Burma: Military Coup
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Lord Ahmad of Wimbledon (Con)
My Lords, let me assure the noble Baroness that we are working closely with our allies, including the United States, in this respect. I have already outlined the first action that we have taken as president of the UN Security Council. On the issue of the international arms embargo in Myanmar, let me also assure the noble Baroness that, at the end of the transition period, the specific restrictions that applied as part of our membership of the EU were rolled forward into domestic law. Of course we will consider any further action that needs to be taken in this respect.
Baroness Northover (LD)
My Lords, the military coup in Myanmar is hugely worrying, so can the noble Lord say more about how the Government are building a coalition of countries willing to impose embargos, as others have mentioned, and sanctions, and also protection for the Rohingya, who will now be in even greater danger, including by joining the genocide case at the International Court of Justice?
Lord Ahmad of Wimbledon (Con)
My Lords, on the noble Baroness’s final point, of course we are very supportive of the action at the ICJ, and we are looking at the situation of a formal intervention. Myanmar was supposed to come back in January, I believe, with its challenge to the action. We have not yet been formally been told of that, but I understand that it has been put in by Myanmar. In terms of international coalitions and actions, as I have already alluded to, we are working with international partners and directly with the Myanmar Government—yesterday my honourable friend the Minister for Asia summoned the Myanmar ambassador to convey the sentiments that I expressed in my original Answer.
Alexei Navalny
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The Minister of State, Foreign, Commonwealth and Development Office (Lord Ahmad of Wimbledon) (Con)
My Lords, I am sure that I speak for all noble Lords when I join the noble Lord, Lord Collins, in commending the courage of what we have seen, not just in Moscow but around Russia, in support of Mr Navalny and his early and immediate release from detention. In response to the noble Lord’s question, the Russia report remains a key priority, as I said in your Lordships’ House last week. Our response was issued on the day. In addition to what the noble Lord mentioned, legislation will also enable security services and law enforcement agencies, for example, to tackle early threats of hostile activity. The National Crime Agency offences to criminalise harmful activity will be strengthened. As I said last week, we are reviewing visas in tier 1 issued before 2015. We will be working on the legislative timetable through the usual channels.
On sanctions, the noble Lord will be aware that we have already sanctioned one organisation and six individuals on the issue of the poisoning of Mr Navalny. On the issue of future designations, we will look at egregious abuses of human rights. As the noble Lord is aware, we are currently looking at corruption. We will be looking to see how we can broaden the scope of the sanctions regime in the near future.
Baroness Northover (LD)
My Lords, I too pay tribute to Mr Navalny and the other courageous protesters. The noble Lord rightly said that sanctions are most effective when a number of countries jointly implement them. What joint action are they taking with the EU on sanctions in this appalling case, especially given that Mr Navalny was diagnosed in Germany as having been poisoned with Novichok? Does the Minister agree that it would help such joint working with the whole of the EU if the Government recognised the EU envoy as an ambassador?
EU Ambassador to the UK: Diplomatic Status
Baroness Northover Excerpts(3 years, 10 months ago)
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Lord Ahmad of Wimbledon (Con)
My Lords, it is not for me to answer about what other countries offer the EU in terms of privileges and immunities. I can confirm that the EU delegation has the necessary privileges and immunities to enable it to carry out its work in the UK effectively. As I said—noble Lords will acknowledge that this is one of those occasions where I am, in general, repeating the key message I seek to deliver—we are currently live in negotiations with the European Union on this very issue. In no manner should I pre-empt the outcomes of those important discussions.
Baroness Northover (LD)
My Lords, I detect an imminent U-turn. As the Minister knows, the UK has worked very closely with EU ambassadors in many countries to make sure that approaches are agreed and pressure is as effective as possible. Will the UK no longer recognise them as ambassadors, further weakening the UK’s ability to muster support for common approaches on issues, including human rights, an area for which he has personal responsibility?
Lord Ahmad of Wimbledon (Con)
My Lords, I assure the noble Baroness that we will continue to work with EU representatives across the world, as well as the EU directly, on important priorities and our shared values, including human rights.
Xinjiang: Forced Labour
Baroness Northover Excerpts(3 years, 10 months ago)
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Lord Collins of Highbury (Lab)
My Lords, the serious human rights violations in Xinjiang are of enormous concern across all sides of this House. I welcome the Statement and the Government’s recognition of the need for the UK to act. However, it is disappointing that, once again, the Government have been unable to bring forward proposals for sanctions against those responsible for the abuses. We in this House have repeatedly asked whether they will apply Magnitsky-style sanctions to officials involved in the persecution of the Uighur Muslims, only to be told that they will not provide a running commentary on the designation of sanctions. The evidence of slave labour, in addition to forced detention and other serious abuses, is overwhelming. So, in the absence of such a proposal, can the Minister at least confirm whether discussions with global allies are taking place to prepare for sanctions like those already authorised by the US?
On the measures in the Statement, first, the Government have announced guidance to UK businesses on the specific risks faced by companies with links to Xinjiang. Such guidance is welcome but, unless it is legally enforceable, there may regrettably be some who do not feel the compulsion to comply. What representations has the Minister made to British companies that have supply chains running through the province, particularly those in the apparel industry? Considering that the European Union will introduce legislation next year on due diligence, does the Minister believe that such guidance should be legally enforceable?
Secondly, on changes to the operation of the Modern Slavery Act, I appreciate that the Foreign Secretary acknowledged that the Act is not working, and the proposed changes are welcome. Can the Minister indicate when we can expect the necessary legislation to be laid before Parliament, and will the affirmative procedure be used to allow both Houses to consider it in full? I hope that the Government will consider strengthening the Modern Slavery Act with more substantive changes; for example, Section 54 applies only to large companies with a turnover above £36 million. Do the Government intend to broaden the scope of the provisions?
Thirdly, on the guidance, is the Minister able to confirm that he is confident that this guidance alone is sufficient at this stage—or whether the Government intend to introduce necessary legislation to hold to account those who act against such guidance?
Finally, on the review of export controls, I warmly welcome this step. The Minister will be aware of the amendment to the Trade Bill, in my name and those of the noble Lords, Lord Purvis and Lord Alton, and the right reverend Prelate the Bishop of St Albans; that amendment is, of course, being considered by the Commons as I speak. Whatever the outcome of the Commons’ consideration of those amendments, I hope that the noble Lord will be able to explain tonight how the Government will ensure future trade agreements will not contribute to human rights abuses such as those in Xinjiang. The best way is to give Parliament proper opportunity to scrutinise, which it has not had with the rollover agreements we have seen since Brexit.
Whatever action we take must involve like-minded international partners. It is now over a year since the Government called for United Nations observers to be given “immediate and unfettered access” to Xinjiang to verify claims, and the Government of China continue to refuse. Can the noble Lord set out what steps the United Kingdom will take at the UN, including at the Human Rights Council, to hold the Government of China to account? What steps are being taken to support the appointment of a UN special rapporteur for the investigation of forced labour and ethnic persecution in Xinjiang?
In addition to the UN, there is the G7 in June of this year, which the UK is set to host. Can the noble Lord tell the House whether there are any plans to place the horrendous human rights abuse in Xinjiang on that agenda? The human rights violations in Xinjiang have shocked the world in recent months, and it is now time for the world to respond and act.
Baroness Northover (LD) [V]
My Lords, I too thank the noble Lord for bringing us this Statement. The Foreign Secretary describes an appalling situation, with which we have become familiar. It is vital that our businesses do not benefit from slave labour in Xinjiang or anywhere else. The possibility of genocide must always be at the forefront of our minds, not least as we come up to Holocaust Memorial Day.
The Commons is indeed currently considering the amendments to the Trade Bill that we sent there. Ministers have been saying that Parliament, not the courts, should decide on genocide in relation to trade agreements. The noble Lord usually says international courts should decide on genocide, but he also admits that this is impossible when it comes to China. Yesterday, in relation to Nagorno-Karabakh, he said that
“it is a long-standing government policy that genocide is a matter for judicial decision rather than for Governments or non-judicial bodies.”—[Official Report, 18/1/21; col. 991.]
That seems in line with the amendment in the Commons. He said, “judicial decision”, not “international judicial decision” or “Parliament”: could he comment?
The Chinese Communist Party has described the forced sterilisation of Uighur women as “emancipation”. The UN convention on genocide clearly forbids this. The noble Lord will know that under the convention, when a state learns, or should have learned, of the serious risk of genocide, it must take action. Is his department making an assessment in relation to the Uighurs, and will he publish its conclusions? Given that China blocks routes to international courts, does he agree that the United Kingdom has a responsibility to find alternative routes to make the legal determination?
The second area I want to ask about, as the noble Lord, Lord Collins did, is the Magnitsky sanctions. The Government always say they keep these under review. The Minister will no doubt say that today, yet the US applies such sanctions in relation to China. Why do we not? The Foreign Secretary noted last week:
“Of course, many countries are nervous in their dealings with China because of its asymmetric economic clout.”—[Official Report, Commons, 12/1/21; col. 173.]
That is indeed so. The noble Lord rightly says that sanctions are most effective when undertaken jointly with others. There are three major economic blocs in the world: the United States, China and the EU. We now have to work that much harder to gain traction among European allies, not just France and Germany, so what progress are the Government making here?
The last area that I want to ask the noble Lord about is in relation to company law. I worked on the Companies Act 2006. We included supply chains. Can the noble Lord explain why neither the Companies Act nor the Modern Slavery Act have proved sufficient here? Clearly, reputation is vital. I noted how quickly companies acted after the Rana Plaza disaster when they realised that their reputations were at stake. What about public procurement? Can we be sure that the PPE that we so anxiously sought during the pandemic did not come from Xinjiang? There were reports of some of it originating in North Korea. Who will monitor and act on the proposed new measures? Which Minister in which department? Will legislation be brought forward as indicated—and, if so, when—to close the loopholes that the Government clearly identify exist in the Companies Act and the Modern Slavery Act?
The European Union, as the noble Lord, Lord Collins, noted, intends to introduce legislation on due diligence, which will be mandatory. Are we working with it so that our standards are at least equivalent? Will this issue be considered at the G7 or D10, or however it is defined, in June? I look forward to hearing the noble Lord’s response and also to the questions and answers from noble Lords who have so much experience in this area.
The Minister of State, Foreign, Commonwealth and Development Office (Lord Ahmad of Wimbledon) (Con)
My Lords, I thank the noble Lord, Lord Collins, and the noble Baroness, Lady Northover, for their welcome of the provisions that have been announced. I also reassure them that, as they will have seen, earlier today I was engaging with one of the key NGOs that I speak to on a regular basis on issues of human rights, with a specific focus on Xinjiang.
It is worth just taking a step back. I pay tribute to many in your Lordships’ House and in the other place, as well as other advocates around the world, in seeing where we have got to on this important issue, even over the last three years. There was a time where the issue of Xinjiang and the situation of the Uighurs was not often debated. However, because of the advocacy from across your Lordships’ House and in the other place, there is a real strength and a real momentum behind the actions we have seen in international action, with the United Kingdom working with key partners. We have also had rich debates on various Bills, as well as more generally as we are doing today on specific matters relating to the situation in Xinjiang. I pay tribute to all noble Lords and Members in the other place for their continued not just interest but strong advocacy, for that is what is required.
Picking up on some of the specific questions, first, on the issues raised by the noble Lord, Lord Collins, on guidance and working with businesses, from my own experience of the private sector over 20 years I think that the approach of successive Governments, because of the nature of the environment we work in, has always been to work with business and to offer guidance and structure so businesses can act. This new robust and detailed guidance to UK business sets out quite specific risks faced by companies with links to Xinjiang, underlining the challenges of effective due diligence—a point made by the noble Baroness, Lady Northover, as well. There will be a Minister-led campaign of business engagement—which was a point the noble Lord, Lord Collins, again raised—led by my right honourable friend the Home Secretary with an organised forum called the Business Against Slavery Forum made up of businesses, which I understand my right honourable friend the Foreign Secretary will also attend.
The noble Lord, Lord Collins, also raised sanctions and further designations, as did the noble Baroness, Lady Northover. I have to be consistent with what I said before: we keep the situation under review, across the world, because it is important in the new regime introduced by this Government that we continue to monitor abuses of human rights. I assure noble Lords that we will continue to act.
Answering a point that the noble Baroness raised about acting with key partners, we have carefully noted the action taken by the United States. We worked closely with the European Union during the transition period and, as we have come to the end of that, we will build a new engagement and relationship. As my right honourable friend the Prime Minister said, we want to be the closest ally and friend to the European Union, and we will work together on our shared values agenda.
As I have said—and I stand by this, as it is important for sanctions policy—there is sometimes no necessity for institutional frameworks, as we have seen and demonstrated in our relationships with Australia, Canada and the US. But it is important for relationships to be strengthened further. We will continue to work with all our allies, including the European Union, as we bring forward sanctions, across the world, to ensure that those who abuse human rights are held to account and suffer as a consequence.
The noble Lord, Lord Collins, talked of new legislation and confirmation through the affirmative procedure for some of the changes proposed to the Modern Slavery Act. My right honourable friend the Home Secretary will shortly bring forward details of those changes; these will be discussed through the usual channels. They will include further intent to impose financial penalties on businesses that do not comply with their transparency obligations in this respect.
The noble Baroness, Lady Northover, and the noble Lord, Lord Collins, both raised this issue. I go back to 2015, when my right honourable friend the Member for Maidenhead, Theresa May, was Home Secretary. I remember working directly with her on this ground- breaking Act, when we were spurred on by what was happening in the UK. This was well supported across all parts of your Lordships’ House. It set the premise and basis for actions that we can take today. Other countries, such as Australia, have followed the United Kingdom’s lead. Yes, more work needs to be done and more actions need to be brought, but the steps we are taking on Xinjiang underline our commitment to further strengthening the Modern Slavery Act. It was set up to ensure that we stop supply chains that abuse people’s human rights. We will make full use of and, where necessary, strengthen the provisions of that Act.
I also assure the noble Baroness, Lady Northover, that the Government will provide guidance and extend provisions to support all UK public bodies to use public procurement rules to exclude suppliers where there is sufficient evidence of human rights violations in supply chains. Compliance will be mandatory for central government, non-departmental bodies and executive agencies. We expect this to increase public sector bodies’ ability and willingness to exclude specific suppliers, and we expect increased scrutiny to drive up standards and due diligence. Again, the noble Baroness raised this point on companies supplying the Government.
Both the noble Lord and the noble Baroness raised international co-operation and continued advocacy. The noble Lord, Lord Collins, rightly raised action within the context of UN institutions, particularly the Human Rights Council. I look forward to engaging with him and the noble Baroness on this, as we look forward to the next Human Rights Council. The United Kingdom returns as a member, but it is also notable to see China returning. I assure your Lordships that we will focus on our agenda as we did at the previous Human Rights Council; our item 4 statement was specifically just on the issue in Xinjiang and Hong Kong. We will continue to retain focus and build momentum. We have seen success, as all noble Lords know, in the UN third committee, where 39 members, building on the 28 in June, supported our statement on the situation in both Xinjiang and Hong Kong.
On the G7 agenda, which was raised by both the noble Lord, Lord Collins, and the noble Baroness, Lady Northover, obviously we are working through the importance of the agenda. The Prime Minister recently announced that he himself will be hosting the G7 leaders in Cornwall, and of course the Foreign Secretary will be convening a meeting of G7 Foreign Ministers. As my right honourable friend the Foreign Secretary has said, the importance of the values agenda and of defending human rights will very much be factored into our thinking. As we are able to share some of the specifics of that agenda, I will of course do so.
Nagorno-Karabakh
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Lord Ahmad of Wimbledon (Con)
My Lords, I assure the noble Lord that the points he made are important areas to consider, not just in this conflict but in any conflict. I also assure him that those very points have been made in all our exchanges, with both sides. We have also emphasised the unfettered access of the ICRC to the region.
Baroness Northover (LD)
My Lords, following up on that, can the Minister tell the House what access the ICRC and other international bodies are being given in the area, to guard against feared ethnic cleansing? What follow-up might there be to independently investigate possible war crimes committed by either side?
Lord Ahmad of Wimbledon (Con)
My Lords, as the noble Baroness may know, on 30 October, the Foreign Secretary announced £1 million of funding to the ICRC to support its humanitarian efforts in this regard. We are working with international partners on the issue of access, to ensure that all people across the region receive the aid they require. It is important that crimes are fully investigated in any conflict, anywhere in the world. That is why we are very supportive of the work by the co-chairs of the Minsk Group of the OSCE in this respect.
Foreign Policy: UK-EU Dialogue
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The Minister of State, Foreign, Commonwealth and Development Office (Lord Ahmad of Wimbledon) (Con)
My Lords, we have agreed with the European Union that we shall co-operate on current and emerging global issues of common interest, including co-ordinating positions and maintaining dialogue in multilateral organisations. We do not need overly institutionalised formal arrangements or a treaty framework within the EU to continue to co-operate closely with allies on foreign policy matters, including EU member states. We shall continue to discuss shared foreign policy challenges and threats and we look forward to a future relationship based on constructive co-operation between sovereign and independent allies.
Baroness Northover (LD)
The 2019 political declaration, which the Prime Minister said he supported, proposed a partnership between the UK and the EU on foreign policy, security and defence matters. Why then did the United Kingdom not take forward a formal arrangement despite EU willingness? Will the Government now do so? If not, how do they plan to protect and promote our interests in Hong Kong or on sanctions and other issues?
Lord Ahmad of Wimbledon (Con)
My Lords, on the practical terms that the noble Baroness mentioned, she will be aware that we are working closely with EU partners and other allies on issues of sanctions and indeed issues relating to Hong Kong. The EU-UK Trade and Cooperation Agreement affirms our mutual commitment to democratic principles, the rule of law and human rights. As the noble Baroness will be aware, we are already working closely on many important issues—including issues of human rights, which are part of my portfolio—both bilaterally and through multilateral organisations.
Hong Kong: National Security Law
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Lord Ahmad of Wimbledon (Con) [V]
My Lords, we are acting in conjunction with our allies and have led international action in condemnation of the actions not just in Hong Kong but in mainland China. We regularly meet financial services organisations and remind them of their obligations to all their clients, but it would be inappropriate for me to comment on one specific case.
Baroness Northover (LD)
My Lords, we led in the EU on adopting human rights sanctions. Since the UK has refused the EU’s offer of a formal arrangement to address foreign affairs, when and if we introduce Magnitsky sanctions, how do we ensure that the EU follows suit?
United States: Global Priorities and Climate Change
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Baroness Northover
To ask Her Majesty’s Government what engagement they have had with the incoming government of the United States on their global priorities, including plans for international co-operation on addressing climate change.
The Minister of State, Foreign, Commonwealth and Development Office (Lord Ahmad of Wimbledon) (Con)
My Lords, my right honourable friend the Prime Minister spoke to President-elect Biden on 10 November and committed to building on our close and long-standing partnership in the years ahead in areas including trade and security. They look forward to working closely together on our shared priorities, including tackling climate change, promoting democracy and building back better from the coronavirus pandemic. The Prime Minister has invited President-elect Biden to COP 26 next year and we look forward to working closely with the US to address climate change.
Baroness Northover (LD)
President-elect Biden’s decision to engage globally and to sign the United States back up to the Paris Agreement is obviously extremely welcome. How are the Government engaging with his team to ensure that the US restores the climate funding that President Trump cut, and what role will the United Kingdom play in the extra climate summit that President-elect Biden has just announced?
Lord Ahmad of Wimbledon (Con)
My Lords, the noble Baroness is right that the Biden Administration have already committed to rejoining the Paris Agreement—Vice-President-elect Kamala Harris has announced as much following a recent event. The noble Baroness will be aware of the climate ambition summit, which also saw participation from the US, and we remain committed to working closely with the US. Announcements from the US about commitments to finance will be very much a matter for the Biden Administration.
International Human Rights Day
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Lord Ahmad of Wimbledon (Con)
I thank the noble Lord for his kind words. I join him in paying tribute to my predecessor in this role, who played a vital role on a whole range of human rights priorities. The noble Lord has some very practical suggestions. I assure him that I will take them back and write to my opposite number in the Department for Education to see how we could best take that forward.
Baroness Northover (LD)
My Lords, the Minister will have read the concluding statements from Andy Heyn, the consul-general in Hong Kong, on the restriction on dissent that he has seen during his time there and the fundamental changes that that has brought about in Hong Kong. What chances does the Minister see for the continuation of the vital independence of the judiciary there?
Lord Ahmad of Wimbledon (Con)
My Lords, the noble Baroness and I have had many a conversation on this issue. Of course, the instigation of the national security laws has caused great concern, including about the appointment of judges, which now sits with the Chief Executive. That is a concern. I cannot say what the future holds; that would be mere speculation. What is important is that we continuously remind the Hong Kong authorities of the importance of the independence of the judiciary.
Hong Kong: Sentencing of Pro-democracy Activists
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The Minister of State, Foreign, Commonwealth and Development Office (Lord Ahmad of Wimbledon) (Con)
My Lords, I thank the noble Lord, Lord Collins, for his remarks about a united response. I thank both him and the noble Baroness, Lady Northover, for their continuing engagement—not just within the Chamber, but more widely—on this important issue of human rights and on our relationship with China and the situation there.
The noble Lord asked about the important area of our ongoing relationship with the US. As he will be aware, we came together with key partners, including the US, Australia and New Zealand, over the situation in Hong Kong. We valued their support. We are going through a transition period with the US. My honourable friend in the other place was correct; my right honourable friend the Foreign Secretary has engaged on this agenda with the incoming US Administration. I also assure the noble Lord that we are continuing with the operational elements of our approach. I have had some meaningful exchanges with the State Department, and we are working closely with our US partners even during this transition period.
The noble Lord again pressed me about the human rights sanctions regime. We are looking at situations across the globe. The intent behind this regime is to look not at a country as a whole but at specific individuals and organisations. I am sure we shall continue to keep those aspects in mind, whatever sanctions are brought forward in future. He asked about the timeline. Patience is a virtue, and I hope that his virtue will not be tested for too long.
Baroness Northover (LD)
My Lords, I also welcome the Statement. We all share the Government’s concerns. Joshua Wong has been imprisoned for more than a year. As my honourable friend Wendy Chamberlain flagged up yesterday, under the Government’s current Immigration Rules, that would mean that he was barred from claiming asylum. Will the Government commit to following the Canadian Government and ensure that those charges are not a barrier to vulnerable activists being able to claim asylum in the United Kingdom? The Minister in the Commons responded sympathetically to my honourable friend, but he did not have an answer. I am sure that the noble Lord has looked at Hansard to see what happened in the Commons yesterday. I hope he has a better answer. If he does not, perhaps he can write to us.
Eight students have been arrested for protesting peacefully on university campuses. This reinforces how young people are particularly vulnerable to arrest under the national security law. Therefore, will the Government amend its BNO visa scheme to allow those born after 1997 to apply?
Lord Ahmad of Wimbledon (Con)
My Lords, we have already clarified our position on the BNO status of those born after a given date but who have a direct relationship with someone with that status. They will be considered when the scheme becomes operational. As the noble Baroness knows, that will be from 31 January 2021. As she will appreciate, the three activists—Joshua Wong, Agnes Chow and Ivan Lam—have not been charged under the new national security law. They accepted the charges levelled against them. Inasmuch as I can at this juncture, I assure her that we look at any asylum application to the United Kingdom on the merits of the particular case. If I can provide her with further details, I will write to her, as she suggested.