Global Anti-Corruption Sanctions Regulations 2021

Lord Collins of Highbury Excerpts

Wednesday 26th May 2021 Lords Chamber

[Lord Collins of Highbury (Lab)]

My Lords, I too join other noble Lords in welcoming these regulations. During the passage of the 2018 Bill we argued very strongly for these measures. Sadly, we got defeated in this House on Magnitsky sanctions, which we had pushed to a vote. Fortunately, colleagues down the other end, in a bit of a reversal of roles, stood firm and pushed for and agreed these sanctions. This was no doubt due in part not only to my friends down there but to the fact that it was done on a cross-party basis, and I certainly acknowledge that these regulations have full support across this House.

The Minister referred to the 22 persons who were initially mentioned in these sanctions. During the passage of the Bill and the subsequent Brexit regulations, my noble friend Lord Hain pushed hard for sanctions on the Gupta brothers in South Africa. He made numerous speeches—perhaps even against the rules of the House —on that subject. But at least he has now been rewarded with these sanctions, which is very welcome.

The noble Baroness, Lady Smith, raised the point that these regulations also revoke the Misappropriation (Sanctions) (EU Exit) Regulations 2020. Those Brexit regulations included sanctions in relation to Tunisia, Egypt and Ukraine. The Minister himself mentioned that working with others is vital: can he confirm that the Government will work closely with our allies in the European Union on future sanctions, to ensure that our targets are absolutely covered and that the sanctions are effective?

I know that the Minister will not be drawn on future designations but, during questions in this House on the Oral Statement announcing these sanctions, I encouraged the Government to work closely with Parliament on future designations and to be open to suggestions from Members of both Houses. In his response at the time, the Minister told me that they were

“open to receiving information and evidence in relation to future designations”.—[Official Report, 27/4/21; col. 2200.]

Do the Government intend to open a formal channel for Parliament to put forward information, and how will they encourage NGOs and others involved in the fight against corruption to put forward information?

During the passage of the original Bill, we also put forward amendments on the need for greater transparency on designations. It is not actually that easy to find out who is subject to sanctions; certainly there is an annual report. When I met NGOs a week ago, they were very keen to ensure greater transparency and reporting to Parliament on whom we designate and how the designations will continue. So I hope that the Minister will respond on that.

That the regulations allow designations in relation to corruption is, of course, extremely welcome, but the Government’s sanctions regime is still not as expansive as those of some of our closest allies. Unlike the US Magnitsky powers, our equivalent regime still allows only the sanctioning of officials involved in some—not all—human rights violations. Is the Minister able to confirm whether the Government intend to bring forward further legislation on these powers?

As I said earlier, and as my noble friends Lord Anderson and Lord Rooker highlighted, for sanctions to be effective we must—as the Minister said —work in co-operation with others. Unfortunately, not all of our closest allies have provisions for Magnitsky-style sanctions. Here I join with others in congratulating Bill Browder on his commitment and hard work in achieving so much progress on the implementation of these sanctions. Like my noble friends, I would like the Minister to update us on how the Government are encouraging other nations to introduce such a regime.

I will make one final point. The fight against corruption has to go beyond sanctions. Sanctions are not the only tool. Good governance, the involvement of civil society and how we support civil society in the fight are vital. One element of course is the United Nations Convention against Corruption, which came into force in 2005. Despite being ratified by almost every member state, most Governments are still not yet participating in the implementation review mechanism. So what steps are the Government taking to promote the convention and encourage all UN member states to support its implementation?