European Union (Withdrawal) (No. 2) Act 2019 (Rule of Law)

Stephen Doughty Excerpts

Monday 9th September 2019 Commons Chamber

[Mr Bone]

I am sure that Eric Forth was much better. He will probably be looking down, saying, “Oh my goodness, what a shower there is on both sides!” He would do this far better than me and he would wear a much better tie in the process, but alas, he is in a better place—and he will be wearing a better tie than the hon. Gentleman, that’s for sure. The really important point is that this House delegated the decision to the British people, and after three years, we have failed to do it. That is the fundamental difference between this and anything else that we normally debate.

[Stephen Doughty (Cardiff South and Penarth) (Lab/Co-op)]

The hon. Gentleman and I obviously disagree on the Brexit issue, but he would surely accept that since that point, we have had a general election where the Government lost their majority, and the Government have further lost their majority during that time. That is part of democracy. Given that the Prime Minister found time to vote in the last Division—we all saw him scuttling off down the corridor—is the hon. Gentleman not disappointed that neither he nor the Law Officers are here to explain whether or not they will comply with the law of this land?

[Mr Bone]

Do I think that the Prime Minister should waste his time coming to an Standing Order No. 24 debate—a general debate—about whether he is going to obey the law of the land? Of course he is going to obey the law of the land. Nobody doubts that point. The hon. Gentleman made another important point before that, which I have completely forgotten—sorry.

Persecution of Christians Overseas

Stephen Doughty Excerpts

Thursday 18th July 2019 Commons Chamber

[Chris Philp]

Yes, of course the Foreign Office should take a strong position on the persecution of any religious minorities, and of course the persecution of the Rohingya Muslims in Burma is a particularly egregious example. I am certainly not saying that we should ignore other examples of persecution, but I am drawing the House’s attention to the fact that 80% of religious persecution around the world is committed against Christians, and we should be mindful of that.

[Stephen Doughty (Cardiff South and Penarth) (Lab/Co-op)]

I completely agree with what the hon. Gentleman is saying about this situation, which is deeply horrific. I, too, spoke on an Open Doors panel, at the Labour party conference last year. He mentioned Saudi Arabia and Pakistan; does he accept that there is a fundamental problem here in that we have a series of alliances and relationships with these countries, but often turn a blind eye to the fact that they are persecuting Christians and indeed other religious minorities? Does he also agree that there is another problem in that we often do not know how many Christians are even in those countries, because people are fearful of stating what their religion is in the first place?

[Chris Philp]

I agree with both points—not knowing how many people are affected and the fact that we have quite close relationships with some of these countries.

For western Governments to fail to act makes us in many ways complicit in some of these outrages. As the noble Lord Alton has argued many times, failing to stand up to protect minorities simply serves to encourage the persecutors. Lord Alton has often referred to the fact that the world’s indifference made possible the slaughter of 1.5 million Christian Armenians between 1915 and 1917. He makes the point that ignoring some of these atrocities encourages even worse atrocities to be perpetrated in the future; Lord Alton has made that point very powerfully on many occasions.

Against that backdrop, the Bishop of Truro’s work has never been more important, and I fully support his report. The bishop finds that the persecution and murder of Christians around the world is

“the most shocking abuse of human rights in the modern era.”

In particular, I support the bishop’s call for a UN resolution stating that those countries that are responsible for tolerating or encouraging the persecution of Christians and religious minorities must instead protect them.

UK Ambassador to USA: Leaked Emails

Stephen Doughty Excerpts

Monday 8th July 2019 Commons Chamber

[Sir Alan Duncan]

Any decision to prosecute, as my hon. Friend appreciates, is a matter for those authorities who assess the evidence and then make the decision, so it would be inappropriate for me to suggest that something is certain, although I accept that he was asking about what would happen, conditionally. However, I hope he will appreciate that our view is that the investigation should be deep, thorough and severe, and that we should follow the law if we find the culprit.

[Stephen Doughty (Cardiff South and Penarth) (Lab/Co-op)]

We need to call this out for what it is: the individual or individuals responsible for this leak have betrayed this country, and those attempting to justify it and to attack our ambassador and our civil servants are guilty of deeply un-British and deeply unpatriotic behaviour. I have been on the receiving end of diptels, and I agree with the Minister about how balanced they are and how crucial they are to good decision making in government—not least after the Chilcot report and what that taught us about decision making. Will the Minister therefore tell us what steps are being taken to increase the security around the circulation and handling of diplomatic telegrams?

[Sir Alan Duncan]

On the preamble to the hon. Gentleman’s question, I say: well said, in every conceivable respect. I agree with what he said. A review of classifications and security decisions of this sort in our communications, and their distribution, will, I am sure, be looked at, but I hope that he appreciates that our first priority must be to investigate the leak.

Department for International Development

Stephen Doughty Excerpts

Monday 1st July 2019 Commons Chamber

[Mr Robertson]

My hon. Friend is absolutely right. For a prosperous country—we are supposed to be the fifth largest economy in the world—that is a small amount to be asked to pay, but it has an enormous impact across the world.

[Stephen Doughty (Cardiff South and Penarth) (Lab/Co-op)]

I wholeheartedly agree with what has just been said. Our aid has made a huge impact. Under both Labour and Conservative Governments, there has been cross-party consensus on this. It is one of the few issues on which we have consensus in this House, and it is a good job we do, because it has made a huge difference. I chair the all-party parliamentary group on HIV/AIDS, and our aid through institutions such as the Global Fund has made a huge difference. I want to commend the Government for their fantastic announcement of £1.4 billion for the Global Fund in recent days. In 2000, when I was starting to work on these issues, there were only 2 million people globally receiving antiretroviral treatment for HIV; today, that figure is 22 million. This is literally life-saving treatment that we have been able to provide through our aid.

[Mr Robertson]

The hon. Gentleman is right to talk about the cross-party support for this issue in the House. The 0.7% target goes back a very long time, and I am pleased that it was a Conservative-led Government who actually reached it, but it would be churlish not to recognise the work that Tony Blair did, for example, in highlighting the issue, and I am pleased to do so. Many other leading politicians have also done work on this. I am grateful to the hon. Gentleman for making that point, and I will come back to it in just a minute.

I mentioned the fact that we had given that £77 billion in aid since 2013, but what does that actually mean? It means that we have helped more than 1 billion children across the world to get an education, as well as helping more than 37 million children to be immunised and more than 40 million people to have access to clean water. These are things that we in this country take for granted, but our aid has helped people in those ways across the world and I am very proud of that.

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[Mr Robertson]

The hon. Lady raises a good point. I think it was Tony Blair who set up the separate Department, which provided it with focus. Thinking back before that, however, most right hon. and hon. Members would acknowledge the excellent work carried out by Baroness Chalker, even though the Department was then within the Foreign and Commonwealth Office.

I suppose there are two ways of looking at it. When I travel and meet DFID officials abroad, I often meet officials from the FCO, and maybe also from other Departments linked to it. Overall, I agree with the hon. Lady that this is such an important subject, and it obviously should have close ties to the Foreign Office, and probably to other Departments, too. As I say, 25% of the overseas aid budget is spent by other Departments, so there has to be a close link. I am probably persuaded that that should be the case. I will talk to the successful leadership candidate, whoever they are, about this issue in due course.

I mentioned that other Departments spend about 25% of the aid budget, and that proportion has increased significantly—it was 11.4% in 2013. That spending can be a good thing, because it draws on the expertise of those other Departments. In certain cases, money is provided that might not have been so quickly forthcoming if those Departments had to queue outside the Treasury for it.

However, the spending raises the question of whether these other Departments quite have DFID’s experience and expertise in delivering aid. The Department of Health and Social Care, for example, might be expert in handling health-related issues—I am sure it is—but DFID has that experience of delivering projects abroad. There is a question mark over whether we have got to the right level. Hopefully the Minister will give us some guidance.

[Stephen Doughty]

The hon. Gentleman is generous in giving way again. Does he agree that that underlines the point made by my hon. Friend the Member for Bristol West (Thangam Debbonaire) on the importance of having DFID leading on this? DFID has that expertise and experience as a separate Department and, actually, some of the criticisms levelled by the National Audit Office and others—I am not an aid purist, and some important aid spending needs to be done in conjunction with other Departments, such as through the Stabilisation Unit, International Climate Finance and other institutions —have been levelled at spending when it has been done well but without the remit of DFID. We need to see DFID in a leading role, using its expertise to ensure our money is spent effectively.

[Mr Robertson]

The hon. Gentleman makes a good point, and I look forward to hearing whether the Minister thinks that 25% of the budget being spent by other Departments is about right, too high or too low. I have not necessarily come with answers. I am asking as many questions as I am giving answers, but that is the nature of this debate.

This spending also raises the question of transparency, because the other Departments do not have the same legislative requirements. For example, the International Development (Reporting and Transparency) Act 2006 requires DFID to report to Parliament on where the money is spent, but other Departments are not covered by the Act.

The targeting of aid is something else that concerns some people. In 2017, the last year for which figures are available, DFID spent 66% of its bilateral aid budget on the world’s poorest countries, but the other Departments spent only 25% of their bilateral budgets on the least developed countries. There are always explanations and more details behind these figures but, on the face of it, we need to look at it and ask questions.

Through bilateral aid, we have complete control of the projects we fund; and through multilateral aid, we work with other agencies and do not have the same control, and the priorities of those other agencies might be slightly different from ours. There are different nuances within each of those headings, too. This is never a simple subject.

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[Stephen Twigg]

I agree. I am keen to emphasise that the Government’s own reviews suggest that most of these European-run programmes are good, so there is a strong likelihood that we would, if given the opportunity, volunteer to remain part of them, but the right hon. Gentleman is absolutely right that we would have more flexibility in terms of any programme that we might not want to support, and that would free up some money.

[Stephen Doughty]

I very much hope that, whatever happens on Brexit, we will be contributing to those European programmes that have been so well regarded.

Does my hon. Friend agree that one of the crucial things about having DFID as a separate Department with a Cabinet-rank Secretary of State has been our ability to influence and shape global institutions? Having a Secretary of State going to World Bank board meetings, attending sessions of the Global Fund and attending crucial UN meetings has given us greater influence, not just through our money but through political investment. That is why we need to ensure that we have a strong, separate Department with a Cabinet-rank Secretary of State.

[Stephen Twigg]

I absolutely agree. When DFID was created in 1997, the UK governorship of the World Bank shifted from the Chancellor of the Exchequer to the Secretary of State for International Development. That was absolutely the right thing to do. It has given us a strong voice in these multilateral organisations, including the World Bank.

Let me comment briefly on the three other areas that I identified—first, localisation. The hon. Member for Banbury (Victoria Prentis) made this point earlier, and it is very important. We frequently take evidence from organisations that say that it can be hard for a smaller company or smaller non-governmental organisation to get access to some of DFID’s contracts and programmes. That applies whether those companies and NGOs are in this country or in other countries. Greater opportunity for those smaller organisations to access programmes is important.

Alongside that, it is important that we see more autonomy for DFID’s country offices. I was interested to listen to the Secretary of State when he came to the Committee last week, because he was proposing something quite radical in terms of greater autonomy for the country offices. He made an important point—it is something we said in one of our reports—about the concern that, in recent years, DFID has lost some of its in-house expertise in certain areas and made itself much more reliant on contracting for that expertise. Indeed, many of the people now getting the contracts used to be the in-house experts. The Secretary of State contrasted how much DFID spends on specialist country advisers on education or climate change with some of the other donors who spend a lot more. I welcomed him saying to us that he would look at that again, and all power to his elbow.

Sudan

Stephen Doughty Excerpts

Thursday 13th June 2019 Commons Chamber

[Harriett Baldwin]

The hon. Gentleman will be aware of the Foreign Secretary’s prioritisation of freedom of religion and belief in his work, and my colleague from the other place, Lord Tariq Ahmad, was in Khartoum last year making precisely this point.

The hon. Gentleman makes a very sensible point about the Human Rights Council. He will be aware that we tried to raise this at the Security Council last week but it was blocked by Russia and China. However, we will of course explore all international avenues to make sure that we keep this issue on the agenda.

[Stephen Doughty (Cardiff South and Penarth) (Lab/Co-op)]

Cardiff has a strong and long-standing Sudanese community and many concerns have been raised with me by constituents who are also deeply worried about friends and relatives whom they are unable to contact because of the cutting off of the internet and communications. As the two former International Development Secretaries have said, unfortunately, cutting off information and using brutal tactics against civilians are par for the course for the Sudanese military and security forces. Given what the Minister said about UNAMID, what other methods can be used to verify what on earth has gone on, because I have heard horrific stories from individuals? Are we talking about the involvement of the International Committee of the Red Cross or other independent human rights monitors if UNAMID and other forces are not going to be in Khartoum and elsewhere? What message does she have for countries that continue to provide the Sudanese military and security forces with direct assistance, given their horrific record of abuse of civilians?

[Harriett Baldwin]

To the hon. Gentleman’s latter point, we believe it is important to raise those concerns with the relevant countries at the earliest possible opportunity, and I can assure him that we will be doing that. With regard to the documentation and the closing down of the internet, he makes some sensible suggestions on the ways in which we must try to ensure that we continue to be able to hold people to account for their actions, and I look forward to updating the House about the actions we have taken in that area.

Rules of the Court of Judicature (Northern Ireland) (Amendment) (EU Exit) 2019 Civil Procedure (Amendment) (EU Exit) Rules 2019

Stephen Doughty Excerpts

Monday 25th February 2019 General Committees

[Sir Alan Duncan]

It is a pleasure to serve under your chairmanship, Ms McDonagh.

Colleagues will recall that the Sanctions and Anti-Money Laundering Act 2018 provides the UK with the legal powers to impose, update and lift sanctions regulations, and to update our anti-money laundering framework after we leave the EU. An important feature of the sanctions Act, which was discussed in detail during its passage, is the right provided to designated persons to challenge their designation. Chapter 2 of the Act provides a route for the designated person to request that the Minister carry out an administrative review of their designation.

The Sanctions Review Procedure (EU Exit) Regulations 2018 came into force on 7 January and set out the process to be applied in relation to such reviews. A review could be requested for various reasons, including when a designated person believes that the reasons for their designation are incorrect or that particular information associated with the designation is not correct. If, following the review, the Minster’s decision is to uphold the designation, the designated person has the right, under section 38 of the sanctions Act, to apply to the High Court in England and Wales and in Northern Ireland, and to the Court of Session in Scotland, to have the decision made against them set aside.

The statutory instruments set out the process that is applicable to such court challenges. They are a technical step in the establishment of the new autonomous UK sanctions regimes. They make technical amendments to the Civil Procedure Rules 1998 for England and Wales, and to the Rules of the Court of Judicature (Northern Ireland) 1980. They do not make any new substantive provisions. The instruments provide the procedure that will apply when challenges to sanctions decisions are brought before the courts of England and Wales and of Northern Ireland under the 2018 Act.

[Stephen Doughty (Cardiff South and Penarth) (Lab/Co-op)]

Will the Minister give way?

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[Stephen Doughty (Cardiff South and Penarth) (Lab/Co-op)]

It is a pleasure to serve under your chairmanship, Ms McDonagh.

I have a few questions for the Minister, the first of which is a technical one. There is no statutory instrument for Scotland, so I assume a similar process is being gone through in the Scottish Parliament or in a different statutory instrument Committee. Will he clarify that, so that we have coherence about the sanctions regime across the UK as a whole?

Secondly, I share the concerns of my hon. Friend the Member for Bishop Auckland on the Front Bench about the use of secret courts and closed sessions more generally. Having served alongside those working in government and with sensitive material, in particular in the international sphere, I understand the need for such courts in certain cases, but I believe fundamentally that those cases should be very restricted. We do not want to set any wider precedent for our courts or such services.

[Helen Goodman]

The other thing that the statutory instrument lacks is any process for review of how the process is working—not the individual sanctions, but the process and its secret aspect.

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[Stephen Doughty]

Indeed. I was going to ask the Minister a similar question—who will act as an oversight body? Will it be the Lord Chancellor or the Ministry of Justice, or will an independent body review such materials? Will individuals who are security cleared to the appropriate level, for example, review how information is used and whether those secret sessions are operating appropriately? Personally, I am always happy to accept the independent assurances of those with the appropriate clearances who review such matters, but will the Minister reassure us at that level?

I ask that because I have concerns about how secrecy is used in other cases, such as under the arms export control legislation. For example, secret hearings were held about the arms sold to Saudi Arabia in relation to Yemen. Obviously, in most cases I want to be able to support the Government in their efforts to impose sanctions on those who have done wrong or put our national security or financial services under threat, but the danger is that by using such powers in this area, we might unnecessarily set a precedent in other areas, which could be used by the Government to go about business that I believe should be fully in the public domain, with the appropriate oversight.

Will the Minister tell us what additional steps are being taken to ensure that there are safeguards for those wrongly caught up in sanctions and anti-money laundering legislation? The statutory instruments are part of that, but many of us had the experience of being caught up in the new PEP—politically exposed person—regulations. Doing simple transactions as an MP or a person of public interest is often a lot more difficult these days because we are subject to those safeguards. I totally appreciate why they need to be in place, but in some cases individuals wrongly end up on sanction or travel ban lists just because of their name—a mis-spelling or a common name—with those of Islamic or middle eastern origin often being confused. Will the Minister provide some reassurances about how such people can receive redress?

Overall, in relation not only to the statutory instruments but to the more general Brexit legislation in this area, does the Minister believe that there will, regretfully, be a degradation in our ability to co-operate with others across Europe on such matters? One of the strengths of the European sanctions regime has been the co-ordinated effort by many countries that are interlinked financially and in other respects. Unfortunately, by setting up our own separate regime, however much we choose to ally ourselves with countries across Europe, we risk creating loopholes and gaps for individuals to exploit.

I appreciate that in some areas we could apply higher sanctions and tests, which others may not agree with, but can the Minister provide reassurance in that respect, not least given the involvement of Russia and other foreign states, and of individuals with money, in attempts to undermine our democratic processes—the very actions that these rules are concerned with? The public and those investigating these matters have many unanswered questions.

[Sir Alan Duncan]

I am grateful to hon. Members for their pertinent questions. Let me first address the general point on the right to challenge that the hon. Member for Bishop Auckland made at the beginning of her comments.

When we were preparing the 2018 Act, I sought ardently to ensure that there were initially easy ways of challenging a designation. If we get the wrong Igor or the wrong Ahmed, for instance, it is right that someone should be able to walk straight into the government system—I am exaggerating, but hon. Members know what I mean—and say, “Oi, you’ve got the wrong bloke here,” without having to go to court. I thought it was very important for the 2018 Act to contain a process that allowed someone inexpensively, and simply by presenting the facts, to point out where a mistake might have been made, rather than having to spend a lot of money with lawyers. One of the reasons I felt so strongly about that is that 15 years ago, a company in my constituency was sanctioned because someone got the wrong company of the same name. I therefore thought it was very important to embody that early stage of redress in the process.

However, inevitably, in this world of sanctions, where we are dealing with people who may be very rich or corporately very clever and sneaky, we must also have a proper court process. [Interruption.] Excuse me—say something!

[Stephen Doughty]

The Minister is making an important point about redress. We share information about sanctions and those who are sanctioned with our Five Eyes partners and others. Perhaps he will confirm, after he has enjoyed a drink of water, the importance of having redress numbers and other identifiers so people are not caught up in the US electronic system for travel authorisation, for example.

[Sir Alan Duncan]

May I express my deep gratitude to the hon. Gentleman for his learned and well-timed intervention?

Oral Answers to Questions

Stephen Doughty Excerpts

Tuesday 4th December 2018 Commons Chamber

[Vicky Foxcroft (Lewisham, Deptford) (Lab)]

1. What recent discussions he has had with his European counterparts on continued diplomatic co-operation after the UK leaves the EU.

[Stephen Doughty (Cardiff South and Penarth) (Lab/Co-op)]

8. What recent discussions he has had with his European counterparts on continued diplomatic co-operation after the UK leaves the EU.

[Mike Amesbury (Weaver Vale) (Lab)]

20. What recent discussions he has had with his European counterparts on continued diplomatic co-operation after the UK leaves the EU.

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[Mr Hunt]

I do not comment on confidential Cabinet discussions, except to say that I started my comments at that meeting by saying that this is a time when all of us owe our loyalty to the Prime Minister, who has an extremely challenging job. And like many Members of this House, I am looking forward to a delicious roast turkey for Christmas.

[Stephen Doughty]

It is not a coincidence that Russia has chosen this opportunity to take further military action against Ukraine and to continue to stir up trouble. Why does the Foreign Secretary think that so many former diplomats and others are totally opposed to the deal that the Government are putting forward on Brexit? Is it because it will undermine our diplomatic capacity in the world and our ability to stand up to those who would seek to divide and undermine Europe and this country’s national interests?

Yemen

Stephen Doughty Excerpts

Wednesday 21st November 2018 Commons Chamber

[Mr Hunt]

In this specific case, I reassure my hon. Friend that our armed forces are not involved at an operational level in the activities of the Saudi coalition to the extent that he suggests. Because of our commercial relationship with Saudi Arabia, however, we are very actively monitoring its compliance with international humanitarian law. We have a lot of contact with the Saudis about that and we raise regular concerns when we think things are going wrong.

[Stephen Doughty (Cardiff South and Penarth) (Lab/Co-op)]

The Foreign Secretary and the Minister of State are well aware of my long-standing concerns about our policy on Yemen, particularly arms sales, but I want to thank the Foreign Secretary for the personal effort he has put in—by contrast to his predecessor—and to thank the Minister of State for his regular and ongoing conversations. I pay tribute to my right hon. Friend the Member for Leicester East (Keith Vaz) for the conference he organised in Paris, which I also attended. He gave a clear message to the Houthis and others that they must attend the talks and take part in the process.

Does the Foreign Secretary agree that one of the best things that the coalition could do is to end the bombardment of Hodeidah—there have been indiscriminate attacks in the last few days—as that would provide a good precondition for the talks in Stockholm? Does he also agree that we need to address the issue of safe transport for the Houthi delegation? They made their concerns clear to us: can he assure me that we will do all that we can to ensure that they do not have any excuses not to attend those talks in Sweden?

[Mr Hunt]

I will always listen to the hon. Gentleman, who is a former humanitarian worker. He is right that safe transport to the talks in Sweden, and the ability to get back to Yemen afterwards, is a big concern of the Houthis. I am confident that we are pretty much there in terms of resolving the issue. He is right to say that the situation is urgent, and we need to listen carefully to Houthi concerns if we are to build up trust on their side to allow them to engage in a way they did not feel able to do in August.

Death of Jamal Khashoggi

Stephen Doughty Excerpts

Monday 22nd October 2018 Commons Chamber

[Mr Hunt]

I am happy to make that commitment. I totally agree with my right hon. Friend about the importance of the Gulf Co-operation Council states. I agree also that we still have a lot of influence and many friends across the region and that our voice is still listened to. We have an obligation to use that influence as wisely as we can.

[Stephen Doughty (Cardiff South and Penarth) (Lab/Co-op)]

There have been serious allegations in recent days that individuals who were potentially involved in this incident have been in and out of Government buildings here, including this place. I can confirm one, as one of the individuals met me to put pressure on me because I had been critical of Saudi policy on Yemen. What does the Foreign Secretary have to say about these allegations, and will he be changing his public or private advice to Members of this House, journalists or members of the public about travel to Saudi Arabia or entry into any of their consulates or embassies in any other country—or, indeed, in this country?

Foreign and Commonwealth Office

Stephen Doughty Excerpts

Wednesday 12th September 2018 Ministerial Corrections

The following is an extract from the statement on Idlib on Monday 10 September 2018.

[Stephen Doughty]

What will be the consequences for Assad, Putin and other belligerents if these violations of international humanitarian law continue, whether through the use of chemical weapons, barrel bombs or cluster munitions, all of which are equally wrong? What assessment has the Minister made of the potential for such attacks to be carried out? What sanctions have been issued against individual Russians and others who command responsibility for operations in Syria?

[Alistair Burt]

In terms of consequences and accountability, sanctions are already in place against Russian entities and that will continue to be the case. Last week at the Security Council, the permanent representative read through details of the units of the Syrian army that were involved in the Idlib operation, together with the names of their commanders, and made it very clear that accountability would follow. I think that that was a bold and necessary step. [Official Report, 10 September 2018, Vol. 646, c. 465.]

Letter of correction from Alistair Burt.

An error has been identified in the response I gave to the hon. Member for Cardiff South and Penarth (Stephen Doughty) during the statement on Idlib.

The correct response should have been: