Situation in the Red Sea

Earl of Sandwich Excerpts

Thursday 29th February 2024 Lords Chamber

[The Earl of Minto (Con)]

I thank my noble friend for that question. To be honest, I do not know precisely what they are doing; I will find out and write. They are definitely supportive of Aspides, and that is certainly a move in the right direction.

[The Earl of Sandwich (CB)]

My Lords, has the FCDO sufficiently studied the people of north Yemen, who are quite different from those in the south? In the view of some experts, they are irrepressible. What is the reaction of international diplomacy to that?

[The Earl of Minto (Con)]

The noble Lord makes a very good point—one brought out earlier by the involvement of Saudi Arabia. It is very difficult to answer. We must take action to deter the disruption going through the Suez Canal because we believe so passionately in global trade. One would hope that there comes a point when diplomatic efforts and other activity in the region may bring a halt to this very unfortunate situation.

Mali: UN Peacekeeping Mission

Earl of Sandwich Excerpts

Tuesday 15th November 2022 Lords Chamber

[Baroness Goldie (Con)]

I will call on my colleague in the Foreign, Commonwealth and Development Office to answer the noble Baroness, and perhaps to do so more ably than I could achieve. I think we are all united in agreeing that what Wagner represents is repugnant. I do not know if I replied to the noble Lord, Lord Purvis, on his specific point about proscription, for which I apologise, so let me tell him that there is a lot of sympathy with the sentiment which he expressed. I know that my right honourable friend James Heappey undertook to have discussions with the Home Office, and I would certainly be very much in sympathy with seeing what we can do along these lines. As to the noble Baroness’s question, it will fall to one of my colleagues to give a more specific answer.

[The Earl of Sandwich (CB)]

My Lords, there are obviously a lot of new initiatives coming up, which the Minister has described, as a result of the withdrawal from Mali. Will she undertake to talk to her colleagues in the relevant ministries about reporting back to Parliament, because we so rarely hear about peacekeeping in Africa?

[Baroness Goldie (Con)]

The noble Earl raises an interesting point. From a defence perspective, I would certainly be sympathetic to providing a further briefing once more details are known. I am sure that my noble friend Lord Ahmad would be equally sympathetic to providing that in relation to the broader issues of foreign affairs. It is a useful suggestion, so will the noble Earl let me take it away?

British Armed Forces: Global Britain

Earl of Sandwich Excerpts

Thursday 21st January 2021 Grand Committee

[The Earl of Sandwich (CB) [V]]

My Lords, like the noble Lord, Lord Lancaster, I will always remember the support of our Armed Forces for the people of Kosovo 20 years ago. Our soldiers did a lot of humanitarian work at that time; in fact, they acted as aid workers alongside the UN. The reverse is sometimes true as well—that aid workers have to defend themselves, and staff are casualties, often unreported. Those soldiers were carrying out a mission under the UN principle of R2P, responsibility to protect, and my question to the Minister is: does that principle still hold good in defence circles, because we seem to hear less about it? The Conflict, Stability and Security Fund combines the skills of DfID and the MoD. As we have heard, we have sent 300 Light Dragoons and others out to Mali, adding to 100 already taking part in the French-led Operation Barkhane. I know the region, and I can only wish our soldiers and aid workers well. As has been said, this is a dangerous area where men of violence occupy places where government fears to tread.

Queen’s Speech

Earl of Sandwich Excerpts

Tuesday 7th January 2020 Lords Chamber

[The Earl of Sandwich (CB)]

My Lords, the die is cast in political terms. We are leaving the EU, but there is still a way to go before we cast off completely from Europe. I remain a remainer. I not only think the decision to leave was wrong, but I believe and hope we shall make every effort to coincide the interests of the UK with those of our European allies. That much I think the Minister could and will accept today. After all, our security—as well as our economy—depends on it.

It is early days, but fortunately this Government have not yet set their priorities in stone. There is much to be negotiated, not just on trade but on our relationship with the various elements of the Commission that have been an essential part of our foreign policy for over four decades. The sharing of data and intelligence in respect of both criminal activity and our defence and security is critical to our future identity. As a leader in international development, we are also bound to work with our European neighbours.

On defence, the US remains our key ally in NATO, despite its impetuous, disaster-prone and sometimes reckless President, as we have heard more than once today. France and Germany will become the key European axis, with the UK now at one remove. But we must stay close to President Macron, who seems to have a Gaullist streak—although the noble Lord, Lord Robertson, said that he is a listening President. He certainly needs more external distractions at the moment and his position at home is precarious; nevertheless, he has done the rest of us a great favour in challenging Presidents Trump and Erdoğan simultaneously for their outrageous disregard for NATO and international co-operation in Syria. The Turkish invasion broke all the rules and our oldest ally failed to consult even EU and NATO members. Then came last week’s strikes against Iran, including the disproportionate killing of General Soleimani, and not even the signatories of the Iran nuclear treaty complained. NATO allies now have to patch it up with Turkey: they have to pay their 2% subs in full—Trump is right about that. As Jeremy Hunt recently pointed out, as long as the US pays double it will always call the shots.

The war between Russia and Ukraine following Moscow’s annexation of Crimea has cost thousands of lives. The election of President Zelensky has led to prisoner swaps and some hopes of peace in Donbass, but Russia’s continual bullying over the new gas pipeline and President Trump’s attempted investigation of the Biden family have muddied the waters still further. US sanctions and Putin’s attitude to the INF treaty have left the EU looking incapable. There is certainly no room for the UK in this multiple crisis, and yet, as a NATO partner, we have to remain on full alert and expect that the worst may happen.

The western Balkans remains another priority for NATO, and this time our own defence forces have an important ground role, only 20 years after the war in Bosnia and Kosovo. Once again, Russia’s dirty tricks must keep us on our guard.

While NATO’s role in the Middle East remains uncertain, its relations with Africa are more defined as a result of the agreement signed with the African Union in Naples on 4 November. This will lead to greater co-operation in exercises and training.

I am impressed by the British Army’s involvement in international development, especially in Unity state in South Sudan, which I have visited and where I have followed events quite closely. About 300 soldiers, some trained engineers, have been clearing roads and making aid more accessible, including helping women and children to reach the UN distribution centres. On one road near Bentiu, in the course of a fortnight, a number of women were raped on their way to collect food. It is one of the most dangerous areas in the world because of prevailing conflict over oil resources and the failure of government to reconcile different ethnic groups. Human security is becoming a normal target of aid missions such as this one, and the MoD and other ministries are to be congratulated on this joined-up approach. Nevertheless, many of us have concerns about the proposed merger of our aid programme. Conflict prevention is easily understood as a joint ministry programme, but integrating all our aid and diplomatic missions would be clumsy, impracticable and unaccountable.

Incidentally, I was pleased to hear the Minister mention special protection for developing countries against climate change. I look forward to hearing more details on that.

Brexit: Common Security and Defence Policy Missions and Operations (European Union Committee Report)

Earl of Sandwich Excerpts

Wednesday 15th May 2019 Lords Chamber

[The Earl of Sandwich (CB)]

My Lords, the noble Lord speaks with tremendous knowledge and wisdom, not least from his time on the Defence Select Committee, and I am delighted to follow him in this debate. I agree with much of what he said. I thank the noble Lord, Lord Horam, and the sub-committee, to which I once belonged and which I look forward to rejoining in the next Session.

I am enthusiastic about the UK’s involvement in CSDP missions. As we clamber offshore into uncharted waters, they seem to be among the most sensible and stalwart pillars of our defence system alongside NATO. The right reverend Prelate used the phrase, “They are doing good”. They may be for the most part limited and narrow in scope, but it is precisely that focused activity on which the UK will concentrate from now on in its defence policy, possibly as a third nation. As the noble Lord, Lord Arbuthnot, said, “The nature of war is changing”.

The Government’s political declaration—which is still somewhat beyond the horizon—makes it quite clear that we intend, as the noble Lord, Lord Horam, said, to retain the fullest co-operation with our European allies on security and defence. In her Munich speech of February last year, the Prime Minister said,

“the UK is just as committed to Europe’s security in the future as we have been in the past”.

That is how it should be. Even the purist Brexiteers in the ERG would agree with that, although by leaving the EU they make it almost impossible to achieve, as previous speakers have feared.

The US has been complaining this week on NATO’s behalf about the EU’s defence strategy through the EDF and PESCO, and I have some sympathy with that. There has always been opposition here to a European army as such and, in or out of Europe, we will have nothing to do with it. However, closer co-operation on defence and intelligence is quite different: it will be vital.

One area where the UK will—and must—continue co-operate with the EU alongside NATO is the western Balkans, and I look forward to hearing what the noble Baroness, Lady Helic, has to say this evening. Our commitment began with the conflicts of the 1990s—not so long ago—and was reinforced by our membership of the Berlin process and at the western Balkans summit in London last year. It is also underlined by our military contributions to EUFOR, KFOR, Kosovo’s security force and the CSDP. All of these, including Operation Althea in Bosnia, have helped the western Balkans states to stand up to the continuing threats and dirty tricks from the Russian President.

I had direct experience of a CSDP mission when I visited the EULEX project in Kosovo a few years ago. The largest EU project in Europe, EULEX has had a significant impact on the rule of law but it has also been cumbersome and bureaucratic, as the report also outlines. It has since learned from criticism and, partly thanks to UK pressure, has scaled down considerably, both in numbers and ambition. However, while it remains part of the judicial system and is vital to the economy and the legal position of the country, it is not popular in Kosovo and has had little effect on war crime prosecutions. Can the Minister forecast what direction EULEX will now take and confirm that the UK will continue its support? I hope he can because the UK retains a good reputation in Kosovo and I know it intends to maintain its development programme there.

Kosovo, Serbia and their neighbours still want to join the EU but they are increasingly impatient with the lack of progress, which is one reason for the desperate land swap idea that Brussels has rightly dismissed. However, the EU has not yet succeeded in bringing the Ashton plan to fruition. It still needs to design institutions that are more appropriate to the needs of the Balkans, and this is where CSDP should be able to help by avoiding grand projects in the future and redesigning EULEX.

The great strength of the CSDP missions, as both the report and the response emphasise, is the combination of skills that you cannot find in the average defence and foreign policy configuration. In their response to paragraph 94, the Government confirm that through the CSDP the EU can combine at least five lines of operation,

“in a comprehensive approach”,

and can draw on,

“a wide range of technical expertise”.

The CSDP can tiptoe in where the UN and OSCE are unable to agree, such as in the civilian mission in Georgia, which has also proved its value in one of Europe’s most dangerous flashpoints. Incidentally, Georgia has made an outstanding contribution to an OSCE mission in the Central African Republic.

The Ukraine advisory mission got off to a good start, but can the Minister say whether there has been tangible security sector reform in Ukraine under this programme, as the Government response on this is muted? Atalanta, which has been mentioned and which we discussed in this committee before, has been another important success. By the way, I have seen the Tom Hanks film, which was excellent.

In the Mediterranean, Operation Sophia, on the other hand, may have run out of steam because of the uncertainties of migration and the continuing and inexorable civil war in Libya.

There are important challenges for the CSDP in Africa, especially in the more discreet French-led operations in the Sahel. Terrorist attacks in Burkina Faso and Mali continue. The noble Lord, Lord Ahmad, reassured me in a recent Written Answer, HL15192, that we are committed to supporting the EU training mission in Mali with IED training and other expertise. I hope that will continue. However, the committee’s report is reticent about the EU missions in Africa and I hope the Minister will confirm that we intend to offer our support beyond Brexit, if he can see that far.

The CSDP projects as a whole make a good story. This would be a matter for rejoicing, if not for the fact that it is all held up by the Government’s inaction and Parliament’s inability to take decisions. There is a real risk that the EU will simply reject some of these vital partnerships in the future.

The evidence of the noble Lord, Lord Ricketts, is that we cannot set up one system for the transitional phase only to find that it has to be revised afterwards. Our future relationship must be established now.

I have noticed that the evidence coming in to the sub-committee’s separate inquiry on international co-operation post Brexit is, if analysed, an overwhelming statement of support for the work of the European Union. Indeed, it is a thinly disguised call for our continuing membership of the EU and some of us regret that even now, it may be too late to maintain the status quo that so many people, perhaps a majority, wish for. However, I must not relapse into wishful thinking.

One problem with Brexit is that we are saturated with reports and recommendations, as we are today, but we are left with a pile of papers and without direction or, indeed, any certainty about the way forward. The previous EU debate this afternoon suffered similarly. The tired phrase “post-Brexit” seems to demand certainty, but it is simply not there.

Counter-Terrorism and Border Security Bill

Earl of Sandwich Excerpts

Report: 1st sitting: House of Lords
Monday 3rd December 2018 Lords Chamber

[Baroness Hamwee]

My Lords, we also have Amendments 13, 14 and 17 in this group as amendments to the government amendment. We welcome the indicative non-exclusive list that the Minister has put before your Lordships. At the last stage the noble and learned Lord, Lord Judge, made the point that we should not rely on guidance or some other executive action in this connection, and that must be right. However, we must also be confident in the list. The more examples are given, the less easy it may be to argue for additions which are not spelled out. I was going to refer to the array of lawyers opposite me, but their numbers have been reduced by half in the last few minutes. Nevertheless, I am sure they can tell me whether I am wrong to be worrying about the sui generis rule, because I am.

The Government’s amendment refers to,

“internationally recognised principles and standards”.

Will the Minister give an explanation or example of those? Alternatively, what might contravene that criterion—in other words, not meet the standard? Humanitarian aid is referred to. Peacebuilding was talked about in Committee. We are not confident that humanitarian work includes peacebuilding and would like an assurance or acceptance of our amendment on that. Humanitarian work probably covers development and cultural purposes, which were also referred to during the last stage. Will the Minister comment on that?

We have added “for connected purposes”, which is a little wider than “in connection with”, which is limited to the stated purposes—we would be adding a purpose. It is appropriate to mention concerns expressed before these amendments were tabled, not just about the “reasonable excuse” defence which the House has been debating. There are also concerns on the part of banks and other companies which provide services to organisations which provide aid, such as insurance—I am amazed that insurance might be available in some of these connections—and travel companies. Apparently they are concerned that the measure will exacerbate the diminishing of their appetite to support humanitarian activity, due to the increased legal ambiguity around travel to designated areas. They are also concerned about a possible chilling effect on humanitarian aid surrounding those areas. The list which the Government propose includes visiting a terminally ill relative. It is not always clear when an illness is terminal. In this context, it might be particularly difficult to get medical support for that proposition. We suggest adding “very seriously ill”, as a matter of common sense.

Amendment 14 was an excess of zeal on my part. I shall not be pursuing it, as I realise that the point is already there. On Amendment 17, the House has heard the assurances about the designations being kept under review. We welcome the sunset provision in Amendment 18 and support Amendment 19, which would shorten it. However, this does not mean that reporting to Parliament is not necessary. The noble Earl has just referred to a “meaningful and ongoing review”, but we must be aware that when a finite period is referred to there comes a temptation to address the point thoroughly only every three or two years, depending on that period. The proposal to report formally to Parliament is a matter of transparency and accountability. I hesitate to say so, but it might give the independent reviewer something to bite on. That amendment is certainly not a backstop.

[The Earl of Sandwich (CB)]

My Lords, I offer my support for Amendment 15. I will speak on behalf of humanitarian aid workers following the remarks made by the noble Lord, Lord Judd, and I do so because it seems to me profoundly wrong that aid workers should potentially come under suspicion and be bracketed with potential criminals simply because they are travelling to and from a sensitive area. Of course, I realise that the Government understand in principle they are not in that category, so they have put down their own amendment with an indicative list, which the JCHR acknowledges is a step forward. Nevertheless, the Bill still potentially subjects aid workers and journalists to every sort of interference, which can only mean that aid will inevitably be held up and that people living in distressed conditions will suffer more. If aid workers in government programmes, including those of Governments in the designated areas, are protected, why on earth should non-governmental organisations and their beneficiaries suffer? What is the logic of that?

This clause has to be amended. Imagine what would happen in a country like the DRC today if people monitoring the Ebola virus had to consider the prospect of being arrested for having dealings with the Mai Mai or the Interahamwe militia. The noble Lord, Lord Judd, and the noble Baroness, Lady Hamwee, have already mentioned peacebuilding, which often involves the Red Cross and the Churches. What would be the climate of suspicion surrounding not only them but the whole aid programme? The noble Lord, Lord Paddick, quite rightly mentioned the “deterrent effect”.

I speak with feeling, having worked with several aid agencies over the years, and knowing the conditions in which they already have to work. No wonder that 21 organisations are protesting. These are in many cases the front line of our aid programme, whether they work with government or not. I will repeat two sentences of what they said in a signed letter:

“Unless urgently amended, the bill … will make it impossible for civil society organisations to deliver much needed humanitarian, development and peacebuilding support to people desperately in need … it is vital that the government and peers amend the bill so that it exempts aid workers and others with a legitimate reason to travel to designated areas”.


Let us not forget the cost of this exercise. We do not of course know the parameters of the designated regions, but we know that, for obvious reasons, many aid workers tend to be in sensitive areas of the world, so the overlap between political sensitivity and humanitarian commitment will be vast.

The noble Earl mentioned the possibility of the terrorist who intends to assume the disguise of an aid worker and become a wolf in sheep’s clothing. Obviously, that is quite different; he or she must be stopped on the grounds laid down in the Bill, and will not ultimately pass the test of reasonable excuse. I realise the difficulty the Government are in here, having to act on behalf of society. But it is quite irresponsible to risk the professional lives of all aid workers leaving those areas, with all the consequences for the programmes concerned, as a means towards that end.

[Earl Attlee]

My Lords, I am grateful to the Minister for these amendments, and in particular for his response to my amendments moved in Committee on journalism. When we are trying to convince people like President Erdoğan of Turkey not to persecute his journalists, it would be a complete disaster if we accidentally arrested a legitimate journalist in the UK.

I have worked overseas on international aid—in theatres unlikely to have been designated—but I think the noble Earl, Lord Sandwich, has slightly misinterpreted the Minister’s amendment. New Clause 3B(a) excludes providing aid “of a humanitarian nature”, so his concerns are absolutely met by the Minister. I believe the Minister has the balance right, both in principle and in the drafting of his amendment.

Afghanistan Update

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Wednesday 11th July 2018 Lords Chamber

[Earl Howe]

I am grateful to the noble Viscount for his pertinent insights. As he will know, the whole issue of the poppy harvest has been near intractable since we became involved in Afghanistan. I am not in a position to offer ready solutions, but I can tell him, from a political point of view, that the need to resolve the endemic problems arising from the poppy harvest and the opium trade in Afghanistan is high on the list of political imperatives. It is undoubtedly the source of great corruption in Afghanistan and a source from which the Taliban derives funding. We therefore need to hit the supply side, not least by means of a peace settlement. If we can achieve that, there will be far less incentive for the proceeds of the poppy harvest to be used for nefarious ends.

[The Earl of Sandwich (CB)]

My Lords, I am bound to say that my nephew was one of those junior officers who set up the new academy. I am delighted to hear that so many officers have now been trained.

We are used to hearing tributes being paid, quite rightly, to the soldiers who fought and lost their lives. Can the Minister mention also the many hundreds of aid workers who have been in Afghanistan, among them many who have lost their lives as well? They do not receive sufficient tribute. Are aid workers among those who have been offered close protection from our soldiers?

[Earl Howe]

I am grateful to the noble Earl, Lord Sandwich, for that point, which is well made. My noble friend Lord Bates, who sits beside me here, will be all too aware of the role played by aid workers, many of them from this country, in Afghanistan and of the risks and dangers that they face there. The noble Earl is right that some have paid the ultimate price for their selflessness.

Protecting those aid workers is of course an important part of the work done by the Afghan national defence force when required. It is its responsibility, as I have explained, to maintain the security of the country, but I am not aware that it has been lacking in either commitment or effectiveness in that way. If I can find out more about the topic, I will be happy to write to the noble Earl.

UK Defence Forces

Earl of Sandwich Excerpts

Thursday 23rd November 2017 Lords Chamber

[The Earl of Sandwich (CB)]

My Lords, I am grateful to the noble Lord, Lord Soley, for giving me and others this chance to mention conflict resolution. In departmental budgets today, as the right reverend Prelate said, diplomacy, defence and aid are now entwined. Some 16 years ago, the FCO, DfID and MoD were brought together into a new conflict fund, whose life became quite hectic, as I will explain.

Of course, there are always fears that the MoD will have some claim on the aid budget, and one can see the reason for this. One problem is the difficulty of separating events such as refugee movements, which normally come under emergencies, from the need to prevent conflict, which is seen as a form of long-term development. In countries such as South Sudan, the two run side by side, because long-standing attempts at peacekeeping through the regional powers foundered in 2013 when the new SPLA national army and Government fell apart and created yet another world emergency.

The noble Lord, Lord West, although seeing the necessity for aid, has constantly raised this question, asking whether the defence budget is overstretched by our aid commitments. I completely understand his concern about that—although he did not mention it today—but I would say to him, first, that our Armed Forces, being highly trained, naturally do a superb job during emergencies. Secondly, it is surely part of the training of our Armed Forces that they are called upon and carry a degree of responsibility when an emergency occurs.

With Srebrenica in the news again this week, my mind often goes back to our commitments in the western Balkans and the tireless work done by our soldiers in rapidly erecting refugee camps for ethnic Albanians fleeing Kosovo into Albania and Macedonia. You can argue that these were NATO and KFOR defence commitments but they were not yet, to my mind, aid commitments calling on the DfID budget—they were a proper defence responsibility. But increasingly since that time there have been new emergencies and conflicts requiring new commitments, notably in implementing the relatively recent UN concept of R2P, the responsibility to protect.

It was partly for this reason that the Government established the Conflict Pool in 2001. Over the years, as someone who periodically visits countries in conflict such as Sudan, Nepal and Kosovo, I have heard from various sources that there were problems surrounding the Conflict Pool. Its performance was finally reviewed in 2012 by the very competent aid watchdog, ICAI, which rated the programme “amber red” and found that,

“its governance and management arrangements are cumbersome”,

and it has,

“little capacity for measuring results”.

On 1 April 2015, perhaps in response to this criticism, the fund converted into the CSSF—the Conflict, Stability and Security Fund—as mentioned by the right reverend Prelate. In 2016-17, the CSSF had a total budget of over £1.1 billion and funded 97 programmes across the world, with an average expenditure of £5 million per programme.

I am delighted that the fund, in turn, is currently being scrutinised by ICAI. The commission started work in August. It is already collecting the findings and will report back next April. One finding will be that the MoD is contributing comparatively little. In the calendar year 2016, it gave an estimated £14.9 million, compared to the FCO’s £417 million and DfID’s £108 million. However, this was a considerable increase on the previous year.

I hope that the Minister will comment on the importance and the performance of the fund, and say whether he sees the MoD’s role expanding in future. Incidentally, I am delighted that the CSSF’s programme in Mali has been chosen for review, showing that Francophone countries are still a concern of the United Kingdom.

Queen’s Speech

Earl of Sandwich Excerpts

Monday 23rd May 2016 Lords Chamber

[The Earl of Sandwich (CB)]

My Lords, we made a decision to join the EU in 1975. Not only should we stick to that decision, but I believe that we are wasting valuable time with the referendum. The noble Lord, Lord Higgins, was absolutely right: we are already part of Europe, not some offshore island. We recognised after 1945 that we wanted to sit down with other European nations, rehabilitate Germany and rebuild the future with them. We need to pursue these objectives. Over time, we have rightly distanced ourselves from some projects—the euro and Schengen. That is fully understood under various treaties and we are not alone in that. We do not need to subscribe to ever-closer union and we can dissuade others from doing so.

One principle of EU foreign policy that I have personally much admired has been enlargement—the opening of the European ideals, which are still known as the Copenhagen principles, to countries seeking membership, chiefly in eastern Europe and the Balkans. I admit that this policy has received a few knocks. Our ability to understand Russian intentions, for instance, and even to talk to Russia has descended into a dense fog of non-diplomacy. This is not just because of Russian aggression but because of our own lack of skill, and that of the EU, in communicating with Russia, as our EU Select Committee report on Ukraine demonstrated. Russia has historic ties with Europe. Shutting her out is not contributing to world peace.

The process of opening up Europe to a wider membership, instead of confining it to an exclusive number, was a deliberate choice supported by successive UK Governments. It has, of course, made decision-making slower and the machinery more cumbersome, but I feel it was the right democratic choice because it enables members old and new to proceed at their own pace. I quite agree with the noble Lord, Lord Garel-Jones, that national parliaments have lost ground. That was also addressed by our EU Committee. Those who criticise the failure of the institution fail to recognise its remarkable flexibility in making policies to suit 28 members and a population of 500 million.

I recognise that the EU is having a rocky ride this year. This is chiefly because of migration and the large numbers coming into Greece and Italy, which has tested the Dublin agreements almost beyond their capacity. It is all very well for us to criticise the EU when we are actually the beneficiaries of those agreements. In fact, we ourselves, in choosing a rethink through a referendum, are shaking up the Union. This may not be a bad thing in itself, but we risk destabilising other EU members through our own uncertainties of policy during this absurd campaign. The Foreign Secretary admitted on 6 April that he had not foreseen the migration crisis in Europe. It was also strangely missing from the Queen’s Speech. Could it be that Ministers see this as a continental problem from which we are exempt? Should we not, having decided to remain in the EU, move a little closer to Europe on immigration and influence the latest agreements with Turkey and north Africa? Surely being out of Schengen does not absolve us from a shared responsibility for policy and even burden-sharing?

On international development, I too applaud the confirmation of the aid budget and our continuing example and leadership in humanitarian affairs. I, like the noble Lord, Lord Loomba, would like to see a stronger role for the Independent Commission for Aid Impact, or ICAI, which scrutinises aid and reports to the Commons International Development Committee on DfID projects, such as the CDC, mentioned by my noble friend Lady Flather. ICAI’s reports are extremely valuable and it is a pity that it does not communicate more directly to the public. We need to be able to respond to ill-informed tabloid criticism of aid, if and when it comes.

On trafficking, I look forward to the debate in the name of my noble friend Lady Prashar on the EU action plan against migrant smuggling. With the spotlight moving from the Middle East to Africa, the UK is also involved in the EU-Horn of Africa migration route initiative, more familiarly known as the Khartoum process. This programme aims to co-operate with some of Africa’s more authoritarian Governments in an attempt to stop trafficking at source along the borders of Sudan, Eritrea and Libya. We will hear much more about it, but its main motivation is to slow down the flow of migrants across the Mediterranean, although many of these are genuine refugees. There may be some perverse improvement in our relations with Khartoum—they could hardly be worse—under this programme, especially if serious money is changing hands. We may be able to deter a small number of migrants with development programmes, as we have tried to do in Somalia, but most observers are sceptical that the Sudanese and Eritreans will find any reasons to discourage migration or trafficking, given that these are becoming useful sources of revenue for customs officers and police.

Illegal financial transactions cost Africa at least $50 billion every year. The African Union has set up a high-level panel to deal with this, but our own Government should bring their own weight to bear here. DfID transfers, while never entirely free of corruption, are on a much smaller scale and are nowadays monitored, as we heard, through exhaustive internal reviews. I hope the Minister can say something about these development priorities in Africa, which are having so much more impact on us.

Finally, on the point made by the noble Lord, Lord Forsyth, about information, I hope the Minister will put him right on the question of the balance of competencies review. That was an exhaustive process, going through all government departments. Unfortunately, the Government did not, I think, pay enough attention to public awareness and understanding of that review, but the Minister might like to comment.

Immigration Bill

Earl of Sandwich Excerpts

Tuesday 26th April 2016 Lords Chamber

[Lord Rosser]

We continue to support the Ewins recommendations on overseas domestic workers, as well as the amendment that your Lordships sent to the Commons, which it has not accepted. We note that there has been some movement on this issue by the Government, to which the noble Lord, Lord Hylton, referred. I hope that in his response the Minister will be able to reply in detail to the questions that have been raised in this short debate, and I hope that the answers will be found satisfactory by those who asked the questions.

[The Earl of Sandwich (CB)]

My noble friend Lord Green said that the Government have moved a very long way but I cannot agree with him. The Government have moved a short way. We heard previously, at earlier stages of the Bill, about the national referral mechanism being the fulcrum of the Government’s argument. I acknowledge that they have moved, but anyone who has sat and listened to 50 domestic workers, as I did with my noble friend Lord Hylton, will know that there is an atmosphere of fear, which is very hard to convey, but the noble Baroness, Lady Hamwee, has already pointed that out. Even applying to the national referral mechanism, reporting very dangerous circumstances and forms of abuse, carries its risks for these people. Therefore, I urge noble Lords to think very hard about this amendment and I support my noble friend.

[Earl Howe]

My Lords, I have listened carefully to the questions and comments that noble Lords have made. I re-emphasise that we share a common objective here—that is, to ensure that there are effective arrangements for overseas domestic workers to escape abuse, and that must be at the centre of our thinking.

Perhaps initially I may respond to the questions put by the noble Lord, Lord Hylton. I am grateful to him for giving me advance notice of them. I confirm that the protection measures which the Government are extending to overseas domestic workers will apply in cases where the abuse or exploitation starts only after arrival in the UK. This includes the ability of overseas domestic workers who were referred to the national referral mechanism to continue working while their case is considered. We will ensure that this possibility is publicised via the planned information meetings and that statutory and voluntary personnel who work with overseas domestic workers are also made aware of it.

If the outcome of the referral is that the person is found not to be a victim of slavery and trafficking and therefore needs to return home, I also confirm that it will be for the individual to choose whether they return to their country of origin or to their country of previous residence. The Government’s information leaflet for victims of trafficking already makes it clear that they will be assisted to return to their home country if it is safe to do so. I hope that that reassures the noble Lord.

I am sorry that the noble Baroness, Lady Hamwee, is not convinced by the measures that we have taken to address the concerns raised at previous stages. I am genuinely sorry as we have tried our best. Perhaps I may address one point that she made. She indicated that James Ewins had been asked to produce a further report on overseas domestic workers. In fact, he has not been asked to complete a report, although I need hardly say that the Government will keep the situation under close review. The noble Baroness may be thinking of a different issue. We have asked Stephen Shaw to review the system of detention, and my noble and learned friend Lord Keen will come to that issue later.