(4 years, 3 months ago)
Commons ChamberI am happy to reassure the residents of Ashfield and beyond that reducing poverty will be at the beating heart of the FCDO. That is why we are committed to the Independent Commission for Aid Impact; that is why the Foreign Secretary has appointed Nick Dyer as the first ever envoy on famine prevention and humanitarian affairs; and that is why we have allocated a new £119 million package to look at the threat of the coronavirus and of famine more generally across the bottom billion.
Promoting the rule of law internationally is integral to the UK’s global influence and to our status as a force for good. That is one of the reasons that the Foreign Secretary has commended the candidature of Judge Joanna Korner QC for election as a judge in the International Criminal Court in the December 2020 elections. The FCDO is supporting ROLE UK to provide expertise in law and justice to developing countries through its partnerships for development programme.
I thank the Minister for that answer, and I wish my old friend and colleague Judge Korner well in her candidature. Of course, the best way to promote the rule of law is always to adhere to it ourselves. But more specifically, will the Minister confirm that the Government will continue with the excellent ROLE UK, the rule of law expertise programme that has been run by the Department for International Development for the last five years, which has given very modest grants to enable British lawyers and judges to give pro bono advice and support to developing countries?
I thank my hon. Friend. We have greatly appreciated the enormous contribution of the pro bono work of some of the UK’s best judges and legal professionals, delivered through the ROLE UK programme. This year we had to reduce its funding due to potential shrinkage in the UK economy and a decrease in the value of the 0.7% commitment. The FCDO has had to prioritise urgent and high-priority work, such as tackling climate change, championing girls’ education, and UK leadership in the global response to covid-19. Although this is a significant cut, through our conversations with ROLE UK we are satisfied that we will be able to continue its good work.
(4 years, 5 months ago)
Commons ChamberI thank the hon. Gentleman for his remarks. We certainly want to make sure that we can work with allies. We are already talking to our Five Eyes partners and I hope to have another a call with them shortly. We will certainly look at the suggestions that the hon. Gentleman has made. We need our approach to be evidence based. Sometimes, in the most authoritarian countries, evidence is difficult to come by, almost by definition, but I hope he will see from the designations that we make today that when we have the evidence and the crimes are clear, we are willing to act.
I warmly welcome the Foreign Secretary’s statement and the commitment that he shows to the rule of law being just as important in international affairs as it is in domestic matters. I also welcome his reference to continued co-operation and alignment with our European partners, which is particularly important when it comes to enforcement. Will he therefore ensure that as we come to the end of the transition period, we make it a priority to maintain the same levels of access to policing and judicial co-operation as we have currently and, indeed, seek to expand that to other non-EU members, so that we do not have any gap in the ability to enforce these important and welcome sanctions?
(5 years, 3 months ago)
Commons ChamberI thank the hon. Lady for her question. I know she has considerable expertise as the chairman of the all-party group on Zimbabwe. We are very concerned about the current human rights issues in that country. The violations, such as those seen in January and August 2019, have no place in a democratic society. We will continue to work with all international partners to ensure that those responsible are held to account.
I have spoken to the Chief Minister, Mr Picardo, by phone on a number of occasions in the past month and I will speak to him again later this afternoon. We have regular ministerial contact, including through the Joint Ministerial Council with Gibraltar, which has met nine times since its formation three years ago. Ministers and officials across the Government are working closely with the Government of Gibraltar in preparation for Brexit. Gibraltar is and will remain a vital part of our family, whatever the shape of our exit from the EU on 31 October.
I refer to my entry in the Register of Members’ Financial Interests. I welcome my right hon. Friend to his post and his early engagement with Her Majesty’s Government over Gibraltar. Will he bear in mind and make it quite clear that we fully support Gibraltar politically and in practical terms as we leave the European Union? In particular, will he deal with the practical measures relating to the vast number of foodstuffs and the workforce that currently come across the border, which must be resolved before we leave?
No one is more doughty in his championship of Gibraltar than my hon. Friend, and I am grateful for his kind words. Let me assure him—as the Prime Minister has assured the Chief Minister—that the United Kingdom will protect Gibraltar’s interests as we leave the EU. From 1967 to 2002, at all points in between and since, we have said that Gibraltar is going to remain a vital part of our family. The Government of Gibraltar are responsible for their own contingency planning, but, as I have said, the UK Government regularly speak to and meet Ministers to ensure that their robust plans are in place.
(5 years, 7 months ago)
Commons ChamberI am deeply flattered and touched, Mr Speaker. For completeness, I refer the House to my entry in the Register of Members’ Financial Interests.
I know that the people and Government of Gibraltar will very much welcome the firm commitment of my right hon. Friend the Minister to our continuing support for British sovereignty. Will he also confirm that, whatever form of government is arranged in Spain after the elections, we will stress that it is in the interests of Spain, Gibraltar and the United Kingdom that we depart from the European Union in an orderly fashion that preserves the free flow of goods and people across the border and our strong economic ties? That will be to the advantage of all sides. A deal is necessary for Gibraltar’s sake, as it is for the sake of Spain and the UK.
Yes, indeed. My hon. Friend does an excellent job as chairman of the all-party group. Indeed, we were in Gibraltar together for its national day, thus allowing me to be the second shortest Member of Parliament attending the events. As he rightly says, I hope that the good relationship between Gibraltar and Spain can continue after Brexit, to the advantage of everybody.
(5 years, 8 months ago)
Commons ChamberThank you for that point of order.
Further to that point of order, Madam Deputy Speaker. I should like to tell my fellow West Ham supporting friend that there is nothing wrong with being 67, but I am glad that he has got there a bit before me.
It is nice to see an outbreak of good humour in the Chamber.
(6 years, 7 months ago)
Commons ChamberMy understanding is that the position on the British overseas territories, as set out by a White Paper when the hon. Member for North West Norfolk (Sir Henry Bellingham) was a Foreign Office Minister, is that it is appropriate for this House to legislate for the Cayman Islands and the overseas territories if it is considered necessary. Given the long list of crimes, which I have just read out to the House, that are facilitated, it can be argued completely that when we are making changes in this respect, this is an international, foreign policy issue, as that is what we are talking about; we are talking about the financing of international crime and of terrorism. This is not like trying to intervene in street lighting or purely local matters. It simply has a completely different import for the world.
I understand the point the hon. Lady is making and, as a lawyer, I very much appreciate the importance of the international fight against crime and money laundering, but will she concede that at least some overseas territories take their obligations very seriously? For example, Gibraltar, which is part of the EU as well, has already publicly accepted that it will transpose the fifth anti-money laundering directive, which includes a public register of beneficial ownership, into place by December 2019? In a sense, such places do not need to be legislated for, because they are willing to do this. It is important to be proportionate in our approach, is it not?
Of course what the hon. Gentleman says about the fifth anti-money laundering directive is right, in so far as it does put obligations on Gibraltar. That was why I have linked new clause 14 to the fifth anti-money laundering directive, because clearly it is easier, in terms of international competitiveness, for many jurisdictions to move together.
I will come to that point in a moment, but I hope that my hon. Friend will extol to his friends in the BVI the fact that this is not something that they should regret and seek to avoid, but something that offers them real commercial and economic opportunities.
The second argument, as we have heard, is that the territories already have closed registers that are available to law enforcement authorities and HMRC which, in the case of terrorism, will react promptly—almost within an hour. That is of course true, but it completely misses the point. That point is made eloquently but passively by the Panama and Paradise papers: it is only by openness and scrutiny—by allowing charities, NGOs and the media to join up the dots—that we can expose this dirty money and the people standing behind it, and closed registers do not begin to allow us to do that.
I understand my right hon. Friend’s desire to achieve this measure and recognise the work that he has done on it, but I want to follow on from the point made by my hon. Friend the Member for North West Norfolk (Sir Henry Bellingham). The Government of Spain, for example, often use broad-brush terms such as “tax haven” against the law-abiding British territory of Gibraltar. Will my right hon. Friend extol the fact that Gibraltar has complied and continues to comply absolutely with all EU requirements? We do not help the overall cause by allowing British territories that comply with the rules to be tarred with the same brush as those that do not, as some people will use that against law-abiding British Gibraltarian citizens’ interests.
My hon. Friend makes an extremely good point about Gibraltar. I have heard him speak about that subject in the House previously, and what he says is absolutely right. Last night, I received a three-page letter from the Chief Minister of Gibraltar. I was at a loss to understand why he felt that new clause 6 negatively affected him, since he has already committed, through the EU directive, to implement the whole of the new clause one year earlier than is specified. I therefore feel that the Chief Minister and my hon. Friend should be content with new clause 6.
My experience of the House leads me to conclude that when somebody pays a Member a compliment, they should bank it and move on. However, although I am grateful to the Minister and the hon. Member for Bishop Auckland (Helen Goodman), it is important to say that a lot of people have worked on the Magnitsky amendment or law, as it has come to be known, many of whom sit on the opposite side of the House. Many of them have also been involved in this matter for a lot longer than I have, but I do stand to speak in support of new clause 3.
I welcome everything my right hon. Friend has done around the Magnitsky law and the fact that the Government have accepted it. Is he aware that the Government and Parliament of Gibraltar have already introduced a Magnitsky law, which indicates their willingness to be ahead of the game, rather than having to be dragged forward?
Then they should feel extremely virtuous. It is important that we recognise that we are today putting in place something that already exists in a number of other legal jurisdictions—the Baltic states, the United States and Canada. A number of other countries are looking to do this, too.
David Cameron has been mentioned a lot today, and his commitment on this matter has been vital. In a recent speech to Transparency International he said:
“One of my regrets of my time in office was that we didn’t introduce the Magnitsky Act. The Foreign Office argument was that Britain’s existing approach was better, because we could sanction all the people on that list—and more besides. And I went along with it.
But I soon realised this ignored the advantages of working together—with other countries—under a common heading. It’s not PR, it’s a fact. You get extra clout from coming together across the world and saying with one voice to those who are responsible for unacceptable acts: ‘We are united in our action against you.’”
He then paid tribute to his successor as Prime Minister and to Parliament for passing the provisions in the recent Criminal Finances Act 2017, and also referred to a person who deserves mention in this House today. Bill Browder, along with others, has put himself at huge risk to make sure that those who murdered his lawyer and friend Sergei Magnitsky are not able to travel around the world, bank, buy property and operate in a manner that we rightly take for granted in this country but should be denied to people who have behaved in that way. If we remember anyone today, we should think of the piteous image of Sergei Magnitsky after months of imprisonment. He was extremely unwell and then beaten to death by thugs at the behest of people who have still not been held to account. Today we are saying to them, “Not in our country are you going to be able to do business,” and we should feel proud of that.
In an act of extreme serendipity, I found myself on the Bill’s Committee. I am extremely grateful to members of that Committee, to the Minister and his officials, and subsequently, in recent weeks after the Salisbury incident, to the Prime Minister for absolutely accepting that we need to have what will be known as the full Magnitsky. We went a considerable way towards that a year ago with the Criminal Finances Act, but are now in a position to say that we are in accordance with the Magnitsky provisions of other countries. It is important that we get the definitions right—I do not think that we got there in Committee—but to now have a definition of gross human rights abuse that is in accordance with the Proceeds of Crime Act 2002 is important.
My brief comments today will be about what Parliament does now, because the Bill is gratifyingly loose in its description of what kind of review mechanism Parliament will impose. This is crucial. In recent days, I have had useful discussions with Committee Clerks, the Chairmen of the Liaison and Procedure Committees and a number of others about what kind of structure we could create in accordance with the Bill to allow individuals—Members of this House, members of organisations such as Amnesty International or Bill Browder’s, or any individual—to say to the Government, “We have evidence that these people have done this and should be sanctioned.” The Government will produce a report to Parliament every 12 months setting out who has made representations to them. In an important response to the hon. Member for Aberavon (Stephen Kinnock), the Minister made a clear assertion that the names on the sanctions list will be made public. That is important.
I was pleased to add my name to new clause 6, and I congratulate the right hon. Member for Barking (Dame Margaret Hodge) and my right hon. Friend the Member for Sutton Coldfield (Mr Mitchell) on bringing it forward. I will not repeat the powerful arguments that have been made for transparency today—they were also well made on Second Reading—other than to say that progress has been made in the overseas territories. Central registers have been introduced, but that is not sufficient for the reasons that have been given. We need that transparency to shine a light on what is happening. I suspect that there has been relatively little interrogation of the central registers by law enforcement authorities. There also needs to be a step up in law enforcement action as well as in these measures.
Two principal concerns were adduced to explain why we should at least hesitate before we compel the overseas territories to act. The first is the potential economic damage to the overseas territories. I argued strongly on Second Reading that that should not be an impediment to act. It can never be an argument that, where something wrong is being done, we fail to act simply because there might be some economic consequences. We do, however, have a duty to ensure that those economic consequences are addressed and that we help to mitigate them.
In accepting the new clause, there is a strong responsibility on this House, and now on the Government, to ensure that there is no damage to the economies of the overseas territories for taking action, especially as they may now be taking it more rapidly than they wished to, particularly when we consider, for instance, the impact of the hurricane damage on the British Virgin Islands. That concern should not prevent action, but it should be taken seriously.
The second concern is the constitutional objection: is it right for us to intervene? That is a serious argument. Again, on Second Reading, I argued that if the harm that is being done is so great that it can no longer be ignored, there is a justification to act, and there clearly is a power to do so. These are not just domestic matters for the overseas territories in which we have decided to intervene; they have a global impact. It is therefore very important for the Governments of the overseas territories to understand the reasons why this House has felt it so important to move. If they can act voluntarily, ahead of any action being taken legislatively, that would be very welcome.
I thank my right hon. Friend for giving way on that important point. Does he accept that it is for that reason, and that reason only, that the Chief Minister of Gibraltar wrote the letter in the way that he did—because it is the constitutional convention that we do not normally legislate without the territories’ consent? And it is for that reason, and that reason only, that the Crown dependencies, which have a good record of compliance, had concerns about this form of legislation undermining the long-established doctrine that we do not legislate for them without their consent. It is not the objective that anyone objects to in any of those jurisdictions, but this should be done through the normal constitutional process.
The Crown dependencies do not fall within the ambit of new clause 6, as my right hon. Friend the Member for Sutton Coldfield pointed out. They are in a different constitutional position.
The wider point is this: I would have been minded to accept the Government’s compromise amendments and new clauses had the House had the opportunity to consider them. We should have avoided, if at all possible, dictating to the overseas territories what to do, but that option was not available. None the less, I welcome the fact that action is being taken.
In agreeing to new clause 6, the key concession that the Government made was that it was no longer acceptable that the overseas territories should move only at the pace of the rest of the world. As my right hon. Friend the Minister for Europe and the Americas said, the key concession was that he accepted that the will of the House was that the overseas territories should move ahead of the pace of the rest of the world for reasons that have been very well made by Members on both sides of the House. That said, we should not lose sight of the objective here. The objective is not to force the overseas territories to take action, but to ensure that we tackle corruption where we find it, and that has to be done on a global basis.
The arguments that there will be displacement should not be an impediment to action, because we can never argue that we will not tackle a crime on one street corner in case it moves to the next. That can never be a moral argument or a reason not to take action. Nevertheless, it is a serious argument. What are we going to do to avoid displacement? The imperative is therefore on the Government and on this place, which has now forced this action, to support every effort possible to mobilise the global community behind transparency for everyone.
This House and the UK will be taking a lead, and we will be requiring our overseas territories to take a lead, but we now have to step up. That may mean taking initiatives such as having another global summit to encourage action, as the anti-corruption champion, my hon. Friend the Member for Weston-super-Mare (John Penrose), suggested. Whether it is through means such as the G20 or the G7, we must now drive action on a broader basis than simply the overseas territories or the Crown dependencies.
(6 years, 9 months ago)
Commons ChamberIt is a great pleasure to make this statement, on behalf of the Foreign Affairs Committee, on our fourth report, which is on the International Court of Justice. Our Chair, the hon. Member for Tonbridge and Malling (Tom Tugendhat), and other members of the Committee are in Birmingham today and send their apologies for not being present—given that the Committee travels to some of the most challenging places in the world, little did they think that Birmingham would be the most challenging yet, considering the difficulties in getting there and back today.
In November last year the UK Government were unable to secure the re-election of the UK judge, Sir Christopher Greenwood, to the UN International Court of Justice. As a result, the UK is not represented on the ICJ for the first time since the Court’s creation in 1946. Sir Christopher was first elected to the ICJ in 2009 but, despite his impeccable record and what the Foreign and Commonwealth Office told us was a long and extensive lobbying campaign, he lost to candidates from France, Somalia, India, Brazil and Lebanon. On 6 February the Lebanese candidate was sworn in, signalling an end to Sir Christopher’s nine-year term of office.
This is a bitterly disappointing diplomatic failure and can only be a step in the wrong direction for what the FCO describes as “global Britain.” This follows recent setbacks and vote losses at the UN, such as on the Chagos islands. During voting rounds, the UK candidate’s support in the UN General Assembly fell away sharply, leading to a run-off with the Indian candidate, which ended in deadlock. Further rounds of voting led to no improvement in the UK’s position, despite consistent support in the UN Security Council, and on 21 November the Government conceded the contest to the Indian candidate.
This loss is of deep concern. One of the key strengths of the UK is our commitment to multilateral governance and the application of the international rule of law. These commitments will need to play a key part in the UK’s future foreign policy strategy and in any global Britain agenda. We conclude that the lack of a UK judge on the ICJ will harm the UK’s influence on the global stage and the UK’s future foreign policy strategy.
We heard a number of possible reasons for the UK’s failure from Ministers and former UK diplomats to the UN. These ranged from the popularity of other candidates to regional allegiances and a wider shift in power away from the permanent five of the Security Council, despite the French candidate being re-elected. Perhaps the most concerning reason, however, was offered by Lord Hannay, a former UK permanent representative to the UN. He suggested that it might be an indication that the UK’s international standing had diminished, and that there might have been a fall in what he dubbed the UK’s “trepidation index”—how far other countries worry about treading on our toes.
What are the next steps? The FCO used tactics that had worked in the past and was surprised when they did not work this time around, because they expected Sir Christopher to win. The UK mission in New York lobbied extensively, as did the FCO’s network in London and overseas, and as did Government Ministers during bilateral discussions. But this did not work.
We are also concerned that the FCO does not appear to be particularly curious about why the support of other countries in the General Assembly fell away, and nor do Ministers seem too interested in finding out the reasons why the support for the UK diminished against what had been promised to them previously by other nations. When we asked the Minister what reasons he had been given by other countries, he was unable to give any definitive answer. Lord Ahmad, the Minister of State for the Commonwealth and the United Nations, did place some emphasis on building a “Commonwealth caucus” but was unable to tell us how many Commonwealth countries—not including India, of course, whose candidate defeated the UK’s—voted for the UK’s candidate.
The FCO has rightly launched an extensive internal exercise to identify the reasons for the failure and to learn lessons for future contests. It intends to keep the findings of that exercise private but, for the sake of accountability to Parliament and the public, we recommend that it should share its findings with the Committee, so that we can assure ourselves that it is taking the required action. The FCO should also inform the Committee each time it intends to campaign for a UN position, so that we can help. However, without the benefit of incumbency, the next opportunity to elect a judge of the ICJ will be much more difficult and the FCO needs to prove that it can adapt its approach.
One resource that the FCO does not make full use of is Parliament. Members across this Chamber and in the other place have international experience and networks that can be mobilised, and we have all been part of election campaigns. We recommend that the Government should brief the Committee and other relevant parliamentary groups on future elections to make best use of this resource.
We have to ensure that the UK’s influence and guidance on international organisations such as the UN is not diminished or diminishing, which is why the FCO’s lessons report is critical to determine the causes behind this embarrassing defeat. I commend this statement to the House.
I am grateful to the hon. Gentleman for his statement, and to the Select Committee for its work. Does he agree that this is particularly disappointing because the United Kingdom has historically had an immensely high reputation in international law and international tribunals, and has some of the most experienced and highly regarded international lawyers, of whom Sir Christopher Greenwood is one? Does he consider that one of the lessons to be learned, in contrast to what happened in France, is that the Government must be particularly careful, as we leave the European Union, not to give any signal that we place any less value on international rules-based legal systems and international tribunals, which should remain central to the attention of Her Majesty’s Foreign Office?
I agree with the hon. Gentleman. The former UK ambassador to the UN made exactly that point in evidence to the Committee. The UK was very much at the forefront in developing the international rules-based system, and we must be very careful that France does not become the voice of Europe in the UN Security Council, and therefore the voice of the UN when it comes to the place that the UK should be taking. There are, by convention—but by convention only—two places on the ICJ for European or western powers, and the fact that the UK is not there might show us that in some way the UK’s power and influence are much diminished.
(7 years, 5 months ago)
Commons ChamberMy hon. Friend has huge expertise as a former Africa Minister. The decision on whether or not I, as the Minister, visit Zimbabwe depends a great deal on the genuine commitment to reform of the Zimbabwean Government, and I will be guided by the ambassador in the country on when such a visit would be necessary and possible.
8. What discussions he has had with his international counterparts on the breakdown in the rule of law in Venezuela.
My colleagues and I are in close contact with our international counterparts, including most recently at the Organisation of American States summit in Cancun last month. I issued a very strong statement on 6 July, utterly condemning the 5 July attack on Venezuela’s National Assembly and its elected Members, and calling for the Venezuelan Government to uphold the constitution and show respect for democratic institutions. That statement was echoed by many colleagues across the world.
The Leader of the Opposition described the regime in Venezuela as offering an “alternative agenda” from which we could learn. The alternative agenda has seen the economy collapse and poverty increase. It has seen scores of people killed in civil unrest and now an attempt to undermine both the elected Congress and the independent attorney general. Will my right hon. Friend confirm that Her Majesty’s Government strongly condemn the attempt by the Maduro regime to rewrite the constitution and rub out democracy?
The Leader of the Opposition does seem to be a great fan of the Venezuelan Government, giving a passable impression himself of Fidel Castro, one sometimes thinks. What is happening to the Venezuelan economy gives us a clear indication of what would happen to the UK economy if ever the right hon. Gentleman were Prime Minister.
(7 years, 10 months ago)
Commons ChamberShe did, and I have made it abundantly clear several times during the course of these proceedings that the policy is entirely a matter for the United States, but that my view is that it is divisive, discriminatory and wrong.
The Foreign Secretary is to be congratulated on working to protect the rights of British nationals, but will he also consider that he would not be telling an ally how to run its own country by reminding it, in calm and firm terms, that our shared relationship is based on mutual respect for the rule of law, both nationally and internationally? Persisting with this policy does America no good in that regard at all.
I completely agree with my hon. Friend. I would just point out that we are more likely, as a nation, to get a hearing on these vital issues if we treat our long-standing friends and partners with the respect that they deserve.
(8 years, 5 months ago)
Commons ChamberI hope that I pretty much said that in my opening remarks. The failed uprising must not lead to perverse consequences along the lines that the hon. Gentleman describes. However, when it comes to terrorist acts, we need to understand that the Turkish Government have a legitimate right to defend themselves against those who would attack them.
I welcome my right hon. Friend’s well-deserved return to the Front Bench. Does he understand that it is difficult to characterise the arrest of thousands of judges as a proportionate response to an act—however outrageous? Turkey’s membership of the Council of Europe must hang in the balance if it does not respect the independence of the judiciary.
My hon. Friend points out the potential consequences of certain courses of action, on which it is too early to form a judgment. It is absolutely true, however, that judges are necessary for a functioning judiciary, so we look forward to seeing that there is a functioning, independent judiciary that can properly apply the rule of law.