International Criminal Court

Debate between Lord Lea of Crondall and Baroness Anelay of St Johns

Wednesday 8th February 2017 Lords Chamber

[Baroness Anelay of St Johns]

The noble Baroness raises a very important point. It is the case that countries which are states parties should, indeed, ensure that those who are indicted by them are then arrested. I was able, as I mentioned a moment ago to the noble and learned Lord, to discuss these wide matters with South Africa. The UK and EU partners have conducted demarches in countries which failed to arrest President Bashir. We agree with the noble Baroness that achieving justice for victims should be at the heart of the international community’s response to mass atrocity violence. It is important that fugitives from international justice do not just get away.

[Lord Lea of Crondall (Lab)]

My Lords, the substantive decision of the African Union, as I understand it, was not withdrawal but a call for regionalisation of the ICC. Does the Minister agree that one very important issue that arises about that concerns the consequences of regionalisation and the need to ensure continuation of three principles: first, due process of taking evidence; secondly, penalties meeting an international standard; and thirdly, the ability still to make appeals at a global level?

[Baroness Anelay of St Johns]

My Lords, as I mentioned a little while ago, I think there has been a little misreporting or misunderstanding of what was decided at the African Union. However, the noble Lord makes an important point. We welcome initiatives, whether at regional or international level, to support international justice and accountability, so we are willing to listen to all ways that can take us forward. The most appropriate forum for discussion of issues that states may have with the ICC is the Assembly of States Parties, which I have attended in the two years for which I have had the justification, as Minister, for doing so. We make our points very strongly there, both in the forum itself and bilaterally.

Yemen: Breaches of International Humanitarian Law

Debate between Lord Lea of Crondall and Baroness Anelay of St Johns

Monday 5th September 2016 Lords Chamber

[Baroness Anelay of St Johns]

The noble Lord makes a very acute observation. I would call upon Iran to make best efforts to avoid doing anything to protract the conflict in Yemen. It is important that in both circumstances Saudi Arabia and Iran are in a position where they make sure that peace can happen. For any country anywhere to carry out a proxy war is something we should deplore.

[Lord Lea of Crondall (Lab)]

My Lords, is it not a concern to Her Majesty’s Government that, although in the UN system and so-on ex-President Saleh is not the legitimate Government, the legitimate Government have been attacked? The attacks on the ex-government forces are legitimate, according to the UN system. I am following the noble Lord, Lord Wallace of Saltaire, here. The Statement says it,

“would … not be possible in conflicts to which the UK is not a party”.

Are the Government not concerned that we are thought to have a dog in this fight and that we are on the side of the Saudis?

[Baroness Anelay of St Johns]

My Lords, to use the noble Lord’s rather straightforward analogy, we do not see ourselves as a dog in the fight. We see ourselves as the dog in the peace, working through the United Nations to try to achieve peace. The quad met last week, and we are disappointed that it was not possible for peace to be achieved. We are not going to give up on that. We will continue our work through our allies, and particularly through the UN, to achieve what Yemen needs: to be in a position where 80% of its population can feed themselves instead of being in such dire conditions.

European Union Referendum Bill

Debate between Lord Lea of Crondall and Baroness Anelay of St Johns

Monday 23rd November 2015 Lords Chamber

[Baroness Anelay of St Johns]

My Lords, I am grateful to the noble Baroness, Lady Morgan, for pointing out that this is a probing amendment. She was able to give us enough advance notice of this late-stage amendment to enable us, I hope, to gather together the reassurances that she and others rightly seek. Under charity law, political activity by charities is subject to strict rules. Charities are also subject to requirements of electoral law. My noble friend Lord Hamilton asked for some clarification on what appears to be obfuscation. That is what I hope to do at this stage, because he is right: it is important that the role of charities is clear and respected.

In England and Wales under charity law, a charity may engage in non-party political activity to support its charitable purpose where the trustees consider it to be an effective use of the charity’s resources. One is thereby pursuing the reason why the charity has been set up—what its mission is—but one is not permitted to take part in party-political activity. A charity must never support a political party or candidate, and must always take care to preserve its independence when engaging in any political activity.

Charity law is devolved in Scotland and Northern Ireland, but the rules are similar. There is already guidance for charities on referendums: for example, the Charity Commission for England and Wales published guidance in July 2014 entitled Charities, Elections and Referendums. The Office of the Scottish Charity Regulator published guidance last year ahead of the referendum on Scottish independence. The Charity Commission for Northern Ireland has produced general guidance for charities in Northern Ireland on political activity.

So we have had Charity Commission guidance in England and Wales, and the Scottish Charity Regulator and Northern Ireland Charity Commission have issued guidance. To complete the picture, the Charity Commission for England and Wales has already said that in principle it will be happy to work with the Electoral Commission, the Office of the Scottish Charity Regulator and the Charity Commission for Northern Ireland on this subject. However, it does not believe that there is a need for much additional material given the existing guidance for charities across the UK, some of which I have just referred to.

The Charity Commission for England and Wales and the Electoral Commission are meeting tomorrow to discuss the joint promotion and communication of their guidance in order to promote charities’ awareness and understanding of the rules that apply. I also understand that the UK charity regulators are due to meet later this week, providing a timely opportunity to discuss this issue and consider the potential for collaboration on such guidance. While the provisions of the Bill apply across the UK, we must recognise that charity law is devolved in Scotland and Northern Ireland. We must therefore also respect the independence of the different regulators and their entitlement to reach their own views in particular cases.

Given my explanation about the collaboration that is not just happening normally but is happening now, we do not believe that the amendment is necessary, given the willingness of the Electoral Commission and UK charity regulators to work collaboratively on this specific subject.

I do not think that the noble Baroness intended her amendment to be self-operative, because clearly it will create an unnecessary burden for the regulators, which she does not intend. She asked me to say whether the regulators have demonstrated a willingness to collaborate on guidelines. I say yes, and they are coming up with the evidence for that, as well.

[Lord Lea of Crondall (Lab)]

Before the Minister sits down, I am intrigued by whether she is saying that this is a one-off issue of conversation to do with the referendum, or is the word “political” and how it is used by the Charity Commission for England and Wales going to be subject to some new regime?

[Baroness Anelay of St Johns]

My Lords, perhaps I can unpack two parts of my response. With regard to the word “political”, clearly there are regulations and guidance that cover political activity across the whole range of what may happen in the United Kingdom, obviously including Scotland and Northern Ireland. So there is therefore a basis on which the regulators and charities work.

I then referred separately to the meetings that are taking place this week, which are looking specifically at the referendum and what it might entail. So we are applying the general to the particular to ensure that the way they collaborate is effective for the particular referendum. I hope that that is helpful.

European Union Referendum Bill

Debate between Lord Lea of Crondall and Baroness Anelay of St Johns

Monday 2nd November 2015 Lords Chamber

[The Minister of State, Foreign and Commonwealth Office (Baroness Anelay of St Johns) (Con)]

My Lords, Amendment 24 moved by the noble Lord, Lord Kerr, calls for the Government to set out the relationship that it envisages having with the European Union in the event of a vote to leave. The amendment states that this report would have to be published 12 weeks before the date of the referendum and goes even further than that. It requires the Government to provide detail on the acceptability of hypothetical arrangements from the point of view of the 27 other member states. That seems unrealistic. I have just been listening to the noble Baroness, Lady Morgan, give details of some of the implications of Article 50. Amendment 24 seems to be asking the Government to put the cart before the horse before the horse has even bolted.

[Lord Lea of Crondall]

My Lords, I am sorry. There will not be many interruptions to the noble Baroness’s speech from the Labour Benches. Is she saying that it is unrealistic to consider the acceptability of this arrangement to every other member state? Does she not accept that that is very important? Indeed, it would be game, set and match if it were the case that not all 27 other member states agreed. Is it not essential to consider how it would be with all those vetoes around the place? If we are not careful, we will be in a very difficult position. She cannot utter that little phrase and have nothing more to say about it. Is it not rather important?

Zhang Kai

Debate between Lord Lea of Crondall and Baroness Anelay of St Johns

Thursday 22nd October 2015 Lords Chamber

[Baroness Anelay of St Johns]

My Lords, I always do my very best to meet those who seek to meet me. I have to say that my attention has been somewhat diverted at the moment by the European Union Referendum Bill. However, I will certainly see what I can do with regard to his request. I am very glad that the noble Lord, Lord Alton, has put on record the work of Zhang Kai, which is significant. He is one of those people whose bravery can only be admired by those of us who see the importance of human rights defenders around the world.

The noble Lord is right: we are extremely concerned about the activity of crosses being removed. We are told that, sometimes, the rationale behind that is that there are planning restrictions, but it seems odd to us. Certainly, detention and disappearance should not be part and parcel of a normal judicial system. Perhaps we will have the opportunity to look at this further when the noble Lord has a Question for Short Debate in the Moses Room about Article 18.

It is important that we continue our discussions on these matters. Last week at the FCO, my right honourable friend Hugo Swire, who has country-specific responsibility for China, met 14 people from the China NGO Network, representing those who have a particular interest in fighting for human rights in China.

[Lord Lea of Crondall (Lab)]

My Lords, does the Minister think that one way of responding to the disconnect alluded to by the noble Lord, Lord Wallace of Saltaire, is to say that the deepening of our relations on industrial and such matters reinforces the need and the moral duty to raise human rights issues?

[Baroness Anelay of St Johns]

My Lords, I certainly believe that a constructive economic relationship with another country gives one the opportunity to have a stronger voice on why human rights should underpin a stable and responsible government. That voice does not have to be a clarion call; it can be more modest. I am reminded that Tony Blair made the point that,

“ persuasion and dialogue achieve more than confrontation and empty rhetoric”.

I cannot often agree with him, but I do there.

Ukraine

Debate between Lord Lea of Crondall and Baroness Anelay of St Johns

Tuesday 10th February 2015 Lords Chamber

[Lord Lea of Crondall]

Does the Minister agree that it would play into President Putin’s hands to supply arms to the Ukrainian Government and make his position in Russia and his thesis about Western conspiracy more credible to the Russian people?

[Baroness Anelay of St Johns]

My Lords, that is precisely one of the political judgments that would need to be taken by each and every member of NATO before they took such an action.

Yemen

Debate between Lord Lea of Crondall and Baroness Anelay of St Johns

Wednesday 21st January 2015 Lords Chamber

[Baroness Anelay of St Johns]

My Lords, I will refer to the core issue, which is the safety of British citizens. There are very few British citizens registered with us in Yemen and we have good contact with them. Clearly, if they have not registered, we do not know they are there, and that is a rather different matter. I emphasise again that since early 2011 we have advised against all travel to Yemen. Security of the area is a matter of agreement between the main actors there. My focus has to be, as the noble Lord stressed in his question, the safety of British citizens in Yemen. We are monitoring that on an hour-by-hour—if not minute-by-minute—basis. If they cannot contact the British embassy, they may contact any EU embassy and receive the same service.

[Lord Lea of Crondall (Lab)]

There are problems in the history of this. The bin Laden family, as is well known, had Saudi connections and lived in Yemen. The Wahhabi doctrines pumped out of Riyadh are what inspired the bin Laden campaign. Will the Minister comment on our relations with the Saudi Arabian regime, which are very active, as we understand it? Can it be ascertained whether the Saudis are still facing two ways on the question of the theological doctrines that they are trying to export to the rest of the Arabian peninsula?

[Baroness Anelay of St Johns]

My Lords, the noble Lord will be aware that there are discussions in London tomorrow at which the Saudi Arabian Government will be represented. Those discussions will focus on joint action against the spread of terrorism. I think that it would be wrong of me at this stage to posit what the Saudi Arabian position might be and how it might develop. Tomorrow is a vital meeting. We hope that it will set us on a track that will mean we can then more broadly work with the rest of the countries in the United Nations to ensure that more stability returns to such a strife-riven region.

Raif Badawi

Debate between Lord Lea of Crondall and Baroness Anelay of St Johns

Tuesday 20th January 2015 Lords Chamber

[Baroness Anelay of St Johns]

My Lords, one of the priorities of the Foreign Office is that the death penalty should be abolished throughout the world. However, it is clear that Saudi Arabia is not yet in a position where it will consider that. Sharia law is part of the very nature of its operations in the judiciary, and therefore we are not going to move to abolition. However, that does not stop us making strong representations about it. The House can be assured that at every opportunity I make the point that the death penalty does not work—quite simply, it is wrong in itself. The more we can explain that to countries around the world, the more we can improve the kind of result that we had in the United Nations vote before Christmas and the more we can persuade other countries to follow the right route, which is to abolish the death penalty.

[Lord Lea of Crondall (Lab)]

My Lords, do the Saudi Government claim that the autonomy of their penal code is unqualified? If so, they will not accept the Universal Declaration of Human Rights. However, if it is qualified, is there not a procedure whereby they can be taken through a process in the international community?

[Baroness Anelay of St Johns]

My Lords, in this respect, as the noble Lord, Lord Bach, hinted, the Saudi Arabian Government have signed up to the convention against torture but they are in breach of that. The United Nations can consider that and take it into account in any action it feels it wishes to take, if any.

Bosnia and Herzegovina

Debate between Lord Lea of Crondall and Baroness Anelay of St Johns

Tuesday 21st October 2014 Lords Chamber

[Lord Lea of Crondall]

I asked whether the Minister would agree that, in some respects, the third leg of the tripod with the Bosniaks is Turkey, investment-wise and in other ways. It is very interesting in terms of the future of Europe that you have this Islamic link. I am surprised that the Minister has not answered that question.

[Baroness Anelay of St Johns]

Perhaps I may save time and jump ahead to that issue, which was to have been covered later in my speech. I will leap to it immediately.

We certainly believe that it is important for Ankara to play a positive role in encouraging reform. We believe that both Turkey and Bosnia and Herzegovina share a common EU future. When they have met all their requirements for membership, they will, I hope, enter the EU, and I look forward to that day. I hope that that assists the noble Lord. He is right, though, to point to the influence of other countries bordering and near Bosnia and Herzegovina on the development of that whole area and the importance of its security.

I will skip a bit of my speech as I have just one minute left. It was important to hear from noble Lords about the importance of civil society—something to which we will return. It is also vital that we reflect upon the importance of having Operation EUFOR Althea in place for the security of the area. We are proud to be active supporters of that mission, with a company of troops on standby and more than 90 soldiers on the ground.

The noble Lord, Lord Griffiths, referred to the matter of visas. I am aware, of course, that not all members of the group from Srebrenica travelling to the UK were able to secure visas on that occasion. There were problems about the technicalities of this but I specifically welcome the noble Lord’s efforts. I hope that in future we can seek to rearrange that programme. It is not over.

In conclusion, it is clear to me that we have so much to do to make sure that Bosnia can become a prosperous, stable and united country, but there is a path towards that—its path is towards the EU and NATO. We have a job to do, and we will do it with this House’s help.

Business of the House

Debate between Lord Lea of Crondall and Baroness Anelay of St Johns

Thursday 31st January 2013 Lords Chamber

[The Deputy Chairman of Committees (Baroness Anelay of St Johns)]

My Lords, since reference has been made personally to me, on this rare occasion perhaps I may assist the Leader of the House at the Dispatch Box. This is a Conservative Party debate day and the House decided as a matter of procedure that the time allocated would be five hours, as an envelope. That time limit may, in exceptional circumstances and in consultation with the Leader of the House, be extended to six hours. That has happened on one occasion in the past two and a half years, and it was of course open to the usual channels to consider it. However, as I explained yesterday to several Peers individually, even if extra time had been allocated to the first debate, that would not have given each Member one extra minute. It would not have made a difference.

Peers have quite rightly raised the question of the importance of these matters. In a brief discussion with the noble Lord, Lord Bassam, the opposition Chief Whip, I made it clear that I was not going to invite the chairman of my Back-Bench committee, the Association of Conservative Peers, to surrender the only debate that he has had in this Session. In the past two and half years, he has only had one, in the last Session. He is leading our second debate and I would not ask him to abandon it. It could not be moved to another date as this is the last Conservative debate day until the next Session. That is how precious it is.

I have also indicated that I am very happy to look at the possibility of a debate on another day, in prime time, on an issue such as Europe, where I have had representations that have been most fairly made. On that basis, we should now move on. We have important speeches to be made, and this House has made it clear in the past that speeches can be succinct. I can assure the House that I am looking at a way of ensuring that they can be less succinct perhaps on another occasion. It is time to move on and allow those who wish to speak in the debates to do so.

[Lord Lea of Crondall]

How is it that one hour does not accommodate one extra minute for 40 people?

[Baroness Anelay of St Johns]

My Lords, there are two debates today, half an hour each. Two into one hour goes 30 minutes each, not one hour each.

Motion agreed.