Hong Kong: Democracy Movement

Lord Garnier Excerpts

Monday 8th March 2021 Lords Chamber

[Lord Ahmad of Wimbledon (Con)]

My Lords, irrespective of where we sit in your Lordships’ House, I believe we all acknowledge the immense insight and expertise of my noble friend Lord Patten on matters pertaining to Hong Kong. On the noble Baroness’s proposal, we are currently focused on the important issue of BNOs. That scheme has started and is running well. On the broader issue, we call out for the continued freedoms of all citizens in Hong Kong.

[Lord Garnier (Con)]

My Lords, I agree with the noble Lord, Lord Alton. The Government have, in the past month, announced asset freezes and travel bans on 19 senior military and government figures in Myanmar, following the military coup earlier last month. Why are we not doing at least as much in response to the human rights and rule of law abuses by China in Hong Kong? Sanctions will and must come, and when they do, does my noble friend agree that it will not be a moment too early?

[Lord Ahmad of Wimbledon (Con)]

My Lords, on the issue of sanctions more generally, I am pleased that we have moved forward on the important issue of not just transferring the sanctions regimes after we left the European Union but the global human rights sanctions regimes that we have brought forward. Those have been focused on those who commit abuses of human rights being held to account—individuals, organisations and institutions. As I have already said, I cannot speculate on any future designation, but I share my noble and learned friend’s view that sanctions are an important tool.

Xinjiang: Forced Labour

Lord Garnier Excerpts

Tuesday 19th January 2021 Lords Chamber

[Lord Ahmad of Wimbledon (Con)]

My Lords, I cannot—and I am sure the noble Baroness would not expect me to—give 100% affirmation that every single public sector body and contract has complied fully with the issues that she raised. I assure her and all noble Lords, as I have the noble Lord, Lord Field, just now, about the new government guidance. We will work with public bodies to ensure that the rules are fully understood and that there is a sufficient focus on, and sufficient evidence of, human rights violations that occur in supply chains. We will make public bodies fully cognisant of these so that they can act appropriately. With that reassurance, I hope and am certain that we will strengthen our work within the public procurement sector.

[Lord Garnier (Con) [V]]

My Lords, the Government’s Statement, for which I thank my noble friend the Minister, is clear and well motivated, but, if I may say so, it is only so far, so good. Does he agree that China will do absolutely nothing until we name the senior Chinese government officials responsible for this inhumane activity, ban them and their families from travelling abroad, freeze their bank accounts and impose the widest possible Magnitsky sanctions on them?

[Lord Ahmad of Wimbledon (Con)]

My noble and learned friend may know the answer I am about to give before I give it. He makes very powerful points about the importance of the end result of the human rights sanctions regime that we apply. It sends a very strong signal to those who abuse human rights that there will be consequences to their actions. I also assure him of what I alluded to earlier: there has been a real move in international action on this important issue. As we look forward to strengthening our work with partners, I note, on China not co-operating, that we are pressing for access to Xinjiang for the human rights commissioner, whose visit is the next key stage. We will continue to work with our partners to ensure greater transparency on the Chinese side. The Chinese take note not just of debates here and in the other place but of the action taken internationally. They are concerned about the situation currently being raised internationally in relation to their position on the global stage.

Hong Kong: National Security Law

Lord Garnier Excerpts

Thursday 7th January 2021 Lords Chamber

[The Deputy Speaker (Lord McNicol of West Kilbride) (Lab)]

After the next speaker, the noble and learned Lord, Lord Garnier, I will call the noble Lord, Lord Collins.

[Lord Garnier (Con) [V]]

My Lords, as other noble Lords have said, democracy and respect for human rights in Hong Kong are being snuffed out in front of our very eyes. Does my noble friend the Minister agree that any further delay in deploying Magnitsky sanctions against those identifiable Chinese officials responsible for this will just be embarrassing?

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

My Lords, we will look at all instruments available to us. On the issue of Magnitsky sanctions, as I said, I cannot speculate on the specifics but we keep the issue under review. To my mind, sanctions work effectively only when we work with our allies specifically.

Global Human Rights Sanctions Regulations 2020

Lord Garnier Excerpts

Wednesday 29th July 2020 Lords Chamber

[Lord Garnier (Con) [V]]

My Lords, I thank my noble friend the Minister for his introduction to the debate. He is aware of my support for these measures and I hope that both on their own and in conjunction with similar measures in other countries, such as the United States, they will prove to be effective.

If I have the slightest doubt about their effectiveness, it is based on the claims for unexplained wealth orders, or UWOs, which have not proved to be as workable as intended. Last month, the National Crime Agency lost an application for permission to appeal against a High Court decision to discharge UWOs against family members of the former Kazakh president. Earlier Australian experience of UWOs warned us not to be too optimistic about them. However, in agreeing with the two points of important principle made by the noble and learned Lord, Lord Judge, I hope that, with sufficient resources, national resolve and international co-operation, this sanctions regime has a good chance of working effectively.

Can my noble friend say more about plans for the future? For example, when will the Foreign Office next consider other candidates to add to the designation list, and when should NGOs, civil society organisations and other interested parties submit their evidence? Many organisations, although short of funds, want to help the Government succeed, but they will find it difficult to be of practical assistance until they have a better idea of when they should prepare evidence for active consideration by the Foreign Office.

These organisations will, if only for financial reasons, be reluctant to commit time and resources if they feel that their evidence will simply gather dust in some forgotten archive. I understand that in the United States, the State Department has a more detailed process in place, with each designation round requiring evidence to be submitted by a certain time. Will the Government put something similar in place?

Finally, I urge the Government not to allow our currently strained relations with China and their economic consequences to inhibit consideration of evidence about Chinese officials involved in serious human rights violations against the Uighurs in Xinjiang. I appreciate that the Government cannot speculate about future designations, but it would be helpful if my noble friend the Minister could note that evidence is being gathered about the systematic abuse of the Uighurs, which may soon be brought to his attention.

China

Lord Garnier Excerpts

Wednesday 22nd July 2020 Lords Chamber

[Lord Garnier (Con) [V]]

My Lords, will my noble friend agree that the justices of the Hong Kong Court of Final Appeal—both the permanent and non-permanent justices from Hong Kong itself and the visiting British and Commonwealth justices—have been a bulwark against political interference, and strong guarantors of the rule of law and judicial independence in criminal and civil law cases? Would he not agree that the same could be said of legal practitioners in Hong Kong, who operate under severe pressure from the Beijing and Hong Kong Governments? Can I press him on what the Government’s policy is with regard to the immediate and future viability of the court and the continuing participation of UK and Commonwealth justices in its work? Should they stay as exemplars of judicial independence and help to maintain the rule of law, or leave to avoid their independence being compromised?

[Lord Ahmad of Wimbledon]

My Lords, I agree with both my noble and learned friend’s points. On his specific question on the judiciary, as he will acknowledge and as he knows from his own experience and insights, the UK judiciary is independent of the UK Government and makes its own assessment. We have already heard from the noble and learned Lord, Lord Reed, about the continued service of UK judges specifically, but he has made the point—which is also the Government’s position—about the importance of judicial independence and the rule of law. The situation is currently under constant review.

Global Human Rights Sanctions Regime

Lord Garnier Excerpts

Wednesday 8th July 2020 Lords Chamber

[Lord Garnier (Con) [V]]

My Lords, I warmly welcome this Statement. Does my noble friend the Minister agree that CSOs and NGOs should be able to interact directly with the FCO and parliamentary committees in the designation process? Given Bill Browder’s help in the development of the global human rights sanctions regime, will my noble friend ensure that Interpol more effectively polices the red notice system to prevent authoritarian regimes misusing it for political and commercial advantage?

[Lord Ahmad of Wimbledon]

My Lords, my noble and learned friend raises two very important points. First, on the NGOs, we have published an information note aimed specifically at NGOs and civil society organisations, which formally lays out a dialogue with government and allows NGOs to raise their issues directly with us. Prior to this, as the Human Rights Minister I had already had regular engagement with leading NGOs and civil society organisations. On his second point, I, like my noble and learned friend and other noble Lords, pay tribute to Bill Browder and his work in this respect. I assure him that the Government take any misuse of Interpol notices and systems very seriously. Article 3 of the Interpol constitution forbids any organisation undertaking any intervention or activities, be they of a political, military, religious or racial character. Interpol has robust checks and we will make sure that they continue to be upheld.