Syria (Sanctions) (EU Exit) Regulations 2019

Debate between Viscount Waverley and Lord Collins of Highbury

Thursday 9th May 2019 Lords Chamber

[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?

European Union (Definition of Treaties) (Political Dialogue and Cooperation Agreement) (Cuba) Order 2018

Debate between Viscount Waverley and Lord Collins of Highbury

Wednesday 18th July 2018 Grand Committee

[Viscount Waverley]

I have in mind the date of 2015 for the central American agreement, so I concur with the noble Baroness that it would be more helpful if the agreements came before us on a speedier basis. I want to say something to government at large on upcoming bilateral agreements. I know that the Security Minister will address certain issues in the coming months and years. He mentioned a period of 90 days for bilateral agreements to go through before coming to Parliament for ratification. We would all welcome that.

[Lord Collins of Highbury (Lab)]

My Lords, I thank the noble Viscount, Lord Waverley, for his intervention. I had 2012 in mind for when the agreement was first signed. I start by saying that we very much welcome any arrangements that allow for the further integration of Latin American countries into the global economy and that encourage improvements in human rights, democracy, good governance and regional and political relations. All those aspects are very welcome.

As the noble Viscount said, since 2012 some countries have not moved in a particularly positive direction, which is extremely worrying. The noble Viscount mentioned Nicaragua, where we have seen further unrest and the deaths of around 300 people. It is important that the international community takes the initiative. The Opposition welcome the fact that the United Nations is now on the ground and able to make a full and proper assessment of the problems there. We do not support calls from some parts of the US Administration that seek a non-democratic change of government. I know that the Minister has responded to all the questions on this subject, but I hope that she can assure the House that we will remain committed to United Nations action in this regard rather than any unilateral action that may be considered by the US Administration.

I share the comments made by the noble Baroness, Lady Ludford, in relation to issues such as the increase in gender violence in some countries, which I hope the Minister will respond to. I also reiterate the concerns of the noble Baroness about the human rights of central American migrants. In particular, the agreement contains a commitment to ensuring effective employment protection and promotion of human rights for all migrants. How does that compare with the US Administration’s record on the human rights of central American migrants?

I also want to pick up the point about Cuba. Progress is being made on integrating Cuba into the global economy and its positive impact. Of course, we remain concerned about its human rights record—particularly, from my personal viewpoint, its attitude to LGBT rights. I do, however, accept that engagement has resulted, and will result, in progress. Again, this agreement was signed some time ago, and we now have a new US Administration who have decided to reinstate restrictions on Americans travelling to and having business dealings with Cuba—another possible policy rift between the EU and the US Administration.

I ask the Minister: what is our response to these potential rifts over the policy that we have worked with and supported within the EU? How will they impact our foreign and security policy post Brexit, particularly with regard to the US Administration? This relates to my original question about the Government’s assessment of future foreign and security policy. It is not so much about how it affects our attitude to bilateral relationships—we can certainly have those, and I welcome the commitments that the noble Baroness has made on ensuring that we maintain our strong relationships with old allies—but about the consequence of our not influencing EU policy, and the impact of a possible divergence of policy in the future. That is the sort of assessment we would like to hear about.

I respect the Minister’s ability to respond to questions, but doubt her ability or willingness to answer that specific question. It is, however, a matter which all opposition parties, certainly in this House, will be pressing the Government to address over the coming months. It is vital for our security. We are close neighbours of the European countries and—as the Government have repeatedly said—whether in or out of the EU we need to make sure that we have the strongest possible relationship with them.

I had a couple of other points, but I think that the noble Viscount, Lord Waverley, and the noble Baroness, Lady Ludford, have addressed them, so I look forward to the Minister’s response.