UNCLOS: The Law of the Sea in the 21st Century (International Relations and Defence Committee Report)

Baroness Rawlings Excerpts

Monday 28th November 2022 Grand Committee

[Baroness Rawlings (Con)]

My Lords, it is always a pleasure to follow the erudite speeches of the noble Lord, Lord Teverson. Our chairman, my noble friend Lady Anelay, and her team chose UNCLOS—an important but, dare I say it, relatively unknown subject regarding the law of the sea. I am most grateful to have served on her committee for nearly three years and for our having the opportunity to debate the UNCLOS report, especially leading up to the conclusion of the 40th anniversary conference on 10 December.

“The seas covering the globe, and particularly those around our coasts, have always been a fascination to many, since to a great extent they hold the key to the state of our economy, our physical health and our safety, to mention but a few of the areas affected”.—[Official Report, 19/5/1976; col. 1431.]


I quote this from the maiden speech of Earl Strathmore and Kinghorne, during a former debate on the subject, here in the Lords, on 19 May 1976. I would like to highlight three security points emanating from our report that I believe could give cause for concern and to add to what some speakers have already mentioned. The three points I want to talk about are climate change, the South China Sea, including the Spratly Islands, and cable security.

First, on climate change, which has already been mentioned, witnesses identified the Arctic as a region where climate change may have serious and significant maritime security implications. Paragraph 113 of the report says:

“Climate change is likely to lead to additional maritime security challenges, particularly in the Arctic. We ask that in its response to this report the Government provides us with information about how it is monitoring security-related developments in the Arctic”.


Secondly, on the South China Sea, I shall not go into all the details, which have been well rehearsed. However, the challenges come in two main forms: long-standing claims, which are at odds with the principles of the treaty, and new claims by rising powers. These are both exemplified by China’s actions in the South China Sea. Evidence suggests it is highly unlikely that China will decide to change its policy of claiming exclusive jurisdiction over the majority of the South China Sea but that it will continue to reject the principles of freedom of navigation and freedom of innocent passage, as outlined by UNCLOS. China’s stance poses a challenge to international law. The UK Government should continue to work with their partners and allies to protect and preserve the principles of freedom of navigation, not only in the South China Sea but in every region where it is challenged. I urge the Government to keep an eye on this area to make certain there is no trouble regarding our navigation rights, which, as the Minister knows, are so vital.

Thirdly, on subsea cable security, these cables are a critical element of the UK’s, and the world’s, communications infrastructure. The report says that

“witnesses added that there is also a ‘lack of information sharing on cable breaks’ which ‘poses a threat to the functioning and security of the global subsea cable system and global connectivity’”.

Although UNCLOS places obligations on states to allow for the laying and repairing of such cables, these are not always followed in practice. It is crucial that the laws are clear where responsibilities lie for the maintenance and protection of subsea cables. The international regulatory regime is unclear and this must change, considering their significance. The Government should work with partners and others to address this. The UK should work to improve domestic legislation for cables in the UK’s territorial waters, as well as working with partners to strengthen the international regulatory regime. I know HMG take all these matters very seriously—and so they should. We were told that these cables were well protected, but I keep reading disturbing reports.

People in all walks of life, not only those directly concerned, are now beginning to realise the importance that should be attached to the UN Convention on the Law of the Sea. This report is long and complex, covering in detail many different security points. I fear that it may not be widely read cover to cover, so I want to ensure that the Minister takes these three vital security points back to his department: the effects of climate change, the freedom of navigation in the South China Sea and the protection of undersea cables.

Russia in Georgia

Baroness Rawlings Excerpts

Wednesday 16th November 2022 Lords Chamber

[Lord Ahmad of Wimbledon (Con)]

My Lords, first and foremost, on the issue of Russians fleeing forced conscription, I think that it is a recognition that the people of Russia themselves do not support what Mr Putin is doing, in his continued violation of the rights of the Ukrainian people. On the specific issue the noble Lord raises, on whatever perspectives may be taking place, and whether some coming through those borders may pose a direct threat, that is why the UK is cognisant of this. That is why we are investing in cybersecurity; I am sure that will help to build the intelligence base as we work with our Georgian partners.

[Baroness Rawlings (Con)]

My Lords, my question very much relates to that asked by the noble Lord, Lord Carlile. Do we still have troops or observers on the South Ossetia-Georgia border, which was very much being controlled by Russians on my last visit? I wonder how much has changed since the war with Ukraine.

[Lord Ahmad of Wimbledon (Con)]

My Lords, on my noble friend’s final point, there has of course been a refocus on the occupation and break away of the republics of South Ossetia and Abkhazia. That shows that Russia, back in 2008, had malign influence, which, as well as the territorial significance of the two breakaway republics, demonstrates what Russia’s intent was both in Georgia and indeed in Crimea and Ukraine. On the specific issues, the EU monitoring mission is in Georgia and tracks the breakaway regions. We work together with our NATO allies: there is a liaison office in Tbilisi, and the UK, along with Romania, will take over as the point embassy in Tbilisi from January 2023.

Belarus

Baroness Rawlings Excerpts

Tuesday 23rd February 2021 Lords Chamber

[Baroness Rawlings (Con) [V]]

My Lords, it seems that Mrs Tikhanovskaya spoke to the Foreign Secretary this month. Can the Minister say what our future relationship will be with Belarus, which was formerly White Russia and known for the purity of its people?

[Lord Ahmad of Wimbledon (Con)]

My Lords, my noble friend is right. As I indicated in response to an earlier question, my right honourable friend the Foreign Secretary has spoken to the leader of the opposition. As I have said on a number of occasions, we want to ensure that the rights of all communities and all citizens in Belarus are guaranteed, and the best way to do that is through free and transparent elections. We have taken measures such as sanctions, including imposing sanctions on Alyaksandr Lukashenko, his son, and six other members of the Belarusian senior Administration, and we will continue to read the situation on the ground and work with international partners in pursuit of this aim.

Shawcross Report: Compensation for Victims

Baroness Rawlings Excerpts

Monday 8th February 2021 Lords Chamber

[Lord Ahmad of Wimbledon (Con)]

My Lords, the noble Baroness rightly raises the issue of the US, French and German Governments’ claims for atrocities. She will also note that these were direct atrocities—including, from a UK perspective, the killing of WPC Fletcher, as well as the victims of Lockerbie—and they have been compensated. By contrast, Libya was defined as a third party in IRA terrorism. I understand what the noble Baroness says, including about the importance of a UN review of the regime within the context of UN Security Council resolutions, but I assure her, as I have other noble Lords, that we are continuing to look at victims. An important and sensitive report has been produced internally and we are looking at all matters before responding appropriately. I cannot give the noble Baroness more detail than that at this time.

[Baroness Rawlings (Con) [V]]

I understand why the victims finally deserve an answer, but can I ask the Minister to encourage the publication of William Shawcross’s conclusions and recommendations, rather than publishing the whole—obviously sensitive—report?

[Lord Ahmad of Wimbledon (Con)]

As I have said before, I note what my noble friend said; it is a practical suggestion and I will certainly take that back.

Flooding

Baroness Rawlings Excerpts

Wednesday 20th January 2021 Lords Chamber

[Lord Goldsmith of Richmond Park (Con) [V]]

In terms of where to invest, where the Government invests and where the Environment Agency places its focus are entirely based on the data that we have. Therefore, the areas that are most at risk are prioritised. We do not distinguish between urban versus rural or north versus south. Priority is based on solid criteria that apply across the board. The noble Baroness mentioned Flood Re. There has been a big increase in availability and affordability since its launch. Independent research tells us that, before that, only 9% of households with previous flood claims could get two or more quotes on price-comparison sites, and none could get five or more. Now, 100% can get two or more quotes and 99% can get five or more, so the initiative seems to have worked.

[Baroness Rawlings (Con) [V]]

I thank the Minister for telling us about the tree strategy, which I was going to ask about and is very important. Is it not also the case that improving drainage structures, even by following the Dutch dyke system, can prevent flooding?

[Lord Goldsmith of Richmond Park (Con) [V]]

My noble friend was, I think, referring to dredging, which certainly can play a part in flood-risk management. However, the truth is that it can also make flooding worse downstream. Over each of the past three years, the EA has spent between £50 million and £55 million to manage the flow in channels. This allows the EA to dredge around 200 kilometres of river channel every year. Where there is evidence that dredging will reduce flood risk without increasing flooding downstream, and where it meets the Government’s criteria and is affordable, we will do it. However, we need to make sure that it is done in the right place; otherwise, we might end up with perverse outcomes.

British Council: English Schools Abroad

Baroness Rawlings Excerpts

Monday 7th July 2014 Lords Chamber

Asked by

[Baroness Rawlings]

To ask Her Majesty’s Government what guidance they have given to the British Council in respect of its staff serving on the governing bodies of English schools abroad; and why British embassies can no longer support schools and other bodies.

[Baroness Rawlings (Con)]

My Lords, I beg leave to ask the Question standing in my name on the Order Paper, and in doing so declare an interest as chairman of the English College in Prague.

[The Senior Minister of State, Department for Communities and Local Government & Foreign and Commonwealth Office (Baroness Warsi) (Con)]

My Lords, the Government have not provided guidance to the British Council regarding staff serving on governing bodies of English schools abroad. The FCO has not instructed its posts to cease support for schools or other bodies. British embassies’ association with local schools will have a historical basis dating from a time when it may not have been possible to open local English-language or British-style schools without such links.

[Baroness Rawlings]

My Lords, I thank the Minister and I am delighted with her response that there is no conflict of interest with English schools abroad. I will relay her Answer to the governing body. I fully understand the Government’s policy of saving taxpayers’ money. Can she reassure the House that the new government policy for only commercial entertainment will not be extended to British schools abroad, when more than a third of our 1,000 students attend British universities?

[Baroness Warsi]

I can confirm to my noble friend that specific guidance was issued by the British Council. I will send her a copy of that guidance, which clearly shows the British Council acted on its own legal advisers’ advice, rather than on any advice of the Government. On British embassies and high commissions abroad serving their communities, I assure my noble friend that a whole host of events are held at high commissions and embassies, many of them with civil society organisations, NGOs and communities. They certainly are not all commercially based.

Ukraine

Baroness Rawlings Excerpts

Tuesday 13th May 2014 Lords Chamber

[Baroness Warsi]

This question has arisen on a number of occasions when we have discussed Ukraine. The noble and gallant Lord will obviously always make a strong case for defence spending. I assure him that in relation to the resources required, certainly to step up the Baltic air-policing mission, the necessary Typhoons were deployed.

[Baroness Rawlings (Con)]

My Lords, the BBC World Service used to broadcast in both Russian and Ukrainian, but these services were cut back with the approval of the Foreign Office. This was based on the argument that the new Russia no longer needed such an effort and that funds should be redirected to the Middle East. Russian and Ukrainian now have only an online offer. In the light of the present situation, will the Foreign Office now allocate some resources for changing this situation fully to support broadcasting to this part of the world, particularly television?

[Baroness Warsi]

My noble friend makes an important point; she knows that this funding was cut back in 2011, and of course matters have changed since then. This matter should be kept under review. The decision made by the BBC will be editorially independent, but in light of how much of this conflict appears to be about a war of words and misinformation we should certainly consider the matter.

BBC World Service

Baroness Rawlings Excerpts

Wednesday 12th March 2014 Lords Chamber

Asked by

[Baroness Rawlings]

To ask Her Majesty’s Government what recent discussions they have had with the BBC regarding future funding for the BBC World Service.

[The Senior Minister of State, Department for Communities and Local Government & Foreign and Commonwealth Office (Baroness Warsi) (Con)]

My Lords, the FCO has regular discussions with the World Service about its future. On 1 April the World Service transfers from FCO grant in aid to licence fee funding. Future funding will be decided by the BBC Trust. DCMS is now in discussion with the BBC about additional external funding proposals. The Government remain fully committed to the global role and work of the World Service.

[Baroness Rawlings (Con)]

My Lords, I thank the Minister for her Answer. Through the BBC World Service many listeners have a faith in the UK’s image, our influence and our beliefs. These qualities should not be lost at any price. Many of your Lordships are not only admirers of the BBC World Service but concerned citizens, despite the warm words that we hear from the noble Lords, Lord Patten and Lord Hall. When will the Government produce the plans and figures with the BBC Trust for future funding for the following three years—that is, before the end of the charter? The BBC World Service has only one year’s guarantee of £245 million, and that is within all the BBC’s budget, with no mechanism to protect the World Service. Can the Minister say whether she will continue to be responsible after 1 April, as the Foreign Secretary will still approve the objectives?

[Baroness Warsi]

My noble friend asks an incredibly important question. She may be aware that we have funding of about £238 million allocated for the current financial year. In the financial year starting in April the BBC World Service licence fee funding will increase to £245 million, an increase on the current year’s funding of about £6 million, and thereafter it will be for the BBC to decide what it feels the appropriate level of funding should be. The Secretary of State for Culture, Media and Sport will continue to have overall responsibility for remitting the licence fee money to the BBC under the new arrangements. As my noble friend said, the current charter runs until December 2016. The Government have yet to announce the scope, timing and process for the review of the charter. In terms of Foreign Office involvement, the Foreign Secretary will continue to approve the opening and closing of the World Service language services, as he does at present, based on recommendations put to him by the World Service.

European Union Bill

Baroness Rawlings Excerpts

Tuesday 26th April 2011 Lords Chamber

[Lord Waddington]

The noble Lord is entirely right, which proves the point that there ought to be referendums in such circumstances to stop Governments behaving in that way.

As I said, some noble Lords say that they are against referendums as a matter of principle, but it is a pathetic argument in the context of the EU. We elect MPs to use the powers that they have inherited. We certainly do not elect them to give those powers away. I find it interesting that all those who go on about being against referendums as a matter of principle turn out to be Europhiles who, at the time of Lisbon, knew that a referendum would result in an emphatic no and would mean a pause in the constant leaching of power from Westminster to Brussels.

Some say that the Bill will make it very difficult for Governments. They may favour a proposal but stop short of embracing it because that would mean a referendum they might lose. That gives me no sleepless nights. It does not frighten me one little bit. The whole trouble is that while most Europhiles protest that they do not want us to lose our independence as a nation, every step we take involving a sacrifice of sovereignty brings us closer to that end. So reluctance by Ministers to sign away any more of our powers would be a very welcome development.

The wording of the first group of amendments supports my assertion that those attacking the Bill do not accept that there is any real problem to be addressed. If in the circumstances listed in Clause 4(1), and not just in the circumstances listed in paragraphs (i) and (j) in this group of amendments, a Minister could argue that the effect of a particular decision on the UK would be insignificant, and you would be giving the Minister far too much wriggle room and far too great an opportunity to avoid a referendum. There could be repeats of what happened over Lisbon rather than the rebuilding of trust that is the object of this exercise.

I cannot for one moment support these amendments, and I fear that almost every amendment on the Marshalled List at present is designed to blunt the instrument that has quite rightly been put before Parliament by this Government.

[Baroness Rawlings]

I am reluctant to intervene at this stage, but I remind noble Lords that the Companion advises that in Committee noble Lords should not make Second Reading speeches but should keep briefly to the amendment concerned.

[Lord Risby]

Listening to the proceedings on the Bill, I was struck by the comments made by the noble Baroness, Lady Williams of Crosby, and the noble Lord, Lord Maclennan of Rogart, who reminded us of the important reasons why we should have a positive relationship with the European Union. I also agree with comment made by the noble Lord, Lord Hannay, that had we been involved at an earlier stage, many of the difficulties that have subsequently arisen could have been dealt with more satisfactorily. As we reflect on the situation today, there has been a breakdown of trust right across the European Union. It is not something that is confined to the United Kingdom, but is found in many parts of the rest of the European Union.

What has happened in this country is that scepticism has grown because of a sense of disconnection between successive Governments and the people. This Bill is designed to define very clearly exactly what the important considerations are for the calling of a referendum to assure people that it is necessary to try to bridge the gap between the attitudes of the people and the sense of failure in our relationship with the European Union. I disagree that having a referendum would not achieve this.

Specifically on the issue of national interest and the question of urgency, as my noble friend said, this gives room for Ministers to make judgments. We have been through this time and time again. We need to be specific in drawing up legislation to give back to people the sense of confidence that they now lack. That is why extending the definition of national interest or urgency in this way would not be satisfactory. After all, something that is urgent could well require some important constitutional consideration. In that sense, I believe that we need to look at these two amendments.

Finally, I return to the point that it is perfectly legitimate for people not to accept the value of referendums, but they are now part of the political culture of this country and of many other countries in the European Union that face this problem. It is hugely important that we narrowly define what is in the Bill to maximise the credibility of this legislation. The amendment does not do that.

--- Later in debate ---

[Lord Kerr of Kinlochard]

That seems likely to be the case. I agree with the noble Lord.

The second argument that the noble Lord, Lord Howell, used was about time. Here I have to say that I warmly welcome the amendment proposed by the noble Lord, Lord Liddle, which brings in the concept of urgency. It seems to me that the situation in which Article 48(6) is likely to be used will be the urgent situation. That is what was in the minds of those who invented the Article 48(6) procedure. The heavy procedure under Article 48(2) to (5)—Clause 2 of our Bill—contains provisions for a convention of representatives of national parliaments and the European Parliament meeting with representatives of the member states. It also contains provisions for doing away with that and concludes with a two-year period for national ratification. These timetable elements, and the reference to the convention, drop out in the accelerated method. The idea of a two-year delay has gone in Article 48(6), just as the convention has gone. People had in mind that there could be crisis situations in which the European Union would need to revise its texts quickly—hence Article 48(6). That makes it a little paradoxical that we are insisting on adding a referendum requirement.

More than that, we are—as the noble Lord, Lord Goodhart, pointed out at the start of our first day—doing something that we have never done in this country before: we are providing for an Act of Parliament to be overruled by a referendum. That is literally unprecedented, and we would be doing it in relation to matters, if they were under Article 48(6), where we had voted in the Council for an urgent change, since nothing can be done other than by unanimity in the Council. Everybody has voted for it; it is sufficiently urgent to justify the accelerated procedure; it goes through the House of Commons and through the House of Lords; but under this Bill it then requires a referendum which could overrule an Act of this Parliament. That is why I think that there is something really dangerous in the Bill, not just in terms of our position in the European Union but in terms of our basic constitutional position in this country. I really do worry about it.

I come back to the amendment tabled by the noble Lord, Lord Liddle. It must be right to introduce the concept of urgency and to make the tests not cumulative. It seems to me that Amendments 16A and 16B deserve our support. However, even if they were included in the Bill, I would still argue that Clause 3 should not stand part of the Bill, because in logic you do not need different procedures depending on how it started over there. The procedures you follow should be decided by the significance of the measure itself.

[Baroness Rawlings]

My Lords, I sense that it is the feeling of the Committee that the Question on Clause 3 stand part should be debated with this grouping of Amendments 16A and 16B, as suggested by the noble Lord, Lord Kerr. I therefore invite the Committee to proceed on that basis.

[Lord Dykes]

My Lords, I think that the Committee generally will very much welcome the Government’s suggestion.