Sri Lanka: Human Rights

Siobhain McDonagh Excerpts

Wednesday 20th March 2024 Westminster Hall

[Dame Siobhain McDonagh (Mitcham and Morden) (Lab)]

It is a pleasure to serve under your chairship, Dame Maria. I congratulate the hon. Member for Carshalton and Wallington (Elliot Colburn) on securing the debate, and it is a pleasure to follow the hon. Member for Strangford (Jim Shannon), who has so frequently spoken in support of the Tamil people.

I hope that I am a friend of the Tamil community: a community that is hard-working and entrepreneurial, and that has given so much to our country and our capital city. It has an almost obsessive desire to educate its children to ensure that they are the future doctors, lawyers, engineers and accountants who will make such a great contribution.

I am well aware of the tenacity of the Tamil community. In the 14 years since the end of the Sri Lankan civil war, I have stood alongside Tamils in my constituency of Mitcham and Morden on the road to justice, peace and accountability. Those 14 years have presented so many challenges and such little progress, but so much pain.

Not only have we called for accountability for the terrible war crimes committed 14 years ago, but we are calling for an end to the human rights abuses that are still being experienced by the Tamil community in Sri Lanka today. That starts with repealing the sixth amendment, which continues to be a barrier to Tamil self-determination. The sixth amendment criminalises support, in Sri Lanka or abroad, for the establishment of a separate state within the territory of Sri Lanka. Anyone convicted of violating the sixth amendment faces losing their passport and will not be able to sit for public exams or even qualify for a trade that requires a licence. It prevents Tamils at home and abroad from coming together freely to express their political aspirations.

It is not just about the sixth amendment—we need to go further than that. The 13th amendment stops elected members of provincial councils from using their powers and instead gives them to unelected governors controlled by the Sri Lankan President. That leaves Tamils powerless when the state takes ancient Tamil places of worship and converts them into Sinhala Buddhist temples. Tamils have nowhere to go.

Back in the UK, I had hoped that at the last Cabinet reshuffle we might have got a Foreign Secretary who would take some action on Sri Lankan human rights—a Foreign Secretary who had more than warm words for British Tamils calling for justice. What did we get? We got Baron Cameron of Chipping Norton, who has spent his time out of office being paid by a Chinese state enterprise to promote a commercial court in Sri Lanka, promoting a Rajapaksa-era mega-infrastructure project.

[Dame Maria Miller (in the Chair)]

Order. I remind the hon. Lady that she should not be criticising colleagues who are sitting in the House of Lords.

[Dame Siobhain McDonagh]

I will then make a statement of fact: David Cameron worked on behalf of a Chinese state enterprise to promote a commercial port in Sri Lanka, promoting a Rajapaksa-era mega-infrastructure project. I do not believe that that was in the interests of the Tamil people in Sri Lanka, and I do not think it was in the interests of this country, either. My Tamil constituents deserve better.

There seems to be an attitude in the Foreign Office, which I have witnessed during Labour Governments and Conservative Governments, of there always being a need for discussion and encouragement. Nothing that I have seen in Sri Lanka over the years since the civil war suggests that the Sri Lankan Government will ever react to anything but force and determination, rather than encouragement or negotiation. Hundreds of thousands of people who disappeared during the civil war have still not been found, and not one person has been prosecuted for committing a war crime.

There are more questions than there have ever been. On occasion, it seems to me to be just ticking a box and some mealy-mouthed diplomacy. Tamils deserve a UK Government that will take the lead in calling for Sri Lanka to repeal the sixth amendment, which would give Tamils in Sri Lanka and abroad the ability to come together and call for the political solution they hope for. Then we would have a Government with a principled position on Sri Lanka.

Beneficial Ownership Registers: Overseas Territories and Crown Dependencies

Siobhain McDonagh Excerpts

Thursday 7th December 2023 Commons Chamber

[Dame Margaret Hodge (Barking) (Lab)]

I beg to move,

That this House notes the implementation of public registers of beneficial ownership in the UK’s Overseas Territories and Crown Dependencies; believes that the Government needs to respect the will of Parliament and meet the implementation deadline at the end of 2023; encourages the Government to lay an Order in Council formally requiring the UK’s Overseas Territories to implement public registers of beneficial ownership if the deadline is not met; and considers public registers of beneficial ownership to be an essential transparency measure to combat tax evasion, money laundering and other economic crimes.

This debate should not be necessary. The House expressed its view when it agreed an amendment to the Sanctions and Anti-Money Laundering Act 2018 that required overseas territories to voluntarily introduce registers of beneficial ownership within two years or face an Order in Council mandating compliance. Five years have passed since the right hon. Member for Sutton Coldfield (Mr Mitchell) and I moved the amendment, and the only overseas territory to comply with the legislation is Gibraltar, which I salute. While I understand that the Minister is making progress with some of the other jurisdictions, they have yet to comply with our legislation.

[Siobhain McDonagh (Mitcham and Morden) (Lab)]

Journalists have revealed that the family of Asif Aziz, a landlord to my constituents in Britannia Point, Colliers Wood, manages a large property portfolio registered under dozens of companies on the Isle of Man. There is no beneficial owner listed, so complaints can never reach the landlord. We already have legislation that requires offshore companies that own properties to declare their owners on a register. Does my right hon. Friend agree that properly resourced enforcement is essential, and that having public registers of beneficial owners would make it much easier to identify and scrutinise the beneficial owners of offshore shell companies?

[Dame Margaret Hodge]

I am grateful to my hon. Friend for bringing that to our attention. Sadly, it is an issue not just of enforcement but of definition. I bet that the landlord in her constituency owns the properties through a trust, and there is no openness about beneficial ownership of trusts. She makes a very important point.

Sri Lankan Tamils and Human Rights

Siobhain McDonagh Excerpts

Tuesday 5th December 2023 Westminster Hall

[Siobhain McDonagh (Mitcham and Morden) (Lab)]

I congratulate the hon. Member for Linlithgow and East Falkirk (Martyn Day) on securing this debate. In Easter 2009, I spent my time out on Parliament Square watching London’s Tamil community beside itself with grief as it received news of relatives, friends, communities and hospitals being bombed. We heard of people lying on the beach, unable to be removed by family or community members because the democratically elected Sri Lankan Government were dropping cluster bombs on their own people. I spent my time taking London Tamil students to see the Foreign Secretary, David Miliband, to prevent some of them from taking drastic action and committing suicide.

In the 13 years since then, how much has changed? There is an attitude of always negotiating, always talking, always being calm—and doing nothing. Negotiating for what? Hundreds of thousands of people have still not been found and not one person has been prosecuted for committing a war crime; there are no more answers than there were before.

Now is the time for the Foreign Office to decide whether it will carry on with its mealy-mouthed diplomacy, or whether it will use the laws Parliament has given it to take action against those who perpetrated war crimes. Our Foreign Secretary needs to come forward and be honest about his role in promoting the Chinese Government’s plan for a new port in Colombo. It does not bode well. Let us show Sri Lankans and Tamils something different. Let us take a different path and make some progress.

--- Later in debate ---

[Leo Docherty]

The right hon. Gentleman makes a good point. We argue for unfettered access for these inspectors and will continue to do so. In the resolution asked about by the chair of the APPG—my hon. Friend the Member for Carshalton and Wallington (Elliot Colburn), whom I commend for his tremendous activity in that office—we focused international attention on the human rights shortcomings. We also succeeded in renewing the mandate of UN human rights experts to report on these issues and to preserve evidence of abuses and violations committed during the armed conflict, so that justice can be pursued. We will continue to use that resolution as a lever to argue for positive change. I am grateful for my hon. Friend’s question.

I will now talk about some of the small positive steps, because when working with countries to strengthen their human rights adherence, it is important to acknowledge any progress that has been achieved. In that spirit, we welcome steps taken by the Sri Lankan Government to address some Tamil grievances. Those steps include the release of some disputed lands and the release of long-term detainees. We welcome the Government’s engagement with Tamil representatives on a long-sought political settlement, and we have urged the Government to consider further confidence-building measures and engagement.

We welcome steps taken by the Government to improve connectivity between the north and countries in the region, including through regular flights. That should help to increase economic opportunities for the north and others in that region. We also welcome the Government’s commitment to a truth and reconciliation commission, and we encourage them strongly to consult widely and come forward with detailed proposals.

[Siobhain McDonagh]

I am sure that the Minister genuinely believes the speech that he is making, but the Foreign Office has for the last 13 years been beseeching the Sri Lankan Government for an independent truth and reconciliation process. To date, that has not happened. At what point will the Minister try something else?

[Leo Docherty]

These are clearly profoundly difficult issues that will not be solved quickly, but our judgment is that we must continue with our diplomacy and our strong encouragement for the Government of Sri Lanka to come forward with detailed proposals about a truth and reconciliation commission. As unlikely as it may seem this afternoon, that is the intent of our diplomacy, and we will continue to do that. We will also continue closely to monitor human rights developments in Sri Lanka, including the marginalisation and repression faced by Tamil communities and other minorities.

UK Support for Stability in Libya

Siobhain McDonagh Excerpts

Wednesday 18th October 2023 Westminster Hall

[Daniel Kawczynski]

I asked Mr Cameron, “What is going to happen to Colonel Gaddafi?” We all know how Gaddafi was killed: a convoy was leaving Sirte for the desert, and British and French military intelligence, in collaboration with the militants, got him in the tunnel and he was killed. Of course, he had to be killed. Some people said that he had to be silenced—that he knew too much. The hon. Member for Leeds North East will remember the allegations about all the funding from Colonel Gaddafi to Monsieur Sarkozy; apparently Gaddafi gave Sarkozy millions of dollars for political campaigns. He had to be silenced. I will never forget the words that Mr Cameron said to me. He sort of metaphorically patted me on the head and said, “Nothing to worry about—it’s all in hand, old boy.” Two or three days later, Colonel Gaddafi was killed.

I am no apologist for Colonel Gaddafi. He was a brutal, evil dictator who suppressed his own people, and my book chronicles the extraordinary human rights abuses that he implemented against his own people in Libya. Nobody here will shed a tear that Colonel Gaddafi is no longer running Libya or able to suppress his own people, but the reason I raise it is that we have to think about the mistakes we are making as a nation, whether that is in Iraq or Libya. Certainly in my time as a Member of Parliament, every time we have intervened in an Arab nation, rather than leaving it to the Arab League or the Arab people, and killed the dictator, what has ensued? Total chaos, total paralysis, internecine warfare, and brutality and killing that one could argue is of even greater consequence and destabilisation than what took place under the dictator. I very much hope that future generations of Members of Parliament will learn from our experiences and the mistakes we have made.

When I was on the Foreign Affairs Committee in that brief Parliament from 2015 to 2017, there was an attempt to investigate Mr Cameron. There was an attempt at that stage to investigate how he had brought us to intervene in Libya, but in reality it got us nowhere and little was done.

I would like to put it on the record how deeply disappointing it is that so few Members of Parliament are here. There is not one Conservative Member in this Chamber apart from the Minister and the Parliamentary Private Secretary, my hon. Friend the Member for Truro and Falmouth (Cherilyn Mackrory). Bearing in mind our responsibility as a party and as a Government for the intervention in that country and the extraordinary misery that the Libyan people continue to experience as a result, that is a very bad show from my party.

I thank the hon. Member for Leeds North East for bringing the debate here. Despite all the difficulties we are seeing in Israel and the Gaza strip and in Ukraine, we must not forget about Libya. These are our neighbours in the underbelly of the Mediterranean—in a country now being used, as a result of our intervention, for the massive trafficking of people from sub-Saharan Africa through Libya to Lampedusa and beyond. As British parliamentarians, particularly after our intervention in that country, we have a duty and a responsibility to continue to help the people of Libya.

[Siobhain McDonagh (in the Chair)]

There being no other Back-Bench speakers, I call the first Front-Bench speaker.

Ahmadi Muslims: Pakistan

Siobhain McDonagh Excerpts

Wednesday 6th September 2023 Westminster Hall

[Siobhain McDonagh (Mitcham and Morden) (Lab)]

I congratulate the hon. Member for Carshalton and Wallington (Elliot Colburn) on securing this debate, and I thank you, Mr Sharma, for chairing it.

I do not wish to take too long because so many people want to contribute, which gives this debate great strength. We can be assured that Governments in Pakistan, both regional and national, will know of it; they will be watching it and it will have an impact. It is great that so many people from nearly all the parties represented in our Parliament have taken the time to be here today. I have the privilege of being chair of the all-party parliamentary group for the Ahmadiyya Muslim community. It is one of the easier tasks as an APPG officer; due to the incredible lobbying of the community, we are always quorate with very little effort.

We know about the harassment and discrimination that Ahmadis experience in Pakistan and how that percolates to other countries, including, regrettably, our own. The APPG undertook an in-depth investigation into discrimination in Pakistan. The single most depressing fact that I took from all the evidence sessions was that Ahmadis are discriminated against more strongly by younger people than by older people. Liberalism is in reverse in Pakistan, and the discrimination that the community feels is likely to be of a long-standing nature. That is in part because the Government of Pakistan have withdrawn from the responsibility to educate their young people and given the responsibility to people who hold extreme views on religion.

As one of the largest contributors to international aid in Pakistan, Britain has a role to consider how that investment is used. It took me a long time to get to the bottom of the fact that FCDO money was being used to produce books in schools that discriminated against Ahmadis. Will the Minister address the nature of investment in international development in Pakistan? How can he ensure that it does nothing that encourages the discrimination that exists from birth to death? The hon. Member for Carshalton and Wallington explained how that affects all levels of civil life and the community. With that, I will sit down.

Pandemic Prevention, Preparedness and Response: International Agreement

Siobhain McDonagh Excerpts

Monday 17th April 2023 Westminster Hall

[Sir Christopher Chope]

I agree with my hon. Friend, as I almost always do. Prevention is better than cure. Why would we want to give up control over all these issues by signing up to this treaty?

I have here a quote from Richard Horton, the editor-in-chief of The Lancet. He said:

“The allegation that WHO shared responsibility for the pandemic by adopting a policy of appeasement towards China has proven impossible to refute.”

There we have it. The editor-in-chief of no less than The Lancet says that we need to be extremely suspicious of what is going on and what may happen. That is a good credential for the Government to adopt in saying, “We are not going to adopt this WHO treaty under article 19; we are going to examine it more carefully, be much more circumspect, and retain the ability of our own country and our own people to decide these important issues for ourselves.”

[Siobhain McDonagh (in the Chair)]

As all the Back Benchers who wanted to speak have done so, we move on to the Front-Bench spokespeople. I call Anne McLaughlin for the SNP.

Russian Assets: Seizure

Siobhain McDonagh Excerpts

Tuesday 14th March 2023 Commons Chamber

[Sir Iain Duncan Smith]

I do agree with the right hon. Lady. We have a lot of Russian assets that are currently frozen, while Ukraine is screaming out for money and support to help all those devastated areas. We can bring the two together, and that is what today’s debate is all about.

[Siobhain McDonagh (Mitcham and Morden) (Lab)]

I am sure the right hon. Member is also aware of allegations that a number of the people sanctioned have moved their money around into trusts to give to their children in order to avoid having their assets taken. Does he agree that the Economic Crime and Corporate Transparency Bill should be strengthened to require sanctioned individuals to disclose assets that were owned six months prior to their designation? That would prevent oligarchs such as Roman Abramovich from moving assets around and evading the sanctions.

[Sir Iain Duncan Smith]

I entirely agree. I was going to raise that point at the end of my speech, but never mind: this is a shared debate.

I fully back that proposal, which is one of the recommendations that we have to make so that the Government can jump ahead of this. Too often we have been slow and, in the six months that have elapsed, in some of those cases, people have shifted their money around into all sorts of areas. One particular individual—I was going to name him, but I will not do so now—has managed to buy flats through a Cyprus company. His name is not registered, but they own it and the money is lodged there. This sort of stuff is going on and we need to shut it down.

--- Later in debate ---

[Sir Iain Duncan Smith]

I am beginning to feel that I am making a collective speech, because the right hon. Lady’s point is down here in my notes. It is better made by her than me, but I fully agree with her as a result.

We could have got ahead of this—that is the point, as the example of Abramovich shows. Many others have drifted off, so the right hon. Lady is absolutely right: we needed to be quicker and more determined. Now, we have to sustain our determination to flush all this out while we have the opportunity. I always sense a little resistance. When we call it out, the Government say, “Ooh, we don’t know. We’ve got lots on our plate and we are doing lots of things,” but this is the time to act.

[Siobhain McDonagh]

The right hon. Gentleman was kind enough to participate in my Adjournment debate in Westminster Hall the other day. This is not just about oligarchs; it is about companies that are sanctions busting. I am aware of a Belarusian company that imports goods through Russia in order to undermine and take customers from a business in my constituency. Does he agree that, whether it is an oligarch or a business, the Office of Financial Sanctions Implementation and the Foreign Office should be adaptable and able to react to rogue actors, who will do everything possible to avoid the sanctions regime?

[Sir Iain Duncan Smith]

I must say, the hon. Lady’s debate was fascinating. She demonstrated that by our failure to follow this course, a UK company is essentially sanctioned because it is unable to get payment. The measures bounce back at us and honest, decent companies find themselves trapped by the failure to square the circle of the process and get everyone all along the chain. It was a brilliant debate, and I congratulate her on raising the subject on behalf of her constituents.

The Government should introduce new legislation to allow the seizure of already-frozen assets that are linked to criminality. The Russian Government have a huge amount of money of course, but many oligarchs are guilty of benefiting financially from war crimes and atrocities in Ukraine, so we should activate new legislation. Under such a mechanism, an enforcement authority such as the National Crime Agency could bring proceedings in a UK court to have property belonging to a sanctioned person involved in a gross violation of international human rights law or international humanitarian law confiscated without compensation, so that the frozen property can be used to fund reparations. That is the key.

Republic of Belarus and the Russian Federation: Sanctions and Tariffs

Siobhain McDonagh Excerpts

Wednesday 8th March 2023 Westminster Hall

[Yvonne Fovargue (in the Chair)]

I will call Siobhain McDonagh to move the motion and then the Minister to respond. There will not be an opportunity for the Member in charge to wind up, as is the convention for 30-minute debates.

[Siobhain McDonagh (Mitcham and Morden) (Lab)]

I beg to move,

That this House has considered sanctions and tariffs on Belarus and Russia.

It is a pleasure to serve under your chairship, Ms Fovargue. Sanctions and the war in Ukraine have been given a great deal of attention, and rightly so. It is fitting that just downstairs in Westminster Hall, Volodymyr Zelensky, the President of Ukraine, was able to address parliamentarians from both sides of the House. Members of all parties have been united in their response to the illegal invasion of Ukraine, and I hope we can continue that cross-party consensus today.

I want to make it clear that I have not held this debate to undermine the Government’s policies on sanctions and tariffs against Russia and Belarus. I am on board with the policy. I agree that we must isolate both Belarus’s and Russia’s economies and target the key industries that support President Putin’s illegal war in Ukraine.

[Jim Shannon (Strangford) (DUP)]

I commend the hon. Lady for securing the debate, and I concur with her comments. Does she agree that, although we have huge compassion for the Russian and Belarusian people, who are paying the price for their dictators’ decisions, we must increase the pace of our sanctions on these nations and ensure that the price for those decisions is paid where it hurts—in the pockets of the oligarchs?

[Siobhain McDonagh]

I agree with the hon. Member. The sanctions regime is integral to Britain’s role in supporting Ukraine and holding Putin’s regime accountable for the acts of violence that it continues to perpetrate against civilians across Ukraine.

[Hywel Williams (Arfon) (PC)]

I am grateful to be able to add my voice, and that of my party, to the hon. Lady’s comments. Our concern is that the sanctions regime is not being extended far enough and specifically to countries in the developing world that are being seduced by Russia to trade with it.

[Siobhain McDonagh]

I agree with the hon. Member entirely.

This winter, the people of Ukraine carried on through the difficult war that they face, and we need to back their bravery by being brave and bold with sanctions and tariffs. However, the joint sentiments are worthless if things do not happen in practice, and sadly this is the case for a business group in my constituency. I recently met SGG Manufacturing Ltd, JDUK Ltd and Alunet Systems Ltd—a small group of wholly UK-owned businesses that I am glad to see represented here today. They are based in a number of MPs’ constituencies—particularly that of the hon. Member for Dewsbury (Mark Eastwood), who apologises that he is unable to attend, but he is absolutely on board with the case that I am about to raise.

Prior to the war, the businesses were, in part, the sole and exclusive distributors of a Belarusian manufacturer. They imported and distributed aluminium extrusions and products from Belarus. For example, they supplied components for roller garage doors—not the most glamorous of products, I agree, but over 10 years these British businesses had grown their revenue to £30 million per annum. Over 10 years, they had managed to supply 30% to 50% of roller garage doors in the UK using their components.

Then, the war in Ukraine happened. In response, the businesses did the right thing. They decided to abandon their exclusive contract with the Belarusian manufacturer and sourced their components from elsewhere in Europe—a decision that was expensive, risky and lengthy but nevertheless the right thing to do. The Government then introduced additional tariffs of 35% on Belarusian and Russian goods, which made it clear that the decision by those businesses was not just the moral thing to do but the right thing to do from a business perspective—that is, if the sanctions and tariffs were implemented effectively. Unfortunately, they were not.

The original Belarusian supplier is now managing to circumvent the sanctions and is continuing to import banned products. It is also able to pay the relatively low additional tariff of 35% with ease, so it can operate very competitively in the market. The British group, based in my constituency, has played by the rules and has had to find a more expensive manufacturer elsewhere in Europe.

[Sir Iain Duncan Smith (Chingford and Woodford Green) (Con)]

I congratulate the hon. Lady on securing this debate. I am the co-chair of the all-party parliamentary group on Magnitsky sanctions, and we recently looked carefully at the implementation—the reality, as opposed to the Government’s rhetoric. We are discovering that there are big holes in what is actually happening, with far too little consideration given to the detailed implementation. We also sanction far fewer people who are guilty of transgressing our rules than the US does. The hon. Lady is on the right track, and I congratulate her on that, but perhaps she would like to press the Government further to increase the number of people and businesses they sanction and to make sure they do it properly.

[Siobhain McDonagh]

I thank the right hon. Gentleman and congratulate him on all the work he does on not only Russia but China. We often work together. This debate is not about the grand scope of the sanctions, but about the nuts, bolts and garage doors of how they are working on the ground for British businesses and Belarusian businesses.

The Belarusian company appears to be stealing the British company’s customer base by avoiding the sanctions, absorbing the additional tariff and undercutting the British company by supplying at a lower rate. Most people would call that dumping, and it has led to a loss of roughly £10 million in revenue for this British company based in my constituency.

As has been said many times in the Commons, Russia and Belarus are trying to get round sanctions on an industrial scale, and this seems to be a case in point. I have detailed evidence of how the Belarusian company is evading sanctions, and I would like to state it for Hansard so that it is in the public domain. I also note that, although the Office of Financial Sanctions Implementation at His Majesty’s Revenue and Customs is responsible for enforcing specific cases, the Foreign, Commonwealth and Development Office is responsible for drawing up the sanctions and tariffs legislation.

As I tried to explain to the Minister informally last night, the way the company is avoiding sanctions is unbelievable: it is starting some of its goods in Russia. There is a list of sanctioned products codes for Russia and one for Belarus, and in some instances, the two lists do not match. As a result, a product could be sanctioned in Belarus but not sanctioned if it comes from Russia. That is exactly what is happening. The tariffs apply to all iron and steel commodity codes starting 72 and 73 in Belarus, but they apply to only specific iron and steel products that begin with commodity codes 72 and 73 in Russia. That means that some of the goods that the Belarusian company supplies are sanctioned if they are imported from Belarus but not if they are imported from Russia.

The Belarusian company supposedly managed to move an entire factory’s worth to Russia so that it can still import the goods sanctioned from Belarus into the UK tariff free, all the while undercutting a British business. I have been able to get hold of an email from the Belarusian company to one of those customers to prove that. It stated:

“We would like to clarify the situation with regard to the current import of sectional doors and operators to the UK.”

The company says:

“Since the UK Government has introduced economic trade and transport sanctions on Belarus,”

it has

“imported garage doors from our Russian factory”.

It states that

“shipments fully comply with import restrictions by the Government of the United Kingdom in the last months.”

There we have it. Because of the way our sanctions list has been drawn up, Belarusian companies are avoiding sanctions. They are manufacturing and shipping products that were originally from Belarus, and are now supposedly from Russia, to avoid the sanctions. I am glad that the Foreign Office Minister is present today, and I hope that the sanctions list is updated, because it is costing a business in my constituency millions of pounds.

In other cases, this Belarusian company is assigning its products a new, intentionally incorrect but unsanctioned commodity code, enabling it to import to the UK sanction-free. I got hold of an email from this company to one of its customers to prove that. The measures are quite technical, so I hope hon. Members will forgive me if I go through them in a little detail. The company stated:

“We are looking for a way to supply you with roll tubes which are currently banned from entering the EU due to their commodity code 7308905900, and it seems like we have found an option. We can bundle the roll tubes with other items. This will have a different name and a commodity code which can be imported to the EU and the UK.”

The company can change the commodity code to one that is allowed to enter the UK from Belarus, and it can evade sanctions altogether. The most egregious part is that the Belarusian company is now approaching the former customers of the British business in my constituency and offering to supply them directly, profiting and expanding its business because of the war in Ukraine. It is just unbelievable. If that is happening in one company, surely it is happening in a number of businesses right across the UK.

It is important that President Zelensky comes to Parliament to speak, that our Opposition and Government leaders visit Kyiv and that we all get together to stress how strong our sanctions and tariffs need to be. However, it makes a difference only if the detail is correct. The sanctions are effective only if the product lists are drawn up effectively and we are able to target Belarusian and Russian businesses. Tariffs are effective only if they are high enough to make goods originating from a country uncompetitive. In the recent co-ordinated package of sanctions by the US, EU and UK, only the US increased tariffs on metals by up to 200%.

As we know, Putin and his cronies will be seeking every single loophole, omission and error to try to circumvent the sanctions. It is quite clear that Russia and Belarus are actively trying to get round sanctions and absorb tariffs on an industrial scale. Currently, companies are claiming that their goods originate in Russia to avoid sanctions. That is absurd. I hope that the Minister can provide more information about that and explain how we will close the loopholes that Russia and Belarus are using.

We can have the toughest regime on paper, but if Russia and Belarus are finding ways round it in practice and costing UK businesses, we have not done the right thing. I ask the Minister to address the detail and the consequences for British business. If he is in a position to do so, I would welcome it if he gave a few minutes after the debate to the businesses that are here today.

[Matt Rodda (Reading East) (Lab)]

rose—

[Yvonne Fovargue (in the Chair)]

Order. If the hon. Member wishes to speak, did he obtain the permission of the Member in charge and the Minister prior to the debate?

[Siobhain McDonagh]

I am happy for anyone to contribute to the debate.

[The Parliamentary Under-Secretary of State for Foreign, Commonwealth and Development Affairs (David Rutley)]

indicated assent.

Sri Lanka

Siobhain McDonagh Excerpts

Wednesday 9th November 2022 Commons Chamber

[Elliot Colburn (Carshalton and Wallington) (Con)]

I beg to move,

That this House is concerned by reports of increased militarisation and human rights violations in Sri Lanka, particularly during the country’s current economic crisis; calls upon the Government, as a key stakeholder of the International Monetary Fund (IMF), to propose conditionalities on any IMF financial assistance for Sri Lanka during the current economic crisis, including that Sri Lanka carries out a Strategic Defence and Security Review to reduce its military spending and remove the military from engaging in commercial activities, that Sri Lanka meets the criteria required for Generalised Scheme of Preferences Plus, and that Sri Lanka re-engages with the United Nations Human Rights Council process and fully implements resolution 30/1; and calls upon the Government to implement targeted sanctions against individuals who are credibly accused of committing war crimes during the Sri Lankan Civil War.

I begin by thanking the Backbench Business Committee for making time for this important debate. I thank in particular my right hon. Friend the Member for Chipping Barnet (Theresa Villiers), the hon. Member for Richmond Park (Sarah Olney), the right hon. Member for East Ham (Sir Stephen Timms) and my hon. Friend the Member for Wycombe (Mr Baker), as well as the dozens of other colleagues who sponsored the application for this debate. I declare an interest as chair of the all-party parliamentary group for Tamils and as a Member of Parliament representing thousands of Tamil constituents in Carshalton and Wallington. I thank those constituents who reached out to me to talk more about the situation in Sri Lanka, as well as the various community groups we have heard from in the APPG since the Parliament was reformed in 2019.

It has been more than 13 years since the civil war came to an end, and the origins of that conflict stretch back several decades. It resulted in well over 100,000 deaths from all sides. However, it was the final months of the conflict in 2009 that saw things take a particularly bloody turn for the worse. During that period, the Sri Lankan military deliberately targeted thousands of civilian lives, committing grotesque genocidal acts, war crimes and crimes against humanity, largely against the Tamil population of the island.

The culmination of these atrocities was the Mullivaikkal massacre. In 2009, a strip of land in Mullivaikkal was designated as a so-called no fire zone. These were designated areas where civilians were told to gather to avoid being harmed. However, nothing could have been further from the truth. Sri Lankan Government forces entrapped tens of thousands of civilians in the zone and committed heinous war crimes. After providing an initial death toll of 40,000, the United Nations found evidence suggesting that as many as 70,000 were killed. Local census records indicate that at least 146,679 people are still unaccounted for and are presumed to have been killed. By examining different sources, including the United Nations, census figures and World Bank data, the International Truth and Justice Project has found that the highest estimate of those killed during that final phase could be as large as 169,796. Most of those deaths were as a result of the Sri Lankan Government forces shelling civilian buildings, including hospitals. There were also reports of civilian bunkers being targeted with grenades, people being run over by military vehicles and surrendering civilians being stripped naked and executed.

[Siobhain McDonagh (Mitcham and Morden) (Lab)]

I commend the hon. Member on his brave and accurate speech. Would he agree with me that all the things he has cited about the bombing of hospitals, the bombing of people on the beach and the targeting of Tamils fits the definition of genocide?

[Elliot Colburn]

I am grateful to my constituency neighbour for that intervention, and I absolutely agree with her. One of the shocking things we have heard—she will know this as a member of the APPG—is that those credibly accused of committing these war crimes have been, have recently been or still are serving at the top level of Sri Lankan society. That is absolutely shocking, but I will come on to some more of that in my speech.

--- Later in debate ---

[Siobhain McDonagh (Mitcham and Morden) (Lab)]

I thank colleagues from the APPG for Tamils for securing this incredibly important debate. For 13 long years since the end of the Sri Lankan civil war, the road to truth, justice and accountability has presented the Tamil community with so many challenges, so little progress and so much pain. No one who saw the images of the final days of the civil war could possibly forget them. The mass violation of human rights leaves a stain of injustice on Sri Lanka. The world looked away, but today we will not.

The ongoing crisis in Sri Lanka is having a devastating effect, with skyrocketing inflation and shortages of basic essentials such as food and medicine. Close to half the population now live below the poverty line. The UN warns that approximately one third of the population is experiencing food insecurity. This is a crisis in democracy decades in the making.

The world turned away when the Rajapaksa Government cluster-bombed their own people, committed genocide, murdered their journalists and enriched a small group led by one family. Their malign dynastic control stripped the economy bare, leaving behind a broken nation on the brink of economic collapse. The International Crisis Group points to Gotabaya’s authoritarian centralised and non-transparent decision making, describing the Administration as

“surrounded by cronies and oblivious to criticism”

and saying that they

“rejected repeated calls for a course correction as the crisis deepened.”

What should happen now? First, the country agreed a preliminary deal with the IMF in September for a loan of $2.9 billion. An IMF bailout is essential, but does the Minister agree that any financial assistance must go hand in hand with democratic and human rights reforms, in particular for the Tamil community?

Meanwhile, during the current crisis, the Sri Lankan Government have once more shown their brutal face, by aggressively cracking down, under draconian anti-terror legislation, on protesters such as Wasantha Mudalige, convener of the Inter University Students’ Federation, who was arrested at a peaceful protest in August. They agreed with the UN and the EU that they would either change or abolish the Prevention of Terrorism Act. Instead, they are using it in full force, creating unsafe conditions for all political activists, and defenders of human rights and democratic rights.

We should be extremely concerned by the findings of the UN high commissioner on the office on missing persons, which stated that it

“seems to be aimed at reducing the caseload and closing files rather than a comprehensive approach to establish the truth and ensure justice and redress to families.”

[John McDonnell]

There is a tragic irony that some of our constituents have gone out to Sri Lanka to look for the disappeared, and have been disappeared themselves. That is the failure of the whole system to have accountability and to investigate in an effective way.

[Siobhain McDonagh]

I completely agree with my right hon. Friend. For years and years, families have searched for their loved ones. Women have sought their husbands, sons and brothers, and nothing happens. Irrespective of the international community and its demands, nothing happens. Every Tamil family knows someone who is missing. What steps have been taken to address that judgment?

In the most recent UN resolution, to which the UK was a penholder, why was there no recommendation to pursue criminal accountability by referral to the International Criminal Court? I could barely believe my eyes when reading the Government’s reasoning, which cited “insufficient…Security Council support.” Who are we to cast a veto for China or Russia before they have done so themselves? Our role on the international stage must be to send the loudest message that impunity will not be tolerated, not to pre-empt the inaction of other nations.

Finally, why has Britain failed to impose Magnitsky-style sanctions on any Sri Lankan official implicated in human rights abuses or corruption? The Opposition firmly believe that those who have been involved in such crimes should be brought to justice. I hope the Minister will see the strength of cross-party feeling on the issues raised today. I know that the Tamil community in my constituency will be listening carefully to the answers given. Let me finish by thanking them all for their contribution to Mitcham and Morden, and by saying loud and clear that, however long the road to reconciliation may still be, we will keep fighting for justice and human rights until they are achieved.

Sri Lanka

Siobhain McDonagh Excerpts

Wednesday 13th July 2022 Commons Chamber

[Siobhain McDonagh (Mitcham and Morden) (Lab)]

(Urgent Question) To ask the Foreign Secretary if she will make a statement on the state of emergency declared in Sri Lanka.

[The Minister for Asia and the Middle East (Amanda Milling)]

We are closely monitoring the fast-moving and fluid political, economic and security situation in Sri Lanka. The Minister of State with responsibility for south Asia, Lord Ahmad, has engaged directly with our high commissioner and team on the ground. We encourage all sides to find a peaceful, democratic and inclusive approach to resolving the current political and economic challenges. Sri Lanka’s political and economic challenges should be resolved through an inclusive and cross-party process. Any transition of power should be peaceful, constitutional and democratic. I call on all parties to exercise restraint and refrain from violence.

[Siobhain McDonagh]

A state of emergency has been declared in Sri Lanka by Prime Minister Ranil Wickremesinghe after President Rajapaksa fled the country last night. That follows weeks of protests on the island, with inflation running at more than 50%, rocketing the price of everyday goods. The health system is on the verge of collapse due to a lack of medicine. There is no fuel for essential transport services and medical vehicles. There have been power cuts, school closures and we woke this morning to protestors overtaking the Prime Minister’s office, tear gas fired by police, a curfew imposed on the capital and the national TV broadcast suspended.

This is a crisis in democracy decades in the making. The world turned away when the Rajapaksa Government cluster bombed their own people committing genocide, murdered their journalists and enriched a small group led by one family. Their malign, dynastic control has stripped the country bare, leaving behind a broken nation on the brink of economic collapse. Sri Lanka is unable to buy essential goods from abroad and for the first time in its history it failed to make a payment on its foreign debt, a consequence of swingeing populist tax cuts at a time of economic instability—Tory leadership candidates beware.

An International Monetary Fund bailout is essential, but does the Minister agree that any financial assistance must go hand in hand with democratic and human rights reforms, in particular for the Tamil community which continues to fight for truth, justice and accountability as a result of the human rights abuses perpetrated at the end of the civil war by the outgoing Rajapaksa regime?

[Amanda Milling]

I am grateful to the hon. Lady for her question. As I say, we have been monitoring this very fast-moving and fluid political, economic and security situation. As she did, we urge a peaceful and democratic transition in line with the constitution and the rule of law. The Minister with responsibility for south Asia has been thoroughly engaged with the team on the ground in the high commission. I stress that he visited Sri Lanka earlier this year and met a range of civil society groups specifically to discuss the human rights situation. At that time, he met Ministers, including the President and the Foreign Minister, and urged them to take steps to improve human rights, and to deliver justice and accountability following the conflict. I reassure the House that we are closely monitoring the situation on the ground, which is very fast moving and fluid.