Trade Bill

Debate between Andrea Jenkyns and Shabana Mahmood

Consideration of Lords amendments
Monday 22nd March 2021 Commons Chamber

[Shabana Mahmood (Birmingham, Ladywood) (Lab) [V]]

I support the motion tabled by the hon. Member for Wealden (Ms Ghani) and very much appreciate the opportunity this evening for a straight vote on the Alton amendment, which is particularly welcome in the light of the procedural shenanigans that prevented it last time. I want to call out the rank hypocrisy of the Government on their approach to the whole issue of determining whether a genocide is taking place. They have always ducked the question of whether the Chinese regime is committing genocide against the Uyghur people in Xinjiang by saying that the determination of genocide is a judicial decision, not a political one, and that it requires legal determination. The Prime Minister said that when he was the Foreign Secretary; when answering Foreign Office questions in November 2017, he said:

“genocide is a strict legal term, and we hesitate to deploy it without a proper judicial decision.”—[Official Report, 21 November 2017; Vol. 631, c. 839.]

In fairness, that has been the position of successive Governments, but this Government know that there is no international mechanism that will enable a legal determination on genocide against the Uyghurs because China will use its veto. None of the options for competent courts under international law is viable.

Now that there is a way forward in a domestic setting with the new Alton amendment, which in itself is a significant compromise—we are no longer considering a role for the High Court, but one for former senior judges in the House of Lords to make a determination on genocide—the Government say that they are happy to leave this issue to parliamentary Select Committees instead. This is unconscionable, unacceptable, breathtaking hypocrisy, and the House should take a stand against it today. If the Government are acting in good faith, I cannot think of any reason why they will not accept a role for the judges panel in the House of Lords, as per the Alton amendment. So we all have a fundamental judgment to make today. It has nothing to do with constitutional precedent or any other separate actions that the Government have announced today, in particular their welcome, though long overdue, decisions on deploying the Magnitsky sanctions regime. Today is simply about whether we draw a line in the sand and say that Britain must not do trade deals with countries that commit genocide. That is the only issue at stake here today, which is why I urge all Members to vote for the Alton amendment this evening.

[Andrea Jenkyns (Morley and Outwood) (Con)]

I would like start by commending the Department for International Trade for its fantastic work in continuing to secure free trade agreements around the world. Last week, I hosted a webinar on exporting, in partnership with the Department and my hon. Friend the Member for Wakefield (Imran Ahmad Khan). It was inspiring to hear of the opportunities our small and medium-sized businesses were taking in boosting skills and jobs in our local areas. With about 6.5 million UK jobs supported by UK exports, it is vital that we continue to support and encourage businesses to export, which will help drive a jobs-led recovery from the covid-19 pandemic.

The Bill updates and builds on our existing continuity trading relationship, which formed part of our membership with the EU. I particularly welcome the WTO’s agreement on Government procurement, which will secure access for UK businesses to overseas procurement opportunities worth £1.3 trillion a year. I also welcome the new trade remedies authority, which will enable Britain to secure the benefits of freedom while providing a safety net for domestic industries.

This country leads the way in making the case for human rights, as proven by my right hon. Friend the Foreign Secretary’s statement this afternoon, and we have not embraced an independent trading policy to do otherwise. Our trading policy must therefore reflect our human rights priorities in a way that is both practical and coherent with our constitution. First, in order to work effectively, the determination of matters of genocide needs to be practical and follow established methods. As a result, it is perfectly reasonable for the judgment to rest with the competent courts, which include domestic criminal courts and relevant international courts, rather than Governments or non-judicial bodies. We all support the objective of upholding human rights; it is a question of how we best achieve that in practice.

As my right hon. Friend the Member for Chelsea and Fulham (Greg Hands) has already stated, the Government have listened and given an assurance that Parliament and Select Committee Chairs will be part of the process to establish new joint committees or sub-committees or to bring in the expertise of former members of the judiciary. Amendments proposed by the other place, however, would apply a wrecking ball and enable the High Court to fundamentally challenge the royal prerogative. In my view, such a move would undermine our confidence in Parliament.

Brexit was about strengthening the voice that Parliament has. This Bill and the amendment from my hon. Friend the Member for Bromley and Chislehurst (Sir Robert Neill) give a clear role for Parliament to act quickly and decisively in human rights situations, while also seizing the new global opportunities ahead.