Russia (Sanctions) (EU Exit) (Amendment) (No. 2) Regulations 2022

Lord Garnier Excerpts

Thursday 3rd March 2022 Lords Chamber

[Baroness Wheatcroft (CB)]

My Lords, I congratulate the Government on having gone further and faster than they had originally planned once the gravity of the situation became clear. Although this may be the largest ever package of sanctions from the UK, can the Minister explain to the House why there are so few individuals on our sanctions list compared with the EU’s? Why, in a particular spirit of generosity, are we allowing 18 months from when the legislation comes into effect for those who wish to sell their houses and get the proceeds out of the country to do so?

[Lord Garnier (Con)]

My Lords, I agree with the noble Baroness’s last remark. I was on the Joint Committee on the Draft Registration of Overseas Entities Bill, which sat in 2019. Clearly, 18 months is far too long if Clause 3 of the Economic Crime (Transparency and Enforcement) Bill is to have any immediate effect.

Is there any possibility of having a look at the enemy aliens Act of 1914? Of course, this is not an exact parallel, but there may be suitable provisions within that old legislation, which was renewed in 1919 after the end of the First World War. Could my noble friend’s officials perhaps look at this legislation to see if there are any useful provisions which could be modernised and brought forward to be of value nowadays—accepting that the United Kingdom is not “at war” with Russia?

While the measures which my noble friend has just announced are hugely valuable, there are three groups of people on whom we need to apply pressure, given that the Ukrainians are actuarily unlikely to win a fighting war, brave as they are and incredible as their resistance has been so far.

First, when the ordinary Russian public are queuing for bread in Moscow because the Russian economy has collapsed, they will begin to wonder why and they will begin to ask why Russian state television and other state-controlled media operations have been less than candid about why the Russian army has gone into Ukraine, its level of success and the number of their children who have been killed. I understand that the Russian army moves, when it can, not just with armoured vehicles, artillery and infantry but with mobile crematoriums, so that the soldiers who are killed are immediately disposed of and the Russian public do not get to know about the huge numbers who have been killed.

Environment Bill

Lord Garnier Excerpts

Report stage
Wednesday 8th September 2021 Lords Chamber

[Lord Hope of Craighead (CB)]

My Lords, I spoke in support of the amendment in Committee, and I think it is right that I comment on the slightly changed amendment before us. I support it entirely and there are elements in it I would have thought the Government would welcome, particularly proposed new subsection 8A(b), where the court has to have regard to

“the likelihood that the grant of a remedy would cause”,

among other things,

“any detriment to good administration.”

This is a very carefully drafted amendment. It has all the elements one would expect to find in a Bill dealing with the subject we are concerned with. It is also looking at the interests of justice, which any court would want to do in any case. I support the amendment.

[Lord Garnier (Con)]

My Lords, we are all being very diffident this evening. I apologise because I did not speak at Second Reading or in Committee on this Bill, but I am as concerned as my noble friend Lord Duncan and the two noble Lords on the Cross-Benches about the way this Bill is going to deal with this particular subject. Unless this amendment is made to the Bill, we will be the poorer for it.

[Lord Thomas of Cwmgiedd (CB)]

My Lords, I spoke to and signed the amendment in Committee. I entirely support the new wording. I said in Committee that the judges could be trusted. The Government might have had a little doubt about some of it but, with the changes to the clause, I cannot see what greater protection any Government could legitimately seek.

Myanmar (Sanctions) Regulations 2021

Lord Garnier Excerpts

Monday 7th June 2021 Grand Committee

[Lord Garnier (Con)]

My Lords, I begin by thanking my noble friend for opening the debate so clearly and with such conviction. I also refer to my interests in the register and, in particular, to my practice at the Bar involving cases to do with international human rights and sanctions law, as well as my recent appointment to the Taskforce on a Transatlantic Response to Illicit Finance, launched by the Royal United Services Institute only today.

These regulations are further evidence of a much-needed new approach to how the United Kingdom deals with regimes abroad whose activities offend the most basic of human rights and rule of law obligations. In permitting the Government to designate particular individuals, as opposed to countries or Governments, and to have a direct impact on their personal finances and ability to travel, they will have a direct effect on the people who lead the Governments or regimes through which and in whose name the abusive and criminal behaviour is carried out.

These regulations also reflect what the United States is doing. The Department of the Treasury’s Office of Foreign Assets Control, or OFAC, is adding regulations to implement a Burma-related executive order introduced on 10 February 2021. OFAC intends to supplement these regulations with a more comprehensive set, which may include additional interpretive and definitional guidance, general licences, and other regulatory provisions.

Clearly, sanctions regimes work better if conducted multilaterally and not just by one country, no matter if that one country is the United States, but it would have been unthinkable to do nothing in the face of the widespread evidence of serious human rights violations perpetrated by the Myanmar security forces following the recent military coup. Prior to the coup in February, the UN independent international fact-finding mission had established consistent patterns of serious human rights violations and abuses in Kachin, Rakhine and Shan states and attributed responsibility to the Myanmar security forces, particularly the military. Atrocities committed by the Myanmar security forces include systematic burning of Rohingya villages, massacre, torture, arbitrary detention and targeted sexual violence.

These regulations give the Government the authority to designate particular individuals and to subject them to the restrictions listed in them; they do not identify the designated people. The sooner that the Government put into the public domain the names of the generals or other government leaders in Myanmar who have been found to have been responsible for the human rights and other abuses, the more effective the sanctions will be. I hope that my noble friend will shortly list the individuals caught by these sanctions so that the people of Myanmar, as well as those outside it, know what we have done and against whom the sanctions will bite. It would also be useful to specify the targeted assets and their value so that we can all see that these people are not only murderers and torturers but kleptocrats as well.

Myanmar is a relatively small country, and its leaders are an easy target. Hitting its generals may cause them some inconvenience—although, like the noble Baroness, Lady D’Souza, I should be interested to know whether any of them actually has assets or bank accounts in London. However, until China and Russia and a number of other larger countries are persuaded that supporting corrupt and cruel anti-democratic kleptocracies in Asia, eastern Europe, the Middle East or Africa is not good for their economies or the personal fortunes of their leaders, we will make very little progress, welcome as this small step may be. While congratulating the Government on these regulations, I therefore encourage them to do more.

Integrated Review: Development Aid

Lord Garnier Excerpts

Wednesday 28th April 2021 Grand Committee

[Lord Garnier (Con)]

My Lords, I am grateful to the noble Lord, Lord Alton, for securing this debate and for the way he introduced it. Since the enactment of the International Development (Official Development Assistance Target) Act 2015, the Secretary of State for International Development—and now the Foreign, Commonwealth and Development Secretary—has been under a statutory legal duty to ensure that the United Kingdom hits the 0.7% of gross national income, or GNI, for official development assistance every year. That target is a relative figure, not an absolute one, as the noble Lord, Lord Hannay, pointed out.

The Secretary of State also has, by law, to make an annual Statement to Parliament reporting on the previous year’s performance. If it turns out that the 0.7% target has been undershot, the Statement must retrospectively explain why, referring if relevant to the effect of changes in economic and fiscal circumstances of any substantial change in GNI and the likely impact of meeting the target on taxation, public spending and public borrowing, or to circumstances arising outside the United Kingdom.

Until Parliament changes that law on the statutory duty, the Government must aim to hit it. They cannot deliberately aim off or fire blanks. They can say they intend to change the law or substitute another target, but until the statute is repealed or amended the Government are subject to that law. They cannot legitimise failure to hit a target by announcing in advance their intention to fail.

The Government, of course, know this. Speaking on the Statement on the recent spending review, my right honourable friend the Chancellor told the other place that, since the Government

“cannot predict with sufficient certainty”—[Official Report, Commons, 25/11/20; col. 870.]

what the “fiscal circumstances” will be, they will have to legislate to change the law. The Foreign Secretary said the same thing from the Dispatch Box the very next day. My noble friend Lord Ahmad recognised those obligations in your Lordships’ House and expressed the Government’s intention to remain within the law.

While accepting that for the Foreign Secretary deliberately to breach his statutory duty to meet the 0.7% target will not lead to his prosecution, it would none the less be unlawful and something for which he would be held accountable by Parliament. It would do neither his reputation as a lawyer nor the Government’s domestic or international standing any good to be seen once again to be flouting a clear legal obligation.

If the Government disagree with Prime Ministers May, Cameron, Brown and Blair and are not concerned about: sacrificing the United Kingdom’s moral authority; breaking a promise we do not need to break; presiding over the G7 while breaking one promise to meet another; or whether the 0.7% target is enlightened self-interest, the way forward is clear. I agree with my noble friend Lord Bellingham; the Government should change the law through Parliament and not break it out of convenience. I respectfully disagree with my noble friend Lord Balfe and the late Sir Edward Heath. We not only need to ask these questions, but to be—

[Lord Parkinson of Whitley Bay (Con)]

My Lords, I am sorry to interrupt my noble and learned friend, but we must again be strict with the time limit.

Russia: Alexei Navalny

Lord Garnier Excerpts

Thursday 22nd April 2021 Lords Chamber

[Lord Ahmad of Wimbledon (Con)]

My Lords, as the noble Baroness will be aware, the sanctions that have already been imposed on the individuals that I mentioned in my response to an earlier question were done in conjunction with our European Union partners. We continue to sustain those sanctions. I think the fact that Russia has taken note and looks to react to this shows the effectiveness of those tools. I repeat once again, and I know the noble Baroness agrees, that whatever we do with sanctions we must continue to work with our close allies, including those in the EU.

[Lord Garnier (Con)]

My Lords, I agree with the noble Lord, Lord Walney, and the noble Baroness, Lady Northover. I want to ask a question that is a variant of the one that I asked on Monday about Hong Kong: what practical and effective steps can the United Kingdom take, both alone and with our allies, to ensure that, first, Mr Navalny is not murdered or left to die in prison; secondly, that Russia’s nascent democracy is not snuffed out; and, thirdly, that the Russian Government are not tempted to distract from their domestic, political and economic problems by foreign adventures calculated to destabilise their neighbours?

[Lord Ahmad of Wimbledon (Con)]

My Lords, my noble and learned friend raises some important points. I assure him that the United Kingdom is taking actions quite directly, including, as I have alluded to, with sanctions, which include asset freezes and travel bans. We are acting with our key partners to ensure that a clear message is sent to the Russian state, most recently on 19 April. The Foreign Secretary issued a statement asking for the immediate release of Mr Navalny from detention. We are working through key multilateral organisations. The UK led a G7 statement. Today we are awaiting statements due to be issued as a response at the OCPW. There are OSCE statements today on Mr Navalny and media freedom, and a European human rights ambassadors statement today covering this issue.

Hong Kong: Pro-Democracy Campaigners

Lord Garnier Excerpts

Monday 19th April 2021 Lords Chamber

[Lord Ahmad of Wimbledon (Con)]

My Lords, there is no more I can add to what I have already said, but I assure the noble Baroness that the plight of everyone in Hong Kong, including the young generation, is at the forefront of our work and the actions we have taken in partnership with other countries.

[Lord Garnier (Con)]

My Lords, while I appreciate that shouting from the sidelines will not have any effect at all on the Government of China, will the Minister accept that these latest convictions and sentences exemplify the repression of human rights and the rule of law in Hong Kong? What practical and effective steps can we in the United Kingdom take, both alone and with our allies, to ensure that the position for the people of Hong Kong is improved?

[Lord Ahmad of Wimbledon (Con)]

My Lords, I agree with my noble and learned friend. Freedom and human rights, including the right to protest, continue to be suppressed in Hong Kong. On the further actions we can take, I believe it resonates with the Chinese authorities when we act in concert with our key partners, not least because they respond accordingly to the statements being made. While the impact of those actions might for the medium to long term, they are noticed not just in Hong Kong but in Beijing.

China: Convictions of Democracy Campaigners in Hong Kong

Lord Garnier Excerpts

Tuesday 13th April 2021 Lords Chamber

[Lord Ahmad of Wimbledon (Con)]

I will first share with the noble Baroness that the BNO passport route and applications for BNO are functioning smoothly and effectively. On her second point about those who do not qualify for BNO status, if there are specific individuals who raise issues of concern and security and claim asylum within the confines of the United Kingdom, we look at those cases directly and individually.

[Lord Garnier (Con)]

My Lords, I agree with the noble Lord, Lord Jordan, and the noble Baroness, Lady Kennedy, whose work in this field is hugely appreciated and acknowledged. Will the Government not only to make representations but, with our allies, to take real and practical steps to bring home to the PCR and the Carrie Lam Administration in Hong Kong that repression will not work? It makes them look ridiculous and should not be pursued.

[Lord Ahmad of Wimbledon (Con)]

I totally agree with my noble friend’s second point and I assure him that we are working directly with partners. He will be aware that on 9 January the Foreign Secretary released a statement with Australian, Canadian and US counter- parts on the mass arrests. On 13 March the Foreign Secretary issued a statement declaring a breach of the joint declaration. We continue to work with partners on further steps we may need to take.

Hong Kong Courts: British Judges

Lord Garnier Excerpts

Monday 22nd March 2021 Lords Chamber

[Lord Ahmad of Wimbledon (Con) [V]]

My Lords, I will not prejudge any announcement. It is important that we co-ordinate very closely with the Supreme Court. As the noble Lord will be aware, the role of the judges in Hong Kong is very much enshrined in basic Hong Kong law, under Articles 19 and 85, which guarantee their independence and freedom from interference. Those are important criteria and I am sure that, as I have already said, the Supreme Court is considering its position on this.

[Lord Garnier (Con)]

My Lords, does my noble friend agree that the rule of law and the permanent and non-permanent judges in Hong Kong deserve all the support we can give them, and that the British and Commonwealth judges should stay, unless the independence of the judiciary is compromised by, for example, its being asked to enforce laws that were no longer in accordance with the rule of law, or it is undermined altogether? As my noble friend is well aware, I have been critical of the PRC’s activities in breach of the rule of law and human rights, but will he accept that the removal of the non-resident judiciary would only please Beijing and damage the rule of law?

[Lord Ahmad of Wimbledon (Con) [V]]

I agree with my noble and learned friend, and other noble Lords who have spoken on this Question, that our judges, as well as those from other countries, play an important role in upholding the independence of the judiciary, which should continue to be free from any interference. As I have said, their role is enshrined in basic Hong Kong law and it is important that the Supreme Court makes the ultimate decision on the continuation of that role.

Mozambique: Militant Violence

Lord Garnier Excerpts

Wednesday 17th March 2021 Lords Chamber

[Lord Goldsmith of Richmond Park (Con) [V]]

My Lords, we are committed to supporting the Government and people of Mozambique to address, among other things, the conflict’s root causes. We do not see this as a purely military problem or an external problem. It is about marginalisation, poverty and the prospect of the arrival of massive gas income, which people worry they might not see. That concern has no doubt been exploited by Islamists. We are committed to continuing our work in Mozambique, tackling those root causes. I am not able to provide any figures yet in relation to the subsequent ODA allocations, but an answer will be forthcoming shortly.

[Lord Garnier (Con)]

My Lords, the Minister is precisely right that this is as much an economic problem as an aid problem, but the two are linked. Will he accept that an absolute and a relative reduction in our overseas aid budget will have a direct effect on our failure to deter insurgents from recruiting young, unemployed men in this province? That will have a direct, strategic impact on the political and economic stability of this Commonwealth country.

[Lord Goldsmith of Richmond Park (Con) [V]]

My Lords, as I said, the UK is working with the Mozambique Government to develop a coherent strategy on the conflict. That means addressing the root causes of conflict and extremism, creating economic opportunities and jobs for young people in Cabo Delgado and building community resilience to recruitment by extremist groups. On the broader issue of cuts to ODA, the UK economy is undergoing the worst contraction for three decades. Against that backdrop, we have had to make some hard choices, including temporarily reducing the ODA target from 0.7% to 0.5% of GNI. Despite that, we remain a world-leading donor and will spend more than £10 billion of ODA this year. We will return to 0.7% when the fiscal situation allows.

Hong Kong: Electoral Reforms

Lord Garnier Excerpts

Thursday 11th March 2021 Lords Chamber

[Lord Ahmad of Wimbledon (Con)]

My Lords, I agree with the noble Lord when he rightly describes those who stand up as true patriots who stand up for freedom, democracy and the will of the people. I have already addressed the issue of sanctions; as I said, it is one of the tools available to us, and we are leaving all the tools very much on the table.

[Lord Garnier (Con) [V]]

My Lords, the Government’s response to the Urgent Question says:

“There is still time for the Chinese and Hong Kong authorities to step back from further action to restrict the rights and freedoms of Hongkongers, and to respect Hong Kong’s high degree of autonomy.”—[Official Report, Commons, 10/3/21; col. 881.]


I know that my noble friend the Minister heard Nick Robinson’s interview this morning on the “Today” programme with the Minister from the Chinese embassy. Would he agree that Mr Robinson was a model of restraint as he listened to the risibly incredible answers to his questions? Does my noble friend agree that the Government of China could not care less about what the rest of the world thinks, and that they will pay attention only when we actually do something, as opposed to wringing our hands and saying, “It’s all dreadful but we’d quite like their trade”?

[Lord Ahmad of Wimbledon (Con)]

In terms of what we say publicly in strengthening diplomacy, restraint is very much a description of British diplomacy at its best. But I assure my noble and learned friend that the restraint is not demonstrated in any way through the options that we consider—as we have done in calling out the issue in Hong Kong—and we are not wringing our hands. We regard China as an important international player, and it is important that it seeks to remain, and retain its place, within the international community. Everyone is looking at China and at what is happening not just in Hong Kong but in China itself, particularly in Xinjiang. It is important that we continue to call that out in international fora and, as I have said, together with international partners.