(3 years, 5 months ago)
Lords ChamberMy Lords, the seriousness of the situation in Cameroon urgently demands a road to peace. Any form of general instability, upsurges in violence or atrocities in Africa’s central belt, now stretching into northern Mozambique, could create a correlation between abuses by separatists and government forces, which are accused of killing with impunity, and African jihadist terrorist groups turning Cameroon into a fertile recruiting ground.
While western inertia is worrying, positive engagement between the UN special representative and the Government of Cameroon is of course helpful. Judging by the UN Security Council’s briefing on 7 June, both Russia and China have reiterated their position that this is an internal matter, expressing confidence that Yaoundé can manage. The record suggests otherwise.
Encouragingly, however, the US now appears to be leading on pressurising for peace. Although predominantly francophone, Cameroon is an equal member of the Commonwealth, but it was the anglo content that was the driver for admittance. The Commonwealth ASG recently underlined to us a recognition that it wants to do more but is hindered by the Covid situation. Will the Minister encourage the Commonwealth to follow through on this matter of the utmost urgency, updating us today on this and the latest considerations of the OAU?
Government should also place the anomalies of Cameroon high on the list of French bilateral considerations and address the perception of having largely ignored the situation over a long period. London and Paris—which has more influence on Yaoundé than we do—must rub their minds together to bring urgent resolutions to these atrocities. Franco-Cameroonian relations run deep, with multifaceted security co-operation. However, as with the FCDO, little is heard from the Quai d’Orsay, although it responds to debates in the Assemblée Nationale, setting out sizable budgetary allocations to include security and decentralisation.
Today is the opportunity to be informed of the strategy of the UK Government. We owe it to anglo Cameroon, which was let down from the start. The French Foreign Minister recently noted that a whole generation has been sacrificed, that targeted sanctions of asset freezes and travel bans for both sides should be advanced and that an unstable Cameroon is bad for the whole region. I would add to the mix any sanctions that might focus on the development of Cameroon’s offshore gas deposits, particularly the use of LNG facilities in Equatorial Guinea.
During a recent parliamentary Session, the French Government addressed the anglophone crisis, with one deputy accusing the Government of supporting the dictatorial regime of President Biya. He is quoted as saying:
“The French postcolonial denial is very worrying and these old methods of Francafrique lead us into the wall vis-à-vis Africa and Europe”.
He added that it is very worrying for France to remain silent about pertinent issues in Africa, and intimated that the UK has the same historical responsibility.
The noble and learned Lord, Lord Morris of Aberavon, has withdrawn, so I now call the noble Lord, Lord Bourne of Aberystwyth.
(3 years, 5 months ago)
Lords ChamberI thank the noble Lord for his kind words, which I will certainly pass on to my colleague the Secretary of State. The noble Lord is completely right: the Trans-Pacific Partnership, which this is a gateway to, will be of huge benefit to UK businesses big and small. This is something we should all welcome.
My Lords, following on somewhat from the question of the noble Lord, Lord Purvis, how will the Government include Northern Ireland in the Australian agreement if it is unlikely that the EU will accept Australian meat and phytosanitary standards?
As noble Lords know, the Northern Ireland protocol is still subject to discussion and refinement between the parties. Clearly, Northern Ireland stands to gain in many ways from a trade agreement with Australia; for example, machinery and manufactured goods account for around 90% of all goods exported from Northern Ireland to Australia and are used extensively in Australia’s mining, quarrying and recycling sectors. These exports will certainly benefit from reduced tariffs in this deal.
(3 years, 7 months ago)
Grand CommitteeMy Lords, it is a pleasure to follow the noble Lord, Lord Lansley, and to contribute to the debate of the noble Lord, Lord Purvis.
It has always seemed to me that the debate on Turkey is split into two intractable camps. I have noted carefully the remarks of those critical of Turkey but consider that the noble Lord, Lord Hannan, struck the right note. If one had to draw up a priority list of countries around the world with which we should ally for multiple strategic reasons, Turkey would without question be in the champions’ league. Having done the rounds in Ankara, it is clear to me that Turkey is a country that looks equally favourably towards the UK. Simply put, the UK needs Turkey for multiple reasons as we embark on a world journey, with Istanbul being one of the geostrategic hubs ranking alongside London, Dubai, Mumbai, Singapore or São Paulo.
Turkey commands influence beyond its frontiers. We always have regard to our values, but some detractors might cite one kind of challenge or another, some of which we have been hearing about this afternoon. However, this agreement allows interest from both sides to get this show on the road, from which values and understanding will emanate. Sir Dominick Chilcott, our ambassador in Ankara, sums it up well in his briefing. I hope he will forgive me for quoting it:
“What influence we will have will best be done through contact and dialogue. Boycotting Turkey or imposing sanctions is unlikely to be productive and risks alienating a country that is a NATO ally and an indispensable partner in the fight against terrorism, organised crime and illegal migration.”
For all the above reasons I am opening a regional hub for Eurasia for a global project covering 224 countries. The rapprochement between the UAE and Bahrain with Israel, combined with the President’s improved overtures towards Israel, make for a more harmonious region at large and is certainly helpful.
As to the question “Why Turkey?”, the country has a population of 83 million, a highly educated population at large and a huge pool of skilled and low-cost labour with production diversification potential. It is a central corridor of the silk road, with an exchange rates advantage. It has NATO’s second largest military and a burgeoning defence technology sector, and it has borders with many of our front-line issues—Syria, Iraq, Iran, Armenia, Azerbaijan, Georgia and the Balkans, with Russia and Ukraine across the Black Sea.
In conclusion, there can be no greater anticipation and mystique than, having traversed the continent, to be pulling into Istanbul station on the Orient Express, taking in the first sight of the Bosporus, visiting the Blue Mosque and Hagia Sophia, putting a toe-hold into Asia and being enchanted by the swirling dervishes after an excellent dinner. I wish this FTA well.
(3 years, 8 months ago)
Lords ChamberIt has happened many times before; not to worry.
My Lords, the maiden speech by the noble Lord, Lord McDonald of Salford, was one of the finest.
The Kenyan agreement should become a beacon of best practice, promoting inclusion, sustainability and green growth, and, importantly, should be based around delivering African priorities. However, the UK’s recent push to sign continuity agreements with African states has drawn criticism for being overly focused on the UK’s needs and not those of the continent. There is an excellent opportunity to reset the trade relationship with Africa and seek an agreement that centres on the priorities of that continent: the African Continental Free Trade Agreement, which aims to boost intra-African trade. This would tie in well with Commonwealth objectives to boost intra-Commonwealth trade, a significant proportion of which should be in Africa, a point borne out in Nairobi at the Commonwealth summit hosted by the Secretary-General, the noble and learned Baroness, Lady Scotland.
However, as a broader strategy of approach, emphasis should not be just on anglophone Africa. The UK’s ambition to be the lead investor in Africa should be seen within the context of opportunities in francophone and lusophone countries, and the Hispanic Equatorial Guinea. Being an international centre for mobile technology, digital trade ought to be prominent and include financial services. The UK should be seeking to agree a modern digital trade corridor, on par with those agreed with Japan and Singapore, with free movement of money, data supporting inward investments services and trade in goods.
Notwithstanding a round of development cuts, we should be seeking to better utilise our diminishing funds to build resilience and capabilities in key areas such as digital connectivity, climate, health and skills. I conclude by saying that we should be mindful too of UK-EU-Africa supply chains—the east African flower trade being a case in point, as has already been referred to. This Kenya agreement should strengthen these things and not have the negative effect of disrupting and undermining them; although, as an aside, I have long been a proponent of the establishment of greater east-west transport corridors.
I thank the noble Viscount, Lord Waverley. I will not forget again. I now call the noble Baroness, Lady Wheatcroft.
(3 years, 9 months ago)
Lords ChamberMy Lords, business investment will be central to shaping our competitive and dynamic economy. I am attracted to this Bill because it is a further building block in defining the country we are becoming in a new-look UK. After passing through the parliamentary labyrinth, the Bill should ensure that the UK remains one of the world’s top destinations for foreign investment, which is achieved by maximising its attractiveness for investment, while safeguarding our national security. The Government are setting out our stall with clear messaging of being a force for good, and they are setting an example to the world that we are not just open for business but mindful of standards and accountability.
Care should be taken, however, that safeguards do not unintendedly hamper UK competitiveness or limit investment that does not pose a national security risk. I concur with what the noble Lord, Lord Clement-Jones, said. The mandatory reporting regime for transactions should be narrow and based on evidence of real risk, and should not result in unintended consequences.
The Government’s call-in power under the Bill will be proportionate, sufficient to address any residual concerns that could arise in relation to transactions involving active or passive infrastructure. There are challenges, however, regarding the call-in power, which provides for the Secretary of State to call in transactions triggered by a person gaining control of a qualifying entity or qualifying asset that is considered to give rise to a national security risk. A significant extraterritorial impact also arises from the drafting of Clause 7(6), as these call-in powers could be construed to apply to every export deal from the UK to overseas. Understandably, UK exporters and overseas customers will want to mitigate the risk of call-in by the UK Government, so removing ambiguity from the scope of the call-in power is important—all the more reason to ensure that extraterritorial reach does not become an inadvertent consequence of any ambiguity in the drafting and interpretation.
As things stand, the likelihood is that UK exporters, particularly in sensitive sectors such as defence or military dual-use, will err on the side of caution and seek additional clearances from BEIS for such transactions in addition to making standard UK export licence applications. This interpretation of the Bill could lead, in practice, to a significant annual increase in the volume of voluntary notifications as the means of mitigating the risk of, and uncertainty over, future call-in on national security grounds. I venture, therefore, the need for a targeted amendment to this primary legislation, and for statutory guidance from BEIS, to remove uncertainty.
If I might express this differently: our proposed amendment to the primary legislation could be to the effect that where qualifying assets are authorised for export through the Export Control Act, a transaction or acquisition is automatically exempt from call-in and/or the voluntary notification regime.
Moving on to intellectual property issues, IP licences and assignments are a fundamental offering in business transactions and are inextricably linked with technology offerings both within and outside the UK. The UK export control regime already serves as a robust former national security screening regime for IP assets. Adding a parallel or second national security review under this NSI regime seems unnecessary. Would the Minister be minded to clarify the interplay between these two regimes? If this is the intention behind the Bill, the department will need to publish clear guidance to explain this extraterritorial reach and the interplay. This could bring technology platforms, sales, in-service support contracts with existing foreign customers and in-country technology transfers of capability—whether under Government-to-Government arrangements or in direct sales to a foreign Government or government-controlled entity—into the scope for call-in by the Secretary of State. Such proposals and resulting contracts will be subject to, and conditional on, stringent UK export control licensing processes in addition to any applicable pre-clearances through the MoD Form 680 process, which requires companies to obtain approval from the MoD to release information or equipment classified “official sensitive” and above to foreign entities.
Clauses 7 and 9 will also catch IP offerings that form part of offset transactions related to prime contracts with overseas Governments. This bring licences, assignments and transfers of IP into scope. Clause 7 defines qualifying assets as including
“ideas, information or techniques which have industrial, commercial or other economic value”.
Examples include
“trade secrets … databases … source code … algorithms … formulae”
and “designs”. Clause 7(6) further provides that IP assets are in scope only if they are used
“in connection with … activities carried on in the United Kingdom, or … the supply of goods or services to persons in the United Kingdom.”
Clause 9 states that
“a person gains control of a qualifying asset if the person acquires a right or interest in, or in relation to, the asset and as a result the person is able … to use the asset, or use it to a greater extent than prior to the acquisition, or … to direct or control how the asset is used, or direct or control how it is used to a greater extent than prior to the acquisition.”
Would the Minister comment on these aspects in his response or, at least, commit to a considered response in writing?
In conclusion, the Bill is a good starter for 10.
(3 years, 9 months ago)
Lords ChamberMy Lords, these matters must not be allowed to die this evening and, I hope, will allow for variations that the Government will introduce in a concession amendment. It is my sincere wish that the noble Lord, Lord Grimstone, in his response factors that in as a possibility.
Before I turn to the genocide amendment, the noble Lord, Lord Forsyth, said that he does not support the amendment of the noble Lord, Lord Collins, because it complements the Alton amendment. Coming to the defence of the noble Lord, Lord Collins, my understanding is that his amendment is not a substitute but underlines the position that, when evidence on human rights does not pass the high bar of the definition of genocide, his amendment serves as a safety net.
I address my remarks on genocide globally—I am not being country specific—and support unequivocally the remarks of the noble Lord, Lord Collins. He and the noble Lord, Lord Alton, strike a chord of British values and stand for what the United Kingdom is recognised for around the world—decency. The genocide amendment strikes at the heart of our constitutional process, however, and magnifies the call for Parliament to make more meaningful contributions to foreign policy objectives. The motives of the noble Lord, Lord Alton, are undeniably valid but the harsh realities and complexities of our constitutional and legal systems mean that compromise must necessarily be found.
The detail can be endlessly discussed. However, the key principles and norms held by the High Court, the United Kingdom Parliament and the international judicial processes somehow need to be reconciled and merged, rather than remain in potential conflict in future deliberations. This is a quandary, with the devil being in the detail and definitions. I am taken by the suggestion that a Select Committee be chaired, or at least advised, by a former judge.
An endgame that ticks the boxes of being nimble and well-informed, but not disruptive of judicial domestic or international processes, is highly desirable—where the United Kingdom is deemed in lockstep so as not to trespass on constitutional territory or infringe on the royal prerogative. However, democratic oversight should be contained within this mix to instil our values; that is what I am looking for today. That will ensure democratic oversight in a manner that addresses the heart of the points made both by the noble Lord, Lord Alton, and by Mr Tugendhat from another place —whom I had the privilege to listen to while he made his remarks—and, ideally, the Government, mindful that the UK, or any other country, is not in a position to solve issues before us in isolation.
I understand that the Government are—or at least were—minded to bring forward a concession amendment, which would certainly be my preference, but for technical reasons, as we have heard already this evening, it is not before us at this time. That in itself is sufficient to send this process back to the other place, to allow that possibility to occur. I urge all noble Lords to support the noble Lords, Lord Alton and Lord Collins of Highbury, to hopefully then allow a concession to be included for consideration.
My Lords, I speak in support of Amendment C1, in the name of the noble Lord, Lord Alton, and the very similar Amendments C2 and C3, in the names of my noble friends Lord Forsyth and Lord Cormack. I echo the tributes paid to the noble Lord, Lord Alton, for his dedicated work on this issue and his powerful and moving speech.
As the child of two parents who fled the Holocaust, and most of whose family was wiped out by the Nazi regime, I feel duty-bound to do my best to ensure that the repeated promises of “never again” are more than mere words. Just a few days after Holocaust Memorial Day, there are lessons that we should have learned from the genocides of the 20th century, but too often we turn a blind eye, as this is so much easier.
I recognise my noble friend the Minister’s words, that our courts can find individuals guilty of genocide, but this will not cover Governments which engage in such behaviour. It is all too easy to appease and to look for ways to avoid confrontation. Of course, there is a place for diplomacy, but if there are no consequences, in trade and other areas, for a country whose Government engage in such behaviour, then they can continue with impunity. Such impunity will lead to further crimes against humanity.
We are living in an increasingly authoritarian world, as powerful countries are crushing domestic dissent and those who oppose the ruling power. The lessons of World War II are being forgotten, but they must not be. I mention just one of the horrific concentration camps, Ravensbrück, which began as a labour camp that was, uniquely, exclusively for women opponents of Nazism in the 1930s. It ended up as a forced labour camp producing goods for powerful German companies and then also as a camp for the industrialised death of innocent victims.
There are clearly parallels today in Xinjiang, where what is happening to Uighur Muslims should provide a reason for our Government to support an opportunity to ask our courts to investigate this. As others have said, clearly China would just veto an ICC inquiry. This cannot just be left to the Executive. There is no excuse for inaction in the face of such evil in the 21st century. I echo the words of Chief Rabbi Mirvis that we must not be silent, and I believe that these amendments also uphold the Government’s stated aim of putting victims first. The Government now have the chance to do so.
As it prioritises trade, this amendment has a specific focus. It aims to ensure that in the tiny number of cases—thankfully, today—where our trading partner or prospective partner is committing genocide and this determination is made by our courts, the Government will have the reason, and the power, not to continue to negotiate or co-operate on trade. No matter how important trade and economic prosperity are to us in the short term, it cannot be worth being complicit in genocide and, in the long run, it will damage us all. This country increasingly favours ethical trade and, as other nobles have said, this is a matter of morality and values. Trade cannot be prioritised over genocide.
A parliamentary Select Committee is not enough on its own; it would still need to have the power to refer this to a court. The noble and learned Lord, Lord Hope, has confirmed that there are no practical difficulties in courts evaluating evidence of genocide. This has been echoed by the powerful words of so many other noble Lords, including the noble Baroness, Lady Kennedy, the noble Lord, Lord Carlile, my noble and learned friend Lord Mackay, Supreme Court judges and former Attorney-Generals. They are all united in the view that this issue can and should be determined by the courts. My right honourable friend the Prime Minister himself has said that
“genocide is a strict legal term, and we hesitate to deploy it without a proper judicial decision.”—[Official Report, Commons, 21/11/17; col. 839.]
Precisely, my Lords, which is why it is important for us to support Amendment C1.
The concession made by the Government this afternoon—I have huge sympathy for my noble friend the Minister in the position in which he finds himself today—does not provide for a court ruling on this issue and would therefore not trigger the UK’s obligations under Article 2 of the 1948 genocide convention. I believe this country has never recognised genocide while it was taking place. This amendment would take the pressure away from politicians and place it with the courts, of which we are rightly so proud; they are world-leading authorities in legal matters.
These are complex problems, but I urge noble Lords to support this amendment and remember that, as Edmund Burke said, all it takes for evil to triumph is for good people to be silent.
(3 years, 11 months ago)
Lords ChamberMy noble friend is right: we intend to move forward as quickly as we can with the Trans-Pacific Partnership, and we hope to be able to make an application for accession early in the new year.
I fully take the point about the Trans-Pacific Partnership Agreement—regional integration and multilateralism, serving other nations’ prosperity, is in the UK’s interest, so fully endorsing the importance of our linking to major trade blocs is a priority. However, as the noble Viscount, Lord Trenchard, has just drawn attention to, the China relationship is fraught, as it is for others, for multiple reasons. Does China’s inclusion hamper our ability to deepen trade relations with the RCEP community, or is RCEP viewed as a practical bridge-building mechanism?
We are watching RCEP closely, but at least six ASEAN and three non- ASEAN signatories need to ratify the agreement before it enters into force, and there is then a gap of 18 months before any other country can enter—so it would be many years before it would even be possible for us to consider entry into RCEP.
(4 years, 1 month ago)
Lords ChamberIt is indeed shortly. We will provide more detail on nuclear power in the energy White Paper, but, as I said to my noble friend Lady Neville- Rolfe, we see much of the future being in small modular nuclear reactors.
My Lords, how is it believed the pandemic and its aftermath will reshape the energy sector? In that regard, does the Minister have his magic wand as to the long-term outlook for the development of LNG, given the current downturn in energy demand in China and the Far East, as that could directly impact the Government’s sustainable development strategy?
The noble Viscount makes a good point. The short-term impact of Covid-19 on the global energy industry is a reduction in energy demand of something like 5% year on year, which has accelerated the movement away from coal towards renewables. The report highlights the fact that solar PV is now one of the cheapest forms of energy below carbon fuel. The other points that he makes are indeed very valid.
(4 years, 1 month ago)
Lords ChamberMy Lords, the noble Lord, Lord Lansley, has succinctly made the case. The final countdown to the United Kingdom embarking on a new chapter in our proud journey has arrived. Transparency and inclusiveness are needed now more than ever. The noble Lord should be thanked for tabling these amendments. The word “trust” has been uttered many times in Committee. These amendments would assist that process. For a nation that built its reputation as a great trading nation, it is surprising how little is understood about how trade impacts. Taking the public’s trust is an imperative. These amendments would provide an important demonstration that the Government are serious about making trade work for everyone, and the promotion of international best practice. Demystifying trade, enabling all stakeholders to understand how it benefits the economy, and demonstrating that to the regions and communities up and down our land is essential.
It is time to look at these issues with fresh eyes, and to bring a more inclusive approach to finding solutions to the challenges we face. By inclusive, I refer to the United Kingdom’s multi-sector business organisations, together with representatives of consumers, civil society and workers. Strong social partnership between government, business and unions is the only way to deliver the required results. After all, a sustainable and inclusive approach would translate into economic growth, jobs and the maintenance of high standards.
Common rules and standards are the best mechanism to reduce red tape and bureaucracy and ensure that we all trade on a level playing field. An annual report, as proposed by the noble Lord, Lord Lansley, would help ensure that robust mitigation strategies are in place to assist companies in understanding, for example, the new trade preferences available and how they can benefit. The noble Lord has flagged that an export strategy should be in place by year-end. This would be extremely commendable.
Lessons learned from the past, to effectively distribute the benefits of trade and how to achieve it, are paramount. To that end, and relevant to the issues before us this afternoon, an All-Party Parliamentary Group for Trade and Export Promotion has indeed been launched, which I have the honour of co-chairing. Gary Sambrook, in another place, takes the lead, with MPs across the family of nations being actively involved. The noble Lord, Lord Lansley, kindly referred to this and he is a key participant. I am grateful to him for drawing attention to it. We are certainly working on a full programme, including, quite extraordinarily, a call at 4 am to review progress with a secretariat headed by Chris Southworth. I am delighted that the noble Baroness, Lady Mobarik, and the noble Lords, Lord Lansley, Lord Mann and Lord Purvis, are vice-chairs, contributing much with their combined wisdom. It offers constructive consideration of the issues that bring us together today, bringing together international trade policy, trade promotion, investment and trade finance under one roof, and into an inclusive forum. The APPG is ably supported with a secretariat run by an organisation that lives and breathes trade, the International Chamber of Commerce.
This morning we had our first meeting, made up of 30-plus organisations from around the UK, to learn of concerns and proposals. From this point, we will invite Her Majesty’s Government to attend these meetings, as I have little doubt that they will find areas of interest, in the spirit of delivering better solutions and outcomes that build confidence and trust in trade.
I end where I began, in supporting these amendments. We must work as a team united, so that the UK can go forward as a global player, but not before sorting ourselves out internally. I endorse the suggestion made by the noble Lord, Lord Lansley, and encourage the Government to adopt the amendment to the best benefit of us all.
My Lords, I certainly support all that my noble friend Lord Lansley said about the importance of trade promotion and export promotion. Clearly, this is vital to underpin our success in a post-Brexit world. I also support the intention that underlies the amendment, which is to facilitate holding the Government to account for their delivery in those areas. I find it difficult, however, to support the amendment itself.
All amendments that call for reports need to be treated with a certain amount of scepticism. There is already a vehicle for delivering what the amendment asks for, which is the annual departmental report. If my noble friend had expressed his amendment in terms of a government-wide delivery on his aims, I could understand the need for it to be a free-standing report, but his amendment focuses on the Department for International Trade. Therefore, the annual report for the Department for International Trade should suffice.
There is also the International Trade Committee in the other place. We tend to be somewhat dismissive of the other place’s ability to scrutinise legislation well, but one of the things it does do well is to hold individual government departments to account. If you take the combination of a departmental report and the International Trade Committee in the other place, we have the mechanisms to achieve the very noble intents lying behind this amendment.
(4 years, 1 month ago)
Lords ChamberMy noble friend makes a very good point. We will be carrying out due diligence on all potential sponsors. As I said, we are looking for companies that are running their businesses in a sustainable manner and working to reduce their environmental impact through net-zero targets; that will include studying their supply chains as well.
My Lords, a leader article yesterday stated bluntly that:
“The global climate crisis is the emergency of our times.”
How many heavy hitters are being targeted that meet the committed criteria outlined by the Minister? Can he give any indication of examples? In addition, and underlining other contributions this afternoon, will the Government agree that COP 26 sponsor selection must focus unreservedly on those fully committed to the cause, and not on those only paying lip service out of self-serving expediency?
I can certainly agree with the latter part of the noble Lord’s questions. We need to pick companies that are walking the walk as well as talking the talk. We hope to announce some names shortly.