(7 years, 11 months ago)
Lords ChamberThe noble Baroness raises a very important point. It is the case that countries which are states parties should, indeed, ensure that those who are indicted by them are then arrested. I was able, as I mentioned a moment ago to the noble and learned Lord, to discuss these wide matters with South Africa. The UK and EU partners have conducted demarches in countries which failed to arrest President Bashir. We agree with the noble Baroness that achieving justice for victims should be at the heart of the international community’s response to mass atrocity violence. It is important that fugitives from international justice do not just get away.
My Lords, the substantive decision of the African Union, as I understand it, was not withdrawal but a call for regionalisation of the ICC. Does the Minister agree that one very important issue that arises about that concerns the consequences of regionalisation and the need to ensure continuation of three principles: first, due process of taking evidence; secondly, penalties meeting an international standard; and thirdly, the ability still to make appeals at a global level?
My Lords, as I mentioned a little while ago, I think there has been a little misreporting or misunderstanding of what was decided at the African Union. However, the noble Lord makes an important point. We welcome initiatives, whether at regional or international level, to support international justice and accountability, so we are willing to listen to all ways that can take us forward. The most appropriate forum for discussion of issues that states may have with the ICC is the Assembly of States Parties, which I have attended in the two years for which I have had the justification, as Minister, for doing so. We make our points very strongly there, both in the forum itself and bilaterally.
(8 years, 4 months ago)
Lords ChamberThe noble Lord makes a very acute observation. I would call upon Iran to make best efforts to avoid doing anything to protract the conflict in Yemen. It is important that in both circumstances Saudi Arabia and Iran are in a position where they make sure that peace can happen. For any country anywhere to carry out a proxy war is something we should deplore.
My Lords, is it not a concern to Her Majesty’s Government that, although in the UN system and so-on ex-President Saleh is not the legitimate Government, the legitimate Government have been attacked? The attacks on the ex-government forces are legitimate, according to the UN system. I am following the noble Lord, Lord Wallace of Saltaire, here. The Statement says it,
“would … not be possible in conflicts to which the UK is not a party”.
Are the Government not concerned that we are thought to have a dog in this fight and that we are on the side of the Saudis?
My Lords, to use the noble Lord’s rather straightforward analogy, we do not see ourselves as a dog in the fight. We see ourselves as the dog in the peace, working through the United Nations to try to achieve peace. The quad met last week, and we are disappointed that it was not possible for peace to be achieved. We are not going to give up on that. We will continue our work through our allies, and particularly through the UN, to achieve what Yemen needs: to be in a position where 80% of its population can feed themselves instead of being in such dire conditions.
(9 years, 2 months ago)
Lords ChamberMy Lords, I am grateful to the noble Baroness, Lady Morgan, for pointing out that this is a probing amendment. She was able to give us enough advance notice of this late-stage amendment to enable us, I hope, to gather together the reassurances that she and others rightly seek. Under charity law, political activity by charities is subject to strict rules. Charities are also subject to requirements of electoral law. My noble friend Lord Hamilton asked for some clarification on what appears to be obfuscation. That is what I hope to do at this stage, because he is right: it is important that the role of charities is clear and respected.
In England and Wales under charity law, a charity may engage in non-party political activity to support its charitable purpose where the trustees consider it to be an effective use of the charity’s resources. One is thereby pursuing the reason why the charity has been set up—what its mission is—but one is not permitted to take part in party-political activity. A charity must never support a political party or candidate, and must always take care to preserve its independence when engaging in any political activity.
Charity law is devolved in Scotland and Northern Ireland, but the rules are similar. There is already guidance for charities on referendums: for example, the Charity Commission for England and Wales published guidance in July 2014 entitled Charities, Elections and Referendums. The Office of the Scottish Charity Regulator published guidance last year ahead of the referendum on Scottish independence. The Charity Commission for Northern Ireland has produced general guidance for charities in Northern Ireland on political activity.
So we have had Charity Commission guidance in England and Wales, and the Scottish Charity Regulator and Northern Ireland Charity Commission have issued guidance. To complete the picture, the Charity Commission for England and Wales has already said that in principle it will be happy to work with the Electoral Commission, the Office of the Scottish Charity Regulator and the Charity Commission for Northern Ireland on this subject. However, it does not believe that there is a need for much additional material given the existing guidance for charities across the UK, some of which I have just referred to.
The Charity Commission for England and Wales and the Electoral Commission are meeting tomorrow to discuss the joint promotion and communication of their guidance in order to promote charities’ awareness and understanding of the rules that apply. I also understand that the UK charity regulators are due to meet later this week, providing a timely opportunity to discuss this issue and consider the potential for collaboration on such guidance. While the provisions of the Bill apply across the UK, we must recognise that charity law is devolved in Scotland and Northern Ireland. We must therefore also respect the independence of the different regulators and their entitlement to reach their own views in particular cases.
Given my explanation about the collaboration that is not just happening normally but is happening now, we do not believe that the amendment is necessary, given the willingness of the Electoral Commission and UK charity regulators to work collaboratively on this specific subject.
I do not think that the noble Baroness intended her amendment to be self-operative, because clearly it will create an unnecessary burden for the regulators, which she does not intend. She asked me to say whether the regulators have demonstrated a willingness to collaborate on guidelines. I say yes, and they are coming up with the evidence for that, as well.
Before the Minister sits down, I am intrigued by whether she is saying that this is a one-off issue of conversation to do with the referendum, or is the word “political” and how it is used by the Charity Commission for England and Wales going to be subject to some new regime?
My Lords, perhaps I can unpack two parts of my response. With regard to the word “political”, clearly there are regulations and guidance that cover political activity across the whole range of what may happen in the United Kingdom, obviously including Scotland and Northern Ireland. So there is therefore a basis on which the regulators and charities work.
I then referred separately to the meetings that are taking place this week, which are looking specifically at the referendum and what it might entail. So we are applying the general to the particular to ensure that the way they collaborate is effective for the particular referendum. I hope that that is helpful.
(9 years, 3 months ago)
Lords ChamberMy Lords, Amendment 24 moved by the noble Lord, Lord Kerr, calls for the Government to set out the relationship that it envisages having with the European Union in the event of a vote to leave. The amendment states that this report would have to be published 12 weeks before the date of the referendum and goes even further than that. It requires the Government to provide detail on the acceptability of hypothetical arrangements from the point of view of the 27 other member states. That seems unrealistic. I have just been listening to the noble Baroness, Lady Morgan, give details of some of the implications of Article 50. Amendment 24 seems to be asking the Government to put the cart before the horse before the horse has even bolted.
My Lords, I am sorry. There will not be many interruptions to the noble Baroness’s speech from the Labour Benches. Is she saying that it is unrealistic to consider the acceptability of this arrangement to every other member state? Does she not accept that that is very important? Indeed, it would be game, set and match if it were the case that not all 27 other member states agreed. Is it not essential to consider how it would be with all those vetoes around the place? If we are not careful, we will be in a very difficult position. She cannot utter that little phrase and have nothing more to say about it. Is it not rather important?
(9 years, 3 months ago)
Lords ChamberMy Lords, I always do my very best to meet those who seek to meet me. I have to say that my attention has been somewhat diverted at the moment by the European Union Referendum Bill. However, I will certainly see what I can do with regard to his request. I am very glad that the noble Lord, Lord Alton, has put on record the work of Zhang Kai, which is significant. He is one of those people whose bravery can only be admired by those of us who see the importance of human rights defenders around the world.
The noble Lord is right: we are extremely concerned about the activity of crosses being removed. We are told that, sometimes, the rationale behind that is that there are planning restrictions, but it seems odd to us. Certainly, detention and disappearance should not be part and parcel of a normal judicial system. Perhaps we will have the opportunity to look at this further when the noble Lord has a Question for Short Debate in the Moses Room about Article 18.
It is important that we continue our discussions on these matters. Last week at the FCO, my right honourable friend Hugo Swire, who has country-specific responsibility for China, met 14 people from the China NGO Network, representing those who have a particular interest in fighting for human rights in China.
My Lords, does the Minister think that one way of responding to the disconnect alluded to by the noble Lord, Lord Wallace of Saltaire, is to say that the deepening of our relations on industrial and such matters reinforces the need and the moral duty to raise human rights issues?
My Lords, I certainly believe that a constructive economic relationship with another country gives one the opportunity to have a stronger voice on why human rights should underpin a stable and responsible government. That voice does not have to be a clarion call; it can be more modest. I am reminded that Tony Blair made the point that,
“ persuasion and dialogue achieve more than confrontation and empty rhetoric”.
I cannot often agree with him, but I do there.