Syria (Sanctions) (EU Exit) Regulations 2019
Lord Ahmad of Wimbledon Excerpts(6 years, 9 months ago)
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Lord Ahmad of Wimbledon
That the Regulations laid before the House on 5 April be approved.
Special attention drawn to the instrument by the Joint Committee on Statutory Instruments, 58th Report
The Minister of State, Foreign and Commonwealth Office (Lord Ahmad of Wimbledon) (Con)
My Lords, I will speak also to the Chemical Weapons (Sanctions) (EU Exit) Regulations 2019, the Russia (Sanctions) (EU Exit) Regulations 2019, the Republic of Belarus (Sanctions) (EU Exit) Regulations 2019 and the Zimbabwe (Sanctions) (EU Exit) Regulations 2019.
Noble Lords will be familiar with the Sanctions and Anti-Money Laundering Act 2018, which passed through this House last year. It provides the UK with the legislative framework to continue to meet our international obligations, to implement autonomous sanctions regimes and to update our anti-money laundering framework after we leave the European Union—although the last of these is not under consideration today.
Noble Lords will be aware of the importance of sanctions. They are a key element of our approach to our most important international priorities. They help defend our national interests, support our foreign policy and protect national security. They also demonstrate our support for the rules-based international order. The United Kingdom has been a leading contributor to the development of multilateral sanctions in recent years. We have been particularly influential in guiding the EU’s approach and that is why, when we transition the EU sanctions regimes into UK law, we intend to carry over their policy effect. I shall say more about that in a moment.
The principal interests and threats facing the UK and the other EU member states will not fundamentally change when the UK leaves the EU. The Government recognise sanctions as a multilateral foreign policy tool and intend to continue to work in close partnership with the EU and other international partners after EU exit to address those threats, including through sanctions. The SAMLA 2018 was the first major legislative step in creating an independent UK sanctions framework. However, while the Act set out the framework needed to impose our own independent sanctions, we still require statutory instruments to set out the detail of each sanctions regime within that framework.
Such statutory instruments set out the purposes of our regimes, the criteria under which the Secretary of State may designate individuals and entities, and the types of restrictive measures imposed. They do not specify which individuals or entities will be sanctioned. The Government will publish the list of those we are sanctioning under UK legislation when those prohibitions come into force. We will seek to transfer EU designations in each case, but these decisions will be subject to the legal tests in the sanctions Act. Any EU listings that do not meet the tests would not be implemented.
One important feature of the sanctions Act, which I am sure noble Lords recall, was passed in your Lordships’ House and discussed in detail during its passage: the right given to individuals to challenge their designation. Anyone designated under these instruments will be able to request that the Minister carry out an administrative review of their designation. The procedure applicable to such requests for reviews is set out in the Sanctions Review Procedure (EU Exit) Regulations, which were made in November last year and which are now in force. If, following the review, the Minister’s decision is to uphold the designation, the designated person then has the right to apply to the High Court, or, in Scotland, the Court of Session, to challenge that designation decision. The court will apply judicial review principles to determine whether the designation decision should be set aside. It will also apply the procedure set out in the amended Civil Procedure Rules for England and Wales, the Rules of the Court of Judicature for Northern Ireland, and the Rules of the Court of Session for Scotland, which allow in particular for closed material proceedings to take place in relation to such challenges.
The sanctions Act requires a review of all UK sanctions listings at least every three years. In addition to this triannual review, the UK will review all sanctions regimes, such as those being debated today, on an annual basis and present the results in a written report to Parliament. These governance arrangements provide protection for designated persons, especially when coupled with the wider safeguards in the sanctions Act. We have published reports on the purposes of each of the sanctions regimes under consideration today and the penalties contained within them alongside the statutory instrument. These reports, plus an Explanatory Memorandum for each SI, are available in the Vote Office should noble Lords wish to see them. As I have done on previous occasions, I once again thank the Secondary Legislation Scrutiny Committee and the Joint Committee on Statutory Instruments for their close and helpful scrutiny of these SIs.
Before closing my opening remarks, I draw it to your Lordships’ attention that while the majority of the substantive provisions in the regulations come into force only on exit day, the provisions enabling sanctions designation decisions to be taken were commenced so that decisions could be taken in good order in advance of exit day. Due to the extension of Article 50, the provisions that have been commenced have not had any practical effect as no designations have been made under these powers. In the case of the Russia sanctions regulations, the provisions in Regulation 1(3) to allow designation decisions to be taken were commenced on 11 April, the day after the regulations were made. The regulations were laid before Parliament at midday on 11 April. As no time was specified for when the regulations came into force on 11 April, there was a period during that day in which the regulations were in force but had not been laid.
I regret that due to an administrative oversight, we failed to follow the correct procedure to inform the Lord Speaker and the Speaker of the other place of this pre-laying commencement. This matter was addressed as soon as the error was found but I regret that the Easter break led to the Lord Speaker not being notified until eight working days after the instrument was laid. We take seriously the procedural and legal requirement to notify the Speakers, in accordance with Section 4(1) of the Statutory Instruments Act 1946. My right honourable friend the Minister of State for Europe and the Americas, Sir Alan Duncan, has already written to the Speakers of both Houses, and to the Joint Committee on Statutory Instruments and the Secondary Legislation Scrutiny Committee. A copy of his letter has been placed in the Library. Although this is an unusual situation, we have also reviewed our processes and taken steps to ensure that it does not happen again.
I will say a brief word, if I may, on the SIs in front of us. As I said earlier, these instruments seek to substantively mirror the policy effects and mutually reinforce the measures in the corresponding EU sanctions regime. Noble Lords will note that human rights are a significant focus of the sanctions regimes being debated. I know that many are keen for the UK to develop our own, stand-alone human rights sanctions regime and may therefore query why we are simply transferring existing EU sanctions regimes. I assure noble Lords, as I have done previously, that the sanctions Act does give us the necessary powers in UK law to develop our own such regime. However, the SIs we are debating were laid on the contingent basis to provide for the continuation of some existing sanctions regimes should we leave the EU without a deal. As such, our priority has necessarily been to ensure the transfer of existing EU measures by laying SIs such as these. We will give consideration to new regimes as circumstances suggest and parliamentary time allows.
I turn briefly to each of the SIs in front of us. The Syria sanctions regulations aim to deter the Syrian regime from actions, policies or activities which repress the civilian population, and to encourage a negotiated political settlement to end the conflict. They include: asset freezes and travel bans on designated persons, together with financial, sectoral and aircraft sanctions; and wide-ranging trade restrictions, including on goods and technology which may be used for internal repression and in intercepting and monitoring telecommunications, but also in respect of other goods and technology such as crude oil, jet fuel, luxury goods and items that could contribute to chemical and biological weapons.
Noble Lords will have noted that the JCSI has reported on the drafting of these regulations. Paragraph 16 of Schedule 6 to the Syria (Sanctions) (EU Exit) Regulations permits the Secretary of State to issue licences for financial transactions involving the Central Bank of Syria or the Commercial Bank of Syria. The JCSI’s concern is that this paragraph could be seen to prejudge the question of whether those banks are to be designated under the regulations. We take these concerns seriously and recognise that the drafting could have been clearer. However, from the outset, I reassure your Lordships’ House that the Secretary of State’s discretion has not been fettered, and any decision to designate will be taken in the proper way.
Lord Ahmad of Wimbledon
My Lords, I thank all noble Lords who have participated in this debate. The noble Baroness, Lady Northover, said that I spent a bit more time setting out the detail in my introductory remarks. I had hoped to avert certain questions by doing so, but as I look at the pile of notes in front of me, perhaps that has not quite been the case. However, I want to put on the record my heartfelt thanks to the noble Baroness and to the noble Lord, Lord Collins, in acknowledging the co-operation and collaboration I received during the passing of the sanctions Bill.
Turning to the SIs before the House, again I am very respectful of the detailed assessment that has been made by the noble Baroness, the noble Lord and, indeed, other noble Lords. The noble Lord, Lord Chidgey, has brought to us his specialist insights into Africa. I will certainly seek to answer some of the specific questions which have been raised, but if some are not responded to in the time I have available, I will write to noble Lords.
The noble Baroness, Lady Northover, set out a series of questions on the thematic issues covering cyber, human rights and chemical weapons. As she will know, the EU chemical weapons sanctions regime was adopted in October 2018 and the listings were then adopted in January 2019. On cyber sanctions, we welcome the strong October Council conclusions giving a mandate to progress this work. We look forward to taking this work on through the EU both quickly and thoroughly. Again on cyber, I take the lead responsibility on this issue for the Foreign and Commonwealth Office, and of course I will be pleased to work with the noble Baroness in respect of any specific suggestions she has as we move forward.
The noble Lord, Lord Collins, and the noble Baroness, Lady Northover, both raised the issue of the human rights regime. One example that I can share is that we continue to work closely with our Dutch colleagues by supporting their efforts in crafting a cross-European perspective on human rights for an EU human rights regime. Perhaps I may reassure the noble Lord, Lord Collins, that we are working closely with the Netherlands in that respect.
The noble Baroness, Lady Northover, referred to an issue that she has raised several times in the past. She asked how the UK would work with the EU in the future on sanctions, and specifically how that would be decided. The EU-UK political declaration states that there would be consultation on sanctions with an intensified exchange of information where foreign policy objectives are aligned, with the possibility of adopting mutually reinforcing sanctions. We are working to strengthen our bilateral relationships with key partners not only in Europe but also globally. We are also establishing a new network of sanctions officers in key partner countries.
Perhaps I may also say for the record that I agree completely with the noble Lord, Lord Collins, that the effectiveness of sanctions can be felt only if they are imposed in collaboration and through collective action. It is certainly our intention to do just that. There is no point imposing sanctions on an individual or organisation if they can be in a neighbouring country and operating freely. The collaboration and collective action we have seen with the EU—the close co-operation—will continue after we leave the European Union.
The noble Baroness, Lady Northover, asked a specific question about the Belarus sanctions and what they have accomplished thus far. The sanctions regime is part of our efforts to engage with the Government of Belarus to improve the situation, particularly on human rights, democracy and the rule of law. It is also designed to encourage the Belarus authorities to institute credible investigations into and criminal proceedings against persons responsible for the disappearances of various individuals between 1999 and 2000. I assure noble Lords that they are having an effect. We will continue to press—through bilateral discussions as well as through the EU with colleagues—the continuing importance of seeing that effected.
The noble Baroness and the noble Lord, Lord Collins, raised the issue of Syria. A series of sanctions continue to be in place across the piece on Syria, and I will come on to some of these in a moment. They act as a key lever by which we maintain pressure on the Assad regime to end its atrocities against the Syrian people and to engage seriously in the UN-led political process. Sanctions on Syria aim to end the violent repression of the civilian population, and we will continue to raise these issues consistently.
The noble Lord, Lord Chidgey, talked of Zimbabwe and what has been achieved thus far. As the noble Lord will know, Zimbabwe remains one of the UK’s 30 human rights priority countries. The UK continues to call for the Government of Zimbabwe to uphold the rule of law and human rights and to promote free and fair elections under the protection of the 2013 constitution and international human rights law.
The noble Lord raised the issue of a limit to the number of sanctions. I believe that we have been balanced in our approach while very candid and forthright on human rights abuses. I am sure the noble Lord agrees that the Zimbabwean economy continues to be very fragile and faces severe challenges. We are therefore balancing to ensure that we can continue to commit to some of the reforms we wish to see while maintaining a sanctions policy that still allows the economy to develop and the citizens of Zimbabwe to progress. The situation in Zimbabwe remains very fragile, and we will continue to work closely to ensure that, while the sanctions are being imposed, at the same time we look to provide some relief for the economy of Zimbabwe.
The noble Baroness, Lady Northover, asked what we hope to achieve from some of the sanctions against Russia. She is quite right to say that we led on many sanctions regimes, particularly in areas of financial services. She expressed concern over how this will continue once we leave the EU. While I cannot give her the specific nature of the governance procedures—I am sure she will respect that; it will be under discussion—I believe we will work in close alignment with EU partners and, indeed, other partner countries as well to ensure that the sanctions applied to Russia and elsewhere continue to be effectively applied.
The noble Baroness asked specifically about stronger sanctions against Russia. Through a combination of our leadership and diplomatic engagements, the UK has been at the forefront of strengthening EU sanctions in response to Russia’s actions in Ukraine. This includes new sanctions designations in response to Russian elections in Crimea, the construction of the Kerch bridge linking Russia to Crimea and, most recently, Russian aggression in the Black Sea. The UK has also been at the forefront of efforts to put in place a new EU sanctions regime focused exclusively on chemical weapons that was adopted in October 2018.
The noble Lord, Lord Chidgey, asked for examples of violations not tolerated in Zimbabwe. We condemned the human rights violations by security forces in January 2019, including the use of live ammunition against protesters. The Zimbabwe Human Rights NGO Forum has recorded many human rights violations, including 17 deaths and 81 gunshot injuries. Minister Baldwin summoned the Zimbabwe ambassador on 17 January to urge the security forces to stop using disproportionate force. As the Foreign Secretary said in the House of Commons on 22 January, President Mnangagwa must not turn the clock back. He needs to work with all Zimbabweans in dialogue for a better future. As I said, we are applying sanctions in a way that will bring some relief to the Zimbabwean people, but I assure the noble Lord that we are keeping a very close watch on the prevailing political issues on the ground.
Lord Collins of Highbury
Perhaps I may ask the noble Lord about the Joint Committee and the consultation that might have taken place.
Lord Ahmad of Wimbledon
I think that the Joint Committee has reported back but, if I may, I will cover that in my letter to the noble Lord. He raised one other point about NGOs which I have not covered. During the course of the Bill we had a discussion in which NGOs were directly involved, and there are now provisions in the Bill to protect humanitarian elements. We will continue to work very closely with NGOs. I am looking towards the Box for an answer to his specific question. I am not aware that consultations were held with the NGO community in advance of the SI. However, it is a practical idea, and consultation is always useful. I am a great believer in consulting with NGOs. As I said, I will write to the noble Lord with an answer to his question.
Once again, I put on the record my thanks to all noble Lords who have participated in this debate. I apologise if my voice sounds slightly hoarse. As I am sure noble Lords will appreciate, I am fasting at the moment. With the day having started at half-past three, and with various speeches, Questions, Statements and SIs, as much as I enjoy my role at the Dispatch Box, by 7 o’clock the Ahmad voice needs a rest. However, I appreciate noble Lords’ contributions.
Chemical Weapons (Sanctions) (EU Exit) Regulations 2019
Lord Ahmad of Wimbledon Excerpts(6 years, 9 months ago)
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Lord Ahmad of Wimbledon
That the Regulations laid before the House on 22 March be approved.
Russia (Sanctions) (EU Exit) Regulations 2019
Lord Ahmad of Wimbledon Excerpts(6 years, 9 months ago)
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Lord Ahmad of Wimbledon
That the Regulations laid before the House on 11 April be approved.
Republic of Belarus (Sanctions) (EU Exit) Regulations 2019
Lord Ahmad of Wimbledon Excerpts(6 years, 9 months ago)
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Lord Ahmad of Wimbledon
That the Regulations laid before the House on 20 March be approved.
Zimbabwe (Sanctions) (EU Exit) Regulations 2019
Lord Ahmad of Wimbledon Excerpts(6 years, 9 months ago)
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Lord Ahmad of Wimbledon
That the Regulations laid before the House on 20 March be approved.
Iran Nuclear Deal
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The Minister of State, Foreign and Commonwealth Office (Lord Ahmad of Wimbledon) (Con)
My Lords, I wish to repeat as a Statement an Answer given to an Urgent Question in the other place by my right honourable friend the Minister for Asia. The Statement is as follows:
“The UK notes with great concern the statement made by Iran today concerning its commitments under the Joint Comprehensive Plan of Action. We are analysing the detail of it and are in close contact with other parties to the deal, but I have to say to the House that today’s announcement from Tehran is an unwelcome step. I urge Iran not to take further escalatory steps and to stand by its commitments. We are not at this stage talking of reimposing sanctions but one has to remember that they were lifted in exchange for nuclear restrictions as part of the JCPOA. Should Iran cease meeting its nuclear commitments, there would of course be consequences.
For as long as Iran keeps its commitments, so will the United Kingdom. It is critical that we maintain an open dialogue with Iran. The Foreign Office political director visits Tehran this week to discuss this and a range of bilateral issues. I hope to visit Iran in the coming months.
In this regard, we recall our own firm commitments under the deal, including sanctions lifting for the benefit of the Iranian people. The lifting of nuclear-related sanctions is an essential part of the JCPOA. It aims at having a positive impact not only on trade and economic relations with that country but, most importantly, on the lives of many of the Iranian people, who have had such a tough time in recent decades. We deeply regret the reimposition of sanctions by the United States following its withdrawal from the JCPOA.
The UK, along with the remaining participants to the JCPOA—France, Germany, Russia and China—are committed to working on sanctions relief for Iran, together with third countries interested in supporting the JCPOA. We are determined to pursue efforts, together with other European partners, to enable the continuation of legitimate trade with Iran. The UK and our European partners met Iranian officials only yesterday in Brussels to discuss the next steps needed to operationalise the special purpose vehicle, INSTEX, which is aimed to facilitate legitimate trade with Iran.
Even at this stage, we encourage all countries, including Russia and China as JCPOA participants, to make their best efforts to pursue the sanctions relief that the agreement allows for through concrete steps. We take this opportunity to call on countries not party to the JCPOA to refrain from taking any actions that impede the remaining parties’ ability fully to perform their commitments.
Finally, it is important to remember that the UK remains clear-eyed about Iran’s destabilising activity in other parts of the Middle East, including its ballistic missile programme, which must now be addressed. However, we see this being best done with the JCPOA remaining in place”.
Lord Collins of Highbury (Lab)
My Lords, I very much welcome the Minister’s Statement. Of course, it is about keeping commitments. Today, we have seen retaliation for the United States imposing further sanctions, which will become a tit for tat if we are not careful. It emerged in discussions in Brussels, which I welcome, that practically all EU multinational companies that were trading with Iran have now ceased to do so, and the US is threatening to impose sanctions on any country that imports oil from Iran. On commitment to the nuclear deal, can the Minister tell us in a little more detail how we are upholding our side of the bargain? How will we work with our European partners to ensure that we do not regress and end up with Iran pursuing its nuclear option?
Lord Ahmad of Wimbledon
Let me assure the noble Lord that the United Kingdom remains fully committed to the JCPOA. When the United States withdrew from the agreement, the United Kingdom, along with other key European partners, was clear about the importance of retaining and sustaining this treaty. It is not perfect, as we have said a number of times in your Lordships’ House, but it is an important vehicle to ensure that Iran does not progress on the nuclear pathway in any respect. Therefore, it is important to keep the deal alive and on the table. It is for this reason that we remain committed to the special purpose vehicle to which I alluded in the Statement. We are working through the technical details to ensure that, together with other partners, including the E3—with Germany and France, the initial owners—we look to the specific needs of the Iranian people so that the current situation and terrible suffering they are enduring does not prevail. This will include a focus on foodstuffs, agricultural products, pharmaceuticals and trade in consumer goods. It is important to make progress in this respect, and we remain committed to the SPV.
Lord Campbell of Pittenweem (LD)
Must it not be accepted that today’s disappointing announcement is a direct consequence of United States policy? It reflects a need on the part of President Rouhani to respond to internal political pressure and, of course, the painful impact of sanctions on Iran’s population. Can Her Majesty’s Government assure us that when President Trump visits the United Kingdom in June, they will tell him in no uncertain terms that his unilateral policy undermines nuclear non-proliferation, multilateral diplomacy, and international law and institutions, not to mention transatlantic solidarity?
Lord Ahmad of Wimbledon
On the noble Lord’s final point, transatlantic solidarity is an important attribute but there are times when we differ. We have not waited for the arrival of the President of the United States to make clear our differing perspectives on the JCPOA and our other differences. The noble Lord will be aware that Secretary of State Pompeo is currently visiting London and has had various meetings with the Foreign Office, including with my right honourable friend the Foreign Secretary, at which this issue was discussed with him. Our view remains clear: we need to work to ensure that the JCPOA remains on the table; we need to ensure that the SPV alleviates the suffering of the Iranian people; we remain committed to the SPV, along with our European partners; and we differ from the United States in our approach in this respect.
Lord Lamont of Lerwick (Con)
My Lords, I draw attention to my entry in the register of interests: I am the trade envoy to Iran and chairman of the British Iranian Chamber of Commerce. Although this is a very gloomy development, is it not important to remember that President Rouhani said in the statement referred to that Iran does not intend and does not want to withdraw from the JCPOA, but wants it to persist? Is it not the case that the International Atomic Energy Agency has certified that Iran is fully compliant with the agreement on no fewer than 11 or 12 occasions? One must draw the conclusion that Iran has been pushed to react by the extra sanctions and the aggressive action of the United States in trying to reduce Iran’s exports to zero, which would have a devastating impact on living standards in the country. The Minister said that the Government remain committed to the JCPOA, but does he acknowledge that the SPV that has been set up—I acknowledge the great efforts of civil servants to make it work—is extremely limited? It is restricted to food and medicines; that is all. It does not obviate the need for a bank when doing business with Iran. In fact, not a single transaction has been made under the mechanism so far; something much more ambitious must happen if there is to be any trade between Europe and Iran.
Lord Ahmad of Wimbledon
On my noble friend’s final point, no trade has happened yet because the SPV is not yet operational. We continue to work on its technical detail. My noble friend is right to mention President Rouhani’s declaration that he is keen to ensure that the JCPOA, a working agreement, remains on the table. The United Kingdom shares that aspiration. Therefore, a 60-day window still exists; we hope that no other steps to change the situation we currently face will be taken during that time. As I said in the Statement, we regret the announcement from Tehran but it is important that we continue to look at how we can work through the challenges we face. Equally, we must look at the SPV’s creation and initiation of the process; for example, my noble friend talked about medicines and humanitarian aid, which are important, but this is also about looking at agricultural products and consumer goods. It is important that we continue to work to ensure that the SPV becomes operational.
Lord Anderson of Swansea (Lab)
My Lords, the Government have given a measured response, working with allies other than the US, but recognising that Iran is engaging in malign activities in the Middle East. Does the Minister agree that what the Trump Administration appear to lack is a sense of history? Experience shows that the Iranian people will rally around the flag and will not yield to bluster, warships or to the privations visited on them. That is surely what is happening now.
Lord Ahmad of Wimbledon
The noble Lord is correct to draw attention to Iran’s activities, including, as I said in the Statement, the current focus on its ballistic missile programme. That is not conducive to peace in the Middle East; rather it adds to the insecurity and instability. Indeed, Iran’s actions in other areas of the Middle East have also been causing instability. We continue to urge Iran to abide by the commitments it has made through international bodies, including through UN Security Council resolutions, and to continue to work towards peace in the Middle East more widely, particularly in those countries where it has influence. On what is happening in Iran, as I have said, our commitment to the SPV is closely focused on alleviating the plight of the Iranian people. Whatever challenges or differences we may have with the Iranian regime, they are not with the Iranian people. There is a rich history and culture in Iran, which we have all seen in the past. We hope that in due course Iran will re-emerge on to the international scene.
Lord Howell of Guildford (Con)
My Lords, pursuing the point made by the noble Lord, Lord Campbell, is it not the case that the United States has sent a carrier fleet and a new bomber task force to the Gulf? The US has declared the Islamic Revolutionary Guard Corps a terrorist organisation, which it may or may not be; I do not know. As we have heard, the US has vastly increased the oil sanctions. Do we know what the purpose of the policy of the United States really is? Are we talking to its representatives about it to have some kind of dialogue, given that the US is supposed to be one of our close allies? Is the US behaving like a close ally?
Lord Ahmad of Wimbledon
I assure my noble friend that the United States has been, is and will continue to remain a close ally of ours and there is much that we agree on. However, there are times of difference and the JCPOA is one such example. My noble friend has drawn attention to recent US deployments. Let me assure him that we remain very concerned about the risk of escalation in the region and I stress that we are urging all parties to show due restraint. However, the point was made in the previous question about Iran’s continued destabilising regional activities, so we will continue to work towards asking Iran and others to ensure that we do not escalate the situation in what is a very tense region at the moment. However, the United States and the United Kingdom enjoy strong bilateral relations, including through international organisations, and we continue to work on joint priorities. Indeed, this morning I attended a meeting on the importance of freedom of religion or belief. I assure the House that on that point, the United States and the United Kingdom are very much aligned.
Lord Mayor’s Show: Taiwan
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Baroness Barker (LD)
My Lords, in begging leave to ask the Question standing in my name on the Order Paper, I declare an interest as a member of the British-Taiwanese All-Party Parliamentary Group.
The Minister of State, Foreign and Commonwealth Office (Lord Ahmad of Wimbledon) (Con)
My Lords, the lord mayor’s office is independent of central government so this is a decision for it. However, we continue to support Taiwan’s inclusion in matters which do not confer statehood upon Taiwan and to which it brings cultural, economic and educational value. The Lord Mayor’s Show falls within this category.
Baroness Barker
I thank the Minister for his Answer. This instance of China’s relentless campaign to deny Taiwan international recognition is petty; others are not. The exclusion of Taiwan from the World Health Assembly, in the age of SARS, could have potentially devastating global consequences. What are the Government going to do to help the people of Taiwan stand up to this unfair treatment which continues to emanate from China?
Lord Ahmad of Wimbledon
My Lords, that is not the Government’s view. When we were asked, we gave our opinion that Taiwan should be included in the Lord Mayor’s Show as it falls within the category that I have just articulated. We continue to support Taiwan’s membership of key organisations within the UN family, such as the World Health Organization and the World Trade Organization.
Lord Collins of Highbury (Lab)
It is striking that this is not about recognising Taiwan as the Republic of China—the relationship between the People’s Republic and Taiwan is a matter for those two places—but about our relationship with an important trading and economic partner. Taiwan is also a very important partner in terms of the rule of law, liberal politics and human rights. Can the Minister tell the House what he will do to ensure that our relationship with Taiwan will not be affected by the actions of another Government?
Lord Ahmad of Wimbledon
My Lords, I agree that our relationship with Taiwan is best built on sound values. Therefore, shy of recognising Taiwan—which we do not—Taiwan’s future, as the noble Lord said, is a matter for China and Taiwan, on both sides of the Taiwan Strait, and it is for them to come to a way forward. As I said in answer to the previous question, we are supportive of not only Taiwan’s presence in the Lord Mayor’s Show but its inclusion in various organisations on the world stage, and we will continue to articulate that. On a more general point, we will stand against human rights abuses wherever we find them.
Lord Anderson of Swansea (Lab)
My Lords, are there other examples where the City has rejected the advice of the Foreign Office on such matters?
Lord Ahmad of Wimbledon
I think in this case—or indeed in any other case where we are dealing with the private sector—our job is to provide advice. It is for a private sector company or an independent organisation to take a decision. That is one of the key freedoms we enjoy as a democracy, and I would stand up for it. It is for organisations to make independent decisions. As far as the Foreign and Commonwealth Office is concerned, it will give the best advice available.
Lord Rogan (UUP)
My Lords, I declare an interest as vice-chair of the British-Taiwanese All-Party Parliamentary Group. On 31 March, two J-11 fighter jets of the Chinese People’s Liberation Army intentionally crossed the median line of the Taiwan Strait, intruding upon a maritime boundary which both sides have abided by for many years, and as a result damaged the cross-strait status quo. It is evident that regional peace and stability are at stake. Does the Minister agree that decisions such as that of the lord mayor’s office are less than helpful to the Taiwanese position?
Lord Ahmad of Wimbledon
As I have already made clear, it is important that the Taiwanese and Chinese Governments continue to negotiate and to discuss matters of a bilateral nature. On the more general point the noble Lord makes about the Lord Mayor’s Show, I have already emphasised that the Foreign and Commonwealth Office was very clear that in previous years Taiwan has attended the Lord Mayor’s Show and it was its view that that should continue to be the case.
Lord Steel of Aikwood (Non-Afl)
Does the Minister agree that this is simply the latest example of some rather senseless bullying by the People’s Republic of China of airlines, universities and others? What is the FCO going to do to try to maintain our proper relationship with the flourishing democracy which is Taiwan?
Lord Ahmad of Wimbledon
As I have said already, in our diplomatic relations we have been clear that Taiwan is not an independent country. That is not a new position. It has been sustained over a number of years. The position of the United Kingdom, not just that of the Foreign and Commonwealth Office, is that Taiwan is an important partner; for example, we continue to have a strong trading relationship, as the noble Lord, Lord Collins said. On the more general point about our relationship with China, China is an important strategic partner, but we do not shy away from raising important issues, including human rights. A recent example is what I said during the Human Rights Council: that where we see freedom of religion or human rights being abused, we will stand up for those who are being persecuted. We do just that with China and other member states.
Viscount Waverley (CB)
My Lords, is there any suggestion that China penalises any active trading partner of Taiwan for having a relationship with both states?
Lord Ahmad of Wimbledon
We already have a stated position on Taiwan, and we continue to enjoy strong trading relations. That means that at times there are disagreements. As I have already said, we have disagreements on important human rights issues. Those disagreements are there. We air them at times privately, but there are occasions when we do so publicly. However, we continue to enjoy a strong strategic partnership with China.
Lord Judd (Lab)
My Lords, the Minister has made an interesting point about the difference in the Government’s position on representatives of Governments and on representatives of civil society, industry and so on in a country. Could the Government not at least encourage those responsible for the Lord Mayor’s Show to have conversations with Taiwan, making it absolutely clear that the representation of Taiwan will be welcome in the Lord Mayor’s Show if it is from civil society and the private sector?
Lord Ahmad of Wimbledon
As I have already said, and I am sure times have not changed since the noble Lord was a Foreign Office Minister, we pride ourselves on diplomacy and charm in encouraging people towards what we believe are the right decisions. However, the governance of the Lord Mayor’s Show is independent. We have given clear and unequivocal advice, and it is appropriate that organisations take decisions according to how they perceive moving forward. Our position on the Lord Mayor’s Show and other bodies is clear: Taiwan is an important partner and we will continue to encourage its partnership when it comes to issues of culture, trade and education.
Baroness Kramer (LD)
My Lords, I had the privilege of leading a trade mission to Taiwan and it was evident that the route into the Chinese market for much of our financial services industry was with a Taiwanese partner or intermediary. Can the Minister make the City much more aware of the importance of that relationship and of the fact that, in anticipation of Brexit, taking this sort of supplicant position to a power such as China is not an appropriate way to build our future economy?
Lord Ahmad of Wimbledon
As someone who spent 20 years in the City of London, I never felt that it took supplicant positions. The City made some clear decisions based on its interests and it continues to do so. The role of government is to provide sound advice. I believe that we did so on this occasion and we will continue to do so in the future.
Burma (Sanctions) (EU Exit) Regulations 2019
Lord Ahmad of Wimbledon Excerpts(6 years, 9 months ago)
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Lord Ahmad of Wimbledon
That the Regulations laid before the House on 31 January be approved.
The Minister of State, Foreign and Commonwealth Office (Lord Ahmad of Wimbledon) (Con)
My Lords, in moving this Motion I will speak also to the Venezuela (Sanctions) (EU Exit) Regulations 2019, the Iran (Sanctions) (Human Rights) (EU Exit) Regulations 2019 and the Republic of Guinea-Bissau (Sanctions) (EU Exit) Regulations 2019.
Noble Lords will be familiar with the Sanctions and Anti-Money Laundering Act 2018, which passed through this House last year. It provides the UK with the legislative framework to continue to meet our international obligations, implement autonomous sanctions regimes and update our anti-money laundering framework after we leave the EU—although the last of these is not under consideration today.
Noble Lords will also be aware of the importance of sanctions. They are a key element of our approach to our most important international priorities. They help to defend our national interests, support our foreign policy and protect our national security. They also demonstrate our support for the international rules-based order. The United Kingdom has been a leading contributor to the development of multilateral sanctions in recent years. We have been particularly influential in guiding the EU’s approach, which is why we intend to carry over the policy effects of the EU sanctions regimes by transitioning them into UK law. I will say more about that in a moment.
The principal interests and threats facing the UK and other EU member states will not change fundamentally when the United Kingdom leaves the European Union. The Government recognise sanctions as a multilateral foreign policy tool and intend to continue to work in close partnership with the EU and other international partners after we leave the European Union to address those threats, including through the imposition of sanctions. We are committed to maintaining our sanctions capabilities and leadership role after we leave the EU. The Sanctions and Anti-Money Laundering Act 2018 was the first major legislative step in creating an independent UK sanctions framework.
However, although the Act set out the framework needed to impose our own independent sanctions, we still require statutory instruments to set out the detail of each sanctions regime within that framework. Such statutory instruments set out the purposes of our regimes, the criteria under which the Secretary of State may designate individuals and entities, and the types of restrictive measures imposed. They do not specify which individuals or entities will be sanctioned. The Government will publish a list of those we are sanctioning under UK legislation when those prohibitions come into force. We will then seek to transfer EU designations in each case, but these decisions will be subject to the legal tests detailed in the sanctions Act. Any EU listings that do not meet the tests will not be implemented.
Noble Lords will recall an important feature of the sanctions Act that we discussed in detail during its passage: the right to challenge. Anyone designated under these instruments will be able to request that the Minister carry out an administrative review of their designation. The procedure applicable to such requests for reviews is set out in the Sanctions Review Procedure (EU Exit) Regulations, which were made in November last year and which are now in force. If, following the review, the Minister’s decision is to uphold the designation, the designated person has the right to apply to the High Court, or the Court of Session in Scotland, to challenge that designation decision. The court will apply judicial review principles to determine whether the designation decision should be set aside and will apply the procedure set out in the amended civil procedure rules for England and Wales, the rules of the Court of Judicature for Northern Ireland and the rules of the Court of Session for Scotland, which in particular allow for closed material proceedings to take place in relation to such challenges. The regulations underpinning this process have already been subject to debate and approved by this House. I beg to move.
Baroness Northover (LD)
My Lords, I thank the Minister for introducing these statutory instruments extremely briefly—more briefly than his right honourable friend in the Commons.
We all agree that sanctions can play a key role in the implementation of the rule of international law and we support all four of the SIs. Clearly, no one wants our sanctions regime to lapse if we leave the EU. As the Minister said, the UK has been a leading contributor to the development of multilateral sanctions in recent years and we have been particularly influential in guiding the EU’s approach. Indeed we have—but we risk losing that influence. I am sure that the Minister will agree that sanctions carry greater weight as part of an EU-level arrangement, rather than going it alone. The Minister said:
“We are committed to maintaining our … leadership role after we leave the EU”.
Can he say how this is supposed to happen?
I note that in response to a Written Question on 8 October 2018 on the UK’s sanctions policies, Sir Alan Duncan stated:
“In future it will be in the UK’s and the EU’s mutual interest to discuss sanctions policy and decide where and how to combine efforts to the greatest effect”.
In light of that, are there any differences in the arrangements here or do they completely mirror what we have in the EU? What exploration has there been on how alignment will be assured in future?
Lord Ahmad of Wimbledon
My Lords, I thank all noble Lords who have again contributed to a very practical and focused discussion. I am pleased that the noble Lord, Lord Collins, and the noble Baroness, Lady Northover, noticed the brevity of my opening remarks. We have talked about sanctions to a large extent and perhaps I was pre-empting some of the questions. I was not disappointed. There were focused questions on the specific proposals in front of us today and I will answer them directly.
In thanking everyone here, I acknowledge and put on record the thanks of the Government to the Secondary Legislation Scrutiny Committee and the Joint Committee on Statutory Instruments, which have been working terribly hard in the current climate. I appreciate their close scrutiny of the statutory instruments laid before us today.
I agree with the noble Lord, Lord Collins, that it is important that, as we leave the European Union, we align ourselves to working closely with our European Union partners to ensure that any sanctions we impose have the desired impact. It is no good applying a sanctions regime in the UK which is different from that of some of our nearest and closest allies, including the European Union. Discussions on that have taken place with our partners and continue to do so, because we all desire to ensure the robustness of those schemes.
From the discussions I have had with a number of European Foreign Ministers, I can assure noble Lords that, notwithstanding our departure from the European Union, there is a real commitment to continue to work and align ourselves closely on many issues in which we share common perspectives—and sanctions is certainly one such area.
As noble Lords will be aware, the Sanctions Act requires a review of all UK sanctions listings at least every three years. In addition to this triannual review, we will also review all sanctions regimes such as those being debated today on an annual basis. That will present yet another opportunity to review and scrutinise how we are acting in conjunction with other key allies around the world, including those within the European Union. As I have already said, these arrangements will also provide protection for designated persons, especially when coupled with wider safeguards than the sanctions Act.
I turn to some specific questions. The noble Lord, Lord Collins, rightly asked why we had proposed what is in front of us today and what was the exact purpose of sanctions. As I said in my opening remarks, the SIs are intended to transfer into UK law the respective EU sanctions regimes. The instruments seek to substantially mirror the policy effects and mutually reinforce the measures in the corresponding EU sanctions regime.
The noble Baroness, Lady Northover, and the noble Lord, Lord Collins, rightly raised the issue of human rights. I assure noble Lords that human rights are a significant focus of the sanctions regimes we are debating today. I know that many are keen for the UK to develop its own stand-alone human rights sanctions regime and may therefore query why we are simply transferring existing EU sanctions regimes. I assure both noble Lords that the sanctions Act gives us the necessary powers in UK law to develop our own such regime. However, these SIs were laid on a contingent basis to provide for the continuation of some existing sanctions regimes should we leave the EU without a deal. Transferring our existing EU measures by laying SIs such as these has been our priority, and I am sure noble Lords acknowledge that. We will soon be able to consider new regimes specifically.
The noble Baroness, Lady Northover, asked a series of questions across different elements. I have already alluded to the issue of the EU and how we will work closely together. I assure noble Lords that we will continue to work closely to strengthen our bilateral relationships with key partners. The UK’s existing co-operation with the EU on foreign policy, security and defence issues provides a strong platform on which to build our future relationship. Last week I was at the Security Council of the United Nations, under the German presidency, discussing the important issue of sexual violence in conflict. The bilateral discussions I had with the German Foreign Minister and others concerned how we could align ourselves closely in areas of mutual co-operation.
The EU-UK political declaration, which I am sure noble Lords saw, also mentions specifically:
“Consultation on sanctions, with intensified exchange of information where foreign policy objectives are aligned, with the possibility of adopting mutually reinforcing sanctions”.
That is a clear statement of intent on how we seek to co-operate going forward.
The noble Baroness asked about divergence from EU sanctions. My right honourable friend the Prime Minister has said that the UK,
“will look to carry over all EU sanctions at the time of our departure”.
I assure the noble Baroness that, under the sanctions Act, the Government will produce secondary legislation for each existing EU regime in order to carry EU sanctions over into UK law. Stating what will happen in future would be purely speculative, but I hope that I have given a level of reassurance to noble Lords in respect of our intention to work closely with our European partners.
The noble Lord, Lord Collins, rightly raised human rights and specifically the Magnitsky sanctions. I was proud of your Lordships’ role in ensuring that there was a real focus on human rights in the sanctions Act. As noble Lords will have noted, three out of the four sanctions regulations being debated today—on Burma, Venezuela and Iran—are made at least in part to promote compliance with international human rights law and respect for human rights. The sanctions imposed under these regulations are designed to ensure accountability for human rights violators.
As I have already said, the Sanctions and Anti-Money Laundering Act 2018 provides powers for the UK to make secondary legislation to impose sanctions to provide accountability for or to deter gross violations of human rights, and to promote compliance with international human rights law and respect for human rights. I assure noble Lords that the UK strongly supports current efforts to establish a thematic human rights sanctions regime. The Government’s focus to date has been on ensuring that we have the necessary secondary legislation in place to implement EU and UN sanctions. The SIs we are debating today are part of that preparation. As a member of the EU, or during the implementation period, EU sanctions will apply within the UK, and we will use the powers provided by the sanctions Act to the fullest extent possible during that period. The noble Lord talked about different countries during that interim period, and there will be some limitations on what we can impose autonomously. I assure noble Lords that it is our intention that national sanctions in relation to human rights will be brought forward, but we will need to design and draft a statutory instrument to ensure that associated processes and structures are in place. I am sure noble Lords will agree that it is also important that we set up the regime correctly to ensure that sanctions meet the legal tests set out in the sanctions Act. In summary on that point, the Magnitsky clause in the sanctions Act, and the Act itself, provide the governance and framework to allow us to take forward those principles and those protections for human rights.
If I may digress for a moment, it was a huge privilege recently to mark the 40 years in Parliament of the noble Lord, Lord Alton. He has been a strong promoter of human rights over many years. I pay tribute to him and put on record my thanks for being such an advocate for human rights over a number of years. The contribution he made today underlines the intense focus, detail and sensitivity he brings to this subject. I look forward to working with him and, indeed, all noble Lords on these important issues.
The noble Lord, Lord Alton, and the noble Baroness mentioned Burma. I assure noble Lords that the regulations in front of us impose an arms embargo as well as prohibitions relating to dual-use items and items that can be used for internal repression and for the interception and monitoring of telecommunications. There are also currently prohibitions on the provision of interception and monitoring services and on military related services, including the provision of training, personnel and funds to the Tatmadaw. The noble Lord, Lord Collins, alluded to the leadership of Burma. We have led the way in the EU when it comes to sanctions on Burma. The noble Lord, Lord Alton, rightly made a point about the situation in the United Nations. Burma has been an issue. As the penholder on Burma at the United Nations Security Council, we are cognisant of the importance of moving forward on these issues. Undoubtedly some members of the Security Council are reluctant to move forward in the way all of us in this House would want to see, but I will apprise the noble Lord of the progress we can make in this respect. It is not something that we are losing focus on. I stress that in my capacity as the Prime Minister’s special representative on preventing sexual violence in conflict, ensuring that we bring justice for the victims and survivors of tragic events such as the ethnic cleansing we have seen in places such as Burma by bringing the perpetrators to justice will remain a key focus of my human rights work.
Venezuela (Sanctions) (EU Exit) Regulations 2019
Lord Ahmad of Wimbledon Excerpts(6 years, 9 months ago)
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Lord Ahmad of Wimbledon
That the Regulations laid before the House on 31 January be approved.
Iran (Sanctions) (Human Rights) (EU Exit) Regulations 2019
Lord Ahmad of Wimbledon Excerpts(6 years, 9 months ago)
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Lord Ahmad of Wimbledon
That the Regulations laid before the House on 31 January be approved.