Trade Bill

Lord Alton of Liverpool Excerpts

Consideration of Commons amendments
Tuesday 23rd February 2021 Lords Chamber

Moved by

[Lord Alton of Liverpool]

Leave out from “disagreed,” to end and insert “do disagree with the Commons in their Amendments 3C and 3D in lieu, and do propose Amendment 3E in lieu—

3E: After Clause 2, insert the following new Clause—
“Trade agreements and genocide
(1) Subsection (2) applies if the responsible committee of the House of Commons publishes a report which—
(a) states that there exist credible reports of genocide perpetrated by a counter-party to a relevant agreement, and
(b) confirms that, in preparing the report, the committee has taken such evidence as it considers appropriate.
(2) The matter is referred to the Parliamentary Judicial Committee (“PJC”) for a preliminary determination on genocide perpetrated by a counter-party to a relevant agreement.
(3) Following a preliminary determination from the PJC under subsection (2) the Secretary of State must prepare a response to the responsible committee of the House of Commons.
(4) Subsection (5) applies if, after receiving a response from the Secretary of State to the preliminary determination mentioned in subsection (2), the responsible committee of the House of Commons publishes a report which—
(a) includes a statement to the effect that the committee is not satisfied by the Secretary of State’s response, and
(b) sets out the wording of a motion to be moved in the House of Commons in accordance with subsection (5).
(5) A Minister of the Crown must make arrangements for the motion mentioned in subsection (4)(b), within a reasonable period, to be debated and voted on by the House of Commons.
(6) Subsection (7) applies if the responsible committee of the House of Lords publishes a report which—
(a) states that there exist credible reports of genocide perpetrated by a counter-party to a relevant agreement, and
(b) confirms that, in preparing the report, the committee has taken such evidence as it considers appropriate.
(7) The matter is referred to the PJC for a preliminary determination on genocide perpetrated by a counter-party to a relevant agreement.
(8) Following a preliminary determination from the PJC under subsection (7) the Secretary of State must prepare a response to the responsible committee of the House of Lords.
(9) Subsection (10) applies if, after receiving a response from the Secretary of State to the preliminary determination mentioned in subsection (7), the responsible committee of the House of Lords publishes a statement to the effect that—
(a) it is not satisfied by the Secretary of State’s response, and
(b) it seeks a debate on the report.
(10) A Minister of the Crown must make arrangements for a motion for the House of Lords to take note of the report and the Secretary of State’s response to be moved, within a reasonable period, in that House by a Minister of the Crown.
(11) A Minister of the Crown may by regulations made by statutory instrument make provision for or in connection with the establishment and funding of, and appointment to, the PJC, and the process of referral and preliminary determination made pursuant to subsections (2) and (7).
(12) Regulations under subsection (11) above may in particular—
(a) specify the procedure by which members (who must have held high judicial office) may be appointed to the PJC, and on whose authorisation;
(b) make provision about the procedure and rules of evidence necessary for consideration of a referral mentioned in subsections
(2) and (7), allowing for hearings under oath, the collection of evidence, including exculpatory evidence, and the standard of proof to which the PJC should work.
(13) In making such regulations the Minister of the Crown must have regard to—
(a) the experience gained in the operation of this section;
(b) the object and intended purpose behind the operation of this section including—
(i) the upholding of all undertakings in and international obligations arising from the United Nations Convention on the Prevention and Punishment of the Crime of Genocide;
(ii) provision of meaningful referral without unreasonable hindrance to the PJC or the committee making the referral pursuant to subsection (2) or (7).
(14) Regulations under subsection (11) may contain supplemental, incidental, consequential and transitional provision.
(15) A statutory instrument containing regulations under subsection (11) is subject to annulment in pursuance of a resolution of either House of Parliament.
(16) In this section—
“counter-party to a relevant agreement” means a counter-party with which the United Kingdom has a bilateral trade agreement or is engaged in negotiations for a bilateral trade agreement;
“genocide” has the same meaning as in the Convention on the Prevention and Punishment of the Crime of Genocide (see Article 2 of the convention) and refers to genocide occurring, or continuing, after this section comes into force;
“Parliamentary Judicial Committee” or “PJC” means an ad hoc committee established in accordance with regulations under subsection (11), comprising five members of the House of Commons or House of Lords who have held high judicial office;
“preliminary determination” means a public finding by the PJC of genocide perpetrated by a counter-party to a relevant agreement, after due consideration by the PJC of all available evidence;
“the responsible committee of the House of Commons” means any select committee of the House of Commons charged with responsibility for this section;
“the responsible committee of the House of Lords” means any select committee of the House of Lords charged with responsibility for this section.””

[Lord Alton of Liverpool (CB)]

My Lords, in declaring my non-financial interests as listed in the register, and turning to Motion B1 and Amendment 3E in lieu, I give notice of my intention to seek the opinion of the House when the time comes. The arguments in favour of the all-party genocide amendment have been extensively aired in Committee, on Report, and in deciding to send the amendment back to the House of Commons, so I will not rehearse again all the arguments about the total inadequacy of our response to genocide, but simply set out why this proposition should be sent back to another place with the strongest possible message that this House will not remain indifferent or silent in the face of the very worst atrocity crimes, and nor will your Lordships be satisfied with a sleight of hand.

--- Later in debate ---

I believe that the amendment passed by the other place is a fair amendment that avoids the constitutional and other issues that have been brought to the fore with amendments from the Opposition, while also directly addressing the concerns previously raised by noble Lords. We now have the opportunity to vote for that amendment and perhaps bring the Bill, which I stress is a Trade Bill, one step closer to becoming law.

[Lord Alton of Liverpool (CB)]

My Lords, the Companion is clear that I should be brief, no longer than three minutes, and I promise to stay within the rules. These have been remarkable speeches and I am grateful to everyone who has taken part. The noble Lord, Lord Adonis, reminded us that the BBC has been banned in China. He did not say why. The BBC has been banned in China for broadcasting testimonies given by Uighur women. They were silenced for speaking. We have not been silenced today—it is one of the privileges that we enjoy, referred to by other noble Lords, to speak and to act. We must use our privileges; we must uphold our values and give the world a lead.

The 1948 Convention on the Prevention and Punishment of the Crime of Genocide was signed by us as a state. It is not a multilateral document but a document affirmed by us as a state, and it places duties on us: to prevent genocide, but also to protect and to punish those who have been responsible. Clearly, we have been derelict in those duties. Nothing in this amendment prevents us acting multilaterally. The only way that the other House can have any say about this issue is for us now to send this amendment back there.

The noble Lord, Lord Polak, said that Purim is coming shortly. In the Book of Esther, Esther is told that she has come into this world

“for such a time as this”.

For such a time as this, we must now step up to the mark and ensure that this issue of genocide is dealt with in the way it should have been dealt with over these last 70 years. The only way that can happen is by ensuring that we see legislative change, not simply talking shops or paper tigers, as has been put during the debate. I beg leave to seek the opinion of the House.