Trade Bill

Debate between Imran Hussain and Jeremy Wright

Consideration of Lords amendments
Tuesday 9th February 2021 Commons Chamber

[Imran Hussain (Bradford East) (Lab) [V]]

Genocide and grave human rights abuses are the most horrific and wicked crimes a state can commit, and those who perpetrate such crimes should be held accountable by this Government and the entire international community. Let me be absolutely clear: they are not internal issues, as Ministers often claim, but international issues. The Government should therefore be using the trade deals they negotiate with other countries as a means of strengthening our human rights commitments, as I advocated during the passage of the Bill last year.

Yet despite so many Members from across the House agreeing that trade deals should at least uphold our human rights obligations, Ministers have shown that they believe otherwise, defeating by the slimmest of margins the amendments that would have prevented them from signing trade deals with genocidal states, and proposing today a counter-amendment that is a pale imitation of what we should be doing as a country. In acting this way, they risk further emboldening those who continue to commit serious crimes against humanity. We have, sadly, already seen where refusing to take strong action against the Burmese military for their genocide of the Rohingya, for example, leads.

The bottom line is that we should not be signing any trade deal with any state that is committing any crime against humanity. Turning a blind eye and doing business with the very regimes that torture, abuse and kill others will sign away any moral authority that we have to call ourselves defenders of human rights, to enforce sanctions against abusers, or to advocate for stronger protections. However, while the Government’s previous vote against the amendments and the amendment they propose today are bitterly disappointing, they are sadly not surprising. On far too many occasions, I have urged them in Parliament to act against those committing human rights abuses and genocide, including in Kashmir. I have repeatedly called for action to protect Kashmiris from the persecution, oppression and injustice that they face on a daily basis at the hands of the Indian armed forces, only for Ministers to utter warm but meaningless and hollow words while the sons and daughters of Kashmir continue to suffer.

Trade is one of the few tools that we have left, in an interconnected, globalised world, to pursue a foreign policy based on protecting human rights. We must therefore take strong action in this Bill to show that we value human rights and that we will stand up for the many persecuted and oppressed peoples around the world.

[Jeremy Wright (Kenilworth and Southam) (Con) [V]]

Let me start with the amendments on genocide. The revised amendment 3B deals with some of the deficiencies of the original, but not, I am afraid, all. I still have the concerns that I have expressed previously about how the judicial process that it sets out will work in practice and about what a High Court judgment in such cases will really mean. I also think that the concerns that others have expressed about the effect of a finding that genocide has not taken place are well founded.

This may be strange thing for a former Attorney General to say, but I wonder whether we are getting too hung up on the judgments of courts. It is true, of course, that Governments have routinely relied on the courts to make a formal finding of genocide when guilt must be proven to a required legal standard, but we are discussing trade negotiations, not criminal convictions. In that context, if we have good evidence that genocide or anything like it is being committed by the country with which we are proposing to do a trade deal, we should retain the right not to do that deal with it, whether there is a formal judicial determination of the specific crime of genocide or not.

That is why I support the amendment in the name of my hon. Friend the Member for Bromley and Chislehurst (Sir Robert Neill). Under that amendment, the trigger for a parliamentary vote is not a court ruling, with all the difficulties and pitfalls that brings, but rather the much lower bar of credible reports of genocide. That means that, unlike under amendment 3B, we can decide to refuse a trade deal with a country we believe has engaged in genocide despite the absence of a court ruling that it has done so. That is, in effect, a higher standard of human rights protection than that proposed in the amendment from the other place.

The judgment of Parliament on potential trade deals is important, and it is important that our judgment is exercised at the appropriate time in the negotiating process. For me, that means that Parliament should have its say when a negotiating mandate is being drawn up, not solely when the deal is done. However, I have two problems with Lords amendment 1B, which provides for that.