Russia (Sanctions) (EU Exit) (Amendment) Regulations 2022

Lord Ahmad of Wimbledon Excerpts

Thursday 24th February 2022 Lords Chamber

Moved by

[Lord Ahmad of Wimbledon]

That the Regulations laid before the House on 10 February be approved.

Relevant document: 30th Report from the Secondary Legislation Scrutiny Committee.

[The Minister of State, Foreign, Commonwealth and Development Office (Lord Ahmad of Wimbledon) (Con)]

My Lords, we laid this instrument to strengthen our response to the grave situation that we face today in Ukraine. Sadly, the need is now greater than ever. As stated by my right honourable friend the Prime Minister, we will be tightening the ratchet in response to Russia’s aggressive actions. Noble Lords will be aware that my right honourable friend will make a Statement in the other place at 5 pm today, where he will set out in further detail the work of this Government on this important issue. As noble Lords will also be aware, the Statement will be repeated here at a convenient time after 7 pm. Therefore, at this point in time, I cannot go into any further detail on the specifics of our response in advance of those Statements being made.

We are seeing the situation playing out as many of us feared it might. President Putin has used disinformation, lies and false flag activities to justify his unprovoked and unjustifiable invasion of Ukraine. Later today the United Kingdom, working with international partners, will bring forward an unprecedented level of sanctions to punish this aggression and persuade those around Mr Putin that this is frankly the wrong thing to do. We will continue to stand in solidarity with the Ukrainian people.

Sanctions announced by the UK and our allies are already having an impact, as we have seen today with direct impacts on markets and the rouble, which has stooped to a record low. These sanctions are impacting and will impact Russia. The institutions that prop Mr Putin up and the people around him should take note. The decision to invade a sovereign territory, Ukraine, is unjustified and will be met with an unprecedented and universal response, which is already under way.

Mr Putin has been clear that he wants to recreate a Russian empire and claim back places he defines as Russia, but these places he describes are sovereign states in their own right. Let us be absolutely clear: Ukraine is not part of Russia. The fantasy Mr Putin is trying to play out of tsarist expansionist Russia must be stopped now. I assure your Lordships that we will bring forward an unprecedented, co-ordinated sanctions response to punish this appalling decision.

For your Lordships’ information, I say that the G7 will meet later today to discuss the severe co-ordinated sanctions we will be imposing on Russia. Ukraine, of course, is not a NATO country, but we will help it with self-defence. We are talking with other leaders to co-ordinate our response, as well as our response when it comes to sanctions. The solidarity of NATO is clear. We stand together. That is why the UK and other NATO states have been moving troops to our NATO allies. We will continue to support the legitimate Government of Ukraine and, importantly, the people of Ukraine in their self-defence against this attack by Vladimir Putin. We will use every lever under our control in pursuit of that end.

The legislation follows the “made affirmative” procedure set out in Section 55(3) of the Sanctions and Anti-Money Laundering Act 2018. The statutory instrument amends the Russia (Sanctions) (EU Exit) Regulations 2019. It allows the Government to impose sanctions on a much broader range of individuals and businesses who are or have been involved in

“obtaining a benefit from or supporting the Government of Russia”.

These include those that, first, carry on business as Russian Government-affiliated entities; secondly, carry on business of economic significance to the Government of Russia; thirdly, carry on business in a sector of strategic significance to the Government of Russia; and, fourthly, businesses that own or control, or act as a director, trustee or equivalent of, one of these entities.

It is very clear from the events of last night that Russian aggression against Ukraine is part of a long-term strategy. If we give ground now, or we try to accommodate illegitimate Russian demands, Russia’s strategy of aggression—we fear—will not end here. Who will be next? Russia, if we were to give way, would be emboldened. President Putin’s focus would simply move on to the next target. What is being done is an attempt to turn back the clock to years gone by, and perhaps a mythical past, to rebuild the Russian sphere of influence. We must be absolutely firm in our response.

As my right honourable friend the Prime Minister will set out in more detail to the nation later this afternoon, what we do today will shape European security for many years to come. Together, we must rise to this moment, and we must stand united with Ukraine and with the people of Ukraine. In the Revolution of Dignity, it was the Ukrainians who risked their lives to choose freedom; they fought for democracy. I am determined that we will continue to support them in that choice which they made for themselves. I therefore commend the regulations to the House and would also share once again that it is our intention, as I said at the start, to go much further.

Amendment to the Motion

Moved by

--- Later in debate ---

During our discussions earlier this morning, no one will have been surprised that the photographs, pictures and newsreels from Ukraine were pretty appalling, and of course there will be a humanitarian crisis developing. Indeed, it has already developed: people are escaping the bombs, and I hope the Minister can assure us that we will take all possible steps to provide humanitarian support, particularly for those fleeing the conflict. I share the view about ensuring that we hit the Russians with the strongest possible economic sanctions, and the SWIFT financial mechanism is something we should obviously explore. I know the Minister will not be able to make any commitments today in advance of Statements and the consideration we will be giving tonight at 7 pm, so I will not carry on, but I reassure the Minister that he has our full support in the proposed actions that are to come.

[Lord Ahmad of Wimbledon (Con)]

My Lords, I am very grateful to all noble Lords for their support for the position of the Government, but to be frank it is the position, and rightly so, of our country, which stands united against the aggression of Vladimir Putin in terms of what has happened overnight. The noble Lord, Lord Pannick, made a specific point about what is in front of us—with his legal prowess, I know that is what he is focused on—but as I said in my opening remarks, events have superseded where we are today. While this was tabled, rightly, as a debate on what had already been laid before us, equally, as I have already alluded to, there is more to be done in this area. Statements that will be made later by my right honourable friend the Prime Minister will certainly detail the extent to which further action can be taken.

I can share with the noble Lords, Lord Foulkes and Lord Pannick, and others that we are also looking closely at the economic crime and corporate transparency Bill. The noble Lord, Lord Collins, knows that I have advocated strongly for this, and my right honourable friends the Prime Minister and the Foreign Secretary have recently reaffirmed the Government’s commitment to bringing it forward. This legislation will, of course, significantly enhance our ability to clamp down on dirty money in the UK by reforming Companies House, a point made by the noble Lord, Lord Wallace. It will also require foreign companies that own property in the UK to reveal their beneficial ownership, a point made by my noble friend Lord Robathan. As we heard from the Prime Minister on 2 February, we are committed to bringing this legislation forward; however, as I said at the start, there are certain things I cannot pre-empt, so I will not go further, but I assure noble Lords that that is very much on our agenda.

My noble friend Lord Balfe rightly raised various issues concerning people of Russian origin. I say at the outset that we need to be very clear that our argument is not with the Russian people. There are people in our country who are dual nationals—British nationals of Russian origin who are British citizens. Many of them are critics of Mr Putin, and I am sure I speak for every Member of your Lordships’ House when I say that it is completely wrong to in any way put everyone together. This is a clear action by President Putin, and that is what we should be calling out.

The noble Lord, Lord Browne, spoke about the implications for those individuals already mentioned. Of course, we are in the process of freezing assets and imposing travel bans on the individuals already named. He raised a wider point about the impact that our sanctions have had under various regimes. We have sanctioned 81 individuals and entities—for example, those involved in human rights violations. I think sanctions do have an impact. They send a very strong message to different parts of the world—whether in the context of human rights or as we broaden the issue to include corruption and illicit finance—that we are ready to take action, particularly on the assets of people who may be resident here in the UK, or indeed by restricting their travel. This does have an impact.

The noble Lord, Lord Foulkes, raised the issue of members of the Duma and the Federation Council. We are looking closely at those who voted in support of annexing parts of the two republics—the illegal annexation—and I will share information with noble Lords on specific names and institutions as we move forward. The noble Lord, Lord Wallace, asked whether the statutory instruments will apply to the OTs. I can confirm that they will automatically apply to the OTs and Crown dependencies, and we will be co-ordinating with them. The noble Lord knows from our time spent considering the Sanctions and Anti-Money-Laundering Bill the importance of pursuing public registers, as they have all now committed to doing.

The noble Lord, Lord Browne, the noble Baroness, Lady Smith, my noble friend Lord Balfe and others said that action must be co-ordinated in order to be effective. This has become part of my own mantra, as the noble Lord, Lord Collins, knows well: sanctions are only good enough when they are co-ordinated with our partners, and I assure noble Lords that we are working very closely with them. Yes, because of certain legislative extensions and broadening of legislation, there are certain sanctions we have not applied, but we are working very closely with our European partners, the United States, Canada and Australia to ensure that there is co-ordinated activity in this respect, and that international co-operation will remain at the heart of UK sanctions policy. We will continue to work very closely with the EU and other international partners to tackle these shared objectives. I assure the noble Baroness, Lady Smith, that, as I said in answer to a question earlier this morning, I recently discussed this specific point with the German Minister.

The noble Lord, Lord Wallace, asked about the Russia report, to which the Government have published their response. I listened carefully to his concerns, and he is right that we have seen the impact of Russian interference around the world and the cyberattacks that have been generated, to which my noble friend also referred. My noble friend also asked about support to Ukraine. Of course, we are working with them, but to be clear, when I met the Ukrainian Foreign Minister yesterday, as well as the physical intervention—which turned from an incursion into what is now an invasion of the sovereign territory of Ukraine—the issue of disabling all communications in Ukraine and how best we can mitigate such action was very much part of our discussions.

The noble Lords, Lord Foulkes and Lord Collins, and other noble Lords raised the issue of SWIFT and what could be imposed and what that would mean. What I can say at this juncture, without going into detail, is that, simply put, we have not ruled anything out in terms of sanctions. What we are proposing, and certainly what will be heard later, will be a toughening up of our sanctions regime. We are very conscious to identify all those entities and individuals with strong links to the Kremlin.

The issue of disinformation was also mentioned briefly. The Russian Government are—and since the events of last night continue to be—conducting an aggressive set of information operations against Ukraine and, indeed, NATO. It was that particular disinformation that they used as a trigger to launch the invasion into the sovereign republics of Ukraine.

The noble Lord, Lord Cashman, raised an important issue about human rights. He knows how central this is to my own thinking. On Monday, I hope, events prevailing, to be at the Human Rights Council, where I will have various discussions with key partners on what more we can do within the context of the multilateral system. The noble Lord is, of course, right that the issue of human rights within Russia has been a particular challenge. Indeed, my noble friend talked about the opposition within Russia. We do not need to go further than the appalling treatment of Mr Navalny to see how Mr Putin has first suppressed internal opposition and has then moved, as we saw last night, to suppressing democratic progression in other near neighbours.

I assure the noble Lord, Lord Cashman, that we are using our sanctions regime. Indeed, in December 2020, we announced designations of Russian individuals and entities responsible for the torture and murder of members of the LBGT community in Chechnya specifically. In that regard, I thank the noble Lord and the noble Lord, Lord Collins. We have worked very closely on these issues, and they remain very much at the forefront of our mind.

On the broader issue of freedom of religion or belief, we have again seen the appalling suppression of the rights of Jehovah’s Witnesses, for example, in Russia, and we will continue to focus with our international partners on how we can act further in this respect.

I said at the start of this debate that events had overtaken us. Rightly, we need now to look at the here and now. In doing so, what my right honourable friend will detail later today will reflect many—

[Lord Foulkes of Cumnock (Lab Co-op)]

I wonder if the Minister can just deal with the question laid by the noble Baroness, Lady Smith, and me about the Council of Europe.

[Lord Ahmad of Wimbledon (Con)]

I was very much coming to that. I met John Howell and discussed what our approach should be. Again, this was in advance of recent events. As the noble Lord and noble Baroness will know, I regard the Council of Europe as an important way of engaging with those countries which perhaps we would not normally engage with through other institutions. The issue of whether Russia should remain part of it will, of course, be a matter for the Council of Europe. I have noted very carefully what the noble Lord has said in this respect.

One thing that I have always retained from my own experience of diplomacy is the importance of continuing to communicate in some shape or form. What was very clear to me with Russia yesterday at the United Nations was that when the Secretary-General of the United Nations rightly—I am sure noble Lords agree—condemned Russian actions, and this was in advance of what happened last night, even he became the subject of extreme criticism from the Russian representative. That was coming from a P5 member of the Security Council of the United Nations, which was set up to ensure that we address the scourge of aggression and conflict.

Let us not forget in particular the aggression and conflict that took place in Europe. Sitting there in the chamber and listening to what was unfolding in front of us, it was very clear. In my later meeting with the Secretary-General, he again reflected that this was perhaps the biggest challenge he had faced during his tenure, not least because it was being initiated by a permanent member of the UN Security Council, a body that was created to address conflict and sustain peace.