Sri Lanka: Human Rights

Maria Miller Excerpts

Wednesday 20th March 2024 Westminster Hall

[Elliot Colburn]

My right hon. Friend is absolutely right; there is increasing concern about Chinese influence on the island. That is something my right hon. Friend has spoken very powerfully on, and I hope that the Government have listened.

Sri Lanka has a long history of truth commissions—they have held over 15 since independence—but none of them have delivered meaningful justice or accountability, and the proposed truth and reconciliation committee seems destined to follow the same path. The Tamil community remains deeply sceptical; it advocates for an independent international mechanism with the power to investigate and prosecute impartially. The Government however appear to view the TRC as a way to escape international scrutiny at the UN Human Rights Council.

Truth-telling is crucial for transitional justice, but it should not come at the expense of holding perpetrators accountable. The Sri Lankan Government’s past failures to deliver on those promises raises serious concerns. A genuine TRC should prioritise justice for victims, not serve as a tool for escaping international pressure.

Sri Lanka’s commitment to the UN Human Rights Council process has crumbled. After failing to show meaningful progress on resolution 30/1, they shockingly withdrew their co-sponsorship of it in 2020. Even the limited progress that has been made is now being reversed. A recent UN report from September last year painted a bleak picture:

“Sri Lanka suffers from a continuing accountability deficit”.

From war crimes, to recent human rights violations, corruption and abuse of power, the path to justice remains blocked. No Government has established a judicial mechanism to deliver justice in the emblematic cases outlined by the UN Human Rights Council. Allowing Sri Lanka to continually renege on its international commitments weakens the credibility of the UNHRC and its member states. The fight for accountability must not be abandoned.

Sri Lanka’s war crimes remain unpunished. Despite overwhelming evidence, no perpetrators have faced sanctions under the UK’s new Magnitsky Act-style legislation. This inaction stands in stark contrast to Canada, which sanctioned former President Rajapaksa for his wartime actions, and the US, which sanctioned General Shavendra Silva—whose division still stands accused of horrific abuses. The UK must act; holding war criminals accountable is essential for justice and a crucial step towards a more peaceful future.

I believe that the UK’s relationship with Sri Lanka needs a critical review. Military co-operation must be suspended until Sri Lanka removes personnel implicated in human rights violations from its security forces. The UK should also refuse diplomatic access and diplomatic roles to anyone accused of such abuses. Trade deals and concessions require re-evaluation in light of Sri Lanka’s failure to uphold human rights commitments, and sanctions are a potential tool to pressure reform.

Furthermore, the UK should make all future bilateral and multilateral ties with Sri Lanka contingent on concrete progress, that includes reconciliation among ethnic and religious groups. Sri Lanka should investigate and prosecute war crimes and human rights violations, return stolen land, resolve disappearances and reduce the military presence in former conflict zones. Ultimately, the island must demonstrate respect and uphold the rights and freedoms of all its people, regardless of ethnicity or religion. Investigating and prosecuting human rights abuses is critical to achieving that. By linking its support to those vital changes, the UK can play a significant role in pushing Sri Lanka towards a more just and peaceful future.

Sri Lanka’s human rights record casts a long shadow and demands a firm international response. The UK, along with other nations, has a crucial role in holding the country accountable. First, those accused of human rights crimes cannot escape unscathed. Targeted sanctions against officials can deliver a powerful message. Additionally, the principle of universal jurisdiction allows countries to pursue legal action against perpetrators on their own soil, regardless of where the crimes were committed.

The International Criminal Court offers another avenue for justice. The UK can collaborate with civil society to submit communications to the ICC’s prosecutor, urging a preliminary examination of potential crimes that fall under that court’s jurisdiction. Furthermore, Sri Lanka’s potential breaches of human rights treaties cannot be ignored. The International Court of Justice can be used to address the issues we are talking about —specifically, torture, enforced disappearance and racial discrimination.

Trade concessions granted to Sri Lanka under the developing countries trading scheme should not be unconditional. The UK can leverage those benefits by making them contingent on demonstrable progress in three key areas: the military must be purged of those implicated in human rights abuses, the Prevention of Terrorism Act must be repealed, and those responsible for well-documented human rights violations must be brought to justice. By employing that approach, the UK and the international community can send a clear message that human rights violations will not be tolerated. Those actions can and will exert significant pressure to push Sri Lanka towards a future in which the rights of all its people are respected. In particular, the Tamil people should achieve the peace, justice, accountability and truth that they have so long fought for.

[Dame Maria Miller (in the Chair)]

I call Jim Shannon.

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[Dame Siobhain McDonagh (Mitcham and Morden) (Lab)]

It is a pleasure to serve under your chairship, Dame Maria. I congratulate the hon. Member for Carshalton and Wallington (Elliot Colburn) on securing the debate, and it is a pleasure to follow the hon. Member for Strangford (Jim Shannon), who has so frequently spoken in support of the Tamil people.

I hope that I am a friend of the Tamil community: a community that is hard-working and entrepreneurial, and that has given so much to our country and our capital city. It has an almost obsessive desire to educate its children to ensure that they are the future doctors, lawyers, engineers and accountants who will make such a great contribution.

I am well aware of the tenacity of the Tamil community. In the 14 years since the end of the Sri Lankan civil war, I have stood alongside Tamils in my constituency of Mitcham and Morden on the road to justice, peace and accountability. Those 14 years have presented so many challenges and such little progress, but so much pain.

Not only have we called for accountability for the terrible war crimes committed 14 years ago, but we are calling for an end to the human rights abuses that are still being experienced by the Tamil community in Sri Lanka today. That starts with repealing the sixth amendment, which continues to be a barrier to Tamil self-determination. The sixth amendment criminalises support, in Sri Lanka or abroad, for the establishment of a separate state within the territory of Sri Lanka. Anyone convicted of violating the sixth amendment faces losing their passport and will not be able to sit for public exams or even qualify for a trade that requires a licence. It prevents Tamils at home and abroad from coming together freely to express their political aspirations.

It is not just about the sixth amendment—we need to go further than that. The 13th amendment stops elected members of provincial councils from using their powers and instead gives them to unelected governors controlled by the Sri Lankan President. That leaves Tamils powerless when the state takes ancient Tamil places of worship and converts them into Sinhala Buddhist temples. Tamils have nowhere to go.

Back in the UK, I had hoped that at the last Cabinet reshuffle we might have got a Foreign Secretary who would take some action on Sri Lankan human rights—a Foreign Secretary who had more than warm words for British Tamils calling for justice. What did we get? We got Baron Cameron of Chipping Norton, who has spent his time out of office being paid by a Chinese state enterprise to promote a commercial court in Sri Lanka, promoting a Rajapaksa-era mega-infrastructure project.

[Dame Maria Miller (in the Chair)]

Order. I remind the hon. Lady that she should not be criticising colleagues who are sitting in the House of Lords.

[Dame Siobhain McDonagh]

I will then make a statement of fact: David Cameron worked on behalf of a Chinese state enterprise to promote a commercial port in Sri Lanka, promoting a Rajapaksa-era mega-infrastructure project. I do not believe that that was in the interests of the Tamil people in Sri Lanka, and I do not think it was in the interests of this country, either. My Tamil constituents deserve better.

There seems to be an attitude in the Foreign Office, which I have witnessed during Labour Governments and Conservative Governments, of there always being a need for discussion and encouragement. Nothing that I have seen in Sri Lanka over the years since the civil war suggests that the Sri Lankan Government will ever react to anything but force and determination, rather than encouragement or negotiation. Hundreds of thousands of people who disappeared during the civil war have still not been found, and not one person has been prosecuted for committing a war crime.

There are more questions than there have ever been. On occasion, it seems to me to be just ticking a box and some mealy-mouthed diplomacy. Tamils deserve a UK Government that will take the lead in calling for Sri Lanka to repeal the sixth amendment, which would give Tamils in Sri Lanka and abroad the ability to come together and call for the political solution they hope for. Then we would have a Government with a principled position on Sri Lanka.

Commonwealth Parliamentary Association and International Committee of the Red Cross (Status) Bill

Maria Miller Excerpts

Committee stage
Wednesday 6th March 2024 Public Bill Committees

[The Chair]

With this it will be convenient to discuss the following:

Clause 3 stand part.

The schedule.

[Dame Maria Miller (Basingstoke) (Con)]

It is a pleasure to serve under your chairmanship, Ms Fovargue, and to bring the Bill to the Committee. I thank all colleagues for agreeing to sit on the Committee and for enabling us to scrutinise the Bill in some detail.

Before I start, I should put on record my gratitude to the secretary-general of the Commonwealth Parliamentary Association, Stephen Twigg, for his steadfast commitment to the CPA and his passionate championing of the Bill; my hon. Friend the Member for Bridgwater and West Somerset (Mr Liddell-Grainger), who is the chair of the international executive committee of the Commonwealth Parliamentary Association, for his support for changing the status of the CPA; and the International Committee of the Red Cross for the incredibly important work it does. I should not forget the Minister, who is in his place today; his colleague, the noble Lord Ahmad; or the formidable team at the Foreign and Commonwealth Office. They have understood the importance of what our organisations do to support democracy around the world and have provided invaluable support and guidance.

[Chris Elmore (Ogmore) (Lab)]

In paying tribute to all those people, the right hon. Lady forgot to mention herself. It is fair to say that getting to this point has been a labour of love for in excess of two years. Those of us on the CPA executive who are in this Committee room to debate the Bill know that she very much spearheaded that work, and she deserves credit for it.

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[Dame Maria Miller]

I thank the hon. Gentleman for his comments, and I recognise his support for all the work that has got us here today.

The Bill was passed unanimously on Second Reading, and I hope the clauses and amendments will continue to have the support of the Government and everybody in this room today. It provides the necessary delegated legislation-making powers for the CPA and the ICRC to be treated in a manner comparable to an international organisation of which the United Kingdom, or His Majesty’s Government in the United Kingdom, is a member.

Before the Bill, the Government were unable to treat them in that way, because the powers in the International Organisations Act 1968—particularly the powers in section 1—and the International Development Act 2002 are not available in respect of the CPA or the ICRC. That is because neither organisation is an intergovernmental organisation, but instead each has its own unique constitutional arrangements, reflecting its specific international mandate. Therefore, it is necessary to establish a bespoke enabling power to allow the CPA and the ICRC to operate in the UK.

Turning to the provisions in clauses 1 and 3 and the schedule in more detail, clause 1 enables the conferral on the CPA of the legal capacities of a body corporate. Key capacities relevant to the operation of an international organisation in the UK include concluding contracts, acquiring and disposing of property, and instituting and being a party to legal proceedings.

The clause also enables the provision in respect of the CPA of specific privileges and immunities, which will be determined on the basis of the organisation’s functional need and will be specified through an individual arrangement to be agreed upon on completion of the Bill. The clause also enables the provision of specific privileges and immunities in respect of the secretary-general of the CPA. Those are limited to the privileges and immunities set out in part 2 of the schedule.

The second clause in this string is clause 3. This provision is equivalent to section 8 of the International Organisations Act 1968, which allows the Secretary of State to certify questions of fact relating to the status of, or the privileges and immunities conferred on, the organisations. This clause is necessary, as it is intended to assist the courts in establishing the facts relating to the status of persons who may have privileges or immunities.

The third element in this string is the schedule. It is customary practice to grant privileges and immunities to international organisations and related persons. The list of privileges and immunities that may be conferred on the CPA and the ICRC by Order in Council is set out in the schedule and has been informed by the 1968 Act. I say “may” very certainly, because these are things that have to be decided once this paving legislation is in place.

The schedule will allow the Government to agree a framework that is unique and appropriate to the organisations’ unique mandates. Conferral of the privileges and immunities may be subject to specific exceptions in accordance with clause 4(2)(b), while any exemption or relief from a tax or duty may be made subject to arrangements or conditions in accordance with clause 4(2)(c).

The actual suite of privileges and immunities to be accorded, including relevant exceptions and limitations, will be determined on the basis of the functional need of each organisation and will be specified in the Order in Council. I will discuss that further when we come to the next set of provisions, because it is important that it be clear to everybody looking at this debate, which will be a great number of people across the Commonwealth.

[The Parliamentary Under-Secretary of State for Foreign, Commonwealth and Development Affairs (Leo Docherty)]

I am grateful for my right hon. Friend’s leadership on this issue and I am very pleased to be speaking in Committee on this important Bill. As laid out by my right hon. Friend, the UK greatly values its long-standing programme partnership with the Commonwealth Parliamentary Association and really appreciates the very important work that it does, right across the Commonwealth, to foster inclusive and accountable democracy.

Treatment as an international organisation will allow the CPA to continue to operate across the Commonwealth and international fora. It will also allow the organisation to participate fully in areas in which it is currently restricted. Therefore I am very pleased to be able to speak in support of clauses 1 and 3 and the schedule; I will just touch on those, if I may.

The powers provided in clause 1 subsections (1) and (2) reflect the constitutional arrangements of the CPA —including its current registration with the Charity Commission for England and Wales—and will facilitate its proposed future operating model. Comparable treatment to an international organisation would be limited to the core international organs of the CPA, such as the secretariat. It is not intended that any privileges, immunities or other facilities are extended to any of the national or subnational branches.

This clause enables conferral on the CPA of the legal capacities of a body corporate. Key capacities relevant to the operation of an international organisation in the UK are to conclude contracts, to acquire and dispose of property, and to institute and be party to legal proceedings. The clause also enables the provision in respect of the CPA of specific privileges and immunities, which will be determined on the basis of the organisation’s functional need and will be specified through an individual arrangement to be agreed upon on completion of the Bill. Clause 1(1)(c) enables the provision of specific privileges and immunities in respect of the secretary-general of the CPA. Those are limited to the privileges and immunities set out in part 2 of the schedule.

The clause provides for the Order in Council to specify certain statutory provisions in relation to international organisations that should apply in relation to the CPA, with any necessary modifications. This provision will ensure that the CPA can be accorded comparable treatment to an international organisation—in particular, where the definition of international organisation in the legislation is limited to intergovernmental organisations.

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[Leo Docherty]

I do agree—it is a very positive change.

[Dame Maria Miller]

I thank the Minister for his wholehearted support for this first clause of the Bill and other hon. Members for their contributions.

Question put and agreed to.

Clause 1 accordingly ordered to stand part of the Bill.

Clause 2

The International Committee of the Red Cross

[Dame Maria Miller]

I beg to move amendment 1, clause 2, page 2, line 13, at end insert—

“(e) provide for protected ICRC information to be exempt from any disclosure requirement imposed by—

(i) an order of a court or tribunal in proceedings other than criminal proceedings, or

(ii) a statutory provision or rule of law.

(2) In subsection (1)(e), “protected ICRC information” means information—

(a) that is held by the government of the United Kingdom,

(b) that was obtained by the government from the ICRC, and

(c) that is confidential.

(3) For the purposes of subsection (2)(c), information is “confidential” while the terms on which it was obtained require it to be held in confidence or while the circumstances in which it was obtained make it reasonable for the ICRC to expect that it will be so held.

(4) An exemption conferred by virtue of subsection (1)(e) does not apply to information if the ICRC—

(a) has published it, or

(b) has agreed to its disclosure for the purpose of the disclosure requirement in question.

(5) Nothing in this section or in an Order in Council made under it affects the common law rules about the withholding of information on the grounds of public interest immunity.”

This amendment allows for certain confidential information that the ICRC shares with the UK government to be exempted from legal disclosure requirements.

[The Chair]

With this it will be convenient to discuss the following:

Clause stand part.

Amendment 2, clause 4, page 2, line 27, leave out “or privilege” and insert “, privilege or exemption”.

This amendment is consequential on Amendment 1 and ensures that an exemption conferred by an Order under clause 2(1)(e) can be subject to exceptions set out in the Order.

[Dame Maria Miller]

This section of our discussion focuses on the International Committee of the Red Cross, commonly known as the ICRC. Clause 2 and amendments 1 and 2 run together, although amendment 2 is a consequential amendment to clause 4.

Clause 2 confers on the ICRC the legal capacities of a body corporate, just as clause 1 confers them on the CPA. It is an important move for the organisation, because it enables the provision of specific privileges and immunities in respect of the ICRC. Those will be determined, as with the CPA, on the basis of the functional need of the organisation and will be specified through an individual arrangement, to be agreed upon completion of the Bill.

The clause also enables the provision of specific privileges and immunities in respect of the ICRC’s personnel, who do such important work around the world. They are limited to the privileges and immunities set out in part 2 of the schedule. This provision applies to specified officers of the ICRC—unlike the previous discussion on the CPA—as well as other specified classes of officers and servants of the organisation, for example ICRC delegates posted to the regional delegation in London.

I beg the indulgence of the Committee for the fact that there are two amendments tabled. Amendment 1 specifically relates to clause 2. There were discussions ongoing between the ICRC, myself and the Foreign, Commonwealth and Development Office when the Bill was finalised, and therefore the final discussions on the issue of confidentiality, which is touched upon in amendment 1, were continuing when the Bill was finalised.

Amendments 1 and 2, which amend clauses 2 and 4 of the Bill respectively, provide for the protection of information provided confidentially to the Government by the ICRC from being used in UK civil court proceedings. This is an important provision for the ICRC and is necessary because of the need to withhold from public disclosure confidential information. Its provision in the Bill would provide assurance that that could take place.

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[Leo Docherty]

May I commend my right hon. Friend’s words? I will speak briefly to amendments 1 and 2, which are designed to protect information that the ICRC provides in confidence to His Majesty’s Government from being used in UK civil court proceedings. That is necessary, as the withholding from public disclosure of confidential information cannot otherwise be assured. That reflects the ICRC’s standard working method of confidentiality, which is designed to protect its staff and operations in active conflict zones.

That principle also underpins the ICRC’s ability to operate in dangerous locations on sensitive issues, engaging with both state and non-state actors. Confidential information related to the ICRC’s sensitive work includes its engagement with conflict parties on international humanitarian law, mandated under the Geneva conventions, and its work with prisoners, detainees and hostages. Disclosure of confidential ICRC information would damage the ICRC’s ability to perform its sensitive functions when negotiating with conflict parties and put its staff and operations at risk.

The Government are already committed to respecting the confidentiality of the ICRC’s information as a matter of policy, and past practice has demonstrated that. This Bill is an opportunity to end any uncertainty about the Government’s position and put that practice on a statutory footing. Without such a provision, the ICRC is likely to restrict the information that it shares with the UK, including information that provides important analysis and intelligence related to UK Government priorities.

The amendments do not therefore provide an absolute or blanket exemption from disclosure requirements for all ICRC communications. Important limitations have been incorporated into the amendment, as my right hon. Friend mentioned. For example, the exemption is limited to information that has been communicated by the ICRC to the UK Government as part of its confidential bilateral dialogue related to the ICRC’s humanitarian activities.

The amendments also engage the right to a fair trial, as was mentioned, under article 6 of the European convention on human rights. The Government consider this provision both necessary and proportionate, and mitigations such as the exclusion for criminal cases mean that I can confirm that the provision may be exercised in compatibility with convention rights.

If I may touch on clause 2, the ICRC is an essential partner for achieving the UK’s global humanitarian objectives. It has a unique legitimacy to engage all parties to conflicts and has unparalleled access to vulnerable groups in conflict situations. The ICRC is frequently the only international agency operating at scale in many conflicts. With regard to clause 2 i t is therefore critical, in our judgment, that we enable the ICRC to operate in the UK in accordance with its international mandate, maintaining its strict adherence to the principles of neutrality, impartiality and independence and its working method of confidentiality.

The clause confers on the ICRC the legal capacities of a body corporate. Key capacities relevant to the operation of an international organisation in the UK are to conclude contracts, to acquire and dispose of property and to institute and be party to legal proceedings.

I therefore reiterate our support for amendments 1 and 2. 

Amendment 1 agreed to.

Clause 2, as amended, ordered to stand part of the Bill. 

Clause 3 ordered to stand part of the Bill. 

Clause 4

Orders in Council

[Dame Maria Miller]

I beg to move amendment 3, clause 4, page 2, line 24, at end insert—

“(1A) Before laying before Parliament a draft of a statutory instrument containing an Order in Council under section 1, the Secretary of State must consult—

(a) the Chair of the United Kingdom Branch, and

(b) the Secretary-General

of the Commonwealth Parliamentary Association.

(1B) Before laying before Parliament a draft of a statutory instrument containing an Order in Council under section 2, the Secretary of State must consult—

(b) the President, and

(c) the Director-General

of the International Committee of the Red Cross.”

[The Chair]

With this it will be convenient to discuss the following:

Amendment 4, clause 4, page 2, line 37, at end insert—

“(3) The Secretary of State must lay before Parliament—

(a) a draft of a statutory instrument containing an Order in Council under section 1, and

(b) a draft of a statutory instrument containing an Order in Council under section 2

within fourteen days of the passing of this Act.”

Clause stand part.

Clause 5 stand part.

Clause 6 stand part.

[Dame Maria Miller]

I stress that amendments 3 and 4 are probing amendments to allow the Minister to provide some assurances, not only to the people in this room, including myself, but to other members of the organisations we are talking about today. It is a long-standing practice that privileges and immunities are conferred by Order in Council, and that is not included in the Bill; this is merely paving legislation to allow that to happen.

The clause provides that any Order in Council made under clauses 1 or 2 is subject to the draft affirmative parliamentary procedure. Statutory instruments that are subject to the draft affirmative procedure require the approval of both Houses of Parliament before they come into effect, in the usual way. The clause also provides further detail on the scope and extent of the delegated legislation-making powers under clauses 1 and 2.

In addition, the clauses provide the enabling power, first, for the Order in Council to specify circumstances where privileges or immunities do not apply, whether because of an exception to those privileges or immunities or because they have been waived by the organisation; and secondly, for the Order in Council to specify that fiscal reliefs and exemptions are subject to arrangements or conditions imposed by the Secretary of State or the Commissioners of His Majesty’s Revenue and Customs, as the case may be.

I felt it was very important that we had a clear, on the record affirmation from the Government, when they are drawing up these very important subsequent documents for approval by the House, that the appropriate people are involved in those discussions. That is why I have tabled probing amendments 3 and 4.

The effect of amendment 3 is to lay down a formal requirement on the Secretary of State to consult the chair of the UK branch and the secretary-general of the CPA, and the president and the director-general of the ICRC respectively, before finalising the draft Order in Council and laying it before Parliament.

Amendment 4 would require the Secretary of State to lay the draft Order in Council within 14 days of the Act’s coming into force. Perhaps when the Minister responds, he could give some assurances regarding the Government’s intent to involve the individuals named in amendment 3 in the decisions about what is to be laid before Parliament, to ensure that the Bill works exactly in the way the relevant organisations need it to. I am sure that would always be his intention, but it would be helpful if he could put that intention on the record before we finalise proceedings today.

Clause 5 explains that the term “ICRC” means the International Committee of the Red Cross, for the avoidance of any doubt. It also ensures that the definition of “statutory provision” allows for the treatment of the CPA and ICRC as international organisations to be applied in regard to all relevant legislation, primary and secondary, including devolved legislation. That is important because the Bill gives both the CPA and the ICRC treatment comparable to that of an international organisation, so the organisations need to be recognised in the same way across all relevant legislation.

Last, but by no means least, the provisions in clause 6 extend and apply the Bill to the whole of the UK, as a reserved or excepted matter relating to the conduct of international relations. The Bill will come into force on the day on which it receives Royal Assent.

I hope the Minister will respond on those final clauses and leave me in a position where I can withdraw my two probing amendments.

[Leo Docherty]

I am grateful to my right hon. Friend for introducing the amendments and am happy to give her the assurance that she requires. The FCDO has engaged with the CPA and ICRC throughout the legislative process. The FCDO will consult them both ahead of secondary legislation and work closely with them to agree the arrangements for the appropriate privileges and immunities for each organisation. The FCDO has already committed to lay the draft Order in Council as soon as possible. His Majesty’s Government does not, therefore, think the amendments are necessary, and I ask my right hon. Friend to withdraw them.

On clause 4, it has of course been long-standing practice that privileges and immunities are conferred by Order in Council. The clause provides that any Order in Council made under clauses 1 or 2 is subject to the draft affirmative parliamentary procedure. Statutory instruments that are subject to that procedure require the approval of both Houses of Parliament before they may have effect, as we all know.

The clause also provides further detail regarding the scope and extent of the delegated legislation-making power under clauses 1 and 2. In particular, an Order in Council made under the Bill

“may make different provision for different cases and for different persons”,

and

“may contain consequential, supplementary, incidental, transitional or saving provision.”

In addition, the clause provides the enabling power for two important aspects that are fundamental to the operation and management of privileges and immunities in respect of an international organisation. First, the Order in Council may specify circumstances in which privileges or immunities do not apply, whether because of an exception to those privileges or immunities or because they have been waived by the organisation.

Secondly, the Order in Council may specify that fiscal reliefs and exemptions are subject to arrangements or conditions imposed by the Secretary of State or the commissioners of His Majesty’s Revenue and Customs. This will facilitate the application to the organisations of the existing administrative schemes and processes in respect of international organisations that are administered by, among others, the FCDO and HMRC.

Clause 5, on interpretation, explains that the term “ICRC” means the International Committee of the Red Cross, as stated in clause 2. It also ensures that the definition of “statutory provision” allows for the treatment of the CPA and ICRC as international organisations to be applied in regard to all relevant legislation, primary and secondary, including the devolved Administrations of Scotland, Wales and Northern Ireland, whenever such legislation is made. This is important because the Bill gives both the CPA and the ICRC treatment comparable to that of an international organisation; therefore, the organisations need to be recognised in the same way across all relevant legislation.

Under clause 6, the Bill’s provisions will extend and apply to the whole of the UK as a reserved or accepted matter relating to the conduct of international relations, and the Bill will come into force on the day on which it receives Royal Assent.

In conclusion, I commend the contribution of my right hon. Friend in a spirit of gratitude.

[Dame Maria Miller]

I am grateful for the opportunity to respond to the Minister’s comments. I am reassured that the Government intend to fully involve the organisations in the drawing up of secondary legislation. It is an obvious thing to say, but it is good to hear the Minister put that on the record. With that in mind and having received those assurances, I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Amendment made: 2, in clause 4, page 2, line 27, leave out “or privilege” and insert “, privilege or exemption”.—(Dame Maria Miller.)

This amendment is consequential on Amendment 1 and ensures that an exemption conferred by an Order under clause 2(1)(e) can be subject to exceptions set out in the Order.

Clause 4, as amended, ordered to stand part of the Bill.

Clauses 5 and 6 ordered to stand part of the Bill.

Schedule agreed to.

Bill, as amended, to be reported.

International Human Rights Abuses: UK Response

Maria Miller Excerpts

Wednesday 24th January 2024 Westminster Hall

[Dame Maria Miller (in the Chair)]

Order. I remind hon. Members that they should bob if they wish to speak in the debate. Given the number of people on my list, Members will have seven to eight minutes to speak. I call Debbie Abrahams.

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[Zarah Sultana (Coventry South) (Lab)]

It is a pleasure to serve under your chairship, Dame Maria. I congratulate my hon. Friend the Member for Luton North (Sarah Owen) on securing this important debate.

I would like to talk about the Government’s response to Israel’s violations of international law in Gaza and about revelations that I believe should be a major news story but that, as far as I am aware, have been covered by only one mainstream outlet. They relate to recently released court documents that reveal that, from very early on in the war, the Foreign Office had major doubts about Israel’s compliance with international law—a fact the Government have hidden.

The documents show that, on 10 November, just a month into the war, the Foreign Office had made an internal assessment of Israel’s compliance with international law and judged that

“the volume of strikes, total death toll as proportion of those who are children, raise serious concerns.”

It went on to say that His Majesty’s Government’s

“inability to come to a clear assessment on Israel’s record of compliance with IHL poses significant policy risks.”

However, those serious concerns were kept secret from Parliament and the public.

Instead, Ministers continued to give reassurances about Israel’s commitment to international law. For example, just four days after that assessment was made, I asked the Minister of State, Foreign, Commonwealth and Development Office, the right hon. Member for Sutton Coldfield, in the main Chamber whether Israel had used British-made weapons for war crimes in Gaza. He replied that

“the President of Israel…has made it clear that his country will abide by international humanitarian law.”—[Official Report, 14 November 2023; Vol. 740, c. 523.]

That was despite the fact that, as shown by these documents, his Department doubted the Israeli President’s words.

The documents reveal that another assessment was made by the Foreign Office on 8 December, expressing “concerns regarding” Israel’s

“commitment to comply with the obligation not to arbitrarily deny access to humanitarian assistance”

and saying that it was “possible Israel’s actions” in relation to the provision of humanitarian relief

“were a breach of International Humanitarian Law.”

Those damning judgments were, again, not made public. Instead, Government Ministers continued to reassure the public about Israel’s commitment to international law, and they continue to do that.

The documents show that, a few days after that assessment, the Foreign Secretary

“decided he was satisfied there was good evidence to support a judgment that Israel is committed to comply with International Humanitarian Law.”

On that basis, he continued allowing arms sales to Israel, despite the fact that, according to our Government’s policy and international law, arms export licences should not be granted if there is a clear risk that they could be used in violation of international law. That recommendation was accepted by the Business Secretary on 18 December, and arms sales to Israel were allowed to continue.

When questioned about these matters at the Foreign Affairs Committee this month, the Foreign Secretary failed to disclose the fact that his Department had carried out a formal review of Israel’s compliance with international law, and he denied that he had made a ministerial decision about allowing arms sales to continue. Members will be unsurprised to learn that the Chair of that Committee is writing to the Foreign Secretary to ask him to clarify his comments.

What does this tell us? First, it tells us that, early on in the war, the Foreign Office had serious concerns about Israel’s breaches of international law. Secondly, it tells us that Ministers hid that fact, pretending in Parliament and in the media that they had confidence in Israel’s commitment to international law. Thirdly, it tells us that we should have absolutely no confidence in the Government’s arms export licensing regime, which Ministers boast consists of

“the toughest regulations anywhere in the world”—[Official Report, 27 November 2023; Vol. 741, c. 565.]

but which are clearly grossly inadequate.

To finish, I would like to ask some questions of the Minister. Why did Foreign Office Ministers not reveal that their Department had serious concerns about Israel’s behaviour from as early as 10 November? Was that because they wanted to give Israel the green light for its bombardment of Gaza and they thought that revealing this assessment would simply make that too hard? Why did the Foreign Secretary recommend continuing with arms sales to Israel even though his Department had those concerns? Was it because this Government are too cowardly to stand up for international law, or is it because they do not care about international law when it does not suit them? Finally, will the Government comply with their own rules and with international law and the basic humanity at the heart of it and stop arming Israeli war crimes?

[Dame Maria Miller (in the Chair)]

I call Alyn Smith.

Sri Lankan Tamils and Human Rights

Maria Miller Excerpts

Tuesday 5th December 2023 Westminster Hall

[Dame Maria Miller (Basingstoke) (Con)]

It is a great pleasure to serve under your chairmanship, Sir Edward. I congratulate the hon. Member for Linlithgow and East Falkirk (Martyn Day) on securing this debate. I very much welcome the opportunity to contribute, and particularly to look at the importance of human rights in Sri Lanka and to speak up for those of my constituents who still have close links to the Sri Lankan Tamil community.

Wherever they are in the world and whatever religion or race they belong to, all people deserve to live in peace and safety, without discrimination or violence, but that is not the case for many Tamils who still live in Sri Lanka. Quite rightly, Sri Lanka is one of the UK’s 32 human rights priority countries, as identified by the Foreign, Commonwealth and Development Office. The Department’s annual report on human rights and democracy says:

“Minority communities faced continued marginalisation by state authorities. State-supported land appropriation, so called ‘land grabs’, sparked concerns over their impact”,

particularly communities

“in the north and east and their impact on the freedom of belief of non-Buddhist denominations.”

There is a great deal of understanding in the FCDO about the situation on the ground. That is coupled with concerns that

“Security forces continued to disrupt Tamil commemorative events for victims of Sri Lanka’s armed conflict, and arbitrarily accused Tamils of links to terrorist organisations.”

That indicates that the Government are aware of what is happening on the ground in Sri Lanka, particularly the remarks about the challenges faced by activists, families of the disappeared in the north-east, and those who have faced surveillance, harassment and intimidation by the security forces. There appears to be a great understanding, and this debate gives my hon. Friend the Minister, a fellow Hampshire MP, the opportunity to update the House on the actions being taken to turn this understanding into support on the ground.

We have heard reports of Tamils living in Sri Lanka being subject to discrimination and threats of violence, as well as being subject to arrest under the Prevention of Terrorism Act on relatively weak grounds. There have been occasions on which Tamils have not been allowed to attend memorials for those killed or lost during the civil war, which is a vital part of community healing. Back in 2011, we heard from the UK panel of experts that there were credible allegations of war crimes and crimes against humanity. The fact that they have not been fully investigated, and that no one has been charged or prosecuted, has diminished the country’s ability to reconcile itself with the events of the past. Whenever such events occur, it is so important that well-thought-through reconciliation is put in place, particularly in Sri Lanka. It is important for stability and peace in Sri Lanka that there is reconciliation for the actions of the past, appropriate justice delivered where required and, above all, an end to the discrimination that we have seen.

The national unity and reconciliation commission was established earlier this year. It felt like a step in the right direction, but many organisations, including Amnesty International, have expressed significant concern that it will not be sufficient. In Sri Lanka, we need to ensure that the commission does what it needs to do and achieve real reconciliation that has a genuine chance of starting the healing across communities that would bring the whole country together. The first step must be to end all discrimination against Tamils in Sri Lanka. They deserve to be able to follow their own cultural and religious practices in peace, without interference from other groups.

The Government and my hon. Friend the Minister continue to work hard to maintain strong relationships with Sri Lanka, which is important for the future of all the communities there and for promoting peace and human rights. They are clearly putting plans in place. For 2022 to 2025, the FCDO’s conflict, stability and security fund for Sri Lanka will support human rights priorities with more than £11 million. UK funding for the United Nations Development Programme has also supported the resettlement of displaced communities on land cleared of mines.

It is important that we continue to work with countries such as Sri Lanka, and I am aware that the Government are consistently reviewing their global sanctions list. I am sure the Minister will want to take the opportunity presented by today’s debate to update the House on the approach to sanctions, and my constituents and people back in Sri Lanka will be taking note of the comments made. I am sure he will listen carefully to hon. Members’ views, because equality and freedom from discrimination are important not only to the people in this room, but to every Member of the House of Commons.

Wherever people live in the world, they deserve to have support from the UK in their bid to make sure that they live free and equal lives. Above all else, the UK must champion human rights and promote peace across the world. I hope that we will continue to do that in Sri Lanka, so that one day all communities there will be able to live in peace and prosperity.

International Development White Paper

Maria Miller Excerpts

Tuesday 21st November 2023 Commons Chamber

[Mr Mitchell]

I thank the Chair of the International Development Committee and, through her, all of its members, who bring their expertise and enthusiasm to this subject with eloquence and skill. She mentions the importance of debt relief and localism, and she is absolutely right on that. She also mentions the work on atrocity prevention, which we have particularly been doing in Sudan since the crisis emerged there. That work is very important and we are finding new ways of amplifying it. What she says about biodiversity may well be true. The White Paper runs to 148 pages. If she and I had our way, it would have been longer, but we have to draw a line somewhere and I yield to no one on the importance of the point she makes about biodiversity. She will know that there has been argument about loss and damage, and a holding position has now been secured, ahead of the COP. That is very important, but loss and damage must do two things. It must get a broader spectrum of where the money is coming from, otherwise we will just be reorienting it within the international development budget and that will be robbing Peter to pay Paul—there is no sense in doing that. The other thing is that it must bring in a wider group of countries, not just the narrow OECD ones that account for aid—it must be wider than that. Those two things are required to make loss and damage work.

[Dame Maria Miller (Basingstoke) (Con)]

I very much welcome this White Paper, which reiterates the importance of eliminating gender-based violence. Last week I worked with parliamentarians from across the Commonwealth, thanks to the Commonwealth Parliamentary Association and my right hon. Friend’s Department, and we resolved that there is a real need for international leadership to effectively challenge what are still called cultural norms—things such as forced marriage, female genital mutilation and rape. Will he join our calls for eliminating gender-based violence to be at the heart of the Commonwealth Heads of Government meeting in Samoa next year?

[Mr Mitchell]

My right hon. Friend makes a very interesting point about the Commonwealth Heads of Government meeting in Samoa next year; I will take that away and see what we can do on the matter. Gender-based violence, for the reasons she has often said, is central to what we are doing. We cannot understand all these matters unless we see international development through the eyes of girls and women, so she is absolutely right about that. On gender-based violence, she will be well aware of the work led by my noble Friend Lord Ahmad in the other place, which he continues to do with great vigour and success.

Oral Answers to Questions

Maria Miller Excerpts

Tuesday 24th October 2023 Commons Chamber

[Mr Mitchell]

The Government, along with their partners, are doing everything to try to progress humanitarian support and supplies into Gaza.

[Dame Maria Miller (Basingstoke) (Con)]

Strong parliamentary democracy is crucial to the Commonwealth, and the Commonwealth Parliamentary Association has a central role as one of the oldest Commonwealth institutions, with you as one of our co-presidents, Mr Speaker. My right hon. Friend’s Department acknowledges that new legislation is needed to recognise the CPA as an international interparliamentary organisation, to keep it headquartered here in the UK. When does he plan to have that new legislation in place?

[Mr Mitchell]

My right hon. Friend is absolutely right about the extraordinary contribution that the CPA makes around the world. We are very anxious to address the issue she has raised and to find a mutually acceptable solution. I hope that this can be done by legislation once parliamentary time allows, but if it is not possible to place it in the King’s Speech, she will know that there are other ways of pursuing the matter.

Commonwealth Parliamentary Association

Maria Miller Excerpts

Thursday 6th July 2023 Commons Chamber

3.6 pm

[Dame Maria Miller (Basingstoke) (Con)]

I beg to move,

That this House supports the work of the Commonwealth Parliamentary Association; asks for parliamentary time at the earliest opportunity to change the status of the Commonwealth Parliamentary Association from a UK charity to an international inter-parliamentary organisation; and calls on the Government to effect that change.

May I start by thanking the Backbench Business Committee for granting this timely and important debate? In the debate, I speak on behalf of CPA UK executive members, Members of Parliament who value the work of the CPA, and, indeed, parliamentarians from across the British Islands and Mediterranean region—the region of which we are a part in the CPA. I know that many right hon. and hon. Members here—including the Labour Front Bencher, the hon. Member for Hornsey and Wood Green (Catherine West), the hon. Member for Oxford West and Abingdon (Layla Moran), who will respond for the Liberal Democrats, and many others—have enjoyed, benefited from and participated in many different CPA activities. That organisation is held dear in the hearts of parliamentarians both in the UK and abroad.

However, the CPA is at a turning point and needs the UK Government to act now to help secure its future. In the UK, only the Government can change the status of the CPA from a local UK charity to a bespoke international inter-parliamentary organisation, because the Government need to allocate parliamentary time to allow a short piece of primary legislation to be passed. It has for many years been acknowledged that the CPA’s status as a UK charity is not appropriate for an association of equals. The CPA membership includes parliamentarians from South Africa to Singapore, Ghana to Guyana and Canada to Cyprus, and all are equal members of the organisation, which is one of the oldest Commonwealth organisations.

Its status as a UK charity is completely out of kilter with the reality of the organisation’s work. The CPA was founded back in 1911 to promote the advancement of parliamentary democracy, but continuing to be a UK charity today simply reinforces an outdated vision of the Commonwealth and the UK’s place in it. Long-standing demands for recognition of its modern status as a bespoke international interparliamentary organisation reached boiling point at the general assembly meeting in Halifax, Canada, last year, where it was decided that unless substantial progress had been made to change the status of the organisation within 12 months, members would resolve to move the headquarters from the UK.

A change in status will allow the CPA to more effectively serve its members, removing damaging frictions caused by an inappropriate status, making clear that all members are on an equal footing, to reflect the modern view of the Commonwealth, and representing the CPA’s own principles of equality and diversity. In the UK, that requires primary legislation.

To assist the Government, I have retabled a short Bill, the Commonwealth Parliamentary Association (Status) (No. 2) Bill, which was first introduced by my hon. Friend the Member for Bridgwater and West Somerset (Mr Liddell-Grainger) around a year ago, to make those changes quickly and at no cost—I reiterate: at no cost. It is a point that has already been agreed with Foreign, Commonwealth and Development Office officials, leaving no policy differences between the CPA and the FCDO in taking this issue forward.

The Bill has widespread cross-party support both here and in the other place but requires parliamentary time to be passed. The Minister of State, Foreign, Commonwealth and Development Office, my right hon. Friend the Member for Berwick-upon-Tweed (Anne-Marie Trevelyan), is on the Front Bench, having picked up the reins on this at relatively short notice; I very much appreciate that, and I know the whole House will. I hope she will be able to confirm today that parliamentary time is being made available, because our time is running out.

Over the many years of discussion between the CPA and the Foreign and Commonwealth Office, before it became the FCDO, policy differences, by and large, have been resolved. In particular, the change in status is not seen as coming under the International Organisations Act 1968, because the CPA does not fit those criteria, and that issue was dealt with when others were chairing the organisation. My Bill, which the Minister will have seen, would therefore require a bespoke status, not a status under that Act, which would have caused problems. The new Bill has no extra costs for the UK taxpayer over and above the tax advantages already available to a UK charity, which the CPA is.

If we do not make significant progress on this legislation before the summer recess, the UK’s hosting of the CPA’s secretariat will be lost. That will create a real risk for the whole organisation, given the very different views on its possible future. An apparent lack of prioritisation in the UK places in question our commitment to the Commonwealth institutions themselves, and, indeed, our reputation could be unnecessarily diminished, all for not making this very small change that requires legislation.

As the Minister will be aware, the CPA has given good notice of its concerns and the need for change. To put it simply, parliamentarians from many countries take issue with having to make CPA subscription payments from their taxpayers’ money to a UK charity.

[Layla Moran (Oxford West and Abingdon) (LD)]

I congratulate the right hon. Lady on securing the debate, and I want to put on record my and the Liberal Democrats’ support for her Bill, which should be very simple to pass. From my dealings with other parliamentarians across the world, I know that the fact that the CPA is held here, in the mother of Parliaments, matters a lot to them. They feel that it is important to see how it is done by the oldest institution, and we also gain a huge amount from it. Does she agree that the loss of that would be unconscionable to this place?

[Dame Maria Miller]

Yes. Many Members here today will have known the value of meeting incoming delegations and being part of outward delegations. It gives us, as parliamentarians, an understanding of the world in which we are operating, in the same way that other organisations do, including the Inter-Parliamentary Union—we are pleased to have the chair of the British Group of the IPU, my right hon. Friend the Member for Staffordshire Moorlands (Karen Bradley), with us today. These organisations are valued by parliamentarians, and we need to ensure that the Government are aware of that and take appropriate action.

I want to reiterate the reason why this change in status is so important. Countries that are members of the CPA make payments, ultimately, from their taxpayers’ money to a UK charity. Those concerns are held most strongly by parliamentary colleagues in the Africa region of the CPA. That is understandable: it is incongruous at best for them to be making payments for membership of an international organisation when it looks on their books as if they are making payments to UK charities. We have to understand that, and sympathise and empathise with it.

Other organisations have already ensured that they are structured in an appropriate way. French legislation underpins the CPA’s francophone counterpart in Paris, the Assemblée Parlementaire de la Francophonie, and the Inter-Parliamentary Union has a Geneva headquarters agreement with Switzerland. The need to follow those international examples is particularly true for an international institution such as the CPA, which is all about the importance of parliamentary democracy, and the Commonwealth charter to which we and our fellow member states are signed up commits us to that.

This Parliament’s actions regarding the CPA’s status may appear peripheral to some, but in fact, they spill over into our relations with very near family members. Other members of the British family that are involved in the CPA include the devolved legislatures in the UK, the Crown dependencies and the overseas territories. They are all active members, and they too support the need to resolve this situation. The Government need to take that much more into account, not least because those organisations are concerned that they could be damaged by association should Westminster not be able to resolve this amicably. All also look to His Majesty the King as Head of State, as do the 14 other realms. At the coronation in May, we saw the huge importance attached to the Commonwealth, with His Majesty now head of the Commonwealth in succession to Her late Majesty, Queen Elizabeth.

At its April meeting in Gibraltar, the CPA executive agreed to continue to support efforts to persuade the UK Government to make the necessary changes, but— to be very clear—that is contingent on achieving new legislation by the time that the CPA’s Commonwealth parliamentary conference takes place in Ghana at the end of September, just a few short weeks away. The House should know that the CPA executive is already working on a relocation package for the secretariat, including a timeline and procedure for assessing future host countries. This is not a hollow threat: it is something that is already happening. To restate, should the UK not pass new legislation by the end of September, the organisation will proceed with relocation outside of the UK from October 2023.

There appears to be absolutely no reason why the Bill should take much parliamentary time, given the clear support for it in both Houses—my right hon. Friend the Minister will have heard that already from Opposition Members. It involves no additional costs for the UK taxpayer. It has been suggested that any change in status would create an unhelpful or unwelcome precedent, but with respect, that argument does not bear any scrutiny at all. The CPA’s case is unique. It is an international inter-parliamentary organisation headquartered in the UK. There are no others. When we pressed for examples of comparators, not a single one on the list could make a similar case. Some were international organisations, undoubtedly worthy but headquartered elsewhere and with no particular link to the UK. There were territories or groups of states and Governments—again, completely different and not parliamentary in category, and obviously not headquartered in the UK. Legislation to recognise the status of the CPA and the secretariat’s location here in the UK does not create a precedent, so that cannot credibly be cited as a reason for inaction.

Parliamentarians from around the globe tell us that they would like the CPA secretariat to remain in London. London works well as a location for the secretariat: here on the parliamentary estate, the secretariat can attract talented staff from a diverse pool. Hosting the CPA is a small but important example of the UK’s soft power, and I hope my right hon. Friend the Minister can use her good offices to ensure that time is given to pass the modest Bill required to change the status of the CPA in the time remaining before the annual assembly meeting in September. That would demonstrate not only our commitment to the Commonwealth, but the importance of strong democracies around the world.

[Mr Deputy Speaker (Mr Nigel Evans)]

I will call the Front-Bench spokespeople at the end of the debate.

--- Later in debate ---

[Karen Bradley (Staffordshire Moorlands) (Con)]

I congratulate my right hon. Friend the Member for Basingstoke (Dame Maria Miller) on securing his debate. I want to make three specific points regarding the Commonwealth Parliamentary Association: first, the governance arrangements; secondly, the role of inter-parliamentary organisations; and, finally, the work that the CPA leads on in the very important world of modern slavery, on which it is a great leader.

Starting with the governance arrangements, I absolutely support my right hon. Friend in everything she has said. I attended the Commonwealth parliamentary conference in Halifax last year, where this was the No. 1 topic. This is not a bluff being called or a suggestion we will all get over. This is a matter of central importance to members of the CPA globally. They really do find this an incredibly sensitive issue, and we need to show sympathy and respect for that position and help them.

[Dame Maria Miller]

I thank my right hon. Friend for raising the issue of our conference last year, and she has reminded me of some of the conversations I was having with Members of Parliament, particularly from places, such as Canada, where we are negotiating trade agreements. It is these Members of Parliament who want to see consistency from the UK around our relationship with them as nations, but also as members of the Commonwealth.

[Karen Bradley]

I absolutely agree with my right hon. Friend. I think there is a statement that the UK Government could make here, which is about taking leadership and about demonstrating that we want to be active and sympathetic players in global events.

On not being able to take this step—this very simple step—I think my hon. Friend the Member for Rochford and Southend East (Sir James Duddridge) is a former Whip, as I am, and I recall opposed private business evenings when, after the day’s business had finished on a Wednesday, three hours were set aside for opposed private business. I doubt this would be opposed. I think we could get this through incredibly quickly, and we would not be asking the House to take much of its time to approve this measure. But it is such an important step, and I urge my right hon. Friend the Minister and the Whip on duty—the Vice-Chamberlain of His Majesty’s Household, my hon. Friend the Member for Bury St Edmunds (Jo Churchill)—to really press this point home with the business managers. A piece of legislation is ready to go, and it has universal support in this House and in the other place. It would be such a great thing if those of us going to Ghana this year for the CPC could stand up, hold our heads high and say, “We listened and, as the UK, we took the steps you asked us to take.” That would make an enormous difference.

My second point is around the importance and value of multilateral organisations, particularly those for parliamentarians. As the chair of the British Group Inter-Parliamentary Union and an active member of the Commonwealth Parliamentary Association UK, I want the House to know that those organisations present such important opportunities. Looking around, I do not think that anyone here has not been on a delegation for at least one of them. We also have the British-Irish Parliamentary Assembly, which I am very honoured to co-chair, the British-American Parliamentary Group, and we now have our new EU friendship group. These things are very important. If we do not understand what we are doing here as parliamentarians and understand what is happening in other Parliaments, we simply are not going to develop and learn or be able to tackle important global issues.

We all have a common goal here. The Inter-Parliamentary Union recently hosted an important inter-faith dialogue in Marrakesh that marked the first time that it has brought together civil society, faith groups and parliamentarians; it was the first time that we saw together in one room representatives from all the major faiths on this planet. They were all there talking about our common goals, such as climate change and global migration, which affects us all. Parliamentarians have a real role to play not only in helping Governments to get the necessary legislation through in these areas, but in influencing our constituents, organisations and those around us. The CPA is the only organisation that includes all the devolved legislatures, the provincial legislatures, the state legislatures, the overseas territories and the Crown dependencies. Parliamentarians from all those organisations take part in CPA events, and that is such a powerful and important thing for helping us to understand that we have shared problems that require shared solutions.

That takes me on to the shared problem that we have regarding modern slavery and human trafficking. CPA UK has been a world leader on this issue. When I was the Minister for Modern Slavery in the Home Office in 2014, CPA UK was leading the work that could be done by parliamentarians around the world. The Commonwealth has an important role to play in tackling this issue, full stop, because it contains source countries, transit countries and destination countries for victims of trafficking. The leadership that the Commonwealth can show helps to change legislation globally, and the CPA helps to ensure that legislation changes at a parliamentary level in every one of our Parliaments.

I have taken part in many events that CPA UK has hosted here. I have spoken about issues at global delegations, and I cannot praise CPA UK and its team enough for the global lead that they play. This is such an important organisation. The Government have an opportunity here to do a very small thing with a bit of Government time to get this legislation through. It would make an amazing difference, and it would absolutely solidify CPA UK and the CPA’s place in this Parliament.

--- Later in debate ---

[The Minister of State, Foreign, Commonwealth and Development Office (Anne-Marie Trevelyan)]

I am grateful to my right hon. Friend the Member for Basingstoke (Dame Maria Miller) for securing the debate and for her dedication to the Commonwealth, including as chair of the executive committee of the Commonwealth Parliamentary Association UK. I thank all Members who made passionate and very clear speeches about the urgency of this issue.

As colleagues have said, the CPA is a valued partner in all parts of the Commonwealth, strengthening parliamentary oversight and democratic accountability. The UK Government have partnered on a number of projects to support Commonwealth parliamentarians and to address issues from gender inequality to climate change, among others that Members have raised. That work has made a substantial contribution to supporting democracy and human rights across the Commonwealth. I thank the CPA for its work, and I look forward to the FCDO and the CPA continuing to work together closely in the years ahead.

The Foreign Secretary wrote to the secretary-general of Commonwealth Parliamentary Association International on the issue of the organisation’s status on 21 March 2023. He acknowledged that the status question is complex, but he was clear that he does not wish to see CPA International have to relocate. He committed the FCDO to working with CPA International to find a solution that is acceptable to all sides, including through legislative means if possible and necessary.

Since then, FCDO officials have been in discussion with CPA International to understand the need to vary its present charitable status and to consider how best to address these concerns. Although this work is ongoing, important progress has already been made.

[Dame Maria Miller]

My right hon. Friend comes to this issue quite fresh, which is possibly an advantage. There have been numerous mentions of the work between the FCDO and the CPA since March. Perhaps she could write to me to detail what work has happened, because I am not aware that any meetings have taken place.

[Anne-Marie Trevelyan]

My right hon. Friend is right that I came fresh to this at midday today, but I will happily take it away. My officials in the box will support me in providing that information.

My right hon. Friend is right that finding the right way through to secure a workable change to the organisation’s legal status is important. The challenges on privileges and immunities, which may come at a cost to the taxpayer, such as through visa control exemptions, clearly have to be worked through, but it has been helpful that my hon. Friend the Member for Stafford (Theo Clarke) has given us some useful practical examples of the limitations of CPA International’s present UK charitable status. I thank her very much for her enormously helpful contribution.

[Anne-Marie Trevelyan]

I have worked with my hon. Friend on many issues over the years, and chocolate biscuits were always an attraction. Were Mr Speaker to offer chocolate biscuits and cake, I would find time in my busy diary to join such a gathering. We are all of one mind in wanting to find the best way to solve some of these issues, but it is clearly outside my purview to set that running.

I thank my right hon. Friend the Member for Basingstoke for tabling her private Member’s Bill, which has been designed to advance the status issue. It is extremely frustrating that there are no sitting Fridays left in this Session, but the Bill sets out a helpful basis for ongoing discussions.

[Dame Maria Miller]

My right hon. Friend is right that the Government have not allocated any further sitting Fridays, for whatever reason. Of course, ten-minute rule Bills can be taken at any time. It is down to the discretion of those who manage the business of the House, which is the Government. They could find time, even though there are no sitting Fridays. Surely she could undertake to go away and consider that, perhaps with the help of the Leader of the House, who looks after such things.

[Anne-Marie Trevelyan]

My right hon. Friend pre-empts me. It was interesting to hear the expertise of my right hon. Friend the Member for Staffordshire Moorlands (Karen Bradley) who, in her many roles over the years, has discovered some of the perplexing and magical powers that exist within Parliament, and I know the business managers have heard the suggestion of my right hon. Friend the Member for Basingstoke. I am happy to commit to taking this away, and to discussing with the business managers what other routes might be available.

--- Later in debate ---

[Dame Maria Miller]

This has been a very positive debate. I thank all Members who have taken the time to be here today for their positive and important contributions.

The international ramifications, mentioned by my right hon. Friend the Member for Dumfriesshire, Clydesdale and Tweeddale (David Mundell), cannot be underestimated by the Minister and her colleagues in the Foreign, Commonwealth and Development Office. Undermining our credibility with so many nations with which we are seeking active trade agreements is a banana skin that we need to remove.

My right hon. Friend the Member for Staffordshire Moorlands (Karen Bradley) brought up a number of pertinent issues about restricting the work of the organisation. It is wholly within our power to be able to change the status of the organisation so that it can do the best that it can.

Above all, the debate has focused on the need to respect our fellow parliamentarians around the Commonwealth, who have asked us to find a way to change the status of the organisation. We owe them the respect to demonstrate that we are able to do that, and not be characterised as “Matron knows best”, which is a very poor look for us.

I hope the debate has uncovered ways that can be found to secure the legislative change required. We must not continue to argue about whether that is needed or not, because it has been requested, or continue to look for barriers in terms of parliamentary time, but opportunities.

My hon. Friend the Member for Rochford and Southend East (Sir James Duddridge) is right that where there is a will, there is a way. There are creative minds in this place to enable the Westminster delegation to go to the Commonwealth Parliamentary Conference in September and October, to acclaim the Government’s action and to show that we are sensitive to the opinion of Commonwealth parliamentarians, so that we are not dictating through inertia, but facilitating the change they are asking for. We must not leave this valuable organisation open to what could be a very difficult decision to leave the UK and find a home elsewhere. That would be tragic, and I do not think that is what my right hon. Friend the Minister wants to see.

Question put and agreed to.

Resolved,

That this House supports the work of the Commonwealth Parliamentary Association; asks for parliamentary time at the earliest opportunity to change the status of the Commonwealth Parliamentary Association from a UK charity to an international inter-parliamentary organisation; and calls on the Government to effect that change.

Petition

Overseas Territories

Maria Miller Excerpts

Thursday 11th May 2023 Commons Chamber

[Dame Maria Miller (Basingstoke) (Con)]

I declare my interest as chair of the UK Commonwealth Parliamentary Association. I congratulate my hon. Friend the Member for Rutland and Melton (Alicia Kearns) on calling this debate, thank the Backbench Business Committee for granting it, and welcome those members and colleagues who have joined us in the Gallery for this important debate. I also thank Mr Speaker and others for their incredible support of the overseas territories, making sure that they are not forgotten and, I hope, not seen as a backwater.

My right hon. Friend the Member for Cannock Chase (Amanda Milling) was right in what she said. The 14 overseas territories are part of us. They are with us at every event, whether it be the loss of our Queen or the coronation of our King. They are not foreigners, as my hon. Friend the Member for Crawley (Henry Smith) has just said, and they are not the Commonwealth. They should be dealt with, supported and embraced as part of our nation.

Self-determination is crucial to the overseas territories, but, by virtue of the fact that the Crown, through the Foreign, Commonwealth and Development Office, has quite large powers to legislate and direct, we have a responsibility to our overseas territories here in Parliament to ensure that those powers of Government are exercised carefully and fairly, and this debate is part of that today.

We have already had one example of when things go wrong. Last year’s Joint Ministerial Council, for example, was cancelled at late notice. There are infrequent opportunities for individuals to come here from the overseas territories and get decisions that may be long overdue. Overseas territories should not lose out because of things that are going on in our Government; they should be put above that. If representatives from the overseas territories require more help, more ministerial resources, I ask my hon. Friend the Minister—I do mean friend because he is a friend of mine—whether he would consider making sure that they are made available to them.

We know that the challenges faced in the overseas territories are as unique as the territories themselves— St Helena, the Ascension Island, Tristan da Cunha and Pitcairn. I have to say that when my right hon. Friend the Member for Cannock Chase was talking, I was grasping my badge from the Falkland Islands. When I was there it was May 2020. I think I was there for just a few days—I missed out on being there a lot longer because of the pandemic—but we had a wonderful welcome none the less. The territories are all very different and all very vulnerable in their own ways. They are particularly vulnerable to natural disasters. I remember talking to some colleagues from Montserrat about the continuing impact of the volcanic eruption that was many decades ago now but still continues to be felt locally. As our Government continue to focus on protecting the environment and setting ambitious net zero targets, perhaps the Minister could say a little about what more support we could give our overseas territories in this effect as well.

As chair of the UK CPA, Mr Deputy Speaker, you would expect me to turn most of my comments to the role of our organisation in helping support governance in the overseas territories. It is the UK branch of the Commonwealth Parliamentary Association that does the most extraordinary amount of work to support the UK overseas territories project. Work done by the UK CPA supports the UK Government in discharging their constitutional responsibility to ensure good governance in the overseas territories. The project began in 2016 and works with each territory alongside the National Audit Office and the Government Internal Audit Agency to enhance good governance and oversight of public finances. These things are vital to ensure the flourishing of the territories, and the CPA runs many bilateral and multilateral meetings on top of that.

At the end of last year, parliamentarians visited Westminster for the Fifth Overseas Territories Forum on the oversight of public finances and good governance. The Speaker of St Helena visited last year, and the CPA facilitated a Clerk secondment to the Anguilla House of Assembly last July. There was the Westminster seminar in March and other meetings. The CPA does a huge amount to fill some of the gaps left by the Government’s approach to the overseas territories, and we are very grateful to the Government for allowing us to have that opportunity. At a time when our budgets are under pressure, I hope the Minister might also take the opportunity at the Dispatch Box today to reconfirm the Government’s commitment to the CPA’s role in this and commit to ensuring that we have budgets available to do so in the future.

If time allowed, I would also have spoken about Girl Guiding UK, but I will have to leave that for another day. The withdrawal of girl guiding in the overseas territories is something that I will be exploring with them directly.

Oral Answers to Questions

Maria Miller Excerpts

Tuesday 13th December 2022 Commons Chamber

[Anne-Marie Trevelyan]

As a former member of the hon. Lady’s Public Accounts Committee, I would be very happy to take that up. I know that Lord Ahmad in the other place would be willing to sit down with her.

[Dame Maria Miller (Basingstoke) (Con)]

One way that we strengthen relations with the Commonwealth is through the work of the Commonwealth Parliamentary Association, which the Government work with in the UK. You, Mr Speaker, are an extremely supportive co-president and I am proud to be chair. The status of the CPA headquarters as a UK charity is creating significant problems, as the Minister knows from conversations with my predecessor, my hon. Friend the Member for Bridgwater and West Somerset (Mr Liddell-Grainger). The noble Lord Goldsmith has met me to hear the importance of changing the status of the CPA, so that our headquarters can remain in the UK, but we need to move quickly to a resolution. Will my right hon. Friend agree to meet me and Lord Goldsmith to effect that change?

[Anne-Marie Trevelyan]

I am happy to commit to that. I know that the Foreign Secretary and you, Mr Speaker, have also discussed this important issue, and I will make sure it is picked up as soon as possible.

International Human Rights Day

Maria Miller Excerpts

Thursday 8th December 2022 Westminster Hall

[Chris Bryant]

If the Minister wanted to, he could publish a written ministerial statement that made the whole situation clearer, but I fear that basically the Government have been told off by the Saudi Government, and have decided that the Saudi Government have more say in the matter than we do. I guess the Saudis must be laughing their way to the end of the week.

In some countries, there are phenomenal people with bravery we do not even dream of in British politics, where we rely on the democratic system. I will talk first about Colombia, which I know my friends, the right hon. Member for Islington North (Jeremy Corbyn) and the hon. Member for Glasgow North (Patrick Grady), know quite a lot about. It has one of the largest numbers of displaced people anywhere in the world, and the longest sustained internal warfare or civil war—however we want to determine it. Many of us have been desperate for the peace accord to be properly instituted, which would mean that people would have the land that was stolen from them restored.

Last year, there were another 52,880 forced displacements in Colombia. The war is still ongoing. Repeated Governments have failed to deal with it; let us hope that the new Government will be able to make advances. This year, 169 human rights defenders have been killed, often by paramilitaries and people acting on behalf of hard-right organisations, and there have been 92 massacres. Lots of children aged between 10 and 17 have been forcibly recruited to carry guns. That is just wrong, and I hope the British Government will do literally everything they can to help bring about a proper peace accord with the restitution of stolen land. There are six armed conflicts still ongoing in Colombia.

I want to refer to a few individuals I think are absolutely magnificent. Sasha Skochilenko, who is in Russia, fills her life with art and music. She plays all sorts of musical instruments. On 31 March, she peacefully protested against Russia’s invasion of Ukraine by replacing price tags in a local supermarket in St Petersburg with small paper labels containing facts about the invasion. She was arrested and charged for her peaceful action, and has been held in detention ever since in appalling conditions. I have mentioned many others in Russia who have been arrested this year. It is absolutely shocking, and I feel that our refusal to deal robustly with the first annexation of Crimea in 2014 is part of what emboldened Putin. We must learn from that as we face the rest of the world.

Luis Manuel Otero Alcántara is a self-taught black Cuban artist. He loves to paint, dance and wear the colour pink—it doesn’t do any good for me. On 11 July 2021, he posted a video online saying he would be joining one of the largest demonstrations that Cuba has seen in decades. He was arrested and taken to Guanajay maximum security prison, where he remains to this day. His health is declining and he needs proper care. Would we have that courage in this country? Would anyone in this Parliament have that courage if we thought we would be arrested and sent to a foul, dirty prison with no proper healthcare, food and warmth?

Let me turn to the Magnitsky sanctions. As the Minister knows—I think she is wearing a jacket from my family clan, the MacLeods; I am not sure whether she has the right to wear it, but it is a human right that is extended now to all. [Interruption.] But not MacLeod.

[Dame Maria Miller (in the Chair)]

Order. Stick to the subject.

[Chris Bryant]

I care passionately that one of the things that the Government have done that is good in the past few years is to introduce the Magnitsky sanctions, after a lot of brow-beating by some Conservative and Labour colleagues. The former leader of the Conservative party, the right hon. Member for Chingford and Woodford Green (Sir Iain Duncan Smith), and I chair the all-party parliamentary group on Magnitsky sanctions. To date, the UK has made only 108 designations under the Magnitsky sanction regime, accounting for 14% of all Magnitsky sanctions imposed globally. Some 69% of sanctions imposed by our allies in the United States of America, the European Union and Canada have not been replicated by the UK, and I simply do not understand why there is such an enormous lacuna. Only 2% of UK sanctions target perpetrators in states considered to be allies of the UK, all of which relate to Pakistan. Is that just because we have decided that if a Government are an ally, we will not impose any sanctions, even on individuals who are manifestly abusing human rights? If so, that is a problem.

The potential consequences of the UK’s failure to co-ordinate with its allies has been exposed this week. Al-Jazeera has reported that, last Human Rights Day, the UK decided at the last minute not to join the US in imposing sanctions on the Rapid Action Battalion in Bangladesh, which is the security force responsible for thousands of extrajudicial killings and enforced disappearances. It is often referred to as the death squad.

It has also been reported that last year, after the US had imposed sanctions, high-ranking members of the Rapid Action Battalion travelled to the UK to receive training on, among other things, mass surveillance technology. The UK should not be involved in that. I hope that the Minister will be able to say that this is categorically untrue, and that she looks to her notes to reply on that matter later. This case demonstrates the significant consequences of the UK failing to act in response to such egregious human rights abuses, and failing to co-ordinate or multilateralise its sanctions. It has not only undermined the potential effectiveness of the US sanctions, but led to the UK potentially being complicit in the human rights abuses taking place.

Finally, I pay phenomenal tribute to the women of Iran. There is no greater courage to be seen in the world today—and people have been killed today in Iran—than that which we have seen from the women there. Women lead where often men need to follow.