UK-Listed Mining Companies

John McDonnell Excerpts

Wednesday 28th November 2012 Westminster Hall

[John McDonnell (Hayes and Harlington) (Lab)]

I congratulate the hon. Member for Hexham (Guy Opperman) on his forthrightness in protecting his constituents, and my hon. Friend the hon. Member for Falkirk (Eric Joyce) on securing the debate. I want to return to the operation of London listed mining companies in the developing world. My hon. Friend has taken that matter up over the years and I congratulate him on that work.

Back in October, I launched a report with the London Mining Network and a number of non-governmental organisations. It was part of a campaign to try to persuade the Government at that stage, while the Financial Services Bill was going through the House, to ensure that a duty was placed on the Bank of England and the Financial Conduct Authority—the new architecture for regulation of the City—so that when companies were listed, there would be a commitment to monitoring their adherence to certain basic elements of corporate responsibility. That included ethical corporate responsibility, and in particular their operations in the developing world with regard to the protection of human rights, tackling climate change, and their adherence to international law and conventions—and, importantly, the convention on protecting indigenous peoples.

Unfortunately, we never secured those amendments to the legislation, but I hope that in dialogue with the FCA, we can move forward and at least ensure that there is not only openness and transparency but action by the FCA. Being listed on the London stock exchange is critical for such companies. It demonstrates—or should demonstrate—to the world that there is financial probity and good governance. It should also demonstrate a commitment to ethical corporate responsibility and behaviour standards, but at the moment I do not think that is the case.

I will name individual company names, because I think it is important that we know what has gone on, and part of our role in the House is to help people to bear witness to what has happened in recent years. When we launched the report, I said:

“We cannot stand by and witness these global mining companies brutally impoverishing and destroying the lives and environments of whole communities. We need not only to expose this exploitation but also to demand that a firm system of…regulation”—

both national and international—

“control and accountability is put in place that halts the destructive activities.”

Those activities are not just destructive in the developing world and of the long-term interests of those individual companies and their employees; they are destructive of London’s standing in international markets, because the reputational damage that such companies are doing to London will undermine the long-term future of our economy.

At the launch of the report, Peter Frankental from Amnesty International said:

“This report…presents a challenge to the Government to ensure that the proposed regulatory body has the powers to require mining companies to meet acceptable human rights and environmental standards as a condition for listing on the London Stock Exchange”.

That is exactly what we were arguing for. I pay tribute to people such as Richard Solly, who has co-ordinated the London Mining Network over the years, for the effective work that they have done.

Let us consider a few examples; I want to do a quick ABC of some companies and their impact. They have been outrageous in their behaviour—abroad and, in some instances, in this country.

[Jeremy Corbyn]

I thank my hon. Friend for giving way. He and I have sat through a number of meetings with groups from the Congo, Colombia and a number of other countries, where the most appalling damage has been suffered because of the irresponsible behaviour of mining companies. Many of the mining companies claim in their defence that the actual mining work is done by some mysterious subsidiary—another supplier, another contractor—in order to evade their corporate responsibilities and the law of the country. Does he agree that we need to frame responsibility in law that guarantees the whole supply chain and not just the convenient end-part of it, where the large profits are made?

[John McDonnell]

That is one of the important issues, and my hon. Friend has raised it before with regard to the extractive industries transparency initiative. It is important that we have full transparency, particularly with regard to subsidiaries.

Let me cite some examples that relate to my hon. Friend’s point. I shall start with Anglo American. At its AGM this year I met a number of people lobbying there. In particular, the company has come under fire for its involvement in the Cerrejon coal mine in northern Colombia. I met a number of local people who live near the mine and have been forced out of their communities. There has been forced relocation of farming communities, without any adequate compensation. It has taken years of campaigning just to get some dialogue going with the company. It was involved, with Rio Tinto, in the Pebble mine copper and gold project in Alaska, which has threatened vast swathes of the caribou calving grounds, the ecological integrity of Bristol bay, and the fisheries.

The company promised to create 100 jobs, but it has actually destroyed 600. Its Anglo American Platinum division continues to attract heavy criticism from farming communities in South Africa for its handling of community resettlement and for polluting water supplies. AngloGold Ashanti, which is also owned by Anglo American—as my hon. Friend the Member for Islington North (Jeremy Corbyn) said, these companies are subsidiaries—retains a standard listing on the London stock exchange, and it has been accused of profiteering from paramilitary intimidation of mining opponents in Colombia. De Beers, which Anglo American controls, has been criticised for potentially benefiting from the forced removal of indigenous bushmen from their ancestral territory in Botswana.

It goes on. BHP Billiton, in addition to its role in the Cerrejon mine, is in dispute with the Colombian Government over the derisory royalties it has paid at its Cerro Matoso nickel mine. It is under fire for toxic spills and health impacts at its Antamina copper, zinc and molybdenum mine in Peru. It is accused of providing poor conditions for workers at its Escondida mine in Chile, ignoring native American sacred sites at the Resolution Copper project in Arizona, and leaving a toxic legacy at the Ok Tedi mine in Papua New Guinea.

I will not go into Glencore, because my hon. Friend the Member for Falkirk has dealt with it in previous debates, but it is well known for its role, particularly in Africa. Let me come on instead to Global Coal Management Resources plc and its responsibility for the open-cast mine at Phulbari in Bangladesh. According to the Bank Information Centre in Washington, the project is acquiring almost 6,000 hectares of land and displacing anything between 50,000 and 200,000 people. It is destroying ponds, fruit and timber trees, businesses, homes, barns, boundary walls, schools, health facilities, mosques, temples, churches and archaeological sites. This displacement is taking place in one of the most densely populated countries in the world, and it is destroying a critical agricultural region, threatening Bangladesh’s food supply. More than 80% of the land that is being threatened is fertile agricultural land, which cannot be replaced. That leaves farmers and families with few options for employment, and it risks impoverishing a massive number of people, turning hundreds of thousands of farmers into landless wage earners who will be competing for jobs in entirely different sectors.

What is interesting is that the company is one of those that have been promoted by this Government, as it was by the previous Government. Despite receiving a series of freedom of information requests recently, the Government have refused to provide information about their relationship with the company and about the support they have given it and its operation in Bangladesh. In its response, the Foreign and Commonwealth Office explains it will not provide the information

“because we consider that the disclosure of this information would be likely to prejudice relations between the United Kingdom and Bangladesh”

and because it would

“prejudice the UK Government's internal relations with the Bangladesh Government”.

In other words, the Government would be ashamed of the support they have given this company if it came to light, and the Bangladeshi Government would be furious—understandably so, from the sound of the work that has been undertaken to promote the devastation of the region.

Monterrico Metals was originally linked to the Phulbari project through the company’s previous chairman. Monterrico has also received help from the British Government. In fact, the former British ambassador to Peru, Richard Ralph, spent part of his ambassadorial time talking up the advantages of Monterrico’s Rio Blanco copper project in the Andes. He tried to reassure local organic farmers, most of whom are vehemently opposed to the project, which threatens their livelihoods, that the production of large amounts of toxic waste and the pollution of local water supplies would be good for them. What an extraordinary coincidence it is that when the ambassador retired, he became chairman of Monterrico Metals. Later, he was prosecuted as a result of insider trading. Again, a huge majority of local people rejected the company’s proposals for the Rio Blanco mining project, and there were protests, during which people were killed.

Rio Tinto is also listed on the London stock exchange. It has been the subject of one of the longest running anti-corporate campaigns in the world by Partisans—People Against Rio Tinto and Subsidiaries. It is accused of anti-union activities and of ignoring aboriginal rights in Australia. Its nickel-copper mine on the Yellow Dog plains near Lake Superior has been criticised. I have met representatives from Mongolian organisations concerned about the Oyu Tolgoi copper and gold mine in the Gobi desert.

[Guy Opperman]

The hon. Gentleman mentioned the individual who was monitoring and then went to work as the chairman. I used the example of someone who worked for the local authority and turned from gamekeeper into poacher straightaway thereafter. Does the hon. Gentleman agree that, just as we require Members of the House not to do business connected to matters they have dealt with as a Minister, we should encourage companies set up in this country to ensure, through the shareholders’ action, that such persons, with whom the companies have dealt, are not then immediately hired on to their boards?

[John McDonnell]

I fully agree, but it needs more than shareholder action. I think it is the responsibility of the Financial Conduct Authority, under the auspices of the Bank of England, to introduce specific regulation to prevent some of these things from taking place. That will give confidence to those who want to invest in these companies and who want to look on London as a place where companies operate properly, legally, with probity and with a commitment to ethical corporate behaviour.

Let me give two last examples. I protested at the Vedanta annual general meeting this year because I was so angry about the company’s behaviour. Vedanta has been criticised for its behaviour in Armenia and Zambia, but it is in India where it has come in for the heaviest criticism, for the manner in which it ignored environmental legislation and literally bulldozed its way into tribal land in Orissa, in the hope of constructing a huge bauxite mine on land sacred to the Dongria Kondh people to feed its illegally constructed alumina refinery.

I have also been dealing with the company in Goa. I met representatives of the Save Goa Campaign recently. I congratulate the Indian Government on setting up the Shah commission, which ruled in September that all the mines in Goa were operating illegally because they were not abiding by environmental standards. All the mines were shut overnight, and a court case is going on this week to see which ones can reopen if they have abided by basic environmental standards. Vedanta and others have undermined the agricultural base of the Goan economy, polluted the water and threatened the tourism industry. I commend the Save Goa Campaign: local people and the Goan diaspora have exposed what has gone on. I also commend the Indian Government for taking decisive action. However, Vedanta, as the main company involved, has made fortunes from exploiting the Indian subcontinent.

Finally, there is Xstrata. It is involved with the Cerrejon mine in Colombia; it is involved in the hugely controversial Tintaya mine in Peru, which has been a focus of fierce conflict over the years as a result of the pollution; and it is involved in the Philippines, where its Tampakan project is strongly opposed by indigenous people. The Argentine federal appeals court has also upheld criminal charges against Xstrata general managers in the past.

My view is straightforward. I have read out that list of examples because they are shocking. These companies are all listed on the London stock exchange. We need to take responsibility in this country, and I wish this had been more decisively dealt with when the Financial Services Act 2012 was before us. If these companies wish to be listed on the London stock exchange, they must first show complete openness and transparency; they must ensure that there is financial probity; and, above all else, they must be prevented from doing London reputational damage. We will achieve that by making sure that they abide by corporate ethical standards, and that means ensuring that the FCA and the Bank of England have a role, including in delisting companies, if necessary, because of their behaviour in the developing world.

One day we will depend on the developing world for a whole range of relationships and for the distribution of a whole range of raw materials and national assets, which will benefit the whole globe. We are alienating people now we will want to co-operate with in the future, because we are not controlling these mining companies, which are doing so much damage to our reputation abroad. In addition, we are doing long-term damage to our economy. That is why I urge the Government to act.

In conclusion, it should not take freedom of information requests to this Government or any Government to get real information about the relationship between the Government, their Departments and individual companies. Even when freedom of information requests come back, they are heavily redacted to keep secret the malevolent role that Governments have played over the years in supporting these companies.

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[The Parliamentary Under-Secretary of State for Business, Innovation and Skills (Jo Swinson)]

Thank you for chairing the debate, Mr Benton, and for drawing our attention to the new clock regime, which is a very good innovation, particularly the advent of seconds. We can feel the anticipation of the countdown in the closing seconds of our speeches. I congratulate the hon. Member for Falkirk (Eric Joyce) on securing the debate. It has been an important opportunity to highlight what we are doing to increase transparency. I pay tribute to his hard work, particularly in his role on the all-party group on the African great lakes region.

I would also like to thank the hon. Gentleman for his kindness and understanding. When the debate was initially scheduled for a few weeks ago, I was suffering from the cold that was going round and had entirely lost my voice. It would not have been a particularly instructive debate in which to hear the Government’s view, because I would have been very much in listening mode only. I am glad we were able to reschedule. In doing so, it has changed from a half-hour to a 90-minute debate. I do not know whether that is pure good luck in the ballot or karma from the powers-that-be for the hon. Gentleman’s understanding. I am sure that we all appreciate having this opportunity, because we have been able to hear not only his views but contributions from other hon. Members.

In my summation, I shall outline the Government’s position and our commitment to transparency, in particular. I shall go through the latest developments on the EU rules and talk about corporate governance, with particular reference to reporting requirements and the composition of boards. I will also talk about the extractive industries transparency initiative, which several hon. Members mentioned. I will then deal with the impact of mining on the UK economy.

For far too long, the world’s poorest people have struggled to benefit from the vast natural resources in their countries. Millions of people in developing countries languish in poverty while their corrupt Governments squander or hide large payments from foreign companies. Strong EU action to create a new global standard for transparency in the extractive industries is vital to help those citizens to hold their Governments to account. I am determined that the UK will play a leading role within the EU to make the most of opportunities.

The Government are keen that the mining industry, as well as other extractive industries, provides more information on the payments it makes. Countries rich in natural resources—the minerals that industrialised nations need—can use that wealth to boost economic growth and improve social conditions for some of the poorest people in the world, who badly need that. International mining developments have the potential to boost economic growth dramatically and provide a route out of poverty for resource-rich developing countries. All too often, however, such resources act as a curse, owing to the temptations of corruption that tend to go with them.

To provide some context, the value of exports of oil, gas and minerals from sub-Saharan Africa in 2009 was five times greater than the aid it received, and prices have risen since then. There is huge potential to unlock positive development. Botswana, Zambia and the Democratic Republic of the Congo top the global chart of mineral-dependent countries—those that depend on minerals for more than a quarter of their tangible exports. Well managed extractive resources can provide a big economic jolt, but citizens of such countries are too often unable to find out how much their Governments are paid for access to the resources or how the payments are reinvested, so there is no way to hold them to account.

The Prime Minister has expressed his strong support for the transparency agenda. When he spoke in Lagos in July 2011, he made clear his support for EU action to improve the information available at both country and project level. More recently, he reaffirmed his commitment to the UK leading efforts in the EU to require oil, gas and mining companies to publish details of the payments they make to Governments. The Deputy Prime Minister has also been active in this regard, and last month he and I met campaigners, including that rather well known supporter, Bono. The Deputy Prime Minister has been a strong advocate of transparency and in particular of ensuring that the agenda is driven forward at the centre of Government with the important support of the Prime Minister.

The hon. Member for Falkirk and others talked about the accountancy and transparency directives and where we are with them, and I hope to update the House today. The Government are keen that the EU agrees strong reporting requirements—rules that could improve the lives of millions of people around the world. For the first time, the extractive industries will have to report the payments that they make in all countries in which they operate. It is proposed that such companies, whether listed or not, publish details of what they pay to each level of government—nationally, regionally and locally. Crucially, they will also have to report payments to state-owned organisations, such as energy providers. That will give citizens the information that they need on, for example, the taxes, royalties and other payments made in host countries. If we get the measures right, it will have a huge impact in helping to combat corruption in developing countries and ensure that natural resources benefit all the citizens of the countries where they are mined.

The hon. Member for Falkirk mentioned the action in the United States, which has already agreed new rules, as we know. The US Dodd-Frank Act requires listed companies to report to the Securities and Exchange Commission each year. That means giving details of the payments, whether in money or in kind, that they make to Governments. The new legislation, published in August, raised the bar on global transparency standards, which I warmly welcome. US-listed companies will have to comply with a set of strict rules that will considerably increase the amount of information available to citizens. Although the EU has been discussing the issue for a long time—things tend to take a long time with the EU—the publication of the US rules has given us an opportunity to go further than we had thought possible in the EU, because, on exemptions, project-level reporting and the threshold for reporting, the rules are more ambitious than many had expected.

In response to that bold move by the US, the coalition Government are pushing for the EU to match the US approach, on, in particular, project-level reporting and setting a low threshold above which payments must be disclosed. The threshold is $100,000 under the US rules, and it would be helpful if the EU agreed to a similar amount in negotiations. It is worth mentioning in passing that if standards in the EU and US were, as far as possible, shared, it would help companies complying with the transparency rules, because it would mean one set of requirements to comply with, rather than extra complexity and therefore extra cost. In America, there will be no exemptions from reporting, which has been a real bone of contention.

Concerns have been raised with my predecessors and me that the disclosure of payments made to a Government might be prohibited by the criminal law in some countries. I have yet to see the titles of specific Acts of Parliament in specific countries that would prohibit that type of transparency. I encourage anyone reading the debate in Hansard who strongly believes that exemptions are absolutely necessary to furnish me with the titles of the Acts that people would be unable to comply with, in whatever foreign country. I will happily receive and respond to such information, if it exists, as I expect it does not. When mining companies based in the United States and Europe have to provide the information, that will cover a large proportion of the extractive industries operating in the developing world.

The hon. Member for Hartlepool (Mr Wright) raised the challenge of the EU process. I am glad that he did not say it was my fault that things were taking a while in Europe; I assure him that it is not. I may have been in this role for only two and a half months, but my predecessors were very active, as am I, on the issue. Since January, there have been 16 meetings of the Department, campaigners and the industry, five of which included Ministers. Since I took on this role, I met members of the Publish What You Pay coalition and representatives from the extractive industries on 12 September, and I again met members of Publish What You Pay on 25 October. We are therefore in close contact on the issues, because it is important to make progress. My right hon. Friend the Secretary of State for Business, Innovation and Skills had an article in the weekend newspapers on this issue, and we are determined to keep up the pressure.

[John McDonnell]

It is impressive that the Minister has met such a range of organisations. Is she now willing to meet the London Mining Network?

[Jo Swinson]

The hon. Gentleman encourages me to fill my diary with more meetings—I am sure that my private office will be delighted. I will certainly look at whether it is possible to undertake that commitment. If he writes to me with more details, I will see what can be done.

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[Jo Swinson]

The hon. Gentleman asks a genuinely interesting question. One thing that became clear to me at the first round table I held on this issue was that the industry and the campaigners started in quite contradictory positions. Getting people to a position where they have agreed to make progress has been a rather long and perhaps slightly tortuous process, which has required a great deal of engagement. Both sides have had concerns, but, to their credit, they have both recognised that tweaks to their proposals might be needed, and genuine points have been made that ultimately led to concessions. Certainly when I joined those discussions, we were getting to a much clearer position, particularly with the catalyst of the strong US rules, and that is very welcome. It is important to have strong rules on transparency, but the industry recognises that it must comply with the US rules, and it wants to make sure that it is not a bad neighbour, as it were, in the countries in which it operates. There is therefore a recognition that change is necessary.

The EU negotiations are in the trialogue process, the delights of which are not always as swift as we would like. We are keen to make sure that, if possible, that agreement is reached through the First Reading process, because that would allow us to implement the rules. I understand that there have been three sets of meetings so far. They are practically weekly at the moment, and I think the dates were 7, 9 and 14 November, but do not quote me on that. Things are prone to change in the EU—for example, there was due to be a meeting on Friday, but I heard it was off and then that it was possibly on again. None the less, whatever the specific dates, there are very regular meetings of COREPER—and other lovely EU acronyms—to ensure we get some progress.

On a range of issues, particularly the three I mentioned—exemptions, and threshold-level and project-level reporting—we are getting a greater degree of consensus. The European Parliament is still pushing some elements, in relation to the involvement of other parts of industry, on which it wants to go beyond what the US does. That runs the risk of just delaying or preventing the process, when there is a lot of consensus on extractives, so there will be further discussions.

As the hon. Member for Islington North (Jeremy Corbyn) explained, he has unfortunately had to leave for another engagement. He made a point about outsourcing parts of the mining industry to avoid transparency. It is worth putting it on the record that the project definition is likely to tie in contracts and licences in such a way that avoidance will not be straightforward and that subcontracting will still be captured. The hon. Member for Falkirk talked about how listing companies in London might be a positive step, even when they were not UK-based. The hon. Member for Hayes and Harlington (John McDonnell) was characteristically forthright and passionate about some of the failings that he has identified. I am sure that he appreciates why I cannot go into the individual cases that he mentioned.

On the overarching issue of corporate governance, it is important that investors have information to hold companies to account. The London stock exchange has four of the top five mining exploration and extraction companies by market capitalisation—BHP, Rio Tinto, Xstrata and Anglo American. There are 119 extractive and mining companies listed on the London exchanges, of which 12 are UK companies. We want to ensure that investors can hold boards to account and encourage responsible business behaviour. We have high standards of corporate governance, but it is important that we are not complacent. Further strengthening those standards will help London stock markets, because it will give major investors more confidence.

[John McDonnell]

It is important that companies are held to account, and it is also important that Governments are held to account. Will the Minister personally examine the information that has flowed between the Government—that is, the Foreign and Commonwealth Office—and other Government agencies with regard to GCM and its operation at the Phulbari project in Bangladesh? A freedom of information request for the release of that information has been denied.

[Jo Swinson]

I will endeavour to look at the issue the hon. Gentleman raises, and write to him. I want to conclude my remarks, as there are a couple of points I want to pick up.

The tax issue is one for the Treasury, but it is important that companies pay the tax that they owe. If some of that needs discussion with other OECD countries, to make sure we have a regime that works, we should do that.

We have recently published draft regulations for narrative reporting. It is important that we make sure that it is explicit that relevant social and community issues in such reports should include a consideration of human rights. It is absolutely appropriate that investors should want to assess that in making their decisions.

Diversity on boards is also relevant to the extractive and mining industries. In the FTSE 100, there are currently 12 mining companies, half of which have no women on their boards. That means that, of the only eight companies in the FTSE 100 that have no women on their boards, three quarters are mining companies. I hope that those companies look at that in detail, because the rest of the FTSE 100 companies seem to be taking significant action, so they are lagging significantly behind. [Interruption.] The hon. Member for Hartlepool mentions Cynthia Carroll, whose departure shortly from Anglo American, will leave only two female bosses in the FTSE 100.

Various hon. Members, including my hon. Friend the Member for Worcester (Mr Walker), raised the issue of the extractive industries transparency initiative, although, as the hon. Member for Islington North pointed out, it has limited effectiveness. There are 16 compliant countries so far, and another 20 are in the process. The rules that we want to agree in the EU will go much further, so it is important to get them right. However, with my colleagues in the Department for International Development, I will look at that issue. We are trying to assess the impact of any such additional burden on small UK companies that operate exclusively in the UK. However, I hear the views expressed.

Mining is, of course, important to the UK economy. My hon. Friend the Member for Hexham (Guy Opperman) spoke as a passionate advocate for his constituency. Some of the issues he raised relate to other Departments, but it is the responsibility of local authorities to establish local development and local mineral plans so that it is clear how their areas will be developed. The Secretary of State for Communities and Local Government has made it clear that the green belt will be protected. He recently said in the House:

“Inappropriate development should not be approved in the green belt”.—[Official Report, 17 September 2012; Vol. 550, c. 619-20.]

That is clear. It is up to local authorities to implement conditions that are put in place, including those from the Planning Inspectorate.

In conclusion, the issue is important, and the Government are very committed to transparency. I thank all hon. Members for their contributions to the debate.