Financial Assistance to Ukraine Bill

Baroness Anelay of St Johns Excerpts

2nd reading & Committee negatived & 3rd reading
Wednesday 15th January 2025 Lords Chamber

[Baroness Anelay of St Johns (Con)]

My Lords, I strongly welcome the Bill. It gives a clear signal of our continuing commitment to the people of Ukraine and our defence of European security. We are reminded every single day of the appalling impact on Ukraine of President Putin’s illegal and unprovoked invasion.

Today, the Minister has given us a very clear and welcome exposition of the purposes of the Bill. It is quite simply to unlock the UK’s contributions to the G7’s extraordinary revenue acceleration scheme by using the extraordinary profits generated on immobilised Russian sovereign assets held in the EU.

I was interested in paragraph 6 of the Government’s Explanatory Notes for the Bill. That makes it clear that the Government consider that the legal basis for this UK action—and I welcome that—is rooted in EU regulation 2024/2773, which was adopted by the European Parliament and Council of the European Union. Paragraph 6 states:

“This provides a legal basis within the EU for the UK to receive repayments from the ULCM, from the extraordinary profits on the immobilised assets, proportionate to the UK’s contribution to the initial funding for Ukraine provided by the G7 as a whole”.


That contribution was $3 billion. I was just thinking about what my noble friend Lord Blencathra said. When I read this, I found it both intriguing and potentially encouraging for future legal action, and I emphasise “legal”.

Paragraph 14 of that European regulation offers two routes by which the UK, as a post-Brexit third country—in EU parlance—can legally make payments to assist Ukraine. First, it says:

“It should be possible to support the Mechanism by providing extraordinary revenues stemming from the immobilisation of Russian sovereign assets held in relevant jurisdictions other than the Union. To that end, it should be possible for third countries or other sources to contribute to the mechanism”—


so far, so good indeed. Secondly, it says:

“Furthermore, it should be possible for third countries to directly use extraordinary revenues stemming from the immobilisation of Russian sovereign assets within their jurisdiction to reduce the repayment needs of any respective bilateral loan provided to Ukraine, thereby supporting the Mechanism by reducing the total level of support that would be required for that loan”.


My question, therefore, is: can the Minister confirm today—just for clarity for the House—which of those two avenues has been adopted? I appreciate that we are following an absolutely legal route.

Of course, I welcome the fact, as the Minister explained earlier, that we are using the contribution that we are making for improving even further our contribution to the military needs that Ukraine has to defend itself. I welcome everything he said in that regard. Like my noble friend Lord Blencathra, I am tempted now—and I go beyond temptation—to range a little more widely. I am grateful to the Minister for giving such a very clear explanation and for adding—as was alluded to by the mention of the comments of the Minister in the other place—that the Government were open to other options, subject to genuine conditions about legality. Of course, I hope that if an agreement were to be reached within the G7 in the future that said that the Russian sovereign assets themselves could be seized and used to assist Ukraine, that might provide a legal basis on which we could then fulfil what my noble friend has put down in his amendment to the Motion today.

I recognise what my noble friend on the Front Bench Lady Neville-Rolfe said about how one has to be very careful and look at the consequences. However, I have in mind the response to a Question that I put to my noble friend Lord Cameron of Chipping Norton— I think that my noble friend knows what is coming—when he gave evidence to the European Affairs Committee just over a year ago. In this regard, I asked him how we could go further and what the Government were doing—this was the Conservative Government in December 2023 —to take some really gutsy action. I got a gutsy answer. He said in response:

“We are in a real fight for the sort of security on our continent that we believe in, and extraordinary times require extraordinary measures, so I am instinctively in favour of trying to do this”—


that is, to get agreement with the G7 to go further. I have to ask the Minister whether he is also “instinctively in favour” of trying to go further—within international law. I always agree with that.

To go a little more widely still, UK Governments, both Conservative and now Labour, have been admirably consistent in their imposition of sanctions on those who support the illegal invasion of Ukraine, either directly or indirectly. In relation to that, I will refer very briefly to the unresolved matter of Mr Abramovich’s delaying tactics to avoid fulfilling the commitment that he made way back in March 2022 to use the £2.5 billion of frozen assets arising from his sale of Chelsea Football Club that he promised in support of Ukraine.

For over a year now I have been asking Ministers in both Conservative and Labour Governments during evidence sessions in the European Affairs Committee why we have had to wait so long and still nothing seems to happen. We do not seem to be able to break through Abramovich’s prevarication and obfuscation and hold him to his promise. The response from Ministers in both Governments has been that they are thoroughly determined—they are on the case, and they want to ensure that the long-promised charitable foundation will be established and deliver funds to those in need in Ukraine, both now and during the reconstruction of the devastation caused in Ukraine by Russia. Can the Minister update us? Is there any progress with this negotiation with Mr Abramovich? If the Minister is not in a position to answer my questions today, I will not try to hold up the debate any longer—I just hope that he will write to me.

I look forward to the noble Baroness, Lady Batters, giving her maiden speech, and I look forward to the Bill getting Royal Assent ASAP and the money reaching those who need the extra-military defence in Ukraine.