Chagos Islands

Baroness Whitaker Excerpts

Thursday 14th November 2024 Lords Chamber

[Baroness Chapman of Darlington (Lab)]

My understanding is that the process will be the usual one for agreeing these treaties. We need to be careful about the use of the word “consultation”, because there will be an opportunity to listen to the views of Chagossian communities and to understand that there is more than one view among them about this deal. It would be wrong to give the impression that there would be an opportunity to have a treaty changed in light of Chagossian voices. We can all have a view on that, and some of us might wish that it could be otherwise, but when we are dealing with a matter of security like this in the Indian Ocean, and with a treaty between two Governments, it is far better if we are up front and honest about what will be possible during that process.

[Baroness Whitaker (Lab)]

My Lords, is this not something of a trumped-up objection on the part of the Opposition? Does my noble friend agree that the previous Government never questioned the legitimacy of Mauritius’s eventual sovereignty over the Chagos Islands, very many years ago and internationally confirmed? Does she further agree that the majority of Chagossians do agree with this, and that all Chagossians are now being consulted by the Government? But can she say whether our Government are also discussing the resettlement plans with Mauritius?

British Indian Ocean Territory: Negotiations

Baroness Whitaker Excerpts

Wednesday 9th October 2024 Lords Chamber

[Baroness Chapman of Darlington (Lab)]

I did not say that we would not disclose what we are putting in the fund for Chagossian resettlement; I said that the Foreign Secretary will make a more detailed statement at the time that the treaty is signed. We do not disclose the costs of basing overseas. We do not, and I do not think other nations do, either. We are very clear about that. We do disclose some of the associated costs; the noble Lord, Lord Callanan, mistakenly tried to make an equivalence between the two, but we will not be disclosing the costs of basing.

[Baroness Whitaker (Lab)]

When James Cleverly announced the Conservative Government’s policy of negotiations with Mauritius, one outlying MP, who has since lost his seat, under the banner of the anxiety of a small group among all other Chagossians, asserted that colonial ownership of the so-called British Indian Ocean Territory was better than the decision of concerted international and much British opinion on the rights of this long-running injustice. The agreement preserves the long-standing UK/US base on Diego Garcia. Do the Opposition not want that to be funded? It is mysterious to me why, all of a sudden, this furore has erupted.

[Baroness Chapman of Darlington (Lab)]

The noble Baroness puts it very well and I think she does know why this furore may have erupted. I have said all I need to say about my views on that.

British Indian Ocean Territory

Baroness Whitaker Excerpts

Tuesday 8th October 2024 Lords Chamber

[Baroness Chapman of Darlington (Lab)]

Noble Lords may or may not be aware that there is no single Chagossian voice on these issues; Chagossians live here in the UK, but many also live in Mauritius itself and in the Seychelles. The treaty will come before both Houses in the usual way, and there will be amendable primary legislation alongside it that will deal with some of the changes we need to make to the law in order to ratify the treaty.

[Baroness Whitaker (Lab)]

My Lords, I congratulate my noble friend on solving this issue, which was handled appallingly for many years during the last Government, and which has rightly been applauded by all the American players. First, will she confirm that the Government of Mauritius, one of the African democracies, have never shown any interest in an alliance with China, least of all over anything like this? Secondly, will the question of the right of the Chagossians not only to return, which is enormously welcomed by them, but to live on the outer islands remain on the table for discussion with the Americans so that, in due course, a resolution to that problem can be made?

[Baroness Chapman of Darlington (Lab)]

The agreement, which noble Lords will be able to look at in detail in the treaty, will allow for Chagossians to return to the outer islands. There has been a lot of old nonsense spoken about China in relation to Mauritius. Mauritius is one of only two African countries that do not take part in belt and road. It is a member of the Commonwealth and a close ally of India.

Israel and Hamas: Humanitarian Pause

Baroness Whitaker Excerpts

Wednesday 29th November 2023 Lords Chamber

[Lord Benyon (Con)]

This is a matter to be settled in the region. Countries such as ours can be involved, and we are involved at a high level, particularly with negotiations on the hostages. I entirely agree with the noble Lord: Hamas is a terrorist organisation, and the horrendous attacks it perpetrated on 7 October cannot be seen as anything other than a brutal terrorist atrocity.

[Baroness Whitaker (Lab)]

My Lords, there have been reports of women and girls being violently raped by Hamas terrorists, but I have seen no reflection of this in UN reports or actions. Does the Minister agree with me that, since rape is a war crime, this should be reflected in the UN’s understanding of the situation?

[Lord Benyon (Con)]

We have very strong views where actions such as rape and torture are used to perpetrate conflict in any form whatever. I entirely agree with the noble Baroness that this matter should be investigated further and the people responsible should be held to account. We really want to ensure that the vast number of people who are affected by, and are innocent parties to, this conflict can receive the humanitarian aid they deserve.

Mr Jagtar Singh Johal

Baroness Whitaker Excerpts

Tuesday 12th September 2023 Lords Chamber

[Lord Ahmad of Wimbledon (Con)]

My Lords, I assure the noble Lord that we raised Mr Johal’s case. We have a wide-ranging relationship with India, and in that regard we have a very constructive dialogue, including, as I have raised directly on a number of occasions, on a wide range of human rights issues. I am sorry, but I do not subscribe to the noble Lord’s description of either India or the Prime Minister of India. I declare an interest as someone who has Indian heritage and is Muslim by faith.

[Baroness Whitaker (Lab)]

My Lords, did the Prime Minister, and indeed the noble Lord the Minister, ask for Mr Jagtar Singh Johal’s release? What actions did they ask the Indian Prime Minister to take?

[Lord Ahmad of Wimbledon (Con)]

As I said in my Answer, we raised the specifics of the allegations that Mr Johal’s family have raised with us directly. We engage with Mr Johal directly through our consular support. We do not believe that publicly asking for his release would be productive or constructive. There is a natural process and a legal process to be followed in India. However, we are raising allegations of mistreatment when they are made. We are also working on ensuring that the family can directly access Mr Johal. Indeed, I visited Scotland only last month, where I met directly with Mr Johal’s father, his wife and his brother.

International Anti-corruption Court

Baroness Whitaker Excerpts

Thursday 6th July 2023 Lords Chamber

[Lord Ahmad of Wimbledon (Con)]

My Lords, I assure my noble friend that we are. For example, there is a UN instrument of which we have been very supportive; it needs to be further strengthened, and we are working with key partners in the UN context to ensure that. I know of my noble friend’s interest in the Commonwealth; we are also looking at aiding and funding support structures in the Commonwealth. Going back to the previous question, a particular focus on Africa is a key part of our work in this respect.

[Baroness Whitaker (Lab)]

My Lords, I declare an interest as a former member of Transparency International UK’s council, and that my daughter works in this field. I put it to the Minister that a recent survey showed that 70% of those recently polled across the G7 and BRICS countries—whose populations account for the majority of the world—support the establishment of an international anti-corruption court to deal with cases that national Governments and their tribunals either will not or cannot handle. Could not the Minister, whose approach to this is welcome, use this fact to persuade his own officials that this is really worth backing?

[Lord Ahmad of Wimbledon (Con)]

My Lords, if I may be clear, the noble Baroness talks of the majority of the world’s population, but obviously the G7 does not include countries such as India. We remain focused on ensuring that we work with Governments to tackle issues of corruption. On the particular point that the noble Baroness raises, I too know of the vital work that institutions such as Transparency International, and the FCDO works very closely with them. Such bodies do inform our decisions but, as I said, we have considered this with other partners, including 40 other countries, and setting up a new international structure at this time is not something that has been supported. It needs that level of broad support. It does not mean it is totally off the table; it means that we continue to work in a co-ordinated fashion on some of the instruments that I have already highlighted. As I am sure the noble Baroness will accept, we are seeing real delivery and real results in terms of the seizure of assets and penalties imposed on those who commit these crimes.

Iran: Execution of Protesters

Baroness Whitaker Excerpts

Monday 12th December 2022 Lords Chamber

[Lord Goldsmith of Richmond Park (Con)]

My noble friend makes an important and powerful point. It is not for me to discuss the proscription of individual cases. My colleagues in the Foreign Office will have heard what he had to say, which echoes what many others in this place have said on various occasions. In relation to the vote coming up in the next few days, I assure him that we will be voting the right way.

[Baroness Whitaker (Lab)]

My Lords, although these executions are an outrage, they are not the only judicial outrage perpetrated by the Government of Iran. Will His Majesty’s Government pursue the injustice of extending the sentence of the longest-serving prisoners of conscience in the world—Fariba Kamalabadi and Mahvash Sabet, two women of the Baha’i faith, aged 60 and 69—for nothing other than professing their religion?

[Lord Goldsmith of Richmond Park (Con)]

My Lords, the Iranian regime has a long, dark record of persecution—not just of religious minorities but of the LGBT community and, as has already been discussed, anyone who stands up to the regime in any way. The atrocities which the noble Baroness has just referenced are par for the course for a regime which is beyond the pale in its actions towards anyone not part of the mainstream establishment within Iran.

Environment Bill

Baroness Whitaker Excerpts

Wednesday 15th September 2021 Lords Chamber

[Baroness Boycott (CB)]

My Lords, I am very pleased to support this amendment. It is very late so I want to say that this would become the fifth offence that the ICC would prosecute. I will quote the words of my friend Philippe Sands, who has co-chaired the panel. He says:

“The four other crimes all focus exclusively on the wellbeing of human beings. This one of course does that but it introduces a new non-anthropocentric approach, namely putting the environment at the heart of international law, and so that is original and innovative.


For me the single most important thing about this initiative is that it’s part of that broader process of changing public consciousness, recognising that we are in a relationship with our environment, we are dependent for our wellbeing on the wellbeing of the environment and that we have to use various instruments, political, diplomatic but also legal to achieve the protection of the environment.”


I certainly believe that it sits alongside the other four crimes because the environment takes life, takes livelihoods and takes away our future.

[Baroness Whitaker (Lab)]

My Lords, it is late and I have little to add to the excellent introduction to Amendment 126 from the noble Baroness, Lady Bennett of Manor Castle, and the important perceptions of the noble Baroness, Lady Boycott. The noble Lord, Lord Goldsmith, did not give the impression of having any substantive objection to the proposal when it was mooted in Committee, just that there was no international consensus for it when it was last discussed, when the ICC was created. First, the world has moved on since then, and we are all more aware of the immense importance of biodiversity in averting the worst effects of climate change.

Secondly, we have very good diplomats, whose job is to build consensus. They should be tasked to make a start on this case. We need to make a good showing at Glasgow, do we not? A start on the process of securing agreement to this provision would give us a leading position.

Lastly, I see from the very good briefing provided by Peers for the Planet that my late husband is credited with supporting this idea, in 1985. I am not sure that he confided this to me at the time, but it is a poignant and happy reminder of how much we agreed on. I am proud to continue in the family tradition.

[Lord Thomas of Gresford (LD)]

My Lords, I am very grateful to the noble Baroness, Lady Bennett, and other noble Lords who signed this amendment, for bringing forward the interesting concept of ecocide. I am sorry that I missed the debate in Committee.

It was the use by the United States of Agent Orange as a means of destroying the Viet Cong’s forest cover in northern Vietnam, Cambodia and Laos which brought to the attention of the international community the devastating environmental harm that it causes and the ensuing refugee crisis. When Saddam Hussein burned 600 Kuwaiti oil wells, the resultant atmospheric pollution spread as far as the Himalayas and caused a severe threat to the surrounding fragile desert ecosystem. There have been many other examples of armed conflict causing environmental destruction.

The Rome Statute of the International Criminal Court deals with the four core crimes: genocide, crimes against humanity, war crimes and the crime of aggression. Article 8(2)(b)(iv) of the statute specifies that, within the scope of international armed conflict, the following actions could constitute a war crime:

“Intentionally launching an attack in the knowledge that such attack will cause … widespread, long-term and severe damage to the … environment which would be clearly excessive in relation to the concrete and direct overall military advantage anticipated”.


As part of the review of the genocide convention in 1973, a draft international convention on the crime of ecocide was prepared for UN consideration by Professor Richard Falk. He outlined an offence, including the use of chemical herbicides to defoliate and deforest natural forests for military purposes and the use of bulldozing equipment to destroy large tracts of forest or crop-land. This was all within the concept of military conflict. Of course, it is a precondition of a war crime that there is a war, or at least armed conflict, and that there is a commander who can be made responsible for his conduct. This amendment might be appropriately considered as a military offence in the Armed Forces Bill currently before the House. But I suspect that the noble Baroness is more ambitious and would wish to include in her definition of ecocide deliberate destruction of the environment outside a war setting.

The problem then becomes twofold. What is the actus reus and what is the mens rea? If President Bolsonaro were to decide, as a matter of policy, to destroy the rainforest to increase open grazing land for cattle, he does not do so merely out of a malign desire to destroy but with the intention of increasing the economic prosperity of his country. He may be right, or he may be completely mistaken, but has he caused widespread, long-term and severe damage to the environment which is clearly excessive in relation to the economic advantage anticipated? Would a court question his political decision?

To bring the matter nearer to home, if Prime Minister Boris Johnson or Nicola Sturgeon were to agree to the exploitation of the new Shetland oil field, many would argue, including me, that it would do immense damage to the environment and contribute significantly to climate change. Even if the members of the International Criminal Court agreed with that assessment, they are hardly likely to lock up the Prime Minister or the First Minister of Scotland.

Rachel Killean, of Queen’s University Belfast, has thoughtfully gone in a different direction. She seeks to develop the concept of a separate chamber of the ICC with a jurisdiction to deal with environmental destruction. She believes in “‘greening’ the Rome Statute” and argues that

“the reparation framework adopted by the International Criminal Court”

for war crimes—the payment of compensation—

“offers an opportunity to … respond to environmental destruction”.

She postulates that the court could have jurisdiction in respect of states as well as individual politicians, and could award

“reparations that explicitly recognise the harm caused by environmental destruction”.

It would be difficult to expand the jurisdiction of the court from its existing concern with genocide and war crimes—

Environment Bill

Baroness Whitaker Excerpts

Committee stage
Wednesday 14th July 2021 Lords Chamber

[Baroness Fox of Buckley (Non-Afl)]

My Lords, I was actually disappointed—but perhaps not surprised—to see this amendment tabled by the noble Baroness, Lady Bennett of Manor Castle. For some time, I have been following the way in which “ecocide” has become a fashionable term to hype up human engagement with nature in a wholly negative way. I am not as familiar as the noble Baroness is with the legal definitions that she explained, but I feel that “ecocide” is an especially emotive word cynically designed to invoke thoughts of evil genocide. It implies that our relationship with nature and the different ways in which we interact with the environment are as heinous, deliberate and destructive as the Holocaust—which, to be frank, I find distasteful.

The term I am more familiar with is on the level of cultural discussion and the way in which the term “ecocide” has been used to criminalise, even if metaphorically, a whole range of human activities that have an impact on the environment. There is an unpleasant misanthropic aspect, as well, in associating human impact with wanton ecological destruction—something that I raised in my remarks at Second Reading.

Reading the literature on ecocide over the years, I have seen humans described as “a cancer on the environment”, “a parasite species on the planet” and “a virus infecting the earth’s body”. This emphasises the negative aspects of human culpability and destruction, rather than seeing humanity and civilisation as a source of creative solutions, which is more helpful. Civilisation and development have allowed our species to use knowledge, reason, ingenuity and innovation to aspire to improve the conditions of life. I would rather we celebrated the huge gains of the progress, political change and technological innovation that have driven humanity from the Stone Age through to the 21st century, yet “ecocide” and the discussion around it focuses wholly on humanity as an agent of destruction.

I worry that the whole discourse on “ecocide” expresses a disillusion with those gains—the fruits of modernity and the economic growth that we have benefited from and witnessed, particularly in the West. It views the rapid development of the rest of the world in a wholly negative way, as though somehow the use of fossil fuels in order to grow is potentially akin to mass murder, as the comparison with genocide suggests. It flirts dangerously closely with romanticising Stone Age lack of development elsewhere. In debates on earlier groups of amendments, I heard a number of noble Lords criticise GDP and say that it does not represent very much. Well, in my view, we do not have enough GDP. I want more of it for the masses of the world. Certainly, without it, well-being is nigh on impossible, and I have worried throughout this discussion on the environment that a clash is being set up between GDP—that is, economic development and growth—and matters around the environment.

It certainly seems to me that charges of activities typically dubbed ecocide are too easily levelled at countries and people trying to develop to escape immiseration, poverty and hunger. China, India and Brazil are often discussed in these terms, and I wonder who will be charged with ecocide. The noble Baroness, Lady Boycott, listed a number of big bad companies—in her view. That anti-corporate “They should be held responsible and blamed for the people killed” is something we are familiar with.

But I worry that ordinary people in Brazil and other parts of the developing world are implicated and criminalised for felling forests and clearing land for agriculture, as we in the West have done before and benefited from, in industrial revolutions and modernisation. I get nervous, in this discussion of ecocide, of a rather arrogant neocolonial instinct about who will be accused of ecocide, who will police those accused of it and even whether it will become a justification for western intervention, with all these green-helmet lawyers going around the world saving nature from the destructive activity of ordinary people. I totally reject this amendment.

[Baroness Whitaker (Lab)]

My Lords, it is interesting to hear the views of the noble Baroness, Lady Fox, but I take a different line. As a member of Peers for the Planet, I congratulate the noble Baroness, Lady Bennett of Manor Castle, on introducing the concept behind these amendments to your Lordships’ House and I am pleased to add my name to them.

I confess I was disappointed when my questions to the noble Lord, Lord Goldsmith, about adding the crime of ecocide to the Rome statute received, first, the answer that there were no such plans. His next answer, which I have just received in time—for which I am grateful—adduced various traditional diplomatic reasons, but I still hope we can make a start. I think we should.

Of course, ecocide is an innovatory idea, and innovations are disturbing and disruptive. This one requires different thinking about human rights. The Rome statute and, for that matter, the United Nations human rights instruments have a specific human focus on what is needed to establish and maintain well-being. We in the UK have taken an even narrower view, in that we have not implemented the economic and social rights set out in the convention, only the civil and political ones. But the concept of ecocide is hardly dangerously revolutionary; it was mooted by Olof Palme in 1972 and, as the noble Baronesses, Lady Bennett and Lady Boycott, say, France and others are in the process of incorporating it into their laws.

Our environment is so critical to our well-being that we need to think in new ways about how to protect it from the damage being done to it. I think all your Lordships value our natural environment. That clearly emerges from the debates on this Bill and the answers of the noble Lord, Lord Goldsmith. We should put that into practice by cherishing its biological and botanical elements and, therefore, ought to support efforts to get this into international law.

Already one of our most distinguished human rights lawyers, Philippe Sands QC, is working on how this value can be made justiciable at the International Criminal Court. The definition has now been agreed by all 12 of the eminent international lawyers in the group he chairs. For once, I hope our Government can be a bit ahead of the curve and support these amendments.

[Lord Thomas of Cwmgiedd (CB) [V]]

My Lords, I congratulate the noble Baroness, Lady Bennett of Manor Castle, on tabling these two amendments, which give us the opportunity to consider these important issues. I broadly welcome the principles underlying them both and will take each in turn, first, that relating to international law. Before doing so, I briefly mention, as disclosed in the Members’ register, that I am a vice-president of the European Law Institute. Although I am not directly involved in its work, to which I will refer, I take a close interest in it.

It is important to appreciate that the development of international crimes has, over the centuries, reflected the desire of nations to ensure that international criminal law keeps pace with evolving standards. At present, the only international environment crime under the Rome Statute of the International Criminal Court is environmental damage as a war crime, under Article 8(2)(b)(iv). It has a high threshold, as it requires:

“Intentionally launching an attack in the knowledge that such attack will cause … widespread, long-term and severe damage to the natural environment which would be clearly excessive in relation to the concrete and direct overall military advantage anticipated”.


That is a high standard and is set out in the context of war, but we have moved on. It is now necessary for us to examine what should be an international crime in the context of the environment outside war.

Progress has been made in a number of individual conventions directed at certain trades but, as was set out in the 2018 report of the UN Secretary-General, Gaps in International Environmental Law and Environment- related Instruments: Towards a Global Pact for the Environment, there is no single overarching framework. The law is piecemeal and reactive and, for the most part, conventions depend on national law for their enforcement.

In this context, the important steps of the last few years have seen developing impetus for the designation of a more general crime of ecocide triable before the international court. As the noble Baroness, Lady Bennett, mentioned, the late Polly Higgins spent much of the latter part of her life moving this forward. Again, as has been mentioned, last month, a panel of international experts put forward a definition of ecocide. While this requires detailed consideration and, in my view, further work, it is a further important step in getting to grips with establishing an international crime.

It seems plain to me that transnational concern for the environment and evolving standards have now reached the stage where the international community can begin to move towards designating ecocide as an international crime. I therefore ask the Minister, given Britain’s new global role, where it is important that we show leadership, what steps are we taking as a nation to keep up with this evolving international standard, in accordance with the long traditions of the development of international criminal law?

In parallel to this work, as it may take some years to move international criminal law forward—one has to be realistic about this—the UK ought to consider moving forward its own criminal law to establish the crime of ecocide, or other similar crimes, as set out in Amendment 293D. As has been mentioned, the European Law Institute is looking at a number of matters: first, the definition put forward by the panel of experts; but, more importantly in the domestic context, devising a model law. This would primarily be for the use of the European Union but, as the institute is Europe-wide, for other nations as well. It will provide a definition and workable set of principles to criminalise this activity and, importantly, civil remedies in tort or delict. I therefore welcome Amendment 293D in principle, although it is clear that more work needs to be done in this area.

Therefore, my second question to the Minister is: what are Her Majesty’s Government intending to do in this respect? Have the Law Commission and the Scottish Law Commission, which are the prime movers of legal thought in England, Wales and Scotland, been asked to consider this work and provide a crime of ecocide?

Bank for International Settlements (Immunities and Privileges) Order 2021

Baroness Whitaker Excerpts

Wednesday 10th February 2021 Grand Committee

[Baroness Whitaker (Lab) [V]]

My Lords, I thank the Minister for introducing the order, which confirms an interesting and potentially very useful innovation. I have just one question. The order confers an extraordinarily widespread immunity on those managing this new hub. I am aware that the Minister has made it clear that these immunities are not for personal gain; nevertheless, employees of the hub are, apart from some civil liability in arbitration, effectively above the law in all their professional work. What steps will the Government take to ensure that individuals do not seek to abuse these privileges?