Demolition of Khan al-Ahmar

John Bercow Excerpts

Wednesday 4th July 2018 Commons Chamber

[Alistair Burt]

Both those statements from my hon. Friend are true, as far as they go—[Interruption.]

[Mr Speaker]

Order.

[Alistair Burt]

It is just a question of what the background and context might be. The settlements in the area are deemed illegal, but between 2014 and the summer of 2016 just 1.3% of building permits requested by Palestinians in area C were granted, and between 2010 and 2015 only 8% of all building permits in Jerusalem were given in Palestinian neighbourhoods. Practically, this leaves Palestinians with little option but to build without permission, placing their homes at risk of demolition on the grounds that they do not have a permit. While recognising Israel’s judicial system and recognising the rights that it believes it has in relation to this, other circumstances have to come into consideration, which is why the United Kingdom takes the view that it does about this demolition.

Detainee Mistreatment and Rendition

John Bercow Excerpts

Monday 2nd July 2018 Commons Chamber

[Mr Kenneth Clarke (Rushcliffe) (Con)]

(Urgent Question): To ask the Secretary of State for Foreign and Commonwealth Affairs if he will make a statement on whether the Government will now reinstate the judge-led inquiry that the former Government promised in 2012, in the light of the two Intelligence and Security Committee reports on detainee mistreatment and rendition published on 28 June 2018.

[Mr Speaker]

Order. Before the Minister of States replies—we look forward to that with eager anticipation—perhaps I can be the first in the House to congratulate the right hon. and learned Gentleman, the Father of the House, on his birthday. The only prediction I feel that I can make with any confidence is that, as he celebrated two weeks ago today the 48th anniversary of his first election to the House, it is a fair bet that he has now reached the mid-point of his parliamentary career.

[The Minister for Europe and the Americas (Sir Alan Duncan)]

May I also congratulate my right hon. and learned Friend the Member for Rushcliffe (Mr Clarke)? At the outset, I want to thank him for his question and his leadership of the all-party parliamentary group on extraordinary rendition.

The Government welcome the publication of the Intelligence and Security Committee’s reports and are grateful for its vital work and examination of allegations of UK involvement in mistreatment and rendition. May I also declare that between 2014 and 2016, I was for a period on the Intelligence and Security Committee when it was conducting this very long investigation? It is right that these reports and as much information as possible from this period are put in the public domain. We need to ensure that we learn from past mistakes so that they are never repeated. The Prime Minister laid a written ministerial statement in Parliament last Thursday, setting out the Government’s initial response to the reports.

It is important to note the context in which the Government, including the security and intelligence agencies and the armed forces, were working in the immediate aftermath of 11 September 2001. The UK responded to the tragic events of 9/11 with the aim of doing everything possible to prevent further loss of innocent life. With the benefit of hindsight, it is clear that UK personnel were working within a new and challenging operating environment for which, in some cases, they were not prepared. It took too long to recognise that guidance and training for staff was inadequate, and too long to understand fully, and take appropriate action on, the risks arising from our engagement with international partners.

The “Current Issues” report recognises that improvements have been made to operational processes since those post-9/11 years. In particular, the consolidated guidance, published in 2010—I would point out that we are the only country to have active consolidated guidance of this sort in operation—provides clear direction for UK personnel and governs their interaction with detainees held by others and the handling of any intelligence received from them. This is coupled with world-leading independent oversight, including by the Committee and the Investigatory Powers Commissioner, Sir Adrian Fulford.

Formal oversight responsibility for the consolidated guidance rests with the Investigatory Powers Commissioner. Last week, Sir Adrian Fulford welcomed the Prime Minister’s invitation to him to make proposals on how the consolidated guidance could be improved further and he would be able to take account of the Committee’s views and those of civil society. The Prime Minister has stated that the Government will give further consideration to the Committee’s conclusions and recommendations. The Government will also give careful consideration to the calls for another judge-led inquiry and will update the House within 60 days of publication of the reports.

I would like once again to reassure the House that the Government do not participate in, solicit, encourage or condone the use of torture for any purpose. We can and should be proud of the work done by our intelligence and service personnel, often in the most difficult circumstances. It is right that they should be held to the highest possible standards, and I am confident that the changes we have made in recent years will allow us both to protect our national security and to maintain our global reputation as a champion for human rights across the world.

Oral Answers to Questions

John Bercow Excerpts

Tuesday 26th June 2018 Commons Chamber

[Peter Grant]

Is it not time for the Government to question seriously whether the current President of the United States is a fit and proper person to be our greatest ally? This is someone who can only be described as a serial child abuser. Putting children into concentration camps is not acceptable. The President has not yet taken the children out of those camps: he is holding them hostage to force their parents to give up their claims to asylum, and he is also trying to abolish due process by having no courts and no judges to decide on them. How can this person be fit for a state visit?

[Mr Speaker]

Too long. Hopelessly long.

[Boris Johnson]

With great respect, I refer the hon. Gentleman to the answers that I have already given. The President of the United States has repealed the policy in question, and he remains the Head of State of our most important economic, military and security ally.

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[Emily Thornberry]

I would like to answer but unfortunately I do not have any more time.

[Mr Speaker]

Order. I think the Foreign Secretary knows that the right hon. Lady has had her two questions, and therefore that it would not be legitimate to put a third on this occasion. There may be other occasions. We come now to Question 2 and we need to speed up.

[Patricia Gibson (North Ayrshire and Arran) (SNP)]

2. What recent discussions he has had with Cabinet colleagues on the extent of freedom of worship in Commonwealth countries.

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[Several hon. Members rose—]

[Mr Speaker]

If any colleague can produce a single-sentence question, it will maximise participation.

[Stephen Crabb (Preseli Pembrokeshire) (Con)]

Will my right hon. Friend join me in welcoming the landmark visit today by His Royal Highness the Duke of Cambridge, the first member of the royal family to officially visit Israel? The visit underlines the deep bond of friendship between the two countries.

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[Mr Speaker]

Order. Just a hint: global Britain can potentially have links with Australia and New Zealand if that is of interest to the hon. Member for Cheadle (Mary Robinson), who has a question that might otherwise not be reached.

[Mary Robinson (Cheadle) (Con)]

18. Thank you, Mr Speaker; it most certainly is.My right hon. Friend the Foreign Secretary will be aware that the Australia-United States free trade agreement was negotiated within 13 months. Can he outline what preparations his Department is making, so that when we leave the EU we can begin to negotiate speedy free trade arrangements with our Commonwealth counterparts? In the spirit of Commonwealth friendship, while he is on his feet, would he mind wishing the Socceroos every success in their game tonight?

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[Sir Alan Duncan]

A fundamental principle of our foreign policy is to defend freedom of expression and media freedom in all the countries we have associations with. This is something that we raise on a regular basis with all our counterparts in Turkey.

[Mr Speaker]

The right hon. Member for Cynon Valley (Ann Clwyd) has perambulated away from her normal position, but we are nevertheless delighted to see her.

[Ann Clwyd (Cynon Valley) (Lab)]

I agree with the hon. Member for South Dorset (Richard Drax) that thousands of journalists, as well as thousands of academics and other individuals, are being held without trial in jail in Turkey. Hundreds of thousands of people are being held without trial in prison there, including political leaders and members of Parliament. I ask the Foreign Office to be robust in its discussions with President Erdoğan on the safety of those people and their right to a fair trial.

[Sir Alan Duncan]

I can assure the right hon. Lady that one of the advantages of our close association with Turkey is that we can speak to it very directly and firmly, in a way that many of our counterparts cannot. We have called on Turkey on many occasions to end the state of emergency that has led to many of those arrests, and we very much hope that, following the clear result of the election, the state of emergency can be lifted.

[Mr Speaker]

I call Giles Watling.

[Giles Watling (Clacton) (Con)]

Question 11, if you please, Mr Speaker.

[Mr Speaker]

I beg the hon. Gentleman’s pardon, but I think that Mr Mahmood wanted to come in from the Front Bench.

[Mr Khalid Mahmood (Birmingham, Perry Barr) (Lab)]

Thank you very much, Mr Speaker. We are all concerned about the impact of this result on the human rights of those journalists, political prisoners and academics who are being held in prison, and on press freedoms and the rule of law inside Turkey. The Minister has described our close connections with Turkey. As a first step, have the Government urged President Erdoğan to lift the state of emergency?

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[Boris Johnson]

I am delighted to say that we will do everything in our power to stick up for the wildcat wherever it is found—[Interruption.]

[Mr Speaker]

Order. The hon. Member for Caithness, Sutherland and Easter Ross (Jamie Stone) seems to have a compendious knowledge of rare species, and we are very grateful to him.

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[Mark Field]

I thank my hon. Friend for raising this issue, which I know affects a number of constituents not just in the west midlands but across the country. I recognise that this has been an incredibly difficult and distressing time for Mr Johal and his family, whom I most recently met along with their very assiduous constituency MP, the hon. Member for West Dunbartonshire (Martin Docherty-Hughes), on 18 June.

We continue to raise Mr Johal’s case with the Indian Government at the highest level. I raised it with the Minister for External Affairs on 7 May in New Delhi, and Baroness Williams has also done so. The Prime Minister, very unusually, brought up this consular issue with Prime Minister Modi at the Commonwealth Heads of Government meeting on 18 April.

[Mr Speaker]

I think the constituency MP should have a chance to do so.

[Martin Docherty-Hughes (West Dunbartonshire) (SNP)]

I thank the hon. Member for Walsall North (Eddie Hughes) for using his good offices to bring this matter, on which the Minister has been assiduous, to the Floor of the House.

The Foreign Secretary has met the hon. Member for Walsall North, whom I have emailed, to discuss this case, and it has been put online, for which I am very grateful because it keeps the case in the public domain. When will the Foreign Secretary now bother to meet Jagtar Singh Johal’s constituency Member of Parliament to discuss this face to face?

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[Mark Field]

May I point out that the Foreign Secretary has visited Africa on no fewer than nine occasions during the past year? Although I assume there will not be too many difficult votes to be dealt with during the course of the year ahead, I am sure he will have that sort of commitment. The hon. Lady rightly points out that, in places like Cameroon and the DRC, we are highly respected as a Government and will continue to be so.[Official Report, 27 June 2018, Vol. 643, c. 6MC.]

[Mr Speaker]

The last question in this session goes to Mr Philip Hollobone.

[Mr Philip Hollobone (Kettering) (Con)]

15. What steps he, Ministers of his Department and the British Embassy in Tehran have taken to tackle the threat posed by Iran’s support for Shia Islamists abroad; and if he will make a statement.

World Cup 2018: FCO Preparations

John Bercow Excerpts

Thursday 14th June 2018 Commons Chamber

Select Committee statement

[Mr Speaker]

We now come to the Select Committee statement by the Chair of the Foreign Affairs Committee, the hon. Member for Tonbridge and Malling (Tom Tugendhat). I remind the House of the procedure, which is still relatively new. The procedure is that the hon. Gentleman, as Chair of the Select Committee, may speak for up to 10 minutes, during which no interventions may be taken. At the conclusion of his statement, I will call on Members to put questions on its subject and call on Mr Tugendhat to respond to them in turn.

[Tom Tugendhat (Tonbridge and Malling) (Con)]

Thank you, Mr Speaker. I am very pleased that we are following on from a matter so close to Scottish hearts we are now going to take on another one that is very close to Scottish hearts, which is, of course, England and the World cup.

This is a timely statement, because today, in only two hours, Russia is playing Saudi Arabia. I wish both sides the best of luck because, frankly, it would be hard to choose between them, although not as much luck as I wish the England team when we come up against Tunisia on Monday.

Before the tournament began, the Foreign Affairs Committee wanted to ensure that the Foreign Office was providing adequate support to the 10,000 UK nationals who are expected to travel to Russia. As a Committee, we are concerned about the history of violence by Russian hooligans, the current tensions between the United Kingdom and Russia, and particularly the expulsion of Foreign and Commonwealth Office officials working on the preparations for the games. That was why we launched this inquiry into the FCO’s preparations for the World cup.

We wanted to explore the impact that the UK’s reduced diplomatic presence has had on preparations for the tournament, and what the Foreign Office has done to keep fans informed of the risks and how to stay safe. We heard evidence of the hard work that has been taking place across Government and other bodies to prepare for the World cup. We would like to recognise the work of all those involved in the preparations, especially the officials who have remained in Russia, their colleagues who were expelled and those who had to leave.

The Committee concluded that Russia raises serious concerns as a World cup host. Russian hooligan groups have a history of violence at matches, as we saw at the European championships in France in 2016, when dozens of England fans were injured by co-ordinated groups of Russian supporters—many of them encouraged by members of the Russian Duma. Despite a Government crackdown on these groups, Russian authorities cannot control the hooligans who operate at the margins. Some minority groups face even greater risks. We refer particularly to lesbian, gay, bisexual and transgender groups—people in Russia who have suffered persecution and violence, often at the hand of the state. In the words of the Foreign Office, the state takes

“little action to combat homophobia.”

Today, it is worth noting that the well-known campaigner, Peter Tatchell, appears to have been detained in Russia while campaigning for LGBT rights.

We received evidence of vile threats made towards LGBT football fans, warning them not to come to the World cup. Racist abuse is also common around football matches in Russia, and the FCO has warned travellers about the risks of racially-motivated attacks. Hooligan groups often have links to far-right politics. Although the United Kingdom recognises the risk to minorities, we are concerned that the FCO’s approach in this area has been overly complacent. The Foreign Office Minister, my hon. Friend the Member for West Worcestershire (Harriett Baldwin), offered us only vague reassurances about the Russian state’s commitment to protecting minority fans.

There is also a risk of attacks targeted against UK nationals generally. After the Salisbury incident, the Foreign Office warned travellers that heightened political tensions could lead to anti-British sentiments. It is also worth noting that, although of course the focus is on England, fans from across the United Kingdom will be going to support teams from across the world, so we are very conscious that these fans may be from any one of the nations. For these reasons, we remain concerned about the safety of all UK fans travelling to Russia.



Given the risks, we believe that it was wrong for the Russian Government to expel the officials leading on the preparations for the World cup. We are concerned that this will have hindered preparations and could put the safety of UK fans at risk. The safety of fans in the World cup is Russia’s responsibility, and the advantage that it has as a police state is, of course, that it has many policemen. Russia could choose—and can act—to protect all. The Foreign Office and other witnesses told us that they had received adequate reassurances on Russia’s ability and commitment to do that. However, it is the Committee’s view that these reassurances are undermined by Russia’s decision to expel officials before the World cup, and the general volatility of Russian-UK relations. Only recently, a message went out from a politician who is a supporter of President Putin, saying that violence is intrinsic to the Russian game. It should not be; it has no place in football. The reassurances are also undermined by many other politicians who have supported violence against the LGBT community and ethnic minorities.

There are plans for rigorous security measures and extra consular support in places where the England team will play on match days, particularly within stadiums and official fan zones. The Russian security forces are likely to take a paramilitary approach, using overwhelming numbers to prevent disorder. However, we are concerned for the safety of UK fans between match days, and for those who are not following England and who therefore may be at other stadiums.

We are also concerned for the planning of later games. I am sure that the House shares my confidence that England will progress from the group stage to the knock-outs and all the way to the final, but it was not clear to the Committee exactly what preparations had taken place for England matches beyond the group stage.

The Foreign Office told us that it would advise UK nationals not to attend the World cup if it could not guarantee their safety. Given the volatile state of UK-Russia relations, it is important that the Government are ready to give clear and unambiguous advice to UK nationals if the situation changes while they are there. If the security situation deteriorates, the Government must be prepared to act fast and decisively, possibly advising fans to stay in a location, to reach the embassy or, indeed, to leave the country. That is why it is so important that the Government can communicate with fans during the tournament. However, at the time of this report’s publication fewer than 9,000 people had signed up to the FCO’s travel alert scheme, even though 150,000 UK citizens travel to Russia each year. It is a worryingly low number, suggesting that many fans may not yet have taken the opportunity to sign up. I urge all those who are travelling to do so.

We asked the Foreign Office why its advice website, “Be on the Ball”, for those travelling to the World cup did not offer specific security information to LGBT or black, Asian and minority ethnic fans, given the extra risks that they face. We welcome the fact that, after our questioning, the Government agreed to add this advice and it is now on the website. However, the Government missed a trick by not having it on the “Be on the Ball” site in the first place.

Football fans should not be faced with a choice between missing a wonderful sporting occasion such as the World cup and travelling to countries with poor human rights records where there are high risks to fans. That is why, in principle, we welcome FIFA’s recent reforms to the bidding process for World cup hosts that place human rights requirements on countries that host the tournament. We want to see what impact these reforms have in practice. Yesterday, FIFA members selected the United States, Canada and Mexico as the 2026 World cup hosts under the new rules, and we welcome the possibility of encouraging fans to visit.

We have asked the Foreign Office to report back to us in September on how far the new conditions have served to ensure that host countries respect human rights and on what more needs to be done. Russia is an exceptional nation to be hosting the tournament and we recognise the difficulty that this has placed on the Foreign Office, so we look forward to hearing what lessons have been learnt. In that report, we would also like the Foreign Office to reflect on how successful its preparations were and to consider lessons for other large-scale events.

We wish all football fans and their hosts an enjoyable World cup. We hope to hear good news from the Foreign Office when it reports back to us in September with its assessment of how the tournament went. Of course, I wish the very best of luck to the England team when they play Tunisia on Monday. I look forward to welcoming them home with the trophy.

[Mr Speaker]

I am extremely grateful to the Chair of the Select Committee for his statement. I propose—with the concurrence of colleagues—that questions from the Front Benchers should come at the end, so we will take Back Benchers first.

[Ian Murray (Edinburgh South) (Lab)]

May I ask the distinguished Chair of the Foreign Affairs Committee to reflect on the issues around future World cups? I was delighted to see that the Committee has asked the Government to produce documentation to go to FIFA and UEFA to see whether countries bidding for these major sporting events, including the World cup, are indeed suitable to host them. I also wish England all the very best in the World cup, partly—or maybe mainly—due to the fact that I have put some money on them. That is my Scottishness shining through. Will the Chair of the Select Committee reflect on whether the Government are doing enough to make the case—not just to UEFA and FIFA, but to other international bodies of major sporting events—that we should not be granting these major, worldwide events to countries that have problems with LGBT rights, black and ethnic minority rights, rights for women and so on?

Yemen

John Bercow Excerpts

Monday 11th June 2018 Commons Chamber

[Mr Speaker]

I note in passing that today is the 31st anniversary of the election to the House of a number of right hon. and hon. Members still serving, including—there is a piquancy about mentioning this—the right hon. Member for Leicester East (Keith Vaz). I call Mr Keith Vaz to ask the urgent question.

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[The Minister for the Middle East (Alistair Burt)]

I congratulate the right hon. Member for Leicester East (Keith Vaz) on both his length of service and his question. Last Thursday, it was 35 years since I was first elected to the House—so there are a few of us old ones knocking around.

[Mr Speaker]

I would say long-serving rather than old.

[Alistair Burt]

On these occasions, I am grateful that you have such a gift for words, Mr Speaker.

On a serious matter, reports have been circulating for some time of a possible assault on either Hodeidah or Hodeidah port. Information at the beginning of last weekend, including from troop movements, suggested that such an attack might be imminent. In view of our responsibilities to aid agencies, the Department for International Development issued a statement based on that information. It read:

“We are doing everything we can through diplomatic channels to discourage an assault on Hodeidah. However despite these actions, a military assault now looks imminent. The Emiratis have informed us today that they will now give a 3-day grace period for the UN [and their partners] to leave the city. Please take all precautions necessary to prepare for this and let us know if there is anything we can do to assist you in any way. We are thinking of you and your staff at this very difficult time.”

That is the email that was reprinted in The Guardian today.

The Government are and have been concerned about the potential impact of any assault on the city and port of Hodeidah for some time and have made their concerns clear to the Saudi and Emirati Governments. The UN assesses that an attack on Hodeidah could displace up to 350,000 people and leave hundreds of thousands of Yemenis without access to basic goods or healthcare. The Foreign Secretary spoke to his Saudi and Emirati counterparts over the weekend, and we are in close touch with the UN humanitarian co-ordinator and the UN special envoy.

The majority of Yemen’s food and fuel imports enter through Hodeidah and Saleef ports and it is crucial that humanitarian and commercial imports continue to flow through the port. We urge all parties to facilitate access for essential imports of food, fuel and medical supplies into the country, including through Hodeidah. As with all aspects of the conflict, all parties must respect international humanitarian law and protect civilians.

No attack has yet taken place. Accordingly, we continue to urge all sides to de-escalate as a matter of urgency and to engage in the political process in good faith. The UN special envoy has previously expressed concern that conflicts in Hodeidah could take peace off the table “in a single stroke”. It is essential for him to be given the time that he needs to facilitate a negotiated solution that avoids conflict in the city and we support his efforts to do so.

It is important to recall the wider conflict. The conflict in Yemen is now in its fourth year. Houthi rebels took the capital by force in 2014 and displaced the legitimate Government of Yemen. The Saudi-led coalition action is designed to facilitate the restoration of effective governance. The Houthis have consistently failed to adhere to UN Security Council resolutions: they have, for instance, launched missile attacks on Saudi Arabia, prevented access to humanitarian supplies—which has led to significant damage to civilians—and prevented vital vaccinations.

We have been clear about the fact that there can be no military solution to the conflict. We continue to encourage all parties to show restraint, to return to negotiations and to engage in the UN-led political process in good faith, to work towards a comprehensive political settlement.

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[Several hon. Members rose—]

[Mr Speaker]

Order. A good many colleagues are seeking to catch my eye and this matter is urgent, which is why I granted the question, but there are two important ministerial statements to follow and, unusually, today it may not be possible to accommodate all who wish to take part. However, participation will be maximised if questions and answers are brief. To be blunt, there is no time for preamble.

[John Redwood (Wokingham) (Con)]

Is Iran involved on one side in this conflict and is that a complication in the wish to find not only a brokered peace in Yemen but a solution to the Iranian situation?

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[Crispin Blunt (Reigate) (Con)]

Along with the rest of the UN Security Council, we are unanimously on the side of the Saudi-led coalition, which is trying to bring order to Yemen in the face of the Houthi rebellion. As we have heard from the chairman of the all-party parliamentary group on Yemen, the right hon. Member for Leicester East (Keith Vaz), the port accounts for 70% to 80% of the imports into Yemen. Surely, our policy should be to aid the coalition we are supporting to take control of the port and the access into Yemen.

[Mr Speaker]

Order. We are short of time, and I have tried to make the point that if people asked short questions and got short answers, we would get through everybody.

[Alistair Burt]

My hon. Friend makes a serious point about the tactics being used to try to bring this conflict to a conclusion. Only a conclusion and a peace settlement will truly serve the interests of the people of Yemen. It is not for the United Kingdom to get involved in those tactics, but my hon. Friend makes a point about access to the port and how that can be used to benefit civilians.

Gaza: UN Human Rights Council Vote

John Bercow Excerpts

Monday 21st May 2018 Commons Chamber

[Several hon. Members rose—]

[Mr Speaker]

Order. Many hon. and right hon. Members are seeking to catch my eye on this important matter, as could have been anticipated. I am keen to accommodate demand up to a point, but as in respect of the previous urgent question I do not wish to run this at inordinate length. There is other important business to which we must attend, so I am looking to move on after approximately half an hour from the start of exchanges. Pithy questions, pithy answers and we will maximise participation.

[Theresa Villiers (Chipping Barnet) (Con)]

I very much welcome the Government’s decision not to back a resolution that was one-sided and biased against Israel. Will the Minister urge the UNHRC to desist from adopting these heavily one-sided resolutions as they have done so many times in the past?

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[Jess Phillips (Birmingham, Yardley) (Lab)]

I apologise, Mr Speaker, that I am not in full voice today. Will the UK set out its criteria for assessing the independence, impartiality and effectiveness of an internal Israeli investigation? What action will we take, should those criteria not be met?

[Mr Speaker]

That was still the equivalent of a lot of full voices.

[Alistair Burt]

It was indeed, and the hon. Lady’s questions are always relevant and to the point. Discussions are still taking place among members of the international community to define exactly what the terms will be. I said earlier that I had spoken to the Israeli ambassador last week, and representations have been made in Israel as well. I have indicated what we believe ought to happen in terms of there being an independent element to any investigation carried out by Israel, and we would like to see that delivered. There will be further consultations on this, as the hon. Lady would expect.

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[Yasmin Qureshi (Bolton South East) (Lab)]

The Minister has come to the House a number of times on this issue, and he has accepted the fact that there have been real abuses of the Palestinian people in Gaza through the use of poisonous water, through illegal settlements and through all sorts of cruelty to the Palestinian people, yet the international community rewards Israel with billions of pounds-worth of aid and armaments. Is it not about time that we—

[Mr Speaker]

Order. We have got the thrust of the hon. Lady’s question.

[Yasmin Qureshi]

Would it not be appropriate, instead of saying that we criticise Israel and condemn what it has done, if we actually took action over what Israel has been doing over the years?

Gaza Border Violence

John Bercow Excerpts

Tuesday 15th May 2018 Commons Chamber

[Several hon. Members rose—]

[Mr Speaker]

Order. If colleagues will forgive me, I think I can probably say without fear of contradiction that the Minister of State is almost universally respected in the House and very widely liked. Nobody enjoys hearing the Minister of State more than Mr Speaker. I say very gently, just as a guide, that I am quite keen to accommodate all colleagues on this matter. The Minister of State’s answers are up to him, but if he can bear that in mind, it would be hugely appreciated.

[Hilary Benn (Leeds Central) (Lab)]

All countries, Israel included, of course, have the right to defend themselves, but there is no justification—none whatsoever—for the IDF shooting at and killing unarmed protestors inside Gaza. Although I agree with the Minister that the fact that there is currently no peace process at all is the greatest tragedy of all, and that we must continue to strive for one with the courageous political leadership that that will involve, will he not agree in return that the very least we can do in these circumstances is to tell the truth about what is going on? Had it happened anywhere else, I think the condemnation would have been unequivocal.

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[Several hon. Members rose—]

[Mr Speaker]

Similarly to what I said to the Minister, if colleagues could be brief, that would help. There is no obligation to deliver a statement. What is really required is a pithy question, and I think we will get one from Layla Moran.

[Layla Moran (Oxford West and Abingdon) (LD)]

As you know, Mr Speaker, I am the first MP of Palestinian descent. Where it not for the Nakba—we are commemorating 70 years of that today—perhaps I would not be here, so it would be remiss of me not to press the Government. I absolutely agree that Hamas is partly responsible for this situation, and in between Hamas and a very extreme Israeli Prime Minister, we have the blood of children. Does the Minister not agree, however, that the two sides are not meeting as equals, at whatever peace process table, and that now is the moment to give recognition to the Palestinians, so that we have hope, because that is also what has died this week?

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[Several hon. Members rose—]

[Mr Speaker]

Order. I just gently observe what will be evident to everybody because you can see the Chamber: all remaining would-be contributors are situated on the Opposition Benches. I would like to accommodate colleagues. May I appeal to people who have pre-prepared scripts that they feel the nation must hear to consider possibly—just possibly—reducing or, dare I say it, even abandoning them and just asking the question? It is up to you, colleagues, but if you ask long questions, you do so in the certain knowledge that you are reducing the chances of one of your colleagues, with whom you normally feel great solidarity, having the opportunity to contribute. I am sure that you would not want to do that because it would be uncomradely, and none of you is going to behave in an uncomradely manner.

[Joanna Cherry (Edinburgh South West) (SNP)]

Like me, many of my constituents want to know why the British Government refuse to condemn unequivocally the shooting dead of unarmed civilians. Would the Minister care to enlighten us?

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[Alistair Burt]

The hon. Gentleman understands this situation extremely well, having held my post in the past, and knows the risks in the area. He is right to explain the risks that Israel feels all around it. He is also right to suggest that, unless we get something new into the situation to understand it and bring the confrontation to an end, we will not see progress. Whether it is led by just the United States or others, it is essential that we put something new into the process, otherwise we will be back here again.

[Mr Speaker]

Colleagues are delightfully incorrigible. A number are now developing a little technique of signalling to me that they intend to be very short, therefore trying to persuade me to call them earlier than some other colleague.

[Rushanara Ali (Bethnal Green and Bow) (Lab)]

Since 30 March, 97 Palestinians have been killed and more than 12,000 injured. I have heard words of concern expressed by the Minister, whom I greatly admire, but I implore him to use the word “condemn” and stop the trend of those in the Foreign Office to be mealy-mouthed when these killings happen. I implore our Government to take a leadership role and condemn the attacks.

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[Alistair Burt]

I agree with the hon. Gentleman that whatever has been considered until now is not achieving the end objective. We hope for more from the peace process; if that does not come, we will have to think of more radical, in the hon. Gentleman’s word, suggestions. The same basics of protection and security for the existence of the state of Israel, together with justice for a Palestinian state, have to remain the bulwarks of what the international community can take forward, but must ultimately be agreed by the parties themselves.

[Mr Speaker]

I express the confident hope that the hon. Member for Birmingham, Erdington (Jack Dromey), a legendary campaigner, will not require more than 20 words.

[Jack Dromey (Birmingham, Erdington) (Lab)]

The Palestinians have a right to nationhood and Israel has a right to security, but does the Minister not recognise the wise words of the right hon. Member for Mid Sussex (Sir Nicholas Soames)? Now is not the time for a “limp response” from our Government but the time to be unequivocal: there can be no justification for a thousand people being shot and no justification for the intransigence of the President of the United States of America and the Prime Minister of Israel, who are a fundamental obstacle on the road to peace.

[Mr Speaker]

I think the words were grouped.

[Alistair Burt]

The circumstances of yesterday’s killing and wounding of protesters were shocking and tragic, and that is why we need an investigation into all those circumstances. Beyond that, we have to find ways to bring these confrontations to an end. That will take a long political process in which the United Kingdom must be engaged. That is why it must be very clear that it needs to keep up its contact with both sides to make sure that we do not fall behind the binary lines being set up by many to prevent contact from one to the other. We need to make sure that we can keep channels of communication open between those who ultimately have to make decisions.

Oral Answers to Questions

John Bercow Excerpts

Tuesday 15th May 2018 Commons Chamber

[Boris Johnson]

My hon. Friend is absolutely right, and the statistics are truly horrifying. There are countries around the world, including in sub-Saharan Africa, where female illiteracy is running at 60%, 70% or sometimes 80%, which is why the UK is in the lead in campaigning at the UN, the G7 and the G20 for focus on this issue. That is also why the Prime Minister announced a further £212 million for girls’ education at the recent Commonwealth summit.

[Mr Speaker]

As he is the father of lots of daughters, I call Mr Barry Sheerman.

[Mr Barry Sheerman (Huddersfield) (Lab/Co-op)]

Is the Foreign Secretary aware that, in many parts of the developing world, educational institutions and orphanages are not quite what they seem? Children are taken into them and trafficked, instead of getting an education. Will he look into that?

--- Later in debate ---

[Several hon. Members rose—]

[Mr Speaker]

Order. I am sure that colleagues will not wish to be deprived, so I hope that the right hon. Gentleman will place a copy in the Library of the House for their delectation in the long summer evenings that lie ahead. [Interruption.] The transcript, man.

--- Later in debate ---

[Stephen Crabb (Preseli Pembrokeshire) (Con)]

rose—

[Mr Speaker]

I wish the right hon. Gentleman a full and speedy recovery.

[Stephen Crabb]

Thank you, Mr Speaker; that is very kind. The Iranian Government responded to President Trump’s announcement last week by showering Israel with rockets using their own forces inside Syria. What does my right hon. Friend think those forces of the Iranian Revolutionary Guard are actually doing inside Syria? If the Iran nuclear deal was not the thing to encourage Iran to become a more responsible member of the international community, what does he think will be?

--- Later in debate ---

[Tom Tugendhat (Tonbridge and Malling) (Con)]

rose—

[Mr Speaker]

Ah, yes. I think the House must hear the cerebral voice of the Chairman of the Foreign Affairs Committee. I call Mr Tom Tugendhat.

[Tom Tugendhat]

Thank you, Mr Speaker. I am grateful. As we are talking about the status of refugees in the middle east, does the Minister agree that his excellent work in the region has promoted peace but, more than that, does he also agree that many others could contribute to it? I am particularly thinking of the Iranian Government, who rather than spending their money on missiles and terrorists in Syria and elsewhere, could instead spend some of the Islamic Revolutionary Guard Corps money on the fate of refugees in Lebanon, Syria and indeed the areas of Gaza and the west bank. Those Palestinians are so often linked through political means to the Iranian regime, yet somehow the money seems to go only on weapons, with none of it going on education, schools or hospitals.

--- Later in debate ---

[Mark Field]

I thank the hon. Gentleman for his question. I know that there has been a great deal of co-operation with the Opposition Front-Bench team. We all recognise that these are terrible issues on which the UK political parties, irrespective of colour, need to work together on behalf of the international community.

We are awaiting the ICC’s decision on whether it has jurisdiction over the deportation of the Rohingya from Burma to Bangladesh on the basis that Bangladesh, unlike Burma, is a signatory to the Rome statute. The Security Council could refer Burma to the ICC, but we know that currently there is insufficient support on the Security Council, and a vetoed attempt at referral would, in our view, do little to further—[Interruption.] It is wonderful to do this as a duet, Mr Speaker, and I could continue doing so, but I hope you will appreciate that these are very serious matters about which people feel very strongly across the House and the country, so I hope you will indulge me for one more moment. We will ensure as far as possible that we do nothing to enhance the role of the Burmese military, and an early push for a Security Council resolution would, in our view, undermine our position.

[Mr Speaker]

I am extremely grateful to the Minister of State. I say this principally for the benefit of new Members who might not have heard me say it before: I once asked a predecessor of the Clerk of the House why it was that Foreign Office questions always seemed to take longer than other Question Times, to which, having consulted his scholarly cranium, he replied, “Mr Speaker, I think it is on account of the fact that when Ministers from the Foreign and Commonwealth Office address the House, they feel they are addressing not merely the House, or even the nation, but in fact the world.”

[Jeremy Lefroy (Stafford) (Con)]

14. What agreements were reached at the 2018 G7 meeting in Canada.

--- Later in debate ---

[Several hon. Members rose—]

[Mr Speaker]

Order. We come now to topical questions. Needless to say, those who lost out on substantives can well hope to be called in topical questions, so they should not beetle out of the Chamber unless they are exceptionally busy people with many commitments and fuller than average diaries.

[Stephen Timms (East Ham) (Lab)]

T1. If he will make a statement on his departmental responsibilities.

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[Several hon. Members rose—]

[Mr Speaker]

Order. From now on, obviously, we need a sentence from each colleague.

[Rehman Chishti (Gillingham and Rainham) (Con)]

T2. I recently held a community engagement event with the Tunisian ambassador to the United Kingdom. Can the Minister confirm that security co-operation between the UK and Tunisia is now excellent, given that TUI and Thomas Cook have resumed flights to Tunisia?

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[Hugh Gaffney (Coatbridge, Chryston and Bellshill) (Lab)]

T3. If a British citizen from England or Wales dies abroad there is a further post-mortem when the body returns to the UK, but those from Scotland, such as my late constituent Craig Mallon who died in 2012, are not entitled to another post-mortem and the one conducted by the other country—in this case Spain—seems to be accepted. This year it will be six years since Craig Mallon died—

[Mr Speaker]

Order. What we need from the hon. Gentleman is a sentence with a question mark at the end. I do not wish to be unkind to the hon. Gentleman, of whom I am very fond, but we are very short of time. Blurt it out, man.

[Hugh Gaffney]

Craig Mallon died six years ago, after just one post-mortem; his mother died recently, broken-hearted. Will the Minister meet me to discuss that case?

--- Later in debate ---

[Several hon. Members rose—]

[Mr Speaker]

A sentence each, short and preferably without subordinate clauses, the first to be delivered through the brilliant brain of the hon. and learned Member for Edinburgh South West (Joanna Cherry).

[Joanna Cherry (Edinburgh South West) (SNP)]

Thank you, Mr Speaker.

When the Prime Minister meets President Erdoğan later today, will she raise with him the Turkish military invasion of Afrin, the numerous civilian deaths and the persecution of the Kurds, who have so often stood side by side with the United Kingdom in resisting ISIS?

--- Later in debate ---

[Mr Speaker]

Peter Grant: a sentence.

[Peter Grant (Glenrothes) (SNP)]

What steps are the Government taking to ensure that the Zimbabwean Government understand the importance of proper reparations for UK citizens who have been the victims of serious crimes committed allegedly by associates of the present and previous Governments of Zimbabwe?

Sanctions and Anti-Money Laundering Bill [Lords]

John Bercow Excerpts

3rd reading: House of Commons & Report stage: House of Commons
Tuesday 1st May 2018 Commons Chamber

Consideration of Bill, as amended in the Public Bill Committee.

[Mr Speaker]

Before we begin with Government new clause 3, I want to refer to the procedure for this debate. As the House will know, I have decided not to use my discretion to select the late starred new clauses and amendments from the Government, which were tabled yesterday afternoon and which appeared in print for the first time only this morning.

New Clause 3

Periodic reports on exercise of power to make regulations under section 1

“(1) The Secretary of State must as soon as reasonably practicable after the end of each reporting period lay before Parliament a report which—

(a) specifies the regulations under section 1, if any, that were made in that reporting period,

(b) identifies which, if any, of those regulations—

(i) stated a relevant human rights purpose, or

(ii) amended or revoked regulations stating such a purpose,

(c) specifies any recommendations which in that reporting period were made by a Parliamentary Committee in connection with a relevant independent review, and

(d) includes a copy of any response to those recommendations which was made by the government to that Committee in that reporting period.

(2) Nothing in subsection (1)(d) requires a report under this section to contain anything the disclosure of which may, in the opinion of the Secretary of State, damage national security or international relations.

(3) For the purposes of this section the following are reporting periods—

(a) the period of 12 months beginning with the day on which this Act is passed (“the first reporting period”), and

(b) each period of 12 months that ends with an anniversary of the date when the first reporting period ends.

(4) For the purposes of this section—

(a) regulations “state” a purpose if the purpose is stated under section 1(3) in the regulations;

(b) a purpose is a “relevant human rights purpose” if, in the opinion of the Secretary of State, carrying out that purpose would provide accountability for or be a deterrent to gross violations of human rights.

(5) In this section—

“the government” means the government of the United Kingdom;

“gross violation of human rights” has the meaning given by section 1(6A);

a “Parliamentary Committee” means a committee of the House of Commons or a committee of the House of Lords or a joint committee of both Houses;

a “relevant independent review”, in relation to a Parliamentary Committee, means a consideration by that Committee of whether the power to make regulations under section 1 should be exercised in connection with a gross violation of human rights.”—(Sir Alan Duncan.)

This new clause requires periodic reports to be made about the use of the power to make sanctions regulations. A report must identify regulations relating to gross human rights violations. It must also specify any recommendations made by a Parliamentary Committee for use of that power in relation to such violations, and include the government’s response.

Brought up, and read the First time.

[The Minister for Europe and the Americas (Sir Alan Duncan)]

I beg to move, That the clause be read a Second time.

[Mr Speaker]

With this it will be convenient to discuss the following:

New clause 1—Scottish Limited Partnerships: partner requirement—

“(1) For the purposes of preventing money laundering, where a limited partnership registered in Scotland has general partners at least one of those must be a British citizen.

(2) Where a limited partnership registered in Scotland has limited partners at least one of those must be a British citizen.

(3) In this section—

a “limited partnership registered in Scotland” means a partnership registered under the Limited Partnerships Act 1907;

“British citizen” has the meaning given in part 1 of the British Nationality Act 1981.

“general partner” has the meaning given in section 4(2) of the Limited Partnership Act 1907;

“limited partner” has the meaning given in section 4(2A) of the Limited Partnership Act 1907”.

New clause 6—Public registers of beneficial ownership of companies registered in British Overseas Territories—

“(1) For the purposes of the detection, investigation or prevention of money laundering, the Secretary of State must provide all reasonable assistance to the governments of the British Overseas Territories to enable each of those governments to establish a publicly accessible register of the beneficial ownership of companies registered in each government’s jurisdiction.

(2) The Secretary of State must, no later than 31 December 2020, prepare a draft Order in Council requiring the government of any British Overseas Territory that has not introduced a publicly accessible register of the beneficial ownership of companies within its jurisdiction to do so.

(3) The draft Order in Council under subsection (2) must set out the form that the register must take.

(4) If an Order in Council contains requirements of a kind mentioned in subsection (2)—

(a) it must be laid before Parliament after being made, and

(b) if not approved by a resolution of each House of Parliament before the end of 28 days beginning with the day on which it is made, it ceases to have effect at the end of that period (but without that affecting the power to make a new Order under this section).

(5) In calculating a period of 28 days for the purposes of subsection (4), no account is to be taken of any time during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than four days.

(6) For the purposes of this section, “British Overseas Territories” means a territory listed in Schedule 6 of the British Nationality Act 1981.

(7) For the purposes of this section, “a publicly accessible register of the beneficial ownership of companies” means a register which, in the opinion of the Secretary of State, provides information broadly equivalent to that available in accordance with the provisions of Part 21A of the Companies Act 2006.”

This new clause would require the Secretary of State to take steps to provide that British Overseas Territories establish publicly accessible registers of the beneficial ownership of companies.

New clause 14—Public registers of beneficial ownership of companies in the Crown Dependencies—

“(1) For the purpose of preventing money laundering, the Secretary of State must provide all reasonable assistance to the governments of the Crown Dependencies to enable each of those governments to establish a publicly accessible register of the beneficial ownership of companies registered in that government’s jurisdiction.

(2) The Secretary of State must, by the deadline set for the implementation of the European Union’s 5th Anti-Money Laundering Directive, prepare a draft Order in Council requiring the government of any Crown Dependency that has not introduced a publicly accessible register of beneficial ownership of companies within their jurisdiction to do so.

(3) The draft Order in Council under subsection (2)—

(a) must be laid before Parliament after being made, and

(b) if not approved by a resolution of each House of Parliament before the end of the 28 days beginning with the day on which it is made, ceases to have effect at the end of that period (but without that affecting the power to make a new Order).

(4) In calculating a period of 28 days for the purposes of subsection (4), no account is to be taken of any time during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than 4 days.

(5) For the purposes of this section, a “publicly accessible register of beneficial ownership of companies” means a register which, in the opinion of the Secretary of State, provides information broadly equivalent to that available in accordance with the provisions of Part 21A of the Companies Act 2006 (information about people with significant control).

(6) For the purposes of this section, “Crown Dependency” means—

(a) any of the Channel Islands;

(b) the Isle of Man.”

New clause 19—Scottish Limited Partnerships: UK bank account requirement—

“(1) For the purposes of preventing money laundering, where a limited partnership registered in Scotland has general partners at least one of those must have an active UK bank account.

(2) Where a limited partnership registered in Scotland has limited partners at least one of those must have an active UK bank account.

(3) In this section—

a “limited partnership registered in Scotland” means a partnership registered under the Limited Partnerships Act 1907;

“general partner” has the meaning given in section 4(2) of the Limited Partnership Act 1907;

“limited partner” has the meaning given in section 4(2A) of the Limited Partnership Act 1907.”

Government amendments 10 to 12.

Amendment 32, in clause 1, page 2, line 17, at end insert—

“(i) further accountability for, or act as a deterrent to, the commission of a gross human rights abuse or violation.”

This amendment would enable sanctions to be made for the purpose of preventing, or in response to, a gross human rights abuse or violation.

Amendment 33, page 2, line 35, at end insert—

“(5A) In this section, conduct constitutes “the commission of a gross human rights abuse or violation” if each of the following three conditions is met.

(5B) The first condition is that—

(a) the conduct constitutes the torture of a person who has sought—

(i) to expose illegal activity carried out by a public official or a person acting in an official capacity, or

(ii) to obtain, exercise, defend or promote human rights and fundamental freedoms, or

(b) the conduct otherwise involves the cruel, inhuman or degrading treatment or punishment of such a person.

(5C) The second condition is that the conduct is carried out in consequence of that person having sought to do anything falling within subsection (2)(a)(i) or (ii).

(5D) The third condition is that the conduct is carried out—

(a) by a public official, or a person acting in an official capacity, in the performance or purported performance of his or her official duties, or

(b) by a person not falling within paragraph (a) at the instigation or with the consent or acquiescence—

(i) of a public official, or

(ii) of a person acting in an official capacity, who in instigating the conduct, or in consenting to or acquiescing in it, is acting in the performance or purported performance of his or her official duties.

(5E) Conduct that involves the intentional infliction of severe pain or suffering on another person is conduct that constitutes torture for the purposes of subsection (2)(a).

(5F) It is immaterial whether the pain or suffering is physical or mental and whether it is caused by an act or omission”.

This amendment, which is consequential on Amendment 32, would define what constitutes the commission of a gross human rights abuse or violation. The commission of a gross human rights abuse or violation would include the torture of a person who had sought to expose the illegal activity of a public official, or the torture of a person who had sought to defend human rights or fundamental freedoms, by a public official or a person acting in an official capacity.

Government amendments 13 to 17.

Amendment 20, in clause 56, page 43, line 7, after first “1”, insert

“, section (Public registers of beneficial ownership of companies registered in British Overseas Territories)”.

This amendment is consequential on NC6.

Government amendment 18.

Amendment 31, in title, line 5 after “objectives”, insert

“or to further accountability for, or act as a deterrent to, the commission of a gross human rights abuse or violation”.

This amendment to the long title would be consequential on Amendment 32.

[Sir Alan Duncan]

This group contains new clauses and amendments regarding three related issues that I will discuss in turn: imposing sanctions for gross human rights violations, or what is now popularly known as the Magnitsky amendment; Scottish limited partnerships, which are of deep concern, particularly for the Scottish National party; and public registers of beneficial ownership in the overseas territories. In two of those areas, the Government are taking action to tackle abuses and tighten up standards: through Government amendments on Magnitsky and through a consultation document on Scottish limited partnerships.

--- Later in debate ---

[Several hon. Members rose—]

[Mr Speaker]

Order. I want to call several more colleagues and therefore there is a premium upon brevity.

[Jo Swinson]

Having listened to various hon. Members refer to the excellent briefing by Transparency International UK, I should declare an interest, as I am married to its director of policy—the briefings really are excellent.

Turning first to the Magnitsky amendments, I welcome Government amendments 10 and 13, which reflect the Prime Minister’s commitment of 14 March. After Second Reading, many of us felt rather less confident than previously that they would be forthcoming, so I am glad that the Government have brought them forward, given that the issue has been raised repeatedly. I am particularly reassured by the Minister’s confirmation that the lists of people sanctioned will be put in the public domain for anybody to see. I agree with others that that is a very important deterrent.

The importance of human rights and the part that our country plays in upholding them internationally cannot be overstated—they are vital. The hon. Member for Glasgow Central (Alison Thewliss) set out the horrendous case of Sergei Magnitsky and the horrendous lengths to which oligarchs will go to protect their ill-gotten gains. I was reminded, on the wider issue of corruption, that we are talking about not just numbers on spreadsheets, but people’s lives—this is literally a life and death matter. I recall planning a visit to Russia to investigate human rights abuses in Chechnya. We had to postpone the visit because the individual we had been organising it with, Natalya Estemirova, who was from a human rights organisation, was assassinated.

That followed the murder of the journalist Anna Politkovskaya, and last October we were shocked by the murder in Malta of the investigative reporter Daphne Caruana Galizia. These people were murdered for investigating and exposing corruption and human rights abuses. I was particularly pleased to see the launch of the Daphne project in tribute to Daphne, with 45 reporters from 15 countries carrying on her work so that her stories will live on. One of the most powerful ways to send a message to anyone who would seek to silence those trying to uncover corruption is to make sure that what they were uncovering is finally exposed.

The Minister mentioned the consultation that was launched yesterday on Scottish limited partnerships. The very real problems that have arisen under those partnerships have been in the public domain for more than 18 months, and given that we as a country have been trying to lead on this in recent years, we need to be moving with much more alacrity. The hon. Member for Glasgow North East (Mr Sweeney) made an incredibly important point about enforcement. We need to ramp up Companies House’s ability to investigate, and that requires resources. Very good people there are trying to do a very good job, but given that 17,000 Scottish limited partnerships were registered to just 10 addresses, there are questions to be asked about how risk-based investigation and digital tools could be improved.

--- Later in debate ---

[Mr Cox]

On a point of order, Mr Speaker. As you know, at the conclusion of the debate on the amendments, I informed you that I wished to raise a point of order. I intervened on several occasions in the debate and I should have made it clear—as I would had you called me to speak—that I have on occasions practised in some of the Caribbean countries that formed the basis of our discussion in my capacity as a member of the Bar. I have done that for more than 20 years and I have a familiarity with those jurisdictions as a result.

The other matter I wish to raise is that before the commencement of the debate you informed us that you were not able to select the Government amendments. Can you clarify whether it was open to you to select those amendments, because you mentioned also that they had been submitted late? So that there should be no misunderstanding, especially outside the House, will you confirm that it would have been open to you, even though they were submitted late?

[Mr Speaker]

Yes. I do not wish to be unkind to the hon. and learned Gentleman, but—uncharacteristically for someone who is normally as fastidious and precise in his use of language and exegesis of what others say—he errs in quoting me. He said that I had indicated that I was not able to select the amendments. I accept that the error is inadvertent and not deliberate, but I never said that I was not able to select the amendments. I said at the outset that I had decided not to use my discretion to select the late starred new clauses and amendments from the Government, which were tabled yesterday afternoon and appeared in print for the first time only this morning. I absolutely accept that I have discretion in the matter, and I used that discretion as I thought right.

As for the other part of the hon. and learned Gentleman’s point of order, he was being most courteous in advising the House of that matter, but—and I do not mean this in any sense discourteously—I think it would be true to say that he was more interested in what he had to say to me and to the House than anything that I might have to say to him on the subject. He has made his point with force and clarity and I thank him for doing so.

[Hannah Bardell]

On a point of order, Mr Speaker. I seek your guidance. New clause 6 has just passed in a spirit of cross-party co-operation. I find it interesting that the right hon. Member for East Antrim (Sammy Wilson) spoke so vigorously against the new clause. What can we do to ensure that Members who speak so vigorously against an amendment put their money—as we know, the DUP have rather a lot of it—where their mouth is, proverbially speaking?

[Mr Speaker]

That is a somewhat tendentious attempt at a point of order, which is rather revealed by the hon. Lady’s grinning visage. The convention in this place is that votes should follow voice. Votes should not be in opposition to voice, but as to how the hon. Gentleman voted I do not know. If the hon. Lady is suggesting that he spoke on the matter in one direction and then did not vote, that is entirely up to the hon. Member. The hon. Member has not behaved improperly. The hon. Member may have irked the hon. Lady, but that is another matter. If it was in relation to an amendment on which there was no vote, there is nothing to be said—that is no matter for the Chair.

[Toby Perkins]

On a point of order, Mr Speaker. I made the hon. and learned Member for Torridge and West Devon (Mr Cox) aware, as is the convention, that I intended to raise a point of order about the fact that he spoke very passionately in favour of the Cayman Islands when he has clearly, according to his own entry in the Register of Members’ Financial Interests, done a lot of work on their behalf. That seems to have given him the opportunity to respond in advance to my point of order. Can you advise me, Mr Speaker, whether, on drawing the attention of the House to a particular entry, it makes any difference if a contribution is an intervention or at the start of a grandiose speech?

[Mr Speaker]

I would not refer to a speech as grandiose—that is the hon. Gentleman’s choice of language—but the short answer is no. If a Member is intervening in a debate, whether by intervention or in the form of a full- blooded speech, the responsibility to declare an interest is unchanged. I feel that the hon. and learned Member for Torridge and West Devon (Mr Cox) has clarified the position, which I think is appreciated, and I would like to leave it there. I thank him for what he has said.

[Luke Graham]

On a point of order, Mr Speaker. Today is the 311th anniversary of the signing of the Act of Union between England, Wales and Scotland. May I seek the Chair’s advice on how we might mark this momentous occasion?

--- Later in debate ---

[Mr Speaker]

I think the hon. Gentleman has achieved his objective. I gently point out that I still have propositions to put to the House and there is not a huge amount of time for the second group. I hope that that is the end to points of order. I thank the hon. Gentleman for what he has said.

Amendments made: Amendment 10, page 2, line 11, clause 1, at end insert—

“(ea) provide accountability for or be a deterrent to gross violations of human rights, or otherwise promote—

(i) compliance with international human rights law, or

(ii) respect for human rights,”.

This amendment makes clear that sanctions regulations can be made for the purpose of preventing, or in response to, a gross human rights abuse or violation.

Amendment 11, page 2, line 12, leave out “and human rights”.

This amendment is consequential on Amendment 10.

Amendment 12, page 2, line 16, leave out “human rights,”.

This amendment is consequential on Amendment 10.

Amendment 13, page 2, line 38, at end insert—

“(6A) In this Act any reference to a gross violation of human rights is to conduct which—

(a) constitutes, or

(b) is connected with,

the commission of a gross human rights abuse or violation; and whether conduct constitutes or is connected with the commission of such an abuse or violation is to be determined in accordance with section 241A of the Proceeds of Crime Act 2002.”

This amendment establishes that “gross violation of human rights” includes the torture of a person, by a public official or a person in an official capacity, where the tortured person has sought to expose the illegal activity of a public official or to defend human rights or fundamental freedoms.

Amendment 14, page 3, line 3, after first “to” insert “(e), (ea) and (f) to”. —(Sir Alan Duncan.)

This amendment is consequential on Amendment 10.

Clause 2

Types of Sanction

Amendment made: 15, page 3, line 26, clause 2, after “to” insert “(e), (ea) and (f) to”. —(Sir Alan Duncan.)

This amendment is consequential on Amendment 10.

Clause 28

Review of Regulations

Amendment made: 16, page 22, line 25, clause 28, after “to” insert “(e), (ea) and (f) to”. —(Sir Alan Duncan.)

This amendment is consequential on Amendment 10.

Clause 40

Revocation and amendment of regulations under section 1

Amendment made: 17, page 31, line 39, clause 40, after “to” insert “(e), (ea) and (f) to”.—(Sir Alan Duncan.)

This amendment is consequential on Amendment 10.

Clause 56

Extent

Amendment made: 20, page 43, line 7, clause 56, after first “1”, insert “, section (Public registers of beneficial ownership of companies registered in British Overseas Territories)”.—(Dame Margaret Hodge.)

This amendment is consequential on NC6.

Clause 57

Commencement

Amendment made: 18, page 43, line 31, clause 57, at end insert—

“( ) section (Periodic reports on exercise of power to make regulations under section 1);”—(Sir Alan Duncan.)

This amendment has the effect that the commencement date of clause (Periodic reports on exercise of power to make regulations under section 1) is the day on which the Act is passed.

New Clause 4

Independent review of regulations with counter-terrorism purpose

‘(1) The Secretary of State must appoint a person to review the operation of such asset-freeze provisions of relevant regulations made by the Secretary of State as the Secretary of State may from time to time refer to that person.

(2) The Treasury must appoint a person to review the operation of such asset-freeze provisions of relevant regulations made by the Treasury as the Treasury may from time to time refer to that person.

(3) The persons appointed under subsection (1) and (2) may be the same person.

(4) In each calendar year, by 31 January—

(a) the person appointed under subsection (1) must notify the Secretary of State of what (if any) reviews under that subsection that person intends to carry out in that year, and

(b) the person appointed under subsection (2) must notify the Treasury of what (if any) reviews under that subsection that person intends to carry out in that year.

(5) Reviews of which notice is given under subsection (4) in a particular year—

(a) may not relate to any provisions that have not been referred before the giving of the notice, and

(b) must be completed during that year or as soon as reasonably practicable after the end of it.

(6) The person who conducts a review under this section must as soon as reasonably practicable after completing the review send a report on its outcome to—

(a) the Secretary of State, if the review is under subsection (1), or

(b) the Treasury, if the review is under subsection (2).

(7) On receiving a report under this section the Secretary of State or (as the case may be) the Treasury must lay a copy of it before Parliament.

(8) The Secretary of State may pay the expenses of a person who conducts a review under subsection (1) and also such allowances as the Secretary of State may determine.

(9) The Treasury may pay the expenses of a person who conducts a review under subsection (2) and also such allowances as the Treasury may determine.

(10) For the purposes of this section, regulations are “relevant regulations” if—

(a) they are regulations under section 1, and

(b) they state under section 1(3) at least one purpose which—

(i) is not compliance with a UN obligation or other international obligation, and

(ii) relates to counter-terrorism.

(11) A purpose “relates to counter-terrorism” if the report under section 2 in respect of the regulations indicated that, in the opinion of the appropriate Minister making them, the carrying out of that purpose would further the prevention of terrorism in the United Kingdom or elsewhere.

(12) For the purposes of this section a provision of relevant regulations is an “asset-freeze provision” if and to the extent that it—

(a) imposes a prohibition or requirement for a purpose mentioned in section 3(1)(a), (b) or (d), or

(b) makes provision in connection with such a prohibition or requirement.

(13) If a provision is referred under this section which contains a designation power, any review under this section of the operation of that provision may not include a review of any decisions to designate under that power.”

This new clause requires the appointment of an independent reviewer to conduct reviews of sanctions regulations which impose asset-freezes or similar financial sanctions where the regulations are made for purposes relating to the prevention of terrorism and have been referred to the independent reviewer for review.—(John Glen.)

Brought up, and read the First time.

[The Economic Secretary to the Treasury (John Glen)]

I beg to move, That the clause be read a Second time.

[Mr Speaker]

With this it will be convenient to discuss the following:

Government new clause 5.

Government new clauses 15 to 17.

New clause 2—Companies House: due diligence and resources—

“(1) For the purposes of preventing money laundering, the Companies Act 2006 is amended as follows.

(2) In section 1061 (the registrar’s functions) after subsection (1) insert—

‘(1A) Functions directed by the Secretary of State under subsection (1)(b) must include due diligence on a person wishing to register a company.

(1B) In this section ‘due diligence’ has the same meaning as ‘customer due diligence measures’ in regulation 3 of the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 (S.I. 692/2017).”

(3) In section 1063 (Fees payable to the registrar), in subsection (2)(a) after ‘Secretary of State’ insert ‘including the duty of due diligence under section 1061(1A).’”

This new clause would amend the duties of Companies House to ensure that any person wishing to register a company must be checked for due diligence by Companies House, in line with the measures included in the Money Laundering Regulations 2017. It also ensures that the Secretary of State can charge fees for due diligence checks to cover costs incurred by Companies House.

New clause 7—Money laundering exemptions—

“The Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 (S.I. 2017/692) are exempted from amendment or revocation under the Legislative and Regulatory Reform Act 2006 and under the European Union (Withdrawal) Act 2018.”

This new clause would prevent any amendment or repeal of the 2017 Money Laundering Regulations via powers contained in the Legislative and Regulatory Reform Act 2006 and the European Union (Withdrawal) Act 2018.

New clause 8—Public register of beneficial owners of overseas entities—

“(1) The Secretary of State must, in addition to the provisions made under paragraph 6 of Schedule 2, create a public register of beneficial ownership information for companies and other legal entities registered outside of the UK that own or buy UK property, or bid for UK government contracts.

(2) The register must be implemented within 12 months of the day on which this Act is passed.

(3) For the purposes of this section ‘a register of beneficial ownership for companies and other legal entities registered outside of the UK’ means a public register—

(a) which contains information about overseas entities and persons with significant control over them, and

(b) which in the opinion of the Secretary of State will assist in the prevention of money laundering.”

This new clause would create a public register of beneficial ownership information for companies and other legal entities outside of the UK that own or buy UK property, or bid for UK government contracts, within 12 months.

New clause 10—Parliamentary committee to scrutinise regulations—

“(1) A Minister may not lay before Parliament a statutory instrument under section 49(5) unless a Committee of the House of Commons charged with scrutinising statutory instruments made under this Act has recommended that the instrument be laid.

(2) The committee of the House of Commons so charged under subsection (1) may scrutinise any reviews carried out under section 28 of this Act.”

This new clause would require a specialised House of Commons Committee to approve all statutory instruments laid under the affirmative procedure under this Act. The Committee would also scrutinise the Government’s reviews of sanctions regulations.

New clause 11—Failure to prevent money laundering—

“(1) A relevant body (B) is guilty of an offence if a person commits a money laundering facilitation offence when acting in the capacity of a person associated with B.

(2) For the purposes of this section “money laundering facilitation offence” means—

(a) concealing, disguising, converting, transferring or removing criminal property under section 327 of the Proceeds of Crime Act 2002 (concealing etc);

(b) entering into an arrangement which the person knows, or suspects, facilitates (by whatever means) the acquisition, retention, use, or control of criminal property under section 328 of the Proceeds of Crime Act 2002 (arrangements); or

(c) the acquisition, use or possession of criminal property, under section 329 of the Proceeds of Crime Act 2002 (acquisition, use and possession).

(3) It is a defence for B to prove that, when the money laundering facilitation offence was committed, B had in place adequate procedures designed to prevent persons acting in the capacity of a person associated with B from committing such an offence.

(4) A relevant body guilty of an offence under this section is liable—

(a) on conviction on indictment, to a fine;

(b) on summary conviction in England and Wales, to a fine; or

(c) on summary conviction in Scotland or Northern Ireland, to a fine not exceeding the statutory maximum.

(5) It is immaterial for the purposes of this section whether—

(a) any relevant conduct of a relevant body, or

(b) any conduct which constitutes part of a relevant criminal offence,

takes place in the United Kingdom or elsewhere.

(6) In this section, ‘relevant body’ and ‘acting in the capacity of a person associated with B’ have the same meaning as in section 44 of the Criminal Finances Act 2017 (meaning of relevant body and acting in the capacity of an associated person).”

This new clause would make it an offence if a relevant body failed to put in place adequate procedures to prevent a person associated with it from carrying out a money laundering facilitation offence. A money laundering facilitation offence would include concealing, disguising, converting, transferring or removing criminal property under section 327 of the Proceeds of Crime Act 2002.

New clause 12—Public register of beneficial ownership of trusts and similar legal arrangements—

“(none) The Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 are amended by leaving out paragraph (12) of regulation 45 (Register of beneficial ownership) and inserting—

‘(12) The Commissioners must ensure that the register is published.’.”

This new clause would require the Government to publish the register of beneficial ownership of trusts and similar legal arrangements on the day this Act is passed.

New clause 13—Due diligence—

“(1) For the purposes of preventing money laundering, when a company is formed, any company formation agent providing formation services must ensure that the identity and business risk profile of all beneficial owners of the company are established in accordance with—

(a) the customer due diligence measures under the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 (S.I. 2017/692),

(b) regulations made under section 44 of this Act, or

(c) the Directive (EU) 2015/849 of the European Parliament and of the Council of 20 May 2015 on anti-money laundering measures.

(2) For the purposes of subsection (1), Companies House is to be treated as a ‘company formation agent’.”

This new clause would ensure that when a company is formed in the UK, the relevant formation services must identify the beneficial owners of the company. It will also treat Companies House as a “company formation agent”, ensuring that the data on the public register of beneficial ownership for companies is accurate.

New clause 18—Winding up companies of designated persons—

“(1) The Secretary of State may, in respect of a designated person subject to sanctions regulations under this Act—

(a) present a petition under section 124A of the Insolvency Act 1986 to wind up a company owned or controlled by a designated person; and

(b) make a disqualification order under section 8 of the Company Directors Disqualification Act 1986 against a designated person who is or has been a director or shadow director of a company or an overseas company.

(2) In this section, ‘company’ means a company registered under the Companies Act 2006 in the United Kingdom or a company that may be wound up under Part 5 of the Insolvency Act 1986 (unregistered companies).

(3) In this section, ‘overseas company’ means a company incorporated or formed outside the United Kingdom”.

This new clause would ensure the Secretary of State could close down companies owned or controlled by a person subject to sanctions under this Act using the pre-existing powers in the Insolvency Act 1986 and Company Directors Disqualification Act 1986.

New clause 20—Periodic review of exercise of powers and operation of Act—

“(1) As soon as reasonably practicable after the end of—

(a) the period of six months beginning with the day this Act is passed, and

(b) every 12 month period which ends with the first or subsequent anniversary of the end of the period mentioned in the preceding paragraph,

(2) Subject to issues of confidentiality the said report shall include a summary of any representations made in relation to the exercise or proposed exercise of the powers and the response of the appropriate Minister to the same.

(4) The Independent Reviewer appointed pursuant to section 20 of the Terrorism Prevention and Investigation Measures Act 2011 (‘the 2011 Act’) shall include a review of the operation of this Act in the reports by the Independent Reviewer produced pursuant to the 2011 Act.”

This new clause would require a periodic review of the exercise of the powers and operation of this Act six months after Royal Assent and every 12 months thereafter.

Amendment 1, page 1, line 8, clause 1, leave out “appropriate” and insert “necessary”.

Amendment 2, page 2, line 17, at end insert—

“(i) further the prevention of organised crime, or

(j) further the prevention of human trafficking.”

Government amendment 23.

Amendment 29, page 15, line 4, clause 15, at end insert—

“(i) provide for the procedure to be followed for an application for an exception or licence”.

This amendment would ensure that the regulations will include a procedure for applying for an exception or for a licence.

Government amendment 24.

Amendment 3, page 20, line 12, clause 22, leave out “3 years” and insert “12 months”.

Amendment 4, page 20, line 14, leave out “3 years” and insert “12 months”.

Amendment 5, page 21, line 36, clause 26, leave out “3 years” and insert “12 months”.

Amendment 6, page 21, line 38, leave out “3 years” and insert “12 months”.

Amendment 7, page 31, line 12, clause 38, leave out “may include guidance about—” and insert “must include, but is not limited to, guidance about—”.

Amendment 8, page 31, line 15, at end insert—

‘(3) The appropriate Minister must review the guidance issued under this section and lay a report before Parliament every 12 months.”

Government amendment 25.

Amendment 21, page 36, line 8, clause 48, leave out paragraph (a).

This amendment would remove paragraph 2(a) from Clause 48, which enables the appropriate Minister to amend, repeal or revoke enactments for regulations under section 1 or 44 using Henry VIII powers.

Amendment 9, page 37, line 27, clause 49, at end insert—

“(5A) A statutory instrument containing regulations under section 1 that repeals, revokes or amends—

(a) an Act of the Scottish Parliament,

(b) a Measure or Act of the National Assembly for Wales, or

(c) Northern Ireland legislation,

must receive the consent of the Scottish Parliament, the National Assembly for Wales and the Northern Ireland Assembly, respectively.”

This amendment would require the UK Government to obtain the consent of the devolved administrations before repealing, revoking or amending devolved legislation using a statutory instrument containing regulations under section 1.

Amendment 22, page 39, line 4, clause 51, leave out subsection (3).

This amendment would remove subsection (3) of Clause 51, which states that if a reporting provision is not complied with, the appropriate Minister must publish a written statement explaining why that Minister failed to comply with it.

Government amendments 26 and 19.

Amendment 30, page 59, line 5, schedule 3, at end insert—

“Solicitors (Scotland) Act 1980

‘(4) The Solicitors (Scotland) Act 1980 is amended as follows.

(5) Section 34(1)(d) is repealed.

(6) In section 35(1), after paragraph (c) insert—

(cc) as to the way in which solicitors and incorporated practices are to comply with the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017”.”.

This amendment would amend the Solicitors (Scotland) Act 1980, ensuring it is consistent with this Act.

Amendment 27, page 59, line 14, at end insert—

“Insolvency Act 1986 (c. 45)

‘(1) In section 124A of the Insolvency Act 1986 (petition for winding up on grounds of public interest), after paragraph (1)(d) insert—

(e) any information notified to the Secretary of State pursuant to regulations made under section 1 of the Sanctions and Anti-Money Laundering Act 2018.’”

This amendment, which is consequential on NC18, would amend the Insolvency Act 1986 to ensure it is consistent with this Act.

Amendment 28, page 59, line 14, at end insert—

“Company Directors Disqualification Act 1986 (c. 46)

‘(1) In section 8 of the Company Directors Disqualification Act 1986 (Disqualification of director on finding of unfitness), after paragraph (1) insert—

(1A) The Secretary of State may apply to the court for a disqualification order to disqualify a person who is, or has been, a director or shadow director of a company, if that person is subject to regulations made under section 1 of the Sanctions and Anti-Money Laundering Act 2018.’”

This amendment, which is consequential on NC18, would amend the Company Directors Disqualification Act 1986 to ensure it is consistent with this Act.

[John Glen]

It is my privilege to address the second group of amendments, but before I do I would just like to acknowledge, as the hon. Member for Salisbury, the good will from across the House in light of the events of 4 March. With respect to the previous debate, I would like to acknowledge the work of my right hon. Friend the Member for Newbury (Richard Benyon), the hon. Member for Rhondda (Chris Bryant) and, in particular, my right hon. Friend the Minister for Europe and the Americas, who has done so much to come up with an outcome, which we have just expressed, that will mean a great deal to my constituents in Salisbury.

New clauses 2 and 13 aim to improve the quality of information on our company register. The Government believe that they would do so at a significant cost to UK business and would require considerable consequential change to the UK company law system for the measure to function. Companies House is taking active steps to improve the quality of data on the register. It has already increased its resourcing to support these investigations and more is being sought. Since the start of March, the first tranche of cases of non-compliance with beneficial ownership registration requirements were passed from Companies House to the Insolvency Service. The cases will form the basis of the first prosecutions for non-compliance with such requirements and should be prosecuted shortly.

New clause 18 and amendments 27 and 28, which were tabled by the hon. Member for Brighton, Kemptown (Lloyd Russell-Moyle), allow for action to be taken against so-called brass-plate companies that breach sanctions. The reason that brass-plate companies have not been prosecuted or wound up relates to the challenges of collecting evidence of their activities, not a lack of legal powers. I look forward to hearing what he has to say, but the amendments do not provide any enhanced ability to take action against such companies. We continue to explore with partners across Government whether we could do more to address this issue, so I hope that in due course, hon. Members will agree to withdraw this set of amendments.

I now turn to amendment 19, to which new clause 5 has a similar purpose. These proposals seek to clarify the interaction of powers in the Bill with the provisions of the European Union (Withdrawal) Bill. New clause 7 seeks to constrain the powers of future Governments to amend the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017. However, the powers in the European Union (Withdrawal) Bill are necessary to ensure a functioning statute book immediately after the UK ceases to be a member of the EU.

Amendment 30 seeks to amend the Solicitors (Scotland) Act 1980 to give the Law Society of Scotland greater powers to conduct its role as an anti-money laundering supervisor. The Government strongly support all supervisors having adequate powers to effectively monitor and take measures to ensure compliance from their members and to use proportionate and dissuasive sanctions when their members do not comply with the rules. The Law Society of Scotland has raised with Treasury officials the issues that it would like to amend in legislation. They are looking closely at this issue and will continue to work with the Law Society of Scotland to address it. I therefore respectfully ask the hon. Member for Glasgow Central (Alison Thewliss) not to press that amendment, but no doubt we will have a discussion in due course.

New clause 8, on beneficial ownership, seeks to set down in legislation an obligation to implement, within 12 months of the Bill getting Royal Assent, our commitment to establishing a public register of company beneficial ownership of overseas companies that own or buy property in the UK. The UK was the first country in the G20 to establish a public register of company beneficial ownership, and Transparency International concluded that we are one of just three G20 countries with a “very strong” legal framework around beneficial ownership.

Let me be clear to the House that the Government are committed to establishing this register and to bringing increased transparency to UK property ownership. The Government committed in January to publishing a draft Bill before the summer recess, and we recently published our response to the call for evidence. We will legislate early in the next parliamentary Session to establish the register by 2021. We will be the first country to establish the register and it is important to get it right.

New clause 12 would require HMRC’s register of trusts that generate UK tax consequences to be published. Information held on the register is accessible to law enforcement agencies and allows them to readily draw together information on trusts, including offshore trusts, when they generate a UK tax consequence. However, trusts, unlike companies, do not have any independent legal personality in their own right. They are frequently established for legitimate and highly personal reasons, such as protecting assets for children or vulnerable adults. Placing this information into the public domain would infringe the privacy rights of trust beneficial owners and needlessly publicise the financial affairs of vulnerable people for whom trusts are established. I therefore ask Members not to press those amendments.

New clause 11 seeks to create a corporate criminal offence of failure to prevent money laundering, which is not necessary because of reforms to the anti-money laundering regime already in place. The proposed offence is substantively available in respect of firms regulated for anti-money laundering purposes by the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017, which require regulated firms to have policies, controls and procedures to mitigate and manage risks of money laundering and terrorist financing. Failure to comply with these requirements is already a criminal offence.

Yemen

John Bercow Excerpts

Tuesday 24th April 2018 Commons Chamber

[David Linden (Glasgow East) (SNP)]

rose—

[Mr Speaker]

The Minister was approaching her peroration, but she has not yet completed it; she has one further opportunity to expatiate, because we have a further inquiry, from Mr David Linden.

[David Linden]

Thank you, Mr Speaker. The Minister talks about the UK being a penholder at the United Nations, but part of the problem is that we give the pen to Saudi Arabia so that it can write us cheques in exchange for arms. I want to ask her this question not as an MP speaking to a Minister, but at a human level. When she sees images of children clinging to their dead parents, does she not realise that it is time to end the arms sales to Saudi Arabia?