The Situation in the Gulf

Debate between Lord Collins of Highbury and Baroness Northover

Monday 22nd July 2019 Lords Chamber

[Lord Collins of Highbury (Lab)]

My Lords, I thank the Minister for repeating the Statement. I listened to the Foreign Secretary in the other place this afternoon; he quite rightly said that we must not conflate the issue of freedom of navigation with the JCPOA. Freedom of navigation is a principle which Britain and its allies will quite rightly always defend. He said that our response will not be part of the US maximum pressure policy on Iran because we remain committed to preserving the Iran nuclear agreement. He had of course warned earlier that the UK risked becoming “enmeshed” in a US conflict with Iran. Can the Minister guarantee today that if there is any danger of that happening, it will be Parliament which has the final say on whether we choose to become enmeshed or to stay out of any conflict altogether?

The Foreign Secretary also stressed, as the Minister did in repeating the Statement, the importance of maintaining dialogue with the Government of Iran. He even expressed a note of optimism this afternoon, in the light of the earlier statement by the Iranian Foreign Minister, which expressed a willingness to reopen negotiations with the US on the nuclear deal. But in a very measured response to an Urgent Question on Nazanin Zaghari-Ratcliffe last Wednesday, the Foreign Office Minister, Dr Murrison, recognised that there are “many Irans”, not simply its Government. Focusing on what the Foreign Secretary said this afternoon, what is the Minister’s assessment of securing diplomatic contact with all elements in Iran to achieve a settlement to this crisis, bearing in mind that the Revolutionary Guard, which clearly authorised this action, is not the element we are currently talking to?

We know that this is a tit-for-tat reaction. However, I stress that the seizure of the “Grace 1” oil tanker can be no justification for the unacceptable retaliatory action that Iran has taken against the “Stena Impero”; it was unacceptable but predictable. El País reported that the US Government told the Madrid Government 48 hours in advance that “Grace 1” was headed for the peninsula, which would explain why the Gibraltar Government introduced new legislation 36 hours in advance to shore up the legal basis for the seizure taking place in their waters. So why wait until now for the measures that the Foreign Secretary has announced today? In fact, on 18 June my noble friend Lord West of Spithead asked the Government whether they were absolutely sure that we had enough assets in place, arguing then—on 18 June—that we should be working with our allies to look at taking convoys of ships through. He also argued then that if we did not do anything, we would be culpable. I hope that the Minister can explain why we have waited so long to take the necessary precautionary action.

The Foreign Secretary has said of the “Grace 1” that the Government would be happy to see it released, provided there were guarantees that it was to go to a country other than Syria. Would that include a country such as Turkey, even though it has formally lost its US sanctions waiver on oil imports from Iran?

I want to mention what came up in the Urgent Question last week. Just what are we doing to work with our allies? Beyond our E3 partners France and Germany, and the EU, which other allies are we talking to about specific action? This morning I met the second secretary from the Japanese embassy, who confirmed that Japan was actively considering the US request to establish a coalition. What are we doing in terms of talking to those allies such as Japan and, of course, India?

I turn to the international crew of the “Stena Impero”. It was certainly good to see pictures of them earlier in a healthy state, but have the Government spoken to their counterparts from India, Latvia, Russia and the Philippines about co-ordinating action to secure their release?

Finally, there is no doubt that we are all concerned by the dangerous escalation of events in relation to Iran. Can the Minister tell us what is being done through the United Nations to do more to de-escalate the situation and stop this seemingly inevitable descent into conflict, when we have worked so hard to achieve a peaceful settlement?

[Baroness Northover (LD)]

My Lords, I thank the Minister for repeating the Statement. We must always uphold international law and freedom of navigation. This is an extremely dangerous situation. The region is a tinderbox. Many have said that Trump pulled out of the Iran nuclear deal and imposed further sanctions simply because Obama had signed the original deal. The President may not want a war but some of those around him are far more hawkish. That must cause us enormous concern, so can the Minister comment on where these developments leave the European determination to maintain the nuclear deal? Why did the UK decide to play a part in intercepting the Iranian tanker off Gibraltar, and, as mentioned by the noble Lord, Lord Collins, why did Gibraltar suddenly put in place sanctions legislation? Who proposed that that was suddenly needed, and why? What role might the US office for foreign asset management have had recently in advising the FCO on sanctions targets?

Can the Minister give us examples of previous incidents where our military or Navy have been used in sanctions enforcement which involved boarding and seizure? If we were to take such an action, what preparations have we already made—the noble Lords, Lord West and Lord Collins, have flagged this up—to protect ships flying under our flag that might then, predictably, be intercepted by the Iranians? Does the Minister agree with his colleague, the Defence Minister Tobias Ellwood, that the Navy is too small for a global role? Is the noble Lord, Lord West, not right to have warned time after time that our Navy is too small?

The position of this ship was publicly available, so what should we think of the UK as a global power when, at only the second attempt at an interception, a ship sailing under our flag was diverted and detained? Can the Minister say why the Department for Transport has only just raised the security level to 3 for ships sailing under our flag? Why is a European-led maritime protection mission only now being sought? Why was this not done before the “Grace 1” tanker was seized in Gibraltar? How optimistic is he that, in the middle of our battle over Brexit, such a mission will be forthcoming? Does he agree that our sanctions work best as part of multinational efforts, and that unilateral effort makes little sense?

Is it true that we feared American assistance, lest we ended up taking a more aggressive stance than we wished? That seems to be reflected in the statement that we will not be part of the US maximum pressure group. Does the whole situation not show that the UK is likely to be buffeted in the future, if we leave the EU, between a volatile ally and others, and that we are taking Gibraltar down that path? We have been unable to defend a ship sailing under our flag, and today we hear that Nazanin Zaghari-Ratcliffe has been transferred back to an Iranian prison. How are we defending her in this dangerous situation? We are appearing to warn against any passage through the straits, despite the huge value of that trade and the economic impact. Does the Minister not agree that this whole situation shows how vital it is to be part of a global bloc, and that any increase in defence spending will hardly make us a global player to rival the superpowers or, in fact, the EU? Therefore, we must work with everybody to de-escalate the situation and bring about a negotiated resolution, not only to this specific situation, but to the wider crisis affecting Iran and the region.

Ebola Outbreak: Democratic Republic of the Congo

Debate between Lord Collins of Highbury and Baroness Northover

Monday 20th May 2019 Lords Chamber

[Lord Collins of Highbury (Lab)]

My Lords, I thank the Minister for repeating the Statement and I join her in expressing sympathy for all those who have lost loved ones in this latest Ebola outbreak. It is true—the WHO has said as much—that it is likely to spread into neighbouring countries, which is why this response is so urgent. I welcome the Government’s response and the fact that we are drawing on the expertise and knowledge built up as a result of our intervention in Sierra Leone. I too pay tribute to the DfID staff for their work on this.

However, as David Miliband from the IRC has said, this outbreak is getting worse,

“despite a proven vaccine and treatment”.

Of course, as the Statement acknowledges, one of the major barriers to delivering the response is the breakdown of trust in the affected community. We have heard from agencies on the ground that one of the major difficulties is that the actors involved in the Ebola response are the very same people who have played a long-standing role in the ongoing conflict in the region. In terms of our response, the priority must be to address this issue.

Given that, can the Minister tell us more about how we are building trust with the Congolese community in terms of their accepting the response that is needed? One clear lesson from the west Africa outbreak, particularly in Sierra Leone, was the role of community engagement. All too often it is regarded as being a soft and relatively non-technical add-on to medical interventions. However, I was pleased to hear the Secretary of State in the other place talk about engaging with political leaders to dispel the myth that Ebola is somehow fabricated.

However, we are addressing other barriers as well. Certainly, the mobilisation of the community should be centre stage in our response in ensuring that we are able to help members of the community protect themselves, particularly in terms of safe burial practices and so on. Can the Minister say whether we are able to work with NGOs on building that community response? What plans do we have to directly fund the NGOs currently operating in the affected areas so that they can continue their work?

The point about this response, along with the one in west Africa, is that it is set against a backdrop of chronically poor health and nutrition indicators that further impact negatively on the affected communities. Can the Minister tell us what steps DfID is taking to support the Congolese Government beyond the emergency response? How are we scaling up the nutrition programmes and how will we be able to strengthen the healthcare systems in such a difficult environment?

I hope that the Minister can update us on all of the programmes because while we may be able to halt the spread of Ebola, there is no doubt that if we do not address the fundamental issues of healthcare systems, this issue will keep coming back to haunt us.

[Baroness Northover (LD)]

My Lords, I too thank the Minister for repeating the Statement—a slightly different one from that which is available in the Printed Paper Office. I also thank those who have already responded in person to this incredibly dangerous situation. I cite in particular the ground-breaking work carried out by teams led by the former DfID chief scientific adviser, Chris Whitty, who is also at the London School of Hygiene & Tropical Medicine. Those teams have played an extraordinary part in turning around the epidemic in west Africa.

This situation is indeed extremely worrying. It was difficult and dangerous enough when we were engaged in Sierra Leone during that Ebola outbreak, but this is even more difficult because Ebola has struck in an area of conflict where suspicions are aroused by those who are seeking to help, thus undermining what they are able to do. The WHO has identified the main drivers in the continued rise in the number of cases as stemming from insecurity, poor community acceptance, delayed detection and late presentation. Does the noble Baroness agree that this means that cases staying in the community pose huge risks to members of the community as well as to those who seek to treat them?

The noble Lord, Lord Collins, is right about engaging the community. I note the use of the word “anthropology” in the second, rewritten Statement. That understanding in the west Africa cases led to a very different approach to how you engaged with the community.

Then there is the lack of funding. With inadequate funds coming to tackle the crises in Yemen, Syria and elsewhere, how will we make sure that adequate funds come through to tackle this crisis? Does the Minister note that the International Federation of Red Cross and Red Crescent Societies warns that it has enough funding to continue the safe burials required for only another two weeks, amid a $16 million shortfall and increasing infections? Is it receiving UK funding, and will this increase?

The Statement speaks of needing people “on the ground”. Many extraordinarily brave doctors and nurses from the UK volunteered to assist in Sierra Leone, making a decisive difference. Some, like nurse Pauline Cafferkey, almost paid with their lives. Those who went out were screened and trained, largely by UK-Med at the University of Manchester. Is that happening this time? Valiant efforts were made—for example, at the Royal Free—to support any staff, like Pauline, who succumbed to the disease. What support is being given to Sir Michael Jacobs and his team at the Royal Free if more cases present among British staff or the public?

The Ebola outbreak in west Africa gave a huge and welcome impetus to vaccine development. Could the Minister update us on where we are with this? Is the vaccine to which she referred the one developed at the Jenner Institute at Oxford University and supported by DfID?

UNICEF rightly flags the situation of children affected by the disease, either directly or indirectly when they lose a parent. We are much more aware now about the risks to children who lose their parents. How is this being tackled?

I note the changes between the first and second versions of this Statement, especially on what the UN, WHO and US are doing, with possible input also from the London School of Hygiene. It is exceptionally important that we work with all international and national bodies, as we did in a quite remarkable way in west Africa. In even more difficult circumstances, we need that again. I look forward to hearing the Minister’s response.

Sri Lanka

Debate between Lord Collins of Highbury and Baroness Northover

Wednesday 24th April 2019 Lords Chamber

[Lord Collins of Highbury (Lab)]

My Lords, I thank the Minister for repeating that Statement, which I wholeheartedly agree with. I join with her in commending the work of the British high commission in Colombo and all of its staff, and that of the British Council. They have done tremendous work.

I welcome what the Foreign Secretary said about the assistance that the Government are ready to offer to the Sri Lankan authorities, whether on security and intelligence or helping with forensic services. This help is obviously even more vital after what the Sri Lankan Government confirmed today: that many of the bombers had international connections, having lived or studied abroad, including in the United Kingdom.

There is no doubt about the horrendous impact that this has had on Sri Lanka. Hospital services in a number of cities across the country have certainly been over- whelmed by the number of individuals injured in the attack, with many still fighting for their lives. Could the Minister tell us whether the UK has had any requests from the Sri Lankan authorities to provide assistance with medical support, or have we offered to do so?

Undoubtedly, questions will need to be answered and lessons will need to be learned. But as we showed earlier, the time now is for this House and this country to stand with the people of Sri Lanka, who have lost so many loved ones, and with those from around the world who have suffered a similar loss, to express our shared solidarity and grief at the devastation they have suffered. My thoughts especially go to my noble friend Lord Bradley and his family, who lost his sister and brother-in-law. The wonderful public service of Bill Harrop and Sally Bradley were so movingly recorded on the radio yesterday. I think all of us would have been touched by their story.

With the Foreign Secretary’s commitment for the UK to help Sri Lanka with whatever it needs, does the Minister agree that the world, and not just Sri Lanka, may need to reflect on the learnings that come out of any investigation, particularly when it comes to the persecution of faiths? As we know, the noble Lord, Lord Ahmad, has a special responsibility for freedom of religious belief. I hope the Minister will be able to discuss with him how he can take this work to all our allies, including the United States, and to renew it with even greater vigour. We in this country and the West in general must do our part to help Sri Lanka to recover from this horror by continuing to visit that beautiful country and showing that terrorists will not win.

[Baroness Northover (LD)]

My Lords, I thank the noble Baroness for repeating the Statement. From these Benches too, I express our deep sadness at this appalling atrocity. It is unbelievably awful that children in particular were clearly targeted. We too convey our condolences to the people of Sri Lanka, and to all those who have been affected, including the noble Lord, Lord Bradley, who has lost his sister and his brother-in-law.

These events have global roots and global impact, and we surely must work internationally to counter the dehumanised thinking that underpins such events, whether in Christchurch or in Colombo or, indeed, in our own country, where one of the bombers may have studied. Given the history of Sri Lanka and the events of last year, what concerns does the noble Baroness have about the destabilising effects of this atrocity? What are the Government doing with others to ensure that, if there is relevant intelligence, it is treated with the seriousness it deserves?

Yemen

Debate between Lord Collins of Highbury and Baroness Northover

Wednesday 19th December 2018 Lords Chamber

[Lord Collins of Highbury (Lab)]

My Lords, I thank the Minister for repeating the Statement. Like my right honourable friend in the other place, I pay tribute to the Foreign Secretary for the time and effort he has put into addressing the terrible situation in Yemen. I also join in the tributes to Martin Griffiths and Mark Lowcock, who have, as the Minister said, worked tirelessly for both the peace talks and the humanitarian relief that is so necessary.

I greatly welcome the confirmation that a resolution is to be tabled this week at the Security Council. From what the Foreign Secretary said in the other place, it seems that on this occasion it will have the support of the United States, which of course is extremely welcome. As we have heard, initially the ceasefire agreement will apply only to Hodeidah. We all understand the reasons for this: the most urgent priority is to get the humanitarian support in. But can the Minister tell us a little more about the next steps? How do we broker a wider ceasefire? How are we brokering a wider political settlement for the country as a whole?

Obviously, the immediate priority is to foster the hope of peace and to get that urgent humanitarian support in, but we must not forget the issue of accountability, particularly for some of the terrible crimes that have been committed. Therefore, I very much welcome the fact that, as the Foreign Secretary said in the other place, the resolution will contain a reference to the obligation to act in accordance with humanitarian law, there will be timely investigations, and those responsible will be held to account.

No one could have been left unmoved by the harrowing investigation last week by the Associated Press into the use of child soldiers by the Houthi rebels. It is alleged that they have forced 18,000 children aged as young as 10 into service in the conflict. I hope that the Minister will share my concern that, if those authorities do not hold people to account, we should ensure that the United Nations conducts a fully independent investigation so that those who commit these crimes are fully held to account.

[Baroness Northover (LD)]

My Lords, I too thank the Minister for repeating the Statement. Of course, the United Kingdom has a responsibility here. It is the penholder at the Security Council, responsible for drafting and tabling resolutions and statements. There has been pressure on the United Kingdom to take action in relation to Yemen, and I am extremely glad that this is now happening.

As the Minister laid out, this is an absolutely desperate situation. Like the noble Lord, Lord Collins, I too pay tribute to Martin Griffiths and Mark Lowcock for their extraordinary efforts. It is encouraging to hear that both the Houthis and the Saudis have now reached a point where they want a solution. That obviously helps enormously. What progress is being made towards enshrining this agreement in a Security Council resolution? The noble Lord referred to that, but is he optimistic that it will be agreed? How then will the agreement be built upon, so that it can be extended to the rest of the country in the way that the noble Lord, Lord Collins, mentioned?

Both parties are meant to withdraw from Hodeidah within 21 days. What signs are there that they are preparing to withdraw? I realise that the key players who were in Stockholm do not necessarily have control over those on the ground, which further complicates matters. Will the United Kingdom supply members to the UN monitoring and verification teams? The Houthis have agreed to hand over maps of landmines in Hodeidah. Will the United Kingdom support any landmine clearance programme, as we have done in other parts of the world?

Does the Minister agree that the implementation of the detainee agreement is a vital confidence-building measure, affecting potentially thousands of families? Will the Government call upon all sides to stop the abuse, torture and disappearing of prisoners? Will the Minister update the House on any progress made on the issue of child soldiers, to which the noble Lord, Lord Collins, referred? Will he also explain what efforts will be made to ensure that women are actively included in the peace talks? I am sure he will agree that that is vital.

On Sunday, UN Secretary-General António Guterres warned that if Yemen’s humanitarian situation did not improve, at least 14 million people would need food aid in 2019, which would be 6 million more than this year. With that number needing food aid and the 24 million whom the noble Lord referred to as needing humanitarian assistance generally, what prospects are there of good access to these people, most of whom are civilians? I look forward to the Minister’s response.

Sanctions and Anti-Money Laundering Bill [HL]

Debate between Lord Collins of Highbury and Baroness Northover

Ping Pong (Hansard): House of Lords
Monday 21st May 2018 Lords Chamber

[Baroness Northover]

My Lords, I will address the principles of this. The proposal was narrowly defeated in the Lords and has been debated for many years. Personally, I was delighted by the coalition across the parties in the Commons on this issue and I commend the Government on recognising that coalition. I especially commend the noble Baroness, Lady Stern, my noble friends Lady Kramer and Lord McNally, and others on their long fight on this issue. The transparency of public registers of beneficial ownership is the key issue and it will bring change. I have seen the positive effect of the unexpected spotlight provided, for example, by the Panama papers in some of the areas on which I focus in Africa. I have seen steady change and I welcome the decision to adopt public registers of beneficial ownership in the United Kingdom. London has not collapsed: Brexit may do more damage. I have seen the effect that bribery legislation in the United States, Europe and elsewhere has had on companies trading around the world and I have seen the change as a result, which we will see here too.

I recall some saying that the Bribery Act would differentially damage UK business. Ken Clarke saw those people off and rightly so. The noble Lord, Lord Naseby, did his right honourable friend Andrew Mitchell a disservice: he worked for many years in banking and spent many years supporting international development, so he does know both sides. Therefore our position is that we do not support the amendment of the noble Lord, Lord Naseby, for the reasons I have given of that change occurring across the world over time: it is very beneficial and if the overseas territories are concerned about losing that business then it is probably, as the noble Lord, Lord Anderson, indicated, business that they should not wish to have.

[Lord Collins of Highbury]

My Lords, I might as well begin by declaring what is not really a direct interest. My father was born in Bermuda and his father was born in Bermuda, so I think that entitles me to go and live there at some point and not have to deposit the $30 million that I think is currently needed if you want to live there. It is a very nice island, and I do love it and I love its people.

This debate is a reflection of constitutional concerns. There are concerns over the rights of people to determine their own laws and no one can disagree with that. But it is also a very strong moral debate, because we know that developing countries lose three times as much in tax avoidance as they get in all the international aid that is available to them. That is the scandal of this world we now live in. The Paradise papers and the Panama papers highlighted just how much of an issue this really is, and that is why we have such huge public concern. If we want to break the business model of stealing money and hiding it in places where it cannot be seen, transparency is the answer. I agree completely with the words of David Cameron in 2013 when he spoke about ripping aside “the cloak of secrecy” and repeated the well-known mantra that “sunlight is the best disinfectant”. I think that that commitment by David Cameron in 2013 is what this debate is about.

Last week, I had the opportunity of meeting the Prime Minister and Leader of the Opposition of the British Virgin Islands. They made their case very strongly to me about their concerns over this amendment. However, whatever position you are taking constitutionally, no matter what the concerns are, there is one thing that everyone agrees on, and that is that the scandal of money flowing out of countries and being hidden is something that has to stop. The Prime Minister of the British Virgin Islands acknowledges that transparency is important. We have heard about the actions of Bermuda and other places. David Cameron was actually trying to change the global position, to get to a position where we would have global agreement on addressing this issue.

How do we get global agreement? David Cameron believed it was by giving a lead. There is an issue here about reputation and being able to influence things. While we are in the European Union and saying, “You’ve got to ensure that all territories within the European Union comply with this”, and when we are in other global fora, we should be able to say that we will be acting on this. We know that the excuse of the overseas territories is often used by others to say, “If you’re not doing it there, why should we do it here?”. That is something that we have to address.

I absolutely understand the need to ensure that all the territories have the proper opportunity to consider this, but this is something that they have been acting on for some time. I respect the Minister’s undertaking to ensure that they have the necessary means as well as the necessary policy and advice.

Iran Nuclear Deal

Debate between Lord Collins of Highbury and Baroness Northover

Wednesday 9th May 2018 Lords Chamber

[Lord Collins of Highbury (Lab)]

My Lords, I thank the Minister for repeating that Statement. Of course, as every independent inspection has confirmed, the nuclear deal is working; Iran is complying in full, so to suggest otherwise is simply false. On the back of the success of this deal we also have a platform to make real progress on the issues the Minister referred to: in particular Iran’s ballistic missile programme, its regional activities and its human rights record. In the other place Boris Johnson said that the US has decided that there is another way forward. I welcome the Minister’s commitment to get from the US exactly what that way forward is and what it means for international peace and security. The Minister also referred to the fact that there are signatories to this international agreement. One of the sad things about this is that the opinions of those in Iran who shout, “Never trust the West” will be reinforced by this decision.

Alistair Burt said on the “Today” programme that the UK strategy was to de-escalate and hold to the agreement, as the Minister said. However, that requires Britain, the EU, China and Russia to act in concert. Can the Minister tell us exactly how we will work in concert with them to urge Iran not to respond in kind to this confrontational act, but to work with all the signatories to the international agreement? Not least, how will we work with partners in the agreement to ensure that firms trading with Iran do not face financial penalties? We need to ensure that this agreement holds; we can only do that by working collaboratively with every signatory. I hope the Minister will be able to tell us just what the Foreign Secretary is doing to work with our EU allies, Russia and China.

[Baroness Northover (LD)]

My Lords, I too thank the noble Lord for repeating the Statement and welcome the fact that it is refreshingly frank and clear. On these Benches we share the widespread and huge concern over Donald Trump’s decision. We share the view that the JCPOA—to quote the Statement—remains “vital for our national security and the stability of the Middle East”. It is indeed ironic that the agreement with Iran is being jeopardised at exactly the same time as attempts are being made to de-escalate matters in North Korea. The Iran nuclear deal was hard-fought for; I pay tribute to our fellow Member of the House of Lords, the noble Baroness, Lady Ashton, for her determination in seeing this through when others thought it was not possible. I am glad this is an area in which we are in lockstep with our European partners. Will the Minister say more about how we will make sure that Germany, France and the United Kingdom speak with one voice, and that China and Russia are in lockstep as well? If we are to stop Iran from walking away, that is surely vital.

Does the Minister agree that this situation plays into the hands of the hardliners in Iran, as the noble Lord, Lord Collins, has indicated? What assessment has been made of that? Does he agree that this is an incredibly dangerous time in the Middle East, with so many countries involved in Syria as well as a series of key anniversaries coming up? Could he confirm that the Government believe Iran was indeed in full compliance with the agreement and that this is indeed the view of the International Atomic Energy Agency? Does he agree that, if the United States or Israel had any evidence to the contrary, they needed to report that to the International Atomic Energy Agency?

What action is being taken to liaise with the US Administration, who clearly include some returning hardliners as well as most who have no influence whatsoever over the President? What discussions are occurring with Iranian officials? What plans are being made to tackle Iran’s potential development of nuclear weapons should the JCPOA collapse? Is there any clarity over whether UK companies would face legal proceedings in the United States if they remain involved in Iran—and what is being done to support them? What happens if they are in consortia with American companies or American parts in their supply chain? What happens if Iranian oil is removed from the global market? How are we addressing the impact of that? Can the Minister also comment on Saudi Arabia’s role? What assessment is being made of the risk that, should Iran pull back from this deal, Saudi Arabia will wish to proceed with its own nuclear programme?

This is a crisis where, once again, we see the enormous importance of our EU partners. Does the Minister agree that it is vital that this continues?

Sanctions and Anti-Money Laundering Bill [HL]

Debate between Lord Collins of Highbury and Baroness Northover

Report: 1st sitting: House of Lords
Monday 15th January 2018 Lords Chamber

[Baroness Northover (LD)]

My Lords, I support what the noble Lord, Lord Pannick, said. I welcome, as did he, the moves from the Government in this part of the Bill. I shall speak to Amendments 2 and 5 in my name as well as supporting Amendment 3 in the name of the noble Lord, Lord Collins, myself and the noble Lord, Lord Pannick. Our criticism of the Bill in Committee focused on the way in which Ministers were being granted wide powers unchecked by Parliament. The Minister has made moves to address this at certain points in the Bill but we still do not think that the sanctions for foreign-policy objectives are tightly drawn enough. We made the case in Committee as to how this might be abused, and we still seek reassurance. An amendment that would undoubtedly help is Amendment 3 on the definition of the purpose of sanctions, which has been very effectively summarised by the noble Lord, Lord Pannick. We feel this very strongly, and it is surprising that such a definition is not already in the Bill. In our view it is also important that the purpose should include preventing the violation of sanctions regulations, and that is the other amendment here. As the noble Lord, Lord Pannick, has indicated, if the noble Lord, Lord Collins, chooses to vote, we will support him.

[Lord Collins of Highbury (Lab)]

My Lords, I am particularly grateful to the noble Lord, Lord Pannick, for his comments. He has set me a test here: normally I rely on his powers of persuasion and arguments rather than my own, but on this occasion I will take up the challenge and hope to persuade the Minister why Amendment 3 is important. I was rather hoping that the noble Lord, Lord Faulks, would jump up before me; I am sure he will jump up after me, because he made comments about this in Committee.

I stress that this is not just about adding words for words’ sake; it is not just about being nice, kind and positive. These words are very important in one vital respect. The Bill—we have heard much criticism of this—is heavily reliant on regulation and the Executive taking powers. We have received many assurances from the Minister that they will use these powers wisely and that Parliament will anyway have the opportunity properly to scrutinise secondary legislation.

These words are important because, when Parliament scrutinises secondary legislation, it must know what it is judging the Government’s actions against. It cannot have vague definitions. I heard what the noble Lord, Lord Faulks, said in Committee: that we do not want to limit the powers of the Executive when it comes to foreign policy matters. These words do not limit, they enable. They enable Parliament to do its job of properly scrutinising regulations proposed under the Bill. Is it meeting the clear objectives that we set ourselves, which we all share, particularly, as the noble Lord, Lord Pannick, said in relation to human rights?

The Minister assured the Committee that the Government,

“do not take their human rights responsibilities lightly … 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”.—[Official Report, 21/11/17; col. 123.]

That is a powerful argument why we should include these words, because it is about being consistent in future. If I were to be slightly partisan—and I am not usually in these matters, as the Minister knows—there have been doubts about the Government’s commitment, and certainly that of the Conservative Party, to the European Convention on Human Rights, and I want to put it beyond doubt that we are wholeheartedly committed to this vital element of our foreign policy. It is, as the Minister said, the cornerstone. I very much hope that he will think hard about accepting the amendment. It would not cause too much pain, because he is already committed to the principle. It is about how these words can help future scrutiny. If he is unable to accept the amendment, I will certainly wish to test the opinion of the House.

--- Later in debate ---

[Lord Collins of Highbury]

My Lords, this issue is going to be picked up in a later group, so I do not want to detain noble Lords too much on this particular group. Suffice to say that what we have responded to, following Committee, is the concerns of a number of NGOs in relation to their ability to undertake humanitarian work. What the NGOs are seeking from the Government is clarity. We have had discussions with UK Finance, and the amendments under group 9 are where we should focus the debate. Rather than detain the House with comments on this group, I will reserve them until we come to the later group. I beg to move.

[Baroness Northover]

My Lords, indeed this deals with some of the complexities faced by those operating for good reasons in areas where sanctions bite, and we will be returning to these issues in a later group. We will then talk about guidance and how to ensure that it is easier for financial institutions to derisk.

Amendment 39 in my name is about the mutual recognition of licences and streamlining humanitarian licensing, while Amendment 42 deals with the problems that NGOs may run into if multiple authorisations are required. Amendment 43 is about reporting, because if there is a requirement for parliamentary reporting, that assists in terms of highlighting the issues that NGOs are running into. As I say, we will be returning to these issues in a later grouping.

Sanctions and Anti-Money Laundering Bill [HL]

Debate between Lord Collins of Highbury and Baroness Northover

Committee: 4th sitting (Hansard): House of Lords
Tuesday 12th December 2017 Lords Chamber

[Lord Collins of Highbury (Lab)]

My Lords, I will wait a moment while the Minister gets into his listening mode. This amendment picks up points which have already been addressed in Committee relating to the principles of parliamentary scrutiny. Your Lordships’ Constitution Committee said that,

“given that the purpose of the Bill is to address the need for domestic powers to impose, amend and revoke sanctions after Brexit, it is important to ensure that there are sufficient safeguards and there is adequate parliamentary scrutiny to make the delegated powers constitutionally acceptable”.

I know that the Minister will say: “We are doing precisely that. We are using the affirmative procedures”. This probing amendment seeks to increase the level of parliamentary scrutiny so that powers cannot be used until there is a positive vote by Parliament. It is important that we do not walk blindly into a situation whereby we give the Executive powers that cannot be amended, considered or changed. The Minister may say that the necessary scrutiny powers will be used and that they are in the Bill, but why does he not accept that we need the highest possible level of scrutiny? Therefore, I seek from him an assurance that these new powers will not be used and that draft orders will not come into force until there is a vote of Parliament at the highest level.

I certainly accept that there is a need for speed and for delegated powers, but I hope that the Minister will tell us the specific circumstances in which the existing arrangements are not sufficient, and why there needs to be a speeded-up process that does not rely on primary legislation. We have tabled other amendments that we shall discuss later in Committee but I hope that the Minister will explain exactly why he thinks these new powers are necessary without these improved levels of scrutiny. I beg to move.

[Baroness Northover (LD)]

My Lords, I support the noble Lord, Lord Collins. I wish to speak also to Amendment 75A, which stands in my name and that of my noble friend Lady Sheehan.

We clearly have an international obligation to agree UN sanctions, which, of course, we play a part in agreeing at the UN. It is when we come to sanctions that do not fall under that heading that we must be especially careful about what we leave simply in the hands of Ministers to decide. The noble Lord, Lord Collins, has made that case. Our Amendment 75A would add Clause 16 to those which must be covered by the affirmative procedure. That surely should be the least that should happen. The noble Lord will have heard the debate on Clause 16. The noble and learned Lord, Lord Judge, described this clause as “lamentable”. It gives the power to a single Minister, by regulation, to create criminal offences for conduct that contravenes laws made by secondary legislation. I am sure that we will come back to this on Report. Our Amendment 75A would place a small check on this power, and I therefore commend it to the Minister.

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[Lord Collins of Highbury]

My Lords, in this group of amendments we are trying to address an issue that we have discussed before but in a way that improves not only accountability but responsibility. Amendment 84 states that the Secretary of State must lay a report before Parliament on the adequacy of the implementation and enforcement of current legislation on sanctions, money laundering and terrorist financing in the Crown dependencies and overseas territories. It requires also that the Secretary of State must consult on whether any further legislative changes or enforcement powers are needed in connection with these territories. Amendments 82 and 83 are also probing, designed purely to raise a debate on the adequacy of the implementation and enforcement of current legislation on sanctions, money laundering and terrorist financing in the overseas territories, the Channel Islands and the Isle of Man.

The Minister has, on previous occasions in Committee, stated that the overseas territories are separate jurisdictions with their own democratically elected Governments. They are not represented in this Parliament and so it has been only in exceptional circumstances that we have legislated for the OTs without their consent. These amendments are of course not about imposing legislation. They are about questioning whether we are meeting our responsibilities and whether we are satisfied with our collective responsibility. The one area in which the overseas territories do comply is foreign policy, and in particular UN sanctions. They do not have a choice about that; they have to meet the obligations that the United Kingdom does.

I want to focus on collective responsibility. I promised the Minister that while I was sitting here I would try to start reading the anti-corruption strategy, and it is worth reading some of it out. Tackling corruption is in the United Kingdom’s national interest. It helps to keep us safe from threats to our safety and security from organised crime, terrorism and illegal migration, and from insiders who exploit their position to access assets for malign purposes. It is our global reputation and global responsibilities that are at stake. These amendments seek to ask whether we are taking those responsibilities seriously in respect of the overseas territories, the Channel Islands and the Isle of Man.

These are not domestic issues. They are not about local finance arrangements. I did say previously in Committee that if the financial services are to thrive, they need to have public confidence. That is what has been stated and why we want to take the lead globally. We know that our reputation as an international financial centre is dependent on people having confidence in it. That responsibility is particularly important in relation to anti-money laundering and the threat from international terrorism. If illegal activities take place in respect of one form of activity, you can bet your bottom dollar that they will be taking place in respect of other activities. That is the real threat that we face.

These amendments are a reasonable request in terms of the overseas territories. They are not necessarily abrogating the other demands that we have been making but seek to ensure that in our global responsibility in the fight against international crime, we have taken all the necessary measures to ensure that we can defend not only our security but that of the overseas territories. I beg to move.

[Baroness Northover]

My Lords, Amendments 82 and 83 ensure that the Act extends to the overseas territories and Crown dependencies, as we have heard, and that regulations in the Bill may be extended to those areas. Amendment 84 makes it clear that the provisions relate not only to sanctions but to money laundering. We had an extensive discussion about this in the previous sitting. These amendments would certainly move us forward, but my question to the noble Lord, Lord Collins, is this: is this strong enough when he states that he seeks to ensure that, “applicable legal frameworks” are,

“sufficiently robust to achieve the objectives of the relevant legislation across the United Kingdom, the Crown Dependencies and the British overseas territories”?

It strikes me that we are not yet in a position where the Crown dependencies and the British Overseas Territories are in the same place as the UK.

The noble Baroness, Lady Stern, and others made a strong case in our previous sitting that it is time to move the matter forward and align the Crown dependencies and British Overseas Territories with the stronger position that we have in recent years secured in the UK. In new subsections (8)(b) and (8)(c), in Amendment 84, we would wish to see that strengthened. Certainly, it is useful to have a report, but we would wish the provisions here to be stronger on the anti-money laundering front. That said, this is clearly an improvement on the current Bill, which is permissive in regard to these areas rather than stating the changes we wish to see.

[Lord Collins of Highbury]

I just want to reassure the noble Baroness, Lady Northover, that simply tabling these amendments does not diminish our support for other necessary changes, particularly in relation to the overseas territories. We want the Minister to say why these bare minimums are not necessary. It is about moving the debate forward; it is not back-tracking. As I said in my opening remarks, we are not saying that this is somehow preferable to some of the other amendments we have moved, but it is a way of holding the Minister to account. He has to explain why he thinks the current arrangements are satisfactory, and say why such a report would not be appropriate, so that we can operate a policy in line with the strategy published yesterday.

[Baroness Northover]

I thank the noble Lord for that clarification, which is very helpful.

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[Lord Collins of Highbury]

My Lords, the purpose of this amendment is to try to reflect a lot of the debates and discussions we have had in Committee. At Second Reading many noble Lords, myself among them, said that the Bill was necessary. In the event of Brexit we need to ensure that we can meet our international obligations and treaty obligations; it is a necessary Bill in the event of Brexit and we certainly would not oppose it. I will repeat the words of the noble and learned Lord, Lord Judge—although I do not want to stop him intervening and making this point—who described the Bill as,

“a bonanza of regulations”.—[Official Report, 1/11/17; col. 1400.]

In Committee he suggested that it should be renamed the,

“Sanctions and Anti-Money Laundering (Regulation Bulk Buy) Bill”.—[Official Report, 21/11/17; col. 107.]

That sums up many of the concerns expressed by noble Lords across the Chamber.

This is and should be necessary in terms of meeting our obligations. However, we need to be able to be in a position to assess just what sort of impact leaving the European Union will have. We are giving the Executive substantial powers; we are not sure quite how those powers will be used, and I hope that the Minister will come back with proposals on a number of suggested amendments. However, in light of all the concerns that have been expressed, the Bill should be revisited—and revisited after a period of time. The time we suggest of five years is adequate to ensure that we meet our international and treaty obligations. However, we do not know—this comes back to the point I made earlier—about the “known unknowns”. The known is that we will leave the EU; the unknown is precisely what the consequences will be—what we need to do.

At Second Reading and in Committee we addressed the issue of mechanisms to ensure co-operation with our European partners and allies. The Minister has repeatedly said, “We will do this, we will be that; we’re not leaving Europe, we’re only leaving the EU”. How do we assess that? How do we know? The important element of the Bill, which is why this clause and this amendment are so important, is that the known unknowns can be properly addressed after a due period of time so that we can come back and say, “Yes, this is adequate”, or, if it is not, the Government—of whatever complexion, whoever is in power in five years’ time—will be required to revisit these issues properly in the light of all the consequences of leaving the European Union. I beg to move.

[Baroness Northover]

My Lords, I support the amendment. As the noble Lord, Lord Collins, indicated, we have heard enough during the debate on the Bill to know that much needs to change in it. The noble Lord proposes a sunset clause for the Bill—in that way it will not be on the statute books in perpetuity—and I like the notion that it breathes its last in five years and simply expires.

Meanwhile, the Government can work out their relationship with the EU—and where, in the light of that, legislation is required—and develop appropriate primary legislation both on the UK’s sanctions regime and anti-money laundering measures, which can be properly scrutinised in Parliament.

I note that the noble Lord, Lord Collins, said, “in the event that we leave the EU”. There is indeed a question mark about this and what our relationship with the EU will be if we do. So it is no wonder that drafting the Bill was a difficult challenge.

A sunset clause is a useful backstop. However, as the noble Lord, Lord Collins, and others made clear, it still leaves in place a flawed Bill that we will need to address further on Report.

Visit to Oman, UAE and Iran

Debate between Lord Collins of Highbury and Baroness Northover

Monday 11th December 2017 Lords Chamber

[Lord Collins of Highbury (Lab)]

My Lords, I thank the Minister for repeating the Statement. I recognise the huge effort that the Foreign Secretary has put in in recent days on these issues.

I start with the case of Nazanin Zaghari-Ratcliffe. I am very pleased, as I think all Members of this House are, that the Foreign Secretary met her husband, Richard Ratcliffe and spent the weekend seeking to secure her release. Everyone in this House will wish the Foreign Secretary every success in his endeavours to ensure that she is returned to her family without delay. While I appreciate the Foreign Secretary’s statement that he did not wish to give a running commentary, could the Minister indicate whether meetings were held in Iran with those with the power to change the fundamentals in Nazanin’s case, including representatives of the revolutionary courts, the Interior Ministry or the Ministry of Justice? Of course, the Foreign Secretary rightly says that Nazanin’s is not the only consular case of concern in Iran. Was the Foreign Secretary able to make concrete progress in securing the release of Kamal Foroughi and in the other consular cases referred to in the Statement?

Many in this House were concerned at reports from the BBC World Service about the intimidation of Persian Service journalists and their families by the Iranian authorities. What representations had been made to the Iranian authorities before the visit, when these concerns were raised? If we did make those concerns known, did we receive a response prior to the visit and did the Foreign Secretary get a response in Tehran?

On the Iran nuclear deal, the Opposition welcome the Foreign Secretary’s statement that Britain will continue to honour our side of the deal as long as Iran continues to do the same. However, as many noble Lords have said, it is not our commitment that is in doubt. What steps are the Government taking in working with our European allies to get the US back on board with the deal?

Turning to Yemen, I very much welcome the fact that as well as visiting Tehran, the Foreign Secretary visited the UAE, Abu Dhabi and Oman, and I appreciate that Yemen was high on the agenda there. What is the plan to get the blockades fully lifted and enable full access for humanitarian relief? What is the plan to secure a ceasefire agreement and make progress to a long-term political solution? Where is the plan for a new UN Security Council resolution, 14 months after the UK first circulated its draft? Last week, the UN Security Council cancelled the scheduled open meeting and instead ran one in private. While I appreciate that progress is often made behind closed doors, the people of Yemen have been waiting two years for any kind of progress to end the war and their suffering, which just gets worse. I hope that today the Minister, in the light of last week’s closed Security Council session, can update us and give us a more concrete idea about a definite road map leading to peace before thousands more die.

The Foreign Secretary said that in Iran he had very frank exchanges with the Iranian Government on Syria. Were any conclusions reached from these exchanges? Is there a more positive assessment of the prospects of a political solution to end the fighting in Syria? Is there any prospect of Iran withdrawing its support for the fighters there? Obviously, the UK and Iranian Governments have considered their red lines, but has the situation changed and have the relationships improved? And have the Government assessed the prospect of holding to account those who have committed the most horrendous crimes in the war in Syria?

[Baroness Northover (LD)]

My Lords, I, too, thank the Minister for repeating the Statement. I start by referring to the Foreign Secretary’s visit to Iran. I welcome the fact that the Minister’s right honourable friend made that visit, and it is surely right that we seek to improve the relationship with Iran. The nuclear deal, to which the noble Lord, Lord Collins, just referred, in which our colleague the noble Baroness, Lady Ashton, played such a key role, was a major milestone. Does the Minister agree that we undermine it at our peril? Does he hope that those around the American President will restrain him when he seeks to do so? Is this a point that his right honourable friend will make when he meets American colleagues in the new year? Does he agree that we need to work very closely with our European allies on this matter?

I am extremely glad that the Foreign Secretary raised the cases of our dual nationals in Iran. The House will know that I have raised the case of Nazanin Zaghari-Ratcliffe in your Lordships’ House on a number of occasions, and I am very glad that he urged the release of Nazanin and other dual nationals on humanitarian grounds. I am glad that he says that no stone will be left unturned; surely that is what is required. I sincerely hope that we will see Nazanin’s release imminently, along with other dual nationals, and I note the quiet dignity with which Richard Ratcliffe raises his wife’s case. Can the Minister assure us that his right honourable friend emphasised Nazanin’s dire health situation? Does he have hope that she might be reunited with her family in the UK for Christmas?

As we seek to normalise relations with Iran, what is the situation with regard to enabling the Iranian embassy here to open a bank account? What is being done to strengthen trading links?

As we all know, the Middle East is such a tinderbox, and it is therefore vital that we strengthen our relations across the region. In the light of that and of the unpredictable nature of the current American regime, might Oman or others in the region play a part in bringing peace in Yemen? Can the Minister update us on what the world can best do, given the terrible situation there? Also, what assessment have the Government made of the impact of the blockade against Qatar on the stability of the UAE?

In conclusion, will the Minister reiterate that his right honourable friend will indeed continue his focus on Nazanin Zaghari-Ratcliffe? We will all be looking for a positive resolution to her case.

Sanctions and Anti-Money Laundering Bill [HL]

Debate between Lord Collins of Highbury and Baroness Northover

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

[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.

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[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.

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[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.

Sanctions and Anti-Money Laundering Bill [HL]

Debate between Lord Collins of Highbury and Baroness Northover

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

[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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[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.

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[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.

Yemen: Humanitarian and Political Situation

Debate between Lord Collins of Highbury and Baroness Northover

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?

Hurricane Irma

Debate between Lord Collins of Highbury and Baroness Northover

Tuesday 12th September 2017 Lords Chamber

[Lord Collins of Highbury (Lab)]

My Lords, once again I express our deepest sympathies to the people whose lives and livelihoods have been lost to the devastation caused by Hurricane Irma. I join the Minister in paying tribute to all British personnel who are playing such a critical part in leading the relief effort.

I also welcome the Government’s approach in keeping Parliament informed of the UK’s response to the hurricane. In this House last week, we had a debate in Grand Committee in which the noble Lord, Lord Bates, was able to give us an immediate update on what the Government were doing. This was followed on Friday by a PNQ, to which the noble Earl, Lord Courtown, responded.

Whoever replies to this matter, what is clear is the requirement for a fully co-ordinated response from the key government departments, particularly the FCO, DfID and the MoD. Of course, the reports that we have received have made reference to emergency meetings of COBRA, one chaired by the Defence Secretary last week and one chaired by the Prime Minister on Friday. I would be grateful if the Minister could indicate just how COBRA has improved co-ordination and our response time to this devastating hurricane.

I know how hard Ministers and civil servants have been working over the last week to respond. Today’s Statement, like last week’s, details all the actions that we have taken. However, we have also heard criticism, including from my noble friend Lady Amos, who felt that the response had been too slow. There has been criticism not just from this side of the House but, indeed, from the respective chairs of the Foreign Affairs and International Development Select Committees. I appreciate that the Minister has responded to Members of the other place, particularly on the prioritisation process for British citizens who need or want to be evacuated. I know that many Members of Parliament have raised that. However, the key issue is what the Government are doing in the meantime to guarantee their safety, shelter and security.

We heard about the emergency situation in the British Virgin Islands following a prison break-out and about the Marines going in to restore order, but what support is being offered to the overseas territories to help their Governments re-establish some basic command and control systems to maintain law and order, particularly where it is threatening to break down, and to put in place emergency plans to stop the causes of preventable, waterborne diseases before they begin to spread? The priority must be addressing people’s needs in these affected areas.

Climate change is making these types of hurricanes more intense and more frequent. We urgently need a long-term plan for the overseas territories that is built around resilience and sustainability. There is value in cross-learning and development between islands. I would be grateful if the Minister could confirm that this issue will be a priority for the joint ministerial council and the Overseas Territories Consultative Committee so that lessons are learned, ensuring that we are better prepared in future. There is no doubt that sharing best practice in these committees could deliver vital, important results.

We need to guarantee that there will be a sustained commitment to reconstruction. It is not just about this week; it is about a longer term future and building sustainability in the long term.

[Baroness Northover (LD)]

My Lords, I thank the Minister for repeating this Statement. From these Benches, we also express our sympathy to those whose lives have been so devastated by the hurricane. I commend the efforts of those who are assisting. As the Minister said, more than half a million British nationals have been affected.

Clearly, this is an area which is prone to hurricanes but this hurricane was, as he said, one of the most powerful ever recorded. That said, there were clear warning signs. For some time it was tracked across the Atlantic and its very severe risks were known. It is, therefore, puzzling as to why we were so tardy in our response, compared to the Dutch, the French, the Americans and other national Governments. It is also surprising that, initially, our offer of assistance was so limited and it is still at a level which does not seem commensurate with the damage caused. Perhaps the Minister could comment on this. There are varying reports of what RFA “Mounts Bay” was able to achieve. HMS “Ocean” will take more than a week to come from the Mediterranean.

At the request of the right honourable Andrew Mitchell, in around 2012 my noble friend Lord Ashdown headed a commission to look at how we should deal with such disasters and the pre-planning required. After that, we led the world in this regard. So what happened here? As a former DfID Minister, I am really puzzled at the tardy reaction. It is concerning, too, to hear of possible turf wars between DfID and the MoD over what might happen and, of key significance, where funds would be channelled. I know that that can happen, and I realise that the MoD is under financial pressure. Clearly, security was—and is—required. What plans have been made in that regard, and what plans are there for rebuilding homes, schools and hospitals? Are we sure that adequate food, water and shelter are now there? Why did it take so long for COBRA to be put in place?

I found myself wondering if Brexit had been deflecting Ministers from all their other responsibilities. What happens when we leave the EU and are no longer able to support the ACP countries in which we have a particular, historical interest? I hope that this does not augur poorly.

I realise that we do not yet know whether this hurricane was so strong because of climate change, but the warmer sea suggests that that may have been a factor. In the light of this, will the Government reiterate their commitment to combating climate change—and have they conveyed this to the Americans?