(7 months, 3 weeks ago)
Lords ChamberI assure my noble friend that, together with my noble friend the Foreign Secretary—whom my noble friend also knows very well—I will leave no stone unturned with vigour, rigour and passion to ensure that this happens. I speak for all noble Lords of whatever perspective. We want to ensure that we do our utmost to save the life of every single innocent civilian. We were all rightly seized with the shocking nature of what happened in Israel. Right now, we are focused on getting more aid in. This is the message that is being delivered, notwithstanding the awful nature of the Iranian attack. It is important that we look at that in the full mix of things and not lose sight of the humanitarian issue. We want to avert famine at all costs.
My Lords, I listened carefully to the Minister’s reference to the terrible event of 1 April when the humanitarian aid workers from World Central Kitchen were targeted by drones and killed. I know that an investigation by the IDF is taking place. I have also read that Australia is going to conduct an investigation because one of those killed was Australian. Three of those killed were British citizens: a man of 57, another of 47 and a young man in his 30s. They were all hugely experienced humanitarian aid workers. It is shocking to see that the loss of so many people working in this field is not getting the coverage it deserves. Are any steps being taken here in Britain to investigate this matter with the great military and legal expertise that we could apply? I understand that Poland is now considering having an inquiry for the Polish citizen who was killed. Should there not be unification and collaboration between the nations which have lost humanitarian aid workers in this series of strikes on their convoy? Should there not be a joint investigation?
I assure the noble Baroness that the WCK aid workers only intensified our concerns and momentum in addressing the humanitarian situation, particularly where aid workers in Gaza are putting themselves at risk. More than 200 aid workers have now been killed in this conflict. We need to ensure their protection. The IDF has completed its initial inquiry. There have been some consequences for those who were involved in the strike. As my noble friend is doing again today, we are not just reviewing it, we are asking for it to be followed up with a full, independent report on what happened. The noble Baroness has put forward a practical suggestion, which I will certainly take back. Co-ordination is good. Perhaps we can discuss this outside the Chamber to see how it can be progressed.
(7 months, 3 weeks ago)
Lords ChamberI can assure the noble Baroness. On a personal anecdote, the noble Baroness talks about Russians. Our fight is not with the Russian people. I know of a child who is at my son’s school whose mother is half-Russian and half-Spanish, and he is not going back to Russia to see his grandparents because of the fear of what consequences may face a young child who has just started off in life.
My Lords, I do not think that the Labour Benches have yet had a chance, so if I may.
As we are talking about war criminals and crimes committed by the Russians, there is a matter of concern that the International Criminal Court Act 2001 confines prosecutions of war criminals coming into this country to people who are nationals or who have residency here. I wonder whether we are making any progress on amending that legislation so that we can prosecute people who come through here, often coming to look at schools or universities for their children or to shop at Harrods. Can we do something about providing the ability to arrest those people?
My Lords, the noble Baroness will be aware that we work very closely with international agencies, most notably with the ICC on the warrants that have been issued against key Russians, including the President of Russia. Of course those would apply. I know the noble Baroness has raised this issue with me directly as well, and I think that we need to look at what mechanisms can be applied but ultimately—as we have heard from the Cross Benches as well—those responsible for these abhorrent crimes should be held accountable.
(1 year, 3 months ago)
Lords ChamberMy Lords, I can give that direct assurance. As well as being Minister for our relationship with India I am also, as the noble Earl knows, Minister for Human Rights. We have a very structured engagement on human rights. I am not going to go into specific cases, in order to protect some of those individuals, but we have a very productive exchange. We raise a number of cases as well as broader human rights issues, including the key aspects often raised in your Lordships’ House.
My Lords, I rise to raise again the issue of arbitrary detention. I know it is rather difficult for us because we are now facing huge delays in our own criminal justice system, but six years is a long time to wait for due process. We keep being told this by the Indian authorities—when the issue was raised by Boris Johnson some years back, he was given the same reassurance that there was going to be a trial very soon. Here we are, six years on and there has not been a trial, so not surprisingly the family have very little confidence in those kinds of reassurance. The international community has confirmed that Mr Johal has been detained in conditions which suggest that he has been seriously tortured. It really is coming to a point where one is expecting something more than polite conversations with the Indian Government. Were we having more than polite conversations?
I assure the noble Baroness that whatever the nature or substance of a conversation, I would regard any engagement we have as polite, but politeness does not mean that we cannot be straight and candid in those exchanges. The engagement we have with the Government of India is a constructive friendship; it is a partnership. As I have already said from the Dispatch Box, I fully accept that Mr Johal’s case has continued over a number of years, and I have been engaged directly on this. That is why it is important that we keep it very much on the front burner, and that is exactly why in the bilateral engagement my right honourable friend had with the Prime Minister of India, he raised this.
(1 year, 3 months ago)
Lords ChamberMy Lords, I assure the noble Baroness that I keep abreast of figures on a weekly basis, but I do not go into specific details at the Dispatch Box for the sole reason of protecting those vulnerable individuals. We have seen a large number of interpreters arrive in the UK and there is an issue about supporting family members. Where I can, I will share the specifics with the noble Baroness.
My Lords, perhaps by a slip of the tongue the expression “gender apartheid” was just used by a previous speaker. Increasingly, that terminology is used by Afghans who are here in exile, by the international community and by lawyers. A great deal of research has been done in support of it by South African lawyers, because apartheid means denial of participation in society—keeping apart. I wonder whether that is language that is accepted, and might be used by, the Foreign Office and whether the full force of the Foreign Office could be put behind amending the Rome statute so that it included gender apartheid as a crime against humanity.
My Lords, the noble Baroness with her legal background has far more insights into the technicalities and changes that she is proposing, but I can say to her that what is happening to women and girls in Afghanistan is nothing short of abhorrent and we need to do our utmost to ensure that we stand up for their rights and afford them the protections that we can. I assure the noble Baroness that we are working in a very focused manner on that objective.
(1 year, 5 months ago)
Lords ChamberMy Lords, I agree with my noble friend. It is important that, if China wishes to sustain and strengthen the position of Hong Kong on the global stage, it not only adheres to what it was a signatory to but recognises that there are important elements in recognising the vibrancy of any financial centre. I spent 20 years in the financial services sector and dealt extensively with areas in China and Hong Kong. One of the points we need to emphasise as a Government is that the vibrancy of a financial centre is protected through the transparency of justice systems and the very transparent application of laws. The national security law in China is set up to intimidate, prosecute and arrest and detain innocent individuals, Jimmy Lai being just one example. I assure my noble friend that we will continue to make that case forcefully, directly and bilaterally, to the Chinese Administration as well as to those in authority in Hong Kong.
My Lords, as your Lordships know, along with the noble Lord, Lord Alton, I have been sanctioned by the Chinese, and it is not just me but my whole family. The long arm of China is something we have to be very conscious of. It is now described by lawyers internationally as transnational suppression. Many nations are now doing this: their reach goes beyond their own borders when they oppress their citizens. We have seen it with Russia and Iran and we are seeing it with China. What concerns young Hong Kongers who live in this country is that they might not be able to travel. They are fearful that, in transit, they will be arrested by less hospitable, less human rights-concerned nations and transported back to either Hong Kong or China to be prosecuted.
The threat to the safety of those who have had these bounties placed on their heads is very serious and real. We have to remember that a police station was set up in Glasgow where arrests could be made and intimidation applied to people who have settled in this country because of their fears. I ask the Minister, who I know is very sensitive to all this, what the Government are doing in their conversations with China and with the leaders in Hong Kong. Why are more of them not put on targeted Magnitsky sanctions lists? I want to hear what the Government do when they meet Chinese officials.
My Lords, I know these things directly from our conversations and I am grateful to the noble Baroness for her valuable insights. Equally, I know the great challenges imposed on many colleagues, both in this House and in the other place. Indeed, there are members of His Majesty’s Government who are now Ministers and are subject to the sanctions she listed. On the issue of future Magnitsky sanctions, I am proud of our record across the piece. We continue to look at all our levers to ensure that those who commit egregious abuses of human rights are held to account.
On the specific transnational issues, my right honourable friend the Security Minister, Tom Tugendhat, who has himself experienced the impact of sanctions, has been directing the Defending Democracy Taskforce to review our UK approach to transnational repression, specifically with China and Hong Kong. Let me be very clear: there are three major things we ask consistently. We call on Beijing to remove the national security law; that has to happen. We consider China to be in an ongoing state of non-compliance with the Sino-British joint declaration, which is why we suspended our extradition agreement. We continue to work with other partners, including agencies such as Interpol, to ensure that there are no abuses of these international agencies as well.
(1 year, 7 months ago)
Lords ChamberMy Lords, the right reverent Prelate raises the important issue of Russia’s role. To be quite clear, following Russia’s invasion of Ukraine, the UK has suspended all direct engagement with the Russian authorities, except on a very limited number of issues including the Ukraine crisis. We have no plan to engage directly, but we welcome the interventions of other key partners. I think Russia’s war on Ukraine has hindered the progress that was being made. Whether in the context of Russia’s illegal war on Ukraine or the ongoing conflict between Armenia and Azerbaijan, dialogue, discourse and ultimately a peaceful negotiation are desirable outcomes. But Russia’s intervention on the sovereign land of another country cannot be ignored. In that context, as I am sure the right reverend Prelate agrees, Russia can end that conflict now by withdrawing.
My Lords, given that the debate has turned to Russia, today Vladimir Kara-Murza is being put on trial in Moscow. He is a very committed voice for democracy and freedom. He has been imprisoned, allegedly for treason, because he has said it is a war. He is a British citizen as well as a Russian. Are the British Government doing anything about his case?
My Lords, the short answer is that yes, we are. We are appalled by the sentence announced today. He has bravely stood up for the rights of so many. This is another example of what Russia does to its own. In this case, there is a read-across for us as the United Kingdom. We see the action taken by Russia today and have seen what is happening with the further distressing stories about the detention of Mr Navalny and others. That, again, shows that it is not just about the war on Ukraine. Russia supresses its own; it is supressing the rights and freedoms of journalists, lawyers and many communities across Russia. If Russia wants to be a valid, recognised member of the international community, the first test will be how it treats its own citizens.
(1 year, 9 months ago)
Lords ChamberMy Lords, I totally agree with my noble friend; there is nothing to justify that kind of suppression of girls’ education anywhere in the world, be it in Iran or Afghanistan, which we have talked about. I can share with her that, having spoken specifically with the OIC and the Islamic countries, there is a plan for a UN-sponsored conference within the region immediately after Ramadan. It is likely to be in Kuwait and will focus on the very issue of women and girls’ rights within the context of Islam, so that Islam does not suppress them but promotes them.
My Lords, I too just returned from the UN at the beginning of last week. One issue being raised at the UN now, in its Human Rights Council, is not the genocide convention, although that is being raised a lot too, but the apartheid convention and whether its definitions of race should be expanded to include gender. All the same components of not allowing women to have access to civil society, participation in politics or education can certainly be seen in Afghanistan, and should be called out for happening there because apartheid is a crime—a crime against humanity. The inclusion of gender in that definition is about addressing the serious ways in which women’s non-participation is increasing in such places. We now see that in Iran too. Is the Minister raising the issue of expanding apartheid to include the question of gender?
My Lords, what I can say to the noble Baroness on the issue of gender is that, within the context of UN discussions at the moment, there is a very regressive prevailing attitude among certain countries on reopening things which have already been determined, including definitions of gender. This is now causing great concern. We often talk about like-minded countries but there are un-like-minded like-minded countries, if I can phrase it that way, leading the charge so we must remain firm on this. I assure the noble Baroness of my good offices, and those of the FCDO and all colleagues, in ensuring that we keep girls’ and women’s rights very much at the forefront of our international policy.
(1 year, 9 months ago)
Lords ChamberMy Lords, the noble Baroness is, of course, correct in her second question. I continue to engage directly with various organisations, and I meet with their representatives regularly. The strength of our relationship allows us to raise these important issues directly with India and to make progress on them. On the first issue the noble Baroness raised, it is important that we continue to engage directly with India. Our talks and discussions are multi-faceted. We are very conscious that the current investigation is ongoing, so I will not comment on any specifics. However, having engaged directly with the Indian authorities and met with the Indian High Commissioner only yesterday to discuss this matter, I understand that the BBC and the Indian authorities are working very closely and looking to resolve the issues as soon as possible.
My Lords, I know the Minister is very alert to the particular problems journalists experience when Governments do not like the criticisms they face, particularly of human rights abuses. However, this is not the first time India has displayed a sort of retribution policy towards journalists and journalistic entities that are critical of what is happening under the Modi Administration. The Minister talks about our close relationship with India and its enabling frank discussions, but can we genuinely discuss the hostility that those who criticise human rights abuses are experiencing? A young woman journalist, Rana Ayyub, was refused exit to travel to Britain to take part in seminars and a conference about the way in which the Muslim community in India were suffering at the hands of the Government. Just how frank can the Government be with our great friend India?
My Lords, I recognise equally the important work the noble Baroness continues to champion on media freedom around the world and the protection of journalists. I assure her that the strength of our relationship with India is such that, in my various hats, including as Human Rights Minister, there is a regular dialogue on particular issues and cases. We have constructive exchanges. As I have experienced during my time as Minister responsible, the level and nature of our engagement, and our ability to engage—at times not in a public manner but privately—has unlocked and seen progress. Equally, we expect that kind of scrutiny of ourselves as well. I assure the noble Baroness of my good offices in ensuring that, when issues arise, we raise them directly and constructively with the Indian authorities. At times we will do this in significant private engagements, but those also unlock constructive outcomes.
(2 years ago)
Lords ChamberThe right reverend Prelate is right, and I agree with his second point. In the world we live in today, we have seen journalists lead the charge, reporting on conflicts and on violence. I pay tribute to them, and that is why I was proud that the United Kingdom teamed up with others, including the noble Baroness, Lady Kennedy, to ensure that we have a really focused and laser approach on the issue of suppressing media freedom and the rights of journalists.
On the right reverend Prelate’s point on the UN, of course China is a P5 member and is now looking increasingly at contributions to various UN agencies. It has a particular view of the world that we do not share, and it is important that we rebut that very strongly. We should not just rebut it but present an alternative vision, one in which all freedoms and strengths of human rights are reflected, and make the case strongly to countries currently perceived as fragile and embarking on the road of democracy that pluralist democracies are the best model. Issues of freedom of religion, freedom of media and the rights of journalists are very much part and parcel of that process.
My Lords, first I pay tribute to the Minister for his great work on human rights globally. As well as the assault on Edward Lawrence, the BBC’s former China correspondent who reported and exposed truths about Xinjiang’s re-education camps, including about sexual violence against Uighur women, had to be moved to Taiwan following pressure and threats from the Chinese authorities. Was the Foreign Office able to raise that in meetings with the Chinese ambassador in this country?
My Lords, on the noble Baroness’s specific question, the summons was specific to the incident that had taken place. When a summons happens, having led a few myself, they are pretty short, sharp and to the point. I accept the noble Baroness’s broader point about the continued suppression of rights that we continue to see and the challenges we find. Recently, as she will be aware—perhaps this is why I am looking a degree jaded—for the last 48 hours we have had a really intense conference on preventing sexual violence in conflict, with more harrowing accounts from particularly young girls and women but also young men who have to endure this violence around the world.
It was also appropriate, I felt—and I thank the noble Lord, Lord Alton, in this respect—to ensure we showcase that, when we talk of conflict, we are not talking just of war; we are talking of the suppression of rights in conflict. Often, when wars are perceived to be at an end, conflict continues, and the suppression of vulnerable communities, minorities and, indeed, women and girls, continues. I assure noble Lords that we will continue to update the House on specific issues we pick up and, most importantly, to be informed by the expert opinion in your Lordships’ House.
(2 years, 6 months ago)
Lords ChamberMy Lords, the noble Lord is quite right: I lived that crisis, and I continue to live and work on the situation and the response to the evacuation of Afghanistan. Even today, it remains the case that there are many people seeking to leave Afghanistan, particularly the most vulnerable, and it is important that we continue to engage. Certainly, through direct engagement and direct briefings—both at the FCDO and in Parliament—I have ensured that our colleagues across both Houses are fully informed.
On the specific issue of planning, I was engaged on this and, of course, I made my own assessments and provided appropriate briefings to the teams in the FCDO and Her Majesty’s Government. I recall that as late as July, I was at a conference in Uzbekistan where I met the then president, President Ghani; Foreign Minister Atmar; other key partners, including the United States, Turkey and all near neighbours; and international organisations. While it was very clear that the Taliban were gaining ground, no one—I repeat, no one—had made an assessment that this would happen so quickly. I fully accept the premise about when the fall of Kabul happened, on 15 August—indeed, I remember speaking to Foreign Minister Atmar on 11, 13 and 15 August, and then again on 16 August. Even as late as Thursday, with Kabul falling on the Saturday, there was an inward- bound Turkish delegation to Kabul.
We continue to work with partners. Undoubtedly there are lessons that have to be learned and improvements to be made—and, yes, some of those have been implemented in the response to Ukraine. But it is equally important to ensure that we remain vigilant to the current situation, which remains live in Afghanistan, including the humanitarian situation. Therefore, I am proud that, notwithstanding the challenges we face, the Government remain committed to providing support, particularly humanitarian support, to the most vulnerable in Afghanistan.
My Lords, the Minister knows that I was involved in evacuating a significant number of women lawyers and judges from Afghanistan, and chartered flights to do that. We managed to get six into the United Kingdom. After the military evacuations, only six of those 103 on the lily pad in Athens were allowed to come into Britain. That was possible because women judges here had mentored some of those judges, so they had received prior letters of evacuation—indeed, the Minister himself had provided some of them. We tried to get women at risk into this country afterwards but we did not succeed. How many visas have been given since the end of last August to women from Afghanistan who are at risk?
(3 years, 7 months ago)
Lords ChamberTo ask Her Majesty’s Government what assessment they have made of reports that pro-democracy campaigners have been sentenced in Hong Kong for participating in pro-democracy protests.
My Lords, we are clear that the Hong Kong authorities’ decision to target leading pro-democracy figures for prosecution is unacceptable and must stop. The right to peaceful protest is fundamental to Hong Kong’s way of life, protected in both the joint declaration and the Basic Law, and it should be upheld. We shall continue to raise our concerns with the Chinese and Hong Kong Governments and bring together our international partners to stand up for the people of Hong Kong.
My Lords, I thank the Minister for his continued efforts in this regard, but is he aware of the letter sent last week by the last Governor of Hong Kong, the noble Lord, Lord Patten, and signed by 100 parliamentarians from both Houses, including the shadow Foreign Secretary Lisa Nandy and myself? We urged the Government to impose Magnitsky sanctions on officials in Beijing and Hong Kong for the grave and repeated breaches of the Sino-British joint declaration and the serious human rights violations committed in Hong Kong. In the light of the sentencing of some of the most prominent moderate, mainstream, internationally respected and senior pro-democracy campaigners, is it not time to impose Magnitsky sanctions?
My Lords, I agree with the noble Baroness on the issue of the increasing number of convictions. At the end of last week, further action was taken by the Hong Kong authorities against people who are simply calling on their rights to protest and to democracy. The noble Baroness knows what I will say about speculation on future Magnitsky sanctions, but, as we have demonstrated in the case of Xinjiang, we have acted, and when we have we have done so in co-ordination with our partners.
(3 years, 7 months ago)
Lords ChamberOn the general thrust of the noble Lord’s suggestions, I assure him once again that we are not just working directly in raising these issues with the Chinese and Hong Kong authorities but are also doing it on a range of different issues with our key partners, including the United States and European Union.
On the ICJ, the noble Lord will be aware that the application of any decision of the ICJ requires the agreement of both parties. I suggest that in this instance China may not agree with any decision taken at that level. We are keeping the situation, which is fluid, under review to see what further steps we can take.
My Lords, may I first take this opportunity to thank the Minister. Within hours of discovering that I had been sanctioned by the Chinese for my work in this House and beyond in relation to the gross human rights abuses perpetrated by the Chinese Government against the Uighurs and the people in Hong Kong, he was a great support.
Can the Minister say whether the decision by the Chinese Government to sanction UK parliamentarians and convict—as we have heard from the noble Lord, Lord Jordan—decent, good pro-democracy activists in Hong Kong will finally lead to the announcement of Magnitsky sanctions on Hong Kong officials? They are clearly responsible for the dismantling of the city’s autonomy and for covering up human rights abuses.
I am sure I speak for every Member of your Lordship’s House in paying tribute to the noble Baroness and other parliamentarians, as well as others outside Parliament, who continue to raise their voices in the interests of the Uighur community within China.
On the noble Baroness’s specific points about Magnitsky sanctions, while I cannot speculate, recently we have taken specific steps against those operating in Xinjiang, as I am sure the noble Baroness acknowledges. As I said earlier to the noble Lord, Lord Jordan, we continue to see what further steps we may take.
(3 years, 8 months ago)
Lords ChamberAgain, as the noble and right reverend Lord acknowledged, the Government have rightly consistently called out human rights abuses, not just in the situation he described but elsewhere in the world. On sanctions specifically, as I have indicated, a process is followed to ensure that the sanctions we impose are evidence-based and robust. We will continue to act. We do not shy away. Many rightly challenged us for a number of months that we were not acting on sanctioning figures from China. We have done so, and China is a major world power. We have not shied away from our moral responsibility in this respect. The fact that we have acted with 30 other countries demonstrates the will of the international community.
My Lords, I too welcome this important collaboration with many partners and the creation of these targeted sanctions. I will speak specifically about our embrace of targeted sanctions. Is the Foreign Office engaging with countries that so far do not have targeted sanctions as part of their regimes for dealing with human rights abusers and things such as genocide? The noble Baroness, Lady Northover, asked about the absence of some of our Five Eyes partners from the coalition of targeted sanctions announced in this last day. The reality is that Australia, for example, does not have a targeted sanctions regime. Are we persuading other democracies to take on board this great new development in international law? It gives teeth to international law in a situation where one cannot get people before international courts.
I will also pick up on the question asked by the noble Lord, Lord Alton. Targeted sanctions must be used in a very strategic way. To go after lesser persons is not using the regime in the way that it was supposed to be used. For example, the United States of America has on its list the governor of Xinjiang province, Mr Chen Quanguo. Why do we not have him on our sanctions list? He has been sanctioned by the United States; why not by us?
I pay tribute to the work that the noble Baroness has done in the context of media freedom and the coalition. The independent legal panel has produced some excellent reports in that respect, including on the use of sanctions. The short answer is that we are speaking to other key partners, specifically some of those she mentioned, to see how we can share our experiences so that they can bring about their own sanctions regimes.
On the specifics of future people who may be sanctioned, it would be mere speculation, but I assure the noble Baroness that we remain very firm on working and sharing evidence with our partners in this respect. We have worked very closely with the United States in particular on these issues and we will continue to do so.
(3 years, 9 months ago)
Lords ChamberMy Lords, the noble Lord is right to point to the recent announcement made by the National People’s Congress of China, to which I have already referred. Following the current session, we expect the deliberations and debates to finish around 11 March. The next step will be for the Standing Committee of the National People’s Congress to formally enact the changes at a subsequent meeting. While there has been media reporting, no specific details have yet been put forward. These proposals are in draft and, while no decisions are being taken, we are monitoring the situation closely.
My Lords, I thank the Minister for his answer to my noble friend Lady Mallalieu to her question in relation to our judges and their participation in the highest court in Hong Kong. Are the Government aware of the recent decision in the case of Jimmy Lai, where his refusal for bail went all the way to the highest court, and a decision was made that no law in Hong Kong has more meaning than the Chinese national security law which has been passed? The national security law is superior to any law, be it common law or international law, in Hong Kong. Should this not be the turning point in urging our judiciary to think again?
(3 years, 11 months ago)
Lords ChamberThe continued suppression of the right to protest and a real decrease in the rights to representation, through the actions against the legislative body and indeed the recent Acts and arrests, have been increasingly evident in Hong Kong. We will certainly look at Magnitsky sanctions in their broadest sense. I cannot speculate on the specifics, as the noble Lord will appreciate, but the UK has been clear that—whether in terms of a suspension of the extradition treaty or the imposition of an arms embargo—we are taking a comprehensive look to ensure that those who suppress the rights of the people of Hong Kong are dealt with in a manner reflective of the values that we stand for.
My Lords, I entirely support all that the noble Lord, Lord Alton, said about the concerning situation in Hong Kong. I am glad to hear of the Minister’s deep concerns about what has been taking place. On Monday I met Ted Hui, one of the lawmakers who has fled from Hong Kong, concerned about his safety if he remained. He has had his assets frozen by HSBC, as have his wife and parents, who fled with him into exile. Is the Minister aware of any private meetings that have taken place between his ministerial colleagues and HSBC since the bank announced its support for the national security law? Are we concerned that Beijing is co-opting banks and international companies that have strong positions here in Britain into supporting the security law and freezing the assets of people who have been arrested? What can be done with our allies—
My Lords, the noble Baroness is taking time in this limited opportunity for other noble Lords.
(4 years, 4 months ago)
Lords ChamberMy Lords, I cannot speak for other countries; they will make their decisions on who qualifies and who does not qualify for the Human Rights Council. However, like other member states, I hope, in making a decision we will certainly consider very carefully the human rights records of countries which aspire to speak about human rights at the HRC.
My Lords, today the Bar Human Rights Committee of England and Wales published a powerful report on the persecution of the Uighur Muslims. It is based on sound evidence and exemplary legal scholarship and it makes a number of recommendations, one of which is to use the recent Magnitsky regime on targeted sanctions. Secretary of State Pompeo indicated yesterday while here in England that he had used Magnitsky sanctions on a number of Chinese functionaries. Are we in conversation with the United States about who those people might be, and might we follow suit? Secondly, will we consider requesting that China, which denies that persecution takes place and denies the nature of the camps, allows in an investigatory delegation to assess the situation on our Government’s behalf?
(4 years, 6 months ago)
Lords ChamberMy Lords, my noble friend speaks with great insight and expertise in this area, and I have noted some of his particularly helpful suggestions. I acknowledge the action by 762 parliamentarians across 37 countries, which talks about a flagrant breach of the Sino-British joint declaration.
We believe that if this law is enacted it will indeed undermine the existing provisions within Hong Kong of “one country, two systems”. On my noble friend’s wider point, we continue to raise this through international action and partnership. My noble friend suggests an international contact group; as I am sure he has noted, my right honourable friend the Foreign Secretary has led direct action in this respect. Over the last few weeks he has issued several statements, including a statement of the British position, but has also underlined the very provisions that my noble friend has highlighted: if this law is enacted, China’s international obligations to Hong Kong will be undermined. Equally, he has also raised this issue in partnership with the likes of Canada, Australia, the US and the European Union. This is a very serious point in time and a serious cross- roads for the future of Hong Kong. We ask the Chinese authorities and the Hong Kong Special Administrative Region again to think carefully before proceeding with this law.
My Lords, I too have been involved with human rights issues in this region for a long time. I am a lawyer and currently the director of the Human Rights Institute of the International Bar Association, the global voice of the legal profession. This new legislation is causing us great alarm. It is clearly aimed at stamping out protest and freedom of expression and it goes to the heart of democratic autonomy and freedoms. The legislation expressly allows Chinese national security agencies to operate in the city of Hong Kong. The Minister will certainly know that Beijing has probably the most advanced technological security apparatus in the world and is now using it, including facial recognition, intercepts, tracking devices and so on, and is enabling wide-scale surveillance in China. The fears are that it will be used in the same way in Hong Kong.
I also express others’ concerns about what is happening with regard to human rights. A suggestion is being made —I strongly urge it—that a special envoy be created by the Secretary-General of the United Nations and that Britain should urge him to create such an appointment so that he can travel with others, and I hope with human rights lawyers, to Hong Kong to assess and address the situation and to negotiate with China itself. The history of negotiation goes back right back to the beginning of the UN, when General George Marshall negotiated between the Chinese Communist Party and the Kuomintang. We know that negotiations can be successful. I urge that we take steps, and I want to know whether the Minister has been having those conversations with the United Nations as well as with friendly nations that are liberal democracies.
I agree with the noble Baroness. As she knows, the existing rights of Hong Kong are enshrined in the Basic Law of Hong Kong, and the Sino-British agreement has also been deposited in the context of the UN. On her final point, as noble Lords know, we raised this issue directly during a recent UN Security Council meeting. Both we and the United States spoke on this particular issue under any other business—we were able to raise it under that agenda item.
On the specific question of a special envoy, which the noble Baroness and my noble friend mentioned, I assure noble Lords that in my right honourable friend the Foreign Secretary we have someone who has taken direct leadership on and interest in this issue, and we are leading the international response and thinking on Hong Kong. In recent days and weeks, the Foreign Secretary has continued to engage with a range of partners to explain our position and impress upon them the gravity of the events that have taken place. At present, we have no plans to form an international contact group, as I said to my noble friend, or to push for a special envoy. However, we are calling on the Government of China to live up to their obligations and responsibilities as a leading member of the international community. I assure noble Lords, including the noble Baroness, that we are working with international institutions, including the UN Human Rights Council, to ensure that China upholds its commitments as a co-signatory to the joint declaration.
(4 years, 8 months ago)
Lords ChamberMy Lords, the noble Baroness raises an important point about the free movement of goods. Earlier, I alluded to the issue of essential travel, and I reiterate that essential travel includes the need to retain supply chains, particularly when it comes to the delivery of goods. On our discussions with our European Union partners, the President of the European Commission discussed with all G7 partners the actions that the EU would be taking. The fact that the European Commission has acted in the manner it now has reflects the fact that individual countries within the EU were taking separate action. It has acted to ensure consistency and address the very concerns that she raised. From our perspective, it is important to ensure that supply channels remain open. That is why our advice recognises the importance of ensuring that supply lines, including for the delivery of goods, remain open.
I will ask the Minister another practical question. Many students are in this country just now. I give an example that we have had to deal with at the International Bar Association’s Human Rights Institute. One of our interns received a notice that India was closing down the border, even for Indian nationals who are abroad. They were given until the 18th to return, so we have had to expedite her return and assist her financially to do so—to get a different air ticket. People will be caught. This picks up on a question asked earlier: how will the Government deal with that, because some young people who have not completed their educational courses are full of anxiety about whether they will be locked out of their own countries and then be in breach of the basis on which they can stay in this country?
On her first point, as I am the Minister responsible for our bilateral relations with India, perhaps the noble Baroness would share that information with me and I will take it up with the Indian high commission. From talking to the Indian authorities, my understanding is that the restrictions apply to foreign nationals and those who hold passports with overseas Indian status but that Indian nationals could return if they chose to. However, if a particular issue has arisen, particularly with a student studying here, my understanding is that they should continue with their study. Coming back to the point raised earlier by my noble friend Lady Verma, providing that there is no reason for them to be unable to travel, and if flights continue—as they currently are—they should be able to return to India, in this case, or any other country as would be fit because, ultimately, nationals should not be stopped from entering their countries.
I say that, but 24 hours in this crisis is a long time, and I am minded to add the caveat that things are changing drastically. I do not envisage flights stopping and, as I said in response to a previous question by the noble Lord, Lord Collins, we are imploring commercial operators to continue to operate their flights, but as commercial decisions are taken about flights—understandably, they seek not to fly empty planes—an added challenge will be imposed on us globally to face up to. However, as I said, I am happy to look into the specific issue that the noble Baroness raised.
(4 years, 9 months ago)
Lords ChamberTo ask Her Majesty’s Government what action they intend to take in response to the report by Baroness Kennedy of The Shaws, A perverse and ominous enterprise: the death penalty and illegal executions in Saudi Arabia, published in July 2019.
My Lords, I thank the noble Baroness, Lady Kennedy, for her report. The United Kingdom strongly opposes the use of the death penalty in all circumstances. The former Minister of State for the Middle East and North Africa raised our concerns with the Saudi Deputy Justice Minister earlier this month. In September 2019, the UK was also a signatory to the UN Human Rights Council statement encouraging Saudi Arabia to end its use of the death penalty and to ratify the International Covenant on Civil and Political Rights.
I thank the Minister not just for his reply but his personal commitment to international human rights. I tabled this Question because the report, published in July last year, indicated that there had been an acceleration of the use of the death penalty in Saudi Arabia, including mass executions —beheadings—of as many as 37 people at a time, the majority of whom had been involved in a protest and were of the Shia minority. The abuse of human rights in Saudi Arabia should be a real scandal to all of us in this House. I visited Turkey with the rapporteur on extrajudicial killing to hear the tapes of the killing of Jamal Khashoggi, the journalist. We have now had an opaque trial, where it was impossible for the International Bar Association, for example, to have persons present during the trial. We now know that six people have been given the death penalty as a result. Are we inquiring as to what is happening and who those people are? Do we know enough about the outcome of that trial and whether any due process really took place?
My Lords, first, I am glad that we were finally allowed to take this Oral Question after the publication of the report. I can assure the noble Baroness that, since then, we have been taking quite specific action. She rightly raised the mass execution of 37 men in April 2019; there were a large number from the Shia minority. We clearly expressed our grave concern at that time. Indeed, when I visited the Kingdom of Saudi Arabia, at its request, in my capacity as Human Rights Minister, we raised all issues, including the death penalty. The noble Baroness raised the specific issue of the Khashoggi trial. In that regard, our diplomats on the ground did gain access to the trial and were able to observe it directly. As to what happens next, as the noble Baroness will be aware, there is an appeal process under way for those people who were given the death penalty in that regard, and there is little for me to add as it is an ongoing process. On the general point about the use of the death penalty, for minorities but also for minors, we continue to raise the issue regularly with the Kingdom of Saudi Arabia.
(4 years, 10 months ago)
Lords ChamberMy Lords, if there is any incoherence or lack of understanding, wherever it may be, I suggest across the piece that Members attend your Lordships’ House, where I am sure they will be suitably enlightened. On the specific issue of the policy around human rights, as we have said, global human rights underpin our sanctions policy. That is an assurance that I have given. We continue to develop, and we will be laying secondary legislation in that respect shortly.
My Lords, I must immediately say how grateful I am to the Minister for the force that he has given to the Magnitsky legislation that has taken place in this country. I want to raise a question with him about the scandal that has recently been displayed relating to Angola—the enrichment of the daughter of the President of Angola, and the fact that Isabel dos Santos is someone who spends a great deal of time in London. I wonder whether the sanctions regime would apply to someone like her.
There is a second matter that I want to raise and ask a question about. We are going to introduce legislation in this House and the other place that will look at the great crimes committed by nations against people, such as enslavement, extrajudicial killing and torture. Are the Government going to include imprisonment without limit? I know that this is a difficult one and at the moment, as I understand it, it is not on the list. Will it be included in the list of crimes for which we are giving international law teeth through the legislation that the Government are going to pass?
There was a lot in what the noble Baroness has just asked. What might be suitable for the House is if I say that we are having ongoing discussions with the noble Baroness and others, and those will continue. As I have said, we are looking at the current scope of the Magnitsky-style sanctions. That is under consideration, but it would perhaps be premature for me to speculate about the overall remit of the sanctions regime.
(4 years, 10 months ago)
Lords ChamberMy Lords, on the noble Lord’s final point, as anyone who has visited Kashmir will know, it is a beautiful part of the world. On his wider point on human rights in Kashmir and detentions after India revoked Article 370, as I said in my original Answer we have raised these issues; I have consistently raised the specific issue of the detention of various representatives. The noble Lord also talked about internet access. The contractual-based internet has been reintroduced across all of Kashmir and Ladakh. Currently, there is no open mobile service, but we continue to raise these issues with the Indian Government directly. It is important that the UK lend its voice to the incredible confidence-building initiatives between India and Pakistan. In that respect, I pay tribute to both countries on the recent opening of the Kartarpur corridor, which allows Sikh pilgrims to travel without visas across to Pakistan to pay respects at a very sacred temple.
My Lords, I want to ask the Minister about the important lead this Government are taking on media freedom. It is important to note that India leads the world in the maximum number of internet shutdowns conducted, particularly in Jammu and Kashmir, which have had indefinite communication blackouts. The media is one of the ways people know about their freedoms and what is happening to members of their community. We have had disappearances and the alleged use of torture. The human rights abuses have been considerable, including the shooting of people with metal pellets, which have blinded 1,500 people. Given the importance of media freedom to this Government, what are we saying to India about these media shutdowns?
My Lords, I pay tribute to the noble Baroness’s work. We will continue to work together on the important issue of the media freedom campaign. I assure noble Lords that that remains a key priority for Her Majesty’s Government. We will continue to call out media suppression around the world. On India specifically, the noble Baroness raised the internet shutdown. There are areas, such as Jammu, where the internet has been restored, but concerns remain within the Kashmir valley which we consistently raise. On our exchanges with India, the Indian Foreign Minister, Mr Jaishankar, actually attended the media freedom conference. We continue to raise these issues. India is a democracy, media freedom is a fundamental tenet of democracy, and there are many in India who support that very value.
(5 years, 2 months ago)
Lords ChamberI agree with my noble friend that any kind of violence—I am sure that I speak for every Member of your Lordships’ House—is to be condemned totally, but it is also vital that the response to any action is proportionate. That is why we stress again that the only resolution to this matter, as was reiterated by the noble Baroness, Lady Northover, is political dialogue. That remains the Government’s primary objective.
My Lords, I am the director of the International Bar Association’s Human Rights Institute. It has just had its annual conference, in South Korea. Many lawyers from around the world were there, and we awarded the human rights and rule of law award to Margaret Ng and Martin Lee, two leading members of the Bar in Hong Kong who argue for the rule of law and who will be known to many people in this House. It was interesting to hear from them. They said that the young are protesting about the absence of genuine democracy now and the continuous erosion of the processes that were put in place at the time of the handover. I strongly urge the Government to seek a dialogue and that China is reminded that the rule of law is not rule by law. I am afraid that often Chinese lawyers do not fully understand that the rule of law is not simply law and order but is also protecting the rights of people and strengthening democracy in a place that is going to be important to them as we go forward.
I totally agree with the noble Baroness. She has great experience and insight on these matters, and I fully associate myself with her sentiments and her remarks. Let me make clear that it has always been the position of the United Kingdom Government, irrespective of political affiliation, that all elements, including the elections that take place for the Chief Executive and the Legislative Council, are provided for in Hong Kong Basic Law. Our view is that the transition to universal suffrage should be applied wholesale. That is enshrined in Hong Kong Basic Law .
(10 years, 4 months ago)
Lords ChamberBefore the Minister sits down, perhaps I may ask a question. Was there lobbying by security companies to have this change in law introduced so that it would be compulsory for all prisoners on licence to have tags placed on them? Was there lobbying to create this change in law?
The noble Baroness asks a pertinent question. Representations are always made in any part of government, but the Government are, as I hope I have indicated, taking these steps forward in line with the concerns that exist and based on the evidence that I have presented to the Committee today.
(11 years, 5 months ago)
Lords ChamberMy Lords, I, too, express my gratitude to the noble Baroness, Lady Deech, for securing this timely debate. I also declare that I am a practising barrister. I am the chair of Justice, the pre-eminent policy organisation working on the rule of law here in the United Kingdom and the British arm of the International Commission of Jurists. I am also the co-chair of the International Bar Association’s Institute of Human Rights.
My practice at the Bar, and my work with these organisations at a high level, have absolutely convinced me of a number of things. One of those is that I do not need to persuade people of the vital role of just law here in Britain and in societies around the world. It is also a constant reminder to me of the place of the United Kingdom as a source of influence and admiration the world over. Our judges are universally admired and drawn upon for their skills. Our professionals are deemed to be of the highest calibre and international courts comment regularly on the quality of the lawyering from this country. Our legal institutions are, in my view, the finest in the world—and that is not an idle boast. It is not an accident that we have such a fine system. It is great partly because it has taken us a long time to get here; we have built our success out of the hard stones of experience over many generations. Quality, we have learnt, does not come cheap.
This issue, I emphasise, is not just some hysterical pay negotiation as it has been caricatured. Governments wanting to cut legal aid always reach for a base argument, which is to crack the cynical joke about fat cat lawyers acting like a cartel to fix their fees. I hope we will not hear comments about the large number of lawyers speaking in this debate. The reason lawyers speak about these matters is because it is lawyers who see at first hand the impact on ordinary people of savage cuts. They also see the inevitable impact on the quality of work across the board, and they foresee the desperate effect this will have on the system as a whole, not just the risk of injustice but inhibitions on the development of law. Politicians often see cost cutting as a form of surgery, taking off some excess fat, but like the demand by Shylock for his pound of flesh, the removal does not come without real bloodletting and a very serious risk to the health of the body legal.
This debate is actually about an important constitutional issue, as others have said. It is a constitutional issue because legal aid has an important constitutional function. It is about access to justice, but it is also about the integrity of our criminal and civil justice system as a whole. Further, it is a constitutional issue because it is about holding government and public bodies to account. It is not just legal aid lawyers who are complaining, it is judges, commercial lawyers, academic lawyers who study the effects of law on people’s lives, and indeed most lawyers who see that the system is of a piece and that taking the shears to parts of it has implications for the whole. Justice is a central component of any civilised society and we have to maintain trust in it.
The lack of rigour by the Government on this topic is not new. The Joint Committee on Human Rights, on which I serve, regretted the failure of the Government to grapple with the human rights implications of the proposals in LASPO. I am afraid that we are seeing it again. It was only after long and contentious arguments in both Houses that the Government recognised that they would almost certainly face successful human rights challenges if legal aid was not available to the victims of domestic violence, human trafficking or other egregious wrongs. That was when carefully crafted exemptions were created. Yet the proposals in these reforms will substantially undermine those exemptions. It is quite wrong that such important changes should come into being through secondary legislation. As the noble Baroness, Lady Deech, said, they should be subject to the proper scrutiny of Parliament, as was LASPO, and there should be primary legislation. I urge the Government to slow down and think carefully about this.
I enjoyed the account of the noble Lord, Lord Faulks, of being rejected as a barrister by knowing clients. The only time it happened to me was when a woman in Broadmoor on trial for arson looked at me and said, “She’s too small”. It was because she had seen the prosecutor, Tim Barnes, a man of six feet six inches, and obviously thought that the trial process involved some sort of wrestling or armed combat.
The message that in practice we send to the Government is that justice cannot be produced on an assembly line or by bulk buying. What the Government had in mind with their competitive tendering proposals was to give a contract to the cheapest tender. Those ideas about going for the cheapest are still afloat. The cost-cutting is about one lawyer doing a great number of cases and not looking for the specialist. I want to emphasise that some cases require specific expertise, an issue that has been raised. Some clients have a relationship with a particular law firm and it saves time and money to have that firm act for them. Sometimes the case may concern mental health, and lawyers come to have rich knowledge about particular subjects, especially in the interface of law and psychiatry. Sometimes the expertise is in the field of domestic violence, child welfare or counterterrorism, the area in which I have spent a lot of my life. Some specialise in cases that involve abuse of the most terrible kind. A massive reduction in legal aid will interfere with this considerably.
I am still concerned about the flat fee, where people will receive the same fee whether there is a guilty or a not guilty plea. It means that solicitors, human as they are, will have more incentive to get their clients to plead guilty since a not guilty plea entails considerably more work. At the moment, 73% of people plead guilty, but they do so because of the trust they have in the advice of their lawyers. Once they think that a lawyer might be pushing them in a certain direction for financial reasons, trust will be destroyed, and trust is at the heart of good institutions. If the Government want to see the kind of chaos that price-competitive tendering brings to justice, they need only look at the issue of interpreters. Barristers wait for days in court for Serco, which now deals with the interpreter system, to deliver an interpreter. I have heard of young barristers storing multilingual phrases in their phones so that they can explain to their clients that the interpreter has not turned up. Also, the defendant is often not produced by Serco. The waste in the criminal justice system is often about large companies bidding for and securing a contract at prices on which they cannot deliver. We then end up with no cost savings at all.
I remind the noble Baroness that the debate is time limited, which means that when the clock shows six minutes she should be looking to sit down at that point. That is a reminder to all noble Lords.
This is about preserving the quality of our system. Wonderful legal aid lawyers do that, and this is a way in which they are being undermined. They deserve better.
My Lords, before the next noble Lord speaks, I must insist that this is a time-limited debate. I have had to intervene for a second time. It eats into the time of the Front Bench, the Minister’s time, and that of the Opposition Front Bench. I request all noble Lords participating that when the clock shows six minutes, it means that they should sit down.