Israel and Gaza

Debate between Viscount Hailsham and Lord Ahmad of Wimbledon

Thursday 21st March 2024 Lords Chamber

[Lord Ahmad of Wimbledon (Con)]

My Lords, I can give the noble Lord both those assurances. This week my noble friend the Foreign Secretary has spoken directly to hostage families. I also met, for a second time, one of the mothers of the hostage families; he is not in his place, but I am grateful to the noble Lord, Lord Levy, for arranging that. It is important, and I assure the noble Lord and your Lordships’ House that this is a key priority. That is why we need the fighting to stop now so that we can get the hostages returned and aid in. To his point on remains, I remember a very poignant meeting, together with my right honourable friend the Prime Minister, at which one of the relatives looked at me quite directly and said that irrespective of our faiths—I speak as a Muslim and she was of the Jewish faith—we all recognise the importance of closure, and we need to bring closure to the families of those tragically killed.

[Viscount Hailsham (Con)]

My Lords, will my noble friend impress on his counterparts in the Israeli Government that, difficult though the two-state, or confederal, solution may be, it is by far the least bad of those that are available—not least because if the political aspirations of the Palestinian people are not met by such an approach, there will be no lasting peace?

[Lord Ahmad of Wimbledon (Con)]

I totally agree with my noble friend, and that is why we have impressed, and my noble friend the Foreign Secretary has made clear, that a key component of the key deliverables for a sustainable peace is a political horizon towards the two-state solution, which includes—as the Saudi Foreign Minister rightly said—irreversible steps to that solution. There is a real willingness and recognition of the need—I know that many in your Lordships’ House who know the Palestinians and Israelis would agree—to ensure security, stability and peace between both peoples, and that can be delivered only through a viable two-state solution.

Violence in the West Bank

Debate between Viscount Hailsham and Lord Ahmad of Wimbledon

Thursday 6th July 2023 Lords Chamber

[Lord Ahmad of Wimbledon (Con)]

My Lords, on the noble Baroness’s first point, I have directly met some of the NGOs, including Medical Aid for Palestinians, in my office in the last 48 hours and we discussed specific measures. Engagement with NGOs is a key part of my priorities. We will be convening a session tomorrow on this issue at the UN Security Council. It is a closed session but will be followed later in our presidency with a more extensive debate on the Middle East peace process. I share all the relevant concerns expressed by the noble Baroness about the need for negotiation and for peace to prevail.

[Viscount Hailsham (Con)]

Will my noble friend say to his counterparts in the Israeli Government that those of us who are strong supporters of the state of Israel are none the less deeply concerned by the building of settlements outside the internationally recognised frontiers of Israel, by the absence of any obvious movement on a peace settlement or agreement with the Palestinians, and by the propensity to use massive force? Does he agree that this is not a stable situation?

[Lord Ahmad of Wimbledon (Con)]

I totally agree with my noble friend. For the record, again, the United Kingdom’s position on the settlements is clear: they are an impediment to peace. As my noble friend illustrated, those settlements are of course illegal under international law.

Northern Ireland Protocol Bill

Debate between Viscount Hailsham and Lord Ahmad of Wimbledon

Committee stage
Wednesday 2nd November 2022 Lords Chamber

[Lord Ahmad of Wimbledon (Con)]

My Lords, I thank all noble Lords who have taken part in this debate and fully acknowledge that there are issues that noble Lords have raised before. In particular, I refer to the noble and learned Lord, Lord Judge, who once again, in his usual forensic and specific way, highlighted with great brevity the main issue of concern. I acknowledge that this has been raised by noble Lords during the passage of the Bill. However, I will revert to the specific amendments and seek to provide answers to some of the questions raised. I caveat that by saying that we will review some of the specific technical questions relating to previous debates—and, indeed, to previous Bills and treaties—and ensure that we provide a comprehensive response.

I thank the noble Lord, Lord Purvis, for acknowledging the letter. I hope that having three Ministers on the Front Bench is better than one. It underlines the importance that we attach to your Lordships’ House on the Bill. I also want to say from the outset, on the issue that the noble Lord, Lord Purvis, raised about the extent of the EU mandate, that we shall ask it to change from its earlier negotiating position.

My noble friends Lord Dodds, Lord Lilley and Lord Hannan alluded to the essence of why the Bill is necessary. Of course these things are negotiated. Every contract and treaty is made in good faith. The noble Baroness, Lady Chapman, was right to gaze in my direction. We are of course negotiating in good faith. If we were not, it would be a non-starter—it is as simple as that. I mentioned that I was in the last call that we had with the European Commission. We want to pursue a negotiated settlement because we believe it is in the interests of all parties and, in particular, it takes forward the concerns to which my noble friend Lord Dodds alluded. I agree with the noble Baroness, Lady Chapman, that it is important that we hear a broad debate about all the concerns that exist, particularly among all the communities in Northern Ireland.

Turning to Amendment 16 in the name of the noble Lord, Lord Purvis of Tweed, the power in Clause 12(3), also referred to by the noble and learned Lord, Lord Judge, is in line with those contained elsewhere in the Bill, but it ensures the proper implementation of the regime set out elsewhere in Clause 12, including taking account of any developments that could arise as a result of changes to the subsidy control landscape.

My noble friend Lady McIntosh raised the issue of agriculture. To respond to her, my understanding is that Clause 12 applies to agricultural subsidies. The purpose of Article 10(2) was to provide the flexibility needed to avoid Northern Ireland businesses losing out from leaving the common agricultural and fisheries policies. Clause 12 achieves flexibility by disapplying EU state aid law, rendering the carve-outs unnecessary. Agriculture and fisheries will be dealt with under the domestic regime. The new domestic regime provides a single coherent framework for all sectors. The inclusion of agriculture and fisheries will protect competition and investment in these areas across all parts of the UK, as it does for other sectors.

My noble friend Lord Dodds also talked about the detail of the regulations. Of course, I accept the importance of the need for the regulations. There will be opportunities to look at the regulations and for them to be scrutinised through normal parliamentary procedures. However, I note the points that have been made by my noble friends and other Peers in this respect. As I indicated earlier in respect of the information that we will seek to provide—

[Viscount Hailsham (Con)]

I intervene on a narrow point. Why is my noble friend against the test of necessity being included on the face of the Bill?

[Lord Ahmad of Wimbledon (Con)]

I believe that my noble friend is talking about the ministerial powers that exist here. We have had this debate before as well. We believe that a broader nature is necessary, and that is why “appropriate” is being used: to allow the maximum level of flexibility that the Government believe will be required. Of course, I accept there are differing opinions and views on this. Indeed, in conversations I have had, including with the noble Lord, Lord Pannick, to which I have alluded previously, there have been various Bills that have gone through your Lordships’ House where this discussion about “appropriate” and “necessary” has taken place, particularly with regard to the powers of Ministers and how those might be exercised. Of course, I note the point my noble friend is making.

The issue raised by the noble Lord, Lord Purvis, on TCA structures and state aid continues. TCA structures allow disputes to be raised, and the withdrawal agreement also provides structures for consultations as well. That very much remains the case. The noble Lord, Lord Purvis, also asked why the Government concluded that they had to remove state aid requirements from the protocol. The Government have been clear about the problems caused in practice by Article 10 of the protocol. This was first raised in our Command Paper in July 2021.

The noble Baroness, Lady Crawley, talked about a trigger point. Partly, this has been a culmination of the evidence and the practical experience, as was articulated by my noble friend Lord Dodds. The current system of operating two subsidy control systems within one country has created complexity and uncertainty, which is impacting policy across the UK. Irrespective of how noble Lords are approaching this Bill, either in support of or against what the Government are proposing, we all recognise that what needs to be resolved is the situation in Northern Ireland. Article 10 has also placed considerable administrative and legal burdens on businesses; for example, facing detailed questions about their operations from authorities to establish whether subsidies could be in scope of the protocol itself.

I have already referred to the powers. Noble Lords have been very articulate in making their concerns about the powers known but, again, I have underlined the importance of the necessity of these powers. To demonstrate in detail, in the previous day in Committee, we alluded to what this would require if everything was put into primary legislation.

Turning to Amendments 17 and 19, tabled by my noble friend Lord Leigh of Hurley, I am grateful for my noble friend’s contribution and for his reaching out to officials before this debate. My noble friend has powerfully illustrated the problems arising from Article 10 of the protocol and how they can arise in unexpected places across the United Kingdom and our economy. Article 10 can lead to uncertainty and delays in the delivery of subsidy schemes in Northern Ireland in comparison with Great Britain. They are exactly the sorts of problems that Clause 12 is seeking and intending to resolve, including to unleash further investment, to which my noble friend alluded, across the whole of the United Kingdom. The concurrent operation of two subsidy control regimes is a fundamental challenge for public authorities and beneficiaries across the UK. The solution put forward in the Bill truly addresses the challenges the Government believe exist, and will provide certainty across the UK.

Northern Ireland Protocol

Debate between Viscount Hailsham and Lord Ahmad of Wimbledon

Tuesday 17th May 2022 Lords Chamber

[Lord Ahmad of Wimbledon (Con)]

I am glad that a Statement such as this has brought the kind of unity the noble Baroness has referred to. Equally, I agree with her that it is important that at the forefront of this is the Belfast/Good Friday agreement. Many Members of your Lordships’ House were involved with the hard, technical negotiations which brought that forward, and it is also important that we not only sustain it but continue to strengthen it. Ultimately, yes, it is about sovereignty and unity and ensuring that the people of Northern Ireland, who are an integral part of the United Kingdom, enjoy the same benefits.

[Viscount Hailsham (Con)]

My Lords, in the autumn of 2019, Mr Johnson on many occasions asserted that the Northern Ireland protocol would not create a trade barrier between Northern Ireland and the remainder of the United Kingdom. That is not the case. That was never the case. Why did he say that? Was it because he did not understand what he had agreed, or was it because he did not want the true facts to be known to the electorate? We need an explanation, and we need one before this House is asked to consider further legislation.

[Lord Ahmad of Wimbledon (Con)]

My Lords, my right honourable friend the Prime Minister articulated the importance of the principles of the protocol. We wanted to ensure that there were no differences between the opportunities afforded to businesses and people in Northern Ireland and those in the rest of Great Britain. That has not been the case. We have continued to negotiate on finding solutions with our colleagues across the EU in practical and collaborative ways. As I have said already, and I articulate again to my noble friend, that door is very much open for discussions. It is important that we look to address those very issues, which are not just being highlighted by the UK Government; these issues are being highlighted in practice by the communities of Northern Ireland. As the Statement said, every political party in Northern Ireland believes that the protocol needs to be amended. Also, importantly, businesses are making the case very strongly. It is important, as a responsible Government, that we act accordingly.

Middle East: Security Update

Debate between Viscount Hailsham and Lord Ahmad of Wimbledon

Tuesday 7th January 2020 Lords Chamber

[Lord Ahmad of Wimbledon]

My Lords, first, I thank the noble Lord for keeping me updated on various issues during the Christmas break. I expected nothing less in terms of the questions he asked, and I look forward to our more detailed sit-down to discuss some of the issues he has raised.

The noble Lord is quite right to raise the important issue of the situation in northern Syria. He also mentioned the KRI region. First, I will reflect Foreign Office advice. When it comes to the KRI, we are saying that non-essential travel should not be taken up, but, if travel is essential, stability continues to prevail in the KRI and we continue to offer support.

The noble Lord knows the importance of bringing the perpetrators of these crimes to justice. Therefore, during conversations between my right honourable friend the Prime Minister and the Iraqi Prime Minister, we emphasised again that, while we respect the Iraqi Parliament’s decision, we want to ensure both that there is no withdrawal of either US or UK troops, as limited as UK troop numbers are, and that, in a wider respect, the positive impact on the ground of the measures we have taken—in beginning to see accountability and justice for the victims of crimes, particularly those committed by Daesh—is not lost because of these particular actions. I assure noble Lords that we are doing all we can through all necessary channels to keep that very much on the table.

[Viscount Hailsham (Con)]

My Lords, my noble friend will know that President Trump and his Secretary of State, Mr Pompeo, justified the drone attack by reference to the principle of self-defence in international law. Will my noble friend tell the House whether the Government have seen any material that justifies that assertion? Furthermore, does my noble friend agree that, if Mr Trump or the American Government were deliberately to use disproportionate force—or deliberately target sites of cultural importance, for that matter—they would be in clear breach of international law?

[Lord Ahmad of Wimbledon]

My Lords, on the second point made by my noble friend, again I am sure that he has seen the statement made, I believe, yesterday by Secretary of State Pompeo in which he emphasised how important it was that the actions of the US will adhere to international law. On the issue of taking action in self-defence, as I have said, this was a matter very much for the US and I am not going to second guess from the Dispatch Box that assessment. However, it is certainly our view that, while we do not doubt that there were plans for imminent attacks on American diplomats and military personnel, I should reiterate that, rather than speculate about what has happened, our focus should be on seeking to ensure that we de-escalate at this time.

Jamal Khashoggi

Debate between Viscount Hailsham and Lord Ahmad of Wimbledon

Tuesday 23rd October 2018 Lords Chamber

[Lord Ahmad of Wimbledon]

I thank both noble Lords for their statements. I appreciate that Members of this House, and of the other place, stand together in solidarity to ensure that the tragic victim of this murder ultimately sees true justice, and in condolence and support for his family and friends. Noble Lords will appreciate that recent events are moving very quickly. The noble Lord, Lord Collins, referred to the statement made earlier today by President Erdogan of Turkey, in which he revealed some further information about their investigation. The full report has yet to be released, but I assure the noble Lord and your Lordships’ House that we fully support the Turkish investigation into this case. In the representations made by my right honourable friend the Foreign Secretary, our ambassador to Riyadh and others, we have consistently reminded the Saudi administration—at the highest level—of the need for their full co-operation with the investigation by the Turkish authorities. We continue to follow that very closely.

Having heard and read the statement this morning, I share the deep concerns expressed by the noble Lord, Lord Collins—and, I am sure, felt by every Member of your Lordships’ House—about the detail of what is unravelling. There has to be credibility in the Saudi statement. Looking back at the accounts over recent weeks, what started as a denial translated into an accidental attack when a fight ensued. The Saudi Foreign Minister has now admitted that it was a “murder”—that is his word. It is appropriate that we see the Turkish investigation present its full results.

In response to the points made about the UK’s position, I reiterate the point made by the Foreign Secretary. We are looking carefully at the full outcomes and there will be consequences once the report is released. The noble Lords, Lord Collins and Lord Wallace, rightly raised the issue of arms sales. In my capacity as Human Rights Minister, I have spoken from the Dispatch Box about the situation in Yemen. I am taking a close look at arms sales generally and drawing the attention of colleagues in the Foreign Office to the issue. The United Kingdom Government will look at all the response options currently available. Members in the other place raised the issue of the Magnitsky clauses in the Sanctions and Anti-Money Laundering Bill. Noble Lords will know why we cannot enact these mechanisms until we leave the European Union. Both noble Lords mentioned sanctions policy and working with our European partners. I assure them that this is under discussion.

The noble Lord, Lord Wallace, raised the issue of working with EU partners. I reiterate the point made by my right honourable friend the Prime Minister. Practical progress is being made with our EU partners on our leaving the EU, but it is important to underline the importance of that relationship. Notwithstanding our differences in certain parts of the negotiation, we have stood firm when it matters. The noble Lord—and all noble Lords—will recall the time of the Iran nuclear deal, when Chancellor Merkel, Prime Minister May and President Macron issued a joint statement. It was entirely appropriate on the grave matter of the murder of Jamal Khashoggi, and we have again stood firm with Germany and France and issued a joint statement. That underlines the strength of our relationship with our European Union partners, notwithstanding our withdrawal from the EU.

The noble Lord, Lord Wallace, also rightly raised the issue of strategic partnership. We share much with Saudi Arabia: trade, defence and security, and intelligence. Much of that has also helped us to maintain a level of safety and security on our streets. However, the UK takes great pride in human rights, particularly the defence of journalists and their right to report freely and to criticise Governments and individuals within Governments. It is right that we stand up for those rights wherever they may be usurped. I assure noble Lords that that remains a key priority in my portfolio as Minister for Human Rights.

[Viscount Hailsham (Con)]

Will my noble friend press the Saudi Government to produce the body for independent examination? They must know where it is, and once it has been inspected, we will all have a much clearer view as to how he died.

[Lord Ahmad of Wimbledon]

My noble friend raises an important point. I talked earlier about the situation of Jamal Khashoggi’s family, who for several weeks did not know what his fate was. I assure my noble friend that, with Turkey, we continue to press on this important issue. Indeed, President Erdogan also made this point during his statement earlier today. It is important now to ensure that the full facts of the murder can be brought to the fore. But equally, for the family’s sake more than anyone else’s, we appeal to whoever knows so that good common sense will prevail in this terrible affair and at least some closure can be brought to the family by the body being presented, so that Jamal Khashoggi can at least be given an appropriate funeral.

Syria

Debate between Viscount Hailsham and Lord Ahmad of Wimbledon

Tuesday 15th May 2018 Lords Chamber

[Lord Ahmad of Wimbledon]

The noble Baroness is quite right: Turkey is also a key player in Syria, as we have seen through its engagement in Syria. Wide-ranging talks between the President of Turkey and my right honourable friend the Prime Minister will be under way shortly and Syria will be discussed. The noble Baroness raises an important point about engaging with Russia. As I have said previously from the Dispatch Box, we continue to do so at the United Nations, because they remain an important player. On the engagement of Iran and Israel in Syria, we implore all sides to show restraint. As the noble Baroness knows, we remain committed to the nuclear deal because we believe that to be the best way of ensuring Iran’s continued engagement and of finding a resolution further afield.

[Viscount Hailsham (Con)]

My Lords, I support the noble Lord, Lord West, when he says that President Assad is clearly going to be party to the negotiated settlement. I hope that we can avoid saying that individuals should be “held to account”. Although that may be morally and ethically right, it does encourage them to hang on.

[Lord Ahmad of Wimbledon]

We, and the international community, certainly do not want to encourage anyone we feel is not right for the process. Most importantly, anyone whom the Syrian civilians themselves feel cannot lead their country—it is, ultimately, their decision—should not hang on and we should not encourage him. As I have already said, we are not against the engagement of the Syrian regime, led by Bashar Assad, in the UN process, which all parties are signed up to. However, the fact is that they are not engaging in that process. We implore them, and anyone who has influence over the regime, to do so.

Iran Nuclear Deal

Debate between Viscount Hailsham and Lord Ahmad of Wimbledon

Wednesday 9th May 2018 Lords Chamber

[Lord Ahmad of Wimbledon]

The noble Lord makes important points. The robustness and application of and adherence to UN Security Council resolutions are part of ensuring the vital international rules-based system that we all subscribe to. That is a point that we continue to make to our colleagues, our friends and our allies—that is, the United States. I think that we continue to have a very deep, meaningful and strong partnership with the United States on a raft of different issues, and we continue to wish to see direct engagement from the United States. That is important, not just for our bilateral relationship but for the security and stability of various regions in the world. Therefore we will continue to engage in a very positive vein on this issue.

In the same context, we look towards the United States, our strong ally. We will work constructively and co-operatively with it to address the wider concerns, be it on the issue of ballistic missiles or sunset clauses, ensuring that the nuclear deal stays live.

[Viscount Hailsham (Con)]

Would my noble friend assist the House in this regard? If the United States seeks to impose sanctions on UK firms trading with Iran after it has reactivated the sanctions regime, would the United States then be in breach of any international treaty, law or rule? If so, what does the United Kingdom propose to do about that?

[Lord Ahmad of Wimbledon]

Again, my noble friend raises an important and pertinent point. As I have already alluded to, our immediate advice to UK companies impacted as such has been to take specific legal advice on their individual cases. The full implications of how these sanctions will translate is still being evaluated. Once more detail is available we will share that with the companies, as appropriate; but I cannot stress enough that any company in the United Kingdom that feels or believes it is impacted should take legal advice now.

Israel-Palestine Conflict

Debate between Viscount Hailsham and Lord Ahmad of Wimbledon

Tuesday 27th March 2018 Lords Chamber

[Lord Ahmad of Wimbledon]

The one point on which I will agree with the noble Baroness is that it is important to find a resolution to this long-standing issue. The Palestinians, as the Jewish communities of Israel before them, have suffered for too long from being disassociated and removed from the holy lands. We need to find a lasting solution that is fair for both the Palestinian people and of course Israel.

[Viscount Hailsham (Con)]

My Lords, I say to my noble friend that achieving the right of return is going to be extraordinarily difficult and probably impractical. What we can do is to urge upon the Government of Israel the importance of desisting from building settlements around Jerusalem. That could make a substantial contribution to a resolution of the conflict in the Middle East.

[Lord Ahmad of Wimbledon]

I agree with my noble friend. The issue of return in any refugee crisis that we have seen since time immemorial has always been challenging. I agree with him totally on the issue of settlements. Our position is clear: any settlement that is built in the Occupied Territories is illegal and against UN resolutions.

Sanctions and Anti-Money Laundering Bill [HL]

Debate between Viscount Hailsham and Lord Ahmad of Wimbledon

Wednesday 17th January 2018 Lords Chamber

[The Minister of State, Foreign and Commonwealth Office (Lord Ahmad of Wimbledon) (Con)]

My Lords, the opening line here says “I wish to thank noble Lords for putting forward this amendment”. I am not sure whether that best reflects the sentiments of the House. However, as I have said before, I deeply appreciate that this is a matter of great interest and concern to many in your Lordships’ House. In proceeding, I hope that in part I can reassure noble Lords that the powers in the Bill are taken with the utmost regard to your Lordships’ concerns. In the wider context, I also thank noble Lords for the practical, helpful and constructive engagement we have had. As a government Minister, I always approach legislation with the view that there will be times when we will disagree, but equally, we disagree with great respect to the House and to the incredible experience and wisdom in it. Where we are unable to agree, that does not mean that we have not listened. The Government’s position is a listening one, as the noble Lord, Lord Collins, said, and as we have demonstrably shown on both parts of the Bill. I also thank the noble Baronesses, Lady Kramer and Lady Bowles, for the constructive engagement we have had on the anti-money laundering aspects, and I am grateful for the key co-ordination role—I hope she will not hold this against me—that the noble Baroness, Lady Northover, played on this. I also very much appreciated the expertise that the noble Baroness, Lady Bowles, in particular, brought to this group.

Amendment 71A seeks to prevent regulations from making provisions that create new criminal offences. It is not unusual for requirements to be set in delegated legislation which can be enforced using criminal penalties, both in financial services legislation and other regimes such as health and safety. As I am sure all noble Lords are aware, in accordance with standard practice when implementing EU directives, criminal offences in this area have already been created in delegated legislation, in the Money Laundering Regulations 2017, made under the powers given by the European Communities Act 1972. This was also the case in their precursor, the Money Laundering Regulations 2007, which were brought into force—notwithstanding the contribution made by the noble Lord, Lord Collins—by the then Labour Government. The Bill therefore makes no changes to the current position in this sense and reflects the Government’s firm intention to continue imposing criminal penalties for breaches of anti-money laundering requirements.

These detailed provisions, setting standards and procedures for regulated businesses, should also be seen in the context of a separate penalty regime for the key substantive money laundering offences. Such offences are established under Part 7 of the Proceeds of Crime Act 2002, which provides for more punitive prison sentences of up to 14 years—for example, for those guilty of directly laundering the proceeds of crime.

The Government’s view is that removing their power to create criminal offences under secondary legislation would seriously weaken the enforceability of new regulations and therefore lower the effectiveness of the UK’s anti-money laundering regime.

[Viscount Hailsham]

Will my noble friend explain to the House why he is impliedly asserting that he cannot use primary legislation for this purpose?

[Lord Ahmad of Wimbledon]

As I have indicated, this is not a departure from what already exists. I have already quoted previous Acts and talked about the ways in which Governments of different political colours have used secondary legislation in the past for this purpose.

More generally, noble Lords may recall that it is not unusual for requirements, which can be enforced using criminal penalties, to be set in delegated legislation. In response to my noble friend, in the area of financial services, for example, the Regulated Activities Order under the Financial Services and Markets Act 2000 specifies which activities are or are not regulated. Carrying on such activities without permission from the regulator is a criminal offence.

I assure noble Lords that I am sympathetic to the arguments on the constitutional position, and I say to the noble and learned Lord, Lord Judge, that I have listened very carefully to his contributions—we have had positive engagement on various parts of the Bill. However, as I have indicated, it remains the Government’s position that it is neither unusual nor improper for Parliament to confer powers of this type on Ministers, as we have done previously and has been accepted. I shall turn to the appropriate safeguards relating to these powers in a moment.

I would like to set out why the ability to create criminal offences specifically for the UK’s anti-money laundering regime is necessary. When the Government consulted on whether to remove the specific criminal offence provisions in previous money laundering regulations, the British Bankers’ Association stated that removing such provisions would be at odds with the objective of driving an effective anti-money laundering regime. Furthermore, the Crown Prosecution Service argued that provisions for creating criminal offences in the money laundering regulations different from those in the Proceeds of Crime Act 2002 serve a separate and useful function in tackling money laundering. In some instances, prosecuting according to the Proceeds of Crime Act 2002 could jeopardise ongoing investigations. It said:

“In such cases, the ability to prosecute for a regulatory offence relating to defective”,


anti-money laundering or counterterrorist financing,

“systems can be an important tool”.

Finally, in response to the same consultation, HMRC noted that abolishing criminal sanctions for breaches of regulations “carries significant risk” to its ability to tackle money laundering. In lieu of such sanctions, if the UK wishes to maintain a functioning anti-money laundering and counterterrorist financing regime post our departure from the European Union, it is vital that the Government continue to have the power to create criminal offences for those regimes.

As the noble Baroness, Lady Bowles, pointed out, there are other amendments in this group. Amendments 90 and 92 envisage the same effect as that of Amendment 71A. Amendment 90 aims to prevent future regulations containing provisions to create new criminal offences, while Amendment 92 deals with provisions relating to penalties for such offences. As I set out to noble Lords previously, removing the Government’s ability to create criminal offences would seriously weaken the enforceability of new regulations, thereby, we believe, lowering the effectiveness of the UK’s anti-money laundering regime.

Amendment 72 proposes to restrict the scope of anti-money laundering regulations in several ways. First, it aims to prevent the making of regulations that are detrimental to the UK’s anti-money laundering and counterterrorist financing regime. Secondly, it aims to ensure that future regulations prescribe measures which are duly proportionate. Thirdly, it seeks to ensure that regulations cannot create new criminal offences, and, fourthly, it makes provision restricting the ways in which powers in the Bill can be used to update the definition of “terrorist financing”.

I have stressed from the Dispatch Box many times that the Government are listening to concerns expressed by noble Lords about the aims of these regimes, the need for a proportionate approach and the best way to keep definitions up to date. I am pleased to be able to confirm to the House that, having engaged directly with noble Lords on this matter, we will be tabling new amendments for Third Reading which aim to address the concerns contained within limbs (a) and (b) of Amendment 72. I have set out my position on criminal offences in relation to limb (c), and so do not propose to repeat that. I can further confirm that the Government will seek in the other place to restrict the ability to add to the definition of “terrorist financing” in Clause 41. This was also something that we discussed very constructively. I assure noble Lords that it will be limited to cases where any relevant regulations under Clause 1 are for the purposes of compliance with UN or other international obligations or to further the prevention of terrorism, or both. I hope that this is sufficient reassurance to enable the noble and learned Lord not to press this amendment so that we can table amendments and engage constructively with those issues again at Third Reading.

Amendment 74 proposes to create a corporate criminal offence of failure to prevent money laundering. The effect of this amendment would be to provide that a company or partnership is guilty of a criminal offence in cases where the company’s employee, agent or other service provider commits one of the substantive money laundering offences contained in Part 7 of the Proceeds of Crime Act 2002. The relevant company would have a defence if it could prove that it had adequate procedures in place to prevent its employees and agents from committing such an offence.

I would like first to note that, as noble Lords may be aware, in 2017 the Ministry of Justice carried out a call for evidence on corporate criminal liability for economic crime, such as money laundering, fraud and false accounting, to establish whether further reform of the law was necessary. Noble Lords will accept that this is a complex and controversial area of the law, attracting views from across a broad spectrum. Responses were received from a wide variety of stakeholders and expressed diverse and often conflicting views, as well as raising several important issues that need careful consideration. As I have told the House when dealing previously with this Bill, the Government’s response is being finalised and will be published in due course. I hope we can agree that it would make no sense to muddy the waters by introducing a further failure to prevent offence before there has been a proper review of the evidence.

I emphasise and assure noble Lords that there is no gap in the regulatory regime for financial services that would be addressed by the introduction of a failure to prevent offence for money laundering, which was a concern expressed. The senior managers regime requires that relevant financial services firms, such as banks and building societies, allocate a senior management function for overseeing the firm’s efforts to counter financial crime, including money laundering, to a specific senior person.

The requirement to maintain this role is in addition to the requirement for a money laundering reporting officer, or MLRO, who is directly responsible for ensuring that measures to combat money laundering are effective. Noble Lords may wish to note that the MLRO has a personal responsibility for the oversight of the firm’s compliance with Financial Conduct Authority rules on anti-money laundering systems and controls.

The senior managers regime is robust in the additional requirements it places on senior managers responsible for overseeing firms’ defences against financial crime. Such senior managers are required to obtain pre-approval as fit and proper from the Financial Conduct Authority and the Prudential Regulation Authority. If there is a contravention of the money laundering reporting requirements by a firm, the Financial Conduct Authority can take action against the responsible senior manager, if they can prove that they did not take such steps as a person in their position could reasonably have been expected to take to avoid the contravention occurring. This enforcement action includes fines and disbarment from undertaking regulated activities.

The senior managers regime currently applies to banks, building societies, credit unions, Prudential Regulation Authority-designated investment firms and UK branches of foreign banks.

The Government have legislated for it to apply across all financial services firms, and this will be implemented in due course—the regulators have been consulting on the final design of this extension of the regime. The introduction of the senior managers regime has significantly enhanced the ability to hold individuals responsible for failures of the systems and controls of relevant firms. Its expansion across the financial services sector will do more in this regard.

Foreign and Commonwealth Office: Ministerial Guidance

Debate between Viscount Hailsham and Lord Ahmad of Wimbledon

Monday 11th December 2017 Lords Chamber

[Lord Ahmad of Wimbledon]

My right honourable friend the Foreign Secretary, as I am sure that many in this House acknowledge, represents our country and the Foreign Office in exemplary fashion, and this weekend’s example is testimony to that. Over the past week, he has raised some important issues of counterterrorism and countering violent extremism. This again demonstrates the importance that he attaches to representing the Government abroad, as do I in my responsibilities as a Minister of State who serves with him on that team. I have seen him in operation directly as a Minister within his team; he operates with a strategic outlook and in a very positive fashion.

[Viscount Hailsham (Con)]

Does my noble friend agree that, however accomplished the Foreign Secretary may be, the influence of the United Kingdom will be reduced if we are generally seen as the demandeur in negotiations rather than a leading voice in a settled group?

[Lord Ahmad of Wimbledon]

My Lords, I think Britain is recognised as a country that provides balance and leadership through various international fora. Let us not forget that we are a P5 member on the UN Security Council. My noble friend will be aware that the Commonwealth summit and Commonwealth Heads of Government Meeting is around the corner in April. Again, the United Kingdom is honoured to be hosting it and working with the Commonwealth Secretariat to set the agenda for what will be a positive example of global Britain in action.

Raqqa and Daesh

Debate between Viscount Hailsham and Lord Ahmad of Wimbledon

Tuesday 24th October 2017 Lords Chamber

[Lord Ahmad of Wimbledon]

On the final point the noble Lord raises, let us be clear that people— certainly those of British nationality—who have travelled from anywhere in the world into the region and taken part in the crimes committed by Daesh were doing so at their own risk and were putting themselves into the line of fire. There is the important issue, he says, about bringing people to justice. He will be fully aware of the structured programme in which the CPS and the police are making criminal charges against those returning to the UK. Secondly, there is the issue of the International Criminal Court and other such bodies. As I have already alluded to, we have passed a resolution in the UN and we are currently looking at the governance structure, exactly as the noble Lord suggests. The final structure is to be determined, but it will respect all the norms of international law.

[Viscount Hailsham (Con)]

My Lords, while I accept that lethal force can properly be used against those fighting for ISIS, including British citizens if they pose an immediate and real threat to the interests of ourselves or our allies, does my noble friend agree that this policy should be exercised with great caution and that it would be helpful if we had a fuller explanation of both the criteria and the controls?

[Lord Ahmad of Wimbledon]

I agree with my noble friend, of course. In any such situation, any intervention or military action should be exercised with strict rules of engagement. As I alluded to earlier in response to the noble Baroness, Lady Northover, we seek first of all to minimise civilian casualties in any action our military is taking. Secondly, on holding those to account, the important thing is that international law and rules of justice are upheld, whether for those surrendering themselves to coalition forces or to the Syrian coalition forces on the ground, or indeed those returning to any part of the world.

Mobile Phone Use: Motorists

Debate between Viscount Hailsham and Lord Ahmad of Wimbledon

Monday 5th December 2016 Lords Chamber

[Lord Ahmad of Wimbledon]

The noble Lord makes an important point about enforcement. Laws are only as good as their enforcement. We have seen a rising tide in the use of mobile phones by drivers in vehicles; they have admitted it themselves through various reports. We will be working closely with the police and crime commissioners, as well as the police forces, to ensure much more effective enforcement.

[Viscount Hailsham (Con)]

My Lords, if the maximum sentence is increased to life imprisonment, will my noble friend remind people that it would be discretionary rather than mandatory? Given the fact that the courts presently impose sentences which fall far short of the maximum permitted, reflecting as they do culpability as well as consequences, it is unlikely that the overall sentences would increase to any great extent.

Hillsborough

Debate between Viscount Hailsham and Lord Ahmad of Wimbledon

Wednesday 27th April 2016 Lords Chamber

[Lord Ahmad of Wimbledon]

As I have said, we acknowledge all those who have made a contribution to ensure that truth and justice prevail for the tragic victims of the Hillsborough disaster.

[Viscount Hailsham (Con)]

My Lords, the moral culpability of those who participated in the cover-up is particularly grave. Will the Minister do all he can to encourage the prosecution authorities to come to an early conclusion as to whether criminal proceedings should follow?

[Lord Ahmad of Wimbledon]

As I have said, we all agree that it is important that we reach an early decision, but it is also important that the CPS carries out whatever investigations it needs to and that the two ongoing inquiries reach a full conclusion. I reiterate that the two ongoing inquiries will report back at the end of this year.

Walking and Cycling

Debate between Viscount Hailsham and Lord Ahmad of Wimbledon

Tuesday 9th February 2016 Lords Chamber

[Lord Ahmad of Wimbledon]

We already see very good examples of our local authorities and schools adopting excellent schemes. As a father of three children, I can assure noble Lords that local schools are very diligent in supporting both walking and cycling; that practice is widespread across the country.

[Viscount Hailsham (Con)]

May I make a minority point? Counties such as Lincolnshire have many disused railways, which provide a real opportunity for creating tracks to be shared by walkers, cyclists and riders on horseback. There is, however, a problem with the tarmac that is being put down: it is splendid for bicycles, okay for walkers but very, very bad for riders on horseback. Will the Minister, therefore, encourage the use of a material other than tarmac for these shared tracks?

[Lord Ahmad of Wimbledon]

As a resident of Wimbledon, I see many examples of shared facilities, and they are a good thing. I assure the House that I am very familiar with the shared use of tracks for bicycles, walking and, indeed, horses. However, my noble friend makes an important point and I will take it back for consideration.