Exiting the European Union (Sanctions)

Helen Goodman Excerpts

Monday 29th April 2019 Commons Chamber

[Helen Goodman (Bishop Auckland) (Lab)]

We do not intend to divide the House on these statutory instruments, because we believe that in the event of a no-deal Brexit it would be right to roll over these sanctions in their current form, which is what we are providing for. However, the papers before us include some detailed descriptions of the sanctions and explanatory memorandums setting out their purpose—what the SIs are intended to do and why—so I want to ask the Minister a couple of questions. I will structure it in a slightly different way, because I think the order on the Order Paper is completely illogical, but I will begin by discussing chemical weapons.

The use of chemical weapons is prohibited, and the chemical weapons convention covering these sanctions is now 20 years old. In general, the convention has been a significant success, because 97% of the stockpiles of chemical weapons have been destroyed. However, we want to think about ways in which we can strengthen enforcement of the convention. Obviously, the sanctions are part of that enforcement mechanism. The current sanctions apply entirely to people from Syria or to Russians who have worked for the GRU—that is because of their involvement in the Salisbury incident. On the strengthening of enforcement, in addition to these and possible further sanctions, have the Government considered requesting challenge inspections, which are used if one country thinks another country has not been telling the truth about its stockpiles? It is possible to request such inspections through the UN Security Council. Given the fact that there is evidence of the use of chemical weapons in Syria, Malaysia, Indonesia—to which I shall come—and Great Britain, might the Government like to think about requesting challenge inspections?

I have a technical question for the Minister. According to Human Rights Watch, chemical weapons have been used 85 times in the Syria conflict. As I said, the sanctions relating to chemical weapons and Syria cover Russians and Syrians, but it is believed that Daesh has used some chemical weapons in Syria, and Daesh is currently not covered by the sanctions at all. Why is that, and what consideration have the Government given to the matter? Is it simply not necessary because Daesh is a proscribed terrorist group, or is there some other reason? Does the Minister anticipate changing the chemical weapons regime when we have an independent sanctions policy?

I am extremely concerned about allegations that white phosphorus was used in West Papua in December 2018. I have met a human rights defender who has a lot of detailed information about the allegation, which is extremely disappointing because the human rights situation in Indonesia has improved markedly over the past 20 years. The use of white phosphorus by the security services would obviously be a breach of the chemical weapons convention. If the Minister or his officials do not have the answer now, please could they write to me on the matter?

Let me turn to the statutory instrument on Syria. The current sanctions that the Minister proposes to roll over cover 277 individuals and 51 entities—he mentioned oil, luxury goods and so on. Will the Minister update the House on the effectiveness of the sanctions and on what other steps the Government are taking to reduce the terrible ongoing conflict in Syria? When and how does the Minister think a negotiated political solution with the consent of the Syrian people is going to be achieved?

I wish to draw the Minister’s attention to what seems to be a hole in the Syria sanctions. They are meant to cover members of President Assad’s close family and his close associates, but it has come to light that his niece has been living and studying in the UK for some time. She was able to gain entry to this country, to enrol on not just one but two university courses, and to fund her stay, all apparently without the authorities noticing. Many people will be extremely angry to hear about that. The immigration regulations in this country are now quite tight, and people often come to Members when they are about to be thrown out by the Border Agency, yet the niece of President Assad, one of the most serious serial human rights abusers, who has used chemical weapons against his own people, has been allowed to live peacefully and happily in this country and to secure her education here. That cannot be right. What does the Minister think about it and what is he going to do about it?

Let me turn to Belarus, as there are obviously connections between the sanctions against Russians and the Belarus sanctions. In respect of human rights in Europe, Belarus is currently in the deep freeze, but the sanctions are quite narrow, covering only four people. Does the Minister think the sanctions are proving to be effective in affecting the behaviour of the Belarus Government? As he said, evidence of human rights violations in Belarus continues to come in. In 2016, the EU decided to lift sanctions against 170 people, but the ongoing human rights situation in Belarus is extremely serious. The Minister said that the sanctions were related only to the disappearance of four individuals; why were those four particular episodes the ones on which the Government and the European Union alighted in respect of their sanctions policy? I am pleased that, being the Minister for Europe, the Minister knows a lot about Belarus and will be able to tell the House what is going on. Does he give any credibility at all to Moscow’s proposal for the unification of Russia and Belarus?

[Madam Deputy Speaker (Dame Eleanor Laing)]

Order. Before the hon. Lady goes any further, she and the House will appreciate that the matter we are debating is very narrow, because it has to do with exactly what is on the Order Paper in respect of these sanctions. I am being fairly liberal—with a small l—because I appreciate that the Minister probably does have the information to which the hon. Lady refers, but my concern is to make sure that the debate that we have right now, as opposed to a wider debate at another time, relates to what is on the Order Paper.

[Helen Goodman]

I was about to move on to Zimbabwe, Madam Deputy Speaker, so I am sure I can satisfy you.

On Zimbabwe, we have only limited sanctions that relate only to President Mugabe and the defence industries. The purpose of the sanctions is to improve the human rights situation in Zimbabwe, but how can they possibly be effective, given that Zimbabwe has a new Government? How can sanctions on a previous regime conceivably affect the new regime? That new regime has been described by some Zimbabweans as a new driver in an old taxi. The situation does not quite make sense.

[Peter Grant (Glenrothes) (SNP)]

The hon. Lady may be aware that some of those widely believed to be responsible for human rights violations in Zimbabwe under the previous President are still closely associated with the new Government. Does she agree that if there is evidence that any of those individuals have committed serious violations of the human rights of UK citizens, who have been forced to flee Zimbabwe and come back to the UK as a result, they should also be subjected to sanctions, and that those sanctions should apply until such a time as the UK citizens have been given proper compensation through the courts?

[Helen Goodman]

The hon. Gentleman makes an excellent point. There has been a brutal crackdown on protests, with 2,354 violations of human rights, including 17 deaths and 17 rapes. I hope that the Minister will take that into account and tell us what precisely the Government will do to achieve change. I also want to know whether the Government’s policy on sanctions is being co-ordinated with the policy being run by the Department for International Development to tackle the drought. Obviously, one of the problems with sanctions is that, when we have sanctions against a country, delivering aid can sometimes be quite tricky, as knowing which transactions can pass through and which cannot can be complicated.

I do not know whether, as well as discussing the sanctions with the European Union, the Minister has been co-ordinating with the African Union. The current position is that Zimbabwe will not be allowed to rejoin the Commonwealth until it improves its human rights record, but will the Minister please tell us the co-ordination mechanism with the African Union?

That brings me to my final general point, which I also raised in our last debate on sanctions. How will we co-ordinate with the European Union after we have left? Everybody in this House fully understands that just one country’s sanctions cannot be effective. This only works when we have co-ordination internationally. Sometimes that co-ordination is at the UN level and sometimes, as in the case of these regimes, it is at the European level, but the Minister has not as yet been able to tell us what co-ordination mechanisms the Government are planning post Brexit. It would be interesting to know from him what he envisages, both in the scenario of leaving with a deal and in the case of leaving without a deal.

--- Later in debate ---

[Sir Alan Duncan]

I would genuinely like to thank all Members who have contributed to the debate. Many have done so from a position of significant expertise and knowledge of the countries mentioned in the framework sanctions regime we are discussing.

Madam Deputy Speaker, I am mindful of your stricture that we must not stray from the matters on the Order Paper, but inevitably some Members have been drawn into discussing the broader national issues around the framework law we are discussing. I am sure that the hon. Member for Bishop Auckland (Helen Goodman) will appreciate that it would be inappropriate for me to comment on an individual such as the niece of President Assad.

[Helen Goodman]

rose—

[Sir Alan Duncan]

The hon. Lady seems slightly indignant, and I am happy to give way.

[Helen Goodman]

Well, I am indignant. The convention in the House is surely that anything covered in an explanatory memorandum is reasonable to put to the Minister. I am extremely concerned that the niece of President Assad has been allowed to live and study in this country. Surely if the Minister looks at part 2 of the regulations on the designation of persons, he can see that she is a person who has supported or benefited from the Syrian regime and is a prominent person—she falls into the categories included in the documents, as does the question I raised about Daesh and about the white phosphorus incident in Indonesia. It may be inconvenient for the Minister to answer those questions, but it must surely be in order.

[Sir Alan Duncan]

I am afraid that the hon. Lady’s indignation is wrong on all counts. First, white phosphorus does not fall under the chemical weapons regime as it is a different sort of weapon, nor does Daesh, which falls under other regimes related to al-Qaeda and Daesh. I think it would be highly inappropriate for me to discuss an individual when we are looking at the framework within which the sort of designations the hon. Lady mentions can take place. These regulations put in place the law within which those designations can happen. We are not specifically looking at the designations themselves.

In respect of what we are able to transfer into the framework we are discussing, the sanctions relating to Belarus, for instance, were agreed in 2004. The EU sanctions regime currently imposes asset freezes and travel bans on four Belarus nationals with links to the Belarus Government who were implicated in the disappearance of two opposition politicians, a businessman and a journalist in 1999 and 2000. The hon. Lady also asked about changing the chemical weapons regime. We are mindful of our and others’ obligations under the chemical weapons convention and, through the regulations, we would have the flexibility to change sanctions should it be thought appropriate.

These regulations are necessary to enable the UK to implement our independent sanctions policy within the framework of the Sanctions and Anti-Money Laundering Act 2018 from the moment we leave the EU. Approving the regulations would in no way prevent the development of an autonomous human rights sanctions regime. The sanctions Act enables sanctions to be imposed for a variety of purposes, including responding to or deterring gross violations of human rights, or otherwise promoting compliance with human rights law or to respect human rights.

Sanctions are an integral part of our response to the most important foreign policy challenges we face. We must be ready to deliver sanctions independently as soon as the UK leaves the EU, and that is why these statutory instruments are so important. Transposing EU sanctions regimes in this way puts the UK on a solid footing to continue to protect our interests, defend our values and maintain the position of leadership that we have built on sanctions over so many years. I commend the regulations to the House.

Question put and agreed to.

Resolved,

That the Chemical Weapons (Sanctions) (EU Exit) Regulations 2019 (S.I., 2019, No. 618), which were laid before this House on 22 March, be approved.

Exiting the European Union (Sanctions) (Zimbabwe)

Resolved,

That the Zimbabwe (Sanctions) (EU Exit) Regulations 2019 (S.I., 2019, No. 604), which were laid before this House on 20 March, be approved.—(Sir Alan Duncan.)

Exiting the European Union (Sanctions) (Republic of Belarus)

Resolved,

That the Republic of Belarus (Sanctions) (EU Exit) Regulations 2019 (S.I., 2019, No. 600), which were laid before this House on 20 March, be approved.—(Sir Alan Duncan.)

Exiting the European Union (Sanctions) (Syria)

Resolved,

That the Syria (Sanctions) (EU Exit) Regulations 2019 (S.I., 2019, No. 792), which were laid before this House on 5 April, be approved.—(Sir Alan Duncan.)

Intelligence and Security Committee of Parliament

Resolved,

That Ian Blackford be removed from the Intelligence and Security Committee of Parliament under Schedule 1 to the Justice and Security Act 2013 and Stewart Hosie be appointed to that Committee under section 1 of that Act.—(Paul Maynard.)