Yemen

Baroness Sheehan Excerpts

Thursday 19th March 2020 Lords Chamber

[Lord Ahmad of Wimbledon]

My Lords, the noble Lord is right to raise that question, but he will also be aware of the desperate situation on the ground. For example, there has been a 70% increase in violence against women since the conflict began, and the issue of documenting such crimes, let alone bringing the perpetrators to justice, is going to be a very tall order. Nevertheless we continue to support the efforts of the UN, including those of the special envoy Martin Griffiths, in this respect. I assure the noble Lord that wherever we have influence, including with those involved directly in the crisis such as the Kingdom of Saudi Arabia, we are seeking to bring that to bear.

[Baroness Sheehan (LD)]

My Lords, can the Minister comment on what appear to be large underspends in DfID programmes in Yemen? I will highlight two, which are both scheduled to end at the end of this month: support for displaced people and migrants, which has a budget of £36 million and a spend to date £22.6 million, and the Yemen multisector humanitarian response programme, which has a budget of £92 million and a spend of just under £80 million. What are the reasons behind this? Can the Minister give the House some indication as to what degree it is our friends and allies—I use those words advisedly—in the Saudi-led coalition who are raising obstacles to aid distribution?

[Lord Ahmad of Wimbledon]

My Lords, as the noble Baroness may well be aware, the major obstacle to aid distribution is in the north of the country; current estimates suggest that 7 million people are affected in that part of Yemen, which is an all-time high. The situation has been exacerbated because that area is controlled by the Houthis. The noble Baroness will be further aware that they have sought to impose a 2% levy on all distribution of humanitarian aid. As Her Majesty’s Government—I am sure she acknowledges this—we are responsible for every penny of aid that is spent. It is important that this is done in a responsible manner. She should not judge the underspend but rather the effective delivery of aid to reach the most vulnerable that we are seeking to secure through UN agencies. The situation is desperate: 80% of the population are in need of humanitarian aid, but the main situation is exacerbated in the north.

Refugee Crisis: Greece and Turkey

Baroness Sheehan Excerpts

Tuesday 10th March 2020 Lords Chamber

[Baroness Sheehan (LD)]

My Lords, the first step to family reunion is to claim asylum. However, the Greek Government have recently decided to suspend all new asylum applications for at least one month. Given that some refugees will want to reunite with family members across Europe, including in the UK, what steps are the Government taking to ensure that children and families may still access their legal right to reunite with loved ones here in the UK?

[Lord Ahmad of Wimbledon]

The noble Baroness will know that the UK has a proud record of helping vulnerable children and has granted protection to more than 41,000 children since 2010. This will remain a priority. I cannot speak for the Greek Government; I can speak for mine. We have a proud record of preventing and supporting unaccompanied minors. That will remain a priority.

Palestinian Territories

Baroness Sheehan Excerpts

Thursday 7th June 2018 Lords Chamber

[Baroness Sheehan (LD)]

My Lords, I will start with violations of the Geneva Convention, the UN Convention on the Rights of the Child and international humanitarian and human rights law by both sides in the Israel-Palestine story.

Let us start with the Israeli Government. Their actions include: the demolition of homes for which planning permission was repeatedly sought but not granted by the Israeli authorities; the demolition of schools; forcible transfers; illegal settlements on occupied land; the forced evacuation of Palestinian villages such as Khan al-Ahmar, which is under daily threat; the confiscation of land in occupied territory; and collective punishment. The Israeli Defence Minister, Avigdor Lieberman, claimed that,

“there are no innocent people in the Gaza Strip”,

which has a population of 2 million.

The Israeli Government have also used live ammunition on civilians, including children and health workers. Recently in Gaza, 128 Palestinians—of whom 15 were children—have been killed and over 13,000 injured, many by tissue and bone-destroying ammunition. Among those killed was Razan al-Najjar, a 21 year-old female carrying out humanitarian duties. She was wearing her first-responder vest. Forty ambulances were also hit. This killing of a health worker was described by Mark Regev as “surgical”. On 2 June, the Minister of State requested “urgent clarification” on the circumstances of the death of the young Palestinian, Razan al-Najjar. Has any clarification been given?

I will continue with my list of violations. There is the blockade of civilian populations. A 2012 UNWRA report found that without radical change, Gaza would be unliveable by 2020—many would say that it is unliveable today. Then there is the imprisonment of children, torture, the denial of clean water and the denial of sanitation development. Save the Children reported that three children drowned in pools of open sewage. Then there is the denial of medical assistance, the detention without trial of Palestinians and the restriction of basic construction materials, which runs counter to international classification of dual-use goods. The Israeli human rights group B’Tselem reports the denial of entry for materials essential for the maintenance and repair of fishing boats. Lastly, there is the imprisonment of conscientious objectors to military service.

Israel is a sovereign state. It has the right to self-defence. But the litany above patently gives a lie to the claim that Israel’s actions can be justified by self-defence. These are the actions of an occupying power, maintaining de facto military control over the occupied territory while brutally subjugating the citizens of the land it occupies.

Let me briefly address forcible transfers. Forcible transfer is a grave offence from an international humanitarian and criminal law perspective, since it amounts to a war crime under both the Geneva Convention and Rome Statute of the International Criminal Court. Let me be clear that the same rules apply on the Palestinian side. However, it would be easier to catalogue abuses if access to Gaza were allowed. Currently, not even MPs can get in.

I ask three things: the Government should recognise the state of Palestine, with no more prevarication; support the UNOCHA humanitarian funding appeal for Gaza and help make up UNWRA’s shortfall since the US’s shameful pulling of support; and, lastly, pursue accountability for all violations of international humanitarian and human rights law, as well as violations of the Geneva Convention and the UN Convention on the Rights of the Child.

Myanmar

Baroness Sheehan Excerpts

Thursday 10th May 2018 Grand Committee

[Baroness Sheehan (LD)]

My Lords, I add my thanks to those expressed to the noble Baroness, Lady Anelay, for introducing this debate on such an important issue. Four minutes is barely time to do justice to the grave injustices that have been meted out to the Rohingya people. However, it is important that details, gross as they are, are recorded in Hansard, just as they are being meticulously documented by those who will hold to account the perpetrators of these heinous crimes, because held to account they must be.

We must suppose that the premeditated and systematic nature of the horrific abuse was calculated to inspire abject terror, and that must strengthen our resolve comprehensively to censure those who had the power to speak out but did not. Does the Minister agree that not only must the generals and their henchmen face the courts, but the lady with moral authority and a holder of the Nobel Peace Prize must answer questions also? Ignorance is something that Aung San Suu Kyi cannot plead.

One of the most sinister moves by the Myanmar authorities is to pull down the shutters: those who have spoken out, however gently, have been punished by being denied access. Ms Yanghee Lee, special rapporteur on the situation of human rights in Myanmar for the Human Rights Council has reported:

“Despite my efforts to remain impartial, I am now declared unwelcome in Myanmar”.


Members of the House of Commons International Development Committee were denied visas to Myanmar this February. One reason given was that individual members of the committee had signed a letter calling for the senior general of the Myanmar army to be held accountable for military behaviour in Rakhine—good on them.

The repatriation process that has started causes great concern. As I understand it—maybe the Minister could confirm whether this is the case—it is being carried out against a backdrop of secrecy. Independent observers, including UN agencies, are still barred from witnessing the treatment of the returnees. What are they returning to? Satellite evidence shows that whole areas that were Rohingya homes have been razed to the ground and replaced with military bases. Continuing reports of brutal violence against minorities in Kachin, Shan, Kayin and other states show that we are not dealing with forces seeking to appease their detractors. Will the Minister state the Government's position on repatriation?

I shall end with a few words about Cox’s Bazar, where the pre-monsoon rains are already throwing up challenges, some unforeseen, such as the conflict of sharing terrain with elephants, but others that were foreseen. In the debate brought by the noble Baroness, Lady Greengross, last month on anti-microbial resistance, I voiced concerns conveyed to me by the Malaria Consortium, of which I am a trustee. The monsoon rains, coupled with the combination of poor sanitation and substandard housing, will provide perfect breeding conditions for malaria-transmitting mosquitoes. The native population of Cox’s Bazar is highly vulnerable to malaria because the people have not been exposed to the disease recently. To compound the problem, the refugees from Myanmar are coming from areas where drug-resistant malaria has been detected. I know that the Minister responding is not a DfID Minister but I hope he will take these comments back to the relevant Minister. DfID is well placed to take action as a world leader in the fight against malaria, so can the Minister reassure me that DfID is alert to the dangers, and is working effectively with the Bangladeshi authorities, who must be commended for their response to this most tragic of man-made crises?

International Development Committee: Burma Visas

Baroness Sheehan Excerpts

Wednesday 28th February 2018 Lords Chamber

[Lord Ahmad of Wimbledon]

My Lords, the noble Lord is aware that I agree with many of the sentiments he has expressed. Let me reassure him and all noble Lords that the Government continue to implore the Burmese authorities, the civilian Government and the military authorities to provide full and unfettered access to all agencies. The noble Lord talked of the United Nations, and we continue to lobby on that. While there has been some progress—for example, the visit of the Special Representative of the Secretary-General on Sexual Violence in Conflict—the access, particularly to Rakhine and northern Rakhine, has been very limited.

I can assure the noble Lord that my right honourable friend the Foreign Secretary remains focused on the issue of Burma. Indeed, he visited Burma recently and made it clear to the civilian authority and to Aung San Suu Kyi in particular, whom he met directly—he has spoken to her a number of times during the conflict since the summer of last year—that it was unacceptable. There is a reality check for the civilian Government. Close to 1 million Rohingya people have moved to Bangladesh since the early times of the conflict over a three-year period and it is time that they returned to Burma, but they can only do so under secure and safe protection, and that is one of the key areas of focus.

I can further assure the noble Lord because only yesterday I was at the Human Rights Council, where I met the Burmese Foreign Minister. I made it clear to him directly that we do not accept the prevailing situation. We will continue to press and to raise this issue both bilaterally and through international fora.

On the issue of DfID aid specifically, I note what the noble Lord has said. However, I am sure he will accept that some of the aid programmes focused on Burma at the moment are delivering real assistance to some of the people who need basic services such as nutrition and water supplies. I know the noble Lord agrees. He raised important issues about capacity building within the context of the Government. It is important that we retain communication lines with the Burmese authorities—the civilian authority in particular.

I can assure all noble Lords that we continue to press the Burmese authorities to ensure access for all humanitarian agencies so that people can continue to receive the aid they need.

[Baroness Sheehan (LD)]

My Lords, the inescapable fact is that the Government of Myanmar have demonstrated yet again that they wish to have unfettered freedom to persecute the Rohingya. They continue to use denial of access to quell criticism, so the International Development Committee can wear with honour the refusal of the Myanmar Government to grant it visas.

Does the Minister agree that the repatriation plan agreed by the Governments of Bangladesh and Myanmar is premature as the conditions are not there for a safe and dignified return? China continues to block resolutions in the Security Council and waters down statements critical of Myanmar’s action. Does the Minister agree that it is time to co-ordinate international action and call for the suspension of the UN veto in cases of hideous mass atrocities such as this?

[Lord Ahmad of Wimbledon]

I totally agree with the noble Baroness on the first point: you cannot have a bilateral agreement which does not guarantee the safe and secure return of the Rohingya community and enshrine their rights within the Burmese constitution.

On her point about China, China needs to look long and hard at the humanitarian crisis prevailing in Burma. Anyone who visits Cox’s Bazar will see that humanitarian tragedy unfolding. We continue to work both bilaterally with China and through the UN Security Council to gather its support so that we see action, particularly from the military authorities in Burma.

Sanctions and Anti-Money Laundering Bill [HL]

Baroness Sheehan Excerpts

Committee: 4th sitting (Hansard): House of Lords
Tuesday 12th December 2017 Lords Chamber

[Baroness Northover (LD)]

My Lords, I support the noble Lord, Lord Collins. I wish to speak also to Amendment 75A, which stands in my name and that of my noble friend Lady Sheehan.

We clearly have an international obligation to agree UN sanctions, which, of course, we play a part in agreeing at the UN. It is when we come to sanctions that do not fall under that heading that we must be especially careful about what we leave simply in the hands of Ministers to decide. The noble Lord, Lord Collins, has made that case. Our Amendment 75A would add Clause 16 to those which must be covered by the affirmative procedure. That surely should be the least that should happen. The noble Lord will have heard the debate on Clause 16. The noble and learned Lord, Lord Judge, described this clause as “lamentable”. It gives the power to a single Minister, by regulation, to create criminal offences for conduct that contravenes laws made by secondary legislation. I am sure that we will come back to this on Report. Our Amendment 75A would place a small check on this power, and I therefore commend it to the Minister.

[Baroness Sheehan (LD)]

My Lords, I wish to speak to Amendment 75A, which is also in my name. I agree with all that the noble Lord, Lord Collins, said. The Bill allows such sweeping powers to future Ministers that we on this side of the House seek to put in place safeguards which will enable Parliament greater scrutiny over the regulations made under Clause 16—namely, that they are made by the affirmative procedure.

Clause 16 is the enforcement clause which includes not only the creation of criminal offences punishable by up to 10 years in prison but makes provision for matters in relation to those offences, including defences and evidentiary matters. The Constitution Select Committee has recommended that Clause 16 should not remain part of the Bill, stating its opinion that such regulation-making powers are constitutionally unacceptable. Indeed, we heard arguments to that effect from the noble and learned Lord, Lord Judge, and my noble friend Lady Bowles on the first day of Committee. I agree with the noble and learned Lord, Lord Judge, that this clause should not disfigure our statute book, as he said. Therefore, this amendment is purely an attempt to create a safety net should Clause 16 remain part of the Bill.

[Lord Hain (Lab)]

My Lords, I added my name to this group of amendments and I support my noble friend Lord Collins in pressing for greater safeguards and extra parliamentary scrutiny, not least because, as I detailed last week in Committee, the banks and London have an appalling record on money laundering—it gives me no great pleasure to say that. We pride ourselves on having one of the best centres of finance in the world, and it is a tremendous source of employment, which is important. However, there is a record of money laundering that simply requires extra parliamentary scrutiny, which is why this group of amendments is so important. That gives me the opportunity briefly, as noble Lords will be relieved to know, to comment on today’s news that HSBC has been relinquished of the penalties that could have applied in the United States of America for similar allegations. That is good news for a British bank that has a global footprint, and for its many employees here in Britain.

I will make two points on this. I caution all our banks which face allegations of money laundering—the Minister may care to comment on this point. Usually, their initial response is to deny it. Then, for example, HSBC, discovered several accounts held by the Gupta brothers, who are South African associates of President Zuma’s family, and it has closed them down, which is welcome. However, we have had a steady stream of allegations against mainly British companies: Bell Pottinger and KPMG, and then McKinsey, which is an American-based company with a presence here. Their initial stance is to deny, then admit, and then apologise. I caution them that with this disease of money laundering it is better not to deny in the first instance.

My second point is to thank the Financial Conduct Authority for the way it has engaged on this issue. I can report to the House that at least one whistleblower who has been supplying me with information from South Africa has engaged directly with the FCA—it has been a positive experience. I say to the financial institutions involved that I named in your Lordships’ House, including HSBC, Standard Chartered and the Bank of Baroda, that if I find that there is any witch-hunting of those responsible, or of the brave, courageous people in the South African governmental system who have also been supplying me with information, I will name the institutions involved and identify the individuals as having suffered that persecution. I say this before your Lordships because it is important that as we take the Bill through we arm it with the instruments necessary to stop this kind of practice.

--- Later in debate ---

[Baroness Northover]

My Lords, Amendment 76 is in my name and that of my noble friend Lady Sheehan. It states that where a statutory instrument that contains regulations under Section 1 repeals, revokes or amends an Act of the Scottish Parliament, a Measure or Act of the National Assembly for Wales, or Northern Ireland legislation, that instrument must have received the consent of the Scottish Parliament, the National Assembly for Wales or the Northern Irish Assembly. I am sure that the Minister will argue that the Sewel convention provides that the Parliament of the United Kingdom,

“would not normally legislate with regard to devolved matters without the consent of the Scottish Parliament”,—[Official Report, 21/7/1998; col. 791.]

but that it does not apply to UK subordinate legislation.

Nevertheless, the new regulation-making powers in the Bill are, as we have heard throughout the Committee stage, very significant. The regulations detailed in Clause 45(5) will enable the Government to amend any Act of the Scottish Parliament and any legislation passed by the Assemblies in Wales and Northern Ireland. I am grateful to the Law Society of Scotland for flagging this up. Once again, this is a wide-ranging power that requires further justification and checks, which is why we have put this amendment forward. When the Minister replies, it would be helpful if he indicated which devolved legislation the Government would envisage amending under regulations made under Clause 1 and, for that matter and perhaps more importantly, which they would not. I beg to move.

[Baroness Sheehan]

My Lords, I support Amendment 76, to which my name is attached. It would amend Clause 45, which lays out the “Parliamentary procedure for regulations”. The amendment gives substance to the recommendation in the eighth report of the Constitution Select Committee which, at the end of paragraph 6, said:

“If it is the Government’s intention that it would, in practice, liaise with the devolved administrations prior to the exercise of this power, such a requirement could be written into the Bill”.


The Government have argued that this power reflects a reciprocity with that which enables Welsh or Scottish Ministers to amend Acts of Parliament. However, reciprocity can be said to operate only where one is comparing similar powers; this is not the case here. Welsh and Scottish legislation can authorise devolved Ministers to amend UK legislation only within devolved competence, whereas UK legislation can authorise UK Ministers to amend enactments of the devolved legislatures irrespective of devolved competence.

I believe this to be a common-sense amendment, one that seeks the consent of the devolved nations before amending any Act passed by the Scottish Parliament and any legislation passed by the Assemblies of Wales and Northern Ireland. Dare I say it, consultation with the devolved nations may save the Government from further embarrassments such as the fiasco with the DUP that we witnessed, open-mouthed, just last week.

[Lord Beith (LD)]

My Lords, I add to my noble friend’s wise reference to the Constitution Committee the fact that the committee also pointed out that there is ample precedent for the sort of amendment that is being discussed here. For example, certain statutory instruments made under the Legislative and Regulatory Reform Act 2006 and the Public Bodies Act 2011 have comparable provisions, and there seems no reason why the committee’s advice should not be taken in this case.

Sanctions and Anti-Money Laundering Bill [HL]

Baroness Sheehan Excerpts

Committee: 2nd sitting (Hansard): House of Lords
Wednesday 29th November 2017 Lords Chamber

[Lord Ahmad of Wimbledon]

Perhaps I was not clear: that was exactly my intention. I do not want to say something from the Dispatch Box that is not accurate, so I will write to the noble and learned Lord on that particular point.

[Baroness Sheehan (LD)]

I am a little intrepid in saying this as I am not a lawyer or a constitutional expert but this seems to be a Bill that, from a layman’s point of view, lets the Government give themselves great powers through the way it designates individuals, connecting persons through descriptions, through definitions of involved people and through clauses that give powers to amend. These include Clause 39, which gives power to amend all of Part 1 so as to authorise additional sanctions, and Clause 44(2), which gives sweeping Henry VIII powers to amend, repeal and revoke amendments and enactments. To me, this seems like Jekyll and Hyde legislation. You think you are getting one thing, yet there is every ability within the proposed Act to change itself into something quite different.

I was quite concerned in last week’s debate, when my noble friend Lady Bowles talked about how Acts could be used for unintended purposes. I recall the case of Maya Evans, who read out the names of 97 British soldiers during the remembrance ceremony at the Cenotaph in 2005. Although it was a very innocuous statement that she was making—she was protesting against Britain being taken into the Iraq war; she felt that it was illegal—she was arrested and was the first person in the UK to be convicted under the Serious Organised Crime and Police Act 2005. Also in the same year—I might embarrass the Labour Benches here—Walter Wolfgang was forcibly removed from the Labour Party conference. Again, he wanted to protest about the Iraq war, and shouted out “Nonsense!” and “That’s a lie!” during a speech made from the conference platform by Jack Straw. He was ejected and was stopped from re-entering the conference hall by a police officer citing the Terrorism Act.

From my point of view as a lay person, I am fully supportive of the well-informed noble Lords here who are leading the charge to make sure that the Bill does what it says on the tin and does not turn into a Jekyll and Hyde Bill.

[Lord Pannick]

Whether I am well informed or not, can the Minister confirm that in his response on Amendment 72 he gave a reassurance to the Committee that these powers would be used only when necessary? That was the word he used on more than one occasion. He will remember an earlier debate we had in this Committee on whether that word should be written into an earlier clause. If with the aid of parliamentary draftsmen “necessary” could be written in to confine the use of that power, it would mitigate substantially my concern about Clause 44(2); I speak only for myself. Perhaps the Minister and the Bill team could reflect on that before Report.

Sanctions and Anti-Money Laundering Bill [HL]

Baroness Sheehan Excerpts

Committee: 1st sitting (Hansard): House of Lords
Tuesday 21st November 2017 Lords Chamber

[Lord Brown of Eaton-under-Heywood (CB)]

My Lords, I had been waiting for the noble Lord, Lord McNally, to speak, so have come in rather later than perhaps I should have. The arguments advanced by the noble Lord, Lord Pannick, and the noble and learned Lord, Lord Judge, are compelling. I would throw one other word into the mix: “expedience”. Under the Bill as drafted, it might be thought appropriate because it is expedient to make a provision, but that is not good enough here. These powers are so draconian that nothing short of necessity alone could justify their exercise. Therefore, I echo what the noble Lord, Lord Faulks, said: unless the Minister can give a convincing illustration of a regulation which is justifiably expedient but short of necessity, we cannot possibly allow the Bill to go forward in its present form.

[Baroness Sheehan (LD)]

My Lords, my name is attached to Amendment 1A. I wish to reinforce what has been said by my noble friend Lady Northover. The regulations that the Minister will have powers to impose through Clause 1 will have far-reaching consequences on “designated persons”, “prescribed persons” and “involved persons”, as affected individuals or entities are variously referred to throughout the Bill. Therefore, it is only right that the power to create a regulation should entail a more onerous thought process than consideration by the “appropriate Minister”. I agree that “compelling reasons” would be a more fitting foundation for making such momentous decisions.

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

My Lords, first, I thank all noble Lords who have spoken in the debate. A small point was made about what I said in my opening remarks at Second Reading about the Bill being technical. Maybe I should defend that by saying that every Bill is technical in some way and perhaps that was what I was alluding to. But I thank the noble Lord, Lord McNally, for whom I have great affection, for highlighting that point, and we live and learn through our experiences at the Dispatch Box and in the House.

As I said at Second Reading, this is a Bill that we need to get right—a point that was acknowledged by all noble Lords who have spoken. I stated that right from the outset, as I do again today, at the start of Committee. That is why I will put on record my immense thanks to noble Lords from all sides of the House who have engaged very constructively on this important Bill. I assure noble Lords that that will continue to be the case as the Bill progresses through your Lordships’ House. I thank all noble Lords—in particular the noble Lord, Lord Lennie—for recognising why we require this legislation.

After we leave the European Union we will need the Bill to ensure that we can continue to impose, amend and lift sanctions, and change our anti-money laundering framework. As noble Lords know, sanctions form part of the range of foreign policy tools that we can use in response to threats such as terrorism to the UK and UK interests. The Government fully recognise that sanctions are not to be used lightly—I assure noble Lords of that fact—and impose significant restrictions on individuals and entities. They should be imposed only after careful consideration of the political context, the desired impact and, of course, the potential risks. The Government also believe strongly that sanctions are a tool for changing unacceptable or threatening behaviour. They should not be used punitively as a substitute for criminal justice measures. A good recent example of the value of sanctions is the way that they encouraged Iran to accept constraints on its nuclear programme.

--- Later in debate ---

[Baroness Northover]

I shall speak also to Amendments 3 and 4 in my name and the other amendments in the group. Amendment 2 once again addresses the wide and poorly defined powers in the Bill. The amendment, which is also in the name of my noble friend Lady Sheehan, would delete Clause 1(2)(d). It is to seek clarification from the Minister how a purpose which includes to,

“further a foreign policy objective of the government of the United Kingdom”,

might be applied. This is something to which the noble Lord, Lord Pannick, and my noble friend Lord Thomas just referred. Remember that we need to read the Bill in the light of it being, as the noble and learned Lord, Lord Judge, said, a bulk buy of regulations.

For example, the Government of the United Kingdom have had a number of foreign policy objectives with which one would not want disagreement to result in sanctions. Thus, for example, might someone risk being sanctioned because they opposed the invasion of Iraq or objected to selling arms to some dubious regime? That might be ridiculed as of course not intended here, but we need to probe the unintended consequences, given the wide scope of the Bill. Given that we know that the Human Rights Act cannot be counted on for protection, as this Government have at times wished to repeal it, and that members of the party opposite have also made it clear that they do not wish to be bound by the European Convention on Human Rights, despite the UK playing a leading role in drafting it, what protection can the Minister offer?

In addressing Amendments 2 and 4 in my name, and that of my noble friend Lady Sheehan, I pay tribute to the work of Amnesty International in briefing us, and for its work around the world. This returns us to seeking to improve the Bill, as we normally do in this House—and the concern here is to include human rights breaches in the definition of purpose in this clause and ensure that the Government have the means to prevent the violation of sanctions regulations. I note that the noble Lord, Lord Collins, has further proposals in this regard. I make it clear that we also feel that they would strengthen the Bill—for example, the amendments that would ensure that sanctions were in compliance with international humanitarian and human rights law and would provide for a humanitarian impact assessment before sanctions were introduced so that their impact can be properly gauged. I am well aware, as a former DfID Minister, of the impact on NGOs working in Syria, for example, in the restrictions on them due to the sanctions regime that was in place.

I look forward to hearing what the Minister says, and I beg to move.

[Baroness Sheehan]

My Lords, I rise to speak to Amendment 3 which, as my noble friend Lady Northover said, adds to the list of purposes for making regulations under Clause 1 to include human rights breaches, as well as prevention of acts contravening the international law on armed conflict and prevention of internal repression in any country. That those purposes are not mentioned is a grave omission and cannot be encompassed in subsection (2)(d), which says that the purpose would,

“further a foreign policy objective of the government of the United Kingdom”.

To give our amendments the force that we as a civilised country intend, they must be spelled out in the Bill. That is the basic thrust of my argument as to why I hope that the Minister will give serious consideration to Amendment 3.

However, on a more technical note, can the Minister give consideration to the fact that there is an unexplained gap between this Bill and the Export Control Act 2002? That Act has a specific section called “Relevant Consequences”, which sets the conditions whereby the Government can act. Clause 1 of the Bill and the relevant consequences of the 2002 Act are aligned with the exception of human rights and international humanitarian law provisions, which are in the 2002 Act but do not feature in the Bill before us. That is a serious omission; trade sanctions and, specifically, arms embargos, are largely triggered because of the humanitarian concerns over the provision of weapons in these cases, and the very serious and grave violations of international humanitarian law that arise as a consequence. The amendments would give powers to the Government to impose sanctions on these grounds and ensure direct consistency on the two Acts when dealing with issues around trade and arms embargos.

Amendment 4, also in my name, would add the provision,

“prevent the violation of sanctions regulations made under this Act”.

That addition may seem unnecessary, but it would give consistency with the corresponding sanctions mechanisms agreed at UN and EU level and would require the Government to take action to prevent breaches of sanctions.

I have another passing point. On the front page of the House of Lords Library briefing to the Bill, a sentence reads:

“The Government agrees that there is a mutual interest in continued collaboration with European partners in this area, and has suggested that the UK and EU could cooperate on sanctions listings and align policy in future where appropriate”.


I have not spotted many government concessions in the Bill to demonstrate the importance of aligning sanctions regimes with those of international partners, so this small amendment would go a little way to meeting the Government’s own stated position of working collaboratively going forward, should Brexit take place.

--- Later in debate ---

[Baroness Northover]

My Lords, I shall speak to Amendment 9, which stands in my name and that of my noble friend Lady Sheehan, and I support the amendment in the names of the noble Lords, Lord Collins and Lord Lennie.

The Minister made clear at Second Reading and in our discussions—I welcome this—that he is open to the possibility of trying to ensure that NGOs working in humanitarian disaster areas and very challenging situations have greater assistance in doing their work when sanctions get in their way. As I just mentioned, I recall from my work as a DfID Minister that sanctions could have a significant impact on the work of NGOs when they sought to assist in Syria.

As the noble Lord, Lord, Collins, pointed out, it is essential that we review current and future sanctions so that we can identify any disproportionate impacts. I know that was the case in Syria, where there were different arrangements for our NGOs compared with those for American NGOs, for example. We need to be able to assess the impact of sanctions and make adjustments accordingly. Therefore, our Amendment 9 speaks of consultation with stakeholders, who are obviously in a very good position to inform the Government of any unintended consequences, so that those consequences can be addressed.

Our amendment is a probing one. As I said, the Minister has said that he is open to ensuring that licences for NGOs are more fit for purpose than has been the case in the past. We are seeking to move the Minister further along that line so that that is not just a possibility but is put in a more concrete form and more specifically, so that we can see the changes that the noble Lord, Lord Collins, and I have outlined.

[Baroness Sheehan]

My Lords, Amendment 9 is broad enough to cover a range of activities—not just humanitarian assistance but peacebuilding, reconstruction and development assistance. It would also enable a range of stakeholders—for example, banks, businesses that supply goods or services in sanctioned countries and other experts—to be included in any discussions.

Consultation is very important as it will reduce unintended consequences for diplomats, aid workers and others. For example, a British diplomat was prevented from getting a mortgage because his bank found out that he lived in Sudan. Sanctions that are badly applied or inappropriate can give banks and international companies a reason to be risk-averse, reducing the availability of services to poor and vulnerable people or countries. For example, in 2011 Standard Chartered Bank received a large fine for breaching Iranian sanctions. That led to all banks becoming more risk-averse to the point where they now overimplement the sanction where the value of the market is not worth the risk. Therefore, even if the activity they are carrying out is excluded, they will often choose to avoid the market altogether. Another example is Somalia, where Barclays closed the accounts of small money transfer companies used by the Somali diaspora to send money home. We all know how important these remittances are these days. Perhaps with consultation those problems could be avoided.

It is very important that any potential impact of a new sanctions regime is properly understood and documented. As well as the other factors that I have mentioned, this would also reduce the lag time between sanctions coming into effect and licences or exemptions being provided to mitigate their impact.

[Lord Hylton (CB)]

My Lords, I follow on very much from what the noble Baroness, Lady Sheehan, has just said. I am old enough to remember the sanctions against Southern Rhodesia. More recently, there were atrocious humanitarian consequences when sanctions were imposed against Saddam Hussein’s regime in Iraq. I think Sudan and South Sudan were mentioned. If they were not, I do so now. There are also the current sanctions against Syria. Therefore, these amendments are very practical; they are not just theoretical. On those grounds, I urge the Government to take them very seriously.

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[Lord Judge]

If noble Lords will allow me, I forgot to draw attention to what the Constitution Committee had to say about this clause at paragraph 18, where it expresses concern about the,

“breadth of the power conferred on ministers”.

I thank noble Lords for letting me have a second go.

[Baroness Sheehan]

I will speak to Amendments 19, 22 and 30 tabled in my name and that of my noble friend Lady Northover. Amendments 19 and 22 are probing amendments in relation to disqualified aircraft and shipping sanctions to learn what,

“persons connected with a prescribed country”,

means in both cases. As it stands, the phrasing will cause a great deal of uncertainty about who is connected with a prescribed country. I was born in Pakistan. If Pakistan falls foul of a sanctions regime, I would be uncertain as to what my status might be. The description is too wide and will cause much confusion that will not benefit anyone. It could well stop vulnerable people who may be in danger of violence from getting to safety.

[Lord Lennie]

My Lords, I reassure the noble and learned Lord, Lord Judge, that his grandchildren will probably be safe for some years because I do not think that sanctions on Malta are likely. However, were they ever to be so, his grandchildren would be at some risk. That is the point he is making in the amendment.

I do not know whether it is by intention, but the provision is very wide-ranging indeed in its application. Such a catch-all approach can be helpful in some circumstances. While it can gather in all that needs to be gathered in for sanction, it is extremely rough justice for those who are unknowingly, unwittingly and unfairly caught by it. I shall complete the quotation from the Constitution Committee report referred to by the noble and learned Lord, Lord Judge. The report stated:

“The House may wish to consider whether it is appropriate for ministers to enjoy such a broad power, which is not confined to persons who have committed acts of misconduct or who have a personal responsibility for the policy of a repressive state or who have a particular status in that state”.


It would be everyone connected with that state—even the grandchildren of the noble and learned Lord. We support the amendment.

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Moved by

[Baroness Sheehan]

15: Clause 2, page 3, line 39, at end insert—
“( ) striking off from the register of companies a designated person, or a person (other than an individual) owned or controlled by a designated person;( ) closing down a designated person, or a person (other than an individual) owned or controlled by a designated person.”

[Baroness Sheehan]

My Lords, I will also speak to Amendments 46 and 78.

There is a lack of specific instruction that the Government can dissolve or close down companies in cases of violations or sanctions regulations made under the Bill. The amendments would rectify that omission. It must be made clear that the Government have the power to prevent trading or any other business activity by company structures. That is key to ensuring, for example, that action against shell companies brokering arms is captured in the Bill.

Consider a recent case: S-Profit Ltd v South Sudan. The UK-registered shell company, set up by a Ukrainian, was used to broker arms, in violation of sanctions, in a deal worth $44 million. A company can be set up in the UK in a matter of hours for just £12. HMRC has acknowledged—there are numerous other examples—that it cannot prosecute such brass-plate and shell companies under existing law where the burden of proof is criminal standards of evidence. That is impossible to get because such companies have a limited physical presence in the UK and little hard evidence can be gathered.

That case, highlighted by Amnesty International, starkly illustrates the current loophole and legal vacuum that allows companies posing as reputable UK corporate entities to supply arms to some of the most dangerous places and actors in the world. The lower burden of proof suggested in the Bill before us—a reasonable knowledge test—would give the means to use sanction powers to take action against such shell companies and crack down on illicit arms brokering. The amendments would give enforcers powers to wind up such companies and disqualify their directors.

Furthermore, reasonable knowledge is the threshold used in existing sanctions regimes in both the EU and UN. That is why it has been replicated in the UK, so that we can have legal powers to mirror and enforce our international obligations in this area. However, there must be at least a due process mechanism to allow a right of reply, or an appeal process to challenge decisions and overturn them. This amendment would add additional tools to improve controls over the arms trade and arms-brokering activities, which would be welcome.

I will speak briefly to Amendment 78. Currently, companies can be wound up by the Insolvency Service relatively easily for corporate abuses such as non-reporting, but they can also be wound up on the ground of public interest under Section 124A of the Insolvency Act 1986. However, the sanctions regime and these powers are not used together. It would make sense for brass-plate companies known to the Government to be in breach of sanctions to be wound up using these powers. Now that BEIS’s criminal enforcement team has been transferred into the Insolvency Service it also has the ability to prosecute. It would therefore make sense for the two to be linked for enforcement purposes. This amendment would have that effect.

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[Lord Ahmad of Wimbledon]

My Lords, I am grateful for noble Lords seeking to strengthen the hand of the Minister at the Dispatch Box. I made specific note of that. I understand the reasons for wanting to go down the route of closing down designated companies and companies belonging to a designated person. However, the proposal contained in Amendments 15 and 46, and the supporting proposals in Amendments 78, 79 and 80, raise some concerns and illustrate why it may not be appropriate to accept them.

I remind noble Lords that the Bill aims to put in place the necessary powers to replicate the sanctions regimes that we currently implement as a member state of the European Union and, of course, those we are obligated to implement internationally through the UN. These amendments would go over and above the regimes and the type of sanction that the EU has put in place. It is essentially a new type of sanction and, as such, I urge a degree of caution in approaching this.

Clause 2 is about freezing assets of designated persons and preventing access to the UK’s financial markets. It is not about causing companies to cease to exist. Sanctions are intended to be temporary. That is why we have various reviews of sanction regimes set up and why they are reviewed periodically: their whole essence is to ensure that the target has changed behaviour in the desired manner. Once this change in behaviour has been achieved, sanctions may well be lifted. We do not intend to impose permanent measures that cannot be reversed. I suggest that shutting down a company is pretty irreversible.

This would be a unique power that does not exist at the United Nations or with EU sanctions. Sanctions have always been and will continue to be most effective when implemented multilaterally and with maximum consistency. Before implementing a new type of sanction, we would usually discuss with our partners whether it is effective and whether there is any appetite for it to be taken forward multilaterally. Only in very rare cases would we unilaterally introduce a new type of sanction that has effect within the UK’s jurisdiction only. Unilateral sanctions provisions such as this could also have an uncertain effect and could create difficulties for industry in general.

Dissolving a corporate entity is a permanent measure with far-reaching effects. It would also have an impact on the human rights of the people involved. Dissolving a company owned by a designated person would remove their property. Doing so without compensation would leave the Government open to a potential action for damages by a person alleging breach of their human right to ownership of their property. It is also uncertain where the property owned by the company would go and what effect this would have on the property rights of anybody involved. Accordingly, to do so may be in breach of the human rights convention.

When a company is designated under financial sanctions they will not be able to trade—that is clear—with any person connected to the UK or to any other countries that have joined us in the multilateral sanctions. We therefore feel that these measures are sufficient to ensure that the effects of the financial sanctions are maximised.

The noble Baroness, Lady Sheehan, gave a specific example about actions we can take against shell companies that, in her words, may be involved in illicit arms trading. If the arms trade is a breach of trade sanctions we will of course prosecute these companies and their directors for criminal offences using powers in the Bill and the export control order 2000, which she referred to previously.

Given my explanation, the importance of the intent, the fact that we would be creating a totally new type of sanction here and in the context of this not being something that either the UN or the EU currently designate, I hope the noble Baroness will be minded to withdraw the amendment.

[Baroness Sheehan]

I thank the Minister for his reply. He said quite a lot about how we may diverge from the EU, but as I thought Brexit was about diverging from the EU and taking back control, I thought he might have welcomed the powers these amendments would confer on him.

[Lord Ahmad of Wimbledon]

Am I to take it that the Liberal Benches are now suggesting that that is exactly what the Government should be doing?

[Baroness Sheehan]

I am suggesting that the Liberal Benches might wish to take advantage of what the Government have been proposing when it suits our ends. This is such an important issue. We are presented with an opportunity in the Bill to do something about the illicit arms trade and arms brokering. It is a real stain on the UK that so much of that trade is facilitated here. Although I will withdraw the amendment for now, I reserve the right to come back to this issue at a later stage.

Amendment 15 withdrawn.

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[Baroness Northover]

My Lords, I found reading this Bill enormously instructive. I am no lawyer, but I nevertheless found myself wondering at many points about the possible unintended consequences of what was in it. Clause 8, along with various other clauses, seemed to me rather full of such potential unintended consequences, so I want to know from the Minister what protections are being put around the mass of regulations to which the noble and learned Lord, Lord Judge, referred in the first group of amendments. Here the Bill specifies,

“persons designated under any power contained in the regulations”,

which we know are very widely drawn. That causes me concern. It goes on to talk about,

“any organisation and any association or combination of persons”.

It struck me as I read this provision that it was enormously widely drawn. If we are seeking to check the abuse of power, how does this wide definition fit in?

I also support the amendments of the noble Lords, Lord Collins and Lord Lennie, in this group. They have rightly picked up on the point that regulation “must” make provision in certain areas, as opposed to simply “may”, which again is very widely drawn. I am seeking from the Minister an explanation of what protections there are in relation to Clause 8.

[Baroness Sheehan]

I have only a short sentence to say on this. Clause 8, on “Designated persons” is so widely drawn that it occurs to me that in a prescribed country anyone who is not a designated person will doubtless be a refugee.

[Lord Lennie]

Amendments 33 and 34 concern Clause 10. Where Clause 10(6) says:

“The regulations may make provision, for the purposes of the regulations, as to the meaning of a person’s”,


we want to replace the word “may” with “must”. We also want to add a final subsection to the end of the clause, as follows:

“( ) The regulations must make provision for the notification of persons designated under subsection (3)(b) to (d), and such notifications must state, to the fullest possible extent consistent with the purpose of the regulations … which person or persons the designation has been made in connection with, and … the nature of the connection identified for the purposes of the designation”.


It is a question, if you are going to designate, of identifying who the person is associated with and what are the reasons for associating with them.

The regulations must make provision for the notification of persons designated on the grounds of indirect involvement in prohibited activities, including the requirement to inform such persons of the specific nature of any activities or other persons they have been designated in connection with. I am not sure how they are to know unless they are advised as to what it is and who it is they have been designated for associating with.

Sanctions and Anti-Money Laundering Bill [HL]

Baroness Sheehan Excerpts

2nd reading (Hansard): House of Lords
Wednesday 1st November 2017 Lords Chamber

[Baroness Sheehan (LD)]

My Lords, my opening remarks will echo those of my noble friend Lord McNally and the noble and learned Lord, Lord Judge—but much less eloquently, I fear. Two years ago last week was an eventful time in your Lordships’ House. The day of 26 October 2015 was remarkable not just because it saw the introduction into your Lordships’ House of the first lady Bishop in history, which caused the House very unusually to erupt in applause, but because it was marked by the controversial vote to delay tax credit cuts in order to protect the poor, which the Government lost. I should also say that the day is indelibly ingrained in my memory because it was when I, too, was introduced into your Lordships’ House. I had not expected such excitement here.

Upon losing the vote on tax credit cuts, the Prime Minister accused Peers of breaking a constitutional convention. Noble Lords will recall that a rapid review was set up to find ways to ensure that financial measures cannot be overturned by the House of Lords. Those who voted against the Government argued that that viewpoint was nonsensical because the tax credits were being introduced through a statutory instrument and had not been declared a formal financial measure. The review was asked to look at ways of guaranteeing that statutory instruments cannot be overturned by Peers, who have done so on only five occasions.

We were told that this presented no less than a constitutional crisis—all caused by controversy over one statutory instrument. I fear that we are in for many such crises, as many similar controversial measures are coming down the line.

We have before us a Bill that threatens to overturn certainly my admittedly meagre understanding of how we, in this mother of all Parliaments, have operated for centuries. It drives a coach and horses through previous practice and risks reducing our elected representatives and noble Lords to mere spectators. We are told that it is an enabling Bill. My fear is that it will enable precedents that will diminish democracy and hand over too great a power to the Executive. It begs the question: who is taking back control and what relationship does that control bear to parliamentary sovereignty?

The Bill in this respect is deeply flawed. As we have heard, many safeguards that should appear in it are missing. Nevertheless, it is before us. My focus on it will primarily reflect my role as my party’s spokesperson for international development. I will restrict my remarks accordingly.

The case for ensuring that the sanctions regime is replicated meaningfully and strengthened was well made by the noble Baroness, Lady Anelay, and the noble Lord, Lord Hain. I would like to see a Bill that explicitly gives the Government flexibility and legal powers to permit NGOs and charities to deliver humanitarian, development and peacebuilding activities through general exemptions, permissions and licences so that they are not prevented from doing their work. Essentially, we want them to be able to buy petrol and mobile phones, access banks et cetera, and to ensure that their work is not hindered.

I will add my voice on the issue of how we can use the anti-money laundering part of the Bill at the outset to deliver on the UK’s commitment to introduce a register of the beneficial owners of UK property. I, too, have benefited from the very useful briefing from Transparency International. At the 2016 anti-corruption summit in London, led by the then Prime Minister David Cameron, the UK Government committed to introducing legislation by April 2018 that would bring greater transparency to the housing market by requiring overseas companies owning property here to declare publicly their beneficial owners. This has wide support and the Government should take the opportunity to deliver on that commitment.

Developing countries are often accused of corruption—the noble Lord, Lord Hain, gave us a graphic example—but we must acknowledge that corrupt leaders would soon be out of business if they did not have laundry facilities. We have been a laundry and facilitated those options for long enough. Let us use this Bill to end corrupt practices that divert billions of pounds from the poorest people on the planet. The Bill presents an opportunity that will not come again any time soon.

Hurricane Irma

Baroness Sheehan Excerpts

Tuesday 12th September 2017 Lords Chamber

[Lord Ahmad of Wimbledon]

The noble Lord is right to raise that issue. I acknowledge, and I am thankful that he accepts, the principle that some basic needs—food, water or power supply—have been addressed. I will give him a specific example to illustrate what has been done. On Anguilla, which was one of the territories affected, the first issue was about getting specific aid in terms of water and food. RFA “Mounts Bay” got the airfield up, which has allowed further access, and six tonnes of aid got through. As I indicated earlier, “Mounts Bay” returned yesterday to Anguilla for the next stage and provided building materials for essential repairs.

The noble Lord will be aware that in the Caribbean bank for reconstruction there was £300 million prior to this, all to do with infrastructure spending. Of course, we have already started the medium and long-term planning across Whitehall, looking at what options are available to ensure that as soon as we get out of the immediate emergency phase we can talk about the important element of rebuilding these communities.

[Baroness Sheehan (LD)]

My Lords, the figures for the death tolls that we have been given for both the British Overseas Territories and the Commonwealth island of Barbuda seem, mercifully, to be low. However, there are media reports which suggest that many people remain unaccounted for. I wonder whether the Minister has any indication yet of how many people remain missing and, if not, when does he expect to receive that figure?

I also ask the Minister about the 997 British military personnel that he mentioned were in the Caribbean. How many are on each of the British Overseas Territories affected by Hurricane Irma—Anguilla, British Virgin Islands, and Turks and Caicos? How many are present on the Commonwealth island of Barbuda where, in the words of the Statement, “infrastructure no longer exists”?

[Lord Ahmad of Wimbledon]

I can give a few facts, but in the interests of time I will write to the noble Baroness with a complete answer. In the BVI, current staffing is 120 troops, which includes engineers, medics and marines. Sixteen police officers, with co-ordination from the Cayman Islands, are working with the local police—we heard earlier about the issue with the prison and the law and order situation, which is a priority. Specialist FCO staff have also provided direct and additional support to the governor in terms of the consular support. In Anguilla, there is immediate staffing of 15 military personnel; nine police officers and two FCO staff have arrived with kit, including building supplies to repair the hospital. Regarding other territories and questions, in the interests of time I will write to the noble Baroness, if I may.