(2 years, 12 months ago)
Lords ChamberMy Lords, it will not be a sudden decision to return to 0.7%. Of course, I hope, as everyone does, that 0.7% is something that we can return to very quickly, but it is not going to happen overnight. We know from projections and economic trends when we are likely to meet that point, and that will provide us with ample time to prepare in order to ensure that we can spend the money effectively.
My Lords, I declare my relevant interest in a number of all-party parliamentary groups. Does the Minister agree that central to our international development strategy is the BBC World Service? If so, is he aware of the warnings from the National Union of Journalists that without renewed funding, in April 2022—in just a matter of weeks—vital programmes to places such as Korea, Ethiopia and Eritrea could be adversely affected? Will he ensure that as a matter of urgency the necessary certainty of funding—the point being made by the noble Lord, Lord Purvis, a few moments ago—is resolved, and will he promise to keep the House informed?
My Lords, I admit I have not seen the report that the noble Lord cites but I will dig it out after this session and convey his message, which he makes extremely well, to colleagues at the Foreign Office.
(2 years, 12 months ago)
Lords ChamberThat this House takes note of the reported remarks of the Secretary of State for Foreign, Commonwealth and Development Affairs that a genocide is underway against the Uyghur population in Xinjiang, China.
My Lords, in moving the Motion that the House takes note of the reported remarks of the right honourable Liz Truss MP, the Foreign Secretary, that a genocide is under way against the Uighur people in Xinjiang, I need to thank all noble Lords who will speak today. I declare that I am a vice-chair of the All-Party Parliamentary Group on Uyghurs and a patron of the Coalition for Genocide Response, whose founders I thank—along with the Library of the House—for the briefing material which has been made available to your Lordships. Similarly, thanks are due to the Inter-Parliamentary Alliance on China, of which I am also a member.
Today’s debate on genocide has deep roots, stretching back to the still unrecognised genocide of 1915 against the Armenians. It was carefully studied by the Jewish-Polish lawyer, Raphael Lemkin. More than 40 members of his own family were subsequently murdered in the Holocaust, the genocide of 6 million European Jews. Lemkin both created the word “genocide” and campaigned for the 1948 genocide convention, to which we acceded in 1970, and which ultimately led to the creation of the International Criminal Court.
Article II of the convention sets out what constitutes a genocide. This is not dependent on numbers killed—indeed, no killings at all are necessarily “required” if at least one or more of the five prohibited genocidal acts are proven—but it evaluates
“intent to destroy, in whole or in part, a national, ethnical, racial or religious group”.
As we debate what is afoot today in Xinjiang, recall how, in Europe, bureaucrats identified who was a Jew, confiscated property, used their victims as slave labour, scheduled trains to uproot them from their homes and communities, and deprived them of livelihoods and positions in society; and how German pharmaceutical companies tested drugs on camp prisoners, confiscated personal property, shaved heads, sent hair, jewellery, and other artefacts as trophies, and then made prisoners build their crematoria.
Since 1948, we have witnessed genocides in Cambodia, Rwanda, Bosnia, Darfur, northern Iraq and Burma, and now in China. Repeatedly, we have failed to honour our convention duties to predict, prevent, protect and punish.
As a new member of the House of Commons, as long ago as November and December 1979, I criticised the failure to utilise the visit of the Chinese Communist Party’s chairman, Hua Guofeng, to raise with him the Cambodian genocide being perpetrated by the CCP’s allies, Pol Pot and the Khmer Rouge. The Government declined at the time to name it as a genocide.
In Darfur, Rwanda, northern Iraq and Burma, I have seen first-hand how the promise to break the relentless and devastating cycles of genocide has never materialised. Will it be any different in Tigray, where the warning signs for mass, ethnically targeted violence are flashing red?
A former Yazidi MP asked me why we had not recognised the attempts to liquidate her community as a genocide. She was not alone in her incomprehension. Boris Johnson, then the Foreign Secretary, said Isis was
“engaged in what can only be called genocide … though for some baffling reason the Foreign Office still hesitates to use the term genocide”.
Following the attempts to eradicate the Yazidis and other minorities in Iraq, the world watched aghast as the same fate befell the Rohingya and others in Burma. Then came reports of mass incarceration and “re-education” of more than 1 million Uighurs in Xinjiang, with evidence of displacements, sterilisations of women, torture, rape and the use of slave labour in what has become a surveillance state. Speaking at the United Nations Human Rights Council, Dominic Raab rightly described the persecution of the Uighurs as being “on an industrial scale”.
During consideration of what is now the Trade Act 2021, by a majority of 129, the House passed an all-party amendment prohibiting trade with genocidal regimes. The House will remember that the so-called “genocide amendment” sought to provide an answer to the problem of the United Kingdom’s inoperable policy on genocide, a policy which refuses to engage with our convention obligations without the prior decision of an international court. However, as the House knows, no such court will ever hear a case against the People’s Republic of China.
Agreeing with this point, the House provided a judicial route to make a preliminary determination on the question of genocide via the High Court, a proposal devised on the advice of my noble and learned friend, Lord Hope of Craighead. A compromise amendment designated committees in each House to consider whether there was credible evidence of genocide committed by a potential trading partner. But this new mechanism is triggered only when there are formal negotiations for a free trade agreement with China, so it does nothing to help Uighurs now.
In any event, even if it did, the Foreign Office has said the committees’ decision would not be binding, any more than the historic decision of the House of Commons in April to declare a genocide in Xinjiang. The Foreign Office also rejected the findings of the House of Commons Foreign Affairs Committee report Never Again: The UK’s Responsibility to Act on Atrocities in Xinjiang and Beyond. It said it would not accept the Select Committee’s conclusion that the Government should
“respect the view of the House of Commons that crimes against humanity and genocide are taking place, and take a much stronger response.”
In September, our own International Relations and Defence Committee, on which I serve, published a report on China, trade and security. In evidence, Charles Parton, a leading authority, told the inquiry:
“Xinjiang and the genocide—and it is genocide under the UN convention’s description—have to be taken into account. This is not just about the sheer goodness and badness aspect but the reputation of companies of ours that are trading with those that are producing materials through forced labour and benefiting from what is going on in Xinjiang.”
The United States Secretary of State, Antony Blinken, is quite clear. He says:
“the forcing of men, women and children into concentration camps, trying to, in effect, re-educate them to be adherents to the ideology of the Chinese Communist Party, all of that speaks to an effort to commit genocide.”
Genocide is not part of the great game of diplomacy; it is the ultimate atrocity crime.
Very unusually, and to her enormous credit, Liz Truss has refused to follow the Foreign Office line and is reported as stating that the treatment of Xinjiang’s Uighurs must be regarded as genocide. With the British Foreign Office saying the opposite of what the Foreign Secretary is saying, the Prime Minister has the right to be even more baffled.
Major independent analysis and leaked documents all reach the same conclusion as the Foreign Secretary. Essex Court Chambers found that there is a “very credible case” that the Chinese Government are carrying out the crime of genocide against the Uighur people. A 25,000-word report from the Newlines Institute for Strategy and Policy, involving over 30 independent global experts, found that the Chinese state is in breach of every act prohibited in Article II of the genocide convention.
One could also read: the Australian Strategic Policy Institute’s compelling report The Architecture of Repression; Laundering Cotton, the joint report of Sheffield Hallam University and the Helena Kennedy Centre for International Justice; the joint contribution of Dr Joanne Smith Finley and Dilmurat Mahmut on cultural genocide, which will appear in the forthcoming volume The Xinjiang Emergency, edited by Michael Clarke; Dr Adrian Zenz’s recent work on the use of population control, separation of families, sterilisations and abortion to target the Uighurs; and Darren Byler’s book In the Camps: Life in China’s High-Tech Penal Colony. I have sent links to these reports to the Minister.
The published research suggests that, since 2016, at least 1 million people have been detained in Xinjiang without trial. The purpose is to “re-educate” them and replace their Muslim faith and culture with adherence to the ideology of the Chinese Communist Party.
Last month, CNN broadcast an interview with a former Chinese police detective who described how Uighurs had been pulled from their homes, with police officers
“handcuffing and hooding them, and threatening to shoot them if they resisted”.
The BBC bravely broadcast the testimonies of courageous Uighur women who described conditions in the concentration camps, including their re-education, rape and public humiliation by camp guards.
No one can say we did not see this red light flashing. No one can say we did not know. I have been to western China and Tibet. Since 2008, I have raised the plight of the Muslim Uighurs on over 70 occasions, in questions, speeches, endless emails to the ever-patient noble Lord the Minister and a take-note Motion in 2013.
The fate of these 1 million incarcerated Uighurs should be seen in the context of the enormities committed by the Chinese Communist Party, with one estimate holding the CCP responsible for the deaths of 50 million Chinese people over the decades. See it against the massacre in Tiananmen Square, the outrages in Tibet, forced organ harvesting, the destruction of Hong Kong’s freedoms, the daily intimidation of Taiwan and attempts to silence the parliamentarians who call them out. See it in the context of the £2 billion Evergrande South Sea bubble, the disappearances, torture, persecution and the imprisonment of lawyers and brave Chinese journalists asking the difficult questions about, for instance, the emergence of Covid-19 in Wuhan.
Lamentably, UK institutions care far too little about the origins of dirty money, about the use of slave labour in Xinjiang or the nature of the CCP. Note that the Commons report says that
“there are substantial research connections between the Chinese organisations responsible for these crimes and UK universities”.
While the Commons committee tells us that
“the issue of forced labour in Xinjiang is pervasive, widespread”.
Yet in your Lordships’ House, the Trade Minister told us that his ambition is to further deepen our trading relations.
Meanwhile, companies like Hikvision, banned in the United States but not here, are, according to the Commons inquiry, responsible for the cameras
“deployed throughout Xinjiang and provide the primary camera technology used in the internment camps”.
The same facial recognition cameras are even collecting facial recognition data in the United Kingdom. The Government were asked to prohibit UK organisations and individuals from doing business with companies known to be associated with the Xinjiang atrocities through the sanctions regime. Can the Minister tell us whether we are doing this and why the Government have declined to carry out an audit of the UK assets of CCP officials? Will he explain why we sanctioned four lower-level Chinese officials for their repression in the Uyghur Region, but left out Chen Quanguo—the architect of the whole thing, whom the US has sanctioned and who is also responsible for mass human rights abuses in Tibet?
Critically, given that, as per ICJ case law, the trigger for state responsibility is not whether a state has concluded that the criminal threshold for genocide has been reached but rather, that it believes there to be a serious risk of genocide, can the Minister tell the House if his department has undertaken an analysis of whether or not there is a serious risk of genocide in the Uyghur Region, and if not, why not?
Today, following the remarks of the Foreign Secretary, we need to provide a feasible judicial route to justice for victims of genocide and strengthen our capacity to identify and prevent emerging genocides. We should be ensuring evidence collection and preservation for future trials, insisting on criminal accountability and taking long overdue action on forced labour supply chains and trade linked to Uighur slave labour. Are we on the side of the slaves or the slave drivers?
Last week I met a Uighur woman who told me that more than 20 members of her family have disappeared. What we are doing to protect witnesses, including those who have given evidence to the Uyghur Tribunal chaired by Sir Geoffrey Nice QC? What are we doing to stop Uighur refugees being repatriated to China? What of the Winter Olympics? Not only should there be a diplomatic and ministerial boycott, but the public should protest to the big-name IOC sponsors—Intel, Omega, Panasonic, Samsung, Toyota, Coca Cola, Allianz, Alibaba, and others—that their sponsorship brings them discredit and that their money is blood money.
The word “genocide” should not be used inaccurately. But we should not hesitate to use it when and where all elements of the crime are present. That is what Liz Truss has done and I admire her for doing so. It is unacceptable for the Foreign Office to dismiss the view of this House, of the House of Commons, of its Foreign Affairs Committee, and of the Foreign Secretary. It is simply not tenable to go on with the same unresolved circularity—a vicious circle which debases the duties of the genocide convention. We cannot continue gesturing in the direction of courts, which we all know are incapable of holding China to account; that is immoral. We also owe it to the memory of Raphael Lemkin and to all of those who have been victims of genocide to do far more to confront this evil and those who have been getting away with genocide. I beg to move.
My Lords, sometimes the word “remarkable” is overused in the context of our debates in your Lordships’ House, but I do not think it would be overstating it to say that this has been a remarkable debate and I am truly grateful to all noble Lords who have contributed to it. My noble friend Lord Purvis talked about the importance of open parliamentary democracy. He said that it was the greatest rebuke that we could give to those who would silence other opinions.
A number of us have referred to one another as “noble friends” today even though we are from different places in the House. That is because many of us are friends. It has struck me that this has been a united response and the Minister is right to say that we have stood in solidarity on the fundamental freedoms. I cannot think of any better Minister to have answered the debate in your Lordships’ House today.
The noble Lord, Lord Ahmad, and I go back a long way. I have never ceased to be impressed by his diligent approach to his portfolio and the commitment he has made to human rights and fundamental freedoms. I was very struck by his saying that he will be seeing a number of people in the future, including the Ambassador of the People’s Republic of China. I hope that whenever he has the opportunity, he will share the Hansard from today’s remarkable debate so that people will know the opinions that have been so freely expressed in your Lordships’ House today.
The noble Lord, Lord Desai—who again is a noble friend—expressed an opinion that was different from those expressed in the mainstream of the debate, but that is the whole point of your Lordships’ House. He remarked that often, silence was the reason why some of the terrible atrocities of the past occurred. There is some truth in what he said, and I was struck by how Dietrich Bonhoeffer, the Protestant theologian, and Edith Stein, a Catholic nun, both said no to the Nazis and both were executed. Indeed, Bonhoeffer said:
“Not to speak is to speak. Not to act is to act.”
I think all of us have to bear in mind the privileges we enjoy in your Lordships’ House—the truth-telling that my noble friend Lord Hastings enjoined upon us—and that we have a duty to use those privileges, liberties and freedoms whenever we have the chance.
The Minister gave some clarity to the questions that my noble friend asked, but the specific question of competent courts that are able to determine these matters—the point that the noble Lord, Lord Collins, made so effectively from the Opposition Front Bench—is still unresolved and lies at the heart of this debate. A voice that has not been heard today—but all the arguments have been listened to by him throughout—is that of the noble and learned Lord, Lord Mackay of Clashfern. If anyone can convince people of the merits of the amendments that he voted for during the passage of the Trade Bill, I know it is him.
Now that Mr Dominic Raab is the Lord Chancellor, he is in a very good position to do something about the circular argument whereby this issue is only for a competent court to address. Given his background, I know that this will be something close to his own heart. I have written to him about this essential issue and I hope that the Minister, whom I copied in, will ask him to share the reply with all who have participated during the debate today.
I cannot go point by point on everything that has been said—your Lordships would not want me to—but I particularly endorse what the Minister said about the roles of AUKUS and the United Nations. Here, again, I rather dissent from the slight pessimism of my noble friend Lord Desai. We were very blessed today to hear from my noble friend Lord Hannay, with his huge experience of the United Nations—in what was described rightly as a moving and powerful speech—when he talked about his own experiences at the United Nations with Rwanda and Bosnia. We must remind ourselves of what he did when he was our ambassador at the United Nations, what the noble Lord does as our Minister responsible for the United Nations, and what most of us in your Lordships’ House believe in, which is internationalism and the importance of nations standing together.
Dag Hammarskjöld, perhaps the greatest of the Secretaries-General, said that:
“The United Nations was not created to take mankind to heaven, but to save humanity from hell.”
If anything, today, I think we have a glimpse of what hell may look like. My noble friend Lady Kennedy gave an analysis of the use of slave labour in Xinjiang and said that a genocide was in progress. My noble friend Lady Smith of Newnham said that following the Bosnia judgment, we have a duty to prevent at the instant—from that moment onwards—we come to know what is under way. The noble Lord, Lord Anderson of Ipswich, with his enormous experience of the law, gave us a forensic examination of atrocity crimes but he also referred to Nineteen Eighty-Four and the hollowing out of humanity. That phrase will stay with me.
My noble friend Lord Polak reminded us of the contribution of the late Lord Sacks to your Lordships’ House. His books, The Dignity of Difference and The Home We Build Together, sit on my bookshelves and I look at them again and again, because that is what we have to crack: we have to find ways of learning to live together. He reminded us of the hope that Hanukkah holds out and, like the Minister, I wish him a great festival and celebration. I thank him for reminding us what hope looks like—as did the right reverend Prelate the Bishop of St Albans, who has done so much on this issue over such a long period. He asked us, “Are we going to be a force for good? Are we going to balance this with trade?”
The noble Lord, Lord Cormack, referred to the way that William Wilberforce persisted over 40 years when ending the slave trade. But I am struck that people such as Richard Cobden, that great proponent of free trade, stood with Wilberforce as he did on the Opium Wars, which have been referred to. Not everyone went with these things and it is to the credit of parliamentarians that some said no and, in the end, the public changed their minds. The noble Lord reminded us that even when Wilberforce was on his deathbed—his book on the subject is well worth reading—the message was brought from Parliament to say that the law was being changed.
My noble friend Lady Finlay gave us horrific evidence of forced organ harvesting. She reminded us in her peroration about the dangers of unacceptable silence. I hope that when the Minister goes to Geneva, to talk again to the World Health Organization, he will take my noble friend with him.
We have heard speeches from the noble Lord, Lord Moynihan, and my noble friend Lady Grey-Thompson about politics and sport. The very first speech I made in my student union in 1970—I remember trembling at the time—was on the Stop the Seventy Tour campaign. Why? It was because I opposed apartheid. Again, that was a remarkable example of cross-party co-operation, of people standing together and ultimately changing the laws in South Africa, and people’s attitudes as well.
My noble friend Lady D’Souza talked about the insatiable need for cotton. She is right that we have to look, as the noble Lord, Lord Purvis, said, even at the ties we wear and ask ourselves where these things come from. During the campaign against slavery, there was a rising up of people through the sugar boycotts and suchlike which made parliamentarians say, “The public are behind us—let’s do something about it”. She also talked to us, as did my noble friend Lady O’Loan, about the wider consequences. The fearful harbinger of Hong Kong, as my noble friend reminded us, is held out in the context of Taiwan. The Minister was right to talk about the dangers that lurk in the Taiwan Strait and the South China Sea, and how we have to stand with our natural allies—in Five Eyes, but specifically in AUKUS as well—in confronting these dangers.
My noble friend Lord Shinkwin reminded us of the Conservative Party Human Rights Commission and its admirable report, chaired by the noble Baroness, Lady Hodgson of Abinger. That report deserves to be read by every Member of your Lordships’ House. He told us about the importance of dealing with supply chains; the recommendations in that report looked at ways of trying to sort out where commodities come from.
My noble friend Lady O’Loan told us about the things that have been happening to other groups of people. Yesterday was Red Wednesday, and the Minister reminded us all of the importance of freedom of religion or belief. Article 18 of the 1948 Universal Declaration of Human Rights specifically says that everyone has the right to believe, not to believe or to change their belief; it is violated every day. One of your Lordships’ parliamentary committees said that it is an orphaned right. We should take it out of the orphanage, and no one does more to do that than the Minister.
In the context of China, what is happening to the underground churches and Falun Gong, as referred to by my noble friend Lady Finlay? What is happening to Mongolians and people of many different extracts, religions and politics? We must deal with that.
My noble friend Lord Sandwich and others have made great contributions to your Lordships’ House during this debate. I am conscious that there is another debate to follow. I think I was told that we have until 2.45 pm but I do not think I should trespass any longer on your Lordships’ time, other than to say thank you to everyone who has taken part. We will not be silenced on this issue. All of us who have spoken today will return to it again and again, until this injustice is properly recognised and put right.
(3 years ago)
Lords ChamberMy Lords, the conflict has the capacity to spill even further out of control and expand beyond the northern region. We have struggled to deploy UK aid for the reasons I described in my answer two questions ago. UK aid was being delivered into and across Tigray before the Government of Ethiopia created a blockade. We are supporting partners so that they can quickly recommence aid delivery should that be possible, and we are putting pressure on the Ethiopian Government to address the blockade and remove it.
My Lords, can the Minister confirm that he and the Foreign Office have received representations from the All-Party Parliamentary Group on Eritrea, which I co-chair, about torture, rape and starvation being used as weapons of war and the involuntary repatriation of Tigrayan refugees to Eritrea? Will the United Kingdom follow the United States in imposing targeted sanctions on the perpetrators of these crimes? What is being done to ensure that those responsible for what has rightly been described as a catastrophic, man-made disaster that is destabilising the whole of the Horn of Africa are brought to justice?
My Lords, we are appalled by the reports that we have received on the systematic killing of civilians; widespread sexual violence, including rape and including that of children; indiscriminate shelling; and ethnic discrimination, including the forcible displacement of communities. I cannot answer the noble Lord’s question on the APPG report, I am afraid, but I will ask my colleague, who would have received it, to confirm that that is the case. On sanctions, the UK will consider the full range of policy tools at our disposal to protect human rights and deter violations of international humanitarian law.
(3 years ago)
Lords ChamberMy Lords, it is very late and I have not participated in the Bill before, so I shall be extremely brief. My interest is not so much in the matter we are debating; I understand that people feel very strongly about it, on both sides, but I have no particular dog in that fight. My intervention comes because I am chairman of the Secondary Legislation Scrutiny Committee of your Lordships’ House. As is well known, we produce a report every week where we try to provide a commentary on the instruments that are coming up through the process so that your Lordships have some guide—some thoughts, some suggestions—about areas that might usefully be probed as we undertake our primary role, which is of scrutiny and the ability to hold the Government to account.
I have read my noble friend the Leader’s letter with great care and I recognise and accept the seriousness of the points she makes and has spoken about this evening; that we are a self-regulating House and how this amendment, if I may summarise what she is saying, is pushing the envelope too far. I introduce to the House the concept of Isaac Newton’s third law of motion: for every action, there is an equal and opposite reaction. I think Newton’s third law of motion may explain some of the background to the issues that we are debating so strongly tonight.
The SLSC, along with many other Members of your Lordships’ House, is increasingly concerned about the use—some might say misuse or misapplication—of secondary legislation, which, as all Members of your Lordships’ House know, and the Government very conveniently find, has a very much lower level of scrutiny. So, in summary, while my noble friend may be pushing the envelope, I think the Government have been pushing the envelope in recent months and years a great deal. What do I mean? I shall give just two examples which I think are of particular relevance to our debate this evening.
Permanent changes to our laws, which probably should be introduced by primary legislation, are being rushed through in regulations, and sometimes being rushed through under the excuse that they are needed for the pandemic. Planning regulations have nothing to do with what we are discussing today but are something that may change our high streets, perhaps for ever. They have nothing to do with the pandemic, yet are now law because of regulations made under a pandemic regulation. The noble Lord, Lord Davies of Brixton, made a point about impact assessments. Regulations with sunset clauses have no impact assessments because they are going to last for less a year, and then—surprise, surprise—they are extended, they go over the year, but still no impact assessment is produced; or impact assessments are introduced long after the debate in your Lordships’ House, when regulations are in place, and are of no real value, therefore, in influencing the way the House decides.
Last week, we looked at the Motor Vehicles (Driving Licences) (Amendment) (No. 2) Regulations 2021: these concern critical issues about road safety and no impact assessment has yet been provided. If debate and scrutiny are stifled, as they are by not providing this information, the Government must expect Members of your Lordships’ House to try to find ways to get round the point, and that is what brings us to the issue we are facing tonight. The system for scrutiny has not provided a way for a proper extent of looking at and considering issues which mean so much to people on both sides of the argument that we have been discussing for the last couple of hours.
I will not go on but will conclude by saying that while of course I understand my noble friend the Leader’s concerns and worries, I say to her gently that I think there is a view in your Lordships’ House, and outside in academia, within the Hansard Society and elsewhere, that the Government, the Executive, have made a grab for power at the expense of Parliament, the legislature, and that these actions have led to the equal and opposite reaction that we are debating tonight.
My Lords, the noble Lord, Lord Hodgson of Astley Abbotts, has made an important contribution in your Lordships’ House, albeit at this late hour. This is a terrifically important debate; it is about our role as a House that scrutinises and about the democratic deficit the noble Baroness, Lady Stroud, referred to earlier. I begin by thanking the noble Baroness, Lady Stedman-Scott, and indeed the noble Baroness, Lady Sherlock, for coming to the Cross-Bench Peers meeting last week and setting out the arguments about scope, but also about the Bill in general.
I think there has been, across the House, outside and inside the Chamber tonight, a really important discussion about our role as parliamentarians, and what our job is in these kinds of circumstances. Ultimately, despite my incredible affection, as she knows, for the noble Baroness, Lady Fookes—I am sorry we disagree on this occasion; I have enormous respect for her, and we have spent much of our lives in both of these Houses defending democratic values—I do not think the argument is about whether or not the amendment that has been tabled tonight is in scope. It is about the position and rights of this House to reach a decision on this issue. I agree with the noble Baroness that, looking at the Title of the Bill, she is right to come to the conclusion that she has, but taking the argument that the noble Baroness, Lady Boothroyd, had put, that was advanced by the noble Baroness, Lady Stroud, in her remarks tonight, it demonstrates that in some circumstances we can reach a different conclusion.
Those circumstances, as the Leader of the House has told us, ought to be extraordinarily rare. Therefore, I do not say that I came to a short, sharp decision on this issue. Indeed, my mind is still open and I have been listening carefully. I recognise it takes some courage to persist in the face of procedural questions of custom and practice, especially in a House such as this. The noble Baroness, Lady Stroud, has given decades of commitment, along with the noble Lord, Lord Freud, to these issues. They have done this with extraordinary conviction, knowledge, courtesy and passion.
I will say a word about precedent and this issue of scope. I have also occasionally found myself in disagreement with the clerks and have, on the whole, of course, accepted their decisions. There are three questions, though, that might tilt the balance for me, and which I think apply in this case.
The first is, of course, the position of the elected House. Until I stood down from the House of Commons, I had the privilege of serving there, following my election as long ago as 1979. Within my recollection, there were a number of occasions where, on all sides, we were relieved when Members of your Lordships’ House sent back an amendment that gave us the opportunity to think again. Indeed, as recently as in the last 12 months, your Lordships persisted with an amendment to the Trade Bill on the question of genocide. At the end of a protracted process of ping-pong, an accommodation of sorts was reached between both Houses. Several senior Conservative Members, including a former party leader, expressed their thanks to your Lordships that we had given them, in another place, a chance to think seriously about an issue that had not been debated at any stage of that Bill’s progress in the House of Commons.
Secondly, what would tip me in favour of the noble Baroness’s amendment today is the support that she has received from an illustrious former Minister who dealt with these matters: the noble Lord, Lord Freud. The noble Lord will remember that I harried him when he was a Minister on an issue that went to ping-pong. It was about mesothelioma, which for personal reasons I know he felt deeply about. He defended the Government’s position, as he was right to do. We went to ping-pong and ultimately an accommodation was reached, and it went further than that: the noble Lord then introduced an entire Bill on mesothelioma. It is part of his extraordinary legacy from his time as a Minister. He is a man I enormously admire. I note too that six former DWP Secretaries of State since 2010 have said that the £20 uplift investment should remain.
Thirdly, there is the little issue of manifestos. Commitments made in government manifestos are very much in scope when we come to consider legislation. The Government’s current policy regarding uprating is entirely at variance with that commitment. It is not a trivial issue; it is something on which our colleagues in the elected House have the right to deliberate. This amendment would give the opportunity to do that in the House of Commons.
What of the substantive argument about the universal credit £20 uplift? Sir William Beveridge, who was a Member of both Houses, said it was our duty to provide a safety net—a phrase that was used by the noble Baroness earlier on—against the “giant evils”. Today, there are cuts and sears in that safety net that we must repair.
Finally, at Second Reading, the noble Baroness set out her formidable objections to the removal of the £20 uplift, but also her serious concerns about the democratic deficit. The noble Baroness, Lady Stowell, talked about public confidence and thought that if we took this decision it might erode public confidence. I think it will have precisely the opposite effect, and this is not something I argue for lightly. I certainly think we need to give it a great deal more thought.
(3 years, 4 months ago)
Grand CommitteeMy Lords, I thank my noble and right reverend friend Lord Harries of Pentregarth for initiating this important debate. As he said, India is a truly great country; it is one for which I too have great affection and admiration.
One of the greatest Indians was Dr BR Ambedkar, the Dalit who became a lawyer—an alumnus of Gray’s Inn—a parliamentarian and a social reformer, and who crafted India’s constitution. Last month I was honoured to take part in the unveiling of a new portrait and the opening of a room at Gray’s Inn, dedicated to the only Indian ever to be awarded such an honour. Dr Ambedkar’s great-grandson, Sujat Ambedkar, was present. Santosh Dass, Ali Malek QC, the Master Treasurer of Gray’s Inn, and the Federation of Ambedkarite and Buddhist Organisations UK, all deserve our congratulations for bringing this project to fruition.
For all Indian citizens, the story of Dr Ambedkar and his constitution is an inspiring route out of enforced misery, a pathway out of servitude, and a road map to emancipation, justice and equality. It signposts the way to social, economic and political justice, to liberty of thought, expression, belief, faith and worship, to equality of status and of opportunity, and above all, to the fraternity and dignity of India’s citizens.
However, as Dr Ambedkar once said,
“If I find the constitution being misused, I shall be the first to burn it”.
He would surely be greatly disturbed that millions of Dalit and tribal people still remain excluded from their rights, as guaranteed in that constitution, and that the BJP Government have presided over the steady erosion of those hard-won gains. Take the incarceration of human rights defenders, academics and lawyers, referred to earlier, who are in jail, without bail or prospect of an early trial. Dr Anand Teltumbde, Dr Ambedkar’s grandson-in-law, is one of those incarcerated without bail. He is 71.
Those jailed in the Bhima Koregaon case have consistently and robustly denied the charges against them. Yet some have been in jail for years, without bail, under dubious sedition laws—bequeathed, regrettably, by the British—on trumped-up charges and flawed evidence. Many are elderly and have medical health conditions. Along with Dr Teltumbde, there are the 80 year-old human rights activist and poet Varavara Rao and the 60 year-old trade unionist, activist and lawyer Sudha Bharadwaj. All of them are languishing in jail; all are in extreme danger of catching the Covid virus there, and all have been denied bail.
Think of Father Stan Swamy, who has been referred to before, and about whom I was in regular touch, and correspondence, with the Minister, who tried incredibly hard to be helpful in this case. Father Swamy spent his life defending the rights of tribal people in India. He was a frail 84 year-old man with Parkinson’s yet despite applications on health grounds, the authorities denied him bail. His death was unjust and it needs to be investigated impartially.
Following Father Swamy’s death in custody, Mary Lawlor, the UN special rapporteur on human rights defenders, said:
“There is no excuse, ever, for a human rights defender to be smeared as a terrorist, and no reason they should ever die the way Father Swamy died, accused and detained, and denied his rights.”
I echo those remarks.
The rape and punishment of Dalit and tribal women and girls also must be of the gravest concern to us. I welcome the reply that the Minister gave me on 19 July about the British high commission’s project to provide legal training for Dalit women to combat violence against them. I really hope that this will make a tangible difference that can be measured in due course.
Finally, like other countries, India has suffered grievously under Covid. We have all seen the heartbreaking reports. The long-term health and economic effects on Dalits and tribal peoples, who would frequently be the daily labourers or bonded labourers, should surely be examined and researched. The human rights that Dr Ambedkar championed all his life must be protected.
I will end with this. In his book, Annihilation of Caste, Dr Ambedkar said:
“A just society is that society in which ascending sense of reverence and descending sense of contempt is dissolved into the creation of a compassionate society.”
(3 years, 4 months ago)
Lords ChamberI can give the noble Lord that direct reassurance. We will do exactly that.
My Lords, I take the Minister back to what he said about the Truro review and specifically to recommendation 7, which asks the Government to put in place effective mechanisms to deal with the crime of genocide against religious and ethnic minorities. In that context, the report published this morning by the Foreign Affairs Select Committee of the House of Commons recognises that a genocide is under way against Uighurs in Xinjiang and calls on the Government for a much stronger response. Can the Minister tell us what that response will be?
My Lords, I have yet to read the report in full, although I am aware of its publication. I have not yet reviewed it. Bearing in mind its publication, I am sure that in due course the FCDO will respond accordingly. I can share with the noble Lord—I am sure he is aware of this—that the United Kingdom has consistently, regularly and directly raised the persecution of the Uighur Muslims in Xinjiang in China. We continue to do so. We recently worked through a resolution at the Human Rights Council led by Canada. In the past few weeks, I have met Uighur representatives visiting the UK to hear about their plight. I assure the noble Lord that this remains among our key priorities and will continue to be so.
(3 years, 5 months ago)
Lords ChamberTo ask Her Majesty’s Government what assessment they have made of the report by Amnesty International “Like We Were Enemies in a War”: China’s Mass Internment, Torture, and Persecution of Muslims in Xinjiang, published on 11 June.
My Lords, the Amnesty International report is a compelling addition to the already extensive and irrefutable body of evidence about systematic human rights violations taking place in Xinjiang. The Government have taken careful note of the report and FCDO officials have already discussed the findings with Amnesty International. We will continue to engage with a wide range of NGOs and other experts to inform our further understanding of the situation on the ground in Xinjiang.
My Lords, with Amnesty’s report detailing arbitrary detention, forced indoctrination, torture, mass surveillance and crimes against humanity, along with newspaper reports from Xinjiang of the destruction of 16,000 mosques, harrowing evidence being given last week to the independent Uyghur Tribunal, whose brave witnesses and families now experience threats and intimidation, and further legislatures joining the House of Commons in declaring atrocities against the Uighurs to be a genocide, when will the United Kingdom raise this report from Amnesty at the UN Human Rights Council and seek judicial remedies? Will the Government commit to co-operating with, examining and acting on the findings of the Uyghur Tribunal, chaired by Sir Geoffrey Nice QC?
My Lords, as the noble Lord is aware, I have met directly with Sir Geoffrey Nice on numerous occasions and we continue to monitor the tribunal as it takes place. My understanding is that the first session has now been completed. On the independent evidence, the noble Lord might be aware that I met with some of the people who gave evidence to the tribunal last week as part of our direct engagement with members of the Uighur community. With the session of the Human Rights Council coming up we will look at this report very carefully. As I said, we have met directly with Amnesty International on its recommendations and findings.
(3 years, 5 months ago)
Lords ChamberMy Lords, I will not agree with my noble friend on the fact that it is a failed continent. I think there are many successes across Africa but, as I alluded to earlier, we are working with key partners and through UN agencies both on the ground and through political engagement to ensure that we bring about a peaceful resolution of this conflict.
My Lords, I declare an interest as co-chair of the All-Party Parliamentary Group on Eritrea, which will be addressed this afternoon by the United Nations special rapporteur on Eritrea and will focus on Tigray. How do the Government intend to respond to his findings of appalling human rights violations by Eritrean militias in Tigray? Did the Minister discuss it when he met the Secretary-General of the United Nations last week? Are we working with Ireland, which is proposing to raise this in the Security Council this week? Are we considering joining Belgium, which is using universal jurisdiction to bring prosecutions for war crimes and crimes against humanity?
My Lords, yes, I did discuss this with the UN Secretary-General António Guterres last week when I met him. We are awaiting a full report of that joint investigation by the UN Office of the High Commissioner for Human Rights and the Ethiopian Human Rights Commission, which is currently under way. We will continue to work with key partners on the UN Security Council, including Ireland, to find further resolutions and we continue to lobby for a full debate at the UNSC.
(3 years, 5 months ago)
Lords ChamberMy noble friend presents an interesting proposition. What I will say in response is that, as part of the withdrawal agreement, which was ratified back in January 2020, a financial settlement was agreed on the UK’s past obligations as a departing member state from the EU and that, by definition, this does not relate to any future arrangements. The EU and the UK both recognise our financial commitments to each other in this respect.
My Lords, perhaps I may take the Minister to questions of parliamentary sovereignty, legality and trust. If Governments are permitted to break laws, politicians to break manifesto promises, parliamentarians to break commitments to the destitute and starving, why should anyone take the blindest bit of notice when the United Kingdom proclaims the rule of law and the primacy of Parliament? Before the Prime Minister travels to the G7 summit, I ask the Minister to take the message to him—it is the one he has heard today during these exchanges, but it is from many in your Lordships’ House—that this country’s word should be its bond, even when that is difficult or inconvenient, and urgently to put right this deeply troubling and, arguably, illegal decision.
My Lords, as the noble Lord is fully aware, I respect greatly his commitment and passion and, of course, his principles for the issues around our support of the most vulnerable communities around the world, as well as his advocacy for human rights. On a lighter note, he has suggested that I should talk to the Prime Minister before he departs for the G7 summit. The Prime Minister is already in Cornwall, so I cannot promise that I will be able to do that in practical terms. What I will say to the noble Lord is that, as I have said before, I recognise, as do the Government, the important role that Parliament plays, its sovereignty and the importance of standing up for the rule of law. Indeed, as the Minister responsible for standing up for the rule of law, I can assure the noble Lord of my engagement in that directly—as was demonstrated in our support for recent candidatures for the International Criminal Court, for example. That demonstrated the strength and respect for the United Kingdom as a state that stands up for its international obligations and for the international rule of law, and long may that continue.
(3 years, 5 months ago)
Lords ChamberMy Lords, we are working on specific measures on a raft of issues with our allies, as my right honourable friend Minister Cleverly indicated, including, without my going into the details of each case, engagement directly with the Iranians on the early release of all those currently held in Iran, as I have said already.
My Lords, can the Minister study this morning’s statement by openDemocracy, which includes an appeal by a survivor of the 1988 mass executions of Iran’s political prisoners, and support his call for an international commission of inquiry, requested in a letter in May to Michelle Bachelet by more than 150 UN officials, lawyers and human rights activists? Also, given the alleged role of Ebrahim Raisi in those events and in subsequent executions and impunity, and given his statement that amputation of arms and limbs is a “divine punishment” and that divine punishments are
“a source of pride for us”,
how do the Government view the prospect of his election as Iran’s next President?
My Lords, I have not seen the statement, so I will write to the noble Lord on the specifics of his question. I assure him that we continue to make the case through multilateral engagement as well as directly with Iran about the well-being and, ultimately, the early release of all hostages.