Exiting the European Union (Sanctions)

Alan Duncan Excerpts

Monday 29th April 2019 Commons Chamber

[The Minister for Europe and the Americas (Sir Alan Duncan)]

I beg to move motion 1,

That the Chemical Weapons (Sanctions) (EU Exit) Regulations 2019 (S.I., 2019, No. 618), which were laid before this House on 22 March, be approved.

[Madam Deputy Speaker]

With this we shall consider the following:

Motion 2—Exiting the European Union (Sanctions) (Zimbabwe)—

That the Zimbabwe (Sanctions) (EU Exit) Regulations 2019 (S.I., 2019, No. 604), which were laid before this House on 20 March, be approved.

Motion 3—Exiting the European Union (Sanctions) (Republic of Belarus)—

That the Republic of Belarus (Sanctions) (EU Exit) Regulations 2019 (S.I., 2019, No. 600), which were laid before this House on 20 March, be approved.

Motion 4—Exiting the European Union (Sanctions) (Syria)—

That the Syria (Sanctions) (EU Exit) Regulations 2019 (S.I., 2019, No. 792), which were laid before this House on 5 April, be approved.

[Sir Alan Duncan]

Right hon. and hon. Members will be well aware of the importance of sanctions, which are a key element of our approach to our most important international priorities. They help to defend our national interests, support our foreign policy and protect our national security. They also demonstrate our support for the rules-based international order.

The UK has been a leading contributor to the development of multilateral sanctions in recent years. We have been particularly influential in guiding the EU’s approach, which is why, when we transpose the EU sanctions regimes to the UK, we intend to carry over its policy effect. I will say more about that in a moment.

We are committed to maintaining our sanctions capabilities and leadership role after we leave the EU. 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 after we leave the EU. This was the first major legislative step in creating an independent UK sanctions framework.

However, although the Act sets out the framework needed to impose our own independent sanctions, we need statutory instruments to set out the detail of each sanctions regime within that framework. Such statutory instruments set out the purposes of our sanctions regimes, the criteria under which the Secretary of State may designate individuals and entities and the types of restrictive measures imposed. They do not specify which individuals or entities will be sanctioned. The Government will publish the list of those we are sanctioning under UK legislation when the prohibitions come into force. We will seek to transfer EU designations in each case, but those decisions will be subject to the legal tests set out in the Act. Any EU listings that do not meet the tests will not be implemented.

[Mr Jim Cunningham (Coventry South) (Lab)]

Although we will become “independent”, in that sense of the word, in relation to sanctions, how does the Minister propose to co-operate with other countries? Is there a mechanism for the Government to do that, so that we can control chemical weapons?

[Sir Alan Duncan]

If we leave the EU with a deal, there will be a period of transition in which we will retain our sanctions under the existing EU system. If we leave with no deal, which is what we are addressing today, we will need to trigger our autonomous right to have sanctions. Therefore, we need these statutory instruments. I am sure that in the event that we are not part of the EU, our leadership on sanctions and the fact that the City of London is such an important financial centre for money laundering—[Laughter.] For anti-money laundering. It will mean that we retain our pre-eminent role in influencing sanctions, as we have in the past.

The House may recall that review and reporting requirements were incorporated in the 2018 Act. We have therefore published alongside these statutory instruments a report on the purposes of each sanctions regime, and on the penalties contained within each instrument. Those reports are available in the Vote Office, should Members have an interest in them, and the Government will review each sanctions regime on a regular basis. I wish to thank the Joint Committee on Statutory Instruments for its close and helpful scrutiny of so many statutory instruments relating to sanctions over recent months.

The four SIs under consideration are those that transfer into UK law the EU sanctions regimes on chemical weapons, Zimbabwe, Belarus and Syria. In each case, the instrument seeks to deliver substantially the same policy effects as the measures in the corresponding EU regime. Hon. Members will note that human rights are a significant focus of some of the sanctions regimes under consideration today. I know that many hon. Members are keen for the UK to develop our own stand-alone human rights sanctions regime under the 2018 Act and may therefore query why we are simply transferring existing EU sanctions regimes.

[Jim Shannon (Strangford) (DUP)]

Obviously the sanctions are there for the purpose of suggesting change, if that can be done, in Zimbabwe, Belarus, Syria and so on. I am conscious of the need to have human rights and a democratic process that actually works. Does the Minister feel that what we are doing now, alongside those who have worked within Europe in the past, will influence change in human rights, including sometimes the rights of those of religious belief?

[Sir Alan Duncan]

In general terms, the answer is yes, I very much hope so. That is what sanctions are designed to do. However, as the House will appreciate, we are today just looking at the framework within which specific sanctions regimes can fit, rather than at the actual sanctions regimes or indeed their efficacy and effect in the countries we are discussing. We are looking at a legal framework under these SIs; we are not really looking at the full operation of the sanctions that may form part of the framework we are setting up today.

I assure colleagues that the 2018 Act does indeed provide the necessary powers in UK law to allow us to develop our own regime. However, these SIs were laid on a contingent basis to provide for the continuation of sanctions should we leave the EU without a deal. As such, our priority has necessarily been to ensure the transfer of existing EU measures by laying SIs such as these. We will give consideration to new regimes as circumstances suggest and as parliamentary time allows. Approving these regulations would ensure that we have the necessary powers to impose sanctions in respect of Zimbabwe, Belarus and Syria, and in respect of the proliferation and use of chemical weapons, from the date of our EU exit. In the event of a deal, EU sanctions would continue to apply during the implementation period, and these instruments would not immediately be needed. As a member of the EU, or during the implementation period, EU sanctions will apply in the UK. We will look to use the powers provided by the 2018 Act to the fullest extent possible during this period, but there will be some limitations on the measures we can impose autonomously. I wish quickly to describe the purpose of each regime.

The chemical weapons sanctions regulations aim to deter the use and proliferation of chemical weapons, and encourage the effective implementation of the chemical weapons convention, by imposing immigration and financial sanctions on those involved in their use and proliferation.

The Zimbabwe sanctions regulations aim to encourage the Government of Zimbabwe to respect democratic principles, the rule of law and human rights, and to deter the repression of civil society. The regulations impose an arms embargo and other financial, immigration and trade restrictions, including on the trade in goods and technology that may be used for internal repression.

The Belarus sanctions regulations aim to address human rights abuses and threats to the rule of law, and to encourage the proper investigation and institution of criminal proceedings against those responsible for the disappearance of four individuals. The measures include an arms embargo, financial and immigration sanctions, and restrictions on goods or technology that may be used for internal repression.

The Syria sanctions regulations aim to deter the Syrian regime from actions, policies or activities that repress the civilian population, and to encourage a negotiated political settlement to end the conflict. The regulations include asset freezes and/or travel bans on designated persons, together with financial, sectoral and aircraft sanctions; and wide-ranging trade restrictions, including on goods and technology that may be used for internal repression and the interception and monitoring of telecommunications, but also in respect of other goods and technology, such as crude oil, jet fuel, luxury goods and items that can contribute to chemical and biological weapons.

These four SIs transfer into UK law well-established EU sanctions regimes that are in line with the UK’s foreign policy priorities. They encourage respect for human rights, the rule of law and security and stability in very difficult environments—

[Mike Gapes (Ilford South) (Change UK)]

Will the Minister give way?

--- Later in debate ---

[Sir Alan Duncan]

I am about to finish. If the hon. Gentleman would like to catch your eye, Madam Deputy Speaker, he may stand a chance of asking some questions, which I will answer at the end.

Approving these SIs will allow the UK to continue to implement sanctions from the moment we leave the EU, and it will send a strong signal of our intention to continue to play a leading role in the development and implementation of sanctions in the future. I commend them to the House.

--- Later in debate ---

[Sir Alan Duncan]

I would genuinely like to thank all Members who have contributed to the debate. Many have done so from a position of significant expertise and knowledge of the countries mentioned in the framework sanctions regime we are discussing.

Madam Deputy Speaker, I am mindful of your stricture that we must not stray from the matters on the Order Paper, but inevitably some Members have been drawn into discussing the broader national issues around the framework law we are discussing. I am sure that the hon. Member for Bishop Auckland (Helen Goodman) will appreciate that it would be inappropriate for me to comment on an individual such as the niece of President Assad.

[Helen Goodman]

rose—

[Sir Alan Duncan]

The hon. Lady seems slightly indignant, and I am happy to give way.

[Helen Goodman]

Well, I am indignant. The convention in the House is surely that anything covered in an explanatory memorandum is reasonable to put to the Minister. I am extremely concerned that the niece of President Assad has been allowed to live and study in this country. Surely if the Minister looks at part 2 of the regulations on the designation of persons, he can see that she is a person who has supported or benefited from the Syrian regime and is a prominent person—she falls into the categories included in the documents, as does the question I raised about Daesh and about the white phosphorus incident in Indonesia. It may be inconvenient for the Minister to answer those questions, but it must surely be in order.

[Sir Alan Duncan]

I am afraid that the hon. Lady’s indignation is wrong on all counts. First, white phosphorus does not fall under the chemical weapons regime as it is a different sort of weapon, nor does Daesh, which falls under other regimes related to al-Qaeda and Daesh. I think it would be highly inappropriate for me to discuss an individual when we are looking at the framework within which the sort of designations the hon. Lady mentions can take place. These regulations put in place the law within which those designations can happen. We are not specifically looking at the designations themselves.

In respect of what we are able to transfer into the framework we are discussing, the sanctions relating to Belarus, for instance, were agreed in 2004. The EU sanctions regime currently imposes asset freezes and travel bans on four Belarus nationals with links to the Belarus Government who were implicated in the disappearance of two opposition politicians, a businessman and a journalist in 1999 and 2000. The hon. Lady also asked about changing the chemical weapons regime. We are mindful of our and others’ obligations under the chemical weapons convention and, through the regulations, we would have the flexibility to change sanctions should it be thought appropriate.

These regulations are necessary to enable the UK to implement our independent sanctions policy within the framework of the Sanctions and Anti-Money Laundering Act 2018 from the moment we leave the EU. Approving the regulations would in no way prevent the development of an autonomous human rights sanctions regime. The sanctions Act enables sanctions to be imposed for a variety of purposes, including responding to or deterring gross violations of human rights, or otherwise promoting compliance with human rights law or to respect human rights.

Sanctions are an integral part of our response to the most important foreign policy challenges we face. We must be ready to deliver sanctions independently as soon as the UK leaves the EU, and that is why these statutory instruments are so important. Transposing EU sanctions regimes in this way puts the UK on a solid footing to continue to protect our interests, defend our values and maintain the position of leadership that we have built on sanctions over so many years. I commend the regulations to the House.

Question put and agreed to.

Resolved,

That the Chemical Weapons (Sanctions) (EU Exit) Regulations 2019 (S.I., 2019, No. 618), which were laid before this House on 22 March, be approved.

Exiting the European Union (Sanctions) (Zimbabwe)

Resolved,

That the Zimbabwe (Sanctions) (EU Exit) Regulations 2019 (S.I., 2019, No. 604), which were laid before this House on 20 March, be approved.—(Sir Alan Duncan.)

Exiting the European Union (Sanctions) (Republic of Belarus)

Resolved,

That the Republic of Belarus (Sanctions) (EU Exit) Regulations 2019 (S.I., 2019, No. 600), which were laid before this House on 20 March, be approved.—(Sir Alan Duncan.)

Exiting the European Union (Sanctions) (Syria)

Resolved,

That the Syria (Sanctions) (EU Exit) Regulations 2019 (S.I., 2019, No. 792), which were laid before this House on 5 April, be approved.—(Sir Alan Duncan.)

Intelligence and Security Committee of Parliament

Resolved,

That Ian Blackford be removed from the Intelligence and Security Committee of Parliament under Schedule 1 to the Justice and Security Act 2013 and Stewart Hosie be appointed to that Committee under section 1 of that Act.—(Paul Maynard.)