interest. The committee had some reservations about the effectiveness of the protection for the investors because of the way the treaty is worded, and picked up on the difficulties these arrangements may create in relation to the human rights of certain groups within Colombia.

The committee’s report goes on:

“We have offered the Government the opportunity to respond and, if received, we will publish the response in our next report”.

I checked the other day and no response had yet been submitted. Will the Minister say whether the Government intend to respond to the Secondary Legislation Scrutiny Committee and if so, when this might be received? I beg to move.

[Baroness Hooper (Con)]

My Lords, as someone with a strong interest in Latin America and as a member of the European Union Select Committee, it is important to question the Government on this bilateral agreement. I congratulate the noble Lord, Lord Stevenson, on having spotted the need and opportunity for this debate, and on setting out the background so clearly.

There are three main areas of concern, which have already been referred to and no doubt will arise in other contributions. First, the treaty excludes important reforms currently being considered at European Union level in relation to the Transatlantic Trade and Investment Partnership between the European Union and the United States, on which the European Union Select Committee has reported. These are designed to mitigate some of the serious problems associated with investor-state dispute settlements.

Secondly, it does not contain human rights obligations on investors in spite of the Government committing to this in our recent national action plan on the United Nations Guiding Principles on Business and Human Rights. Thirdly, it creates legal uncertainty and could undermine the land reforms referred to by the noble Lord, Lord Stevenson, which are vital to the peace process in Colombia. In that, the treaty is inconsistent with other areas of government policy which seek to support human rights and peace in Colombia.

However, I would go further. Although this is a general point which could affect all trade treaties, it has particular significance for Colombia. If we think that United Kingdom companies operate to high levels and standards in other areas which have not been emphasised, we should seek to replicate those standards and levels in our international trade treaties. For example, corporate social responsibility could and should be encouraged, and referred to in these agreements. A company’s involvement in social issues in its neighbourhood and community are well appreciated and are now the norm in the United Kingdom. UK companies equally should feel obliged to follow similar standards in their operations overseas.

By the same token, environmental interests and concerns should be taken into account. I am interested to see that the department’s leaflet referring to the EU-US trade treaty refers to the fact that the high environmental standards and targets which we now have in place in this country are non-negotiable. I believe that in order to encourage that there should be a system of green points for those companies which commit to action in this area. For example, a project in Colombia with which I have become involved focuses on the Media Magdalena valley, an area which during the difficult terrorist periods was completely closed. People moved away and, therefore, flora and fauna had a wonderful time getting on without human interference.

Now that the peace process is proceeding, people are beginning to go back. Illegal gold mining is already taking place, which introduces mercury into the river and waterways, and into the food chain for animal life. This project is being co-ordinated by Neil Maddison, head of conservation at Bristol Zoo. Its aim is to help to preserve wildlife, flora and fauna in general, and to encourage people who go back to live in the area and companies which intend to invest in the area to observe the highest possible standards. That does not go quite as far as a national park regime—it falls a little short of that—but it would gain those companies green points. I believe that that very much is the way forward.

This is an important issue and it is a very good opportunity to ask the Government to comment on not only this trade treaty and any possible changes that could be made to it but to further push our high standards in our overseas commitments.

[Lord Alton of Liverpool (CB)]

My Lords, it is a great pleasure to follow the noble Baroness, Lady Hooper, whose knowledge of Latin America is probably unparalleled in your Lordships’ House. She and I are both members of the All-Party Parliamentary Friends of CAFOD, for which I serve as treasurer. A few months ago, with the Labour Member of Parliament, the right honourable Tom Clarke, who chairs that group, I met a group of Colombian human rights advocates, indigenous Colombians and Afro-Colombians, who were in the UK as guests of that charity. CAFOD is also part of the coalition ABColombia, which is an alliance of CAFOD, Christian Aid, Oxfam, SCIAF and Trocaire. I was profoundly moved by the commitment of those who have put their own lives at risk in working for peace and human rights in Colombia, but also shocked by the scale and nature of some of the egregious violations of human rights which they described. I promised them that, if the opportunity arose, I would try to draw Parliament’s attention to the dangers that they faced. Therefore, I am particularly grateful to the noble Lord, Lord Stevenson of Balmacara, for moving this Motion today, which gives us the opportunity to raise questions and to do just that.