Republic of Belarus (Sanctions) (EU Exit) (Amendment) (No. 2) Regulations 2021

Lord Collins of Highbury Excerpts

Monday 1st November 2021 Grand Committee

My second question relates to an issue that I raised with the noble Lord, Lord Grimstone, when we debated the regulations around dual-use exports and the licences for many of the technologies that are banned under these sanctions. Part of the UK—Northern Ireland—operates the EU licencing scheme, and I asked the noble Lord, Lord Grimstone, for reassurance that we were not inadvertently operating loopholes where there were two different systems: either the UK or the European Union dual-use licensing systems for exports. The Minister reassured me at the time—and I suspect that there will be reassurance now—that there is no loophole because we are working in concert with the European Union, as the Minister said, which is reassuring. However, I believe it is worth asking, because—notwithstanding the protocol—we are now in the realm of always having to ask whether the sanctions regime and the licensing systems for one part of the UK are in concert with the other parts of the UK. If the Minister can reassure me on those two aspects, I shall be grateful.

[Lord Collins of Highbury (Lab)]

My Lords, as the Minister said, the regulations before the Committee maintain the current sanctions on Belarus but extend the measures and amend a series of errors in the previous regulations. I reiterate that these measures, and certainly this SI, have the full support of the Opposition.

As I told the House during a debate in July, the Government’s policy towards Belarus should be to stand with the incredible defiance shown by activists and opposition leaders. I not only hope that these instruments are a signal of that but echo the point made by the noble Lord, Lord Russell, that it is important that our voices in this Parliament are heard by those people in Belarus. It certainly has an impact, and we need to make sure that that is the case.

As the Minister highlighted, the situation in Belarus has deteriorated. It took a sinister turn in May when a Ryanair flight was forcibly diverted to Minsk so that pro-democracy activists could be arrested. Obviously, as is pointed out in the explanatory note to the instrument, human rights in general have deteriorated even further in the country. I was therefore pleased that last week the United Kingdom’s representatives at the United Nations signed a joint statement calling on the Lukashenko regime to end its repressive practices. However, such statements have to be paired with co-ordinated action.

On some specific points in the regulations before the Committee today, as the Minister noted earlier, the purpose of this order is to correct previous errors while adopting additional measures in response to the deteriorating behaviour of Lukashenko and his regime. The financial sanctions under Part 3 are particularly welcome given, as the noble Lord, Lord Russell, reminded us, the extensive reports of dirty money from Belarus in London. What is the Government’s assessment of that, and in particular of the Belarusian Government’s use of the London Stock Exchange for financing purposes?

On Part 5 of the regulations, which relate to Belarusian aircraft, as the Minister highlighted, can he confirm or advise the Committee what support the Government have offered to the Civil Aviation Authority, both to advise and to exercise these new responsibilities? Needless to say, as the noble Lord reminded us, these measures are effective only if implemented jointly and as widely as possible. In those circumstances, can the Minister tell us about what our response is to the ongoing disagreements between some members of the EU on this in particular? What steps are the Government taking to encourage counterparts to apply the sanctions to Belarus in full?

Given the analysis that many international sanctions on potash, Belarus’s main export, affect only a small proportion of potash products, can the Minister advise the Committee whether that assessment is correct and whether these regulations go far enough?

Global sanctions can be one of the most effective tools at our disposal to bring pressure on the regime, and I am glad that many measures are also being implemented by other national Governments but, if the UK is to stand for the people of Belarus, the Government’s policy must extend beyond these measures. We need to ensure that there is ongoing, co-ordinated international pressure at the UN and other multilateral institutions, particularly working with the European Union, to ensure that pressure is put on the Lukashenko regime and we stand by the side of the brave activists and opposition leaders.

[The Earl of Courtown (Con)]

My Lords, I am grateful to all noble Lords who have contributed to today’s insightful and timely discussion, and I should like to address the important questions they have raised. The noble Lords, Lord Collins, Lord Purvis and Lord Russell, all mentioned in their own way how this is affecting the individuals in Belarus—whether in the Opposition or the media—and the whole of civil society, and how important it is that we give whatever help we can. As I said earlier, we have increased our funding in that area to try to improve the situation as much as we can, but as all noble Lords all said, it is a pretty dire situation that we find ourselves in.

I also thank the noble Lord, Lord Russell, for his tales from the ballot box, which were very interesting, and enlightened us, as he gave the Committee his first-hand experience of what happened in the elections. He and the noble Lord, Lord Collins, also mentioned how important it is to have regular discussions with our partners. I can confirm to all noble Lords—the noble Lord, Lord Collins, mentioned the European Union in particular—that we have continuous discussions with the European Union, the United Nations, and our partners in the sanctions, including the US and Canada, and the sanctions are continually kept under review.

The noble Lord, Lord Purvis, started his speech by talking about the death penalty, and he knows quite well the position of this country—this Government and all parties in this country—that we abhor the use of the death penalty in any circumstance. He also mentioned two particular issues relating to immigration and travel bans. The travel ban operates through the Sanctions and Anti-Money Laundering Act and regulations made under it, which allow us to make people excluded persons for the purposes of the Immigration Act. I hope that clarifies the point for him. He also considered the timeline of the orders. They did not overlap as such; one order revoked the other.

The noble Lord, Lord Purvis, also mentioned dual-use goods and Northern Ireland. I have some lines on that, but if there is anything more that can be contributed, I will write to him. The regulations apply across the whole of the United Kingdom, including Northern Ireland—but I will check that there is nothing more we need to add to that.

The noble Lord, Lord Collins, asked about the London Stock Exchange. The new regulations prohibit dealing with bonds issued by the Republic of Belarus after the sanctions came into force where they have a maturity exceeding 90 days. This includes a prohibition on assisting in issuing such a bond.

The noble Lord, Lord Collins of Highbury, mentioned potash imports from Belarus. He asked why the UK has only partially banned potash imports and why all potash tariff codes are not included. These measures are carefully targeted to build pressure on Lukashenko, state institutions and those around him, while minimising—this is the important thing—any unintended consequences on the wider population in Belarus and the UK economy. He also mentioned support for the CAA. The Department for Transport work closely with the CAA on sanctions implications—so there are ongoing discussions with the CAA when sanctions are imposed. If I have not answered all the questions, I will of course read Hansard and reply to any I have missed.

As I set out in my opening speech, the regulations give us the power to impose sectoral sanctions with real impact, which is magnified in co-ordination with our international partners. They ensure that we can target the sectors of the Belarusian economy and the key figures in the Belarusian regime that generate funds for the regime. This includes those who provide support for, or obtain an economic benefit from, the Government of Belarus who have not been designated previously. They demonstrate that the UK will not stand by in the face of the regime’s unacceptable behaviour; that we are ready and willing to act as part of a network of liberty and will stand with those who believe in democracy. I beg to move that the Committee has considered the regulations.