Syria (Sanctions) (EU Exit) Regulations 2019

Viscount Waverley Excerpts

Thursday 9th May 2019 Lords Chamber

Finally, do the Government agree that these simple actions, including ending harassment and intimidation of innocent civilians, would send a strong signal to the international community that Zimbabwe is on a very different path: genuinely committed to embracing democratic institutions and values; becoming a responsible member of the international community; taking steps, not one of which requires outside assistance? Can the Minister assure us that the UK sanctions regime that will apply should the UK leave the EU without a deal will truly match the measures taken by the USA and others?

[Viscount Waverley (CB)]

My Lords, may I leave the House with no doubt whatever that sanctions which achieve their purpose are an essential tool in the arsenal?

I have studied, albeit some weeks ago, the individuals on the proscribed sanctions list, and I was initially surprised that Russians listed do not appear in a list under “Russia”. This is confusing, as they appear under Ukraine sovereignty, so Russians listed may be missed by observers. However, I place on record the courteous and informative manner in which the sanctions unit in the Treasury responds to information requests.

I was intending to speak in a more substantive way on the specifics before us on Russian sanctions, but points have been articulated by the Minister that stand on the record. This leads me to more questions than answers. The question in my mind is: where do we go from here? What are the sanctions to accomplish, and by when? What accompanying engagement is planned? Many suggest, including within this building, that sanctions without engagement could become self-defeating and lead nowhere. Do the Government believe that co-operation is more likely to come from engagement and if so, what form is that engagement taking—or are the Government of the view that the sanctions regime in isolation is the cure to all ills? I have heard it said by a trusted friend in Moscow that sanctions are mostly hurting the more fair-minded, Western-orientated Russians who support democracy, free trade and the rule of law. That cannot be good.

The Minister will be aware that a United Kingdom unilateral sanctions policy could place us at a trade disadvantage with other countries post Brexit, especially those within the European Union. While government should not necessarily be bound by such, I would expect Her Majesty’s Government to have reflected heavily upon the deliverables behind unilateral policies. It would therefore be reassuring to hear this evening that a commitment to review the policy regularly, supported by multilateral engagement, is intrinsic to this process.

There is one regrettable reality. Today is Victory Day, the solemn remembrance day of the sacrifice that the Russian people, including Ukrainians, made in the Second World War. It is a shame that people forget that we were once on the same side. That said, I was delighted that the Deputy Leader of this House, the noble Earl, Lord Howe, representing the United Kingdom Government and accompanied by the noble Lord, Lord West, were present today at the Soviet War Memorial and contributed to marking the anniversary of the Allied victory over fascism.

[Lord Collins of Highbury (Lab)]

My Lords, I thank the Minister for his introduction to these SIs. I admit that a quote came to mind from an old trade union colleague, who used to say every year when he negotiated with his truck driver companies, “It’s déjà vu all over again”. The Minister has previously addressed many of the issues that we have raised today, as we heard from the noble Baroness, Lady Northover.

I want to come back to the specific issue of human rights, because, as the Minister acknowledged before, we placed human rights at the centre of the Sanctions and Anti-Money Laundering Act, and we in this House were responsible for raising the Magnitsky clause, which was adopted in that Act. When we discussed the last group of SIs, the Minister explained that it was the Government’s intention that,

“national sanctions in relation to human rights will be brought forward, but we will need to design and draft a statutory instrument to ensure that associated processes and structures are in place”.—[Official Report, 1/5/19; col. 1035.]

The simple fact is that we need a clear timetable from the Government. When will this be completed? What are the impediments to drafts being brought forward? It is a critical part of our foreign policy. When we come to address the specific issues raised by the SIs, I shall ask: will we extend sanctions to cover the kind of human rights abuses that the Magnitsky clause is specifically designed to address? I hope that the Minister will be able to give us a more specific commitment, rather than just say, “when time allows”, or another vague reference to the future.

On Syria, I read with interest this morning the Joint Committee’s report. I have not had a huge amount of time to study it, but I want to pick up on some of the Government’s responses, particularly to the second question on the grounds for existing licensing derogation. During consideration of the Bill in Committee, the Minister was able to facilitate a range of meetings with NGOs over that precise issue. I am very keen to hear not only how he believes that the Government have addressed the concerns of the Joint Committee but whether they have consulted with the NGOs we met before when considering the draft Bill. This is important, because we are talking about humanitarian support getting through to those most in need. I hope that the Minister will be able to address that.

Not only are we discussing these specific SIs but we are looking at the impact and effectiveness of our sanctions policies and regimes. I completely agree with the noble Baroness, Lady Northover, that we need assurance. I know that the Minister keeps talking about our co-ordinated approach, working with our close allies and that we “will continue to ensure”, but sanctions conducted simply by one country will not have an impact. They work because of collective action and because we work in solidarity. I hope that he will answer specifically the questions raised by the noble Baroness, Lady Northover, about the review dates, how we work in conjunction and, where there is an extension or a change, how we will co-ordinate that activity. What mechanisms does the FCO envisage to do that?

On Syria, I hope that the Minister will take the opportunity to update the House on what we are trying to do to achieve a ceasefire to halt the killings on all sides, and what progress we are making towards a negotiated political settlement under UN auspices.

I want to raise a specific issue relating to the effectiveness of sanctions: media reports that President Assad’s niece has been studying in the United Kingdom for a number of years. That raises questions about the effectiveness of sanctions and the ability of UK government agencies to implement them. Can the Minister tell us what discussions he has had with Home Office colleagues about President Assad’s niece, such as how she gained entry, what clearance was given and whether any consideration is being given to stopping something similar happening again?