Hong Kong

Baroness Northover Excerpts

Tuesday 3rd September 2019 Lords Chamber

Asked by

[Baroness Northover]

To ask Her Majesty’s Government what is their response to the ongoing situation in Hong Kong.

[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 (Lord Ahmad of Wimbledon) (Con)]

My Lords, we are deeply concerned about the serious situation in Hong Kong. My right honourable friend the Prime Minister discussed developments with other leaders at the G7 summit, and my right honourable friend the Foreign Secretary has recently spoken to Chinese Foreign Minister Wang Yi and Chief Executive Carrie Lam. We condemn violence but support the right to peaceful and lawful protest. Meaningful political dialogue taken forward by Hong Kong under its high degree of autonomy is the best way to resolve the current impasse.

--- Later in debate ---

[Baroness Northover]

My Lords, I thank the noble Lord for that statement. Does he note that the crisis is fast escalating, that the police appear to be acting with impunity and that Carrie Lam apparently feels that she has no autonomy? The Government have been very silent, certainly in public, on Hong Kong recently; they may be distracted, but what action are they taking, especially as we will shortly be coming up to the 70th anniversary of the foundation of the establishment of the People’s Republic of China? What is the Government’s view of proposals for a second UK or Commonwealth citizenship for Hong Kong citizens?

[Lord Ahmad of Wimbledon]

My Lords, I first reassure the noble Baroness and your Lordships’ House that the Government are taking the situation in Hong Kong very seriously. As I have alluded to, my right honourable friends the Prime Minister and the Foreign Secretary have spoken to their respective counterparts—and, in the case of the Prime Minister, to other members of the G7. The permanent under-secretary has also summoned the Chinese ambassador to relay our deep concerns. On the wider issue of citizenship, current citizens of Hong Kong enjoy the BNO category, which was created, as the noble Baroness knows, in 1985 and gives certain rights. It remains our view that, within the agreement signed by the Chinese and British Governments, protections offered to those citizens should prevail. On the issue of the police acting with impunity, we impress on the Hong Kong authorities that they should ensure that those committing acts of violence—whichever side they may be on—are brought to justice and held accountable. That includes those enforcing the law.

Hong Kong

Baroness Northover Excerpts

Tuesday 23rd July 2019 Lords Chamber

[Lord Ahmad of Wimbledon]

The noble Lord raises an important point. My right honourable friend the Minister of State, Dr Murrison, has been quite clear in the other place that we want an independent and robust inquiry. If I can amplify his statement from yesterday, we need to know the extent to which the inquiry will be full, comprehensive and independent. A purely internal police inquiry is unlikely to achieve that objective.

[Baroness Northover (LD)]

I too thank the noble Lord for repeating the Answer to the Question and for what he just said in answer to the noble Lord, Lord Collins. We reiterate support for that. Clearly, if the police did not respond to emergency phone calls—a number of people were beaten up in that circumstance—it does not seem satisfactory for the police complaints authority to investigate it. Is the foreign affairs spokesperson in China who said that Britain’s role relating to Hong Kong ended in 1997 still in place? If he is, and therefore is not thought by China to have spoken out of turn, will the United Kingdom go to the United Nations to reinforce the treaty to which the noble Lord referred?

[Lord Ahmad of Wimbledon]

I thank the noble Baroness and the noble Lord, Lord Collins, for their support. The statement that was made is of course not our position. We remain very much committed to the Sino-British agreement, signed by ourselves and China, which protects Hong Kong’s autonomy to 2047. The statements made do not reflect our understanding or what we believe to be the correct interpretation of what has been signed. We have made this very clear in bilateral discussions with China. I note what the noble Baroness suggested and I will certainly take it back.

The Situation in the Gulf

Baroness Northover Excerpts

Monday 22nd July 2019 Lords Chamber

[Lord Collins of Highbury (Lab)]

My Lords, I thank the Minister for repeating the Statement. I listened to the Foreign Secretary in the other place this afternoon; he quite rightly said that we must not conflate the issue of freedom of navigation with the JCPOA. Freedom of navigation is a principle which Britain and its allies will quite rightly always defend. He said that our response will not be part of the US maximum pressure policy on Iran because we remain committed to preserving the Iran nuclear agreement. He had of course warned earlier that the UK risked becoming “enmeshed” in a US conflict with Iran. Can the Minister guarantee today that if there is any danger of that happening, it will be Parliament which has the final say on whether we choose to become enmeshed or to stay out of any conflict altogether?

The Foreign Secretary also stressed, as the Minister did in repeating the Statement, the importance of maintaining dialogue with the Government of Iran. He even expressed a note of optimism this afternoon, in the light of the earlier statement by the Iranian Foreign Minister, which expressed a willingness to reopen negotiations with the US on the nuclear deal. But in a very measured response to an Urgent Question on Nazanin Zaghari-Ratcliffe last Wednesday, the Foreign Office Minister, Dr Murrison, recognised that there are “many Irans”, not simply its Government. Focusing on what the Foreign Secretary said this afternoon, what is the Minister’s assessment of securing diplomatic contact with all elements in Iran to achieve a settlement to this crisis, bearing in mind that the Revolutionary Guard, which clearly authorised this action, is not the element we are currently talking to?

We know that this is a tit-for-tat reaction. However, I stress that the seizure of the “Grace 1” oil tanker can be no justification for the unacceptable retaliatory action that Iran has taken against the “Stena Impero”; it was unacceptable but predictable. El País reported that the US Government told the Madrid Government 48 hours in advance that “Grace 1” was headed for the peninsula, which would explain why the Gibraltar Government introduced new legislation 36 hours in advance to shore up the legal basis for the seizure taking place in their waters. So why wait until now for the measures that the Foreign Secretary has announced today? In fact, on 18 June my noble friend Lord West of Spithead asked the Government whether they were absolutely sure that we had enough assets in place, arguing then—on 18 June—that we should be working with our allies to look at taking convoys of ships through. He also argued then that if we did not do anything, we would be culpable. I hope that the Minister can explain why we have waited so long to take the necessary precautionary action.

The Foreign Secretary has said of the “Grace 1” that the Government would be happy to see it released, provided there were guarantees that it was to go to a country other than Syria. Would that include a country such as Turkey, even though it has formally lost its US sanctions waiver on oil imports from Iran?

I want to mention what came up in the Urgent Question last week. Just what are we doing to work with our allies? Beyond our E3 partners France and Germany, and the EU, which other allies are we talking to about specific action? This morning I met the second secretary from the Japanese embassy, who confirmed that Japan was actively considering the US request to establish a coalition. What are we doing in terms of talking to those allies such as Japan and, of course, India?

I turn to the international crew of the “Stena Impero”. It was certainly good to see pictures of them earlier in a healthy state, but have the Government spoken to their counterparts from India, Latvia, Russia and the Philippines about co-ordinating action to secure their release?

Finally, there is no doubt that we are all concerned by the dangerous escalation of events in relation to Iran. Can the Minister tell us what is being done through the United Nations to do more to de-escalate the situation and stop this seemingly inevitable descent into conflict, when we have worked so hard to achieve a peaceful settlement?

[Baroness Northover (LD)]

My Lords, I thank the Minister for repeating the Statement. We must always uphold international law and freedom of navigation. This is an extremely dangerous situation. The region is a tinderbox. Many have said that Trump pulled out of the Iran nuclear deal and imposed further sanctions simply because Obama had signed the original deal. The President may not want a war but some of those around him are far more hawkish. That must cause us enormous concern, so can the Minister comment on where these developments leave the European determination to maintain the nuclear deal? Why did the UK decide to play a part in intercepting the Iranian tanker off Gibraltar, and, as mentioned by the noble Lord, Lord Collins, why did Gibraltar suddenly put in place sanctions legislation? Who proposed that that was suddenly needed, and why? What role might the US office for foreign asset management have had recently in advising the FCO on sanctions targets?

Can the Minister give us examples of previous incidents where our military or Navy have been used in sanctions enforcement which involved boarding and seizure? If we were to take such an action, what preparations have we already made—the noble Lords, Lord West and Lord Collins, have flagged this up—to protect ships flying under our flag that might then, predictably, be intercepted by the Iranians? Does the Minister agree with his colleague, the Defence Minister Tobias Ellwood, that the Navy is too small for a global role? Is the noble Lord, Lord West, not right to have warned time after time that our Navy is too small?

The position of this ship was publicly available, so what should we think of the UK as a global power when, at only the second attempt at an interception, a ship sailing under our flag was diverted and detained? Can the Minister say why the Department for Transport has only just raised the security level to 3 for ships sailing under our flag? Why is a European-led maritime protection mission only now being sought? Why was this not done before the “Grace 1” tanker was seized in Gibraltar? How optimistic is he that, in the middle of our battle over Brexit, such a mission will be forthcoming? Does he agree that our sanctions work best as part of multinational efforts, and that unilateral effort makes little sense?

Is it true that we feared American assistance, lest we ended up taking a more aggressive stance than we wished? That seems to be reflected in the statement that we will not be part of the US maximum pressure group. Does the whole situation not show that the UK is likely to be buffeted in the future, if we leave the EU, between a volatile ally and others, and that we are taking Gibraltar down that path? We have been unable to defend a ship sailing under our flag, and today we hear that Nazanin Zaghari-Ratcliffe has been transferred back to an Iranian prison. How are we defending her in this dangerous situation? We are appearing to warn against any passage through the straits, despite the huge value of that trade and the economic impact. Does the Minister not agree that this whole situation shows how vital it is to be part of a global bloc, and that any increase in defence spending will hardly make us a global player to rival the superpowers or, in fact, the EU? Therefore, we must work with everybody to de-escalate the situation and bring about a negotiated resolution, not only to this specific situation, but to the wider crisis affecting Iran and the region.

[Lord Ahmad of Wimbledon]

My Lords, first, I thank the noble Lord, Lord Collins, and the noble Baroness, Lady Northover, for their support for the main thrust of the Statement. They raised a raft of questions, which I will seek to answer. If I am unable to do so in the time allocated, I will write, because both raised some specific questions.

On the final point made by the noble Baroness, again, the Government’s response demonstrates the importance of working with our European partners. I do not share her belief that that has been sanctioned because we are members of the European Union. We are leading members of NATO. This morning, for example, I attended a briefing with the Baltic and Nordic ambassadors where, again, our co-operation, not just in maritime security but in other areas, was underlined by all the people around that table, not just by me, representing the British Government. It is important that we continue to work, but in a different way once we have left the European Union, and strengthen our co-operation over a raft of different areas. This example of maritime security is one such area.

The noble Lord, Lord Collins, raised various questions about direct engagement with Iran. He is right to mention that the Revolutionary Guard boarded the vessels. We deal with representatives of the Iranian Government at the highest level and, over the weekend, as the Statement said, my right honourable friend the Foreign Secretary continued to liaise and discuss with Foreign Minister Zarif.

The noble Lord and the noble Baroness talked about the action and asked: why now and not before? We have taken action, as the Statement indicated. HMS “Montrose” had already intercepted and prevented a similar incursion on “British Heritage” on 10 July. Equally, it has been a twin-track approach. I am sure the noble Lord and the noble Baroness will agree that, with the current backdrop of the region, we have sought to strengthen our diplomatic engagement with Iran, together with our European partners. This reflects the approach we have taken. We have continued to allow space for diplomatic dialogue.

The noble Lord and the noble Baroness mentioned “Grace 1”, which is the Iranian vessel that has been detained. There are some crucial facts. First, “Grace 1” was in Gibraltar’s territorial waters. The British-flagged ship “Stena Impero” was in Omani territorial waters, so the basis for any intervention is very different. Secondly, Iran has acted unlawfully, according to the law of the sea. Iran has acted illegally. Our detention of the ship was on suspicion of cargo being carried by “Grace 1” that was headed for Syria, breaking EU sanctions. I am sure the noble Lord and the noble Baroness have followed the countless attempts we have made to get guarantees from the Iranian Government that would allow the Gibraltese authorities to release “Grace 1”. We had to be given the assurance that it did not contravene the EU sanctions that had been imposed on Syria, but this was not forthcoming. It was disappointing that, while these negotiations were continuing with the Iranian Government directly, this action was taken. Iran describes this as tit for tat; the fact is that detaining the “Stena Impero” was not legal. It acted unlawfully.

The noble Lord, Lord Collins, asked a specific question about Turkey. I will write to him on that. He also raised the crew and our discussions with other countries, on which the noble Baroness also touched. I assure noble Lords that we are in touch, either at ministerial or official level, with all countries with crew on that ship. I understand that India has been in direct contact with the Iranians over its crew members, but we are also engaging with India at official level. I assure noble Lords that, while this is a British-flagged ship, our main concern is the safe return of not just the vessel but all crew members on it. I assure both the noble Baroness and the noble Lord that we are liaising with all parties in this respect.

The noble Baroness also raised the issue of the Department for Transport increasing security only now. I am sure she accepts how, as I alluded to earlier, we have taken the twin-track approach of diplomacy and increasing pressure. I assure the noble Baroness, and the noble Lord, Lord Collins—who both raised these issues—that we have detached this from the JCPOA and the detention of British nationals in Iran. We have not stopped our efforts on these two or three issues and have assured the Iranians that we do not link them in any way. However, the fact that the Iranians have acted in this way does not help the situation or the environment in which we operate.

We continue to work closely with our European colleagues, as on the European initiative on maritime security. We are talking to our French and German colleagues, as well as other European partners. Of course, we are liaising with the United States, but this initiative will be led by us, together with our European partners. There may be some specific questions I have been unable to answer but, after reviewing them, I will write to both the noble Lord and the noble Baroness.

Israel Defense Forces

Baroness Northover Excerpts

Monday 8th July 2019 Lords Chamber

[Lord Ahmad of Wimbledon]

Again, the issue around the children is deplorable and I condemn that unequivocally, along with anyone who uses children for any such means, whether they seek to indoctrinate them or use them for extremist causes and put them in the front line. Such children need to be protected. The United Kingdom Government provide assistance in this regard, not just on this issue of detention but in terms of legal representation, and we continue to lobby the Israeli authorities on the specific conditions of the detention of minors. I believe, according to my most recent figure, that there are currently 205 children from the Palestinian community in detention in Israel.

[Baroness Northover (LD)]

My Lords, does the Minister agree that, in spite of tensions in the Middle East, including the pressure on the Iran nuclear deal, the world must focus on seeking to bring about a resolution to the Israel-Palestine conflict? Does he agree that any resolution such as the Jared Kushner plan, which apparently seeks a settlement without involving the Palestinians in the discussions, cannot be the route to take?

[Lord Ahmad of Wimbledon]

I totally agree with the noble Baroness that any plan for alleviating the plight of the suffering, albeit an economic plan, must include a political settlement. Our position is clear: we need to see a viable two-state solution to resolving the conflict between the Israelis and the Palestinians. We will continue to lobby and campaign for that.

UK’s Ambassador to the USA

Baroness Northover Excerpts

Monday 8th July 2019 Lords Chamber

[Lord Ahmad of Wimbledon]

My Lords, as I have said, we rely on our diplomats to provide insights into the lay of the land. As a Minister I have visited a number of countries over the past two years in post, and in my other responsibilities as a Minister I have benefited greatly from the insights and candid nature of such diplomatic telegrams. On the specific questions the noble Lord has raised, I can say that we will seek to complete this inquiry at the earliest possible time. As the noble Lord may be aware, the cross-government investigation is being led by the Cabinet Office and will include the Foreign Office. That inquiry will report to the Cabinet Secretary. We have some incredible diplomats and the best Diplomatic Service in the world. Based on this experience there will, of course, be concern, but we have reassured our diplomats that they should continue to report in the excellent, candid manner they have done over many years.

[Baroness Northover (LD)]

My Lords, I, too, thank the Minister for repeating the Statement. It is deeply shocking that someone decided that it was acceptable to reveal our ambassador’s confidential diptels, thereby undermining our whole Diplomatic Service. Nigel Farage stated this morning that Sir Kim Darroch was an unsuitable ambassador to the US because he was not a Trump supporter. I assume that he would send a mini Putin to Russia and a mini Assad to Syria. Will the Minister clarify what Jeremy Hunt is reported as saying: namely, that diptels are simply the personal view of the ambassador and not the position of the Government? Surely he recognises that we require from members of our Diplomatic Service absolute honesty in their professional assessments and complete confidentiality, and that we must defend them when they cannot speak out. We need a full investigation to discover who did this and to bring them to book.

[Lord Ahmad of Wimbledon]

My Lords, I totally agree with the noble Baroness’s assessment. I put on record that the Government, the Prime Minister, the Foreign Secretary, Ministers at the Foreign Office and all of us have full confidence in the work of Sir Kim Darroch. I will put on record my personal reflections. I have known Sir Kim for a long time. I have worked with him on various issues of a very sensitive nature. He reflects the best of our diplomatic capabilities, the best of diplomacy, and we stand by him.

Saudi Arabia: Torture of Political Detainees

Baroness Northover Excerpts

Monday 13th May 2019 Lords Chamber

[Lord Ahmad of Wimbledon]

I agree with the noble Baroness: the reports we have seen and the recent events that unfolded with the mass executions of detainees were horrific and of deep concern. Many of the people executed were Shia Muslims. The noble Baroness asked at what level we have raised this issue. As I already indicated, my right honourable friend the Foreign Secretary raised it during his visit with his counterpart in Saudi Arabia. Most recently, at the end of April, Saudi’s Foreign Minister, Adel al-Jubeir, was in London and these issues were raised with him directly.

Turning to the next steps, notwithstanding what we are doing on bilateral relations, the noble Baroness will know that I am Minister for Human Rights and that we are a signatory to the 7 March joint statement from the UN Human Rights Council, which raised significant concerns about not just the reports of the detentions already in play but the arrests that are still taking place. I assure the noble Baroness that we continue to raise this issue at all levels, and we are working through international partners and will continue to do so. I hope to visit the Kingdom of Saudi Arabia later this year in my role as Human Rights Minister.

[Baroness Northover (LD)]

My Lords, in March 2018, the Minister said:

“We will continue … to implore reform”,—[Official Report, 7/3/18; col. 1173.]


from Saudi Arabia. What progress does he think the Government are making, given the cases of torture and the public executions that we have just heard about? In light of this and of actions in Yemen, is it not time for the Government to stop saying that they are taking adequate precautions on arms sales, and to stop arms sales to Saudi Arabia?

[Lord Ahmad of Wimbledon]

My Lords, on the latter point, the noble Baroness will know that we have a very rigid arms enforcement arrangement and process in place. That continues to apply to Saudi Arabia, as well as to any other international partner we engage with on defence contracts. On the specific issue, she is quite right. She quoted my use of the word “implore”. I assure her that in all our engagements we continue to remind Saudi Arabia of its important commitments to human rights. She will be aware of the 2030 vision, which is all about economic and social reform. Notwithstanding the tragic events that have taken place, including the issues surrounding Jamal Khashoggi, we continue to work with Saudi Arabia on opening up society and the country, and its continuing focus on and progress towards greater rights, particularly for women.

Syria (Sanctions) (EU Exit) Regulations 2019

Baroness Northover Excerpts

Thursday 9th May 2019 Lords Chamber

To conclude, these statutory instruments transfer into UK law well-established EU sanctions regimes that are in line with the UK’s foreign policy priorities. They will encourage respect for human rights, the rule of law, and security and stability in difficult environments. Approving these SIs will allow the UK to continue to implement sanctions from the moment we leave the EU. It will send a strong signal of our intention to continue to play a leading role in the development of sanctions in the future. I welcome this opportunity to debate the SIs in front of us. I beg to move.

[Baroness Northover (LD)]

I thank the Minister for introducing these SIs in somewhat more detail than he introduced the last set. I think he was in a considerable hurry last time, which we all appreciated. If we leave the EU, we need to incorporate into UK law the sanctions regimes we have as an EU member. These reflect our support for the rules-based international order to which he has referred.

There has to be a concern that we may lose influence in this field in the future. When we acted as part of the EU we had greater effect and are credited with playing a leading role. If we end up outside the EU, we lessen our effect. I am sure the noble Lord knows that, even if he is not willing to admit it. In addition, there will be new pressures on the UK from allies such as the US, which may wish us to align more with them, and maybe from the City of London, which may not wish us to take certain actions. Maybe our own economic short-term interest will mean that we are less keen to sanction those who may bring their funds to the UK. That is a completely predictable situation.

We considered a series of sanctions regimes last week and we now come to another set. I am grateful once more that my noble friend Lord Chidgey will deal with Zimbabwe.

On chemical weapons, I note that, in answer to a recent Written Question, Sir Alan Duncan stated:

“The UK played a key role in EU efforts to establish a new Chemical Weapons sanctions regime, which was adopted on 15 October 2018”.


This is a case in point. Will the EU be as proactive as it was without the United Kingdom there?

On 21 January this year, the EU added nine individuals and one entity to the regime, which included those involved in the use of chemical weapons in Syria and members of Russia’s main intelligence directorate deemed responsible for the Salisbury attack in March 2018. Sir Alan referred to, “This strong collective action”. Does the Minister agree that “collective” is key?

Sir Alan also stated on 7 February, in response to a Question from my honourable friend Jo Swinson:

“The UK has actively supported proposals for three new EU thematic sanctions regimes in order to strengthen our international resilience to hybrid threats. These regimes are in different stages of development in the EU”.


These included the chemical weapons regime. The second was a mandate for work on EU cyber sanctions, and the third followed a Dutch initiative to establish a regime on global human rights. All are important developments but, having supported them, the UK is of course in danger of no longer being able to play such a leading role. Can the Minister update us on how these three strands will be taken forward and what part we might play in them?

On Belarus, the measures include an arms embargo, financial and immigration sanctions, and restrictions on goods or technology that may be used for internal repression, as the Minister has laid out. The Explanatory Memorandum states:

“This sanctions regime is aimed at encouraging the Government of Belarus to respect democratic principles and institutions, the separation of powers and the rule of law in Belarus, refrain from actions, policies or activities which repress civil society in Belarus”.


The EU is calling for the proper investigation and institution of criminal proceedings against those responsible for the disappearances of four named people, and for Belarus to comply with international human rights law and to respect human rights. What effect does the Minister think the sanctions are having in bringing any change in Belarus? Are there any plans to extend or limit sanctions against Belarus? I note that some were removed in 2016.

The stated aim of the Syria sanctions regulations is to deter the Syrian regime from,

“actions, policies or activities which repress the civilian population”,

and to encourage a negotiated political settlement to end the conflict. The sanctions against Syria have been in place since December 2011. They are reviewed annually and the next review will be on 1 June—just coming up.

The sanctions comprised an oil embargo imposed in September 2011, restrictions on trade, a freeze of Syrian central bank assets, export restrictions on arms, weapons and equipment that might be used for internal repression, and a ban on export of equipment and technology for the monitoring or interception of internet or telephone communications.

In April 2013, the EU eased the oil embargo to allow oil exports and oil equipment exports to areas under opposition control to help the civilian population. As of March 2019, 277 Syrians are targeted by a travel ban and an asset freeze. Seventy-two entities are targeted by an asset freeze. Will the UK abide by the results of any EU sanctions review? Is there any plan to share intelligence on such matters? How is the review into oil sanctions to be conducted? What kind of impact assessment was made of sanctions on the civilian population? What actions must the Syrian regime take to get sanctions lifted? Has consideration been given to the difficulties of international development NGOs working in Syria, an issue discussed in the Sanctions and Anti-Money Laundering Bill? However, I note that the much-respected former FCO Minister, the right honourable Alistair Burt, emphasised in the Commons,

“the importance of the roll-over of these sanctions, in particular in relation to Syria”.

He expressed his concern that there was,

“a risk of Syria becoming almost a forgotten conflict because it is no longer on the front pages and it needs to be”.—[Official Report, Commons, 29/4/19; cols. 78-79.]

He is surely right.

I hear what the Minister said about the sanctions in relation to Russia. I note that the Commons has not debated these and he has given some explanation of why they were separated and not put forward with the others. As he said, the EU sanctions against Russia broadly relate to the aim of bringing about Russian policy change on Ukraine. They followed restrictive measures after Russia’s actions in Crimea. These regimes are reviewed regularly, two on a six-monthly basis and one annually. How will we play a part in that, and will we follow what the EU decides?

The sanctions regime was most recently strengthened in March 2019, when eight Russian officials were added to the sanctions list after escalation in which Russian forces took Ukrainian sailors into custody. The EU has called for the release of the sailors and their ships, as well as free passage for all ships through the straits in the future. The US and Canada have also adopted similar sanctions in response to the incident. There are currently 170 persons and 44 entities from Russia on the EU’s sanctions list. This will next be reviewed in September 2019. The assets of individuals responsible for misappropriating Ukrainian state funds have also been extended until March 2020. All these review dates will be important for the United Kingdom. Where will we fall in our reaction to those? Do the Government anticipate remaining in line with the EU? Since March 2015, EU leaders have aligned—or sought to align—the economic sanctions with the implementation of the 2015 Minsk agreements but these have not been implemented and many political commentators think it unlikely that they will have an effect. What are the implications for the sanctions regime? The US has generally imposed a harsher sanction regime on Russia and dealt with other issues, such as interference in the 2016 US presidential election. We have not become involved in those. Does the Minister think that we might align ourselves on them too?

The general effectiveness of sanctions against Russia has been contested. Some have argued that Russian actions demonstrate the failure of EU sanctions to influence Putin and Russian policy. The Minister referred to the separate Magnitsky provisions put into the sanctions Bill by the Commons but there is no sign of them there. The Minister made brief reference to that and said that they might be brought forward when parliamentary time allows. Given that parliamentary time clearly does allow, might they be brought forward sooner rather than later?

In conclusion, we support these SIs, but are concerned about exactly how we will liaise with the EU down the track, how we align ourselves, and how we will have most effect in the future.

[Lord Chidgey (LD)]

My Lords, the sanctions regime is aimed at encouraging the Government of Zimbabwe and anyone else involved in human rights abuses to respect, as the Minister said, democratic principles and institutions and the rule of law; to refrain from actions, policies and activities which repress civil society in Zimbabwe; and to comply with international human rights law and respect for human rights. There has not been much sign of that in recent months. I note from the Minister’s remarks that there will be scope for the UK to update the sanctions in time, so I will just put down a few markers in advance.

Burma (Sanctions) (EU Exit) Regulations 2019

Baroness Northover Excerpts

Wednesday 1st May 2019 Lords Chamber

[The Minister of State, Foreign and Commonwealth Office (Lord Ahmad of Wimbledon) (Con)]

My Lords, in moving this Motion I will speak also to the Venezuela (Sanctions) (EU Exit) Regulations 2019, the Iran (Sanctions) (Human Rights) (EU Exit) Regulations 2019 and the Republic of Guinea-Bissau (Sanctions) (EU Exit) Regulations 2019.

Noble Lords will be familiar with the Sanctions and Anti-Money Laundering Act 2018, which passed through this House last year. It provides the UK with the legislative framework to continue to meet our international obligations, implement autonomous sanctions regimes and update our anti-money laundering framework after we leave the EU—although the last of these is not under consideration today.

Noble Lords will also be aware of the importance of sanctions. They are a key element of our approach to our most important international priorities. They help to defend our national interests, support our foreign policy and protect our national security. They also demonstrate our support for the international rules-based order. The United Kingdom has been a leading contributor to the development of multilateral sanctions in recent years. We have been particularly influential in guiding the EU’s approach, which is why we intend to carry over the policy effects of the EU sanctions regimes by transitioning them into UK law. I will say more about that in a moment.

The principal interests and threats facing the UK and other EU member states will not change fundamentally when the United Kingdom leaves the European Union. The Government recognise sanctions as a multilateral foreign policy tool and intend to continue to work in close partnership with the EU and other international partners after we leave the European Union to address those threats, including through the imposition of sanctions. We are committed to maintaining our sanctions capabilities and leadership role after we leave the EU. The Sanctions and Anti-Money Laundering Act 2018 was the first major legislative step in creating an independent UK sanctions framework.

However, although the Act set out the framework needed to impose our own independent sanctions, we still require statutory instruments to set out the detail of each sanctions regime within that framework. Such statutory instruments set out the purposes of our regimes, the criteria under which the Secretary of State may designate individuals and entities, and the types of restrictive measures imposed. They do not specify which individuals or entities will be sanctioned. The Government will publish a list of those we are sanctioning under UK legislation when those prohibitions come into force. We will then seek to transfer EU designations in each case, but these decisions will be subject to the legal tests detailed in the sanctions Act. Any EU listings that do not meet the tests will not be implemented.

Noble Lords will recall an important feature of the sanctions Act that we discussed in detail during its passage: the right to challenge. Anyone designated under these instruments will be able to request that the Minister carry out an administrative review of their designation. The procedure applicable to such requests for reviews is set out in the Sanctions Review Procedure (EU Exit) Regulations, which were made in November last year and which are now in force. If, following the review, the Minister’s decision is to uphold the designation, the designated person has the right to apply to the High Court, or the Court of Session in Scotland, to challenge that designation decision. The court will apply judicial review principles to determine whether the designation decision should be set aside and will apply the procedure set out in the amended civil procedure rules for England and Wales, the rules of the Court of Judicature for Northern Ireland and the rules of the Court of Session for Scotland, which in particular allow for closed material proceedings to take place in relation to such challenges. The regulations underpinning this process have already been subject to debate and approved by this House. I beg to move.

[Baroness Northover (LD)]

My Lords, I thank the Minister for introducing these statutory instruments extremely briefly—more briefly than his right honourable friend in the Commons.

We all agree that sanctions can play a key role in the implementation of the rule of international law and we support all four of the SIs. Clearly, no one wants our sanctions regime to lapse if we leave the EU. As the Minister said, the UK has been a leading contributor to the development of multilateral sanctions in recent years and we have been particularly influential in guiding the EU’s approach. Indeed we have—but we risk losing that influence. I am sure that the Minister will agree that sanctions carry greater weight as part of an EU-level arrangement, rather than going it alone. The Minister said:

“We are committed to maintaining our … leadership role after we leave the EU”.


Can he say how this is supposed to happen?

I note that in response to a Written Question on 8 October 2018 on the UK’s sanctions policies, Sir Alan Duncan stated:

“In future it will be in the UK’s and the EU’s mutual interest to discuss sanctions policy and decide where and how to combine efforts to the greatest effect”.


In light of that, are there any differences in the arrangements here or do they completely mirror what we have in the EU? What exploration has there been on how alignment will be assured in future?

Hong Kong: Pro-democracy Activists

Baroness Northover Excerpts

Wednesday 10th April 2019 Lords Chamber

[Lord Ahmad of Wimbledon]

My Lords, I thank the noble Lord for raising these issues. As he will be aware—as I said in the Statement—we produce six-monthly statements as required. In his recent statement on this, the Foreign Secretary said:

“It is very welcome that in the areas of business and the independence of the judiciary, the ‘One Country, Two Systems’ model is working well. However, I am concerned that on civil and political freedoms, Hong Kong’s high degree of autonomy is being reduced”.


I assure the noble Lord that we are cognisant of the recent issues, particularly the events concerning protesters from the 2015 protests. As I have said, it would be inappropriate to comment on that case specifically, but I reassure the noble Lord that we are using all our offices—through the consul-general and direct visits that my right honourable friends the Foreign Secretary and the Minister of State have made to Asia and Hong Kong—and we will continue to speak bilaterally to the Chinese as well.

[Baroness Northover (LD)]

My Lords, I too thank the Minister for repeating the Statement made in response to an Urgent Question from my right honourable friend Alistair Carmichael in the other place. This is, yet again, an occasion when we miss my friend Paddy Ashdown, who fought long and hard for the people of Hong Kong.

Those in Hong Kong are guaranteed the right to freedom of assembly and demonstration, as the Minister said. Surely we must be very concerned about these verdicts in the light of that. Does he agree that any sign that members of the independent judiciary—the noble and learned Baroness, Lady Hale, the noble and learned Lord, Lord Hoffmann, and others—feel unable to continue would be very serious indeed? The Minister will know—the noble Lord has just made reference to this—of proposals to change Hong Kong’s extradition laws to enable suspected criminals to be extradited from Hong Kong to the mainland. Does he agree that that is extremely concerning, certainly for political activists but even for local and international businesspeople?

[Lord Ahmad of Wimbledon]

I agree with the noble Baroness that we all remember Lord Ashdown for a variety of reasons and this is one of those occasions. On the specific issue that she and the noble Lord raised about extradition, yes, we are acutely aware of the proposed change to legislation. We are fully considering the implications of that and how it may impact UK citizens and, in particular, as the noble Baroness said, people operating within the business community. In that regard, the British consul-general in Hong Kong has spoken to senior figures in the Hong Kong Administration to seek clarity on what the proposals will mean, particularly for UK citizens, and we continue to make a case to them. It remains the United Kingdom’s view that for Hong Kong’s future success it is essential that Hong Kong enjoys—and is seen to enjoy—the current autonomy under the agreement that was signed not only by the United Kingdom but by the Chinese Government.

War Criminals: International Mechanisms for Prosecution

Baroness Northover Excerpts

Thursday 21st March 2019 Lords Chamber

[Baroness Northover (LD)]

My Lords, in a week when international law showed its reach once againin Bosnia, is the Government’s commitment to the International Criminal Court as strong as it always was? I hope it is, given the reluctance of the United States, China and others to support the ICC. In light of that, how long does the Minister think it will take, with either an international or a hybrid court, to bring to justice those who have committed alleged atrocities in this region?

[Lord Ahmad of Wimbledon]

My Lords, taking the noble Baroness’s second question first, I think we have seen the first steps with the passing of Resolution 2379 and the budget of £90 million for the preservation and the work that is being undertaken in finding evidence against those people who are currently being held. It remains to be seen, but I assure the noble Baroness that we are working with the Iraqi Government to see how local justice mechanisms can be strengthened. As for the ICC, it needs reform and there are challenges, but we remain absolutely committed to the ICC.