Sri Lankan Tamils and Human Rights

Debate between Leo Docherty and Catherine West

Tuesday 5th December 2023 Westminster Hall

[Leo Docherty]

These are clearly profoundly difficult issues that will not be solved quickly, but our judgment is that we must continue with our diplomacy and our strong encouragement for the Government of Sri Lanka to come forward with detailed proposals about a truth and reconciliation commission. As unlikely as it may seem this afternoon, that is the intent of our diplomacy, and we will continue to do that. We will also continue closely to monitor human rights developments in Sri Lanka, including the marginalisation and repression faced by Tamil communities and other minorities.

[Catherine West]

Given the scepticism about yet another announcement of this sort of process, will the Minister pledge to continue more truthful and thorough approaches? For example, with regard to the question raised earlier in the debate about the role of the ICC for certain of the terrible events that happened during the civil war, is it the assessment of the FCDO that there is a case to answer in the ICC?

[Leo Docherty]

The hon. Lady will know that the ICC, being independent, will make its own judgments about the prospect of prosecution, but of course, candour and frank speaking are at the heart of the relationship that we have with the Sri Lankan Government, and we will continue to press the need for a truth and reconciliation commission.

British Nationals Detained Overseas

Debate between Leo Docherty and Catherine West

Tuesday 5th September 2023 Westminster Hall

[Leo Docherty]

Yes, indeed—we consider all these cases. If I may, I will come on to that case, because the hon. Gentleman has been a champion of it. Let me assure him—I am sure he knows this—the Government have raised concerns about Mr Johal’s case with the Government of India, including allegations of torture and his right to a fair trial, on over 100 occasions, and we will continue to do so. We take the UN Working Group on Arbitrary Detention’s opinion in this case very seriously. We have consistently raised concerns about Mr Johal directly with the Indian authorities and we will continue to do so, as I say. Having carefully considered the potential benefits and risks to Mr Johal of calling for his release, as well as the likely effectiveness of doing so, we do not believe this course of action would be in his best interests. But as I say, we will continue to raise his case with the Government of India.

Let me turn now to two cases mentioned by the hon. Member for Hornsey and Wood Green (Catherine West) and the hon. Member for St Helens South and Whiston. The first is the case of Morad Tahbaz in Iran. We are pleased to see that British national Morad Tahbaz has been released on furlough. That is a first step, and we remain focused on his permanent release. Of course, the UK is not party to negotiations between the US and Iran; the details of any agreement are a bilateral matter for those two countries. But we do think that his release on furlough is a positive step.

I turn now to the case of Mehran Raoof, also in Iran. We are supporting the family of Mr Raoof, who is a British-Iranian national and has been detained in Iran since 2020. Of course, his welfare remains a top priority. It remains entirely within Iran’s gift to release any British national who has been unfairly detained and so we should urge Iran to stop this practice of unfairly detaining British and other foreign nationals and urge it to release Mr Raoof.

I turn now to the case of Mr Alaa Abd El-Fattah, in Egypt. Of course, we remain committed to securing consular access for dual British-Egyptian national and human rights defender Alaa Abd El-Fattah. We continue to raise Mr El-Fattah’s case at the highest levels with the Egyptian Government. We remain committed to supporting him and his family. My right hon. Friend the Foreign Secretary met family members on 6 February, and Lord Ahmad has met family members several times—most recently on 6 July. Our ambassador in Cairo and consular officials are in regular contact with family members and they met most recently on 5 April. Of course, we will continue to offer all the consular support that we can.

I was very grateful to my hon. Friend the Member for Shrewsbury and Atcham (Daniel Kawczynski) for raising the case of his constituent Mr Saiful Chowdhury. Of course I give him my absolute assurance that we will be happy to correspond and raise this case. Perhaps we could exchange details after this debate. We look forward to corresponding on that case and we look forward to offering any support we can to Mr Chowdhury, so I am grateful to my hon. Friend for raising that case.

Turning to the case of Jimmy Lai, which was raised by several Members, let me be very clear that we are using our channels with the Chinese and Hong Kong authorities to raise Mr Lai’s detention and request consular access. The Minister of State, Foreign, Commonwealth and Development Office, my right hon. Friend the Member for Berwick-upon-Tweed, last met Mr Lai’s son and his international legal team on 24 April and officials continue to provide support. We continue to make our strong opposition to the national security law clear to the mainland Chinese and Hong Kong authorities. It is being used to curtail freedoms, punish dissent and shrink the space for opposition, free press and civil society. The Foreign Secretary raised Jimmy Lai’s detention with Chinese Vice-President Han Zheng on 5 May and in his opening statement at the 52nd session of the UN Human Rights Council on 22 February. We will continue to raise this case and others.

[Catherine West]

In the course of this debate, the question of whether the Foreign Office considers Mr Lai to be a British national has been raised. Could the Minister please elaborate on that because it is key to the sort of approach that we in this House take, but also which legally the Foreign Office should be taking? I have met the wonderful leader of the Hong Kong mission. I know he is doing his utmost but this has to be pushed at a much more senior level in order to get a result. I know that that is the view of the House.

[Leo Docherty]

I am grateful for the opportunity, and I will reiterate the language used by the Foreign Secretary and referred to by the right hon. Member for Chingford and Woodford Green (Sir Iain Duncan Smith): Mr Lai is a dual British national born in China, and the reality of the matter is that Chinese nationality laws are very clear in that they do not recognise dual nationality and therefore have not allowed us consular access to Mr Lai. We are therefore using our channels with the Chinese and Hong Kong authorities to continue to raise his case.

Russia (Sanctions) (EU Exit) (Amendment) Regulations 2023

Debate between Leo Docherty and Catherine West

Monday 15th May 2023 General Committees

[Leo Docherty]

I apologise.

[Catherine West]

Just to clarify, are we deciding on that tonight, Sir Gary?

[The Chair]

No vote is to be taken this evening on the point that the Minister made.

--- Later in debate ---

[Catherine West]

Thank you so much, Sir Gary, for that clarification. That was my initial impression: the officials were so kind as to provide a briefing to the Opposition and it was my understanding that that matter was coming forward at a later date. Therefore, we can leave the debate and the vote on that matter of principle—

[Leo Docherty]

indicated assent.

[Catherine West]

I see the Minister nodding, which is positive, because I am sure that Members would not like to have that jumped on to them at the last minute.

To revert to the original reason for our being here this evening, I am pleased to see measures being debated about the sustained export of commodities to Russia. No sanctions regime worth its salt could countenance that, so my first question for the Minister is: why has it taken so long for this measure to be brought before the Committee? The exportation of aircraft parts, radio equipment and biotechnology, among other key items, goes against the spirit of our regime and could have been a contributing factor in sustaining Russian offensives and in their destructive impact on Ukraine. I understand that such measures take time to fine-tune and are a constant work in progress, but we are well over a year into this harrowing conflict and we were, until April, still exporting biotechnological materials and vehicle parts to the Russian Federation. My second question, therefore, is this. What is the total value of the equipment that is now covered by the new measures and has been exported to Russia since February 2022, and were the Government monitoring the rate of those exports prior to 21 April 2023, when those measures came into effect?

Labour is committed to supporting the Government in expanding the UK’s sanctions regime, but time and again we come to Committees such as this to debate measures that, frankly, should have come into effect much sooner than a year and two months into this egregious conflict. I have a great appreciation for the work of the sanctions taskforce in the Foreign, Commonwealth and Development Office and for the staff of the Office of Financial Sanctions Implementation, but has further consideration been given by the Government and Ministers to questions about staffing levels and resourcing to ensure that critical measures such as these are brought in sooner rather than later, to ensure that the Russian war machine is sapped of resources more rapidly and more totally?

It is welcome that the Government will expand the sanctions regime in respect of the acquisition, supply and delivery of these goods and related financial, technical and brokering services, and Labour will of course support them. It is also welcome to see an expansion of existing prohibitions on importing iron and steel products. Concerns have been raised time and again that sanctions in this area are too weak and open to evasion. That is why I am profoundly concerned that this specific expansion will not come into force until the end of September. A similar statutory instrument, which I was delighted to cover for the shadow Minister for Europe, my hon. Friend the Member for Cardiff South and Penarth (Stephen Doughty), gave a bit too much notice to others that a sanction was coming in. Can the Minister account for why there seems to be an enduring series of delays with regulations such as these and across our regime? Oligarchs and those across Russia’s political class are not sitting idly by, waiting for their vast wealth to evaporate; they are seeking out ways to capitalise on the delays. I fear that the pace at which the Government are moving is only maximising what those people can retain in the long term.

I would now like to discuss oil and hydrocarbons. My hon. Friend the Member for Brent North made a very important point about how oil and hydrocarbons can be processed in third countries and then exported, even though they originated in the Russian Federation. Will the Minister clarify this? Does he think that we have a tight enough sanction to ensure that no profit returns to the federation to feed the war machine?

On 3 February, a general licence was issued by OFSI that

“permits the supply or delivery by ship of Russian crude oil and oil products, as well as provision of associated services, so long as the price paid for Russian oil or oil products is at or below the price cap”

of “$60 per barrel”. Under this licence, a person may also

“supply or deliver Russian oil by ship from a place in Russia to a third country or from one third country to another third country provided that the Unit Price of the Russian oil concerned is at or below the Price Cap.”

OFSI also states:

“A service provider may provide relevant services to any person provided that the unit price of the Russian oil being supplied or delivered by ship from a place in Russia to a third country or from one third country to another third country is at or below the Price Cap.”

Will the Minister outline the motivation behind that general licence, given that we should be aspiring to end the proliferation of Russian oil across the world rather than encouraging it?

Secondly, how is the Minister ensuring that OFSI rigorously and assiduously enforces the price cap, and how many infringements have been collected? What monitoring is happening of the UK’s role in the international oil market? Today, it seems there could be further cause for concern. The Minister might correct me, as the notice for this SI has been quite short, but the amendment to chapter 4I states that regulation 46Z6 will be omitted. That of course concerns the prohibition on the supply and delivery of Russian oil products. Will the Minister please clarify the purpose of that omission? At first glance, it appears that it would remove the prohibition on the supply and delivery of Russian oil, but I am sure that that is a drafting error. Perhaps the Minister could provide an assurance that the change has a purely technical or drafting purpose. I reached out to the Foreign, Commonwealth and Development Office for clarification on that point in advance of the Committee, and I am not sure whether this is up to date.

As I am sure we can all agree, oil is the bloodstream of Putin’s war machine. As long as the UK continues to make inexplicable exemptions and grant implausible licences, it will continue to flow freely. We know that countries in Russia’s geopolitical neighbourhood are purchasing tens of billions in oil products, and it seems entirely confounding and unacceptable that a drop of that oil should reach the UK, but that is what is happening because often it slips through various other sanctions arrangements. I look forward to the Minister providing much needed clarity and I urge colleagues across the FCDO to consider that the integrity of our sanctions regime really is on the line.

I would like to raise an issue that I know my hon. Friend the shadow Europe Minister has relayed to the Minister on several occasions, which is the question of cryptocurrencies. My hon. Friend brought to the attention of the Minister two entities that the US Treasury sanctioned in August last year—TornadoCash and Blender. Those cryptocurrency mixers have been used to launder billions and obfuscate the proceeds from illicit cyber activity by scrambling the origin of transactions.

Relations with China: Xi Jinping Presidency

Debate between Leo Docherty and Catherine West

Thursday 16th March 2023 Westminster Hall

[Leo Docherty]

China remains, as identified in the original integrated review, the biggest long-term state threat to the UK’s economic security. No one is disputing that. What the refresh seeks to do is build a strategy around that. Page 30 of the refresh says:

“China under the Chinese Communist Party (CCP) poses an epoch-defining and systemic challenge with implications for almost every area of government policy and the everyday lives of British people.”

That is comprehensive, and it is very clear that the refresh is seeking to build a strategy around that analysis.

Furthermore, we know that the challenge includes China using its economic power to coerce countries with which it disagrees. Its aggressive stance in the South China sea and the Taiwan strait threatens to bring danger, disorder and division. In other words, it threatens to create an international order favourable to authoritarianism. We will work closely with others to push back against any attempts by the Chinese Communist party to coerce or threaten other countries. That is a great deal of what AUKUS is seeking to do, as we all saw earlier this week.

We have already taken robust action to protect UK interests and values since the last integrated review. That includes new powers to protect our critical industries under the National Security and Investment Act 2021; bolstering the security of our 5G network through the Product Security and Telecommunications Infrastructure Act 2022; and training more than 170 civil servants in Mandarin. Hon. Members have mentioned Confucius Institutes; clearly, the Home Office and the Security Minister are looking at them in great detail.

The integrated review refresh takes this approach further. We will double funding for Chinese expertise and capacities in Government so that we have more Mandarin speakers and China experts. That will boost skills and knowledge for Government staff on China, including on economic and military policy, as well as Mandarin language skills. We would all welcome that.

Let me dwell on Xinjiang. The hon. Member for Strangford made a very good case and laid out the horrors we have seen there, and I am thankful to him for that. The UK has led international efforts to hold China to account for that through the United Nations and our sanctions regime. We were the first country to step up to lead a joint statement on China’s human rights record in Xinjiang at the United Nations. Since that first statement in 2019, we have worked tirelessly to broaden the network of countries speaking out. Most recently, on 31 October, the UK played a leading role in securing the support of a record 50 countries for a joint statement on China’s human rights violations in Xinjiang. We have also implemented measures to ensure that UK organisations are not complicit in these violations through their supply chains. We will continue to call out China and put pressure on it to change.

[Catherine West]

Could the Minister give some specific examples of companies or importers that have had products halted because they are connected to slavery or human rights abuses in Xinjiang?

[Leo Docherty]

Seeking to be up to date, I will ask the Minister of State for the Indo-Pacific to write a letter to the hon. Lady to that effect.

Let me move to the issue of Hong Kong. The hon. Member for Strangford raised this in meaningful terms and noted where China’s national security law has stifled opposition and criminalised dissent. Of course, the UK Government acted quickly and decisively to introduce a bespoke immigration route for British national overseas status holders and their immediate family members. More than 150,000 BNO visas have been granted, providing a route to UK citizenship. We welcome the contribution that that growing diaspora makes to life in the UK, as we welcome the contribution of the diaspora with links to mainland China. We will continue to stand up for the rights and freedoms of the people of Hong Kong, as agreed in the Sino-British joint declaration.

Let me turn to the issue of Taiwan. China’s military exercises in August last year undermined peace and stability in the Taiwan strait. Those are not the actions of a responsible international power. The UK has a clear interest in peace and stability in the Taiwan strait. This issue must be settled by the people on both sides of the strait and through constructive dialogue, without the threat or use of force or coercion. We do not support any unilateral attempts to change the status quo.

To conclude, China under Xi Jinping poses an epoch-defining challenge with implications for almost every area of Government policy and everyday life in Britain.

Saudi Arabia’s Execution of Hussein Abo al-Kheir

Debate between Leo Docherty and Catherine West

Thursday 16th March 2023 Commons Chamber

[Mr Speaker]

We come to the shadow Minister.

[Catherine West (Hornsey and Wood Green) (Lab)]

I thank the right hon. Member for Haltemprice and Howden (Mr Davis) for his characteristic defence of these principles in the House and for securing this urgent question.

On behalf of the Labour party, I extend my condolence to the family of Hussein Abo al-Kheir, a Jordanian national who leaves behind eight children. Labour stands unequivocally against the death penalty wherever it is used in the world. The taking of human life as punishment, regardless of the crime, is a gross breach of a person’s human rights.

Mr al-Kheir was arrested in 2014 for alleged drug smuggling; however, because there was no proper trial with a proper defence and he had no legal advice, it is very difficult to know the exact detail of the case. He consistently denied the charges. While he was in custody, he was allegedly so severely beaten and tortured that he lost his eyesight. Moreover, he was denied basic due process and was unable to instruct a lawyer throughout his time in custody. Despite interventions from the Government and the UN High Commissioner for Human Rights, his execution went ahead on Sunday.

I reiterate the point made earlier: has the UK become less robust on the question of human rights in the Kingdom of Saudi Arabia since 2015? Saudi Arabia is a founding member of the Arab League, which is bound by the Arab charter of human rights; what urgent actions are the Government taking to ensure that our partners comply with the Arab League and its human rights charter?

In the run-up to Ramadan, what extra measures are the Government taking to open dialogue with the Kingdom of Saudi Arabia, so that we can avoid a repeat of last year’s execution of 100 people? In the strategic dialogue with the Kingdom of Saudi Arabia, will the Minister press for the value of the sanctity of human life, a principle that we in this House all agree on?

[Leo Docherty]

I join the hon. Lady in vocally opposing the death penalty. That is at the core of all our diplomatic work so we entirely share that view. As she said, we do not know the exact details of this case, so it is not useful to speculate, but we can be sure that we continue to engage through our mission in Riyadh and other multilateral channels.

To answer the hon. Lady’s question directly, we are certainly no less robust than we were previously in our absolute determination to oppose the death penalty around the world, and at bilateral fora as well as multilateral fora. She mentioned the Arab League and the advent of Ramadan; that gives us even more urgency in the representations we make. We will continue to press and engage at the multilateral and bilateral level to oppose this practice.

Governor of Xinjiang: UK Visit

Debate between Leo Docherty and Catherine West

Thursday 9th February 2023 Commons Chamber

[Catherine West (Hornsey and Wood Green) (Lab)]

I thank the right hon. Member for Chingford and Woodford Green (Sir Iain Duncan Smith) for bringing this urgent question to the House. The issue of Xinjiang has been debated in both Chambers of this Parliament, and following a Back-Bench motion, Members of this House voted that genocide had occurred in this area of China.

In September last year, the UN high commissioner for human rights said that the treatment of the Uyghurs may constitute crimes against humanity, and this House has made clear its view that the treatment of the Uyghurs amounts to genocide. It is therefore deeply worrying to learn of the planned visit to the UK of the governor of the very province in which these outrageous and systemic acts have taken place. Has the Minister made an assessment of the relationship between Chen Quanguo, who is an international pariah, and this particular individual?

I am acutely aware of, and in principle agree with, the general points that the Minister has made about engagement. However, we have to be very robust with regard to human rights. Is the meeting essential to UK-China relations? I do not think it is. I fear that this planned visit to the UK highlights the serious lack of political leadership at the Foreign Office. The Minister knows the views of this House and should have made it clear that this meeting was ill-judged and inappropriate.

When were Ministers first made aware of the planned visit, and did it receive personal approval from the Foreign Secretary? What assessment has been made of the moral injury that this would cause to the Uyghur minority in this country, who have come to the Houses of Parliament to tell us of their suffering? Has this decision been informed by the moral injury that it will cause? Finally, will the invitation to visit the UK now be rescinded? What action will the Foreign Office take as a result of this urgent question?

[Leo Docherty]

I am grateful for the constructive tone and characteristic interest that the hon. Lady shows. Is this meeting essential? We judge that this might be an opportunity to send a very strong message to someone who is involved in the governance of Xinjiang. That is at the heart of the judgment that was made about this opportunity.

The hon. Lady asked when Ministers were aware. I know that Ministers were aware in the usual, routine way and made a judgment that, on balance, it was useful to endorse the prospect of officials engaging with this individual.

The hon. Lady makes a good point about the risk of moral injury. It is important to say that, with regard to this specific proposition, FCDO officials were keen to invite Uyghur human rights groups in the UK so that they have an opportunity to express their views to this individual as a means of delivering a very strong message of condemnation. That judgment was at the heart of the decision, but she makes a good point about moral injury.

The hon. Lady asked whether the invitation will be rescinded and, of course, it is not an invitation. The FCDO did not invite this individual. Our expectation is that he is travelling on a diplomatic passport. I am grateful to have been able to answer these questions, and I am grateful for her constructive spirit.

War in Ukraine: Illicit Finance

Debate between Leo Docherty and Catherine West

Thursday 17th November 2022 Westminster Hall

[The Parliamentary Under-Secretary of State for Foreign, Commonwealth and Development Affairs (Leo Docherty)]

It is a pleasure to serve under your chairmanship, Mr Efford, and to respond to the debate on the Government’s behalf. I thank all Members for a constructive and useful debate.

I am grateful to my hon. Friend the Member for Isle of Wight (Bob Seely) for leading the debate. I acknowledge his long-standing interest and expertise in this field. We are grateful to the members of the Foreign Affairs Committee for producing this extremely useful report. I hope the Government response shows that we regard it as a serious and useful piece of work, and that the overall tone of the response shows that we treat it as a grave matter that requires our urgent attention.

I was grateful for the contributions from the hon. Member for Bermondsey and Old Southwark (Neil Coyle), my hon. Friend the Member for Cheadle (Mary Robinson), and the hon. Members for Strangford (Jim Shannon), for Stirling (Alyn Smith) and for Hornsey and Wood Green (Catherine West). I should say that this topic lies in the portfolio of my departmental colleague, the noble Lord Ahmad; I am pleased to respond today on his behalf. I will try to cover off as many of the questions raised as possible, while giving some assurance that the Government’s response treats the issue extremely gravely and seriously.

The hon. Member for Hornsey and Wood Green asked about our approach to tackling the use of cryptocurrencies. We recently introduced legislation to tackle their use when it comes to sanctions. I will write to her, or have the noble Lord Ahmad write to her, with an update on that statutory instrument, which sought to ensure that the application of sanctions keeps pace with the developments in financial markets, especially when it comes to the use of cryptocurrencies and platforms such as Blender.

A number of colleagues asked about the use of offshore shell companies to purchase property in London. We are tackling the use of offshore shell companies. We are reforming the role of Companies House and improving transparency over UK companies and properties in order to strengthen our business environment and support our national security, while delivering a more reliable companies register to underpin what is important business activity.

The reforms will bear down on the use of thousands of UK companies and other corporate structures as vehicles for facilitating international money laundering, corruption, terrorist financing and the illegal arms movement. The reforms will include the identity verification of people who manage or control companies and other UK-registered entities; greater powers for Companies House to query and challenge the information it receives; enhanced protection of personal information provided to Companies House to protect individuals from fraud and other harms; more effective investigation and enforcement powers for Companies House; and better cross-checking of data. Those are some of the reforms; that is not the entire list. We are aware of the issue and we are tightening up the relevant legislation.

A number of colleagues mentioned the use of SLAPPs and eloquently painted a picture of how they are hugely detrimental to the fabric of civil life. We are committed to protecting free speech and the rule of law in this country; they are cornerstones of our democracy. We are clear that SLAPPs are an abuse of the legal system. They involve the use of legal threats and litigation to silence journalists, campaigners and public bodies. That is deeply detrimental to a free and fair media and to the freedom of individuals. Addressing SLAPPs is a key part of the Government’s work to combat corruption and kleptocracy.

Colleagues will know that earlier this year the Government ran a call for evidence on SLAPPs reform. Our response, published on 20 July, outlined plans for a legislative definition of SLAPPs and an early dismissal process, supported by a formal cost-protection scheme to shield defendants and neutralise the chilling effect of high costs. I am sure colleagues will be reassured to hear that, and we will keep colleagues updated as the process develops.

A number of colleagues mentioned tier 1 investor visas, which they will know are now closed to new entrants. The Home Office lead on visas. We are currently finalising the historical review of the tier 1 provision. We expect the response to be published in the near future. We recognise the interest in the issue, and it is a complex piece of work. The Home Office is of course looking at how to operate a safe and sustainable approach while also attracting investment. We have to get the balance right, but we are clear that any future system must make sure that settlement must be earned and not bought, through applicants actively engaging in the UK economy and delivering job creation and other tangible economic benefits. I hope that information is useful.

[Catherine West]

Is the Minister aware that just two weeks ago the Home Secretary mentioned in the House of Commons that a number of visas had been sold? She was referring to the change in policy, but I note the difference in the language that the Minister has used today. Will he clarify what the Home Secretary meant when she said that certain visas had been sold?

[Leo Docherty]

Although I am grateful for the invitation to speak for the Home Secretary, I am going to pass on that opportunity. The hon. Member might seek clarification from the Home Secretary herself.

We are proud that we have sanctioned more than 1,200 individuals and 120 entities since the start of Putin’s outrageous invasion of Ukraine. That includes sanctioning Russia’s major banks, as well as more than 120 oligarchs with a combined net worth of more than £140 billion. This was made possible due to cross-Government planning months before the Russian invasion. Our planning proved pivotal to the swift designation of individuals and the introduction of new measures within days of the invasion. The legislation enabled the Foreign Secretary to sanction more individuals and entities at a greater pace.

We are taking robust action across Government, and with our international partners, to ensure that sanctions are effectively enforced. That is done through the Russian elites, proxies and oligarchs taskforce, which brings together international partners to ensure the effective enforcement of financial sanctions implemented against Kremlin-linked elites and entities.