(1 year, 8 months ago)
Commons ChamberThey do know that we oppose it, because we tell them.
Why did the Foreign Secretary not make representations to stop this execution, given that that approach has succeeded in the past?
(2 years ago)
Commons ChamberI am aware that there is one more debate to fit in before the Adjournment, so I will be relatively brief. The hon. Member for Dundee West (Chris Law) covered a lot of ground, as have the other excellent speakers.
I congratulate the Members who secured this very good debate. The hon. Member for Carshalton and Wallington (Elliot Colburn) made a comprehensive introductory speech. I emphasise the long-standing campaigning role of my hon. Friend the Member for Mitcham and Morden (Siobhain McDonagh) on this issue. She has always been a champion for her Tamil constituents.
My hon. Friend the Member for Slough (Mr Dhesi) talked about increased militarisation and the disproport-ionate public spending on arms, with less money being spent on food and basics, which is clearly what the Sri Lankan people need right now. My right hon. Friend the Member for Hayes and Harlington (John McDonnell) reminded the House of the worrying levels of corruption throughout the Rajapaksa years, and my hon. Friend the Member for Ealing North (James Murray) talked about the arbitrary detention of civilians during the disruptive events of the last few months.
It is not long since we had a very good urgent question on this subject, but I would like some updates from the Minister. Most importantly, I reiterate our friendship with the Sri Lankan people and our commitment to the basics so that they can keep going in a very tough economic climate for them. The UK has played its role in developing a good package with the IMF—£2.9 billion is the figure in the Library briefing paper—but, as well as the economic picture, we have concerns about the human rights abuses during the 2009 civil war.
We have often had Tamil delegations at our constituency events. In Hornsey and Wood Green, Tamils have come to see me because they are worried about disappeared relatives and about the tragic events that the hon. Member for Carshalton and Wallington so intimately described.
On those tragic events, the hon. Member for Dundee West (Chris Law) mentioned the case of Shavendra Silva. Does my hon. Friend agree that our Government should be using the powers they now have to sanction people overseas? Shavendra Silva has been sanctioned by the US. Should we not be doing the same?
My right hon. Friend makes an important point, and I would like to hear the Minister’s assessment now that the UK has left the EU and has more flexibility on sanctions. Could this individual be the subject of powerful Magnitsky-style sanctions?
May I also ask the Minister what recent engagement he or colleagues within the Foreign, Commonwealth and Development Office have had with the Government of Sri Lanka, including on the economic situation, so that the crisis can be concluded and Sri Lanka can get back to being a tourist destination? It relies on that so heavily for its economy. Have the British Government proposed conditionality on the International Monetary Fund funding, so that we can reflect back what this House’s concerns are within that discussion about finance? What steps have the Government taken to support measures to bring to justice those accused of human rights abuses?
We have had an excellent airing of the debate this afternoon—in the past six months, we have also had urgent questions on Sri Lanka—and we await the Minister’s assessment on those key points. May I press him to convene with the Minister in the other House, Lord Ahmad, whom I understand is intimately aware of all these issues, to press the points about the economy? It is mentioned in the motion and I note the Government are accepting the motion as it stands. Will the Minister also press the point about the important human rights issues, which Tamil constituents have brought to our surgeries and on which we want to hear answers? Will he put anything else in the way of detail in the House of Commons Library, so that we can send it on to our constituents and they can be assured that we have had a full debate about the human rights picture and the desperate economic situation facing the people of Sri Lanka?
(2 years, 2 months ago)
Commons ChamberUrgent Questions are proposed each morning by backbench MPs, and up to two may be selected each day by the Speaker. Chosen Urgent Questions are announced 30 minutes before Parliament sits each day.
Each Urgent Question requires a Government Minister to give a response on the debate topic.
This information is provided by Parallel Parliament and does not comprise part of the offical record
On arbitrary detention and the specific point about release I will again give the answer I gave earlier: the focus of these cases is always to work in the best interests of the individuals concerned. There is no blanket approach to these cases, and they are tailored to specific individuals. I am sure that the new Prime Minister and Foreign Secretary will want to review this case as a priority, which goes to the point about determination of arbitrary detention in that regard.
The policy on intelligence sharing with overseas intelligence agencies is covered by a document called “The Principles”. At the moment there is a loophole in that, which allows Ministers to authorise tip-offs leading to torture, contrary to UK and international law. Will the Minister ensure that that loophole is removed, so that it is absolutely clear that Ministers must not authorise tip-offs leading to torture?
If the right hon. Gentleman would write to me in detail on that specific point, I can ask officials to look into it and come back to him on that technicality.
(2 years, 4 months ago)
Ministerial CorrectionsWhen David Cameron was Prime Minister, he visited Sri Lanka in 2013. After that, the UK, with Sri Lanka, jointly moved a resolution at the United Nations Human Rights Council setting out a mechanism for resolving the legacy of the issues that we have heard about. Sri Lanka has largely ignored its obligations under that resolution since then, and it has not even paid lip service to them in the past three years. Will it be a requirement of the medium-term support that will be needed for Sri Lanka that it comes back into compliance with its obligations under the decisions of the UNHRC?
Through our leadership in the UN Human Rights Council process, we have been encouraging Sri Lanka to respect democratic and international human rights standards as it makes its political transition. In March this year, the UK Government and our core group of partners led an ambitious new resolution on Sri Lanka at the UNHRC.
[Official Report, 13 July 2022, Vol. 718, c. 350.]
Letter of correction from the Minister for Asia and the Middle East:
An error has been identified in my response to the right hon. Member for East Ham (Sir Stephen Timms).
The correct response should have been:
(2 years, 4 months ago)
Commons ChamberI completely understand the point that the right hon. Lady is making about the fact that there is a diaspora here who are concerned about their families. I reassure the House that the Minister responsible for South Asia, Lord Ahmad, is in regular dialogue with the high commission and the team on the ground in order to keep an up-to-date view of the situation, which, after all, is incredibly fluid and fast-moving.
When David Cameron was Prime Minister, he visited Sri Lanka in 2013. After that, the UK, with Sri Lanka, jointly moved a resolution at the United Nations Human Rights Council setting out a mechanism for resolving the legacy of the issues that we have heard about. Sri Lanka has largely ignored its obligations under that resolution since then, and it has not even paid lip service to them in the past three years. Will it be a requirement of the medium-term support that will be needed for Sri Lanka that it comes back into compliance with its obligations under the decisions of the UNHRC?
Through our leadership in the UN Human Rights Council process, we have been encouraging Sri Lanka to respect democratic and international human rights standards as it makes its political transition. In March this year, the UK Government and our core group of partners led an ambitious new resolution on Sri Lanka at the UNHRC.
(2 years, 6 months ago)
Westminster HallWestminster Hall is an alternative Chamber for MPs to hold debates, named after the adjoining Westminster Hall.
Each debate is chaired by an MP from the Panel of Chairs, rather than the Speaker or Deputy Speaker. A Government Minister will give the final speech, and no votes may be called on the debate topic.
This information is provided by Parallel Parliament and does not comprise part of the offical record
I will call the Member to move the motion and I will then call the Minister to respond. There will not be an opportunity for the Member in charge to wind up, as is the convention for 30-minute debates.
I beg to move,
That this House has considered the impact of India’s foreign contribution law on NGOs.
I am very pleased to serve under your chairmanship this afternoon, Mr Twigg.
This time last year, India had a devastating covid surge. By 6 May 2021, the country had recorded over 400,000 covid cases. Oxfam India, which was founded in India by the British charity Oxfam, provided urgent supplies and support. It worked with India’s health departments, district administrations and local organisations, and its staff set up oxygen plants, provided ventilators and delivered food to vulnerable communities. India’s Prime Minister, Narendra Modi, was among those who praised the response to the pandemic by civil society organisations, and Oxfam India played a key part in that response.
Yet in January this year, the charity received some very bad news. The renewal of its Foreign Contribution (Regulation) Act licence had been refused; the decision was apparently made last December. The result is that Oxfam India is no longer able to receive funds from abroad. Its annual income will fall from around €15 million to €2.1 million; at least 11 of its 15 development projects will close; and its former reach of over 1.5 million people, mainly Dalits, indigenous populations, minorities, women and girls, will be drastically cut. No explanation for this decision has been given.
Charities and non-governmental organisations in receipt of foreign funding in India must be registered under the Foreign Contribution (Regulation) Act 2010—the FCRA—which regulates how foreign funding can be received. Charities and NGOs now need to operate through a designated FCRA account at the State Bank of India’s main branch in Delhi. According to Christian Solidarity Worldwide, local human rights monitoring groups say the purpose of that is to supervise and monitor NGOs’ activity. The Act now gives the Government huge powers to inquire into what NGOs are doing, each time putting their work on hold until the inquiry is complete.
I congratulate the right hon. Gentleman on securing this debate. On 6 January this year Members highlighted another charity, the Missionaries of Charity, who were reinstated some days after the debate. Organisations such as Oxfam, Greenpeace and Compassion are also affected. Some of the NGOs are of Christian heritage and some have a Muslim background. Some 250 Hindu NGOs have been closed because they are anti-Government. Does the right hon. Gentleman agree with me that this is an early warning bell of increased human rights abuses in India? It harms India’s poorest and is a symptom of the continuing pressure from Hindu nationalism.
The hon. Gentleman is absolutely right about that. It seems clear that the FCRA is being used to make life difficult for organisations that from time to time might be critical of the Government. In 2016, a commission appointed by the UN Human Rights Council called for the repeal of the Act, but in 2020 it was tightened up even further on the grounds of bringing greater accountability.
Of course, what is happening to NGOs is part of a wider pattern in India. We all grew up thinking of India as the greatest democracy on the planet. The briefing for this debate from the all-party parliamentary human rights group is absolutely right to refer to
“India’s rich tradition and constitutional status as a secular democracy.”
I was simply stunned when the reputable organisation Amnesty was forced to close its office in India. The suffocation of minority rights and the lack of freedom of expression has also been illustrated by the ongoing conflict in Kashmir, the farmers’ protest and the persecution of minorities, as has been mentioned, including the Christians and the Dalits. Today, Mohammed Yasin Malik and other leaders have been sentenced to life, and their only crime is wanting freedom from Indian illegal occupation. Does my right hon. Friend agree that India is a diminishing democracy?
I do agree with that. The situation is very worrying. I remember vividly the pride of Muslim constituents with roots in India, their home country, when I was first elected, but that has all drastically changed. There have been new laws to make things difficult specifically for Muslim citizens. Our Prime Minister’s state visit to India last month took place against a backdrop of inter-religious violence in Delhi and the demolition of Muslim-owned buildings.
The Christian charity, Open Doors, which launches its watchlist every year in Parliament, now designates India as the tenth worst country in the world in which to be a Christian. It has been sliding down other indices as well. It is ranked 150 out of 180 countries in the latest World Press Freedom index. Freedom House ranked India as only “partly free” in its Freedom in the World report this year, noting that:
The constitution guarantees civil liberties including freedom of expression and freedom of religion, but harassment of journalists…NGOs…and other government critics has increased significantly”.
The Economist Intelligence Unit’s latest Democracy Index categorises India as a “flawed democracy”. Civicus, the Johannesburg-headquartered global civil society alliance, categorises Indian civil society as “repressed”, which is the second worst category in its ranking, having downgraded in 2019. Not one of those indices proves there is a problem, but the overall message that they all convey is unmistakable.
The 2020 changes to the FCRA have effectively banned NGOs from research, advocacy and campaigning. They have also created new bureaucratic and practical hurdles, a ban on NGOs transferring funds to other NGOs, other restrictions on fund distribution, a cap on administrative costs, and delays from the necessity of additional form filling. It is claimed that all of that is to strengthen transparency and accountability, but it is fairly clear that the Government are targeting charities and non-profits that question their policies. Will the Minister urge the Indian authorities to review carefully the FCRA for compliance with international human rights standards and to suspend aspects of the law that restrict charities from providing urgently needed relief?
The Centre for Promotion of Social Concerns is a prominent human rights organisation in India. It lost its licence under the FCRA in 2016. The Ministry of Home Affairs said that was on the basis of a field agency report. The group challenged the decision in the High Court and, in the Ministry’s evidence to the court, it complained that the organisation used foreign funding to pass information to United Nations special rapporteurs and to foreign embassies, that that was
“portraying India’s human rights record in negative light…to the detriment of India’s image”,
and that such acts were
“undesirable activities detrimental to national interest”.
My hon. Friend the Member for Manchester, Gorton (Afzal Khan) was right to draw attention to Amnesty International being forced to put an end to its covid support. The head of Amnesty International India said at the time:
“Even if you’re working on Covid, the law makes it very difficult for you to be able to even accept foreign aid coming in without being in violation of the law”.
Greenpeace, too, has lost its licence. The Ford Foundation has been suspended. NGOs from other overseas countries are telling their own Governments how hard this is making things for them.
Oxfam—I started with this case—has been sending help to India since 1951. Oxfam India became a fully Indian organisation in 2008. Today, it is one of the country’s largest NGOs, providing food, shelter, clothing, medicine and medical equipment. It was reaching more than 1.5 million people, but has now lost its FCRA licence, so that number will be reduced drastically. Oxfam India applied to renew its licence on 1 April last year, in good time, but it appears that the application was rejected on 15 December, although the organisation has received no official communication from the Indian Government about that decision. Now, it can only raise resources within India, but its previous income was 75% made up of foreign aid. A lot of staff will lose their jobs, and crucial humanitarian and social work has ended.
In the five years after the current Indian Government first took office in 2014, more than 14,000 NGOs were barred from accessing foreign funding, seemingly mainly to hamper criticism of Government policies. Nearly 6,000 did not have their FCRA licences renewed last year. One notable organisation affected, as the hon. Member for Strangford (Jim Shannon) pointed out in his intervention, was the Missionaries of Charity, founded by Mother Teresa. It was blocked from accessing international funding on the grounds of “adverse inputs”, but nobody knows what that means, or what the problem with Mother Teresa’s charity was thought to be. As the hon. Gentleman rightly said, the decision has been reversed, which at least suggests that external pressure can help to deliver renewal of an FCRA licence.
Oxfam India applied well before the deadline. No reasons for the refusal were given, simply a statement that the decision had been taken in the “public interest”, but one of the problems is that the FCRA definition of
“activities prejudicial to the public interest”
is extremely vague. Will the Minister seek from the Indian Government an explanation of why Oxfam India’s activities are regarded as
“not in the public interest”?
Oxfam India has now filed a petition to the Indian Government for a final administrative review. There has as yet been no response.
On 10 February, the permanent secretary at the Home Office, Sir Matthew Rycroft, raised this issue with his counterpart at the Indian Home Ministry. In response to my written question, the Under-Secretary of State for the Home Department, the hon. Member for Torbay (Kevin Foster), said on 17 May:
“The Permanent Secretary addressed the difficulties that some NGOs in India have faced due to the enforcement of the FCRA, which is impacting both on the work we are funding and the work of UK-headquartered global NGOs in India.”
I very much welcome the permanent secretary’s intervention on this issue, but as I understand it, the Indian Government have given no assurances at all about whether these cases will be reviewed. There is clearly a lot more to do. In answering my question, the Under-Secretary of State for the Home Department said that the UK continues
“to monitor developments related to the Foreign Contribution Regulation Act, especially impacts on UK Government-funded programmes in India, and the work of British NGOs in India.”
However, we need more than monitoring. I am sure the Minister will agree with me about the negative impact of the FCRA, and I ask her and her colleagues to press the Indian authorities to review the legislation and lift some of the restrictions. They should also press for greater transparency of FCRA licence determination.
I will finish with the words of Amitabh Behar—the chief executive of Oxfam India, whom I met on a recent Zoom seminar—about what is happening in India. He told the BBC:
“The Ministry of Home Affairs’ decision to deny renewal of FCRA registration will severely hamper these collaborations which were providing relief to those who needed it the most during times of crisis.”
I hope the Minister will be able to reassure us that Her Majesty’s Government recognise the importance of this issue, and that the influence of her Department will be brought to bear in order to promote freedom of expression, even where it makes Governments uncomfortable at times.
If it is helpful, Minister, the debate needs to finish by 16.43. It is a matter for you whether you take all the available time.
I welcome the intervention of the Home Office permanent secretary. Can the Minister tell us whether the case of Oxfam India has been taken up by Ministers, perhaps by the Prime Minister when he recently visited India?
With regard to the case of Oxfam India, the British high commissioner to India met with the CEO of Oxfam India on 14 January, to understand their concerns and offer support. As I said, that was discussed by the Home Office permanent secretary during the home affairs dialogue in February, as well. Turning to Amnesty, we remain in contact with Amnesty, and officials last met Amnesty International UK on 4 May this year.
In addition to financial regulations, some NGOs and civil society activists have faced difficulties in India as a result of security legislation. We have also raised that issue with the Government of India. Our relationship with India is very important and central to our foreign policy tilt towards the Indo-Pacific. Our 1.6 million diaspora community provides a unique living bridge of people, commerce, ideas and culture between our countries. A year ago, the UK and Indian Governments committed to strengthen our relationship through the new comprehensive strategic partnership.
There are a couple of points I want to make. No aspect of our strong relationship with India prevents us from speaking frankly about issues with it. On the case that the hon. Gentleman refers to, we are monitoring the trial. We note that Mohammed Yasin Malik has been charged under Indian law, and we cannot intervene in the independent judicial process of another country, but we urge all countries to respect and uphold their international obligations regarding the treatment of detainees. These strong relationships enable us to have meaningful dialogue, and we can speak frankly where necessary.
Our relationship with India supports regional and global security and prosperity. A year into the road map, we have made excellent progress. As has been mentioned, the Prime Minister visited India last month to build on it further. He and Prime Minister Modi discussed the need for democracies to work together. On regional global security, they reiterated their commitment to transform defence and security relations and enhance co-operation in support of a free, open and secure Indo-Pacific.
There are lots of other areas of importance, such as joint work on research and development to deliver next-generation capabilities across land, sea, air, space and cyber. The Prime Minister also announced a raft of commercial agreements to boost our trade, investment and technology partnership. During the visit, UK and Indian businesses confirmed more than £1 billion in new investment and export deals in sectors from software engineering to health, creating almost 11,000 jobs in the UK.
Our Prime Minister also set a target to conclude the majority of talks on the comprehensive and balanced free trade agreement by the end of October 2022—a deal that could supercharge our trading relationship and boost jobs and wages here in the UK. Moreover, the Prime Ministers underlined their firm commitment to take ambitious action on climate change, and co-operate closely to deliver on the Glasgow pact. The visit reflected the breadth and depth of our relationship, and how it continues to deliver for the people of both countries.
I am grateful to the Minister for setting out the increasingly close nature of the relationship. Can she assure us that Ministers will make representations to the Indian authorities about the position of Oxfam India in order that it can continue to obtain income from outside the country?
As I have said in relation to a number of cases, hon. Members should be reassured that they are raised by senior officials and Ministers. We continue to monitor and raise the difficulties faced by some NGOs in India. We also continue to support Indian civil society and NGOs through programmes and the endorsement that comes from our relationship with them.
Our relationship with India, as democracies and friends, is important and will continue to grow. It is a partnership with the potential to deliver for the people of both our countries and beyond.
Question put and agreed to.
Resolved,
That this House has considered the impact of India’s foreign contribution law on NGOs.
(2 years, 6 months ago)
Commons ChamberI am not going to speculate as to why the EU has not changed its negotiating mandate, but it is very clear that there is a solution—my right hon. Friend worked very hard on that—that satisfies the requirement to protect the EU single market and, at the same time, restores the primacy of the Belfast/Good Friday agreement. We need to make sure that we move forward as fast as we can to that solution.
To make his EU deal work, the Prime Minister inserted a border between Great Britain and Northern Ireland. Some accepted the absurd claim that there would not be any checks across that border. That misjudgment has proved electorally disastrous and potentially fatal to the Union. The Foreign Secretary has announced today that the Government may well breach the agreement that the Prime Minister negotiated. What assessment has she made of the impact of that announcement on trade negotiations that are under way with other countries around the world?
(2 years, 8 months ago)
Commons ChamberYes, that is absolutely right. When constructing the actions in the report, our three pillars were building trust and fairness—fairness was right at the heart—creating agency and opportunity, and inclusion. Those actions will benefit everyone across the country, including people in Darlington. We are focusing more on inclusion than on diversity, because we believe that inclusion brings in more factors, such as socioeconomic factors, that tend to be forgotten. Given everything that my hon. Friend has said in the House about Darlington, I think he will find his constituents welcome that approach.
Soon after the pandemic began, the Prime Minister said:
“people who have worked hard for this country, who live and work here should have support of one kind or another”.
The no recourse to public funds condition meant that many got no support at all. The Select Committee on Work and Pensions has heard harrowing testimony of the hardship that resulted. Will the action plan that the Minister has announced review no recourse to public funds, which has driven ethnic disparity?
No, the action plan will not be looking at that. No recourse to public funds was outside the terms of reference for the commission, and the action plan is very much based within those terms of reference.
I challenge what the right hon. Gentleman says about no recourse to public funds, because it is important that we do not conflate migration and ethnicity. No recourse to public funds was based on nationality, and during the pandemic I distinctly remember, even in the Treasury, that we took many policy decisions to overcome any barriers that people might have had. I cannot speak specifically about what the Work and Pensions Committee has looked at, but I am sure officials from that Department will take those points away. If more can be done within that policy, I am sure that we will look at that, but that would fall outside my terms of reference for the Equality Hub.
(2 years, 10 months ago)
Public Bill CommitteesMy right hon. Friend is absolutely right about increased costs, and I will deal with that point later in my remarks. He is also correct about the threat to motor sports.
The Bill would end the Vnuk decision’s application in retained EU law and related retained case law. I believe that I am correct in saying that, if passed, the Bill will be the first Act of Parliament to remove EU retained law; it will be a landmark first step in taking back control of our own laws. It is just one of the clear advantages of leaving European Union that we may now alter our laws to ensure that they are interpreted in the way that this sovereign Parliament intends.
As I understand it, the EU has now changed its law. Because we are outside the EU, could we not stick with the retained law? I just want to make that point, because I do not agree with the hon. Gentleman about the damage of being in the EU.
I was going to deal with that, but I will answer the specifics. The right hon. Gentleman is quite right that the EU is changing the directive so that it applies differently in the EU, but it is not changing it in the same way as we propose to do. I will deal with the issue later.
The Bill does not seek to invent new policy, nor would it limit the Government or Parliament in changing insurance regulations for motor vehicles in future. The Bill would simply restore the interpretation of the law that was intended by Parliament and was believed to be correct by the Government, lawyers, the motor insurance industry and motorists prior to the Vnuk judgment.
It should be noted that the Vnuk judgment has led the European Union to seek to revise the European directive, although it is unlikely to do so in the same way as we propose in the Bill. I argue that, instead of waiting for the European Union bureaucracy to change its ruling, we can do so now, here, in this Parliament. The Bill is therefore an important step in realising the benefits of our decision to leave the European Union.
The Bill would end any associated liability for insurance claims against the Motor Insurers’ Bureau for the cost of accidents on private land where motor insurance is not held. As things stand, the cost of such claims would have to be accounted for within the Motor Insurers’ Bureau charging levy, thus passing on the cost to the motor insurers, who in turn would pass it on to the consumers through insurance premiums—the very point made by my right hon. Friend the Member for East Yorkshire.
(3 years, 6 months ago)
Commons ChamberThe hon. Gentleman would have heard in my response to the urgent question that we have had a long-standing opposition to settlement expansion, demolitions and evictions. Some of our multilateral diplomatic work is done publicly, and some is done more discreetly and privately, but I assure him that we will work closely with our international partners in the region and further afield to pursue peace in the middle east.
Large numbers of people gather at the al-Aqsa mosque to pray. Does the Minister agree that the attacks that we saw on people praying there, and the large number of civilian casualties that resulted, cannot be justified? Will he urge the authorities there to ensure that there is no repeat?