Exiting the European Union (Sanctions)

Mark Pritchard Excerpts

Tuesday 9th April 2019 Commons Chamber

[Sir Alan Duncan]

I can confirm that there is no such intention. Indeed, the intention and the expectation is that the existing regimes in the EU sanctions regime will be lifted and shifted, and put into ours. However, having scrutinised the individual elements of these, we will have to make sure that they all meet the threshold of evidence and justification that our own autonomous Act of Parliament requires. It is possible that something may not be carried over, but the expectation is that everything will be.

[Mark Pritchard (The Wrekin) (Con)]

The Minister mentioned the Sanctions and Anti-Money Laundering Bill. While we are talking about specific countries, that Bill, which is now an Act, did include the Magnitsky amendment. He referenced a list should the United Kingdom leave without a deal, and that general list would no doubt include other countries as well. In that regard, what is the current position of the Government on individuals named on a sanctions list in relation to the Magnitsky amendment, which is now part of an Act?

[Sir Alan Duncan]

I say to my hon. Friend that I will come on to that in just a second. I will answer the question raised in his intervention, but let me complete the introductory logic of what these four statutory instruments are intended to do.

While the Act set out the framework needed to impose our own independent sanctions, we need statutory instruments to set out the detail of each sanctions regime within that independent framework. Such statutory instruments set out the purposes of our regimes, as well as the criteria under which the Secretary of State may designate individuals and entities within the framework, and the types of restrictive measures imposed. I am grateful to the Joint Committee on Statutory Instruments for its close and helpful scrutiny of these and other statutory instruments relating to sanctions regimes.

On the Magnitsky element of the Act of Parliament passed last year, that sanctions Act provides powers for the UK to impose sanctions to provide accountability for or to deter gross violations of human rights, and to promote compliance with international human rights law and respect for human rights. These powers are what is colloquially known as the Magnitsky amendment. The Government’s focus so far has been on ensuring that we have the necessary secondary legislation in place to continue to implement existing EU and UN sanctions should we leave the EU without a deal. The statutory instruments we are debating today are part of this preparation.

[Mark Pritchard]

Will the Minister give way?

[Sir Alan Duncan]

No. Let me just take my hon. Friend through this, and then he can come back again if he wishes. I need to explain quite where the Magnitsky element fits in.

As a member of the EU or during an implementation period, EU sanctions will apply in the UK. We will look to use the powers provided by the sanctions Act to the fullest extent possible during this period, but there will be some limitations on the measures that we can impose autonomously. In order to impose national sanctions for human rights—the Magnitsky element—we will need to design and draft a statutory instrument and ensure the associated processes and structures are in place to be able to implement and manage a sanctions regime.

It is important that we set up a regime correctly to ensure sanctions meet the legal tests set out in the sanctions Act. As soon as the secondary legislation and associated structures are in place to ensure the continuation of EU and UN sanctions in the UK, we will turn to the consideration of UK national sanctions, including for human rights.

[Mark Pritchard]

The Minister is being very generous. May I ask him why not a single individual Russian is on any sanctions list at the moment? It is rather odd that the Government’s position seems to be that the justification for no Russian being on any list is that we cannot do this until we leave the European Union, despite the fact that all the Baltic states have individual Russians on a sanctions list. If we are going to remain de facto within the European Union, surely the justification for taking action is going to continue.

[Sir Alan Duncan]

First, I say to my hon. Friend that this is not just against Russians. If people have violated human rights anywhere in the world, they could come within the scope of the Magnitsky clause I have been describing. I say again that the reason why we have not yet applied the Magnitsky elements of the sanctions Act is that the statutory instrument making it a bespoke part of that Act within UK autonomous law has not yet been made, and it that was done too rapidly—he will appreciate that we have had about 3,000 statutory instruments to get through this House because of EU exit—there would be a high risk of constant legal challenge, which we would like to avoid.

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[Theresa Villiers (Chipping Barnet) (Con)]

I draw hon. Members’ attention to my entry in the Register of Members’ Financial Interests, including attendance at the annual Iran Freedom rally in Paris. I speak in support of the statutory instrument to carry over the Iran sanctions regime. I urge hon. Members to support it to enable those sanctions to remain in place.

Sadly, abuse of human rights has been prevalent in Iran for many years. I was deeply saddened to learn that one of my constituents lost his wife in the mass killings that took place in 1988. Iran still has one of the worst human rights records in the world. As we have heard, it executes more people than almost any other country and it is estimated that as many as 273 people were executed in 2018. Despite vocal international condemnation, Iran continues to execute children.

Press freedom is heavily constrained in Iran and many journalists and bloggers have been jailed. Reporters without Borders described the country as

“the Middle East’s biggest prison for journalists.”

Gay men face the death penalty and there was widespread revulsion in the international community when a gay teenager, Hassan Afshar, was executed in August 2016.

Women routinely face sanctions if they fail to observe Iran’s compulsory dress code. Married women cannot travel abroad without their husband’s permission, their rights in relation to divorce are heavily limited, and they can be sentenced to death by stoning.

Religious minorities such as Christians, Baha’is, Jews and Sunni Muslims are subject to discrimination and significant constraints on their ability to practise their faith. For example, many members of the Baha’i faith have been subject to unwarranted arrest and imprisonment.

President Rouhani was hailed as a moderate when he was elected, but I am afraid that the human rights situation has worsened under his leadership. At least 30 people were killed and more than 4,900 arrested in protests between December 2017 and January 2018. Those demonstrations illustrate the discontent many feel about the regime and the frustrations about the severe economic hardship that many are suffering. I note the work of the National Council for Resistance of Iran in making the case for democracy, freedom and reform.

It is not just at home that Iran’s theocratic regime does great harm. Its malign involvement in Syria, Lebanon, Iraq, Yemen and Gaza is a cause for grave concern. The United States Vice-President, Mike Pence, described Iran as

“the single biggest state sponsor of terrorism in the world”.

It has engaged in a massive arms build-up in Syria and Lebanon, where it is stockpiling thousands of missiles. Hezbollah’s arsenal of short and medium-range rockets supplied by Iran is now estimated at 150,000, and there are believed to be more than 10,000 Iran-linked militia fighters in Syria. In Gaza, the terror group Hamas has boasted about the support that it receives from Iran. The regime continues to help al-Qaeda and the Taliban. Iran is believed to be responsible for multiple cyber-attacks on UK institutions, including what was described as a brute force attack on this Parliament.

I hope that the House will note the decision by the US Administration a few days ago to designate Iran’s Islamic Revolutionary Guard as a terrorist organisation. A Government spokesman in Washington explained that the step had been taken because the IRGC

“actively participates in, finances and promotes terrorism as a tool of statecraft.”

[Mark Pritchard]

My right hon. Friend has rightly outlined the malevolent influence of Iran across the world, including Europe. Does she agree that Iran must stop exporting terror to European capitals such as Vienna, Paris and Tirana, among many others? If it were not for the security services of the United Kingdom, the United States, the European Union and the Israelis, many other people would have sadly died.

[Theresa Villiers]

My hon. Friend, who is very well informed about these matters, makes an entirely valid point about the involvement of Iran in terror plots in this country and the rest of Europe. We should never even think of loosening the sanctions regime unless we have real clarity and certainty that that will come to an end.

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[Peter Grant]

I shall be happy to get back to the hon. Gentleman, but if he is saying that there has never been a time when a Conservative Front Bencher has made fun of the Leader of the Opposition for the failure of the Chávez economic project and been met by cheers from Conservative Members, all that he needs to do is check the record. I am happy to do it for him if he cannot be bothered to do it himself.

[Mark Pritchard]

On a point of order, Mr Deputy Speaker. An accusation—a very serious accusation—has been made by the hon. Gentleman about the Government Front Bench, and, indeed, about Conservative Back Benchers: that we have gloated at the suffering of the people of Venezuela. If he is going to make such a statement—an outrageous statement—he should at least back it up with evidence, or withdraw it.

[Mr Deputy Speaker (Sir Lindsay Hoyle)]

I think that the hon. Gentleman has made the point that he wished to make.