Trade Bill

Baroness Falkner of Margravine Excerpts

Consideration of Commons amendments
Tuesday 23rd February 2021 Lords Chamber

[Baroness Jones of Moulsecoomb (GP)]

I am not sure I have ever said this before, and I do not know if I will say it again, but it is a pleasure to follow the noble Lord, Lord Adonis. He shouts at the Government even more than I do, which I welcome. I agreed with every word he said. It is a credit to the noble Lord, Lord Alton, that he has managed to unite the noble Lords, Lord Blencathra and Lord Adonis. That really is quite remarkable.

In fact, this debate is remarkable. There has been an incredible number of powerful, principled, passionate speeches from all around the House. The noble Lord has united the House on this matter of principle. It shows that this is not about politics. This is not politicking. This is about ethics, morality, having a clear conscience and making sure that we behave as a democracy should, by abhorring genocide and people being murdered, tortured and imprisoned. We really ought to be speaking out on it. This is about operating as an enlightened nation, and quite often I feel we fail at that. Here, we have a chance to put that right.

I would like to say that, when we talk about genocide, we ought to talk as well about ecocide—large-scale environmental destruction and ecological damage. Although it is not as obvious, it is a slow genocide. It drives people away from their land, makes them poor and gives them fewer opportunities and terrible lives. We should accept that we do that sort of damage, and that we do it in virtually every act of our lives. In some way, we impact on our environment and the rest of the world and, by doing that, we can damage the health and well-being of other nations and people who live in the places where we get our food or the minerals for our phones. So we ought to think very carefully about how we operate as individuals and as a nation.

Amendment C3 gives us a route to raise genocide crimes in Parliament and ensure that we do not make dodgy deals with murderous regimes. It also shows effective co-operation between your Lordships’ House and the other place. So I congratulate everyone who has been involved in this, particularly the noble Lord, Lord Alton, who has carried us all along in his wake. He is making it easier for us to do the right thing. Remember that: this is the right thing. This is not about politics; it is about honesty, kindness, generosity and being good people.

Having said all that, I would want to pass something much stronger than this, but I accept it has been tough getting even this far, so I also urge all noble Lords to vote for this amendment.

[Baroness Falkner of Margravine (CB)]

My Lords, it is a difficult day for me to stand up and speak from the perspective I will speak from. I know I will disappoint many in this House, not least my noble friend Lord Alton. Noble Lords will know of my long-standing and academic interest in foreign affairs and human rights. I am, therefore, compelled to revert, I am afraid, to first principles and be the only voice to speak in favour of the Government’s position.

The noble Lord, Lord Alton, passionately believes in two propositions. The first is that the international human rights system is broken, and the second is that we must create a vehicle to punish China in a generic Bill that is intended to define the process by which we scrutinise trade deals. That has been the tenor of most of the speeches we have heard today. I shall briefly set out why, with enormous respect for him, I oppose both approaches.

The noble Lord will know that Lemkin and Lauterpacht did not work on the conventions on genocide and crimes against humanity for their unilateral use. They were designed to be multilateral instruments to protect the international human rights system. That system, largely created by the United Kingdom, is now in its 70s. It is problematic and does not have the tools to deal with violations whereby state parties are themselves major enforcers of the system while carrying out egregious violations. We cannot challenge them due to the mere fact that they sit with us on rule-making bodies such as the United Nations Security Council. The noble Baroness, Lady Kennedy, alluded to that. It is therefore left to the rest of the world to take action jointly and multilaterally. That action is still there for us to take, irrespective of the fact that China sits as a permanent member of the Security Council. It is the route that the Government wish to take; at least, that is my understanding of their intentions.

The noble Lord, Lord Adonis, speaks of the lessons of history being historical. Yes, the lessons of history are usually historical, and today’s system has held for 70 years. There have been violations, which we have heard about in this Chamber. As to the idea that the United Kingdom unilaterally could have done much about them, I cast my mind back to my 40-something years in foreign affairs and remember only one occasion when the United Kingdom was able to intervene unilaterally—a small-scale invasion in Sierra Leone in the early 1990s. It was a brave attempt, which succeeded. However, on the whole, and with some caution, I warn people that if they think that by passing this kind of amendment we are going to be free to stomp the world unilaterally, taking on powers such as China, they need to think again.

My second point, which is about China, demonstrates exactly what is wrong with this debate. In the final analysis, I am unprepared to use generic legislation for specific ends. I refer also to the suggestion of the noble Lord, Lord Adonis, that the judicial committee advocated in the amendment would merely help us to ascertain the facts. Judges are not substitutes for intelligence reports, scrutiny undertaken by our Select Committees or academic scrutiny. We have all heard during the passage of the Bill about the numerous reports of the last three years, not least from the noble Lord, Lord Alton. That is a matter for us. It is a circular argument of the noble Lord, Lord Adonis, whereby the facts show that genocide is happening in China, yet we need a committee to tell us of those facts.

I do not come to this House every day to pass legislation in order to pass on that responsibility to great judges, however learned they may be. These two Houses are the places where the law and changes to it must be deliberated upon and agreed. Each and every one of us carries that responsibility and it should not be outsourced to our colleagues. It is for us, as parliamentarians, to determine these matters for ourselves on the basis of our own intellect and conscience.

The noble Lord, Lord Blencathra, had a good go at the Foreign, Commonwealth & Development Office. As noble Lords can imagine, if one has been involved in foreign affairs for some 40 years, one has seen people come and go. He says that the western world needs to stand up to China. I agree and have been saying so in this House for more than a decade. My first encounter with human rights abuses of the Uighurs in China was in 2004, the same year in which I entered this House, when I found out on a trip to that country what was actually going on. I agree with him that we need to stand up to China, but in doing so, we have no choice. We are a mid-sized power with a mid-sized economy, and our jobs, our people’s human rights, also matter. Not many people recall that human rights also include social and economic rights. Our jobs and our citizens’ human rights are at stake in these debates, particularly if we single out one country for action in a generic Bill. We might do that but it will serve as an impediment to other countries in doing trade deals with us.

If we want to stand up to China, we have no choice but to do it through working with the United States, the European Union, the Commonwealth and all the other strategic powers. Here, I concede that I do not see China as a strategic partner. However, along with other strategic partners, we need to decide how to amend and strengthen the existing global order to make China respect and uphold the values that we wish it to.

[The Deputy Speaker (Lord Duncan of Springbank) (Con)]

My Lords, at this point I must ask if there is anyone else present in the Chamber who wishes to contribute to the debate. No? In which case, I shall call the noble Lord, Lord Purvis of Tweed.