Myanmar: Health Workers

Lord Goldsmith of Richmond Park Excerpts

Tuesday 7th March 2023 Lords Chamber

[Lord Crisp (CB)]

I beg leave to ask the Question standing in my name on the Order Paper and, in doing so, I declare an interest as patron of THET, the Tropical Health and Education Trust.

[The Minister of State, Foreign, Commonwealth and Development Office (Lord Goldsmith of Richmond Park) (Con)]

My Lords, Myanmar’s public healthcare system has been in crisis since the coup. We are concerned about Myanmar’s level of basic healthcare services and childhood immunisation rates. The UK is a leading donor on supporting healthcare needs in that country. This financial year, the UK has provided £13.95 million for healthcare in Myanmar, which is being delivered by the UN, by civil society and by ethnic healthcare organisations. This support is saving the lives of vulnerable women and children.

[Lord Crisp (CB)]

I thank the Minister for that response. I agree that the situation in Myanmar two years after the coup is truly appalling. I pay tribute to the UK Government’s efforts, including their efforts at the Security Council to keep up pressure on the country. There are many courageous health workers in the parts of the country that are not controlled by the military who are providing health services where and how they can from makeshift facilities, and they are being targeted by the military as a result. They are being excellently supported by UK and UK-based Burmese clinicians with education, training, advice, some supplies and more, largely over the internet. However, this is problematic because it is very largely controlled by the Government.

I have two immediate questions. I understand that Professor Zaw Wai Soe, the Health Minister of the National Unity Government, has asked the noble Lord, Lord Ahmad, if the UK can help by providing access to satellites. Can the Minister tell the House what progress is being made with this and when a response can be expected? Would he be willing to meet representatives of the UK and the UK-based Burmese clinicians in this country to discuss the situation, and what further practical action can be taken?

[Lord Goldsmith of Richmond Park (Con)]

My Lords, for obvious reasons, humanitarian access is extremely challenging, with many areas cut off completely to the UN and international NGOs. That is why our approach has been targeted at using and working with domestic organisations of the sort that the noble Lord has cited. The problem with that, as he knows, is that healthcare workers affiliated in any way with the civil disobedience movement are targeted. According to the World Health Organization, at least 51 healthcare workers have been killed and 352 attacked since the coup, and the Tropical Health and Education Trust, which the noble Lord is part of, reports that 624 healthcare workers remain in arbitrary detention. I am afraid I do not know the answer about progress on satellites, but I will ask my noble friend Lord Ahmad, in whose portfolio this sits, and if he is not able to meet representatives then I will certainly happily do so.

[Lord Collins of Highbury (Lab)]

My Lords, since Security Council Resolution 2669, we have seen 2 million children in need of a targeted immunisation catch-up programme and 3,000 people having died at the hands of the military coup. Does the Minister agree with the UN High Commissioner for Human Rights, Volker Türk, that the crisis will not end until those responsible are held to account? Will the Minister ensure that we pursue that strongly at the United Nations?

[Lord Goldsmith of Richmond Park (Con)]

I absolutely agree with the noble Lord and with the UN. He will know that in December last year the UN Security Council passed the first ever resolution on the situation in Myanmar, and that was led by the UK. The resolution demands an end to violence and urges immediate action by the military regime to fully implement the ASEAN five-point consensus and release everyone who has been arbitrarily detained. However, we are not going to see change until we see change at the very top. The noble Lord is right to make that point, and it is of course a priority for the UK.

[Lord Alton of Liverpool (CB)]

My Lords, I declare my interests as vice-chair of the all-party parliamentary groups on Burma and the Rohingya. I want to take the Minister back to what he has just said about levels of access and the request from my noble friend Lord Crisp about meeting some of those who are involved in these issues, specifically in this case Burma Campaign UK, in order to address their concerns about the level of reporting that is required for the receipt of international humanitarian aid, which they say is wholly unrealistic and simply not feasible in a conflict zone. They say that people are dying because of the red tape. Can we look again at how to utilise local civil society organisations, as referred to by the Minister a moment ago, which are indeed best placed to get aid to those who need it? They say that, among Burma’s ethnic minorities and the 2 million displaced since the military coup, a humanitarian catastrophe is unfolding.

[Lord Goldsmith of Richmond Park (Con)]

My Lords, it is without doubt a humanitarian catastrophe. Myanmar is the Indo-Pacific’s most desperate humanitarian crisis. Some 17.6 million people are in need of humanitarian assistance and over 1.6 million have been displaced, including over 500,000 children. Some 15 million people are considered moderately or severely food insecure, and 7.8 million children remain out of school. So the noble Lord is right. The difficulty, as I mentioned earlier, is access. When dealing with a regime of the sort that runs that country, access to the grass roots is very difficult. So we have a twin approach: first, we work through channels such as the UN and ASEAN to push for greater humanitarian access and, secondly, we increasingly support local civil society networks with access to vulnerable communities to be the first responders to the crisis. That has ensured that UK aid is reaching the most remote and hard-to-reach areas, but it is difficult.

[The Lord Bishop of London]

My Lords—

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[The Lord Bishop of London]

My Lords, the Burmese diaspora are working closely with NHS colleagues in delivering clinical education and training. Their time and expertise are gifted free of charge and supported by modest FCDO funds, which allow organisations such as the Tropical Health and Education Trust to organise and structure this support in a professional way. Could the Minister comment on whether he sees any scope for increasing those funds for UK health communities in their response to Myanmar?

[Lord Goldsmith of Richmond Park (Con)]

I will reiterate the point I made. We applaud the Myanmar health professionals who are risking their lives to continue treating patients. We commend the NHS volunteers who are sharing their skills and knowledge with colleagues and friends in Myanmar, taking huge risks in doing so. I absolutely pay tribute to them. Since the coup, we have provided around £100 million to support those in need of humanitarian assistance, to deliver healthcare and education for the most vulnerable and to protect civic space. In 2021-22, we provided nearly £50 million in aid to Myanmar, including £24 million of life-saving assistance for 600,000 people. I am not in a position to comment on future expenditure, but I think it is very clear from our recent track record that this remains a priority focus for the FCDO.

[Lord Purvis of Tweed (LD)]

My Lords, as I started to say earlier, the attack on health workers and health support workers is deeply reprehensible and I support the Government’s actions, including the sanctions. The operation of a parallel health system by health workers to provide much-needed support for children could be a model in other countries, such as Syria and Afghanistan, where we do not recognise the regimes. When the Minister is considering the right reverend Prelate’s question regarding UK government support, can that support include those seeking to offer vital health support in Syria and Afghanistan, where we do not recognise the regime?

[Lord Goldsmith of Richmond Park (Con)]

The noble Lord makes an important point, and I will make sure that that suggestion is conveyed to relevant Ministers and officials. I will add that, according to the World Health Organization, one-third of all attacks on health workers around the world have occurred in Myanmar. This is a real problem. I think the approach adopted in that country by the international community has worked and, like the noble Lord, I do not see any reason why it would not in other areas where we do not recognise the regime.

[Baroness Nye (Lab)]

My Lords—

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[Baroness Nye (Lab)]

My Lords, I declare an interest as a trustee of Burma Campaign UK. The Minister will know that, since the coup in 2021, the military has brutally suppressed its critics and unlawfully attacked civilians on the ground and from the air, including many health workers working in the ethnic areas. While the UK and EU-imposed sanctions on aviation fuel are welcome, will the Minister give assurances that he will keep those sanctions under urgent review as companies change names to avoid sanctions, and look into whether British companies are involved in the provision of third-party services to vessels involved in the shipment of aviation fuel to Myanmar, such as insurance, shipping or financial services? Stopping the military’s relentless bombing campaign on innocent civilians will help those providing humanitarian aid.

[Lord Goldsmith of Richmond Park (Con)]

The Government always keep their sanctions policy under review. We are considering a range of further targets and other measures to hold the suppressive, brutal regime to account. It is vital that any sanctions imposed have the desired effect of denying the regime credibility and reducing its access to finance, arms and equipment. Part of that is to tackle the problem identified by the noble Baroness—the use of aviation fuel to facilitate bombing campaigns. That is a focus of the FCDO when it comes to looking at the appropriate sanctions.

Turkey and Syria Earthquakes

Lord Goldsmith of Richmond Park Excerpts

Monday 6th March 2023 Lords Chamber

[Lord Purvis of Tweed (LD)]

My Lords, further to the very pertinent questions from the noble Lord, Lord Collins, the Minister’s visit as outlined in the Statement is significant, and the Government’s support so far is to be welcomed.

More than 50,000 people have now lost their lives, and 18 million are affected overall. According to the Disasters Emergency Committee, 54,000 buildings have been lost. On an evening such as this, when more winter weather is forecast in the UK, we can imagine not being able to go back to a warm and secure home, as is the case for many hundreds of thousands of people in the affected area.

It is worth reminding ourselves that in the north-west region of Syria, 60% of the people were already displaced because of conflict. It is regrettable that UK support to that region has fallen from £232 million in 2021 to £158 million. Can the Minister explain why that has happened? What is the latest estimate of the UK’s support for the people of Syria next year?

The British people, however, as has been said, have responded in a truly stunning manner, raising more than £100 million for the DEC appeal. When we first had a Statement on this subject, I asked the Minister’s noble friend Lord Ahmad whether the Government would provide aid match support. It is welcome that they have, but it is only £5 million. More than £100 million from the British public being matched by only £5 million from the British Government is jarring. Will the Minister commit to the Government being open to lifting the cap on the £5 million if the British public continue to donate to the appeal?

Given the need for long-term support, including foodstuffs, particularly for young families and mothers, can the Minister explain why, in the response to the Statement last week, Andrew Mitchell said that the Government did not intend to provide extra support to the World Food Programme for this emergency? Can the Minister also explain why, in stark contrast to the German Government, who have provided emergency visa support for families seeking to host people in Turkey affected by the earthquakes, the Home Office has ruled out the proposal put forward by my noble friend Lady Hussein-Ece? Are the Government’s minds closed on this? There are still families in the UK diaspora community who are willing to help and provide guarantees and support, but the Home Office seems set on denying families support and refuge.

Why have the Government not provided any clarity about a safe and legal route for those in Syria who may seek asylum in response to the Assad regime’s reaction to this emergency? The Syrian routes to the UK were closed in 2021, but why is no consideration being given to opening them?

Finally, in the House of Commons last week the Minister was asked why the Government’s humanitarian crisis reserve, which recently stood at £500 million, has now been depleted to only £30 million, which means that the UK’s response to any other emergencies or disasters will be greatly reduced. Why has there been such a massive reduction in a crisis reserve for humanitarian assistance?

[The Minister of State, Foreign, Commonwealth and Development Office (Lord Goldsmith of Richmond Park) (Con)]

My Lords, I join both noble Lords and others in offering sincere condolences to all those affected by the devastating earthquakes that struck Turkey and Syria last month. Today, the death toll across these countries stands at more than 51,000, which is possibly an underestimate, with at least 108,000 people injured. I pay tribute to the hundreds of British personnel engaged in specialist health and humanitarian rescue work in Syria and Turkey. They have done and continue to do outstanding work to save lives and help those suffering.

As has been noted, this disaster has intensified the humanitarian need in Syria in particular, affecting what is already one of the most vulnerable areas, weakened by the appalling Assad regime’s brutal war machine. Our consular teams are supporting British nationals who have requested assistance.

In response to the initial point made by the noble Lord, Lord Collins, the UK Government have responded, and very quickly, to the request put out by the Turkish Government immediately following the disaster; I thank him for recognising that. We deployed a 77-person search-and-rescue team in Turkey, along with state-of-the-art equipment. Although the team has now returned to the UK, having saved a significant number of people trapped in the rubble, they have done so in line with the response of other countries that have sent search-and-rescue teams, because we are now in a new stage, as the noble Lord pointed out.

On the quantum of our support for the crisis, and in response to a question by the noble Lord, Lord Purvis, we announced £4.3 million of new support for Syria Civil Defence, also known as the White Helmets, who carried out life-saving search-and-rescue and emergency relief operations and have helped thousands of civilians overall. The MoD and Foreign Office set up a field hospital in Türkoğlu, which included an emergency department and a 24/7 operating theatre. Some 150 UK-Med and MoD personnel were working alongside Turkish medics to save lives and have treated nearly 6,500 patients to date. In northern Syria, UK-funded charities and NGOs are caring for the injured through mobile medical teams and health centres. The UK has delivered more than 478 tonnes of relief items to Turkey and Syria through civilian and Royal Air Force flights, including tents, blankets, solar lanterns, water purification tablets, hygiene kits and so on. We have also contributed to the UN’s distribution of food and other essential items, including through the UN’s Syria Cross-border Humanitarian Fund. On 15 February, we announced a further £25 million of funding to bolster our humanitarian response. I can tell the noble Lord, Lord Collins, that that will further support the work of the UN, aid agencies and the efforts in Turkey led by the Government there. This includes a particular focus on protecting women and girls, including support with childbirth and efforts to reduce the risk of gender-based violence.

Both noble Lords mentioned the issue of access. We obviously welcome the UN-brokered agreement opening two further crossings into Syria, but it is crucial that there are clear monitoring processes and that we, as well as the international community, ensure that the Assad regime upholds its commitment not just now but for as long as aid is needed. We will continue to monitor that situation very closely.

There has been a difficulty in relation to Syria, for all the obvious reasons. Difficulties of humanitarian access to north-west Syria are a direct product of the ongoing conflict, including in areas hit by the earthquake, and the Assad regime’s sustained use of aid as a political weapon. Even before the earthquake, it was clear that the single remaining UN-mandated border crossing in Bab al-Hawa was wildly insufficient to address the needs in north-west Syria.

Both noble Lords asked about the UK’s past and future ODA contribution. We have supported the international response through our existing support for key multilateral organisations helping in Turkey and Syria. I will give some figures. Clearly, we are a committed humanitarian donor globally, but we responded quickly to these earthquakes, providing over £43 million of immediate aid to Turkey and Syria, including the items I listed earlier.

The UK assists Turkey in other ways by providing humanitarian assistance through the EU Facility for Refugees in Turkey programme, having already committed approximately £957.1 million from 2016 to 2023 through the UK’s contributions to the EU budget, which will continue to 2025 under the terms of the withdrawal agreement, and through additional contributions paid by the FCDO.

It is worth pointing out that the UK is the third-largest bilateral donor to the Syria crisis, having committed over £3.8 billion to date, which is our largest ever response to a single humanitarian crisis. That includes £2.1 billion since 2012 to support over 5.5 million refugees in the region. Since 2012, across Syria and the region we have provided over 28.3 million food rations, over 24.9 million medical consultations, 6.3 million cash grants and vouchers, 11 million relief packages and 15.4 million vaccines. We are a significant contributor.

The UN’s global fund, Education Cannot Wait, announced a $7 million grant for Syrian children affected by the earthquake and the Global Partnership for Education will provide $3.75 million to support the emergency education response. Again, the UK is a significant donor to both funds. We are also a long-standing partner and donor to the World Bank, which announced $1.7 billion to assist Turkey, and to the UN Central Emergency Response Fund, which has released $50 million for the crisis.

As the noble Lords, Lord Purvis and Lord Collins, said, the British people showed extraordinary generosity through their response to the Disasters Emergency Committee appeal, raising over £100 million. As has been noted, that figure includes £5 million from the UK taxpayer, via the Government. I make the obvious point that the Government’s contribution through part matching that sum is not government money but public money, and that is clearly not the extent of our support for the region following the disaster that we are discussing today.

In the immediate aftermath of the disaster, our Prime Minister and the Foreign Secretary spoke to their Turkish counterparts to offer condolences and reaffirm the UK’s support. His Majesty the King wrote to President Erdoğan to convey his condolences. His Majesty also visited Turkish diaspora groups and members of the British Syrian community at the opening ceremony of Syria House, a donation point in Trafalgar Square, on 14 February. The Foreign Secretary visited Syria House on 16 February, which the Government have helped to organise with the Asfari Foundation. My noble friend Lord Ahmad spoke to Syrian opposition leaders and the White Helmets.

I have not answered the question on visas and the US visa scheme put to me by the noble Lord, Lord Purvis, so I will briefly touch on that before I draw this to a close, and let others speak. We want to support British nationals with relatives impacted by the disaster. Where family members do not have current British visas, they will need to apply via one of our standard visa routes, which remain available, and applications can be submitted in-country. Our visa application centre closest to the affected region in Adana, in Turkey, has now reopened following temporary closure after the earthquake. It will support people looking to apply for a UK visa and enable those who have applied to submit their biometrics. Currently, we have no plans to create a new bespoke route for family members of British citizens affected by the earthquake in Turkey and Syria, but the Home Office will keep both Houses apprised of that.

The House will understand that the scale of the human tragedy is immense. The devastating impact on the lives of millions of people continues, and goes way beyond the numbers that I cited at the beginning of my response. The UK will continue to stand resolutely with Turkey and the people of Syria during these testing times. I welcome this opportunity today to respond to the Statement.

[Baroness Falkner of Margravine (CB)]

My Lords, the Minister touched, as did both Front-Bench speakers, on the catastrophe of attempting to get aid to north-west Syria. It has been nothing less than shambolic, particularly the role played by the United Nations itself. On the one hand, the humanitarian chief, Mr Martin Griffiths, said that we have failed the people of north-west Syria in attempts not to assert themselves over border crossings and deliver aid to the rebel-held areas of northern Syria, and then we had the UN Secretary-General himself ordering the UN not to go there through those crossings for a period of time until there was other intervention.

What is the Foreign Office’s legal assessment of the UN position? The noble Lord will know that this was challenged by international lawyers and that the International Court of Justice itself intervened by publishing an open letter that said:

“There can be no doubt that the provision of strictly humanitarian aid to persons or forces in another country, whatever their political affiliations or objectives, cannot be regarded as unlawful intervention, or as in any other way contrary to international law”.


Did His Majesty’s Government attempt to tell the United Nations Secretary-General that he was misinterpreting international law and in doing so collaborated with the Assad regime in adding to the disaster that had befallen the poor victims of that earthquake?

[Lord Goldsmith of Richmond Park (Con)]

My Lords, I cannot provide a direct answer because I do not know what advice has been sought or received by the Foreign Office. I will convey the noble Baroness’s question to my noble friend Lord Ahmad when he returns.

I do not know whether the UN Secretary-General or the UN as an institution misinterpreted international law. The difficulties that the international community has faced in providing assistance to north-west Syria are a product of the Assad regime’s behaviour over recent weeks, months and years and, as I said earlier, its continued use of aid as a political weapon. The blame needs to be placed squarely at the feet of Assad himself. I will be working with the UN to verify that the UN-brokered agreement to open those additional border crossings into north-west Syria for an initial period of three months happens, and happens on the terms that have been agreed.

I should add that, according to the latest figure I have, the UN has sent 583 trucks with aid from six UN agencies, via Turkey, to north-west Syria using three border crossings: Bab al-Hawa, where 473 truck-loads managed to enter; Bab al-Salam, where 91 truck-loads entered; and al-Rai, where 19 truck-loads were able to enter the region.

[Lord Robertson of Port Ellen (LAB)]

My Lords, perhaps the biggest danger that we will face now is that public attention will fade, and gradually that outpouring of grief and generosity that we have seen up to now will fade because of other events taking place. Are the Government going to maintain public interest in the subject? I also draw attention to the role of Turkey in the present crisis. The Turkish people have been the worst affected by this terrible catastrophe. Although one may have differences of opinion with President Erdoğan and his Government at the moment, there is little doubt that the Turkish people have carried a huge responsibility and shown immense generosity over the years to those who have fled from Syria and are presently in refugee camps in Turkey. I hope that, in recognising that, the Government will pay specific attention to the sensitivities of Turkey at this time.

[Lord Goldsmith of Richmond Park (Con)]

The noble Lord makes the important point that Turkey has faced the brunt of this disaster. The vast majority of those people killed and displaced are in Turkey. The numbers continue to mount. Frankly, we do not know the real figure but, as I said earlier, 51,000 people are known to have perished. As the Assad regime has caused such mayhem, Turkey has been left to pick up many of the pieces, and it has done so in a generous fashion, as the noble Lord said. The UK Government are not going to take their eye off the crisis that has hit Turkey and Syria. We have been one of the biggest responders. We will remain at the forefront. We have made serious commitments to Turkey and the Syrian people, and we will honour those commitments and continue to negotiate within the international community to ensure that the international donor community—not just Governments, but the multilateral agencies—provides as much support as it can to deal with the immediate aftermath of the crisis and to help with the process of rebuilding.

[Baroness Bennett of Manor Castle (GP)]

I will follow on from the question asked by the noble Lord, Lord Robertson of Port Ellen, and look at today and forward to the days, weeks, months and, indeed, years ahead. It is obvious that people today are still suffering enormously from grief, the uncertain living circumstances they find themselves in, and, for the injured, the medical services are struggling to provide treatment. I am trying to get a grip on what financial contribution the UK Government have made and what they might make in the future. Looking through the figures in this Statement, I see that there is £4.3 million to the White Helmets in Syria, £25 million to the humanitarian response and £5 million as the seed fund for the Disasters Emergency Committee. There is also talk of 429 tonnes of relief and of medical teams. Can the Minister tell me whether that £25 million includes the cost of that relief and the medical teams?

The Statement also refers to contributions from multilateral funds—the humanitarian fund, Education Cannot Wait and the World Bank. Are the Government planning to make extra contributions to those multilateral funds to reflect Britain’s share of the funds that have had to be put into this emergency, unexpected situation—which, by definition, is what an earthquake is? Also, is this money extra money? We know how desperately strained all our overseas assistance budgets are. Will this money be taken from somewhere else in our overseas assistance budgets or will we genuinely put the extra money in—given that, as the Front-Bench speakers noted, the British people have been hugely generous, donating more than £100 million?

[Lord Goldsmith of Richmond Park (Con)]

My Lords, I will not go through all the figures that I cited in my response to the two Front-Bench contributions but I will make a couple of points, if I may. The first is that the UK, notwithstanding the reduction from 0.7% to 0.5%—this House has a clear view, which I certainly share, that we need to return as quickly as possible to 0.7%—a significant proportion of our ODA has been put aside and effectively ring-fenced for humanitarian response. The very nature of humanitarian crises is that they are not, on the whole, anticipated long in advance. That is what that money is for and, therefore, where it is coming from, which is exactly as it should be.

The noble Baroness mentioned the World Bank and a number of other multilateral institutions. We are one of the biggest investors in the world in the multilateral system. Again, despite the cuts that we have seen in recent years, many of those institutions exist to help countries through problems such as those faced by Turkey and Syria today. Therefore, our contribution through the multilateral system is directly contributing to alleviating the crisis in both those countries. As we go through the figures on our bilateral contribution to either organisations in Syria or the Turkish Government, it would be wrong to discount the contribution that we make through the multilateral system, which has been the major provider of support following the crisis.

Georgia: Imprisonment of Mikhail Saakashvili

Lord Goldsmith of Richmond Park Excerpts

Monday 27th February 2023 Lords Chamber

[Lord Harries of Pentregarth]

To ask His Majesty’s Government what discussions they have had with the government of Georgia about the condition of Mikhail Saakashvili, the imprisoned former president of that country.

[The Minister of State, Foreign, Commonwealth and Development Office (Lord Goldsmith of Richmond Park) (Con)]

My Lords, we are closely following events connected to the detention of former President Saakashvili. The Foreign Secretary raised Mr Saakashvili’s detention, highlighting concerning reports about his health and treatment, with the Georgian Foreign Minister Darchiashvili on 26 January during the Wardrop strategic dialogue. Our ambassador and other officials also raised Mr Saakashvili’s case with the Deputy Foreign Minister during the bilateral segment of that dialogue. We will continue to monitor developments regarding the case.

[Lord Harries of Pentregarth (CB)]

I thank the Minister for his reply. I ask that the Government continue and redouble their efforts to get Mr Saakashvili appropriate medical treatment. Can the Minister bear in mind that his situation is part of a wider, very serious development in Georgia, which has been hijacked by a multi-billionaire businessman who controls its economic and political life, as well as its media, to keep it within the orbit and surround of Russia? This is a question not just of his human rights but of the whole future of Georgia as a European-looking nation.

[Lord Goldsmith of Richmond Park (Con)]

The noble and right reverend Lord is right that the treatment of the former president has wider ramifications. While humanitarian concerns are clearly uppermost in our representations on the matter, we have also highlighted the relevance of the Government’s treatment of Mr Saakashvili to Georgia’s domestic political climate, international reputation and broader Euro-Atlantic aspirations.

[Lord Howell of Guildford (Con)]

My Lords, is this not really all about Russia trying to re-exert control in that area by using familiar methods of undermining stable government to do so? Is it not rather the same as what is happening in Moldova, as well as all over the developing world, including in many countries of the Commonwealth, and in Sudan, where Russia is setting up a naval base? Should we not be very careful that while Putin may be failing in Ukraine—and we hope he fails—he may be succeeding rather continuously in those other areas? Does my noble friend agree that we should keep a very close eye on that aspect of what is otherwise rapidly becoming a new cold war?

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[Lord Goldsmith of Richmond Park (Con)]

My Lords, it is right that Russia has been, and remains, a deeply destabilising influence far beyond Ukraine and Georgia. Georgia is under sustained pressure from Russia, which, through its relationship with the de facto authorities of South Ossetia and Abkhazia, is in effective control of 20% of Georgia’s territory. Although we do not see an increase in any direct threat to Georgia caused by Russia’s illegal invasion of Ukraine, Georgia continues to experience Russian aggression. Former Prime Minister Truss reaffirmed clearly our support in the UK for Georgian territorial integrity and sovereignty when she met the Georgian Prime Minister at the UN General Assembly in September.

[Lord Anderson of Swansea (Lab)]

Does the noble Lord agree that the treatment of Saakashvili will have a negative and adverse effect on Georgia’s approach to membership of the European Union and that, therefore, it is not us but the European Union which has far greater leverage in this respect?

[Lord Goldsmith of Richmond Park (Con)]

The Government absolutely share that view, which is why, in our representations to the Government of Georgia, we make the point that allegations and stories emerging in relation to the former president are seen in the context of Georgia’s wider ambitions.

[Lord Wallace of Saltaire (LD)]

My Lords, may I add the name of Nika Gvaramia of the independent television station, who has been put in prison on clearly political grounds like Mr Saakashvili? Has the Foreign Office also protested to the Georgian Government about the substantial reports of increases in truck traffic across Georgia between Russia and other states, which suggests a clear breach of sanctions on Russia and has implications for the Ukraine conflict?

[Lord Goldsmith of Richmond Park (Con)]

My Lords, we have been following closely the arrest and conviction of Nika Gvaramia. We note the concerns that have been raised about his case and media freedoms more generally in Georgia. On 2 November last year, senior officials met the Georgian ambassador to discuss the outcome of his appeal on 1 November while also noting those concerns. Our embassy in Tbilisi and officials in London will continue to follow this case.

[Baroness Stuart of Edgbaston (CB)]

My Lords, can I urge the Minister to return to the subject raised by the noble and right reverend Lord, Lord Harries, about oligarchs and their malign influence and to see whether any more sanction could be taken? We should not forget about the role of the Council of Europe, which involves significantly more countries than the European Union, and its influence and potential to help us restore democracy to Georgia.

[Lord Goldsmith of Richmond Park (Con)]

The noble and right reverend Lord’s earlier comments are absolutely noted in relation to the influence in particular of Bidzina Ivanishvili, to whom I think he was referring. We understand that he is a private citizen. He does not have any formal or legal role in the Government of Georgia, but we are aware of reports of his links to Russia. We have raised that with the Government of Georgia, who have assured us of their determination to adhere to international sanctions against Russia. As everyone must, we will remain vigilant as we collaborate with our Georgian partners and regularly review our sanctions designations.

[Lord Balfe (Con)]

My Lords, when I was a member of the Venice Commission, it was quite clear that the normal courtesies of democracy had broken down in Georgia, so it is no good going around just blaming other people. Can the Minister assure us that the UK Government will put to the Georgian Government the need to conduct their parliamentary affairs in line with what is normally accepted as western democratic standards—in other words, not boycotting Parliament but exchanging power in a civilised manner?

[Lord Goldsmith of Richmond Park (Con)]

My Lords, we will absolutely continue to press for progress on reforms in line with Georgia’s EU and NATO ambitions. I understand that further discussions will take place in the very near future and we continue to encourage all parties within the Georgian system to interact constructively to enact those reforms required to achieve their shared Euro-Atlantic goals and the will of the Georgian people. The Foreign Secretary met the Georgian Foreign Minister on 26 January, raising those same concerns about developments that are clearly damaging Georgia’s international reputation, its reform credentials and its EU and NATO aspirations.

[Lord Robertson of Port Ellen (Lab)]

My Lords, I endorse the concerns that have been expressed about what is happening in Georgia today. Some of us who have been long-standing supporters of the ambition of Georgia to join the Euro-Atlantic family are deeply distressed about what is happening there, especially the treatment of former president Saakashvili and other members of the opposition as well. Will the Government keep up their pressure on the Government of Georgia to make sure that they adhere to the normal standards that one would expect of a country with such aspirations?

[Lord Goldsmith of Richmond Park (Con)]

I can absolutely assure noble Lords that that is exactly what the UK is focusing on in our discussions with the Government of Georgia.

[Lord Carlile of Berriew (CB)]

Will our Government remind the Government of Georgia that their abandonment of rule of law standards will affect the otherwise plentiful opportunities for economic and business co-operation between our two countries, not least because our Government will be bound to advise businesspeople of the danger of working in Georgia, and political risks insurers will simply refuse insurance for debts mounted in Georgia?

[Lord Goldsmith of Richmond Park (Con)]

The noble Lord is of course right. The broader context—the backdrop—is for the Georgian Government to act and behave in a manner that takes them forward towards their broader Euro-Atlantic aspirations. We are a firm supporter of those aspirations; we believe that further integration with the EU and NATO will deliver greater prosperity and security for both Georgia and Europe. UK programmes fully support democratic reforms and NATO interoperability aimed at progressing the Georgian Government’s aspirations.

[Baroness Smith of Basildon (Lab)]

My Lords, listening to the Minister, I think he is aware that there is a wider issue here which goes right to the heart of the democratic credibility of Georgia. My noble friend Lord Collins of Highbury previously raised the issue of LGBT people in Georgia, particularly after the very violent protests ahead of the Tbilisi Pride march. Most recently, the Minister—I think it was in November—was clear that there were number of UK-funded projects aimed at building dialogue within Georgia. Can he tell the House whether all those projects remain secure given the cut in ODA funding?

[Lord Goldsmith of Richmond Park (Con)]

My Lords, the UK continues to work with Georgian partners to combat malign Russian influence, consistent with our efforts and our experience with Ukraine, the Baltic countries and Poland. Over the last five years, our ODA spend in Georgia has been between £4 million and £6 million per year, and non-ODA allocation has grown from £0.2 million to £1 million. We are currently funding a wide range of projects in Georgia, focused on the issues the noble Baroness has raised and more, but I cannot go into specific ODA decisions until those decisions are made public by the Foreign Secretary.

China: Governor of Xinjiang’s Visit

Lord Goldsmith of Richmond Park Excerpts

Thursday 9th February 2023 Lords Chamber

[The Minister of State, Foreign, Commonwealth and Development Office (Lord Goldsmith of Richmond Park) (Con)]

My Lords, with the leave of the House, I shall now repeat in the form of a Statement the Answer given by my right honourable friend the Minister for Europe to an Urgent Question in another place on the planned visit of the governor of Xinjiang. The Answer is as follows:

“We understand from the Chinese embassy that the governor of Xinjiang may visit the UK next week. To be clear, he has not been invited by the Government or to the FCDO, and we have no confirmation that he will, in fact, travel. He will travel on a diplomatic passport and has not been granted a visa. If he does visit, I assure this House that under no circumstances will he be dignified with a ministerial meeting.

China’s actions in Xinjiang are abhorrent and we will not legitimise them in any way. However, robust engagement to challenge human rights violations and to stand up for the rights of the oppressed is at the core of the UK’s diplomatic work around the world. We must be prepared to use diplomatic channels to achieve that end, hence officials would be prepared to offer him a meeting. In line with that principle, there is only one reason why such a meeting would take place—to make absolutely clear the UK’s abhorrence of the treatment of the Uighur people and to say that we will not relent from exposing the horrors to which they are subject. That point needs to be set out clearly to China. It is only right that people responsible for human rights violations are confronted on these issues.

The UK has played a leading role in international efforts to hold China to account on Xinjiang. In 2019, we became the first country to step up to lead a joint statement on China’s actions in Xinjiang at the UN. Since that first statement, which was supported by 23 countries, we have worked tirelessly through our global diplomatic network to broaden the caucus of countries speaking out. Our leadership has sustained pressure on China to change its behaviour and consistently increase the number of countries speaking out. Most recently, our diplomatic effort helped to secure the support of a record 50 countries for a statement on Xinjiang at the UN third committee in October.

We have imposed sanctions on four individuals and one entity in Xinjiang, and have introduced robust measures to tackle forced labour in supply chains. We have consistently raised our concerns at the highest level in Beijing. Let me be absolutely clear that we will continue to emphasise at all levels that the world is watching what China’s authorities say and do in Xinjiang. They cannot hide their abuses. The UK and our allies will not turn away.”

[Lord Collins of Highbury (Lab)]

My Lords, I thank the Minister for repeating the response to the Urgent Question from Sir Iain Duncan Smith. When I read the exchanges that took place, I was particularly concerned about the one between the chair of the Foreign Affairs Committee and Leo Docherty, where the Minister confirmed from the Dispatch Box that Ministers had approved this visit. As Alicia Kearns said, he is one of the masterminds of the genocide in Xinjiang. Therefore, will the Minister tell us at what level political approval was given? What ministerial level was it—was it Leo Docherty, or did it go higher? Was the Foreign Secretary involved in giving this political okay for a meeting to take place? It is really important that we hear a response to that.

May I also ask about the assessment that the department may have made on Erkin Tuniyaz? Why is he so different from Chen, the former governor, who was sanctioned? Again, we need a specific response on that, so that we understand what sort of consistency the Government have on their policy of challenging these huge abuses of human rights in that province.

[Lord Goldsmith of Richmond Park (Con)]

I thank the noble Lord for his questions. In truth, I was not able to hear the full exchange that happened earlier in the other place.

[Lord Collins of Highbury (Lab)]

I read it.

[Lord Goldsmith of Richmond Park (Con)]

The noble Lord is ahead of the game. I have not yet had a chance to go through it in detail. However, I can say that the governor was not invited to the UK by the Government, nor do we have confirmation that he will indeed be travelling. We understand that he intends to engage in discussions with a range of interlocuters about the situation in that region, but we do not know that.

On the issue of approval, I think that what the noble Lord has said is wrong. I am not suggesting that he is wrong: he may be quoting someone else who is wrong. The visa has not been granted for the visit. If he travels, he will be travelling on a diplomatic passport, for which he obviously does not need a visa. The reality is that we do not know, and the visit might not happen at all.

The noble Lord asked another question. There is consistency in our approach. I cannot go into the specifics about sanctions for individuals—we never do—but, in March 2021, we imposed sanctions on senior Chinese officials and on an organisation responsible for the appalling human rights violations taking place in that region. By acting with 29 other countries on an agreed set of designations, we increased the reach and impact of those measures and sent the clearest possible signal of our concern and willingness to act. The Foreign Office keeps all evidence and potential listings under close review but, as I said, I cannot speculate on who may or may not be designated in future, as doing so would probably reduce the impacts of those designations.

[Lord Purvis of Tweed (LD)]

My Lords, I politely point out to the Minister that that exchange is in Hansard. I am pretty certain that the Minister’s office should have briefed him on the proceedings in House of Commons Hansard so that he was aware of what the Minister there said in reply to the chair of the committee.

Indeed, Mr Docherty said it was the “judgment of Ministers” that this would be an extremely useful opportunity to meet this individual—yes, to pass on strong messages but, nevertheless, I think that senior officials meeting this individual would legitimise his visit if he came. It beggars belief. I will deeply condemn officials from our Government and the European Union if he does come; as I understand it, the visit is planned to be in London then Brussels. This individual is sanctioned by the United States under the Magnitsky system. He was sanctioned in December 2021 because he is linked to the Xinjiang Public Security Bureau. As we have heard, this individual has played a part in the construction of a system of repression in the region, which, as we have debated time and again, has made its people subject to gross human rights abuses.

So far, the Government’s language has been interesting; they say that he will potentially come here on a diplomatic passport. My understanding of the immigration regime is that there is still conditional access for such people even if they arrive on a diplomatic passport. He is not a member of the mission; therefore, it is not an automatic entry. He is a member of the Chinese Government; therefore, his entry is conditional with regard to the Immigration Rules. Can the Minister confirm that? If he cannot do so now, could he do so urgently in writing? I have a suspicion—here, I agree with the noble Lord, Lord Collins—that Ministers have the opportunity to block this visit but have decided that they will not take it up. I would be grateful if the Minister could confirm whether Ministers have the ability to state that this person is not conducive to the public good and, therefore, to block his entry.

[Lord Goldsmith of Richmond Park (Con)]

My Lords, before I come on to the specifics, I will take umbrage with the noble Lord. I think that he was a little churlish in his reference to the written record. As he knows, in this place, Ministers stand in for other Ministers at very late notice; if he would like to see my diary for today, I would be happy to share it with him, but there was not a minute wasted dealing with issues that are not absolutely top priorities for the United Kingdom. He would appreciate that were he to take a good old look.

There is no doubt that, if this character comes to the United Kingdom, he will not be doing so to be feted or treated in any way by the United Kingdom Government. The only possible reason for there to be any meeting between him and officials would be so that the UK can again put on the record our views in relation to what has happened on his watch. The UK’s abhorrence at the treatment of the Uighur people is very much on the record. The idea that this measure will in any way legitimise, or amplify the importance of, this governor is absurd. If anything, if there is a meeting of any sort with UK Government officials, it will be for us to be able to issue a public reprimand.

It is worth reiterating that the United Kingdom Government have led international efforts to hold China to account for its violations in Xinjiang. We were the first country to step up and lead a joint statement on China’s human rights record in Xinjiang. We have engaged in a huge diplomatic effort to encourage other countries to join us. Since that first statement in 2019, we—Ministers and officials—have worked tirelessly through our global diplomatic network to broaden that international caucus of disapproval.

We have succeeded, and of course we want more countries to join us in publicly condemning these atrocities in China. However, I do not think that anyone can reasonably doubt the commitment of the UK or the leadership that we have taken in challenging China on these issues.

[Baroness Bennett of Manor Castle (GP)]

My Lords, I declare my position as co-chair of the All-Party Parliamentary Group on Hong Kong.

The planned meeting with FCDO officials from this head of a regime which presides over what an independent panel has determined is genocide has caused great concern, not just to the Uighur community and its supporters but to the Hong Kong and Tibetan exile communities. In light of that, Fight for Freedom, Stand with Hong Kong made a formal submission to the Foreign Office in November about sanctions against serious violations of human rights in Hong Kong. Can the Minister assure me that there will be a rapid consideration of that report and a rapid response to it?

[Lord Goldsmith of Richmond Park (Con)]

I can certainly assure the noble Baroness that there will be a rapid appraisal of, and I hope also a rapid response to, that assessment.

To correct one thing, there is no planned meeting with officials. I am not suggesting that there will or will not be meetings. I do not know. There are no plans for meetings to happen between officials and the governor. If there were meetings with the officials, it would be for the reasons that I articulated in my previous answer. However, based on everything I know—and I will correct the record if I am wrong on this—there are no planned meetings between UK government officials and the governor. I think that is what the noble Baroness said.

House adjourned at 6.21 pm.

Horn of Africa: Famine

Lord Goldsmith of Richmond Park Excerpts

Tuesday 7th February 2023 Lords Chamber

[The Minister of State, Foreign, Commonwealth and Development Office (Lord Goldsmith of Richmond Park) (Con)]

My Lords, I am grateful to the right reverend Prelate the Bishop of St Albans for tabling this hugely important and timely debate. I am also grateful for the insightful contributions of other noble Lords who have spoken. I echo the tributes that previous speakers have paid to the late Lord Chidgey, with whom I had a number of exchanges; he was always polite, positive and constructive, usually on issues relating to the environment, which was a passion for him. Although I have not been here as long as other noble Lords in the Chamber today, I know that he will be missed.

The humanitarian crisis in the Horn of Africa has pushed tens of millions of people to a cliff edge, driven by a combination of conflict, the worst drought in 40 years and the rocketing prices that have resulted from Russia’s illegal war—a point made by the right reverend Prelate.

Before I continue, I thank the noble Lord, Lord Alton, for the regular information he provides via email and the bundle of reading material that I will take away after this debate. Having looked at it, some of which I had seen before, it makes for grim reading but is enormously important. In answering his question specifically, I say that we agree with the World Food Programme’s assessment of needs across the region. Unfortunately, we think that these figures are correct, but we wish that they were not.

Across east Africa, more than 71 million people are in need of aid. As the noble Lord, Lord Collins, and others said, rates of food insecurity and malnutrition are, sadly, soaring. In drought-affected areas across Ethiopia, Kenya and Somalia, almost 24 million people cannot access enough drinking water and over 9 million livestock have died. In the Horn of Africa, more than three-quarters of a million people are predicted to fall into famine-like conditions by March, with millions more teetering on the edge. The situation is grave and at risk of deteriorating much further.

In Somalia, the number of people facing extreme food insecurity is likely to double by April. In response to the noble Lord, Lord Alton, I will pinch an answer from the noble Lord, Lord Collins, who touched on this. Famine declaration is a matter for the independent classification process. However, we know that, if aid is not sufficiently scaled up by June, famine is very likely to return.

The UK Government are committed to alleviating suffering and are playing a lead role in the international humanitarian response. In response to the noble Lord, Lord Purvis, I say that this financial year we will provide at least £156 million of humanitarian aid across east Africa, which will benefit millions of people.

Last month, the Foreign Secretary and the Development Minister both travelled to Ethiopia and Somalia, although separately. They saw the impact of the crisis, heard sobering testimonies from some of those affected and saw how UK aid is providing a lifeline.

In Ethiopia, nearly 30 million people—more than in any other country in the world—are in need of emergency aid. Since April 2021, the UK Government have helped over a million Ethiopians, with more than £100 million of UK aid. On 20 January, the Minister for Development announced a new £16 million package of UK support that will reach hundreds of thousands of people.

Tigray is another issue that the noble Lord, Lord Alton, raises diligently and relentlessly—in the positive not negative sense, certainly from my time as a Minister. It is difficult to give a precise response. We are cautiously optimistic. We cautiously welcome the peace agreement and the commitment that both sides have made to facilitating humanitarian and aid access. Based on what we know and believe, access is improving, so this is more than just a paper agreement, but the situation, as he knows better than most, is extremely complicated.

In Somalia this financial year we will allocate more than £61 million for life-saving humanitarian, health and nutrition programmes, and in Kenya we have provided more than 30,000 children with life-saving nutrition. This latest support builds on years of UK government humanitarian work in the region. Since 2018, over 9.3 million people in Somalia have benefited from humanitarian and resilience-building programmes supported by the UK. From 2018 to 2022, we provided nearly 1.9 million people with better access to water and 3.9 million people with support for agricultural production.

In drought-prone areas of Ethiopia, we have worked since 2015 with the Government to provide financial support and means of conserving water to 8 million people each year. In Kenya, a similar programme in drought-prone areas has reached over half a million people.

The noble Lord, Lord Purvis, mentioned trade. I thank him for doing so. While we are on Kenya, I was looking to provide him with a decent answer to this question, but, if he does not mind, I will give him only part of a decent answer. Since 2017, the regional economic department for investment and trade programme, which we support, has successfully supported tariff reform and facilitation of development of physical infrastructure with a view to boosting the prosperity of Kenya and the wider region. That is not aid, although aid has a role. The noble Lord is absolutely right to focus on trade. Although I am not a Trade Minister, I am having increasingly frequent exchanges with colleagues in the Department for International Trade as a Foreign Office Minister, because there is no doubt that effective facilitation of trade can so often be more effective than deployment of aid. So I thank the noble Lord for raising that point.

Noble Lords will be all too aware that climate change increases the risk of prolonged droughts. Indeed, everyone who spoke raised the issue. The UK Government have stood by their pledge to commit up to £11.6 billion of climate finance between 2021 and 2026. It is absolutely essential that the Government honour that pledge. I encourage all noble Lords to keep a very close eye on us: Governments can be tricky things. It is absolutely critical that the pledge is honoured, for so many different reasons, beyond even climate change itself. Our reputation as a country hinges absolutely on our having made that pledge and having used it to leverage generous commitments from other donor countries. Without it, we would not have secured the kind of increase in finance commitments that we have seen at and since Glasgow, so it is really essential.

It is not just about reputational issues. As the noble Lord, Lord Collins, said, climate change is not an academic discussion point for the countries that we are discussing today. For so many on the front line, it is an existential issue. The noble Lord, Lord Purvis, made the point that Kenya, Somalia and Ethiopia contributed around 0.6% to the problem. I think that that was the figure he used—I hope that I did not get it wrong. Yet those three countries have had just two normal rainy seasons since 2016. It really shows that those countries most on the front line tend to have contributed least and urgently need support.

The noble Lord, Lord Collins, made the point that we should be focusing much of our support on those countries that really are on the front line, the poorest and most vulnerable. He is right, although our climate approach has to be balanced on prevention and mitigation of climate change; we will not always be focusing on the very poorest countries. We all need the Amazon, the Congo Basin, and Indonesia’s forests and peatlands to be protected and restored. Those do not necessarily coincide with the poorest people in the world, but if they go, we are all finished. However, when it comes to adaptation, it is about the poorest and most vulnerable people in the world. He is absolutely right to make that point. I hope that that is reflected in the way we invest in the commitment I mentioned earlier.

In response to the right reverend Prelate the Bishop of St Albans, we are working in tandem with our international partners to address the risk of famine and help the region build resilience. For example, our humanitarian aid partnership with Saudi Arabia has led their humanitarian agency to provide match funding of £1.7 million in Somalia. We are also expanding our work with Germany and the World Bank to strengthen agriculture and the response to droughts.

I fully acknowledge the impact of the ODA cuts, as I have done many times in this House. The point was initially raised by the right reverend Prelate, then by other speakers. I will make just two points. Despite that reduction, the UK is the third-highest spender of ODA in the G7 as a percentage of GNI, spending more than £11 billion on aid in 2021. In recognition of the unanticipated and significant costs incurred supporting people from Ukraine and Afghanistan, the Government are also spending an additional £1 billion in 2022-23 and £1.5 billion in 2023-24 to try to accommodate those costs. I agree with the speakers today that we absolutely must return to 0.7% as soon as we possibly can. There really should be no delay.

The noble Lord, Lord Collins, made a point about the quality of investment, not just the quantum. He is right there as well. We need the quantum, but we also need transparency and monitoring. That applies very much to the Tokyo commitments. So that point is very much noted, and he is right to have made it.

The severity of the drought and food insecurity facing the Horn of Africa is crystal clear. The situation is at risk of getting, and is likely to get, worse. Our humanitarian support to East Africa is providing millions of people with essential services, and we will continue to work with partners to save lives and build resilience. Once again, I thank noble Lords for their insightful contributions and the right reverend Prelate for initiating the debate.

[Viscount Waverley (CB)]

I thank the Minister. It really has been a most distressing tale that we have heard this evening. I, too, wish to thank everyone who has brought such an insight into this area. Concentration has been made on many of the countries and regions within the Horn of Africa, but very little attention or mention has been given to Djibouti and Somaliland, which are two very important parts of countries within that region. Would the Minister care to offer any message of lessons learned as a result of their circumstances in that region?

[Lord Goldsmith of Richmond Park (Con)]

I thank the noble Viscount for raising that point. I certainly would not want to pretend to be an expert on either country. One of the problems with Somaliland is that technically and legally it belongs to Somalia. Therefore, when we talk about Somalia we are often talking about Somaliland, but they are really two very different countries with different Governments. In so many respects, Somaliland is a beacon: it is a place where elections are held, people shake hands afterwards and do not contest them. Iris technology is used to avoid fraud. Despite its really horrific back story, which the noble Viscount will know well, and all the cards being stacked against it, it has flourished and succeeded. There are lessons to be learned there and I hope the UK will be able to increase its support for that region.

While we are on this issue, I did not mention the ever-present threat of al-Shabaab, which is a key driver of the humanitarian crisis. I do not think that anyone else mentioned it, either; I apologise if they did. I reiterate that the UK is supporting the African Union’s efforts to counter al-Shabaab. We are looking for opportunities to continue to do so with the African Union and elsewhere. We provide aid to Somalia in a way that avoids enriching the wrong people. That is an issue that all deployers of aid need to be very aware of at all times.

I thank the noble Viscount for raising Somaliland. It is a remarkable place and a story that needs to be told more often.

UN Biodiversity Conference: COP 15

Lord Goldsmith of Richmond Park Excerpts

Thursday 12th January 2023 Grand Committee

[The Minister of State, Foreign, Commonwealth and Development Office (Lord Goldsmith of Richmond Park) (Con)]

First, I thank the noble Lord, Lord Randall, for tabling this debate and for his continuous championing of the environmental issue ever since I have known him. I also thank other noble Lords for their contributions.

As many noble Lords appreciate—this was said in all the contributions—the catastrophic decline in the abundance, connectivity and diversity of life on earth is not only a tragedy but an existential threat. Everything that we have and need is dependent on nature and on our ability to reconcile our lives, our economies and our politics with the natural world. The Covid pandemic showed us what the world can do when it senses danger.

The reality is that the consequences of runaway climate change, biodiversity collapse and environmental degradation are vastly more serious. That is why tackling climate change and biodiversity loss is rightly a top international priority for the Government. It is why we have been campaigning internationally for the world to agree a “Paris moment” for nature. It is why we celebrate the outcome of the COP 15 UN Biodiversity Conference and all the progress made there to protect and restore nature.

The noble Lord, Lord Randall, and the noble Baroness, Lady Hayman, asked why the media have shown so little interest in this issue. My guess is as good as theirs. It is depressing. It is hard to imagine a more important international summit than the one we saw in Montreal just a few weeks ago, but the media seem to reduce all environmental considerations down to the one issue of carbon. Of course, climate change is massively important, but the environment is much more than carbon. It is everything, as I have already said and as noble Lords said in their speeches. It is somewhat depressing that the press do not focus on this issue; perhaps it is a yearning on their part to focus on only the bad news. The UN conference in Montreal was good news; it was not perfect, as I will come on to in a second, but perhaps there is no market for good news in the UK media nowadays.

I note that the Independent has a new editor. Notwithstanding his many qualities, he is a climate sceptic, which I find worrying. We seem to be seeing a disconnect between the media and what we know exists in people: desperate concern for the natural world and a yearning for more biodiversity and improved nature. It does not matter which constituency our colleagues in the other place represent—there is not a single constituency in this country where a majority do not want more nature. They want leadership from government.

The noble Baroness, Lady Hayman, asked about the potential discrepancy we see between developed and developing countries; I will come on to that in a second. I have been there. I have engaged with countries—north, south, east, west, rich, poor, nature-rich, nature-depleted—for as long as I have been a Minister. This matter is somewhat overstated. The majority of the engagement I have had with countries has left me feeling more, not less, optimistic. Yes, one or two African countries were concerned about the manner in which the agreement was reached, but many more were wildly enthusiastic. That is not to say that they did not have concerns, but those concerns were addressed, which is why we ended up with this agreement.

Let me add this: shift your focus to the small island developing states in the Pacific or the Caribbean, for example. They, too, had concerns about finance and many of the issues that have been raised today, but there is no doubt that their voice was louder than anyone’s in calling for an ambitious agreement. They wanted ambition. These issues are existential for small island developing states. It is not really a north/south or developed/developing divide; there are divides but they are overplayed. Overwhelmingly, the world is moving rapidly into the right position on this issue.

In the early hours of 19 December, world leaders finally agreed an ambitious global framework for action to put nature on a road to recovery. It was that “Paris moment” for nature that we had been asking for. Of course, the job now is to honour it in full. The Kunming-Montreal Global Biodiversity Framework gives us a clear mission to halt and reverse biodiversity loss by the end of this decade. It includes a highly ambitious package of 23 targets for 2030 and four goals for 2050. These include global commitments to end human-induced species extinctions and to protect 30% of our global land and 30% of our global ocean by 2030—by the way, if that is not a newspaper headline, what is? This is an extraordinary commitment; of course, we have to make it real, but it is huge. It will be delivered through a package of nature financing, including a new international fund and the expectation that $30 billion will flow into developing countries to protect biodiversity every year by 2030.

We also agreed to establish a new multilateral system to share the benefits from the use of stored genetic information from plants and animals. To ensure that countries deliver on their commitments, the international community, for the first time, agreed a package of scientific indicators to track and report progress.

The noble Baroness, Lady Hayman, mentioned the critical issue of indigenous people in local communities, and she is absolutely right. This has been central to our approach in the UK. She knows from COP 26 that we created as many platforms as possible to amplify the voice of indigenous people. That was noted, recognised and appreciated by the groups representing indigenous people and by the people themselves. We have continued that work.

For example, the delivery and design of LEAF—the biggest public/private partnership to support forests around the world—writes indigenous people all the way through its text and criteria. That has been appreciated. We also help to co-ordinate the donor group to ensure that the money promised to indigenous groups is properly delivered. I talk very regularly to representatives of those organisations to ensure that they are happy with the direction of travel and that we are getting advice from people on the front line. Some 80% of the world’s forest biodiversity is in land controlled and lived in by indigenous people. That is not a coincidence; they are the most effective at protecting nature and they need to be supported. Even if it were not for the moral issues, and just for practical considerations, the cheapest way to save nature is to look after the people who are doing it.

I do not say this lightly or with hubris, but I place on the record my boundless thanks to our excellent negotiators, because COP 15 was a triumph for UK diplomacy and soft power as well, with outcomes at the upper end of what we expected. Our negotiators—I saw this myself—played a critical role in raising ambition and galvanising momentum. I do not believe that we would have secured anything like the ambition we did without their Herculean efforts.

Our team was central to securing consensus on the highly contentious issue of digital sequence information; our science leads developed the important framework of indicators for tracking progress; we led the High Ambition Coalition and the Global Ocean Alliance, which helped secure the 30by30 targets, with relentless engagement and campaigning across the board; we convened and I led the High Ambition ministerial group to try to improve cross-regional co-ordination and strengthen ambition; and we worked over many months, alongside Ecuador, Gabon and the Maldives, to develop the credible 10 Point Plan for Financing Biodiversity, which has now been endorsed by 40 countries from five continents and was an initiative that played a visible and measurable role in unblocking ambition in the run-up to the CBD.

I also announced the Joint Donor Statement on International Finance for Biodiversity and Nature, alongside my friend and colleague the European Commissioner Virginijus Sinkevičius and my French counterpart Minister Christophe Béchu. That included new commitments from donors for the protection, restoration and sustainable use of nature, and a significant increase in nature financing, which was crucial for securing a consensus on finance in the GBF.

The outcome of the CBD COP was the culmination of years of hard work. I believe we can be proud of the role played by the UK. In Glasgow, in 2021, we brought nature from the margins of global climate politics and put it at the heart of our response. We secured an unprecedented package of commitments on forests and land use. Forbes described it as

“a Paris moment for forests”.

WWF said:

“Nature truly arrived at COP26.”


The Tropical Forest Alliance wrote:

“we’ll look back and realise that this was the day when we finally turned the tide on deforestation”.

We took the momentum we created from COP 26, as well as the networks we needed to secure it, and used that to help drive ambition at COP 15. Our responsibility now is to turn those commitments into action.

That is why the UK has committed £3 billion of our international climate finance to climate solutions that protect, restore and help manage nature sustainably. I want to take up the point that the noble Lord, Lord Howarth, made on extravagance. He cited a few examples of things we are spending money on in this regard, but implied that they were the totality of our commitment. They are not. The commitment is £3 billion, within which a lot of other new commitments are being made.

I would just say this. Who knows what will happen at the next general election, but part of this commitment will be delivered after the election. If we have a new Government then, it is absolutely crucial that this remains the cross-party issue that it very clearly is. I pay tribute to the noble Baroness opposite for the manner in which we always debate these issues. It is crucial that we keep that promise, because our commitments led other countries to make their commitments. If we break our pledge, they break theirs, and we will let a lot of poorer countries down all around the world.

At COP 15 we announced some specifics, some of which the noble Lord, Lord Howarth, mentioned: £29 million to support developing countries with their land protection commitments, helping to deliver 30by30; around £6 million for projects to study and restore nature across our overseas territories; £20 million in grants to protect healthy marine ecosystems and reduce overfishing; £17 million to the World Bank’s PROBLUE programme to support marine ecosystems; £7.2 million to a new nature positive economy programme, which will support Governments, central banks, businesses and financial institutions in developing countries to integrate the value of nature into their decision-making; and a nature facility to help integrate and safeguard nature in our own official development assistance with other countries. That is key because, as noble Lords will remember, we persuaded the G7 last year to make a commitment—which again was not reported but was huge, in my view—to ensure that all our ODA and our aid is aligned with nature and eventually nature positive. We will need these tools to deliver that promise as well.

Having worked so hard to secure these targets, and put finance in place to help achieve them, it is key that the UK also leads by example, a point made by all speakers. The Environment Act gives us all the tools we need to do so, including putting in place a new set of ambitious domestic targets on nature, air, water, waste, et cetera. Later this month, in our first statutory environmental improvement plan, Defra will set out the measures we will adopt to achieve them.

As has been said by I think all speakers, a key tool to deliver nature recovery is radical reform of farming subsidies in England. The noble Lord, Lord Howarth, and the noble Baroness, Lady Walmsley, made this point; I think my noble friend Lord Randall did as well. Over a seven-year transition period, we are phasing out area-based agricultural subsidies and shifting our support for farm subsidies to deliver environmental goals.

That matters hugely for us in the UK, but it has global implications too. We are told that the cost of turning the tide on nature destruction is around $500 billion a year. By coincidence, that is roughly what is spent by the top 50 food-producing countries on subsidising often highly destructive land use every year. If we can persuade them to shift their focus in the way we are here, a gigantic finance gap can be closed. That is yet another reason why this Government, and successive Governments, absolutely must not allow this programme of reform to be derailed. That is critical. No matter what pressure is felt from those entrenched vested interests, it must be resisted.

Finally, we know that the global challenge ahead is huge, and that no country will face it alone. That is why the UK is at the centre of efforts to bring coalitions together of donor countries, philanthropists, nature-rich countries and the private sector to try to help turn the tide for some of the world’s key natural systems on land and at sea. Over the course of this year I hope I will be able to talk more about some of those initiatives in the Congo basin, the Amazon rainforest, Indonesia, et cetera. This is an absolute priority for me and, I am thrilled to say, for the Foreign Office and Defra.

COP 15 has provided momentum and a framework within which nature can recover and thrive. The UK Government played a really important part in the international effort to build that framework. Now we are and will remain committed to playing our part in full in a decade of global action to secure the abundance, diversity and connectivity of life on earth, and, in doing so, building not only a better future but a viable, liveable future for generations to come.

Commonwealth: Zimbabwe

Lord Goldsmith of Richmond Park Excerpts

Thursday 12th January 2023 Grand Committee

[The Minister of State, Foreign, Commonwealth and Development Office (Lord Goldsmith of Richmond Park) (Con)]

My Lords, I begin by thanking the noble Lord, Lord Oates, for tabling this debate and for his ongoing commitment to promoting human rights, democracy and prosperity in Zimbabwe as co-chair of the APPG. I also thank other noble Lords for their insightful contributions.

The United Kingdom would like nothing more than to see Zimbabwe rejoin the Commonwealth. As noble Lords are aware, that is a collective decision for all members to make if the Secretary-General makes a formal recommendation that Zimbabwe has met the criteria and is ready to be readmitted. The 1991 Harare Declaration and the 2012 Commonwealth charter were landmark moments that redefined the Commonwealth and cemented its place as a modern, forward-looking organisation. The core principles of freedom, democracy, peace and prosperity are as important now as they were then. They remain the basis for assessing any application to join or rejoin this family of nations.

The United Kingdom is committed to maintaining a constructive dialogue with the Government of Zimbabwe, including on the principles underpinning the Harare Declaration. The former Minister for Africa held frank discussions on many of these issues with Zimbabwean Foreign Minister Shava last summer. During his visit to Harare in November, Professor Luis Franceschi, the Commonwealth Secretariat’s Assistant Secretary-General, had a meeting, which has mentioned a couple of times in this debate, with a range of stakeholders from the Government, opposition parties, civil society groups and diplomatic missions. This included a meeting with our own ambassador to Zimbabwe, as well as a meeting with all Commonwealth ambassadors to Zimbabwe.

Discussion focused on the evidence of progress against the Harare Declaration principles and some areas of progress were noted, particularly on economic reforms. However, equally, concerns were raised about instances of political violence, the harassment and detention of opposition activists, and efforts by the Government to restrict the freedom of civil society to operate. I assure the noble Lord, Lord Loomba, that we, too, would like to see the Government of Zimbabwe meet their international and domestic obligations by respecting the rule of law, safeguarding human rights, and delivering genuine political and economic reform for all—obligations that are clearly articulated in the Harare Declaration and the Commonwealth charter.

All that as a package is the precondition of membership, whether new or renewed, of the Commonwealth. We will wait to see the Secretary-General’s assessment—we will see it but, as I understand, it is not a public document; I will get back to the noble Baroness on that if I am wrong. We will be able to see her views of the progress, or otherwise, against the Harare Declaration principles and her subsequent recommendation following the mission by the secretariat last November.

As the noble Lord, Lord Leong, said—in fact, it was a point made by a number of speakers—the general elections expected this year present the ideal opportunity for the Government of Zimbabwe to demonstrate progress against the principles of the charter; namely, respect for human rights and freedom for the political opposition, civil society and media to operate. The noble Baroness, Lady Hoey, made this point very clearly. She referred to some of the rumours of when submissions might be made. I would like to reiterate on behalf of the UK Government that we see the general election as the moment for the Zimbabwean Government to prove and to demonstrate their readiness to rejoin the Commonwealth. It seems to be the most obvious moment for that signal to be sent by the Government.

Of course, the UK does not support any particular candidate or political party in Zimbabwe. We will continue to engage with all parties across the political spectrum, as noble Lords would expect. It is for the people of Zimbabwe alone to choose their president and Members of Parliament. It is essential that this choice is exercised through peaceful, credible and inclusive elections in line with Zimbabwe’s own constitution. We will therefore continue to encourage the Government to implement the recommendations of the 2018 electoral observation missions ahead of the 2023 elections. Unfortunately, we note, as others have, that there has been only limited progress on most of the recommended reforms to date. Of particular importance are the independence of the electoral commission; an accessible voter registration process; publication of an accurate voter roll; the transparent use of state-owned resources; a transparent and accountable result-tallying process; and equal access to state-owned media for all participating political parties.

We will also continue to encourage the Government of Zimbabwe to allow space for the opposition and their supporters to—

[Lord Hayward (Con)]

My noble friend has made comments in relation to the upcoming general election. The noble Lord, Lord Leong, referred to the Commonwealth observers at the last election, of which I was one. I was party to the report that was prepared on that occasion. Given the positive comments that my noble friend made about the importance of the 2023 election, I ask that that message is given to all members of the Commonwealth so that they understand the judgment—which I think most of us would share—that no decision could be made before the general election and before observers’ reports are published.

[Lord Goldsmith of Richmond Park (Con)]

I thank my noble friend for his intervention. There is no question in relation to our position on this. Our view, as I have just stated, is that the importance of the general election is hard to exaggerate in the context of the discussion that we are having now. That is well understood across the board.

As I say, we continue to encourage the Government to make space for opposition candidates and their supporters to campaign without fear of violence and for civil society organisations and journalists to operate without harassment, in line with the country’s own constitution.

As I said in the House last October, the UK has observed a trend of lengthy pre-trial detention of government critics in Zimbabwe. A number of examples have been cited already in this debate. While most of the opposition Members arrested in Nyatsime in June have now been granted bail, Members here have raised the specific case of Job Sikhala MP, and we are continuing to monitor his ongoing detention. In response to a point raised by the noble Lord, Lord Oates, we of course remain concerned by the failure of the Government to address allegations of abduction and abuse of three opposition Members who he named—Joana Mamombe, Cecilia Chimbiri and Netsai Marova. We have raised our concerns with the Government and publicly called for an investigation into the allegations. We are, as I say, concerned by the trend of lengthy pre-trial detention of government critics and we regularly call for due legal process to be followed and for human rights—including those of prisoners—to be safeguarded.

Noble Lords will be very aware of the case of Makomborero Haruzivishe—I apologise for my appalling pronunciation—an opposition activist who I understand is here with us today. I welcome him to the House. As noble Lords will know, he spent 11 months detained without trial in Chikurubi, a maximum-security prison, and that his case is far from unique. I take this opportunity, not least because we have Washington here with us too, to echo the condolences to Moreblessing Ali’s family and friends, which were passed by our ambassador to Zimbabwe publicly. Our ambassador called for those behind that terrible crime to be brought to justice.

I also highlight our concern at the violent incidents around by-elections in Zimbabwe last autumn. We urge all political parties to refrain from violence and to adopt measured language, which will support peaceful campaigning. Any incidents of violence should be investigated in full.

Zimbabwe must allow space for civil society organisations to operate properly and fully in the run-up to the general election. The noble Lord, Lord Collins, mentioned the Private Voluntary Organisations Amendment Bill. Like him, our view is that if passed into law and implemented—which it has not yet been—it has the capacity to seriously undermine this principle and prevent civil society delivering critical development and humanitarian assistance across Zimbabwe.

The noble Lord, Lord Oates, raised how the UK will work with other Commonwealth nations on Zimbabwe’s application to re-join them. The UK, with our international partners, is committed to supporting Zimbabwe to make progress on reforms. We have deep and long-standing partnerships with many member states and we engage and consult widely on all issues of importance to the Commonwealth. For example, UK Ministers and officials speak very regularly to their South African counterparts, most notably at the recent South African state visit to the UK, on a broad range of issues, including Zimbabwe. I assure noble Lords that we will continue to engage constructively, openly and robustly with all relevant parties in the lead-up to this year’s elections.

The noble Lord, Lord Purvis, raised the issue of sanctions applied by the UK. As he said, our sanctions target five individuals—I think he said four—responsible for some of Zimbabwe’s worst human rights and corruption violations. I want to make it clear that those sanctions are not targeted at, and seek to avoid impact on, the wider economy and the people of Zimbabwe. They are not the cause of Zimbabwe’s economic problems. To lift the sanctions, the UK needs to see reasonable progress on political reforms and human rights.

My noble friend Lord Swire touched on our ODA, particularly pensions. The UK regularly underlines to the Government of Zimbabwe the importance of fulfilling their responsibilities to all those entitled to a Zimbabwe government pension, including former southern Rhodesian civil servants. The ambassador wrote to the Minister of Finance on 30 May 2022 on this issue, and the Government of Zimbabwe have assured us that they will resume payments when the economic situation allows. The Commonwealth veterans’ fund, which he mentioned, was in receipt of £430,000 last year, which I am told has provided direct support to 470 veterans.

We will continue to support the most vulnerable people in Zimbabwe through our broader aid programme. This financial year we provided £101 million, mostly focused on education and livelihoods, promoting health, standing up for human rights and supporting climate resilience. While we work constructively with government ministries on a range of those issues, none of this aid is channelled directly through the Government of Zimbabwe.

The UK wants to see Zimbabwe prosper for the benefit of all its people, including by rejoining the Commonwealth. We will continue to engage constructively with its Government wherever we can to help Zimbabwe achieve its ambitions, but meaningful reform is needed to achieve them. We sincerely hope that the Government of Zimbabwe seize the opportunities presented by the upcoming elections to demonstrate progress on meeting their commitments, by respecting the rule of law and safeguarding human rights. This would pave the way for Zimbabwe to be readmitted to the Commonwealth.

[The Deputy Chairman of Committees (Baroness Garden of Frognal) (LD)]

My Lords, that completes the business before the Grand Committee this afternoon.

State Immunity Act 1978 (Remedial) Order 2022

Lord Goldsmith of Richmond Park Excerpts

Wednesday 11th January 2023 Lords Chamber

Moved by

[Lord Goldsmith of Richmond Park]

That the draft Order laid before the House on 7 September 2022 be approved.

Relevant document: 7th Report from the Joint Committee on Human Rights. Considered in Grand Committee on 9 January.

Motion agreed.

UK Aid to Afghanistan

Lord Goldsmith of Richmond Park Excerpts

Wednesday 11th January 2023 Lords Chamber

[Lord Browne of Ladyton]

To ask His Majesty’s Government what steps they intend to take in response to the report by the Independent Commission for Aid Impact UK aid to Afghanistan: Country portfolio review, published on 24 November 2022; and in particular, its assessment that “channelling funding in such high volumes through weak state institutions distorted the political process and contributed to entrenched corruption”.

[The Minister of State, Foreign, Commonwealth and Development Office (Lord Goldsmith of Richmond Park) (Con)]

My Lords, the UK Government welcome the commission’s report and provided our formal response on 10 January. In Afghanistan, we are no longer providing support through the state. We recognise that large-scale financial support in conflict-affected contexts can come with considerable risk. We will work with ICAI and colleagues across departments to fully assess the impact of these recommendations on wider government policies. We will continue to press the Taliban Government to recognise the inalienable rights of women and girls.

[Lord Browne of Ladyton (Lab)]

My Lords, looking forward, Ukraine, like Afghanistan, has weak institutions and a long history of entrenched corruption in both government and civil society. Since December, the UNHCR has been piloting the use of blockchain technology to get cash to internally displaced people there, and in 2020, a trial in the Colombian public sector procurement process showed that hybrid blockchain technology has the potential radically to reduce corruption and increase transparency and accountability. What plans does the FCDO have to examine the benefits of blockchain, ensuring that UK aid gets through to where it is intended despite weak and corrupted state institutions, both in Ukraine—which will be a major recipient of aid in years to come—and elsewhere?

[Lord Goldsmith of Richmond Park (Con)]

My Lords, the department is and has been looking at other mechanisms, including blockchain, for delivering aid more effectively and minimising the risk of corruption, which is always there in the main trouble spots around the world—which include Afghanistan and, for different reasons, Ukraine. Notwithstanding its recommendations, the ICAI report was also very complimentary about the positive influence the UK has had in Afghanistan, in leveraging significant sums of finance from some of the multilateral development banks and ensuring that our own investments yield the kinds of results that taxpayers expect.

[Lord Swire (Con)]

My Lords, I believe that the most recent conference on Afghanistan was in Tashkent in 2022, but the last international conference on Afghanistan was in Geneva in 2020. Will my noble friend tell us whether there are any plans to convene another international conference on Afghanistan and, if not, whether the British Government might consider taking the lead on this? Would that not provide an opportunity to look again at corruption, the money that has gone missing and the money, particularly from the Gulf, which tends to go to the Taliban rather than the people of Afghanistan, whose need is so obvious?

[Lord Goldsmith of Richmond Park (Con)]

My Lords, I do not have details of upcoming conferences, but I will certainly put that question to my colleague, my noble friend Lord Ahmad, in whose portfolio that sits. It is of course the case that we work with friends and partners internationally on a continuous, routine basis to try to figure out the best approach to the problems in Afghanistan we are discussing, not least recent decisions by the Taliban to ban women taking part and working in NGOs and to prevent women and girls going to secondary school and university. All these issues are incredibly complicated and it is our view that no one donor country, or any country alone, can solve these problems. It is through these international partnerships that we have the most impact.

[Lord Purvis of Tweed (LD)]

My Lords, I declare an interest in that I chair the UK board of the charity Search for Common Ground, which is providing support for women and NGOs in Afghanistan in increasingly difficult circumstances. UK support to the Afghan Reconstruction Trust Fund, which was the biggest part of UK support under the previous Government, is now delivered through the World Bank. Part of that work is for women’s economic empowerment, which is now impossible to deliver. What mechanisms are in place for reassurance that UK taxpayers’ money is not being provided through multilateral bodies which are directly or indirectly facilitating the Taliban in persecuting and repressing women?

--- Later in debate ---

[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.

[Lord Alton of Liverpool (CB)]

My Lords, will the Minister tell the House whether it is the Government’s intention to continue to support restrictions on travel waivers from the United Nations for members of the Taliban while these reprehensible measures restricting women from receiving university education continue to be in place? Can he also say what he has done about the report sent to his department concerning the Hazara minority in Afghanistan and about reports that some of the members of that community are facing crimes against humanity and even genocide?

[Lord Goldsmith of Richmond Park (Con)]

My Lords, as I said in response to another question, we are routinely engaging with partners around the world to try to inhibit the worst excesses of the Taliban. We engage directly with the Taliban but that is not the same as recognising them—the distinction is important. As regards specific minorities within Afghanistan who are feeling the sharp end of Taliban oppression, I will need to ask my colleague, my noble friend Lord Ahmad, to report back to the noble Lord.

[The Lord Bishop of Chelmsford]

My Lords, as we discuss aid to Afghanistan, surely it is also right that we consider those who have worked with us so faithfully on the ground over the years to deliver educational goals. It remains the case that the Afghan citizens resettlement scheme has not resettled any of those who worked for the British Council. Can the Minister please set out what is being done to ensure the promised resettlement of those individuals?

[Lord Goldsmith of Richmond Park (Con)]

My Lords, I believe that so far 6,300 eligible people have been resettled through the first phase of the Afghan citizens resettlement scheme, and that was targeted specifically at those who assisted our efforts in Afghanistan, as well as at vulnerable people, which includes members of minority groups. The scheme is expected to provide up to 20,000 people with a safe and legal route to resettle in the UK. Of course, this is a Home Office responsibility but the FCDO works very closely with that department to make sure that the programme remains accessible and effective.

[Baroness Hodgson of Abinger (Con)]

My Lords, now that women are being prevented from working for NGOs, how will we ensure that aid reaches women-headed households, which are the poorest of the poor and now have no means of support?

[Lord Goldsmith of Richmond Park (Con)]

My Lords, it is very difficult. The decision by the Taliban—which, by the way, has no basis in morality or religion—is a clear breach of international humanitarian principles as accepted by everyone and is yet another violation of the fundamental rights of Afghan women. The reality is that as a consequence of this ban it is very difficult for NGOs in that country to deliver the kinds of services and support that they provided, which is why our principal goal has to be to heap pressure on the Taliban to reverse this decision. Until that decision is reversed, I am afraid that there is no easy answer to the noble Baroness’s question.

[Baroness Bennett of Manor Castle (GP)]

My Lords, to follow on from the right reverend Prelate’s question, the German development agency, GIZ, reports that in the last few months of 2022, Germany extracted 24,000 people from Afghanistan—people who had worked for the German authorities, in human rights, in the media and on women’s issues. Can the Minister explain to me the large difference between the German figure of 24,000 and the figure he just cited for Britain?

[Lord Goldsmith of Richmond Park (Con)]

My Lords, I am not close enough to the process to give the noble Baroness chapter and verse but, as I said, our expectation is that when that first phase is completed, 20,000 people will have received safe and legal passage into the UK.

State Immunity Act 1978 (Remedial) Order 2022

Lord Goldsmith of Richmond Park Excerpts

Monday 9th January 2023 Grand Committee

Moved by

[Lord Goldsmith of Richmond Park]

That the Grand Committee do consider the State Immunity Act 1978 (Remedial) Order 2022.

Relevant document: 7th Report from the Joint Committee on Human Rights

[The Minister of State, Foreign, Commonwealth and Development Office (Lord Goldsmith of Richmond Park) (Con)]

My Lords, I beg to move that the Committee has considered the State Immunity Act 1978 (Remedial) Order 2022. This instrument, which is subject to the procedure set out in Schedule 2 to the Human Rights Act 1998, was laid before Parliament in draft on 7 September 2022. It will be made once it is approved by both Houses. The instrument responds to the declaration of incompatibility in the judgment of the Supreme Court in Benkharbouche v Secretary of State for Foreign and Commonwealth Affairs.

This remedial order amends the State Immunity Act 1978 to allow a category of claimants to bring claims against their diplomatic mission or consular post employers. The remedial order will remove the incompatibility identified by the Supreme Court of the State Immunity Act with Articles 6 and 14 of the European Convention on Human Rights. It will apply from the date of the Benkharbouche decision in the Supreme Court on 18 October 2017.

Four former employees of diplomatic missions—Benkharbouche, Janah, Buttet and Ahmed—have been pursuing cases against His Majesty’s Government in the European Court of Human Rights, on the grounds that the incompatibility prevented them from bringing employment claims against their employer states. One case has recently been settled, and one was dismissed by the court. In the other two, His Majesty’s Government conceded and, in determining adequate redress, the court found fault with the extended delay for His Majesty’s Government to lay the remedial order.

The remedial order has been pending for some time, having been announced in the Written Ministerial Statement from the noble Lord, Lord Ahmad, of February 2021, following the judgment in 2017. This order will prevent further claims against the Foreign, Commonwealth and Development Office. The order will apply from the date of the declaration of incompatibility which, as I said, is 18 October 2017. The Government are aware of approximately 55 other claims against diplomatic missions in London working their way through the courts; the order would allow such historic cases to be brought before the employment tribunal and reduce the risk of future claims succeeding.

I thank the Joint Committee on Human Rights for both of its reports on the proposed order. The Government responded to the Committee’s first report in September 2022. In November 2022, the Government noted the contents of the second report and are grateful to the Committee for recommending that Parliament approve the remedial order.

To conclude, state immunity derives from the principle of sovereign equality of states. This principle, enacted in the UK by the State Immunity Act 1978, is based in part on the European Convention on State Immunity 1972, to which the UK is a party. The State Immunity Act 1978 contains a number of exceptions which recognise the distinction between a state’s actions of a sovereign character, such as making treaties, and actions of a commercial nature, such as buying goods and services or employing some staff. The intention of the order is to ensure the UK’s legal obligations are in line with international law and thus ensure that claims can be brought against the relevant states and thus prevent further claims against the UK. This should mitigate any potential future risk to the Government. I commend the order to the Committee.

[Baroness Northover (LD)]

My Lords, I thank the Minister for introducing this order, which we support. As he says, this order relates to how foreign states are granted immunity from prosecution for employment claims brought against them by workers in embassies based in the UK. He referred to the Supreme Court decision in 2017 which concluded that the UK was in effect granting more immunity than was internationally required. Thus certain categories of employees, such as domestic workers, were wrongfully denied the right to take their cases to court, which was incompatible with the European Convention on Human Rights.

--- Later in debate ---

[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.

Motion agreed.