Sanctions and Anti-Money Laundering Bill [Lords]

Debate between Lord Bellingham and Jo Swinson

3rd reading: House of Commons & Report stage: House of Commons
Tuesday 1st May 2018 Commons Chamber

[Sir Henry Bellingham]

I declare an interest as the chairman of the all-party group on the British Virgin Islands and as a former Minister for the overseas territories. I had the pleasure of visiting all but two of them during my time in office.

It is a pleasure to follow the hon. Member for Glasgow Central (Alison Thewliss). She said that not enough progress has been made, but I disagree. I think a lot of progress has been made, and I will come on to that in a moment. We are all of the same view, however, about the problem that exists, which was so eloquently outlined by the right hon. Member for Barking (Dame Margaret Hodge) and my right hon. Friend the Member for Sutton Coldfield (Mr Mitchell). No one can disagree with what they said or about the scale of the problem; it is just a question of how we attack and deal with this problem.

When I was a Minister, I came across a number of examples of straightforward pilfering by different parties in African countries. One that my right hon. Friend and I dealt with, when he was the Secretary of State for International Development and I was the Minister for Africa, involved the Democratic Republic of the Congo, where a company called Tullow had its licence expropriated, completely unreasonably, by the DRC Government. It transpired that, after it was expropriated, it was handed over to a nephew, I think, of President Kabila and to a relative of President Zuma, while the company receiving the assets was registered in the BVI.

We know exactly what the problem is, but the question is how we should go about dealing with it. In many ways, I am disappointed with the Government. I feel that they should have tabled their new clause a bit earlier and made the arguments for it and that they should very much have stuck to their ground, but we must now move forward.

As far as the economies of those territories are concerned, unless people have had the chance to go there, it is difficult fully to understand the extent to which some of them have become dependent on international financial services—in the Caymans, it is obviously banking; in the BVI, it is international corporate registrations. They are extremely successful economies, with a very large number of professional service jobs clustering around their business model. I agree entirely with my right hon. Friend when he said that they can compete in other areas, such as tax and efficiency, as well as looking after the clients, and I hope that many parts of those professional and service businesses can expand, but there will be a disruption to their business model in the short term.

I am concerned that the Foreign and Commonwealth Office will be required to work incredibly closely with the Governments of those territories—particularly those of the BVI and the Cayman Islands, and to some extent those of the Turks and Caicos Islands and Bermuda—to make sure that, over the next few years, it puts in a huge amount of effort, knowledge sharing and capacity building.

My right hon. Friend will be more aware than anyone that, under the International Development Act 2002, the Department for International Development is the first port of call for financial assistance when something goes wrong in the territories. He and I obviously remember what happened in Montserrat, when DFID quite rightly came to the rescue, and when the Government of the Turks and Caicos Islands in effect went bust, DFID came up with a very large loan. That is why it is incredibly important that successful economies, such as that of the BVI, can transition to the new world in which they are going to have to live.

I would not have supported my right hon. Friend’s new clause 6. He asked me to support it, and I thought long and hard about it. In many ways, I would like to have done so, but I was very concerned about it for a few reasons, the first of which involves the constitution. As the hon. Member for Bishop Auckland (Helen Goodman) pointed out, I was the Minister responsible for the overseas territories White Paper in 2012, into which DFID had a significant input, as indeed did the Department for Environment, Food and Rural Affairs.

My right hon. Friend the Member for Newbury (Richard Benyon) assisted in that part of the White Paper that looked at international obligations on biodiversity and so on. The White Paper said that the UK Government could and would legislate in extreme circumstances, and that was a given because the territories are our responsibility. The citizens of those territories are as British as we are, and we have the ultimate responsibility for them. In some circumstances, we would of course legislate, and we reserved the right to do so. But the White Paper, and all the discussions and promotion on it, made it clear that that would always be a last resort, and in every circumstance we would try to build consensus and work in partnership with the territories.

France has a different model, with some of its territories incorporated into La France and with representatives in the Assemblée Nationale. We have moved to a model of home rule that is different in every case. Every territory has a different constitution and a different type of home rule, and we must work now to try to build consensus. I sincerely hope that the nuclear option contained in new clause 6 of Orders in Council will not be needed. We will have to work hard to make sure that we make progress in terms of what is outlined in the new clause. If we do not, I foresee a serious stand-off with at least three of the territories. I also fear for the economies of the territories if change happens very quickly and they have a significant loss of income. How will they transition and build up tourism, for example, or agriculture, where the BVI is very far behind?

I am concerned also that those territories have nascent independence movements and they will look at what has been said in the House today and say, “Well, if Britain is not prepared to work with us on a consensual basis, why should we remain in the British family?” I will do all I can to dissuade them from that course of action. Over the next two or three years, I hope that Ministers will have many discussions and make a generous offer of assistance, so that we can make progress in the right way.

[Jo Swinson]

The hon. Gentleman says that we need consensus and to try to work with the overseas territories. I would gently point out that the UK has been showing leadership on this issue since the international summit in 2013. Why does he think the overseas territories have engaged so little on this agenda, and why is he optimistic about success without the type of measure that the House will agree today, given that the Government have been making the case for five years?

[Sir Henry Bellingham]

I understand the hon. Lady’s point, but I would point out that some of us worked extremely hard to build up to the exchange of notes in 2016, so that our law enforcement agencies can access key information from, for example, the BVI within a matter of hours and use it in various measures they take against serious organised crime, money laundering, international slavery and the expropriation of assets—[Interruption.] I hope that it is someone important. On 70 occasions, the law enforcement agencies have been able to move against unsavoury people and get results.

If we move too quickly and without a decent transition, many of the corporate registrations will not stay in the BVI, the Cayman Islands, the Turks and Caicos Islands, Anguilla and so on: they will move to places such as Delaware, Panama, Venezuela, Nebraska and Equatorial Guinea—which my right hon. Friend the Member for Sutton Coldfield and I know well, as we have both visited it. Unless we are incredibly careful, that displacement will take place and, as the right hon. Member for Birmingham, Hodge Hill (Liam Byrne) pointed out, it will take place to the Crown dependencies.

Oral Answers to Questions

Debate between Lord Bellingham and Jo Swinson

Tuesday 19th June 2012 Commons Chamber

[Mr Bellingham]

The EU observers’ report found that the vast majority of people in the DRC were able to vote in relative peace and security, although I entirely accept that there were irregularities in that election. Looking forward, we are very concerned about what is happening in the Kivus, in the eastern DRC. It is essential that the situation there does not deteriorate further, and we urge all parties, including surrounding states, not to use proxies and to stay out of the situation. We urge all sides to work for peace in that troubled region.

[Jo Swinson (East Dunbartonshire) (LD)]

T10. Credit is due to both the previous Labour Government and this coalition Government for the UK’s global leadership on the arms trade treaty. Vital economic issues are being discussed at the G20 meeting this week, but will the Foreign Secretary tell the House whether the Prime Minister will also use the opportunity to lobby other world leaders in advance of next month’s arms trade conference, so that we can get a robust, comprehensive and effective arms trade treaty to save millions of lives?

Sergei Magnitsky

Debate between Lord Bellingham and Jo Swinson

Wednesday 11th January 2012 Westminster Hall

[The Parliamentary Under-Secretary of State for Foreign and Commonwealth Affairs (Mr Henry Bellingham)]

I congratulate the right hon. Member for Rotherham (Mr MacShane) on securing this very important debate. The high-profile case of Sergei Magnitsky is of serious concern to Her Majesty’s Government and one in which there is a clear need for Russia to act. As the right hon. Gentleman made clear, Mr Magnitsky, a Russian lawyer, went into pre-trial detention and died in state custody nearly a year later. Before his arrest, he had been working to uncover an alleged tax fraud against the Russian state by certain Russian law enforcement officials, a number of whom are alleged to have been involved in the investigation and detention of Mr Magnitsky.

In July 2011, the Russian presidential council on human rights published a report that found that Mr Magnitsky had been denied medical treatment and had been beaten while in detention, which directly contributed to his death, yet no one has been held to account by the Russian authorities. It is deeply disappointing that the Russian investigative committee appears to have made little progress. The publication of its findings in relation to Magnitsky’s death was postponed a number of times during 2011. They are currently due to be issued on 24 January. It is vital that the Russian authorities complete a thorough and transparent investigation into his death without further delay, as the case has wider implications for the rule of law and respect for human rights in Russia.

[Jo Swinson (East Dunbartonshire) (LD)]

What confidence does the Minister have that the Russian authorities will be able to complete that kind of transparent, thorough and fair investigation in this case?

[Mr Bellingham]

I am grateful to my hon. Friend for intervening. Of course, it is disappointing that the Russian investigative committee has made so little progress. It is also very disappointing that its report has been postponed on three occasions, but we are putting on all the pressure that we can and understand that the report will be issued on 24 January. We will keep up the pressure and look forward to publication on that date.

On HMG action, we have made our concerns very clear to the Russian Government. I should like to point out to the right hon. Member for Rotherham that the Prime Minister discussed this case with the President during his visit to Moscow in September, when he also outlined the need for confidence in the rule of law in Russia. This case is an unfortunate reminder that Mr Magnitsky’s death in pre-trial detention is not an isolated incident in Russia: approximately 50 to 60 people die in pre-trial detention facilities annually.

Our embassy in Moscow is providing financial support to the important work of the Social Partnership Foundation—a human rights non-governmental organisation—to look at the underlying causes of such cases and to help prevent further cases occurring.

The right hon. Gentleman referred to the Government subjecting Russian officials allegedly implicated in Magnitsky’s death to punitive measures in the form of visa bans. He will be aware that the immigration rules enable us to refuse a visa where information on an individual’s character, conduct or associations makes entry into the UK undesirable. However, the UK has a long established global practice, which has been followed by all recent Governments, including the one of which he was a member, of not commenting routinely on individual cases.

The right hon. Gentleman named a number of individuals whom he says were involved in the case. The Home Office and I will look into the cases of those individuals and will write to the right hon. Gentleman in due course.

--- Later in debate ---

[Mr Bellingham]

I am grateful to my right hon. Friend for making that strong point. In light of what he says, I can tell him that our wider work on human rights in Russia focuses on a number of key areas: democratic rights, including supporting free and fair elections, freedom of expression and freedom of the media; support for those seeking to resolve conflict in the north Caucasus; support for those seeking to increase monitoring, reporting and prosecution of human rights abuses; better support and protection for human rights defenders; support for those seeking a stronger rule of law with improved access to justice; and making progress towards greater equality and reduced discrimination.

[Jo Swinson]

I thank the Minister for giving way; he is being very generous. In early 2010, I visited Chechnya with Lord Judd to investigate the human rights situation. Will the Minister, in his discussions with Russian colleagues and his ministerial colleagues, impress upon the Russian Government that this is also an issue of security? It was clear from our trip to Chechnya that, without the proper upholding of human rights, the security situation and the terrorism issues faced there would not be resolved.

[Mr Bellingham]

I thank my hon. Friend for making that point. I agree with what she says, and we will ensure that that is taken up at the highest level.

In addition to the Magnitsky case, it is important that the Russian Government fully investigate the unresolved murders of journalists and human rights defenders. We remain concerned at the lack of progress in prosecuting those responsible for the 2009 murder of Natalya Estemirova. The murder of Russian journalist Anna Politkovskaya remains one of the most worrying cases of recent years. More than five years after her tragic death, the case still remains to be concluded. In October, Russian prosecutors announced new charges against suspects allegedly involved in organising her murder. The Prime Minister raised this case with President Medvedev during his recent visit to Moscow, calling on the Russian authorities to take further steps to bring all perpetrators to justice. There is a low success rate in investigating and prosecuting these crimes, thus perpetuating the perception of impunity, which undermines freedom of expression and human rights in Russia.

Bonn Conference (Women in Afghanistan)

Debate between Lord Bellingham and Jo Swinson

Monday 5th December 2011 Commons Chamber

[The Parliamentary Under-Secretary of State for Foreign and Commonwealth Affairs (Mr Henry Bellingham)]

I congratulate my hon. Friend the Member for Stourbridge (Margot James) on securing this important debate and praise her for her well-informed and compelling speech this evening. It is exceptionally timely, because today’s Bonn conference follows 10 years on from the first Bonn conference. That set Afghanistan on the road to recovery from the damage caused by 30 years of civil war and the misrule of the Taliban. The Afghanistan of 2011 is unrecognisable from the Afghanistan of 2001.

The past 10 years have been difficult but real progress has been made. The Afghan economy is growing and the Afghan Government are providing increasing levels of basic services to the Afghan people, including in education and health. In 2001, under the Taliban, only 1 million children attended school, none of whom were girls. As my hon. Friend pointed out, by last year nearly 6 million children were attending school regularly and more than 2 million of them were girls. More than half the population can now access a health facility within one hour’s walk, compared with 9% in 2002. Security is improving in many parts of the country, increasingly delivered by the Afghan national security forces. There is also progress on governance and the rule of law, but many significant challenges remain.

Today, in Bonn, the Afghan Government have chaired an international conference on Afghanistan to address these challenges and agree a path towards a stable and secure future. Some 100 delegations and about 1,000 participants attended the event. They shared a common objective: to ensure that Afghanistan never again becomes a safe haven for international terrorism and to ensure that the Afghans can be responsible for their own security and their own future.

At the conference, the international community sent a strong message of its long-term commitment to Afghanistan. UK combat troops will leave Afghanistan by the end of 2014, but our support for the country will not cease. Participants emphasised that international support for sustainable Afghan national security forces needs to continue after 2014. The international community will work to define a clear vision and an appropriately funded plan for the ANSF before the NATO summit in Chicago in May next year.

The conference also reaffirmed the international community’s readiness to support the Afghan Government in developing their economy. International partners will direct financial support to Afghanistan to help to address her continuing budget shortfall and to achieve self-sustainability. We will work with the Afghans and international partners on detailed plans which we hope to discuss at the Tokyo conference planned for July next year. Alongside those steps, the Afghan Government are committed to revitalising the reform process agreed in Kabul last year and to accelerating progress on the key development priorities. Participants also gave their backing to the Afghan Government’s commitment to an inclusive and representative peace process and agreed a set of guiding principles. In addition to the internal issues, the international community signalled its firm support for improved regional co-operation by backing the Istanbul process agreed at the Istanbul conference in November.

My hon. Friend asked about today’s conference. I can tell her that it focused on a number of key issues relating to the role of women in Afghan society and politics. The conference made it clear, first, that the peace and reconciliation process must be inclusive and must represent the legitimate interests of all the people of Afghanistan, regardless of gender or social status. Secondly, the conference made it clear that the outcome of the peace process must respect the Afghan constitution, including its human rights provisions—notably the rights of women. The Afghan Government reaffirmed that the Afghan people will continue to build a stable, democratic society, based on the rule of law, in which the human rights and fundamental freedoms of its citizens, including the equality of men and women, are guaranteed under the Afghan constitution. The fundamental freedoms and rights enshrined in the Afghan constitution, including the rights of women and children, are key to Afghanistan’s future.

It was encouraging to see that 25% of the Afghan official delegation was female and that there was significant representation by women in the Afghan civil society delegation that attended Bonn. In addition, one of the two civil society representatives who participated in the main conference today was female. The Minister for Equalities, my hon. Friend the Member for Hornsey and Wood Green (Lynne Featherstone), attended the civil society forum preceding the Bonn conference. She also held a meeting with representatives from the Afghan Women’s Network. In all her contacts, she reiterated the importance of women’s rights and the UK’s long-term commitment to Afghanistan post-2014.

At the civil society forum, the German Foreign Minister Guido Westerwelle and the Afghan Foreign Minister Rassoul both reiterated the commitment of the international community and the Afghan Government to upholding the rights of women in Afghanistan now and in future. Over the past 10 years, the status of women in Afghanistan has improved. A quarter of the MPs now in the Afghan Parliament are female, there are nine female members of the high peace council and there is the first female provincial governor in Bamiyan province. There are clear signs of the effective participation of women in the political process.

The Afghan Government have worked to support women throughout Afghan society by establishing a Ministry of Women’s Affairs, which promotes women’s rights in Afghanistan and implements the national action plan for the women of Afghanistan. In September 2010, the Afghan Government also established a human rights support unit at the Ministry of Justice to co-ordinate and advise on human rights policy and legislation across the entire Government. To complement the work of the Afghan Government there is a growing network of women’s NGOs and advocacy groups across the country, which are increasingly leading the way in calling for change on women’s rights issues and on the wider human rights agenda.

The UK Government continue to support this effort alongside the Afghan Government, local and international NGOs, civil society organisations and international partners to continue improving the status of women in Afghanistan. For example, we have provided support to both the Afghanistan Independent Human Rights Commission and the human rights support unit in the Ministry of Justice, including human rights training. We participate in the AIHRC donor group to ensure that the commission addresses human rights protection for men and women in Afghanistan. I praise the support from DFID, and I am very pleased to see the Under-Secretary of State for International Development on the Front Bench with me this evening. That is a sign of DFID’s commitment and determination to make progress.

Our national action plan on United Nations Security Council resolution 1325 on women, peace and security includes a country action plan for Afghanistan which co-ordinates cross-Government activities on gender issues.

[Jo Swinson (East Dunbartonshire) (LD)]

I welcome the Minister’s message that involving women is important for security. I was fortunate to visit Afghanistan last month with a cross-party group of MPs and we heard much about the progress being made in training the army and the number of new recruits. To the end that we all seek, can the UK Government assist us by including in the monthly reports progress on gender equality and women’s rights as we head towards transition in 2014?

[Mr Bellingham]

I am grateful to my hon. Friend for that practical and sensible suggestion. I assure her that we will take it on board. I can see my DFID colleague nodding.

We have undertaken wider work in areas such as education, economic opportunities and participation in public life. During a recent visit to Kabul, my right hon. Friend the Secretary of State for International Development launched Strengthening Afghanistan’s civil society project “Tawanmandi”, which will help Afghan civil society organisations to engage more effectively with the Afghan Government and help to make the Government more accountable and responsive to their citizens, particularly women.

Although there is significant progress, there is still much more to be done. As my hon. Friend the Member for Stourbridge made clear, women in Afghanistan continue to face huge challenges, including high illiteracy rates, domestic violence, forced marriages, poor access to health care and lack of livelihoods. The isolation of some rural communities makes it difficult to raise awareness of women’s rights. I agree with my hon. Friend that progress in some of the remoter regions has been patchy, and we need to do our level best to reinforce the progress that has been made.

At the Bonn conference my right hon. Friend the Foreign Secretary made clear in his intervention the UK’s strong support for women’s rights in Afghanistan, and we continue to make it clear that any political settlement must be inclusive and address the concerns of all Afghan citizens. We will continue to support the Afghan Government as they work to address these issues, and continue to emphasise that a political system which represents and includes all Afghans, regardless of gender or ethnicity, is the best way of securing a peaceful and stable Afghanistan.

I conclude by praising my hon. Friend the Member for Stourbridge for her indefatigable energy in pursuing and pressing this issue. Her work and her focus and passion give hope to many millions of women in Afghanistan.

Question put and agreed to.