Sanctions and Anti-Money Laundering Bill [HL]

Lord Collins of Highbury Excerpts

Committee: 2nd sitting (Hansard): House of Lords
Wednesday 29th November 2017 Lords Chamber

[The Minister of State, Foreign and Commonwealth Office (Lord Ahmad of Wimbledon) (Con)]

My Lords, I thank the noble Lord for tabling this amendment. The noble Baroness, Lady Northover, talked about the Joint Ministerial Council; as a Minister for the Overseas Territories, today has been one of those days when I find myself shuttling between the Joint Ministerial Council and your Lordships’ House. I can confirm to the noble Baroness that this issue—and other elements that relate to the departure of the UK from the European Union—is very much on the agenda of our discussions with the overseas territories. Indeed, as we speak, my honourable friend Minister Walker is hosting a session with them on the implications of the United Kingdom leaving the European Union. The noble Baroness raised issues on guidance and I will certainly take back the issue of where we can clarify certain elements.

I will pick up on a couple of points so I can clear them at the start. In his intervention, my noble friend Lord Faulks—

[Lord Collins of Highbury (Lab)]

As a matter of information, it is our amendment.

[Lord Ahmad of Wimbledon]

I am fully cognisant of that. I meant no discourtesy to noble Lords on the Opposition Front Bench; I thought it appropriate to give the context of what I was going to say. The clarification that my noble friend provided from the outset is exactly why the particular clauses have been framed as such.

I will now take up what the noble Lord, Lord Collins, has just pointed out. The amendment is in the names of the noble Lords on the Opposition Front Bench. I thank them, as I did at the start. I believe that I came to the noble Lord, Lord Lennie, first—we will have to check Hansard on that—to thank him for tabling the amendment.

Clause 17 sets out which persons can be bound by sanctions regulations, in the UK and elsewhere. It also confirms that prohibitions or requirements can be imposed on any conduct in the UK, including UK territorial waters, or on any UK person anywhere in the world. This clause is consistent with the way the UK currently implements sanctions as part of the European Union. If noble Lords are interested, further detail is provided in the White Paper we published in April.

Clause 17 also allows for Her Majesty, by an Order in Council, to extend the effect of sanctions to bodies incorporated or constituted under the law of any of the Channel Islands, the Isle of Man and any of the British Overseas Territories. This amendment would remove the ability of Her Majesty to make an Order in Council in respect of corporate bodies registered in the overseas territories and Crown dependencies. Instead, it would require that, when UK Ministers legislate to create sanctions in regulations, these bodies would automatically be caught.

When introducing this particular amendment, the noble Lord referred to the overseas territories in a very generic way. I have had the good fortune of visiting one or two of them—somewhat tragically in the aftermath of the hurricanes that hit—and generalising all our overseas territories in a particular way is not something I would subscribe to. They provide some incredible potential. For example, I am not sure how many Ministers partake of lobster, but apparently Tristan da Cunha has the best lobster in the world. On a more practical note, we have done some incredible work with them on marine protection and building sustainable economies.

I make that point because it is important to recognise the role that our overseas territories play. However, I agree with the point the noble Lord raised that the overseas territories and Crown dependencies must follow the UK Government’s foreign policy, including the sanctions we apply, and that bodies incorporated or constituted in these jurisdictions must also be bound by sanctions. The Foreign Office—to confirm what I said at the start to the noble Baroness, Lady Northover—has discussed the Bill with the overseas territories and Crown dependencies, and they also accept this point of principle.

However, there are constitutional considerations that affect the way sanctions are implemented by the overseas territories and Crown dependencies. As my noble friend Lord Faulks pointed out, at the moment all Crown dependencies—Jersey, Guernsey and the Isle of Man—legislate on their own behalf, as do Gibraltar and Bermuda. We anticipate that these jurisdictions will seek to continue to do so—save, possibly, for a transitional period. We legislate for some of these jurisdictions directly through Orders in Council. However, as I have said, other jurisdictions legislate for themselves.

The Bill is drafted in a way that reflects this reality. It is consistent with the current implementation model for UN and EU sanctions, as well as measures under the Terrorist Asset-Freezing etc. Act 2010. To change this model would depart from current practice and we do not see a compelling case for this. With that explanation—and the assurance I have given to the noble Baroness on the valid point she raised about the Law Society, which I will certainly look at again—I hope that the noble Lord will be minded to withdraw this amendment.

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[Baroness Northover]

This seems an eminently reasonable amendment. It almost seems unambitious in its scope—it invites Ministers to answer questions along the lines of “as soon as possible” and “shortly”—but noble Lords are surely right to seek to put something of a common-sense timetable on this, and we support them. The Bill proposes to give such wide and untrammelled powers to Ministers that any moves to qualify them should be welcomed.

[Lord Collins of Highbury]

As the noble Lord said, I have added my name to this amendment, and I have done so for a very good reason, which is that it is about an important matter of procedural fairness and should be included in the Bill. It is not unreasonable to say that there should be a judgment about the actions of a Minister in terms of timeframes. As we have understood in this House on many occasions, the summer can often be extended into the autumn without the blink of an eyelid.

[Lord Judge (CB)]

Without this amendment, we are leaving a recipe for lethargy, which is inappropriate. We need it so that the court will get hold of the complaint, if one is needed, as soon as practicable.

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Moved by

[Lord Collins of Highbury]

58: Clause 26, page 19, line 10, at end insert—
“( ) No later than six months from the date of completion of a review under subsection (1), the appropriate Minister must lay the findings of the review before Parliament.”

[Lord Collins of Highbury]

My Lords, when we had discussions with the Minister prior to Second Reading and just after, the review of the regulations cropped up on a few occasions, the justification being that some of these new powers and regulations would not be subject to primary legislation. In those discussions, I asked, if you are reviewing in government, who tests and scrutinises that review? This is the first Brexit Bill and we have heard on many occasions that Brexit is an opportunity, or an obligation, to bring powers back to the United Kingdom. If that is the case—I do not necessarily agree—and the Minister supports it, this is an opportunity for him to support the principles of these amendments, which are about ensuring that powers taken by the Executive are subject to proper scrutiny, and that the Executive are held to account by Parliament.

Amendment 59 sets out the details and asks: how do we do that job? What are we measuring? But if there are issues and the Minister says, “I cannot have this list because there are things in it that may be subject to national security, or other things that cannot be disclosed”—the Government seem to have a habit of not disclosing information to Parliament on matters relating to Brexit—I would be more than willing to consider those concerns and take them into account. Obviously, if there are issues with the list then the minimum standard that I am arguing for is Amendment 58. I do not think it unreasonable that if the Government are taking these powers, we should be able to hold them to account in any possible review. I know the Minister will say that regulations are subject to consideration by Parliament, et cetera, et cetera, but that is not the scrutiny we want to see here. I hope that if the noble Lord is able to continue in his giving mood, he can give us some positive words about how Parliament will be able to hold the Executive to account.

[Baroness Northover]

My Lords, these amendments in the name of the noble Lord, Lord Collins, helpfully make much clearer the commitments that Ministers must make to review the regulations they have put in place, giving a time by which this must happen and more detail on what they should include. They would, indeed, as the noble Lord has indicated, make these reviews more transparent and accountable and we are happy to support them.

[Lord Ahmad of Wimbledon]

My Lords, they say that generosity defines the spirit of a person, so perhaps I can be slightly more generous than noble Lords may perceive. The noble Lord, Lord Collins, is quite correct: we have talked about this issue, and sanctions, we all accept, can be an effective tool of foreign policy and national security, but I also accept that they can have serious implications, not only for those directly designated but also for businesses and charities operating in particular areas.

Foreign policy priorities can change frequently. It is therefore important that Ministers regularly revisit the decision to apply sanctions regimes to political problems and security challenges, and also consider carefully whether the sanctions are having the intended purpose, whether there are unintended consequences and what adjustments might be needed to achieve the desired effect.

Clause 26 therefore requires the Government to carry out a political review of its sanctions every year. The EU also carries out annual reviews of its sanctions regimes. The purpose here is to consider whether the sanctions should continue unchanged or be amended. If there is a published outcome, it is simply confirmation that the legal Acts have been renewed or amended. We have in mind a similar model for the UK; the annual review would be mainly an internal policy exercise, rather than a report for external publication. If the Government decided as a result to amend the sanctions regulations, this would involve a process of parliamentary scrutiny through which we would set out the rationale. Of course, the Government would always respond to Parliamentary Questions about specific areas of policy through the usual channels.

That said, I have listened very carefully to the noble Lord, Lord Collins, and we are looking at the amendment specifically. I will reflect on the proposal in that regard. He made the helpful suggestion that, between Committee and Report, we meet again to work out some of the perhaps necessary parameters. I know he appreciates national security issues and other such issues. I hope, with the assurance that we will reflect on his proposal, the noble Lord is minded to withdraw his amendment.

[Lord Collins of Highbury]

I thank the Minister. I am going to take that as his continued giving mood and I certainly would welcome a meeting. If you are going to have a political review, I do not see how it can be limited to the Executive; Parliament needs to be involved. I therefore welcome his comments and, in light of them, beg leave to withdraw the amendment.

Amendment 58 withdrawn.

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Moved by

[Lord Collins of Highbury]

63: Clause 35, page 26, line 16, at end insert “but any such period may not exceed 12 months”

[Lord Collins of Highbury]

My Lords, this group of amendments is focused on a subject matter that we repeatedly return to: namely, parliamentary accountability and scrutiny of the actions of the Executive. I want to focus primarily on how we enable Parliament to do the job of scrutiny. Amendments 65 and 68, in particular, are designed to ensure that there is relevant information in relation to actions to revoke or introduce regulations. I know that the Minister will say that because regulations will be placed before Parliament there will be a scrutiny function there—but I think more than that is needed. We say that an affirmative decision is required, and also that the reasons should be clearly stated and set out in a written memorandum by the appropriate Minister. So the theme that we are returning to, and focusing on, is enabling Parliament to scrutinise, and giving it the tools to do that job.

There is a power under Clause 35 for an appropriate Minister to suspend regulations “for a specified period” —no period being specified, of course, because that is subject to regulations. I keep coming back to the fact that, in the exercise of powers, it is important to put certain principles on the face of the Bill. We would insert a requirement for the time period to be put in. We must understand that the power of the Executive to suspend regulations or other sanctions has the potential to cause compliance uncertainty for business. There could be uncertainty about when and on what terms a sanction may be reimposed, or whether it could be revoked entirely.

The purpose of the amendment is to create more certainty for all those involved, and by doing so to introduce more effective compliance with sanctions. Considering the aims of those sanctions, that is very important. The persons or entities that are subject to suspended sanctions may still be affected by reputational stigma. It is important, in terms of procedural fairness, that these issues should be properly addressed.

The group is focused primarily on parliamentary scrutiny and enabling Parliament to do that job effectively, and I have also put my name to Amendment 72, to Clause 44. I look forward to the contribution from the noble Lord, Lord Pannick, on that. In my opinion that clause gives the Executive an overwhelming power, which the Minister will have to give very good reasons for retaining. I beg to move.

[Lord Pannick]

My Lords, the noble Lord, Lord Collins, mentioned Amendment 72, which is in my name and his, and in those of the noble and learned Lord, Lord Judge, and the noble Baroness, Lady Northover. It concerns Clause 44(2), which is a very broad Henry VIII clause. As the noble and learned Lord, Lord Judge, repeatedly argued during earlier debates in this Committee and elsewhere, we should not be giving Ministers powers to amend primary legislation without very strong justification. Clause 44(2) would allow Ministers to take action,

“amending, repealing or revoking enactments”,

including primary legislation,

“(whenever passed or made)”.

It contains no limitations on those powers. For my part, I cannot see any justification for including such extensive powers in the Bill. I strongly suspect that such a provision is included simply because it may turn out to be useful at some time in the future. We in this House are seeing too regularly provisions of this sort and we ought to take a stand against the conferral of such sovereignty on Ministers.

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[Lord Ahmad of Wimbledon]

To pick up on that final point, of course we will. I confirm that I used “necessary”. As regards the intervention from the noble Baroness, perhaps I did not quite follow her whole argument—various rules were in play—but I got the general principle that she was in support of the powers that are being conferred. As I said right at the beginning, laying it out in quite a lot of detail, I totally accept the point about the Henry VIII powers—the use of secondary legislation rather than primary legislation—which we have debated several times. Certainly, from our perspective as the Government—that is true not only of ourselves but of previous Governments as well—there is a point in principle that we try to strike a balance. Therefore I am listening carefully. On the specific point that the noble Lord made at the end, I will take that back and see how it can be adapted.

I am in reflective mode, as several noble Lords have noted during some of the earlier debates in Committee. However, on this group of amendments, I hope that after the explanation I have given the noble Lord will be minded to withdraw his amendment.

[Lord Collins of Highbury]

I agree with many noble Lords who have decided to come back to the Minister before he sat down. His response has been disappointing. These are clearly issues of principle that we will return to. I find it amazing that often, when the Minister gives examples of how difficult it would be to do X or Y, they do not appear that difficult. You can give a reason why sanctions need to be revoked. At the end of the day, whatever Crown powers or executive powers there are, the political reality is that these figures work when there is consent—when people buy into them. We are attempting to ensure that the Executive do not act with untrammelled powers and that they have to account for their actions and explain them. If Parliament then gives its support and consent, those actions and powers become more effective. That is what this debate is about today. We will certainly return to this issue on Report, but in the light of the comments the Minister made to the noble Lord, Lord Pannick, I beg leave to withdraw the amendment.

Amendment 63 withdrawn.

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Moved by

[Lord Collins of Highbury]

66: Clause 38, page 27, line 4, at end insert—
“( ) Regulations under section 1, which are made by virtue of this section for the purposes of revoking or substantially reducing the effects of sanctions regulations, must be accompanied by the publication of a written memorandum by the appropriate Minister, and such a memorandum must set out— (a) how the decision to amend or revoke the regulations in question is consistent with the overall foreign policy objectives of the UK government, including any specific regional objectives where appropriate;(b) the extent to which each initial objective of the regulations in question has been met, including any specific demands or expectations of any change in the behaviour of the target or targets of the sanctions; and(c) specific provisions for the reinstatement of the initial regulations, in the event that the conditions justifying their revocation or amendment no longer apply.”

[Lord Collins of Highbury]

My Lords, with this amendment I return to the principle of “tools for the job” and how we enable Parliament to scrutinise effectively. In the previous group, the Minister spoke quite effectively about the reasons for certain sanctions being introduced and how they sometimes underpin and support much broader foreign policy objectives, and he quoted the Iran situation. I did not think that he found that particularly difficult to do. We know that when sanctions are introduced—I come back to this point—we need political support and commitment for them to be effective. Without proper support, they will not be.

That is why it is important that, when the powers and regulations are introduced, we specify how the sanctions fit into the broader foreign policy objectives and why they are there. I fear that sometimes people jump on the sanctions bandwagon because they cannot think of any other action to achieve particular foreign policy objectives. For example, the struggle for human rights is difficult, and different leverages can be used. I do not necessarily think that sanctions are the first port of call, and I accept that they can be part of a suite of actions.

However, when we introduce sanctions, it is important and incumbent on the Government to set out clearly why they are there and how they fit into their overall foreign policy objectives. Furthermore, when will the sanctions be brought to an end and when will we judge them to have been successful? I have heard in this House on a number of occasions that sanctions have been “successful”. That is measured by whether we have stopped certain trade and a certain activity, not by whether they have achieved the foreign policy objectives set for introducing them, and that is what this amendment seeks to do. Once again, I hope that the Minister is in his listening and giving mode. I beg to move.

[Baroness Northover]

My Lords, once again the noble Lord, Lord Collins, seeks to assist the Government by ensuring that some of the wide-ranging powers sought by Ministers have a little sunlight shone upon them. We support what the noble Lord has said about making the Minister’s actions more transparent and accountable, but we worry—the noble Lord, Lord Collins, has in some ways made reference to this—about the broad categorisation of foreign policy objectives in defining when sanctions are appropriate.

We discussed this issue on the first day of Committee and, although I realise that the noble Lord has carried over the aims as stated in the Bill, we feel that “foreign policy objectives” is too wide a concept. Clearly, if our foreign policy objective were, say, trade with India and we decided, for some reason, to put sanctions on Pakistan and, as described in the Bill, all those associated with that country—as, again, we debated on our first day in Committee—a large number of law-abiding citizens could potentially be caught up in that. That may be regarded as far-fetched, but we always have to look for unintended consequences, given that unexpected things happen in politics.

As we have said before, it is all very well the Minister potentially quoting the Human Rights Act or the European convention, given that some members of his party have spoken of repealing the first and withdrawing from the second. It is therefore important that we ensure that legislation is watertight. With that caveat, I commend the noble Lord, Lord Collins, for trying to assist us in making Ministers under this Bill more transparent and accountable.

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[Lord Ahmad of Wimbledon]

My Lords, I thank the noble Lord, Lord Collins, for tabling this amendment. I agree that sanctions are not the first port of call, a point I have made in previous debates in Committee. The amendment specifically deals with the decision to lift sanctions, and it merits close scrutiny based on a careful assessment of whether the sanctions have achieved their political objectives, as the noble Lord said.

The amendment seeks to oblige the Government to issue a written memorandum alongside any regulation revoking sanctions which would set out the rationale in terms of the original purposes of the sanctions as outlined in Clause 1. While I agree with the important principle of parliamentary scrutiny, I believe that the Bill as drafted provides an appropriate level of scrutiny.

Let me elaborate, if I may. In the case of UN sanctions, revocation would be an automatic response to a decision of the UN Security Council. We can assume that the reasons for the lifting of sanctions would be clearly understood, making a report unnecessary. In the case of UK autonomous sanctions, the regulations could only be revoked using the made-affirmative procedure. The Government would also need to explain the rationale for lifting sanctions and would do this when presenting the said regulations. The explanations provided by the Government would cover the areas proposed in the amendment. However, the Government would need to be careful about putting the full details of the UK’s strategy in the public domain. I know the noble Lord appreciates that point.

This means that, although we support the principle of transparency, obliging the Government to issue a full written memorandum, as proposed by the noble Lord, would be inappropriate. With that explanation, I hope the noble Lord is minded to withdraw his amendment.

[Lord Collins of Highbury]

I am not sure whether that is a cup half-full or half-empty sort of response. However, I shall take it away and consider it. I beg leave to withdraw the amendment.

Amendment 66 withdrawn.

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[Lord Hope of Craighead (CB)]

My Lords, I do not want to take anything away from the force of the points just made by the various speakers who object to the clause more fundamentally, but I want to pick up the point the noble Lord, Lord Pannick, described as minor: the wording of the clause. If the Government are minded to keep it, I suggest they might like to look at it again. Subsection (1) is very general, and the opening words of subsection (2) state that what follows is:

“Without prejudice to the generality of subsection (1)”.


The bit at the end in brackets, one assumes, does not qualify subsection (1). Is it in the right place? Is the proclamation that what follows is:

“Without prejudice to the generality of subsection (1)”,


really apposite if you are trying to restrict the scope of the powers as you seek to do in subsection (2)? It is a very interesting interaction of subsections but I suggest that it needs a little more care if the clause is to remain—I say nothing more in support of the point that the clause should not stand part of the Bill.

[Lord Collins of Highbury]

My Lords, I think this is one area where the Minister will have to be in his giving mood, because there is very strong opinion on it across the Committee. What the noble Lord, Lord Faulks, said is absolutely correct: it is a “just in case” clause. What if this happens? What if that happens? If things happen, there is a process and a procedure and the noble Lord, Lord Pannick, said it quite explicitly: bring in laws to deal with it; bring in a Bill that addresses those specific concerns. If it is an urgent situation that we had not thought of, there are processes and procedures we can adopt.

As my noble and learned friend said, there is an opportunity here for what he calls “pesky lawyers”. I am always cautious—whenever I dealt with lawyers in my life I always took the precaution never to ask a question I did not know the answer to. That is the situation here. Because you cannot think of the circumstances, but there may be circumstances, you say, “Let us put it in the Bill”. I am sorry, that is not acceptable. There is a consensus across the board on this and it is even a clause on which, as the noble Baroness, Lady Northover, said, the Constitution Committee and the Delegated Powers Committee are as one, as they are not on other clauses. So I fear this is one issue about which the Minister will have to think again.

[Lord Ahmad of Wimbledon]

My Lords, I thank all noble Lords for their contributions on this clause. I am hearing the message loud and clear, but in doing so I need to pick up on a few points as to the motive and the intent behind the clause. I appreciate the clarification by the noble and learned Lord, Lord Falconer, of the Government’s motives. I will not comment on his description of lawyers; it would be entirely inappropriate for me to do so. However, he makes a valid point about the explanation and it is appropriate to explain the Government’s intention behind the clause.

The clause will allow the UK to make amendments to the Bill, as noble Lords have mentioned, to allow for the imposition of new and unforeseen sanction measures, a point well made by my noble friend Lord Faulks. The power is confined to new types of sanctions and cannot be used to alter the purposes for which sanctions can be imposed. I should explain what I mean by new types of sanctions. Common types of sanction include asset freezes, travel bans, arms embargos and prohibitions on aviation and maritime transport. These are included in the Bill. However, the international community sometimes finds it necessary to develop and deploy new types of sanctions. Indeed, a recent example is the UN sanctions imposed in respect of North Korea. That resolution requires that UN member states do not grant work permits to North Koreans save where the UN agrees, in advance, on a case-by-case basis. Prior to the UN’s putting in place that sanction, such a sanction did not exist. There may be times in the future when a currently unforeseen type of sanction would again be appropriate.

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[Lord Ahmad of Wimbledon]

As I said, there are already, as the noble and learned Lord will acknowledge, various issues. We will do this in good order. Perhaps I may take this matter back—because various departments are working on this—and clarify appropriately. I will write to noble Lords on the specific date by the end of the week, which will then provide the detail. I fully acknowledge what the noble and learned Lord said about the importance of allowing effective scrutiny before Report. I say to the noble Lord, Lord Pannick—I am sorry, I meant the noble Lord, Lord Paddick; the noble Lord, Lord Pannick, has left but he clearly left an impression on me—that I look forward to working with him once the draft instrument has been circulated. For good order—I look over to the Box and my private office—once the draft has been published, we will seek to circulate it and lay a copy in the Library, as appropriate.

[Lord Collins of Highbury]

I, too, welcome the noble Lord’s statement that Report will not be until mid-January.

[Lord Ahmad of Wimbledon]

I think that I am being corrected by my rather forceful Whip on my left. I am sure that this matter will be clarified through the usual channels.

Sanctions and Anti-Money Laundering Bill [HL]

Lord Collins of Highbury Excerpts

Committee: 1st sitting (Hansard): House of Lords
Tuesday 21st November 2017 Lords Chamber

[Lord Faulks]

My Lords, I regard this amendment with considerable interest and look forward to hearing what the Minister says about it. The noble Baroness, Lady Northover, said that one of the reasons for inserting the words,

“the prevention of acts breaching human rights”,

was because the Government might in due course consider repealing the Human Rights Act or even departing from the convention. The Minister may confirm that it has always been the Government’s policy to protect human rights through a huge number of treaty obligations, whatever might be the position vis-à-vis the European convention. I am a little concerned that these amendments appear to constrain foreign policy objectives, which necessarily have to vary from time to time according to the particular objective that is sought. For the most part, they will comprehend and include the matters included in the amendment but it would be unwise to constrain foreign policy through these sorts of amendments.

[Lord Collins of Highbury (Lab)]

I did not want to tempt myself to get up too soon. I appreciate what the noble Lord has just said but I was struck by what the noble and learned Lord, Lord Judge, said—namely, that when using these powers the Government should proceed only with the fullest scrutiny. The amendments in this group, particularly those in my name and that of my noble friend, are designed not to limit the Government’s powers but to ensure that we scrutinise the Government’s actions. We want clarity on our commitment to humanitarian law and that we are implementing the international treaties to which we are signed up.

I am sure that the Minister will again ask whether these amendments are necessary, as he did on the first group of amendments. It could be argued that they are not. However, I argue that it is important that we state our beliefs in fundamental values, particularly human rights, democracy, the rule of law and good governance. A number of our allies and friends do not comply with those principles and we should be seen to be doing so. That is why we have tabled these amendments. We do not seek to limit but rather to empower Parliament and others to be able properly to scrutinise the powers that are used and measure them against the principles set out.

Amendment 7 asserts that when these powers are used the appropriate Minister must set out how sanctions are consistent with the UK’s objectives. Again, this is to enable effective scrutiny. The problem with executive powers is that often Governments simply assert them; they do not allow for proper scrutiny to measure their actions against the principles we set out. I hope that the Minister will put up a cogent argument. If he simply says, as the noble Lord did, that these amendments might be restrictive and are not necessary, I ask him to look carefully at Amendment 7 and ask what mechanisms can help improve scrutiny of the exercise of these powers and how we ensure that we can scrutinise them.

We heard in the previous debate that everything is going to be hunky dory because the House of Commons and the House of Lords will have a vote on statutory instruments, but we know that is a case of take it or leave it. As the noble and learned Lord, Lord Judge, said, you can agree with 90% of something but how do you measure the other 10%? I want the reasoning to be set out more fully, not just in terms of having a vote on statutory instruments. I hope noble Lords will understand that we do not seek to include these words simply to make us feel better and that we are not doing so unnecessarily. We seek to include them to aid proper scrutiny of the powers exercised by the Executive.

[Lord Judd (Lab)]

Before my noble friend sits down, does he agree that one of the reasons that British standing in the world is diminishing is that there is the growing feeling that we use all the right words about human rights and the rule of law but are pretty slow to add muscle to ensure that something is done? I believe the time has come when our credibility rests on making sure that we not only make the right statements in principle but have the arrangements in place for proper scrutiny and ensuring that action is taken.

I pick up the liberal position. Speaking as a former defence Minister, overseas development Minister and Foreign Office Minister, I have in my more senior years come to the firm conclusion that sooner or later we have to change our ruling culture on the export of arms. Arms have become lethal, highly dangerous and destabilising. As you get older, you can become a bit more irresponsible in the best sense in terms of holding inconvenient beliefs. I believe that the only people to whom you should export arms are those with whom you are in a close, specified alliance—NATO, for example —or where there is an identifiable, specific reason for doing so to increase stability in a particular place. Anything else is a liability, given all the problems with end-use. I do not doubt the current Minister’s commitment to human rights but we need to be able to demonstrate that this is not just a case of wishful thinking but an issue about which we are serious.

[Lord Collins of Highbury]

I thank my noble friend for his intervention and wholeheartedly agree that actions speak louder than words. However, at this stage, we are discussing how we can ensure the effective scrutiny of these powers. What are we measuring them against? That is important. Earlier, noble Lords said that we could not just rely on the words used. We all admire the Minister’s good intentions but this issue concerns the future. I place on record that the next Labour Government will put human rights centre stage in all their actions. We will certainly take up my noble friend’s point but that is not what we debating. I do not want to make an election manifesto call just yet but I want the Minister to consider the mechanisms that can be included in the Bill to enable us properly to measure the use of executive power.

[Lord Ahmad of Wimbledon]

My Lords, in response to the noble Lord, Lord Collins, I was allowing for any noble Lords to speak, but of course we will continue to debate these issues. To pick up on the point made by the noble Lord, Lord Judd, to whom I listened carefully, it is fair to say that sometimes we can be critical within the Chamber, whoever is in power or in opposition. One thing I have seen in my short time as a Foreign Office Minister but also as a Minister for Human Rights, whether at the UN, in Geneva or travelling around the world—irrespective of which Government of whatever colour has led our great country—is that not only do we see respect for human rights as being at the heart and centre of what we do but many around the world respect the UK for it and hold it up as a beacon. I assure the Committee that the Government do not take their human rights responsibilities lightly. My noble friend Lord Faulks alluded to the fact that not just here but in other places, in different parts of legislation, we ensure adherence to that. In this regard I am proud that, whether at the Human Rights Council, as we have recently seen, through various universal periodical reviews that are taking place with countries, or on quite specific issues, whether human rights on freedom of religion or belief, the protection of LGBT communities, or on gender equality and ensuring that women’s rights are represented, throughout my life the UK has been a bastion and a beacon for human rights. That should and will remain a cornerstone of British foreign policy in years to come.

I thank noble Lords for their amendments. It is right that we again emphasise that we should look carefully at the purposes for which sanction regulations may be created. It may be helpful if I say something about the purposes set out in Clause 1(2). These are designed to cover situations and purposes where the UK is not implementing a UN or other international obligation. The list of purposes has been designed to ensure that we can continue to implement sanctions for the full range of purposes for which we use them now as part of the European Union. The EU is able to adopt sanctions for any purposes of its common foreign and security policy. The reference to “foreign policy objectives” in Clause 1(2) seeks to provide the same type of scope when the UK has left the European Union. This is why the amendment tabled by the noble Baronesses, Lady Northover and Lady Sheehan, would, as my noble friend Lord Faulks highlighted, potentially restrict our options. It seeks to remove the ability to impose sanctions to,

“further a foreign policy objective of”,

the UK.

I appreciate and accept that Amendments 3, 4, 5 and 6 aim to define UK national security and foreign policy objectives in more specific terms. I have little difficulty with the language as such. However, we may risk missing important objectives of UK national and foreign policy that might justify the use of sanctions in the future. For example, this may limit our ability to act with our international partners in the future to tackle serious threats to the national interest.

Noble Lords may recall that in 2015 the Government published a national security strategy, which provides a clear overview of Her Majesty’s Government’s objectives in the national security sphere. The practice has been to update this strategy every five years, as this can act as an indication of some of the purposes of sanctions as set out in the Bill. I assure noble Lords that the Government will not have unlimited discretion. As I set out in the previous debate, the Bill contains a number of checks and balances on the Government’s action, including scrutiny by Parliament and court challenges.

On the additional purposes that have been suggested, I note that these reflect our current practice. For example, preventing grave breaches of human rights and international humanitarian law are already among the purposes of UN sanctions against the Democratic Republic of the Congo and EU sanctions against Iran. I am satisfied that we would continue to impose such sanctions based on the purposes of the Bill as drafted, and that is certainly our intention.

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Moved by

[Lord Collins of Highbury]

8: Clause 1, page 2, line 13, at end insert—
“( ) Regulations under this section must be accompanied by the publication of a humanitarian impact assessment, and such an assessment must be conducted—(a) according to the methodology set out in Chapter 5 of the UN Inter-Agency Standing Committee’s Sanctions Assessment Handbook: Assessing the Humanitarian Implications of Sanctions, published in 2004,(b) in advance of the relevant sanctions regulations being made,(c) again within six months of the date on which the relevant sanctions regulations come into force, and(d) at any time thereafter when the relevant sanctions regulations are subject to any substantial revisions or alterations.”

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[Lord Collins of Highbury]

The purpose of this amendment is to reflect on the discussions that we have had with many NGOs actively engaged in humanitarian support. I had not fully appreciated the difficult circumstances that can arise when they operate in countries affected by sanctions. This is not just a technical matter; people’s lives are put at risk and the ability to travel across certain countries can be impeded. Therefore, it is very important that the impact of any proposed sanction is fully understood by the NGOs.

We also fully support the amendment in the names of the noble Baronesses, Lady Northover and Lady Sheehan, which would ensure the provision of impact assessments. We are very keen to ensure the provision of impact assessments to cut down the time between sanctions coming into effect and licences being granted. I have no doubt that the Minister will say that there is a process and that the Government are dealing with the NGOs’ concerns, but this is a mechanism that can better help the planning and implementation of their humanitarian projects. I beg to move.

[Baroness Northover]

My Lords, I shall speak to Amendment 9, which stands in my name and that of my noble friend Lady Sheehan, and I support the amendment in the names of the noble Lords, Lord Collins and Lord Lennie.

The Minister made clear at Second Reading and in our discussions—I welcome this—that he is open to the possibility of trying to ensure that NGOs working in humanitarian disaster areas and very challenging situations have greater assistance in doing their work when sanctions get in their way. As I just mentioned, I recall from my work as a DfID Minister that sanctions could have a significant impact on the work of NGOs when they sought to assist in Syria.

As the noble Lord, Lord, Collins, pointed out, it is essential that we review current and future sanctions so that we can identify any disproportionate impacts. I know that was the case in Syria, where there were different arrangements for our NGOs compared with those for American NGOs, for example. We need to be able to assess the impact of sanctions and make adjustments accordingly. Therefore, our Amendment 9 speaks of consultation with stakeholders, who are obviously in a very good position to inform the Government of any unintended consequences, so that those consequences can be addressed.

Our amendment is a probing one. As I said, the Minister has said that he is open to ensuring that licences for NGOs are more fit for purpose than has been the case in the past. We are seeking to move the Minister further along that line so that that is not just a possibility but is put in a more concrete form and more specifically, so that we can see the changes that the noble Lord, Lord Collins, and I have outlined.

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[Lord Ahmad of Wimbledon]

My Lords, I thank all noble Lords who have spoken on this group of amendments. The noble Lord, Lord McNally, talked about Rhodesia, and historical context is one of the great values of your Lordships’ House—it always puts things into context.

The specific issue of banks and sanctions against Iraq in 1991 came up. As someone who spent 20 years in that sector and started his career at that time, I remember being acutely aware of those who were opposing the Saddam Hussein regime. It was perhaps used to having more liberal purses and was suddenly subjected to stringent rules based on those that were being applied in-country. Noble Lords have spoken quite rightly about the unintended consequences that lie behind sanctions. However, there are necessary occasions for them in the banking sector. As we have seen, certain banks in certain parts of the world will take a de-risking attitude, which then prevents essential services being performed. However, I will turn to the issue in front of us.

Amendments 8 and 9 make substantially the same points so I will address them together, if I may. First, let me stress again on record that I fully understand the reasoning behind these amendments. As the noble Baroness, Lady Northover, said, we have spoken about this during Second Reading and outside your Lordships’ Chamber.

It is important that, in imposing and maintaining sanctions, the Government do so with a clear understanding of what the impacts may be, and that there is a focus on minimising potential humanitarian impacts and other unintended consequences. I assure noble Lords that the Government work closely with humanitarian actors and NGOs and take their concerns into account when designing and implementing sanctions.

Last year, it was the United Kingdom that secured amendments to the EU’s Syria sanctions regime to provide an exemption for fuel purchases made in Syria by humanitarian organisations, which is exactly what the noble Lord, Lord Collins, talked about. Noble Lords may also be aware that, in October, after listening to NGOs, Her Majesty’s Treasury’s Office of Financial Sanctions Implementation published specific guidance for the charitable sector on sanctions compliance.

I assure noble Lords that the Bill provides the Government with relevant powers, such as issuing licences to help mitigate any potential impact on the operations of humanitarian organisations. EU case law currently restricts our ability to issue so-called general licences for the humanitarian sector, but the Bill would give us greater flexibility after our exit from the EU. When making and amending future sanctions regulations, the Government would incorporate humanitarian exemptions where appropriate, and these would be subject to parliamentary scrutiny.

As the amendment makes clear, there are already methodologies for assessing the humanitarian impact of sanctions, which are agreed internationally. These would continue to be applied. To require a humanitarian impact assessment to be published at the domestic level each time sanctions were imposed is something that I remain to be convinced about. It would duplicate the work already done at an international level before sanctions are agreed. It also carries the risk of causing delay, potentially undermining the effectiveness of sanctions.

The amendment tabled by the noble Baronesses, Lady Northover and Lady Sheehan, would require the impact assessment to be worked up in consultation with stakeholders each time. I fear that that might risk tipping off potential sanctions targets, who could then take evasive action. Again, this could undermine the effectiveness of sanctions.

I assure noble Lords that we will continue to work closely with our NGO partners. The noble Lord, Lord McNally, asked how we were taking that further. We are already working closely with colleagues in DfID on working with NGOs on how we can take the matter forward. The noble Lords, Lord Collins and Lord McNally, and the noble Baroness, Lady Northover, talked also about the NGOs themselves. I think it might be appropriate if, during the course of Committee and before Report, I make myself available to meet the NGOs to see how we may be able to further tighten up the language in this regard. I hope that following what I have presented to the House about the measures already in place, the noble Lord will be minded to withdraw his amendment.

[Lord Collins of Highbury]

I thank the noble Lord for his response and very much welcome his commitment to meet NGOs so that we can discuss their concerns before we come back to this at Report. In the light of those comments, I beg leave to withdraw the amendment.

Amendment 8 withdrawn.

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[Baroness Northover]

My Lords, I extremely glad that the Minister wishes to align so closely with the EU. I can think of very simple ways he might achieve that. In the meantime, in moving Amendment 18 I will speak to Amendments 20 and 21 in my name and that of my noble friend Lady Sheehan. I am sure the Minister will be relieved to know that we are returning to our main theme: whether the scope of the Bill is too wide in giving him extra powers. Our concerns here are about unintended consequences of the sanctions, so I am afraid we are seeking to restrict the Minister again.

If these bans on aircraft and ships prove detrimental to those fleeing persecution, what exceptions might there be? We understand why the Government would wish to have such sanctions, but we are once again scrutinising for wide powers with unintended consequences. Clearly, we would not wish to include traffickers in any exception, but one can envisage, for example, a plane leaving North Korea and seeking asylum for all those on board or, more commonly, those commandeering a boat wishing to escape a terrible regime. What is emerging from the Minister’s account is that the Bill is drawn widely to allow sanctions in unusual and ingenious cases. We need to see what the protections might be where wide powers are sought.

[Lord Collins of Highbury]

My Lords, I do not have much more to add. Obviously, the amendments in this group are probing. I hope the Minister can respond in terms of what the current arrangements are in respect of the circumstances outlined in the amendments and how they may not be necessary. As the noble Baroness said, it is important that we consider all the unintended consequences, as well as our objective of imposing sanctions that are effective.

[Lord Ahmad of Wimbledon]

My Lords, I thank the noble Baroness for raising this important issue. As we discussed earlier, the Government take seriously the impact that sanctions can have on the civilian population of a country and acknowledge the important work of NGOs and other humanitarian organisations in difficult situations.

The amendments would exempt ships or aeroplanes from sanctions if they are being used to transport refugees. While I agree with the principle of the amendments, which I know are well intentioned and seek to assist those who require international protection, in my opinion this is not the right way to achieve the desired effect.

I cited earlier the example of NGOs operating in Syria, where exemptions were granted on fuel access. We need to ensure that NGOs can operate in countries that are subject to sanctions by providing licences and exceptions. The Bill makes it easier—it is not just about having wide powers—by allowing government to draft exceptions and grant general licences aimed specifically at assisting humanitarian activities, including those assisting refugees or displaced persons, which is the intent behind the noble Baroness’s amendment. Of course, these are currently not permitted by EU law.

There are good reasons why broad prohibitions are applied to a country with licences, then used to provide targeted exceptions. That is the right way to move forward on this. If we were to provide a general exception for ships and aeroplanes in these circumstances, it could be subject to abuse and would be impossible to enforce. In extremis, it could help organisations circumvent sanctions. It would also be very difficult to apply in practice. If a person on a ship or aircraft claimed to be a refugee, such a circumstance would seem to engage the exemption proposed by the amendment. However, if it was later determined by the proper authorities and the courts that they were not a refugee, the ship or aircraft would have breached sanctions, as well as that person having circumvented immigration controls.

In many cases, it is impossible to tell whether a person is a refugee until after their claim has been examined and determined. I totally understand the intent behind the amendment, but I am sure the noble Baroness can also understand the difficulty it would pose in respect of a person on a ship or aircraft making such a claim.

I assure the noble Baroness and the Committee that the system of licences and exceptions currently in the Bill offers the best way to maintain the integrity of sanctions while ensuring that NGOs can provide humanitarian support to refugees and displaced persons. I committed during a previous debate to join the noble Baroness and the noble Lord, Lord Collins, in meeting NGOs perhaps to strengthen the narrative behind the exceptions—on how they work and how the current rules would be applied—but I am still minded to ask the noble Baroness to withdraw her amendment. I feel that looking to strengthen the communication and availability of current processes to NGOs, as well as their knowledge of them, would be a better way forward.

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[Lord Judge]

My Lords, this is just about the use of a word—it always is. It is a word that the Minister was kind enough to say he would be using and expected to be used if ever these powers were used. The word is “proportionate”. The decisions should include an element of proportionality as a feature, so why do we not just have it straight in the Bill so that it becomes part of the statute of the realm? I draw attention to paragraph 14 of the report from the Constitution Committee.

[Lord Collins of Highbury]

Maybe I should read out the Constitution Committee’s report, as it might be helpful for the record. We have to acknowledge, like the noble and learned Lord, Lord Judge, that at Second Reading the Minister said that where human rights were affected, a Minister would always need to comply with the European Convention on Human Rights and Strasbourg case law, which will include an assessment of proportionality. The Constitution Committee said it was grateful for those words, but it is such an important limitation on ministerial powers that it should be expressly stated in the Bill. I know the Minister will say, “I am considering the report of the Constitution Committee and the Delegated Powers Committee”, but I hope that by the time he and his colleagues have read those reports, they will be able to come back and agree to the insertion of this very long but important word.

[Baroness Northover]

From these Benches, I concur. I look forward to hearing what the Minister is planning to do in light of the reports from the Constitution Committee and the Delegated Powers Committee.

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[Lord Collins of Highbury]

My Lords, I support all the amendments in this group and address particularly Amendments 40, 41 and 51 and the requirement for a fast-track process. Like the noble Baroness, Lady Northover, I welcome the Minister’s commitment to meet the NGOs before the next stage of the Bill. It is important to understand that their anxiety is not due to the Minister’s lack of commitment, his intentions or the policy of the Office of Financial Sanctions Implementation, which has a stated policy of processing licence applications for humanitarian purposes as quickly as possible. However, the NGOs and all the amendments in this group seek to create more certainty because, as the noble Earl mentioned, delays occur and when sanctions are biting hard we are unable to get assistance where it is needed. Humanitarian crises can emerge extremely suddenly and we are most concerned about how the new regime will deal with them. As the noble Earl said, there are plenty of examples of the costs of slow-moving sanctions policy—for example, in Somalia in 2011, where uncertainty about the sanctions regime slowed down the NGOs’ response to the famine in that country. I certainly support the proposal of the noble Baroness, Lady Northover, for a general licensing exemption. I hope the Minister will come back with some very concrete reassurances after meeting the NGOs, so that there will not simply be his kind words but a declaration in the Bill to ensure that uncertainty is removed.

[Lord Ahmad of Wimbledon]

My Lords, Amendment 39 seeks to enable the procedure by which individuals or entities could apply for licences and exceptions to be included in the regulations. Amendment 40 would require the Government to establish a fast-track process for dealing with requests in respect of exceptions and licences for humanitarian purposes, as the noble Lord, Lord Collins, just highlighted.

I would like to make it clear that the consultation on the White Paper raised the need for clear guidance and swift and robust licensing processes. I assure my noble friend Lord Dundee that the Government are committed to a positive reply on both issues. I hope the Committee will be reassured that, given the number of departments involved and the many different derogations, exemptions and grounds for licensing that exist, the relevant application procedures in each sanctions regulation are all contained in guidance. This guidance is publicly accessible to all via various departmental websites. To reproduce them in the regulations themselves would certainly create a substantial administrative burden and greatly lengthen the instruments, so we do not think it is necessary to do that.

On Amendment 40, the variety and complexity of exemptions and licensing arrangements in place means it could also be difficult to establish a single fast-track process that would be straightforward to operate. The Government believe that the criteria for considering the prioritisation for granting licences and exemptions should remain as flexible as possible. We have already committed to dealing with licences as swiftly as possible and we will of course prioritise urgent requests. The fact that a licence is required for humanitarian reasons is something that we already factor into, and will continue to factor into, the time we take to respond to the request. However, I am sure that noble Lords will also acknowledge that humanitarian licences are not the only ones that might require an urgent response. For example, a legal fees licence might be needed to enable an imminent court deadline to be met. To have a fast-track procedure confined to humanitarian licences alone might put these at additional risk by giving priority to a humanitarian needs licence that is not urgent over another request that is. For all these reasons, we do not consider that new requirements need to be added to the sanctions regulations.

I appreciate the sentiment behind Amendment 41, which proposes that a consultation be undertaken for an overarching framework for exceptions and licences. The White Paper consultation on exceptions and licences highlighted the need for good systems and clear guidance when applying exceptions and licensing. We have taken on board the comments of all respondents and replied to them and, as we said in our reply, we intend to design the post-Brexit licensing framework based on these representations. We also intend to consult industry from now until the day we leave the European Union and thereafter, to ensure that the framework allows us to be flexible and has the minimum possible effect on industry while having the maximum effect on the intended targets.

It is also true that an overarching framework for licences might not allow us to take advantage of the flexibility that we currently have for each regime. For example, the licensing grounds for a proliferation regime should be different from those of a misappropriation regime. Different types of sanctions also require different approaches. We currently have centres of expertise on the different types of sanctions, and any move to an overarching framework might put these at risk.

Finally, the Committee will be aware that the moment of leaving the EU is approaching. In that time, after the Bill is enacted, we will need to design the replacement UK regimes. To undertake a consultation exercise on top of that will make it harder to prepare in time. Given that the purpose of this amendment is to ensure good licensing and clear guidance, I hope I have been able to reassure the Committee that we are committed to both.

On the humanitarian exceptions, I have great sympathy with the intention behind Amendment 42; humanitarian, development, reconstruction and peacebuilding agencies need to continue the important work they conduct, often in very difficult circumstances, without fear of unintentionally falling in breach of sanctions. The Government should have the necessary discretion to enable this. The intended effect of this amendment is to make it explicit in the Bill that the types of exceptions that can be granted include,

“humanitarian, development, reconstruction and peace-building agencies”.

However, the addition is unnecessary, as Clause 14(2) as currently drafted allows the Government to create exceptions and issue licenses for activities that are not explicitly listed in Clause 14(2). It is the Government’s intention to use this drafting to create exceptions for a wide range of activities. Humanitarian activities are currently included under existing exceptions and licensing provisions in the sanctions regimes in place, and I assure noble Lords that we intend to continue to include them. Clause 14(6) is an additional clarification of purposes for which exceptions can be created, not an exclusive list. For this reason, accepting the amendment would have no effect on the powers, as they are already contained there and therefore unnecessary.

Clause 14(2)(b) also gives a power to issue general licences. This goes further than the position we currently have under EU law, giving the Government the ability to put in place licensing arrangements for humanitarian purposes, which would enable multiple parties to undertake specified activity without the need for a specific tailored licence. Given that this provision is unnecessary as we already have this power, I hope noble Lords will not press the amendment.

I entirely agree with the intent—although the drafting may need to be looked at—of Amendments 50 and 51, which we understand require the Government to provide guidance about enforcement procedures for sanctions breaches. The need for clear and accessible guidance was highlighted throughout the Government’s consultation on the White Paper. In our response, we said:

“We recognise the call for clear and consistent guidance. Accordingly, the bill would provide for the government to issue guidance on the content and implementation of sanctions. The government is committed to ensuring that this guidance would be of a high standard”.


I am happy to say that the Government have delivered on that promise and have included a provision in the Bill—Clause 36—requiring Ministers to issue guidance about any prohibitions and requirements imposed by sanctions regulations. There will be a mandatory requirement to provide comprehensive guidance for all those affected by sanctions implementation. One strand of the guidance requirement set out in Bill—in Clause 36(2)(b)—explicitly specifies that the guidance may cover,

“the enforcement of the prohibitions and requirements”.

In line with this, we intend to continue to publish guidance on sanctions enforcement.

Clause 36, which we will debate at a later stage, provides for a more comprehensive duty than that specified in the amendment. It has been drafted to allow guidance to be given to all persons in the UK and it enables consultation with sources of expertise as appropriate. For example, we do not expect that the CPS will need to feed into any guidance about how civil monetary penalties are issued in respect of breaches of financial sanctions.

My noble friend Lord Dundee asked specific questions about help for NGOs. I am not sure whether he was in your Lordships’ House when I discussed that matter with the noble Lord, Lord Collins, and the noble Baroness, Lady Northover. We will be meeting NGOs before the next stage of the Bill to discuss how we can better understand and address some of their concerns, but we will continue to issue clear guidance to them. I also assure my noble friend that we will provide speedy and efficient responses to requests for licences. As I have already indicated, under the Bill we can issue general licences, which offer more comfort to banks—which I believe my noble friend specifically mentioned—and give them a greater appetite to assist in these areas.

With that somewhat detailed explanation of where we currently stand on Clause 36, I hope the noble Baroness will be minded to withdraw her amendment.

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[Lord Collins of Highbury]

My Lords, I do not want to repeat the comments that have been made. The one thing that I would make clear to the Minister is that he has a wide range of opinion against him on this, not least the Law Society’s own briefing, which raised huge concerns about this clause. The Constitution Committee has been very clear. The Delegated Powers Committee has also raised concerns, even though it says that the Foreign & Commonwealth Office has made “a compelling case” in relation to this.

The noble Baroness, Lady Bowles, referred to the argument that it is impossible or too difficult to create a framework. The Delegated Powers Committee said that,

“the FCO’s reasons provide a compelling case for allowing the creation of criminal offences in sanctions regulations … Trying to set out the offences in primary legislation would risk producing offences and penalties that are defective or disproportionate or both”.

We have heard in the debate that it cannot be beyond the powers of the Minister to come up with a much better answer to this difficulty than the one currently being offered by his department. Even though the Delegated Powers Committee says that there is a compelling case, it thinks that parliamentary scrutiny should be enhanced if these powers are conceded. So I hope that the Minister will give deep thought to this and come back at some stage with a much better and more acceptable option.

[Lord Ahmad of Wimbledon]

My Lords, obviously I have noted the opinions that have been expressed, as the noble Lord, Lord Collins, said. I see that your Lordships’ Committee is concerned about the new criminal offences. To be clear: these types of offences already exist. People who breach financial, trade, immigration and transport-related sanctions can be convicted for those breaches in the criminal courts. We will continue to legislate on this basis so that breaches of sanctions can continue to be an offence.

We have set safeguards. We have set a cap of 10 years on maximum sentences for breaches of trade sanctions, which is consistent with the Export Control Act; for breaches of financial sanctions the cap is set at seven years, which is consistent with recent changes introduced by the Policing and Crime Act 2017. Coming back to the point made by the noble Lord, Lord Thomas, about differentiation between the types of offence, we have lower sentences in respect of information provisions and money laundering regulations.

I hear what noble Lords have said. The purpose behind the sanctions is to replicate the existing legal frameworks for enforcement across the various forms of UK sanctions that will be created by the Bill. For all types of sanctions, Clause 16 includes provision for creating offences and dealing with offences, including defences and the treatment of evidence. It also provides for powers and duties to be vested in persons who assist in the enforcement of any prohibitions. For example, for trade sanctions, Clause 16 enables regulations to apply any provision of the Customs and Excise Management Act 1979, which provides a full suite of powers for the enforcement of these measures. The clause also enables civil monetary penalties, introduced in the 2017 Act, to continue to be issued for breaches of financial sanctions. It does not extend these to other types of sanctions. It also enables regulations made under the Bill to replicate the current position on maximum terms of imprisonment. I have already referred to that. It contains further powers for deferred prosecution agreements and serious crime prevention orders for all measures in the Bill.

Clause 16 also makes a provision that would enable the UK to extend the existing offence of failing to supply information on financial sanctions breaches. As noble Lords know, there is an existing duty on everyone to supply such information, which will be transposed by the Bill. However, the associated criminal offence for not doing so applies only to relevant institutions in the regulated financial services sector and relevant businesses or professions. The Bill enables the UK to equalise the scope of that duty and offence, as I said earlier, by making it a general offence applicable to everyone.

I assure the Committee that I am listening carefully to the representations being made, in particular those made by the noble and learned Lord, Lord Judge. However, we believe that the sanctions enforcement provisions, including criminal and civil penalties, remain proportionate to the scale and nature of sanctions breaches and that they will continue to act as a deterrent. That is the ultimate objective. Although I am sure I will not get a ringing endorsement for—or agreement with—everything I have said, I hope I have outlined where the Government are coming from in drafting Clause 16. Based on my explanation, I hope the noble and learned Lord will be minded to withdraw his amendment.

Yemen: Humanitarian and Political Situation

Lord Collins of Highbury Excerpts

Monday 20th November 2017 Lords Chamber

[Lord Collins of Highbury (Lab)]

I thank the Minister for repeating the Statement. Just under two weeks ago now, the noble Lord, Lord Bates, described the situation in Yemen to your Lordships’ House as,

“the world’s largest humanitarian crisis”.—[Official Report, 7/11/17; col. 1788.]

Some 21 million people are in need of humanitarian assistance. Nearly 10 million are in need of immediate help to support or sustain life. As we have heard, the UN’s top humanitarian official, Mark Lowcock, whom we all know from DfID, warned that unless the blockade was lifted Yemen would face,

“the largest famine the world has seen for many decades”.

The Minster and the Minister in other place have acknowledged that the level of fuel required to supply food is at crisis point—enough left to last literally a matter of days. We know the situation is developing and changing daily. I welcome the Government’s efforts, certainly the humanitarian efforts, but we know that action is needed immediately. We cannot let this continue.

I share the Minister’s view that the Houthi missile strike was totally unacceptable. He and the Minister in the other place said that we need to address the Saudis’ security concerns while addressing the humanitarian crisis. We have been told that the Foreign Secretary spoke two days ago to the Secretary-General, but what is the Minister’s assessment of how to address those security concerns through the United Nations? What are we doing specifically within the UN to ensure that action is taken to allow the immediate start of supplies to Yemen? We are told that the Government are urging the Saudis to open up access, but at what point are we going to say that that strategy is not working? At what point do we tell the Saudis that Britain will withdraw support if they carry on with this blockade? At what point do we say that keeping licences for arms supplies under review will not just be a matter of review, but that we may start to challenge each one as supplies from this country continue, as the US has done?

This is a matter of international humanitarian law, and it is clear that Britain needs to act. We will be keen to hear about the immediate steps the Government have taken, but we acknowledge that even if the blockade is lifted tomorrow, the civilian population of Yemen will continue to suffer as long as this conflict carries on. We know that a lasting ceasefire will be sustainable only if there is political agreement on all sides. It is exactly a year and one month since Matthew Rycroft circulated a draft resolution to other members of the UN Security Council. How much longer do we have to wait? Will the Government finally bring forward that resolution and give the UN the opportunity to intervene to end this terrible conflict?

[Baroness Northover (LD)]

My Lords, I too thank the Minister for repeating the Statement. Yemen now faces an intensified blockade. As he indicated, the UN estimates that 7 million are at risk of dying from starvation. As he has said, Yemen imports up to 90% of its daily needs, including fuel. The situation is therefore appalling. What is the upshot of the recent discussions, which the Minister mentioned, that Ministers have had with their Saudi counterparts regarding humanitarian access to Yemen’s population?

Criticism has been made of the UK because we assist with humanitarian help but also sell arms to Saudi Arabia. What discussions has the Foreign Secretary had with the Secretary of State for Defence regarding UK arms sales to Saudi Arabia?

What hopes does the Minister have for the efficacy of working with international partners to restart the peace process in Yemen, which again he mentioned? What recent assessment have the Government made of the need for an independent investigation of possible war crimes committed by both sides of the conflict in Yemen? In terms of the humanitarian situation, how will fuel shortages be immediately addressed? Is it recognised that this has an impact on the availability of drinkable water and that hospitals cannot be kept open without power? Does he note that refrigeration units for essential medicines are being turned off for periods of time to save fuel? What is being done to address the lack of medicines? Is he concerned that cholera and diphtheria are among some of the diseases that are currently spreading?

Does the Minister agree that food distribution systems are now under severe threat? Does he agree—it sounds as if he does—that the reopening of Aden port is simply not enough in this situation? Does he agree with those who say that what is happening amounts to collective punishment—holding a civilian population accountable? Does he agree that Saudi Arabia must lift or at least ease the blockade, and that if this does not happen we will see images of man-made famine within days?

West Papua

Lord Collins of Highbury Excerpts

Wednesday 15th November 2017 Lords Chamber

[Lord Ahmad of Wimbledon]

My Lords, the noble and right reverend Lord is referring to the media reporting on the petition, and he has presented the facts as reported in the media. However, on receipt of this Question I checked with our mission at the United Nations in New York and we certainly have not ourselves received a copy of the petition. Furthermore, the UN Secretariat has not received such a petition. As for the situation in Papua, particularly West Papua, the noble and right reverend Lord speaks with great experience and I know of his interest. The United Kingdom continues to seek to ensure that all rights, including those of media reporting, are upheld and we have been encouraged by the recent steps that the President of Indonesia has taken in granting increasing clearance for journalists to report from that region.

[Lord Collins of Highbury (Lab)]

My Lords, the Minister will know that at the beginning of this year his predecessor, the noble Baroness, Lady Anelay, shared the concerns of the noble and right reverend Lord about human rights abuses. One thing that is clear is that those abuses are continuing and the Government are monitoring them. Will the Minister take this matter up at the UN and support the request for a special representative to investigate the continuing abuses of human rights?

Zimbabwe

Lord Collins of Highbury Excerpts

Wednesday 15th November 2017 Lords Chamber

[Lord Collins of Highbury (Lab)]

My Lords, I thank the Minister for repeating as a Statement the Answer to the Urgent Question, and I of course wholeheartedly support the actions of the Government: protection of all civilians, including the 20,000 British citizens, is obviously the first priority. I see that recent press reports say that a delegation from South Africa was refused entry into Zimbabwe. Can the Minister tell us a little more about the contacts with not only South Africa but the African Union on the ongoing situation and the need to protect civilians? Can he further tell us that there will be discussions to ensure that the whole of the African Union will ensure that the elections scheduled for next year will be free and fair, and open to all people in Zimbabwe to participate in?

[Lord Ahmad of Wimbledon]

First and foremost, I thank the noble Lord for his support for the Government, which reflects the continuing position of Her Majesty’s Opposition on this important issue. On delegates from South Africa being refused entry, I am aware of various media reports. I cannot give him a factual answer, but I will certainly follow that up. As I said in repeating the Answer, my right honourable friend the Foreign Secretary will be speaking to the Deputy President of South Africa. We will get an update and I will update the noble Lord and the whole House accordingly.

The noble Lord makes a valid point about the African Union. In that regard, my right honourable friend the Foreign Secretary is due to travel to the next meeting of the African Union—in Ivory Coast, I believe —which takes place the week after next. Events may move on—they are very fluid on the ground—but I am sure that, in the conversation and discussion that takes place in the interim and at that meeting, Zimbabwe will be a priority issue.

Daesh: Raqqa

Lord Collins of Highbury Excerpts

Tuesday 14th November 2017 Lords Chamber

[Lord Collins of Highbury (Lab)]

My Lords, the fact is that these fighters have gone somewhere. They have not disappeared, and there is a potential threat to neighbouring countries. What assessment have the Government made of the threat to neighbouring countries, particularly those which are fighting Daesh? Also, what assessment has the Minister made of how that release of fighters affects our ability to hold these criminals to account? It is vital that we do that.

[Lord Ahmad of Wimbledon]

I agree with the noble Lord, most certainly on his final point—the Government, as he knows, take very seriously the need to hold them to account. Just to put this in context, the number quoted also includes the families. The deal was known to the SDF, in particular, and was a local tribal deal. The purpose behind the evacuation was to minimise the loss of civilian lives in the fall of Raqqa, particularly those of women and young children. To track Daesh fighters we are continuing to use all agencies on the ground and to work with the coalition of 73 countries, including several neighbouring countries, to ensure that those who are seeking to leave the conflict zone in Syria and in Iraq are held accountable locally. If foreign fighters seek to return to the UK, there is due process in place to ensure that they are held to account for their crimes abroad.

Commonwealth Summit 2018

Lord Collins of Highbury Excerpts

Thursday 2nd November 2017 Lords Chamber

[Lord Collins of Highbury (Lab)]

My Lords, I, too, thank the noble Lord, Lord Chidgey, for initiating this debate and for his tenacity in ensuring that it has eventually taken place. We have been waiting some time for it—but of course what he has been able to do is ensure that this important issue remains on the agenda.

Earlier this year, the noble Baroness, Lady Anelay, set out how the Government would take a fresh look at CHOGM’s format, working in partnership with the secretariat, political parties here and wider Commonwealth parliamentarians, as well as with business, non-governmental bodies and civil society. We have now seen the fruits of this thinking, with the Government setting out four key themes—prosperity, security, sustainable futures and fairness—they want reflected not only in the Heads of Government meeting but in the youth, business, women’s and civil society fora. These themes of course embrace the United Nations’ 17 sustainable development goals and 169 targets aimed at resolving issues such as poverty, ill health and inequality, with the specific commitment to leave no one behind.

To deliver on these, we need to nurture and develop all aspects of civil society. That is why the summit’s fora will be so critical to the success of CHOGM. I welcome the initiative of the Commonwealth Parliamentary Association in developing the parliamentary forum. I also attended the meetings in the CPA’s rooms. However, what I argued for and what I am hoping for is that the association should not restrict itself simply to the role of parliamentarians.

The ingredients of a thriving democracy are not limited to Parliaments and parliamentarians. Civil society organisations such as churches and trade unions have been and remain an important part of democratic life and are frequently the only guarantor of human rights in society. At Malta, the Commonwealth reaffirmed its commitment to promote and protect all human rights and fundamental freedoms, and to support the empowerment of women and girls. The Leaders’ Statement also recognised the economic potential that can be unlocked by tackling discrimination and exclusion. Yet in the Commonwealth many women, disabled people and too many minorities are discriminated against and denied access to their fair share of goods, services and opportunity. Economic growth has the potential to be the engine to drive change, but growth without jobs, inclusion, healthcare, education and human rights will not deliver for the many. Can the Minister tell the House whether practical support will be given by the Government to ensure that trade unions, women’s associations and other civil society groups will have their voice heard in all the fora of the summit?

As we heard from my noble friend Lord Cashman, LGBT rights remain a major source of division among Commonwealth members. We do not have the right or the opportunity to force states to decriminalise, but we can work with them so that they understand the economic as well as the human rights issues involved in making necessary changes. I also agreed with the Prime Minister when she said at the PinkNews Awards last month that the anti-gay laws were a legacy of Britain’s colonial past, so the UK has a special responsibility to help change hearts and minds. She committed to ensuring that these important issues are discussed at the Commonwealth Heads of Government Meeting. I welcome that commitment, but I hope that the Minister can tell us whether steps will be taken to ensure that this and other equality and human rights issues, as my noble friend also suggested, will be on the agenda of the youth, business, women’s and civil society fora. There are connections here and it is important that these rights are considered in a broad context.

My noble friend also referred to last week’s Commonwealth equality network of activists and non-governmental organisations, which met in Malta to discuss how to reverse the oppression of gay people in too many Commonwealth countries. Can the Minister tell us about its outcome and how it can be fed into the summit?

As we have heard, good governance and respect for the rule of law are vital for stable societies. The Commonwealth agreed to make anti-corruption work a priority, committing to strengthen efforts to tackle corruption, including through increased transparency and co-operation among law agencies. Can the Minister update the House on how that will be addressed in the summit, what has happened since the UK’s anti-corruption summit and how that can be made a priority on the CHOGM agenda?

The noble Baroness, Lady Berridge, summed up about how we ensure that the innovations we have seen being developed for the forthcoming CHOGM will continue in the future, not only for the next CHOGM but on an ongoing basis. We want to see a family of nations with democratic and human rights, and access to all public services, fully enshrined for the future.

Terrorism: Sexual Violence

Lord Collins of Highbury Excerpts

Wednesday 1st November 2017 Lords Chamber

[Lord Ahmad of Wimbledon]

I assure the noble Baroness that we not only condemn it but act on that. She will be aware of our action at the highest level at the UN Security Council with the passing of Resolution 2331, which addresses the nexus between human trafficking, sexual violence and terrorism. More recently, as I have said to the House, in September this year at the UN Security Council we passed a resolution specifically to set up an investigative team to gather greater evidence on sexual violence and crimes committed by Daesh in Iraq. That demonstrates the action we are taking at an international level to ensure that we tackle this head on.

[Lord Collins of Highbury (Lab)]

My Lords, this is one of those critical issues that requires interdepartmental examination and is not just about UN activity. The relationship between human trafficking, sexual violence and terrorist groups is complex. Will the Minister assure us that the departments in Whitehall are working together to examine this so that consideration is given to both international law and domestic law?

[Lord Ahmad of Wimbledon]

I can give the noble Lord that assurance. Only two weeks ago, the Home Secretary, Amber Rudd, chaired a meeting of Ministers, including those from the Foreign Office and DCLG. They looked at the action we are taking domestically on the primary issue of modern slavery and the referral mechanism, which includes support for victims of human trafficking. The meeting also brought together elements of international action and our bilateral representation and leadership on this issue, and how modern slavery and human trafficking is one of many instruments used by terrorist organisations.

Sanctions and Anti-Money Laundering Bill [HL]

Lord Collins of Highbury Excerpts

2nd reading (Hansard): House of Lords
Wednesday 1st November 2017 Lords Chamber

[Lord Collins of Highbury (Lab)]

My Lords, I, too, start by thanking the noble Baroness, Lady Anelay, for her contribution. Laying down that evidence has been really important and will govern a lot of what we will consider in relation to the Bill. I am sad that she has left the Government. It is not often that opposition and government parties can work together, but we have because we have a common interest in defending democracy and supporting human rights, and in particular I welcomed her work on LGBT rights. She will be sorely missed from the Government, but I know that she will continue to work from the Back Benches on those important issues, and I welcome the opportunity to work with her.

I also thank my noble friend Lord Hain for his contribution, again because he has enabled us to consider what we are trying to deal with in this legislation. His example and his evidence will be at the forefront of our minds when we consider the specific points in the Bill. It was an excellent contribution.

If we take any of the most pressing foreign policy challenges of our time, from North Korea’s nuclear weapons programme to ethnic cleansing in Myanmar, the likelihood is that sanctions will feature heavily in discussions about how we should respond. But if those examples demonstrate the importance of sanctions as a foreign policy tool, they also point to some of the limitations of relying too heavily on sanctions alone. The case of Iran, on the other hand, shows that sanctions can be made to work if there is strong enough political commitment. Thanks to a combination of carefully targeted sanctions and a sustained commitment to diplomacy over 12 painstaking years, EU negotiators, led by the noble Baroness, Lady Ashton, ultimately achieved a breakthrough with Iran which led to a comprehensive nuclear deal that many had previously dismissed as unthinkable. Recent history shows above all how important it is to make careful use of sanctions as part of a clear, overarching diplomatic strategy. This is just one reason why the Bill is so important.

It is also important because passing new legislation is a legal necessity, as sanctions currently take effect in the UK almost exclusively via EU regulations, and we need a new domestic legal framework to be in place before we leave. Without this, we would not be able to fulfil even our most basic international obligations as a member of the United Nations. On that basis, Labour fully recognises the need for new sanctions legislation, and we will not obstruct the Bill unnecessarily. At the same time, we believe there are areas that will need to be improved, and to that end we will put forward a number of amendments to address some of our particular concerns.

In his introduction, the Minister emphasised the need for co-operation to ensure that sanctions are effective—and the examples given by the noble Baroness, Lady Anelay, amplified this. We cannot work in isolation. In relation to non-UN sanctions, how will the Government ensure not just that UK-EU co-operation on sanctions continues after we leave the EU but that we maintain the ability to shape decisions on EU sanctions when they are imposed? The Lords EU Committee has warned that the UK must continue to co-ordinate sanctions policy with the EU after Brexit. I know it is a lot to ask of the noble Lord, and he may be unable to respond today, but will he set out at some stage of the Bill as it progresses the detailed plans for future co-operation and effective co-ordination between the UK and the EU?

As we have heard in the debate tonight, one concern about the Bill is that there is no requirement for Ministers to set out an overarching strategy for achieving any specified goals. We will seek to amend the Bill in order to address this omission. We will also seek to require robust impact assessments, setting out any potential humanitarian consequences of sanctions and what steps will be taken to mitigate this risk. We will certainly back the calls for a streamlined process for granting any necessary exemptions to sanctions on humanitarian grounds.

We hosted a round table with NGOs and, although I appreciate what the noble Lord said in relation to the powers within the Bill to grant exceptions, there are concerns about how these will operate in practice, and they will need to be addressed when we scrutinise the Bill clause by clause. In particular, as the NGO sanctions and counterterrorism working group said, is the Minister aware of how important it is for licences to be of the duration of an NGO’s programme and to be relatively open-ended, and subject to change only in negotiation with the NGO? If we do not have that, we will be putting the staff and the assets of the NGOs at risk. I hope the Minister will be able to assure us that the scope and application of Clause 14 will meet the expectations of NGOs.

We will seek to improve transparency by requiring the Government to publish an annual report on sanctions implementation. Ministers would have to continually reassess whether sanctions were working, whether enough was being done to meet the relevant objectives via the diplomatic track and whether adequate safeguards were in place to prevent any unintended consequences, humanitarian or otherwise. Only by requiring such information to be made public can the Government truly be held to account.

The next item of concern that Labour will seek assurances on is the need for ongoing parliamentary oversight of sanctions policy. Currently, the only review mechanisms that the Bill provides for are ministerial, and the Government’s implementation of sanctions will therefore essentially be self-policing, setting aside the individual rights for judicial review. This is clearly unacceptable. We will table amendments to guarantee greater parliamentary scrutiny throughout the process, including on decisions to lift sanctions as well as decisions to impose them in the first place. I hope, bearing in mind the comments that have been made across the Chamber today, that we can have that on a cross-party basis.

As the noble and learned Lord, Lord Judge, said, the Bill contains a number of Henry VIII powers. We look forward to the DPRRC’s report on this with great interest. Looking at the committee’s timetable, I hope we will have that in plenty of time for Committee stage. In Clause 39, the Bill creates a power for new types of sanctions to be introduced by regulation. This is said to “future-proof” the Bill. It will be subject to the affirmative process, but there is no scope for amending SIs. The idea that there are new challenges and therefore we need new laws, which will simply be done by these means, just does not seem accessible.

With regard to these powers, I always admire the ability of the noble Lord, Lord McNally, to be relatively selective in his memory. The Lib Dems were of course in government, and he presided over some of the things that concerned me most about the coalition Government regarding the reduction in access to justice, which will remain at the forefront of my memory. I recognise that often opposition parties will say something in opposition but, when they feel the full weight of responsibility in government, they say something else. So I accept what the noble Lord says, but the job of this House is to scrutinise. In our parliamentary democracy, I am proud that we have the appropriate checks and balances, and the role of the courts is certainly important in that. That is why I look forward to working with noble and learned Lords, and others, to ensure that there are those proper checks and balances.

As noble Lords have said, is it really appropriate for the whole of the new anti-money laundering legal framework to be produced almost entirely by delegated legislation? This House cannot amend regulations. If they are not subject to proper parliamentary review and scrutiny, it may be that it will be much more difficult to prevent future backsliding in anti-money laundering provisions, particularly as London begins to compete with Frankfurt. There may be other pressures on the Government in relation to these issues. Exactly how does the Minister intend to ensure that Parliament has a major role in scrutinising future changes to the AML regime?

The noble and learned Lord, Lord Judge, referred to several provisions in the Bill, including Schedule 2. I particularly want to raise the issue of Schedule 2 and the powers to create new criminal offences in relation to money laundering via delegated legislation. Is that really appropriate? In the Delegated Powers and Regulatory Reform Committee’s report of 2014, Special Report: Quality of Delegated Powers Memoranda, it stated:

“Where the ingredients of a criminal offence are to be set by delegated legislation, the Committee would expect a compelling justification”.


I do not think that the Government’s memo on this gives us a real compelling justification, and I hope that the Minister will be able to address that firmly. We will certainly be looking at that very carefully as we go through the Committee stage.

Finally, and for me perhaps most importantly, bearing in mind the comments in the contribution of the noble Baroness, Lady Anelay, we will seek to expand the criteria for imposing sanctions in the future, including a strong and unequivocal commitment to promoting human rights as part of British foreign policy. The absence of such a commitment in the Bill is, for me, disappointing. I hope we will have the opportunity to address that. The next Labour Government will be fully committed to observing these principles regardless of whether our amendments succeed. I hope that, nevertheless, we will be able to address these issues.

One of the things that will be uppermost in our minds, and which we must not forget, is that the decision of the people in the referendum to leave the EU will have consequences. A major consequence will be our ability to influence a collective and co-operative approach to some of the most oppressive regimes and oppressed people in the world.

UN Security Council: Information Sharing

Lord Collins of Highbury Excerpts

Thursday 26th October 2017 Lords Chamber

[Lord Ahmad of Wimbledon]

The noble Lord knows that our Armed Forces remain very strong and that we are at the forefront of relations with regard to peacekeeping. Indeed, I will talk about this very subject at the UN Security Council next week. Contrary to what the noble Lord has expressed, our partners not just in the Security Council but across the General Assembly welcome the United Kingdom’s leadership on a raft of different issues, most recently the Prime Minister’s personal initiative in leading the charge to combat modern slavery.

[Lord Collins of Highbury (Lab)]

My Lords, building security requires more than co-operation on military and intelligence issues; it obviously involves co-operating with a range of countries. Of course, Brexit will be a crucial issue in maintaining that co-operation. The noble Lord is right to point out that we have led in Europe. If we are not there in Europe, how will we build security? What will be the mechanisms to ensure that we build security and lead on it globally?

[Lord Ahmad of Wimbledon]

When I saw that this Question had been tabled, I said to officials that it might go quite wide—and, indeed, we have a Brexit-related question. First and foremost, I assure the noble Lord that of course, we continue to have constructive and productive discussions with our European partners. I am confident, as are all members of the Government, that we will reach a progressive and productive end to those discussions in terms of a new relationship with our partners in the European Union. Let me give the noble Lord a practical example. Most recently, the Prime Minister herself led on the important issue of security and countering terrorism, particularly on the internet. She chaired that meeting at the UN, together with the President of France and the Prime Minister of Italy. That underlines the co-operation we have in important areas such as security and countering terrorism. That is continuing, and will continue.