Commonwealth: Zimbabwe

Debate between Lord Goldsmith of Richmond Park and Baroness Garden of Frognal

Thursday 12th January 2023 Grand Committee

[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.

Environment Bill

Debate between Lord Goldsmith of Richmond Park and Baroness Garden of Frognal

Committee stage
Wednesday 7th July 2021 Lords Chamber

[Lord Lucas (Con) [V]]

My Lords, I am very grateful to my noble friend for his comprehensive replies, but there are a number of areas I would like him to expand on—if he chooses, by correspondence. In the case of the first, it may be best to have an online meeting, should that be possible.

I would really like to walk through with him what happens if we have a medium-sized housing development with on-site diversity gain and, 10 years later, someone questions whether that gain has been maintained, or even achieved. What information will be available to that person? How will they, in practice, be able to challenge it? Exactly what will that information look like? Professional good practice guidelines do not seem a very strong basis for challenging whether something comes up to standard; they are pretty woolly at the moment. Will something be set that can actually be judged against?

If there is a question over whether the gain has been maintained, who will be responsible for taking action? How can an ordinary citizen kick them into taking action? Where, in practice, will the money from a housing estate of maybe a couple of hundred houses be extracted from to make good the lack of performance? How is this actually going to work? As I said, this may be best dealt with as a meeting, but if the Minister chooses to burst into print on it, I shall be delighted.

Secondly, can my noble friend share with us his concerns about perpetuity rather than 30 years? There are lots of aspects of land where perpetuity is normal. No one expects to get out from under an SSSI or building listing, and I do not expect to get out from under the covenants that apply locally to the Duke of Devonshire. Those go with the land and one expects them to be there forever. If one has made improvement to the biodiversity of a piece of land, maintaining that forever or compensating for a failure to do that by providing additional biodiversity elsewhere or onsite seems to fit well with perpetuity, and I cannot comprehend where this opposition is coming from in practice. We are all [Inaudible].

Thirdly, can the Minister answer on whether the biodiversity gain in a particular development will be linked to the local nature recovery strategy or be independent from it, and if it is linked, how does it work?

Lastly, I should be grateful to understand the Minister’s response to the letter that the department has received from my right honourable friend Bim Afolami.

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

Minister, I think that it is your turn now.

[Lord Goldsmith of Richmond Park (Con)]

The short answer to the first question is that, were such a thing to happen, it would be a breach of planning permission, and the local authority could enforce that. I am happy to have the meeting that the noble Lord has asked for—but it would a breach of contract and the rules.

On the issue of 30 years, I feel that if I were to answer that question, I would be repeating what I had said earlier. Again, I am happy to discuss that when we meet, but the argument is that the 30 years is not a maximum. We will have an increasing number of protections for the land over time. That is part of the government programme and is a commitment that we have made. However, most importantly, we need to get land into the system. We have had many discussions in relation to the tree strategy and the incentives that we are creating there to encourage people to give over some of their land for tree planting. It is difficult. It does not matter what the incentives are—it is difficult—and if one were to ask people to make their commitments in perpetuity, that would limit the market for us and make our job much more difficult. That is the bottom line and the main reason.

Environment Bill

Debate between Lord Goldsmith of Richmond Park and Baroness Garden of Frognal

Committee stage
Monday 28th June 2021 Lords Chamber

[Lord Goldsmith of Richmond Park (Con)]

I thank noble Lords for this important debate. Before I get into the points raised, I thank the noble Baroness, Lady Taylor of Bolton, and all members of the Constitution Committee for their recent report on the Bill’s measures. My officials and I will review their recommendations and will issue an official government response in due course.

In the coming days, we will debate the OEP in detail in numerous groupings, including those on guidance—an issue raised by the noble Baroness, Lady Boycott, and the noble and learned Lord, Lord Hope—and on fines, which were raised by the noble Baroness, Lady Jones, and the noble Lords, Lord Cameron and Lord Whitty. We will also debate it in the group on finance and the group on enforcement, led by Amendment 104. All these issues will be covered in detail.

I will make one or two points on comparisons with the EU. The OEP will be able to liaise directly with the public body in question to investigate and resolve alleged breaches of environmental law. The EU cannot liaise directly with public bodies; only member state Governments can. It can take years for cases to reach resolution through the EU infractions system; our framework will resolve issues more quickly. The OEP can apply for a range of judicial review remedies, such as mandatory and quashing orders, subject to the safeguards we have already discussed. The Court of Justice of the European Union cannot issue these remedies to member states; the only mechanism available to it to ensure compliance with its judgments is the threat of fines several years later. We have the vastly stronger mechanism of mandatory court judgments.

The OEP is being established with a dedicated purpose to monitor the implementation of, and enforce compliance with, environmental law, holding public authorities to account. It is designed specifically for our domestic context, as a non-departmental public body, following the constitutional framework of other public bodies with a watchdog function over government, such as the Committee on Climate Change, which I think most noble Lords who have discussed it would agree has been enormously effective and actually lacks the kind of teeth that the OEP is being given.

Therefore, I reiterate our commitment to delivering an independent body to hold government and other bodies to account. As announced on 7 June, the first non-executive board members have been appointed by the Secretary of State after consultation with the chair designate, Dame Glenys Stacey, and they will soon be available to be involved in activities to support the OEP and any interim arrangements. Notwithstanding the warning that I received from the noble Lord, Lord Rooker, I thoroughly recommend looking at this list of appointees because noble Lords will see the depth of expertise that is already forming within the OEP. This demonstrates a commitment to ensuring that it will be a formidable independent organisation, with environmental protection at its heart.

Turning to the point made by the noble Baroness, Lady Boycott, the Bill grants the Secretary of State no power to interfere in the OEP’s decision-making on specific or individual cases. The Secretary of State cannot tell the OEP what to do in a way that undermines its discretion and obligation to reach its own decisions. There is of course plenty of room for legitimate debate around the measures that may or not be required to improve the OEP in various ways, but I think that even its sharpest critics would balk at the idea that it is merely another function of the Secretary of State, as one noble Lord put it. This is far removed from the reality, and I encourage noble Lords to really go through the detail of the Bill relating to the OEP. Nor can it reasonably be said that, as currently proposed and structured, it will be anything like judge and jury—a point made by my noble friend Lord Caithness said. Again, I encourage noble Lords to actually examine the Bill in relation to the formation of the OEP.

Turning to specific amendments, I begin with Amendment 85 tabled by the noble Baroness, Lady Jones of Whitchurch. I reassure her that there is already a proper role for Parliament in the public appointments process for significant posts, which is to scrutinise the actions of Ministers in making appointments. She will know—as does my noble friend Lady McIntosh—that the Environment, Food and Rural Affairs Committee and the Environmental Audit Committee jointly carried out a pre-appointment hearing with the Secretary of State’s preferred candidate for the OEP chair and confirmed her suitability for the role. We would of course similarly expect the Secretary of State to duly consider any recommendations made by the committees in relation to the appointment of future chairs.

The Government do not believe it necessary to prescribe a particular role for Parliament in scrutinising the appointments of other non-executive members. The OEP chair has been and will in future be consulted on this, as required by paragraph 2 of Schedule 1 to the Bill. Ultimately, Ministers are accountable and responsible to Parliament for public appointments and they should retain the ability to make the final choice. The amendment would reverse this and is unnecessary, given the important role that Parliament already plays.

I turn to the amendments of noble Lord, Lord Cameron of Dillington. I assure him that the Government are committed to establishing the OEP as an independent body, and the provisions in the Bill allow us to do this. The OEP will be established as a non-departmental public body, and we believe that this is the best model to achieve a balance of independence, value for money and accountability. For example, the Climate Change Committee is also a non-departmental public body, as is the Equality and Human Rights Commission, but, in the case of the former, I do not believe that there is any requirement on the Secretary of State to have due regard for its independence.

The OEP will be governed by non-executive members, who will appoint the chief executive as per long-established practice. These members will go through the appropriate appointments process, which is regulated by Her Majesty’s Commissioner for Public Appointments.

My concern is that the amendments of the noble Lord, Lord Cameron of Dillington, could create significant confusion regarding what is a well-established model, leading to a significant delay in getting the OEP up and running. For instance, the chief executive, if there were one, would be subject to a completely different appointment process from the rest of the board and, crucially, the chair, blurring accountability structures both within and outside the organisation.

I assure the noble Lord, Lord Cameron, on his Amendment 91, that several provisions in the Bill already ensure that the funding of the OEP is safeguarded. First, paragraph 12 of Schedule 1 states that the Secretary of State must provide such funding as is considered “reasonably sufficient”. This is a novel provision, intended to work in conjunction with the duty on the OEP to provide to Parliament an assessment of whether it received sufficient funding. Ministers will be held to account if it is deemed that the funding is not sufficient. The OEP may also submit to a Select Committee any evidence that it believes makes a case for additional funding.

The Government have committed to a ring-fenced multiannual funding envelope within the remits of the spending review, which will be regularly reviewed. For added transparency and to enable further parliamentary scrutiny, the OEP’s budget will be set out as a separate line in Defra’s supply estimate.

I hope that this is not outside protocol, but I will answer the question of the noble Lord, Lord Krebs, that I did not answer in the previous debate. He is right that proportionality is an element of the precautionary principle; nevertheless, it is important that proportionality be also applied across all of the five other wider principles in the Bill, not just the precautionary principle. I apologise for not having made that clearer earlier.

I hope that this extensive package reassures the noble Lord, and that he withdraws his amendment.

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

I have received a request to speak after the Minister from the noble Lord, Lord Teverson.

[Lord Teverson (LD)]

My Lords, I get the impression from that short reply that the Minister does not understand the gravity of what was said around the Chamber. I understand that we are coming back to this issue and Clause 24 on another occasion, but in his description of the OEP’s relationship to the Secretary of State he asked Members to “examine the Bill”. I am looking at Clause 24, which says:

“The Secretary of State may issue guidance to the OEP on the matters listed in section 22(6) (OEP’s enforcement policy).”


If that were not bad enough, the next sentence is:

“The OEP must have regard to the guidance in … preparing its enforcement policy, and ... exercising its enforcement functions.”


That drives a coach and horses through what he has said.

I come back to his point about the Climate Change Committee. Whatever the arguments are about it—and we all believe it is a hugely fantastic organisation for this country—it does not have an enforcement role in terms of the Government; the OEP does, and that is the big difference. Perhaps he could give those items more attention.

Environment Bill

Debate between Lord Goldsmith of Richmond Park and Baroness Garden of Frognal

Committee stage
Wednesday 23rd June 2021 Lords Chamber

[Lord Goldsmith of Richmond Park (Con)]

On the second point, yes, when it comes to the individual steps that would be taken by the Government to achieve those targets, they will be fully costed. That applies across the board, whether they are Defra steps or MHCLG.

On the first point, we want a sensible approach. We are choosing species for the targets because, as I said earlier, if we choose the correct indicator species that tells a story about the health of the wider environment. This is slightly different to the point that my noble friend was making, but we also want to move away from a “computer says no” planning approach which is not based on common sense. That is why there are powers in the Bill allowing us to tweak and reform the habitats directive, for example, but I assure the House that the absolute intention there is that whatever changes are made to speed the process up, the outcome for the environment will be at least as good as it currently is under those rules. The whole purpose is to deal with the problems that she has just identified.

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

May I remind noble Lords that questions after the Minister are short questions for elucidation.

Mozambique: Militant Violence

Debate between Lord Goldsmith of Richmond Park and Baroness Garden of Frognal

Wednesday 17th March 2021 Lords Chamber

[Lord Goldsmith of Richmond Park (Con) [V]]

My Lords, we are of course deeply concerned by numerous reports that we have received more recently and the horrific videos released in September showing alleged human rights abuses by the Mozambiquan security forces—really appalling scenes. We have urged the authorities to ensure that there is a full investigation to identify the perpetrators and to bring them to justice. The Foreign Secretary and the Minister for Africa have both publicly condemned the vicious attacks and will continue to raise this issue at every opportunity.

[The Deputy Speaker (Baroness Garden of Frognal) (LD)]

My Lords, all supplementary questions have been asked.

VSO: Volunteering for Development Programme

Debate between Lord Goldsmith of Richmond Park and Baroness Garden of Frognal

Tuesday 16th March 2021 Lords Chamber

[Lord Goldsmith of Richmond Park (Con) [V]]

My Lords, the current phase of the V4D programme was originally due to end on 31 March last year, but we extended it for a year principally so that VSO could support vulnerable communities across the globe through the challenges of the pandemic. As I have said, no decision on the next step has been made yet, but it will be made shortly.

[Baroness Garden of Frognal (LD)]

My Lords, following the last speaker, can the Minister say why the Government halted the International Citizen Service, which has provided many community, business and political leaders of the future? How can the Government be so negative in funding programmes that support girls’ education, health systems and much else in parts of the world where development and soft power are key to government priorities?

[Lord Goldsmith of Richmond Park (Con) [V]]

My Lords, despite the changes that were recently announced, our aid budget will continue to serve the primary aim of reducing poverty in developing countries through a number of different means. The new strategic approach to ODA will ensure that every penny we spend goes as far as possible and makes a world-leading difference. The Foreign Secretary has set out how we will deliver better results for the world’s poorest, as well as for the UK, through focusing on the seven global challenges where the UK can make the most difference.