Darfur: Risk of Genocide

Lord Collins of Highbury Excerpts

Tuesday 18th July 2023 Lords Chamber

[Lord Ahmad of Wimbledon (Con)]

My Lords, I agree with Karim Khan, the ICC prosecutor. That is why we are working very closely with him. He gave that evidence last Thursday, during the UK presidency. It is also important that he recognised that the ICC has a continuing mandate during this conflict and in Darfur. As the noble Lord will know, it is directly investigating whether genocide, crimes against humanity and war crimes generally have occurred. We are very much focused on that.

On evidence collection, we have a central unit within the FCDO that allows us to collect some of the evidence remotely. There are issues of access in Darfur. I remember visiting Darfur myself, and the challenges were still immense when there was access. However, as I said, the first step must be a resolution on a cease- fire between the two warring sides to allow for a full assessment to be made.

[Lord Collins of Highbury (Lab)]

My Lords, what Karim Khan said at the Security Council was about impunity. He gave the historical cases; court cases are still continuing. One plea he made to members of the Security Council was: what pressure would be put on the Government of Sudan to co-operate fully with the ICC? Can the Minister tell us what we are doing to put pressure on Sudan so that people cannot act with impunity in the future?

[Lord Ahmad of Wimbledon (Con)]

My Lords, as I have already said, we are working very closely with the prosecutor. As the noble Lord will be aware, various avenues are being pursued in Sudan to resolve this conflict. The first thing is having a ceasefire. We are working with regional counterparts in IGAD and the African Union. We are also working as part of the quad, including with the Kingdom of Saudi Arabia, the UAE and the US, and of course we have troika responsibilities historically to Sudan. All of these avenues are focused first and foremost on stopping this conflict and, secondly, as the noble Lord articulated, ensuring that these crimes are fully investigated and that there shall be no impunity for those who have committed them.

Hong Kong

Lord Collins of Highbury Excerpts

Thursday 13th July 2023 Lords Chamber

[Lord Collins of Highbury (Lab)]

My Lords, I thank the Minister for repeating that Statement. Of course, by targeting the families of brave activists, authorities in Hong Kong have taken another deeply sinister step towards the erosion of the rights promised to the people of Hong Kong in 1997. The liberties and freedoms of the handover agreement are being flagrantly disregarded, and the system is increasingly under direct control of the Chinese Communist Party. We are now witnessing the full force of the national security law and the realisation of the fears of the Hong Kongers.

Our response must be firmly to stand by the people of Hong Kong and co-ordinate the international response. Given that the United Kingdom has recently assumed the presidency of the Security Council, can the Minister say what steps and plans the Government will make to arrange a debate at the UN over the next month on this important topic?

We must also continue to ensure that no part of the United Kingdom is complicit in this repression. Therefore, can the Minister finally issue formal guidance to ensure that there is no confusion as to the position of British judges in Hong Kong?

Unfortunately, those who have sought safety in the United Kingdom are not only worried about their families back in Hong Kong but are now threatened here too. The pursuit and enforcement of bounties by a foreign Government in the United Kingdom is clearly illegal. The Government must prosecute any individual who seeks to take up these bounties.

There are also new, serious questions about the status of extradition treaties with Hong Kong and the People’s Republic of China and proposals for establishing a safe corridor for pro-democracy activists overseas. I listened to the Minister in the other place; she did not really answer Iain Duncan Smith’s question on this issue and the steps taken for safe passage. She referred to exchanges with Five Eyes and European partners regarding cancellation of extradition treaties with Hong Kong and the PRC, but without really giving any firm details. She mentioned, however, that only two EU countries have not cancelled the treaties. Can the Minister give us a little more detail this afternoon about the full extent of our discussions, not just with EU partners but on a broader scale, about how we ensure that such extradition treaties are not used to attack these human rights defenders from Hong Kong when they travel?

Given how unique this situation is, Ministers clearly need to work across departments to protect those who feel at risk. Will the Minister outline what steps are being taken across departments to safeguard Hong Kongers here in the United Kingdom? Do the Government have any plans to give further resources to the Home Office and the Department for Levelling Up to protect Hong Kong communities in the United Kingdom from any attempts by Beijing and the Chinese Communist Party to target them?

The Minister will also know that the Intelligence and Security Committee released its latest report today, which found that the Government’s response to the threat from China has been completely inadequate. He will recall that I asked in last Thursday’s debate in Grand Committee why the Government will not commit to publishing a stand-alone China strategy. The need to shift security policy from crisis management to long-term strategy is vital. We need to challenge, compete and co-operate where we can, as I emphasised last week. Will the Minister outline the steps that the Government will now take to follow through on the recommendations of the ISC’s report? Surely he agrees that, in the light of that report and with recent events in Hong Kong, it is now time for a new and comprehensive strategy towards China.

The Minister repeatedly states—I agree with him—that sanctions are effective only when taken in concert with others. If we work in isolation, they will never be effective. So why, as Iain Duncan Smith asked in the other place, are we so out of step with our allies in sanctioning those key individuals responsible for human rights abuses in Hong Kong, particularly Hong Kong Chief Executive John Lee? I know that the Minister will repeat the usual mantra that the Government do not publicly respond on future designations but will he assure the House that we will work in concert with our allies to ensure that those responsible for these human rights abuses suffer the full action of the international community?

[Lord Purvis of Tweed (LD)]

My Lords, the Government will find no disagreement at all with the Statement from these Benches. We also support the remarks of the noble Lord, Lord Collins.

It is clearly unacceptable that the United Kingdom and its politicians should, in effect, be threatened by another country’s embassy over hosting individuals who will now, as John Lee indicated, be fearful for the remainder of their lives unless they return to Hong Kong. There is reportedly a £101,000 bounty on them. This is clearly unacceptable behaviour. What advice are the Government providing to individuals being threatened in such a way on accessing information and support from British police? We must be prepared for Chinese authorities to go beyond pure threats as, regrettably, we have seen physical action in this country, which is equally unacceptable.

I have three questions for the Minister. The first relates to our economic relationship with China. Clearly, our diplomatic relations are in a complex and sensitive state, but there seems to be very little action from the Government to see those concerns reflected in our trading and investment relationship via Hong Kong. Eight years ago, Prime Minister David Cameron indicated that he wanted Britain to be the preferred partner of China in the West and signed a number of preferential market access agreements with China. I have asked repeatedly which of those agreements we have alerted the Chinese authorities that we will pause on the basis of human rights concerns. The Government have indicated that none will be.

This is compounded by the Trade Minister from this House, the noble Lord, Lord Johnson, actively engaging with the Hong Kong authorities at the same time as they are announcing bounties on people in this country. My second question to the Minister is this: which Minister authorises Trade Ministers to visit Hong Kong? Is it the Prime Minister personally or the Secretary of State for the Department for Business and Trade? I do not know whether that department or the FCDO is in charge of our relations with China.

Thirdly, the Independent Commission for Aid Impact recently updated its review on UK aid to China. Many people will be alarmed to hear that, under the latest set of figures, it found that the United Kingdom has given £48 million in overseas development assistance to China—a country on whose goods we are dependent by a trade deficit of more than £40 billion. The commission found a concerning lack of transparency on a government strategy to reduce development assistance to China. I hope that the Minister can respond positively to the ICAI report and indicate when that figure will reduce to zero. I think that British taxpayers will be concerned when aid is being cut to those starving in the Horn of Africa but we are providing nearly £50 million to China.

My final point relates to the point made by the noble Lord, Lord Collins, with which I agree, on the need for a longer-term strategy. The Minister is well aware that a report of the International Relations and Defence Select Committee of this House found a “strategic void” from this Government on our relations with China. It said:

“There is no clear sense of what the current Government’s strategy towards China is, or what values and interests it is trying to uphold in the UK-China relationship”.


It is now absolutely necessary for us to have a clear long-term strategy on our relations with China—diplomatic, economic and cultural. I hope that the Minister will respond positively and say that this will now be the Government’s approach.

China

Lord Collins of Highbury Excerpts

Thursday 6th July 2023 Grand Committee

[Lord Collins of Highbury (Lab)]

My Lords, I too thank my noble friend Lady Hayter for securing today’s debate, which reflects huge cross-party consensus. I welcome all the contributions today. When Parliament speaks with one voice in condemnation of human rights abuses and the erosion of liberties, it is heard loudest in Beijing.

If I had had the opportunity to intervene in today’s topical Oral Question from the noble Lord, Lord Alton, I would have asked why the Government will not commit to publishing a stand-alone China strategy. As I have said before, instead of flip-flopping between tough talk and muddled actions, we need to develop a strategy in which we challenge, compete and, where we can, co-operate. The global threats that we face need that sort of co-operation, but we need those three “C”s. As my noble friend Lord Leong asked, does the Minister accept that the first step should be a complete and comprehensive audit of the UK-China relationship, not restricting ourselves to government but including the private sector and local government?

Since the Sino-British agreement, the critical liberties promised have not materialised. In fact, the passing of the national security law in 2020 saw a step-up in both Beijing’s direct interference in Hong Kong affairs and the curtailment of what little remained of the liberties that the people of Hong Kong enjoyed.

The national security law has another tool for internal repression in Hong Kong. It is being used to detain those perceived to be a danger to the authorities, including journalists, booksellers, businesspeople, pro-democracy youth activists and elected representatives, as we have heard. As my noble friend Lady Kennedy mentioned, the law has notably been used to charge Jimmy Lai—a British citizen and the founder of Apple Daily, one of the last mainstream, widely sold print newspapers in Hong Kong.

Against this dark backdrop, it is no surprise that hundreds of thousands of Hong Kongers have fled in recent years, and many now call the UK home. Certainly, the Opposition welcome the changes governing BNO passports, rightly opening up a pathway for citizenship for BNO passport holders and providing hope for a new life away from China’s erosion of Hong Kong’s way of life.

The bounties used by the Chinese Communist Party that we have heard about today highlight the significant concern in the community of Hong Kongers in the United Kingdom that they are still at risk of intimidation from the Chinese Government and the Chinese Communist Party. I am afraid to say that the Government’s response to this mounting fear has been lacking. I echo the concerns of the noble Lord, Lord Alton, and the noble Baroness, Lady Bennett: we need a clear, truly concerted cross-government approach to this growing threat to ensure that Hong Kongers and, indeed, other groups seeking refuge in the UK from the Chinese Government, are protected, whether they are working, studying or campaigning.

I echo and emphasise the points raised by my noble friend Lady Kennedy—in particular, what are we doing, working with our allies, to ensure that people in transit are not put under arrest or detention? We need to hear more from the Government on that. Also, as my noble friend said, we should not turn our backs on British citizens such as Jimmy Lai and give carte blanche for further breaches of international law. What recent discussions have the Government had with allies—specifically, the US, Canada and Australia—that also criticised the treatment of Hong Kong and the implementation of the NSL? I hope the Minister will update us about the level of consular access that Mr Lai is receiving.

We have also heard in the news that the Human Rights Council’s special rapporteurs recently raised concerns about the potential use of forced labour in Tibet. What assessment has the Minister made of human rights protections in Tibet? I hope he will be able to respond to that.

We will always be united in calling out the Chinese Government for their breach of the Sino-British agreement and the curtailment of liberty in Hong Kong, specifically since the NSL was passed. We should make it clear—I hope this debate does so—that the Chinese treatment of Hong Kong should not be cost free.

Iran

Lord Collins of Highbury Excerpts

Thursday 6th July 2023 Lords Chamber

[Lord Collins of Highbury (Lab)]

My Lords, I thank the Minister for repeating the Foreign Secretary’s Statement. The recent actions of the Government of Iran since the protests began are another signal that they are acting outside the rules-based order that the international system relies on. As I warned during previous debates in recent years, in response to the detention of prisoners, the attacks on merchant vessels and the flagrant human rights violations, we must show that these actions have consequences. However, we also have a responsibility to protect the United Kingdom and British nationals, and to respond to the continuing threats of violence by the Iranian regime. I therefore begin by asking the Minister to briefly comment on how the FCDO is working with the Home Office, and whether he has considered proposals for a state threats cell to co-ordinate the response. We have just been talking about the actions of the Chinese Government and the Chinese Communist Party, and it would be good to have a clearer response in relation to the Iranian regime.

Unfortunately, these threats are not confined to the United Kingdom; as the Minister points out, the threats we face are being replicated against nationals of our allies, in Europe and across the world. Having assumed the presidency of the UN Security Council, the UK is in a unique position to co-ordinate the response to the behaviour of this rogue Government, and I urge the Minister to see that as a responsibility, not just an opportunity. So although I welcome the commitment to work with the US, Australia, New Zealand, Canada and the EU, I begin by asking how the United Kingdom will broaden our response to include other international counterparts.

I turn to the Minister’s main announcement, the new sanctions regime. He will know that I have previously welcomed the designations of more than 350 individuals and organisations, and I very much welcome today’s announcement of the new designations, as well as the new regime. However, I hope the Minister can clarify just how it will operate.

First, will he comment on what form the legislation will take? Will we have primary or secondary legislation, and how quickly can we expect it to be implemented? I noted that he said it will be brought forward later in the year. Will it be in the current or the next Parliament? Speed is absolutely of the essence, because we are responding to events that happen very quickly. Secondly, given that the Minister refers to the new regime as autonomous, does he remain committed to the principle —I know that he does—that these sanctions are effective only if they are implemented in conjunction with the action of our allies? How can we ensure that this is embedded in the statutory framework and how will we ensure a co-ordinated response? Finally, I know the Minister agrees that this must be a constantly evolving document to respond to the nature of the threat, and I know he is committed to engaging with Parliament and civil society organisations to extend designations when possible. Sanctions are one of the most effective tools at our disposal but, where necessary, we must be prepared to pair them with other action.

The Minister specifically referred to the sanctioning of the Islamic Revolutionary Guard Corps. I turn to the issue—I know he will expect this question—of updating us on the proscription of the IRGC, as a terrorist organisation, and whether the Government are still working on a legislative solution to this. I heard the Foreign Secretary in the other place this afternoon suggest that we should not worry about proscription because many of the actions covered by such a measure are included in the sanctions regime. But if our allies are proscribing the IRGC, why are we not doing so? Why are we not working in concert? I know that there are similar actions, but I think it is important that we act in complete solidarity with our allies in addressing these concerns.

I end by returning to how the UK has a responsibility and an opportunity to take a leading role on Iran at the UN. While our first duty will always be our national security, we must also stand by the people of Iran who have faced a brutal crackdown since September. I repeat the call of my right honourable friend the shadow Foreign Secretary for the UK to ask the UN Human Rights Council to investigate urgently Iran’s crackdown on protesters. I ask the Minister also to update the House on the UK’s contribution at the UN in monitoring Iran’s nuclear programme and the implementation of UN Security Council Resolution 2231, in order to hold the Iranian regime to account.

[Baroness Northover (LD)]

My Lords, I too thank the Minister for repeating the Statement and, from these Benches, we welcome it; there is clearly cross-party agreement on this, as the noble Lord, Lord Collins, made clear.

As the Foreign Secretary said in the other place today, our quarrel is not with the Iranian people but with their present leadership and the revolutionary guard, which has carried out so many major human rights abuses. It is appalling to see the increased oppression that has occurred over recent times, especially of women. Those who are standing up for rights and freedoms in Iran are exceptionally brave, and many have suffered unbearable consequences. Clearly, the Iranian regime is, as we have heard, reaching out beyond its territories in the attempt to stifle dissent. It is chilling to hear that, since the start of 2022, there have been more than 15 credible threats to kill or kidnap British or UK-based individuals by the Iranian regime.

Iran is not the only regime to seek to do so, as we know, but I have a number of questions to raise. Can the Minister spell out the extent to which we are moving in lockstep with the EU and other partners? I would expect nothing less from him. The Minister always and rightly makes clear that sanctions are most effective when they are implemented jointly with others. Can he spell out more details, and are there areas of difference? The Government are putting in place a further sanctions regime and not proscribing the revolutionary guard, as the noble Lord, Lord Collins, has just pointed out. Is this because that could limit any engagement with it? We agree, after all, that it is the driving force in Iran, in particular in relation to the crackdown on human rights.

As the noble Lord, Lord Collins, did, I ask about the JCPOA. The UK and the EU rightly and hugely regretted the decision by President Trump to pull out of the JCPOA on the grounds that the good was not the best, opting as a result for the worst. What progress are we making to restore some effective control over Iran’s nuclear ambitions? Predictably, by pulling out, Iran took that as an opportunity to develop its programme further.

Like the noble Lord, Lord Collins, I would like to ask about others who are oppressed as a result of Iran’s actions, and I would like to ask about the dual nationals in particular. I expect the Minister will have heard Richard Ratcliffe, who battled so long and hard, and eventually successfully, for Nazanin’s release. Of course, many of us here raised her case. Richard has said that the Government have not put the cases of the dual nationals high enough in their list of priorities. It is therefore very concerning to hear the Foreign Secretary in the other place—and I also heard him this afternoon—say that his last contact in this regard with relevant Iranian Ministers or others was in 2021. That hardly shows that these cases are a high priority for the Government.

The Foreign Secretary did mention that the Minister has been in more recent contact, so could he please update us? And could he please update us particularly in relation to Morad Tahbaz, who it was assumed would be released much earlier with the other dual nationals and whose health is now very poor?

We know about the extreme pressure on the BBC’s Persian service, and the Statement mentions press freedom. What can the Minister tell us about how the BBC’s Persian service can best be supported and defended? It is not enough simply to urge the BBC to continue, which is what the Foreign Secretary seemed to indicate this afternoon. What assistance can the Government give?

The Minister will know that, in recent times, there was the surprising slight rapprochement between Iran and Saudi Arabia brought about by Chinese diplomatic intervention. The hope has been that this will help bring forward a reduction of conflict in, for example, Yemen. But what effect does the Minister see in terms of the position of the Iranian Government more generally as a result of this? In the Statement, the Government seem not to be optimistic, since the new sanctions will be addressing Iranian efforts to undermine peace, stability and security in the region and internationally. We know that Iran is supplying drones to Russia and possibly also to regimes in various African countries. Again, the new sanctions regime, generally speaking, addresses this.

We know of rumours of oil going out via various routes, despite sanctions. The Minister will be aware, I am sure, of Iranian actions that have interrupted commercial traffic, including tankers in the Gulf. What action are the Government taking with international partners on this? The United States has said that its navy intervened to prevent Iran seizing two commercial tankers in the Gulf of Oman on Wednesday. This matters, because about a fifth of the world’s supply of seaborne crude oil and oil products passes through the Strait of Hormuz.

The Minister will be acutely aware of the tinderbox that is this region and the actions of the various players within it. The Iranian people have shown great courage in seeking to stand up to the human rights abuses from which they are suffering. It had been hoped that the JCPOA would pave the way for better relations with Iran, for mutual benefit, yet even this is fast reaching a crisis point. At this key time, I look forward to the Minister’s response.

Violence in the West Bank

Lord Collins of Highbury Excerpts

Thursday 6th July 2023 Lords Chamber

[Lord Collins of Highbury (Lab)]

My Lords, we must all be concerned about the events in the camp in Jenin. Last Whitsun, I visited the West Bank, touring refugee camps and following a trail set by my noble friend—I mean, the noble Lord the Minister—who, I believe, did the same trip a couple of weeks before me. I witnessed at first hand the conditions in some of the camps and the closeness of the communities. I also witnessed settler violence against Palestinian villagers. The situation was pretty dire. I recognise that Israel has the right to defend itself against militant groups, but that right must be exercised proportionately and in line with international law.

In the other place, when this Question was considered, my honourable friend Wayne David asked a straightforward question for which he did not get an answer. I therefore repeat it this afternoon: what of substance are the Minister and the Government doing to bring this immediate conflict to an end and to lay the foundations of a two-state solution, which we all seek?

[The Minister of State, Foreign, Commonwealth and Development Office (Lord Ahmad of Wimbledon)]

My Lords, I thank the noble Lord. He almost called me his noble friend. Perhaps that is a reflection of the time we are spending together on various aspects of the House’s business today. I share his concern, and we have all been again shocked by the cycle of violence that continues to occur across the West Bank in particular but also in Gaza. I share the same sentiments and principles that the noble Lord has articulated in relation to Israel’s security concerns; however, as it seeks to address those particular concerns, it should do so by respecting and minimising civilian casualties, demonstrating restraint and adherence to principles of international humanitarian law, and ensuring that civilians are protected.

On the steps that the United Kingdom is taking, as the Minister responsible for the Middle East, I can assure the noble Lord that, first and foremost, we are engaging directly with both sides. Over the past 48 hours or so I have spoken to the Israeli representative to the United Kingdom at length and to the Israeli chargé d’affaires. My right honourable friend the Foreign Secretary has spoken to Foreign Minister Cohen of Israel as well as the Prime Minister of the Palestinian Authority, Mohammad Shtayyeh, again emphasising: first, the importance of de-escalation; secondly, the importance of ensuring a minimisation of any further violence that may take place; and, thirdly, the need to ensure, particularly on the Israeli side, now the Jenin operation has ended, that full access is given to allow full medical attention for those injured during the crisis. Tragically, people have died on both sides. There has also been a further attack in Tel Aviv with a car ramming. It shows the challenge that we all face regarding the ever-growing circle of violence. I agree with the noble Lord and assure him of my best offices in addressing the issue of the immediate cessation of violence. It should be the foundation for direct negotiations between Israel and the Palestinians.

Ukraine: Zaporizhzhia Nuclear Power Plant

Lord Collins of Highbury Excerpts

Thursday 6th July 2023 Lords Chamber

[Lord Ahmad of Wimbledon (Con)]

My Lords, first, as the right reverend Prelate may be aware, much of the site has been scaled down, in terms of its direct energy provision. There is currently only one operating generator on the site, and even that has been scaled down sufficiently and specifically for this purpose. Of course, the risk remains very high, but we have been assured by the IAEA that there is no immediate threat. I caveat that by saying that Director-General Grossi’s requirements and requests for full access to the site are important, and we are working through those with international partners, including countries with key influence over Russia, because that is vital in order to reassure people not only in Ukraine, but across the wider area and region.

[Lord Collins of Highbury (Lab)]

My Lords, I very much welcome the Minister’s response; obviously, it is key to get proper access for full inspections. The United Kingdom now assumes the presidency of the Security Council—I know the Minister will be going to New York shortly. What are the opportunities to raise this question directly with counterparts at the Security Council? This is a danger with no limitation in terms of country boundaries; it could spread throughout the world and cause untold damage. It is essential that we take action at the Security Council.

[Lord Ahmad of Wimbledon (Con)]

My Lords, I assure the noble Lord that we are doing just that. It will be of no surprise to your Lordships’ House that this is one of the key priorities, if not the number one priority, regarding Ukraine as a whole. My right honourable friend the Foreign Secretary has engaged quite directly; for example, he met Director-General Grossi during the Ukraine Recovery Conference to ensure that the exact requirements are fully understood. The noble Lord raises a valid point about our presidency of the UN Security Council and my right honourable friend the Foreign Secretary himself will be presiding over the session on Ukraine.

Unfettered access is key, particularly when we think about events that have damaging effects reaching far beyond the illegal war that Russia continues to wage. We have already seen, following the destruction of the dam, the damage caused by floating mines and the damage to agricultural land by pollutants. The effects of this war will be long lasting. I assure the noble Lord that we will engage on all these key elements during our presidency of the UN Security Council.

Zimbabwe

Lord Collins of Highbury Excerpts

Thursday 6th July 2023 Lords Chamber

[Lord Ahmad of Wimbledon (Con)]

My Lords, I also welcome the noble Baroness’s deep insights and expertise on Zimbabwe. I am aware of the case this morning—as I sat down, I got an update on the alleged attack on the lawyer. I am in the process of getting further information on that attack and will update the House and the noble Baroness accordingly. I agree with her that the actions we have seen from the President of Zimbabwe and his Government, particularly on areas of legislative change which they are also bringing into force, are of deep and alarming concern because they mean the suppression of civil society within Zimbabwe. As I said, these are key tenets of any democratic reform and an open and vibrant civil society is a key part of that. I assure noble Lords that we want to work very constructively on this agenda. There is a lot of expertise in your Lordships’ House and we want to leverage that to ensure that we can continue to make the case pertinently and forcefully and, one hopes, ensure progression on the ground.

[Lord Collins of Highbury (Lab)]

My Lords, on that final point, the Minister knows that I have stressed the importance of civil society. When states fail their citizens, it is civil society that stands up for human rights. I have urged the Minister to support civil society in the broadest terms, including trade unionists who have been under attack in Zimbabwe. What are the Government and the FCDO doing to contact global trade union institutions so that it is not just our voice but voices throughout the world that condemn this action and can promote a free and fair election? Will the Minister assure me that he will contact international trade union institutions?

International Anti-corruption Court

Lord Collins of Highbury Excerpts

Thursday 6th July 2023 Lords Chamber

[Lord Ahmad of Wimbledon (Con)]

My Lords, if I may be clear, the noble Baroness talks of the majority of the world’s population, but obviously the G7 does not include countries such as India. We remain focused on ensuring that we work with Governments to tackle issues of corruption. On the particular point that the noble Baroness raises, I too know of the vital work that institutions such as Transparency International, and the FCDO works very closely with them. Such bodies do inform our decisions but, as I said, we have considered this with other partners, including 40 other countries, and setting up a new international structure at this time is not something that has been supported. It needs that level of broad support. It does not mean it is totally off the table; it means that we continue to work in a co-ordinated fashion on some of the instruments that I have already highlighted. As I am sure the noble Baroness will accept, we are seeing real delivery and real results in terms of the seizure of assets and penalties imposed on those who commit these crimes.

[Lord Collins of Highbury (Lab)]

My Lords, I will pick up the point made by the noble Lord, Lord Kamall, on how we change world opinion on this subject. The president of ECOSOC recently said this accounts for 5% of global GDP—as my noble friend said—and that has a huge impact on sustainable development goals. We will not be achieving them because of this level of corruption. What assessment have the Government made of working within the UN to raise the profile of this issue? In particular, have they considered steps to promote a UN Convention against Corruption as a means of tackling this issue, so that we win world opinion?

[Lord Ahmad of Wimbledon (Con)]

My Lords, as I said in response to my noble friend, the UNCAC is one such instrument. In terms of its effectiveness, that is something that needs to be bolstered further; it needs to be adapted and reflective of some of the challenges that we are all aware of—the use of technology, for example, that feeds some of these crimes. I assure the noble Lord that we are working through all the existing structures. He is right: we need to ensure that those that have a transnational approach, particularly the UN structures, are further bolstered. There are, I think, further meetings planned for later this year. As the Minister responsible for this area in the FCDO, I am working not just with key partners within the Five Eyes, as I have illustrated, but also further afield, including in areas such as the Gulf.

Russia (Sanctions) (EU Exit) (Amendment) (No. 2) Regulations 2023

Lord Collins of Highbury Excerpts

Wednesday 5th July 2023 Grand Committee

[The Minister of State, Foreign, Commonwealth and Development Office (Lord Ahmad of Wimbledon) (Con)]

My Lords, these regulations amend the Russia (Sanctions) (EU Exit) Regulations 2019. This instrument was laid on 19 June 2023, under powers provided by the Sanctions and Anti-Money Laundering Act 2018. It contains measures that increase the pressure on Mr Putin as we continue to support Ukraine and its people in their resistance to this illegal war.

I start by addressing the first part of this legislation. This amendment will enable us to keep sanctions in place until Russia pays for the damage it has caused to Ukraine. I know that this been of great importance to noble Lords. In March this year, the World Bank estimated that the reconstruction of Ukraine will cost more than $400 billion, a figure that, sadly and tragically, rises daily. On 21 and 22 June, as noble Lords will be aware, the United Kingdom cohosted the Ukraine recovery conference here in London, galvanising international support—including, importantly, from the private sector. International commitments topped more than $60 billion towards Ukraine’s recovery and reconstruction by the end of the conference.

My right honourable friend the Prime Minister’s message at the conference was clear: Russia must pay for the destruction it has wreaked. That is why we are keeping up the economic pressure on Russia, with an unprecedented package of sanctions targeting over 1,600 individuals and entities since the start of the invasion. This includes dozens of banks with global assets worth £1 trillion and more than 130 oligarchs, freezing £18 billion- worth of assets and costing Russia £20 billion-worth in trade. We have maximised the impact of these measures by co-ordinating with key international partners. Together, we are constraining the funding of Mr Putin’s war machine, inflicting a huge economic cost and demonstrating our direct support for Ukraine.

Russia’s economy posted a deficit of nearly $50 billion in 2022, the second highest of the post-Soviet era, and with our partners we are choking off Mr Putin’s access to key technologies that he needs on the battlefield. We have not stopped there. This legislation marks further progress in our battle against Mr Putin’s unwarranted aggression and more. Building on the commitment by G7 leaders in May that sovereign assets will remain immobilised until Russia pays up, the statutory instrument that we are debating enables us to keep sanctions in place until Russia does just that. I am proud to say that the United Kingdom is the first member of the sanctions coalition to make that commitment real.

We will continue to demonstrate international leadership as we look to increase the pressure on Mr Putin and those who support him. As my right honourable friend the Foreign Secretary said, in light of recent events, it is clear that cracks are emerging in Russian support for the war. As internal criticism of Mr Putin’s war grows, we will introduce a new route for those under sanction to request that their frozen funds are used for Ukrainian reconstruction. Let me be clear: there is no negotiation, no quid pro quo, no relief from sanctions, no access for those individuals to their assets while they remain under sanctions. But if they wish to do the right thing and use their frozen funds to help right the wrongs caused by Mr Putin’s invasion, there will be an approved route to allow them to do just that.

We will also tighten the net on those hiding assets in the United Kingdom. We will require individuals and entities in the UK, or UK persons overseas designated under the Russia sanctions regime, to disclose assets they hold in this country. Failure to do so could result in financial penalties or the confiscation of assets. We will legislate to require those holding assets in the UK on behalf of the central bank of Russia, the Russian Ministry of Finance or the Russian National Wealth Fund, to disclose them to the Treasury. Our action will increase transparency on where these assets are held, and limit opportunities for sanctions evasion. I am sure that noble Lords listened carefully to the discussion in the other place on 27 June. We continue to welcome parliamentary interest and support on this important matter.

Many noble Lords will be aware of the active debate with our international partners on the use of sanctioned assets to support Ukraine’s recovery. No country—as yet—has found a solution, but we are confident that we will work forward together. In that confidence, we must ensure that any solution is legally sustainable. We are also working very closely with our allies on the handling of seized Russian assets and will continue to do so. If progress is made by our international partners, we will learn from that. Nothing is off the table, and a cross-government task force is carefully considering all proposals—including those our partners may bring forward. 

I now turn to the second part of this legislation. It amends the definition of non-government controlled Ukrainian territory—including Crimea and the non-government controlled areas of Donetsk and Luhansk Oblasts—to incorporate the non-government controlled areas of the Kherson and Zaporizhzhia Oblasts. This change reflects the dynamic situation on the ground and allows our sanctions to adjust to the developments as they unfold. Measures applying to non-government controlled Ukrainian territory in areas of finance, trade and shipping therefore now apply to all those areas not currently under the control of the Ukrainian Government. 

The United Kingdom is unwavering in its support for Ukraine’s independence, territorial integrity and sovereignty. These measures will restrict the ability of the so-called authorities in these regions to access UK goods and services, investment and finance. Exceptions are in place to cover the delivery of humanitarian assistance or the maintenance of medical facilities to ensure these sanctions are targeted to avoid affecting civilians. 

To conclude, these latest measures demonstrate our collective determination to target those who participate in, or facilitate, Mr Putin’s continuing illegal war on Ukraine. I assure noble Lords that we will continue to work in unison with Ukraine and our important international partners until Ukraine is restored and the region is secure. The United Kingdom Government will not stop the pressure on Mr Putin and his associates until they have withdrawn from Ukraine, and we welcome the clear and continued strong cross-party support for the actions we have taken. I beg to move.

[Lord Collins of Highbury (Lab)]

My Lords, I start by picking up the point that the Minister made at the end of his contribution, which is that the Opposition remain absolutely at one with the Government in supporting Ukraine and to ensure that there is a full withdrawal of Russia after its illegal invasion. I also welcome these new regulations, particularly as they are designed to ensure that Russia pays for its actions and that certain assets remain frozen so that it pays proper compensation, as the Minister said.

The noble Lord referred to the World Bank estimate of $411 billion as the cost of rebuilding Ukraine; of course, that figure is likely to increase. However, we know that some $300 billion in foreign exchange reserves held by the Russian central bank are currently frozen. The noble Lord knows I am going to ask this question because I have asked it before. At what point will we consider bringing forward legislation to repurpose those frozen assets, so that we can deliver on the commitments made at the excellent reconstruction conference and see that there will be progress in this regard?

I do not know whether the Minister is in a position to update the Committee on the implementation of the 2022 UN General Assembly resolution to establish an international mechanism for Ukraine’s reconstruction, but it would be good to have regular updates on that so that we can follow through on the commitments made at the reconstruction conference. That deals with the first part of the regulations.

--- Later in debate ---

[Lord Ahmad of Wimbledon (Con)]

My Lords, first, I again put on record our thanks to His Majesty’s Official Opposition for their strong support of the Government’s actions when it comes to sanctions on Russia and, indeed, those supporting Russia. I acknowledge many noble Lords, across all parts of your Lordships’ House, in this regard. We very much send a consistent message.

The noble Lord raised frozen assets. As I said, we are working closely with our key partners to look at the assets that are now frozen and what the legal and sustainable routes will be to ensure that no challenge is brought forward on the funds we hold. Those apply to UK funds—previously we have discussed Chelsea FC and its proceeds—and I assure him that much work is being done, particularly by our colleagues in His Majesty’s Treasury, to ensure that, first and foremost, structures are set up appropriately and that the measures we take are sustainable and withstand any legal challenge we may face.

In the same way, as we work very closely with our partners in the US, Canada and the EU, they are equally seized of this issue. If good practice prevails in one area, we will look to see how we can replicate that. Of course, as we find solutions, we will share them with our colleagues in the EU.

The noble Lord asked specific questions about settling our CB assets. We continue to explore lawful fund routes, as I have said, and we focused on this at the Ukrainian reconstruction conference. To add to what I have already said, I point out that beyond the EU—including our G7 partners—there is no legally tested solution yet, but I assure him that we will continue to provide updates as we make further progress in this regard.

The noble Lord asked the pertinent question of why we are doing this now and not before, particularly as these regions were annexed months ago. He will be aware of the sanctions we have introduced; his party has strongly supported them. Since the start of the invasion, the UK has sanctioned over 1,600 individuals and entities, including 29 banks, with global assets worth £960 billion; over 130 oligarchs, with a combined net worth of £145 billion; and over £20 billion-worth of UK-Russia trade. Together with our international partners, we have unleashed the largest and most severe package of sanctions ever imposed on a major economy. On his specific point, we are monitoring a very fluid area, particularly those regions which have been illegally annexed. We need to ensure that the actions that we are taking are co-ordinated and have the desired effect.

In terms of what I have announced about the governance of these new sanctions, we are certainly ahead of our partners. We are ensuring that they are replicated; I am sure that our partners are looking at how they can replicate some of the steps we have taken.

The noble Lord made an equally valid point about how quickly the sanctions can be lifted if these territories are liberated. We are watching a very fluid situation, but we will seek to minimise any kind of disruption as Ukrainian forces liberate regions of their own country which are illegally occupied. Tragically, we are a fair bit off that at the moment, particularly where the liberation of certain key regions is concerned, but I will update him in this respect.

Could I trouble the noble Lord to expand on the specific point he raised at the end and the figure he cited? I will seek to answer that now; if I cannot, I will write to him.

[Lord Collins of Highbury (Lab)]

I was just seeking an explanation in relation to the impact assessment estimating that these regulations will have a net cost to business of £24 million. Is this based on the assumption that UK businesses were continuing to be active and trading in these areas?

[Lord Ahmad of Wimbledon (Con)]

I thank the noble Lord for that clarification. Obviously there are assessments and forecasts made. I will take that back and write on those points.

As someone who many years ago worked with a chief economist, I think the other issue with forecasting is that you are looking at the situations as they stand. With the increasing levels of sanctions imposed, the increasing geographical implications and the increasing number of sectors and entities, there will of course be an increase in the overall cost to countries and businesses which were previously dealing with some of these entities or individuals. When I write to the noble Lord, it will be with a snapshot at a given moment in time, but I will certainly follow up on that.

In closing, I once again thank the noble Lord for his strong support and that of His Majesty’s Opposition. I know that he and his party are at one with the Government on this. Once again, this House has sent a consistent and unified message that we stand with the people of Ukraine. This can end now if Mr Putin withdraws, and we will repeat that message through every channel.

The noble Lord also asked about broader issues within the UN structure and the UN Security Council to see how we can take that forward. My right honourable friend the Foreign Secretary will travel to New York—it is currently the United Kingdom’s presidency—and he himself will chair the debate on Ukraine, which will include announcements about further developments and recovery.

International Atomic Energy Agency (Immunities and Privileges) (Amendment) Order 2023

Lord Collins of Highbury Excerpts

Wednesday 28th June 2023 Grand Committee

[Baroness Suttie (LD)]

My Lords, I thank the Minister for his brief but comprehensive introduction to these regulations. I apologise on behalf of my noble friend Lord Purvis of Tweed, who is currently in the Chamber dealing with other matters. We broadly support these measures.

My noble friend was quite keen to ask a question about paragraph 4 in the Explanatory Memorandum, about the situation vis-à-vis Scotland. It says there that a separate Scottish Order in Council would be prepared. Will the Minister say whether there is yet a timetable available for that, and have these proposals already been agreed by the Scottish Government? Otherwise, we welcome these regulations from these Benches.

[Lord Collins of Highbury (Lab)]

My Lords, I, too, thank the Minister for his introduction. I am extremely grateful for his very helpful letter of 12 June explaining why such agreements sometimes differ between different international organisations in how they are set out. I hope that a copy was placed in the Library of the House.

The noble Lord quite rightly pointed out that this instrument corrects discrepancies in a 1974 order which implemented a 1959 immunities agreement giving immunities and privileges across a range of events. I have one basic question: I looked in the Explanatory Memorandum to better understand why it has taken almost 50 years to realise the error. Could the Minister offer an explanation? It may be rather straightforward, but I could not see it in there. This struck me: if this error has been brought to the department’s attention, was anyone impacted by it, and do we need to address anything around detriment to an individual?

I was also grateful to the Minister for pointing out the importance of the 29th Fusion Energy Conference, which will be hosted by the IAEA in London in October, and the range of people who will be attending. Can he tell us a bit more about what the Government are doing to prepare and to offer support to ensure that the conference is successful? I look forward to the Minister’s response.

[Lord Goldsmith of Richmond Park (Con)]

I am grateful to noble Lords who have contributed to this discussion. In a sense, this legislation is part of our preparation for the event. It is a requirement for us in order to be able to meet our internationally agreed obligations. It is worth pointing out that the privileges and immunities granted to representatives of member states are a requirement of the UK hosting IAEA events. Ministers have looked at the requirement, and I believe a number of questions were raised in the other place about certain countries being involved. Ministers and officials have considered the requirement and any possible associated risk but, as host of the event, the UK has to honour the invitations to all 176 members. As a consequence, we expect a high attendance. We think there will be between 1,000 and 2,000 delegates, although clearly, we do not yet know how many there will be.

On the question about the devolved Administrations— I will come back to how the error was spotted—the 1974 order and the amending order extend to the whole of the UK, but there are some provisions that do not apply in Scotland. The opportunity has been taken to clarify which of the provisions in the 1974 order will apply to Scotland in so far as they are within the legislative competence of the Scottish Parliament. Article 2 inserts new Article 3A into the 1974 order, which clarifies that position. A separate Scottish Order in Council will therefore be prepared in respect of those amendments within the legislative competence of the Scottish Parliament. It will be laid before the Scottish Parliament soon.

The error was spotted only recently—I think because of the organisation in the run-up to the event that we have been discussing. I believe that it was the colleague sitting behind me who spotted the error. It was immediately agreed that the correction should be made to ensure that we comply with international law.

On the agency itself, the IAEA is a key partner for the UK for all the reasons that I described in my opening remarks. Its work to promote nuclear technologies and ensure that they are peaceful, safe and secure is key for countering proliferation, preventing accidents and facilitating the use of nuclear power for energy security and climate goals. I know the Committee has a keen interest in the UK’s relationship with the IAEA. As has been noted, passing this amendment will correct a historic error and ensure that we are able to meet our international obligations. It will enable us to successfully host the event that we have discussed in this exchange. That just leaves me to thank the Committee for its time and questions.

[Lord Collins of Highbury (Lab)]

Will the Minister answer my supplementary question about whether there has been any impact?

[Lord Goldsmith of Richmond Park (Con)]

My understanding is that there has been no impact. I looked over my shoulder to confirm that and I got a nod, so I believe that I am right in saying that there has been no impact. The provisions had previously been applied operationally, and meetings of the agency have been held in the UK without any incident. However, the judgment is that we cannot continue indefinitely to bear the risk of our domestic legislation being at odds with our international treaty obligations. There have been no incidents. With that, I trust that the Committee will support the order.