Trade Bill

Debate between Viscount Waverley and Baroness Altmann

Consideration of Commons amendments & Ping Pong (Hansard) & Ping Pong (Hansard): House of Lords
Tuesday 2nd February 2021 Lords Chamber

[Viscount Waverley (CB)]

My 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.

[Baroness Altmann (Con)]

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.