Execution of Alireza Akbari

Lord Collins of Highbury Excerpts

Wednesday 18th January 2023 Lords Chamber

[Lord Collins of Highbury (Lab)]

My Lords, the execution of Alireza Akbari is a barbaric act of politically motivated murder at the hands of the Iranian regime. I am sure the whole House will express condolences and solidarity with his family at this time. Mr Akbari’s execution is a direct message to the British Government. Such executions are, in the words of Volker Türk, the UN High Commissioner for Human Rights, state-sanctioned killings.

I am sure the Minister knows that he and the Government will have the support of all sides of the House and from all parties to proscribe the Islamic Revolutionary Guard Corps. Does he agree with the Independent Reviewer of Terrorism Legislation, Jonathan Hall, that the National Security Bill could contain a power to proscribe state bodies on the basis of their hostile activity? If so, could this be an opportunity to proscribe the IRGC?

The IRGC’s brutal actions are designed to silence the protests of the Iranian people by striking fear into their hearts both inside and outside Iran. James Cleverly said on Monday that the United Kingdom will continue to work on a cross-department basis and internationally on the most effective ways of curtailing Iran’s malign activity—within Iran, in the region and globally—and to hold it to account for its brutality and atrocities.

I have raised before the plight of the BBC Persian service staff. Can the Minister reassure the House that the FCDO is working closely with the Home Office and the BBC on measures to protect them and their families?

During the Commons exchange on this Statement, the chair of the Foreign Affairs Select Committee asked about the existence of the IRGC’s operating centres within the United Kingdom. What assessment have the Government made of those reports? On curtailing the regime’s malign activities, can the Minister tell us what recent discussions have been held with the United States and the EU to achieve the objectives of James Cleverly without isolating the more moderate voices within Iran?

[Lord Purvis of Tweed (LD)]

My Lords, I share the sympathies the noble Lord extended to the family of Alireza Akbari. As the Statement from the Foreign Secretary indicated, the family welcomed the support from the Foreign Office. I also welcome the Foreign Secretary’s response: there should be no impunity for those who have been responsible for both human rights abuses within Iran and the mistreatment of British dual nationals.

Can the Minister state how many dual nationals there are in Iran? Can we guarantee consular access for them? Are there routes for their safe exit from Iran if they need to leave, as well as for those who are vulnerable to the human rights abuses of the regime? On a number of occasions, I have asked for preparations to be made for such safe and legal routes, primarily for vulnerable women who have been persecuted and oppressed by the Iranian regime to an alarming degree.

A Norwegian NGO has suggested that 481 people have been killed by the Iranian regime directly, including 64 children and 35 women. Will the Government work hand in hand with our EU and other allies to ensure that new suites of sanctions—both targeted and general —on the regime are fully co-ordinated so that there are no gaps in their operation?

I have also raised concerns that while we have seen some progress in the commissioning and establishment of an inquiry to investigate the abuses of the Iranian regime, unfortunately, some of our Gulf allies did not support that route. What work are the Government doing with our friends and allies in the Gulf to ensure that even if the UK, the US and the EU have a joint position, it is not undermined by them?

Can the Minister clarify the position of the Government on the proscription of the IRGC? There is absolute merit in its proscription. However, unlike with non-governmental organisations, the proscription of a government organisation will inevitably bring about other consequences, especially if there are repercussions on dual nationals, or indeed on UK interests. Of course, there would be an impact on UK relations with Iraq and neighbouring countries which have predominantly Shia populations and which the IRGC is operating within.

Greater information is usually provided on proscriptions; if we do see the proscription, I hope we can have a full debate in the Chamber on not just the statutory instrument but the UK’s relations with Iran, which are fundamental, given the gross abuses of human rights of that regime.

Nagorno-Karabakh

Lord Collins of Highbury Excerpts

Tuesday 17th January 2023 Lords Chamber

[Lord Collins of Highbury (Lab)]

My Lords, can I push the Minister a bit more on Russian involvement, particularly on its so-called peacekeeping role? He mentioned the fact that he is making clear the cost of alliances with Russia. Can he tell us a bit more about how we are working with our allies to expose its role, particularly with regard to the corridor that we have been discussing?

[Lord Ahmad of Wimbledon (Con)]

My Lords, Russia is doing a pretty good job of exposing its lack of activity to bring the two sides together. What is demonstrably clear to all partners, as well as to others who have aligned themselves with Russia within the European or the global context, is that Russia is not a reliable partner. It is not seeking peace; it was there to provide stability and security but its action in Ukraine has demonstrably shown what its intention is. However, we believe that there is a solution to be found. There are existing structures such as the OSCE and the UN and with our partners in the EU so that we can collaborate and work together to ensure, first and foremost, as we heard from the noble Baroness, Lady Cox, and the noble Lord, Lord Alton, that humanitarian access is increased, as it needs to be—and that we find a long-standing solution to this conflict, which has gone on for far too long.

United Nations Security Council

Lord Collins of Highbury Excerpts

Tuesday 17th January 2023 Lords Chamber

[Lord Ahmad of Wimbledon (Con)]

My Lords, first, I commend the noble Baroness on her long-standing campaigning in this regard. I assure her that we continue to campaign on the very basis that she has illustrated. It is important that, as we stand up for media freedom, we also recognise the important role that translators and interpreters play.

[Lord Collins of Highbury (Lab)]

My Lords, the penholder system of the Security Council gives the UK and other permanent members quite significant responsibilities to draft outcomes of documents. Does the Minister agree that it is important to involve non- permanent members in this process? If so, will the Government support extending the principle of co-penholders, or deputy pen-holders, so that we engage others within the work of the Security Council? I commend the Minister on how we focused on the General Assembly and achieved far more than simply worrying about Security Council reform.

[Lord Ahmad of Wimbledon (Con)]

My Lords, the noble Lord is right: when we want to see the global community moving together, it is not the view of five countries that should prevail but those of the wider membership of the Security Council. That is why we work very closely together. For example, I host an annual meeting of outgoing and new members of the Security Council to establish their priorities, the current penholding situation and our current priorities, so that we can share objectives and ensure buy-in and support for their objectives as well as our own. We will continue to work in that co-operative way, strengthening further the work of the General Assembly.

Commonwealth: Zimbabwe

Lord Collins of Highbury Excerpts

Thursday 12th January 2023 Grand Committee

[Lord Collins of Highbury (Lab)]

My Lords, I apologise for the delay in starting; the previous debate overran. I, too, thank the noble Lord, Lord Oates, for initiating this debate and for his continued, powerful advocacy for a democratic Zimbabwe. It is for the people of Zimbabwe to determine their own future but continued violations of human rights, including impediments to free and fair elections, remain a significant barrier to their ability to determine that for themselves.

Unfortunately, state interference in elections, as well as broader violations of human rights, remain a significant barrier. The March elections last year were clearly neither free nor fair and formed part of a much wider undermining of democracy in recent years. In addition, civil society, including trade unions, is still routinely repressed and political arrests are still frequently reported.

We have heard the Private Voluntary Organisations Amendment Bill mentioned in this debate. I have raised it in previous debates and Oral Questions, and the Minister has responded. That Bill has now passed in the lower House. If it becomes law, it threatens to crack down on civil society in general and organisations that both expose human rights violations and hold the Government accountable.

When I last raised this in an Oral Question, the Minister expressed concern about its impact, acknowledging the risk to the delivery of development and humanitarian assistance. Of course, with the elections due in 2023, the Bill could be used to restrict the ability of civil society to operate, in a way that would be out of line with the Zimbabwe Government’s commitment to reform.

The Minister has said in previous debates that the Government continue to engage very widely, not only with civil society in Zimbabwe and through our overseas development assistance but also with neighbouring countries, including South Africa. Can he tell us what recent engagement has taken place with Zimbabwean civil society, including trade unions? I also stress the importance of talking to global trade union federations, which frequently offer support and assistance to Zimbabwe within the country. The UK Government have been right to implement asset freezes, arms embargos and travel bans on the Government; for the period that these remain necessary, it would be wrong to support readmission to the Commonwealth.

The Minister has said before that President Mnangagwa desires more engagement with the UK and that, in many respects, he shares that aspiration. However, he acknowledged that deeper re-engagement with the UK will require meaningful political and economic reform and respect for human rights and the rule of law, in line with the President’s own stated commitments when he took office. So, what is the latest assessment by the Minister and the FCDO of progress made? We have heard in this debate that it appears to be very little. Can the Minister update us on the implementation of these sanctions and any assessment of their effectiveness?

Finally, as noble Lords have mentioned, admission to the Commonwealth is a decision for all members, not just the UK, so it is important to hear from the Minister what discussions, if any, have been taking place with other national Governments in the Commonwealth on the question of Zimbabwe’s readmission.

UK Aid to Afghanistan

Lord Collins of Highbury Excerpts

Wednesday 11th January 2023 Lords Chamber

[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

Monday 9th January 2023 Grand Committee

I am sure that the last thing his colleague, the noble Lord, Lord Ahmad—I believe that he is in the Chamber at the moment—would want as Human Rights Minister is for those employed in the United Kingdom by embassies to have their rights abused, and it seemed that a number of cases are currently under consideration. The delay in this order has obviously damaged the position that some of these people would have been in or are in. Can he tell us how many cases are currently under consideration, and the main embassies that these relate to? It will be in the public domain. I look forward to the Minister’s response.

[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

Wednesday 21st December 2022 Lords Chamber

[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

Tuesday 20th December 2022 Lords Chamber

[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

Monday 12th December 2022 Lords Chamber

[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.

Democratic Republic of the Congo: Conflict

Lord Collins of Highbury Excerpts

Thursday 8th December 2022 Lords Chamber

[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.