Oral Answers to Questions

Alan Duncan Excerpts

Tuesday 25th June 2019 Commons Chamber

[Jack Brereton (Stoke-on-Trent South) (Con)]

1. What steps he is taking to strengthen the rules-based international order.

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

International institutions and international law have since 1945 provided the framework for a sustained rise in global peace and prosperity. As a permanent member of the Security Council, we consider the United Nations to be the foundation of peace and security around the world. The UK has been at the forefront of efforts to defend the system—for example, by challenging Russian attempts to undermine international institutions and international law.

[Jack Brereton]

I thank the Minister for that response. Further to UN resolutions 39 and 47, and the 2018 report by the Office of the UN High Commissioner for Human Rights detailing the shocking human rights violations in Jammu and Kashmir; what steps is he taking with India, Pakistan and other regional powers to secure a further resolution at the UN Security Council and a lasting settlement between these two nuclear-armed nations?

[Sir Alan Duncan]

The UK’s position is that it is for India and Pakistan to find a lasting political resolution to the situation in Kashmir, taking account of the wishes of the Kashmiri people. We consistently encourage India and Pakistan to engage in dialogue as a means of resolving differences. It is not for the UK to prescribe a particular solution or act as a mediator.

[Peter Kyle (Hove) (Lab)]

Does the Minister agree that the international rules-based order is underpinned by treaty, and if Britain were to leave the European Union with no deal we would be walking away and turning our back unilaterally on treaties? Not only would it be an act of self-harm to our country, but it would undermine the system of the rules-based international order itself.

[Sir Alan Duncan]

I congratulate the hon. Gentleman on his ingenuity in crowbarring this into questions, but my main focus under this question is much more about the United Nations and multilateral institutions.

[Mr Bob Seely (Isle of Wight) (Con)]

Does the Minister agree that if the Opposition want a deal, they should vote for one?

[Sir Alan Duncan]

Yes.

[Patrick Grady (Glasgow North) (SNP)]

I do not know whether to be pleased or astonished at the Minister singing the praises of the United Nations. Presumably, this means that the Government will be taking every step they can to comply with the recent resolution on the sovereignty of the Chagos Islands?

[Sir Alan Duncan]

It is not a binding judicial decision, as the hon. Gentleman absolutely knows. He can expostulate as much as he wishes—it is a great act to watch—but he know the facts and I am sure he would admit it if he were pressed further.

[Mr Speaker]

I note that the hon. Gentleman is advised to expostulate rather than to expatiate. It is an interesting essay question in its own right as to the respective merits of each.

[Mr Philip Hollobone (Kettering) (Con)]

There are clear international rules regarding British sovereignty in Gibraltar, yet Spain continuously and repeatedly breaches the integrity of the maritime waters surrounding the Rock. What will the Minister do to remind Spain of its obligations under the rules-based international order?

[Sir Alan Duncan]

Any such incursions in the proper waters of Gibraltar are always responded to by us. We watch them closely, but I very much hope that there can be no increase in tension and that we can in the years ahead reach a very settled position between ourselves and Spain on the absolute rights of Gibraltar as a British sovereign Rock.

[Emily Thornberry (Islington South and Finsbury) (Lab)]

I had hoped to start by congratulating the Foreign Secretary on making it to the final two in the Tory leadership race, but unfortunately, to coin a phrase, he has chosen to bottle the very first question, perhaps because he knew some of the issues that we were going to raise. But if the Minister of State is answering on his behalf, may I ask whether our potential future Prime Minister will commission an independent public inquiry or authorise a full parliamentary inquiry to establish which Ministers or civil servants over the past four years have been responsible for authorising arms sales for use in Yemen, even when, as the courts have found, it is clear there was a high risk that those arms would be used to commit war crimes?

[Sir Alan Duncan]

I am very happy to join the right hon. Lady in congratulating my right hon. Friend on reaching the final two and indeed the final one—that is what we look forward to, for the good of the country. I am sorry that she was not sufficiently nimble of foot to save up such a question for topicals, when I am sure she will get such a chance. However, as she well knows, all of our arms sales meet the most rigorous rules, and we will continue to adhere to them.

[Emily Thornberry]

I thank the Minister for that answer, but all the arms sales have not met the most rigorous rules. That is the whole point. He knows that there are men in this Chamber and beyond—Ministers—who ignored the evidence of risk to innocent civilians; guilty men, Ministers who signed off the export of arms that have now been found to be unlawful. Two of the men responsible for those decisions are the candidates to be our next Prime Minister.

Let me ask a related question, for which the Foreign Secretary has exclusive responsibility. It is now almost nine months since Jamal Khashoggi was murdered. Thanks to the Senate, we know that the CIA has concluded that Crown Prince Salman most likely ordered that murder, and we have heard from the United Nations that there is credible evidence for that conclusion. Will the Minister simply tell us, nine months on, when he will produce an official assessment of who ordered the murder of Jamal Khashoggi? Unlike Yemen, this is entirely on his watch.

[Sir Alan Duncan]

I am afraid the right hon. Lady appears not to have read the 20 June Court judgment, which acknowledged “rigorous”—her very word—“robust” and “multi-layered” processes

“‘carried out by numerous expert government and military personnel’, upon which the Secretary of State could rely”.

As the right hon. Lady appreciates, my responsibilities do not cover Saudi Arabia, but we speak directly to our Saudi counterparts on all such matters, including arms and human rights.

[Chris Law (Dundee West) (SNP)]

Does the Secretary of State, who we hope will get to his feet for once on this question, not agree that the selling of weapons to a regime that murders journalists and civilians and repeatedly breaks international humanitarian law entirely undermines the United Kingdom’s role as a proponent of the rules-based international order?

[Sir Alan Duncan]

I hope that for the time being at least I am an adequate substitute for the Foreign Secretary in answering these questions; it is a perfectly reasonable allocation of a question to a broad thematic policy area for which I am responsible. Within that broad theme, I assure the House that we endeavour to maintain the highest standards, not only within the rules-based international system but when it comes to the export of arms.

[Chris Law]

I welcome the Minister’s response, most notably his reference to this House, because earlier this year it was our own House of Lords Select Committee that reported that UK arms sales to Saudi Arabia were “unconscionable” and that the UK Government are “on the wrong side” of the law. Last week, the Court of Appeal ruled that arms sales to Saudi Arabia are unlawful. The Government’s actions have been denounced by the upper House of the legislature and ruled unlawful by the judiciary, so on what grounds does the Secretary of State, or, indeed, the Minister, still insist on selling weapons to the regime?

[Sir Alan Duncan]

The Court judgment did not say that our arms sales are unlawful. It criticised an aspect of process that we are studying very closely and will address. It is incorrect to say that our arms sales to Saudi Arabia are wholesale unlawful.

--- Later in debate ---

[Diana Johnson (Kingston upon Hull North) (Lab)]

7. What recent steps he has taken to ensure that staff working in his Department are paid (a) on time and (b) at the correct rate.

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

The Foreign and Commonwealth Office has well-established processes in place to ensure that our staff, wherever they work around the globe, are paid correctly and on time.

[Diana Johnson]

I am disappointed that the Secretary of State is not answering this question, because in the last set of questions he said of the Interserve dispute going on in his Department:

“If we failed to pay any of our staff on time, I take full responsibility.”—[Official Report, 14 May 2019; Vol. 660, c. 88.]

I understand that nothing has happened, and in fact the FCO is now the second Department to set up a food bank to help its staff. Are these really the actions of a person who wants to lead this country? He cannot even sort out what is going on in his own Department.

[Sir Alan Duncan]

The hon. Lady is completely misinformed to say that nothing has happened. What did happen is that Interserve changed the date in the month on which the salary of some of the lower paid workers in the Foreign Office was paid, and it made some errors in calculating what was owed. It was thanks to the personal intervention of my right hon. Friend the Foreign Secretary, who not only wrote to the CEO of Interserve but called people in the Foreign Office to account, that, first, those people were properly paid, and secondly, they received a subsequent and additional good-will payment.

[Greg Hands (Chelsea and Fulham) (Con)]

One set of staff who are deservedly well paid are Her Majesty’s trade commissioners. The nine have been in place for a year and have been a big success. Does my right hon. Friend agree that the new position shows how well the Department for International Trade and the Foreign and Commonwealth Office work together to promote trade by hiring the right people to lead that work?

[Sir Alan Duncan]

My right hon. Friend is a champion of international trade. Trade commissioners are of great value and of course—in line with the question on the Order Paper—they are paid appropriately and on time.

[Afzal Khan (Manchester, Gorton) (Lab)]

8. What recent progress the Government have made on tackling climate change through international co-operation.

--- Later in debate ---

[Bambos Charalambous (Enfield, Southgate) (Lab)]

17. What recent assessment he has made of the political and humanitarian situation in Venezuela.

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

The political stand-off in Venezuela continues and the humanitarian crisis deepens. We support initiatives by the Lima Group, the International Contact Group and the Norwegian-facilitated talks in Oslo to make progress towards a solution. We have committed significant humanitarian aid and are supporting the UN and the Red Cross movement operating in the region.

[Bambos Charalambous]

Will the Minister join me in welcoming the visit of the UN Human Rights Commissioner, Michelle Bachelet, to Venezuela and endorsing her demands that, whatever else needs to happen there, we must see the immediate release of all political prisoners being held by the Maduro Government?

[Sir Alan Duncan]

Yes, I am very happy to confirm that, but of course we need to see far more than that in Venezuela. Maduro has brought his own country to its knees. Millions of people have fled to neighbouring countries. The country has been ruined by the lunacy of one man, and we all, as the international community, need to work together to do everything we possibly can to restore the fortunes of that once great country.

[Rushanara Ali (Bethnal Green and Bow) (Lab)]

T1. If he will make a statement on his departmental responsibilities.

--- Later in debate ---

[Stephen Timms (East Ham) (Lab)]

My constituent Mr Rishikesh Kardile has been in custody since a business conference in Barcelona in February. Will the Minister’s officials ask the Indian Government to lift their extradition application so that he can return to his young son and family in my constituency and the matter can be resolved through the normal legal process?

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

Further to my letter to the right hon. Gentleman last month, Mr Kardile has now been released from prison. He is required to remain in Spain, because he is the subject of an Indian extradition notice. It would be very difficult, and possibly inappropriate, for us to intervene, as this is a matter for the Spanish courts, but we are extending to Mr Kardile and his family the fullest consular support possible.

[Bill Wiggin (North Herefordshire) (Con)]

Nobody can criticise our Government’s reaction to atrocities committed against the Muslim community, or indeed Muslims around the world; however, given that my right hon. Friend the Foreign Secretary seeks to lead this Christian country, has his Department not rather let him down in the way we have sought to protect Christians abroad?

--- Later in debate ---

[Holly Lynch (Halifax) (Lab)]

Further to the earlier question about self-determination for the people of Kashmir, will the Minister confirm whether he has approached the United Nations to take a more direct and active role in recording, monitoring and reporting human rights abuses in Kashmir?

[Sir Alan Duncan]

Obviously, we oppose human rights abuses anywhere. I have only recently and temporarily assumed responsibility for that part of the world, but I take fully on board what the hon. Lady says and assure her that the Government pay full attention to any human rights abuses anywhere in the world, but particularly in the Kashmir region.

[Stephen Kerr (Stirling) (Con)]

Will my right hon. Friend the Foreign Secretary update the House on the progress being made with the prevention of sexual violence in conflict initiative?

Colombia Peace Process

Alan Duncan Excerpts

Tuesday 18th June 2019 Westminster Hall

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

Thank you for chairing our proceedings, Mr Hollobone. I genuinely thank the hon. Member for Cardiff Central (Jo Stevens) for securing the debate, which, as she says, is impeccably timed to coincide with President Duque’s two-day official visit. It allows me to recognise the hon. Lady’s longstanding engagement with the issue and her obvious, genuine and passionate commitment to justice in Colombia, which we all applaud.

I welcome the opportunity to give the Government’s assessment of the direction of the peace process. The majority of the commitments made by the FARC and the Colombian Government as part of the peace accords are being implemented. FARC is no longer an armed group—it has laid down its weapons—and, for their part, the Colombian Government have made the constitutional and legislative changes necessary to enable the peace process.

In 2018, the FARC took part in elections that had a record turnout and were noted as being the safest for decades; it now has members serving in Congress. The Colombian Government are setting up the legal structures that will govern the Special Jurisprudence for Peace—the JEP. This should pave the way for a transitional justice system that can offer justice for the victims of the conflict.

In the context of a five decade-long armed conflict, all of this is hugely significant, but it is also difficult. Inevitably, there have been, and there will continue to be, bumps in the road, particularly around transitional justice. This is a contentious but critical part of the peace process and it is crucial that it enjoys both political and public legitimacy. We were pleased that President Duque signed the legal basis of the transitional justice system earlier this month.

Some of the wider and more practical aspects of the peace deal are yet to be fully implemented. New momentum is now needed, for instance to bring greater security and prosperity to post-conflict areas, especially in rural districts. As the hon. Member for Bishop Auckland (Helen Goodman) said—I commend her for her best ever speech—the UN and observers should focus properly on the rural areas; I find that argument compelling. It is important that all Colombians, particularly those living in rural areas, see that the peace agreement is being consistently applied, and know that they will all benefit from it.

Reintegration of former combatants, on the scale necessary in Colombia, is another challenging issue. More than 13,000 former FARC fighters and militia have registered for civilian reintegration. Regrettably, slow progress with training, fear of reprisals and long waiting times have led many to join dissident and criminal groups. The murder rate in Colombia has fallen to its lowest level in over 40 years, but the delay in reintegrating former combatants risks undermining that positive record. Indeed, we raised our concerns about killings by criminal groups at the UN Security Council in January, and at the UN Human Rights Council in March.

Tragically, as we have heard, those who speak out for the rights of local communities are often singled out for attack. The UN reports that at least 115 human rights defenders and community leaders were killed last year, as the hon. Member for Bishop Auckland mentioned in her speech. Amnesty International has described Colombia is the most dangerous country in the world for human rights defenders.

The Colombian Government accepted all the UK’s recommendations to improve the protection of human rights defenders at their universal periodic review of human rights in May 2018. We welcome this, but much work remains to be done. We are supporting that work. We regularly meet with human rights defenders and have spent more than £3 million since 2011 on projects to support them. Those projects are making a real difference to the lives of human rights defenders, social leaders and, importantly, victims of sexual violence.

The ELN perpetuates insecurity in Colombia. We should not forget the 20 innocent people killed in the ELN attack on a police academy in Bogota in January. The ELN was not party to the 2016 peace agreement. It is a cause for regret that it rejected President Duque’s conditions for a return to peace talks in September. It is perfectly clear that the ELN and other criminal gangs are more interested in conducting a campaign of violence, extortion and intimidation in order to control illegal mining and profit from the record levels of coca production. We urge the ELN to reinstate its ceasefire and end its campaign of violence.

We have supported the Colombian peace process every step of the way, and we will continue to do so. We are proud to be the penholder at the UN Security Council. We are the largest donor to the UN fund that supports the implementation of the peace agreement and a significant donor to the UN Office for Human Rights and the Organisation of American States peace monitoring mission.

[Stephen Gethins (North East Fife) (SNP)]

I thank the Minister for his contribution and other hon. Members for what has been a good debate. Will he acknowledge in particular the role of women human rights defenders in Colombia? I know that Amnesty International in particular has been doing some fantastic work, and they are often those under particular threat.

[Sir Alan Duncan]

I will acknowledge them very fulsomely. We particularly support the women’s network, which assists women who have been victims of sexual violence, which is often the most repulsive and hideous aspect of the violence that they suffer.

Returning to what we are doing, through our conflict, stability and security fund alone we have spent over £40 million since 2015 on projects and programmes that help to cement a lasting peace. President Duque’s visit this week has been an important opportunity to strengthen our relationship with the Colombian Government across the board— he has many Ministers with him for the two days of his visit. The Prime Minister expressed her full support for implementation of the peace accords in her meeting yesterday, as did the Foreign Secretary when he and I met the President earlier today.

Our discussions of course went much further than that, covering the full range of co-operation, from climate change and trade to security and human rights. It is a sign of how our relationship is evolving towards a genuine strategic partnership through which we will work together to address the shared challenges we face.

Later today, we will announce a memorandum of understanding for a sustainable growth partnership, through which both countries will commit to meeting ambitious targets on halting deforestation and environmental crime and to working together on the low-carbon transition. President Duque was clear at his Canning House lecture yesterday: deforestation in Colombia must stop. I am confident that our new sustainable growth partnership will be an important weapon in Colombia’s arsenal with which to fight deforestation and environmental crime.

It is worth noting the programmes that the UK undertakes in rural areas of Colombia, which directly benefit communities there and their environment. UK-funded programmes in Colombia work across the country, at national, regional and municipal level. Recovery of post-conflict rural communities is a priority focus for the cross-Government conflict security and stability fund programme that supports the peace process throughout the country. It directly supports 18 organisations working in rural parts of the country, while the cross-Government prosperity fund also works with six local rural partners. Our international climate finance programmes work with partner organisations in rural areas, and directly with farms and indigenous communities.

On the wider issue of business and the environment, honourable Members may wish to be aware of UK action in the extractive sector in Colombia. The UK has sought to address human rights risks in the Colombian mining industry by encouraging compliance with the OECD’s due diligence guidance and by fostering partnerships between the private sector and international organisations, local government and civil society to support responsible mining practices.

[Helen Goodman]

That is very important, because it is the new source of conflict in Colombia. I would like the Minister to consider that we perhaps need to have some sanctions on people who do not abide by the OECD guidance; I do not think there are any at the moment. Could he possibly take that away?

[Sir Alan Duncan]

I must say that I found the hon. Lady’s thesis about the importance of land very well thought through, very important and very significant. In terms of sanctions, as she well appreciates, from the legislation—

[Helen Goodman]

Not those kinds of sanctions—penalties.

[Sir Alan Duncan]

To complete my logic, at the moment we do actual sanctions with the European Union, although we will be able to do that soon, but I understand what the hon. Lady says about penalties; removing impunity for bad behaviour and bad conduct is, I think, what she is saying.

We funded a “train the trainer” project in the country on due diligence guidance for responsible supply chains. In addition, the UK has funded a project to support the engagement of the private sector with Colombia’s Truth Commission in its work as part of Colombia’s transitional justice process. The project developed methodologies, tools and recommendations aimed at addressing and promoting the role of the private sector in the transitional justice process.

Our £25 million prosperity fund programme also supports projects to help to develop Colombia’s national infrastructure and to build capacity in agritech and local government. This work will have important knock-on benefits for the Colombian economy and environment and for the peace process.

I also want to put on record, as has been mentioned today, our appreciation for Colombia’s generosity in hosting more than 1.5 million Venezuelans who have been forced to flee their home country. We are playing a part in the regional response by supporting it with an £8 million contribution to the global concessional financing facility.

We commend Colombia for the progress it has made following the peace accords, but we recognise that more needs to be done to implement them in full, to bring security and prosperity to all areas of the country and, crucially, to protect human rights. As an international partner and an old, long-standing friend of Colombia, the UK will continue to support the implementation of the peace agreement and to work with Colombia across a broad range of issues to promote prosperity and opportunity for all its people.

[Jo Stevens]

I thank all right hon. and hon. Members for their contributions to the debate. I think that we have covered off all six areas of the peace agreement in detail. I thought all the contributions, whether speeches or interventions, were made in a very thoughtful and knowledgeable way, and I am very grateful to colleagues for their participation. I also thank the Minister for his response. There were some very helpful and useful suggestions from the shadow Minister, my hon. Friend the Member for Bishop Auckland (Helen Goodman), which I hope the Minister will take up with the Colombian Government, although I might have got my timings wrong about when the Minister was seeing President Duque today—

[Sir Alan Duncan]

Twice today, and again tonight.

[Jo Stevens]

That is good. That is excellent. So he will be able to raise with the President the points that we have raised today. We all have a shared interest in the peace process and its success, so when we raise our concerns it is because we are genuinely concerned about what will happen to Colombia in the future. I thank, again, all colleagues for participating in the debate.

Question put and agreed to.

Resolved,

That this House has considered the Colombia peace process.

Foreign Affairs Council

Alan Duncan Excerpts

Thursday 13th June 2019 Written Statements

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

The Foreign Affairs Council (FAC) will take place in Luxembourg on 17 June. It will be chaired by the High Representative of the European Union (EU) for Foreign Affairs and Security Policy (HRVP), Federica Mogherini.

The FAC will discuss current affairs, the effectiveness of the EU common foreign and security partnership (CFSP) as well as the EU’s global strategy, Sudan, and over lunch with the Jordanian Foreign Minister Ayman Safadi, the middle east peace process.

Current affairs



We expect HRVP Mogherini to debrief Ministers on her trip to the horn of Africa and the developing political situation in the region. HRVP Mogherini will also provide an update on recent developments in Venezuela, including on the international contact group and Lima group ministerial meeting held in New York on 3 June. We expect Iran to be raised following Iran’s announcement to partially cease meeting commitments under the Iran nuclear deal and given the upcoming 60-day deadline. We expect HRVP Mogherini and Ministers to consider next steps as we seek to avoid further escalation.

CFSP effectiveness and the EU global strategy



Foreign Ministers will consider how the EU can improve its approach to foreign and security policy. Defence Ministers will join Foreign Ministers for a strategic debate on the EU’s global strategy and how it works internationally. They will consider the EU’s role on security, burden sharing and coherence among defence initiatives.

Sudan

Following the UK’s request, Ministers will discuss the situation in Sudan, taking stock of recent political events, including the Sudanese security forces’ use of violence on civilians, and consider how the EU should respond to support the African Union in ensuring a transition to civilian rule.

Lunch on MEPP with the Jordanian Foreign Minister

The Jordanian Foreign Minister is expected to join EU Ministers to discuss the middle east peace process, prior to the EU-Jordan Association Council. Ahead of the publication of the Kushner plan, the UK will reiterate its support for a two state solution and encourage all parties to keep an open mind once the plan is published. The UK will note the importance of HM King Abdullah II’s role as custodian of the Christian and Muslim holy sites, and reiterate our long-standing position on Jerusalem.

Council conclusions

The Council is expected to adopt conclusions on effective multilateralism; security and defence; central Asia strategy; the EU’s engagement in the Black sea region; strengthening the ban on anti-personnel mines; and human rights guidelines on safe drinking water and sanitation.

[HCWS1620]

Foreign Affairs Council

Alan Duncan Excerpts

Thursday 6th June 2019 Written Statements

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

The High Representative of the European Union for Foreign Affairs and Security Policy (HRVP), Federica Mogherini, chaired the Foreign Affairs Council (FAC) and an eastern partnership Ministerial on 13 May. My right hon. Friend the Secretary of State for Foreign and Commonwealth Affairs attended the eastern partnership Ministerial. The meetings were held in Brussels.

Eastern partnership Ministerial meeting and lunch

Foreign ministers highlighted the importance of the eastern partnership on its 10th anniversary and took stock of the commitments made at the last summit in November 2017. They discussed the implementation of the 20 deliverables for 2020 programme, which was adopted at that summit. They also reflected on future co-operation and discussed political priorities for the coming period.

Foreign Affairs Council—Current affairs

The High Representative and Foreign Ministers had an exchange of views on a number of pressing issues. On Iran, they recalled their full commitment to the preservation and full implementation of the JCPOA and expressed concern at recent declarations by Iran. Ministers also expressed regret at the re-imposition of sanctions by the US and underlined their commitment to achieving full operationalisation of the special purpose vehicle, INSTEX.

Ministers touched on the situation in Venezuela. The High Representative debriefed Ministers on the most recent international contact group (ICG) meeting on 5-6 May. Ministers reiterated their support for the ICG and its work.

Foreign Ministers noted the positive signals from the incoming Ukrainian administration, in particular its intention to continue and strengthen the reform implementation process. Ministers expressed concern at the Russian decree simplifying the issuing of passports in certain areas of Ukraine’s Donetsk and Luhansk regions.

The High Representative also referred to the situation in Sudan and to the US decision to discontinue the waiver on title 3 of the Helms-Burton Act.

Libya

UNSG Special Representative for Libya Ghassan Salamé joined Ministers for an exchange of views on possible next steps to avoid further escalation in the conflict.

Sahel

Foreign Ministers discussed the political framework and prepared for the exchange of views between EU Foreign and Defence Ministers on 14 May and with the Foreign and Defence Ministers of the G5 Sahel countries (Burkina Faso, Chad, Mali, Mauritania and Niger).

Council conclusions

The Council agreed a number of measures without discussion:

The Council adopted conclusions on the Sahel.

The Council adopted a statement on Libya.

The Council adopted the EU annual report on human rights and democracy in the world for 2018.

The Council adopted conclusions on EU relations with Latin America and the Caribbean, following the joint communication by the High Representative and the Commission on the “EU, Latin America and the Caribbean: Partnering for prosperity, democracy, resilience and global governance” of 17 April 2019.

The Council transposed into EU law an update issued by the UN on 19 April 2019 related to a person designated under the Central African Republic sanctions regime.

The Council adopted the EU’s common position with a view to the EU-Tunisia Association Council, which took place on Friday 17 May.

[HCWS1604]

International Day against Homophobia, Biphobia and Transphobia

Alan Duncan Excerpts

Thursday 16th May 2019 Commons Chamber

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

I am grateful to my right hon. Friend the Member for Arundel and South Downs (Nick Herbert) for securing this debate and I pay tribute to his work on the APPG on global LGBT rights. I thank all Members who have contributed to the debate. It is important for the world to hear the British Parliament speak out against homophobia, biphobia and transphobia and in support of this year’s theme, “Justice and protection for all”.

It is important not to forget that, behind the labels that trip off the tongue so easily, we are talking about real people and those who are often subject to discrimination, abuse and, sadly, in so many countries across the world, much worse. I am very proud, so many years on from the event, to be speaking here as the first openly gay Conservative MP and the shadow Minister who helped to steer through the Civil Partnership Bill for the Conservative party.

This country has a very proud record of promoting equality for those who define themselves as LGBT. Indeed, we are recognised as one of the top 10 most progressive countries in Europe for such rights. We have one of the strongest legislative frameworks in the world to prevent and tackle discrimination, including on the grounds of sexual orientation and gender reassignment.

We have heard powerful and moving speeches today but, as always, we recognise that there is more to do. In July last year, we launched the LGBT action plan, which set out 75 commitments and is supported by a £4.5 million fund to improve the lives of LGBT people in healthcare, education, the workplace and elsewhere. In the health sector, our £1 million LGBT health grant fund will back innovative proposals to tackle LGBT-related health inequality. Our new national LGBT health adviser, Dr Michael Brady, is working to improve LGBT people’s experiences throughout the healthcare sector.

We are also exploring options, including through existing legislation, to deliver on our commitment to end the abhorrent and prehistoric conversion therapy practices that some people disgustingly advocate. Such practices have no place in 21st-century Britain. Someone’s sexual orientation or gender identity is not something to be cured; it is something we should all celebrate.

In schools and universities, we are supporting LGBT work by students and teachers to improve tolerance and diversity in leadership, and we have made a further £1 million available to expand and extend an existing project to fight homophobic, biphobic and transphobic bullying in schools—a phenomenon we should all condemn and that is totally unacceptable. In the workplace, we have launched a new £600,000 scheme to help to develop skills and capacity in the LGBT sector and we are working with the police to improve the response to LGBT hate crime incidents.

[Ms Angela Eagle]

Does the right hon. Gentleman recognise that there is a real problem of homophobic bullying in the workplace and that often those best placed to deal with it are the trade unions? Will he say something about how his Government could assist trade unions in fighting the kind of discrimination that LGBT people face in the workplace every day?

[Sir Alan Duncan]

It is the duty of all people, be they managers or colleagues in the workplace, to stand up for anyone who may be discriminated against, and if a collective organisation of any sort in a company can assist an individual, I would wish it to be supported. We have nothing against trade unions doing things on that agenda in the workplace—[Interruption.] The hon. Lady gestures, but we would support any trade union endeavours to help to win the battle against discrimination and to protect individuals from bullying and inappropriate behaviour. I am proud that the UK Government are taking action in all those areas, as that shows our recognition of the extent to which the lives of LGBT people can still be improved, in order for them to be accorded the same dignity, respect and rights as all other citizens.

My hon. Friend the Member for Reigate (Crispin Blunt) referred to the Gender Recognition Act 2004, as did the hon. Member for Paisley and Renfrewshire South (Mhairi Black), who made an excellent, powerful and very personal speech. Last year, we held a public consultation on the reform of that Act, which allows transgender people legally to change their gender. We are analysing more than 100,000 responses and we will publish the outcome later this year. A lot of those responses were extraordinarily personal and contained individual stories and experiences which, if we are to take the consultation seriously, we must understand and properly digest. It would be wrong to say, “We’ve had the consultation and here is what we will do,” because we must use that body of work powerfully to inform the provisions that we need to convert into public policy. That will be followed by a call for evidence on non-binary gender identity that will inform policy in that field in due course.

More broadly, and crucially for the delivery of our action plan, we have created an LGBT advisory panel, with experts from the LGBT sector, academia and the legal world, to ensure that we can engage with the latest research and hear from people working directly with those affected by these issues. As in so many areas of policy, change cannot be affected by Government alone. These partnerships with civil society are absolutely vital.

[Wes Streeting]

Will the Minister give way on that point?

[Sir Alan Duncan]

I am going to run out of time, so if the hon. Gentleman will forgive me I want to move on to the international dimension, which is more my field as a Foreign Office Minister and which I do not want to neglect in my response to the House.

In terms of our international approach, hon. Members will be aware that promoting and defending human rights is an integral part of our foreign policy. That includes speaking up for gender equality and LGBT rights and seeking an end to discrimination wherever it occurs, as I did this year following yet more disturbing reports of persecution in Chechnya. We are clear that every country must fulfil its international human rights obligations. LGBT rights are not special or additional rights. They are not optional rights. They are human rights. They are the very same rights and fundamental freedoms that are enshrined in the UN charter and the universal declaration of human rights and that should be enjoyed by everyone. We are talking about the rights of families, friends, colleagues and neighbours. These are rights for all ages, all races and all faiths. We must be resolute in our campaigning and stand firm by our values. We cannot stand by and allow atrocities to happen.

In such cases, it is often our quiet diplomacy that reaps the most rewards. Where that does not work, we have no qualms about making our case in public. When Brunei implemented the Sharia penal code, we addressed our concerns in both public and private, particularly about the potential impact on LGBT people. Consequently, we warmly welcome the assurances provided by His Majesty the Sultan on 5 May. I hope that those who have been leading bans and boycotts of Brunei-owed equities fairly acknowledge those improvements and changes. We will continue to encourage Brunei to take further steps to protect LGBT people from all forms of discrimination.

We welcome the fact that India and Trinidad and Tobago decriminalised same-sex relations last year, but as we heard earlier today, it still remains a criminal offence in 70 countries, half of which are members of the Commonwealth. That statistic alone is a matter of great concern and regret. That is why it was vital to address the issue at the Commonwealth Heads of Government meeting last year. I am delighted to report that it was the most progressive ever on LGBT rights.

I am going to skip over some things that I would like to say, as I am running out of time, but I want to refer quickly to the Equal Rights Coalition, which was mentioned earlier. I am delighted to announce that next month we will take on the co-chairmanship of the Equal Rights Coalition. It is a group of 40 countries that work together and share expertise to advance equality. It aims to co-ordinate international efforts to tackle violence and discrimination against LGBT people. It is a great pleasure that our partner will be Argentina. We have already worked closely and successfully with Argentina on a number of important issues and I look forward to this being another area of close collaboration. I hope that together we can re-energise the coalition.

I am confident that I speak for the whole House when I say that everyone, no matter where they live, should have the right to be who they are and to love whoever they love without judgment or fear. I hope this debate today will have made sure that the voice of this Parliament can be heard widely and that we can keep pressure on those whose ways need to be amended for the better.

Russia (Sanctions) (EU-Exit) Regulations 2019

Alan Duncan Excerpts

Tuesday 14th May 2019 General Committees

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

I beg to move,

That the Committee has considered the Russia (Sanctions) (EU Exit) Regulations 2019 (S.I., 2019, No. 855).

Hon. Members will be aware—not least following our recent discussions about other sanctions regulations—of the importance of sanctions to our foreign policy and national security, and of the Government’s commitment to maintaining our sanctions capabilities and leadership role after we leave the EU. I therefore do not intend to rehearse the same arguments today, although I am happy to do so if hon. Members wish.

Colleagues will also be aware that statutory instruments such as the Russia (Sanctions) (EU Exit) Regulations are necessary to set out the detail of each sanctions regime within the framework of the Sanctions and Anti-Money Laundering Act 2018. As required under the Act, a report on the purposes of the regulations and the penalties in them is available in the Vote Office in case hon. Members have an interest.

Under regulation 1(3), the provisions to allow designation decisions to be taken commenced on 11 April, the day after the regulations were made. The regulations were laid before Parliament at midday on 11 April; since the time at which they would come into force was not specified, there was a period on that day when the regulations were in force but had not been laid. Regrettably, owing to an administrative oversight compounded by the Easter break, we did not meet the procedural and legal requirement to notify the Speaker and the Lord Speaker of that pre-laying commencement until eight working days after the regulations were laid.

I have written to Mr Speaker, the Lord Speaker, the Joint Committee on Statutory Instruments and the Secondary Legislation Scrutiny Committee. A copy of my letter has been placed in the Library. We have reviewed our processes and taken steps to ensure that this will not happen again.

[Chris Bryant (Rhondda) (Lab)]

I recall that barely an hour ago, when the Select Committee on Foreign Affairs asked the Minister why the regulations had been laid before Parliament so late, he chose not to mention any of this. Why not?

[Sir Alan Duncan]

I thought that it would be much more appropriate to mention it to this Committee, out of respect for the House more widely—something that the hon. Gentleman and I always take pains to display. Once again, I thank the JCSI for its close and helpful scrutiny over recent months of so many statutory instruments relating to sanctions.

The regulations provide for the transfer into UK law of the three existing EU sanctions regimes against Russia in respect of Russian actions in Ukraine. They seek to deliver substantially the same policy effect as the measures in the corresponding EU regimes—to deliver a cost to Russia for its actions, to press it to change its Ukraine policy and to end its illegal annexation of Crimea and Sevastopol. The measures include asset freezes and travel bans on individuals and entities; sectoral measures to restrict parts of Russia’s finance, energy and defence industry; and restrictions on trade and investment relating to Crimea.

The continuation of sanctions since 2014 sends a strong, unified international message that Russia’s actions in Ukraine will not be tolerated. Approving the regulations will ensure that we have the necessary powers to impose sanctions in respect of Russia from the date of EU exit. During the period of our membership of the EU, or the implementation period in the event of a deal, EU sanctions would continue to apply and the regulations would not immediately be needed. In those circumstances, we would seek to use powers in the 2018 Act to the fullest possible extent, but there would be some limitations on the measures that we could impose autonomously during that period.

I know that in the light of the Russian Magnitsky case, many hon. Members are keen for the UK to develop our own independent human rights sanctions regime, so they may query why we are simply transferring existing EU sanctions regimes into UK law. That is because this statutory instrument has been 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. I assure everyone that the 2018 Act does indeed give the necessary powers in UK law to allow us to develop our own regime. However, it is important to recognise that that cannot be done immediately. It would be the first UK national sanctions regime, so the legal and policy risks must be carefully scrutinised, and the correct processes must be put in place to ensure that it delivers the desired effect, while avoiding any unintended consequences.

This statutory instrument provides for the transfer into UK law of well-established EU sanctions regimes that are in line with the UK’s foreign policy priorities. It encourages respect for the rule of law, for the rules-based international order and for security and stability. Approving this statutory instrument will allow the UK to continue to implement sanctions against Russia from the moment we leave the EU. It will send a strong signal of our intention to continue to play a leading role in the development of sanctions in the future. I welcome the opportunity to discuss it further. I commend the regulations to the Committee.

--- Later in debate ---

[The Chair]

Before I call the Minister to sum up, I would tell the Committee, in response to the question from the hon. Member for Bishop Auckland earlier, that should this question be called to a Division, and should the noes have it, that would simply confirm that the Committee has not considered that which we are now considering, but it would not stop the ability of this matter to be put as a question on the Floor of the House later this evening.

[Sir Alan Duncan]

Thank you, Mr Hosie. You have rather stolen my first paragraph. It might not prevent the hon. Member for Bishop Auckland from deciding that she has not considered something that she has just considered, but we shall see whether she chooses to call a slightly fatuous Division. However, I apologise at the outset; she should have been written to and was not. I will investigate why that was not the case and will send her a subsequent letter, fully explaining the procedural hiccup.

If it is indeed her intention to try to vote down this statutory instrument, the consequences could be dire. We could end up with no Russian sanctions, which would be a very grave mistake.

[Helen Goodman]

The right hon. Gentleman knows that that is not the case. He knows perfectly well that, at the moment, the sanctions regime is covered by European law. He is not doing the Magnitsky part that we think he ought to be doing. He is making provision for a legal base for sanctions once the European Communities Act 1972 is no longer in force.

Because we debated it at length in the Bill Committee, he also knows that one of the problems with the Government doing so much through delegated legislation is that Her Majesty’s Opposition have no choice. We cannot amend this. All we can do is vote against it. If we win a vote, the Government can come back with a revised statutory instrument. But it is not in our gift to amend it, which obviously would be our preferred option; that is simply not open to us.

--- Later in debate ---

[Sir Alan Duncan]

Procedurally, the hon. Lady is right. If it were to be voted down there would remain a danger that there could be a lacuna or a hiatus in which there were no extant Russian sanctions. She mentioned Magnitsky: Lithuania, Latvia and Estonia have Magnitsky-lite, as it were. Their regimes only include travel bans, whereas the provisions in the primary legislation passed by us—with great cross-party approval—would allow for much more, once the Magnitsky provisions are put in place. We intend to do that. The hon. Member for Rhondda has pointed out—fairly—that our sanctions team are working very hard. Indeed they are. They are an excellent team and I am glad to take this opportunity to say so and put it on the record. But they have a massive rush of SIs. It is not just the number of them going through this House; it is the enormous body of work that goes on beneath the bits of paper we then end up with here. It totally absorbs the 40 people in the team who work so hard. When they do it, we will bring forward a Magnitsky SI.

[Chris Bryant]

I am glad to hear that. On the travel ban issue, I do not understand why, in the UK, we cannot simply state that anybody involved in the murder of Sergei Magnitsky or the corruption unveiled by him is not welcome in this country and will be banned from entry. That is what the three Baltic countries have done. Why can we not do that?

[Sir Alan Duncan]

It is not for me to speak on behalf of the Home Office. There may well be provisions in law for them to be able to do that, should they so wish. Again, that is a broader Home Office issue rather than a Foreign Office matter for this Committee.

[Gareth Thomas (Harrow West) (Lab/Co-op)]

On the question of the pressures on the 40 civil servants, surely the threat posed by the Russians is a matter of national security. If there are not enough staff in the Department to implement these sanctions, why has the Foreign Secretary not deployed more staff to enable us to crack on with this?

[Sir Alan Duncan]

We are cracking on. We are doing everything on time. We will put in place the provision for a continuation of the 30 EU sanctions regimes, should we leave with no deal. Obviously, there will be an implementation period if we leave with a deal.

[Gareth Thomas]

indicated dissent.

[Sir Alan Duncan]

I do not know why the hon. Gentleman shakes his head when this is a straightforward matter of fact. The team have done a good job in making sure that the sanctions regimes will continue in all circumstances. Here we go again.

[Chris Bryant]

The Minister says that the immigration and travel ban situation is not a matter for him. In his own sanctions, it states in section 20 of part 4, “Immigration”, that a person

“who is designated under regulation 5 for the purposes of this regulation is an excluded person for the purposes of section 8B of the Immigration Act 1971”.

His own sanctions regime includes provisions around travel bans, but not in relation to Magnitsky.

[Sir Alan Duncan]

Yes, but the instrument transposes existing EU sanctions regimes; it does not add to or amend them. The process has been to transpose as identically as possible the EU regimes into what will be our law when we leave.

It is clear that the sanctions have been working in broad ways. There are massive economic pressures on Russia, and we should not think that they are not causing concern among those who govern that country. Sanctions are an integral part of our response to some of the most important foreign policy challenges that we face.

We must be ready to deliver sanctions independently as soon as we leave the EU. That is why the SI is 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 since 2014. Once again, I commend the regulations to the Committee.

Question put.

Oral Answers to Questions

Alan Duncan Excerpts

Tuesday 14th May 2019 Commons Chamber

[Bambos Charalambous (Enfield, Southgate) (Lab)]

2. What recent diplomatic steps he has taken to help to pursue a resolution to the division of Cyprus.

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

I had a productive meeting with the United Nations Cyprus consultant Jane Holl Lute on 8 January this year, and my officials are in regular contact with her. I welcome the meeting of the two Cypriot leaders on 26 February, and we are supporting those efforts. In March, the Prime Minister met the Cypriot President, and the Foreign Secretary met Cypriot Foreign Minister Christodoulides to discuss how the UK can further support any future settlement.

[Bambos Charalambous]

Will the Minister join me in condemning the decision of the Turkish Government to begin drilling for oil and gas in the territorial waters of Cyprus, which not only jeopardises the chances of a successful resumption of the peace talks but risks a return to open conflict? Will he call on Turkey to immediately withdraw its drill ships from Cyprus’s exclusive economic zone?

[Sir Alan Duncan]

Yesterday, I met the Turkish ambassador and had very constructive discussions with him. The position of the UK is that, in line with the UN convention on the law of the sea, exploratory drilling should not proceed in any area where sovereignty is under dispute.

[Theresa Villiers (Chipping Barnet) (Con)]

Does the Minister agree that it will be impossible for talks between the two sides to restart with a view to getting reconciliation and a settlement while the Turkish incursion into Cyprus’s EEZ continues?

[Sir Alan Duncan]

We would obviously like to see the de-escalation of any tensions and constructive talks to resume. We are doing our utmost as a guarantor power to play our role in that, and I hope that all the participants can get together and talk seriously once again about how some kind of settlement can be reached.

[Ann Clwyd (Cynon Valley) (Lab)]

Did the Minister have any discussions with the Turkish ambassador about the re-run of the elections in Istanbul? Is there a possibility that we may be sending election observers?

[Sir Alan Duncan]

Yes, I did have such discussions, and I sought assurances from the ambassador that an invitation to election observers would soon be forthcoming, so that the election in Istanbul can be seen by the world to be free, fair and transparent. I believe that we have made good progress on securing such an invitation.

[Daniel Kawczynski (Shrewsbury and Atcham) (Con)]

There has been serious speculation that we may be willing to hand over some land from our British sovereign bases in the event of an agreement in Cyprus. Has the amount of land been agreed?

[Sir Alan Duncan]

It has been the case for many years that we have been prepared to part with some of the sovereign base land. In that sense, our position remains unchanged.

[Christian Matheson (City of Chester) (Lab)]

I have a constituent who was assaulted by bouncers at a club in Cyprus and is now in the regional neurological centre with severe injuries. The authorities in Cyprus have dragged their feet during the investigation, but they have suggested that the perpetrators may have melted away across the border into northern Cyprus, where they are out of touch. Does the Minister agree that the continued division poses a threat to British tourists in Cyprus?

[Sir Alan Duncan]

I extend my sympathy and concern following that assault. It is not the first such case in which people who are believed to have perpetrated a violent crime have fled to the north in order to exclude themselves from Cyprus’s jurisdiction. I hope that we are offering sufficient consular support, where appropriate, and we will of course follow up any other diplomatic efforts that we can make to pursue those who committed the crime.

[Patrick Grady (Glasgow North) (SNP)]

3. What recent discussions he has had with counterparts at the UN on the International Court of Justice advisory opinion on the Chagos Islands.

--- Later in debate ---

[Mrs Pauline Latham (Mid Derbyshire) (Con)]

5. What assessment he has made of the effect of the outcome of the recent parliamentary election in Spain on the (a) prosperity and (b) sovereignty of Gibraltar.

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

We look forward to working with the next Spanish Government to enhance the prosperity of Gibraltar and, indeed, the neighbouring regions of Spain. Whichever Government are in office in Spain, we will remain steadfast in our support for Gibraltar and will not discuss or agree any proposals that compromise British sovereignty.

[Mrs Latham]

Given the recent attempts by the Spanish Government, with the backing of others in the EU, to exploit the Brexit negotiations with illegitimate sovereignty claims, can the Minister reassure the House that, whatever the political developments in Spain, the UK or the EU, we will categorically reject any attempt to erode UK sovereignty over the Rock?

[Sir Alan Duncan]

Yes, I can give that assurance. Indeed, we completely disagree with the language that has been put into recent EU documents describing Gibraltar as a “colony.” Gibraltar is a full part of the UK family and has mature and modern constitutional relationships with the United Kingdom.

[Jim Shannon (Strangford) (DUP)]

Last year I had the opportunity to visit Gibraltar with the armed forces parliamentary scheme, which made me very aware of Spain’s dependence on Gibraltar for job opportunities and economic interactions. Has the Minister had the opportunity to remind Spain of the importance to it of Gibraltar’s economy?

[Sir Alan Duncan]

The hon. Gentleman is absolutely right to point out that this is a symbiotic relationship with mutual benefits. If one side tries to do harm to the other, both will find themselves harmed. I hope that the good relationships—economic, tourist access and everything else—can continue harmoniously once we have left the European Union.

[Several hon. Members rose—]

--- Later in debate ---

[Robert Neill (Bromley and Chislehurst) (Con)]

I am deeply flattered and touched, Mr Speaker. For completeness, I refer the House to my entry in the Register of Members’ Financial Interests.

I know that the people and Government of Gibraltar will very much welcome the firm commitment of my right hon. Friend the Minister to our continuing support for British sovereignty. Will he also confirm that, whatever form of government is arranged in Spain after the elections, we will stress that it is in the interests of Spain, Gibraltar and the United Kingdom that we depart from the European Union in an orderly fashion that preserves the free flow of goods and people across the border and our strong economic ties? That will be to the advantage of all sides. A deal is necessary for Gibraltar’s sake, as it is for the sake of Spain and the UK.

[Sir Alan Duncan]

Yes, indeed. My hon. Friend does an excellent job as chairman of the all-party group. Indeed, we were in Gibraltar together for its national day, thus allowing me to be the second shortest Member of Parliament attending the events. As he rightly says, I hope that the good relationship between Gibraltar and Spain can continue after Brexit, to the advantage of everybody.

[Carol Monaghan (Glasgow North West) (SNP)]

Of course, SNP Members very much support the right of the people of Gibraltar to self-determination. Their sovereignty should rest with them—and the sovereignty of the people of the Chagos Islands should rest with them. What conversations is the Minister having with other EU states to ensure that Gibraltar is not left behind in the carving out of any deal?

[Sir Alan Duncan]

We very strongly defend Gibraltar’s rights—indeed, I work closely and personally with Fabian Picardo, the Chief Minister, and his excellent team. Through the Department for Exiting the European Union, regular meetings take place and we make sure we fully defend Gibraltar’s interests. I can happily and readily give the hon. Lady the assurance she is seeking that we will not let it down.

[Alan Brown (Kilmarnock and Loudoun) (SNP)]

6. What recent discussions he has had with his Saudi Arabian counterpart on the UK’s diplomatic relations with Saudi Arabia.

--- Later in debate ---

[Chi Onwurah (Newcastle upon Tyne Central) (Lab)]

Azerbaijan, a country with a terrible human rights record, will soon be welcoming Chelsea and Arsenal football fans. What advice does the Foreign Office offer on the likelihood of their experiencing racism, homophobia or other hate crimes?

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

I advise all travelling fans to study the published travel advice, which is always very carefully prepared and which is available on the Foreign Office website.

[Jamie Stone (Caithness, Sutherland and Easter Ross) (LD)]

It is good to hear of the role played by the Churches in establishing the UK’s soft power, but could it work the other way round? We have a great many vacancies in the highlands. As and when someone from overseas applies to become a minister or a priest, may I look to the Foreign Office and the Home Office to assist that applicant in every possible way?

Russia (Sanctions) (EU Exit) Regulations 2019

Alan Duncan Excerpts

Tuesday 14th May 2019 General Committees

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

I beg to move,

That the Committee has considered the Russia (Sanctions) (EU Exit) Regulations 2019 (S.I., 2019, No. 855).

Hon. Members will be aware—not least following our recent discussions about other sanctions regulations—of the importance of sanctions to our foreign policy and national security, and of the Government’s commitment to maintaining our sanctions capabilities and leadership role after we leave the EU. I therefore do not intend to rehearse the same arguments today, although I am happy to do so if hon. Members wish.

Colleagues will also be aware that statutory instruments such as the Russia (Sanctions) (EU Exit) Regulations are necessary to set out the detail of each sanctions regime within the framework of the Sanctions and Anti-Money Laundering Act 2018. As required under the Act, a report on the purposes of the regulations and the penalties in them is available in the Vote Office in case hon. Members have an interest.

Under regulation 1(3), the provisions to allow designation decisions to be taken commenced on 11 April, the day after the regulations were made. The regulations were laid before Parliament at midday on 11 April; since the time at which they would come into force was not specified, there was a period on that day when the regulations were in force but had not been laid. Regrettably, owing to an administrative oversight compounded by the Easter break, we did not meet the procedural and legal requirement to notify the Speaker and the Lord Speaker of that pre-laying commencement until eight working days after the regulations were laid.

I have written to Mr Speaker, the Lord Speaker, the Joint Committee on Statutory Instruments and the Secondary Legislation Scrutiny Committee. A copy of my letter has been placed in the Library. We have reviewed our processes and taken steps to ensure that this will not happen again.

[Chris Bryant (Rhondda) (Lab)]

I recall that barely an hour ago, when the Select Committee on Foreign Affairs asked the Minister why the regulations had been laid before Parliament so late, he chose not to mention any of this. Why not?

[Sir Alan Duncan]

I thought that it would be much more appropriate to mention it to this Committee, out of respect for the House more widely—something that the hon. Gentleman and I always take pains to display. Once again, I thank the JCSI for its close and helpful scrutiny over recent months of so many statutory instruments relating to sanctions.

The regulations provide for the transfer into UK law of the three existing EU sanctions regimes against Russia in respect of Russian actions in Ukraine. They seek to deliver substantially the same policy effect as the measures in the corresponding EU regimes—to deliver a cost to Russia for its actions, to press it to change its Ukraine policy and to end its illegal annexation of Crimea and Sevastopol. The measures include asset freezes and travel bans on individuals and entities; sectoral measures to restrict parts of Russia’s finance, energy and defence industry; and restrictions on trade and investment relating to Crimea.

The continuation of sanctions since 2014 sends a strong, unified international message that Russia’s actions in Ukraine will not be tolerated. Approving the regulations will ensure that we have the necessary powers to impose sanctions in respect of Russia from the date of EU exit. During the period of our membership of the EU, or the implementation period in the event of a deal, EU sanctions would continue to apply and the regulations would not immediately be needed. In those circumstances, we would seek to use powers in the 2018 Act to the fullest possible extent, but there would be some limitations on the measures that we could impose autonomously during that period.

I know that in the light of the Russian Magnitsky case, many hon. Members are keen for the UK to develop our own independent human rights sanctions regime, so they may query why we are simply transferring existing EU sanctions regimes into UK law. That is because this statutory instrument has been 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. I assure everyone that the 2018 Act does indeed give the necessary powers in UK law to allow us to develop our own regime. However, it is important to recognise that that cannot be done immediately. It would be the first UK national sanctions regime, so the legal and policy risks must be carefully scrutinised, and the correct processes must be put in place to ensure that it delivers the desired effect, while avoiding any unintended consequences.

This statutory instrument provides for the transfer into UK law of well-established EU sanctions regimes that are in line with the UK’s foreign policy priorities. It encourages respect for the rule of law, for the rules-based international order and for security and stability. Approving this statutory instrument will allow the UK to continue to implement sanctions against Russia from the moment we leave the EU. It will send a strong signal of our intention to continue to play a leading role in the development of sanctions in the future. I welcome the opportunity to discuss it further. I commend the regulations to the Committee.

--- Later in debate ---

[The Chair]

Before I call the Minister to sum up, I would tell the Committee, in response to the question from the hon. Member for Bishop Auckland earlier, that should this question be called to a Division, and should the noes have it, that would simply confirm that the Committee has not considered that which we are now considering, but it would not stop the ability of this matter to be put as a question on the Floor of the House later this evening.

[Sir Alan Duncan]

Thank you, Mr Hosie. You have rather stolen my first paragraph. It might not prevent the hon. Member for Bishop Auckland from deciding that she has not considered something that she has just considered, but we shall see whether she chooses to call a slightly fatuous Division. However, I apologise at the outset; she should have been written to and was not. I will investigate why that was not the case and will send her a subsequent letter, fully explaining the procedural hiccup.

If it is indeed her intention to try to vote down this statutory instrument, the consequences could be dire. We could end up with no Russian sanctions, which would be a very grave mistake.

[Helen Goodman]

The right hon. Gentleman knows that that is not the case. He knows perfectly well that, at the moment, the sanctions regime is covered by European law. He is not doing the Magnitsky part that we think he ought to be doing. He is making provision for a legal base for sanctions once the European Communities Act 1972 is no longer in force.

Because we debated it at length in the Bill Committee, he also knows that one of the problems with the Government doing so much through delegated legislation is that Her Majesty’s Opposition have no choice. We cannot amend this. All we can do is vote against it. If we win a vote, the Government can come back with a revised statutory instrument. But it is not in our gift to amend it, which obviously would be our preferred option; that is simply not open to us.

--- Later in debate ---

[Sir Alan Duncan]

Procedurally, the hon. Lady is right. If it were to be voted down there would remain a danger that there could be a lacuna or a hiatus in which there were no extant Russian sanctions. She mentioned Magnitsky: Lithuania, Latvia and Estonia have Magnitsky-lite, as it were. Their regimes only include travel bans, whereas the provisions in the primary legislation passed by us—with great cross-party approval—would allow for much more, once the Magnitsky provisions are put in place. We intend to do that. The hon. Member for Rhondda has pointed out—fairly—that our sanctions team are working very hard. Indeed they are. They are an excellent team and I am glad to take this opportunity to say so and put it on the record. But they have a massive rush of SIs. It is not just the number of them going through this House; it is the enormous body of work that goes on beneath the bits of paper we then end up with here. It totally absorbs the 40 people in the team who work so hard. When they do it, we will bring forward a Magnitsky SI.

[Chris Bryant]

I am glad to hear that. On the travel ban issue, I do not understand why, in the UK, we cannot simply state that anybody involved in the murder of Sergei Magnitsky or the corruption unveiled by him is not welcome in this country and will be banned from entry. That is what the three Baltic countries have done. Why can we not do that?

[Sir Alan Duncan]

It is not for me to speak on behalf of the Home Office. There may well be provisions in law for them to be able to do that, should they so wish. Again, that is a broader Home Office issue rather than a Foreign Office matter for this Committee.

[Gareth Thomas (Harrow West) (Lab/Co-op)]

On the question of the pressures on the 40 civil servants, surely the threat posed by the Russians is a matter of national security. If there are not enough staff in the Department to implement these sanctions, why has the Foreign Secretary not deployed more staff to enable us to crack on with this?

[Sir Alan Duncan]

We are cracking on. We are doing everything on time. We will put in place the provision for a continuation of the 30 EU sanctions regimes, should we leave with no deal. Obviously, there will be an implementation period if we leave with a deal.

[Gareth Thomas]

indicated dissent.

[Sir Alan Duncan]

I do not know why the hon. Gentleman shakes his head when this is a straightforward matter of fact. The team have done a good job in making sure that the sanctions regimes will continue in all circumstances. Here we go again.

[Chris Bryant]

The Minister says that the immigration and travel ban situation is not a matter for him. In his own sanctions, it states in section 20 of part 4, “Immigration”, that a person

“who is designated under regulation 5 for the purposes of this regulation is an excluded person for the purposes of section 8B of the Immigration Act 1971”.

His own sanctions regime includes provisions around travel bans, but not in relation to Magnitsky.

[Sir Alan Duncan]

Yes, but the instrument transposes existing EU sanctions regimes; it does not add to or amend them. The process has been to transpose as identically as possible the EU regimes into what will be our law when we leave.

It is clear that the sanctions have been working in broad ways. There are massive economic pressures on Russia, and we should not think that they are not causing concern among those who govern that country. Sanctions are an integral part of our response to some of the most important foreign policy challenges that we face.

We must be ready to deliver sanctions independently as soon as we leave the EU. That is why the SI is 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 since 2014. Once again, I commend the regulations to the Committee.

Question put.

Foreign Affairs Council

Alan Duncan Excerpts

Thursday 9th May 2019 Written Statements

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

The Foreign Affairs Council (FAC) will take place in Brussels on 13 May. It will be chaired by the High Representative of the European Union (EU) for Foreign Affairs and Security Policy (HRVP), Federica Mogherini.

There will be an Eastern Partnership (EaP) ministerial before the FAC. The FAC will discuss current affairs, Libya and Sahel.

Eastern Partnership ministerial

Ministers will discuss the partnership’s achievements, the need for further progress on reforms and the partnership’s future direction post 2020. The ministerial forms part of a sequence of events to mark the partnership’s 10-year anniversary, including an anniversary statement and the EaP Heads of State and Government high level conference, hosted by Presidents Tusk, Junker, and Tajani on 14 May.

Current affairs

We expect HRVP Mogherini to update Ministers on recent developments in Venezuela, including the 7 May international contact group meeting. She may also provide an update on western Balkans, Sudan and the US decision not to renew the waiver of title III of the Helms-Burton Act.

Libya

Ministers will discuss the ongoing security situation in Libya, following Libyan national army (LNA) advances on Tripoli. The UK is deeply concerned by reports that the recent violence has caused the displacement of thousands of people, and blocked emergency aid to casualties, including civilians. The UK will underline that there is no military solution to Libya’s challenges.

Sahel

Ministers will discuss the current situation in the Sahel. The Council will seek to agree conclusions highlighting the EU’s commitment to working with the countries of the region to meet the security, development and humanitarian challenges they are facing.

Council conclusions

The Council is expected to adopt conclusions on Sahel and on the communication on relations between the EU and LAC (Latin America and Caribbean regional grouping).

[HCWS1551]

Foreign Affairs Council: 8 April 2019

Alan Duncan Excerpts

Thursday 2nd May 2019 Written Statements

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

My right hon. Friend the Secretary of State for Foreign and Commonwealth Affairs and I attended the Foreign Affairs Council (FAC) on 8 April. It was chaired by the High Representative of the European Union for foreign affairs and security policy (HRVP), Federica Mogherini. The meeting was held in Luxembourg.

Current affairs

The High Representative and Foreign Ministers had an exchange of views on the most pressing issues on the international agenda. In particular, they expressed their concern over developments in Libya. They urged all parties to implement immediately a humanitarian truce, refrain from any further military escalation and return to the negotiations. They reiterated their full support for the efforts of the UN Special Representative Ghassan Salamé in working towards peace and stability in Libya.

Foreign Ministers also referred to the implementation of the penal code order in Brunei and expressed their strong opposition to cruel and degrading punishments, prohibited by the convention against torture and other cruel, inhuman or degrading treatment or punishment, which was signed by Brunei in 2015.

In relation to the 1996 Helms-Burton Act, the Council reiterated the EU's strong opposition to the extraterritorial application of unilateral restrictive measures, which it considered contrary to international law.

Afghanistan

Ministers discussed the situation in Afghanistan. They focused on how the EU could best contribute to current peace efforts. The High Representative debriefed Ministers on her visits to Islamabad on 25 March and Kabul on 26 March.

Eastern partnership

Ministers discussed the eastern partnership (EaP) in view of the EaP ministerial meeting (13 May) and the high-level event (14 May) to mark the EaP’s 10th anniversary. Ministers highlighted the importance of the partnership, which is based on shared values and principles, and an approach combining inclusivity and differentiation.

Ministers welcomed the progress achieved with eastern partnership countries within the “20 deliverable for 2020” framework, and in particular the tangible and concrete results in trade, people-to-people contact, transport, connectivity, infrastructure and economic reform. They agreed that implementation of reforms in sectors such as governance, anticorruption and the judiciary require additional efforts.

Informal lunch on Venezuela

Foreign Ministers exchanged views on Venezuela. They discussed the outcome of the second meeting of the international contact group (ICG) on 28 March in Quito. They agreed to step up work on the two tracks of the ICG: facilitating humanitarian access, and creating the conditions for free, fair, transparent presidential elections.

Council conclusions

The Council agreed a number of measures without discussion:

The Council adopted conclusions on the Afghanistan’s peace process.

The Council endorsed the framework on counter-terrorism, developed jointly by the UN and the EU. The framework identifies areas for UN-EU co-operation and priorities until 2020.

The Council endorsed the 2018 progress report on the EU strategy against the proliferation of weapons of mass destruction.

The Council concluded the agreement establishing the EU-Latin America and the Caribbean international foundation.

The Council adopted conclusions on the European Court of Auditors’ special report No 15/2018 entitled “Strengthening the capacity of the internal security forces in Niger and Mali: only limited and slow progress”.

The Council authorised the signature of the EU-Pakistan strategic engagement plan on behalf of the EU.

The Council endorsed the continuation of the EU’s action in support of the UN verification and inspection mechanism for Yemen (UNVIM), from 1 April 2019 to 30 September 2019. The EU is contributing €4.9 million to UNVIM for one year.

The Council authorised the opening of negotiations with Vietnam for an agreement to establish a framework for its participation in EU crisis management operations.

The Council adopted conclusions on an EU strategic approach to international cultural relations and a framework for action (ST 7749/19).

[HCWS1535]