Yemen: Giving Peace a Chance (International Relations Committee Report)

Lord Ahmad of Wimbledon Excerpts

Monday 1st April 2019 Lords Chamber

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

My Lords, I thank all noble Lords who have participated, particularly my noble friend Lord Howell for securing this debate on the conflict in Yemen and for his long-standing commitment to the subject, not just as chair of the International Relations Committee but in his engagement and involvement with the field of foreign affairs. The Government welcome the committee’s report and thank it for its detailed examination of the issue. I am especially grateful that we have been able to have this debate before the formal response from the Government. As ever, I am grateful for the insight and expertise that noble Lords have provided.

I assure noble Lords that achieving progress in Yemen is a top priority for the UK. That is why my right honourable friend the Foreign Secretary visited Yemen earlier this month. I am sure many noble Lords acknowledge his shuttle diplomacy. It is why he also attended the Stockholm peace talks in December, and why we are using our unique position—as the noble Lord, Lord Hannay, with his deep insight into the United Nations, reminded us—as penholder at the UN Security Council to find a way to end this devastating conflict. As Minister for the United Nations, I acknowledge the importance of our role.

Before I go into the report itself, I shall first address the concerns raised by the noble Lord, Lord Collins, in particular, regarding recent media reports of the involvement of UK military personnel in Yemen and the use of child soldiers in conflict. I hope noble Lords will recognise that I cannot comment in detail on specific deployments, but I can clarify that a small number of British personnel are working in a liaison capacity in Saudi headquarters. They are not, as some have suggested, based in so-called command centres. British personnel have no role, to repeat what my right honourable friend said in the other place, in setting coalition policy or executing air strikes in Yemen.

The noble Lord, Lord Collins, also raised the issue of child soldiers. I reassure the noble Lord that the Government give priority to this matter. He will no doubt recall, as will other noble Lords, that the office of United Nations special representative Virginia Gamba is funded by Her Majesty’s Government. I continue to work very closely with the special representative on this issue. I assure all noble Lords that our position on the recruitment and use of child soldiers is clear and unequivocal: it is simply unacceptable. We condemn it, and I assure the noble Lord that we are committed to ending it in all circumstances. If we have reports to this effect, we will continue to raise the issue vigorously with all parties concerned.

Unfortunately, regrettably and tragically, this is not the first time we have heard reports of child soldiers being used in the Yemen conflict. The UN group of eminent experts found that the Houthis had also forcibly recruited children—some, tragically, as young as eight—in schools and hospitals, and had used them in combat and to plant explosive devices. We raise our concerns about this with all parties to the conflict in Yemen, as I have said, and I can state as Minister for Human Rights that our officials also raised the use of child soldiers as a key issue in the last universal periodic review of Yemen.

I turn to the specific recommendations of the report and the issue of arms exports raised by several noble Lords, including my noble friends Lord Howell and Lord Jopling, the noble Lords, Lord Hannay and Lord Alton, and the noble Baroness, Lady Coussins. The Government do not accept the report’s assertion that our actions on arms exports are,

“narrowly on the wrong side”,

of the law. The UK will not export items if there is a clear risk they may be used in a serious violation of international humanitarian law.

I assure my noble friend Lord Jopling, among others, that all export licence applications for Saudi Arabia are assessed rigorously on a case-by-case basis, using much fuller information than is available to others. In addition, to answer my noble friend Lord Howell, we have provided training and advice to support Saudi compliance with international humanitarian law. We also regularly raise the importance of compliance on this issue directly with the Saudi Arabian Government and other members of the coalition.

My noble friend asked what tests and factors we apply. In the interests of time, I will write to him specifically on this but, to give an insight, our forward-looking assessment looks at the situation in the round. We include: Saudi attitudes to compliance with international humanitarian law; how the key principles of international humanitarian law such as military necessity, distinction and proportionality are implemented; how incidents of concern are investigated; and, importantly, how those responsible are held to account and how lessons are learned. My noble friend will be aware that, in response, the Saudis set up the Joint Incidents Assessment Team on 29 February 2016. The Saudi Arabian Government have also publicly stated that they investigated reports of alleged violations using this vehicle, and that they act on lessons learned. To date, the assessment team has made over 100 statements from its investigations.

I assure noble Lords once again that the UK Government continue to review all arms exports and take our arms export control responsibilities very seriously; we remain confident that our arms exports are consistent with our licensing obligations. To be absolutely clear, particularly to the noble Lord, Lord Hannay, we continue to raise these issues regularly and will continue to review all applications according to these criteria.

Turning to humanitarian aid, I am grateful to all noble Lords who have raised the important role played by DfID and Her Majesty’s Government in this regard. I share totally the sentiment of noble Lords that this is a tragedy beyond all scope; anyone who has visited, reviewed or been involved with the crisis in Yemen—seeing children deprived of vital food and medicine—will know it to be heart-rending. I am therefore proud of the role the United Kingdom Government are playing. I assure the noble Baroness, Lady Smith, that, for Her Majesty’s Government and the Foreign Office, this will remain at the forefront of our priorities on the world stage, notwithstanding the domestic issues of what is happening with Brexit and the Foreign Secretary’s recent engagement. I returned from another United Nations meeting on important issues regarding peace- keeping and the role of women, which I will come on to, only last week. My travel schedule probably reflects the fact that this will remain a high priority on the world stage.

The noble Baroness was quite right to ask for reassurance that aid is reaching those in need. The statistics cited on Hodeidah and Saleef concern the aid that has been delivered, but I fully acknowledge that there is a real challenge in the distribution of aid within the country. The noble Lord, Lord Collins, asked about additional support; that is why additional support is going in. The UK has a zero-tolerance policy on the diversion of UK aid funds, and all the UK Government’s partners and programmes are subject to rigorous and regular due diligence. However, I fully admit that this remains a major challenge for all Governments, not just the United Kingdom. We will continue to work with all parties to ensure that this happens. This concern about how we are ensuring the distribution of aid was also expressed by my noble friend Lord Jopling. At the moment we are working stringently with the UN and NGO partners to ensure that we get full reports of any delays in accessing necessary permits and agreements to deliver vital assistance. I will continue to inform the House regularly on how this situation is unfolding.

At the UN’s Yemen pledging conference in February, we committed an additional £200 million of support for the next financial year. The noble Baroness, Lady Amos, asked about its distribution, which will start shortly; this figure will build on the aid that has already been distributed from our previous year’s commitment. As noble Lords have acknowledged, this takes the overall commitment of the UK to Yemen to over £770 million since the conflict began in 2015. Our support will continue to focus on providing life-saving aid to millions in a country where a staggering 80% of the population are now in need of direct humanitarian assistance. I pay tribute to the work of the noble Baroness, Lady Amos, in this regard; I will continue to look to her deep insight and expertise as we provide support and assistance on this programme.

As my noble friend Lady Anelay also mentioned, the conflict in Yemen has further exacerbated the vulnerabilities faced by women and girls. It is unacceptable that the number of incidents of gender-based violence, for example, have reportedly risen by more than a staggering 60% since the start of the conflict. The UK fully supports women and girls across Yemen through our funding of the United Nations High Commissioner for Refugees and the International Organization for Migration. My noble friend is absolutely right; women have to be involved at the table—not in some corner room or a room in some remote part of a conference centre or hotel. They must be present. As the noble Baroness, Lady Amos, rightly pointed out, they have been absent. This was a key area of focus at the UN Commission on the Status of Women recently, where I represented and led the delegation. We continue to implore both parties through the good offices of the special envoy to ensure that women play their rightful role at the heart of conflict resolution. It is not an option. It is a necessity, and we will play our part to try to make it happen.

I also assure noble Lords that we are working with special envoy Martin Griffiths. In acknowledging his work in this respect, we ensure that his priorities in support of the initiatives we have already set up, such as those acknowledged by noble Lords, including the Yemeni Women’s Pact for Peace and Security, continue to be strengthened. We are also extremely concerned about the recent increase in cholera cases, and are working closely with all levels of the UN response, which is currently being scaled up to the 38 most affected districts in Yemen. Last year the UK contributed 25% of the costs of the first ever cholera vaccination campaign in Yemen through our funding for the global Vaccine Alliance. We will continue to prioritise these schemes as we support humanitarian efforts across the country.

The committee report also recommended a further UK contribution to the UN, including support for the UN verification and inspection mechanism, or UNVIM. I can confirm that we will provide a further £1.3 million to UNVIM this year to support its work in facilitating commercial imports into Hodeidah and Saleef ports and ensuring that weapons are not smuggled in on commercial ships. We have also deployed UK experts to Djibouti, whose presence has increased the number of ship inspections more than tenfold. This has helped to stabilise the level of vital imports going into the ports of Hodeidah and Saleef. In February, for example, the total commercial and humanitarian imports into Yemen met 114% of the country’s monthly food needs. However, I totally acknowledge that distribution is a vital part of that—it is not just about getting it through the ports but about ensuring that it is distributed.

Noble Lords, including the noble Lord, Lord Luce, and my noble friends Lady Anelay and Lord Jopling, raised the important issue of the political process. We note that the committee called on the Government to redouble our diplomatic efforts to achieve peace. I assure noble Lords that we continue to believe—as all noble Lords have pointed out, particularly the noble Lord, Lord Hannay—that a political settlement is the only way to address the worsening humanitarian crisis and bring long-term stability to Yemen. Important progress has been made in this regard. The December talks in Stockholm were a landmark—the first time the parties had come together in over two years. The significance of that cannot be overestimated. The ceasefire in Hodeidah has largely held; challenges remain, but it has led to a significant reduction in military activity across the governorate.

I assure noble Lords that we continue to engage with all parties. The noble Viscount, Lord Waverley, raised the issue of keeping dialogue open, not just with the Kingdom of Saudi Arabia and other parties, including the Houthis, but directly with Iran. I stress that Her Majesty’s Government continue to engage in relationships across the piece to ensure that all parties to the conflict are engaged and play their part in bringing a resolution to it. I also assure noble Lords that there has been sustained British diplomatic effort in support of the political process at both ministerial and senior official level, including urging parties to refrain from provocative action in Hodeidah and to maintain the ceasefire.

The noble Lord, Lord Alton, rightly raised the unfolding issue of the humanitarian crisis. I assure him that our diplomatic efforts are beginning to pay dividends. The situation is vulnerable and still fragile, but we are encouraged by recent steps that have been taken, at least with regard to the increase in humanitarian aid on the ground in Yemen itself.

This year, visits to the region have been made by my right honourable friend the Foreign Secretary, and the former Minister for the Middle East and North Africa, my good friend and former colleague in government, the right honourable Alistair Burt. I join the tributes that have been made from across this House and elsewhere to the unstinting work, focus, dedication, application and expert knowledge that he has shown in the discharging of his duties. He is a colleague and friend who will be sorely missed, and, as someone who led several initiatives in the Middle East, his expertise and insight were vital. I hope that, whatever prevails, in the near future we will see him return to the Government Benches.

I assure noble Lords, particularly the noble Lord, Lord Hannay, whose insights on the UN I always welcome, that we continue to use our seat on the UN Security Council to good effect. Indeed, following the Stockholm agreements, we recently put forward proposals for a mandate to establish a UN mission in support of the Hodeidah agreement. Our work at the Security Council on resolutions has galvanised international support, and it was no small feat to get unanimity behind those resolutions.

I assure noble Lords that the Government have also carefully considered the committee’s recommendation, raised by my noble friends Lady Anelay and Lord Howell and the noble Lord, Lord Hannay, to appoint a London-based special representative on Yemen. At present, in light of my right honourable friend the Foreign Secretary’s personal efforts to advance peace in Yemen, it has been decided not to make such an appointment, but we will keep the situation under continual review.

The noble Baroness, Lady Coussins, asked about the Government’s position on southern inclusion. Governance arrangements for southern Yemen are ultimately a question for the Yemeni people, but I assure the noble Baroness that the UK’s position on southern inclusion is clear: their voice must be heard to ensure lasting peace in Yemen, and the UN special envoy has publicly acknowledged this important role. He has advised his office to help to support the work by including all southern groups, including, as the noble Baroness rightly noted, the STC.

In conclusion, I am extremely grateful to all noble Lords for their contribution. The noble Lord, Lord Judd, gave his perspective. I know that he believes strongly in the attributes of the United Nations, and I listened carefully to his words. On the sentiments raised with regard to arms sales, I assure noble Lords that we take that seriously. I strongly believe that the committee’s report is both timely and important, and we will certainly take note of the contributions made in this debate to ensure that they are also reflected in the formal government response.

I assure noble Lords that the UK is doing all we can to bring parties to the table, to sustain the delivery of humanitarian and fuel aid into Yemen and, ultimately, to find a way to end this devastating conflict. We are at the forefront of diplomatic efforts, including at the UN Security Council, to find a political solution to the conflict—as I know from direct experience—and we are leading on the humanitarian response. I assure all noble Lords, and indeed everyone across this House and the other place, that we are putting our full weight behind the work of the UN special envoy Martin Griffiths—to which I pay tribute—and the UN-led peace process. We are constantly engaging with him to ensure that our efforts are aligned, and we will continue to show leadership as part of international efforts to end this appalling conflict, which has gone on for far too long and has caused millions to suffer.

War Criminals: International Mechanisms for Prosecution

Lord Ahmad of Wimbledon Excerpts

Thursday 21st March 2019 Lords Chamber

[Lord Alton of Liverpool (CB)]

My Lords, on behalf of my noble friend Lord Hylton, and with his permission, I beg leave to ask the Question standing in his name on the Order Paper.

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

My Lords, the United Kingdom helped to secure a Security Council resolution in December 2017 to establish a UN investigative team to support domestic efforts by Iraq to hold Daesh accountable by collecting, preserving and storing evidence of Daesh crimes. The UK also co-sponsored the United Nations General Assembly resolution in December 2016 that established the international, impartial and independent mechanism for Syria, a step forward in ensuring accountability for atrocities committed in that country.

[Lord Alton of Liverpool]

My Lords, I am grateful to the Minister. With the fall of ISIS at Baghuz, and as the investigative team established by the United Nations Security Council Resolution 2379 begins its first mass grave excavation in Sinjar, will the Minister say how the evidence of genocide will be used? What consideration is being given to establishing an international or regional criminal tribunal to ensure that the trials are conducted with due process? Will he reflect that it is inevitable that the removal of citizenship from perpetrators will make it even harder to bring those responsible for genocide to justice?

[Lord Ahmad of Wimbledon]

My Lords, the noble Lord raised the issue of the first mass graves. Some noble Lords may have seen the many images; I have read the reports. It is poignant that those graves have been found where Nadia Murad used to live. She had to go through many tragic circumstances and won the Nobel Peace Prize.

I agree with the noble Lord about the importance of ensuring that, through the passing of Resolution 2379, the first step is collection and preservation. In many cases, prosecutions will be best left to national authorities, and we continue to work with Iraq. I know that the noble Lord is particularly keen to ensure that local or regional justice is served. It may be that in future some form of international hybrid justice mechanism is used to try those most responsible for crimes of international concern. It is too early at this stage to suggest where each crime will be tried, but we are looking at all options.

On the issue of the prosecution of perpetrators of genocide where the removal of citizenship has occurred, I am sure that the noble Lord would agree that we all share the Government’s priority of the safety and security of our own citizens. Those who joined Daesh will face justice, whether in Iraq, once mechanisms are set up, or through international tribunals. If foreign fighters return here, that will be a matter for the CPS and police to judge.

[Lord Anderson of Swansea (Lab)]

My Lords, under the recently passed Magnitsky law, the Government have the powers to prevent impunity of those guilty of grave human rights abuses by imposing visa bans and asset freezes. Will the murderers of Khashoggi be put on the Government’s list?

[Lord Ahmad of Wimbledon]

My Lords, in that case, as the noble Lord will be aware, there are ongoing legal proceedings taking place in the Kingdom of Saudi Arabia. I note the concerns—they are concerns that we share—about anyone who is being tried or is then convicted of crimes. I note the noble Lord’s concerns, but it would be inappropriate for me to comment further on an ongoing case.

[Baroness Nicholson of Winterbourne (Con)]

Does the Minister agree that the work of the British Council in Iraq is exceptional and it should be further supported in its determination to support the Bar associations under the KRG, the Kurdish Regional Government, and in Baghdad itself, under the Federal Republic of Iraq, given that in most instances local trials swiftly carried out are considerably better than international trials which, however wonderful, may take 25 years? This is particularly so since most criminals in these instances—not just in Iraq but in the Middle East and elsewhere—are nearly always local people.

[Lord Ahmad of Wimbledon]

My noble friend speaks with great insight about Iraq, and I pay tribute to her work. When I visited Iraq, one of the notable features was that we saw some very good co-ordination starting to occur between the KRG and the Government in Baghdad. As I have already said, I share my noble friend’s view that justice is best served locally. If we look at other occurrences of genocides elsewhere in the world, Rwanda is a good living example of how justice was served locally: accountability for the perpetrators was held locally and that country, notwithstanding the many challenges that remain, is moving forward.

[Baroness Northover (LD)]

My Lords, in a week when international law showed its reach once againin Bosnia, is the Government’s commitment to the International Criminal Court as strong as it always was? I hope it is, given the reluctance of the United States, China and others to support the ICC. In light of that, how long does the Minister think it will take, with either an international or a hybrid court, to bring to justice those who have committed alleged atrocities in this region?

[Lord Ahmad of Wimbledon]

My Lords, taking the noble Baroness’s second question first, I think we have seen the first steps with the passing of Resolution 2379 and the budget of £90 million for the preservation and the work that is being undertaken in finding evidence against those people who are currently being held. It remains to be seen, but I assure the noble Baroness that we are working with the Iraqi Government to see how local justice mechanisms can be strengthened. As for the ICC, it needs reform and there are challenges, but we remain absolutely committed to the ICC.

[Lord Hannay of Chiswick (CB)]

Does the Minister agree that, with the discovery of these mass graves, it is surely time that the Government said that they have prima facie evidence that genocide was committed? Secondly, would it not be helpful if the Government were to say that they would support whichever choice the Government of Iraq prefer—either local trials or a hybrid international tribunal? That would surely be a helpful move; we do not have to say anything about the International Criminal Court, because that will take place depending on whether its jurisdiction exists in Iraq.

[Lord Ahmad of Wimbledon]

On the issue of genocide, the noble Lord knows that it is very much a matter for judicial authorities to make that case. It is very clear that mass graves are being exhumed and I point out that the UN special representative in that regard is Karim Khan, a British QC, so I assure the noble Lord that we are working very closely with the Government of Iraq to ensure that justice is primary in everyone’s mind. Where local justice can be strengthened, we will do so and we are working very closely to ensure that objective.

Brexit: Bilateral Relations with European Union Member States

Lord Ahmad of Wimbledon Excerpts

Wednesday 20th March 2019 Lords Chamber

[Baroness Smith of Newnham]

To ask Her Majesty’s Government what initiatives the Foreign and Commonwealth Office has put in place to strengthen bilateral relations with individual European Union member states after Brexit.

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

My Lords, we remain strongly committed to our bilateral relations with EU partners. We have an extensive and well-established diplomatic network throughout the European Union, which is the foundation for our efforts to strengthen bilateral relations. Since June 2016, we have strengthened this network and invested substantially in the relationships we need in order to develop our interests in Europe after Brexit. This is complementary to our efforts to establish a strong relationship with the EU institutions.

[Baroness Smith of Newnham (LD)]

My Lords, I am grateful for that Answer. Clearly diplomatic relations are important, but over the last 46 years the UK has built up a very intense set of relationships through membership of the European institutions. Ministers, parliamentarians and officials have regular contact with their opposite numbers from the other EU member states. When we leave the EU institutions, we will lose those informal relationships as well. Is a diplomatic strengthening of relations sufficient or do the Government also envisage thickening relations through party mechanisms and other means? If not, we are going to be not just outside the room formally but we will lose mechanisms for influencing our like-minded partners such as Germany, the Netherlands and Sweden.

[Lord Ahmad of Wimbledon]

My Lords, it is important and I agree with the noble Baroness that relationships matter. Of course, not just in the context of the EU but in any relationship, the ability to pick up the phone and talk to a counterpart in any country is essential to extending our strength of diplomacy. In the context of the European Union, I shall give three examples. The noble Baroness mentioned Germany: we announced a UK-Germany strategic dialogue in April 2018, which will be at Foreign Minister level. We have also agreed a joint compact on global responsibility and a joint vision statement on defence, in October 2018, between the MoD and the German defence department. We also had a successful UK-French summit in January 2018, a successful UK-Poland intergovernmental consultation in December 2018 and let us not forget that, above other things, we have also had two recent state visits, one from the Netherlands and one from Spain. Our diplomatic efforts and our efforts at extending through other connections, including party mechanisms, all make us well placed to continue to strengthen our work together.

[Lord Anderson of Swansea (Lab)]

My Lords, does the Minister agree that to limit the damage, if Brexit were to take place, we need to identify, examine, exploit and strengthen all existing relationships? That means not just diplomatically through our embassies and consulates, but that the parliamentary dimension should be examined. That includes the international parliamentary institutions like the Council of Europe and the all-party groups in this Parliament, which should be allowed to strengthen their relationships with their opposite numbers in the European Union.

[Lord Ahmad of Wimbledon]

I agree with the noble Lord about the Council of Europe, which remains an important body that we will continue to be part of. As Minister for the United Nations, I can say that we engage at the Security Council in that context. I recently attended a meeting of Foreign Ministers in Brussels called by the Belgian Foreign Minister which included Poland, Germany, ourselves and EU Commissioner Federica Mogherini. We talked about how we as five countries can work collectively within the context of the Security Council on European issues. Indeed, recent examples such as ensuring that the Iranian nuclear deal stays on the table show the strength of European unity. That goes beyond just working through what we have done so far with the European Union as a body.

[Lord Howell of Guildford (Con)]

My Lords, have my noble friend and his colleagues in the Foreign Office noticed the views of Mrs Merkel’s likely successor as Chancellor, Annegret Kramp-Karrenbauer, who has urged EU leaders to put aside their endless plans for more integration and develop stronger practical network links throughout Europe? Is that not precisely the sort of pattern that we, either in Brexit or after Brexit, would be far better placed to pursue and very much in line with a longer-term view of how Europe should develop?

[Lord Ahmad of Wimbledon]

My noble friend speaks from experience in this regard and is absolutely right. As I said in my Answer to the Question, the strength of relationships is important. We welcome the statements from Germany and indeed this week the German Foreign Minister, who I have dealt with extensively on initiatives we are taking at the UN in areas such as preventing sexual violence, has spoken very strongly about the importance of the bilateral relationship between our two countries and the need to strengthen that further.

[Lord Collins of Highbury (Lab)]

My Lords, I understand that one key impact on our team in Brussels is that the expense accounts of our diplomats have been increased in order that they can take people out to lunch instead of meeting them inside the room. Aside from that, the key issue here is that of FCO resources being diverted to the necessary task of building up bilateral relationships. What impact is that having on our ability to act, particularly as regards hotspots in the world such as the Russian desk? Are we taking resources away from these very important areas to devote work to bilateral relationships in Europe?

[Lord Ahmad of Wimbledon]

My Lords, I assure the noble Lord that we continue to strengthen our relationships across the piece. He will recall that we are expanding our diplomatic missions in many parts of the world. I am the Minister for the Caribbean, and later this year we will announce the opening of missions and diplomatic posts there. Of course as we leave the European Union it is important that we strengthen our network of diplomats in Europe. That is why every single one of the 27 ambassadors is now at senior management level. We have also announced a broad and extensive uplift in the form of new posts within our diplomatic missions across the EU—an expansion of 550. That continues to work well. On taking people out to lunch and working outside the room, I would be delighted to take the noble Lord out to lunch.

[The Earl of Listowel (CB)]

My Lords, is the Minister aware that the principal finding made by the All-Party Parliamentary Group on Germany after its visit to the Bundestag two years ago was that we needed to significantly increase the exchange of young people from this country with those of Germany and other countries? Does he, as I do, take pride in and warmly applaud the move by the Secretary of State for Education to set aside money for every schoolchild to promote school exchanges with nations abroad?

[Lord Ahmad of Wimbledon]

The short answer is absolutely, and I pay tribute to the noble Earl’s work with young people. It is not just the European Union that is important in this context; I put on record the excellent work of the British Council in strengthening our educational links, and I am sure that many noble Lords agree. That should continue, not just with EU countries but beyond the EU—within the Commonwealth and across the world as a whole.

Yemen: Women and Girls

Lord Ahmad of Wimbledon Excerpts

Thursday 7th March 2019 Lords Chamber

[Baroness Hayman]

To ask Her Majesty’s Government whether the case for urgent humanitarian assistance for women and girls in Yemen was discussed during the Foreign Secretary’s recent visit to that country.

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

My Lords, last weekend, my right honourable friend the Foreign Secretary visited Yemen to push for progress, becoming the first western Foreign Minister to visit since the conflict began. The conflict has exacerbated the vulnerabilities faced by women and girls. Gender-based violence has increased and gender inequality has become further entrenched. Since 2017, the United Kingdom has provided support to more than 1,700 victims of gender-based violence. However, it is only by securing peace—an opinion shared by all in this House—that the position of women and girls can be substantively improved.

[Baroness Hayman (CB)]

My Lords, I thank the Minister for that response and his recognition of the situation of women in Yemen. I draw the House’s attention to my interests as set out in the register. Even before the war, Yemen was rated as the worst place in the world to be a woman. Since then, in the desperate humanitarian crisis that has occurred, women and girls, and of course their children, have suffered disproportionately, with the latest report from the International Rescue Committee showing a 63% increase in the past four years in the number of incidents of rape, gender-based violence, and forced and early marriage. Does the Minister accept that humanitarian efforts must prioritise the needs of women and girls and their children to look to protect them, and that women need to be involved as equal partners in discussions on peace?

[Lord Ahmad of Wimbledon]

The short answer to both questions is yes. Through some of our programmes in Yemen, particularly those led by DfID, £39 million has been allocated to address issues such as forced marriage, on which Yemen is a priority country; 6,000 girls directly impacted by forced marriage have been assisted with counselling and health provision. A further £65,000 has been allocated for outreach work as far as is possible to ensure that early marriage is also addressed. I absolutely accept the noble Baroness’s point on peacekeeping. That is why the Government have committed internationally, more recently in the context of the Commonwealth, to women’s peacemaking networks. As we approach International Women’s Day, it is important that, at the UN, here and elsewhere in the world, emphasis is placed on the importance of women in conflict resolution.

[Lord Collins of Highbury (Lab)]

My Lords, the IRC report gave some horrific examples and made a series of recommendations. One was humanitarian access, particularly to health centres and hospitals that provide support to women and girls who have been subject to gender-based violence. Access to them has been restricted; they have been bombed and damaged. What exactly are the Government doing on all sides to ensure that there is proper humanitarian access?

[Lord Ahmad of Wimbledon]

I thank the noble Lord. He and I have spent a fair bit of time on this issue and will continue to work together; I think we are very much at one on it. My right honourable friend’s recent visit again highlighted the importance of peace and of supporting the efforts being made through the UN, including the UN resolution that has been passed. There are three elements to that, one of which is about ensuring humanitarian relief. Current figures show that while the ports of Hodeidah and Salif remain open, distributing that aid further remains a big issue. A second element relates to fuel supplies—some 86% of the requirements of Yemen were met last month. However, again, it is about getting those fuel supplies out. Those are the fundamentals. On girls and women and the protection of health centres, that was a priority raised by the Foreign Secretary with both sides, including representatives of the Houthi community, to ensure that as we address the fundamentals of food and humanitarian aid, protection for girls, particularly from child marriage and forced marriage, is also high up the agenda.

[Baroness Falkner of Margravine (LD)]

My Lords, wearing his hat as the Human Rights Minister, is the Minister aware of the report by the University Network for Human Rights showing that US and British arms were used in 200 unlawful bombings recently and that most of the casualties were women and children? Will he consider more prohibitions on the use of the arms that we are selling to Saudi Arabia in its pursuit of this ghastly war in Yemen?

--- Later in debate ---

[Lord Ahmad of Wimbledon]

The noble Baroness will be aware that the United Kingdom adopts the very stringent system of rules that exists across the EU, as well as a national code, on any military assistance. We remind any country that we sell arms to or give support to of those rules, and I assure her that we review this regularly in the context of the conflict in Yemen. She is right to raise these issues, but our military assistance—for example, the support we provide to Saudi Arabia—is specifically about training, particularly on the important issue of international humanitarian law. We take every opportunity to remind all our allies of those important priorities.

[Lord West of Spithead (Lab)]

My Lords, that training does not seem to be working. We have people in Saudi Arabia advising how to use the weapons we have sold it, and we have just released statistics showing how amazingly careful the Royal Air Force has been to not kill civilians when using its weapons, yet that is not happening in Yemen. Why are we not teaching people how to use these things without causing mass civilian casualties?

[Lord Ahmad of Wimbledon]

The noble Lord will know from his own experience that teaching does not happen in one day; it is a consistent effort over a period of time. It is important to know that, in any intervention around the world where the United Kingdom gives support through military assistance and training in international humanitarian law, anyone who engages requires that training over a period of time. I take on board the challenge he has presented, but also the tragic nature of the Yemen conflict. That is why the Foreign Secretary has again pushed for a political settlement; that is the only way to prevent the civilian casualties we have seen over a period of time and their impact on communities and on women and girls. That is why he was in the region pushing for that, not just with Yemen but with the likes of the Emirates and the Saudi Government as well.

[Baroness Hodgson of Abinger (Con)]

My Lords, will my noble friend tell us whether we are managing to get support to women’s organisations and women’s human rights defenders in Yemen?

[Lord Ahmad of Wimbledon]

As I said in response to the noble Lord, Lord Collins, while humanitarian assistance is getting through, a real challenge remains around the safety and security of getting those supplies further around the country. We are looking not only to identify agencies but to ensure their safety. In this regard, our main focus has been to ensure the protection of UN agencies on the ground, so that they can distribute aid and provide the support that my noble friend talks of.

Nord Stream 2 Pipeline

Lord Ahmad of Wimbledon Excerpts

Thursday 28th February 2019 Lords Chamber

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

My Lords, we in the United Kingdom have significant concerns about the Nord Stream 2 pipeline, given its potential impact on European energy security and in particular on Ukraine. We regularly raise our concerns with key partners, including Germany. Both my right honourable friend the Prime Minister and the Minister for Europe have raised this with their German counterparts.

[Lord Robathan (Con)]

My Lords, I am delighted that the Government take this position. Last year, we saw solidarity between Europe, the United States and the West in general following the Novichok poisonings in Salisbury. Nobody needs to be in any doubt as to the threats that come from Russia. NATO was set up to face the threats coming from what was then the Soviet Union. Surely Her Majesty’s Government should use NATO as a lever to put pressure on Germany—which, after all, was defended by NATO against the Soviet Union—to ensure that action is taken over the Nord Stream 2 pipeline, which is described by many as an energy weapon giving leverage to Putin.

[Lord Ahmad of Wimbledon]

As my noble friend may well be aware, Germany is still pursuing and moving forward with Nord Stream 2. The operational challenge at the moment comes from Denmark, which has not yet given approval for the pipeline to be near where Nord Stream 1 is laid. That process continues, and in that regard we continue to work with Denmark as well. On my noble friend’s wider point about NATO, yes, of course it was set up for the purposes of the defence of Europe and the western alliance. I am delighted and proud of the commitment that the United Kingdom makes, as we continue to invest in it. We have asked other European partners, including Germany, to ensure they pay their dues to NATO.

[Lord Collins of Highbury (Lab)]

My Lords, I welcome the response from the Minister but, as the Prime Minister has said on many occasions, we should engage but beware. If this has been raised with the German Government, what has the response been on how this matter is moved forward? We are maintaining sanctions and have condemned Russia for its actions in Crimea and Ukraine. Is it not about time that we heard from the Minister what response we are getting from our allies?

[Lord Ahmad of Wimbledon]

First and foremost, this is an issue of European security. In that regard, we have been working with the European Union. However, as I have already indicated from the Dispatch Box, Germany is certainly looking to proceed with Nord Stream 2 but there are caveats. Work has been done: for example, the noble Lord, Lord Collins, will be aware of the work done on the gas directive. The whole issue is one of monopoly. Gazprom currently controls a major source of European energy supplies. We believe that is incorrect and that belief is shared by our European partners. The work done on the gas directive will guarantee that once the new pipeline is operational, it can be managed more effectively by European regulation.

[Baroness Northover (LD)]

My Lords, noble Lords are surely right to be concerned about the Nord Stream 2 pipeline and the greater reliance on Russia and Gazprom. The Minister mentioned Denmark; the European Commission is seeking to mitigate the effect of it, including legislating so that pipelines cannot be directly owned by gas suppliers. If indeed the UK leaves the EU, how in future might the UK have any influence over such decisions, which affect the whole region?

[Lord Ahmad of Wimbledon]

The noble Baroness is quite right to raise the work that is being done. We have certainly played our part in strengthening the role of regulation and the gas directive, for the very reason that there should not be a monopolisation. We have seen previous instances where the supplier has used that monopoly on three separate occasions, particularly in Ukraine, as a means to stop supply or curtail it. On the broader issue of what happens once we leave the European Union, I assure her that we continue to have strong relationships with all our European Union partners, and that will continue after we leave the European Union.

[Lord Howell of Guildford (Con)]

I think my noble friend understands that the real purpose behind Nord Stream 2 is for Russia to make life more uncomfortable for Ukraine, as he said, and in particular for Poland, and to cope with Germany’s disastrous energy policy which is resulting in rising rather than falling carbon emissions and all the difficulties that follow from that. Poland is our friend. Are we being as helpful as we should be to Poland in its situation relating to energy and to its relations with Russia? We need its help and support, and it needs us.

[Lord Ahmad of Wimbledon]

I agree with my noble friend. I reassure him that we are working with Poland. He is right that it has reservations about this project, as does Denmark. We will continue to work with European partners in this respect. The work that has been done on the gas directive allows greater regulation of supply. As a broader issue, we are concerned. From a UK perspective, this does not impact our energy supply in the way it does Europe’s. Gas supplied from Russia is about 2% of the UK’s overall energy mix. However, the concern is wider for Europe, particularly for Ukraine, and we will continue to work with like-minded partners, including Denmark and Poland.

[Lord West of Spithead (Lab)]

My Lords, in the past couple of years there was agreement within NATO and the EU that we would cut reliance on Russian gas. In the debates we have with Germany, how does it justify the fact that it will increase its reliance on Russian gas? As the noble Lord said, this is very much targeted at Ukraine. There are real issues here, and it is contrary to what has been agreed in NATO and the EU.

[Lord Ahmad of Wimbledon]

I agree with the noble Lord, as I agree with my noble friend. It is quite clear from the UK’s perspective. We are so against this project for the very reasons the noble Lord articulates.

[Lord Anderson of Swansea (Lab)]

My Lords, part of the problem is that former Chancellor Schröder is one of the chief lobbyists for this project. Does the Minister not see this in the context of the wishes of Putin’s Russia to undermine the economy of Ukraine, just as we now see in the Kerch Strait?

[Lord Ahmad of Wimbledon]

I agree with the noble Lord. There would be an impact if Nord Stream 2 goes ahead—current gas supplies run through Ukraine to Slovakia, and then pass back to Ukraine because of the nature of the relationship between Russia and Ukraine—as Ukraine’s economy would lose out because transit fees currently form about 3% of its GDP. I agree with the sentiments being expressed. The points that have been raised are points that we raise with the European Commission and our European partners.

Kimberley Process Certification Scheme (Amendment) (EU Exit) Regulations 2019

Lord Ahmad of Wimbledon Excerpts

Thursday 28th February 2019 Lords Chamber

Moved by

[Lord Ahmad of Wimbledon]

That the draft Regulations laid before the House on 20 December 2018 be approved.

Relevant document: 14th Report from the Secondary Legislation Scrutiny Committee (Sub-Committee A). Considered in Grand Committee on 13 February.

[Baroness Northover (LD)]

My Lords, I was unable to be present when this SI was considered in Grand Committee, and I am very grateful for this opportunity to comment briefly. If the UK is indeed to leave the EU, this is an area in which we must put in place our own arrangements. The Kimberly process is an extremely important certification scheme to address the appalling abuses involving so-called blood diamonds which drive conflict, particularly in Africa. The Kimberley process seeks transparent and fair practice in this sector, and we are rightly signed up to it. I note and share the concerns expressed in Grand Committee by the noble Lord, Lord Collins, about exactly what would happen if we were to leave the EU with no deal. Nevertheless, on behalf of these Benches, we welcome the Government’s continued commitment to the Kimberley process as expressed in this SI. Whether we are in or outside the EU, this commitment is vitally important.

--- Later in debate ---

[Lord Collins of Highbury (Lab)]

My Lords, before the Minister rises, how can I resist making a contribution? The debate in Grand Committee lasted for some considerable time despite there being only the two of us; we were able to debate the issue in quite a lot of depth. One point raised, which the Minister ought to address today, is that we may await the consent of the other nations to join the convention: is there a potential gap, if we fall out of the EU, in not being a full member of the convention?

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

I think we are at risk of having as long a debate as we did in Grand Committee. I am glad to see that the diamonds issue is creating a lot of interest in your Lordships’ House, in contrast to that day in Grand Committee.

I welcome and thank the noble Baroness, Lady Northover, for her support of the Government’s position. We are agreed, irrespective of the differences and questions that have been raised, about the importance of continuing the Kimberley process. As the noble Lord, Lord Hain, himself has said—I acknowledge that he was instrumental in starting this process—successive Governments have continued with our membership because, plainly and simply, it is the right thing to do. Certainly the Government’s planning and programme is a reflection of the fact that there should be no gap. When we leave the EU, there should be a continuation of our membership of the Kimberley process, and appropriate programmes have been set up to ensure that that happens.

I cannot leave this Dispatch Box without responding to the noble Lord, Lord Foulkes, who raised the issue of the Prime Minister. The Prime Minister is leading our country at perhaps one of the most challenging times that our history has faced, certainly in my lifetime. What is needed right now is a good deal to allow us to leave the EU. The more time that we spend debating SIs and prolonging the process through unnecessary debate, the more that we will not achieve that end. What is required now is for the whole country, this House and the other place to get behind the deal, do the deal and get behind the Prime Minister, who is leading our country in most challenging times. I say to the noble Lord that I know the Prime Minister; I have known her for 27 years. She is a lady of principle and passion, and she is showing both.

Motion agreed.

Kimberley Process Certification Scheme (Amendment) (EU Exit) Regulations 2019

Lord Ahmad of Wimbledon Excerpts

Wednesday 13th February 2019 Grand Committee

Moved by

[Lord Ahmad of Wimbledon]

That the Grand Committee do consider the Kimberley Process Certification Scheme (Amendment) (EU Exit) Regulations 2019.

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

My note here starts with: “My Lords”. I am also addressing the public, but I am glad that the Deputy Chairman of Committees is also present, so the term applies most appropriately.

During the 1990s, the trade in conflict diamonds was a significant cause of instability, particularly in Africa. The Kimberley Process Certification Scheme is an important tool for reducing conflict, in Africa and elsewhere. Great strides have been made since its inception in 2002, and today more than 99% of the global supply chain of rough diamonds is certified as conflict-free.

From the beginning of the Kimberley process, the United Kingdom has been represented by the European Union. Together with our European partners and other participants, the UK has been active in our support of the Kimberley process and its principles: to increase transparency, to ensure trade is limited to Kimberley process participants, and, importantly, to apply effective controls.

The Kimberley process is not a treaty and has no basis in international law. Instead, it is simply a grouping of interested states—the “participants”—that have decided to enact domestically a uniform process for verifying the trade in rough diamonds at their borders. They then made the political decision to permit the trade in rough diamonds only with similarly minded states to establish the Kimberley process. The legal effects of the Kimberley process come from domestic legislation, hence this legislation is essential if we are to continue to participate in the process after we leave the European Union—as we intend to do.

As noble Lords will be aware, until 29 March 2019, the UK remains a full EU member state, subject to all the rights and obligations of membership. Those include trade arrangements that fall within the EU’s common commercial policy, including the Kimberley process. Under the terms of the withdrawal agreement, we have agreed with the EU that it will notify international partners that the UK is to be treated as a member state during the implementation period. This would mean that the UK would continue to participate, represented by the EU, and the UK trade in Kimberley process-compliant rough diamonds would continue. In the event that we are unable to enter into an implementation period, our participation through the EU would end and UK trade would be frozen until our application for participation was approved by other participants in the Kimberley process.

In either case, the legislation would ensure that we continue to comply with the requirements of the Kimberley process. It would secure our borders, prevent any non-compliant rough diamonds from entering the UK supply chain and send a strong message to would-be smugglers that the United Kingdom is not a recipient of conflict diamonds. It would also reassure the Kimberley process body of the UK’s commitment to the scheme, ahead of our application for independent participation. The instrument does not undermine the wider EU withdrawal negotiations, nor does it assume no deal. Instead it lays the groundwork for our future relationship with, and independent participation in, the Kimberley process. Essentially, it enables business as usual.

This matters because maintaining our relationship with the Kimberley process is an intrinsic element of our international commitments to conflict prevention. It is also pivotal in how we support UK business to operate responsibly in post-conflict and other difficult environments. The Kimberley process is not perfect, but as an independent participant, the UK will maintain our commitment to the ongoing reform process and continue to be an active and collaborative partner.

Some noble Lords have noted that a significant portion of UK trade in rough diamonds could fall away once we have left the EU. The reality is that, given the structure of the UK rough diamond market, trade statistics can be misleading. UK exports in rough diamonds outside the EU were valued at £67 million in 2017. We expect this to continue at around this level once we have left the EU.

The Government Diamond Office implements the Kimberley process in the UK, and is working closely with Border Force to ensure we meet the minimum standards set by the process. We are a well-respected participant in the Kimberley process as an EU member state and can expect to remain so as an independent participant. We have already informed the EU of our intention to initiate our application. Demonstrating that we have appropriate legislation in place is a fundamental part of that application process. That is the purpose of this instrument. Once passed, it will apply even if we are not a participant immediately at the point that the UK leaves the European Union, or after any implementation period.

Last week, this instrument was considered and approved by the other place—introduced by my right honourable friend the Minister of State for Europe and the Americas, Sir Alan Duncan—and has been approved. I welcome this opportunity to hear the views of the noble Lord on this draft order. I beg to move.

[Lord Collins of Highbury (Lab)]

I reassure the Minister that I also welcome the opportunity to give him my views, once again—we have the opportunity at frequent intervals. I will say, right from the outset, that of course we support wholeheartedly the principles of the Kimberley process. It is not perfect and can certainly be improved on regarding impact, but it has certainly had a substantial impact in diminishing that awful, illicit trade in war diamonds. It is extremely welcome that we will continue to apply the principles after Brexit, and certainly ensure there are no gaps that could potentially be exploited.

One area of criticism is the fact that, as an exit SI, it is caught up in this overwhelming number that are coming forward, and whether there has been sufficient time for proper scrutiny. Irrespective of that—I have called this an “SI stampede”—whatever we have, the Explanatory Memorandum sets out, as the Minister has said, the reasons for this. It is an unusual SI in terms of an exit SI, because it is required in its provisions whether there is a deal or no deal. It is just that, if there were a deal within the transitional period, we would be able to ensure that our transition from EU involvement to being an independent participant goes smoothly.

There is a slight difference between a deal or no-deal situation. As the Minister said, 82 countries are members, and Sir Alan Duncan said in the other place that he was confident our existing participant status would be embraced by the 81 as we reapply on a slightly different basis. But doing so within the terms of an agreement to leave the EU is different from coming out at the end of March. We are faced with possible consequences, and it is those consequences that I will address.

As the Minister said, in the event that we are unable to enter an implementation period, our participation through the EU would end and UK trade would be frozen until our application for participation was approved by the other participants in the Kimberley process. In either case, as he says, this draft legislation will ensure that we continue to comply with the requirements of the process. It will secure our borders, prevent any non-compliant rough diamonds entering the UK supply chain, et cetera.

What assessment have the Government made of the impact such a break in our coverage of the process would have on our conflict prevention objectives and obligations? We have been a prime mover of this, so would there be any sort of impact? While we are saying we are going to ensure we remain compliant even outside the process, I want a better understanding of what assessment has been made if we are outside it.

Sir Alan Duncan said that the cost would be the same as now. Likewise, the impact is unchanged, hence the absence of a need for an impact assessment. Paragraph 13 of the Secondary Legislation Scrutiny Committee’s report quotes the Explanatory Memorandum on why there would be no significant impact on business—because it broadly replicates what we have now, and will apply in a no-deal situation. But the committee—I want to ask the Minister about this—found the Explanatory Memorandum,

“deficient for not articulating more clearly the potential financial and commercial consequences for the trade if endorsement of the UK’s application to the Scheme is delayed”,

coming back to this point that inevitably, if we fall out of EU at the end of March, there will be a period when we are not covered. What does that actually mean?

Is the Minister able to say categorically that a no-deal scenario, where for a period we may be outside the scheme, would not involve any additional cost to the UK diamond trade? Sir Alan Duncan responded to Bob Stewart in the other place on the fact that this is about rough diamonds, not the sort of imports and exports that Hatton Garden would have. He said that this SI,

“is about a particular category of diamond. The draft regulations mean that if we were a participant, anything legal in the Kimberley process would include us in that process; if we do not pass them today, it would not”.—[Official Report, Commons, Seventh Delegated Legislation Committee, 5/2/19; col. 8.]

I understand that this is a case for making this SI. I do not have any objection, but I want to be absolutely clear that, in this no-deal scenario, the Government are completely satisfied that there will be no financial impact, particularly on small businesses. Has there been any consultation with the trade on this specific point?

With these few remarks, I will leave it for the Minister to respond.

[Lord Ahmad of Wimbledon]

My Lords, I am truly grateful for the noble Lord’s participation, without which we might not be having this SI debate. I thank and pay tribute to the noble Lord. It is often said that you call your friends “diamonds”. We may call each other “noble Lord” and not “noble friend”, but I am grateful that I have a diamond of an opposition shadow Minister to deal with—often in a spirit of harmony. On the odd occasion we challenge each other, it is reflective of our mutual respect. I am grateful to the noble Lord for his contributions this afternoon.

As I outlined in my opening remarks, this instrument is crucial to the UK’s participation in the Kimberley process. This point was acknowledged by the noble Lord, and I thank him for his support in this regard. In turn, he raised the important issue of conflict-prevention objectives and obligations. As we have both acknowledged, the convention is not perfect, but this instrument seeks to ensure the continuity of the UK’s participation in a process that has seen results, especially when you see the commitment of the countries now participating in this process. It is right that countries come together to ensure that we protect this important sector and industry and send a clear message to those seeking to exploit the trade in rough diamonds. It is also important to note that this instrument maintains the status quo of the UK’s participation in the scheme.

The instrument is fully consistent with the Prime Minister’s commitment to be a supportive member of the European Union—both as we negotiate our departure and once we have left. It ensures the UK’s continuous compliance with the scheme.

I will pick up on a few of the noble Lord’s specific questions. He talked first about what would happen if the UK were not able to participate in the Kimberley process in the case of a no-deal exit from the European Union. This would of course affect the integrity of the process which we helped to establish. Without this legislation before the Committee, the UK would not have the power to seize illegal rough diamonds and would be perceived as a weak link in the process. Irrespective of how we leave the EU, this SI will ensure the UK’s adherence to the principles of the Kimberley process. It will demonstrate the UK’s continued commitment in this respect.

The noble Lord then built on the issue of conflict prevention. The fact that we are committed to participating, irrespective of the nature of our departure from the EU, underlines the importance of having this SI in place for both scenarios. Across the House, we are focused on the importance of ensuring that we prevent conflict—as I know the noble Lord is.

The noble Lord also asked about the costs associated.

[Lord Collins of Highbury]

Before the Minister leaves the point about maintaining our objectives and policy, I have a question. As it sort of states in the memorandum of agreement, I accept that, irrespective of whether we are able to participate as a member of the convention, we will continue to apply its conditions. That is how I read the statement. However, even if we continue to apply it, will our not being—potentially for a period—a participating member of the convention allow any gaps in our ability to ensure a continuation of this?

[Lord Ahmad of Wimbledon]

In passing this SI, we are committed to ensuring that in any kind of gap that would occur—irrespective of whether we are formally part of the Kimberley process or not—our own industry, sector and standing as a country would be protected. In addition, more importantly, as I said, we would be committed to prevent anyone using the exit from the European Union, if it is on the basis of a no deal, to exploit any such gaps. I hear what the noble Lord said. The way this SI is drafted is to ensure that we are ready and will apply those same rules, irrespective.

The noble Lord raises the specific issue—it is a valid one—that if we were not to be part of the Kimberley process if there is no deal and there is a delay in gaining our independent participation by a given date, that would result in issues around trade. That would have an impact and I do not shy away from that fact. However, it is our hope and—it was coincidental that we informed the EU of our application to join as an independent member, not just as a member of the EU, because the EU was actually the chair of the Kimberley process at that time—we have certainly not perceived any reason why we would not be able to join as an independent member.

Turning to trade and the costs, the noble Lord asked for a categoric assurance that there would be no impact. That kind of categoric assurance cannot be given. What we do have is the fact that the UK rough diamond trade currently comprises around 15 regular traders, with a few additional ad hoc traders. De Beers also imports rough diamonds for research and development and exhibition purposes. While I cannot give a categoric assurance, I assure the noble Lord that we have been in contact with traders who are making appropriate contingency plans, and we will be looking to support the industry in this respect. I assure the noble Lord that we understand that companies involved in this process will be taking appropriate contingency measures.

I appreciate that the noble Lord draws attention to the cost to the industry, and as best as possible we have certainly looked at it. We believe this will be limited. The statutory instrument itself is reflective of our intention to stay and be committed to the process. In passing this instrument today, we will ensure that and give an important signal not just to our EU partners but importantly to all members of the Kimberley process. I hope I have addressed the noble Lord’s questions quite directly.

Motion agreed.

China: Uighur Muslims

Lord Ahmad of Wimbledon Excerpts

Monday 11th February 2019 Lords Chamber

[Lord Ahmed]

To ask Her Majesty’s Government what assessment they have made of the allegations of human rights abuses committed against the Uighur Muslim community in the Western Province of China.

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

My Lords, we remain seriously concerned about the human rights situation in Xinjiang, including the use of political re-education camps and widespread surveillance and restrictions targeted at Uighur Muslims and indeed other minority groups. Our diplomats recently visited Xinjiang. We believe strongly that everyone everywhere should enjoy equal rights and protections under the law. That is why we are promoting and defending human rights, including the right to freedom of religion or belief, which is a fundamental part of the UK’s foreign policy.

[Lord Ahmed (Non-Afl)]

I thank the Minister for his reply. As he has already confirmed, according to media and social media reports, concentration camps, mass surveillance, forced disappearances, torture and the banning of religious practices are all happening there. Will the Minister join me in condemning these gross violations of human rights by the Chinese authorities, and will he demand the closure of these concentration camps and access for UN representatives to confirm that the detainees have been released and the camps have been closed down?

[Lord Ahmad of Wimbledon]

The noble Lord rightly raises important issues and concerns. Reports have also indicated that even basic expressions of religious symbolism, such as the growing of a beard or the wearing of a headscarf, are used as indicators to target particular communities. I assure the noble Lord that we are working on this, including with the UN, which he mentioned. We have clearly asked the Chinese authorities to implement the full recommendations of the UN Committee on the Elimination of Racial Discrimination, and we have reminded them both bilaterally—as the Foreign Secretary did last year in his meeting with the Chinese Foreign Minister—and in the Human Rights Council that our concerns about the camps and the reports from our diplomats in Beijing require action. On human rights more generally, I assure the noble Lord that I am specifically looking at the next meeting of the Human Rights Council in March to see how we can not just lobby on this issue but build stronger alliances.

[Lord Dholakia (LD)]

My Lords, the noble Lord is right to raise his concerns about the abuse of human rights of the Uighur community in Xinjiang province. Today, Turkey has made a formal protest to the United Nations, asking it to investigate what is going on in that part of the world. Have we made formal representations to the United Nations, and have we warned the International Criminal Court to keep an eye on what is happening in some of these camps?

[Lord Ahmad of Wimbledon]

My Lords, as I said, the United Kingdom has taken a very serious stance on this issue. I mentioned the Human Rights Council. At the latest UPR last November, we raised not the general issue of human rights but specifically the plight of the Uighurs and the detention camps. I assure the noble Lord that we will consider all avenues at our disposal to raise these issues bilaterally with China and through building international alliances. It is because of the strength of our relationship with China, which is an important one, that we can raise these issues in a candid manner.

[Baroness Berridge (Con)]

My Lords, there have been consistent reports from within these re-education camps that Uighur Muslims were forced to give DNA tissue and blood, and consistent allegations that Falun Gong followers have been subject to forced organ harvesting. Have we spoken to the Chinese about our worries about those tests and their purpose, and whether they are in any way connected to the recent worrying reports of rogue gene editing in China?

[Lord Ahmad of Wimbledon]

My noble friend makes some important points. On organ harvesting, I am fully cognisant of the issue of Falun Gong, which I know the noble Lord, Lord Alton, has raised several times. As my noble friend may be aware, Sir Geoffrey Nice conducted a report on this matter, the preliminary findings of which have been made available; the final report is still due. Foreign Office officials attended the launch of the preliminary report and will attend the follow-up meeting. On the other issues she raises, let me assure her that in all our interactions with the Chinese Administration, we have made it very clear that their actions are disproportionate, discriminatory against particular communities and, indeed, counter- productive in the longer term for China as it seeks to establish its position on the world stage. I assure my noble friend that we will continue to raise these issues through all avenues.

[Lord Alton of Liverpool (CB)]

My Lords, in the aftermath of the death in detention of the Uighur poet and musician, Abdurehim Heyit, how does the Minister respond to the Turkish Foreign Ministry—referred to by the noble Lord, Lord Dholakia—calling on China to close the camps, alleging, in its words, “torture and brainwashing” and calling them “a shame on humanity”? Can we expect to see the United Kingdom Government not only press again the human rights point with the Security Council but raise with China the danger to its whole belt and road initiative, which is in jeopardy if many countries with large Muslim populations decide to follow Turkey’s lead and start imposing sanctions, preventing the development of those capital projects?

[Lord Ahmad of Wimbledon]

Like the noble Lord, Lord Dholakia, the noble Lord raises the issue of Turkey and other countries. I assure them that we are working with all international partners on this important priority. I agree with the noble Lord about the camps. First, China claimed that they did not exist. Now the claim is that they are there for re-education. About 10% of the whole Uighur community is being held in these camps. It is clear that the camps are extrajudicial and are held so that people can change their faith. We are aware of the various reports and we will act to ensure that they are verifiable. That does not mean that we are sitting back and doing nothing; we are working with all like-minded partners. As I said in response to the noble Lord, Lord Ahmed, I shall seek to take this up during Human Rights Council meetings as well.

[Baroness Kingsmill (Lab)]

My Lords, will the Government consider making representations to the Trump Administration in respect of the human rights of the hundreds, possibly thousands, of children currently caged, it would appear, many of whom have been lost in the system? There is a real breach there. They are our allies. It would be helpful if representations were being made.

[Lord Ahmad of Wimbledon]

My Lords, the noble Baroness raises a number of issues, including the allegations of children being caged. All these matters are very much on our radar. Specifically on the American question, I am in regular contact with Sam Brownback, the US ambassador for freedom of religious belief. I hope to meet him very soon and I assure the noble Baroness that we will discuss this issue.

[Lord Collins of Highbury (Lab)]

My Lords, there are pictures of these camps on the BBC website. They are huge and the idea that they are somehow for educational purposes is just crazy. Can the noble Lord tell us more about building alliances, because the international response to this crisis has been muted? What is he doing, specifically with other Muslim countries, to try to build up a much stronger response so that China does listen?

[Lord Ahmad of Wimbledon]

I too have seen those images and anyone who has cannot help but be appalled by them. The noble Lord raises the issue of building alliances. I have talked about the Human Rights Council and my meeting with the US ambassador for freedom of religious belief. However, this is not just about Muslim countries. As I often say, I defend the rights of Christians and people of no belief, not despite being a Muslim but because I am a Muslim—as anyone of any faith would protect the rights of others. That is the British Government’s approach, which I know is shared by the noble Lord and, indeed, across the House. That is how we will approach this issue.

Venezuela

Lord Ahmad of Wimbledon Excerpts

Thursday 7th February 2019 Lords Chamber

[Lord Garel-Jones]

To ask Her Majesty’s Government what steps they are taking to assist Venezuela in holding a free, fair and democratic presidential election.

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

My Lords, on 4 February my right honourable friend the Foreign Secretary announced that the United Kingdom recognised Juan Guaidó as the constitutional interim President of Venezuela until credible presidential elections can be held. The United Kingdom, alongside its international partners, is committed to working to secure a peaceful solution to this crisis and prevent the risk of further violence. Our focus is on supporting the democratically elected parliament of Venezuela to resolve the current crisis to the benefit of the Venezuelan people.

[Lord Garel-Jones (Con)]

My Lords, I commend the Government for joining Germany, France, Spain and others in Europe in rejecting the failed Administration of Maduro. As soon as possible, will the United Kingdom Government provide aid for the humanitarian crisis facing that country? Furthermore, when we get a democratically elected Government, will Her Majesty’s Government make representations to the IMF and other international lenders to get the huge debt that will be inherited from the failed Administration renegotiated? Lastly, have the Government had any indication that the leader of the Opposition in another place has had a change of heart, or does he continue, along with Russia and China, to support the failed Maduro Administration?

[Lord Ahmad of Wimbledon]

My Lords, first, on the issue of humanitarian aid, I think we have all watched pictures on the television showing the desperate plight of the Venezuelan people. I assure my noble friend that DfID is working very closely with my right honourable friend the Minister for the Americas, Sir Alan Duncan. We are already working through UN agencies to provide essential funding, particularly to the more than 3.2 million people who have fled Venezuela since the crisis began. On his second, very pertinent question, on the IMF, I assure my noble friend that we recognise that reconstruction in Venezuela will require support from international financial institutions and that, when the time is right, the UK will work closely with those and all like-minded international partners with the aim of getting Venezuela’s economy back on track.

On my noble friend’s final question, on the position of Her Majesty’s Opposition and, in particular, the leader of Her Majesty’s Opposition, while I have not heard directly from him, I followed the speech of the shadow Foreign Secretary, who answered a question on Venezuela yesterday. I am sure the noble Lord, Lord Collins, is taking note—

[Lord Collins of Highbury (Lab)]

Will the Minister give me a chance to speak?

--- Later in debate ---

[Lord Ahmad of Wimbledon]

I will, but I am answering the question first. I was struck by the fact that the shadow Foreign Secretary said that we should be led by the countries of the region. Well, the countries of the region who have recognised the interim President—let us leave the US and Canada aside—are Argentina, Brazil, Chile, Colombia, Costa Rica, Ecuador, Guatemala, Panama, Paraguay and Peru. If she wants to follow the lead of the region, I suggest that Her Majesty’s Opposition look at that list very carefully.

[Lord Collins of Highbury]

I really must intervene. The noble Lord has used this Question as a Statement. The Statement is not being repeated in this Chamber. Let me make it absolutely clear: the position of the Opposition is that democracy has failed in Venezuela and the sooner we get free and fair elections, the better. We want from the Government, as the noble Lord said, a clear commitment to work with the international community to ensure that the humanitarian and economic crisis in Venezuela is addressed, because we know that Trump will not address it.

[Lord Ahmad of Wimbledon]

I ask the noble Lord again. We are addressing it and I have given a clear indication of what the Government are doing, but the Opposition need to step up to the mark. If you ask the people of Venezuela one question—what is the freedom they are fighting for?—they say they want free and fair elections. Maduro has not given them; it is time that Her Majesty’s Opposition recognised the interim President.

[Baroness Northover (LD)]

My Lords, given that Maduro has not given up and that the army has not deserted him, what action can we take to warn him to respect the right of the Venezuelans to demonstrate peacefully without risk to life and limb? Can the Bank of England take action to hold Venezuelan funds, which Maduro is apparently trying to access at the moment?

[Lord Ahmad of Wimbledon]

The noble Baroness raises an important point about the Bank of England. I am sure that, with its independent role, the Bank will abide by all rules and is looking at the situation in Venezuela very closely. She raises a very pertinent point about peaceful resolution. That is why, along with like-minded nations including leading European nations, we believe that recognising the interim President is an important first step, and we now call for Maduro to step aside and announce the appropriate date when presidential elections can take place.

[Viscount Waverley (CB)]

My Lords, I remind the Minister that I have some related unanswered Questions, which he will no doubt answer in due course. Can he confirm whether gold assets are being held by the Bank of England on behalf of the Central Bank of Venezuela? Has there been any request to effect a transfer of any part of those assets? Are the Government empowered to block future requests for anything other than a proven legitimate reason?

--- Later in debate ---

[Lord Ahmad of Wimbledon]

With any matters relating to the Bank of England, it is appropriate for the Bank of England, in terms of confidentiality, to respond. The noble Viscount’s point is important. In making a request for a client, I am sure that the Bank of England would look at the appropriateness and legitimacy of both the client and the request.

[Lord Howell of Guildford (Con)]

My Lords, like others, I welcome the decision of Her Majesty’s Government to support other allies and democracies in support of Juan Guaidó. Does the Minister accept the urgent need to encourage all democratic parties—across parties; this is not a party issue—to condemn the socialist despot, Mr Maduro, and his pitiless Administration? As a democracy, surely all parties in this nation should roundly support that cause.

[Lord Ahmad of Wimbledon]

My noble friend makes an important point. As I said, along with other nations in the region and our European partners, we have asked Maduro to step aside. In terms of the economy and the suppression of freedom of speech and freedom of the press, the current situation in Venezuela is dire. That needs to be recognised, and all parties in this House and beyond need to recognise the interim President.

Intermediate-range Nuclear Forces Treaty

Lord Ahmad of Wimbledon Excerpts

Tuesday 5th February 2019 Lords Chamber

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

My Lords, with the leave of the House, I shall repeat in the form of a Statement the Answer given to an Urgent Question in the other place on the Intermediate-Range Nuclear Forces Treaty. The Statement is as follows:

“When I had the opportunity to respond on this issue in the House last October, President Trump had just announced that it was the intention of the United States to end the Intermediate-Range Nuclear Forces Treaty unless Russia returned to full compliance. Let me once again set out the context. The INF treaty was the 1987 agreement between the United States and the Soviet Union that eliminated nuclear and conventional ground-launched ballistic and cruise missiles with a range of between 500 kilometres and 5,500 kilometres. For over three decades now, the INF treaty has played an important role in supporting Euro-Atlantic security, initially removing an entire class of US and Russian weapons, thus making a significant contribution to strategic stability.

While the UK is not a party to this bilateral treaty, we have always made it clear over the years that we ideally wish to see the treaty continue. However, for that to happen, the parties need to comply with their obligations. Sadly, this has not been the case. Despite numerous objections raised by a range of NATO allies going back more than five years, Russia has developed new missiles in direct contravention of the treaty. This includes the covert missile testing, producing and fielding of the 9M729 ground-launched cruise missile system. As NATO Secretary-General Jens Stoltenberg has said:

‘These new missiles are hard to detect. They are mobile. They are nuclear capable. They can reach European cities’.


The US, under both the Obama and the Trump Administrations, has made extensive efforts to encourage Russia to return to full and verifiable compliance. It was indeed the Obama Administration who, in 2014, first strongly called out Russia’s non-compliance with this treaty. It is important to acknowledge that, while doing so, the US has continued to meet its obligations under the treaty. However, the US, with the full support of its NATO allies, has been very clear that a situation where the US fully abided by the treaty and Russia did not was not sustainable. On 4 December last year, US Secretary of State Mike Pompeo announced that the US would suspend its participation in the INF treaty within 60 days—that is, by 2 February 2019—unless Russia returned to compliance.

This constituted an opportunity for Russia to address our shared concerns and to take steps to preserve the treaty. Allies took the opportunity to reiterate this point last month to the Russian Deputy Foreign Minister, Sergei Ryabkov, during the NATO-Russia Council meeting. I have to inform the House that Russia has not taken that opportunity. It has offered no credible response, only obfuscation and contradictions designed to mislead. This of course fits a wider pattern of behaviour from Russia aimed at undermining our collective security. We and all NATO allies therefore support the US decision to suspend its participation in the treaty and to trigger the formal withdrawal process. NATO is unified on this process.

It is Russia’s fault alone that we have arrived at this point. President Putin’s statements in the last few days announcing that Russia, too, will suspend its obligations was unsurprising given the fact that it has violated the treaty over the years. Nevertheless, even at this late stage, we urge Russia to change course. The treaty’s six-month withdrawal process offers Russia a final opportunity to return to compliance through the full and verifiable destruction of all its 9M729 systems. That is the best—indeed, the only—way to preserve the treaty.

We remain committed, as do the US and other NATO allies, to preserving effective arms control agreements, but we are also clear that for arms control to be effective, all signatories must respect their obligations. In the meantime, we are working closely with all our NATO allies on the implications for European security. We remain committed to ensuring that NATO has a robust defence posture to deter all threats. As NATO allies said on 2 February:

‘NATO continues to closely review the security implications of Russian intermediate-range missiles and will continue to take steps necessary to ensure the credibility and effectiveness of the Alliance’s overall deterrence and defence posture. We will continue to consult each other regularly with a view to ensuring our collective security’.


If this treaty falls, we and other NATO allies will hold Russia alone responsible. We urge Russia now to take a different course and to return to full and verifiable compliance”.

[Lord Collins of Highbury (Lab)]

My Lords, I thank the Minister for repeating that response to the Urgent Question. As he repeated, and as Mark Field said yesterday in the other place, the treaty’s six-month withdrawal process offers Russia a final opportunity to return to compliance.

Last October, we had a similar Answer repeated in this Chamber. I asked the Minister whether we were consulted over the initial announcement. He said that the UK Government,

“continue to work very closely with the United States and other NATO allies to ensure that our efforts over the past 30 years are not just sustained but strengthened”.—[Official Report, 24/10/18; col. 864.]

Will the Minister tell the House what steps the Government have taken to try to bring the US and Russian Governments back to the negotiations? Will he tell the House what discussions he or the Foreign Secretary have had with their US counterparts?

There is another issue here. I know this is a bilateral treaty, but what contact has the Foreign Secretary had with other countries, including China, which have developed INF-proscribed weapons, so that a future multilateral framework may be developed that could supersede and replace the INF treaty?

[Lord Ahmad of Wimbledon]

Taking the noble Lord’s last question first, he will know that the INF treaty is a bilateral treaty between the United States and the Soviet Union, as it then was, although he raised an important point about nuclear weapons more generally. I assure him that the United Kingdom continues to work, particularly through alliances such as NATO, against the continued proliferation of such weapons and to ensure that the limitation that can be applied to them is upheld. That is why we welcomed further agreements that have been signed between the United States and Russia, particularly in relation to the New START agreement, which seeks to address this issue.

The noble Lord asked about the relationship and the discussions which have been taking place. He is quite right that in October we had talks on this issue. After that statement by the US, the current US Administration has initiated a series of meetings with close allies, including NATO. We continue to exchange detailed information on Russian violations and how we may best achieve shared policy objectives.

The other thing that I would bring to the noble Lord’s notice is that the US first declared Russia to be in breach of its compliance with the INF treaty back in 2014. At no point during that time has Russia provided a credible response. Indeed, the first response from Russia was that it was compliant. It was only in 2017 that it acknowledged that the missiles in question exist.

On whether there was a specific notification from the US on this occasion, we had already had discussions with the US. The message about the exact timing of the President’s public announcement was not communicated directly, but the recent announcement came as no surprise, bearing in mind the October announcement.

[Lord Campbell of Pittenweem (LD)]

Will the Minister join me in putting aside questions of blame and responsibility, and consider the nature of nuclear arms control? It can reasonably be said that its architecture is crumbling before our eyes. It is not just the INF treaty; it is the Iran nuclear treaty, the prospects for renewal of the Strategic Arms Reduction Treaty between the United States and Russia—which are generally now described as very unlikely—and the fact that the comprehensive test-ban treaty, first available in September 1996, is still not yet in force. We have in front of us, in 2020, the next review conference of the nuclear non-proliferation treaty. Would the Minister like to share with us precisely what position the United Kingdom is going to take in 2020 on the nuclear non-proliferation treaty, given that all around us it appears that nuclear arms control is disappearing before our eyes?

[Lord Ahmad of Wimbledon]

The noble Lord is right to raise concerns. The United Kingdom and Her Majesty’s Government have raised these concerns directly. When it came to the Iran nuclear deal, notwithstanding the United States’ decision, we were firm and strengthened our co-operation with our European allies to ensure that that treaty remains alive. We will continue to work with all allies—including, particularly, NATO—to ensure that proliferation can be addressed.

The noble Lord asked about the UK’s position across the piece on nuclear weapons. We have made it very clear through our actions that we are a responsible nuclear power. We have over the years reduced the number of our own nuclear weapons and we will continue to work with key partners, most prominently NATO, to ensure that any challenges and security risks are worked through to ensure that we can work towards the reduction of nuclear weapons. That said, the risks are real. Those countries which do not abide by their obligations put such issues at risk and therefore we implore Russia to take note. I hope that this six-month period provides a moment of reflection for Russia.

[Lord Hamilton of Epsom (Con)]

My Lords, my noble friend has pointed out that reservations about this treaty were expressed by the Obama presidency, long before President Trump was elected. Surely if one side breaks a treaty, it is time to abandon it altogether. On the point that the noble Lord, Lord Collins, made about bringing the two sides together, surely 60 days’ notice is quite long enough for the Russians to indicate that they are prepared to discuss this matter, and I believe that they have not done so.

[Lord Ahmad of Wimbledon]

My noble friend speaks with great insight on these matters and I agree with him. Since October, there has been some hope of notice being given. The United States has shown that it acted in line with its obligations—it continued to abide by the treaty—and it has to be made absolutely clear that it is because of Russian actions that we have reached this point. However, there remains a window of opportunity. In line with the details of that treaty, there remains a six-month window, during which there is an opportunity for Russia to step up to the mark and fulfil its obligations. However, I agree with my noble friend, bearing in mind that the first occasion on which its non-compliance was brought to light was in 2014 and it took another three years before there was even a basic acknowledgement by the Russians that these weapons existed. The challenge remains real and the UK supports the United States’ actions.

[Lord Browne of Ladyton (Lab)]

My Lords, Europe has been the greatest beneficiary of this treaty since 1987. With the suspension of compliance by both the United States and Russia, Europe is now much less secure, and it will continue to be while that compliance is suspended. On the date in December when the United States gave Russia notice of its intention, there was a NATO Foreign Ministers’ meeting in Brussels. The statement from that meeting included the following paragraph:

“Allies are firmly committed to the preservation of effective international arms control, disarmament and non-proliferation. Therefore, we will continue to uphold, support, and further strengthen arms control, disarmament and non-proliferation, as a key element of Euro-Atlantic security”.


How does suspending compliance with a treaty of this nature fit with that commitment, and what steps will our Government take to live up to it? What are we going to do now to “further strengthen arms control” in the light of the deterioration that the noble Lord, Lord Campbell of Pittenweem, has so clearly described? We are heading for strategic problems with the new START because it is an Obama treaty and anything with Obama’s name on it is detested by the current President of the United States.

[Lord Ahmad of Wimbledon]

The noble Lord raises an important point about NATO’s previous statement. I specifically draw his attention to NATO’s statement of 1 February 2019 on this very issue. It said:

“NATO continues to closely review the security implication of Russian intermediate-range missiles and will continue to take steps necessary to ensure the credibility and effectiveness of the Alliance’s overall deterrence and defence posture”.


The NATO alliance is important, and we and all NATO partners, including the United States, are committed to it. The noble Lord will know that in April this year the next meeting of NATO will be hosted by Secretary of State Pompeo of the United States. The implication is that non-compliance and compliance have to be a two-way process. However, if from 2014 there is a clearly identified situation in which one side does not abide by the rules and does not comply, it is a tall order to expect the other side to comply. As I said, there is an opportunity for Russia to step up to the mark, and I am sure we hope that it will. However, based on experience, it might be an opportunity that is not taken up.