Yemen

Baroness Northover Excerpts

Wednesday 19th December 2018 Lords Chamber

[Lord Collins of Highbury (Lab)]

My Lords, I thank the Minister for repeating the Statement. Like my right honourable friend in the other place, I pay tribute to the Foreign Secretary for the time and effort he has put into addressing the terrible situation in Yemen. I also join in the tributes to Martin Griffiths and Mark Lowcock, who have, as the Minister said, worked tirelessly for both the peace talks and the humanitarian relief that is so necessary.

I greatly welcome the confirmation that a resolution is to be tabled this week at the Security Council. From what the Foreign Secretary said in the other place, it seems that on this occasion it will have the support of the United States, which of course is extremely welcome. As we have heard, initially the ceasefire agreement will apply only to Hodeidah. We all understand the reasons for this: the most urgent priority is to get the humanitarian support in. But can the Minister tell us a little more about the next steps? How do we broker a wider ceasefire? How are we brokering a wider political settlement for the country as a whole?

Obviously, the immediate priority is to foster the hope of peace and to get that urgent humanitarian support in, but we must not forget the issue of accountability, particularly for some of the terrible crimes that have been committed. Therefore, I very much welcome the fact that, as the Foreign Secretary said in the other place, the resolution will contain a reference to the obligation to act in accordance with humanitarian law, there will be timely investigations, and those responsible will be held to account.

No one could have been left unmoved by the harrowing investigation last week by the Associated Press into the use of child soldiers by the Houthi rebels. It is alleged that they have forced 18,000 children aged as young as 10 into service in the conflict. I hope that the Minister will share my concern that, if those authorities do not hold people to account, we should ensure that the United Nations conducts a fully independent investigation so that those who commit these crimes are fully held to account.

[Baroness Northover (LD)]

My Lords, I too thank the Minister for repeating the Statement. Of course, the United Kingdom has a responsibility here. It is the penholder at the Security Council, responsible for drafting and tabling resolutions and statements. There has been pressure on the United Kingdom to take action in relation to Yemen, and I am extremely glad that this is now happening.

As the Minister laid out, this is an absolutely desperate situation. Like the noble Lord, Lord Collins, I too pay tribute to Martin Griffiths and Mark Lowcock for their extraordinary efforts. It is encouraging to hear that both the Houthis and the Saudis have now reached a point where they want a solution. That obviously helps enormously. What progress is being made towards enshrining this agreement in a Security Council resolution? The noble Lord referred to that, but is he optimistic that it will be agreed? How then will the agreement be built upon, so that it can be extended to the rest of the country in the way that the noble Lord, Lord Collins, mentioned?

Both parties are meant to withdraw from Hodeidah within 21 days. What signs are there that they are preparing to withdraw? I realise that the key players who were in Stockholm do not necessarily have control over those on the ground, which further complicates matters. Will the United Kingdom supply members to the UN monitoring and verification teams? The Houthis have agreed to hand over maps of landmines in Hodeidah. Will the United Kingdom support any landmine clearance programme, as we have done in other parts of the world?

Does the Minister agree that the implementation of the detainee agreement is a vital confidence-building measure, affecting potentially thousands of families? Will the Government call upon all sides to stop the abuse, torture and disappearing of prisoners? Will the Minister update the House on any progress made on the issue of child soldiers, to which the noble Lord, Lord Collins, referred? Will he also explain what efforts will be made to ensure that women are actively included in the peace talks? I am sure he will agree that that is vital.

On Sunday, UN Secretary-General António Guterres warned that if Yemen’s humanitarian situation did not improve, at least 14 million people would need food aid in 2019, which would be 6 million more than this year. With that number needing food aid and the 24 million whom the noble Lord referred to as needing humanitarian assistance generally, what prospects are there of good access to these people, most of whom are civilians? I look forward to the Minister’s response.

[Lord Ahmad of Wimbledon]

My Lords, I thank the noble Lord and the noble Baroness for their remarks and support. I align myself with them in commending once again the efforts of British diplomats, but also the Brits involved as representatives at a UN level. Mark Lowcock was mentioned, as was Mr Griffiths. Having met both individuals to discuss this issue, I have seen their efforts directly and they are pretty much exemplary. I think we all join together in commending the crucial role they have played. We have worked closely with them both, particularly Mr Griffiths, in tabling the resolution and ensuring that we reflected the outcome of the talks in Stockholm, so that there was real momentum behind the resolution.

On the specific questions raised, there will be some on which I can give specific details because the Stockholm talks have just concluded. As I said in the Statement, the situation is fragile. There is a degree of optimism because it is the first time for a long period that both sides have sat down. They have had discussions and there have been some detailed outcomes. For the benefit of the House and in answer to some of the questions, I shall put what the parties have agreed into four distinct categories. They include that there will be a governorate-wide ceasefire in Hodeidah. The noble Lord, Lord Collins, asked whether this relates to the port of Hodeidah only. As mentioned in previous Questions and debates, the ports of Salif and Ras Isa will be included in that. The noble Baroness, Lady Northover, referred to the prisoner exchange and the importance of adhering to it. My right honourable friend has conducted shuttle diplomacy in the region and one of the outcomes I alluded to in the Statement is that we hope to see families beginning—I stress “beginning”—to rebuild their lives. We are expecting a prisoner exchange agreement covering between 2,000 and 4,000 people during that time.

In answer to the noble Lord, Lord Collins, there was a statement of understanding on the war-torn city of Taiz, including the establishment of a de-escalation committee. There is an agreement to have further talks in January 2019. The noble Lord and the noble Baroness pointed to the importance of accountability. I assure the House that that is a key focus of Her Majesty’s Government as penholders and as interlocutors in the role we are playing between both parties to ensure that, as peace is sustained and strengthened, the perpetrators of crimes on both sides are held to account.

Turning to children in armed conflict, in my first year as a Minister for the UN, I have worked very closely with the United Nations, particularly with Virginia Gamba, who leads on this as Under-Secretary-General. We have supported her work and office. Earlier this week, I met Carey Mulligan and others associated with War Child. This is a priority and a focus. It is a travesty that in conflicts—not just in Yemen but in other parts of the world—we see very young children put on the front line. We will certainly focus on that in the resolutions we reach on this issue.

We continue to work on the UN resolution. It is a live issue with our representatives. Our ambassador and permanent representative in New York is working with other partners to ensure that we can finalise it. That is why I have given the timeline of 48 hours in this respect.

The noble Baroness also mentioned the role of women in conflict resolution. It is a travesty that past resolutions of conflicts around the world have excluded women. There is no doubt in my mind about the statistics. We often ask for an evidence base and the evidence is there. When women are involved in conflict resolution, the peace holds for 15 years longer, on average, because women are pivotal and central to ensuring that conflicts can be resolved and peace can be sustained.

Land mine clearance is an area that the United Kingdom has worked on. At this time, it is too early to judge the extent of the issue, but we will look at it in the continuing discussions in which we will be involved.

Freedom of Religion or Belief

Baroness Northover Excerpts

Monday 10th December 2018 Lords Chamber

[Lord Ahmad of Wimbledon]

I am grateful to my noble friend for her work on the particular report and she is right to point out the important link between freedom of religion or belief and ensuring the rights of women and girls across the world. I am pleased to inform her that we continue to prioritise the issue of girls’ and women’s rights across all parts of the human rights agenda and all areas of British foreign policy. She will also be aware of our commitment to ensure 12 years of quality education for every girl across the world.

[Baroness Northover (LD)]

My Lords, on the subject of women’s rights, the Minister will be very familiar with Asia Bibi’s case. Surely there could not be a clearer case for asylum. There are rumours that the FCO and the Home Office wanted to grant her asylum, but it was blocked at higher levels. Is that so? When her case is considered again in January, will the United Kingdom Government be offering asylum if they possibly can?

[Lord Ahmad of Wimbledon]

As the noble Baroness will be aware from her time as a Minister in Her Majesty’s Government, we do not refer to specific cases. However, I can assure her that rumours are exactly that—rumours. She should not base any question on those. We are continuing to work with international partners to ensure that Asia Bibi’s safety and security is paramount. I can also assure her that, along with the Pakistani Government and our international partners, we are doing our utmost to ensure that that priority is not forgotten.

Freedom of Religion or Belief

Baroness Northover Excerpts

Wednesday 24th October 2018 Lords Chamber

[Lord Ahmad of Wimbledon]

My noble friend raises a significant point about literacy in the important area of freedom of religion or belief. You need only cast your eye around the world to see how freedom of religion or belief is being usurped in many countries, including some of those named by my noble friend. With regard to increasing our focus on this, the noble Baroness will be aware of the work done through the diplomatic network, and I am already speaking to colleagues across DfID, and in the Ministry of Defence, to ensure that those deployed to our international posts are well versed in the local challenges on this important priority.

[Baroness Northover (LD)]

My Lords, has the Minister noted the 40% increase in religious hate crimes in the United Kingdom between 2017 and 2018? In that context, does he feel it appropriate that Tommy Robinson was entertained in the Lords by a Member of this House?

[Lord Ahmad of Wimbledon]

On the second point, I do not think that it is right. We need to take a long hard look at ourselves as a House, and I am sure that the House authorities have been alerted to the presence of the said individual. The views he expresses are not just appalling for the community he targets—we are all, rightly, appalled. It is important that we review our procedures to ensure that individuals such as Tommy Robinson do not enter the heart of democracy. I am minded, however, to defer that to the House authorities.

On the important issue of rising religious hatred and hate crime, I think we all stand united against it. We have seen an increase in anti-Semitism. I have spoken out very strongly on that, and I think that I represent many in this House in speaking out, whether it is against anti-Semitism, Islamophobia, anti-Muslim hatred or any form of religious hate crime. Regrettably and tragically, there are people in our society who target us—those who have spoken out—for that very reason. It is important that we unite against this and that a clear and unequivocal statement comes from this House, from the Houses of Parliament and from the country as a whole, to those who seek to divide us: “We are united against you, and we will defeat you”.

Jammu and Kashmir: Human Rights Abuses

Baroness Northover Excerpts

Monday 23rd July 2018 Lords Chamber

[Lord Ahmad of Wimbledon]

Let me assure the noble Lord that we encourage all states, including India and Pakistan, to uphold their international human rights obligations. Any allegations of human rights violations or abuses are concerning and must be investigated thoroughly, promptly and transparently. Let me once again reassure all noble Lords that we continue to raise the issue of Kashmir, including human rights issues, with the Governments of India and Pakistan. We stand resolute. We hope that a progressive way forward on this issue can be found for both countries and, as a friend to both, we will be supportive.

[Baroness Northover (LD)]

My Lords, does the Minister note the accusation in the report that India has used disproportionate force and that no successful cases have been brought against its forces, including over the accusation of mass rape, and that Pakistan must also address human rights abuses on its side? Should not the UK play a more active role in taking forward what the commission suggests, which is a proper investigation of what has happened on both sides?

[Lord Ahmad of Wimbledon]

Let me assure the noble Baroness that we have of course noted the concerns about Kashmir expressed in the report by the UN High Commissioner for Human Rights and its recommendations, as the noble Baroness said, for the Governments of both India and Pakistan to consider. Therefore, we encourage both states to uphold human rights in line with their human rights obligations. In terms of any resolutions that come forward at the Human Rights Council, we will respond accordingly.

Violent Extremism

Baroness Northover Excerpts

Thursday 28th June 2018 Grand Committee

[Baroness Northover (LD)]

My Lords, I, too, thank my noble friend Lord Purvis for bringing us this topic today and the British Council All-Party Parliamentary Group for producing this thoughtful and extensive report. I pay tribute to all that the British Council does around the world. I am currently hoping that we can encourage the British Council back into Angola, but here we are looking further north, at the Middle East and north Africa.

A number of years ago, DfID shifted its focus to the poorer sub-Saharan African countries, but we now see the importance of investment in what the EU terms our near neighbourhood. What happens in the MENA region is important in itself but also has a direct effect on Europe, as the noble Lord, Lord Balfe, emphasised. Discontent, conflict and poverty in the region have been driving migration into Europe. Violence in the region has spilled over into our continent.

Yet, as others have said, there was great optimism and excitement when the Arab spring swept through the region. Regimes that seemed completely entrenched were suddenly overthrown. That enthusiasm for what might have seemed possible turned sour as those who rose up, divided and inexperienced as they were, were not well placed to take advantage of the overthrow of dictatorial regimes. It enabled others to take their place and made regimes very wary of similar movements. That can be clearly seen in Egypt; Libya descended into bloody chaos; and Saudi Arabia clamped down on dissent. Some positive developments can be seen in some countries, including Tunisia and Morocco, but things are very fragile, as the noble Lord, Lord Anderson, noted.

It is excellent that the British Council has sought to engage across these countries. Young people, better educated than their parents, with expectations that their lives would be different and with the information they could now glean from social media—something that had contributed to the rapid spread of the Arab spring—have often found that their opportunities are in fact extremely limited. Unemployment was and remains unacceptably high and, in such circumstances, discontent and disconnect are fostered.

The report emphasises that violent extremism needs to be tackled upstream. This is surely compelling, although it poses huge challenges, since only the thorough-going social, political and economic reform of these countries would be likely to achieve this. The economic challenges of the demographic youth bulge, high youth unemployment and the serious education and skills deficits to which the report points are difficult to tackle without huge investment. Tinkering around the edges will not do this. The noble Lord, Lord McConnell, is surely right about long-term engagement—what he calls stickability. I note the need for research into the wider causes of extremism and how best to tackle them. Can the Minister fill us in on both the UK and the EU’s financial contribution to north Africa? I am not asking for the rest of the Middle East to be added in, as the huge investment into Syria and the Palestinian Territories will obscure what investment is going into north Africa.

The report concludes that fostering the economic growth of the region, encouraging investment and improving the jobs market are vital. So, too, is investing in education and skills, including for women and girls, as the noble Baroness, Lady Hodgson, rightly noted. The report emphasises the importance of higher education for the already educated Syrian refugees. Can the noble Lord comment on what is being done in regard to this group?

Clearly, corruption and injustice not only undermine young people’s view of their countries and their futures but make it difficult to encourage inward investment. Can the noble Lord tell us where the MENA countries are in the ease-of-doing-business tables—maybe the ones particularly across north Africa?

As we know from the United Kingdom—for example, as we seek to tackle destructive knife crime—systematic engagement is vital. Even so, young people do not necessarily calibrate things as we might expect. Getting them safely to their mid-20s helps. Serious engagement on identity politics and ideology, as my noble friend Lady Suttie emphasised, is clearly vital. It is not a simple economic matter. I was very glad to receive from the British Council its full response to the report. It is clearly well placed to play a key role here and I look forward to hearing the Minister’s reply.

BBC Persian Staff

Baroness Northover Excerpts

Tuesday 12th June 2018 Lords Chamber

[Lord Ahmad of Wimbledon]

The noble Lord is right. The human rights situation—I speak as the Human Rights Minister—is dire not just for the people of other nationalities or joint nationality, as the case that he has pointed to illustrates, but for Iranians themselves. We have seen the persecution of minority communities, including Christians and Baha’is, continuing in Iran. Our attitude, which I think is the right one, is that we will persevere with our bilateral exchanges directly with the Iranians and we will continue to raise this matter through international fora, including the Human Rights Council, as I have done most recently.

[Baroness Northover (LD)]

My Lords, many in the BBC Persian service are dual nationals. The noble Lord made very brief reference to Nazanin Zaghari-Ratcliffe, who has dual nationality. She has now been in prison for 800 days, and yesterday marked her daughter’s fourth birthday. Can the noble Lord be a bit more expansive about what the Government are doing to seek her release, especially after the flurry of activity in various directions last year by the Foreign Secretary?

[Lord Ahmad of Wimbledon]

I am sure that I speak for all noble Lords——I speak as a parent, too—when I say that our hearts go out to a young child whose parent was absent for a notable birthday, and our compassion goes out to the family. Many sensitivities are associated with the case that the noble Baroness raises and other consular cases, but I reassure her that we regularly raise the case of Nazanin Zaghari-Ratcliffe, as well as other cases, and we will continue to do so. The issue of dual nationals is pertinent because Iran does not recognise dual nationality.

Palestinian Territories

Baroness Northover Excerpts

Thursday 7th June 2018 Lords Chamber

[Baroness Northover (LD)]

My Lords, I too thank my noble friend, Lord Steel, for securing this debate and his immensely statesmanlike introduction to it. All contributing have expressed their hopes for a peaceful way forward, even if there is disagreement over what that route forward might be and what the underlying issues are. I share the view of noble Lords that this is a very dangerous situation for Palestinians and Israelis, as well as their neighbours in the region and far wider than that—for all of us.

This has been an intractable problem: a homeland established for one group after the horrors of the Nazi period, to which the noble Lord, Lord Shinkwin, rightly referred, while displacing another. But both my noble friend Lord Steel and the noble Marquis, Lord Lothian, referred to the only partial delivery of the Balfour Declaration.

I, like others, pay tribute to Israel’s success in establishing itself so quickly as a prosperous nation in the region, but the UK Government have long contributed through their aid to the consequences of that settlement, the history of which noble Lords have referred to, through their support to those now in the West Bank and Gaza, or in refugee camps elsewhere in the region. Like the noble Baroness, Lady Morris, I pay tribute to DfID and many organisations for their work in Gaza and the OPTs.

Recognising international law, the UK Government condemn illegal settlements which undermine the possibility of a two-state solution. They have objected to the inflammatory move of the US embassy to Jerusalem, to which my noble friend Lady Ludford and others referred. Many here seem to agree that the best resolution is a two-state solution, even though things are reaching a point where this may no longer be viable, as the noble Lords, Lord Hain and Lord Singh, so clearly outlined.

One strong recommendation has emerged in this debate: that one step towards establishing that two-state solution must be to recognise Palestine. I urge the Minister to get the UK Government to do what 130 other Governments around the world have done; that is, to recognise the state of Palestine, as my noble friends Lord Steel and Lady Sheehan, the noble Lords, Lord Cope, Lord Hannay and Lord Warner, and the noble Baroness, Lady Morris, and others have urged. This is my party’s position after much fiercely argued debate. I know the government formulation, as I used it in the coalition: “when the time is right”. When my noble friend Lord Steel describes the language as weak, the Minister will understand; I have seen his wry smile and that of his officials, to whom I know I should not refer. Sir Vincent Fean, Britain’s official representative to the Palestinian Authority until he retired in 2014, has said that,

“the time is right for the United Kingdom to recognise the state of Palestine … If we choose to act decisively, we change the dynamic in the EU and at the UN … a further abstention is abdicating responsibility”.

The region is a tinderbox—we have often said that. Syria, the outflow of refugees into neighbouring states which have supported Palestinian refugees for decades, the instability across the MENA region, the pulling of the rug from the Iran nuclear deal, unpredictability in Saudi Arabia, the blockade of Qatar: all should concern us.

This spring has marked 70 years since the time that the Palestinians mark as a disaster, and protests have built on the Gazan border. As Oxfam notes, while Hamas may have then endorsed and encouraged such protests, there is no doubt of the asymmetry on the two sides of the Gazan border. The excessive force used by the Israeli forces has been shocking and disproportionate, as others have said. Since the first Gaza protest on 30 March, Israeli forces have killed more than 128 Palestinians and injured more 13,000. Fifteen children have been killed. One Israeli soldier has been lightly injured.

According to WHO, 245 health personnel have been injured and, as we have heard, 40 ambulances have been hit. Noble Lords have referred to the death of the first responder. I echo my noble friend Lady Sheehan’s questions as to whether the Israeli Government have clarified that and what action is being taken to hold to account those responsible for her killing.

Israel has argued that Hamas has manipulated the protests to present a threat to the border and intended to attack Israeli civilians inside Israel. Human rights groups have argued that Israel has failed to demonstrate a clear threat to life that warranted the use of lethal force. That is why a full independent international investigation is required. Surely the Minister agrees.

This must also be a time to address not only the immediate crisis in Gaza but the deep-seated challenges there, as my noble friend Lady Sheehan, the noble Baroness, Lady Morris, and the noble Lord, Lord Judd, spelled out. Since 2007, Gaza has been blockaded. The economy of the territory has collapsed. As noble Lords have referred to, David Cameron noted in 2010 that Gaza had become a “prison camp”.

As other noble Lords have noted, in August 2012 an UNRWA report found that, without radical changes, Gaza would be unliveable by 2020. In 2015, the World Bank reported that the unemployment rate in Gaza was the highest in the world—not a recipe for stability. Others have spelled out conditions there. The noble Baroness, Lady Morris, gave a moving account of the psychological damage done to those in Gaza, especially children, as did my noble friend Lady Janke. It is in Israel’s as well as the Palestinians’ long-term interest to build the economy of Gaza and not to strangle it.

Although Gaza has seen the acute recent crisis, the ongoing challenges in the West Bank remain unresolved. Illegal settlement expansion continues. Only a few days ago, on 30 May, almost a further 2,000 settlement housing units were approved. A European Union report from the end of last year found that Israel added nearly 8,000 housing units in the West Bank, including east Jerusalem, in the first half of 2017. New guidelines for settlement building have been issued, allowing for faster expansion with greater geographical spread than before. Demolition of Palestinian homes continues. I note that the Foreign Secretary, Boris Johnson, stated on 1 June:

“Palestinians have found it virtually impossible to obtain building permits in Area C of the West Bank, an unacceptable situation that leaves them with little option except to build without permission”.


Then there is the issue of Jerusalem. Trump’s unilateral decision to recognise Jerusalem as simply the capital of Israel has serious implications for the peace process. At the end of last year, the UN General Assembly rejected Trump’s action. We know the threats made by the Americans to countries that received aid. President Trump has cut funding to UNRWA—again, noble Lords have referred to that. As the noble Lord, Lord Luce, pointed out, the US has abdicated its position as a mediator. President Trump cannot act as an honest broker in this situation, capable of delivering a two-state solution. Indeed, the Vice-President, Mike Pence, has said publicly that,

“we don’t want to be a broker. A broker doesn’t take sides … America’s on the side of Israel”.

I note what the noble Lord, Lord Turnberg, said about the need for new and braver leaders on both sides. Surely the noble Lord, Lord Luce, is right when he argues that it is in everyone’s interest that European countries take the lead. The noble Lord, Lord Hannay, made the point that Europe has the most to lose and the most to gain from such engagement. Clearly, our pulling out of the EU does not help, but to leave it to the two parties to the conflict to resolve this by themselves does not recognise the imbalance of strength between them and is therefore unlikely to lead to a stable settlement. I note what the right reverend Prelate the Bishop of Chester said—that Israel cannot see a solution—and the noble Lord, Lord Anderson, noted that the Israeli Government seemed to have “no plan” in this regard, as settlement expansion undermined lip service paid to a two-state solution. There is often in these debates an element of whataboutery. It is because of that that we need international engagement that is not partisan, as the US has now declared itself to be.

This has been an intractable problem leading to instability, fear and lack of security on both sides in the region. That is why the human rights and dignity of all individuals must be recognised and international law respected. Full international engagement, especially from Europe, in this situation is essential so that brave steps are taken, progress can be made and we do not have to have endless repeats of this debate today.

Iran and Saudi Arabia: Co-operation on Syria and Yemen

Baroness Northover Excerpts

Monday 21st May 2018 Lords Chamber

[Lord Ahmad of Wimbledon]

The right reverend Prelate makes an important point. There are many wise voices when it comes to the tragic conflict that we sometimes see being played out by different denominations within the context of Islam. I remind noble Lords that there are 73 different denominations in Islam, but Shia and Sunnis represent the majority. In this regard, any dialogue is positive. A few months back, as part of my responsibilities at the Foreign Office, I looked at the important issue of countering extremism. Together with the Vatican, we invited to Rome scholars from both the Sunni and Shia voices of Islam to give productive and practical suggestions on the way forward.

[Baroness Northover (LD)]

My Lords, the United Kingdom, with its European partners, is seeking to retain the Iran nuclear deal. Might this be a time to encourage Iran to be constructive in both Syria and Yemen, and to release dual nationals, including Nazanin Zaghari-Ratcliffe?

[Lord Ahmad of Wimbledon]

Taking the noble Baroness’s final point first, I can assure her and the House that we continue to raise consular cases with Iran at every opportunity. On the wider point of engagement, she is right that we that we have been working with our partners to ensure that the Iranian nuclear deal remains live and will continue to do so. In our most recent discussions, the Foreign Secretary had a conversation with Foreign Minister Zarif about the importance of also ensuring that Iran plays its role in, for example, ensuring the Assad regime comes to the table in Geneva so that we can get the kind of peace we are all seeking for the people of Syria.

Sanctions and Anti-Money Laundering Bill [HL]

Baroness Northover Excerpts

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

[Lord Faulks (Con)]

My Lords, I endorse everything that the noble Lord, Lord Anderson, rightly said. These matters were a concern across party in both the House of Commons and your Lordships’ House. The Magnitsky law was somewhat incomplete after the Criminal Finances Bill was enacted, and this is a necessary completion of those reforms. I share the noble Lord’s concern that, in our enthusiasm, we must not lose sight of the need for safeguards. This measure seems to be welcome not only here but in a number of other jurisdictions, and I agree that we should continue to do all we can to encourage its take-up worldwide.

[Baroness Northover (LD)]

My Lords, we, too, welcome Amendment 1 and the consequential amendments, which are the concession made by the Government in the Commons explicitly to include gross human rights abuses in the Bill, recognising the vote in the House of Lords led by the noble Lord, Lord Pannick, and others. We also welcome Amendment 16, which deals with the concern raised by the Independent Reviewer of Terrorism Legislation and the Joint Committee on Human Rights. We also welcome Amendment 17, requiring the Government to make periodic reports on the use of powers to make sanctions. How frequently may those occur and what form may they take? Most of all, I thank the Government for listening to the views expressed here and hope that we can take heart in relation to other legislation and votes we have seen in recent times.

[Lord Hain (Lab)]

My Lords, I, too, welcome government Amendment 1 and its associated amendments and applaud the Minister for the way he has spoken forthrightly on the human rights agenda and stewarded the Bill, which is a case study in how a Government and a Minister should and can respond to amendments from the Opposition, the Liberal Democrats and Cross-Benchers.

At the same time, I crave the indulgence of the Minister, the Whip sitting next to him and your Lordships’ House in returning to a subject which I have raised before—which, I am authoritatively told, has had some impact on the welcome change in the leadership of South Africa. This week marks South African President Cyril Ramaphosa’s first 100 days in office. I will be brief, but the official state money laundering and corruption virus he inherited from President Zuma is significantly more virulent and pervasive than even Ramaphosa could have anticipated, made immeasurably worse by the complicity of UK-based global corporates.

Take Hogan Lovells, the international law firm headquartered here in London and in Washington, its role starkly exposed in documents recently released to the parliamentary finance committee in South Africa. In your Lordships’ House, Report on the Bill on 15 January, I first criticised its role for whitewashing corruption by Tom Moyane, chief of the South African Revenue Service, now suspended by the new President. According to these documents, Hogan Lovells kept silent even when its findings related to money laundering and corruption by Moyane’s former deputy, Jonas Makwakwa, and even after Moyane misled the South African Parliament. Through its despicable, fee-grabbing complicity, Hogan Lovells spared these two notorious perpetrators of state capture in South Africa from accountability for their complicity in, and cover up of, serious criminal behaviour, including money laundering and corruption.

At the same time, Hogan Lovells has been undermining the criminal justice system in a series of other cases, as proven by the fearless Forensics for Justice NGO investigator, Paul O’Sullivan. Effectively, Hogan Lovells was acting as former President Zuma’s legal fudger-in-chief.

Brave investigative journalist Pauli van Wyk has exposed lies by the senior partner of Hogan Lovells in South Africa, Mr Lavery Modise. In the Daily Maverick, she pointed out:

“Despite having the benefit of the report by Price Waterhouse Coopers (who actually conducted the investigation), Modise and his team ultimately charged Makwakwa with everything he could explain, and with exactly nothing that he previously struggled to explain, or simply refuse to account for”.


Indeed, the more serious allegations in the PwC report were carefully filtered out of Hogan Lovells’s report, and the firm did not point out that Moyane was preventing critical evidence from being given to PwC.

Hogan Lovells’s most specious piece of lawyer sophistry was to claim that it could look only at the employer-employee issue involved and not at any criminal issue, giving the excuse that the employee, Makwakwa, could otherwise implicate himself. Surely all good employers, and indeed employees, should report on any criminality at their workplace, and surely even more so in the vital state revenue agency when the crime relates to money laundering and tax evasion. Effectively, Hogan Lovells turned a blind eye to the looting of the tax agency. It took a fat fee and ignored the truth. Most astonishing to me is that Hogan Lovells still refuses to acknowledge, let alone apologise for, its complicity, thereby actively supporting those still trying to undermine President Ramaphosa’s reform programme.

The behaviour of Hogan Lovells in South Africa is a classic example of a British-based company obfuscating its behaviour, using the complexities afforded by the law, including client confidentiality, to conceal the crimes of money laundering and corruption. Hogan Lovells fits exactly the behaviour exposed by investigator Pauli van Wyk when she concluded:

“The tale of State Capture ... co-exists in a mutually parasitic relationship where the public purse is the feeding ground and corporates are the enablers and agents of whitewash”.


British based corporates such as Hogan Lovells should be supporting, not thwarting, President Ramaphosa’s anti-money laundering agenda.

The Solicitors Regulatory Authority has now declared that Hogan Lovells South Africa is a “connected party” to its UK firm and I therefore request—I hope that I will have the Minister’s support—that the SRA withdraws recognition from Hogan Lovells UK and suspends its UK senior partners from practising here for its scandalous activities in South Africa. I also ask British Ministers to ensure that Hogan Lovells UK receives no more UK public sector contracts until it at least apologises for its shameful and shameless South African role. Additionally I can report that, after I raised this matter at Second Reading in November, the Financial Conduct Authority has recently informed me that it is engaging with the whistleblower who has supplied evidence that I believe should see HSBC prosecuted for conspiracy for facilitating money laundering.

I conclude: unless Ministers ensure that there are penalties for UK-based corporates like Hogan Lovells, HSBC, the Bank of Baroda, Standard Chartered, Bell Pottinger, KPMG, McKinsey—and who knows how many others?—for their complicity in protecting criminals engaged in money laundering in the South African case, I am afraid this legislation will not be worth a candle.

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[Baroness Northover]

My Lords, as the Minister will know, and as the noble Lord, Lord Collins, expressed, the Delegated Powers Committee was very concerned about Amendments 11 and 12. I must say that I found it astonishing to read that yet again, at this late stage of the Bill, the same issues are coming up that we had at the beginning, and to hear the Delegated Powers Committee noting,

“the Department’s failure to explain the width of the powers being granted, and why it is not possible to limit the powers … and to specify on the face of the Bill the persons who are to exercise the powers”.

I hear what the Minister says. I note that the Delegated Powers Committee is reluctantly saying that, if the Lords accepts the way that these amendments have come forward, the powers should be subject to the affirmative procedure in both cases. I wonder what the noble Lord, Lord Pannick, makes of the amendments.

[Lord Pannick]

I am very disappointed—at other noble Lords are—at the approach of the Government. All these points were fully debated at Second Reading, in Committee and on Report, and the constant theme across the House was that it was vital to constrain the powers that Ministers were giving themselves in relation to the Bill. The Minister was very receptive to those concerns and accepted a number of amendments, and it is therefore very disappointing that at this very late stage we see again the same vice. So I share the disappointment and regret that, given the stage we are at, it is too late to do anything about it. But I hope that the Minister will take back to his department our concern and the promise—it is not a threat—that, if similar powers are put before us in another Bill, no doubt noble Lords will have more to say about it.

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[Lord Pannick]

My Lords, in the early stages of this Bill, my noble and learned friend Lord Judge, who is not in his place, expressed the concerns that many of us felt about Ministers being given a power to create new criminal offences and, indeed, to specify maximum sentences. I am very pleased that the Government have recognised a need for safeguards in this context. This is an exceptional circumstance, and I very much hope that the Government will not see this as a precedent to be used in other contexts.

[Baroness Northover]

My Lords, the potential creation of new criminal offences by Ministers was of course the subject of major debate in the Lords, and the Government were defeated. It is the Government’s compromise that we are considering here. I know that the Government and the noble and learned Lord, Lord Judge, spent a great deal of time on this, as did my noble friend Lady Bowles. Noble Lords did not quite get to where they would have liked, but I know that they thought progress had been made. We are therefore content to accept the position that we have reached. However, the noble Lord, Lord Pannick, makes an important point about this not being a precedent.

[Lord Ahmad of Wimbledon]

I thank the noble Lord and the noble Baroness who have spoken. When this issue left your Lordships’ House, I emphasised and assured noble Lords that we would continue to work, particularly, with the noble and learned Lord, Lord Judge, and officials continue to do so. Every time I saw him in a Division Lobby or outside it—often he was going in the opposite direction, but we will park that for a moment—he reassured me that progress was being made, and this is the culmination of that. I thank noble Lords for their support.

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[Baroness Hooper (Con)]

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

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

[Baroness Northover]

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

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

[Lord Collins of Highbury]

My Lords, I might as well begin by declaring what is not really a direct interest. My father was born in Bermuda and his father was born in Bermuda, so I think that entitles me to go and live there at some point and not have to deposit the $30 million that I think is currently needed if you want to live there. It is a very nice island, and I do love it and I love its people.

This debate is a reflection of constitutional concerns. There are concerns over the rights of people to determine their own laws and no one can disagree with that. But it is also a very strong moral debate, because we know that developing countries lose three times as much in tax avoidance as they get in all the international aid that is available to them. That is the scandal of this world we now live in. The Paradise papers and the Panama papers highlighted just how much of an issue this really is, and that is why we have such huge public concern. If we want to break the business model of stealing money and hiding it in places where it cannot be seen, transparency is the answer. I agree completely with the words of David Cameron in 2013 when he spoke about ripping aside “the cloak of secrecy” and repeated the well-known mantra that “sunlight is the best disinfectant”. I think that that commitment by David Cameron in 2013 is what this debate is about.

Last week, I had the opportunity of meeting the Prime Minister and Leader of the Opposition of the British Virgin Islands. They made their case very strongly to me about their concerns over this amendment. However, whatever position you are taking constitutionally, no matter what the concerns are, there is one thing that everyone agrees on, and that is that the scandal of money flowing out of countries and being hidden is something that has to stop. The Prime Minister of the British Virgin Islands acknowledges that transparency is important. We have heard about the actions of Bermuda and other places. David Cameron was actually trying to change the global position, to get to a position where we would have global agreement on addressing this issue.

How do we get global agreement? David Cameron believed it was by giving a lead. There is an issue here about reputation and being able to influence things. While we are in the European Union and saying, “You’ve got to ensure that all territories within the European Union comply with this”, and when we are in other global fora, we should be able to say that we will be acting on this. We know that the excuse of the overseas territories is often used by others to say, “If you’re not doing it there, why should we do it here?”. That is something that we have to address.

I absolutely understand the need to ensure that all the territories have the proper opportunity to consider this, but this is something that they have been acting on for some time. I respect the Minister’s undertaking to ensure that they have the necessary means as well as the necessary policy and advice.

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[Lord Ahmad of Wimbledon]

I am sure the House willed that I move this formally but for good order I should speak to it, although I am sure I am not expressing the Deputy Speaker’s sentiments in any way.

This group contains the remainder of the amendments to the Bill made in the other place. Amendment 26 seeks to clarify the interaction of the powers in the sanctions Bill and the European Union (Withdrawal) Bill. It has been prompted by amendments to the European Union (Withdrawal) Bill tabled by the Government during its passage. Amendment 26 does not change the intent of the sanctions Bill, nor does it change the scope of the powers contained in the Bill. It makes clear that any restrictions in the European Union (Withdrawal) Bill on the modification of retained EU law do not prevent sanctions Bill powers being exercised as they were intended. The Government believe that the amendment is necessary to provide certainty and avoid any confusion about the interaction of the two Bills in this area.

Amendment 29 is a routine procedural amendment that removes the privilege amendment inserted in this House, which ensures that there are no amendments that would raise taxes or impose charges.

Amendment 24 makes changes to the ability to update the definition of terrorist financing, fulfilling a commitment that the Government made on Report in your Lordships’ House. It retains the ability to remove obsolete references from the definition, but restricts the ability to add new terrorist financing measures by way of sanctions regulations. Those new measures can now be added to the definition of terrorist financing only if the new measures are made either for the purpose of compliance with international obligations, or for the purpose of furthering the prevention of terrorism in the UK or elsewhere.

Noble Lords will be aware that Schedule 2 to this Bill, as already approved by your Lordships’ House, provides an express power permitting the Government to make anti-money laundering regulations that correspond or are similar to the money laundering regulations 2017, or to amend or revoke those regulations. These powers will enable the Government to update the UK’s anti-money laundering regime to reflect evolving international standards and address emerging risks.

Amendment 33 is also consequential on amendments to the EU withdrawal Bill, and confirms that these powers can be used once we leave the EU, in connection with the EU funds transfer regulation—which regulates payment service providers—and other EU-level legislation made under the fourth money laundering directive. This applies in particular to the existing EU list of high-risk third countries, in connection with which enhanced due diligence is required. This amendment provides legal certainty regarding the Government’s ability to update this legislation, which will be part of UK law, using the powers conferred through the Bill. This will ensure consistent treatment of the money laundering regulations 2017 and the closely interlinked legislation which also came into force last year. With those explanations, I beg to move.

[Baroness Northover]

I could say that I am going to test the opinion of the House, but I do not think that that would work. I just take the opportunity of this group to thank the Minister and the Bill team for their careful and constructive engagement on the Bill. Obviously, we would prefer that we were not having to take this legislation through, but if we leave the EU it will indeed be needed.

I also thank those on these Benches who have assisted on the Bill: my noble friends Lady Sheehan and Lord McNally and, especially on the anti-money laundering part, Lady Kramer and Lady Bowles, who single-handedly analysed and proposed restructuring of that part of the Bill and engaged with the Bill team and the Treasury, drawing on her experience as a former chair of the economics committee of the EU.

I also thank the noble Lord, Lord Collins, and his team, and the noble and learned Lord, Lord Judge, and the noble Lord, Lord Pannick, for their deep and constructive engagement.

As the Minister quickly discovered, although the subject matter of sanctions and anti-money laundering is not exactly controversial, the means of tackling it and the carryover into wider Brexit legislation in terms of powers taken meant that this was a forerunner to the EU withdrawal Bill. Above all, I thank the Minister and his team for their patience and engagement. Judging by the previous group, it sounds as though he still has much to do.

[Lord Ahmad of Wimbledon]

My Lords, I am grateful to the noble Baroness, Lady Northover, and again put on record my thanks to her—and to the noble Baroness, Lady Bowles, in particular, on the issue of money laundering. In the same way, I extend my thanks to the Labour Front Bench, particularly the noble Lord, Lord Collins, and others in your Lordships’ House.

As I said when the Bill passed from your Lordships’ House, we have seen co-operation and your Lordships at their best. I said right at the beginning that we were in listening mode, and I think that has been reflected during the course of the Bill in both your Lordships’ House and the other place. I hope that the noble Baroness is also minded to note that we learn from the wise words of others such as the noble Lord, Lord McNally, and that in introducing this group, I resisted using the word “technical”. I commend the amendments.

United Nations Human Rights Council: Resolution on Gaza

Baroness Northover Excerpts

Monday 21st May 2018 Lords Chamber

[Lord Ahmad of Wimbledon]

The noble Lord is quite right to say that the Government’s position has been, and remains, to support an independent and transparent investigation into recent events. In this case, we joined European allies—notably Germany, Slovakia, Hungary and Croatia—in abstaining on calls for a commission of inquiry. I made the reasons for our abstention clear in my opening remarks. To that end, we were concerned that the resolution as presented could not be perceived as balanced because it did not look to ensure that non-state actors were fully considered. We remain true to the fact, however, that we will continue to work through all channels, calling for an international investigation into the events in Gaza last week. There is, as the noble Lord will know, a UN resolution at the Security Council on the situation regarding Israel and the Occupied Palestinian Territories. We are aware that Kuwait has also tabled a draft resolution. We are currently considering the text carefully and will make a decision on the way forward on that in due course.

[Baroness Northover (LD)]

My Lords, how does the noble Lord feel personally about this decision? He and his colleagues have repeatedly called for the facts to be established, so how does that square with abstaining on this matter? The Statement rightly asks for an independent and transparent investigation. Why, then, does it go on to ask one side—Israel—to carry this out?

[Lord Ahmad of Wimbledon]

My Lords, we made clear at the Human Rights Council the importance of any independent investigation. We sit on the Human Rights Council and we always stress the importance of co-operating, and we sought to do so. We did not vote against the resolution but abstained because we had reservations about the wording as it stood. We were not alone in that: I believe there was a total of 14 abstentions.

The noble Baroness asked about the Government’s position, which has been consistent. We want to see a resolution to the situation between Israel and the Palestinians, and we want to see an inquiry into the events that occurred last week in Gaza. Regrettably, children’s lives were lost. For that reason, we wanted to ensure that all material facts could be fully reviewed by any investigation that had been set up. We felt that the UN Human Rights Council resolution fell short of the requirement to ensure that any factors from the side of Hamas inciting others to act in this way were going to be fully considered. That was regrettable, and that is why the UK Government abstained from voting for the resolution.