draft Immigration (Persons Designated under Sanctions Regulations) (EU Exit) REGULATIONS 2020

Chris Elmore Excerpts

Tuesday 15th September 2020 General Committees

[Chris Elmore (Ogmore) (Lab)]

It is a pleasure to serve under your chairmanship, Mrs Cummins, for the first time after your many distinguished years in the Opposition Whips Office. I thank the Minister for his explanation of the regulations and for his understanding that my hon. Friend the Member for Halifax is unable to travel to Westminster to be here because a member of her household is awaiting covid test results. I say to the Minister that I might be lonely on the Opposition side of this Committee, but Labour Whips are never lonely, as Mrs Cummins knows.

The official Opposition welcome the regulations, which seek to ensure clarity when considering the human rights or protection claims of those subject to travel bans and sanctions under the Sanctions and Anti-Money Laundering Act 2018. We support the continued commitment of the UK to remain a resolute and robust actor against human rights abuses perpetrated by states and entities as legislated under the Act.

Given the seriousness of the alleged crimes of some of those subject to recent asset freezes and travel bans, including high-ranking Myanmar generals involved in the heinous crimes committed against the Rohingya population and Russian nationals involved in the death of Sergei Magnitsky, it is important that we can and do apply those sanctions.

However, as the Minister said, it is also crucial that domestic sanctions do not undermine fundamental rights or interfere with our obligations under the refugee convention. We recognise that such cases are likely to be limited in number, but it is vital that we delineate the process for legal challenge and clearly set out the boundaries, so that we can keep the immigration consequences of the sanction separate from the challenge of the sanction itself. We feel that the draft SI reflects that approach, and we support its aims. We note, however, that the clarity in the SI was asked for, and promised by Ministers, to coincide with the consideration in Committee, in the Lords, of the Sanctions and Anti-Money Laundering Act 2018. It is somewhat overdue.

I simply ask the Minister to confirm that where we have a legal process, as outlined in the regulations, with entirely appropriate and defined roles for legal representatives, those who undertake the work will not be deemed “activist lawyers”, as recently happened to those who simply sought to ensure that there was due diligence, and that legal obligations with respect to immigration cases were upheld by the Home Office. I hope that the Minister can reflect on that point, and I repeat that we will not oppose the regulations.