Myanmar

Baroness Northover Excerpts

Thursday 11th February 2021 Lords Chamber

[Lord Collins of Highbury (Lab)]

My Lords, this appalling action by Myanmar’s military leaders represents a flagrant breach of the country’s constitution and fundamentally undermines the democratic right of its people to determine their own future.

In the week since this Statement was first made, we have seen the people of Myanmar take to the streets to demand democracy. The police are now using rubber bullets, tear gas and water cannons against these peaceful protesters. Many of those brave people have tweeted their own experiences, which I have seen. On the subject of social media, I hope that the Government will look again at how the UK’s CDC has been investing in Myanmar telecoms companies that have been complying with the country’s government-ordered repression and blockages of internet sites. They are now, of course, being used by the military in the coup.

As the military acts on its warning of violent response, the UK is the penholder of Myanmar at the Security Council and has a responsibility to stand up for democracy and against the coup. I welcome the speedy action in convening the UN Security Council and the consensus in calling for democracy, freedom and human rights. However, those words must now be built upon. Can the Minister confirm whether the UK intends to bring forward further resolutions to the council?

Yesterday, President Biden issued an executive order enabling his Administration to immediately sanction the military leaders who directed the coup, their business interests, as well as close family members. The first round of targets would be identified this week and steps were being taken to prevent the generals having access to $1 billion of Myanmar government funds held in the US, which will also impose strong export controls and freeze US assets that benefit the Myanmar Government, while at the same time maintaining support for healthcare, civil society groups and other areas that benefit the people of Myanmar directly. About an hour ago, I saw Dominic Raab’s tweet welcoming President Biden’s actions but not committing to following him. What practical steps have the Government taken to mirror and support our US ally in its actions? What are we doing to ensure, as President Biden asked, that other allies back those sorts of actions?

Across the UN system, there is much more that the UK can do to hold the Myanmar military to account. At the International Court of Justice, the UK Government, unlike Canada and the Netherlands, have refused to join the genocide case brought by the Government of Gambia against Myanmar, which would have raised international awareness of that crucial issue. In recent days, the UN special rapporteur on human rights in Myanmar has called for a special session of the Human Rights Council. Does the UK intend to pursue such a session by utilising our seat on the council? Given concerns that the military is following through with its threats of a violent response to the peaceful demonstrations, can the Minister say how we will work with our allies to analyse the reports from those protests to ensure that the international community can most effectively respond to any such repression and hold those people responsible to account?

This House will be aware that there was a leaked FCDO assessment this week showing that the Government are concerned by the prospect of violence in Myanmar. As the UN penholder and president of the Security Council, it falls to the UK to lead. I hope that the noble Lord the Minister will outline a comprehensive strategy today for confronting the intolerable actions of the Myanmar military.

[Baroness Northover (LD)]

My Lords, I thank the noble Lord the Minister for bringing this Statement to the House.

It is, indeed, extremely concerning that once again the military has taken over Myanmar. The military says that this is because of irregularities in the elections, even though, as the Government and others have said, there is no evidence of significant problems in an election that delivered an overwhelming majority to the civilian Government. Once again, we see the damage done when, in liberal democracies, leaders say that elections in their own territories are fraudulent, when there is no evidence of that, or they seek to break international law, even in a “limited way”. We need to rebuild respect for the rule of law globally.

The Government are right to say that this coup threatens Myanmar’s recent progress. There have been widespread demonstrations and we are beginning to see the army take more aggressive action, for example with the use of rubber bullets and, it seems, live rounds. A couple of days ago a woman was shot in the head and critically injured. Can the noble Lord update us on how the Government see the perceived risk of army brutality being unleashed on the protestors? Do the Government think that the military leaders in Myanmar are confident that their army will fully support them, given such widespread opposition, especially among young people? We hear that some police have crossed over to join the protestors. Now we hear of a draconian new cybersecurity law being fast-tracked, which would force internet and mobile phone providers to share their user data, which is extremely worrying. Can the noble Lord comment?

Can the Minister also comment on what role China is playing in Myanmar, following on from what the noble Lord, Lord Collins, asked? It is perhaps not surprising that China blocked action in the UN Security Council but I am glad, as the noble Lord said, that the UK took that action. Popular protest is not something that the Chinese Government could easily condone but we gather that they are playing a more significant role in Myanmar, which they jealously guard as “their” neighbourhood.

What is happening on the Thai border? What is the attitude of the Thai Government—also under great pressure—with protests again authoritarianism there? We will need to work proactively with others if we are to help to protect the many demonstrators from a brutal crackdown.

One key recommendation is that we should work with others to sanction military companies. The military earns a great deal from its businesses; this has funded its attacks, including this coup. The UN fact-finding mission had already recommended that sanctions be put on military companies even before this coup. I am aware that the UK put Magnitsky sanctions on 16 individuals in the Myanmar security forces. However, these freeze assets in the UK, which they do not have. I realise that these sanctions may send a warning to others in the region—they are important in that regard—but, in this case, they are not very effective in the case of Myanmar. Surely the Government, as president of the UN Security Council and the G7, should lead the way in terms of a widespread arms embargo on Myanmar. What are we doing, for example with our EU allies and others, on this or other strategies?

The US has just placed sanctions on those who led the coup. Is the UK engaging with the US on how to make such sanctions as effective as possible? Do the US plans include military companies? The asset freeze announced by the US on Myanmar Government assets in the US certainly sends a strong signal that this regime is illegitimate.

In addition, the UK should formally join the ICJ genocide case in The Hague; here, I agree with the noble Lord, Lord Collins. Can the Minister update us on that? The Government have said that they are considering it. Now is surely the time to do so.

Can the Minister also comment on the very vulnerable Rohingya and other minorities in this situation? What emerged from his discussions with the Bangladeshi Government last week? What preparations are being made in case of an increased outflow of refugees? We do not want borders closed, as we saw before, but we recognise Bangladesh’s need and that the refugees need to be properly supported. As the Minister knows, more than 1 million Rohingya refugees have fled Myanmar over the past few years.

The military leaders in Myanmar’s brutal assault against the Rohingya were described by the UN as a

“textbook example of ethnic cleansing”.

We cannot stand by and allow further such crimes to follow this coup. Can the Minister tell us what effect the Government’s decision to cut the aid budget will have on their ability to sustain the level of humanitarian and development funding that has gone to Myanmar and is for the Rohingya refugees?

In this very worrying situation, I look forward to the Minister’s response.

[The Minister of State, Foreign, Commonwealth and Development Office (Lord Ahmad of Wimbledon) (Con)]

My Lords, first, I thank the noble Lord, Lord Collins, and the noble Baroness, Lady Northover, for their contributions. They rightly raised a series of issues, which I will seek to address.

In her remarks, the noble Baroness asked for an assessment of the current situation. As the noble Lord, Lord Collins, also noted, it is a week since we last discussed this matter. Let me assure both of them and your Lordships that we have been not just monitoring but acting. Clearly, the situation over the weekend of 6 and 7 February saw large-scale protests; the noble Baroness rightly pointed to the scale of them in both Naypyidaw and Yangon. Notably, we have seen largely—I use that word deliberately but carefully—peaceful protests.

The noble Baroness is quite right to note that, in many instances, the police have been restrained when many people perhaps expected otherwise. However, as the noble Baroness and the noble Lord said, we are concerned by further reports of crackdowns on protestors in Naypyidaw on 9 February, including, as the noble Lord noted, the firing of rubber bullets and the use of water cannons. It remains unclear whether the security forces discharged live rounds, although that was being reported. When I looked into this, I came across a particularly shocking case where, as has been widely reported, a lady was shot in the head.

On the noble Baroness’s point about the cybersecurity law, I, too, have heard about proposed actions in that respect. She will have noted the internet blackouts that have taken place; we are concerned about these as they have made the flow of information in and out of the country that much more challenging. We are clear that internet services must be maintained and freedom of expression protected.

In that regard, I want to pick up on the point rightly made by the noble Lord, Lord Collins, about the CDC. The CDC carries out due diligence for every investment it makes, including in its contract with Frontiir. The investment was made to ensure low-cost internet availability and focused primarily on key areas, including Yangon. In March, there was a Myanmar Government directive to all ISP providers to block websites, which Frontiir and others have followed. Of course, the UK has taken a number of steps over the censorship of websites, but I note carefully what the noble Lord said in this respect. It is part of our strategy to ensure that the internet is restored at the earliest possible opportunity. I would also add that the investment was made with the good intent of providing the most vulnerable people with internet access.

The noble Baroness and the noble Lord rightly mentioned the recent announcement from President Biden and his Administration. Indeed, my right honourable friend the Foreign Secretary tweeted this morning about our support for the actions taken. I know that if I were sitting on the other side of the Dispatch Box, I would find this frustrating at times, but let me say that we are looking actively at all the tools at our disposal.

The noble Baroness, Lady Northover, rightly noted the 16 sanctions. To put that in context, 14 of them have been directly rolled over and become applicable in UK law; this is part of what we led on with the EU. There were another two, most notably against the current commander-in-chief of the army and his deputy. They were part of the first tranche of global human rights sanctions that we introduced, and will also stay in place. The noble Baroness mentioned the UN fact-finding mission. Six specific individuals were named in it, and I assure her that all of them are part of the UK’s current sanctions regime.

I note the point made in the context of both individuals and other organisations and firms. All I can say at this juncture is that we are of course looking at the actions of the United States. I come back to the point that this requires co-ordination. While signals may be sent, as I have said repeatedly—I know that the noble Baroness and the noble Lord share my views on this—it is when we act in conjunction with others that we see the best benefit against those we seek to target.

The noble Lord, Lord Collins, asked what actions the UK has taken. He rightly pointed out that we are penholders, particularly on the issue of the Rohingya. However, we are also the current president of the UN Security Council. In this regard, we convened a specific meeting on 4 February. I totally concur with the noble Baroness’s assessment of the importance of China’s role, not just in the current crisis but in terms of the continuing challenge of the situation and suffering of the Rohingya community. China has an important role to play. Through our bilateral engagement and engagement at the UN Security Council, we continually remind China of its important role in this respect. It was notable that, although there was no resolution, a statement was issued by the UN Security Council on the worrying nature of the events and military coup in Myanmar. We will continue to look at the situation during our presidency for the remainder of the month.

The noble Lord and the noble Baroness asked about the actions that we have taken, including at the UN Human Rights Council. Again, I, as the Human Rights Minister, have prioritised this. Together with our European Union colleagues—I somewhat expected the noble Baroness to ask me about the EU, but I will proactively provide her with this information—we worked at the Human Rights Council and will convene a meeting tomorrow on the situation. Of course, we are formal members of the Human Rights Council as well.

On action by the International Court of Justice, which the noble Lord, Lord Collins, and the noble Baroness, Lady Northover, referred to, we are supportive of the Gambia’s action. To put the UK’s formal intervention into context, we are looking at that. A number of countries have stated their intention to intervene but are yet to do so. There is a structured process at the ICJ, part of which is for Myanmar to come back on what has been levied against it by the Gambia and others. I believe that Myanmar has responded, while the other countries which have said that they will formally intervene are now considering their position, as will we, to see when a formal intervention, which we would support, would be best suited to give greater credence to the role of the ICJ in this respect.

I hope I have responded to some of the specifics put to me. The noble Lord, Lord Collins, and the noble Baroness, Lady Northover, will appreciate that we are engaging on this issue proactively across our roles, including in the G7. They will both have noticed that on 3 February we issued a statement as part of the G7. We are using our role at the UN Security Council and the Human Rights Council. I would add one further piece of information. Through our ambassador, we have also attended a briefing with the military-appointed Foreign Minister. We used the occasion to communicate directly to that representative of the current military leaders of Myanmar who are in charge our unequivocal condemnation of the coup.

We join all countries in calling for the release of those who been arbitrarily detained, not least Aung San Suu Kyi. I shall pick up the point about elections raised by the noble Baroness. As we all know, some of these elections are not the most perfect one could imagine. Nevertheless, there were external observers, and it is not for the Myanmar military to call them into question, given the general reports. Putting the disenfranchisement of the Rohingya people to one side, others in the country participated fully and the result was conclusive. I can assure the noble Baroness and the noble Lord that, through engagements beyond the Chamber, I will continue to update them both about the ongoing situation and will seek to provide briefings in a timely manner.

Beijing Winter Olympic Games 2022

Baroness Northover Excerpts

Wednesday 10th February 2021 Lords Chamber

[Lord Ahmad of Wimbledon (Con)]

My Lords, I cannot answer the noble Lord’s final point; that would require various decisions at different organisational levels, not just by Her Majesty’s Government. On his initial point, I referred to ministerial attendance and, of course, we work with all attendees, including diplomats and the royal household, on future attendances. I note what the noble Lord said, but I cannot go further than that.

[Baroness Northover (LD)]

Is the noble Lord aware that China has apparently threatened the United Kingdom with sanctions in response to even considering a boycott? Therefore, we can see how important the 2022 Winter Olympic Games are to China’s global reputation. Will the Government be keeping any participation at these Games under close review?

[Lord Ahmad of Wimbledon (Con)]

My Lords, as I said in my original Answer, participation will very much be a question for the national Olympic committee itself. What I can say is that there have been no decisions made about ministerial attendance—although I would add that, with the recent challenges we have faced, not many decisions have been made about ministerial attendance in various parts of the world. But I hear what the noble Baroness says.

Bank for International Settlements (Immunities and Privileges) Order 2021

Baroness Northover Excerpts

Wednesday 10th February 2021 Grand Committee

[Baroness Northover (LD) [V]]

My Lords, I welcome this statutory instrument and thank the Minister for introducing it. I realise that this is an administrative matter, so that this hub can be set up here with the relevant immunities and privileges required, although I note some of the concerns that other noble Lords have expressed. I am sure that the noble Lord, Lord Kirkhope, is right: if we can offer all these advantages then we should surely be offering due regard to the EU ambassador. I look forward to the Minister’s update on that.

Like other noble Lords, I welcome the fact that the Bank of England has made this successful bid to host the Bank for International Settlements innovation hub in the United Kingdom. As the Minister said, the BIS is an international financial institution, headquartered in Basel, assisting central banks in the interests of global monetary and financial stability. As the Explanatory Notes say, the main activities are supporting discussion between central banks, producing research, and assisting central banks’ financial operations. I noted that its membership currently includes 62 central banks and monetary authorities from both advanced and developing economies. That is not every central bank of course, as the noble Lord, Lord Kirkhope, noted. I would be very interested in seeing which countries are involved, and which are not. When DfID existed, did we encourage central banks in countries that we supported, for example in Africa, to join this? I would certainly hope so.

We certainly know how important financial co-ordination is, not least from the global effect of the 2008 financial crisis. We face new challenges now, with the economic effects worldwide of coronavirus and the speeding up of the adoption of new technology. New technology has often leap-frogged in Africa, not least with mobile money, from M-Pesa onwards, and it is vital that there are global discussions which help to underpin financial stability.

We now have cryptocurrencies moving fast, particularly in developing countries, and we know the risk here and how they may conceal corrupt payments. The noble Baroness, Lady Wheatcroft, is surely right that they need to be regulated. There are many new challenges.

I note that the hub states that it aims, among other things, to act as a focal point for sharing best practices with regulators in developing countries. Can the Minister say how that information will be disseminated? It was an irony of the Brexit discussions, as many have noted, that fishing played a large part but our financial sector so small a part in the discussions. Given that the Minister has just stated that the fintech sector alone is worth nearly £11 billion a year to the UK economy and that the UK is indeed a world leader in this area, that was astonishing. The DIT has just held a UK-Africa fintech summit, at which the noble Lord, Lord Grimstone, noted that

“the financial services sector is a key primary driver of a nation’s economy. There is a strong correlation between economic development and the depth of their financial and professional services sector.”

Indeed so.

I note that there are two BIS representative offices, one in Hong Kong and one in Mexico. Can the Minister tell us whether the one in Hong Kong looks secure in current circumstances? I also note that, between 2020 and 2022, it is planned that centres will open not only in London but in Toronto, Frankfurt, Paris and Stockholm, and that they will form a strategic partnership with the Federal Reserve in New York. What are the implications for London of those other European centres? How will that work?

The Governor of the Bank of England, Andrew Bailey, said in relation to this hub:

“Now more than ever it is important the central banking community does all it can to build a more effective, resilient and inclusive financial system, and technology is an important part of that effort.”


He argues that the hub will provide

“an important venue to ensure the UK’s deep expertise in innovation can contribute to solving global financial issues.”

We all certainly hope that this expertise will continue to develop for the economic future of the United Kingdom.

I come to the immigration provisions in perhaps an opposite way from the noble Baroness, Lady Wheatcroft. Can the Minister assure me that there will not be restrictions on who might be recruited to work at this hub, and that it will not be affected by the new Immigration Rules, which will have such a damaging effect on being able to attract technical support from EU citizens whose salaries may not be above the requisite level? I hope that the UK will become more responsive to the rest of the City of London and elsewhere in our economy in our being able to attract people in whose salaries may be below the levels we are stipulating.

I certainly hope that this new hub prospers and I look forward to the Minister’s response.

Overseas Territories: Humanitarian and Disaster Relief

Baroness Northover Excerpts

Tuesday 9th February 2021 Lords Chamber

[Lord Ahmad of Wimbledon (Con)]

My Lords, I can assure the noble Lord that we have sufficient resources, in respect of both the military operations and the support. I have myself seen the strength of having military assets within the territories during and in the aftermath of such hurricanes. We all remember RFA “Mounts Bay” playing a sterling role as first responder. I assure him that, together with our military assets and the other investments we have made, we stand ready to support our territories within the region.

[Baroness Northover (LD)]

My Lords, as the Minister himself has admitted, the Government reacted too slowly to the devastating 2017 hurricanes in the Caribbean. In 2018, the Government, including the noble Lord, Lord Lancaster, announced that they hoped to secure multinational co-ordination in the region. What progress has been made?

[Lord Ahmad of Wimbledon (Con)]

My Lords, I will look at Hansard—I do not think I admitted to that. What I did say was that we had to respond afterwards; we had assets in the region. I am sure the noble Baroness will recall that we were among the first countries to react and work with key regional partners. I can assure her that we have been investing and working with regional partners. The multinational co-ordination cell of the Caribbean is a UK concept, and we are working with key partners from the United States and France and the Netherlands and Canadian militaries to co-ordinate a large-scale response if indeed the tragedy of hurricanes should hit again.

Tigray

Baroness Northover Excerpts

Monday 8th February 2021 Lords Chamber

[Lord Ahmad of Wimbledon (Con)]

My Lords, I can assure the noble Baroness that we are focused very much on ensuring that the most vulnerable are supported in this conflict, particularly those in Tigray, and our funding—whether through multilateral or bilateral support—is focused on that. On the specifics of future funding, we are currently reviewing our ODA budget for this year, and I will, of course, share that with my noble friend as soon as that decision is made.

[Baroness Northover (LD)]

My Lords, the BBC reports that an immense tragedy is unfolding in Tigray. Has anyone from the British embassy, other members of the diplomatic community or one of the four African Union special envoys been able to visit Tigray to make an independent assessment of the situation? Do the UK Government have firm evidence of the involvement of Eritrean forces in Tigray?

[Lord Ahmad of Wimbledon (Con)]

My Lords, on the noble Baroness’s final point, we need to ensure that all the facts are fully available before any assessment is made, but undoubtedly the Eritrean forces have been present. We continue to call for full cessation and the allowing of humanitarian access. That is why we have continued to emphasise that some NGOs are operational, specifically in Tigray. When the Foreign Secretary visited Ethiopia, he called for unfettered access into the region. I will continue to update the noble Baroness as further details unfold.

Sanctions (EU Exit) (Miscellaneous Amendments) (No. 4) Regulations 2020

Baroness Northover Excerpts

Monday 8th February 2021 Grand Committee

[Baroness Northover (LD)]

I thank the Minister for laying these sanctions provisions before us. From these Benches, we support them—as far as they go. As he said, most come straight out of the EU regimes.

He rightly pointed out that the United Kingdom played a large part in shaping the EU’s approach. He will know therefore that we regret having left the EU, because sanctions are most effective when applied jointly and because we took a leading role in the EU and have withdrawn that influence. I note, for example, that the EU seems more reluctant than when we were integral to its thinking to place sanctions against Russian individuals in the light of the poisoning of Alexei Navalny and now his imprisonment.

I welcome the sanctions in relation to Bosnia and Herzegovina. We have just marked Holocaust Memorial Day, when we remember not only the Nazi Holocaust but later genocides such as that in Bosnia, to which the noble Lord, Lord Bourne, referred—I thank him for his reference to my noble friend Lord Ashdown. It is encouraging that some programme of reform may be brought to the Balkans as they seek to join the EU recognising its enormous benefits—something which, ironically, we are encouraging.

The pressure of sanctions on Burundi, Guinea and Nicaragua, to encourage respect for democracy, the rule of law and human rights, is important given the ongoing challenges to those, but my noble friend Lord Chidgey challenged us on whether those sanctions were adequate; for example, in Guinea. My noble friend Lord Oates did the same in relation to the effectiveness of sanctions in Zimbabwe. He was surely right that they can be but one tool and that far more extensive engagement is required.

We are becoming acutely aware of how cyberactivities can undermine democratic and economic systems. I am sure the integrated review will address this threat to our country. When is that now expected?

The sanctions relating to the misappropriation of state funds from a country outside the United Kingdom establish a single thematic regime rather than geographic regimes, as the EU specified. As the Minister said, corruption undermines development. Can he update us on how a corruption sanctions regime can now be added, which the Government have said they wish to do? Is he sure that a thematic, rather than geographic, spread will be as effective?

On the sanctions relating unauthorised drilling activities in the eastern Mediterranean, the Minister did not say so in his introduction, but it is very clear from the Explanatory Notes that these relate to the troubling involvement of Turkey in this matter. This area of the world has enough tensions and instability without this becoming a further one. As the Minister said, Cyprus’ oil and gas should be used for the benefit of Cypriots. The involvement here of Turkey is very risky. However, I have some sympathy with the view of the noble Lords, Lord Northbrook and Lord Balfe, that it would have been far better to have achieved a settlement of the Cyprus dispute before it joined the EU. It is therefore vital that all Cypriots, from north or south, should potentially benefit. Our leaving the EU risks making it even more difficult to secure a long-term resolution in Cyprus.

On the miscellaneous amendments regulations, the Minister needs to assure us that we are not deviating from what was agreed when we were in the EU. I am rather sceptical about avoiding an apparent double effect with the Crown dependencies and overseas territories. I do not see any concern about their being covered twice by the same provisions. What is the possible down side of that? Can he assure us that they are indeed fully covered by these regulations? The noble Lord, Lord Foulkes, and my noble friend Lord Oates, expressed their own strong concerns. Funds have often directed through some of those territories. There is a sense of the regulations addressing long-standing problems, but it is clear that they need to be updated.

In terms of updating, we still see no sanctions in relation to the Uighurs. We welcomed the global human rights, or Magnitsky, sanctions. The legal opinion announced this morning that acts being carried out in Xinjiang amount to crimes against humanity and genocide bears this out. The Minister will not say whether the Government are considering such sanctions, but we are all watching.

What about going further in Myanmar in the light of the military coup there? The noble Baroness, Lady Ritchie, and others asked about that. What of Ethiopia and Tigray now? I ask the Minister, as I have before: can there be some independent assessment of what sanctions need to be applied, and where? A number of noble Lords have questioned their direction and effectiveness.

In the previous session that we had on arrangements carried over from the EU it turned out that on some conflict minerals, for example, the UK had failed to put in place all that was required in Northern Ireland, as it sat within the EU single market and customs union. Has that now been rectified and have we adequately addressed the different position of Northern Ireland here? I look forward to the Minister’s reply.

Burma: Military Coup

Baroness Northover Excerpts

Tuesday 2nd February 2021 Lords Chamber

[Lord Ahmad of Wimbledon (Con)]

My Lords, let me assure the noble Baroness that we are working closely with our allies, including the United States, in this respect. I have already outlined the first action that we have taken as president of the UN Security Council. On the issue of the international arms embargo in Myanmar, let me also assure the noble Baroness that, at the end of the transition period, the specific restrictions that applied as part of our membership of the EU were rolled forward into domestic law. Of course we will consider any further action that needs to be taken in this respect.

[Baroness Northover (LD)]

My Lords, the military coup in Myanmar is hugely worrying, so can the noble Lord say more about how the Government are building a coalition of countries willing to impose embargos, as others have mentioned, and sanctions, and also protection for the Rohingya, who will now be in even greater danger, including by joining the genocide case at the International Court of Justice?

[Lord Ahmad of Wimbledon (Con)]

My Lords, on the noble Baroness’s final point, of course we are very supportive of the action at the ICJ, and we are looking at the situation of a formal intervention. Myanmar was supposed to come back in January, I believe, with its challenge to the action. We have not yet been formally been told of that, but I understand that it has been put in by Myanmar. In terms of international coalitions and actions, as I have already alluded to, we are working with international partners and directly with the Myanmar Government—yesterday my honourable friend the Minister for Asia summoned the Myanmar ambassador to convey the sentiments that I expressed in my original Answer.

Alexei Navalny

Baroness Northover Excerpts

Thursday 28th January 2021 Lords Chamber

[The Minister of State, Foreign, Commonwealth and Development Office (Lord Ahmad of Wimbledon) (Con)]

My Lords, I am sure that I speak for all noble Lords when I join the noble Lord, Lord Collins, in commending the courage of what we have seen, not just in Moscow but around Russia, in support of Mr Navalny and his early and immediate release from detention. In response to the noble Lord’s question, the Russia report remains a key priority, as I said in your Lordships’ House last week. Our response was issued on the day. In addition to what the noble Lord mentioned, legislation will also enable security services and law enforcement agencies, for example, to tackle early threats of hostile activity. The National Crime Agency offences to criminalise harmful activity will be strengthened. As I said last week, we are reviewing visas in tier 1 issued before 2015. We will be working on the legislative timetable through the usual channels.

On sanctions, the noble Lord will be aware that we have already sanctioned one organisation and six individuals on the issue of the poisoning of Mr Navalny. On the issue of future designations, we will look at egregious abuses of human rights. As the noble Lord is aware, we are currently looking at corruption. We will be looking to see how we can broaden the scope of the sanctions regime in the near future.

[Baroness Northover (LD)]

My Lords, I too pay tribute to Mr Navalny and the other courageous protesters. The noble Lord rightly said that sanctions are most effective when a number of countries jointly implement them. What joint action are they taking with the EU on sanctions in this appalling case, especially given that Mr Navalny was diagnosed in Germany as having been poisoned with Novichok? Does the Minister agree that it would help such joint working with the whole of the EU if the Government recognised the EU envoy as an ambassador?

EU Ambassador to the UK: Diplomatic Status

Baroness Northover Excerpts

Monday 25th January 2021 Lords Chamber

[Lord Ahmad of Wimbledon (Con)]

My Lords, it is not for me to answer about what other countries offer the EU in terms of privileges and immunities. I can confirm that the EU delegation has the necessary privileges and immunities to enable it to carry out its work in the UK effectively. As I said—noble Lords will acknowledge that this is one of those occasions where I am, in general, repeating the key message I seek to deliver—we are currently live in negotiations with the European Union on this very issue. In no manner should I pre-empt the outcomes of those important discussions.

[Baroness Northover (LD)]

My Lords, I detect an imminent U-turn. As the Minister knows, the UK has worked very closely with EU ambassadors in many countries to make sure that approaches are agreed and pressure is as effective as possible. Will the UK no longer recognise them as ambassadors, further weakening the UK’s ability to muster support for common approaches on issues, including human rights, an area for which he has personal responsibility?

[Lord Ahmad of Wimbledon (Con)]

My Lords, I assure the noble Baroness that we will continue to work with EU representatives across the world, as well as the EU directly, on important priorities and our shared values, including human rights.

Xinjiang: Forced Labour

Baroness Northover Excerpts

Tuesday 19th January 2021 Lords Chamber

[Lord Collins of Highbury (Lab)]

My Lords, the serious human rights violations in Xinjiang are of enormous concern across all sides of this House. I welcome the Statement and the Government’s recognition of the need for the UK to act. However, it is disappointing that, once again, the Government have been unable to bring forward proposals for sanctions against those responsible for the abuses. We in this House have repeatedly asked whether they will apply Magnitsky-style sanctions to officials involved in the persecution of the Uighur Muslims, only to be told that they will not provide a running commentary on the designation of sanctions. The evidence of slave labour, in addition to forced detention and other serious abuses, is overwhelming. So, in the absence of such a proposal, can the Minister at least confirm whether discussions with global allies are taking place to prepare for sanctions like those already authorised by the US?

On the measures in the Statement, first, the Government have announced guidance to UK businesses on the specific risks faced by companies with links to Xinjiang. Such guidance is welcome but, unless it is legally enforceable, there may regrettably be some who do not feel the compulsion to comply. What representations has the Minister made to British companies that have supply chains running through the province, particularly those in the apparel industry? Considering that the European Union will introduce legislation next year on due diligence, does the Minister believe that such guidance should be legally enforceable?

Secondly, on changes to the operation of the Modern Slavery Act, I appreciate that the Foreign Secretary acknowledged that the Act is not working, and the proposed changes are welcome. Can the Minister indicate when we can expect the necessary legislation to be laid before Parliament, and will the affirmative procedure be used to allow both Houses to consider it in full? I hope that the Government will consider strengthening the Modern Slavery Act with more substantive changes; for example, Section 54 applies only to large companies with a turnover above £36 million. Do the Government intend to broaden the scope of the provisions?

Thirdly, on the guidance, is the Minister able to confirm that he is confident that this guidance alone is sufficient at this stage—or whether the Government intend to introduce necessary legislation to hold to account those who act against such guidance?

Finally, on the review of export controls, I warmly welcome this step. The Minister will be aware of the amendment to the Trade Bill, in my name and those of the noble Lords, Lord Purvis and Lord Alton, and the right reverend Prelate the Bishop of St Albans; that amendment is, of course, being considered by the Commons as I speak. Whatever the outcome of the Commons’ consideration of those amendments, I hope that the noble Lord will be able to explain tonight how the Government will ensure future trade agreements will not contribute to human rights abuses such as those in Xinjiang. The best way is to give Parliament proper opportunity to scrutinise, which it has not had with the rollover agreements we have seen since Brexit.

Whatever action we take must involve like-minded international partners. It is now over a year since the Government called for United Nations observers to be given “immediate and unfettered access” to Xinjiang to verify claims, and the Government of China continue to refuse. Can the noble Lord set out what steps the United Kingdom will take at the UN, including at the Human Rights Council, to hold the Government of China to account? What steps are being taken to support the appointment of a UN special rapporteur for the investigation of forced labour and ethnic persecution in Xinjiang?

In addition to the UN, there is the G7 in June of this year, which the UK is set to host. Can the noble Lord tell the House whether there are any plans to place the horrendous human rights abuse in Xinjiang on that agenda? The human rights violations in Xinjiang have shocked the world in recent months, and it is now time for the world to respond and act.

[Baroness Northover (LD) [V]]

My Lords, I too thank the noble Lord for bringing us this Statement. The Foreign Secretary describes an appalling situation, with which we have become familiar. It is vital that our businesses do not benefit from slave labour in Xinjiang or anywhere else. The possibility of genocide must always be at the forefront of our minds, not least as we come up to Holocaust Memorial Day.

The Commons is indeed currently considering the amendments to the Trade Bill that we sent there. Ministers have been saying that Parliament, not the courts, should decide on genocide in relation to trade agreements. The noble Lord usually says international courts should decide on genocide, but he also admits that this is impossible when it comes to China. Yesterday, in relation to Nagorno-Karabakh, he said that

“it is a long-standing government policy that genocide is a matter for judicial decision rather than for Governments or non-judicial bodies.”—[Official Report, 18/1/21; col. 991.]

That seems in line with the amendment in the Commons. He said, “judicial decision”, not “international judicial decision” or “Parliament”: could he comment?

The Chinese Communist Party has described the forced sterilisation of Uighur women as “emancipation”. The UN convention on genocide clearly forbids this. The noble Lord will know that under the convention, when a state learns, or should have learned, of the serious risk of genocide, it must take action. Is his department making an assessment in relation to the Uighurs, and will he publish its conclusions? Given that China blocks routes to international courts, does he agree that the United Kingdom has a responsibility to find alternative routes to make the legal determination?

The second area I want to ask about, as the noble Lord, Lord Collins did, is the Magnitsky sanctions. The Government always say they keep these under review. The Minister will no doubt say that today, yet the US applies such sanctions in relation to China. Why do we not? The Foreign Secretary noted last week:

“Of course, many countries are nervous in their dealings with China because of its asymmetric economic clout.”—[Official Report, Commons, 12/1/21; col. 173.]


That is indeed so. The noble Lord rightly says that sanctions are most effective when undertaken jointly with others. There are three major economic blocs in the world: the United States, China and the EU. We now have to work that much harder to gain traction among European allies, not just France and Germany, so what progress are the Government making here?

The last area that I want to ask the noble Lord about is in relation to company law. I worked on the Companies Act 2006. We included supply chains. Can the noble Lord explain why neither the Companies Act nor the Modern Slavery Act have proved sufficient here? Clearly, reputation is vital. I noted how quickly companies acted after the Rana Plaza disaster when they realised that their reputations were at stake. What about public procurement? Can we be sure that the PPE that we so anxiously sought during the pandemic did not come from Xinjiang? There were reports of some of it originating in North Korea. Who will monitor and act on the proposed new measures? Which Minister in which department? Will legislation be brought forward as indicated—and, if so, when—to close the loopholes that the Government clearly identify exist in the Companies Act and the Modern Slavery Act?

The European Union, as the noble Lord, Lord Collins, noted, intends to introduce legislation on due diligence, which will be mandatory. Are we working with it so that our standards are at least equivalent? Will this issue be considered at the G7 or D10, or however it is defined, in June? I look forward to hearing the noble Lord’s response and also to the questions and answers from noble Lords who have so much experience in this area.

[The Minister of State, Foreign, Commonwealth and Development Office (Lord Ahmad of Wimbledon) (Con)]

My Lords, I thank the noble Lord, Lord Collins, and the noble Baroness, Lady Northover, for their welcome of the provisions that have been announced. I also reassure them that, as they will have seen, earlier today I was engaging with one of the key NGOs that I speak to on a regular basis on issues of human rights, with a specific focus on Xinjiang.

It is worth just taking a step back. I pay tribute to many in your Lordships’ House and in the other place, as well as other advocates around the world, in seeing where we have got to on this important issue, even over the last three years. There was a time where the issue of Xinjiang and the situation of the Uighurs was not often debated. However, because of the advocacy from across your Lordships’ House and in the other place, there is a real strength and a real momentum behind the actions we have seen in international action, with the United Kingdom working with key partners. We have also had rich debates on various Bills, as well as more generally as we are doing today on specific matters relating to the situation in Xinjiang. I pay tribute to all noble Lords and Members in the other place for their continued not just interest but strong advocacy, for that is what is required.

Picking up on some of the specific questions, first, on the issues raised by the noble Lord, Lord Collins, on guidance and working with businesses, from my own experience of the private sector over 20 years I think that the approach of successive Governments, because of the nature of the environment we work in, has always been to work with business and to offer guidance and structure so businesses can act. This new robust and detailed guidance to UK business sets out quite specific risks faced by companies with links to Xinjiang, underlining the challenges of effective due diligence—a point made by the noble Baroness, Lady Northover, as well. There will be a Minister-led campaign of business engagement—which was a point the noble Lord, Lord Collins, again raised—led by my right honourable friend the Home Secretary with an organised forum called the Business Against Slavery Forum made up of businesses, which I understand my right honourable friend the Foreign Secretary will also attend.

The noble Lord, Lord Collins, also raised sanctions and further designations, as did the noble Baroness, Lady Northover. I have to be consistent with what I said before: we keep the situation under review, across the world, because it is important in the new regime introduced by this Government that we continue to monitor abuses of human rights. I assure noble Lords that we will continue to act.

Answering a point that the noble Baroness raised about acting with key partners, we have carefully noted the action taken by the United States. We worked closely with the European Union during the transition period and, as we have come to the end of that, we will build a new engagement and relationship. As my right honourable friend the Prime Minister said, we want to be the closest ally and friend to the European Union, and we will work together on our shared values agenda.

As I have said—and I stand by this, as it is important for sanctions policy—there is sometimes no necessity for institutional frameworks, as we have seen and demonstrated in our relationships with Australia, Canada and the US. But it is important for relationships to be strengthened further. We will continue to work with all our allies, including the European Union, as we bring forward sanctions, across the world, to ensure that those who abuse human rights are held to account and suffer as a consequence.

The noble Lord, Lord Collins, talked of new legislation and confirmation through the affirmative procedure for some of the changes proposed to the Modern Slavery Act. My right honourable friend the Home Secretary will shortly bring forward details of those changes; these will be discussed through the usual channels. They will include further intent to impose financial penalties on businesses that do not comply with their transparency obligations in this respect.

The noble Baroness, Lady Northover, and the noble Lord, Lord Collins, both raised this issue. I go back to 2015, when my right honourable friend the Member for Maidenhead, Theresa May, was Home Secretary. I remember working directly with her on this ground- breaking Act, when we were spurred on by what was happening in the UK. This was well supported across all parts of your Lordships’ House. It set the premise and basis for actions that we can take today. Other countries, such as Australia, have followed the United Kingdom’s lead. Yes, more work needs to be done and more actions need to be brought, but the steps we are taking on Xinjiang underline our commitment to further strengthening the Modern Slavery Act. It was set up to ensure that we stop supply chains that abuse people’s human rights. We will make full use of and, where necessary, strengthen the provisions of that Act.

I also assure the noble Baroness, Lady Northover, that the Government will provide guidance and extend provisions to support all UK public bodies to use public procurement rules to exclude suppliers where there is sufficient evidence of human rights violations in supply chains. Compliance will be mandatory for central government, non-departmental bodies and executive agencies. We expect this to increase public sector bodies’ ability and willingness to exclude specific suppliers, and we expect increased scrutiny to drive up standards and due diligence. Again, the noble Baroness raised this point on companies supplying the Government.

Both the noble Lord and the noble Baroness raised international co-operation and continued advocacy. The noble Lord, Lord Collins, rightly raised action within the context of UN institutions, particularly the Human Rights Council. I look forward to engaging with him and the noble Baroness on this, as we look forward to the next Human Rights Council. The United Kingdom returns as a member, but it is also notable to see China returning. I assure your Lordships that we will focus on our agenda as we did at the previous Human Rights Council; our item 4 statement was specifically just on the issue in Xinjiang and Hong Kong. We will continue to retain focus and build momentum. We have seen success, as all noble Lords know, in the UN third committee, where 39 members, building on the 28 in June, supported our statement on the situation in both Xinjiang and Hong Kong.

On the G7 agenda, which was raised by both the noble Lord, Lord Collins, and the noble Baroness, Lady Northover, obviously we are working through the importance of the agenda. The Prime Minister recently announced that he himself will be hosting the G7 leaders in Cornwall, and of course the Foreign Secretary will be convening a meeting of G7 Foreign Ministers. As my right honourable friend the Foreign Secretary has said, the importance of the values agenda and of defending human rights will very much be factored into our thinking. As we are able to share some of the specifics of that agenda, I will of course do so.