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.

Nord Stream 2 Pipeline

Baroness Northover Excerpts

Thursday 28th February 2019 Lords Chamber

[Baroness Northover (LD)]

My Lords, noble Lords are surely right to be concerned about the Nord Stream 2 pipeline and the greater reliance on Russia and Gazprom. The Minister mentioned Denmark; the European Commission is seeking to mitigate the effect of it, including legislating so that pipelines cannot be directly owned by gas suppliers. If indeed the UK leaves the EU, how in future might the UK have any influence over such decisions, which affect the whole region?

[Lord Ahmad of Wimbledon]

The noble Baroness is quite right to raise the work that is being done. We have certainly played our part in strengthening the role of regulation and the gas directive, for the very reason that there should not be a monopolisation. We have seen previous instances where the supplier has used that monopoly on three separate occasions, particularly in Ukraine, as a means to stop supply or curtail it. On the broader issue of what happens once we leave the European Union, I assure her that we continue to have strong relationships with all our European Union partners, and that will continue after we leave the European Union.

Kimberley Process Certification Scheme (Amendment) (EU Exit) Regulations 2019

Baroness Northover Excerpts

Thursday 28th February 2019 Lords Chamber

[Lord Ahmad of Wimbledon]

That the draft Regulations laid before the House on 20 December 2018 be approved.

Relevant document: 14th Report from the Secondary Legislation Scrutiny Committee (Sub-Committee A). Considered in Grand Committee on 13 February.

[Baroness Northover (LD)]

My Lords, I was unable to be present when this SI was considered in Grand Committee, and I am very grateful for this opportunity to comment briefly. If the UK is indeed to leave the EU, this is an area in which we must put in place our own arrangements. The Kimberly process is an extremely important certification scheme to address the appalling abuses involving so-called blood diamonds which drive conflict, particularly in Africa. The Kimberley process seeks transparent and fair practice in this sector, and we are rightly signed up to it. I note and share the concerns expressed in Grand Committee by the noble Lord, Lord Collins, about exactly what would happen if we were to leave the EU with no deal. Nevertheless, on behalf of these Benches, we welcome the Government’s continued commitment to the Kimberley process as expressed in this SI. Whether we are in or outside the EU, this commitment is vitally important.

[Lord Hain (Lab)]

My Lords, I endorse what the noble Baroness has said, and what my noble friend Lord Collins said in Committee. Can the Minister give us a categorical assurance that there will be no gap when Britain is no longer a signatory and supporter of this scheme? I declare an interest as I was the British Foreign Office Minister who initiated this treaty and Britain’s involvement in it. Britain led the way to get the international treaty, and we got the rest of the European Union signed up to it—initially against resistance from the World Diamond Council but, ultimately, with its support. This is a very important scheme, making sure that conflict diamonds do not enter the international arena illegally and fuel conflict, as they once did in Angola, Sierra Leone and the DRC.

Venezuela

Baroness Northover Excerpts

Thursday 7th February 2019 Lords Chamber

[Lord Ahmad of Wimbledon]

I ask the noble Lord again. We are addressing it and I have given a clear indication of what the Government are doing, but the Opposition need to step up to the mark. If you ask the people of Venezuela one question—what is the freedom they are fighting for?—they say they want free and fair elections. Maduro has not given them; it is time that Her Majesty’s Opposition recognised the interim President.

[Baroness Northover (LD)]

My Lords, given that Maduro has not given up and that the army has not deserted him, what action can we take to warn him to respect the right of the Venezuelans to demonstrate peacefully without risk to life and limb? Can the Bank of England take action to hold Venezuelan funds, which Maduro is apparently trying to access at the moment?

[Lord Ahmad of Wimbledon]

The noble Baroness raises an important point about the Bank of England. I am sure that, with its independent role, the Bank will abide by all rules and is looking at the situation in Venezuela very closely. She raises a very pertinent point about peaceful resolution. That is why, along with like-minded nations including leading European nations, we believe that recognising the interim President is an important first step, and we now call for Maduro to step aside and announce the appropriate date when presidential elections can take place.

Sri Lanka

Baroness Northover Excerpts

Tuesday 5th February 2019 Lords Chamber

[Baroness Northover (LD)]

My Lords, the noble Lord, Lord Naseby, has a long record of engagement in Sri Lanka, and over the years, the Governments there will have been very grateful to him for that support. I thank him for his detailed briefing documents, which other speakers have clearly derived information from, even though these do not quite square with the material I received from the House of Lords Library and elsewhere.

It was very welcome when the long-standing conflict in Sri Lanka came to an end. Its conclusion was very brutal, as the Government sought the total defeat of the Tamils. The UN claims that during this final offensive as many as 40,000 civilians were killed. The human rights abuses allegedly committed against the Tamils included enforced disappearances, torture and arbitrary arrest, though both sides have been accused of war crimes.

When President Sirisena, although a former ally of Rajapaksa’s, was elected in 2015, it was a surprise win over the former President, who had a reputation for having encouraged severe repression of the minority Tamils. It was seen as a step in the right direction. The new President was backed by the Tamil National Alliance, as well as Tamil-speaking Muslims, largely due to his expressed commitment to reconciliation and government accountability. In coalition government, Mr Wickremasinghe—I apologise if I have not pronounced that correctly—became his Prime Minister, and halting but insufficient steps were taken toward addressing issues of accountability, missing persons, governance and land usage.

The last year has seen a move away from this settlement. The President dismissed the Prime Minister in October 2018 and, astonishingly, installed Rajapaksa instead. The original Prime Minister refused to step down. MPs voted to reinstate him twice, upon which the President tried to dissolve Parliament. He also attempted to call a snap election. Rajapaksa began operating with his own newly formed Cabinet, but an appeals court restrained this. In December, the Supreme Court ruled that the President had acted unconstitutionally; the original Prime Minister was reinstated. One of the encouraging features of this crisis has been the way in which the courts have played a key role in upholding the Sri Lankan constitution. In this unstable situation, should the international community back away from the Human Rights Council resolutions in the light of the US withdrawal, which three noble Lords have just indicated should happen?

Resolution 30/1 in 2015 outlined many steps that the Government should take towards truth, justice, reparation and the prevention of human rights violations. Resolution 34/1 in 2017 called for any outstanding elements of the original resolution to be fully implemented. Sri Lanka co-sponsored both resolutions alongside the UK, the US, Macedonia and Montenegro. These resolutions will expire in March 2019, which is why this debate is indeed timely.

The implementation of these resolutions has been very slow. The first resolution committed to establishing four transitional justice mechanisms, including an Office on Missing Persons, an Office for Reparations, a truth and reconciliation commission and a judicial mechanism to investigate violations of human rights and international humanitarian law. So far, only one of these goals has been partially met, with the formation of the Office on Missing Persons in September 2018. However, the recommendations in the interim office’s reports have not been implemented by the Government, although the briefing of the noble Lord, Lord Naseby, tells us that the Ministry of Finance is looking to include necessary funds in this year’s budget. Can the Minister say whether the UK Government understand that to be the case? Does he have any explanation as to why this is taking so long?

A Bill to create an Office for Reparations was narrowly passed in October 2018 but no concrete steps towards implementation have yet been taken. The briefing of the noble Lord, Lord Naseby, states that nominations to this office will be approved by the President. Is the Minister concerned about that? The draconian Prevention of Terrorism Act remains in place, despite the recommendation to review and repeal it. New anti-terror legislation is under review but is still not up to international legal standards. Some steps have indeed been taken on returning land. In October 2018, the President finally called on authorities to return land in the north and east by the end of the year. The noble Lord’s briefing reiterates this. However, Amnesty notes that the authorities are yet to comply fully with this request and emphasises that many communities remain displaced.

Amnesty also notes that welcome investigations have been opened into attacks on journalists, human rights defenders, religious minorities and civil society organisations. These investigations, however, have not resulted in any convictions. It describes,

“dismayingly limited progress on accountability for torture, rape, sexual abuse and gender-based violence”.

Sri Lanka established a consultative task force on reconciliation in January 2016. Over 7,000 Sri Lankans were consulted for the task force’s report, which urged the Government to chart a road map for fulfilling the UNHRC resolutions. But according to Amnesty the Government have ignored the task force’s findings, with the Minister of Justice saying that he had “no confidence” in them.

Under Resolution 30/1, a judicial mechanism—including the participation of Commonwealth and other foreign judges, also referred to as hybrid courts—was proposed by the Sri Lankan Government. To date, there has been no progress on this front. In fact, the Government have backtracked on their own commitments. In 2018, the President called for the international community to give Sri Lanka the room to solve the problems it is facing on its own. Government officials have rejected the involvement of foreign nationals in the hybrid courts. This kind of hybrid court surely must be held to, as was the case in Cambodia.

Many Tamils and most of the international community feel that reconciliation has stalled. For example, the President was meant to bring about a new constitution that would devolve more powers to the provinces, including land registration and police power, which would increase Tamil self-determination. Talks on constitutional reform have been gridlocked and devolution is now seen as a broken promise. The Tamil advocacy group Together Against Genocide has said that the Foreign Minister’s international statements are contradicted by what senior government officials do in practice; the Verité Research Group has echoed this.

In 2017, after a fact-finding mission, UN special rapporteur Pablo de Greiff said that the reconciliation process had become increasingly ethnicised, with transitional justice,

“represented as if it were essentially a threat to the majority community”.

The UK has supported implementation of the resolutions through the Conflict, Stability and Security Fund. The programme’s mandate will expire in 2019. What plans are there to renew it? With the US’s withdrawal from the Human Rights Council, there is concern that there will be less pressure put on Sri Lanka to implement the resolutions. The US has said that it will continue to engage with Sri Lanka on truth and reconciliation, despite its withdrawal, but no concrete steps have yet been announced. Can the Minister report on any discussions with the US on this matter?

Amnesty notes:

“As the tenth anniversary of the end of Sri Lanka’s internal conflict looms in May, progress on UN Human Rights Council Resolution 30/1 has proceeded at a glacial pace, the hopes of the victims of crimes under international law and human rights violations and abuses during the conflict have been reduced to a flicker”.


This does not argue for the international community to back away. Clearly, as we saw last year, Sri Lanka is in an unstable political situation. Progress thus far is of course to be welcomed, particularly the role of the courts in last year’s political manoeuvres, but progress must be put in the context of what has been promised and needs to be achieved. It would be premature to remove any of the pressure on Sri Lanka to adhere to the Human Rights Council’s conclusions and I hope that the Minister will share that view.

Zimbabwe

Baroness Northover Excerpts

Monday 21st January 2019 Lords Chamber

[Lord Ahmad of Wimbledon]

Let me reassure my noble friend, who makes an important point. We will work very closely with the Commonwealth and the Secretary-General of the Commonwealth to ensure that that is made absolutely clear to the Government of Zimbabwe. They have to respect human rights and uphold the rule of law. At the moment, the situation on the ground is clear: they are doing neither of those things.

[Baroness Northover (LD)]

My Lords, what we are hearing is very shocking and deeply depressing, when people had been optimistic about where Zimbabwe was heading. The EU has condemned this violence and sought an inquiry. It has tended to look to the United Kingdom for a lead on Zimbabwe. Will the Minister say how we are going to co-ordinate an approach with our EU partners in future should we leave the EU? Additionally, does he agree that the UK has sufficient information to cut off illicit financial flows to the current leadership and to the Zimbabwean military? Are the Government going to take action in this area?

[Lord Ahmad of Wimbledon]

My Lords, I shall take the noble Baroness’s second question first. She will be aware that there are quite specific targeted sanctions, first and foremost on the previous president, President Mugabe, his wife and others connected with that Administration, including members of the military. On our partnership with the European Union, as I have already said, my honourable friend the Minister for Africa will be meeting European colleagues today and tomorrow. On the wider question of what happens post Brexit, I assure the noble Baroness that as we see other countries, including, most notably, Germany and Belgium, joining the Security Council, I will be heading to New York later this week to, I hope, extend discussions about how we can work together, Brexit aside, on the importance of having a European view on issues of international importance.

Brexit: UK Nationals

Baroness Northover Excerpts

Wednesday 9th January 2019 Lords Chamber

[Lord Ahmad of Wimbledon]

My Lords, many people who voted in the EU referendum in 2016 took the view that one of the challenges that the United Kingdom has faced over time has been that of ensuring firm and fair immigration. The issue of free movement across Europe was a challenge. The Government had a mandate from the people after the referendum and the withdrawal agreement will deliver on the result. It was clear from the referendum that the majority of British citizens felt that free movement was an issue of deep concern, and we are acting on that instruction.

[Baroness Northover (LD)]

My Lords, what guarantees is the UK giving to our citizens living in the EU about their pension rights after 2020? That is of course just one area of uncertainty. Many UK citizens living in the EU are campaigning for a people’s vote. Is the Minister not personally tempted to agree with them that the only way to end this uncertainty would be not to leave the EU?

[Lord Ahmad of Wimbledon]

I do not agree with the noble Baroness. I am sure that she has read the withdrawal agreement. After reading it, she will have reached the conclusion that, by passing the withdrawal agreement, all aspects of the pension for those citizens living in the EU, including the uprated UK state pension, will be paid.

China: Uighur Muslims

Baroness Northover Excerpts

Wednesday 19th December 2018 Lords Chamber

[Lord Ahmad of Wimbledon]

My Lords, it would be fair to say that at this stage the response from China on the concerns raised has been quite limited. However, this is an issue that has come to the fore and has now been raised at an international level, where perhaps it had not previously got the focus it deserves. Let me assure the noble Lord and your Lordships’ House that this remains a key priority on our human rights agenda. Specifically, we have been talking to partners at the Security Council, we raised this directly and bilaterally with the Chinese authorities and my right honourable friend the Foreign Secretary raised this in his direct talks with the Foreign Minister of China.

[Baroness Northover (LD)]

I thank the noble Lord for his very strong response, but does he recognise that some of the actions we have taken on this matter have been taken in conjunction with the EU External Action Service? Of course, we also worked together with France and Germany on the case of Jamal Khashoggi in Saudi Arabia. How does he think we will be able to maximise our impact on human rights with a superpower such as China if we leave the EU?

[Lord Ahmad of Wimbledon]

My Lords, our stance on human rights predates our membership of the European Union. The noble Baroness is right to say that we have worked very closely with our European partners. In bilateral discussions with EU partners and beyond, the importance of human rights and the impact of raising those issues when we stand together are clear. Unity of action on these issues is clear, and it is my view that after we leave the European Union, we will continue to work very closely with our European partners on human rights issues and the benefits we have seen will continue.