Ukraine

Lord Alton of Liverpool Excerpts

Tuesday 18th January 2022 Lords Chamber

[Baroness Goldie (Con)]

The noble Lord makes a very important point. He is right that we should remember that a considerable part of Ukraine continues to be illegally occupied, with the negative and unwelcome consequences to which he referred.

The United Kingdom, as the noble Lord will be aware, has supported Ukraine for over 30 years since it became a sovereign state in its own right. Since 2015, through Operation Orbital the UK has done what it can to help build what I described earlier as the resilience of the Ukrainian armed forces. We have provided defensive training to over 22,000 Ukrainian troops since 2015. That includes the maritime training initiative, to which I referred, to help the Ukrainian navy rebuild its capacity.

In June last year we entered into an agreement with Ukraine through a memorandum of implementation, which affirmed the UK as open to supply Ukraine with defensive weapons systems as well as training. That principle remains. The noble Lord will possibly be aware that we signed a UK export finance treaty last November to finance the Ukraine naval capabilities enhancement project. That treaty amounts to £1.7 billion of assistance.

That is meaningful help and it might assist your Lordships to understand that this is not just empty rhetoric. The proposal is that there will be missile sale and integration on new and in-service Ukrainian navy patrol and airborne platforms, including a training and engineering support package. There is a going to be development and joint production of eight fast-missile warships with modern defensive armaments. We will also assist with the creation of a new naval base in the Black Sea as a primary fleet for Ukraine and a new base in the Sea of Azov.

What the UK is trying to do in a holistic manner is to come to Ukraine’s aid in helping it to be more ready to defend itself. I think the UK can be satisfied with, and justly admired for, the help it has been giving. It has not been doing that alone, of course. As the noble Lord will be aware, the United States has been assisting as well.

The United Kingdom is very conscious of the extremely sensitive position in which Ukraine finds itself, not least because of the issues to which the noble Lord referred, but we are doing a number of very substantive things to assist it.

[Lord Alton of Liverpool (CB)]

The Minister was right to emphasise the importance of respecting the sovereignty of Ukraine. In 1989, I was privileged to be in Lviv in Ukraine at the time of the pro-democracy rallies there, when they were trying to throw off the hegemony of the Kremlin. Does the Minister agree that part of the Putin narrative is the recreation of the Soviet Union and that his regime is pushing in every direction it can to try to achieve that?

I particularly welcome what the Secretary of State for Defence said yesterday in pointing to Vladimir Putin’s 7,000-word essay, which has ethnonationalism at its heart. Only one paragraph mentions what the Secretary of State calls

“the straw man of NATO”;

in other words, this is an excuse to talk about NATO when there is a whistle blowing from the Kremlin, trying to whip up ancient hatreds.

Are we western nations not in danger of falling into the Byzantine trap? The Byzantines, when they had the enemy at the gates, were arguing about the gender of angels. Is it not important that, despite the vested interests the West has in gas, oil and the rest, we stand together and recognise what the people of Ukraine fought for in 1989 in seeking their independence and stand with them at this terrible time of trial?

[Baroness Goldie (Con)]

I think very few people would disagree with the noble Lord’s sentiments and I thank him for his reference to the comments by my right honourable friend the Secretary of State. I think an earlier contributor mentioned his article in the Times yesterday. I thought it was an extremely helpful analysis and a very clear illustration that in the West we totally understand what is happening and see through it. I think there is a need for that candour and that rigour.

I feel that in the current situation there is a need to be absolutely focused on where the immediate threat lies. As we speak, something like 100,000 Russian military are amassed on the borders of Ukraine. That is the actual threat and that is why we have to address our thoughts to how best we support Ukraine with a variety of measures, whether that is what we were doing in supplying from the UK these weapons that can be used in a defensive capacity, whether it is that we propose to apply sanctions if anything unacceptable happens, or whether it is that NATO and the EU are united as to a response against anything that President Putin may be minded to do which, quite simply, is unacceptable, contravenes international law and is an affront to the independence and sovereignty of Ukraine.

Armed Forces Bill

Lord Alton of Liverpool Excerpts

Consideration of Commons amendments
Wednesday 8th December 2021 Lords Chamber

[Lord Thomas of Cwmgiedd (CB)]

My Lords, I entirely support what the noble and gallant Lord, Lord Craig of Radley, has just said, but I want to add a word on Motion A1. It is clear that the overwhelming majority of people with real experience of the criminal and military justice systems support that Motion A1. The Minister is quite right: the service justice system has improved enormously over the past few years, but there is a fundamental respect in which it is different—that is, that there is no trial by jury. Trial by jury is the essence of our system. It gives confidence to the victims, which is critical in the very serious crimes that we are considering, and it is a fundamental right of the defendant. We should not do anything to take those rights away or to undermine confidence; that is the fallacy in the Minister’s argument.

[Lord Alton of Liverpool (CB)]

My Lords, I intervene briefly to support the amendments in the name of the noble Lord, Lord Thomas of Gresford, so ably supported by the noble and learned Lord, Lord Morris, the noble Lord, Lord Burnett, and my noble and learned friend. I have nothing usefully to add to what has been said by them in the context of Motion A1. They are huge authorities on this matter, and the House is right therefore to support them again and ask another place to think once more on that question.

I rise to support my noble and gallant friend Lord Craig of Radley on Motion B1, especially having spoken on this matter when we last considered it. He is right that some things cannot be settled at local level—and I say that as someone who has served in local government. Some things need to be settled centrally, and that should be spelled out in the Bill; that is so. He has made a compelling case as to why there should be some further consideration given to the duties that we have towards our armed servicemen and who has to implement those duties, specifically in the case of the Hong Kong ex-servicemen that was given as a very good example during Report and again by my noble and gallant friend.

The Minister has taken a great interest in this matter and knows that it concerns a very small number of people and that it is on a par with how we rightly dealt with the issue of the Gurkhas. We should do the same for these servants of the Crown, not least because of the developments in Hong Kong, where we have seen the destruction of democracy. Who would be more at risk than people who have served in our Armed Forces in Hong Kong?

If the noble Baroness cannot accept the amendment today and if it does not go back to another place, we will quite soon have before us the Nationality and Borders Bill. If she can do nothing else, she has heard what my noble and gallant friend has said about how this has now been referred back to the Home Office, which will have responsibility for that Bill. When the noble Baroness, Lady Goldie, replies for the Government tonight, she will have the opportunity to say to us whether included within the provisions of that Bill will be, as was reported in the media earlier this week, the possibility that this glaring oversight and injustice will be rectified in the course of that legislation. I hope that she will take the opportunity when she comes to reply to say whether that is being seriously considered by the Government and whether she is able to allay some of our concerns, at least on that count.

Armed Forces Bill

Lord Alton of Liverpool Excerpts

Report stage
Tuesday 23rd November 2021 Lords Chamber

[Lord Craig of Radley (CB)]

My Lords, I support the noble and learned Lord, Lord Mackay of Clashfern, on Amendment 4, and I support his Amendment 17. He has brought to your Lordships’ attention an example of where due regard is necessary from the Secretary of State. When he did so in Committee, I said that I had another one, and I would like to take the opportunity to spell that out, because this cannot be devolved or left to local authorities to be dealt with.

Some servicemen recruited in Hong Kong were full members of Her Majesty’s Armed Forces, having taken the oath of allegiance and paid full UK taxes on their pay. They held British passports; some trained in this country or elsewhere to fit them for their role in Hong Kong; some were involved in jungle-style warfare training in Borneo; one large unit was sent to Cyprus to release further UK armed personnel for Operation Granby, the first Gulf War in 1991. Many in the Royal Navy Hong Kong Squadron served worldwide on Her Majesty’s ships. Now retired, they are still rightly classified as UK veterans and deserve fair treatment under the military covenant. But a few who served in those units that disbanded in 1997 missed out when allocations to retain their British citizenship were made in 1984. Some but not all of these servicemen were indeed allowed to retain their British passports and citizenships. Those that were missed out and overlooked have long been campaigning for a return of this right, which has been replaced by BN(O) status without the benefit of full British citizenship. This injustice occurred when they were still serving.

Their case was first raised in this House in 1986, over 35 years ago. It has been recommended by the Hong Kong LegCo and was strongly supported by Lord MacLehose, drawing on his long and distinguished tour as governor of Hong Kong from 1971 to 1972. The Minister who wound up that debate about Hong Kong replied:

“I hope that your Lordships will recognise that there are some complex issues to be considered here … But, again, I can assure your Lordships that we shall give this the most careful consideration.”—[Official Report, 20/1/1986; col. 102.]


Note that promise of careful consideration. Nothing happened. Nothing further was said or done. Regrettably, repeated assurance of careful, active consideration by the Home Office to this day still produces no decision. Surely these few veterans deserve better—a definitive answer, not just prevarication and stalling behind a misleading false promise of active consideration. How many more years of consideration do the Government require? Are the Home Office hoping that when the veterans are all dead the problem will be forgotten?

Following the enactment of the convenant in 2011, a small association, of which I am privileged to be honorary patron, was formed by some former members of the Hong Kong Military Service Corps to press their case again. I myself have repeatedly raised it in debates and Questions for Written Answer and written to the Prime Minister to support representations by those affected in Hong Kong. I am far from alone. Over the past nine years or more, many Members of both Houses have approached Ministers, Home Secretaries and Prime Ministers on behalf of these veterans, but over the past decade the response has been increasingly incredible and ridiculous—that is, that it is under active consideration.

Over 18 months ago, at their request, I forwarded 64 individual applications from those Military Service Corps veterans to the Home Secretary. None has been answered. There has not even been an acknowledgment from the Home Office. Understandably, the present situation in Hong Kong has strengthened the wish for this matter to be resolved and for those now few remaining individuals to be treated as full citizens. Will this Government at last do the right thing for these veterans?

Surely this is a further extreme example of the reason for a duty of care and due regard to be placed in statute on the Secretary of State. I am sure in future other issues affecting a group of veterans, not just individuals, will arise, which cannot be dealt with at devolved or local authority level. The Royal British Legion and other service charities have provided cogent arguments why it is not right to exclude central government from a statutory duty of due regard for veterans. I endorse that view based on their detailed and dedicated experience helping the veteran community. I strongly support this amendment.

[Lord Alton of Liverpool (CB)]

My Lords, I am very pleased to support Amendment 4, in the names of the noble and learned Lord, Lord Mackay of Clashfern, the noble Lord, Lord Coaker, the noble Baroness, Lady Smith of Newnham, and my friend the noble and gallant Lord, Lord Craig of Radley. As the noble and learned Lord, Lord Mackay, told us, his amendment gives us the opportunity to address specific injustices experienced by our ex-servicemen and he is absolutely right in telling us that the lead on this should not be local authorities but national government. That is why not only are we right to hang specific cases on this amendment, but the purpose of the amendment itself is also clear and right.

Over the past decade, my noble and gallant friend and I have knocked on the doors of Ministers and raised questions on behalf of Hong Kong veterans. I know how greatly he is admired and respected by that cohort for his dedication and commitment to their cause. We have also worked with Mr Andrew Rosindell, the Member of Parliament for Romford, who has put great energy into putting right what is a clear injustice. The treatment of Hong Kong ex-servicemen has not been commensurate with the Armed Forces covenant, and the noble and learned Lord and others are seeking to put it right.

I also pay tribute to Roger Ching, the chairperson of the HKOR Benevolent Association, and who says of the treatment of Hong Kong’s ex-servicemen that

“The attitude of successive Governments towards servicemen and women and veterans is appalling.”


In 2014, my noble and gallant friend and I met with the late James Brokenshire when he was a Home Office Minister. He was characteristically courteous, but neither he nor a series of successive Home Secretaries have been able to correct the signal injustice faced by Hong Kong’s ex-servicemen.

It is worth recalling that, from 1857 until 1997, more than 40,000 Hong Kong men lost their lives protecting our interests and the interests of the Crown. In the Great War, 100,000 British-Chinese soldiers served on the Western Front, and by the time of the Armistice the Chinese Labour Corps numbered nearly 96,000 men. In subsequent conflicts, they served alongside British servicemen: in the Second World War, in Korea, in the Malayan anti-communist campaigns and elsewhere, as the noble and gallant Lord has told us. In this month of all months, we should not only honour that contribution but do something practical to show that with memory of past sacrifice comes contemporary engagement with a long-running failure to honour the past.

In July 2006, the United Kingdom granted full British citizenship to all British Gurkha soldiers and their dependants who had served in Hong Kong. It was a generous and good decision. But why has there been such a different treatment for all but a handful of Hong Kong veterans? When Hong Kong was handed back to the Chinese Communist Party in 1997, a points- based system meant that only 159 of the 654 soldiers who applied to live in the United Kingdom were successful.

Campaigners responded to that clear injustice, and one group, 38 Degrees, even set up a petition which gathered more than 117,000 signatures. Yet the response since right of abode was set up in 1997 has failed to bring a settlement, with successive Home Secretaries repeating the mantra of which my noble and gallant friend has reminded us this afternoon: that the applications are “under consideration”. For how much longer are we to be given this unsatisfactory, stalling response?

Last year, Rosie Laydon, a presenter and reporter for Forces TV, was in touch with me. She said:

“British Hong Kong veterans do not feel the current Government offer of visas to those with BNO status offers adequate recognition of their service. They have told me that they believe they should be granted British citizenship unconditionally”—


and I agree. They also told her that, as former members of the British Armed Forces, under Chinese national security laws, now imposed on Hong Kong, they are liable to be charged with spying for the United Kingdom Government.

Here I should declare that I am a patron of Hong Kong Watch, a vice-chair of the All-Party Parliamentary Group on Hong Kong and sanctioned, along with the noble Baroness, Lady Kennedy of The Shaws, by the CCP after taking part, in my case, in an international team monitoring the district council elections in 2019. Since then, we have seen the enactment of the CCP’s draconian national security law, and I should like to hear from the Minister, for whom I have enormous respect, as she knows, what assessment she has made of the implications of loyal service to the Crown for the safety of our ex-servicemen in Hong Kong. We need to see this matter is a question of honour, but we also need to see it as a question of safety and security.

Recently, the noble Lord, Lord Ahmad of Wimbledon, told me in a Parliamentary Answer:

“The National Security Law is being used to systematically stifle rights and freedoms, not protect public security.”


He also wrote:

“The UK is deeply concerned about the situation in Hong Kong and the systematic erosion of rights and freedoms and the high degree of autonomy enshrined in the Sino-British Joint Declaration.”


Perhaps when the Minister replies, she can tell us when the United Kingdom is going to do anything more to hold the People’s Republic of China to account for the destruction of the basic freedoms of Hong Kong.

Meanwhile, I point out to your Lordships’ House that the Times has reported that the Foreign Secretary, Liz Truss, says that the CCP is “committing genocide” in Xinjiang—something that the House will return to on Thursday. In the context of Xinjiang, Tibet and Taiwan, I may add that there have been more than 150 sorties trying to intimidate Taiwan in the course of just five days. In Xinjiang, we have heard the United States Secretary of State, Antony Blinken, say that

“the forcing of men, women and children into concentration camps”—

his words—

“trying to, in effect, re-educate them to be adherents to the ideology of the Chinese Communist Party, all of that speaks to an effort to commit genocide.”

Is it any wonder, then, that loyal servants of the Crown fear for the consequences of being abandoned in Hong Kong? The CCP has imprisoned lawyers, dissenters, pastors and journalists, such as the young woman, Zhang Zhan, tortured and jailed for four years for shining a light into the origins of the Covid pandemic in Wuhan. On Friday last, concerned for her deteriorating health, the United Nations called for her release.

In this context of arbitrary arrest, imprisonment, torture and re-education—even genocide—who can seriously doubt that Hong Kong’s ex-servicemen, like Afghan interpreters or judges, will be primary targets as “two systems, one country” becomes “one system, one party, one ideology”? Recall that this is the same CCP responsible for the massacres in Tiananmen Square and for the enormities of the Cultural Revolution—and the deaths of 50 million Chinese people.

Through the Armed Forces covenant, we have the opportunity to demonstrate that we will not abandon loyal servants of the Crown, that we do not forget our debt of honour and obligations and that Parliament will go on supporting my noble and gallant friend until this wrong has been put right. It is for those reasons that I strongly support the amendment placed before your Lordships’ House by the noble and learned Lord, Lord Mackay of Clashfern.

--- Later in debate ---

[Viscount Brookeborough (CB)]

My Lords, this was brought home to me when I was presenting Iraq campaign medals to returning soldiers a number of years ago. Since then I have met many who have returned from Afghanistan at official events. It is extraordinary when you hand out the medals and you come to somebody who is quite obviously of Commonwealth origin, and you actually have discrimination standing there in front of you. You have wounded people, if not physically then mentally, who are on parade. You are standing there and giving them a medal, and under your breath you are saying, “This is horrifying. I am totally horrified that you do not have the same or similar rights as the man or lady next door.”

This—our regard and respect for those people—surely comes under the spirit of the covenant. We simply cannot let this lie. It is not a great number of people, compared with the number receiving money put out as a result of Covid or, dare I say it, the number crossing the Channel. This could be killed here and now, in one go, and all those people would be not only happy but that much prouder to be as British as we would like them to be for their service abroad. I support this amendment.

[Lord Alton of Liverpool (CB)]

My Lords, we had a good debate earlier when my noble and gallant friend Lord Craig spoke to Amendment 4 tabled by the noble and learned Lord, Lord Mackay of Clashfern. There was a degree of unanimity around the House that this issue needed to be addressed. The Minister was good enough to say that, although she would not reply on Amendment 4 to the issue of Hong Kong ex-servicemen, when we reached this part of our proceedings on Amendment 26 she would be able to give us some reply. I rather hoped that might mean she wanted some space to try to digest some of the points that he and I tried to make earlier.

I particularly reinforce what the noble Baroness, Lady Smith of Newnham, said about the relationship between the MoD and the Home Office on this. If nothing else comes of this evening, will the Minister agree to facilitate a meeting involving perhaps those who have participated in this debate but also her noble friend Lady Williams of Trafford, at which we might try to make some progress on these two questions—one about citizenship and the other about the specific position of the Hong Kong ex-servicemen?

If the Minister has the figures, I wonder if she could share with the House the number of people we are talking about who fall into the category—whether the figures I gave earlier are correct or not. Sometimes it is what you do in small things that matters most, and we are talking about very small numbers of people. It was a point alluded to my noble friend Lord Brookeborough a few moments ago, that when you compare this very small group with the number of people who try to arrive in the United Kingdom—some illegally—it is how we behave towards them that will matter.

This brought me back briefly to debates in another place in 1983, when I spoke on the nationality Act about citizenship and the effects it would have on people in Hong Kong. Sadly, many of the things predicted during that debate have come to pass. The trajectory we all hoped that Hong Kong might be on post 1997 —“one country, two systems”, and an honouring of the difference between Hong Kong and mainland China —has clearly not happened. That has left people in a precarious position, and none more so than those who served the Crown. I reinforce the point I made earlier: these people’s lives are clearly now in danger, and we have a duty to do something about that. It is a point that my noble friend Lord Dannatt made as well.

That is all I wanted to say. I know I had the chance to speak earlier on. I hope the Minister will think about how she can, in a practical way, take these two relatively small questions forward and see if we can get some justice for those involved.

[Baroness Goldie (Con)]

My Lords, I thank the noble Lord, Lord Coaker, for tabling this amendment and the noble Lord, Lord Tunnicliffe, for his remarks in support of it. I am also grateful to those who have contributed to the debate, not least the noble and gallant Lord, Lord Craig of Radley, the noble Baroness, Lady Smith, the noble Viscount, Lord Brookeborough, and the noble Lords, Lord Dannatt and Lord Alton.

I think your Lordships will understand that I am at the Dispatch Box as MoD Minister. I cannot speak on behalf of the FCDO or the Home Office, but let me try and address some of the more technical issues to at least give context to what the amendment seeks to achieve. The first thing I want to say is that the Government highly value the service of all members of our Armed Forces, including: our Commonwealth nationals, our Gurkhas in Nepal, who have a long and distinguished history of service to the UK both here and overseas; and former British Hong Kong service personnel.

Before I address the detail of the proposed new clauses, I would like to say a few words about the process for setting immigration fees. Application fees for immigration and nationality applications have been charged for a number of years. They are charged under powers set out under Section 68 of the Immigration Act 2014. They play a vital role in our country’s ability to run a sustainable borders and immigration system, reducing the burden that falls on taxpayers.

Sitting beneath the Immigration Act are a fees order and fees regulations, all of which are scrutinised by both Houses before they come into effect; there is a democratic prism to all this. This system ensures checks and balances, and it seeks to maintain the coherence of the immigration fees framework as set out in legislation. If we were to remove these fees during the passage of this Bill, as the noble Lord, Lord Coaker, suggests in his amendment, it would undermine the existing legal framework for fees, without proper consideration for either the sustainability of the system or fairness to the UK taxpayer. It would also reduce clarity in the fees structure by creating an alternative mechanism for controlling fees which sits outside the immigration fees regime.

When non-UK service personnel, including Commonwealth citizens and Gurkhas from Nepal, enlist in the regular Armed Forces, they are granted exemption from immigration control status for the duration of their service. That is to allow them to come and go without restriction. They are free from any requirements to make visa applications or pay any fees while they serve, and that is unlike almost every other category of migrant coming to work in the UK. Those who have served at least four years or been medically discharged as a result of service can choose to settle in the UK after their service and pay the relevant fee.

As a number of your Lordships are aware, the time before discharge that such settlement applications can be submitted has been extended this year from 10 to 18 weeks. Those applying for themselves do not have to meet an income requirement, be sponsored by an employer, or meet any requirements regarding their skills, knowledge of the English language or knowledge of life in the UK, again putting them in a favourable position compared with others who seek to settle here. We recognise, however, that settlement fees may place a financial burden on non-UK serving personnel wishing to remain in the UK after their discharge, and we recognise the strength of feeling of parliamentarians, service charities and the public on this issue.

--- Later in debate ---

[Lord Alton of Liverpool (CB)]

Can we press the Minister further on this point about the link between the MoD and the Home Office? She is of course right, but she has just said that it is a continuing process of consultation. The Home Office has been saying that for year after year, as referred to by my noble and gallant friend in his remarks earlier. When does the Minister think that that will conclude, and will she respond to the point made by the noble Baroness, Lady Smith, and me about the importance of facilitating a meeting between the Home Office, the MoD and noble Lords who are involved and interested in this issue?

[Baroness Goldie (Con)]

I would say to the noble Lord, Lord Alton, that I understand the strength of feelings so ably articulated by him, the noble Lord, Lord Coaker, the noble and gallant Lord, Lord Craig of Radley, the noble Lord, Lord Dannatt, the noble Baroness, Lady Smith, and the noble Viscount, Lord Brookeborough. I understand the strength of feeling expressed in the House in relation to individuals who have served this country. But, as I have explained, there is an existing legal framework in place for immigration fees which already enables proper consideration to be given by government and Parliament to the full range of issues in setting those fees.

The issues raised by this amendment are already subject to a consultation that is entering its final stages. I can tell the noble Lord, Lord Alton, that I have no magic wand that I can wave, and that this is another department’s responsibility. I can also confirm that the specific issues around Hong Kong are also under consideration.

Afghan Interpreters: UK Relocation

Lord Alton of Liverpool Excerpts

Tuesday 6th July 2021 Lords Chamber

[Baroness Goldie (Con)]

What we have undertaken to do—I wish to reassure my noble friend about this—is to remain involved in ongoing discussions with the United States and international allies regarding the future of operations in Afghanistan, although we have agreed that the NATO Resolute Support mission will have completely withdrawn within a few months. I shall not comment on operational details beyond that, for security reasons, but I can say to her that intensive diplomatic activity will remain. The embassy in Kabul is very active and we exercise considerable influence.

[Lord Alton of Liverpool (CB)]

My Lords, is the Minister confident that the Home Office will co-operate with her ministry in showing the same degree of compassion and flexibility that she has shown in the granting of visas for relocation to the United Kingdom for those interpreters? In view of yesterday’s reports about the dangers to our diplomatic and defence staff at the embassy in Kabul, which she has just referred to, can she reassure us that we are taking urgent steps to ensure their safety, and that of international charity and aid workers? Presumably, there is also a continuing need to support interpreters while we have a presence in Kabul.

[Baroness Goldie (Con)]

We are very conscious of the security implications, particularly for our personnel within Afghanistan, not least within the embassy, and we constantly review that security situation. I wish to reassure the noble Lord that there is a very good relationship between the MoD and the Home Office. Our officials are regularly in touch, and there is regular and robust collaboration between government departments—not just these two departments, but also with the Ministry of Housing, Communities and Local Government.

Queen’s Speech

Lord Alton of Liverpool Excerpts

Wednesday 19th May 2021 Lords Chamber

[Lord Alton of Liverpool (CB)]

My Lords, I join others in congratulating the noble Lord, Lord Udny-Lister, on his maiden speech. In declaring various non-financial interests in the register, I too invite the Government to enlarge on the statement in the gracious Speech that they will

“uphold human rights and democracy across the world.”

Dominic Raab, the Foreign Secretary, recently appeared before the International Relations and Defence Select Committee, where I urged him to lead the reform of the United Nations Security Council veto powers, to remove the right of veto where it is used to block the referral of atrocity crimes and genocide to the International Criminal Court—a veto often used by Russia and China.

Last month, the House of Commons resolved that crimes against the 1 million Uighur Muslims enslaved in Xinjiang constitute a genocide, but no action is taken in the Security Council because the Chinese Communist Party—CCP—vetoes, threatens, intimidates or sanctions all those who try to hold it to account.

On North Korea, a 2014 UN commission of inquiry described the country as “without parallel” and called for crimes against humanity to be referred to the Security Council and on to the ICC. Seven years later, the CCP’s veto ensures that this does not happen.

In Burma, under the illegal regime, authors of atrocity crimes against Rohingya, Kachin and other minorities strut with impunity, aided and abetted by their authoritarian friends in Beijing.

Take Tigray, described as “one vast crime scene”, with women and girls—some as young as eight—systematically raped. One woman was told by her violator, “A Tigrayan womb should never give birth”. Nearly 800 Tigrayans were murdered at Axum. Starvation is being used as a weapon of war. Last week, the Guardian reported that hyenas had been eating the corpses. Along with Russia, the CCP has thwarted attempts in the Security Council to hold the perpetrators to account.

Next month, 19 June will mark the United Nations International Day for the Elimination of Sexual Violence in Conflict. On that day, the United Kingdom, with its significant record on the prevention of sexual violence in conflict, should lay a resolution before the Security Council demanding an end to this new genocide and these terrible atrocity crimes in Tigray.

However, this is not just about the Security Council or the veto. In taking control of the human rights agenda, China, Russia, Pakistan and Cuba are now all members of the United Nations Human Rights Council, making the watchdog and the burglar interchangeable. As it subverts international institutions, the CCP uses debt bondage through its $760 billion belt and road initiative, which encompasses some 71 countries, to turn developing nations into vassal states. Last week, it warned such countries not to attend a United Nations meeting that the United Kingdom co-hosted and which highlighted crimes against the Uighurs.

Compliance with CCP diktats requires silence on or support for human rights violations in Xinjiang, Hong Kong and Tibet, as well as support for the CCP’s threats against Taiwan and its use of sanctions—including threats of missile strikes—against Australia after that country called for an independent investigation into the origins of Covid-19. Last week, the CCP hammered another nail into Hong Kong’s place as a global financial centre, based on the rule of law, by freezing £500 million of the assets of Jimmy Lai, a British citizen and, through his independent media, a champion of Article 19 of the Universal Declaration of Human Rights. Similarly, the CCP’s violation of Article 18—on freedom of religion or belief—is evident in the treatment and imprisonment of Muslim Uighurs, Tibetan Buddhists, Christians and Falun Gong. Or take Articles 4 and 23 of the UDHR, which prohibit slavery and protect workers’ rights.

On 15 June, I will introduce a Private Member’s Bill to strengthen the provisions in the Modern Slavery Act on supply chains. The UK must do more to challenge the use of slave labour, but must also be alive to the internal dangers inherent in the CCP’s ownership of £135 billion of UK assets. Happily, although the world has been sleepwalking, we now see some countries awakening. For instance, in response to attempts to silence MEPs by sanctioning them, the European Parliament will vote tomorrow on the freezing of the mammoth investment agreement with China.

In evaluating the threat to human rights posed by the CCP, George Soros has described Xi Jinping as the most dangerous enemy that open societies face. To counter this, we must build stronger alliances with rising Asian nations that share the aspiration of the gracious Speech to promote human rights across the world.

Overseas Operations (Service Personnel and Veterans) Bill

Lord Alton of Liverpool Excerpts

Report stage
Tuesday 13th April 2021 Lords Chamber

[Lord Robertson of Port Ellen (Lab) [V]]

My Lords, Amendment 3 is in my name and that of the noble Lord, Lord Alton, and my noble friends Lord Campbell and Lord West. The amendment will provide that the presumption against prosecution does not apply to war crimes, crimes against humanity, genocide and torture.

Maybe after a lifetime in politics I was affected by some uncharacteristic naivety in thinking that the Government, faced by almost universal and expert opposition on this aspect of the Bill, would by now have changed their mind. Reasonable and knowledgeable people can only be dismayed by the obduracy of Ministers in this situation, and it is why there is a more than normal responsibility on this House to ask the Commons to look again, reflect and change the Government’s mind, before lasting and serious damage is done to the interests of our Armed Forces and the reputation of this country.

The objective of the Bill is clear and understandable: it is to protect our troops in foreign operations from vexatious prosecutions. Who could reasonably object to that? Certainly not me. But sadly, the Bill does not do what it claims to do and instead actually harms those whom we seek to protect. At best it would prevent only 1% of prosecutions, but it would not prevent seemingly endless investigations. Not only would this legislation not do what it claims to do but it would single out our Armed Forces for a privileged protection previously unknown in British law—what the Law Society, in its submission to us today, calls a “quasi-statute of limitations”.

For the first time in the history of British law we would be creating a two-tier justice system in which troops acting for us abroad would be treated differently from other civilians in society. That is serious enough, and alone should make Ministers worry about what they are embarking on, but, additionally, by saying that there is a presumption against prosecution for the most serious of all crimes—namely genocide, crimes against humanity and torture—the Bill undermines some of the most basic international legal standards for which this nation was renowned.

It does not end there. As a result of this quasi-statute of limitations, our troops might, for the first time, have to appear in front of the International Criminal Court. The chief prosecutor of the ICC, Mrs Fatou Bensouda, has said that

“were the effect of applying a statutory presumption be to impede further investigations and prosecution of crimes allegedly committed by British service members … the result would be to render such cases admissible before the ICC”.

The next chief prosecutor of the ICC is a British nominee, Mr Karim Khan, and the irony might be that among his first cases could be a British one.

Like so many of my predecessors as Defence Secretary or NATO Secretary-General, in these positions I had to take weighty decisions about foreign deployments and sending people into harm’s way. These were never easy or lightly thought decisions, and there were many sleepless nights involved. No one should underestimate my feeling when I say that I believe that this Bill is bad for our troops, bad for our British legal system and very bad for our national reputation.

I ask the Minister today to reflect for a moment on a few additional factors. First, there was unanimous criticism from the noble and gallant Lord, Lord Craig, the noble Lord, Lord Dannatt, and my noble friend Lord West, in the last debate that we had. Field Marshal Lord Guthrie, former Conservative Defence Secretary and Foreign Secretary Sir Malcolm Rifkind, and former Conservative Attorney-General Dominic Grieve, have all publicly opposed this measure. What about General Sir Nick Parker, former commander of British land forces, who urged Ministers not to damage the reputation of British Armed Forces overseas? Then there is Bruce Houlder QC, a former Director of Service Prosecutions, who told the Financial Times that the five-year limit would be “an international embarrassment”. On top of all these salvos, just yesterday the UN High Commissioner for Human Rights, Michelle Bachelet, issued a statement of real significance, saying that this Bill

“in its current form, risks undermining key human rights obligations that the UK has committed to respect.”

I remind the House of the report of the non-partisan committee of both Houses of the British Parliament, the Joint Committee on Human Rights, which considered this Bill and said that

“we have significant concerns that the presumption against prosecution breaches the UK’s legal obligations under international humanitarian law (the law of armed conflict), international human rights law and international criminal law. It risks contravening the UK’s obligations under the UN Convention Against Torture, the Geneva Conventions, the Rome Statute and international customary law.”

Those are devastating comments.

Perhaps, in my naive hopefulness, I allowed myself to think that no Government, still less one ostensibly committed to the interests of our Armed Forces, would pursue a measure which would harm them, their reputation and the reputation of our country as a stalwart upholder of the highest international legal standards. That is why I hope that now, at the last minute, the Minister will recognise the forces of reason arrayed against her and, in good military parlance, make a tactical retreat. I beg to move.

[Lord Alton of Liverpool (CB) [V]]

My Lords, I am a signatory to the amendment tabled by the noble Lord, Lord Robertson of Port Ellen. I wholeheartedly endorse his comments. He has made the case so well, having spoken with all the advantage and experience of high office in government and NATO, that I can be relatively brief.

In Committee, the noble and learned Lord, Lord Falconer of Thoroton, pointed, as the noble Lord, Lord Robertson did, to the broad coalition inside and outside this House which spans from well-experienced military personnel to the United Nations, human rights charities and former Defence Secretaries. Those diverse voices have cogently argued that we should extend the exclusions from the presumption to cover genocide, torture and crimes against humanity. Echoing those concerns when speaking earlier today on a previous amendment, my noble and learned friend Lord Hope of Craighead also set out some of the compelling reasons why the House should support Amendment 3.

I will say a few words about the crime of genocide. Following the overwhelming support which the House gave to the all-party amendments on genocide that I recently moved to the Trade Bill, the House will have noted that many of the same arguments advanced during those debates about strengthening the rule of law also apply to Amendment 3.

Reflect for a moment that the International Criminal Court’s prosecutor has urged the United Kingdom

“to ensure that the exemption clause extends to all crimes within the jurisdiction of the Court”.

Are we seriously going to ignore this admonition? What calculation have we made of the reputational damage and the danger of being accused of being Janus-faced when we call out genocide in places such as Xinjiang, against the Uighurs, or Myanmar, against the Rohingya, but do not hold ourselves to the same stringent test?

Showing contempt or disdain for the ICC is something that we usually associate with authoritarians and dictators. We should be leary of being found in such disreputable company. It also stands in stark contradiction to the vaunted claims in the integrated review that the United Kingdom will be a world leader in promoting British values and a rules-based international order. Global Britain will be measured by its actions and not as a slogan.

The ICC’s chief prosecutor has said that, as this Bill stands, the result would be to

“render such cases admissible before the ICC”,

and that the UK would

“forfeit what it has described as its leading role, by conditioning its duty to investigate and prosecute serious violations of international humanitarian law, crimes against humanity and genocide on a statutory presumption against prosecution after five years.”

As we have just heard from the noble Lord, Lord Robertson, the United Nations Commissioner for Human Rights, Michelle Bachelet, added her voice only yesterday, urging us, as parliamentarians, to heed warnings that, in its current form, the Bill risks undermining key human rights obligations that the United Kingdom has committed itself to respect. She urged us to ensure that the law

“remains entirely unambiguous with regard to accountability for international crimes perpetrated by individuals, no matter when, where or by whom they are committed”.

She went on to pay tribute to our courts and what she called

“the independence and fairness for which they are known around the world”.

She urged us to maintain and strengthen our judicial approach to atrocity crimes—to strengthen, rather than diminish, their standing and reputation.

UN Mission in Mali: Armed Forces Deployment

Lord Alton of Liverpool Excerpts

Monday 14th December 2020 Lords Chamber

[Baroness Goldie (Con)]

The last part of my noble friend’s question encapsulates why the United Nations is there and why we are proud to make to our contribution to that mission. Our force may be 300, but that is part of a force of thousands, reflected by the other contributors to the mission. My noble friend is quite correct: there is a challenge—we do not diminish that—but it is best addressed in partnership with like-minded nations working together. Acting under the umbrella of the United Nations is a constructive and positive way in which to do that.

[Lord Alton of Liverpool (CB)]

My Lords, on March 12, in evidence to the inquiry on sub-Saharan Africa of the International Relations and Defence Select Committee, which has been referred to already, General Sir Richard Barrons said that the UK’s role in MINUSMA, the UN peacekeeping mission in Mali, was

“not in support of a strategy of any kind other than ‘We should do a bit more UN peacekeeping’”.

When the noble Lord, Lord Ahmad, answered my Question on 17 June, he said that our strategic approach would

“help tackle the underlying causes of poverty and conflict in the region”

but he said nothing about the role of jihadists from both al-Qaeda and Isis, who have been referred to by a number of noble Lords. What has changed since General Barrons made his remarks in March about the lack of a strategy? Given the history of jihadism in Mali, including terrible attacks on women and the destruction of Sufi monuments in Timbuktu, will the Government be clear about who and what we are fighting in Mali and why, and reflect on the dangers of mission creep?

[Baroness Goldie]

I go back to what we are doing and why we are there. We are part of this United Nations mission. It is important to remember the umbrella character of that mission. I fully agree with the noble Lord that mission creep would be undesirable, but there is a minimal risk of that happening for the reasons which I stated earlier. This is a mission for our UK deployment of finite time—it is three years; there will be a review after 18 months. It is a fixed number of personnel; it is a peacekeeping mission—our role is one of reconnaissance. There are therefore clear boundaries round what we are doing there. That is not to say that our presence is ineffectual or not capable of achieving anything substantive—I would totally disagree with that as an assessment. As part of this broader commitment organised by the United Nations, we are contributing to addressing the issues which have made the country so challenging and dangerous. The noble Lord is quite correct. I do not seek in any way to diminish the threat, the dangers or the difficulties—they are real and they are there—but I am proud to say that, in so far as the United Kingdom is concerned, we have highly-trained, very capable and professional soldiers. I am confident that they will make a singular and important contribution to the broader objectives of the mission.

Covid-19: Security Risks

Lord Alton of Liverpool Excerpts

Tuesday 19th May 2020 Lords Chamber

[Baroness Goldie]

In relation to NATO in particular, we are a principal contributor of funding to support efforts against misinformation by using cyber intelligence to counter it. On the specific question of what the Government are doing, it crosses a range of activity beyond the MoD. My noble friend will be aware that there has been leadership from the Prime Minister downwards, seeking to call out disinformation and misinformation for what it is, and we all have a role to play in doing that.

[Lord Alton of Liverpool (CB)]

My Lords what consideration are the noble Baroness and NATO giving to a new report which reveals that members of the Five Eyes are strategically dependent on China for 831 separate categories of imports, of which 260 involve elements of critical national infrastructure?

[Baroness Goldie]

NATO and the member partners always have an interest in reliance on export and import sources. Obviously, it is for individual nation states to determine how and with whom they trade. We have to recognise that that is a necessary freedom in the free flow of trade internationally.

Queen’s Speech

Lord Alton of Liverpool Excerpts

Tuesday 7th January 2020 Lords Chamber

[Lord Alton of Liverpool (CB)]

My Lords, I congratulate the noble Baroness, Lady Ritchie of Downpatrick, on her maiden speech. I should declare at the outset that I am a patron of Hong Kong Watch and visited Hong Kong in November to monitor the election and that last month I visited Kurdistan and northern Iraq.

Because of time constraints, I have given the Minister notice of several questions relating to Hong Kong, including evidence given in the House by Dr Darren Mann about attacks on and the arrest of medics there, which he says

“amount to grave breaches of international humanitarian norms and human rights law”,

the potential use of Magnitsky powers and a request for an assessment of the post-election situation in Hong Kong.

In the light of events in Iraq, I will use my few minutes mainly to speak about the role of Iran and the increasing belligerence and confidence of new insurgent militias. For 40 years, Iran has been responsible for proxy terrorism, hostage taking and egregious violations of human rights. Thousands of Iranians have long since seen through this theocratic terror state and have been publicly protesting against its leaders, while in Iraq more than 400 people have been killed while campaigning for a more open and democratic and less corrupt Government no longer manipulated by Iran.

Many people I met told me that Iranian Shia proxies and the re-emergent sleeping ISIS cells with Sunni affiliations will ruthlessly oppose any change and endanger the remarkable achievements of the Kurdish Regional Government, who have valiantly protected both Kurds and the minorities. In the north of Iraq, especially in Irbil, the KRG, whose parliamentary Speaker and Deputy Speaker I met, have created a glimpse of what a peaceful Iraq and a wider region respectful of difference and diversity could look like. I visited some of the multi-ethnic villages being rebuilt on the Nineveh plain, but Iran has already mobilised Shabak proxies, endangering the reconstruction of ancient Yazidi and Christian settlements such as Bartella, and is trying to create a destabilising Iranian canton strategically wedged between Kurdistan and Mosul. The parallel re-emergence of ISIS in northern Iraq’s Hamrin and Qara Chokh mountains led, in December, to the deaths or injury of more than 30 brave Kurdish Peshmerga soldiers, while its ISIS affiliate in Nigeria beheaded 11 Christians in retaliation for the demise of Abu Bakr al-Baghdadi.

The signal failure of the international community to bring genocidaires such as Baghdadi or men such as Qasem Soleimani to justice or to challenge countries that arm proxies or bomb civilians creates a culture of impunity and erodes a rules-based international order. I saw the consequences of impunity at Bardarash refugee camp where, in increasingly cold weather, tents and makeshift shelters in a desolate location have replaced homes bombed by Turkish—that is, NATO—planes. Thousands of people who, until weeks before, had successfully supported themselves and their children, now queue up for rations, handouts and medical help. In Bardarash, a mother of four told me that, “As they dropped their bombs and chemicals many children were burnt. Some were killed. I just want to go home with my children, but everything was destroyed, and we would be slaughtered.”

When did it become acceptable to break the Geneva conventions, and potentially the Chemical Weapons Convention, illegally occupy territory, ethnically cleanse a population and face no investigation, little censure, no Security Council resolution and no consequences? What outrage must a NATO country commit before we declare it to be unfit for membership let alone seek its referral to the International Criminal Court?

If the rule of law is a casualty of international impotence, consider the phenomenal human consequences. A staggering 70 million people have been forcibly displaced, with 37,000 people forced to flee their homes every single day, while 17 years is the average length of time spent in a camp by a refugee. These camps are the perfect recruiting grounds for the exploitation of despair, hopelessness and betrayal. Bardarash is a symbol of the breakdown of global leadership.

In asking the Minister how we intend to fill this vacuum, I would also welcome her response to questions I have sent her about memorialising the Simele genocide site and the request of Baba Sheikh, the spiritual leader of the Yazidis, who I met, concerning the 3,000 still-missing Yazidi women. Genocide survivors from Mosul and Sinjar told me that they had never been approached by British or international agencies to give their evidence. How will trials ever take place if we fail systematically to collect witness statements?

There can be no lasting peace and reconciliation without justice and the rule of law, which is why a central plank of our approach must be the creation of a regional court to try those responsible for war crimes, crimes against humanity or genocide. Until we do, I echo the noble Marquess, Lord Lothian, when I say that lawless militias and proxies will go on behaving with impunity and retaliatory assassinations and killings will be the order of the day, with unpredictable consequences for people who have already experienced appalling suffering and persecution.

Syria: British Armed Forces

Lord Alton of Liverpool Excerpts

Thursday 24th October 2019 Lords Chamber

[Baroness Goldie]

Let me reassure my noble friend without any ambiguity or ambivalence that the answer is yes. Daesh is the focus of our activity. I said earlier that Daesh is a lethal, toxic entity, and we owe it to the safety and security not just of the United Kingdom but of our friends and allies throughout the world to play our part in addressing that threat.

[Lord Alton of Liverpool (CB)]

My Lords, having said that, has the noble Baroness had a chance to read the report in this morning’s Times by Anthony Loyd that the ISIS flag has again been flying above the al-Hawl camp where 68,000 family members of ISIS are held? Has she also yet had a chance to evaluate the list that I sent to her department naming jihadists who are now fighting alongside the Turkish army? Where does this leave the fight against terror and Turkey’s membership of NATO, as well as our obligations to bring those who are responsible for this genocide against minorities, both in northern Iraq and north-east Syria, to justice?

[Baroness Goldie]

I am aware of the noble Lord’s earlier inquiry and, if he will permit me to do so, I shall respond to him in more detail. I said earlier that these are turbulent, difficult and unpredictable times. The United Kingdom is clear that we must be consistent and resolute in our approach to these difficult circumstances. I emphasise that the focus of our activity is, if we can, to assist in a political solution within Syria but also, unequivocally, to deal with the continuing threat posed by Daesh.