Myanmar

Lord Ahmad of Wimbledon Excerpts

Thursday 11th February 2021 Lords Chamber

[Baroness Northover (LD)]

My Lords, I thank the noble Lord the Minister for bringing this Statement to the House.

It is, indeed, extremely concerning that once again the military has taken over Myanmar. The military says that this is because of irregularities in the elections, even though, as the Government and others have said, there is no evidence of significant problems in an election that delivered an overwhelming majority to the civilian Government. Once again, we see the damage done when, in liberal democracies, leaders say that elections in their own territories are fraudulent, when there is no evidence of that, or they seek to break international law, even in a “limited way”. We need to rebuild respect for the rule of law globally.

The Government are right to say that this coup threatens Myanmar’s recent progress. There have been widespread demonstrations and we are beginning to see the army take more aggressive action, for example with the use of rubber bullets and, it seems, live rounds. A couple of days ago a woman was shot in the head and critically injured. Can the noble Lord update us on how the Government see the perceived risk of army brutality being unleashed on the protestors? Do the Government think that the military leaders in Myanmar are confident that their army will fully support them, given such widespread opposition, especially among young people? We hear that some police have crossed over to join the protestors. Now we hear of a draconian new cybersecurity law being fast-tracked, which would force internet and mobile phone providers to share their user data, which is extremely worrying. Can the noble Lord comment?

Can the Minister also comment on what role China is playing in Myanmar, following on from what the noble Lord, Lord Collins, asked? It is perhaps not surprising that China blocked action in the UN Security Council but I am glad, as the noble Lord said, that the UK took that action. Popular protest is not something that the Chinese Government could easily condone but we gather that they are playing a more significant role in Myanmar, which they jealously guard as “their” neighbourhood.

What is happening on the Thai border? What is the attitude of the Thai Government—also under great pressure—with protests again authoritarianism there? We will need to work proactively with others if we are to help to protect the many demonstrators from a brutal crackdown.

One key recommendation is that we should work with others to sanction military companies. The military earns a great deal from its businesses; this has funded its attacks, including this coup. The UN fact-finding mission had already recommended that sanctions be put on military companies even before this coup. I am aware that the UK put Magnitsky sanctions on 16 individuals in the Myanmar security forces. However, these freeze assets in the UK, which they do not have. I realise that these sanctions may send a warning to others in the region—they are important in that regard—but, in this case, they are not very effective in the case of Myanmar. Surely the Government, as president of the UN Security Council and the G7, should lead the way in terms of a widespread arms embargo on Myanmar. What are we doing, for example with our EU allies and others, on this or other strategies?

The US has just placed sanctions on those who led the coup. Is the UK engaging with the US on how to make such sanctions as effective as possible? Do the US plans include military companies? The asset freeze announced by the US on Myanmar Government assets in the US certainly sends a strong signal that this regime is illegitimate.

In addition, the UK should formally join the ICJ genocide case in The Hague; here, I agree with the noble Lord, Lord Collins. Can the Minister update us on that? The Government have said that they are considering it. Now is surely the time to do so.

Can the Minister also comment on the very vulnerable Rohingya and other minorities in this situation? What emerged from his discussions with the Bangladeshi Government last week? What preparations are being made in case of an increased outflow of refugees? We do not want borders closed, as we saw before, but we recognise Bangladesh’s need and that the refugees need to be properly supported. As the Minister knows, more than 1 million Rohingya refugees have fled Myanmar over the past few years.

The military leaders in Myanmar’s brutal assault against the Rohingya were described by the UN as a

“textbook example of ethnic cleansing”.

We cannot stand by and allow further such crimes to follow this coup. Can the Minister tell us what effect the Government’s decision to cut the aid budget will have on their ability to sustain the level of humanitarian and development funding that has gone to Myanmar and is for the Rohingya refugees?

In this very worrying situation, I look forward to the Minister’s response.

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

My Lords, first, I thank the noble Lord, Lord Collins, and the noble Baroness, Lady Northover, for their contributions. They rightly raised a series of issues, which I will seek to address.

In her remarks, the noble Baroness asked for an assessment of the current situation. As the noble Lord, Lord Collins, also noted, it is a week since we last discussed this matter. Let me assure both of them and your Lordships that we have been not just monitoring but acting. Clearly, the situation over the weekend of 6 and 7 February saw large-scale protests; the noble Baroness rightly pointed to the scale of them in both Naypyidaw and Yangon. Notably, we have seen largely—I use that word deliberately but carefully—peaceful protests.

The noble Baroness is quite right to note that, in many instances, the police have been restrained when many people perhaps expected otherwise. However, as the noble Baroness and the noble Lord said, we are concerned by further reports of crackdowns on protestors in Naypyidaw on 9 February, including, as the noble Lord noted, the firing of rubber bullets and the use of water cannons. It remains unclear whether the security forces discharged live rounds, although that was being reported. When I looked into this, I came across a particularly shocking case where, as has been widely reported, a lady was shot in the head.

On the noble Baroness’s point about the cybersecurity law, I, too, have heard about proposed actions in that respect. She will have noted the internet blackouts that have taken place; we are concerned about these as they have made the flow of information in and out of the country that much more challenging. We are clear that internet services must be maintained and freedom of expression protected.

In that regard, I want to pick up on the point rightly made by the noble Lord, Lord Collins, about the CDC. The CDC carries out due diligence for every investment it makes, including in its contract with Frontiir. The investment was made to ensure low-cost internet availability and focused primarily on key areas, including Yangon. In March, there was a Myanmar Government directive to all ISP providers to block websites, which Frontiir and others have followed. Of course, the UK has taken a number of steps over the censorship of websites, but I note carefully what the noble Lord said in this respect. It is part of our strategy to ensure that the internet is restored at the earliest possible opportunity. I would also add that the investment was made with the good intent of providing the most vulnerable people with internet access.

The noble Baroness and the noble Lord rightly mentioned the recent announcement from President Biden and his Administration. Indeed, my right honourable friend the Foreign Secretary tweeted this morning about our support for the actions taken. I know that if I were sitting on the other side of the Dispatch Box, I would find this frustrating at times, but let me say that we are looking actively at all the tools at our disposal.

The noble Baroness, Lady Northover, rightly noted the 16 sanctions. To put that in context, 14 of them have been directly rolled over and become applicable in UK law; this is part of what we led on with the EU. There were another two, most notably against the current commander-in-chief of the army and his deputy. They were part of the first tranche of global human rights sanctions that we introduced, and will also stay in place. The noble Baroness mentioned the UN fact-finding mission. Six specific individuals were named in it, and I assure her that all of them are part of the UK’s current sanctions regime.

I note the point made in the context of both individuals and other organisations and firms. All I can say at this juncture is that we are of course looking at the actions of the United States. I come back to the point that this requires co-ordination. While signals may be sent, as I have said repeatedly—I know that the noble Baroness and the noble Lord share my views on this—it is when we act in conjunction with others that we see the best benefit against those we seek to target.

The noble Lord, Lord Collins, asked what actions the UK has taken. He rightly pointed out that we are penholders, particularly on the issue of the Rohingya. However, we are also the current president of the UN Security Council. In this regard, we convened a specific meeting on 4 February. I totally concur with the noble Baroness’s assessment of the importance of China’s role, not just in the current crisis but in terms of the continuing challenge of the situation and suffering of the Rohingya community. China has an important role to play. Through our bilateral engagement and engagement at the UN Security Council, we continually remind China of its important role in this respect. It was notable that, although there was no resolution, a statement was issued by the UN Security Council on the worrying nature of the events and military coup in Myanmar. We will continue to look at the situation during our presidency for the remainder of the month.

The noble Lord and the noble Baroness asked about the actions that we have taken, including at the UN Human Rights Council. Again, I, as the Human Rights Minister, have prioritised this. Together with our European Union colleagues—I somewhat expected the noble Baroness to ask me about the EU, but I will proactively provide her with this information—we worked at the Human Rights Council and will convene a meeting tomorrow on the situation. Of course, we are formal members of the Human Rights Council as well.

On action by the International Court of Justice, which the noble Lord, Lord Collins, and the noble Baroness, Lady Northover, referred to, we are supportive of the Gambia’s action. To put the UK’s formal intervention into context, we are looking at that. A number of countries have stated their intention to intervene but are yet to do so. There is a structured process at the ICJ, part of which is for Myanmar to come back on what has been levied against it by the Gambia and others. I believe that Myanmar has responded, while the other countries which have said that they will formally intervene are now considering their position, as will we, to see when a formal intervention, which we would support, would be best suited to give greater credence to the role of the ICJ in this respect.

I hope I have responded to some of the specifics put to me. The noble Lord, Lord Collins, and the noble Baroness, Lady Northover, will appreciate that we are engaging on this issue proactively across our roles, including in the G7. They will both have noticed that on 3 February we issued a statement as part of the G7. We are using our role at the UN Security Council and the Human Rights Council. I would add one further piece of information. Through our ambassador, we have also attended a briefing with the military-appointed Foreign Minister. We used the occasion to communicate directly to that representative of the current military leaders of Myanmar who are in charge our unequivocal condemnation of the coup.

We join all countries in calling for the release of those who been arbitrarily detained, not least Aung San Suu Kyi. I shall pick up the point about elections raised by the noble Baroness. As we all know, some of these elections are not the most perfect one could imagine. Nevertheless, there were external observers, and it is not for the Myanmar military to call them into question, given the general reports. Putting the disenfranchisement of the Rohingya people to one side, others in the country participated fully and the result was conclusive. I can assure the noble Baroness and the noble Lord that, through engagements beyond the Chamber, I will continue to update them both about the ongoing situation and will seek to provide briefings in a timely manner.

[The Deputy Speaker (The Earl of Kinnoull) (Non-Afl)]

We now come to the 20 minutes allocated for Back-Bench questions. I ask that questions and answers be brief so that I can call the maximum number of questioners. I call the noble Baroness, Lady Helic.

[Baroness Helic (Con) [V]]

My Lords, I thank my noble friend for the Statement and the update he has offered. There are immediate actions which must be taken. I draw his attention to those being taken by New Zealand. It has suspended all military and high-level political contact with the country, including a travel ban on its military leaders. At the same time, we must look at this moment of crisis and recognise the depth of the challenges in Myanmar and to its fragile democracy. Progress will be impossible without action on a range of fronts, including on racial discrimination and violent conflict, true inequality and underdevelopment. I hope that our engagement with Myanmar will move beyond this immediate crisis to look at the endemic problems that the country has been suffering from.

[Lord Ahmad of Wimbledon (Con)]

My Lords, I take on board what my noble friend said about the military and the need to look at the situation regarding the arms embargo. As she will be aware, the UK is a long-standing supporter of an arms embargo on Myanmar and, together with our EU colleagues, we played a key role in the embargo imposed following the 2017 Rohingya crisis. Since we left the EU, we have transitioned that into domestic law. My noble friend also made a broader point about the importance of stability in Myanmar. We are working in the region, particularly with ASEAN, which has an important role to play in this respect.

[Baroness Falkner of Margravine (CB) [V]]

My Lords, I noticed the Minister’s warm words about co-operating with China and drawing the importance of this matter to its attention. However, does he accept that the military coup would have been impossible had the military, given its very strong relations with China, not been given the nod by the Chinese Government? This is another geostrategic win for China while the West stands by helpless. What long-term plans does the United Kingdom have to reform the United Nations Human Rights Council so that countries such as China, Russia and Saudi Arabia are prevented from making a mockery of global human rights?

[Lord Ahmad of Wimbledon (Con)]

My Lords, the noble Baroness said that I have warm words for China; I was merely reiterating our practical engagement with that country. We should not forget that China is a P5 member of the UN Security Council. As I have said a number of times on various issues, where we have direct challenges with countries that are P5 members, we must continue to engage with them, albeit in very candid terms, through the international fora of which the UN Security Council is an important part. I strongly believe in doing this because I have seen for myself the benefits.

The noble Baroness also raised an important point about the Human Rights Council. I agree that there are members of the council which do not reflect in any way the value system we subscribe to. I can assure her that, through our engagement at the council, we look carefully at the human rights records of those countries that put themselves forward for election to the 47-strong membership. While the council is still not without its challenges, it provides a very useful forum in which to bring these issues to the fore at the top level of international diplomacy.

[The Lord Bishop of Coventry]

My Lords, will the Minister join me in paying tribute to the civic and religious leaders in Myanmar, including the respected Buddhist monk, Myawaddy Sayadaw, who is now in prison, and Cardinal Charles Bo, the Archbishop of Yangon, whose published message last week spoke out strongly against the coup, called for the release of everyone who had been detained, and implored demonstrators to remain non-violent? Given the cardinal’s words to the international community that

“Engaging the actors in reconciliation is the only path”,


how are the Government, through the channels of communication to which the Minister referred, pressing the military to engage in a meaningful process of dialogue with the democracy movement? At the same time, to pick up on the point made by the noble Baroness, Lady Helic, how will a new peace process be pursued with the country’s ethnic minorities, which could prevent an escalation in armed hostilities and lead to a genuinely inclusive political settlement for all stakeholders?

[Lord Ahmad of Wimbledon (Con)]

My Lords, I join the right reverend Prelate in paying tribute to the courage of many voices in civilian society, including those of religious leaders who are calling for peace. The situation with the Rohingya underlines how religion can sometimes be used as a divisive tool used to target particular communities because of their faith or ethnicity. On the issue raised by the right reverend Prelate about engagement with the military, our assessment is that there is a real fear that, even under civilian administration, we can see the challenges as the situation plays out. I do not feel that, at the moment, we are on the cusp of any real hope of seeing a resolution of the internal civil issues confronting Myanmar. However, we will continue to work through all channels in pursuit of that common objective.

[Baroness Goudie (Lab) [V]]

My Lords, I declare my interest as a member of the All-Party Parliamentary Group on Democracy in Burma. The Minister has talked about sanctions by the United Kingdom. While those are welcome, they will be directed at individual members of the Tatmadaw. Does he agree that the brave activists in Burma need to see tangible action by the international community against the institution of the Tatmadaw? The best way to achieve that is not by withdrawing trade privileges and preferences, which would impact on ordinary Burmese people, but by robust and targeted sanctions on military-owned and controlled companies and their substantial business associates, including those around the world.

[Lord Ahmad of Wimbledon (Con)]

My Lords, I can reassure the noble Baroness that the targeting of sanctions, as and when we impose them, is intended to identify the individuals and organisations responsible for the most egregious abuses of human rights. As I said in my response to the noble Lord, Lord Collins, and the noble Baroness, Lady Northover, we are keeping the situation very much under review. We have noted the actions that others have taken, most notably the United States.

[Lord Campbell of Pittenweem (LD)]

My Lords, yesterday I sought to encourage the Minister to support President Biden on the issue of arms exports. It will therefore come as no surprise to him that I equally seek his support for President Biden’s initiative on sanctions. But may I raise with him the question of live ammunition? In their discussions with the ambassador from Myanmar, have the British Government impressed on him that the mere presence of live ammunition carries the dangerous risk of misjudgment, potentially resulting in fatalities? Live ammunition should neither be on display nor should there be any question of it being used.

[Lord Ahmad of Wimbledon (Con)]

I concur with the noble Lord. I assure him that we have called in the ambassador of Myanmar and conveyed to him that people’s right to protest peacefully should be respected in Myanmar. We have also urged all forces, the police and military in particular, to exercise utmost restraint and to respect human rights and international law. As I said earlier, there have been reports of live ammunition being used, which is appalling, but I concur with the noble Lord’s views.

[Lord Howell of Guildford (Con) [V]]

My Lords, both the Government’s Statement made here and the measures announced by President Biden are encouragingly robust, but does my noble friend agree that sanctions that isolate Myanmar as a whole will merely drive it further into the arms of China? They should therefore rightly be targeted on military leaders, Magnitsky style, and the businesses that they control, as others have rightly argued. Does my noble friend also agree that this is the time for a strong Asian coalition? These steps must have the full support of Myanmar’s main Asian investors, such as Japan. If China wants to regain any respect at all on the international stage, it should support or at least not counter these moves.

[Lord Ahmad of Wimbledon (Con)]

My Lords, again, I assure my noble friend that I agree with him. Our challenge is not with the people of Myanmar and they should not be punished for the military coup. He is right to point out that our sanctions regime targets these specific individuals or organisations, which is the right approach. He also raises a key point about the region itself. We are working very closely with ASEAN partners on this. My colleague Minister Adams, who is responsible for that part of the world, has been speaking directly to counterparts across ASEAN to discuss how to respond to these events directly.

[Viscount Waverley (CB)]

My Lords, this is an appalling state of affairs. Will the Government ensure that democracy must prevail, with severe consequences for coup leaders for not coming to the table immediately? I trust that we will convene a G7, and underpin and implement a new electoral world order, global standards and processes. I was pleased to hear the Minister refer to the G7. However, given that the probability of a coup was on the cards in the days prior, what representations and actions were taken by diplomats to avert this fiasco, including the assurance of continuous support for those brave and principled people of Myanmar who stood up for their rights, as also occurs elsewhere?

[Lord Ahmad of Wimbledon (Con)]

My Lords, I assure you, and as I already alluded to, we are working on the ground through our ambassador. He is co-ordinating with other like-minded partners within country, and we are working directly with allies, such as the United States, ASEAN partners and others, to make the points that the noble Lord has just reflected on.

[Baroness Ritchie of Downpatrick (Non-Afl) [V]]

My Lords, could the Minister confirm whether the Government will work with other like-minded allies to impose a global arms embargo on Myanmar to underpin human rights, particularly as the UK has the presidency of the UN Security Council?

[Lord Ahmad of Wimbledon (Con)]

My Lords, as I have already indicated, the UK is a long-standing supporter of the arms embargo and it is already being applied. Since we left the EU, we transitioned the arms embargo regime from the EU into UK law. The UK autonomous Myanmar sanctions regulations prohibit the provision of military-related services, including technical assistance to or for the benefit of the Myanmar military.

[Lord Triesman (Lab) [V]]

My Lords, my noble friend Lord Collins has already raised the question of the assets of the military leaders and the companies that they control. The point has been made by a number of noble Lords about the support of President Biden. I can say from overnight conversations that President Biden’s Administration are looking very hard at what steps we propose to take, in the same light. The Minister said that we were looking at all the tools and that he feared he would frustrate us in not answering on them, but I know that he is a man of great integrity. What do the Government know about assets held in London and the overseas territories? Will they take steps to sequester and hold them, until they can be provided to the people of Myanmar, for their future? Will he make progress reports to the House on this?

[Lord Ahmad of Wimbledon (Con)]

My Lords, the noble Lord, who served as a Foreign Office Minister himself, knows that I cannot make those specific commitments from the Dispatch Box, but I have noted what he said very carefully. As I indicated in my earlier answers, we are looking at all options to ensure that those who have committed and are behind the coup are also held fully to account. That includes all tools. We have noted the sanctions that the Americans have already acted on and, as I have said several times, when we act together on sanctions, we see a better result.

[Baroness Smith of Newnham (LD) [V]]

My Lords, the Minister’s indication that the Government are thinking of formally intervening in the Gambia’s genocide case against Myanmar, at the ICJ, is welcome. Given the Government’s preference for Parliament to express its views on genocide now, rather than taking things to a court, could the Minister tell the House whether parliamentary interventions and suggestions on how to intervene would be welcome?

[Lord Ahmad of Wimbledon (Con)]

My Lords, I always welcome interventions from parliamentary colleagues. On the specific issue of the ICJ intervention, as I said before, our long-standing position is to support the action that the Gambia has taken. We regard a formal intervention as something that should be measured and timely to make sure that the issue can move on. It does not mean that we are not supportive, because we have not formally intervened. I further assure the noble Baroness that we have been engaging with the APPG, for example, which is looking carefully at these issues. Recently, Minister Adams and I convened a meeting with, among others, my right honourable friend Jeremy Hunt and Rushanara Ali to discuss this very issue.

[Lord Cormack (Con) [V]]

My Lords, I have a very close friend who has a son working in Myanmar. He has informed me that the British embassy has ceased to register British residents in the country. Could my noble friend confirm whether this is correct and whether the embassy is fully staffed? Does he agree that our presidency of both the Security Council and the G7 gives us a special opportunity to become global Britain? Will we convene a special meeting of the G7 and undertake to keep this very deplorable situation on the agenda of the Security Council?

[Lord Ahmad of Wimbledon (Con)]

I believe that I have already answered the question that my noble friend raised on the G7 and the Security Council. On the other issue, we have advised all British nationals to remain at home where possible. There is a nationwide curfew, which makes it a challenge, but if any British national needs to engage, if my noble friend provides me with that information, I will follow up that issue.

[Lord Loomba (CB) [V]]

My Lords, Aung San Suu Kyi was hailed by world leaders as the person who established democracy in Myanmar, through her efforts and sacrifices. However, she was accused of failing to protect Myanmar’s Rohingya Muslims during the 2016-17 persecution. There was a worldwide outcry citing her as complicit in the crimes against the Rohingya. Aung San Suu Kyi is being detained by the army, at present. Notwithstanding the Rohingya issue, world leaders should support her as before, while supporting sanctions. Can the Minister tell us what chances there are of democracy returning to Myanmar again?

[Lord Ahmad of Wimbledon (Con)]

I cannot state firmly what the chances are, but I assure the noble Lord that we are doing all we can to ensure the release of Aung San Suu Kyi and the return of the democratically elected Government.

[Lord Browne of Ladyton (Lab) [V]]

My Lords, it is a credible inference that, in seizing power, General Min Aung Hlaing and the military were partly motivated by the desire to protect themselves and their families from investigation of their corrupt and lucrative financial deals and economic holdings by a strengthened democratic Government. It is certain that they have managed to squirrel away stolen assets in this country, the British Overseas Territories and other democratic countries. Following on from my noble friend Lord Triesman’s question, and recognising the limitations that the Minister is under, beyond sanctions, do the Government have the power and intent to trace, seize and freeze these assets so that, in due course, they can be returned to their rightful owners: the Myanmar people?

[Lord Ahmad of Wimbledon (Con)]

My Lords, as the noble Lord will be aware, the imposition of sanctions means that any accounts held or travel undertaken is limited, so there are specific powers in the sanctions regime.

[Lord Bruce of Bennachie (LD) [V]]

My Lords, as chair of the International Development Committee in the House of Commons I heard and saw at first hand the brutal atrocities committed during the last era of military rule. Given that the Myanmar economy is largely owned by the army, can we ensure that sanctions are targeted to force the military to recognise that the development of Myanmar and its own interests are incompatible with military dictatorship, and that they are applied in a way that helps those protesting against the coup and avoids hitting the poor hardest?

[Lord Ahmad of Wimbledon (Con)]

My Lords, that should exactly be the approach of the sanctions regime.

[Lord Dubs (Lab) [V]]

My Lords, many years ago, when the military were last dictating the country, I visited Myanmar and heard directly from victims of torture about the terrible things that happened. We have the same bunch of people in charge of the country again. I have two questions. First, do the Government have any evidence that the military regime is using torture against its political opponents in Myanmar? Secondly, does the Minister agree that we have to be very careful before any sort of development aid goes to Myanmar, because it will be used to prop up the infrastructure and help the military? We should really oppose any such aid going to Myanmar, except at a local community level.

[Lord Ahmad of Wimbledon (Con)]

My Lords, on the noble Lord’s first question, in all our interactions with the Myanmar authorities after the military coup we have stressed that those held in arbitrary detention must be released immediately, and that while they are in detention they must be afforded all their rights. I am certainly not aware of any evidence of torture. On his second question about support, Myanmar is at a crossroads. That entails a real challenge. We need to ensure that sanctions or any other tools available to us target those behind the coup and do not lead to long-term instability in Myanmar and the surrounding region. However, I accept the point that we need to ensure that the support we give Myanmar at this crucial juncture is targeted at the most vulnerable. Our aid and support in this respect is certainly targeted to do just that.

[The Deputy Speaker (Lord Faulkner of Worcester) (Lab)]

My Lords, the time allowed for questions on the Statement has now elapsed.

Beijing Winter Olympic Games 2022

Lord Ahmad of Wimbledon Excerpts

Wednesday 10th February 2021 Lords Chamber

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

My Lords, we share the deep concern of these organisations regarding human rights violations in China, particularly those perpetrated against Uighurs and other minorities in Xinjiang. The UK has repeatedly taken a leading international role in holding China to account for its actions, including at the UN. We shall continue these efforts and keep further actions that may be required under close review. In respect of the Beijing Winter Olympics in 2022, no decisions have yet been made about ministerial attendance. The participation of the national team in the Winter Olympics is, of course, a matter for our national Olympic committee, which operates independently of government, as stipulated by the International Olympic Committee.

[Lord Addington (LD)]

I thank the Minister for that reply. Will he take back to anybody who is dealing with this the plight of the individual athlete, who may well be making a decision about their one chance to be at the absolute peak of their career—something they may have given their life to? If anybody decides not to go, or is told not to go, they should be given a chance to train sufficiently well to stand a chance the next time around, or possibly to make a career change, because that much we do owe them.

[Lord Ahmad of Wimbledon (Con)]

The noble Lord, as I have become accustomed to, makes a very pertinent and important point about the investment that is made in a person’s training for the Olympics. One look at me and noble Lords will know that I have never aspired in that respect—but, on a serious note, I totally hear the noble Lord, and of course I will take his sentiments back to colleagues within government.

[Lord Wood of Anfield (Lab)]

My Lords, the IOC is bound by the Olympic charter and last year it committed not only to strengthening its human rights strategy but to considering an amendment to the charter regarding members upholding human rights. Do the Government support the incorporation of stronger human rights commitments in the Olympic charter, and would they also support strengthening human rights obligations in future host city contracts?

[Lord Ahmad of Wimbledon (Con)]

Again, in principle, I see no reason why we, as a Government, and I, in my capacity as Human Rights Minister, would not be supportive of both points that the noble Lord makes.

[Lord Alton of Liverpool (CB)]

My Lords, with 1 million Uighurs incarcerated in Xinjiang, does this not conjure up the spectre of Munich? Does the Minister agree that we should now be giving advice to senior diplomats and members of the royal family as to whether they should be attending the Beijing Winter Olympics? If another country were to say that they were willing to host the Winter Olympics, how would Her Majesty’s Government respond?

[Lord Ahmad of Wimbledon (Con)]

My Lords, I cannot answer the noble Lord’s final point; that would require various decisions at different organisational levels, not just by Her Majesty’s Government. On his initial point, I referred to ministerial attendance and, of course, we work with all attendees, including diplomats and the royal household, on future attendances. I note what the noble Lord said, but I cannot go further than that.

[Baroness Northover (LD)]

Is the noble Lord aware that China has apparently threatened the United Kingdom with sanctions in response to even considering a boycott? Therefore, we can see how important the 2022 Winter Olympic Games are to China’s global reputation. Will the Government be keeping any participation at these Games under close review?

[Lord Ahmad of Wimbledon (Con)]

My Lords, as I said in my original Answer, participation will very much be a question for the national Olympic committee itself. What I can say is that there have been no decisions made about ministerial attendance—although I would add that, with the recent challenges we have faced, not many decisions have been made about ministerial attendance in various parts of the world. But I hear what the noble Baroness says.

[Lord Dobbs (Con) [V]]

My Lords, human rights matters, inappropriate activities in our universities, security threats, 5G, Hong Kong and now possibly a boycott of the Winter Olympics—sadly, our relations with China are poor and likely to grow increasingly problematic. Yet, paradoxically, government websites are still encouraging British businesses to invest in China, and we still, I believe, indirectly offer foreign aid to China. It all seems a little inconsistent, so will my noble friend accept that, while we all hope for an improvement in relations with China, it would be sensible to remind ourselves that there are many other exciting trading partners in the Indo-Pacific area, many of which are democracies, and that Britain’s Asia policy should increasingly no longer simply be a China policy?

[Lord Ahmad of Wimbledon (Con)]

My Lords, on my noble friend’s point about strengthening our global relationships across the world, we have specifically talked about the Indo-Pacific region. My noble friend will be aware of the strengthening relationships we have with key democracies in the world, including India. He is right to raise that wider spectrum of relationships. We are looking for strategic dialogue status within ASEAN. On his point about China, I hear very clearly what he says, but I draw his attention to the announcement that my right honourable friend the Foreign Secretary made on 12 January for businesses operating directly with China, particularly with reference to Xinjiang. We continue to keep the situation of business relationships with China under review.

[The Lord Bishop of St Albans [V]]

My Lords, I am sure none of us wants to see a boycott of the Winter Olympics, yet we are seeing unprecedented human rights abuses and we will be judged by future generations on how we respond. Have Her Majesty’s Government considered what actions they might take against companies that are either official sponsors, suppliers or partners of these Games and that are bidding for public contracts?

[Lord Ahmad of Wimbledon (Con)]

My Lords, I direct the right reverend Prelate to the point I made earlier about the 12 January announcement. We are looking to see how we can further strengthen any action that is required in this sphere. Businesses are also responsible for their own actions, but we are looking specifically at a number of the points that the right reverend Prelate has raised.

[Lord Collins of Highbury (Lab)]

My Lords, perhaps I might pick up on the point made by my noble friend Lord Wood. Often, the emphasis for participation is on the individual athlete. Have the Government had any discussions with the national Olympic committee about the operation of the IOC Rule 50, which forbids athletes to protest at Olympic venues? Surely it is time for the IOC to align the Olympic Charter with the UN Declaration of Human Rights—we should not allow athletes to be put in this position again.

[Lord Ahmad of Wimbledon (Con)]

I agree with the sentiments and the thrust of the noble Lord’s question: the onus should really be on an acceptance by all international committees of the UN Charter and the Declaration of Human Rights. The specific interaction is a question for another department, but I shall inquire and write to the noble Lord.

[Lord Robathan (Con)]

My Lords, anyone who doubts the propaganda use to which the Olympics can be put by an authoritarian regime should visit the astonishing, magnificent 1936 Olympic Stadium in Berlin, which is a monument to National Socialism, whereas the boycott—the partial boycott—of the Moscow Olympics in 1980 sent a strong signal to the Soviet Union. So I urge my noble friend to take away the message that we will actually be assisting the Chinese Government in their use of propaganda if we do not condemn the Chinese Government by not sending any Ministers or official representatives to the Olympics.

[Lord Ahmad of Wimbledon (Con)]

I have noted very carefully what my noble friend said. I have already alluded to the fact that we have not yet made any specific decisions, but the decisions and calls we have made about the human rights situation in China have been very clear.

[Lord Singh of Wimbledon (CB) [V]]

My Lords, boycotting the Winter Olympics in China for its brutal treatment of the Uighurs and other minorities would send an important message about the UK’s total commitment to human rights. Will the Minister underline this commitment by also condemning India’s behaviour for its indiscriminate use of tear gas, water cannon and savage police beatings of tens of thousands of farmers in their three-month peaceful demonstration against unjust and unconstitutional laws?

[Lord Ahmad of Wimbledon (Con)]

My Lords, as the Minister responsible for our relationship with India, I reassure the noble Lord that we continue to raise a wide range of human rights concerns in a very constructive manner with India. On the specific issue the noble Lord raised, I assure him that we have reiterated the importance for any democracy of safeguarding a person’s right to protest.

[Baroness Bakewell of Hardington Mandeville (LD) [V]]

My Lords, the Winter Olympics is a wonderful spectacle that we all enjoy watching. However, are we prepared to countenance sending Team GB to a country with such an appalling record on human rights, with Hong Kong in addition to the plight of the Uighurs? Are the Government waiting for a third devastating infringement of human rights before they decide to ignore China’s threats of retaliation before withdrawing ministerial attendance?

[Lord Ahmad of Wimbledon (Con)]

My Lords, we have been very much on the front foot and leading the charge. I have been engaged quite extensively, as the noble Baroness will know, at the Human Rights Council and within the UN framework in raising egregious abuses of human rights, particularly against the Uighurs in Xinjiang. I have already answered on the question of attendance in my original response.

[Lord Balfe (Con)]

My Lords, China has form on this. It threatened the Australians with sanctions about the WHO. Will my noble friend the Minister ask the Government to put this on the G7 agenda so that we can get a co-ordinated response, rather than just one country or another? Of course, it is still not too late to move the Winter Olympics to another venue, but it will be if we let things drift.

[Lord Ahmad of Wimbledon (Con)]

My Lords, on my noble friend’s second point, that is, of course, not a matter for the British Government, but I know what he is saying. On his first point about G7 action, he will have seen increasing co-ordination between G7 members around a values-based system for international human rights and we will continue to co-ordinate with our G7 partners during our presidency.

[Baroness Bennett of Manor Castle (GP) [V]]

My Lords, I declare my position as the co-chair of the All-Party Parliamentary Group on Hong Kong. Given the grave concerns about human rights abuses in China and its position as a source of much sporting equipment and specialist clothing, can the Minister tell me what support the Government are giving to UK sporting bodies to avoid products linked to slave labour and abusive labour practices, such as those widely reported in Xinjiang?

[Lord Ahmad of Wimbledon (Con)]

My Lords, I understand that it is the noble Baroness’s birthday, so I will add my best wishes to her. Picking up on the seriousness and appropriateness of her question, we made announcements on 12 January specifically for companies in the public and private sectors to look at their supply chains. We will announce further details in this respect and we will talk through the usual channels on any further announcements that need to be made.

[Lord Cormack (Con) [V]]

My Lords, I endorse the comments of my noble friend Lord Robathan about the significance of Berlin in 1936 and Moscow later, but particularly Berlin. Unless there is a notable improvement in the next three or four months in the way the Chinese Communist Party treats the people of China, especially the Uighurs, the Chinese Christians and other faith and minority groups, should we not order our athletes and their representative bodies to withdraw from participation in these Games and try and get them moved elsewhere?

[Lord Ahmad of Wimbledon (Con)]

My Lords, let me reassure my noble friend. He will be aware of my commitment to the importance of freedom of religion or belief around the world. This issue is very pertinent to what my noble friend raises. We have talked often about the Uighurs and other minorities within China. It is very much a priority for Her Majesty’s Government. I know it is a priority for our Prime Minister. On the issue of the Olympics and China’s current hosting or a change of venue, as I have already said, that is not a matter for Her Majesty’s Government, but my noble friend makes a very strong point, as others have during this short debate.

[The Deputy Speaker (Baroness Barker) (LD)]

My Lords, the time for this Private Notice Question has elapsed.

Sanctions (EU Exit) (Miscellaneous Amendments) (No. 4) Regulations 2020

Lord Ahmad of Wimbledon Excerpts

Wednesday 10th February 2021 Lords Chamber

Moved by

[Lord Ahmad of Wimbledon]

That the Regulations laid before the House on 15 June 2020, 17 June 2020, 22 June 2020, 19 July 2020, 8 September 2020, 9 December 2020 and 11 December 2020 be approved.

Considered in Grand Committee on 8 February.

Motions agreed.

Yemen

Lord Ahmad of Wimbledon Excerpts

Wednesday 10th February 2021 Lords Chamber

[Lord Collins of Highbury (Lab)]

My Lords, the Biden Administration have reversed Trump’s designation of the Houthis as a terrorist organisation, appointed a special envoy for Yemen, curtailed support for offensive operations by the Saudi-led coalition in the conflict and are supporting the UN-led peace process. On this last point, what are we doing to align ourselves with the United States to bring an end to this conflict, which the UN has described as the worst humanitarian disaster? Will last year’s licensing of £1.4 billion of arms sales be the bigger consideration?

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

My Lords, the noble Lord, Lord Collins, is right to raise the US Administration reversing the previous Administration’s designation of the Houthis, which we welcome. The UK is engaging very closely with the US Administration on this matter and over the past months we have shared our concerns about the designation and the humanitarian situation. Our ambassador to Washington has also met with the new special envoy to co-ordinate our efforts. As the noble Lord knows, we continue to provide humanitarian support. We will initiate further debate on this during our presidency of the UN Security Council and we continue to adopt a very tight regime on arms exports.

[Lord Campbell of Pittenweem (LD)]

My Lords, why yet again have the Government failed to provide a credible explanation for their decision not to join their closest ally and its much welcome new President in suspending arms sales? This war has lasted seven years. The citizens of Yemen have suffered misery, famine and death. What is wrong with assisting the President in the endeavours to break the logjam by giving him unqualified support?

[Lord Ahmad of Wimbledon (Con)]

My Lords, I assure the noble Lord that we are working very closely with the United States on this. We agree that it is important to bring this crisis of humanitarian suffering to an end and work very closely in this respect. On arms sales and export licences, I assure the noble Lord, as I have done previously, that we will not issue any export licence where there is a clear risk of serious violation of international humanitarian law.

[Baroness Helic (Con) [V]]

The claim that the United Kingdom and other countries providing arms to Saudi Arabia were potentially “aiding and assisting” war crimes by the country’s forces in Yemen is a heavy charge to be laid on our country. The Government have indicated that they do not intend to mirror the actions taken by the United States and suspend defence exports to Saudi Arabia. Will they reconsider their decision not to mirror the actions taken by our closest ally, the United States, and suspend defence exports to Saudi Arabia as part of an attempt to end the Yemen conflict?

[Lord Ahmad of Wimbledon (Con)]

My Lords, I have already in part stated the Government’s position in answer to the previous question. Yes, we have an ongoing defence relationship with Saudi Arabia, but it is not just about exports; we also provide valuable training courses, advice and guidance. We have a strong relationship. I assure my noble friend that the issue of international humanitarian law is at the forefront in any exports to the Kingdom of Saudi Arabia or any other country.

[Viscount Waverley (CB)]

My Lords, not achieving objectives is failing. It follows that the war in Yemen is doomed, with the return of Mr Hadi unrealistic and the Houthis not only controlling the areas with the largest proportion of the population but exercising control over Saudi border regions. Would not the best immediate course be external disentanglement in all perceived forms, including cessation of arms to Saudi Arabia—bar supply of critical humanitarian necessities—and, to the extent that Tehran can extend influence on the Houthis, constructive engagement with that country while encouraging Saudi Arabia to come to the table and negotiate its way out of this mess?

[Lord Ahmad of Wimbledon (Con)]

My Lords, I agree with the noble Lord about ensuring that all regional players play their part in bringing about peace in this conflict. We are also very much guided by and integrated into the work, which I am sure all noble Lords acknowledge, of UN special envoy Martin Griffiths; we urge parties to engage with him constructively. The UK has also made available £1.6 million to the UN to run the peace support facility that works with the special envoy and all parties on peace initiatives supported by both sides.

[The Lord Bishop of Coventry]

My Lords, the United Nations predicts that the number of Yemenis experiencing famine-like conditions will reach 47,000 by June, nearly triple that of December. In the light of the signals that US policy towards Yemen is changing, as we have heard, and the upcoming aid review, will the Government commit to at least maintaining their current aid commitments to Yemen? Further to earlier questions, does the Minister agree that the public find it hard to understand how the Government intend to reconcile their role of being both arms seller to Saudi Arabia and peacemaker and aid-giver in Yemen?

[Lord Ahmad of Wimbledon (Con)]

My Lords, on the right reverend Prelate’s first point, we remain very much committed, through the challenging exercise of the reduced total spending, to playing a leading and active role in combating hunger in Yemen. For example, in the financial year 2020-21, we spent £214 million. On his final point on our relationship with the Kingdom of Saudi Arabia, as I alluded to earlier, we have strict criteria on which we agree to exports of arms sales.

[Baroness Clark of Kilwinning (Lab) [V]]

The Minister will be aware that arms sales to Saudi Arabia amount to approximately 40% of the volume of all UK arms sales. Does he agree that UK arms sales and technical support are sustaining the war in Yemen and that we should use the US decision to suspend arms sales to Saudi Arabia as an opportunity to pursue peace talks?

[Lord Ahmad of Wimbledon (Con)]

My Lords, I have already given the Government’s position on arms sales, but I agree with the noble Baroness; we will work very closely with the US and other allies, and through the UN, to ensure that we can bring about peace in Yemen. However, that requires the participation of all parties to the conflict.

[Baroness Nicholson of Winterbourne (Con)]

Will the Minister consider whether it is right and proper for outside parties to continue to pressurise the warring north and south of Yemen to remain together? Would it not be desirable for the Southern Movement, which is highly competent and full of professionals, to be left alone to restore the former living standards of south Yemen and the huge prosperity of the port of Aden?

[Lord Ahmad of Wimbledon (Con)]

My Lords, my noble friend raises an important point about southern Yemen, but I am sure she will agree that it is a question for the Yemeni people. The position of the United Kingdom and the Security Council remains that we support the unity, sovereignty and independence of Yemen. That is why the UK supports an inclusive peace process in this respect.

[Lord Green of Deddington (CB) [V]]

My Lords, does the Minister agree that calls for the suspension of British arms sales to Saudi Arabia are misplaced? This would not help the search for peace; it would simply encourage the Houthis to dig their heels in still further. It would also be extremely damaging to our very important relationship with Saudi Arabia, a country in which I have served twice. Finally, does he agree that the key lies in Tehran and that American diplomatic muscle will be essential?

[Lord Ahmad of Wimbledon (Con)]

My Lords, the noble Lord speaks with experience of that region. I agree that it requires Tehran, the United States, the UN and all parties to come together to finally bring peace to Yemen.

[Lord Judd (Lab) [V]]

My Lords, at a time when the United States and President Biden have shown such a magnificent stand on the principles on which foreign policy should be based, in their reversal of the existing policy on arms to Yemen, is the obstinacy of the British Government, refusing to budge on this, really the hallmark of what they want to be seen as global Britain?

[Lord Ahmad of Wimbledon (Con)]

My Lords, the objective of Her Majesty’s Government is to bring about peace in Yemen. As I have already indicated, this engages us on several fronts. We are second only to the US in the humanitarian support we provide to Yemen. We have engaged quite directly as penholders at the UN Security Council and will continue to do so. I believe I have made our position on arms control and exports very clear on a number of occasions, and again today. However, I assure the noble Lord that we will work very closely with the new Administration in the United States, who have clearly signalled the importance and priority they attach to this issue, in pursuit of the objective—peace in Yemen.

[The Deputy Speaker (Baroness Barker) (LD)]

My Lords, the time allowed for this Question has elapsed.

Bank for International Settlements (Immunities and Privileges) Order 2021

Lord Ahmad of Wimbledon Excerpts

Wednesday 10th February 2021 Grand Committee

Moved by

[Lord Ahmad of Wimbledon]

That the Grand Committee do consider the Bank for International Settlements (Immunities and Privileges) Order 2021.

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

My Lords, this order was laid on 11 January 2021 under the affirmative procedure. It confers immunities and privileges on the Bank for International Settlements, BIS in short, that have been negotiated as part of a host country agreement to support the establishment of a new BIS innovation hub in London. The order is required so that the UK is able to comply fully with its obligations under the host country agreement. Before I go into further detail about the order, please allow me to provide some policy context.

In June 2020, it was announced that the Bank of England was successful in its bid to host a BIS innovation hub in the United Kingdom. The hub will conduct research on how new technology may change the way financial services operate in the future and help the global central banking community ensure that this innovation does not have a negative impact on consumers and the stability of the financial system. Most importantly, the hub will help develop and share best practices with central banks across the world, including in developing countries.

As we all recognise, the United Kingdom is a global leader in financial innovation and technology, and the UK’s fintech sector is worth nearly £11 billion annually to the economy. This success is largely due to the UK’s policy and regulatory expertise in financial innovation and fintech, and London being selected to host the hub reflects that. To pick just one example, the UK was the first jurisdiction globally to implement a “regulatory sandbox” to support financial firms in the testing of innovative products and services. This initiative has now been replicated by countless regulators around the world.

As countries, particularly developing ones, grapple with the emergence of new financial technologies and the rapid increase in the use of digital payments, it is only right that we support the creation and sharing of best practice in this area with the international community. Let me now turn to the details of the order.

This order confers legal capacity and immunities and privileges on the BIS and persons connected with the bank, such as staff and secondees. These have been negotiated as part of a host country agreement. The International Development Act 2002 allows the Government to give effect to such provisions made in an agreement establishing an international financial institution. The negative order linked to this order, which came into force on 1 February, added the BIS to the list of international financial institutions referenced in the 2002 Act.

The BIS is an international financial institution, headquartered in Switzerland, with a mandate to support global monetary and financial stability. It therefore shares similar policy objectives with other international financial institutions, such as the International Bank for Reconstruction and Development and the International Finance Corporation, which are part of the World Bank Group. I can reassure noble Lords that the proposed legislative changes make no other amendments to the International Development Act and that the immunities and privileges afforded to persons connected with the bank, such as staff and secondees, are strictly limited to those required for them to conduct their official activities and are not for their personal benefit.

It is customary practice to grant immunities and privileges to international financial institutions to enable them to function and they are in line with those offered to officials of other international financial institutions of which the UK is a member. These include immunity from suit and legal process for its staff in respect of their official acts, and tax exemption. They do not include immunity in respect of road traffic accidents.

To conclude, this order confers only those immunities and privileges on the Bank for International Settlements and persons connected with the bank such as staff and secondees that are necessary for the institution to function effectively and conduct its official activities in the UK. The new BIS innovation hub will help to ensure that rapid advances in financial innovation will benefit consumer outcomes and, as I said, support financial stability. This is an area where the United Kingdom already enjoys a competitive advantage and the hub will help to share best practice with the international central banking community, including throughout the developing world. I beg to move.

--- Later in debate ---

[Lord Ahmad of Wimbledon (Con)]

My Lords, first, let me say that I am extremely grateful to noble Lords for their contributions and support in welcoming this new initiative and the success that we have achieved with the Bank of England’s successful bid to host the innovation hub of the new Bank for International Settlements in London.

A number of noble Lords, including the noble Lord, Lord Collins, and the noble Baroness, Lady Northover, referred to the bidding process and greater levels of transparency. Obviously, when the Bank of England bids in any confidential process, certain things are very much part and parcel of the bidding process as it is made.

I am sure that noble Lords recognise—indeed, several of them referred to this—that one of the main bases on which this bid was successful was the recognition of the City of London as the leading global international financial capital. Although it was some time ago now, I declare a mild interest related to this as someone who worked in the City for more than 20 years. This decision further recognises the importance of infrastructure and innovation in the context of the City of London. Notwithstanding our departure from the European Union, it is a real boon for the UK economy and our place as a global Britain around the world.

I will now pick up on some of the specific questions. Some technical questions were raised by the noble Lord, Lord Collins, with reference to specific Acts. On the specifics of how this order relates to other Acts, I will write to him to ensure that we are correct in the detail.

Picking up on the point about immunities and privileges made by the noble Baroness, Lady Whitaker, my noble friend Lord Kirkhope, and the noble Lord, Lord Bhatia, it is standard practice for international organisations, including international financial institutions and their staff, to be accorded immunities and privileges by host Governments. The noble Lord, Lord Collins, also raised the issue of the Government’s approach to this. The immunities and privileges granted to international organisations, such as international financial institutions, should be granted primarily on the basis of strict functional need. The host agreement grants legal capacity to the BIS so that it can enter contracts and have a UK bank account, for example. As I stated in my opening remarks, immunity from legal processes is granted because it is necessary to ensure that the BIS and other persons connected to the bank, such as staff and secondees, have the independence necessary for them to carry out their functions. However, the noble Baroness, Lady Whitaker, among others, raised the issue of abuse of this. I assure her that where this is suspected, the privileges and immunities will be revisited and the institution will be asked to waive these specifically.

My noble friend Lady Wheatcroft speaks with great insight and experience of the City of London. She talked about how staffing will work in this new innovation hub. The converse argument was presented by the noble Baroness, Lady Northover. We want to allow the best and the brightest to be recruited. In regard to issues around immigration, yes, we continue, as anyone who has worked in the private sector or elsewhere will recognise, to want to see the best of homegrown talent come forward, but equally to allow for an international hub to benefit from international talent. The BIS is set up, if I may put it this way, to attract the best and the brightest.

The issue of cryptocurrency, interestingly, was raised, and rightly so. There has been a lot of topical discussion on this. The noble Baroness, Lady Northover, the noble Lord, Lord Collins, and my noble friend Lady Wheatcroft talked specifically about regulation. Regulation of financial services over time has demonstrated that, at times, voluntary measures are introduced, but there is a requirement to provide for the security and safety of all investments that might be made. With the growth of bitcoin, I totally recognise the lack of a regulatory environment in which the bitcoin sector operates and the vulnerabilities of people who invest in it without the security of other investments. I assure my noble friend that this will form part of our G7 workstreams. Among others, the FCA has taken steps towards looking at regulation in this respect.

My noble friend Lord Kirkhope also talked specifically about the IMO and other international organisations. Under this order, we have reflected the status of the bank as an international financial institution. My noble friend and others, including the noble Lord, Lord Collins, referred to the powers that we were granted under the International Organisations Act 1968 and asked why we are not using them. As the BIS is considered an international financial institution, the International Development Act 2002 was deemed the most appropriate route to confer immunities and privileges, rather than the International Organisations Act 1968. For example, the Bank for International Settlements does not fall directly within the scope of international organisations covered by Section 1 of the IOA 1968, which is limited to organisations of which the UK or HMG are members. The BIS is a membership organisation of central banks, not Governments themselves. It is the Bank of England, not the UK, that is a member of the BIS.

My noble friend Lord Kirkhope also talked about extending the scope beyond the current membership of the BIS. Of course, that is primarily a matter for the BIS. As the noble Baroness, Lady Northover, also recognised, there are now 63 central banks and monetary authorities which are currently members of the BIS, and which can vote and are represented at meetings. I will share some facts and figures with noble Lords. Of the current membership by income status, 70% are from advanced economies and 30% from developing economies. To give noble Lords a sense of geographical breakdown, 54% are from Europe, 15% from Asia, 10% from Latin America, 8% from MENA and 3% from Africa. Membership is not required for central banks to benefit directly from the BIS’s research. For example, 300 organisations from 160 countries already benefit from access to its Financial Stability Institute’s web-based information tool. However, I fully acknowledge what noble Lords have raised, including my noble friend Lord Kirkhope. As we strengthen the role of the City of London, we will continue the UK’s global role in the world and particularly in financial services, focusing on the importance of widening the scope so that all parts of the globe, including, most importantly, the developing parts, benefit from fintech and the innovations provided by this new hub.

The noble Baroness, Lady Northover, the noble Lord, Lord Collins, and my noble friend Lord Kirkhope—I thank him for his description of my charm and powers of persuasion—referred to the issue of the EU delegation to the UK. The update on this is that we continue to engage with the European Union on the arrangements for the EU delegation. These are ongoing discussions, and I do not want to pre-empt any particular outcomes. However, I have noted noble Lords’ concern and reflections on this important issue.

The noble Lord, Lord Bhatia, also talked about the importance of privileges and immunities. I believe that I covered that in part through the assurances that I provided.

The noble Baroness, Lady Northover, rightly raised concerns over the situation in Hong Kong and how that will be reflected in the work of the office there. As she will appreciate, at the moment the situation is very fluid, and of course we are concerned by developments more broadly in Hong Kong, as the noble Baroness will be fully aware. She also raised the importance of co-ordination across key centres and offices of the institution and named a number of cities in this respect. Again, that underlines the importance of the financial services sector, its connectivity and how innovation and technology will further enhance the manner in which international financial centres further co-ordinate these activities. As all noble Lords will know, the BIS is often referred to as the bankers’ bank—that is, it is the bank which provides settlements for central banks—so its role is even more crucial.

The noble Lord, Lord Collins, also raised a technical point about traffic accidents. As far as I am aware—if this is not correct, I will amend the record—it is very much standard to grant that exemption from privileges and immunities, in the manner in which privileges and immunities work for international agreements.

I believe that I have covered the majority of the questions which were raised specifically on this issue. I conclude my remarks by saying once again that, if there are any additional points that I have not covered, I will write to noble Lords in the appropriate way and place a copy of the letter in the House of Lords Library.

Finally, this is a recognition of the City of London’s continued strength. I believe the innovation hub will lend itself to further innovation and technology advancements within the City of London, not just to retain the strength of the City as a global financial centre but to continue to retain its position as the leading financial centre in the world.

Motion agreed.

Overseas Territories: Humanitarian and Disaster Relief

Lord Ahmad of Wimbledon Excerpts

Tuesday 9th February 2021 Lords Chamber

[Lord Lancaster of Kimbolton]

To ask Her Majesty’s Government what assessment they have made of the United Kingdom Overseas Territories’ preparedness for humanitarian and disaster relief operations.

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

My Lords, the FCDO and MoD provide significant support to Bermuda and the Caribbean territories to ensure that they are ready for the annual hurricane season. The FCDO has helped to establish search and rescue capabilities in the territories, and new defence regiments in the Cayman Islands and the Turks and Caicos Islands will be trained to respond to such disasters. The FCDO continues to invest in capability building to ensure that territories are ready for a range of humanitarian and disaster operations.

[Lord Lancaster of Kimbolton (Con)]

The Royal Navy has a forward presence in the Caribbean during hurricane season to support our overseas territories, but the real challenge is getting access to islands once the hurricanes hit, as the ports and airports can be damaged. That is why in 2017, post Hurricane Irma, we raised two new Army Reserve units on the Cayman Islands and the Turks and Caicos Islands to deliver humanitarian assistance and disaster relief on island and open those ports. These have been a tremendous success with strong local support, and I was privileged in my military capacity to see the commissioning of the first officers at Sandhurst last year. Can my noble friend the Minister tell us whether there are now plans to raise similar units on Anguilla and the British Virgin Islands?

[Lord Ahmad of Wimbledon (Con)]

My Lords, I first pay tribute to my noble friend for his work during his term as Minister for the Armed Forces in creating, and being instrumental in establishing, these new units in both the Cayman Islands and the Turks and Caicos Islands, which joined Bermuda in this respect. He is quite right: these provide operational capacity and capability within the territories. No other territory has yet expressed an interest in establishing defence forces, but I assure my noble friend that we stand ready to support them if indeed they wish to do so.

[Lord West of Spithead (Lab)]

My Lords, as we speak, HMS “Medway” is on station in the West Indies, providing reassurance and support, safeguarding our north Atlantic Caribbean territories and getting to know the many islands and their civilian emergency services and support facilities, so as to assist in an emergency, whether it be a hurricane, volcanic eruption or instability caused by the drugs trade. Warships can move hundreds of miles a day, and offer communications, engineers, medics, food, fresh water and resilient, disciplined manpower. Bearing in mind that we have overseas territories across the south Atlantic, in the Indian and Pacific oceans, some with the largest marine protection zones in the world, does the Minister believe we have sufficient ships to safeguard them and their resources appropriately?

[Lord Ahmad of Wimbledon (Con)]

My Lords, I can assure the noble Lord that we have sufficient resources, in respect of both the military operations and the support. I have myself seen the strength of having military assets within the territories during and in the aftermath of such hurricanes. We all remember RFA “Mounts Bay” playing a sterling role as first responder. I assure him that, together with our military assets and the other investments we have made, we stand ready to support our territories within the region.

[Baroness Northover (LD)]

My Lords, as the Minister himself has admitted, the Government reacted too slowly to the devastating 2017 hurricanes in the Caribbean. In 2018, the Government, including the noble Lord, Lord Lancaster, announced that they hoped to secure multinational co-ordination in the region. What progress has been made?

[Lord Ahmad of Wimbledon (Con)]

My Lords, I will look at Hansard—I do not think I admitted to that. What I did say was that we had to respond afterwards; we had assets in the region. I am sure the noble Baroness will recall that we were among the first countries to react and work with key regional partners. I can assure her that we have been investing and working with regional partners. The multinational co-ordination cell of the Caribbean is a UK concept, and we are working with key partners from the United States and France and the Netherlands and Canadian militaries to co-ordinate a large-scale response if indeed the tragedy of hurricanes should hit again.

[Baroness Hooper (Con)]

My Lords, given the rich biodiversity of the overseas territories, where it is generally recognised that 94% of unique British species are to be found, what special assessment and consideration is given by the Government to this aspect of preparations for disaster relief emergencies?

[Lord Ahmad of Wimbledon (Con)]

My Lords, my noble friend is right to draw attention to the important work in this respect. The UK’s Darwin Initiative supports the OTs to increase their resilience in the face of climate change by funding projects. The CSSF has also provided OTs with over £4.6 million for capacity building through the Maritime and Coastguard Agency, and we are very proud of the 4.3 million square kilometres of MPAs within our overseas territories.

[Lord Singh of Wimbledon (CB) [V]]

My Lords, the Government and our Navy are to be congratulated on their timely assistance to our Caribbean and other overseas territories. Does the Minister agree that recurring natural disasters are a fact of life for many, and that the best way of mitigating suffering is to facilitate co-operation between territories in the regions to share best practice and ensure the pooling and rapid deployment of resources to the affected areas?

[Lord Ahmad of Wimbledon (Con)]

I can assure the noble Lord of that, as I said to the noble Baroness, Lady Northover. We work very closely with CDEMA, the regional emergency response agency in the region.

[Lord Collins of Highbury (Lab)]

My Lords, in an FCO press release in July 18, announcing the measures that we were taking to support the overseas territories following 2017, the Minister said we were going to work with partners for an “effective and strategic response” for future hurricanes. One of the four priorities of the Sendai framework is disaster risk governance and how we manage disaster risk. Can he tell us what mechanism the Government have put in place to support the overseas territories to do exactly that?

[Lord Ahmad of Wimbledon (Con)]

My Lords, I assure the noble Lord that we have done just that. In the event of a major hurricane impact, the relief and recovery unit leads on providing immediate and medium-term programme funding response. I have already referred to the multinational co-ordination cell within the Caribbean, and we work very closely with CDEMA specifically. It is based in Bermuda but, at the moment, given the Covid crisis, it is set up on a virtual basis.

[Baroness Smith of Newnham (LD) [V]]

My Lords, the Minister said that other overseas territories have not asked to have reserve units to deal with crisis response. Will the Government consider being proactive and suggesting to some of our overseas territories that it would be a good idea to follow the example of the Turks and Caicos?

[Lord Ahmad of Wimbledon (Con)]

My Lords, we were proactive; in this I pay tribute once again to my noble friend. It was he who wrote to me and we then acted together; he facilitated the training. However, I take on board the noble Baroness’s point, and we will continue to present the benefits of such regiments to all the territories.

[The Lord Bishop of Coventry]

My Lords, climate change is the context in which this conversation is happening. Given the marine diversity and repository of so much of the world’s biodiversity in the overseas territories, how will the Government ensure that the voices of the overseas territories will be amplified in the forthcoming COP 26 summit?

[Lord Ahmad of Wimbledon (Con)]

My Lords, as the Minister for the Overseas Territories, I assure the noble Lord that I have a loud voice in the Government, and I will ensure we do just that.

[Lord Randall of Uxbridge (Con) [V]]

My Lords, I declare my interest as a trustee of the UK Overseas Territories Conservation Forum. My noble friend the Minister will be aware of the environmental disaster affecting the coral reefs in the Caribbean, caused by stony coral tissue loss disease. This will have an enormous knock-on effect on tourism and, consequently, the economy of these overseas territories. Our noble friend Lord Goldsmith of Richmond is being extremely helpful with the environmental side, but will the Minister look into what further the FCDO can do to assist and avert what potentially could be a real disaster for those overseas territories?

[Lord Ahmad of Wimbledon (Con)]

I assure my noble friend that my noble friend Lord Goldsmith does not carry responsibilities only in Defra; he is also a Minister at the FCDO, and his views are well represented in our discussions on the point that my noble friend raises.

[Lord McConnell of Glenscorrodale (Lab)]

My Lords, when the United Nations sustainable development goals were agreed in 2015, resilience from the shocks of extreme weather events was a key element of the purpose behind agreeing them in such a comprehensive fashion. In their discussions with the overseas territories and others, will the Government ensure that setting a framework within the sustainable development goals is part of the long-term strategy for improving resilience to extreme weather events, rather than just reacting to them?

[Lord Ahmad of Wimbledon (Con)]

The noble Lord makes a very valid and practical point. That is exactly the focus for ensuring long-term resilience, as he suggests.

[Lord Flight (Con)]

My Lords, sending disaster relief can be less than successful and very expensive. There is thus a case for overseas territories having their own reserve units. As an example of those set up through my noble friend’s help, the Caymans and the Turks and Caicos have their own units. I believe that the Channel Islands have had reserve units for two or three centuries, or more. For how many other British Overseas Territories would it be viable to have their own reserve units?

[Lord Ahmad of Wimbledon (Con)]

I assure my noble friend that we are taking the example of the territories that have established these reserve units to see how others can build up their capacity and capability. I continue to engage with my noble friend who initiated this process. I assure my noble friend Lord Flight further that the overseas territories work very much in a collaborative fashion, as I have seen myself, whether in the sharing of assets or training, or in learning from each other. We as a Government facilitate those discussions.

[The Lord Speaker (Lord Fowler)]

My Lords, all supplementary questions have been asked and we now move to the fourth Oral Question.

Shawcross Report: Compensation for Victims

Lord Ahmad of Wimbledon Excerpts

Monday 8th February 2021 Lords Chamber

[Lord Hay of Ballyore]

To ask Her Majesty’s Government when they plan to publish the report by William Shawcross on compensation for victims of Libyan-sponsored IRA terrorism; and what steps they are taking in response to the findings of that report.

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

My Lords, I am sure I speak for the whole House in expressing our deepest sympathies to the victims of Gaddafi-sponsored IRA terrorism, and indeed to all the victims of the Troubles in Northern Ireland. This is an important issue and we recognise that Parliament takes a close interest in it. Ministers across government are carefully considering the internal scoping report that Mr Shawcross has produced in order to do justice to the important and sensitive issues that it covers, giving due respect to the victims.

[Lord Hay of Ballyore (DUP) [V]]

My Lords, the finding of the Shawcross report was submitted to the Government last May, and I have to say that it is deeply regrettable that the report has not been released. Sadly, as in so many other cases, many victims of republican terrorism continue to feel abandoned by the process, and some rightly ask why they must continue to wait for justice. The Minister will be aware that there has been a long campaign for the frozen assets of Colonel Gaddafi to be used to compensate the victims of Colonel-Gaddafi-sponsored IRA terrorism, in line with that previously paid out to French, German and American victims of Colonel-Gaddafi-sponsored terrorist attacks. Does the Minister agree that every effort must be made by the Government to support the victims in their long struggle for justice? The delay in the release of the report has left them feeling abandoned, hurt and betrayed.

[Lord Ahmad of Wimbledon (Con)]

My Lords, I note what the noble Lord has said. On the delay, the challenges of the pandemic have meant that we wanted to give the report appropriate discussion across Westminster. I assure the noble Lord that we put victims at the heart of our approach. He mentioned victims from other countries, and he will of course note that where there are direct victims—in the case of the United Kingdom, those around Lockerbie—appropriate compensation has been paid out.

[Lord Harris of Haringey (Lab) [V]]

Oh, come on, my Lords: the Government have sat on this report for almost a year. The first excuse, which the Minister has repeated, was Covid. Then, in response to an FOI request, the excuse was that it would affect unspecified British interests abroad; next, that it would somehow prejudice relations with the Northern Ireland Executive; and, lastly, that it contains private and confidential information, which presumably could be redacted. So what is the real reason? US victims of Gaddafi-backed terrorism have been compensated. There are £12 billion-worth of frozen Libyan assets in the UK. Last year, the Government promised that they were committed to supporting the victims of Libyan-sponsored IRA terrorism, so why have they been dragging their feet?

[Lord Ahmad of Wimbledon (Con)]

My Lords, I believe I have already answered the noble Lord in part. I do not agree with him that we have been dragging our feet. As I said, the report is wide-ranging, and we are giving it careful consideration. On the asset freeze that he specifically mentioned, he will know that UK regulations prohibit any dealings with assets owned, held or controlled by designated persons, as specified in law. I note what the noble Lord has said, but I assure him that we are looking at this across government.

[Baroness Suttie (LD) [V]]

As others have said, it is now over nine months since William Shawcross submitted his report to the Government and over a year since new wider commitments to legacy issues were set out in New Decade, New Approach, yet victims are still waiting for action. Even given the complications caused by Covid, does the Minister not accept that this is an unacceptably long wait for the victims, who have already waited for so long?

[Lord Ahmad of Wimbledon (Con)]

My Lords, at the risk of repeating myself, as I have said, yes, I accept the premise of the noble Baroness’s question about the delays caused by Covid, but equally the report needs a measured response. I assure the noble Baroness and all noble Lords that we are looking at it very carefully.

[The Deputy Speaker (Lord Lexden) (Con)]

My Lords, the next question, which I myself was due to ask, in strong support of the noble Lord, Lord Hay, is withdrawn because of unexpected Woolsack duties. I call the noble Lord, Lord Berkeley of Knighton.

--- Later in debate ---

[Lord Berkeley of Knighton (CB) [V]]

My Lords, does the Minister accept that, very often, when Governments—I put it in the plural because it is not just this Government—sit on reports, that has a disproportionate effect on the febrile imagination of people looking on, because they assume that something is being hidden? Even more important in this case are the victims. We have heard of their pain and suffering, and it is quite possible that some of those victims will die before they get compensation. Is that an aspect of the speed of this that worries the Minister, and how is he going to address it?

[Lord Ahmad of Wimbledon (Con)]

My Lords, as ever, I note the concerns that noble Lords are expressing on this important and sensitive matter. Again, I assure the noble Lord that we are looking at this with the victims fully in mind and at the heart and centre of our approach.

[Lord Collins of Highbury (Lab)]

My Lords, in 2019 it was reported that the UK Government had collected £17 million in tax on the £12 billion of frozen Libyan assets. All the while, victims have received no compensation. How can that be right?

[Lord Ahmad of Wimbledon (Con)]

My Lords, in accordance with international law, when assets are frozen they continue to belong to the sanctioned individual or entity—in this case, the Libyan state. Any revenue raised specifically from frozen assets would have gone into the Government’s Consolidated Fund. I assure the noble Lord that the victims of such actions, and terrorism, are very much at the front of the Government’s mind and we will seek to continue to support victims across the piece when it comes to issues of terrorism.

[Lord Thomas of Gresford (LD) [V]]

My Lords, I served on the Criminal Injuries Compensation Board for Great Britain until 1992. There was then a concurrent scheme for Northern Ireland, which was subject to a strict one-year limitation period for claiming, without any discretion to extend, save for children. Would it not be desirable now—particularly if the Government are in receipt of income from frozen Libyan assets in the way of tax—to open up a window of, say, six months, for claiming on an ex gratia basis for those who were too terrified or intimidated to claim as victims of terrorist acts at the time?

[Lord Ahmad of Wimbledon (Con)]

My Lords, I note what the noble Lord has said but, as he will appreciate, I cannot respond to the specific terms of his proposals. He will be aware that in January 2020, in the absence of the Northern Ireland Executive, the UK Government did legislate to establish a victims’ payment scheme. The Northern Ireland Executive are responsible for delivering the scheme, which will be open for applications from March 2021.

[Baroness Hoey (Non-Afl)]

My Lords, does the Minister really understand how the victims of Libyan-sponsored IRA terrorism feel genuinely abandoned by this Government? Other countries’ Governments all negotiated substantial payments for their victims—victims of the Docklands bombing of 25 years ago tomorrow, of the Harrods bombing and of the Enniskillen bombing, all got compensation. Why will the Government not even commit definitely to publish the Shawcross report? Have they got something to hide, or are they perhaps trying to protect the republican movement and aspects of people in the IRA? Will the noble Lord the Minister now commit that Her Majesty’s Government will veto any attempt by the United Nations Security Council to release the millions of pounds of assets held in London banks unless there is a deal with the United Kingdom on compensation for the victims?

[Lord Ahmad of Wimbledon (Con)]

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

[Baroness Rawlings (Con) [V]]

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

[Lord Ahmad of Wimbledon (Con)]

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

[The Deputy Speaker (Lord Lexden) (Con)]

My Lords, the time allowed for this Question has elapsed. We now come to the second Oral Question.

Tigray

Lord Ahmad of Wimbledon Excerpts

Monday 8th February 2021 Lords Chamber

[Baroness Anelay of St Johns]

To ask Her Majesty’s Government what assessment they have made of (1) the impact of the conflict in Tigray upon the stability of the Horn of Africa region, and (2) the implications of that conflict for their Overseas Development Assistance policy.

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

My Lords, we are concerned about the impact of the conflict in Tigray on the humanitarian situation and wider regional stability. My right honourable friend the Foreign Secretary urged all parties to bring an end to fighting, prioritise the protection of civilians, allow unfettered humanitarian access and preserve regional stability when he met Prime Minister Abiy on 22 January. As a result of the conflict, the UK is considering its safe delivery model in Ethiopia. Our priority remains to support Ethiopians in need, which we will do by supporting the most vulnerable in the country.

[Baroness Anelay of St Johns (Con) [V]]

My Lords, I welcome last week’s agreement allowing the UN access to Tigray, whereas some refugees are reduced to eating tree bark as a result of the Ethiopian Government blocking humanitarian access. What specific action will the UK take during its presidency of the UN Security Council to resolve the crisis in a country which is the fourth-highest recipient in the world of UK aid?

[Lord Ahmad of Wimbledon (Con)]

My Lords, my noble friend makes a very pertinent point. The situation on humanitarian access remains dire in country, as was emphasised by my right honourable friend the Foreign Secretary during his visit. Regarding the UN Security Council point, on 3 February, UN Security Council members under the UK presidency discussed the humanitarian situation. At that time, we also heard from Sir Mark Lowcock, who heads up humanitarian affairs at the UN. The situation remains very challenging, but we will continue to implore all sides to allow unfettered humanitarian access.

[Lord Anderson of Swansea (Lab)]

My Lords, although in receipt of budgetary support, the federal Government can find resources to carry on this war, and allegedly are using starvation as a weapon of war. In 2019, we gave Ethiopia £300 million in bilateral aid, which was then the second-highest amount, after Pakistan. Does this give us any leverage at all in this conflict, and will we and the international community be expected to pick up the vast bill for the reconstruction of Tigray?

[Lord Ahmad of Wimbledon (Con)]

My Lords, the noble Lord is right to raise bilateral support. Ethiopia remains one of the largest recipients of UK support, although, as I said in my original Answer, we are reviewing, particularly with an eye on Tigray, whether that support is getting through. The noble Lord also raises a valid point about the leverage that this provides. I assure him that we are talking directly to the Ethiopian Government about the support that we give to the most vulnerable, to ensure that it reaches those most in need.

[Baroness Stuart of Edgbaston (Non-Afl) [V]]

My Lords, in January 2021, the UN High Commissioner for Refugees learned of additional military incursions consistent with open-source satellite imagery showing fires and other signs of destruction at two Eritrean refugee camps in Tigray. Have Her Majesty’s Government made any representations on an independent investigation into human rights violations in those camps?

[Lord Ahmad of Wimbledon (Con)]

My Lords, the noble Baroness is right to raise those camps. We have raised concerns directly. Our ambassador on the ground has also raised concerns with the Eritrean authorities. I assure the noble Baroness that the issues of violence in this conflict, particularly gender-based violence and sexual violence, are at the forefront of our approach and challenges, and once the situation settles, we must ensure that perpetrators are held fully to account.

[Baroness Sugg (Con) [V]]

My Lords, the UN interagency response plan for this crisis is less than 60% funded, and the UK has an important role to play here, but nearly three months on from the announcement that the Government will cut £4 billion from our overseas development budget, we have yet to see any details of how these cuts will be made. Will they come from UN agencies, which are doing such vital work in Tigray, or from bilateral programmes such as our important nutrition work in Ethiopia? Can my noble friend the Minister tell us when any information on these cuts will be made available to Parliament?

[Lord Ahmad of Wimbledon (Con)]

My Lords, I can assure the noble Baroness that we are focused very much on ensuring that the most vulnerable are supported in this conflict, particularly those in Tigray, and our funding—whether through multilateral or bilateral support—is focused on that. On the specifics of future funding, we are currently reviewing our ODA budget for this year, and I will, of course, share that with my noble friend as soon as that decision is made.

[Baroness Northover (LD)]

My Lords, the BBC reports that an immense tragedy is unfolding in Tigray. Has anyone from the British embassy, other members of the diplomatic community or one of the four African Union special envoys been able to visit Tigray to make an independent assessment of the situation? Do the UK Government have firm evidence of the involvement of Eritrean forces in Tigray?

[Lord Ahmad of Wimbledon (Con)]

My Lords, on the noble Baroness’s final point, we need to ensure that all the facts are fully available before any assessment is made, but undoubtedly the Eritrean forces have been present. We continue to call for full cessation and the allowing of humanitarian access. That is why we have continued to emphasise that some NGOs are operational, specifically in Tigray. When the Foreign Secretary visited Ethiopia, he called for unfettered access into the region. I will continue to update the noble Baroness as further details unfold.

[Lord McColl of Dulwich (Con) [V]]

My Lords, in order to ensure that our aid to the Horn of Africa reaches the right people, is it still Government policy to give aid to charities that are reliable and transparent, such as the Tropical Health and Education Trust, CAFOD and others in the same league that are free from somewhat dubious political activities?

[Lord Ahmad of Wimbledon (Con)]

My Lords, I can assure my noble friend that that very much remains our focus and approach.

[Lord St John of Bletso (CB)]

My Lords, apart from the humanitarian crisis in Tigray, what actions are being taken to protect the key strategic trade routes to the Horn of Africa? In the knowledge that the region is highly vulnerable to climate change and water security issues, and with Ethiopia controlling the Grand Ethiopian Renaissance Dam, what measures are being taken to address tensions relating to trans-boundary water relations?

[Lord Ahmad of Wimbledon (Con)]

My Lords, the noble Lord raises extremely important points, particularly in respect of strategic locations. This is why we have taken a very strong approach through a direct intervention by the Foreign Secretary in country. The matters he raised in terms of both the situation in Tigray and the wider implications were very much part of his discussion with Prime Minister Abiy when he was in country.

[Lord Collins of Highbury (Lab)]

My Lords, I pick up the point made by the noble Baroness, Lady Sugg, on the impact of some of the cuts in our bilateral programmes, but also in our multilateral programmes. As food security is obviously a critical issue in the Horn of Africa, will the Minister tell us whether we will make food security a priority at the G7 summit, which will take place later on this year?

[Lord Ahmad of Wimbledon (Con)]

My Lords, there are many elements in the G7 discussions, but the noble Lord is right to raise the issue of food security. In any conflict zone, that becomes an immediate personal priority and I support his view. We have managed in Ethiopia, over many years, to support efforts on sanitation, school education and avoiding famine. However, the situation in Tigray in particular remains extremely worrying, not just with regard to the refugees in nearby Sudan but also with regard to the internally displaced refugees, whose numbers at the moment are very fluid.

[Lord Oates (LD)]

My Lords, what discussions have the UK Government, as president of the Security Council, had with the African Union on efforts to find a peaceful resolution to the conflict and to secure urgent humanitarian access to Tigray?

[Lord Ahmad of Wimbledon (Con)]

My Lords, the noble Lord is right that there are important discussions to be had. I have already alluded to the UN Security Council meeting. In addition to this, we are talking to key players within Africa, most notably leaders in Sudan and South Africa, among others. We emphasise the important role of the UN and other agencies, as well as the African Union, in finding a resolution to this conflict.

[Lord Singh of Wimbledon (CB) [V]]

My Lords, with more than 6 million sick and starving refugees from the conflict, does the Minister agree that the first priority must be the cessation of violence and the setting up of a round-table meeting with both sides and UN officials to establish safe conditions for the supply and distribution of urgently needed humanitarian aid?

[Lord Ahmad of Wimbledon (Con)]

I totally agree with the noble Lord’s view.

[Lord Flight (Con)]

My Lords, I am sure that the Government are aware that the World Food Programme has already commenced distributing food in the Tigray region to the tune of 20,000 tonnes to support around 1.3 million people. As nearly 3 million need help, will the Government support the UN in its efforts to provide extra aid to extend that supply to the other 1.7 million people?

[Lord Ahmad of Wimbledon (Con)]

My Lords, my noble friend is right to raise the issue of the UN World Food Programme, which has provided food assistance for 2.9 million people. He will be pleased to hear that, thanks to this being a priority issue for us, we now have an envoy, Nick Dyer, who covers humanitarian issues, conflict and famine, and who has visited Ethiopia to determine what the current priorities are. As I said to noble Lords in answer to previous questions, the situation in Tigray itself remains very fluid. A lot of the details are unknown, which is why we will continue to press, as the first priority, for unfettered humanitarian access to the region.

[The Deputy Speaker (Lord Lexden) (Con)]

My Lords, all supplementary questions have been asked and answered and we will now move on to the next Question.

Sanctions (EU Exit) (Miscellaneous Amendments) (No. 4) Regulations 2020

Lord Ahmad of Wimbledon Excerpts

Monday 8th February 2021 Grand Committee

Moved by

[Lord Ahmad of Wimbledon]

That the Grand Committee do consider the Sanctions (EU Exit) (Miscellaneous Amendments) (No. 4) Regulations 2020.

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

My Lords, these instruments were laid between July 2019 and December 2020 under the powers provided by the Sanctions and Anti-Money Laundering Act 2018, also known as the sanctions Act. As noble Lords will be aware, the sanctions Act provides the legal framework within which the UK may impose, update and lift sanctions, whether autonomously or in line with our UN obligations, now that we have left the EU. It is the foundation for an independent sanctions policy in support of our foreign policy and national security interests.

To establish individual sanctions regimes within that framework, we are required to lay statutory instruments. Of the nine instruments we are considering today, seven transition existing EU regimes into UK law. As set out in my letter to parliamentary colleagues of 25 January, the new UK regimes and the measures they contain are intended to have substantially the same effect as those they replace. The two remaining instruments amend the other statutory instruments that establish sanctions regimes.

The amendments in the Sanctions (EU Exit) (Miscellaneous Amendments) (No. 2) Regulations 2020 are designed to ensure that our entire suite of sanctions legislation is as consistent and clear in its provisions as possible. Many regimes contain the same sanctions measures and we strive for consistency in language to promote consistency in interpretation, application and enforcement. British businesses often export goods or provide services to more than one country subject to sanctions, and any inconsistency in the wording of the legislation can cause confusion and increase their compliance costs.

The amendments in Sanctions (EU Exit) (Miscellaneous Amendments) (No. 4) Regulations 2020 ensure that UK persons in the Crown dependencies and overseas territories are not unduly affected by the extraterritorial application of UK law. They create an exception to the extraterritorial prohibition so that a licence from the authorities in that jurisdiction is sufficient to authorise UK persons’ conduct there. Those persons do not then need also to obtain the licence from the UK authorities to avoid committing an offence under UK law.

I would now like to elaborate further on the purposes of the seven regimes which these instruments establish. First, the Bosnia and Herzegovina sanctions regulations are aimed at promoting peace, stability and security in Bosnia and respect for its sovereignty and territorial integrity. They are also intended to encourage compliance with and the implementation of the general framework agreement for peace, which established Bosnia and Herzegovina as a single sovereign state. The regulations permit the imposition of financial and immigration sanctions.

The Burundi sanctions regulations aim to encourage the Government of Burundi to respect democratic principles and institutions, and the rule of law and good governance in Burundi; to participate in negotiations with their political opponents in good faith to bring about a peaceful solution to the political situation; to refrain from policies or activities that repress civil society; and to comply with international human rights law and respect human rights. They permit the imposition of financial and immigration sanctions.

The cyber sanctions regulations are aimed at preventing certain types of cyberactivity that undermine the integrity, prosperity or security of the UK or any other country. They are also intended to prevent certain types of cyberactivity that cause the economic loss or prejudice of commercial interests, undermine the independence or effective functioning of an international organisation, or otherwise affect a significant number of people in an indiscriminate manner. The regulations permit the imposition of financial and immigration sanctions. We have imposed sanctions on the same 12 individuals and entities as were sanctioned in 2020 by the EU. These include actors from Russia, China and the Democratic People’s Republic of Korea.

The Guinea sanctions regulations aim to encourage the Government of Guinea to properly investigate the violent repression that took place on 28 September 2009 and its aftermath, as well as to hold those responsible to account. The regulations permit the imposition of targeted financial and immigration sanctions.

The misappropriation sanctions regulations are aimed at deterring and providing accountability for the misappropriation of state funds from a country outside the UK. They permit the imposition of financial and immigration sanctions. Rather than establish geographical regimes, as existed under EU legislation, this instrument creates a single thematic regime under which designations can be made in respect of misappropriation of state funds taking place anywhere outside the UK, allowing for greater agility and flexibility.

The Nicaragua sanctions regulations are aimed at encouraging the Government of Nicaragua to respect democratic principles and institutions, the separation of powers and the rule of law, to refrain from the repression of civil society and to respect human rights. The regulations permit the imposition of financial and immigration sanctions.

The Unauthorised Drilling Activities in the Eastern Mediterranean (Sanctions) (EU Exit) Regulations 2020 aim to discourage any unauthorised hydrocarbon exploration or production activities in the territorial sea or exclusive economic zone of the Republic of Cyprus or on its continental shelf. They permit the imposition of financial and immigration sanctions.

In conclusion, sanctions are a key part of many of the UK’s political and diplomatic strategies. They also contribute to our efforts to uphold and defend the rules-based international order. The United Kingdom has long been a global leader in this field and this will not change now that we have left the European Union. Our independent sanctions policy allows us to use sanctions to achieve maximum impact by working in a way that is agile, expertise-driven and in support of our values, and enables collaboration with both new and established partners. International co-operation is at the heart of our policy. As I have said a number of times, sanctions are most effective when implemented and enforced collectively. We will continue to co-ordinate closely with our European and other international partners on sanctions, using the excellent relationships and networks we have already established.

These regulations are a crucial part of the legal basis that underpins our sanctions policy and of which the sanctions Act is the keystone. With them in place, we can promote and protect security, stability and prosperity at home and overseas, call for accountability and justice, and deter human rights violations and abuses. In short, they will help us to project the United Kingdom as a force for good in the world. I beg to move.

--- Later in debate ---

[Lord Ahmad of Wimbledon (Con)]

My Lords, I thank all noble Lords for their very valuable contributions and the broad level of support that we saw during this debate. I also recognise the important role of, and the various points made on, the process and procedure. I thank my noble friend Lord Balfe for articulating in a succinct manner—as it saved me having to answer the question—what the current procedures are. However, I never shy away from any challenge in the questions that the noble Lord, Lord Foulkes, always poses most courteously. I look forward to debates on this issue and others with him.

Having thanked all noble Lords for their participation, I will get to the specific questions raised. Following the normal courtesy, if there are questions that I am unable to answer in the time allocated, I will certainly write to noble Lords and review Hansard to pick up on some of those specifics.

Along with his original questions, the noble Lord, Lord Chidgey, raised the importance of his expertise and insights in parts of the world. He raised specific issues about certain individuals in Guinea not being rolled over in the original sanctions tabled by the EU. This will in part also answer the question raised by various noble Lords, including the noble Lord, Lord Empey, and my noble friend Lord Balfe, about the effectiveness of sanctions. When these original sanctions were approved it was partly to ensure that there would be a change in behaviour, while recognising any steps taken by new Governments and individuals within them.

I also reassure noble Lords that when applying the sanctions, through the sanctions Act itself and the subsequent global human rights sanctions regime, we are relatively new to this area in terms of specific sanctions on individuals. The noble Lord, Lord Truscott, recounted specific sanctions on individuals and countries, and mentioned the Middle East. I am sure he will recall that, when it came to the global human rights sanctions, a number of individuals from the Kingdom of Saudi Arabia were covered in the original sanctions designations.

Several noble Lords, including the noble Baroness, Lady Northover, my noble friends Lord Balfe and Lord Northbrook, and the noble Lord, Lord Truscott, raised Cyprus and the sanctions as they apply there. I agree with the noble Baroness on the wider context of the discussions in Cyprus. As noble Lords will recognise, my right honourable friend the Foreign Secretary visited Cyprus on 3 and 4 February. He met the President of Cyprus and the leader of the Turkish Cypriots. The primary focus in the areas covered was on not just the issues in the sanctions—as put forward by many noble Lords, with whom I agree—but bilateral and regional issues ahead of the UN-convened talks, which I believe take place next month. The context of the peace talks was very much part and parcel of the discussions that my right honourable friend had in country. I therefore hope my noble friend is reassured that we are looking at all elements and talking to all sides when it comes to not just the areas covered in the sanctions regime, but the wider issues of settlement. We recognise the important role the UK can play in this regard.

The noble Baroness, Lady Ritchie, and others talked about the importance of our EU partnerships. It did not surprise me when the noble Baroness, Lady Northover, did so in her opening remarks. As I have said, we will of course continue to work very closely with our EU partners and others in this respect. I have said to noble Lords that I regularly have discussions with the lead human rights official in the European Commission, Eamon Gilmore. Indeed, we were in deep discussions prior to the introduction of the EU global human rights regime.

My noble friend Lord Empey raised the formality of structures. I assure him that the strength of our relationships with the European Union and key partners in it is shown in various statements we have made beyond sanctions—particularly on the situation of the Uighur Muslims—which demonstrate the open communication that we retain and, equally, how we work with other key partners on sanctions, such as the United States, Canada and other allies. We will continue to do just that. The primary basis of any sanctions regime is that it is co-ordinated.

The noble Baroness, Lady Ritchie, rightly talked of Myanmar, as did other noble Lords. The noble Baroness, Lady Northover, specifically mentioned the leadership we showed during our membership of the European Union against 16 individuals. As noble Lords will recognise, of the military leadership that has taken control in the coup in Myanmar, the leader and his deputy are currently sanctioned. Whether in Myanmar or in China, which the noble Baronesses, Lady Ritchie and Lady Northover, and the noble Lord, Lord Collins, raised, specifically on the Uighurs, we keep the situation in review.

I cannot get into specifics. Noble Lords rightly raise timelines and when particular designations happen around the world, but I cannot speculate in that respect. However, I assure noble Lords, as I have sought to do as FCDO Minister and Minister for Human Rights, that I will take on board the approach that the noble Lord, Lord Oates, acknowledged of talking through specific situations as and when we can, and as early as possible, as well as sharing information with noble Lords.

The noble Lord, Lord Foulkes, asked about the process, which I have already covered specifically. He also talked about the importance of working with our overseas territories. I assure all noble Lords that the Orders in Council for each designation, with the exception of Bermuda and Gibraltar, are initiated by the United Kingdom. They will reflect exactly the same provisions that apply in UK jurisdictions to allow for a co-ordinated approach. I can also assure the noble Baroness, Lady Northover, as a Minister who worked directly with the overseas territories during the passage of the Sanctions and Anti-Money Laundering Bill, that our co-ordination is for territories that do not have capacity for technical support. The noble Lord, Lord Collins, raised this, and it arose in the other place. We are lending technical support to the overseas territories. I am sure noble Lords recognise that many do not have the infrastructure for financial services, for example, and need support. We are working directly with the OTs in this respect.

I assure the noble Lord, Lord Foulkes, that prior to the introduction of, for example, the requirement for public registers, we also operated with key overseas territories on the exchange of notes, which allowed tax and legal agencies to access all the required information. If any specific concerns arise for noble Lords on the application of these issues in the overseas territories, they should raise them with me. I will seek to address them directly.

I thank the noble Lord, Lord Dodds, for his support. He rightly raised cyberactivity. As he recognised, we saw an increase in such challenges in our own Parliament a few years back. Indeed, I recall that we had a cyberattack on the same day as the tragic terror attack on Parliament. It shows the vulnerabilities, and the increased activity required, in this area. It also underlines the importance we attach to this area of our sanctions work.

The noble Lord rightly raised the Putin regime and issues around Navalny, China and Myanmar. As I am sure he recognises, we have sought to lead and provide direction on sanctions in Myanmar and in the case of Mr Navalny. The noble Lord and my noble friend Lord Empey raised the situation in Libya and the Shawcross report. We discussed this in your Lordships’ House. I have taken note of the concerns that have again been expressed. If there is any more detail on the questions my noble friend Lord Empey raised I shall seek to raise it.

I am being told by my noble friend who is whipping the debate that I am running out of time. In my last few seconds, I acknowledge the valuable work done by Remembering Srebrenica and the points made by my noble friend Lord Bourne. I assure him that we look fully at guaranteeing the sovereign and territorial integrity of Bosnia-Herzegovina. He talked about guidance. I believe that it has already been published.

On the specific area of continuing to work at and ensuring the refreshing of our strategy, I say to all noble Lords who raised the effectiveness of the various regimes that provisions in the sanctions Act require reporting back on the effectiveness of each regime. The Act also allows opportunities for individuals to review sanctions applied to them so that they can have a process for appeal. I will continue to update your Lordships’ House on the operation of the sanctions regimes. Indeed, I look forward to further discussions on specific designations in this important area.

I once again thank all noble Lords for their participation. This work is evolving. I noted again with great care various noble Lords’ specific questions and practical suggestions on strengthening work in this area. I look forward to further debate and constructive discussions in this regard.

Motion agreed.

Sanctions (EU Exit) (Miscellaneous Amendments) (No. 2) Regulations 2020

Lord Ahmad of Wimbledon Excerpts

Monday 8th February 2021 Grand Committee

Moved by

[Lord Ahmad of Wimbledon]

That the Grand Committee do consider the Sanctions (EU Exit) (Miscellaneous Amendments) (No. 2) Regulations 2020.

Motion agreed.