(2 years, 1 month ago)
Lords ChamberMy Lords, I beg to move.
My Lords, before we proceed with this Committee, can we be assured that there is not a plan to alter radically or even withdraw the Bill? Your Lordships will remember that with the Energy Security Bill we all put in weeks of work, as did the Government and everybody else, only for the whole Bill to be scrapped. It would be nice now to know whether we are going ahead with a Bill that will be pursued and not altered or scrapped as well.
My Lords, I acknowledge that, as with the previous group, we have perhaps gone wider than the specific amendments. In the interests of time, and since we need to make progress on the Bill, I am not going to go into the more general arguments. My noble friends on the Front Bench and I have articulated several times the Government’s position on the need to proceed with the Bill, and those circumstances remain. I am reminded that when the debate started this afternoon, my noble friends Lord Cormack and Lord Howell, I think, among others, returned to the Front Bench the point about the necessity—to use a legal term, but not in its application to the Bill—to proceed with it. I assure the House as one of the three Ministers responsible for the passage of the Bill that, while in the middle of a reshuffle, our weekends—I speak for all three of us—have been focused on the detail of the Bill and proceeding with it. The fact that the three of us are still present reflects the Government’s current intent, because we feel that this is necessary.
I have heard the arguments again today, many of which were articulated at Second Reading and in our debates so far in Committee, and I understand the points made by the noble Lord, Lord Pannick. I listened carefully on the issue of Article 16, and he is of course right. I know that the noble Lord has a different perspective, but that is why I say that we have never said that Article 16 is off the table. It remains an instrument available to the Government within the treaty that we have signed, as noble Lords have said. However, there is a reality, which was articulated very well just now by my noble friend Lord Dodds. The reality is what businesses are now facing. The protocol is not working and if is not working in the interests of any part of the United Kingdom, as its Government we are obligated to ensure that we provide a practical solution which works in the interests, first and foremost, of the citizens of our united United Kingdom. That remains the primary intent of the United Kingdom Government.
I will pick up on some of the specifics. In introducing his amendments, the noble Lord, Lord Purvis, asked about published statistics. What I can share with the noble Lord is that HMRC has published summary data on the numbers of declarations, their associated value and the number of businesses importing goods into Northern Ireland from Great Britain in 2021. I will give a couple of summary statistics, if I may: in 2021, over 1 million full declarations were declared to HMRC. The number of businesses associated with those full declarations was 10,400, while 100 GB businesses have stopped supplying the Northern Ireland market already. The requirement to follow EU rules is one of the factors behind this situation, as was alluded to in the detail of the contribution of my noble friend Lord Dodds.
I turn to the amendments in front of us, including Amendment 7 in the name of the noble Lord. As many noble Lords noted, a number of the amendments are on the recommendations of the Delegated Powers and Regulatory Reform Committee, to which the Government will respond, as I said earlier, as they will to the report of the Constitution Committee. I have checked with officials and we will certainly seek to respond in advance of Report.
I acknowledge the reservations raised today. The noble and learned Lord, Lord Judge, is someone who I respect greatly and have great admiration for. I assure noble Lords that in our engagement on the Bill, it did not surprise me at all that the majority of our discussions began, as he said, “Well, Tariq, you know what I’m going to raise with you.” Yes, the Bill has many clauses where the Government seek to take certain powers because we believe that they are necessary. The Government remain of the view that these delegated powers are required, and will enable secondary legislation to set out precisely the UK or non-EU movements that will be excluded by Clause 4(2).
The operation of the protocol, as we heard from the noble Lord, Lord Bew, and my noble friends Lord Dodds and Lord Lilley, has shown that the manner and nature of the issues faced by businesses in moving goods have not been static over time. There needs to be flexibility to respond to the changing circumstances in order to maintain the effective flow of goods between Great Britain and Northern Ireland. As noted in the 2025 UK Border Strategy, we are seeing long-term shifts in how goods move; for example, through increasing e-commerce and advances in technologies for Governments to manage flow. It is therefore appropriate that means are available to adapt arrangements to be fit for purpose at all times. In the Government’s view, this power is drafted with the appropriate breadth for them to confidently address issues which may arise from time to time that disrupt businesses.
I listened carefully to the noble Earl, Lord Kinnoull, on the importance and appropriateness of making secondary legislative provision and what the alternatives would be. The EU legal acts in the first 10 points in Annex 2 alone are over 1,500 pages in length. Before one even comes to the remaining 37 points contained therein covering other pieces of EU law, that is already longer than some of the longest pieces of legislation currently on the statute book. To draw a totally different example, the Companies Act 2006 is 1,260 pages long. It would therefore not be appropriate, in the Government’s view, to have this amount detailed in primary legislation.
The Minister is referring to the dual regulatory regime. I would like the Government to understand that this will work for some businesses but for other types of industry, such as the dairy and beef industries, it will not. It may be useful for the Government to take further evidence from those industries in Northern Ireland which have practical, on-the-ground experience of, for example, where there is a need for a department of agriculture certificate to certify that milk is milk and is of perfectly good quality. That needs to be addressed adequately.
My Lords, it would be a choice for that particular business or sector, as my noble friend Lord Caine, has just reminded me, but I take on board the noble Baroness’s point. That is what I have already suggested. When I was preparing for the sitting today, I asked officials if there were different approaches to different sectors. She has highlighted them. It would be helpful on the specifics, and I will certainly take that back to the department, but I have already offered that we could provide more insight and explanations.
On consultation, which the noble Baroness alluded to, we are doing exactly that. Our colleagues in the Northern Ireland Office are speaking with businesses and the practical issues are, where necessary, being highlighted so we can address them. As we proceed with the Bill and have further discussions, the ultimate objective is to ease the burden on the ability of businesses from Great Britain to operate effectively and in a fluid nature within the context of the wider United Kingdom, inclusive of Northern Ireland.
Clause 4(4) sets out a non-exhaustive list of criteria which may be considered when prescribing those movements. It is these “qualifying movements” which will be ultimately entitled to enter our proposed green lane. Clause 4(5) provides a power under which a Minister can make regulations about the meaning of those goods which are heading for the UK, or which are non-EU destined, including by providing the basis under which a trader registered under a prescribed scheme, such as trusted trader scheme, can state whether goods being moved are UK or non-EU destined.
Finally, Clause 4(6) defines the meaning of “qualifying movement” for the purposes of the clause. Qualifying movements are those from any place other than the EU to Northern Ireland and the reverse, including movements within the UK and movements of goods by sea into ports in Northern Ireland. Clause 4 is right at the heart of our intentions in rationalising the processes alluded to by the noble Lord, Lord Dodds, which are required when goods move into Northern Ireland. We have been clear that we do not believe it is appropriate to continue to require full customs and SPS processes when goods are not destined for the EU, and it is this clause that will allow us to put in place a more sensible regime. That is why I recommend that noble Lords allow this to stand part of the Bill.
I thank the Minister for his response. We will get to SPS issues later, as well as some of the customs elements that the noble Lord, Lord Dodds, highlighted.
I thank the Minister for his information from HMRC, which I of course read before this debate—it is static information for one calendar year. One of the frequently asked questions under that data is:
“Does HMRC hold data on NI movements from GB before January 2021?”
The answer is:
“No, the collection of data for goods moving into NI from GB has only been required since 1st January 2021”.
The Minister then added anecdotal evidence, which the noble Lord, Lord True, told us that we should not use. Both things cannot equate: a static set of data for one calendar year does not necessarily demonstrate the implementation of the protocol, especially since the trader scheme would have operated under many of these declarations anyway—but we will no doubt pursue some of these matters later on.
I accept that the Minister is open with the offer of a briefing, but it is the draft regulations that we need to see; it is not briefing on what the theoretical operation of a dual regulatory system might be. We need to see the regulations that would operate that. In the previous group and on the first day in Committee, we heard that the Government have practical solutions, and the Minister has referred to them. But, as the junior to the noble and learned Lord, Lord Judge, indicated, an unprecedented breadth of regulating powers will be provided to Ministers. The noble Earl, Lord Kinnoull, was absolutely right: part of the unprecedented nature that is so egregious is that these will effectively be treaty amendments, and we have the well-established CRaG process for scrutinising and effectively approving treaty amendments.
Finally, the reason why all this is important—it addresses one element of the point from the noble Lord, Lord Lilley—is that the Government accept that they are breaching their commitments and that these are wrongful acts. The Minister shakes his head, but they have.
I am not clear on the noble Lord’s point. What have the Government accepted?
The Government have admitted that these are breaches of the obligations under the protocol because they have invoked the defence of necessity for wrongful acts. You cannot invoke a defence for a wrongful act if you do not believe that you have committed a wrongful act.
But if the original instrument is not working in the first place, which it is not—
It is all very well to be critical. I accept the points that have been made about Article 16, but let us not open up that debate again. What specifically is the noble Lord’s proposal?
I will speak briefly to Amendments 10 and 11, which we have tabled because, like the noble Lord, Lord Purvis, we too wanted to highlight concerns about these issues. As I am sure noble Lords can see, in the current Bill, delegated powers are to be used when Ministers consider it “appropriate”; we would change this to “necessary”. Prior to tabling these amendments, we have signalled our general concerns about delegated powers fairly consistently throughout the process of leaving the EU, since the EU withdrawal Bill in 2018. It is disappointing Ministers’ fondness for this technique seems to have grown; we now see it frequently in things that are quite wide-ranging. I was recently involved with the Schools Bill, which was riddled with these powers because, frankly, the Government did not know what they wanted to do on a wide policy area, so inserted a bunch of Henry VIII powers to give themselves the flexibility to backfill their argument later and decide what they wanted to do once the Bill had passed. Obviously, there was a huge row about that and the Schools Bill is no more, so we can only hope that lessons were learned.
We have been raising concerns again and again about how the Government are just relying on delegated powers, but for some reason the scope of the powers in EU-related Bills seems incredibly wide and we are starting to tease out, with the Minister, some of their intentions. However, an intention stated at the Dispatch Box—or something indicated in other government documents—is not sufficient when we are talking about these sorts of issues. What we really want is clarity and the ability to scrutinise and have those discussions on the Floor of this House, but the way the Government are going about this denies us this opportunity. One of our main concerns is the Government deciding to use skeleton Bills in the way they are.
These are quite general concerns. As we have heard, there are much bigger concerns about the Bill and we have covered some in our debates today and last week. We fully understand the concerns raised about Clauses 5 and 6, which enable the creation of new customs arrangements without primary legislation. The noble Lord, Lord Purvis, did a very effective job of going into those in some detail, which I do not feel I need to repeat. This is quite a precedent to set and we feel deeply uncomfortable about delegating these kinds of powers to the Treasury and its agencies. In the past—I mentioned the Schools Bill, but there have been other examples—the Government have backed off, removed some of these powers from legislation and changed tack by putting in place genuine checks on their use. In all honesty, I do not think that particularly helps us with this Bill because, as many have said, a whole face of make-up could be applied to this Bill but it really would not help.
That said, it is important that we, as a House, put down a marker and make our view known to the Government on this issue of delegated powers, because this is quite an extreme example in the Bill. Perhaps when some more stability is available to Ministers, this might be something we start to see less of, because the government agenda would become clearer. I must say—noble Lords can hold me to this—that should my party win power in the coming months or years, I hope that this is not an approach that we would seek to take. I am very well aware that this is on the record and will be quoted back to me. Such is our concern about the overuse of these powers that I am very happy to be held to my words.
I thank the noble Lord and the noble Baroness. On that final point from the noble Baroness, Lady Chapman, I am sure it will not only be held up for scrutiny but highlighted in several colours. Of course, we look forward to robust debates, and I am sure I speak for everyone in your Lordships’ House in saying this.
First and foremost, I will not go over what we have already discussed. I have heard noble Lords very clearly. Addressing the noble Lord, Lord Purvis, specifically, I am aware of the details of what the DPRRC report argues, and therefore I assure noble Lords of my good offices in seeking to have the report published on the Government’s response to the issues raised by not just that committee but the Constitution Committee.
In response to the amendments in front of us, the DPRRC report argues that Clause 5(1) contains an inappropriate delegation of power—on the basis that the skeleton construction is not justified by the circumstances and that it relates to matters of international law—and recommends it be removed. While noble Lords will have different perspectives, I have already discussed why the Government feel that there is an urgency in tabling this Bill, as well as the importance of flexibility in our approach in discussions and negotiations elsewhere, particularly with our colleagues and friends in the EU.
In relation to future policy direction, the Bill and the accompanying delegated powers memorandum provide a description of the types of circumstances under which regulations laid under Clause 5(1) may be made. This also includes necessary processes on UK or non-EU destined goods, the application of pre or post-movement requirements for those movements and the ability to undertake any checks or controls necessary to safeguard animal, plant and human health. These processes and their requirements may also be subject to change over time—due to changing risks, technologies and business practices—and it would not be proportionate to table new primary legislation every time this occurred. I have already referred to the details that would be required in this respect.
The noble Lord, Lord Purvis, referred to a couple of issues about criminal offences within the instruments and the Taxation (Cross-border Trade) Act. I have asked for responses to that, so I will write to the noble Lord specifically on those two points and will share it with your Lordships.
I now turn to Amendments 10 and 11 in the name of the noble Baroness, Lady Chapman of Darlington. These amendments would restrict the use of certain powers in the Bill to make provision only on that which “is necessary”, rather than provision which “the Minister considers appropriate”.
I say to the noble Baroness, Lady Chapman, that, as someone said to me over the weekend, after 10 years on the Front Bench, this is not an argument that I am dealing with for the first time. I acknowledge that there have been various Bills where this language has come in. I just mention to the noble Lord, Lord Purvis, that I even recall that, in 2017, when I was taking through the Sanctions and Anti-Money Laundering Bill, we had similar discussions on the use of these words.
I think I may be a bit premature; I was going to ask the Minister for an example, but I have a feeling that he was about to give one.
The example that I was just detailing is that, in this clause, this would potentially limit the ability to design a green lane that aims to preserve the unity of the UK internal market and minimises risks to the EU’s internal market. It may also prevent the Government responding to issues facing Northern Ireland in a flexible way which, in turn, will have a negative impact on Northern Irish businesses and individuals. The issue was well-trodden ground in important legislation in recent years, particularly the EU withdrawal Act in 2018 and the withdrawal agreement Act, where your Lordships’ House accepted that “appropriate” is in fact appropriate. I therefore hope that the noble Baroness will feel able not to press her amendments on that basis.
The example was good, but I am not sure that it meets the question in my amendment. I would have thought that a Minister would be able to make the regulation as he referred to in his example using the wording suggested in my amendment.
As I have alluded to, it is a question of where that bar is set. The Government are, in this instance, looking for that extra level of flexibility for the Minister concerned to be able to make that appropriate act. I accept what the noble Baroness is saying regarding her amendment. Certainly, I am sure that there will be some practical examples and insights that we will exchange on what can be met by those particular tests.
Clause 5 ensures that a Minister of the Crown also has the power to make regulations in relation to the movement of goods to which Clause 4 relates—[Interruption.]—my apologies: that is my phone. This is what happens when you have a 10 year-old and an eight year-old at home—they may be providing me with an answer to the question from the noble Baroness, Lady Chapman.
Specifically, the clause provides for the creation of secondary legislation, which will enable Ministers to define how the green and red lanes work in practice. Regulations made under this power may, in particular, provide for the application of any checks and controls before or after a movement of goods on UK or non-EU destined goods moving into Northern Ireland in order to ensure that appropriate processes are in place to manage, for example, biosecurity risks. Such powers may also be used to ensure that goods that are heading to the EU comply with relevant regulatory processes, such as sanitary and phytosanitary controls. Much of this is operationally focused or deals with the processes to be applied by the relevant government departments. We believe that this clause is essential to enable the appropriate Minister to have the flexibility to deliver the UK’s proposals for this new regime for the movement of goods.
I turn briefly to Clause 6. Again, the noble Baroness, Lady Chapman, alluded to the issue of the Treasury and HMRC having the power to make regulations in relation to the movement of goods for customs matters. Alongside Clause 5, this will enable the delivery of new green-lane arrangements, which remove unnecessary costs and paperwork for businesses trading within the UK. We heard in the previous debate from the noble Lord, Lord Dodds, on challenges being faced by businesses.
Specifically, the clause provides for the creation of secondary legislation to administer the green lane through appropriate checks, controls and administrative processes for goods that would otherwise be subject to EU customs rules. It is the Government’s view that this clause is absolutely essential to enable a Minister of the Crown to have the flexibility to deliver the UK’s proposals for the green and red lane arrangements. Taking power to provide for the regime is required and the precise detail of the regime will be properly subject to consultation with stakeholders. I therefore recommend that this clause stand part of the Bill.
My Lords, I am grateful to the Minister for his reply—he can tell his kids that we are also doing trick or treat here, although I am not sure what the balance is between the tricks and the treats. I am grateful for his response and for the support of the noble Baroness, Lady Chapman, and the noble and learned Lord, Lord Judge, who is of course here in spirit if not in person.
I strongly agree with the noble Baroness. On a sensitive issue such as this, the powers that Ministers have should be absolutely necessary in order to deliver what they have said they want to deliver. They should not be any broader than that. But the Government have not formulated their policy yet, which is at the heart of the frustration. We are being asked to legislate to give powers to Ministers, but they have not said what they then want to implement. They have not indicated what the interaction with the Taxation (Cross-border Trade) Act will be or why HMRC will be given statutory powers which that Act does not provide it with. I do not believe that we should be in a position where we give in primary legislation the “level of flexibility”—as the Minister said—to Ministers when they have not explained to us what they want to do.
I do not think that the Minister has persuaded me at this stage. I welcome the noble Baroness’s commitment that, if her party wins power, they will not bring forward proposals such as this; on behalf of these Benches, I can give the same commitment that when we achieve power, we will not bring proposals such as this either. In the meantime, before Report or we achieve power, whichever comes sooner, I beg leave to withdraw the amendment.
(2 years, 1 month ago)
Lords ChamberMy Lords, first, I join noble Lords in thanking the noble Lord, Lord Alton, whom I would describe as a dear friend, for the insight that he has again provided in this debate.
Several noble Lords, including the noble Baroness, Lady Smith, talked about the repeated nature of engagement on this important issue. One thing I would say is that persistence ultimately pays. There are certainly many examples of that; over the past five years, I have seen them.
On a slightly lighter note on what is a serious subject—the noble Lord, Lord Alton, and I often joke about this—my inbox, my in-tray and some of the responses I have provided to the noble Lord demonstrate active engagement with and response to the important issue of human rights. To the noble Lord, Lord Singh, and others who raised this issue, I say this: of course human rights remain central to the Government’s approach.
The noble Lord talked about trade Bills, for example. As the UK’s human rights Minister, I have certainly been clear about ensuring that whatever deals are struck on trade—or, indeed, in other areas—reflect the essence of protecting but also strengthening the rights of all communities and citizens whom we call friends and allies. Is it a job done? No. However, I believe that it is through direct engagement—sometimes privately, sometimes publicly, but always candidly—that we can see progress, as I have seen for myself, when it comes to human rights across the piece.
I therefore agreed totally with the noble Lord, Lord Collins, when he said, in looking at the big picture of human rights, that this is a journey and does not happen overnight. Even the determinations on the Holocaust did not happen overnight when they were first made. There is often ignorance.
I see the noble Baroness, Lady Merron, is in her place. I remember our conversations about the famous poem “First They Came”, and how its final words
“And there was no one left
To speak out for me”
resonate when we learn about and reflect on the horrors of the Holocaust. Therefore I also thank my noble friends Lord Shinkwin and Lady Sugg for drawing attention to the importance, when we debate such issues, of looking back at the horrors of the past.
I hear what the noble Lord, Lord Singh of Wimbledon, said about declaring genocide and will come on to the specifics in a moment. I accept that not every conflict focusing on seeking to destroy a community has resulted in the term “genocide”. However, time has shown that people have spoken out and, while the term may not have been associated with those events, the horrors are absolutely clear.
I am the son of someone who endured the partition of India, but the horrors recounted by my own family were never described in those terms. However, the loss of life, and the grave shaking of what sustains a family, are not forgotten; those things become ingrained. Therefore I was very touched by the insights provided by the noble Lord, Lord Darzi, when he talked of his personal journey. On a positive note, I suggest that despite the journey he experienced—away from the abhorrent crimes experienced by his own family and community—there is hope. That hope, I am proud to say, is often provided in a country like ours. It provides those kinds of strengths to communities and journeys, so that within this Chamber and the other place we are able to have such important discussions. Therefore I welcome this debate and acknowledge once again, as did the noble Baroness, Lady Sheehan, the tireless efforts of the noble Lord, Lord Alton, and his passion for justice, as the right reverend Prelate the Bishop of Exeter reminded us. I know that that is reflective of the sentiments shared by many in your Lordships’ House.
The Government’s long-standing policy is that any determination that a genocide has been or is being committed should be undertaken by a competent court, such as the ICC or the ICJ. Under this policy, the Government have formally acknowledged the Holocaust. I, like many other noble Lords, have been to Auschwitz-Birkenau and seen the chilling impact of the Holocaust’s aftermath, and it is important that we remain focused on that. Subsequently, like others, I visited and saw the horrors of Srebrenica. When that horror and holocaust took place, with the annihilation of 8,000 or 9,000 young men and boys, it was during all our lifetimes. Of course, there was also the Rwandan genocide. Recently, I returned from the DRC, together with the Countess of Wessex, and in Rwanda we went to the museum there which marks the genocide.
In all these journeys, however, there is something that gives hope. Whether it is the fact of the Jewish homeland, the State of Israel, the current fragile peace which sustains in Bosnia-Herzegovina or the fact that we have seen progress in Rwanda, we should not lose sight of that. Of course, that demonstrates that genocides beyond the Holocaust do exist. Therefore I say to the noble Lord, Lord Singh of Wimbledon, who I respect greatly, that I do not think there is a sort of table in which one community is recognised over the other. I accept that time has shown that sometimes before a genocide is recognised there is a process, but that does not mean we forget the lives lost and the conflicts of the past.
There are of course thresholds which must be met so we can say that genocide has occurred. The genocide convention, which several noble Lords referred to, requires not only the act itself but the
“intent to destroy, in whole or in part, a national, ethnical, racial or religious group”,
to be proved. Again, I accept what the noble Lord, Lord Collins, said. Sometimes it is about not speaking up and then it is the odd discriminatory point against a community. Before you know it, it has turned into a persecution or a targeting in isolation. It moves from “Okay, it was only one or two acts—these were random and isolated”, to being tantamount to a sudden targeting and annihilation of the whole community. Therefore we must always remain vigilant and the United Kingdom Government, over successive Governments, have been focused on that.
The noble Baroness, Lady Smith, and the noble Lord, Lord Hannay, talked of the Government’s approach and the noble Lord talked of his own frustration at times in trying to change the system. It is important that we seek to change—and to change in a constructive way that allows progress to be made. While the Government’s approach is consistent with our obligations under the genocide convention and the Rome statute, we believe that we act in a clear, impartial and independent way on the measures that exist for the determination of genocide. It also aligns with other international partners. However, the noble Lord, Lord Darzi, provided the insight that there are countries, such as the US, which have made exceptions in this respect.
The noble Lord, Lord Browne, referred to Resolution 2379 and the leadership the UK showed in Iraq—although ultimately it did not quite meet what he hoped our intervention would be. I remember going to Mosul as it was liberated from Daesh and meeting the Yazidi survivors of ethnic cleansing against their communities. I remember the survivors who were so destroyed in their souls that they no longer showed any emotion. I heard and I listened to their shocking, abhorrent tales of violations, violence, rape, torture and death. It is important sometimes, although a determination of genocide has not been made, that we are seen to be acting and taking action. While it may not meet the satisfaction of many noble Lords and others, which I understand, the United Kingdom Government have continued to play an important part in calling out these atrocities around the world.
On a small point, I agree with the noble Lord, Lord Mann, in his assessment; there are a lot of difficult issues we confront when we look at the particular issue of genocide determination. He very rightly summarised many of the challenges the Government face. He mentioned the ECHR. I think it is important. Your Lordships’ House and many in it play an important role in vocalising that this is not an issue of Brexit; it is a fundamental basis of human rights. It is an important convention to which we adhere which protects the rights of all.
In terms of the Government’s position on this Bill, our overarching policy remains to maximise our ability to take effective action, call out atrocities and prevent them from happening again. The noble Baroness, Lady Smith, and the noble Lord, Lord Collins, among others, referred to our responsibility to protect. We have acted on this, and I will come to the issue in Ukraine in a moment to demonstrate how we have led and worked with key partners on the crucial issue of our responsibility to protect. This is particularly important in the context of Ukraine.
While the Government today are not persuaded that the current Bill is the right way forward, I can assure noble Lords—I hope that they will respect this—that we are looking carefully at whether our current policy achieves the overarching aim and intent. Of course, we will keep noble Lords informed on this. I state clearly today—the noble Lord, Lord Collins, alluded to this; I thought he had a copy of my speaking notes at one point—that the current policy does not prevent us as a United Kingdom demonstrating forthright leadership in the face of human rights abuses, whether they are formally determined as genocide or not. The UK remains committed to acting and confronting human rights abuses in all forms.
The noble Lord, Lord Alton, in his customarily articulate introduction of this Bill, talked of the situation of the Hazara in Afghanistan. He knows about my commitment to ensuring that we afford all protections and rights to all religious minority communities around the world.
The right reverend Prelate raised the important issue of the Truro report and recommendation 7. We have made further progress in this respect, and we remain very much true and committed to it. I initiated and wrote the terms of reference for the first freedom of religion or belief—FoRB—envoy, so it is a personal priority in government to see that all elements of the Truro report are fully and effectively implemented. But implementation is just the first stage; sustaining the recommendations is equally important.
However, examples of UK action include action on the Russian invasion of Ukraine, where credible evidence of atrocities continues to emerge. Our responsibility to protect has resulted in the UK spearheading decisive action. We have led efforts to expedite the International Criminal Court investigation. I hear the noble Lord, Lord Alton, and I have mentioned this to the prosecutor —he was here briefly, but I will continue to make that point—who is doing some good work. I hope that we will also be able to bring the prosecutor-general from Ukraine to your Lordships’ House to share some of his thinking about the work that is being done.
We filed a declaration of intervention at the International Court of Justice in August in the case brought by Ukraine against Russia. On a question raised by the right reverend Prelate and the noble Lord, Lord Collins, we have helped to create the atrocity crimes advisory initiative with key partners, including the European Union and the United States, to ensure that we can start accountability efforts and effectively documenting those crimes now.
I turn to Myanmar’s military actions against the Rohingya, which the noble Baroness, Lady Sheehan, referred to. Like others, I have been to Cox’s Bazar, as I said earlier today, and have directly seen the impact of Myanmar’s atrocities. Although they have not been termed “genocide”, the term “ethnic cleansing” has been used. Of course, other tools are available to His Majesty’s Government, including sanctions policy. Again, I thank all noble Lords for their co-ordination and support of the actions that we have taken in that respect.
I am pleased that we recently announced our intention to intervene in the case brought by the Gambia against Myanmar for its alleged breach of the genocide convention, which again shows another step forward for the Government—several noble Lords raised this. We have also bolstered our approach to identity-based violence, and internal monitoring mechanisms have been strengthened to alert the Yangon embassy earlier to atrocity risks and escalations.
On China, I praise the work of the noble Lord, Lord Alton, who will know of the United Kingdom’s leadership, particularly in the context of the Human Rights Council, where we have led in calling out the situation of the Uighur community in Xinjiang in particular, and that continues. We will continue to strengthen international partnerships to call out the current suppression, prosecution and persecution of a whole community by China. We will continue to act with partners to end these appalling human rights violations in Xinjiang.
I did not want to interrupt, but the noble Lord has just referred to the United Nations Security Council debate on Michelle Bachelet’s report, which found evidence of crimes against humanity, if not genocide, against the Uighur community in Xinjiang. China has mobilised other countries, including those that ought to have an affinity with Muslim Uighurs, to vote with it not to even debate that report; does that not demonstrate yet again why we need a much more effective mechanism, not dependent on the UN Security Council?
The noble Lord is referring to the UN Human Rights Council. I assure him that, after the many lobbying programmes that we have had in recent weeks, it was disappointing that we lost that procedural vote by one. He is of course correct, and he knows where I stand on this. It is shocking to me, and that point is made candidly to countries, particularly across the Islamic world, for their failure to stand up on the biggest internment of Muslims anywhere in the world. That point is not lost on His Majesty’s Government, and we will continue to make that case.
I thank all noble Lords for their strong co-operation on this issue. I know the intent of the Bill, and while the Government have not committed to supporting it specifically, as I have said, they continue to look at their position to see how best they may respond. Over a number of years I have personally seen an enhanced focus on the responsibility to protect human rights across the world, particularly where we see atrocities being committed, as we do in Ukraine, ethnic cleansing taking place, as we see in Myanmar with the Rohingya, or human rights being supressed, as we see in Xinjiang.
In conclusion, I thank everyone who has taken part in this important debate and assure them that the Government remain focused on these important issues. I know that your Lordships would like the Government to focus on the determination of genocide, but I hope I have been able to provide a degree of assurance that they remain very much committed to a broad human rights agenda and are acting in specific ways to call out atrocities wherever they may occur.
(2 years, 1 month ago)
Lords ChamberMy Lords, I thank all noble Lords for their valuable and insightful contributions. In particular, I join all noble Lords in paying tribute to my noble friend Lady Hodgson, whom I have known for a long time. I know her passion and commitment to this important agenda and beyond. I do not just acknowledge and congratulate her; I also thank her for the valuable insights that she provides to me, as a Minister at the FCDO, on this important agenda and with regard to my specific responsibilities as the Prime Minister’s special representative for preventing sexual violence in conflict. I still have those as I speak.
Let me say from the outset that the Government fully support the ethos of the women, peace, and security agenda. The noble Lord, Lord Purvis—with the noble Baroness, Lady Northover, and others—said that this was perhaps one of those opportunities where I could give a very short speech and just say “Yes”. All I can say is: if only the life of a Minister were so easy. I have been at this for a while, and I assure noble Lords that there are always specific issues that require a degree of further amplification of the requirements of the Bill—I will come on to that in a moment.
I share the important observation of the noble Lord, Lord Purvis, that it is right to have qualitative elements within a focused debate. What I can say at this juncture as well is that I note the importance of specific areas where the Government can and should strengthen their work further in the broader areas of women, peace and security. I will come on to those in a moment.
As we have heard today, the WPS agenda was ushered in by UN Security Council Resolution 1325, in the year 2000. The United Kingdom, as we have also heard, was pivotal in getting that resolution passed. We do not dispute that conflict has a direct and disproportionate impact on women and girls. We see that everywhere.
The noble Lord, Lord Collins, mentioned the situation in Ethiopia and Tigray, in particular. I spoke to the Deputy Secretary-General of the United Nations about the conflict when she visited the region. While humanitarian access has thankfully been provided, even international agencies, including those of the UN, are yet to fully assess the impact of the ongoing conflict in Tigray. Undoubtedly the situation is extremely dire.
The noble Lord also mentioned Ukraine. Looking at other conflicts, I just reflect on how our approach to conflicts, both past and present, has been informed and on how we deal with them. The approach in Ukraine has been markedly different in the structures and accountability mechanisms that have been set up. I assure noble Lords that there are ongoing discussions. Over the past few months, I have had discussions with the new prosecutor general in Ukraine and, a couple of weeks back, my right honourable friend the Foreign Secretary and I had a very constructive meeting with the ICC prosecutor. The Government have committed specifically to not just financial and technical support but technological and indeed professional support to ensure that perpetrators of sexual violence and broader crimes in this conflict can be brought to account. Of course, I commit to keeping your Lordships’ House informed on progress.
The noble Baroness, Lady Coussins, rightly raised Iran and what is unfolding there, which is tragic. I was recently given ministerial responsibility for the Middle East and I have been focused on Iran. This week, there have been developments that I have called out personally and I know that my right honourable friend is engaged on this. We have been making it very clear that the continuing situation in Iran is not something that any Government should be entertaining in any shape or form. It riles me. I have said this before and I do so again: as a Muslim by faith who follows Islam, it absolutely shocks me that there are people, indeed states, who use government as a means of suppressing women’s rights. It is fundamentally flawed whichever way you cut it—and that includes through the lens of faith.
The stronger we are on this, the more progress can be made. We need to ensure not only that those in the room are well informed—this is not about taking a stick; that approach never works—but that there is a reality check. It shocks me personally, professionally and ministerially that, when you look around the world, including the UN Security Council, nearly 25 years on from Resolution 1325, we still find that women are not included in conflict resolution mechanisms. That is fundamentally wrong. I have already talked to our incredibly talented and leading diplomat, Dame Barbara Woodward, about the importance of our approach to conflict resolutions at the UN Security Council. It may be rejected but, with my UN responsibility, I have said we must include specific paragraphs to ensure that women mediators are given a voice—I mean, for God’s sake, what year are we living in? We need to ensure that they are pivotal to that.
I again pay tribute to my noble friend Lady Hodgson for her work on Afghanistan and to the noble Baronesses, Lady Smith and Lady Northover, who I worked with very closely during the Afghanistan evacuation. There are routes available, and the noble Baroness, Lady Northover, is right to say that these need to be utilised and amplified. The situation is dire—I do not hide away from that—but we have continued to bring people to the United Kingdom every few weeks through the ACRS, the Home Office scheme. As the changes in government settle, I assure noble Lords that I want to renew and maintain our focus on conflicts that are ongoing but perhaps, as the noble Baroness, Lady Smith, said, are not in the headlines. This is not about a moment in time; it is an ongoing issue.
I am sure that the Taliban in Afghanistan have feelings about how soon the West and other countries respond. This is not just about the West; other countries have also raised this issue. When visiting the Middle East and the Gulf states, I again used the same idea: under what premise do the Taliban, perversely, use the role of religion to supress the rights of women? This is a total and utter nonsense. We need other countries to stand up quite forcefully and make this case—and not just those like-minded countries to which we often turn.
Our WPS work focuses on the meaningful participation of women. We have incredible commissions; indeed, I launched the Women Mediators across the Commonwealth network. However, we are not utilising these networks and we must ensure, coming back to my earlier point, that they form part and parcel of the conflict resolution mechanisms. Therefore, I totally and utterly agree with the principles in the Bill because they present a way of highlighting once again the important issues in front of us.
The noble Baroness, Lady Coussins, raised the issue of UN Security Council Resolution 1325 and mentioned supporting particular initiatives as examples. One example, of which noble Lords will be aware, is the Elsie Initiative, which we have provided with £5.9 million of funding since 2019 to support countries directly regarding uniformed women in peacekeeping, which is also important. I will come to the issue of the Ministry of Defence, which was also raised.
On the issue raised by the noble Lord, Lord Hussain, about India, we remain committed to women being involved in every peace process. In this sense, it is important that countries will be represented at conferences, including the PSVI conference we will be holding. India has a long and rich history of standing up for the rights of all communities; that is part and parcel of what defines India as a thriving democracy. Where issues arise, we will raise them—sometimes privately, sometimes candidly—as we expect India to raise issues with us.
The noble Baroness, Lady Coussins, also talked about funding for the International Civil Society Action Network. We provided it with funding in 2020, and we continue to work with it in this respect. On the PSVI agenda, ICAN is centrally involved in the groups we are working with.
Since 2000, 100 countries have also adopted national action plans as the primary vehicle to implement their WPS commitments. The FCDO and the MoD—the noble Baroness, Lady Northover, referred to this—are preparing the fifth UK action plan for 2023-27. We are working with civil society, academia and parliamentarians —some of whom are present here today—to ensure that it delivers real change for women and girls and the communities in which they serve. The noble Lord, Lord Purvis, talked about different strands of focus, and I hope that, as we move forward and evolve these national action plans, they also reflect the very focused areas on which we need to ensure delivery. The Government will of course monitor and evaluate their implementation through a framework that allows us better to understand and improve our impact on fragile and conflict areas.
My noble friend Lady Sugg is a great champion of so much on this important agenda; I praise her incredible work, particularly on sexual and reproductive health. I can assure her that there is a centrepiece. The noble Lord, Lord Collins, asked about the framework for the PSVI conference. In the interests of clarity, there will be a specific focus on that centrepiece, as I assured my noble friend a few weeks ago. Women and girls remain very much at the centre of the UK’s foreign policy.
My noble friend and the noble Baroness, Lady Northover, rightly asked about the women and girls strategy; we will be looking to publish that very shortly. I am also looking to use the conference to publish the PSVI three-year strategy. I am happy to share the early publication of that with noble Lords, in advance of the conference, and I hope that the conference itself will provide an informed engagement opportunity. This time next month, we will be hosting the conference. Noble Lords who have not yet received an invitation, for whatever reason, and wish to attend—I say this on the record—should let me know and we will then issue it.
I look forward to hosting the conference. The noble Lord, Lord Collins, and I have talked about the structure; I assure him that the conference will be opened by a survivor, and I hope that will set the tone thereafter. We also hope that it will advance the broader WPS agenda that my noble friend has sought to highlight in aspects of the Bill, particularly conflict-related sexual violence.
Day by day, through global policy and programming, the FCDO is responding to and working on gender-based violence. We are also putting survivors at the centre of our approach, as noble Lords will be aware. This is not just about Resolution 1325. We have championed and supported UN Security Council resolutions; we have survivors as part of our steering group on preventing sexual violence, and they inform policy and programming directly; and we have launched specific initiatives.
The noble Baroness, Lady Uddin, talked about the situation in Bangladesh. Of course, we have been long-standing supporters of the Rohingya community in both their flight from the worst kinds of ethnic cleansing in Myanmar, and within Bangladesh. Earlier this week, I met with Deputy Foreign Minister Shahriar Alam to indicate again our financial and continued support. I have been to the camps in Cox’s Bazar and seen the appalling, abhorrent situation that women have to face, not once but twice over—indeed, in the camps themselves—and will continue to ensure that we provide support where we can. I praise Dr Mukwege’s Global Survivors Fund, which provides initial funding and support to victims of sexual violence in particular. The UK is on its board and has provided financing to the fund to support victims and survivors as they await justice.
The noble Baroness, Lady Northover, asked about the MoD. In parallel, the MoD has established policy on human security in defence which also commits to incorporating gender perspectives across all planning. The MoD is furthering the inclusion of women at all levels of defence, both domestically and overseas, with partners and allies. The noble Baroness also talked about the impacts of climate change, and I assure her that I am fully aware of that. It did not require me to be a Minister, but I recently visited Pakistan, where, I am delighted to say, we were able to make a further commitment of £10 million. But undoubtedly, who was suffering in sin? It was the most marginalised community, primary among them women and girls. However, I was pleased to see that, through UK support and that of our international partners, there are specific provisions supporting women and girls, particularly the most marginalised. That needs to be done on a consistent basis.
I am a long-standing supporter of 0.7%, as the noble Lord, Lord Purvis, knows, and I will certainly continue to advocate returning to it. I acknowledge what many noble Lords have said on the return of my right honourable friend Andrew Mitchell to the FCDO; no one needs to be shown how passionate he is, both in his advocacy for international development and in his views on the very point the noble Lord, Lord Purvis, raised. He will be an incredible asset in informing both policy and programming within the FCDO as we move forward.
On the issue of funding, could the Minister address the point raised by the noble Baroness, Lady Sugg? Does the former Foreign Secretary’s commitment to reverse all cuts to women and children’s programmes, returning them to the pre-cut level, still stand?
My Lords, certainly from my perspective, that is very much a government commitment that was given. Of course, we have a new Prime Minister, but the same Foreign Secretary. It is a strange question to be answering while we are still in the last throes of a ministerial reshuffle, but our commitment to women and girls remains focused, particular and prioritised. Indeed, I was delighted that our former Prime Minister and former Foreign Secretary committed to these issues. The commitment, for example, to the immediate issue on the horizon—the PSVI conference and our support for that—indicates the direction of travel. I will of course update your Lordships’ House on anything more specific. On the PSVI issue, I also put on record the Government’s thanks to Her Royal Highness the Countess of Wessex for her engagement and involvement in continuing to throw a spotlight on these important issues.
I listened very carefully to the valuable and insightful comments to this debate. The Government are committed to the WPS agenda. As my noble friend acknowledged in introducing the Bill, there are some reservations about specific proposals before us. The Government have strong existing and forthcoming WPS policies: the integrated review, which was referred to; the international development strategy; the women and girls strategy; Human Security in Defence; and the WPS national action plan. All these underline not just our commitment but the progress we have made. I know how strongly your Lordships support these policies, as was clear from the debate. It is critical that, within the frameworks in which we work, we retain the freedom of agile policy-making—that is where some of the limitations of the Bill have been highlighted to me.
On a positive note, I have been listening and there are aspects of the Bill we can commit to. Let me give a couple of examples of what we are doing, drawn directly from the Bill. The measures proposed in the Bill seek to increase women’s participation in peace processes. The UK’s ambition is to support meaningful participation and secure positive peace process outcomes for women and girls, with more women being pivotal in decision-making. We have seen the power of this approach. The noble Baroness, Lady Coussins, talked about Latin America. We have seen real progress in Colombia, where civil society, including women’s groups, ensured that there were real and specific gender considerations in how the peace agreement was reached. But that is only half the job, and we need to ensure a continuing focus. I welcome insight on specifics from all noble Lords on how they feel we can further strengthen our work in this area.
The Bill aspires for the UK to take gender into account when formulating foreign policy. In this regard, the gender equality duty in the International Development Act 2002 requires the Government to have regard to gender inequality before providing development assistance. On what will happen next, the new women and girls strategy will pick up on some of the specific provisions that my noble friend highlighted on this very point in her presentation of the Bill.
Before I hand back to my noble friend, I again thank all noble Lords. I share the points that have been made. Importantly, the Government have done specific work on this agenda, and I feel very strongly that the House and all parties are at one in their perspectives on how to pursue the agenda. Of course, there are different speeds at which we may travel at times.
The issue of annual reporting came up. What I can commit to—PSVI is within my portfolio—is that we should have an annual report. We have looked at WMSs, but I can certainly work through the usual channels to see how we can facilitate a specific debate annually. I do not think there is disagreement on this: it will further enhance the progress we can make. I am sure the usual channels can work together on how it can be presented.
Although I lead on the PSVI agenda, I think it is totally sensible to present a report that demonstrates the work that has been done over the last 12 months. Certainly, when it comes to our duties, although not a legislative requirement, how we report to your Lordships’ House and to Parliament as a whole on the WPS agenda and progress on NAPs could be much more contextualised and structured. I will take those aspects back to see how best we can work them through.
Can the Minister reassure me on one of my specific points and confirm that Latin America will feature on the agenda of the November conference?
I will give that commitment now, which will cause a flurry of activity if it is not the case. I have already mentioned Colombia specifically. I want to use what has worked well in Colombia as a reflection of what we can do, not just further in Latin America but across the world. I come back to my earlier point: if there are specific elements that the noble Baroness feels we can introduce, even at this point I am quite happy to ensure those are considered as part of the agenda.
I end by thanking all noble Lords for their contributions. This has been a wide-ranging debate. There are some specific questions I have not had time to respond to in my concluding remarks but—
I am sorry to interrupt but will the Minister undertake to write to me on the question of apologies and reparations?
I think I made that point. I referred to the Global Survivor Fund, which is a general fund. Those kinds of funds help the victims of such abhorrent acts in the Rohingya camps, so funding is certainly available. I will of course write specifically to the noble Baroness, as I have already said.
Once again, I thank my noble friend Lady Hodgson for introducing this Bill. I assure her that I have asked my officials to work closely with her to ascertain how the Government might work positively and constructively to deliver its aims, and I will make personal efforts on this issue. I assure all noble Lords that I look forward to continuing to work with them to champion women’s human rights and the rights of women defenders, peacebuilders, survivors and political leaders around the world. Simply put, it is the right thing to do.
(2 years, 1 month ago)
Lords ChamberTo ask His Majesty’s Government what representations they have made to the government of Azerbaijan regarding (1) recent military offensives inside Armenia, and (2) that government’s failure to release Armenian prisoners of war and hostages under the 2020 Nagorno-Karabakh ceasefire agreement.
My Lords, on 13 September, following fighting along the Azerbaijan/Armenia international border, the United Kingdom’s ambassador to Azerbaijan spoke to President Aliyev. Further, the Minister for Europe, my honourable friend Leo Docherty MP, spoke to Armenian Foreign Minister Mirzoyan and Azerbaijani Foreign Minister Bayramov on 15 and 17 September respectively. In these engagements, we urged de-escalation and a return to peaceful negotiations.
My Lords, I thank the Minister for his encouraging reply, but I point out that I have visited Armenia twice this year and witnessed the pain inflicted on Armenians by Azerbaijan with impunity, including failure to fulfil its commitment in the 2020 ceasefire agreement to release all prisoners. Whereas Armenia released all Azeri prisoners, Azerbaijan recently confirmed holding at least 33 Armenian captives, including three civilians, and several hundred Armenians are still missing, with Azerbaijan refusing to allow Armenia to retrieve its dead from the occupied territories. There is recent video footage showing the maltreatment, torture and slaughter of Armenian prisoners. What significant initiatives have been or are being taken by the UK Government to call Azerbaijan to account?
My Lords, first, I acknowledge the noble Baroness’s work in this area and in bringing these issues to your Lordships’ House. I assure her that in our most recent engagements directly with the Azerbaijani Foreign Minister the issue of the return of all prisoners of war was raised again, as well as the remains of those who are deceased. I assure her of my good offices, of those of others within the FCDO and of the ambassador to continue to do so. On the wider issue, we continue to work with our key partners, including at the OSCE, to call for calm, peace, de-escalation and, one hopes in time, a restoration of relations between those two countries.
My Lords, the recent border clashes between Armenia and Azerbaijan highlight the urgent need to accelerate the EU-led peace and normalisation process between those two countries. Does the Minister agree that to achieve a sustainable solution to all the remaining issues and fully normalise the relationship between Armenia and Azerbaijan, a comprehensive peace agreement needs to be in place? Furthermore, can the Minister reaffirm the British Government’s support for the EU-led mediation efforts between the two countries?
My Lords, I agree with the noble Lord on both fronts and of course, ultimately, we need a political settlement. We are fully supportive of the EU as well as the OSCE.
My Lords, negotiations are of course key, but are solutions made more complicated by the promotion of disharmony, particularly when the UK has no real leverage to bear on this quagmire? Doing so is counterintuitive, restricting the ability of Armenia to attract direct inward investment.
My Lords, I do not agree with the noble Viscount on the UK’s position. We are active in our engagement with our EU partners, but we are also central to, and support, the efforts of the OSCE. In terms of stability and security, we need peace between those two countries, which will see the resumption of inward investment, boosting the economies of both Armenia and Azerbaijan.
The Government’s efforts to de-escalate are certainly welcome, as are their efforts to work with the EU and the civilian mission that will go there. One of the advantages of the Minister’s longevity in post is that he will remember my repeated questions to him about Russian involvement in this area. What is the Government’s assessment of this, and what is being done to ensure that Russia does not provoke even more violence than it already has?
On the noble Lord’s first point, time shall tell. On the more substantive point of Russia’s role, we have been very clear, and I appreciate His Majesty’s Opposition’s strong support for the position on Russia. Russia is playing a particular role in the region, between those two countries. We have made no attempts to engage with Russia—we are very clear on this issue—while other partners do so. The important role for Russia, or anyone else mediating or keeping the peace, is to do exactly that.
My Lords, I strongly endorse what my noble friend said about the noble Baroness, Lady Cox. Will he arrange for her to see and to brief our new Foreign Secretary? The noble Baroness has more knowledge of this subject than almost anyone else and serves the whole House in what she does. Will he try to arrange for her to talk to the Foreign Secretary?
My Lords, when I look around your Lordships’ House, that is probably a description of many within it and I am sure that the Foreign Secretary would have a busy schedule if I arranged that kind of expert insight and briefing for him. However, I can assure my noble friend that the Foreign Secretary will be fully aware of the noble Baroness’s remarks, as I always ensure he is, and we will look for opportunities for a full briefing from the FCDO with those interested, and for colleagues in your Lordships’ House to come into the FCDO to meet other key Ministers.
My Lords, may I draw the Minister’s attention to the very important humanitarian issue of explosive mines and mining mats for demining efforts in the Armenia-Azerbaijan normalisation process? I commend His Majesty’s Government for their financial assistance of £1 million for demining efforts in Azerbaijan. Most explosions over the past two years have been caused by mines, and 260 civilian casualties have occurred in Azerbaijan. Clearly, this is a continuing human tragedy. There are 3,890 missing Azerbaijanis, about whom Armenia refuses to release any information. What, if any, discussions have His Majesty’s Government held with the Government of Armenia about the release of fully accurate mine data to achieve cleaning of the territories of Azerbaijan? What further support are His Majesty’s Government considering?
I get the gist of the noble Lord’s question and assure him that we are working with both Governments. First, on the deceased, as I said to the noble Baroness, Lady Cox, this is an important issue to bring closure to those families who have lost loved ones, and we will continue to do so. On demining, I am looking over to the Lib Dem Benches, where the noble Lord, Lord Campbell, is a great advocate for these issues in conflict zones. I am very proud of the UK Government’s support for these activities and pay tribute to the key players in this sphere, such as the HALO Trust, which does phenomenal work on demining across the world. Of course, I will take specifically what the noble Lord suggests and make sure that our Ministers and officials are briefed appropriately.
My Lords, just before the pandemic, I participated in dialogue sessions with young people from Armenia and Azerbaijan in Georgia. Will the Minister ensure that any work of dialogue that the UK is participating in involves young people, who have the biggest stake in any form of peace arrangements? I understand that in the recent political community meeting—at which I was glad that the UK was represented—President Macron chaired a session with representatives from the two countries. Were British officials involved in any of those discussions? Are we offering any technical assistance on the valid issues of human rights abuses, investigations and peaceful dialogue? What technical assistance is the UK offering?
My Lords, there were three questions there. On UK Government’s direct engagement, I will write to the noble Lord. On ensuring that we are giving technical assistance, I have already alluded to that and, of course, we stand ready to support that. As for involving young people, we are celebrating one of the youngest Prime Ministers in two centuries to hold the No. 10 office, so the noble Lord can be assured that young people’s views, or those who are slightly younger, will be fully sustained in all negotiations.
My Lords, I welcome the recent discussions held in Prague on 6 October. It is a fact that, following the trilateral ceasefire agreement, the Azerbaijanis have not been provided with any details of 3,890 missing Azerbaijani persons. Families have been in turmoil for the last 30 years. What are His Majesty’s Government doing to urge the Government of Armenia to fully co-operate with Azerbaijanis so that these outstanding humanitarian crises are eradicated?
My Lords, I believe I have already answered that question in part. We have talked to both sides about the importance of the return of not just prisoners of war but the remains of the deceased on either side. We will continue to make that point very poignantly. I share with the noble Baroness the view that families need closure, and it is important that we continue to work on that key priority.
(2 years, 1 month ago)
Lords ChamberTo ask His Majesty’s Government what assessment they have made of recent events in Iran and the impact of those events on women's rights in that country.
My Lords, the death of Mahsa Amini in Iran is a shocking reminder of the repression faced by women in Iran. I am sure I join all noble Lords in commending the bravery of ordinary Iranians seeking to exercise their right to peaceful assembly and freedom of expression in the face of appalling police violence. We urge Iran to listen to its people, exercise restraint, lift internet restrictions, release unfairly detained protesters and ensure women can play an equal role in society. The position of the United Kingdom Government is clear: through our words, our sanctions and indeed our work with international partners we will hold Iran to account.
My Lords, I agree with the Minister. The bravery of the women of Iran, especially the very young women, is highly inspiring. Does the Minister agree that this is the wrong time for the World Service to be closing its Persia radio service? It is a technology which is highly relied on in times of difficulty. As the Minister said, with digital repression, moving to a wholly digital platform will not offer the kind of support that this service does. The Government put forward emergency funding for Ukraine for the World Service in the spring, so will they step in? If the difficulties in Iran escalate then we may be in a position where we have to offer safe refuge for women in Iran. Will the Government start preparations now for a resettlement scheme, so we do not repeat the errors of previous schemes with delays in having them up and running?
My Lords, I agree with the noble Lord about the important role the BBC plays both in Iran and elsewhere in the world. Although it is operationally and editorially independent from the Government, we recognise that the BBC World Service plays a very important role. The FCDO is providing the BBC World Service with over £94 million annually for the next three years, supporting services in 12 languages. Of course, I hear very carefully what the noble Lord has said. BBC Persia itself and the journalists have suffered great suppression. We have spoken out very clearly and loudly against that suppression as well.
My Lords, I support what the noble Lord, Lord Purvis, has said about rights for women and declare my interests as in the register. When the Minister next meets a counterpart from Iran, will he point out to them that even Saudi Arabia is liberalising dress restrictions and has confined the religious police to barracks, and that Iran is in danger of becoming more restrictive even than Saudi Arabia? Will he not agree that, if the president of Iran wants it to be believed that wearing the hijab is a personal choice, he should not insist that western journalists interviewing him in New York wear the hijab?
I agree with my noble friend but I would go further. It is not the president of Iran; Islam states that it is a woman’s choice. It is the religion that gives women the choice. We cannot have coercive practices. It is a woman’s choice as to whether she wears the hijab, the niqab, or no hijab or niqab at all. That is what should prevail in Iran and elsewhere.
My Lords, in his initial Answer the Minister said that the Government would hold the Government of Iran to account for their treatment of women. How does he propose that the British Government do so?
I have great regard and respect for the noble Baroness, who has played an important role on women’s rights across the world, including in Iran. Specifically on this point, only yesterday we sanctioned further individuals, particularly those in the morality police. We are working in conjunction with our key partners, including the United States and the European Union, because acting together we can not just limit Iran but restrict it and show it that we mean business in this sense.
Events on women’s rights in Iran are not acceptable to anyone in the world. Iran should learn the lesson that women have equal rights with men. Guru Nanak, the founder of Sikhism, reminded the world five and a half centuries ago that women are to be not degraded by men but looked upon as those who give birth to all, men and women, kings and the poor.
My Lords, I agree with my noble friend. Indeed, all the major faiths put women at their heart. The first person in Islam to accept the Prophet Muhammad’s mission was a woman. He was working for her. She employed him. She proposed to him. In Christianity—my children go to Catholic school—mother Mary has an esteemed and respected status. In all religions and faiths, women are central, pivotal guides and figures. All people around the world, if they claim to follow a particular religion or faith, should live up to that living example of their own scriptures.
My Lords, with teenage girls being beaten to death in the streets for protesting, I press the Minister to agree that now is not the right time for the World Service to scrap its Persian radio service. Digital services are all very well, but if internet access is blocked or restricted, as in Iran, the radio can be a lifeline. Can the Minister say what the Government can do about the disturbing increase in harassment by the Iranian authorities of the families in Iran of London-based BBC Persian staff?
I have already alluded to the noble Baroness’s second point; we have called that out specifically. I have heard very clearly from both the noble Lord, Lord Purvis, and the noble Baroness about its importance, and I assure your Lordships’ House, as the Minister now responsible for our relationship with Iran, that this is something I will take back. I will update the House accordingly.
My Lords, the Minister mentioned the sanctions against the morality police, and I welcome them. He said he was liaising with other countries. Can he tell us how many other countries have adopted exactly the same policy? On his point about faith groups, and following on from the FoRB conference, what are we doing to amplify the voices he mentioned to ensure that we isolate radicals? It is not simply faith groups that are articulating these sorts of practices. Amplify those voices.
My Lords, the noble Lord knows that I totally agree with him. I often hear that we need to give women a voice. For God’s sake, if I may say so in this place, we are living in 2022; women have a voice. They have a clear and pivotal role to play in every society and country. When women are central to any society or country, it prospers. It is not me saying this; the evidence suggests so. The noble Lord is right: whether it is freedom of faith, of religion or of belief, we must ensure that all voices stand up and that women play the pivotal, progressive and necessary role that the world needs. Whether it is conflict resolution or society’s progress, women must be at the heart and soul of every country.
My Lords, the Revolutionary Guard’s violent oppression against dissidents inside Iran has long extended beyond Iran’s borders. This summer’s attempted murder of Sir Salman Rushdie, last year’s attempted kidnapping of Iranian women’s rights activist Masih Alinejad and numerous foiled plots are only the tip of the iceberg. The Revolutionary Guard represents a present danger to anyone the Iranian regime believes is a threat. Does the Minister agree that now is the time to proscribe the Revolutionary Guard to protect civilians outside Iran as well as those within Iran?
I agree with the noble Lord about the destabilising activities of the IRGC. Under our sanctions policy, about 78 sanctions on Iran are in place, including those restricting the destabilising activities of the Revolutionary Guard. I note what the noble Lord says about proscription, but he knows that I cannot give him that assurance at this time. We keep all issues such as proscribing organisations on the table. I will reflect on the noble Lord’s comments, and I am sure that others will as well.
My Lords, I commend the bravery and resilience of the Iranian women, and I commend the men who are standing shoulder to shoulder with them. I welcome the Government’s sanctions on the morality police, but will they really be effective? How many of them will travel to the UK or hold assets here? Could we extend these sanctions to more senior political figures, and to other sectors—for example, by working with sporting bodies to ban Iranian athletes and sporting teams from competing in international competitions? Would that be more impactful?
My Lords, I first welcome the noble Baroness. I have not yet had an opportunity to answer a question from her, so I welcome her to this House. I also welcome her insights on this matter and other issues. She raised the important issue of alignment, which the noble Lord, Lord Collins, also mentioned. We are working with the United States and other key partners, including the European Union, on sanctions policy—when we act together, it is more effective. The noble Baroness raised a number of other areas where we can perhaps also act. I cannot speculate, but we will keep all options under consideration.
(2 years, 1 month ago)
Lords ChamberThat the Regulations laid before the House on 14 July be approved.
My Lords, I beg to move that the House considers the Russia (Sanctions) (EU Exit) (Amendment) (No. 11) Regulations 2022, and will also speak to the Russia (Sanctions) (EU Exit) (Amendment) (No. 12) Regulations 2022, the Russia (Sanctions) (EU Exit) (Amendment) (No. 13) Regulations 2022, and the Russia (Sanctions) (EU Exit) (Amendment) (No. 14) Regulations 2022.
The instruments before us were laid between 14 and 20 July, under powers provided by the Sanctions and Anti-Money Laundering Act 2018, and make amendments to the Russia (Sanctions) (EU Exit) Regulations 2019. In co-ordination with our allies, the United Kingdom continues to introduce the largest and most severe economic sanctions package that Russia has ever faced. Noble Lords will note that we continue to bring further pressure to bear on Mr Putin and his regime. Since these SIs were introduced, we have made further announcements on UK sanctions in response to Mr Putin’s illegal annexation of Ukrainian regions.
On 26 September, the UK sanctioned 29 individuals and organisations related to the temporarily controlled territories of Donetsk, Luhansk and Zaporizhzhia, Russian Government officials, four additional oligarchs and 55 state board executives. On 30 September, the Foreign Secretary announced a new set of sanctions related to services on which Russia depends. Building on previous action, the UK will prevent Russian access to advertising services, architectural services, auditing services, engineering services, IT consultancy and transactional legal advisory services linked to certain commercial activity.
The announcement also included a new ban on the export of nearly 700 goods that are crucial to Russia’s industrial and technological capabilities. The UK also sanctioned Elvira Nabiullina, the governor of the Central Bank of the Russian Federation. Nabiullina has been instrumental in the Russian economy throughout the Russian regime’s illegal war against Ukraine and in extending the rouble into the Ukrainian territories that are temporarily controlled by Russia. The measures we are debating today further isolate Russia’s economy and target key industries supporting Mr Putin’s illegal war in Ukraine.
I will first cover the No. 11 regulations, which ban the export of goods and technologies related to the defence, security and maritime sectors. They also prohibit the export of jet fuel, maritime goods and technology, certain energy-related goods, plus sterling and European Union banknotes. In addition, these regulations ban the import of goods such as fertiliser, metals, chemicals and wood, depriving Russia of a key export market. Together, these were worth £585 million last year. A further import ban covers ancillary services related to iron and steel imports.
My Lords, I thank all three noble Lords for their contributions this evening. I say from the outset to the noble Lords, Lord Purvis and Lord Collins—both will appreciate this, as we are working at speed—on the effectiveness of comparisons with our international partners, that there is information readily available, but there is a sensitivity, if I may put it that way, in publicly sharing information. However, I will be happy to share certain information and briefings with both noble Lords and give them updates on where we are.
Both noble Lords raised the important issue of the effectiveness of co-ordination with our partners, and I know that this is of interest. While I mentioned the issue of energy vis-à-vis our European Union partners, I have always maintained that there will inevitably be a country leading—such as the US or ourselves, or the EU—in certain areas. The important element with respect to the granular detail—I do have the summaries available, which I reflect on quite regularly—is to ensure that where there is a gap, say, from our side, we ask the pointed question as to why that is the case so that we can address it, and vice versa. Actually, that is working very well. I can share some of that information and bring noble Lords up to date on that, specifically outside the Chamber.
I cannot speak for the noble Lord, Lord Collins, but I say on behalf of my noble friends Lady Kramer and Lord Fox, who take an interest in these issues, that if the Minister wanted to facilitate a private briefing with officials to give an update on the Government’s estimate of the impact on the Russian economy, we would be willing to take that. I wanted to make sure that was on the record.
I can certainly share some of these issues, on the wider and general impact, this evening. However, particularly as we are working in very close alignment with our partners, I shall be certain to provide updates and private briefings in that respect.
I again thank all noble Lords for their strong support. The noble Viscount, Lord Stansgate, raised a question on the reach of SI 11. I confirm to him that we are co-ordinating the lists of goods covered by our export prohibitions with our G7 allies, and we are working very closely on those lists. To summarise, SI 11 covers an export ban on defence and security goods and technology, including products for internal repression; an export ban on maritime goods and technology; an export ban on additional energy-related goods and oil refining; an export ban on sterling or EU-denominated bank notes; an export ban on jet fuel and fuel additives; an import ban on revenue-generating goods, including metals, wood and chemicals, among others; and a ban on technical assistance, financial services and funds. So the SI is pretty comprehensive.
On that specific point, Stephen Doughty asked at the other end about goods for internal repression and how we are introducing that ban now, when surely we should have adopted it much earlier, particularly with the invasion of Crimea. Have we been exporting equipment for internal repression before?
As I said in my opening remarks, there are areas where SIs are already present and there may be a degree of overlap in the application, but what we are seeking to do with all these SIs is to ensure that our regulations are fully comprehensive. It is not that we were in the market to suddenly start exporting items which add to the suppression of domestic populations—I think we have known for a long time the challenges that the people of Russia face. As we evolve, go forward and progress our sanctions, it is important that we are as detailed as we can be. Previous sanctions may have covered aspects of those limitations, but we want to make sure that we are covering every element that we can.
Both noble Lords highlighted how those who are having sanctions imposed on them are looking at innovative pathways to overcome them. We have to be dynamic in responding to that. The noble Lord, Lord Purvis, raised the issue of other partners beyond our key G7 partners, and that is important. I fully accept that there will be issues; different countries have different perspectives, as we can see from looking at votes taking place within multilateral fora, including the one on the sham referenda. It is noticeable—I am being very up front here—that some countries are now not as forward-leaning as they were previously, and it is important that they get a consistent and consolidated sense from both your Lordships’ House and the other place of unity and purpose. Of course questions are there, but I cannot emphasise how important it is for them to see this unanimity. There are partners who are looking at this as the war continues with regard to their own domestic challenges as well. Therefore, the more aligned we can be with those partners who have sanctions regimes, the more effective we will be. However, I fully accept that there will be ways and means in which those having sanctions imposed on them will look to circumvent them.
The noble Lord, Lord Collins, asked about the McFaul group. The working group is an independent group of sanctions experts. Government officials have regular contact and close exchanges with the group, but if there are specific points perhaps the noble Lord will raise them with me and I will seek to answer them more specifically.
The noble Lord, Lord Purvis, talked about circumvention, which I have already addressed in part. These regulations seek to close the gaps. I come back to the whole issue of how we work with key partners. I will seek to provide more detail on the specific examples that the noble Lord raised.
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Lords ChamberThat the Regulations laid before the House on 18 July be approved.
Relevant document: 11th Report from the Secondary Legislation Scrutiny Committee
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Lords ChamberThat the Regulations laid before the House on 20 July be approved.
Relevant document: 11th Report from the Secondary Legislation Scrutiny Committee. Instrument not yet reported by the Joint Committee on Statutory Instruments.
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Lords ChamberThat the Regulations laid before the House on 18 July be approved.
Relevant document: 11th Report from the Secondary Legislation Scrutiny Committee
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Lords ChamberMy Lords, it is an immense honour for me to follow the noble Lord, Lord Jay. I reflect on the contributions that have been made, and I pay tribute to my noble friend Lord True and the noble Baroness, Lady Smith, for setting the tone and once again demonstrating your Lordships’ House at its very best.
All of us will reflect on the incredible contribution of Her Majesty Queen Elizabeth II, but as one foreign dignitary who rang me last night said, “She was not just your Queen, Tariq, she was all of ours.” That reflects the love and affection all of us are experiencing and seeing demonstrated across the globe. Her Majesty truly transcended barriers—barriers of religion and different nationalities. The noble Baroness, Lady Smith, alluded to Paddington Bear. I have an eight year-old who connects in a different way, but very poignantly, with our great sovereign who has passed. I saw directly, through various experiences, how, in a room full of hundreds, at times touching a thousand people, she made everyone she met feel that they were an individual. They cherish those memories.
We all have anecdotes. I remember 1977. I did not then know that I would carry the name of my town in your Lordships’ House, as I was but a young boy. We were terribly excited about the Silver Jubilee. Virginia Wade had reached the final of Wimbledon. The great citizens of the town of Wimbledon were told to line up and, dutifully, we did, neighbour to neighbour, friend to friend. We were all dressed in our red, white and blue and waving flags. As it happened, Her Majesty the Queen’s car passed directly in front of our house. It was a slow passing and, just for a moment, it stopped. Her Majesty the Queen looked towards my brother, sister and me. She smiled, her eyes twinkled, and she waved. Of course, the rest of the evening in the Ahmad household was spent arguing about who that wave was directed at. I still take possession of that wave. Again, it showed the ability of Her Majesty the Queen to connect. She knew that millions loved her, but she treated everyone as an individual because she loved her nation, and she performed her duty like no other.
To continue that personal journey, I am delighted that the Senior Deputy Speaker is in his place. It was along with my noble friend Lord Gardiner and the noble Lord, Lord Newby, that I had the great privilege of becoming a Lord in Waiting to Her Majesty the Queen and a government Whip. The three of us dutifully lined up together for that first meeting on official duty. As someone engaged at the Foreign Office, I wish my current Whips on the Front Bench well as we look towards welcoming the world for Her Majesty’s state funeral. As we lined up, there was a degree of trepidation, and then the doors opened and we went in. Each of us was treated as an individual. Her Majesty sat me down, and as I took my seat she said, “Lord Ahmad, I understand your mother is from Jodhpur.” She then shared her experiences of India and the south-Asian continent. Then she said, with a smile, “I understand your father was from Gurdaspur but he started life in the early 1950s in Glasgow. Now that’s a change if ever there was one.” These things matter.
I remember from various subsequent meetings her warmth and affection, and the real sense of trust she showed. At a one-to-one meeting when I was ending my tenure as a Lord in Waiting, she did not address me as Lord Ahmad but said, “Tariq, come and sit next to me.” It was the day after the Scottish referendum, and what was said will rightly remain private, but two things stayed with me. One was the trust she showed in sharing her views with me; the other was that maybe I was doing something right, as we had done away with my formal title and she had called me by my first name.
During my tenure as a Minister of State at the Foreign, Commonwealth and Development Office, I saw Her Majesty at her best when it came to diplomacy. During the Commonwealth Heads of Government meeting, she made a personal connection with each president and head of government she met, each dutifully lining up and waiting their turn to meet Her Majesty. If a training module for diplomacy is ever designed for diplomats and Ministers, Her Majesty really did set the standard. She demonstrated what connecting means, and the value of people-to-people connection. As Minister of State for the Commonwealth—I am delighted that my noble friend Lord Howe is in his place—I saw her love for the Commonwealth. It was shown not just by her words or actions, but by her connection with the people of the Commonwealth, and she is rightly mourned across the 56 nations today.
As we have heard from various noble Lords, Her Majesty had a real sense of humour. I shall share a final anecdote, which I shared with a couple of colleagues in your Lordships’ House just a few moments ago. Saddiqa, my wife, Lady Ahmad, and I were at one of the many diplomatic receptions we have attended, and there was a new official at the palace. Those who have attended these receptions will know that you have your place to stand in respect of who meets which member of the Royal Family, and where. Of course, I took my place, as I had done it a few times. The official came in and said, “Sir, you’re standing in the wrong place”, and wanted to move me into the diplomatic line. In a year in which we celebrated the diversity of this United Kingdom and what it represents, I assured the official that I was standing dutifully in the right place. She returned a few moments later and said, “I really must insist that you and your wife stand in the right place.” I smiled and said to her, “Madam, I assure you I am standing in the right place.” I continued standing where I was, together with Saddiqa. A few moments later, the official returned again and said, “I really must insist”, and as we were about to embark on our third bout of that conversation, who should come round the corner but Her Majesty, and she said, “Leave him alone. He’s one of mine”. There was a real demonstration of the best of Her Majesty’s wit, wisdom and knowledge.
My noble friend Lord Forsyth talked of Her Majesty’s deep faith. We had conversations about faith, as I have had the great honour to have with His Majesty King Charles III. Faith mattered to her. As Her Majesty now embarks on her final journey, to meet her maker, I end my humble contribution with the words I uttered when I was informed yesterday by my private secretary of Her Majesty’s passing: to almighty God we belong, and to almighty God we shall return.
I rise to express sincere condolences to the Royal Family at this time of loss and grieving. As many noble Lords have said, it is true that the whole UK is grieving in a similar way.
The Queen represented us in all sorts of ways for her whole life and for 70 years of public service, and she was absolutely tireless. I first met her when she opened City Hall in 2002. We were a new Assembly, we had a mayor and it was all very exciting to be in a new building. It was obvious that she took it very seriously. She went along the line-up at the end, probably 80 or 90 people, as if she was really enjoying it. Prince Philip took the opportunity of telling me what was wrong with the Greens. He told me quite forcefully, and I took it to heart; perhaps he was right.
I met her on other occasions, and the same attitude was there: absolute dedication to and concentration on what she was doing at the time. It was not like someone doing a job or performing their duty but someone who seemed interested and curious in what was happening.
I had a tiny taste—a glimmer—of what it was like to do such public service when I was deputy mayor under Ken Livingstone. He gave me lots of jobs he did not want to do—to meet people, go to meetings and make speeches he did not want to make. It was the first time ever that I was not representing myself or my political party. Sometimes I had to do things that were at odds with my nature: being very polite, listening to boring speeches and generally appearing to be interested and polite the whole time. I found that putting on a fascinated face, which is what Her Majesty did for 70 years, was incredibly difficult. I did that for 13 months; she did it for 70 years. It left me feeling what an extraordinary woman and an amazing monarch she was.