Conflict Minerals (Compliance) (Northern Ireland) (EU Exit) Regulations 2020

Lord Collins of Highbury Excerpts

Wednesday 2nd December 2020 Grand Committee

[Lord Collins of Highbury (Lab)]

My Lords, I echo many of the comments that have already been made in this short debate. I, too, welcome the regulations and their need to address some important issues. When one looks at the title of the SI, it seems rather dry, but think about its impact. If, when people used their mobile phones, they realised the impact they have on certain conflict-afflicted countries, they may think twice about the need for such regulations.

I will pick up on a couple of points. The Minister mentioned defects and the report of the Joint Committee on Statutory Instruments in relation to Regulation 8. The department has acknowledged this defect and said—the Minister repeated this—that it will

“bring forward amending legislation as soon as possible and that … the Secretary of State will not exercise the power to require production of information under regulation 8”.

What does “as soon as possible” mean? What is the timeframe for that? The noble Baroness, Lady Northover, made the point that this is a time-constrained issue. These regulations should be in force once the transition period ends, so can the noble Lord give us a clear assurance that we will not be in breach of the protocol and that these regulations will be properly enforced, as required by that? I would like that reassurance.

The other thing that was mentioned—the noble Lord, Lord Bradshaw, in particular focused on this—was the question of who is responsible for the people required to enforce. The powers are designated to the Secretary of State rather than to the devolved Administration. Can the Minister confirm whether it is in line with precedent that such issues are reserved competencies and not ordinarily devolved to the Northern Ireland Administration?

The other point raised was on what we are doing. The Minister referred to the fact that parts of the requirement, the guidance and the statutory decision of the EU have applied in the rest of the UK. However, what are we doing to ensure that the spirit and letter of this requirement covers all parts of the United Kingdom? I am sure that all parties across the House would support this, because we know how important it is in terms of addressing conflict, which is often financed by the extraction of these minerals or caused by people wanting to extract them. It is therefore important that we get a clear indication that this policy will not be confined simply to the requirements of implementing the protocol.

My final point—I think that the Minister mentioned this—is that as an independent department DfID was a world leader in many of the developmental projects central to conflict minerals, including through support of the World Bank’s mineral sector reform programme, PROMINES. Can the Minister detail whether UK aid is today supporting similar programmes and whether any will be cut in the coming year? As we mentioned earlier in the House today, not many people realise how important ODA is for securing a safer and more secure world.

According to Global Witness, $3 billion in high-risk gold, including conflict gold from east and central Africa, flows to Dubai annually. Can the Minister confirm whether the UK is making any representations to other Governments regarding responsible importing of conflict materials, in particular those we are seeking agreements with on trade?