(2 years, 2 months ago)
Lords ChamberI will say to my noble friend that the right honourable Ben Wallace, the Secretary of State, in responding to the Statement in the other place, confirmed that we were not working to some fixed schedule; we are working in relation to training the armed forces of Ukraine on the basis of what they want, when they want it, and we will endeavour to support that need. The training we are providing is actually providing the UK Armed Forces with a great learning opportunity, because our troops are learning what our enemy does in the latest battlefield situation and how we should deal with it, so there is a mutual benefit.
My Lords, the noble Baroness will have seen that, in the last day, President Zelensky has supported the call by the UN safety agency that a safety zone should be put around the Zaporizhzhia nuclear power station, and that it has warned that the risk of catastrophe is accelerating. What are we doing to support the cause of President Zelensky and what more can be done?
We engage regularly with Ukraine across a wide range of issues, not least the power station and the concerns surrounding it. We are awaiting a report from the recent inspection; that will be produced at United Nations level and it will then be for a concerted response to determine how best to keep that area secure, and how to assist the Ukrainian population in that vicinity.
(2 years, 5 months ago)
Lords ChamberThe MROSS is not a military engagement ship, per se; it is a ship that will do important surveillance activity, with reference to our subsea cables and energy infrastructure. I do not for one minute disagree: it is an important project; the MoD recognises that, but it is complex. That is why proper regard to due process must be taken.
My Lords, in the context of Ukraine, can the noble Baroness say what role the Royal Navy is playing in deterring Russian aggression? Given that there are 25 million tonnes of grain blockaded in ports around the Black Sea, what advice is the Royal Navy giving, particularly to neutral countries and their navies, to get that food out to feed starving people in the Horn of Africa?
(2 years, 9 months ago)
Lords ChamberI join with others in welcoming my noble friend Lord Sedwill and his remarkable, notable and distinguished maiden speech.
Yesterday during a meeting, the Ukrainian ambassador described to me fighting in the government district of Kyiv as President Zelensky continued to work from his office. What more can the Minister tell us about the safety of President Zelensky, his family and his Cabinet—and, if necessary, about providing a place of safety for a Government in exile?
I will say something about justice and the rule of law. On 1 July 2019, Ukraine recognised the International Criminal Court and, in 2020, signed the Rome statute. It has made two special ad hoc declarations under Article 12(3) of the statute, giving the ICC jurisdiction over crimes perpetrated on its territories from November 2013 onward. First, the Maidan demonstrations and, after later events, the prosecutor’s preliminary examination concluded that there was a reasonable basis to believe that war crimes and crimes against humanity had already been committed. Yesterday, we saw why the ICC should now take urgent next steps, requesting authorisation from the Pre-Trial Chamber to investigate Putin’s invasion and his contempt for the rule of law. Impunity for previous crimes simply begets further crime.
The ICC is a court of last resort. The Government’s law officers should urgently liaise with the prosecutor about prioritising the case of Ukraine and requesting authorisation to investigate, and ultimately prosecute, the perpetrators. Unlike a referral via the Security Council, such an action could not be vetoed by Russia. The evidence of such crimes is written across the scarred face of a woman on the front pages of our newspapers today whose apartment in Kyiv was bombed yesterday. Russia’s military and political leaders must be put on notice that they, and the members of the Russian Duma who voted for this act of aggression, need to know that, in addition to welcome economic sanctions, their future ability to travel to any of the 123 countries which have ratified the Rome statute will leave them open to arrest and being brought to justice.
Then there is the question of self-defence. I was shocked by reports that Estonia was stopped by Germany from sending munitions to Ukraine over its territory. Notwithstanding its welcome decision on Nord Stream 2, when one NATO country stops another NATO country from assisting in self-defence and upholding liberty and democracy, what does that say about our unity and shared values as an alliance? As the noble Lord, Lord Campbell, said, NATO has kept the peace and is not an instrument for territorial conquest. Putin, not NATO, is the aggressor, and Ukraine shows that NATO must be recalibrated and united for these dangerous times.
The US has 35,000 troops defending 400 million Europeans, who themselves have a $21 trillion economy. The US pays 75% of NATO’s costs. The UK, to its credit, meets 2% of the NATO contribution. It is high time that Germany and the others did the same. We, too, must carefully recalibrate and reconsider the cuts to our armed forces—to which the noble Lord, Lord West, and others, referred—our strategic deficiencies, about which my noble and gallant friend Lord Stirrup has written this week, and our overdependency on hostile actors.
In 1989, we celebrated the fall of the Berlin Wall and the end of the Iron Curtain. We do not need another one. Yesterday, we saw thousands of people carrying backpacks and dragging suitcases to the Ukrainian border following Putin’s invasion—wickedly adding to the 82 million people who are already displaced or refugees in the world today. There are predictions of 5 million more displacements. Poland alone is preparing to receive up to 1 million refugees. The UNHCR has warned of “devastating humanitarian consequences”. Putin and Lukashenko cynically use refugees as cannon fodder. What are we doing to open safe routes and contain this human catastrophe?
Finally, I have never forgotten the sheer courage and determination of pro-democracy activists whom I met on the streets of Lviv in 1989 as they risked their lives to throw off the shackles and chains of the Soviet Union. I met people who had spent most of two decades in Soviet prisons and families who had, in the previous generation, lost loved ones to Stalin’s Holodomor: the man-made famine that convulsed Ukraine from 1932 to 1933 and led to millions of deaths. Paradoxically, today many countries—especially in the Maghreb and Middle East—rely on Ukrainian wheat to feed their people. How will we deal with that? As other noble Lords, including the noble Lord, Lord Collins, have said, what will we do to ensure that the truth—often usually the first casualty in the fog of war—is heard via the BBC World Service and social media? In 1989, Ukraine began to replace pain with hope. In inflicting more pain, Putin outrageously suggests that Ukraine never existed and should no longer exist. However long it takes, we must prove him wrong.
(2 years, 10 months ago)
Lords ChamberMy Lords, will the noble Baroness return to the question from the noble Lord, Lord Campbell, about the position of Germany in regard to Estonia, which has been trying to send munitions to Ukraine for its self-defence? When one NATO country stops another NATO country upholding freedom, liberty and democracy, what does that say about our position as an alliance? Also, what does it say when Germany offers instead to provide a field hospital to Ukraine?
I do not have any information on that precise point, but I undertake to investigate and respond to the noble Lord if I can.
(2 years, 10 months ago)
Lords ChamberI thank the noble Lord. I have endeavoured to refer to them as “migrants” because that is what they are. The MoD’s role is to assist the Government’s broader objectives in approaching immigration policy by dealing with this particular aspect in the channel, which has caused such concern and has been such a source of heart-breaking tragedy and worry to the migrants themselves. The noble Lord asked whether this plan had been thought through. Obviously, the detail has to be worked out but it is very positive that the MoD is gladly taking on this role, and Defence Ministers have committed to providing a Statement to both Houses once the plans for implementing defence primacy have been thoroughly worked through and refined.
My Lords, has the Minister had a chance to look at the implications for her department’s actions under UNCLOS, the law of the sea, and will she assure us that we will always conform to it? Will she return to the debate that was held in your Lordships’ House two weeks ago today on behalf of Cross-Bench Peers that drew attention to the over 80 million refugees and displaced people in the world today, and to the calls from throughout the House to look not just at the pull factors but at the push factors and to co-ordinate cross-department activity and international activity in getting to the root cause?
(2 years, 10 months ago)
Lords ChamberThe noble Lord makes a very important point. He is right that we should remember that a considerable part of Ukraine continues to be illegally occupied, with the negative and unwelcome consequences to which he referred.
The United Kingdom, as the noble Lord will be aware, has supported Ukraine for over 30 years since it became a sovereign state in its own right. Since 2015, through Operation Orbital the UK has done what it can to help build what I described earlier as the resilience of the Ukrainian armed forces. We have provided defensive training to over 22,000 Ukrainian troops since 2015. That includes the maritime training initiative, to which I referred, to help the Ukrainian navy rebuild its capacity.
In June last year we entered into an agreement with Ukraine through a memorandum of implementation, which affirmed the UK as open to supply Ukraine with defensive weapons systems as well as training. That principle remains. The noble Lord will possibly be aware that we signed a UK export finance treaty last November to finance the Ukraine naval capabilities enhancement project. That treaty amounts to £1.7 billion of assistance.
That is meaningful help and it might assist your Lordships to understand that this is not just empty rhetoric. The proposal is that there will be missile sale and integration on new and in-service Ukrainian navy patrol and airborne platforms, including a training and engineering support package. There is a going to be development and joint production of eight fast-missile warships with modern defensive armaments. We will also assist with the creation of a new naval base in the Black Sea as a primary fleet for Ukraine and a new base in the Sea of Azov.
What the UK is trying to do in a holistic manner is to come to Ukraine’s aid in helping it to be more ready to defend itself. I think the UK can be satisfied with, and justly admired for, the help it has been giving. It has not been doing that alone, of course. As the noble Lord will be aware, the United States has been assisting as well.
The United Kingdom is very conscious of the extremely sensitive position in which Ukraine finds itself, not least because of the issues to which the noble Lord referred, but we are doing a number of very substantive things to assist it.
The Minister was right to emphasise the importance of respecting the sovereignty of Ukraine. In 1989, I was privileged to be in Lviv in Ukraine at the time of the pro-democracy rallies there, when they were trying to throw off the hegemony of the Kremlin. Does the Minister agree that part of the Putin narrative is the recreation of the Soviet Union and that his regime is pushing in every direction it can to try to achieve that?
I particularly welcome what the Secretary of State for Defence said yesterday in pointing to Vladimir Putin’s 7,000-word essay, which has ethnonationalism at its heart. Only one paragraph mentions what the Secretary of State calls
“the straw man of NATO”;
in other words, this is an excuse to talk about NATO when there is a whistle blowing from the Kremlin, trying to whip up ancient hatreds.
Are we western nations not in danger of falling into the Byzantine trap? The Byzantines, when they had the enemy at the gates, were arguing about the gender of angels. Is it not important that, despite the vested interests the West has in gas, oil and the rest, we stand together and recognise what the people of Ukraine fought for in 1989 in seeking their independence and stand with them at this terrible time of trial?
I think very few people would disagree with the noble Lord’s sentiments and I thank him for his reference to the comments by my right honourable friend the Secretary of State. I think an earlier contributor mentioned his article in the Times yesterday. I thought it was an extremely helpful analysis and a very clear illustration that in the West we totally understand what is happening and see through it. I think there is a need for that candour and that rigour.
I feel that in the current situation there is a need to be absolutely focused on where the immediate threat lies. As we speak, something like 100,000 Russian military are amassed on the borders of Ukraine. That is the actual threat and that is why we have to address our thoughts to how best we support Ukraine with a variety of measures, whether that is what we were doing in supplying from the UK these weapons that can be used in a defensive capacity, whether it is that we propose to apply sanctions if anything unacceptable happens, or whether it is that NATO and the EU are united as to a response against anything that President Putin may be minded to do which, quite simply, is unacceptable, contravenes international law and is an affront to the independence and sovereignty of Ukraine.
(2 years, 11 months ago)
Lords ChamberMy Lords, I entirely support what the noble and gallant Lord, Lord Craig of Radley, has just said, but I want to add a word on Motion A1. It is clear that the overwhelming majority of people with real experience of the criminal and military justice systems support that Motion A1. The Minister is quite right: the service justice system has improved enormously over the past few years, but there is a fundamental respect in which it is different—that is, that there is no trial by jury. Trial by jury is the essence of our system. It gives confidence to the victims, which is critical in the very serious crimes that we are considering, and it is a fundamental right of the defendant. We should not do anything to take those rights away or to undermine confidence; that is the fallacy in the Minister’s argument.
My Lords, I intervene briefly to support the amendments in the name of the noble Lord, Lord Thomas of Gresford, so ably supported by the noble and learned Lord, Lord Morris, the noble Lord, Lord Burnett, and my noble and learned friend. I have nothing usefully to add to what has been said by them in the context of Motion A1. They are huge authorities on this matter, and the House is right therefore to support them again and ask another place to think once more on that question.
I rise to support my noble and gallant friend Lord Craig of Radley on Motion B1, especially having spoken on this matter when we last considered it. He is right that some things cannot be settled at local level—and I say that as someone who has served in local government. Some things need to be settled centrally, and that should be spelled out in the Bill; that is so. He has made a compelling case as to why there should be some further consideration given to the duties that we have towards our armed servicemen and who has to implement those duties, specifically in the case of the Hong Kong ex-servicemen that was given as a very good example during Report and again by my noble and gallant friend.
The Minister has taken a great interest in this matter and knows that it concerns a very small number of people and that it is on a par with how we rightly dealt with the issue of the Gurkhas. We should do the same for these servants of the Crown, not least because of the developments in Hong Kong, where we have seen the destruction of democracy. Who would be more at risk than people who have served in our Armed Forces in Hong Kong?
If the noble Baroness cannot accept the amendment today and if it does not go back to another place, we will quite soon have before us the Nationality and Borders Bill. If she can do nothing else, she has heard what my noble and gallant friend has said about how this has now been referred back to the Home Office, which will have responsibility for that Bill. When the noble Baroness, Lady Goldie, replies for the Government tonight, she will have the opportunity to say to us whether included within the provisions of that Bill will be, as was reported in the media earlier this week, the possibility that this glaring oversight and injustice will be rectified in the course of that legislation. I hope that she will take the opportunity when she comes to reply to say whether that is being seriously considered by the Government and whether she is able to allay some of our concerns, at least on that count.
(3 years ago)
Lords ChamberMy Lords, I support the noble and learned Lord, Lord Mackay of Clashfern, on Amendment 4, and I support his Amendment 17. He has brought to your Lordships’ attention an example of where due regard is necessary from the Secretary of State. When he did so in Committee, I said that I had another one, and I would like to take the opportunity to spell that out, because this cannot be devolved or left to local authorities to be dealt with.
Some servicemen recruited in Hong Kong were full members of Her Majesty’s Armed Forces, having taken the oath of allegiance and paid full UK taxes on their pay. They held British passports; some trained in this country or elsewhere to fit them for their role in Hong Kong; some were involved in jungle-style warfare training in Borneo; one large unit was sent to Cyprus to release further UK armed personnel for Operation Granby, the first Gulf War in 1991. Many in the Royal Navy Hong Kong Squadron served worldwide on Her Majesty’s ships. Now retired, they are still rightly classified as UK veterans and deserve fair treatment under the military covenant. But a few who served in those units that disbanded in 1997 missed out when allocations to retain their British citizenship were made in 1984. Some but not all of these servicemen were indeed allowed to retain their British passports and citizenships. Those that were missed out and overlooked have long been campaigning for a return of this right, which has been replaced by BN(O) status without the benefit of full British citizenship. This injustice occurred when they were still serving.
Their case was first raised in this House in 1986, over 35 years ago. It has been recommended by the Hong Kong LegCo and was strongly supported by Lord MacLehose, drawing on his long and distinguished tour as governor of Hong Kong from 1971 to 1972. The Minister who wound up that debate about Hong Kong replied:
“I hope that your Lordships will recognise that there are some complex issues to be considered here … But, again, I can assure your Lordships that we shall give this the most careful consideration.”—[Official Report, 20/1/1986; col. 102.]
Note that promise of careful consideration. Nothing happened. Nothing further was said or done. Regrettably, repeated assurance of careful, active consideration by the Home Office to this day still produces no decision. Surely these few veterans deserve better—a definitive answer, not just prevarication and stalling behind a misleading false promise of active consideration. How many more years of consideration do the Government require? Are the Home Office hoping that when the veterans are all dead the problem will be forgotten?
Following the enactment of the convenant in 2011, a small association, of which I am privileged to be honorary patron, was formed by some former members of the Hong Kong Military Service Corps to press their case again. I myself have repeatedly raised it in debates and Questions for Written Answer and written to the Prime Minister to support representations by those affected in Hong Kong. I am far from alone. Over the past nine years or more, many Members of both Houses have approached Ministers, Home Secretaries and Prime Ministers on behalf of these veterans, but over the past decade the response has been increasingly incredible and ridiculous—that is, that it is under active consideration.
Over 18 months ago, at their request, I forwarded 64 individual applications from those Military Service Corps veterans to the Home Secretary. None has been answered. There has not even been an acknowledgment from the Home Office. Understandably, the present situation in Hong Kong has strengthened the wish for this matter to be resolved and for those now few remaining individuals to be treated as full citizens. Will this Government at last do the right thing for these veterans?
Surely this is a further extreme example of the reason for a duty of care and due regard to be placed in statute on the Secretary of State. I am sure in future other issues affecting a group of veterans, not just individuals, will arise, which cannot be dealt with at devolved or local authority level. The Royal British Legion and other service charities have provided cogent arguments why it is not right to exclude central government from a statutory duty of due regard for veterans. I endorse that view based on their detailed and dedicated experience helping the veteran community. I strongly support this amendment.
My Lords, I am very pleased to support Amendment 4, in the names of the noble and learned Lord, Lord Mackay of Clashfern, the noble Lord, Lord Coaker, the noble Baroness, Lady Smith of Newnham, and my friend the noble and gallant Lord, Lord Craig of Radley. As the noble and learned Lord, Lord Mackay, told us, his amendment gives us the opportunity to address specific injustices experienced by our ex-servicemen and he is absolutely right in telling us that the lead on this should not be local authorities but national government. That is why not only are we right to hang specific cases on this amendment, but the purpose of the amendment itself is also clear and right.
Over the past decade, my noble and gallant friend and I have knocked on the doors of Ministers and raised questions on behalf of Hong Kong veterans. I know how greatly he is admired and respected by that cohort for his dedication and commitment to their cause. We have also worked with Mr Andrew Rosindell, the Member of Parliament for Romford, who has put great energy into putting right what is a clear injustice. The treatment of Hong Kong ex-servicemen has not been commensurate with the Armed Forces covenant, and the noble and learned Lord and others are seeking to put it right.
I also pay tribute to Roger Ching, the chairperson of the HKOR Benevolent Association, and who says of the treatment of Hong Kong’s ex-servicemen that
“The attitude of successive Governments towards servicemen and women and veterans is appalling.”
In 2014, my noble and gallant friend and I met with the late James Brokenshire when he was a Home Office Minister. He was characteristically courteous, but neither he nor a series of successive Home Secretaries have been able to correct the signal injustice faced by Hong Kong’s ex-servicemen.
It is worth recalling that, from 1857 until 1997, more than 40,000 Hong Kong men lost their lives protecting our interests and the interests of the Crown. In the Great War, 100,000 British-Chinese soldiers served on the Western Front, and by the time of the Armistice the Chinese Labour Corps numbered nearly 96,000 men. In subsequent conflicts, they served alongside British servicemen: in the Second World War, in Korea, in the Malayan anti-communist campaigns and elsewhere, as the noble and gallant Lord has told us. In this month of all months, we should not only honour that contribution but do something practical to show that with memory of past sacrifice comes contemporary engagement with a long-running failure to honour the past.
In July 2006, the United Kingdom granted full British citizenship to all British Gurkha soldiers and their dependants who had served in Hong Kong. It was a generous and good decision. But why has there been such a different treatment for all but a handful of Hong Kong veterans? When Hong Kong was handed back to the Chinese Communist Party in 1997, a points- based system meant that only 159 of the 654 soldiers who applied to live in the United Kingdom were successful.
Campaigners responded to that clear injustice, and one group, 38 Degrees, even set up a petition which gathered more than 117,000 signatures. Yet the response since right of abode was set up in 1997 has failed to bring a settlement, with successive Home Secretaries repeating the mantra of which my noble and gallant friend has reminded us this afternoon: that the applications are “under consideration”. For how much longer are we to be given this unsatisfactory, stalling response?
Last year, Rosie Laydon, a presenter and reporter for Forces TV, was in touch with me. She said:
“British Hong Kong veterans do not feel the current Government offer of visas to those with BNO status offers adequate recognition of their service. They have told me that they believe they should be granted British citizenship unconditionally”—
and I agree. They also told her that, as former members of the British Armed Forces, under Chinese national security laws, now imposed on Hong Kong, they are liable to be charged with spying for the United Kingdom Government.
Here I should declare that I am a patron of Hong Kong Watch, a vice-chair of the All-Party Parliamentary Group on Hong Kong and sanctioned, along with the noble Baroness, Lady Kennedy of The Shaws, by the CCP after taking part, in my case, in an international team monitoring the district council elections in 2019. Since then, we have seen the enactment of the CCP’s draconian national security law, and I should like to hear from the Minister, for whom I have enormous respect, as she knows, what assessment she has made of the implications of loyal service to the Crown for the safety of our ex-servicemen in Hong Kong. We need to see this matter is a question of honour, but we also need to see it as a question of safety and security.
Recently, the noble Lord, Lord Ahmad of Wimbledon, told me in a Parliamentary Answer:
“The National Security Law is being used to systematically stifle rights and freedoms, not protect public security.”
He also wrote:
“The UK is deeply concerned about the situation in Hong Kong and the systematic erosion of rights and freedoms and the high degree of autonomy enshrined in the Sino-British Joint Declaration.”
Perhaps when the Minister replies, she can tell us when the United Kingdom is going to do anything more to hold the People’s Republic of China to account for the destruction of the basic freedoms of Hong Kong.
Meanwhile, I point out to your Lordships’ House that the Times has reported that the Foreign Secretary, Liz Truss, says that the CCP is “committing genocide” in Xinjiang—something that the House will return to on Thursday. In the context of Xinjiang, Tibet and Taiwan, I may add that there have been more than 150 sorties trying to intimidate Taiwan in the course of just five days. In Xinjiang, we have heard the United States Secretary of State, Antony Blinken, say that
“the forcing of men, women and children into concentration camps”—
his words—
“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.”
Is it any wonder, then, that loyal servants of the Crown fear for the consequences of being abandoned in Hong Kong? The CCP has imprisoned lawyers, dissenters, pastors and journalists, such as the young woman, Zhang Zhan, tortured and jailed for four years for shining a light into the origins of the Covid pandemic in Wuhan. On Friday last, concerned for her deteriorating health, the United Nations called for her release.
In this context of arbitrary arrest, imprisonment, torture and re-education—even genocide—who can seriously doubt that Hong Kong’s ex-servicemen, like Afghan interpreters or judges, will be primary targets as “two systems, one country” becomes “one system, one party, one ideology”? Recall that this is the same CCP responsible for the massacres in Tiananmen Square and for the enormities of the Cultural Revolution—and the deaths of 50 million Chinese people.
Through the Armed Forces covenant, we have the opportunity to demonstrate that we will not abandon loyal servants of the Crown, that we do not forget our debt of honour and obligations and that Parliament will go on supporting my noble and gallant friend until this wrong has been put right. It is for those reasons that I strongly support the amendment placed before your Lordships’ House by the noble and learned Lord, Lord Mackay of Clashfern.
My Lords, this was brought home to me when I was presenting Iraq campaign medals to returning soldiers a number of years ago. Since then I have met many who have returned from Afghanistan at official events. It is extraordinary when you hand out the medals and you come to somebody who is quite obviously of Commonwealth origin, and you actually have discrimination standing there in front of you. You have wounded people, if not physically then mentally, who are on parade. You are standing there and giving them a medal, and under your breath you are saying, “This is horrifying. I am totally horrified that you do not have the same or similar rights as the man or lady next door.”
This—our regard and respect for those people—surely comes under the spirit of the covenant. We simply cannot let this lie. It is not a great number of people, compared with the number receiving money put out as a result of Covid or, dare I say it, the number crossing the Channel. This could be killed here and now, in one go, and all those people would be not only happy but that much prouder to be as British as we would like them to be for their service abroad. I support this amendment.
My Lords, we had a good debate earlier when my noble and gallant friend Lord Craig spoke to Amendment 4 tabled by the noble and learned Lord, Lord Mackay of Clashfern. There was a degree of unanimity around the House that this issue needed to be addressed. The Minister was good enough to say that, although she would not reply on Amendment 4 to the issue of Hong Kong ex-servicemen, when we reached this part of our proceedings on Amendment 26 she would be able to give us some reply. I rather hoped that might mean she wanted some space to try to digest some of the points that he and I tried to make earlier.
I particularly reinforce what the noble Baroness, Lady Smith of Newnham, said about the relationship between the MoD and the Home Office on this. If nothing else comes of this evening, will the Minister agree to facilitate a meeting involving perhaps those who have participated in this debate but also her noble friend Lady Williams of Trafford, at which we might try to make some progress on these two questions—one about citizenship and the other about the specific position of the Hong Kong ex-servicemen?
If the Minister has the figures, I wonder if she could share with the House the number of people we are talking about who fall into the category—whether the figures I gave earlier are correct or not. Sometimes it is what you do in small things that matters most, and we are talking about very small numbers of people. It was a point alluded to my noble friend Lord Brookeborough a few moments ago, that when you compare this very small group with the number of people who try to arrive in the United Kingdom—some illegally—it is how we behave towards them that will matter.
This brought me back briefly to debates in another place in 1983, when I spoke on the nationality Act about citizenship and the effects it would have on people in Hong Kong. Sadly, many of the things predicted during that debate have come to pass. The trajectory we all hoped that Hong Kong might be on post 1997 —“one country, two systems”, and an honouring of the difference between Hong Kong and mainland China —has clearly not happened. That has left people in a precarious position, and none more so than those who served the Crown. I reinforce the point I made earlier: these people’s lives are clearly now in danger, and we have a duty to do something about that. It is a point that my noble friend Lord Dannatt made as well.
That is all I wanted to say. I know I had the chance to speak earlier on. I hope the Minister will think about how she can, in a practical way, take these two relatively small questions forward and see if we can get some justice for those involved.
My Lords, I thank the noble Lord, Lord Coaker, for tabling this amendment and the noble Lord, Lord Tunnicliffe, for his remarks in support of it. I am also grateful to those who have contributed to the debate, not least the noble and gallant Lord, Lord Craig of Radley, the noble Baroness, Lady Smith, the noble Viscount, Lord Brookeborough, and the noble Lords, Lord Dannatt and Lord Alton.
I think your Lordships will understand that I am at the Dispatch Box as MoD Minister. I cannot speak on behalf of the FCDO or the Home Office, but let me try and address some of the more technical issues to at least give context to what the amendment seeks to achieve. The first thing I want to say is that the Government highly value the service of all members of our Armed Forces, including: our Commonwealth nationals, our Gurkhas in Nepal, who have a long and distinguished history of service to the UK both here and overseas; and former British Hong Kong service personnel.
Before I address the detail of the proposed new clauses, I would like to say a few words about the process for setting immigration fees. Application fees for immigration and nationality applications have been charged for a number of years. They are charged under powers set out under Section 68 of the Immigration Act 2014. They play a vital role in our country’s ability to run a sustainable borders and immigration system, reducing the burden that falls on taxpayers.
Sitting beneath the Immigration Act are a fees order and fees regulations, all of which are scrutinised by both Houses before they come into effect; there is a democratic prism to all this. This system ensures checks and balances, and it seeks to maintain the coherence of the immigration fees framework as set out in legislation. If we were to remove these fees during the passage of this Bill, as the noble Lord, Lord Coaker, suggests in his amendment, it would undermine the existing legal framework for fees, without proper consideration for either the sustainability of the system or fairness to the UK taxpayer. It would also reduce clarity in the fees structure by creating an alternative mechanism for controlling fees which sits outside the immigration fees regime.
When non-UK service personnel, including Commonwealth citizens and Gurkhas from Nepal, enlist in the regular Armed Forces, they are granted exemption from immigration control status for the duration of their service. That is to allow them to come and go without restriction. They are free from any requirements to make visa applications or pay any fees while they serve, and that is unlike almost every other category of migrant coming to work in the UK. Those who have served at least four years or been medically discharged as a result of service can choose to settle in the UK after their service and pay the relevant fee.
As a number of your Lordships are aware, the time before discharge that such settlement applications can be submitted has been extended this year from 10 to 18 weeks. Those applying for themselves do not have to meet an income requirement, be sponsored by an employer, or meet any requirements regarding their skills, knowledge of the English language or knowledge of life in the UK, again putting them in a favourable position compared with others who seek to settle here. We recognise, however, that settlement fees may place a financial burden on non-UK serving personnel wishing to remain in the UK after their discharge, and we recognise the strength of feeling of parliamentarians, service charities and the public on this issue.
Can we press the Minister further on this point about the link between the MoD and the Home Office? She is of course right, but she has just said that it is a continuing process of consultation. The Home Office has been saying that for year after year, as referred to by my noble and gallant friend in his remarks earlier. When does the Minister think that that will conclude, and will she respond to the point made by the noble Baroness, Lady Smith, and me about the importance of facilitating a meeting between the Home Office, the MoD and noble Lords who are involved and interested in this issue?
I would say to the noble Lord, Lord Alton, that I understand the strength of feelings so ably articulated by him, the noble Lord, Lord Coaker, the noble and gallant Lord, Lord Craig of Radley, the noble Lord, Lord Dannatt, the noble Baroness, Lady Smith, and the noble Viscount, Lord Brookeborough. I understand the strength of feeling expressed in the House in relation to individuals who have served this country. But, as I have explained, there is an existing legal framework in place for immigration fees which already enables proper consideration to be given by government and Parliament to the full range of issues in setting those fees.
The issues raised by this amendment are already subject to a consultation that is entering its final stages. I can tell the noble Lord, Lord Alton, that I have no magic wand that I can wave, and that this is another department’s responsibility. I can also confirm that the specific issues around Hong Kong are also under consideration.
(3 years, 4 months ago)
Lords ChamberWhat we have undertaken to do—I wish to reassure my noble friend about this—is to remain involved in ongoing discussions with the United States and international allies regarding the future of operations in Afghanistan, although we have agreed that the NATO Resolute Support mission will have completely withdrawn within a few months. I shall not comment on operational details beyond that, for security reasons, but I can say to her that intensive diplomatic activity will remain. The embassy in Kabul is very active and we exercise considerable influence.
My Lords, is the Minister confident that the Home Office will co-operate with her ministry in showing the same degree of compassion and flexibility that she has shown in the granting of visas for relocation to the United Kingdom for those interpreters? In view of yesterday’s reports about the dangers to our diplomatic and defence staff at the embassy in Kabul, which she has just referred to, can she reassure us that we are taking urgent steps to ensure their safety, and that of international charity and aid workers? Presumably, there is also a continuing need to support interpreters while we have a presence in Kabul.
We are very conscious of the security implications, particularly for our personnel within Afghanistan, not least within the embassy, and we constantly review that security situation. I wish to reassure the noble Lord that there is a very good relationship between the MoD and the Home Office. Our officials are regularly in touch, and there is regular and robust collaboration between government departments—not just these two departments, but also with the Ministry of Housing, Communities and Local Government.
(3 years, 6 months ago)
Lords ChamberMy Lords, I join others in congratulating the noble Lord, Lord Udny-Lister, on his maiden speech. In declaring various non-financial interests in the register, I too invite the Government to enlarge on the statement in the gracious Speech that they will
“uphold human rights and democracy across the world.”
Dominic Raab, the Foreign Secretary, recently appeared before the International Relations and Defence Select Committee, where I urged him to lead the reform of the United Nations Security Council veto powers, to remove the right of veto where it is used to block the referral of atrocity crimes and genocide to the International Criminal Court—a veto often used by Russia and China.
Last month, the House of Commons resolved that crimes against the 1 million Uighur Muslims enslaved in Xinjiang constitute a genocide, but no action is taken in the Security Council because the Chinese Communist Party—CCP—vetoes, threatens, intimidates or sanctions all those who try to hold it to account.
On North Korea, a 2014 UN commission of inquiry described the country as “without parallel” and called for crimes against humanity to be referred to the Security Council and on to the ICC. Seven years later, the CCP’s veto ensures that this does not happen.
In Burma, under the illegal regime, authors of atrocity crimes against Rohingya, Kachin and other minorities strut with impunity, aided and abetted by their authoritarian friends in Beijing.
Take Tigray, described as “one vast crime scene”, with women and girls—some as young as eight—systematically raped. One woman was told by her violator, “A Tigrayan womb should never give birth”. Nearly 800 Tigrayans were murdered at Axum. Starvation is being used as a weapon of war. Last week, the Guardian reported that hyenas had been eating the corpses. Along with Russia, the CCP has thwarted attempts in the Security Council to hold the perpetrators to account.
Next month, 19 June will mark the United Nations International Day for the Elimination of Sexual Violence in Conflict. On that day, the United Kingdom, with its significant record on the prevention of sexual violence in conflict, should lay a resolution before the Security Council demanding an end to this new genocide and these terrible atrocity crimes in Tigray.
However, this is not just about the Security Council or the veto. In taking control of the human rights agenda, China, Russia, Pakistan and Cuba are now all members of the United Nations Human Rights Council, making the watchdog and the burglar interchangeable. As it subverts international institutions, the CCP uses debt bondage through its $760 billion belt and road initiative, which encompasses some 71 countries, to turn developing nations into vassal states. Last week, it warned such countries not to attend a United Nations meeting that the United Kingdom co-hosted and which highlighted crimes against the Uighurs.
Compliance with CCP diktats requires silence on or support for human rights violations in Xinjiang, Hong Kong and Tibet, as well as support for the CCP’s threats against Taiwan and its use of sanctions—including threats of missile strikes—against Australia after that country called for an independent investigation into the origins of Covid-19. Last week, the CCP hammered another nail into Hong Kong’s place as a global financial centre, based on the rule of law, by freezing £500 million of the assets of Jimmy Lai, a British citizen and, through his independent media, a champion of Article 19 of the Universal Declaration of Human Rights. Similarly, the CCP’s violation of Article 18—on freedom of religion or belief—is evident in the treatment and imprisonment of Muslim Uighurs, Tibetan Buddhists, Christians and Falun Gong. Or take Articles 4 and 23 of the UDHR, which prohibit slavery and protect workers’ rights.
On 15 June, I will introduce a Private Member’s Bill to strengthen the provisions in the Modern Slavery Act on supply chains. The UK must do more to challenge the use of slave labour, but must also be alive to the internal dangers inherent in the CCP’s ownership of £135 billion of UK assets. Happily, although the world has been sleepwalking, we now see some countries awakening. For instance, in response to attempts to silence MEPs by sanctioning them, the European Parliament will vote tomorrow on the freezing of the mammoth investment agreement with China.
In evaluating the threat to human rights posed by the CCP, George Soros has described Xi Jinping as the most dangerous enemy that open societies face. To counter this, we must build stronger alliances with rising Asian nations that share the aspiration of the gracious Speech to promote human rights across the world.