Trade Bill

Tom Tugendhat Excerpts

Consideration of Lords amendments & Ping Pong & Ping Pong: House of Commons
Tuesday 19th January 2021 Commons Chamber

[Shabana Mahmood (Birmingham, Ladywood) (Lab) [V]]

I wish to speak in support of Lords amendment 3, known as the genocide amendment, moved by Lord Alton in the other place, which deals with trade agreements made with states accused of committing genocide. I associate myself with the remarks made by my right hon. Friend the Member for Islington South and Finsbury (Emily Thornberry), the shadow Secretary of State for International Trade, on that amendment and on the human rights situation more generally.

I am grateful for the cross-party efforts that led to the addition of the amendment to the Bill; I hope that another cross-party effort in this House will be successful today. I note the comments the Minister made in opening the debate today. They follow the position taken by the Foreign Secretary when he made a statement to the House on forced labour supply chains last week. The approach taken by the Government is dispiriting and deeply disappointing. If the Government prevail today, I believe they will come to regret it.

The amendment will, first, send a clear signal about the absolute basic threshold that must be crossed before we strike trade deals around the world, and about the sorts of people, countries and regimes that we will do business with. Not being a genocidal state should be the absolute minimum requirement that all of us in this House should be able to sign up to. It would enable the UK courts to make what is, in effect, an advisory preliminary determination of genocide for the Government to consider when they are signing trade deals with states accused of committing genocide.

The Government say that genocide determination is a matter for judges, not politicians. That is the long-standing position of UK Governments of all political persuasions. The amendment would provide the only viable legal route to have a genocide determination made by judges.

That is why the remarks made by the former Secretary of State for International Trade, the right hon. Member for North Somerset (Dr Fox), just a few moments ago, are entirely wrong. When we talk about genocide, it has to be a determination made by judges in a legal context. The problem is that at the moment the international legal system—the routes provided by the United Nations and international treaties—are, frankly, a busted flush. Something is needed to break the cycle of inaction and ineffectiveness. We are awash with warm words that simply do not change the situation on the ground. All we are currently laying the ground for is an after-the-fact statement of sorrow when genocide has occurred. The world keeps saying, “Never again” in relation to genocide, yet it occurs with shocking, depressing regularity.

China is, of course, the most striking example of the failures of the international system. The Government recognise and condemn the actions of the Chinese regime against the Uyghur people in Xinjiang. Mountains of evidence exist about forced sterilisation, mass detentions, slave labour and the destruction of culture and heritage. To my mind, a genocide is being perpetrated by the Chinese regime against the Uyghur people, but of course that requires a legal determination in a court to have legal force, rather than simply political and moral force.

Every international legal route is blocked by the Chinese Government—China has a veto. It has a majority on the UN Human Rights Council and is not a party to the International Criminal Court. The amendment provides a mechanism for the UK High Court to make a preliminary determination in the context of a trade agreement. If the UK High Court rules that the extremely high evidential bar for the crime of genocide is satisfied, its judgment will be available for the Government to consider.

Perpetrators of genocide should not be rewarded. They must know that actions have consequences, and an increasingly belligerent China needs to see that the British Government will not simply stand by and watch, impotent and unable to do anything whatsoever. The modest import and export restrictions linked to forced labour abuses that were made by the Government last week are welcome, but they do not deal with the specific charge of genocide, so I am afraid that that action, although it is welcome and although it was taken by the Government only last week, cannot get them off the hook on agreeing with the amendment today.

The amendment does not give the courts too much power. It is supported by eminent lawyers in the other place who have dealt with the issues around the separation of powers far better than I can in the short time available to me. In any case, if the Government agree that genocide determination is a matter for judges, the fact that at the moment their position amounts to saying that they will go along with a genocide determination made by international judges through the international system, but not one made by our own High Court, to my mind, simply does not stand up.

The amendment does not prevent the international legal system from kicking into action, although frankly that seems impossible at this point. In any case, it is a preliminary determination. It would enable the word “genocide” to be used credibly in a legal sense and I simply do not buy the idea that the courts would be swamped with vexatious claims. They can, will and regularly do dismiss claims that lack minimum standards of evidence. I say to the Minister that, if the amendment still does not work for the Government, they should have considered compromise amendments and efforts to reach compromise offered by Members from their own Benches, which I agree with and support. They say we have no trade agreement with China. We do not have an FTA with China, but we have other bilateral trade agreements with China, such as the UK-China bilateral trade and investment treaty. Others could be made.

Genocide is described as the crime above all crimes. Surely we can all agree in this House today that it must be the minimum starting point for the conditions we will place on whom we will trade with. I urge the Government to change course and accept the amendment today.

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

It is an enormous pleasure to speak in the debate this afternoon because this is one of the most important questions our House will consider. It is worth remembering why genocide is a crime beyond others. It is not just that many of us in this House have personal experience through family of genocide within the lifetimes of many people alive today. That is one reason why the Jewish News has been so active in support of this measure. Genocide tries to do something that no other crime attempts. It tries to end history. It tries to remove an entire people, an entire culture and an entire part of our world from the planet and to pretend it never happened. It is an erasure of life unlike every other crime. It is worse in all senses, therefore, than torture or murder, worse than the destruction of cultural property and worse than slavery, even though it may include all those elements. That is why I think genocide stands unique, and why I think the amendment does not give way to a drip, drip of further encroachment.

Genocide is unique. Genocide is distinct. It is much, much worse than any other crime, even though it makes up others. That is why we have always reserved this power to the courts. We have always said that this is not a political tool. It is not a tool for politicians to wield against trade rivals or enemies. It is a charge that can be wielded only by a court. The way we have done that is to try to act together, and allow the charge to sit only with international courts. For years we could see why that was the case, because it ensured that we all acted together. If there was a charge and it was proven, we were all as one responding to an abuse against the whole of humanity. Genocide is a crime against the whole of humanity.

Sadly, the way the world has changed means that the obstacles we are facing in our international institutions is becoming overwhelming, so we have a choice. That choice is either to allow the current system to stand and to say that in reality we will never again recognise genocide, or to say that there is a way through this. There is a way through, and that is by trusting our institutions and our judges, and recognising that our judges and legal institutions are actually trusted worldwide. The House does not have to take my word for this—look at how many foreign cases are pressed through our courts. That is a choice that we have to make, and I understand the Minister’s comments. In fact, he has done an amazing amount of work in supporting Britain’s position overseas, defending our legal infrastructure and promoting our legal business around the world, so he knows better than anyone the respect in which we are held.