UK Aid to Afghanistan
Lord Collins of Highbury Excerpts(1 year, 4 months ago)
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Lord Goldsmith of Richmond Park (Con)
My Lords, we regularly press the Taliban on a wide range of human rights issues, including the rights of women and girls. Our view is that educated, empowered women are critical to economic development, peace and stability right across the country, and that without them the country will not achieve stability or prosperity. We continue to work with the international community, including the G7, the G20 and various UN bodies, to press the Taliban to reverse their decision and to try to understand the implications of the recent ban, particularly in relation to women and girls working in NGOs, to try to ascertain the best possible mechanisms we can use to support those NGOs to continue their work.
Lord Collins of Highbury (Lab)
My Lords, it is deeply concerning to read in ICAI’s report that £252 million of ODA money was spent supporting “torture and extrajudicial killings”. Given that there are claims that attempts to halt this were overruled at the highest levels of government, can the Minister confirm exactly who intervened and on what grounds, whether human rights abuses were raised and whether civil servants were overruled in this situation?
Lord Goldsmith of Richmond Park (Con)
My Lords, the second recommendation of the ICAI report relates to the point the noble Lord made. It was that UK aid should not be used to fund police or other security agencies to engage in paramilitary operations
“as this entails … risks of doing harm. Any support for civilian security agencies should focus on providing security and justice to the public.”
We accept that recommendation in full. It is worth again putting on the record that UK ODA funding in Afghanistan has never paid for paramilitary operations.
State Immunity Act 1978 (Remedial) Order 2022
Lord Collins of Highbury Excerpts(1 year, 4 months ago)
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Lord Collins of Highbury (Lab)
My Lords, I echo the noble Baroness’s comments. Obviously, state immunity is a principle of international law which I am sure that the whole Committee supports, but we do not believe that it should be unnecessarily extended. That is why we are here today considering this remedial order.
As the noble Baroness pointed out, it is nearly a year since Nigel Adams, the Minister for Asia at the time, announced this order being placed—and, of course, it is five years since the Supreme Court judgment. The delay has consequences, which clearly need to be addressed. I certainly echo the noble Baroness’s comments on the Joint Committee’s report, but I shall make a couple of points on that report that she did not address—it may be being dealt with elsewhere.
I refer to the recommendations on paragraphs 59 and 62 about consequential actions once the order has been addressed. I am particularly concerned, if guidance is to be issued, about whether that guidance is ready. I hope that it will not be delayed. Could the Minister also reassure me that appropriate consultation will take place or has taken place on any draft guidance for how we exercise sovereign authority in relation to employment contracts—and, as it says in paragraph 62, in relation to what amounts to being
“conduct in the exercise of sovereign authority”?
That is a really important element of consequences of this action.
I pick up the point that the Minister mentioned on the retrospective element of the order. What assessment has the department made of the number of potential cases that may emerge? It is not just a question of known cases. This is a window that could—be exploited is not the right word—give people the opportunity to raise cases that previously have not be raised. Can the Minister give us a proper assessment of that?
Finally, echoing the questions of the noble Baroness, Lady Northover, what assessment have we made of the decision of the European Court of Human Rights in relation to the two cases where, despite the Government saying that they acknowledged that there had been a breach of the articles, it was felt that the compensation was totally inadequate? Does that have implications? First, can we be given an assessment as to why that sort of compensation was deemed to be inadequate? Secondly, does that also have implications for the retrospective element of the order?
In conclusion, I repeat what the noble Baroness has said. We welcome this provision, which is overdue—but it is here, and we certainly support its implementation, as reflected in the Joint Committee’s report. We welcome it and hope that it will be implemented speedily. I hope that the Minister will be able to answer my specific questions about the consultation that will take place on any guidance that is issued.
Lord Goldsmith of Richmond Park (Con)
I thank noble Lords for their contributions and very much welcome their support for the remedial order. I shall address the questions raised by the noble Lord, Lord Collins, and the noble Baroness, Lady Northover, around the delay. We responded to the criticism in the committee’s first report by acknowledging that the delay was suboptimal. We have committed to work with the Ministry of Justice on procedures to mitigate the risk that this could happen again.
The judgment of incompatibility was delivered in 2017, as has been noted. While there is no set timeframe to address such incompatibilities, a delay of five years is clearly not ideal. However—I do not say this as an excuse, but it is certainly a factor—the preceding five years have been busy, with unprecedented pressures on parliamentary time, ministerial time and officials, not least of course as a consequence of the pandemic.
The committee’s second report picks up on this issue. Paragraph 48 notes that it is awaiting confirmation of the detail of those procedures. It further notes that they should be put in place for all government departments and that it is unclear how the Government’s intention for a Secretary of State to notify Parliament when an adverse judgment is received would address the committee’s concerns. The Government have existing procedures in place through which they engage regularly with the staff of the Joint Committee on Human Rights to discuss plans to respond to judgments identifying incompatibilities in legislation. We believe this engagement should be sufficient to allay the committee’s concerns.
The noble Baroness, Lady Northover, and the noble Lord, Lord Collins, raised potential guidance to employers and employees. As the Committee knows, the committee suggested that the Government consider issuing guidance for employers and employees on two areas: first, what amounts to entering into a contract in the exercise of sovereign authority; and, secondly, what amounts to state conduct in the exercise of sovereign authority for the purposes of the Act.
The Government have considered the committee’s comments and we understand the concerns raised that employers and employees should have greater certainty about what counts as sovereign authority in these areas. However, on balance, we do not consider it appropriate for the Government to issue guidance here, because it is ultimately for the courts to interpret these provisions based on the cases that come before them.
I note none the less that the Government broadly agree with the views set out by Lord Sumption in his judgment in the Benkharbouche case to the effect that, in general, purely domestic staff of a diplomatic or consular mission are unlikely to be employed based on contracts entered into as an exercise of sovereign authority and that dismissing an employee for reasons of state security would constitute state conduct in the exercise of sovereign authority.
The noble Lord, Lord Collins, asked how many cases the Government expect to see. I mentioned in my opening comments that there are 55 known cases, but we just do not know how many other cases there might be. I have asked my colleagues, but we do not have a number in the department; the unknowns are, I am afraid, unknown. However, as I said, there are 55 known cases and I think we can extrapolate from that.
I confirm that the order will apply from the date of the declaration of incompatibility, namely 18 October 2017. As I said, the Government are aware of approximately 55 other claims against diplomatic missions in London working their way through the courts. The order would allow those cases to be brought before the employment tribunal. Further delay in bringing the remedial order into force increases the risk of future claims against the FCDO succeeding.
I reiterate my thanks to those present for their support for this order and their insightful contributions—
Lord Collins of Highbury (Lab)
I hear what the department’s view is in relation to guidance but my question was not simply about whether guidance would be issued; it was about whether it was felt necessary by the department or appropriate departments to consult worker organisations or, for that matter, foreign embassies. Has there been any consultation on whether such guidance might be necessary?
Lord Goldsmith of Richmond Park (Con)
I note the noble Lord’s point. The Government’s view is that it is not necessary for the Government to produce that guidance. Therefore, I do not believe—I will need to check this afterwards—that there has been a consultation. Were guidance to be issued, then of course there would need to be a process, and that would include consultation. However, because of the position the Government have taken, I do not believe there has been such consultation. I hope that answers the noble Lord’s question. If I am wrong, I will get back to him in writing. In the meantime, I hope the Committee will support this order.
Iran: Women’s Rights
Lord Collins of Highbury Excerpts(1 year, 5 months ago)
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Lord Ahmad of Wimbledon (Con)
My Lords, my noble friend raises two very important points. Of course, we are looking to engage directly with communities and representatives here who represent Iranian interests, including NGOs. Again, as I said to the noble Lord, Lord Alton, I would welcome any recommendations on specifics that my noble friend has from her own insight and experience. Our focus at the FCDO has been on international action. I was myself at the UN—I returned on Friday—specifically in relation to the work that we were doing on the CSW. It was very clear there that there was no support for Iran from the majority of countries; there were abstentions and only a handful of countries voted to keep Iran on. On the second point, we have always been a country that has provided safe refuge and sanctuary for those fleeing persecution. Again, safe routes and safe passages for such sanctuary is clearly the Government’s intent.
Lord Collins of Highbury (Lab)
My Lords, I very much welcome the Government’s efforts at the United Nations, particularly at ECOSOC and its Commission on the Status of Women. I know that we are working with allies and amplifying the voices of international communities, but one thing that I have raised with the Minister before is the important question of how we are supporting those voices of civil society—particularly faith groups—who can condemn this action, so that it is not just simply seen as a western response but a community response to defend women’s rights?
Lord Ahmad of Wimbledon (Con)
I totally agree with the noble Lord and I assure him that we are talking directly both with individuals and with organisations. Indeed, I have asked to meet with senior leaders of different faith groups here, particularly those who have representation in Iran. It is important that the Iranian Government understand very clearly that none of the approaches that they have adopted currently—whether on the JCPOA, their support for drones in Ukraine or the continued suppression of their own citizens—opens up any avenue for effective and constructive discussion. I continue to engage with different groups and I think that faith groups, particularly those which look towards or operate in Iran, have an important role to play.
Chinese Consul General: Attack on Protesters in Manchester
Lord Collins of Highbury Excerpts(1 year, 5 months ago)
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Lord Collins of Highbury (Lab)
My Lords, the Answer reminds us of the Vienna Convention on Consular Relations, which allows states to withdraw members of a consular post at any point. Anne-Marie Trevelyan said that we were asking the Chinese either to waive immunity or to do that. Their withdrawal is a clear admission of guilt. To avoid those individuals being able to repeat such attacks on peaceful demonstrators in this country, MPs including the chair of the Foreign Affairs Committee asked the Government to say retrospectively that the diplomats concerned are personae non gratae.
The Minister in the other place seemed unwilling to respond directly to that question, so I hope the Minister here can give us a direct answer today. Can he also advise the House whether Ministers have directly engaged with their international counterparts to prevent similar incidents happening elsewhere?
Iran: Execution of Protesters
Lord Collins of Highbury Excerpts(1 year, 5 months ago)
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Lord Goldsmith of Richmond Park (Con)
My noble friend makes an important point. In the sewer that is Twitter, the one shining light is its ability to transmit and convey images of the really staggering bravery on the part of these protesters. Without social media, it is very hard to see how the world would be as awake to what is happening in Iran as it is. Whenever I find myself feeling gloomy about the filth on that social media site, I remind myself that it does have an incredible role to play. These protests are a pivotal moment for Iran. The Iranian people have made it clear that they will no longer tolerate violence and oppression. The UK stands with ordinary Iranians who are bravely risking their lives to demand a better future. This is an authentic grass-roots call for change; the regime has to stop threatening the lives of ordinary people in Iran and elsewhere, including the UK.
Lord Collins of Highbury (Lab)
My Lords, first, on Friday, did the Foreign Secretary raise with the Iranian chargé d’affaires the question of threats to UK nationals and people working in the free press in this country? I asked the Minister about that last week. Secondly, what does the Minister think of the Foreign Secretary’s speech today, in which he said that it is not about
“dictating or telling others what they should do: we want to balance a mutually beneficial relationship”?
Is this not sending mixed messages? Is it putting things like trade above human rights?
Lord Goldsmith of Richmond Park (Con)
Absolutely not. The UK’s position on Iran has been rock solid for a very considerable time, and there is no question of the UK in any way softening its approach to the behaviour of the Iranian regime. The issue of Iran’s extranational activities, particularly in relation to British nationals in the UK, was of course raised. I discovered today that the noble Lord, Lord Alton, has been sanctioned; I am not sure there is any country that has not sanctioned him. I have to say, first, that this is a tribute to his own relentless campaigning on human rights issues in Iran and elsewhere, and, secondly, that I suspect the rest of the House, like him, will treat such a move with the contempt it deserves.
Protection of Media Freedom
Lord Collins of Highbury Excerpts(1 year, 5 months ago)
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Lord Goldsmith of Richmond Park (Con)
My Lords, reports of the arbitrary arrest, detention and harassment, mainly of Iranian journalists and media workers and their families, are a huge concern to the UK. The harassment of journalists has also been directed at those covering the Islamic Republic of Iran from abroad. Of course, we condemn the judicial persecution of family members of employees and ex-employees of BBC Persian and the many individuals who have had their assets frozen and have been banned from leaving the country, in breach of Iran’s ICCPR obligations. In November this year the Foreign Secretary summoned the Iranian representative and made it clear that we do not tolerate threats to life and intimidation of any kind towards journalists or any individual living here in the UK.
Lord Collins of Highbury (Lab)
My Lords, this is a shocking revelation: that journalists who are reporting here about events in Iran are now suffering harassment—detailed harassment. What are the Government doing to ensure that the Home Office and the Foreign Office work in concert to ensure that these sorts of events do not happen? It is bad enough having to defend journalists in totalitarian regimes, but it is outrageous that journalists in this country reporting on events in Iran are suffering such harassment. We have to put an end to this.
Lord Goldsmith of Richmond Park (Con)
The noble Lord is exactly right and what he says entirely echoes the view of the UK Government. It is outrageous that anyone, particularly journalists reporting on a foreign country, should be subjected to any kind of intimidation—here in the UK or indeed anywhere. There is continuous communication and co-operation between the Foreign Office and the Home Office, as noble Lords would expect, on this and many other issues. Any steps taken by the Foreign Secretary have been taken in line with the Home Office.
Democratic Republic of the Congo: Conflict
Lord Collins of Highbury Excerpts(1 year, 5 months ago)
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Lord Goldsmith of Richmond Park (Con)
My Lords, we have raised our concerns about the increase in violence at the highest levels with the DRC and Rwanda. That includes messages sent by our Foreign Minister to the President of the DRC and the Rwandan Foreign Minister in November. There has been a joint Great Lakes special envoy statement from the UK, the US, France and Belgium on 18 November and a UN Security Council press statement on 22 November. Various Ministers in the Foreign Office raise the issue regularly with both Rwanda and the DRC. Like the noble Lord, we are extremely concerned by the actions of neighbouring countries in relation to the eastern DRC.
Lord Collins of Highbury (Lab)
My Lords, the noble Lord, Lord Alton, is absolutely right to focus on labour standards. I hear what the Minister says about having chats with City people, but the ILO has minimum standards which this Government could ensure apply to other Governments and the multinationals to which the noble Baroness referred. For example, what are we doing to ensure that the ILO Safety and Health in Mines Convention, first adopted in 1995, is applied much more widely? Today, 27 years later, only 34 countries apply it. Supporting the ILO is something this Government could do.
Lord Goldsmith of Richmond Park (Con)
My Lords, we will certainly not just conduct chats within the City. The reality is that there is an enormous amount of muscle there; if some of our companies are engaging in activity which is exacerbating the problem, it is right that we should talk to them and address those issues, as the noble Baroness pointed out. The UK is working with international partners across the world to address illicit mining, including through the Extractive Industries Transparency Initiative, which contributed to the establishment of transparency provisions in the 2018 mining code. We have launched our first critical minerals strategy, which aims to improve the security of supply of critical minerals. That matters because China so dominates that sector at the moment. Through it, we are also using our ODA to help countries develop critical mineral resources in a market-led, transparent way which respects human rights and broader environmental goals.
Nigeria
Lord Collins of Highbury Excerpts(1 year, 5 months ago)
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Lord Goldsmith of Richmond Park (Con)
The noble Baroness is absolutely right: it is a grim picture, with atrocities being committed far too regularly. Of course, we continue to encourage the Nigerian Government to take urgent action to protect people at risk, bring perpetrators to justice and implement long-term solutions that address the causes of violence. Most recently, the British high commissioner for Nigeria raised our concerns about violence with all the main presidential candidates ahead of the 2023 elections. Our high commissioner works very closely with state governors, local community faith leaders, NGOs and so on to address these issues, including through our work with the Nigeria Governors’ Forum. In January, the Minister for Africa raised our concerns with Nigeria’s Vice-President during his visit here. She also raised the various security challenges that Nigeria is facing with Nigeria’s National Security Adviser, General Monguno, at our security and defence partnership meeting in February. The former Prime Minister also raised the issue during his meeting with President Buhari at CHOGM in June.
Lord Collins of Highbury (Lab)
My Lords, the Minister has mentioned the security and defence partnership twice. Bearing in mind that this has resulted in police advisers being deployed to Nigeria from the UK, as well as wider support for community policing, has the FCDO assessed how that is working? Has it made any commitment to it continuing?
Lord Goldsmith of Richmond Park (Con)
My Lords, we refreshed our security and defence partnership with Nigeria in February this year. We committed to work together to respond to shared threats such as serious and organised crime and terrorism, and to support Nigeria to tackle its domestic security challenges. Our support is very wide-ranging, a reflection of improvements we brought to the partnership. It includes training, mentoring and advice on tackling serious and organised crime, countering terrorism, reforming and strengthening civil policing, improving capacity to prevent and respond to kidnappings, which are an increasing occurrence, and complying with international human rights law.
Ethiopia: Peace Process
Lord Collins of Highbury Excerpts(1 year, 5 months ago)
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Lord Ahmad of Wimbledon (Con)
My Lords, we helped to negotiate and regain access to humanitarian corridors to various parts of the region, including parts of Tigray. However, the noble Baroness is correct: not all areas are accessible, even by UN agencies. We have been successful, and the United Kingdom has played a key part in providing humanitarian support, including specific support for those who have been impacted by gender-based violence, for those requiring specific nutrition and health support, and for water and sanitation. We are a key part of that effort, together with the United Nations.
Lord Collins of Highbury (Lab)
My Lords, may I just probe a little more the issue raised by the noble Baroness, Lady Northover? At the conference, on which I congratulate the Minister, it was made clear that preventing sexual violence requires people knowing that they cannot act with impunity. That means making sure that we have the means to hold them properly to account. Gathering the evidence is one thing, but what are we doing to support the Ethiopian authorities to ensure that those people are held to account on all sides for the crimes they have committed? Are we giving them practical support?
Lord Ahmad of Wimbledon (Con)
Yes, we are. However, I do not want to deny for a moment that the challenges are immense. We have just seen a very fragile peace agreement being reached; we need to ensure that it is sustained and strengthened, and that those who committed these crimes are held fully to account. As the noble Lord will know, we made an additional commitment of £12.5 million; part of that money will be allocated to national mechanisms in conflict-related areas, where we can help to build national accountability mechanisms and support the training of judges and prosecutors.
Sri Lanka: Truth Commission
Lord Collins of Highbury Excerpts(1 year, 5 months ago)
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Lord Ahmad of Wimbledon (Con)
My Lords, in part I have already addressed that issue, but I agree with the noble Viscount that the economic prosperity of a country is an enabler to allow that country to move forward. At the same time, we remain very focused on ensuring that the important elements of reconciliation and justice also prevail.
Lord Collins of Highbury (Lab)
My Lords, earlier this year the Minister assured the House that we were responding to the humanitarian crisis that occurred. I welcomed the Government’s efforts, but in November the UN team in Sri Lanka revised and extended its humanitarian needs and priorities plan, which included a call for additional funding to address nutrition and provide clean drinking water. Can the Minister tell us what steps we are taking to support that plan, including ensuring that other allies do likewise?
Lord Ahmad of Wimbledon (Con)
My Lords, the noble Lord is right, and we have of course worked very closely on the humanitarian situation. In advance of the Summer Recess, I met his colleague, the honourable Catherine West, who is the Shadow Minister for Asia, to share with her the details of our humanitarian support—£3 million was specifically allocated. The noble Lord rightly raises the UN assessments and, as he will know, we are working very closely with UN agencies, not just OCHA but others, to ensure that issues of nutrition and medical support are addressed, particularly with other key agencies, such as UNICEF, with a focus on women and children.