Sanctions and Anti-Money Laundering Bill [HL]

Lord Ahmad of Wimbledon Excerpts

Committee: 2nd sitting (Hansard): House of Lords
Wednesday 29th November 2017 Lords Chamber

[Lord Faulks (Con)]

My Lords, I note the nature of the amendment and the final provisions in the Bill in Clause 51(3). I was at one stage a Minister with responsibility for the Crown dependencies, so I am acutely conscious of the particular constitutional relationship between the United Kingdom and the Crown dependencies. As I understand it, we do not normally legislate without their express consent. I wonder whether that is why the Bill is framed as it is. However, I look forward to hearing the Minister’s response on this.

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

My Lords, I thank the noble Lord for tabling this amendment. The noble Baroness, Lady Northover, talked about the Joint Ministerial Council; as a Minister for the Overseas Territories, today has been one of those days when I find myself shuttling between the Joint Ministerial Council and your Lordships’ House. I can confirm to the noble Baroness that this issue—and other elements that relate to the departure of the UK from the European Union—is very much on the agenda of our discussions with the overseas territories. Indeed, as we speak, my honourable friend Minister Walker is hosting a session with them on the implications of the United Kingdom leaving the European Union. The noble Baroness raised issues on guidance and I will certainly take back the issue of where we can clarify certain elements.

I will pick up on a couple of points so I can clear them at the start. In his intervention, my noble friend Lord Faulks—

[Lord Collins of Highbury (Lab)]

As a matter of information, it is our amendment.

[Lord Ahmad of Wimbledon]

I am fully cognisant of that. I meant no discourtesy to noble Lords on the Opposition Front Bench; I thought it appropriate to give the context of what I was going to say. The clarification that my noble friend provided from the outset is exactly why the particular clauses have been framed as such.

I will now take up what the noble Lord, Lord Collins, has just pointed out. The amendment is in the names of the noble Lords on the Opposition Front Bench. I thank them, as I did at the start. I believe that I came to the noble Lord, Lord Lennie, first—we will have to check Hansard on that—to thank him for tabling the amendment.

Clause 17 sets out which persons can be bound by sanctions regulations, in the UK and elsewhere. It also confirms that prohibitions or requirements can be imposed on any conduct in the UK, including UK territorial waters, or on any UK person anywhere in the world. This clause is consistent with the way the UK currently implements sanctions as part of the European Union. If noble Lords are interested, further detail is provided in the White Paper we published in April.

Clause 17 also allows for Her Majesty, by an Order in Council, to extend the effect of sanctions to bodies incorporated or constituted under the law of any of the Channel Islands, the Isle of Man and any of the British Overseas Territories. This amendment would remove the ability of Her Majesty to make an Order in Council in respect of corporate bodies registered in the overseas territories and Crown dependencies. Instead, it would require that, when UK Ministers legislate to create sanctions in regulations, these bodies would automatically be caught.

When introducing this particular amendment, the noble Lord referred to the overseas territories in a very generic way. I have had the good fortune of visiting one or two of them—somewhat tragically in the aftermath of the hurricanes that hit—and generalising all our overseas territories in a particular way is not something I would subscribe to. They provide some incredible potential. For example, I am not sure how many Ministers partake of lobster, but apparently Tristan da Cunha has the best lobster in the world. On a more practical note, we have done some incredible work with them on marine protection and building sustainable economies.

I make that point because it is important to recognise the role that our overseas territories play. However, I agree with the point the noble Lord raised that the overseas territories and Crown dependencies must follow the UK Government’s foreign policy, including the sanctions we apply, and that bodies incorporated or constituted in these jurisdictions must also be bound by sanctions. The Foreign Office—to confirm what I said at the start to the noble Baroness, Lady Northover—has discussed the Bill with the overseas territories and Crown dependencies, and they also accept this point of principle.

However, there are constitutional considerations that affect the way sanctions are implemented by the overseas territories and Crown dependencies. As my noble friend Lord Faulks pointed out, at the moment all Crown dependencies—Jersey, Guernsey and the Isle of Man—legislate on their own behalf, as do Gibraltar and Bermuda. We anticipate that these jurisdictions will seek to continue to do so—save, possibly, for a transitional period. We legislate for some of these jurisdictions directly through Orders in Council. However, as I have said, other jurisdictions legislate for themselves.

The Bill is drafted in a way that reflects this reality. It is consistent with the current implementation model for UN and EU sanctions, as well as measures under the Terrorist Asset-Freezing etc. Act 2010. To change this model would depart from current practice and we do not see a compelling case for this. With that explanation—and the assurance I have given to the noble Baroness on the valid point she raised about the Law Society, which I will certainly look at again—I hope that the noble Lord will be minded to withdraw this amendment.

[Lord Lennie]

I thank the Minister for that answer. We will consider, read carefully what he said and, perhaps, come back to it. In the meantime, we will seek leave to withdraw the amendment.

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[Lord Judge (CB)]

Without this amendment, we are leaving a recipe for lethargy, which is inappropriate. We need it so that the court will get hold of the complaint, if one is needed, as soon as practicable.

[Lord Ahmad of Wimbledon]

My Lords, I thank the noble Lord, Lord Pannick, and the noble and learned Lord, Lord Judge, for tabling this amendment, and I thank other noble Lords for their contributions. Perhaps I will disappoint the noble Lord, Lord Pannick, somewhat by saying that I agree with the substance and constructive nature of the proposal before us. When the noble Baroness, Lady Northover, started talking about “shortly” and so on, I was reminded of my time as the Aviation Minister and the occasion when an announcement on Heathrow Airport was pending—but we got there.

In that mood, let me outline the Government’s position on this amendment. When a request is received from a designated person to vary or revoke their designation, the appropriate Minister should ensure that they make their decision as soon as is reasonably practicable. As sanctions are applied without giving those sanctioned the opportunity to make representations, and because they have serious consequences on the individuals concerned, it is important to ensure that mistakes are rectified swiftly.

As sanctions are intended to change behaviour, it is also important that people should be able to have their designation revoked if they change their behaviour. Clause 19 therefore provides a quicker and less costly option than going to court. It will also have the advantage of keeping unnecessary pressure off the courts and potentially reducing costs to the taxpayer. The reassessment process exists to allow designated persons to seek swift redress when wrongly designated—and I can assure noble Lords that the Government fully intend to act promptly to requests for reassessments.

I shall certainly reflect on the amendment. I have listened carefully to noble Lords, who have made a compelling case for us to look at our position. With the assurance today that we will look at the amendment again—although it is only an assurance at this juncture—I ask the noble Lord, Lord Pannick, to withdraw his amendment.

[Lord Pannick]

I am grateful to the Minister. I look forward to hearing from him before Report that the Government are able to move on this matter. He has heard the views that there is no basis for not including this in the Bill. I hope this is the first of many amendments today that he will see the wisdom of. On that basis, I beg leave to withdraw the amendment.

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[Lord Lennie]

My Lords, we have heard, and the noble Lord, Lord Pannick, has repeated, the gravity of the consequences of sanctions on the lives of individuals and dependants upon them. Three years is a very long time, particularly if the designation is wrong or if behaviour has changed and they are now compliant. Therefore, we ask that the three years be reviewed and replaced by one year. It cannot be left for a length of time without a review taking effect. The Minister has the right to review. The individual has only one possibility of an application review. Therefore, we ask that this become automatic in the Bill.

[Lord Ahmad of Wimbledon]

My Lords, I thank the noble Lord for tabling this amendment. The noble and learned Lord, Lord Judge, sat down before making a further point. I was reminded not of Richard III but of Oliver Twist, who wanted “more”.

On this particular point, Clause 20 is one of a number of safeguards, as I am sure noble Lords have seen, within the Bill that provides for designated persons and requires the Government regularly to conduct a thorough re-examination of designated decisions. The Government must, as we have heard from noble Lords who have spoken through this short debate, conduct this review at least every three years. The noble Lord, Lord Pannick, has rightly raised the issue, and I accept the point, that the EU carries out reviews more frequently. However, Clause 20 should be considered as part of a system of safeguards that the Government have built into this Bill which I believe will provide at least an equivalent, and in some respects greater, level of protection to that afforded to individuals designated by the European Union.

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[Baroness Northover]

In the Explanatory Notes accompanying the Bill, it is mentioned that sanctions apply to about 2,000 people. That does not seem a huge number of people where one might need to make this kind of assessment.

[Lord Ahmad of Wimbledon]

I am not quite sure what the noble Baroness’s question is.

[Baroness Northover]

The Minister was saying that this was very onerous. I am aware that there is discussion elsewhere in the Bill of immigration status conflicting with those who have had sanctions imposed upon them. Obviously, when one is dealing with immigration status, one is dealing with very many people, but the point made in the Explanatory Notes is that one is not dealing with a large number of people here or a large number of sanctions provisions.

[Lord Ahmad of Wimbledon]

I think I understand the noble Baroness’s question, but, notwithstanding the issue of numbers alone, Clause 20 lays out a process which the Government perceive to be more efficient than that currently adopted by the EU.

[Lord Pannick]

My Lords, I thank the Minister for his response. It is disappointing. I am not persuaded. As the noble Baroness pointed out, a limited number of people are involved here, and surely the time and the resources are justified by the significance of the sanctions imposed. It is right and proper that sanctions of such significance should be reviewed more often than every three years.

The Minister says that the individual can seek a review, which is right, but the individual can do so only if there is a significant matter known to the individual not previously considered by the Minister. There may well be material in the files available to the Government which is not known to the individual. The Minister says that the individual can go to court, but it is the same under the EU system: you can go to court but the whole point of the Bill is to encourage court procedures as a last resort.

The Minister’s other point was that there is a sanctions review every year, but as I understand it—the Minister will correct me if I am wrong—that is not a review of individual cases but a review of the structure of the system, so for my part I do not see that that adds to the debate.

I will reflect on what the Minister has said, and I hope that he will reflect on this debate before Report, but we may well come back to this on Report. For the moment, I beg leave to withdraw the amendment.

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[Baroness Northover]

My Lords, these amendments in the name of the noble Lord, Lord Collins, helpfully make much clearer the commitments that Ministers must make to review the regulations they have put in place, giving a time by which this must happen and more detail on what they should include. They would, indeed, as the noble Lord has indicated, make these reviews more transparent and accountable and we are happy to support them.

[Lord Ahmad of Wimbledon]

My Lords, they say that generosity defines the spirit of a person, so perhaps I can be slightly more generous than noble Lords may perceive. The noble Lord, Lord Collins, is quite correct: we have talked about this issue, and sanctions, we all accept, can be an effective tool of foreign policy and national security, but I also accept that they can have serious implications, not only for those directly designated but also for businesses and charities operating in particular areas.

Foreign policy priorities can change frequently. It is therefore important that Ministers regularly revisit the decision to apply sanctions regimes to political problems and security challenges, and also consider carefully whether the sanctions are having the intended purpose, whether there are unintended consequences and what adjustments might be needed to achieve the desired effect.

Clause 26 therefore requires the Government to carry out a political review of its sanctions every year. The EU also carries out annual reviews of its sanctions regimes. The purpose here is to consider whether the sanctions should continue unchanged or be amended. If there is a published outcome, it is simply confirmation that the legal Acts have been renewed or amended. We have in mind a similar model for the UK; the annual review would be mainly an internal policy exercise, rather than a report for external publication. If the Government decided as a result to amend the sanctions regulations, this would involve a process of parliamentary scrutiny through which we would set out the rationale. Of course, the Government would always respond to Parliamentary Questions about specific areas of policy through the usual channels.

That said, I have listened very carefully to the noble Lord, Lord Collins, and we are looking at the amendment specifically. I will reflect on the proposal in that regard. He made the helpful suggestion that, between Committee and Report, we meet again to work out some of the perhaps necessary parameters. I know he appreciates national security issues and other such issues. I hope, with the assurance that we will reflect on his proposal, the noble Lord is minded to withdraw his amendment.

[Lord Collins of Highbury]

I thank the Minister. I am going to take that as his continued giving mood and I certainly would welcome a meeting. If you are going to have a political review, I do not see how it can be limited to the Executive; Parliament needs to be involved. I therefore welcome his comments and, in light of them, beg leave to withdraw the amendment.

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[Lord Lennie]

My Lords, I had not realised that there would be quite such a debate on the application of the rule of law, but I am now aware that it is an important matter. When a sanction’s designation is in place, and a review has been requested but denied by a Minister, the court here will have the authority to set aside the designation if the Government are found in breach of the applicable principles. That is entirely appropriate and sensible. I support the amendment.

[Lord Ahmad of Wimbledon]

My Lords, I thank the noble Lord for tabling the amendment and all noble Lords for their contributions.

I agree that appropriate remedies for designated persons are vital, but the Bill achieves this. However, since some noble Lords have mentioned comparisons with other systems of challenges—there was reference to the EU—it is worth emphasising how this Bill has been designed to reflect the current procedural protections for designated persons that exist in the European Union.

As the noble Lord acknowledged, I stated at Second Reading that the proposed threshold of “reasonable grounds to suspect” for designations is the same standard that the UK currently uses when considering designations at the EU and the United Nations. It is broadly equivalent to the threshold applied by EU courts. The Bill then provides a system for reviews and reassessments. Where those lead the appropriate Minister to decide that designation is not appropriate, they must take remedial actions. As I indicated in a previous debate, these provisions provide at least an equivalent level of protection to that afforded to individuals designated by the EU.

I agree with the noble Lords that designations should be put in place and maintained by the United Nations only if there is a sound basis to do so. I can assure all noble Lords—the noble Lord, Lord Pannick, in particular—that, as a permanent member of the UN Security Council, the UK makes this point consistently. The Bill provides a route for persons designated by the UN to bring a challenge in UK courts. As the noble Lord stated, if the court finds that the decision of the Secretary of State not to use best endeavours to secure an individual’s delisting at the UN is unlawful, the court may order the Secretary of State to do so.

However, as the noble and learned Lord, Lord Brown, also pointed out, this matter is slightly more complex. As a member state of the UN, we are legally bound to implement decisions of the United Nations Security Council taken under Chapter VII of the charter. If a person has been designated by the UN, the UK is bound by international law to maintain sanctions against the person unless and until the UN Security Council agrees to remove this designation. Again, as the noble and learned Lord pointed out, as set out in Article 103 of the UN charter, these UN obligations take precedence over obligations under any other international agreement, such as those in the European Convention on Human Rights.

I recognise that in the past—as the noble Lord, Lord Pannick, referred to—the EU court has occasionally made rulings striking down EU designations in place to implement UN sanctions. The UK’s position has consistently been firmly that it should not do so and the UK has made this point in submissions to the EU courts in the Kadi case. The EU courts adopting this approach does not change our analysis of the position. The EU is not a signatory to the UN charter and is therefore not bound by its terms—we are. It is not correct to say that this will leave a person in the UK in a worse-off position than a person in another EU member state. All the other member states of the European Union are also signatories to the UN charter, and are bound by it. If there is no EU law in place to implement a UN designation, those countries would need to take alternative steps, for example under their own domestic law, to remain in compliance with their UN obligations. The noble and learned Lord, Lord Brown, has just reflected that we have done this in the UK in the past. When, in 2010, the Supreme Court in the case of Ahmed ruled that an order putting UN counterterrorist sanctions in place was ultra vires, we created domestic legislation—the Terrorist Asset- Freezing etc. Act 2010 to ensure that the UN sanctions remained in place.

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[Lord Judge]

I will not add very much, but I am beginning to think that there is a computer in every department which produces a Henry VIII clause at least once in every Bill. That is what we have here. This is not belt and braces; it is belt, braces and Henry VIII’s great big heavy boots. We do not want it.

[Lord Ahmad of Wimbledon]

The noble and learned Lord made me imagine Henry VIII’s boots for a moment.

As regards thinking, I am forever thinking; I think it is a good thing to do. The Government are reflecting very carefully on all elements of the arguments noble Lords are putting forward on these amendments. I will say at the outset that I can see that a number of these amendments gather around a central theme—namely, the appropriate roles of Parliament and the Government when creating and implementing future policy on sanctions. I assure noble Lords that I recognise that this is a difficult balance to strike. As power flows back to the United Kingdom from the European Union —I say to the noble Baroness, Lady Northover, that it is a case of “when” we leave the EU—it will not be appropriate to simply follow the model in the European Communities Act 1972, where decisions of the EU either apply directly in UK law or are implemented through statutory instruments following the negative procedure.

I assure noble Lords that we have tried hard to strike the balance correctly in this Bill and ensure that Parliament has the right level of oversight of the Government’s exercise of sanctions policy. For example, we have ensured that the UK autonomous sanctions regulations must be approved by Parliament before they are put in place. I continue to listen very carefully to the points that have been made about the need for proper parliamentary scrutiny. I assure noble Lords that I will continue to reflect on those points—and not just in respect of these amendments.

It is perhaps worth remembering that sanctions are, in essence, as I have said repeatedly, a matter of foreign policy and national security, which fall more to the Government than Parliament. This was recognised by the great constitutional lawyer A V Dicey, who wrote that the “right of making treaties” was,

“left by law in the hands of the Crown, and are exercised in fact by the executive government”.

That is also the practice in other western countries with national sanctions regimes and legislation, such as Canada and Australia.

On the amendment we are discussing, it is important to recognise that the imposition of sanctions is not a punishment but an attempt to change the behaviour of those who are acting in a threatening or unacceptable manner. That is why the provisions provide ways of suspending, amending and revoking sanctions. Iran is an example of where sanctions have been suspended. Under the 2016 nuclear deal, Iran sanctions can be “snapped back” by the EU if there is a breach of the international commitments made by Iran in relation to nuclear development. Noble Lords will be aware that those suspension arrangements were part of a delicate political balancing act, which the UK is working hard with the EU and other partners to preserve.

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[Lord Falconer of Thoroton (Lab)]

I thank the Minister for his detailed explanation. Does the Henry VIII power in Clause 44(2) allow the Government, by regulations, to remove protections that an individual has under other primary legislation in relation to sanctions, for example under the Human Rights Act 1998?

[Lord Ahmad of Wimbledon]

My understanding is that the regulations would apply only to the sanctions themselves, but I shall clarify that legally as well in answer to the noble and learned Lord and return to the specific issue on Report.

[Lord Falconer of Thoroton]

Will the Minister write to me, so that we know the Government’s position before Report?

[Lord Ahmad of Wimbledon]

Perhaps I was not clear: that was exactly my intention. I do not want to say something from the Dispatch Box that is not accurate, so I will write to the noble and learned Lord on that particular point.

[Baroness Sheehan (LD)]

I am a little intrepid in saying this as I am not a lawyer or a constitutional expert but this seems to be a Bill that, from a layman’s point of view, lets the Government give themselves great powers through the way it designates individuals, connecting persons through descriptions, through definitions of involved people and through clauses that give powers to amend. These include Clause 39, which gives power to amend all of Part 1 so as to authorise additional sanctions, and Clause 44(2), which gives sweeping Henry VIII powers to amend, repeal and revoke amendments and enactments. To me, this seems like Jekyll and Hyde legislation. You think you are getting one thing, yet there is every ability within the proposed Act to change itself into something quite different.

I was quite concerned in last week’s debate, when my noble friend Lady Bowles talked about how Acts could be used for unintended purposes. I recall the case of Maya Evans, who read out the names of 97 British soldiers during the remembrance ceremony at the Cenotaph in 2005. Although it was a very innocuous statement that she was making—she was protesting against Britain being taken into the Iraq war; she felt that it was illegal—she was arrested and was the first person in the UK to be convicted under the Serious Organised Crime and Police Act 2005. Also in the same year—I might embarrass the Labour Benches here—Walter Wolfgang was forcibly removed from the Labour Party conference. Again, he wanted to protest about the Iraq war, and shouted out “Nonsense!” and “That’s a lie!” during a speech made from the conference platform by Jack Straw. He was ejected and was stopped from re-entering the conference hall by a police officer citing the Terrorism Act.

From my point of view as a lay person, I am fully supportive of the well-informed noble Lords here who are leading the charge to make sure that the Bill does what it says on the tin and does not turn into a Jekyll and Hyde Bill.

[Lord Pannick]

Whether I am well informed or not, can the Minister confirm that in his response on Amendment 72 he gave a reassurance to the Committee that these powers would be used only when necessary? That was the word he used on more than one occasion. He will remember an earlier debate we had in this Committee on whether that word should be written into an earlier clause. If with the aid of parliamentary draftsmen “necessary” could be written in to confine the use of that power, it would mitigate substantially my concern about Clause 44(2); I speak only for myself. Perhaps the Minister and the Bill team could reflect on that before Report.

[Lord Ahmad of Wimbledon]

To pick up on that final point, of course we will. I confirm that I used “necessary”. As regards the intervention from the noble Baroness, perhaps I did not quite follow her whole argument—various rules were in play—but I got the general principle that she was in support of the powers that are being conferred. As I said right at the beginning, laying it out in quite a lot of detail, I totally accept the point about the Henry VIII powers—the use of secondary legislation rather than primary legislation—which we have debated several times. Certainly, from our perspective as the Government—that is true not only of ourselves but of previous Governments as well—there is a point in principle that we try to strike a balance. Therefore I am listening carefully. On the specific point that the noble Lord made at the end, I will take that back and see how it can be adapted.

I am in reflective mode, as several noble Lords have noted during some of the earlier debates in Committee. However, on this group of amendments, I hope that after the explanation I have given the noble Lord will be minded to withdraw his amendment.

[Lord Collins of Highbury]

I agree with many noble Lords who have decided to come back to the Minister before he sat down. His response has been disappointing. These are clearly issues of principle that we will return to. I find it amazing that often, when the Minister gives examples of how difficult it would be to do X or Y, they do not appear that difficult. You can give a reason why sanctions need to be revoked. At the end of the day, whatever Crown powers or executive powers there are, the political reality is that these figures work when there is consent—when people buy into them. We are attempting to ensure that the Executive do not act with untrammelled powers and that they have to account for their actions and explain them. If Parliament then gives its support and consent, those actions and powers become more effective. That is what this debate is about today. We will certainly return to this issue on Report, but in the light of the comments the Minister made to the noble Lord, Lord Pannick, I beg leave to withdraw the amendment.

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[Baroness Northover]

My Lords, I was rather intrigued by the Minister’s definition of sanctions as being something little more than a gentle nudge. I found myself thinking about—

[Lord Ahmad of Wimbledon]

It is certainly not a gentle nudge. What I was alluding to is that the ultimate purpose behind sanctions is that they should not exist for an indefinite period of time. It is about changing behaviour. As I noted in the example that I gave of Iraq, there are times when we could use these to very good effect to ensure, with people’s behaviour—be they individuals, corporations or, indeed, countries—that sanctions act as an effective, and deterrent, tool.

[Baroness Northover]

I am glad to have that further clarification. My eyebrows rather rose at that and I was wondering, speaking of what is benign, what my kids would have made of being sanctioned and having their PlayStations removed. They would not regard that as particularly benign. But, very seriously, it is quite striking how leaders around the world with sanctions on them strive hard to get them lifted, so I am glad to have that clarification.

I propose that Clause 35 does not stand part of the Bill. We have a series of such proposals through the Bill, as the Minister will be aware. We have had a wide-ranging discussion just now. I appreciate the efforts to improve things made by the noble Lord, Lord Collins. However, it still seems to us that this clause remains unacceptable, even if amended in the way that he proposed. That is why we propose that it does not stand part of the Bill.

Just as we wish to ensure that the imposition of sanctions is done in a way which is appropriate, transparent and accountable, so too should be the suspension of sanctions. No one here would wish to see the UK as a harbour for those not wanted elsewhere, but we must not give future Ministers the power to do that either. We feel that these powers are wide and vague, and bearing in mind that the secondary legislation coming down to us will include—as the noble and learned Lord, Lord Judge, pointed out last time—many things with which we would no doubt agree, which are then jeopardised should we take the very unusual action of voting down the SI, we need to read the Bill in that light. For example:

“The period begins when a specified condition is met and lasts for so long as the suspending regulations or a specified provision of those regulations has effect”.


That would catch a large number of things. Although the noble Lord, Lord Collins, sought to help the Government regarding the amendment we have just debated, we feel that the Government should think again over the whole clause.

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[Lord Ahmad of Wimbledon]

My Lords, it is important to recognise that the imposition of sanctions is not just a punishment but rather an attempt—as I have articulated in relation to an earlier comment by the noble Baroness—to change the behaviour of those who are acting in a threatening or unacceptable manner.

I state clearly that Clause 35 on suspensions is important. It gives Ministers the ability to provide relief from sanctions to countries, organisations and, yes, individuals where there is evidence of positive steps towards the desired change of behaviour. The ability to suspend sanction measures, rather than fully lifting them, allows Ministers to recognise moves in the right direction while maintaining a credible threat that sanctions can be easily reimposed. We know from past experience that this is an option worth having; thus I believe this clause should stand part of the Bill. I hope the noble Baroness will accept the response I have given, which makes the point that the Bill, at its essence, through Clause 35 provides for the suspension of particular sanctions to ensure that those seeking to improve their behaviour are given an opportunity to prove it. This should be without having the immediate comfort of knowing that their sanction has been not only suspended but lifted altogether. Not having Clause 35 would prevent Ministers from having this very important tool available to impose that kind of suspension.

Clause 35 agreed.

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[Lord Ahmad of Wimbledon]

My Lords, I thank the noble Lord, Lord Collins, for tabling this amendment. I agree that sanctions are not the first port of call, a point I have made in previous debates in Committee. The amendment specifically deals with the decision to lift sanctions, and it merits close scrutiny based on a careful assessment of whether the sanctions have achieved their political objectives, as the noble Lord said.

The amendment seeks to oblige the Government to issue a written memorandum alongside any regulation revoking sanctions which would set out the rationale in terms of the original purposes of the sanctions as outlined in Clause 1. While I agree with the important principle of parliamentary scrutiny, I believe that the Bill as drafted provides an appropriate level of scrutiny.

Let me elaborate, if I may. In the case of UN sanctions, revocation would be an automatic response to a decision of the UN Security Council. We can assume that the reasons for the lifting of sanctions would be clearly understood, making a report unnecessary. In the case of UK autonomous sanctions, the regulations could only be revoked using the made-affirmative procedure. The Government would also need to explain the rationale for lifting sanctions and would do this when presenting the said regulations. The explanations provided by the Government would cover the areas proposed in the amendment. However, the Government would need to be careful about putting the full details of the UK’s strategy in the public domain. I know the noble Lord appreciates that point.

This means that, although we support the principle of transparency, obliging the Government to issue a full written memorandum, as proposed by the noble Lord, would be inappropriate. With that explanation, I hope the noble Lord is minded to withdraw his amendment.

[Lord Collins of Highbury]

I am not sure whether that is a cup half-full or half-empty sort of response. However, I shall take it away and consider it. I beg leave to withdraw the amendment.

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[Lord Collins of Highbury]

My Lords, I think this is one area where the Minister will have to be in his giving mood, because there is very strong opinion on it across the Committee. What the noble Lord, Lord Faulks, said is absolutely correct: it is a “just in case” clause. What if this happens? What if that happens? If things happen, there is a process and a procedure and the noble Lord, Lord Pannick, said it quite explicitly: bring in laws to deal with it; bring in a Bill that addresses those specific concerns. If it is an urgent situation that we had not thought of, there are processes and procedures we can adopt.

As my noble and learned friend said, there is an opportunity here for what he calls “pesky lawyers”. I am always cautious—whenever I dealt with lawyers in my life I always took the precaution never to ask a question I did not know the answer to. That is the situation here. Because you cannot think of the circumstances, but there may be circumstances, you say, “Let us put it in the Bill”. I am sorry, that is not acceptable. There is a consensus across the board on this and it is even a clause on which, as the noble Baroness, Lady Northover, said, the Constitution Committee and the Delegated Powers Committee are as one, as they are not on other clauses. So I fear this is one issue about which the Minister will have to think again.

[Lord Ahmad of Wimbledon]

My Lords, I thank all noble Lords for their contributions on this clause. I am hearing the message loud and clear, but in doing so I need to pick up on a few points as to the motive and the intent behind the clause. I appreciate the clarification by the noble and learned Lord, Lord Falconer, of the Government’s motives. I will not comment on his description of lawyers; it would be entirely inappropriate for me to do so. However, he makes a valid point about the explanation and it is appropriate to explain the Government’s intention behind the clause.

The clause will allow the UK to make amendments to the Bill, as noble Lords have mentioned, to allow for the imposition of new and unforeseen sanction measures, a point well made by my noble friend Lord Faulks. The power is confined to new types of sanctions and cannot be used to alter the purposes for which sanctions can be imposed. I should explain what I mean by new types of sanctions. Common types of sanction include asset freezes, travel bans, arms embargos and prohibitions on aviation and maritime transport. These are included in the Bill. However, the international community sometimes finds it necessary to develop and deploy new types of sanctions. Indeed, a recent example is the UN sanctions imposed in respect of North Korea. That resolution requires that UN member states do not grant work permits to North Koreans save where the UN agrees, in advance, on a case-by-case basis. Prior to the UN’s putting in place that sanction, such a sanction did not exist. There may be times in the future when a currently unforeseen type of sanction would again be appropriate.

[Lord Pannick]

I am sorry to interrupt the Minister but if the new type of sanction is to be imposed because the UN has considered it appropriate, it surely falls within Clause 7.

[Lord Ahmad of Wimbledon]

I think I mentioned Clause 7 in the preamble, but the noble Lord is correct. I was going on to say that, while Clause 7 would allow the UK to adopt new types of sanction when mandated by the UN, there may be times in the future when the UK needs to act outside the direct auspices of the UN.

Without the power provided by Clause 39, the UK will not be able to deploy these types of sanction without first passing new primary legislation. I have heard that point very clearly from noble Lords. That could significantly hinder our ability to co-ordinate sanctions with allies at times when UN action is not possible for political reasons. I alluded to the circumstances in earlier debates. This would risk the UK becoming the weak link in co-ordinated international responses to international crises of the kind we have seen in the Syrian civil war and Russia’s annexation of Crimea.

I also agree that it is important to give Parliament its assent when new powers are bestowed on government. That is why this clause provides that the draft affirmative procedure be used in these circumstances. In proposing that this procedure be followed—I come back to a point I made in earlier debates—the Government have sought to balance the twin demands of ensuring parliamentary scrutiny and ensuring rapid international responses.

That said, I will make two points, first on the substantive issue. I have again indicated the Government’s willingness to listen. The noble Baroness, Lady Northover, among others, rightly made the point about the reports that have been produced by both the Constitution Committee and the Delegated Powers and Regulatory Reform Committee. Indeed, they have made a similar point to that which has been debated in this House and we will be responding to those reports shortly. Therefore, I will take this back and look at the sentiment and the strength of opinion that has been expressed in this House.

On the point made by the noble Lord, Lord Pannick, and the noble and learned Lord, Lord Hope, on the drafting of Clause 39(2), while I am not a lawyer, I was looking specifically at the drafting as the noble Lord spoke. It is extremely important that we look at that again and I will take that back to ensure the drafting reflects the intent behind Clause 39. With that proposal, I hope the noble Lord will be minded to agree to the clause standing part of the Bill.

Clause 39 agreed.

--- Later in debate ---

[Lord Paddick (LD)]

My Lords, in asking that Clause 40 should not stand part of the Bill, we seek the clarification that I asked for at Second Reading, and failed to receive from the Minister, about Clause 40 and the power to make provision relating to routes to challenging decisions with immigration implications. Noble Lords will know that the Bill gives powers to Ministers to impose sanctions. Among them are immigration sanctions or the power to designate persons as “excluded persons” for the purposes of Section 8B of the Immigration Act 1971. In essence, part of the sanctions package could be either to remove designated persons from the UK or to prevent them entering the UK. The Bill provides a mechanism for those affected to ask for the decision to impose sanctions to be reviewed, initially by a Minister and subsequently by the courts—the Court of Session in Scotland and the High Court in the rest of the UK—which could include the decision to designate an individual an excluded person. This would, in effect, be an appeal against the decision to impose the sanction.

An excluded person could, alternatively or in addition, claim that they have a right to asylum in the UK or that their human rights would be infringed if they were returned to their country of origin or refused entry to the UK. This would, in effect, be an appeal against the consequences of the imposition of the sanction, rather than against the decision to impose the sanction itself. It is important that these two potential routes to challenge being designated an excluded person—either the decision to designate or the consequences of being designated—are dealt with separately and appropriately. My understanding is that that is what Clause 40 allows the Government to do, by regulation.

However, Clause 40 is quite complex and, at the same time, non-specific about what the regulations and their effect might be. The Explanatory Notes to the Bill appear to suggest, in paragraphs 115 and 116, that claims of asylum and human rights will continue to be dealt with by the Home Secretary as the Minister with the knowledge, experience and expertise to decide these matters, not by the Minister imposing the sanctions, and that any appeal against the Home Secretary’s decision would be to the immigration and asylum chamber of the First-tier Tribunal, a specialist tribunal with expertise in deciding such claims, not the High Court or Court of Session, where an appeal against the imposition of the sanction would be heard.

In a letter dated 16 November, the Minister stated that it was the Government’s,

“intention to provide, at Committee stage, an illustrative draft Statutory Instrument in relation to the powers under clause 40, so that Peers can fully scrutinise how decisions that have immigration implications will be taken and the routes of challenge”.

We are in Committee and have come to Clause 40 in the Bill, and no illustrative draft statutory instrument has been made available. Can the Minister tell the Committee how noble Lords are expected to accept Clause 40 in the absence of what he promised in his letter?

[Lord Ahmad of Wimbledon]

My Lords, perhaps I might intervene in this debate and save the Committee some time. First, they say that sorry seems to be the hardest word but it is not for me. I apologise to the noble Lord, Lord Paddick, since after Second Reading, as he said, I wrote to him and said that the Government intended to bring forward a draft instrument and would put on record during Committee the Government’s intended policy in regard to this clause. I regret to say that we have not fulfilled the first part of that intention—I will come to it in a moment—but I hope that, through what I say, I can fulfil the second part of it now.

Let me assure the noble Lord, Lord Paddick, and the Committee more generally that much work has been, and continues to be, done between officials in various departments on refining this important policy area. As the noble Lord acknowledged, the issue is complex and involves not only the specialist tribunal but how this relates to other aspects of the Bill. This has meant that, despite best efforts by officials, the draft statutory instrument was not ready to be published. It was my view and that of the Government that, rather than publish a statutory instrument that is not yet fully ready, Parliament would be better assisted by seeing a more mature version of that instrument. To that end, my officials and others across Whitehall will continue this work apace. We will endeavour to publish a version of the statutory instrument ahead of Report. I would be happy to meet the noble Lord in the interim to discuss this specific issue. I would also like to put on record for the Committee the intention behind this clause and address some of the points that he made.

Clause 40 concerns how appeals against the immigration consequences of UK autonomous sanctions are handled. I would like to give the Committee some background as to the current arrangements before I go on to speak about the clause. Under the current arrangements, UN or EU travel bans are, in the vast majority of cases, imposed on individuals who are outside the UK and have no connection to the UK. The Immigration Act 1971 already makes provision for persons subject to UN travel bans. Clause 40 allows us to ensure that the persons subject to UK autonomous travel bans can benefit from a similar provision.

In the unlikely event that a UK autonomous travel ban were to be imposed on a person in the UK, this would, as a matter of domestic law, have consequences for their immigration status in the UK—a point I know concerned the noble Lord, Lord Paddick. Whereas a person who is outside the UK will be refused entry, those who are in the UK will lose the right to remain here and may be subject to removal. A person affected in this way might argue that any removal from the UK would interfere with their rights under the European Convention on Human Rights, or be contrary to our obligations under the refugee convention. As a result, they may wish to make a human rights or humanitarian protection claim to prevent their removal. These immigration claims are usually decided by the Home Secretary, and a very developed machinery has grown up around the decision-making process to ensure that it is fair and effective and, importantly, complies with our international obligations. Such decisions, once made, can also give rise to a right of appeal before the immigration and asylum chamber of the First-tier Tribunal, a specialist tribunal with expertise in deciding such claims.

I turn to the Bill. Such immigration claims may also be made against the immigration consequences of a UK autonomous travel ban imposed under the Bill. Again, immigration claims are most likely to arise where an individual in the UK would lose their right to remain here. Noble Lords might ask why we need Clause 40, given that this situation can already arise in the context of a UN or EU travel ban. I wish to explain the point here. The Bill establishes a new administrative reassessment process for designations and a court review process in the High Court or, in Scotland, the Court of Session. No such equivalent administrative and court mechanisms are currently applied in domestic law for UN or EU travel bans. The mechanisms in place are different, so we will need to adapt the existing decision-making and appellate structures that I described earlier in order to accommodate the Bill. That is why we need Clause 40.

I turn back to the practicalities. Cases of this kind are likely to be limited in number, but it is vital that we get this right—a point made by the noble Lord himself. The Government consider it important to ensure that such claims are handled appropriately. We want to ensure that domestic sanctions do not unjustifiably interfere with fundamental rights or run contrary to our obligations under the refugee convention. It is also important that the effectiveness of our domestic sanctions regime is not compromised because our domestic legislation no longer enables us to manage effectively such immigration claims as may be made. The Government have therefore considered how these immigration claims should be treated in the context of the new administrative reassessment and court review processes.

Our conclusion is that, as a starting point, we should seek to maintain the status quo. The Home Secretary and the Immigration and Asylum Tribunal should remain the appropriate decision-makers, as they are now. Both the Home Office and the tribunal are vastly experienced in this area, having dealt with 38,681 human rights and asylum claims and appeals in 2016 alone. However, some changes will be necessary in order to ensure that domestic legislation enables us to manage situations where, for example, there would otherwise be the possibility of both the High Court and the tribunal considering the same issues, or the High Court being required to determine a protection claim that the Home Office had not had the opportunity to consider.

To illustrate the point, whereas the tribunal would be best placed to determine an appeal against an immigration decision, determining the lawfulness of a decision to freeze an individual’s assets is a decision that would be better suited to the High Court. The clause provides the powers necessary to make these changes, which will ensure that we continue to comply with our international obligations and that the effectiveness of our domestic sanctions regime is not compromised. To provide appropriate scrutiny, regulations made under this power will use the draft affirmative procedure.

I give this very detailed explanation along with, once again, an apology to the noble Lord, Lord Paddick. I believe that at Second Reading when he raised this issue I had momentarily left the Chamber or I was near the Box to clarify something, so I did not fully hear his contribution and read it only later in Hansard. As I said, I put on record that we would look to return to this in Committee, which clearly we have not been able to do. I am much minded that the instrument put forward is one that we have looked at extensively and reflects the detail of what I have just submitted to your Lordships’ House. I therefore hope that with that somewhat detailed explanation, which I briefly mentioned to the respective Front Benches out of courtesy to your Lordships’ House, the noble Lord will be minded to withdraw his amendment, with the assurance that I look forward to working with him specifically on that SI before Report.

[Lord Falconer of Thoroton]

I am grateful to the Minister for that helpful and detailed explanation. As I understand him, he is saying that regulations can be produced under this provision, which will delineate between the Minister, the High Court and the Upper Tribunal as to who decides what in relation to the variety of legal challenges that are available both in ordinary law relating to asylum and the right to remain and the rights given under this Act.

That is pretty complex. It is very difficult to judge whether this regulation-making provision is appropriate in its width without seeing a draft of what the Government have in mind. It is critical that the draft be made available a significant time before Report. I do not know when Report will take place, but it may be in the middle of January. Therefore, in the light of what the Minister said about the detailed work on this draft instrument, when might we see it? Obviously, a lot of work has been done on it and there is a draft in existence. The issue is legal appropriateness and there is no reason why we should not see the draft now.

[Lord Ahmad of Wimbledon]

The noble and learned Lord makes an important point about ensuring appropriate time before Report. He is correct to say that we are looking at Report taking place towards the middle of January in the new year, and correct to say that we must allow sufficient time to accommodate it. I cannot give him chapter and verse on the exact date but he makes his point well. I also subscribe to his view that it is important to allow noble Lords sufficient time.

[Lord Falconer of Thoroton]

I am not asking for a specific date, but will it be by the end of the week, or the end of next week? The Minister must give us some assurance that we will have it in time.

[Lord Ahmad of Wimbledon]

As I said, there are already, as the noble and learned Lord will acknowledge, various issues. We will do this in good order. Perhaps I may take this matter back—because various departments are working on this—and clarify appropriately. I will write to noble Lords on the specific date by the end of the week, which will then provide the detail. I fully acknowledge what the noble and learned Lord said about the importance of allowing effective scrutiny before Report. I say to the noble Lord, Lord Pannick—I am sorry, I meant the noble Lord, Lord Paddick; the noble Lord, Lord Pannick, has left but he clearly left an impression on me—that I look forward to working with him once the draft instrument has been circulated. For good order—I look over to the Box and my private office—once the draft has been published, we will seek to circulate it and lay a copy in the Library, as appropriate.

[Lord Collins of Highbury]

I, too, welcome the noble Lord’s statement that Report will not be until mid-January.

[Lord Ahmad of Wimbledon]

I think that I am being corrected by my rather forceful Whip on my left. I am sure that this matter will be clarified through the usual channels.

[Lord Paddick]

My Lords, I very much welcome the support and contribution of the noble and learned Lord, Lord Falconer of Thoroton. I am very grateful to the Minister for explaining that asylum claims, and any claim that somebody’s human rights will be infringed, will be dealt with by the most appropriate Minister—the Home Secretary—and through the immigration appeal tribunal route, and not by the provisions in the Bill to appeal against the imposition of the sanction itself. I am grateful for that reassurance; it is the one that I was seeking.

I am grateful, too, for the Minister’s apology for missing some deadlines, if I may put it that way. Obviously, I am content to withdraw my opposition to Clause 40 standing part of the Bill.

Sanctions and Anti-Money Laundering Bill [HL]

Lord Ahmad of Wimbledon Excerpts

Committee: 1st sitting (Hansard): House of Lords
Tuesday 21st November 2017 Lords Chamber

[Baroness Sheehan (LD)]

My Lords, my name is attached to Amendment 1A. I wish to reinforce what has been said by my noble friend Lady Northover. The regulations that the Minister will have powers to impose through Clause 1 will have far-reaching consequences on “designated persons”, “prescribed persons” and “involved persons”, as affected individuals or entities are variously referred to throughout the Bill. Therefore, it is only right that the power to create a regulation should entail a more onerous thought process than consideration by the “appropriate Minister”. I agree that “compelling reasons” would be a more fitting foundation for making such momentous decisions.

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

My Lords, first, I thank all noble Lords who have spoken in the debate. A small point was made about what I said in my opening remarks at Second Reading about the Bill being technical. Maybe I should defend that by saying that every Bill is technical in some way and perhaps that was what I was alluding to. But I thank the noble Lord, Lord McNally, for whom I have great affection, for highlighting that point, and we live and learn through our experiences at the Dispatch Box and in the House.

As I said at Second Reading, this is a Bill that we need to get right—a point that was acknowledged by all noble Lords who have spoken. I stated that right from the outset, as I do again today, at the start of Committee. That is why I will put on record my immense thanks to noble Lords from all sides of the House who have engaged very constructively on this important Bill. I assure noble Lords that that will continue to be the case as the Bill progresses through your Lordships’ House. I thank all noble Lords—in particular the noble Lord, Lord Lennie—for recognising why we require this legislation.

After we leave the European Union we will need the Bill to ensure that we can continue to impose, amend and lift sanctions, and change our anti-money laundering framework. As noble Lords know, sanctions form part of the range of foreign policy tools that we can use in response to threats such as terrorism to the UK and UK interests. The Government fully recognise that sanctions are not to be used lightly—I assure noble Lords of that fact—and impose significant restrictions on individuals and entities. They should be imposed only after careful consideration of the political context, the desired impact and, of course, the potential risks. The Government also believe strongly that sanctions are a tool for changing unacceptable or threatening behaviour. They should not be used punitively as a substitute for criminal justice measures. A good recent example of the value of sanctions is the way that they encouraged Iran to accept constraints on its nuclear programme.

--- Later in debate ---

[Baroness Kramer (LD)]

Perhaps I may ask the Minister a question to address a lack of clarity. A moment ago, he basically said that one of the checks would be that either or both Houses of Parliament could vote against the SI brought forward by the affirmative procedure. The last time I was in this House and we on these Benches sought to do so with an SI, the consequence was a review on removing the powers of the House of Lords to act under such circumstances. Indeed, I have frequently heard language suggesting that to vote against an SI is a complete overreach of powers. Is this a change in the Government’s position? Is there any way in which this could be enshrined? It is rather fundamental to the discussions we will have not just today but on future occasions.

[Lord Ahmad of Wimbledon]

As the noble Baroness will know, I have stated the position as it is. Of course it is within the powers of both Houses to vote against—that is the whole point of having statutory instruments that are presented to both Houses. This is not just about the House of Lords; I mentioned the House of Commons as well.

[Baroness Kramer]

Can I just confirm that the Government’s response to any such move would be exactly as we saw before? That is an important piece of information for this House to know. I believe that that is what the Minister has just confirmed.

[Lord Ahmad of Wimbledon]

I have stated that the position is as it is now. I know the noble Baroness is seeking to develop arguments that we have had on a previous occasion, but what I have stated is the position as it exists. The noble Baroness talked about it being enshrined in law. Currently, that is how affirmative instruments and statutory instruments work. I am sure she is fully cognisant of that fact.

The noble Lord, Lord Lennie, said that the amendment would not inhibit the Government in any way. But as I was saying—to give further explanation and clarity, if I may—changing “appropriate” to “necessary” would effectively force the Government to use sanctions only as a last resort. Let me assure noble Lords that by saying that I do not mean that sanctions are never our first option. It is important that the Government of the day have some flexibility in deciding when and how sanctions should be deployed. We would not want to find ourselves in a situation where we could not use sanctions in the early stages of a crisis and instead had to allow it to escalate until the necessity of sanctions could be demonstrated.

Moreover, sanctions work best when agreed multilaterally. To be required to demonstrate that other options have been exhausted and sanctions are therefore necessary would leave the UK more constrained than our allies and international partners in our ability to agree and deploy sanctions. It would be a high bar to meet, especially in cases where we may wish to impose sanctions as part of a multilateral agreement with allies in areas where there is no direct risk to UK citizens or direct impact on UK interests. Too high a bar could prevent the UK acting in these areas. This could not only reduce the ability of the UK to continue to play a central role in international affairs but reduce the effectiveness of the sanctions measures themselves. For example, financial sanctions against Russia—

[Lord Pannick]

I am puzzled by this point. The amendment is concerned, under Clause 1(1), with the circumstances in which regulations may be made, but it does not affect the broad discretion embodied in Clause 1(2), which defines purposes. Clause 1(2) states:

“A purpose is within this subsection if the appropriate Minister … considers”—


so it is a matter entirely for the Minister—

“that carrying out that purpose would”,

for example,

“further a foreign policy objective of the government of the United Kingdom”.

So, as I understand it, my noble and learned friend Lord Judge’s amendment would in no way inhibit the complete discretion of the Minister to decide matters of purpose and to decide what is or is not in the foreign policy objectives of the Government; for example, that sanctions should be imposed, in general terms. All the amendment does is to say that the Minister has to be satisfied that it is necessary to impose these regulations once the foreign policy objective has been determined—and it is to be determined by the Government. With great respect, I do not understand the point that the Minister is making.

[Lord Ahmad of Wimbledon]

The point I was making was about the implication in the current wording of “appropriate”. This is not an open invitation for a Minister to impose sanctions, and the appropriateness of imposing sanctions is qualified in the context in which they must be applied. That was why I referred to the specific section that I did.

I think I have made the point already that the concern would remain. Several noble Lords have referred to the Constitution Committee and the Delegated Powers Committee. We have received those reports as well, and I assure noble Lords that I am not dismissing them. We are reflecting very carefully on the representations made by both committees because it is important that we respond carefully and after detailed consideration of what is being put forward. As I said right at the start of my remarks, I will reflect very carefully and will very much bear in mind the voices and experience of those who have tabled these amendments. We certainly remain of the thinking that the current wording, with the balances and the qualifications in the context of the legislation as presented, means that this is not an open invitation for a Minister to apply a sanction. However, in the context of the two reports, I will of course look again at the basis on which perhaps we can look to qualify, and provide greater certainty in respect of, the language used.

Amendment 1A, tabled by the noble Baronesses, Lady Sheehan and Lady Northover, would require there to be a “compelling” reason why sanctions are appropriate for the purposes set out under subsection (2), which relates to non-UN sanctions. I agree with the sentiment behind this amendment and note that it reflects a specific recommendation of the Delegated Powers Committee. However, adding the requirement for a “compelling” reason might also give rise to some of the difficulties I have already highlighted in respect of the previous amendment.

As I said, we think that in matters of foreign affairs and security policy the Government should have discretion about when it is appropriate to act. This amendment would effectively remove some of that discretion. We also believe that it could restrict our ability to work with international partners to ensure that sanctions are effective. In some cases, sanctions may be more compelling for our international partners than for the UK, but it would undermine the effect of sanctions if we were not able to participate or agree to them being applied multilaterally. I am sure that all noble Lords will recognise that perspective. If the UK was unable to act, this could in turn undermine the UK’s relationships with our international partners.

Amendment 23 deals with a similar issue, but in relation to UN sanctions only. I think there is agreement on all sides of the Committee that it is appropriate that the UK can continue to comply with its international obligations, so I doubt there is much between us on this issue. We think “necessary” would in many cases be acceptable in that place in the Bill. However, we also think it is important that where the UN provides some flexibility about how to implement obligations, the Government should have the flexibility to decide how best to do so. The word “appropriate” provides that flexibility.

It should be noted that the power here is broadly consistent with the equivalent provision in Section 1 of the United Nations Act 1946, which enables Ministers to,

“make such provision as appears to”,

them,

“necessary or expedient for enabling”,

measures in UN Security Council resolutions “to be effectively applied”. It should also be noted that the word “appropriate” does not enable Ministers to do whatever they want. The noble and learned Lord, Lord Hope, referred to the Ahmed case, which I know he knows well. That demonstrated that the courts will take a robust approach to scrutinising the exercise of the Executive’s powers.

I have already alluded to the fact that we have received the reports of both the Constitution Committee and the Delegated Powers Committee. I put it on record that we will consider both committees’ recommendations very carefully. I have also listened carefully to the contributions during the course of this short debate, and I am sure we will explore the issues further as we scrutinise the Bill in Committee.

It says here, “I hope I have been able to convince noble Lords”, but, from looking around the Chamber, I think that would be a rather hopeful word to use at this juncture. Perhaps I have provided noble Lords with a degree of reassurance with some of the explanations that I have given about the context in which the sanctions would apply, but I respect and understand that there would be a need for continued parliamentary scrutiny and for ensuring, as I am sure all noble Lords appreciate, that the UK continues to comply with international law and maintains a leading role in international affairs after the UK’s exit from the EU.

As I said, we will continue to consider very carefully the recommendations of the two committees, and I am sure we will return to this issue in discussion with noble Lords. Again, there are important issues of discussion here. Both in the course of the Committee stage of the Bill and in the meetings that we are having beyond the Chamber, I am sure we will reach a means of moving forward constructively on this basis. The ultimate purpose and objectives of the sanctions regime are something that I know all noble Lords respect. Based on that, I hope the noble Lords will be minded at this juncture to withdraw the amendment.

[Lord Thomas of Gresford (LD)]

My Lords, I am pleased to hear the Minister confirm that this House has the power to vote down statutory instruments. Indeed, if the Government continued to pursue policy goals through secondary legislation, that procedure would become much more widely used than it has been in the past without the suggestion that the British constitution was being undermined.

The Minister has said that these powers have been taken in the pursuit of Foreign Office goals. A memorandum from the Foreign and Commonwealth Office, dated 19 October last, was sent to the Delegated Powers and Regulatory Reform Committee. Paragraph 52 says, under the heading “Justification for taking the powers”:

“The Government therefore considers it necessary and appropriate to provide framework powers that enable detailed sanctions regimes to be set out in secondary legislation”.


If the justification for taking the powers must be necessary and appropriate, why is the same test not to be applied to the exercise of those powers?

[Lord Ahmad of Wimbledon]

I thank the noble Lord for his late but important contribution. As I said to the noble Baroness, Lady Kramer, I was stating the position as is, regarding the context in which both Houses of Parliament can vote on statutory instruments. In the case of your Lordships’ House, it is clearly laid out in the Companion as well. Let us also put this into context: if a sanctions regime were being proposed and it were voted down in both Houses, the sanction itself would fall and would not apply. The context is not something that can be ignored. In the context of the second question, the noble Lord—

[Baroness Kramer]

May I ask for a clarification? The Minister just said the context could not be ignored. Is his conclusion that it is inappropriate for a statutory instrument related to sanctions ever to be voted down by either House? Is that the conclusion that we are to draw from his comment?

[Lord Ahmad of Wimbledon]

Perhaps I can read into what the noble Baroness seeks on this occasion. This is not an issue about both Houses or affirmative instruments. The position I have given is not the Government’s position; it is the position as it stands now. If she needs further elaboration, I respectfully refer her to the House of Lords Companion.

To return to the noble Lord’s final question, if I may, I will write on the specific issue that he raised for the purpose of clarity for all Members of your Lordships’ House.

[Lord Thomas of Gresford]

The noble Lord said that my intervention was late. This is Committee, and the advantage of Committee is that Members may reply to the Minister after he has made his contribution.

[Lord Ahmad of Wimbledon]

As ever, as I said, we live and learn. The noble Lord is of course right in this context: during Committee, any noble Lord can speak and intervene as appropriate.

[Lord Judge]

If I am allowed to speak, the reality is that neither House rejects subordinate legislation, even if it includes a provision which everybody thinks is lousy, because if you try to do that, the whole instrument falls, and there may be 77 regulations within it with which you agree. Our processes do not in reality admit of proper challenge to secondary legislation. But that is a battle for another occasion, perhaps when we come to Henry VIII.

I respectfully suggest to the Minister that the word “necessary” does not mean the same as “last resort”. If, when deciding whether to exercise these powers, he believed that he was acting in order to implement a treaty obligation or in accordance with a necessary stage in our foreign policy, that would be amply covered by the word “necessary”.

I was going to say that I will allow the Minister to reflect—that is very generous of me; the Minister is allowed as much time as he likes. What I meant was that when he has had time to reflect, I shall reflect on his reflections and return to the issue on Report. I beg leave to withdraw the amendment.

--- Later in debate ---

[Lord Collins of Highbury]

I thank my noble friend for his intervention and wholeheartedly agree that actions speak louder than words. However, at this stage, we are discussing how we can ensure the effective scrutiny of these powers. What are we measuring them against? That is important. Earlier, noble Lords said that we could not just rely on the words used. We all admire the Minister’s good intentions but this issue concerns the future. I place on record that the next Labour Government will put human rights centre stage in all their actions. We will certainly take up my noble friend’s point but that is not what we debating. I do not want to make an election manifesto call just yet but I want the Minister to consider the mechanisms that can be included in the Bill to enable us properly to measure the use of executive power.

[Lord Ahmad of Wimbledon]

My Lords, in response to the noble Lord, Lord Collins, I was allowing for any noble Lords to speak, but of course we will continue to debate these issues. To pick up on the point made by the noble Lord, Lord Judd, to whom I listened carefully, it is fair to say that sometimes we can be critical within the Chamber, whoever is in power or in opposition. One thing I have seen in my short time as a Foreign Office Minister but also as a Minister for Human Rights, whether at the UN, in Geneva or travelling around the world—irrespective of which Government of whatever colour has led our great country—is that not only do we see respect for human rights as being at the heart and centre of what we do but many around the world respect the UK for it and hold it up as a beacon. I assure the Committee that the Government do not take their human rights responsibilities lightly. My noble friend Lord Faulks alluded to the fact that not just here but in other places, in different parts of legislation, we ensure adherence to that. In this regard I am proud that, whether at the Human Rights Council, as we have recently seen, through various universal periodical reviews that are taking place with countries, or on quite specific issues, whether human rights on freedom of religion or belief, the protection of LGBT communities, or on gender equality and ensuring that women’s rights are represented, throughout my life the UK has been a bastion and a beacon for human rights. That should and will remain a cornerstone of British foreign policy in years to come.

I thank noble Lords for their amendments. It is right that we again emphasise that we should look carefully at the purposes for which sanction regulations may be created. It may be helpful if I say something about the purposes set out in Clause 1(2). These are designed to cover situations and purposes where the UK is not implementing a UN or other international obligation. The list of purposes has been designed to ensure that we can continue to implement sanctions for the full range of purposes for which we use them now as part of the European Union. The EU is able to adopt sanctions for any purposes of its common foreign and security policy. The reference to “foreign policy objectives” in Clause 1(2) seeks to provide the same type of scope when the UK has left the European Union. This is why the amendment tabled by the noble Baronesses, Lady Northover and Lady Sheehan, would, as my noble friend Lord Faulks highlighted, potentially restrict our options. It seeks to remove the ability to impose sanctions to,

“further a foreign policy objective of”,

the UK.

I appreciate and accept that Amendments 3, 4, 5 and 6 aim to define UK national security and foreign policy objectives in more specific terms. I have little difficulty with the language as such. However, we may risk missing important objectives of UK national and foreign policy that might justify the use of sanctions in the future. For example, this may limit our ability to act with our international partners in the future to tackle serious threats to the national interest.

Noble Lords may recall that in 2015 the Government published a national security strategy, which provides a clear overview of Her Majesty’s Government’s objectives in the national security sphere. The practice has been to update this strategy every five years, as this can act as an indication of some of the purposes of sanctions as set out in the Bill. I assure noble Lords that the Government will not have unlimited discretion. As I set out in the previous debate, the Bill contains a number of checks and balances on the Government’s action, including scrutiny by Parliament and court challenges.

On the additional purposes that have been suggested, I note that these reflect our current practice. For example, preventing grave breaches of human rights and international humanitarian law are already among the purposes of UN sanctions against the Democratic Republic of the Congo and EU sanctions against Iran. I am satisfied that we would continue to impose such sanctions based on the purposes of the Bill as drafted, and that is certainly our intention.

--- Later in debate ---

[Baroness Northover]

My Lords, I am grateful to everyone who has contributed to this mini debate. In some ways, I was surprisingly unreassured by what the Minister said; I was expecting to be much more reassured than I am. I was struck by the difference in his language. He mentioned that the EU uses sanctions for “foreign and security policy”, but the Bill talks only about “foreign policy”, which is a much more restricted meaning. He mentioned Iran, but it was the nuclear programme and the threat of it that led to sanctions, which is about security rather than foreign policy per se.

[Lord Ahmad of Wimbledon]

I suggest to the noble Baroness that foreign policy and security are the primary responsibility of any Government. Of course, security is a key feature of foreign policy, and I also referred to the Government’s national security strategy.

[Baroness Northover]

Indeed, security, and not just foreign policy, is a first aim of the whole of government. However, I find myself concerned about the language here and about the scope in the Bill for using this provision. I shall certainly think about this but, in the meantime, I beg leave to withdraw.

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[Lord Ahmad of Wimbledon]

My Lords, I thank all noble Lords who have spoken on this group of amendments. The noble Lord, Lord McNally, talked about Rhodesia, and historical context is one of the great values of your Lordships’ House—it always puts things into context.

The specific issue of banks and sanctions against Iraq in 1991 came up. As someone who spent 20 years in that sector and started his career at that time, I remember being acutely aware of those who were opposing the Saddam Hussein regime. It was perhaps used to having more liberal purses and was suddenly subjected to stringent rules based on those that were being applied in-country. Noble Lords have spoken quite rightly about the unintended consequences that lie behind sanctions. However, there are necessary occasions for them in the banking sector. As we have seen, certain banks in certain parts of the world will take a de-risking attitude, which then prevents essential services being performed. However, I will turn to the issue in front of us.

Amendments 8 and 9 make substantially the same points so I will address them together, if I may. First, let me stress again on record that I fully understand the reasoning behind these amendments. As the noble Baroness, Lady Northover, said, we have spoken about this during Second Reading and outside your Lordships’ Chamber.

It is important that, in imposing and maintaining sanctions, the Government do so with a clear understanding of what the impacts may be, and that there is a focus on minimising potential humanitarian impacts and other unintended consequences. I assure noble Lords that the Government work closely with humanitarian actors and NGOs and take their concerns into account when designing and implementing sanctions.

Last year, it was the United Kingdom that secured amendments to the EU’s Syria sanctions regime to provide an exemption for fuel purchases made in Syria by humanitarian organisations, which is exactly what the noble Lord, Lord Collins, talked about. Noble Lords may also be aware that, in October, after listening to NGOs, Her Majesty’s Treasury’s Office of Financial Sanctions Implementation published specific guidance for the charitable sector on sanctions compliance.

I assure noble Lords that the Bill provides the Government with relevant powers, such as issuing licences to help mitigate any potential impact on the operations of humanitarian organisations. EU case law currently restricts our ability to issue so-called general licences for the humanitarian sector, but the Bill would give us greater flexibility after our exit from the EU. When making and amending future sanctions regulations, the Government would incorporate humanitarian exemptions where appropriate, and these would be subject to parliamentary scrutiny.

As the amendment makes clear, there are already methodologies for assessing the humanitarian impact of sanctions, which are agreed internationally. These would continue to be applied. To require a humanitarian impact assessment to be published at the domestic level each time sanctions were imposed is something that I remain to be convinced about. It would duplicate the work already done at an international level before sanctions are agreed. It also carries the risk of causing delay, potentially undermining the effectiveness of sanctions.

The amendment tabled by the noble Baronesses, Lady Northover and Lady Sheehan, would require the impact assessment to be worked up in consultation with stakeholders each time. I fear that that might risk tipping off potential sanctions targets, who could then take evasive action. Again, this could undermine the effectiveness of sanctions.

I assure noble Lords that we will continue to work closely with our NGO partners. The noble Lord, Lord McNally, asked how we were taking that further. We are already working closely with colleagues in DfID on working with NGOs on how we can take the matter forward. The noble Lords, Lord Collins and Lord McNally, and the noble Baroness, Lady Northover, talked also about the NGOs themselves. I think it might be appropriate if, during the course of Committee and before Report, I make myself available to meet the NGOs to see how we may be able to further tighten up the language in this regard. I hope that following what I have presented to the House about the measures already in place, the noble Lord will be minded to withdraw his amendment.

[Lord Collins of Highbury]

I thank the noble Lord for his response and very much welcome his commitment to meet NGOs so that we can discuss their concerns before we come back to this at Report. In the light of those comments, I beg leave to withdraw the amendment.

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[Lord Ahmad of Wimbledon]

My Lords, these amendments seek to remove the ability of the Government to create sectoral financial sanctions measures by removing the power to apply certain sanction measures to, as we have heard,

“persons connected with a prescribed country”.

Amendments 10 to 14, 16 and 17 would make this change in Clause 2 while Amendment 19 speaks to Clause 5, Amendment 22 to Clause 6 and Amendment 81 to Clause 50. Amendment 30 to Clause 10 would make a slightly different change in that it would restrict the Government from being able to designate a person on the basis of their involvement with other designated persons. However, the amendments all have a common theme as they deal with the application of sanctions to persons other than those directly designated.

The Government are clear that sectoral financial sanctions remain a vital foreign policy and national security tool to enable us to meet our UN obligations. It is worth emphasising that we already implement these sanctions under both the United Nations and the European Union regimes. For example, sanctions against North Korea restrict that country’s access to certain financial markets in order to restrict its ability to generate funds for its nuclear and ballistic missile programmes. To do this and to make it work, we have had to impose sanctions on groups of persons—or in extreme cases, on all people—connected in a specified way with the prescribed country. This ensures that the sanctions measures are robust and effective.

We accept that this creates the potential for far-reaching sanctions that bite upon people who themselves have done no wrong, but it remains the case that it is a necessary part of some sanctions regimes. The more broadly sanctions can be drawn, the greater the impact they will have. I accept that it is a sad but necessary side-effect that at times this can affect persons who may not be directly involved with the activities of the target regime. For example, the current restrictions on the transfer of funds to and from North Korea—noble Lords will be aware that there have previously been restrictions on the transfer of funds to and from Iran—will affect people who do not directly support Kim Jong-un’s regime.

The UK, EU and Strasbourg courts have all considered and accepted that the harsh effects on individuals are justified due to the importance of sanctions and the need for them to have broad and deep effects. It was summarised by the European Court of Justice, which stated that,

“any measure imposing sanctions has, by definition, consequences which affect the right to property and the freedom to pursue a trade or business, thereby causing harm to persons who are in no way responsible for the situation which led to the adoption of the sanctions. Moreover, the importance of the aims pursued by the regulation at issue is such as to justify negative consequences, even of a substantial nature, for some operators”.

This was the Bosphorus case decided in 1996 in relation to sanctions that were placed on the former Federal Republic of Yugoslavia. It has been a settled principle of law for more than 20 years.

If the amendments were accepted, we would be unable to impose these measures. In some cases, they are mandated by resolutions of the UN Security Council, such as the obligations imposed in 2013 to cease business with North Korean banks and financial institutions. We would then be in breach of international law. Another example of a sanctions regime that we would be unable to maintain is the Ukraine sovereignty regime, which aims to restrict Russia from accessing certain financial services. Similar to the North Korea examples I have already given, we would be unable to maintain those financial sanctions if we were unable to impose sanctions on persons connected with Russia, or with persons of a certain description connected with Russia, such as state-owned banks. The clauses must remain if we are to be able to meet our international obligations and work with allies to use sanctions as an effective foreign policy and national security tool.

Clause 10 currently permits us to determine that a person is an “involved person” on the basis of their relationships with other “involved persons”. The noble and learned Lord, Lord Judge, raised this issue; I hope I can briefly explain the significance of it. A person can be designated only when the appropriate Minister has sufficient evidence to have reasonable grounds to suspect that they are involved in the activities targeted by sanctions. For example, if a senior member of a regime is controlling a public body that is developing weapons of mass destruction, they are involved in that activity and can be classified as an “involved person”. Assuming that the appropriate Minister deems it appropriate—and proportionate—to designate them, they can do so.

Clause 10 also enables a person to be an “involved person” if they are owned or controlled by, or acting on behalf of, an “involved person”—for example, as an agent. It goes further and enables a person to be an “involved person” on the basis of their association with other involved people. The key point is that this is often required of us by our international obligations. It is common for a UNSCR to require states to designate not just those involved in a particular activity, but those acting on their behalf or at their direction. Accordingly, we must be able to do that to meet our UN obligations, but it also has three other advantages. First, it enables us to apply sanctions more widely to affect the people around those directly involved, which would further restrict the regime’s ability to act and place further pressure on the regime to change its ways. Secondly, it allows us to designate those people who enable these activities by providing funds and financial services to the regime without direct involvement in the targeted activities. Thirdly, it enables us to apply sanctions across a whole group who share the same aims but are using different methods to achieve them. For example, it would enable us to designate all members of a terrorist group: not only those who are engaging directly in terrorist activity, but those providing funds and logistical support.

A current example of that would be the EU designation of Bashar al-Assad under the EU’s Syria sanctions regime, which has frozen the assets of Assad in the EU —including the UK—and banned him from entering the EU. However, people associated with him are also designated: leading businesspersons operating in Syria; members of the Syrian armed forces of the rank of colonel, or the equivalent or higher, in post after May 2011; members of the Syrian security and intelligence services in post after May 2011; and members of the regime-affiliated militias. Removing the ability to designate these as “associated persons”, as proposed in Amendment 30, would remove the ability to designate those who have a significant role in threats to peace and security.

The noble and learned Lord, Lord Judge, gave a personal example of being connected and made the pertinent point of the definition being very wide: it encompasses many people, even those whose connections are arguably tenuous. As I have already explained, it is necessary to ensure that sanctions are broad and effective. To say that somebody is connected because of a remote family relationship is tenuous. I doubt it would be lawful or stand up to scrutiny in a court, nor would it advance the purpose of the sanctions. However, it is almost impossible to foresee what type of connections will be required in future sanctions regimes, but I do not believe that this one, in terms of the detailed nature of what the noble and learned Lord expressed, would apply.

I have heard and listened very carefully to the concerns, but at the same time I have stated that there are good reasons for casting these powers in the way we have. There will be real difficulties in applying sanctions if they are too restricted. We believe that we have the balance right. With the practical examples I have given, and my interpretation of the Bosphorus case—especially when we bear in mind that power can be exercised only when proportionate and compliant with human rights; any other use would be forbidden by Section 6 of the Human Rights Act 1998—I hope that the noble and learned Lord will be minded to withdraw the amendment.

[Lord Judge]

My Lords, I shall withdraw the amendment for now; I may come back to it on Report. However, I do not want the Minister to misunderstand the purpose of my amendment. He has produced a very convincing argument for the need for sanctions to be available and used, and there are compelling cases where they have been used out of absolute necessity. The amendments we are proposing are nothing to do with that. The amendment we are driving at is that, in reality, there is no reason why the word “connection” cannot be defined now, as opposed to leaving it for few months down the road until a Minister gets round to making a definition. I look forward to his reflections on that, and I will reflect on it too.

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[Lord Lennie]

My Lords, to echo what has been said, the amendment would strengthen the Minister’s hand to act and seeks to address the problem of companies registered in this country with no connection to, business with or purpose in this country other than to evade detection and supply arms to those we regard as rather evil. There is a great difficulty with detection. I am not underestimating problems, particularly evidential ones, but I suspect that the wider the hand of the Minister in this regard, the greater the power of success. There has been some progress in this area recently under other Acts, such as the Bribery Act, but our chance of success in closing down what is simply a hosting arrangement would be greatly enhanced by the amendment.

[Lord Ahmad of Wimbledon]

My Lords, I am grateful for noble Lords seeking to strengthen the hand of the Minister at the Dispatch Box. I made specific note of that. I understand the reasons for wanting to go down the route of closing down designated companies and companies belonging to a designated person. However, the proposal contained in Amendments 15 and 46, and the supporting proposals in Amendments 78, 79 and 80, raise some concerns and illustrate why it may not be appropriate to accept them.

I remind noble Lords that the Bill aims to put in place the necessary powers to replicate the sanctions regimes that we currently implement as a member state of the European Union and, of course, those we are obligated to implement internationally through the UN. These amendments would go over and above the regimes and the type of sanction that the EU has put in place. It is essentially a new type of sanction and, as such, I urge a degree of caution in approaching this.

Clause 2 is about freezing assets of designated persons and preventing access to the UK’s financial markets. It is not about causing companies to cease to exist. Sanctions are intended to be temporary. That is why we have various reviews of sanction regimes set up and why they are reviewed periodically: their whole essence is to ensure that the target has changed behaviour in the desired manner. Once this change in behaviour has been achieved, sanctions may well be lifted. We do not intend to impose permanent measures that cannot be reversed. I suggest that shutting down a company is pretty irreversible.

This would be a unique power that does not exist at the United Nations or with EU sanctions. Sanctions have always been and will continue to be most effective when implemented multilaterally and with maximum consistency. Before implementing a new type of sanction, we would usually discuss with our partners whether it is effective and whether there is any appetite for it to be taken forward multilaterally. Only in very rare cases would we unilaterally introduce a new type of sanction that has effect within the UK’s jurisdiction only. Unilateral sanctions provisions such as this could also have an uncertain effect and could create difficulties for industry in general.

Dissolving a corporate entity is a permanent measure with far-reaching effects. It would also have an impact on the human rights of the people involved. Dissolving a company owned by a designated person would remove their property. Doing so without compensation would leave the Government open to a potential action for damages by a person alleging breach of their human right to ownership of their property. It is also uncertain where the property owned by the company would go and what effect this would have on the property rights of anybody involved. Accordingly, to do so may be in breach of the human rights convention.

When a company is designated under financial sanctions they will not be able to trade—that is clear—with any person connected to the UK or to any other countries that have joined us in the multilateral sanctions. We therefore feel that these measures are sufficient to ensure that the effects of the financial sanctions are maximised.

The noble Baroness, Lady Sheehan, gave a specific example about actions we can take against shell companies that, in her words, may be involved in illicit arms trading. If the arms trade is a breach of trade sanctions we will of course prosecute these companies and their directors for criminal offences using powers in the Bill and the export control order 2000, which she referred to previously.

Given my explanation, the importance of the intent, the fact that we would be creating a totally new type of sanction here and in the context of this not being something that either the UN or the EU currently designate, I hope the noble Baroness will be minded to withdraw the amendment.

[Baroness Sheehan]

I thank the Minister for his reply. He said quite a lot about how we may diverge from the EU, but as I thought Brexit was about diverging from the EU and taking back control, I thought he might have welcomed the powers these amendments would confer on him.

[Lord Ahmad of Wimbledon]

Am I to take it that the Liberal Benches are now suggesting that that is exactly what the Government should be doing?

[Baroness Sheehan]

I am suggesting that the Liberal Benches might wish to take advantage of what the Government have been proposing when it suits our ends. This is such an important issue. We are presented with an opportunity in the Bill to do something about the illicit arms trade and arms brokering. It is a real stain on the UK that so much of that trade is facilitated here. Although I will withdraw the amendment for now, I reserve the right to come back to this issue at a later stage.

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[Lord Collins of Highbury]

My Lords, I do not have much more to add. Obviously, the amendments in this group are probing. I hope the Minister can respond in terms of what the current arrangements are in respect of the circumstances outlined in the amendments and how they may not be necessary. As the noble Baroness said, it is important that we consider all the unintended consequences, as well as our objective of imposing sanctions that are effective.

[Lord Ahmad of Wimbledon]

My Lords, I thank the noble Baroness for raising this important issue. As we discussed earlier, the Government take seriously the impact that sanctions can have on the civilian population of a country and acknowledge the important work of NGOs and other humanitarian organisations in difficult situations.

The amendments would exempt ships or aeroplanes from sanctions if they are being used to transport refugees. While I agree with the principle of the amendments, which I know are well intentioned and seek to assist those who require international protection, in my opinion this is not the right way to achieve the desired effect.

I cited earlier the example of NGOs operating in Syria, where exemptions were granted on fuel access. We need to ensure that NGOs can operate in countries that are subject to sanctions by providing licences and exceptions. The Bill makes it easier—it is not just about having wide powers—by allowing government to draft exceptions and grant general licences aimed specifically at assisting humanitarian activities, including those assisting refugees or displaced persons, which is the intent behind the noble Baroness’s amendment. Of course, these are currently not permitted by EU law.

There are good reasons why broad prohibitions are applied to a country with licences, then used to provide targeted exceptions. That is the right way to move forward on this. If we were to provide a general exception for ships and aeroplanes in these circumstances, it could be subject to abuse and would be impossible to enforce. In extremis, it could help organisations circumvent sanctions. It would also be very difficult to apply in practice. If a person on a ship or aircraft claimed to be a refugee, such a circumstance would seem to engage the exemption proposed by the amendment. However, if it was later determined by the proper authorities and the courts that they were not a refugee, the ship or aircraft would have breached sanctions, as well as that person having circumvented immigration controls.

In many cases, it is impossible to tell whether a person is a refugee until after their claim has been examined and determined. I totally understand the intent behind the amendment, but I am sure the noble Baroness can also understand the difficulty it would pose in respect of a person on a ship or aircraft making such a claim.

I assure the noble Baroness and the Committee that the system of licences and exceptions currently in the Bill offers the best way to maintain the integrity of sanctions while ensuring that NGOs can provide humanitarian support to refugees and displaced persons. I committed during a previous debate to join the noble Baroness and the noble Lord, Lord Collins, in meeting NGOs perhaps to strengthen the narrative behind the exceptions—on how they work and how the current rules would be applied—but I am still minded to ask the noble Baroness to withdraw her amendment. I feel that looking to strengthen the communication and availability of current processes to NGOs, as well as their knowledge of them, would be a better way forward.

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[Lord Lennie]

Amendments 33 and 34 concern Clause 10. Where Clause 10(6) says:

“The regulations may make provision, for the purposes of the regulations, as to the meaning of a person’s”,


we want to replace the word “may” with “must”. We also want to add a final subsection to the end of the clause, as follows:

“( ) The regulations must make provision for the notification of persons designated under subsection (3)(b) to (d), and such notifications must state, to the fullest possible extent consistent with the purpose of the regulations … which person or persons the designation has been made in connection with, and … the nature of the connection identified for the purposes of the designation”.


It is a question, if you are going to designate, of identifying who the person is associated with and what are the reasons for associating with them.

The regulations must make provision for the notification of persons designated on the grounds of indirect involvement in prohibited activities, including the requirement to inform such persons of the specific nature of any activities or other persons they have been designated in connection with. I am not sure how they are to know unless they are advised as to what it is and who it is they have been designated for associating with.

[Lord Ahmad of Wimbledon]

My Lords, I thank all noble Lords who have spoken in this very brief debate thus far. This clause introduces the power to include designated persons under sanctions regulations and defines the meaning of this term as used in the Bill. It sets out the designated persons, which can include individuals, companies and other entities which have a legal personality, as well as groups and associations. The noble Baroness, Lady Sheehan, said that it is so wide that anyone in a particular country who was not designated would be a refugee. That is not the case. In conflict situations—Syria is a prime example—there are members of the opposition, for example. When I was qualifying the status of those who may or may not be “influenced by” or “under the control or direction of”, in a previous debate, that point was made quite clear. The clause will ensure that Governments can, for example, designate particular organisations, and terrorist organisations come to mind in this respect.

The decision to designate an individual or organisation would be made by an appropriate Minister and the Minister would be informed by strategic, tactical and evidentiary advice; so the evidence would need to be there. A decision to designate would also be made where a designation advanced the purposes of a specific sanctions regime, taking into account the political picture and the evidence available. This approach is consistent with EU practice and the practices of our key sanctions partners-for example, the United States and Canada, where the power to designate rests with the Executive. It is for the Executive to use the powers then provided by Parliament as the situation demands.

I fully accept the point that there is a need for appropriate safeguards, and the Bill gives designated persons the right to ask for an administrative reassessment and then bring a challenge in the courts. It also requires annual political and triennial evidentiary reviews. These are, of course, in addition to the Government’s day-to-day accountability to Parliament.

Amendment 33 in the names of the noble Lords, Lord Collins and Lord Lennie, would make it necessary to set out what was meant by being,

“owned or controlled directly or indirectly”,

by another person and of being “associated with” another person. I agree that there should be restrictions on designation powers. That is why the Bill allows designation only where there are reasonable grounds to suspect that a person is involved with or connected to an activity set out in the regulations, and that it is appropriate to designate them on that basis. I hope that, with the explanation I have given, the noble Baroness will feel able to withdraw her opposition to Clause 8 standing part of the Bill.

[Baroness Northover]

My Lords, I thank noble Lords for their contributions. This clause does indeed seem to be challenging, and I look forward to the noble and learned Lord, Lord Judge, perhaps coming up with some overarching set of protections for the whole Bill which would apply to this as well. The Minister mentioned reviews: we will be coming to reviews later in the Bill, and there are questions around those, so that is not tremendously reassuring. He also mentioned answerability to Parliament. That has the problems that my noble friend Lady Kramer referred to earlier in our initial debates.

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[Lord Lennie]

My Lords, we are having a bit of a Groundhog Day. Following on from the noble and learned Lords, Lord Judge and Lord Falconer, where did this idea come from? Where has this authority been dreamed up? It clearly risks overzealous action or a meaningless designation. If it is seen to designate the citizens of an entire nation, it is entirely meaningless. That is a real fear and possibility.

If a person is to be designated, they should be designated by name. I think that is common cause. There may be an occasional circumstance when it is simply not possible to identify or get hold of their name through all kinds of investigative methods, but it would be a rarity-it will not be the generality of the application of this law. The difficulty with enforcement for the banks—the noble and learned Lord, Lord Judge, mentioned this—is real and serious and has been referred to before. The Government should identify the source and purpose of this and then rewrite the Bill in line with what is intended rather than what the unintended consequence would be.

[Lord Ahmad of Wimbledon]

My Lords, I thank the noble and learned Lord for moving his amendment. I know that he has spoken before about the powers that are being given to Ministers in this respect. The amendment seeks to remove the ability of the Government to make designations by description which cover groups of people. It would mean that we could designate individual persons only when we knew their names.

Picking up a point made by the noble and learned Lord, Lord Falconer—I hear what he said—I assure the Committee that we will always seek to designate by name wherever possible. We anticipate that the power to designate by description will be rarely used, for reasons that I will set out shortly. But, as I hope to explain to the Committee, it remains a useful tool for the imposition of sanctions. The noble Lord, Lord Lennie, commented just now that some exceptions might apply. That is exactly the kind of exception for which we want to ensure these powers will allow us to apply sanctions.

It is important that this proposal is seen in its proper context. Sectoral sanctions—those aimed at groups or sectors rather than individuals—remain a vital foreign policy and national security tool. The ability to designate by description also enables us to refer to lists of designated persons produced by others, such as the United Nations. To have a single list to look at will reduce the administrative burden upon business. It will also enable us to target particular entities within a given sector: for example, state-owned banks operating in a particular market. Finally, it will enable us to target groups of persons, such as members of a terrorist group—for example, the Hezbollah military wing.

In some cases—they may be few but there will be exceptions—we will not be able to identify all members of a group by name. But it remains important that those members are subjected to sanctions, to prevent them using their funds and assets to commit terrorist crimes. We are also cognisant of the difficulties that this might cause to banks; the noble and learned Lord, Lord Judge, raised this issue. We accept that a designation by description will be harder for them to implement, but I hope that I can offer a few reasons why this power should be retained despite the difficulties that have been highlighted.

First, as I have said, we will always seek to designate by name where we can and this power will be used very rarely. Secondly, when we use this power we will provide as much information as possible to assist institutions, such as banks and other businesses, to carry out their obligations under the sanctions. Thirdly, it may sometimes be necessary to impose these types of sanctions to cover groups of persons where, as I have said, not all the names of members are not known. Fourthly, banks and businesses carry out their own customer assessments and are well placed to carry out their obligations under sanctions. They also have their own compliance procedures, which enable them to identify persons subject to sanctions and can be used to assist them to identify members of a group. For example, if we designate a group of persons acting in a geographical area, the compliance systems can then be used to pick up economic activity in that area and trigger a deeper investigation into the relevant account holders.

If this amendment were to be accepted, we would be unable to impose these kinds of measures in the cases that I have illustrated. This provision needs to remain to ensure that sanctions can be used as an effective tool for not just foreign policy but, importantly, national security. Noble Lords have alluded to the difficulties, which I fully acknowledge, but I hope that I have offered some degree of reassurance in the context of how they might be overcome.

The noble and learned Lord, Lord Judge, also mentioned the phrase “connected to” and designation by description in primary legislation. The issue remains that the connections and descriptions can be context-specific. For example, what is applied under counterterrorism sanctions may not be applied under Russian sanctions, hence the proposal to include these definitions as regulations. That said, he also referred again to the reports by the two committees. As I alluded to earlier, we are reflecting on the specific points that they have raised, including the one that the noble and learned Lord raised in the context of this debate. I will return to those points and reflect—

[Lord Patten (Con)]

I apologise for not having entered into the debate at an earlier stage but I have been reflecting on what the noble and learned Lord, Lord Falconer, said about the importance of legislation being specific. I also reflect on the fact that, working in the financial services as I do, I often see names but we are never quite sure who is behind the names. It may therefore be necessary to have a secondary back-up power to address the groups of unspecified people who one thinks are behind those whose names are specified. Much in the spirit of the noble and learned Lord, I suggest to my noble friend that he may wish to reflect on whether there is some way of specifying in the Bill that these are reserved powers, to be used under particular circumstances. That might well reassure those who feel that they are too overarching.

[Lord Ahmad of Wimbledon]

I thank my noble friend for his intervention. He speaks from experience and, as someone who spent 20 years in the financial services sector, I am acutely aware of the challenges presented by the issue of designations. I will of course take his suggestion and reflect upon it. To address particularly the point raised by the noble and learned Lord, Lord Falconer, this would be the exception. It would not be the norm but would be to cover situations that do occur and have occurred. I have sought in my response to illustrate the circumstances in which that would occur and, based on that, I hope that at this time the noble and learned Lord will be minded to withdraw his amendment.

[Lord Thomas of Gresford]

Can the Minister explain what the point is of having sanctions if you do not know who they are against? I am looking again at the memorandum to which I referred earlier, which says in paragraph 44:

“Designated persons attract individual sanctions, including asset freezes. Designations are an effective way of coercing or constraining individuals who are directly involved or closely associated with the activity or behaviour targeted by the sanctions. The Government would intend to publish the names of designated persons on a list on its website, and would also notify those persons, where possible, in accordance with clause 1. There are currently around 2000 designated persons under existing sanctions regimes implemented by the UK”.


If that is the purpose of it—to coerce or constrain individuals when you do not know who they are—how can these sanctions be effective in any way?

[Lord Ahmad of Wimbledon]

I suggest to the noble Lord that if there is a person who is not named but is connected to a group on which that sanction is being observed, that would stop them carrying out particular actions. It would ensure that that sanction was effective.

[Lord Judge]

My Lords, it really is not beyond the wit of parliamentary draftsmen to produce primary legislation that says, “Designated by name unless it is impracticable to do so” or “Save exceptionally”. That is not difficult, neither is it difficult for parliamentary counsel to produce for us a Bill which says, “Designated by identifying a group or body”. It is not a problem. I make a fuss about this because we are coming to Clause 16, which will enable a Minister to create offences punishable with 10 years’ imprisonment and define the defences. It will be open to the Minister to say in the regulations: “This is an absolute offence. You, the bank, have dealt with somebody for whom we gave a description. It did not quite fit but you dealt with him”. If we have an absolute offence created, I do not suppose that the bank will go to prison for 10 years. But the whole of this legislation goes together; the Bill needs to be seen in its overall context. I do not think that I should pursue it any further at this stage and I beg leave to withdraw the amendment.

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[Lord Judge]

Your name goes on the sanctions list before you are told, so as to avoid the dissipation of your assets, but afterwards you are told that you are now designated, these are the consequences, this is why it is happening, this is what you must not do, this is what you must do and—what is more—you had better know that it is X who has given us this information or that we think you are Igor Judge, but actually there is another Igor Judge who lives in, shall we say, Russia and it is him we are after. That way, you can very rapidly get your review looked at and justice done to you.

[Lord Ahmad of Wimbledon]

My Lords, I agree with the underlying principle of these amendments, which aim to ensure that designated persons are told the reasons why they have been designated and given sight of the evidence on which this designation is based as soon as is practically possible. I reassure noble Lords that I do not believe that these amendments are necessary. As is the case currently, the Government fully intend to inform all designated parties after their designation either directly in writing or, if we do not have an address for them, through the government website. This notification will set out clearly why they have been designated and the clear and transparent channels through which they can challenge their designation via a request for a reassessment of their designation or a legal challenge in the courts. While we intend to inform designated persons of the reason for their designation, as we have heard from the noble and learned Lord, Amendment 60 rightly highlights that some evidence may not be suitable for disclosure for national security reasons. In these cases, we would provide a summary of the information.

In short, this amendment would simply codify standards to which the Government are already committed and would in any case be expected to meet by the courts. The courts have already made several findings on the need for disclosure of reasons and evidence in cases of designations, which we think would continue to apply, and the Bill makes no effort to disturb these standards.

However, I have listened very carefully to this short but important debate and in the light of the powerful points put forward and the Constitution Committee’s comments, which the noble and learned Lord did not read out, I will consider further and come back to the House.

[Lord Lennie]

In the light of those helpful comments, I beg leave to withdraw the amendment.

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[Baroness Northover]

From these Benches, I concur. I look forward to hearing what the Minister is planning to do in light of the reports from the Constitution Committee and the Delegated Powers Committee.

[Lord Ahmad of Wimbledon]

My Lords, I agree with the spirit behind the amendments. Targeted sanctions inevitably involve significant impacts on the people affected by them. That reflects the purpose of sanctions, which are about changing behaviour. I shall repeat, as was mentioned by the noble and learned Lord, Lord Judge, and the noble Lord, Lord Collins, what I said at Second Reading: I reassure noble Lords that where relevant rights under the European Convention on Human Rights are engaged, we consider that proportionality and the impact on the individual will be part of the decision-making. Under Section 6 of the Human Rights Act 1998, the appropriate Minister must act in compliance with those convention rights as informed by the Strasbourg case law. We consider that that includes satisfying themselves that the designation is proportionate.

In the response to our consultation published in August, we made clear that our approach to sanctions would be compatible with UK and international law and we would continue to ensure that the UK’s obligations under the European Convention on Human Rights, particularly Article 6(8) and Article 1 of Protocol 1, are upheld when imposing and maintaining human rights and maintaining designation. However, as a result of the Human Rights Act 1998, the requirement to act proportionately applies across a wide range of legislation regardless of whether it is stated explicitly in the legislation. It is also relevant that the Bill contains a range of protections to ensure that designations are used appropriately.

In cases where the UK has chosen to act in an area where the UN is not acting, the affirmative procedure will apply, ensuring that Parliament has a vote. This will provide an opportunity for Parliament also to consider whether the designation powers being taken by the Government are appropriate. Parliament will also have the opportunity to consider the exceptions and licensing arrangements that will apply to a regime, which can allow, for example, the release of frozen funds to meet basic expenses or travel to be authorised for humanitarian reasons. The Bill further provides for an annual review of each sanctions regime against the purpose that it was put in place to achieve, which will involve looking at the current global picture. The Bill also provides opportunities for reassessments and court challenges.

I state all that because it is important for the record. I hope I have been able to provide noble Lords with reassurance. Nevertheless, while this debate has been extremely short, it is a pertinent one based on a word. I will therefore consider with my officials what further reassurances we can give and, as the noble Lord, Lord Collins, said, reflect on the committee reports. For now, though, I am minded to ask the noble and learned Lord to withdraw his amendment.

[Lord Judge]

On the basis that the Minister is going to reflect, I beg leave to withdraw the amendment.

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[Baroness Northover]

My Lords, this is part of the running theme of the Bill. Once again, we wish to know why Ministers need the wide powers that they appear to have through regulations. I do not need to repeat the arguments that were so well put earlier, but I flag the wide powers here once more. I beg to move.

[Lord Ahmad of Wimbledon]

My Lords, I shall speak to both amendments in this group, because although referring to different areas—UN lists and International Maritime Organization numbers—I believe that they have some similarities.

For sanctions to be effective, we believe that it is important that the Government act quickly and that the targets of sanctions are easily identifiable. This enables those who are affected by sanctions, including businesses, quickly to work out what they need to do to comply with whatever restrictive measures are put in place.

When a Minister is specifying a ship, they must be confident that they have identified the correct one. There are a variety of ways in which a ship can be identified—using the ship’s name, tonnage, or the country whose flag it flies. I am sure that noble Lords accept that all those details are important. However, they are also changeable. The most reliable way to identify a vessel is by referring to its International Maritime Organization number, which remains with the vessel throughout its lifetime. This is the method used by the UN to specify ships and one that the Government recommend.

The names of those who are on UN lists can be subject to regular changes. As an example, the UN list relating to North Korea has changed five times in the past year. The ability to refer to a UN list, without having to change regulations each time the UN list is amended, would not only be less bureaucratic but would result in less risk of mistakes. I hope that I have underlined the importance of referring to the UN and IMO lists when designating people and specifying ships and that, in the light of that, having provided that clarification, the noble Baroness will be minded to withdraw her amendment.

[Baroness Northover]

For the moment, I beg leave to withdraw the amendment.

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[Lord Collins of Highbury]

My Lords, I support all the amendments in this group and address particularly Amendments 40, 41 and 51 and the requirement for a fast-track process. Like the noble Baroness, Lady Northover, I welcome the Minister’s commitment to meet the NGOs before the next stage of the Bill. It is important to understand that their anxiety is not due to the Minister’s lack of commitment, his intentions or the policy of the Office of Financial Sanctions Implementation, which has a stated policy of processing licence applications for humanitarian purposes as quickly as possible. However, the NGOs and all the amendments in this group seek to create more certainty because, as the noble Earl mentioned, delays occur and when sanctions are biting hard we are unable to get assistance where it is needed. Humanitarian crises can emerge extremely suddenly and we are most concerned about how the new regime will deal with them. As the noble Earl said, there are plenty of examples of the costs of slow-moving sanctions policy—for example, in Somalia in 2011, where uncertainty about the sanctions regime slowed down the NGOs’ response to the famine in that country. I certainly support the proposal of the noble Baroness, Lady Northover, for a general licensing exemption. I hope the Minister will come back with some very concrete reassurances after meeting the NGOs, so that there will not simply be his kind words but a declaration in the Bill to ensure that uncertainty is removed.

[Lord Ahmad of Wimbledon]

My Lords, Amendment 39 seeks to enable the procedure by which individuals or entities could apply for licences and exceptions to be included in the regulations. Amendment 40 would require the Government to establish a fast-track process for dealing with requests in respect of exceptions and licences for humanitarian purposes, as the noble Lord, Lord Collins, just highlighted.

I would like to make it clear that the consultation on the White Paper raised the need for clear guidance and swift and robust licensing processes. I assure my noble friend Lord Dundee that the Government are committed to a positive reply on both issues. I hope the Committee will be reassured that, given the number of departments involved and the many different derogations, exemptions and grounds for licensing that exist, the relevant application procedures in each sanctions regulation are all contained in guidance. This guidance is publicly accessible to all via various departmental websites. To reproduce them in the regulations themselves would certainly create a substantial administrative burden and greatly lengthen the instruments, so we do not think it is necessary to do that.

On Amendment 40, the variety and complexity of exemptions and licensing arrangements in place means it could also be difficult to establish a single fast-track process that would be straightforward to operate. The Government believe that the criteria for considering the prioritisation for granting licences and exemptions should remain as flexible as possible. We have already committed to dealing with licences as swiftly as possible and we will of course prioritise urgent requests. The fact that a licence is required for humanitarian reasons is something that we already factor into, and will continue to factor into, the time we take to respond to the request. However, I am sure that noble Lords will also acknowledge that humanitarian licences are not the only ones that might require an urgent response. For example, a legal fees licence might be needed to enable an imminent court deadline to be met. To have a fast-track procedure confined to humanitarian licences alone might put these at additional risk by giving priority to a humanitarian needs licence that is not urgent over another request that is. For all these reasons, we do not consider that new requirements need to be added to the sanctions regulations.

I appreciate the sentiment behind Amendment 41, which proposes that a consultation be undertaken for an overarching framework for exceptions and licences. The White Paper consultation on exceptions and licences highlighted the need for good systems and clear guidance when applying exceptions and licensing. We have taken on board the comments of all respondents and replied to them and, as we said in our reply, we intend to design the post-Brexit licensing framework based on these representations. We also intend to consult industry from now until the day we leave the European Union and thereafter, to ensure that the framework allows us to be flexible and has the minimum possible effect on industry while having the maximum effect on the intended targets.

It is also true that an overarching framework for licences might not allow us to take advantage of the flexibility that we currently have for each regime. For example, the licensing grounds for a proliferation regime should be different from those of a misappropriation regime. Different types of sanctions also require different approaches. We currently have centres of expertise on the different types of sanctions, and any move to an overarching framework might put these at risk.

Finally, the Committee will be aware that the moment of leaving the EU is approaching. In that time, after the Bill is enacted, we will need to design the replacement UK regimes. To undertake a consultation exercise on top of that will make it harder to prepare in time. Given that the purpose of this amendment is to ensure good licensing and clear guidance, I hope I have been able to reassure the Committee that we are committed to both.

On the humanitarian exceptions, I have great sympathy with the intention behind Amendment 42; humanitarian, development, reconstruction and peacebuilding agencies need to continue the important work they conduct, often in very difficult circumstances, without fear of unintentionally falling in breach of sanctions. The Government should have the necessary discretion to enable this. The intended effect of this amendment is to make it explicit in the Bill that the types of exceptions that can be granted include,

“humanitarian, development, reconstruction and peace-building agencies”.

However, the addition is unnecessary, as Clause 14(2) as currently drafted allows the Government to create exceptions and issue licenses for activities that are not explicitly listed in Clause 14(2). It is the Government’s intention to use this drafting to create exceptions for a wide range of activities. Humanitarian activities are currently included under existing exceptions and licensing provisions in the sanctions regimes in place, and I assure noble Lords that we intend to continue to include them. Clause 14(6) is an additional clarification of purposes for which exceptions can be created, not an exclusive list. For this reason, accepting the amendment would have no effect on the powers, as they are already contained there and therefore unnecessary.

Clause 14(2)(b) also gives a power to issue general licences. This goes further than the position we currently have under EU law, giving the Government the ability to put in place licensing arrangements for humanitarian purposes, which would enable multiple parties to undertake specified activity without the need for a specific tailored licence. Given that this provision is unnecessary as we already have this power, I hope noble Lords will not press the amendment.

I entirely agree with the intent—although the drafting may need to be looked at—of Amendments 50 and 51, which we understand require the Government to provide guidance about enforcement procedures for sanctions breaches. The need for clear and accessible guidance was highlighted throughout the Government’s consultation on the White Paper. In our response, we said:

“We recognise the call for clear and consistent guidance. Accordingly, the bill would provide for the government to issue guidance on the content and implementation of sanctions. The government is committed to ensuring that this guidance would be of a high standard”.


I am happy to say that the Government have delivered on that promise and have included a provision in the Bill—Clause 36—requiring Ministers to issue guidance about any prohibitions and requirements imposed by sanctions regulations. There will be a mandatory requirement to provide comprehensive guidance for all those affected by sanctions implementation. One strand of the guidance requirement set out in Bill—in Clause 36(2)(b)—explicitly specifies that the guidance may cover,

“the enforcement of the prohibitions and requirements”.

In line with this, we intend to continue to publish guidance on sanctions enforcement.

Clause 36, which we will debate at a later stage, provides for a more comprehensive duty than that specified in the amendment. It has been drafted to allow guidance to be given to all persons in the UK and it enables consultation with sources of expertise as appropriate. For example, we do not expect that the CPS will need to feed into any guidance about how civil monetary penalties are issued in respect of breaches of financial sanctions.

My noble friend Lord Dundee asked specific questions about help for NGOs. I am not sure whether he was in your Lordships’ House when I discussed that matter with the noble Lord, Lord Collins, and the noble Baroness, Lady Northover. We will be meeting NGOs before the next stage of the Bill to discuss how we can better understand and address some of their concerns, but we will continue to issue clear guidance to them. I also assure my noble friend that we will provide speedy and efficient responses to requests for licences. As I have already indicated, under the Bill we can issue general licences, which offer more comfort to banks—which I believe my noble friend specifically mentioned—and give them a greater appetite to assist in these areas.

With that somewhat detailed explanation of where we currently stand on Clause 36, I hope the noble Baroness will be minded to withdraw her amendment.

[Baroness Northover]

My Lords, I thank everybody, especially the noble Earl, Lord Dundee, for contributing at this late stage of the evening. I welcome that. I agree with the noble Lord, Lord Collins, about the need for certainty in the Bill. I noted what the Minister said. It reflects the complexity of Brexit and the energy that it is taking up, even in this area, and I therefore look forward to the meeting with NGOs that he has promised. In the meantime, I beg leave to withdraw the amendment.

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[Lord Ahmad of Wimbledon]

My Lords, the provision for sharing information is vital to ensure that a sanctions regime works in practice. For example, the provision of information by the private sector is essential in monitoring the financial transactions of sanctioned persons. We need this information to ensure effective implementation and compliance with our obligations under the various sanctions regimes, and to ensure robust enforcement when the law is broken.

The information powers contained in the Bill will ensure that sanctions regimes continue to work effectively by requiring people to report relevant information and by authorising the sharing of information. It may be helpful for me to specify those powers. They provide the basis for the Government to monitor compliance with the regulations; to investigate and obtain evidence if they believe that the regulations have been contravened or circumvented; and to share information with third parties to enable co-operation on the development of sanctions and enforcement efforts.

There is already a duty in EU law on all persons in the UK to supply information to the relevant competent authorities. We currently make failure to comply with this duty an offence only in relation to “relevant institutions” in the regulated financial services sector and “relevant businesses or professions”. We could, if we chose, apply this duty more widely. Clause 15 has been drafted widely to enable the duty to be placed on, and the offence of not supplying information on financial sanctions breaches to apply to, all persons in the UK. The extension of this offence to cover everyone who obtains such information in the course of their business would equalise the scope of the offence with the scope of the related duty. This will give the Government the ability to compel production of information to aid the investigation of reported breaches and ensure there is effective redress for not complying with legal obligations. The regulations will safeguard how the information is used, stored and shared. This will be consistent with the Government’s data protection, commercial and banking confidentiality obligations.

These powers provide the basis for the Government to continue monitoring compliance with the regulations and to obtain evidence if they believe that the regulations have been contravened or circumvented. They will also enable the Government to share information with partners to aid their enforcement efforts.

The deletion of two key paragraphs as suggested in Amendment 43 would have a serious impact on the enforcement of UK sanctions. Let me illustrate how. First, powers of entry set out in paragraph (d) are essential for compliance inspectors to check that the terms of general licences have been upheld and that there has been no circumvention of sanctions. These powers are in line with those in the Export Control Order 2008, which were reviewed in 2014 and considered necessary for ensuring compliance with the terms of licences. Without them, authorities would be unable to check that exporters were complying with the terms and conditions of their licences if they were unco-operative.

Secondly, deleting paragraph (e) would completely remove our ability to authorise the sharing of information relating to designated persons. This is essential both for law enforcement purposes and for liaising with international bodies and our foreign partners on compliance and enforcement in individual sanctions cases. It would also have unwanted effects as we would be unable to communicate information to designated persons, them affected by sanctions and the wider UK. We maintain that the powers in paragraphs (d) and (e) ensure continuity with the existing legislation. Both will continue to be needed for sanctions when we leave the EU.

Amendment 44 seeks to ensure that legal professional privilege, or in Scotland the obligation of confidentiality, is upheld. I would like to say first and without any reservation that of course we do, and intend to continue to, respect legal professional privilege, a point made by the noble Lord. This is the position we currently take in all sanctions regulations and we intend to continue to do so. As the Bill does not explicitly authorise the Government to make regulations that remove this privilege, we do not think we would be able to do so if we so desired. Any such cavalier use of the power would surely be struck down by the courts. I hope that I have reassured noble Lords of the Government’s intentions towards legal professional privilege and that any departures from it can and undoubtedly will be the subject of a judicial decision.

Finally, I turn to Amendment 45. I think I understand the intent of this amendment. It is to ensure that persons who do not have ministerial accountability cannot request information from sanctioned persons or use that information. However, the amendment unnecessarily limits the Government’s ability to request information which is vital for ensuring that sanctions can be enforced and implemented in a robust manner. It will increase the workload of Ministers significantly and unnecessarily if they are required to approve every single information request relating to sanctions. It would also cause difficulty where the Minister is not the appropriate authority. For example, shipping and aircraft sanctions will be implemented by bodies outside Whitehall such as the Civil Aviation Authority, harbour authorities, and the Registrar General of Shipping and Seamen. Depriving them of the ability to seek and use information will make it harder to implement sanctions and will only assist those who avoid or breach them. This clause allows us to work with industry to ensure that sanctions are effective and that we have all the necessary information and evidence available.

The restriction on who can use the information requested would create difficulties in the use of powers to impose civil monetary penalties for breaches of financial sanctions given to HM Treasury in the Policing and Crime Act 2017. In that law, the relevant Minister is required to personally review penalty decisions imposed by the Treasury; the Minister’s view is independent of Treasury officials. The amendment would place the Minister in the investigatory and decision-making process, and then the review process. This would not be appropriate and would give rise to challenge on appeal on process grounds.

I understand the concerns that the Committee might have about these powers being more widely available, as the noble Baroness mentioned, but I hope I have reassured the Committee that we believe that they are necessary for the effective implementation of sanctions. Moreover, I hope the Committee will also be reassured by the fact that the appropriate Minister cannot make regulations delegating powers which are incompatible with the basic and fundamental rights of people in the UK. Indeed, as noble Lords will know, Section 6 of the Human Rights Act 1998 forbids it. I hope that, with this detailed explanation, the noble Baroness is reassured and will withdraw her amendment.

[Baroness Northover]

I thank the Minister and others. He will know that the deletion of clauses is, as is usual in this place, a challenge to the Minister to come up with something that is more consistent with amendable primary legislation. That is what we are seeking here, along with more specific detail. I have already made reference to the fact that it is difficult to see that the Human Rights Act is necessarily the protection the Minister thinks it might be, but in the meantime, I beg leave to withdraw the amendment.

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[Lord Collins of Highbury]

My Lords, I do not want to repeat the comments that have been made. The one thing that I would make clear to the Minister is that he has a wide range of opinion against him on this, not least the Law Society’s own briefing, which raised huge concerns about this clause. The Constitution Committee has been very clear. The Delegated Powers Committee has also raised concerns, even though it says that the Foreign & Commonwealth Office has made “a compelling case” in relation to this.

The noble Baroness, Lady Bowles, referred to the argument that it is impossible or too difficult to create a framework. The Delegated Powers Committee said that,

“the FCO’s reasons provide a compelling case for allowing the creation of criminal offences in sanctions regulations … Trying to set out the offences in primary legislation would risk producing offences and penalties that are defective or disproportionate or both”.

We have heard in the debate that it cannot be beyond the powers of the Minister to come up with a much better answer to this difficulty than the one currently being offered by his department. Even though the Delegated Powers Committee says that there is a compelling case, it thinks that parliamentary scrutiny should be enhanced if these powers are conceded. So I hope that the Minister will give deep thought to this and come back at some stage with a much better and more acceptable option.

[Lord Ahmad of Wimbledon]

My Lords, obviously I have noted the opinions that have been expressed, as the noble Lord, Lord Collins, said. I see that your Lordships’ Committee is concerned about the new criminal offences. To be clear: these types of offences already exist. People who breach financial, trade, immigration and transport-related sanctions can be convicted for those breaches in the criminal courts. We will continue to legislate on this basis so that breaches of sanctions can continue to be an offence.

We have set safeguards. We have set a cap of 10 years on maximum sentences for breaches of trade sanctions, which is consistent with the Export Control Act; for breaches of financial sanctions the cap is set at seven years, which is consistent with recent changes introduced by the Policing and Crime Act 2017. Coming back to the point made by the noble Lord, Lord Thomas, about differentiation between the types of offence, we have lower sentences in respect of information provisions and money laundering regulations.

I hear what noble Lords have said. The purpose behind the sanctions is to replicate the existing legal frameworks for enforcement across the various forms of UK sanctions that will be created by the Bill. For all types of sanctions, Clause 16 includes provision for creating offences and dealing with offences, including defences and the treatment of evidence. It also provides for powers and duties to be vested in persons who assist in the enforcement of any prohibitions. For example, for trade sanctions, Clause 16 enables regulations to apply any provision of the Customs and Excise Management Act 1979, which provides a full suite of powers for the enforcement of these measures. The clause also enables civil monetary penalties, introduced in the 2017 Act, to continue to be issued for breaches of financial sanctions. It does not extend these to other types of sanctions. It also enables regulations made under the Bill to replicate the current position on maximum terms of imprisonment. I have already referred to that. It contains further powers for deferred prosecution agreements and serious crime prevention orders for all measures in the Bill.

Clause 16 also makes a provision that would enable the UK to extend the existing offence of failing to supply information on financial sanctions breaches. As noble Lords know, there is an existing duty on everyone to supply such information, which will be transposed by the Bill. However, the associated criminal offence for not doing so applies only to relevant institutions in the regulated financial services sector and relevant businesses or professions. The Bill enables the UK to equalise the scope of that duty and offence, as I said earlier, by making it a general offence applicable to everyone.

I assure the Committee that I am listening carefully to the representations being made, in particular those made by the noble and learned Lord, Lord Judge. However, we believe that the sanctions enforcement provisions, including criminal and civil penalties, remain proportionate to the scale and nature of sanctions breaches and that they will continue to act as a deterrent. That is the ultimate objective. Although I am sure I will not get a ringing endorsement for—or agreement with—everything I have said, I hope I have outlined where the Government are coming from in drafting Clause 16. Based on my explanation, I hope the noble and learned Lord will be minded to withdraw his amendment.

[Lord Judge]

My Lords—

[Baroness Northover]

My Lords, it is this noble Lord doing that.

[Lord Ahmad of Wimbledon]

I am sorry.

[Baroness Northover]

The Minister will have heard the voices, including those from behind him on his own Benches. The noble and learned Lord, Lord Judge, was right to get up because I knew my best bet was to introduce the amendment briefly and pass it across to him. The Minister will have heard him, too. Something tells me that we will return to this on Report and that various things will happen in between but, in the meantime, I beg leave to withdraw the amendment.

Yemen: Humanitarian and Political Situation

Lord Ahmad of Wimbledon Excerpts

Monday 20th November 2017 Lords Chamber

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

My Lords, with the leave of the House, I shall now repeat a Statement delivered in another place by my right honourable friend Alistair Burt, the Minister for the Middle East and North Africa. The Statement is as follows:

“With permission, Mr Speaker, I would like to make a Statement to the House on the humanitarian and political situation in Yemen and the implications of the conflict for regional security.

Her Majesty’s Government remain deeply concerned by the humanitarian situation in Yemen and the impact recent restrictions are having on what was already the worst humanitarian crisis in the world and largest ever cholera outbreak. We recognise the risk of a severe deterioration of the humanitarian situation if restrictions are not quickly removed, and call on all parties to ensure immediate access for commercial and humanitarian supplies through all Yemen’s land, air and sea ports.

But we should be clear about the reality of the conflict in Yemen. The Saudi-led coalition launched a military intervention after a rebel insurgency took the capital by force and overthrew the legitimate Government of Yemen as recognised by the UN Security Council. Ungoverned spaces in Yemen are being used by non-state actors and terrorist groups to launch attacks against regional countries, international shipping lanes and the Yemeni people. As my right honourable friend the Foreign Secretary has made clear, we strongly condemn the attempted missile attack against Riyadh on 4 November. This attack, which has been claimed by the Houthis, deliberately targeted a civilian area and was intercepted over an international airport.

The United Kingdom remains committed to supporting Saudi Arabia to address its legitimate security needs. We are therefore deeply concerned by reports that Iran has provided the Houthis with ballistic missiles. This is contrary to the arms embargo established by UN Security Council Resolution 2216 and serves to threaten regional security and prolong the conflict.

I understand that a UN team is currently visiting Riyadh to investigate these reports. It is essential that the UN conducts a thorough investigation. The UK stands ready to share its expertise to support this process, but we recognise that those who suffer most from this conflict are the people of Yemen. We understand why the Saudi-led coalition felt obliged temporarily to close Yemen’s ports and airports in order to strengthen enforcement of the UN-mandated arms embargo. It is critical that international efforts to disrupt illicit weapons flows are strengthened.

At the same time, it is vital that commercial and humanitarian supplies of food, fuel and medicine are able to reach vulnerable Yemeni people, particularly in the north, where 70% of those in need live. Even before the current restrictions, 21 million people were already in need of humanitarian assistance, and 7 million people were only a single step away from famine. Some 90% of food in Yemen is imported, and three-quarters of that comes via the ports of Hodeidah and Salif. No other ports in Yemen have the capacity to make up that shortfall. Our NGO partners in Yemen are already reporting that water and sewerage systems in major cities have stopped operating because of a lack of fuel. This means that millions no longer have access to clean water and sanitation, in a country already suffering from the worst cholera outbreak in modern times.

The current restrictions on access for both commercial and humanitarian shipments risk making an already dire situation immeasurably worse for the Yemeni people. We have heard the UN’s stark warnings about the risk of famine. So again I say that we call on all parties to ensure immediate access for commercial and humanitarian supplies to avert the threat of starvation and disease faced by millions of civilians.

We also call for the immediate reopening of Hodeidah port and the resumption of UN flights into Sanaa and Aden airports, as the Foreign Office statement on 15 November made clear. Restrictions on humanitarian flights are causing problems for humanitarian workers, including British nationals, who wish to enter or exit the country.

We have been urgently and proactively seeking a resolution of this situation. Our ambassador in Riyadh has been in frequent contact with the Saudi Foreign Minister. My right honourable friend the Foreign Secretary has discussed the situation in Yemen with the Crown Prince, with whom we have emphasised the urgency of addressing the worsening humanitarian crisis. My right honourable friend the Secretary of State for International Development, since her appointment on 9 November, has spoken to both the UN Secretary-General and the Under-Secretary-General for Humanitarian Affairs about the situation in Yemen.

We are also continuing to work closely with other regional and international partners, including the UN. On 18 November, my right honourable friend the Foreign Secretary spoke to the UN Secretary-General. Central to this discussion was how the security concerns of Saudi Arabia can be addressed to enable these restrictions to be lifted. It is vital that the UN and Saudi Arabia enter into a meaningful and constructive dialogue on this.

More broadly, we will continue to support the people of Yemen through the provision of life-saving humanitarian supplies. The UK is the fourth largest humanitarian donor to Yemen and the second largest to the UN appeal, committing £155 million to Yemen for 2017-18. UK aid has already provided food to almost 2 million people and clean water to more than 1 million more.

The only way to bring long-term stability to Yemen is through a political solution. That is why peace talks remain the top priority. The Houthis must abandon preconditions and engage with the UN special envoy’s proposals. The UK has played, and continues to play, a leading role in the diplomatic efforts to find a peaceful solution. This includes bringing together key international actors, including the US, Saudi Arabia, and Emirati and Omani allies, through the Quad and Quint process. We intend to convene another such meeting shortly. It is vital that we work together to refocus the political track.

The UK will also continue to play a leading role on Yemen through the UN. In June, we proposed and supported the UN Security Council presidential statement, which expressed deep concern about the humanitarian situation in Yemen. The statement called for an end to fighting and a return to UN-led peace talks, and stressed the importance of unhindered humanitarian access. It is vital that the words of the text be converted into action. The international community’s unified and clear demands must be respected. I commend this statement to the House”.

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[Baroness Northover (LD)]

My Lords, I too thank the Minister for repeating the Statement. Yemen now faces an intensified blockade. As he indicated, the UN estimates that 7 million are at risk of dying from starvation. As he has said, Yemen imports up to 90% of its daily needs, including fuel. The situation is therefore appalling. What is the upshot of the recent discussions, which the Minister mentioned, that Ministers have had with their Saudi counterparts regarding humanitarian access to Yemen’s population?

Criticism has been made of the UK because we assist with humanitarian help but also sell arms to Saudi Arabia. What discussions has the Foreign Secretary had with the Secretary of State for Defence regarding UK arms sales to Saudi Arabia?

What hopes does the Minister have for the efficacy of working with international partners to restart the peace process in Yemen, which again he mentioned? What recent assessment have the Government made of the need for an independent investigation of possible war crimes committed by both sides of the conflict in Yemen? In terms of the humanitarian situation, how will fuel shortages be immediately addressed? Is it recognised that this has an impact on the availability of drinkable water and that hospitals cannot be kept open without power? Does he note that refrigeration units for essential medicines are being turned off for periods of time to save fuel? What is being done to address the lack of medicines? Is he concerned that cholera and diphtheria are among some of the diseases that are currently spreading?

Does the Minister agree that food distribution systems are now under severe threat? Does he agree—it sounds as if he does—that the reopening of Aden port is simply not enough in this situation? Does he agree with those who say that what is happening amounts to collective punishment—holding a civilian population accountable? Does he agree that Saudi Arabia must lift or at least ease the blockade, and that if this does not happen we will see images of man-made famine within days?

[Lord Ahmad of Wimbledon]

My Lords, I thank the noble Lord and the noble Baroness for their comments. I agree with the content and the sentiments that they have expressed. Not only have we all been appalled by the horrors that we have seen unfolding on our screens but the situation is, in its utmost sense, really impacting the people who have suffered the most—the Yemeni people.

Picking up some of the specific questions, I assure all noble Lords, particularly the noble Lord, Lord Collins, and the noble Baroness, Lady Northover, that the United Kingdom continues to work at all levels. I alluded in the Statement to our work in the Quint and the Quad. We believe that those regional partners are essential in bringing peace to Yemen. I will be very open, and I have said this before about the situation in Yemen, that there are proxy wars fought within that country and it is important that all parties now call a halt to allow for humanitarian access. We maintain that a political solution and peace talks are the top priority and that a political solution is the best way to bring long-term stability. In that regard, the UK continues to support the efforts of the UN special envoy and—again, as I alluded to in the Statement—we are looking to call a meeting of the Quint and the Quad in the near future.

I mentioned, as the noble Lord, Lord Collins, and the noble Baroness, picked up, recent meetings with the Secretary-General of the United Nations. I was present in a meeting with the Foreign Secretary when this matter was discussed in great detail. We continue to make representations at the UN Security Council—I am sure that we all acknowledge the efforts of Ambassador Rycroft in this regard—but there are challenges to achieve the consensus required in the Security Council to get the traction that we saw from the presidential statement made in June this year.

The noble Baroness asked about the spiralling cholera crisis and the specific issue of diseases which are impacting the local Yemeni population. In that regard, I assure her that our response continues to be about prioritising life-saving food for 1.8 million people for at least a month, nutrition support for 1.7 million people and water and sanitation, which is acutely required, for 1.2 million people.

As well as providing this aid, the UK continues to play a leading role in lobbying all parties to allow safe, rapid and unhindered humanitarian access. To ensure that, of course we make representations at the highest level to the Saudi authorities, who continue to assure us that their intent is not to cause starvation but to ensure that missiles do not enter Yemen. However, we have once again stressed to them that any security concerns must also address the deeply harrowing scenes that we see of a deteriorating humanitarian crisis. We continue to lobby very hard in this respect.

The noble Lord and the noble Baroness also raised the issue of arms support to Saudi Arabia. I assure all noble Lords that the key test for our continued arms support to Saudi Arabia in relation to international humanitarian law is whether there is a clear risk that those items subject to the licence might be used in a serious violation. The situation, as the noble Lord acknowledged, is kept under review. When it was tested in the summer, the particular Divisional Court statement dismissed the claim that these arms may be used in the conflict in Yemen, but we continue to stress to all authorities and all parties that the first and primary aim must be to secure humanitarian access and that to do so requires the opening up of both ports and the airport. In doing so, we will continue to work with international partners to ensure that that can be done safely to allow the access which is so desperately required.

[Lord Marlesford (Con)]

My Lords, was Her Majesty’s Government in a position to warn Prince Mohammed bin Salman, then defence Minister, now Crown Prince, how unwise it would be to intervene in this military conflict, for several reasons? The obvious one is that using sophisticated western weapons on their own would never win that war. The only way, as we have seen in Iraq and Syria, is boots on the ground, and the last time there was a major boots-on-the-ground intervention in Yemen was in 1964-66, when Egypt suffered 28,000 casualties.

Secondly, does he realise how undesirable it has been to extend the Sunni-Shia conflict in this way? Thirdly, it is very clear that the humanitarian results have been a disaster. Fourthly, the Statement referred to the ungoverned spaces. Those of us who have been to Yemen know that a large part of the interior of Yemen is ungoverned. The Sanaa Government had control only over the main highways. Finally, does he realise how dangerous it has been for Saudi Arabia itself? It is not unconnected with the recent purge of princes in Saudi Arabia, under the pretext of fighting corruption.

[Lord Ahmad of Wimbledon]

My noble friend makes a number of important points. I can assure him on one of the central points that he makes, when he gets to the heart or crux of the challenge and the issue on the ground in Yemen—the protracted dispute and regional rivalries being played out in Yemen. In recent history, the current crisis was exacerbated when the then legitimate Government, who had support, was removed by the rebel Houthis, supported again by other regional players in the area. It is important to recognise, as he says, that, as we have made clear to all parties, including the Saudis, protracted conflict through use of military actions and the restrictions that are being applied will not result in the long-term solution required on the ground, which can be achieved only by all parties coming together. That is what we are emphasising not just through the political solution that we seek through the United Nations but through the work that we are doing with key regional players, including the Emiratis—yes, the Saudis as well—but also the Omanis, in ensuring that through the Quint and the Quad we bring all relevant parties forward towards that political solution.

[Lord Hain (Lab)]

My Lords, will the Government accept that their one-sided approach to this whole crisis is prolonging it? The Minister made criticisms of Iran, and rightly so, but he made no criticisms at all of the Saudis, although their strategy is acting as a recruiting sergeant for militant rebels and encouraging Iranian influence in the region. Surely, there should be an even-handed attitude between Iran and Saudi Arabia to get both to accept their responsibilities for this conflict, or we will see a disaster on the kind of scale that we have seen in Syria—and I say that as a former UK Middle East Minister.

[Lord Ahmad of Wimbledon]

Of course, the noble Lord speaks with experience in this regard. I assure him that, as I have said already from this Dispatch Box, not just today but previously as well, regional conflicts are being played out not just in Yemen but in other parts of the Middle East, which tragically go back to a core conflict that exists in the schism, tragically, in the Islamic faith. However, that should not detract from the fact that the United Kingdom, as I assure him and all noble Lords, makes the strongest representations to the Saudis. I assure him that we have tried to ensure that the Saudis and all regional partners bring to an end this conflict, which has gone on for far too long.

[The Lord Bishop of Leeds]

My Lords, I endorse entirely what the noble Lord, Lord Hain, has just said, but I would really want a further commitment. The Statement said:

“The United Kingdom remains committed to supporting Saudi Arabia to address its legitimate security”,


concerns, which of course are complex. Does that mean that we apply pressure on the Saudis as well to lift the blockade? We know that there are other agendas running in Saudi Arabia and that its policy is stuck in Yemen—it has got into a position that it did not want to be in. But the sheer volume of arms sales that we make to Saudi Arabia surely gives us some clout in exerting considerable pressure.

[Lord Ahmad of Wimbledon]

I agree with the right reverend Prelate. That is why we have done that, not only through bilateral representations but in international fora as well—indeed, as the Human Rights Minister in the Foreign and Commonwealth Office at the Human Rights Council in September, I made specific reference to the situation on the ground in Yemen. Of course, whether they are our allies or friends, we have leverage over them in influencing their policies and decisions and we continue to make representations to the Saudi Government. I assure him that we take our arms export licence responsibilities very seriously and operate one of the most robust arms and export control regimes. In doing so, we seek to ensure that all elements of international humanitarian law are respected—a point that we have repeatedly made to the Saudi Arabian Government and other members of the military coalition as well.

[Lord Hannay of Chiswick (CB)]

My Lords, I am sure that the noble Lord is aware that, even at the height of the tension between the international community and Iraq, food and medicine were never cut off. Surely this point should be made forcefully to the Saudi Government. It is no good saying that they are cutting it off in order to make sure that no missiles are shipped in. Frankly, that is not very convincing. Will the Minister look again at the recommendation that the International Relations Committee of this House made in its report in April: namely, that it might be necessary to tell the Saudi Government very quietly—not noisily, but quietly—that if they do not play a more helpful role in this conflict, we will have to consider cutting off some of the licences we currently have? Could he please take that back and look at it again? It was a very serious recommendation; it was not a recommendation to stop all arms sales to Saudi, which would be quite unrealistic. Could he look at that again, because I think the circumstances are such that we cannot just go on wringing our hands? The Statement made all the right remarks—but none of it is happening.

[Lord Ahmad of Wimbledon]

I assure the noble Lord, who speaks from great international experience in this regard, that I agree with him that we need to ensure that all levers and influences are brought into play to ensure that all parties, including the Saudis, make all the necessary efforts to ensure that all life-saving aid—and not just life-saving aid but humanitarian aid—is delivered unrestricted. He pointed to the International Relations Committee report and I will, of course, look at it again.

[Baroness Falkner of Margravine (LD)]

My Lords, given his role as a human rights Minister, does the noble Lord accept that Saudi Arabia’s presence on the Human Rights Council is deeply unhelpful? Is he aware of the UN’s own report, issued today, which states that the highest number of human rights-violating states have now been elected to the UN Human Rights Council? Does he think it is good enough for the Human Rights Council to have asked for a review of the situation in Yemen, which will give an oral report back in March and a written report only in September next year? Why do Her Majesty’s Government not convene an extraordinary meeting of the Human Rights Council? You only need a third of members: 16 states. That is all the noble Lord has to do. He talks about working with other allies; he could start with the EU.

--- Later in debate ---

[Lord Ahmad of Wimbledon]

I assure the noble Baroness that I take a very robust approach to ensuring that we call out human rights violations through our membership of the Human Rights Council, as I am sure she well knows. The other members of the Human Rights Council are, of course, democratically voted for. I reassure her that we raise all issues connected with any kind of human rights violations regularly and consistently—and not just at the Human Rights Council. On this particular issue we have pressed very hard to reach the consensus that is required in the context of the UN Security Council. British pressure was brought to bear. That is one of the key areas where we will see traction at political level. The noble Baroness knows the area very well, and the different players involved and the different influences on the different parties to this conflict. Therefore, concerted political will is required at an international level—at the highest level—to get the peace settlement to this conflict that we all seek.

[Baroness Goudie (Lab)]

My Lords, today is Universal Children’s Day and it is appalling that we see children in Yemen in this situation. As we know, women and children bear the brunt in all war-torn areas, and this war-torn area is much worse than anything else. The Statement talks about bringing the parties together. Are local women part of that undertaking?

[Lord Ahmad of Wimbledon]

First, the noble Baroness makes a pertinent point. In any conflict, tragedy or humanitarian crisis across the world, it is tragic that the most vulnerable, but particularly women and young children, suffer the most. I am acutely aware that the tragedy unfolding in Yemen is impacting on them. That is why we have stressed the importance of opening up humanitarian access. On how we move the situation forward, in terms of groups on the ground, this will require a political settlement. However, I say openly that it will require political will at a much more senior and international level to ensure that we get that engagement. However, for a final solution we will absolutely require local players, including local women’s groups, to ensure that we get not only access but sustainable humanitarian access points, not just for a week or two but during the resolution of the conflict.

[Baroness Hayman (CB)]

My Lords, the Minister said that Her Majesty’s Government had been assured that it was not the intention of the blockade to cause starvation. However, in a country where 7 million people are dependent on food aid, if it cannot get through, that is exactly the effect of the blockade—and because of that effect people are dying. Last week the Disasters Emergency Committee—I declare my interest as a trustee—described the humanitarian situation as “catastrophic” in terms of access to food, medicines and supplies. Will the Minister take seriously the words of my noble friend Lord Hannay and look at how we can avoid, in another fortnight’s time, having exactly the same debate in this Chamber but see some progress—if not on the eventual political solution, which we all know is necessary, then on ending this catastrophic blockade?

--- Later in debate ---

[Lord Ahmad of Wimbledon]

I agree with the sentiments expressed by the noble Baroness. We are all at one on the issue that needs to be resolved first, which is that of ensuring not just immediate but consistent access to those who need humanitarian and acute medical assistance on the ground. The Government’s Statement that I repeated earlier is clear. I assure noble Lords that we are working to ensure that the first priority is that humanitarian access. Of course, I listen carefully to the representations which are made in this House and I will certainly consider them further.

[Lord Lea of Crondall (Lab)]

My Lords, not many questions on this dreadful situation have a yes or no answer—but one question certainly does, and it has been alluded to by almost every speaker. I refer to arms sales. A month or so ago the Minister’s predecessor, the noble Baroness, Lady Anelay of St Johns, answered a question from me on why we have a dog in this fight. She said that we do not and that we are even-handed—or words to that effect. If that is the case, can the Minister confirm or deny the reports, which are very persistent, that British arms are going to one side and not to the other? That is not even-handed. So my question is: is that true—yes or no?

[Lord Ahmad of Wimbledon]

The noble Lord asked for a yes or no answer. If you are supporting Saudi Arabia as an ally of the United Kingdom, you are supporting an ally, and you do not resolve a conflict by providing arms to AN Other. We provide arms exports to Saudi Arabia, which we acknowledge. At all times we impress on it the need to respect international humanitarian law. However, I repeat what I said earlier. A judgment on 10 July dismissed a claim brought by the Campaign Against Arms Trade concerning arms exports to Saudi Arabia for possible use in the conflict in Yemen. The judgment recognised Her Majesty’s Government’s rigorous and robust processes to ensure that UK defence exports are licensed consistent with the consolidated EU and national arms exports licensing criteria. We are very particular about ensuring that that basis is retained and we continue our review quite robustly in that regard. The noble Lord said that this was a complex situation, and I agree. However, as I said, if you supply arms to an ally, a resolution is not to be found by ensuring that you supply to the other side as well.

[Lord Elystan-Morgan (CB)]

My Lords, without in any way seeking to minimise or absent the questions relating to military intervention and famine, perhaps I may ask the Minister about cholera. There have been 575,000 cases since 27 April, when the epidemic was first declared, and it is getting worse all the time. However, there cannot be any solution unless a plenitude of clean water is provided for the community. Can the Government say what priority they are giving to that crucial aspect?

[Lord Ahmad of Wimbledon]

The noble Lord raises a very valid point. Obviously, the disease that has followed the conflict is down to a lack of sanitation and clean water. The noble Lord points to statistics, and it is true that the situation on the ground gets worse not just every week but every day. I assure him that our priority in humanitarian terms is to look at providing appropriate vaccines, but the focus is also very much on water and sanitation—the issue that he rightly raised.

Permanent Structured Cooperation

Lord Ahmad of Wimbledon Excerpts

Thursday 16th November 2017 Lords Chamber

[Lord West of Spithead]

To ask Her Majesty’s Government what is their assessment of the Permanent Structured Cooperation process agreed by 23 European Union member states on 13 November.

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

My Lords, as my noble friend Lord Howe affirmed to our EU partners at Monday’s Foreign Affairs Council with Defence Ministers, we welcome Permanent Structured Cooperation as a useful tool to support the development of the capabilities that Europe needs for its security, provided it remains complementary to NATO and encourages EU-NATO co-operation. The United Kingdom’s approach reflects our continuing commitment to European defence and security and to protecting the interests of UK industry.

[Lord West of Spithead (Lab)]

My Lords, I thank the Minister for that Answer. I have to say that it does not really reassure me. Since 1945, the United Kingdom—until recently, when we started decimating our Armed Forces—and the United States have ensured the defence and security of Europe. The security of the continent of Europe is crucial to the United Kingdom. The Permanent Structured Cooperation process, which involves troops, procurement and a whole raft of defence issues is very misguided. There is no doubt whatever that the heirs to Marshal Zhukov in Russia understand hard combat power. They are not impressed by talking shops, headquarters and posturing. The co-operation process is full of all those. Could the Minister ensure that the United Kingdom is fully involved in this process and at the heart of Europe in defence terms, because we cannot let Europe go running off, not achieving anything and not looking after its security? We are good at this and we need to be fully involved.

[Lord Ahmad of Wimbledon]

Let me assure the noble Lord that we continue to partake in discussions about this. I agree with his points about the cornerstone of the alliance and particularly the work of NATO to ensure not just peace and security across Europe but its benefits further afield as well. It is essential that, as the United Kingdom leaves the European Union, whatever partnership its remaining members choose to take forward, opportunities remain for co-operation directly with NATO of which the United Kingdom is an important and pivotal part.

[Lord Wallace of Saltaire (LD)]

My Lords, does the Minister recall the position paper published only a couple of months ago on our constructive and useful co-operation with the EU in foreign policy and defence during the last 40 years, which left open the question of how we shall continue it? Does this development not make it more urgent for the Government to spell out how they will do this? Does he not agree that the Foreign Secretary’s response that we welcome it, we wish to co-operate and our relationship will be like that of a flying buttress to a cathedral—a very overused phrase intended to confuse us all—was inadequate?

[Lord Ahmad of Wimbledon]

My right honourable friend the Foreign Secretary was reiterating the importance of our continued relationship with the European Union while we remain a member of it, but also that we want a different but strong partnership with it once we leave. That includes these two important areas of defence and security, which we have just touched on and in which the UK has led the way. We are making our view known that an option should remain within Permanent Structured Cooperation in those areas of defence and security for third countries to join at an appropriate time for whatever projects are perceived to be of mutual importance to both—be it NATO and, say, this new organisation, in whatever shape or form it takes. This would allow the UK to continue to co-operate with European partners after we leave the EU.

[Lord Ricketts (CB)]

My Lords, may I endorse what the Minister says about the importance of continuing co-operation with the EU? If this initiative leads to improved European defence capacity, it would be a good thing for this country and we ought to be looking to continue working in European military missions around the world, as we have been doing, where they are in our interests.

[Lord Ahmad of Wimbledon]

I agree with the noble Lord. When we look at the detail of some of the projects—not just in defence and security; it could be, for example, hospitals that have been created through defence interventions in certain parts of the world—it is our view that projects that resonate with the common objectives of the United Kingdom and, importantly, those of NATO should continue to provide the opportunity for continued co-operation after the UK leaves the European Union.

[Lord Tunnicliffe (Lab)]

My Lords, given the less than clear commitment of the US to NATO, and given that we, after Brexit, will be looking for a new role in the world, surely that role in defence should be pivotal in Europe. What Europe needs is combat power and, as my noble friend the Admiral has pointed out, this is an area in which we are uniquely able to assist. This is no time to be stepping away from Europe. Why were the Government not more involved in the development of PESCO and do they intend to put more effort into getting closer to Europe so that we may play a proper role in the future?

[Lord Ahmad of Wimbledon]

As has been said numerous times, first and foremost, yes. I refer back to our discussions on the previous Oral Question about where we stand: the UK is leaving the European Union but, as I have said repeatedly from this Dispatch Box, we are not in any way stepping away from our obligations. There will be co-operation, particularly in the areas of defence and security, which are important not just to the remaining members of the European Union but to the United Kingdom as a member of the European continent and a member of NATO. Co-operation and partnership are key, and we look forward to a renewed but different style of partnership with our European Union partners. We will continue to co-operate in areas of common interest.

[Lord Howell of Guildford (Con)]

My Lords, in reference to the previous Question and this one, is it not worth bearing in mind that, in modern warfare, algorithms are as relevant and powerful as armouries? We are now moving into a stage where the very high level of technology, communications, connections and cyberwarfare is just as important as manpower on the ground and hard-power equipment. Can my noble friend assure us that, in all areas of technology relating to cyberwarfare, we will keep extremely close to our neighbours and our allies in NATO, and that this is the most important area of co-operation of all? Without it, we are lost.

[Lord Ahmad of Wimbledon]

My noble friend raises the very important point that the challenges that we face in the modern age are very different from what they were 20 or 30 years ago. I agree with him on the principles that he raises and reassure him that, as we discuss it with our American allies and our European allies, there will remain strong co-operation on ensuring that we work on cyberdefences collaboratively.

West Papua

Lord Ahmad of Wimbledon Excerpts

Wednesday 15th November 2017 Lords Chamber

[Lord Harries of Pentregarth]

To ask Her Majesty’s Government what assessment they have made of the petition presented to the United Nations by the people of West Papua requesting that the United Nations carry out its 1962 commitment to let the West Papuan people exercise the right of self-determination.

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

My Lords, we are aware of recent media reporting on a petition on Papuan independence. We have not received a copy. The relevant UN bodies have informed us that the petition has not been formally submitted to them. We will of course continue to follow the situation in Papua with great interest.

[Lord Harries of Pentregarth (CB)]

I thank the Minister for his Answer, but does he agree that this petition was truly remarkable? It was signed by 1,804,421 people inside the country, 95.77% being indigenous West Papuans and 4.33% Indonesian transmigrants. The estimated 1,708,167 signatures by indigenous West Papuans represents 70.88% of the population. Is this not truly remarkable? Is it not a startling contrast to what happened in 1969 when, after the occupation of West Papua, Indonesia hand-picked only 1,026 people and forced them at gunpoint to declare support for Indonesian rule?

[Lord Ahmad of Wimbledon]

My Lords, the noble and right reverend Lord is referring to the media reporting on the petition, and he has presented the facts as reported in the media. However, on receipt of this Question I checked with our mission at the United Nations in New York and we certainly have not ourselves received a copy of the petition. Furthermore, the UN Secretariat has not received such a petition. As for the situation in Papua, particularly West Papua, the noble and right reverend Lord speaks with great experience and I know of his interest. The United Kingdom continues to seek to ensure that all rights, including those of media reporting, are upheld and we have been encouraged by the recent steps that the President of Indonesia has taken in granting increasing clearance for journalists to report from that region.

[Lord Collins of Highbury (Lab)]

My Lords, the Minister will know that at the beginning of this year his predecessor, the noble Baroness, Lady Anelay, shared the concerns of the noble and right reverend Lord about human rights abuses. One thing that is clear is that those abuses are continuing and the Government are monitoring them. Will the Minister take this matter up at the UN and support the request for a special representative to investigate the continuing abuses of human rights?

--- Later in debate ---

[Lord Ahmad of Wimbledon]

With regard to the United Kingdom’s presence, our ambassador is visiting the region. The noble Lord referred to previous exchanges in your Lordships’ House; we of course remain concerned about the reports of abuses there and the human rights situation on the ground. We continue to make our representations clearly in international fora and, I assure the noble Lord, in direct representations at the highest bilateral level to the Indonesian Government themselves.

[Lord Dholakia (LD)]

My Lords, if I may follow up on the previous question, the matter of human rights abuses was and is being investigated by the Government of Indonesia. They are looking in particular at the accountability of the security forces which opened fire on a peaceful demonstration. Can the Minister get in touch with his counterpart in the Indonesian Government to see how far this investigation has advanced and what action could be taken against those who perpetrated such serious crimes? While we are on the matter of independence for West Papua, have the Government raised it with the UN General Assembly to identify what other routes West Papua can take to address democratically the matter of independence, in accordance with international law?

[Lord Ahmad of Wimbledon]

On West Papua, it is important to say for the record that the United Kingdom retains its position on supporting the integrity of Indonesia. I will follow up with my opposite number in the Indonesian Government to get an update on the situation raised by the noble Lord. Let me be clear also that we are cognisant of the situation on the ground; that is why our ambassador has visited the region a number of times. I also draw to the House’s attention the fact that when the universal periodic review took place earlier this year, we raised human rights issues with specific reference to journalists who were not being allowed to report freely from the region.

[Lord Hannay of Chiswick (CB)]

My Lords, will the Minister accept that I have an interest in this because I advised BP on its gas deposit in West Papua and visited there regularly for seven years? Can the Minister say whether journalists, both Indonesian and international, now have free access to West Papua? Do they have the ability to shine some light on the accusations of human rights abuses—and, if not, will we continue to press the Indonesian Government to give that right of access?

[Lord Ahmad of Wimbledon]

The noble Lord speaks with great experience of the region and the country. I can assure him that, as I alluded to in an earlier response on this Question, President Jokowi has granted many more open rights. He has granted an equalisation of rights of access for journalists reporting on West Papua. Of course, the situation continues to be monitored on the ground. To answer the noble Lord’s question directly, there certainly is reporting. That is why we raised in the UPR that the free access to which the President has certainly committed is not translating itself on the ground. I assure the noble Lord, and your Lordships’ House more generally, that we will continue to raise not just the freedom of journalists within the region but all issues of human rights in West Papua.

[Lord Lea of Crondall (Lab)]

My Lords, with Indonesia being the fourth-largest country in the world by population, and by far the largest in ASEAN, the trend towards a degree of autocracy in ASEAN is worrying. Have the Government had discussions with our friends in Australia about their experience of being a close neighbour? Have they suggested that we in Europe can be of more assistance in getting the balance right in Indonesia—as the Indonesians are our friends—between human rights and all the economic development, religious and other questions that face a very complicated country such as Indonesia?

[Lord Ahmad of Wimbledon]

There are many parts of the world, including our own, where the challenges and complications of any population are a priority for any Government. Let us not forget that Indonesia is, first and foremost, a democracy and that the current President was elected on a mandate of pluralism. We welcomed his election and, from his statements and the actions he has taken, are encouraged by what has been done centrally. There are of course worrying issues of human rights; we can talk in terms of the journalist fraternity or about minority rights, including minority religious rights, in Indonesia. Those remain of deep concern to Her Majesty’s Government and we continue to raise them bilaterally and in international fora, as appropriate.

Saudi Arabia and Iran

Lord Ahmad of Wimbledon Excerpts

Wednesday 15th November 2017 Lords Chamber

[Lord Luce]

To ask Her Majesty’s Government what action they are taking, together with international partners, to encourage Saudi Arabia and Iran to work to reconcile their differences.

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

My Lords, we urge the de-escalation of tensions in the Middle East. The Foreign Secretary condemned the attempted missile strike on Riyadh and expressed concern that Lebanon should not be used for a proxy conflict. He has spoken to the Saudi Arabian, Iranian and Lebanese Governments. The Minister for the Middle East, my right honourable friend Alistair Burt, expressed concern over reports that Iran provided the Houthis in Yemen with ballistic missiles. We are encouraging the Saudi-led coalition to ensure that humanitarian access remains open.

[Lord Ashdown of Norton-sub-Hamdon (LD)]

My Lords—

[Lord Luce (CB)]

My Lords, bearing in mind that Iran and Saudi Arabia are important regional powers, does the Minister agree that their present relationship, involving proxy wars, could at any moment spark a wider conflict in the whole region, between Yemen and Lebanon, thus bringing hell on earth to an even greater number of long-suffering people in the Middle East? Bearing in mind Britain’s long-standing relationship and friendship with the Gulf countries and our active participation in the Iran nuclear agreement, will the Government take a much more vigorous lead with the international community, including countries such as Germany and France and perhaps Asian countries, to persuade these two important countries that it is in all our interests—including that of the United States—that Iran and Saudi Arabia should embark on a sustained dialogue to help build a more peaceful Middle East?

[Lord Ahmad of Wimbledon]

I agree with the sentiments of the noble Lord, who knows the region well. I think I speak for everyone in your Lordships’ House and beyond when I say that we wish to see a resolution not just of the conflict in Yemen, where innocent civilians in particular are suffering, but of any conflict between Iran and Saudi Arabia, which is worrying not just to the region but to the whole world. This conflict is tribally based and has not just arisen since the regime took over in Iran in 1979; it is a deep-rooted, embedded conflict which goes back to the division in Islam between the Sunni and Shia communities. I assure the House that Her Majesty’s Government are using all means available to us to make bilateral representations. We remain very supportive of the nuclear deal with Iran. We are using all good offices to ensure, first and foremost, that the suffering of those in Yemen can be brought to a halt. Ensuring free access for United Nations and other agencies will be a first step in providing humanitarian relief to civilians in Yemen.

[Lord Hain (Lab)]

My Lords—

--- Later in debate ---

[Lord Hain]

My Lords, does the Minister accept that we have to adopt a much more even-handed stance between Tehran and Riyadh in order to resolve the toxic instability afflicting the entire Gulf/Middle East region? We are seen to be allies of Saudi Arabia—I do not dispute the need for that—and to take the side of Saudi Arabia and the Sunni Muslim faith against Iran and the Shia Muslim faith. We need to be equal-handed between the two in order to end the proxy wars in Yemen, Lebanon, increasingly, Syria and Iraq.

[Lord Ahmad of Wimbledon]

I assure the noble Lord that we support the work that Saudi Arabia has done in the region. The stance we have taken on recent events regarding the Iranian nuclear deal shows the importance the UK attaches to bringing stability to the wider region. As for the two branches of Islam, let us not forget that there are 73 branches of Islam and Her Majesty’s Government are neutral in our interpretation of all of them.

[Lord Ashdown of Norton-sub-Hamdon]

My Lords, I apologise to the noble Lord and to the House for seeking to blunder in ahead of him; it was most inappropriate. Even allowing for the fact of jihadist terrorism, is not the greatest threat to peace coming from the Middle East now the imminent danger of a conflict between the Sunnis and the Shias, led by Saudi Arabia and Tehran, in which the West is backing one side and Russia the other? In the light of this, is it not foolish for the United Kingdom Government to be supporting, tacitly and with arms, Saudi Arabia while it is committing such clearly illegal acts in Yemen?

[Lord Ahmad of Wimbledon]

First, as the noble Lord knows, the UK is not directly involved with the Saudi-led coalition. He talks about alliances, and of course the alliance between the United Kingdom and Saudi Arabia is an important one. But at the same time—I have made this point clearly already—we believe very strongly that peace and stability in the region requires both Iran and Saudi Arabia to resolve their differences and move forward in a positive vein. This is not about taking one side over the other. We make sure that any representations we make—including to the Saudis—on concerns we have, particularly about the conflict in Yemen, are made clear and at the highest level.

[Lord Howell of Guildford (Con)]

My Lords, does my noble friend accept that one other product of the Saudi-Iran rivalry, in addition to the horrors in Yemen, is the stand-off between Saudi Arabia and Qatar, which of course is undermining the whole solidarity of the Gulf Cooperation Council? Does he agree that the UK might be able to contribute to ending that dispute by looking more carefully at allegations that Qatar is assisting Iranian subversion and actual terrorist groups such as al-Nusra, establishing whether they true, and if so what Qatar’s motives are in pursuing this particularly destructive course?

[Lord Ahmad of Wimbledon]

First, the dispute between Qatar and Saudi Arabia is of course a concern, particularly regarding the unity that we have seen across the Gulf Cooperation Council. On resolving that dispute, I agree with my noble friend, which is why we have been lending full support to the efforts by Kuwait in particular to find a resolution to all these issues—including the one that he has raised—to ensure that this dispute can be resolved as soon as possible. The concern remains with all these disputes, wherever they are within the region, that if we do not see a resolution, we will increasingly see instability across the region, which benefits no one—not just the region but the wider world.

Sanctions and Anti-Money Laundering Bill [HL]

Lord Ahmad of Wimbledon Excerpts

Wednesday 15th November 2017 Lords Chamber

Moved by

[Lord Ahmad of Wimbledon]

That it be an instruction to the Committee of the Whole House to which the Sanctions and Anti-Money Laundering Bill [HL] has been committed that they consider the bill in the following order:

Clauses 1 to 4, Schedule 1, Clauses 5 to 41, Schedule 2, Clauses 42 to 47, Schedule 3, Clauses 48 to 53, Title.

Motion agreed.

Zimbabwe

Lord Ahmad of Wimbledon Excerpts

Wednesday 15th November 2017 Lords Chamber

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

My Lords, with the permission of the House, I will repeat the Answer given by my right honourable friend the Secretary of State for Foreign and Commonwealth Affairs to an Urgent Question in another place on the current situation in Zimbabwe:

“In the early hours of this morning, soldiers from the Zimbabwean army deployed in central Harare, taking control of state television, surrounding government ministries and sealing off Robert Mugabe’s official and private residences. At 1.26 am local time, a military officer appeared on state television and declared that the army was taking what he called ‘targeted action’ against the ‘criminals’ around Mugabe. Several government Ministers, all of them political allies of Grace Mugabe, are reported to have been arrested. At 2.30 am, gunfire was heard in the northern suburb of Harare where Mugabe has a private mansion. Areas of the central business district have been sealed off by armoured personnel carriers.

Our embassy in Harare has been monitoring the situation carefully throughout the night, supported by staff in the Foreign Office. About 20,000 Britons live in Zimbabwe and I can reassure the House that so far we have received no reports of any British nationals being injured. We have updated our travel advice to recommend that any Britons in Harare should remain in their homes or other accommodation until the situation becomes clearer. All our Zimbabwean and UK-based embassy staff and their families are accounted for. I will say frankly to the House that we cannot tell how developments in Zimbabwe will play out in the days ahead, and we do not know whether this marks the downfall of Mugabe or not. We call for calm and restraint.

The events of the past 24 hours are the latest escalation of months of brutal infighting within the ruling ZANU-PF party, including the sacking of a vice-president and the purging of his followers, and the apparent positioning of Grace Mugabe as a contender to replace her 93 year-old husband.

Honourable Members on all sides of the House have taken a deep interest in Zimbabwe over many years, and I pay particular tribute to the courage and persistence of my friend—and I can say that—the honourable Member for Vauxhall, who has tirelessly exposed the crimes of the Mugabe regime, visiting the country herself during some of its worst moments. This country, under Governments of all parties, has followed the same unwavering principles in its approach to Zimbabwe. First and foremost, we will never forget the strong ties of history and friendship with that beautiful country, accurately described as the jewel of Africa.

All that Britain has ever wanted for Zimbabweans is for them to be able to decide their own future in free and fair elections. Mugabe’s consuming ambition was always to deny them that choice. The House will remember the brutal litany of his 37 years in office: the elections that he rigged and stole; the murder and torture of his opponents; and the illegal seizure of land, leading to the worst hyperinflation in recorded history—measured in billions of percentage points—and forcing the abolition of the Zimbabwean dollar. All the while, his followers were looting and plundering that richly endowed country, so that Zimbabweans today are, per capita, poorer than they were in 1980, leaving many dependent on the healthcare, education and food aid provided by DfID.

Britain has always wanted the Zimbabwean people to be masters of their fate and for any political change to be peaceful, lawful and constitutional. Authoritarian rule, whether in Zimbabwe or anywhere else, should have no place in Africa. There is only one rightful way for Zimbabwe to achieve a legitimate Government, and that is through free and fair elections held in accordance with the country’s constitution. Elections are due to be held in the first half of next year, and we will do all that we can with our international partners to ensure that they provide a genuine opportunity for all Zimbabweans to decide their future. That is what we shall urge on all parties, and I will speak to the Deputy President of South Africa later today.

Every honourable Member will follow the scenes in Harare with good will and sympathy for Zimbabwe’s long-suffering people, and I undertake to keep the House updated as events unfold”.

[Lord Collins of Highbury (Lab)]

My Lords, I thank the Minister for repeating as a Statement the Answer to the Urgent Question, and I of course wholeheartedly support the actions of the Government: protection of all civilians, including the 20,000 British citizens, is obviously the first priority. I see that recent press reports say that a delegation from South Africa was refused entry into Zimbabwe. Can the Minister tell us a little more about the contacts with not only South Africa but the African Union on the ongoing situation and the need to protect civilians? Can he further tell us that there will be discussions to ensure that the whole of the African Union will ensure that the elections scheduled for next year will be free and fair, and open to all people in Zimbabwe to participate in?

[Lord Ahmad of Wimbledon]

First and foremost, I thank the noble Lord for his support for the Government, which reflects the continuing position of Her Majesty’s Opposition on this important issue. On delegates from South Africa being refused entry, I am aware of various media reports. I cannot give him a factual answer, but I will certainly follow that up. As I said in repeating the Answer, my right honourable friend the Foreign Secretary will be speaking to the Deputy President of South Africa. We will get an update and I will update the noble Lord and the whole House accordingly.

The noble Lord makes a valid point about the African Union. In that regard, my right honourable friend the Foreign Secretary is due to travel to the next meeting of the African Union—in Ivory Coast, I believe —which takes place the week after next. Events may move on—they are very fluid on the ground—but I am sure that, in the conversation and discussion that takes place in the interim and at that meeting, Zimbabwe will be a priority issue.

[Lord Chidgey (LD)]

My Lords, I, too, confirm our support for the Government’s efforts in this regard. This morning, the Movement for Democratic Change Senator David Coltart said that the military has complete control over the media, and that

“this has all the marks of a coup”.

The MDC is committed to respecting the constitution and is against its breach. Do the Minister and his colleagues support its call for the military to restore order as soon as possible and, if the need arises, for the impeachment of Robert Mugabe?

What assessment has been made of the potential impact of the military takeover on our ongoing commitments in Zimbabwe, which are varied and deep? Has the Minister spoken to his counterpart in DfID about this yet?

[Lord Ahmad of Wimbledon]

First, as I have already said, the situation is unfolding and fluid, so we are unclear how things are on the ground. I welcome the noble Lord’s support, and that of his party, on this important issue.

In terms of what happens hereafter, I am also aware of contacts made between the South African Government and Robert Mugabe, and reports on that are coming through. Our primary objective is to ensure that all British citizens are safe and know how and where to make contact. Communications remain open with our embassy on the ground and we are in contact with the ambassador. What happens in the next few hours, tomorrow and in the following days is all very much to be determined. However, we will of course work with not just DfID partners but all departments across Her Majesty’s Government and, as I have indicated, allies and supporters in neighbouring countries, particularly South Africa, to ensure stability in the country. I am sure that I speak for everyone in the House when I say that we are calling not just for restraint but for law and order to retain a semblance. We have seen that there is peace at the moment, and hope that that prevails. No matter what their sentiment, we call on all citizens of Zimbabwe to continue in that respect.

[The Lord Bishop of Southwark]

My Lords, the Minister is only too aware both of the United Kingdom’s historic links with Zimbabwe and of the difficult relationship with ZANU-PF; that is reflected in the Statement, which has won support around the House. Speaking as chair of the most reverend Primate the Archbishop of Canterbury’s Zimbabwe round table, I pass on the concern of Anglican bishops in Zimbabwe that any transition should not be allowed to lead to a reoccurrence of conflict in a country that has suffered much. I ask that the UK offers help sensitively and purposefully where it is possible to do so, supporting key stakeholders who are committed to a peaceful transition and who are prepared for it.

--- Later in debate ---

[Lord Ahmad of Wimbledon]

I thank the right reverend Prelate. Let me assure him that, of course, we welcome input and insight into the situation on the ground. He raises the issue of the important role of Church leaders in Zimbabwe, which will be an important element in ensuring the peace and security that we all wish to be sustained in Zimbabwe. The role of the Church in that regard will be crucial.

[Lord St John of Bletso (CB)]

My Lords, I welcome the Statement and the arrests of the G40 hierarchy, which I hope will herald a new dawn and a new chapter for Zimbabwe in building confidence in the country. Is the Minister aware that the most likely immediate scenario is that Emmerson Mnangagwa will become the interim President for the next 90 days and, at the electoral college scheduled for next month, a Government of national unity will be formed with Morgan Tsvangirai as the Prime Minister? While we all call for free and fair elections as soon as possible, is the Minister aware that the most likely situation is that elections will be delayed for a couple of years until economic security and stability is restored in the country?

[Lord Ahmad of Wimbledon]

The noble Lord will appreciate that I will not speculate on who may or may not lead Zimbabwe. It is a fact that Emmerson Mnangagwa, to whom he referred, was removed as Vice-President by Robert Mugabe and the current Administration. As to what happens thereafter, we expect, hope and desire first and foremost that peace and stability prevails. Of course, there is a constitution to be respected. It would be premature for me to speculate on any delays in elections scheduled for next year, or indeed on whoever in the coming days will be at the helm of government in Zimbabwe.

[Lord Hayward (Con)]

My Lords, I thank the Minister for his answer to the previous question. It would be premature to welcome any change of Government, because we do not know what form that Government will take. I speak as a former resident of the country. I ask him to ensure that, when consideration is given to what may happen in the coming months and years, we recognise that there are several hundred thousand Zimbabweans resident in South Africa and in other countries around Zimbabwe. Therefore, any instability that occurs in Zimbabwe may have serious implications for the other countries in that part of the continent.

[Lord Ahmad of Wimbledon]

I thank my noble friend, who speaks very aptly. We have always been concerned about the situation in Zimbabwe and its impact on the surrounding regions. I alluded to this in the Statement but, irrespective of which party has led the Government and notwithstanding the situation on the ground in Zimbabwe, we have stood firm and side by side with the people of Zimbabwe. We have seen from recent economic conditions on the ground and in the situation under Robert Mugabe’s leadership that the people have suffered dreadfully. However, at the same time, the British Government, irrespective of political colour, have stood resolute in supporting Zimbabwe’s citizens. We continue to provide £80 million per annum in bilateral support, in crucial areas such as education and health, and it is important that that support has continued irrespective of who has led Zimbabwe.

[Lord Hain (Lab)]

My Lords, in welcoming the Minister’s Statement, can I gently correct him? South Africa is the jewel of Africa—not Zimbabwe. More seriously, could he investigate why the fearlessly investigative online newspaper the Daily Maverick had its chief reporter in Zimbabwe, Richard Poplak, detained and then put on a plane out of Harare? Is there now an even greater attack on press freedom in Zimbabwe? Could he investigate that, because it is a worrying development? Given the instability, we need journalists in there to tell us the truth.

[Lord Ahmad of Wimbledon]

On the second point, I shall write to the noble Lord as appropriate. On his first point, there are many jewels in Africa, and that is probably where I shall let the matter rest.

[Lord Spicer (Con)]

The danger of these sorts of discussions is that the impression is given that we have responsibility for what happens in Zimbabwe. Obviously, we have some responsibility for the 20,000 or so British citizens who are there—but do we have the capability to rescue them if necessary?

[Lord Ahmad of Wimbledon]

Our first priority is our own citizens, and I have already alluded to the fact that we have made sure that we are in communication with them and retain that. We have given them advice to stay in their homes, because that is important; we do not know what the prevailing situation will be. In our general responsibility not just to Zimbabwe but across the world, it is right that Britain as a country, with regard to both our history and our current positioning, remains engaged and involved, whether through our support through DfID or other political and humanitarian support. That shows that we are a responsible Government on the international stage; I strongly believe that, and long may it continue.

Daesh: Raqqa

Lord Ahmad of Wimbledon Excerpts

Tuesday 14th November 2017 Lords Chamber

[Lord West of Spithead (Lab)]

My Lords, I beg leave to ask a Question of which I have given private notice.

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

My Lords, we were not involved in the discussions and did not condone the decision. This was a local agreement by local leaders, including the Raqqa Civil Council and tribal elders. Despite territorial losses, Daesh remains a threat and coalition activity against it continues. We remain determined to fight and defeat Daesh. We are prepared for the risk from returnees as Daesh loses territory and we are using a range of tools to disrupt and diminish that threat.

[Lord West of Spithead]

My Lords, I thank the Minister for his Answer. These clearly are hardened fighters and I hope we have put in place mechanisms to spot them when they come in. Militarily, we have now effectively destroyed the caliphate in physical terms, and we should be very pleased about that huge success. Now, we must move towards trying to get a proper ceasefire in Syria. The only way to do that is to involve the SDF, the Kurds and other coalition members, but also Assad. Assad might be a loathsome man but he is a fact of life on the ground. If he and his structure suddenly went, 2 million to 3 million Alawites and Christians could possibly be wiped out but would certainly be refugees. We really must deal with this dreadful man because otherwise we will not have a ceasefire, the fighting will continue and people will continue to be killed. Will we now have more connection with Assad, the SDF and the others to ensure that there is a ceasefire, so that we can then move forward to some sort of future settlement?

[Lord Ahmad of Wimbledon]

First, I agree with the noble Lord about the despicable nature of the crimes committed by Daesh fighters. We have all rightly condemned those, and the Government have taken a very strong stance to ensure that they are held to account. The noble Lord will be aware that in September, during the UNGA, we led on a Security Council resolution specifically to hold Daesh fighters to account.

On the situation regarding the different parties, the noble Lord is right that the coalition continues to support the SDF and the Kurds. However, on the specific issue of Bashar Assad, we have made our position clear: we do not believe that he should be leading Syria at the end of any discussions that take place. That is ultimately a call for the Syrian people themselves but we have been consistent in our call to ensure that there is a true representation of civilian communities in Syria, and clear that Bashar Assad does not provide any sense of a final settlement being reached in Syria. At the same time, I take on board totally the fact that we must ensure the security and safety of all communities within Syria, particularly the minorities who have suffered dreadfully during this far too long conflict.

[Lord Collins of Highbury (Lab)]

My Lords, the fact is that these fighters have gone somewhere. They have not disappeared, and there is a potential threat to neighbouring countries. What assessment have the Government made of the threat to neighbouring countries, particularly those which are fighting Daesh? Also, what assessment has the Minister made of how that release of fighters affects our ability to hold these criminals to account? It is vital that we do that.

[Lord Ahmad of Wimbledon]

I agree with the noble Lord, most certainly on his final point—the Government, as he knows, take very seriously the need to hold them to account. Just to put this in context, the number quoted also includes the families. The deal was known to the SDF, in particular, and was a local tribal deal. The purpose behind the evacuation was to minimise the loss of civilian lives in the fall of Raqqa, particularly those of women and young children. To track Daesh fighters we are continuing to use all agencies on the ground and to work with the coalition of 73 countries, including several neighbouring countries, to ensure that those who are seeking to leave the conflict zone in Syria and in Iraq are held accountable locally. If foreign fighters seek to return to the UK, there is due process in place to ensure that they are held to account for their crimes abroad.

[Lord Wallace of Saltaire (LD)]

The Minister will have heard the noble Earl, Lord Courtown, say 10 minutes ago that we continue to play a pivotal role in operations against Daesh. The presence of coalition aircraft over the convoy, as reported on BBC News, suggests that at least some leading members of the coalition knew what was going on and, perhaps, must have been involved in the conflict. Is he saying that we were not playing a pivotal role in this?

[Lord Ahmad of Wimbledon]

My noble friend made the point that we continue to be at the heart and centre of the fight against Daesh in both Syria and Iraq. I think that some of the media reports were speculative. However, to put the noble Lord’s question into context, the deal was not not known to people as there were two press releases at the time highlighting that the evacuation was taking place. It was not a question of not knowing. We continue to monitor all aspects of any Daesh fighters fleeing from the territory. We continue to monitor their movements very closely.

[Lord Hamilton of Epsom (Con)]

Can my noble friend confirm that many foreign Daesh fighters have burned their passports, so in the case of British fighters it will be quite difficult, but not impossible, for them to find their way back to the United Kingdom?

[Lord Ahmad of Wimbledon]

My noble friend raises a point and I am sure there are cases where that has happened. I suggest to him that anyone making themselves known to the authorities on the ground will be held to account. There are measures in place to ensure that those who somehow, through various efforts, return to the UK are held to account. It is ultimately for the CPS to take forward any prosecutions which may occur.

[Lord Richard (Lab)]

The Minister’s account of what seems to have happened gets curiouser and curiouser. As I understand what he is now saying, we knew this was going on. Presumably the Americans also knew that it was going on. The other members of the coalition knew that it was going on. Did we try to stop it? Did we make representations to whoever was doing the deal that it was not in the interests of the coalition or of the war against Daesh? In short, what did we do except just look at it?

[Lord Ahmad of Wimbledon]

For the benefit of the noble Lord and the whole House I shall read from the press release put out on 14 October by Jonathan Braga, the coalition’s director of operations. At the end, it states:

“We do not condone any arrangement that allows Daesh terrorists to escape Raqqa without facing justice only to resurface somewhere else. We remain concerned about the thousands of civilians in Raqqa who remain subject to Daesh cruelty”.


It continues:

“Daesh terrorists have been hiding behind women and children”—


I alluded to that—

“for three years, and we are against any arrangement that lets them continue to do so”.

As I said, there were press releases at the time. This was a decision made locally by tribal elders and the Raqqa civilian council. The primary objective behind the decision was to protect women and children. The Daesh fighters numbered not thousands but hundreds, and they continue to be monitored. As to the coalition’s role in any decision-taking, we do not condone any such arrangement, and we continue to ensure that any Daesh fighters, wherever they may be in the territory, are held to account.

[Lord Hylton (CB)]

The noble Lord, Lord West, quite rightly wanted a complete ceasefire in Syria. How would that be achieved by wiping out every last Daesh fighter? Secondly, will the Government ensure that wives and other camp-followers are not held responsible for the crimes of the fighters?

[Lord Ahmad of Wimbledon]

With Daesh, we are dealing with a despicable organisation. The way that it has influenced many, in terms of recruitment, is well known to all noble Lords. The noble Lord’s point is pertinent: we need to ensure that all efforts are made to save any lives that can be saved, particularly those of women and young children. Of course I totally agree with the noble Lord, Lord West, that ultimately what we are seeking from our operations on the ground and from the coalition engagement—with all 70-odd nations involved with that coalition—is to reach a final settlement that protects the peace and security of all communities that have been impacted by Daesh activity not just in Syria but, as we are seeing now, encouragingly, in Iraq as well.

[Baroness Hodgson of Abinger (Con)]

My Lords, can my noble friend tell me whether there have been discussions with other members of the coalition about trying to address the situation so that these fighters can be detained and face the justice that he mentioned in the press release?

--- Later in debate ---

[Lord Ahmad of Wimbledon]

Absolutely. As I mentioned earlier, we championed an anti-Daesh resolution at the Security Council. We continue to work not just with our P5 coalition partners but across the piece to ensure that, as my noble friend rightly says, these Daesh fighters, whether they are caught in Syria, crossing borders or making their way back home if they were foreign fighters—there were some who, regrettably and tragically, left the UK—are held to account for their actions and brought to justice.

Commonwealth Summit 2018

Lord Ahmad of Wimbledon Excerpts

Thursday 2nd November 2017 Lords Chamber

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

My Lords, I join other noble Lords in thanking the noble Lord, Lord Chidgey, for his tenacity—as it has been called by some—and his commitment to this important agenda. I am greatly privileged to answer a debate of this nature. From the contributions we have seen across the Chamber, it is clear that we all align ourselves with the unity behind not just the virtues and values of the Commonwealth but its purpose.

As several noble Lords have alluded to, next year the UK will have the deep honour and privilege of welcoming the Commonwealth family; I use the word deliberately. I assure all noble Lords—particularly the noble Lords, Lord McNally, Lord Parekh and Lord Taylor—that when we talk about family, we can all personally account for the strength of the family and at times perhaps need look no further than your Lordships’ Chamber to see the great wealth of the Commonwealth. The noble Lord, Lord Taylor, talked about his family experiences and the diaspora of communities here in the UK. Again, that is a huge opportunity to demonstrate the strength of everything that defines the family that is the Commonwealth when we look at our own country, and indeed the city of London, in terms of its diversity and depth and the richness of its diaspora. I often joke with my children about the great heritage of the Commonwealth, as they are products of the Commonwealth who can claim heritage from Australia, the UK, India and Pakistan. I will come on to the point made by the noble Lord, Lord Hussain, but there are family ties on the issue he raised. That issue is a pertinent and important one: he mentioned Kashmir and the bilateral relations between India and Pakistan. Fora such as the Commonwealth—he mentioned the United Nations as well—provide a huge opportunity for the United Kingdom to play its part in making sure those two countries, which share so much in terms of culture, community, faith and language, can join together and resolve something that ensures and upholds the rights of all citizens, irrespective of what region or part of the Commonwealth they belong to.

As we have heard, next year, attendees will include Heads of Government, foreign Ministers, civil society leaders, businesspeople and, perhaps most importantly, young people from every corner of the Commonwealth. I have been greatly inspired by meeting all the Commonwealth networks for young people. Let us not forget that 60% of the Commonwealth is under 30. Regrettably, I do not think there is anyone in your Lordships’ House at this time who can claim to be part of that cohort. That provides a huge opportunity and we must engage directly with the youth. Therefore, we have shared with our partners that official delegates from across the 52 nations should also include at least one individual from that particular age group to ensure, as the noble Lord, Lord Collins, said, we set the agenda not just for April or for the two years that the United Kingdom is in the chair, but to attract the youth so we can truly address what the noble Lord, Lord Judd, said about the global nature of the world we live in. It is right that we engage with the youth directly on this important issue.

The members of the Commonwealth cover more than a quarter of the world’s land mass. As we heard from the noble Lord, Lord Mendelsohn, and others, trade adds up to incredible amounts. It will grow to $1 trillion by 2020. The Commonwealth is home to more than 2 billion people. These figures show its immense global potential for influence and demonstrate why it is important to the UK. It is about not just our strong cultural and personal ties, which some noble Lords alluded to, but the common future, a common partnership and common hopes for all Commonwealth members and more. I noted the words of the noble Lord, Lord Mendelsohn, in this respect. If we have 52 nations today it will certainly be more by the time of the summit. We need to look to the future to ensure that we really make the Commonwealth representative of the world as it is today.

We have seen the tremendous impact the Commonwealth has when it acts as one. We are all aware of the important work it did historically, looking back to recent history in South Africa, with its transition from the great injustices of apartheid to a free and democratic society. We see how Heads of Government came together in Malta in 2015 to press for ambitious climate change targets. I assure the noble Lord, Lord Judd, that that remains a priority at this Heads of Government Meeting. There is the important pillar of sustainability. Let us not forget the UK’s work, with other nations, following the impact of the hurricanes—I was in the Pacific Islands when the hurricanes hit—and the importance of working together. In that regard, I pay tribute to the Commonwealth Secretariat, in particular to its Secretary-General, the noble and learned Baroness, Lady Scotland, for the co-ordination and co-operation we saw with Governments across the Pacific and the Caribbean. I also pay tribute to her recent work brokering a political agreement in Zambia. This demonstrates the strength of the Commonwealth at its best.

We want next April’s summit to drive further progress towards realising the Commonwealth’s true potential. We are pleased that all member states and Heads of Government have agreed that the summit will focus on four common challenges. At a reception for Commonwealth leaders held recently during the UN General Assembly in New York, my right honourable friend the Prime Minister, Mrs May, outlined these challenges and opportunities. They are: how to make the compelling case for free trade and promote higher living standards around the world; how to address new security challenges, including cyberterrorism and online extremism; how to mitigate the effects of climate change, in particular—as the noble Lord, Lord Judd, drew attention to—on small and vulnerable states; and, as we heard from many noble Lords, the importance of human rights and how to protect the values we all share to create a fairer, freer and more tolerant Commonwealth.

We hope the theme of the summit, “Towards a Common Future”, encapsulates our ambitions. We want the summit to revitalise the Commonwealth and to build that brighter future. Preparations are under way. We are already working closely with member states, the Commonwealth Secretariat and, importantly—to reassure the noble Lord, Lord Collins, and my noble friend Lady Berridge—with civil society groups to put together a programme for the summit that will strengthen the prosperity and security of all Commonwealth countries.

I have had the great pleasure and privilege of representing the UK and meeting with our Commonwealth partners across the world. In recent months I have travelled to India, Bangladesh and Ghana. As I alluded to, I visited the Pacific Islands, including Fiji, and Australia, which is hosting the next Commonwealth Games in Brisbane. We are delighted that we shall host the ones after that in Birmingham. It is an opportunity to bring our country together. My interactions with government leaders and young people in all of these countries have strengthened my belief that the Commonwealth has a powerful role to play in the modern world.

To turn to some of the fora talked about, and to directly answer the Question before us, there will be a people’s forum. This will be the biggest meeting of Heads of Government that the UK has ever hosted. However, we believe the Commonwealth, as the noble Lord, Lord Collins, so articulately put it, is not simply a collection of member states and a secretariat. It is so much more. A fundamental part of the Commonwealth is its people-to-people links, as we know from the extraordinary contribution the Commonwealth diaspora makes to British society. We see the Commonwealth’s strength and uniqueness as being in many organisations. That is why it is at the centre of this particular event.

The people’s forum is the single largest gathering of civil society representatives from across the Commonwealth. I say to the noble Lord, Lord Collins, and others that I wish to work with Members in this House and the other place to ensure that we get those representative voices at the people’s forum as we develop the programme. I would be pleased to meet noble Lords in that respect.

Alongside the people’s forum, as we have heard, there will also be a business forum. I join the noble Lord, Lord Mendelsohn, in paying tribute to my noble friend Lord Marland for organising it. There will be a women’s forum. I assure noble Lords, particularly the noble Lord, Lord Loomba, that women’s issues will be front and centre. It is not just about the education of young girls but the empowerment of women, and we will be looking to work together in that respect.

Our co-operation with the CPA is already part and parcel of our thinking. I assure noble Lords that I have already met not just CPA UK but the international CPA, and I am delighted that we will be playing a key part in the February event. I have noted the suggestion made by the noble Lord, Lord McNally—to whom I always listen very carefully, not least because I was his Whip once upon a time—about how we might perhaps use this Chamber for events.

Various issues were raised around the freedom of religion and belief. My noble friend Lady Berridge will know that this is very much part and parcel of our thinking. The fairness pillar within the Commonwealth summit allows us to develop this further. My noble friend also talked about how to ensure a continuation with Malaysia at the parliamentary forum and CHOGM. Malaysia has indeed put itself forward and we will be looking during our two years in the chair to ensure that continuation of key themes in the summit.

The noble Lord, Lord Judd, talked about refugees and asked where we were on that. It is a timely opportunity to demonstrate our commitment to the values we share across the Commonwealth. I will write to the noble Lord in response to his letter—my letter is on its way, I assure him.

We heard from the noble Baroness, Lady Hayman, about health and education. We had a very constructive meeting on the issue of global malaria. As we have heard, malaria is a key issue for many Commonwealth citizens. We are working with member states and the Commonwealth Secretariat to examine the options for the summit agenda. I will keep the House updated as this takes shape. I assure the noble Baroness that the UK has already pledged £1.1 billion to the Global Fund to Fight AIDS, Tuberculosis and Malaria over the next three years.

I have already mentioned issues around climate change. The important issue of LGBTI rights was mentioned by the noble Lords, Lord Judd, Lord Cashman and Lord Collins. We are committed. We have heard the words of the Prime Minister. I assure noble Lords that the Foreign Secretary and I are equally committed to combating discrimination in all its guises, including violence against LGBTI people, throughout the Commonwealth. We used every opportunity at the previous CHOGM in Malta to highlight our belief that the Commonwealth must stand up for human rights, including the rights of the LGBTI community. The detailed forum programmes are still being developed but we are confident that LGBTI issues will be a substantive area of discussion.

There were a couple of other questions. The noble Lord, Lord Mendelsohn, asked about pensions. He will be aware that this issue has followed various Governments around for the past 70 years. The UK state pension is payable worldwide but is uprated abroad only when there is a reciprocal legal requirement to do so. Currently there are no plans to review this.

It was a great honour to be appointed Minister for the Commonwealth, particularly at such an important time for the organisation and the UK’s relationship with it. This is not about the UK’s role alone but about an equal partnership of 52 nations and—who knows?—more in the future. We want this CHOGM summit to be a milestone event in Commonwealth history—a chance to truly demonstrate how the Commonwealth can help mitigate the major challenges: the issues of security, climate change, fairness and equality for all its citizens, and the important elements of human rights and fairness. We will continue to work in close partnership with the Commonwealth Secretariat, member states and our partners across civil society to ensure that it is a great success. When representing the UK abroad, as I have the honour to do, I often say that the great strength of our nation is its diversity. The same is true of the 52 members of the Commonwealth.

House adjourned at 7.49 pm.