Syria: Air Drops

Baroness Anelay of St Johns Excerpts

Thursday 9th June 2016 Lords Chamber

[The Minister of State, Foreign and Commonwealth Office (Baroness Anelay of St Johns) (Con)]

My Lords, with the leave of the House, I will repeat a Statement made in the House of Commons earlier today by my right honourable friend David Lidington.

“The Government’s objective remains a political settlement which allows Syria to become a stable, peaceful state with an inclusive Government with whom we can work to tackle Daesh and other extremists. Frankly, it is only when this happens that we will see stability return to the region and the flow of people fleeing Syria and seeking refuge in Europe stop.

To achieve that goal, we need to get political negotiations between the Syrian parties back on track. The International Syria Support Group has made it clear that, in order to create the best environment for talks to succeed, there needs to be both a comprehensive cessation of hostilities, leading to a full ceasefire, and sustained, unfettered access for humanitarian aid.

Talks have now paused because progress on both those tracks has been insufficient. That is why we are pressing hard for an end to the current violations of the cessation of hostilities, the majority of which are down to the Assad regime. It is also why we need to see an improvement in humanitarian access to besieged and hard-to-reach areas inside Syria.

Both those points were agreed by all members of the International Syria Support Group in Munich in February this year. However, in the light of the continuing dire humanitarian picture, at the most recent ISSG meeting in Vienna on 17 May the Foreign Secretary proposed humanitarian air drops by the UN World Food Programme to besieged areas in Syria if access could not be achieved by road by the beginning of June. That deadline has now of course passed. We welcome the arrival of some limited aid in Darayya and Muadhamiya over the last few days, and we note that the Syrian Government have agreed in principle to allow land access by the UN to the majority of areas requested for the month of June. Such progress that we have seen is undoubtedly the result of international pressure, including the possibility of air drops.

We believe it is now crucial that the ISSG holds the Assad regime to account for the delivery of those commitments. UK officials are meeting their ISSG counterparts and UN officials in Geneva today to continue that work, and the UN is pressing the Assad regime to allow air drops if access by road is not permitted.

We remain clear that air drops are a last resort. Land access is more effective, more efficient and safer both for those needing the aid and for those delivering it. The UN has plans in place to begin air drops if they are needed, but it is clear that, in a complex and dangerous environment like Syria, this will not be straightforward.

We will continue to support the UN in its efforts, but if the regime is not willing to allow sufficient land access or air drops to those in such desperate need, the ISSG must consider very carefully what further steps might be taken to deliver the aid that is so desperately needed”.

[Lord Collins of Highbury (Lab)]

I thank the noble Baroness for repeating the response to this morning’s Urgent Question. I am sure we all agree that the most important thing is to focus our attention on the plight of those 582,000 people—men, women and children—who have been denied access, some since 2012. The conditions in those areas must be absolutely appalling and dreadful—it is difficult to imagine—and it is important that we keep highlighting that.

The noble Baroness said—and I heard the Minister in the other place, the right honourable David Lidington, say—that this afternoon British officials will meet their ISSG counterparts to consider the response of the Assad regime to the UN request for access. There is no doubt that the best outcome is agreed land access. That is the most effective way to get support in there. But what will happen if the Syrian Government refuse permission or impose further unnecessary delays? Will we be able to persuade others that air drops are appropriate as a last resort? And what timeframe are we considering? As each day and each week go past, the conditions in these areas will become intolerable.

I heard the right honourable David Lidington say that Russia and Iran have the power to influence the situation. Apart from the discussions in the ISSG, what efforts are the Government making to put pressure on Russia and Iran to use that influence more appropriately? What can we do about that?

There is no doubt that political progress towards a settlement is made a great deal more difficult while Assad deliberately uses the denial of humanitarian aid as a political and military weapon. I know that the noble Baroness shares my view and I hope she will confirm that there will be no hiding place for individuals who flagrantly breach international humanitarian law.

[Baroness Anelay of St Johns]

My Lords, I shall respond to that last point first. The noble Lord is right: I join him in saying that there should be no impunity for those who breach international humanitarian law. However, it is a question of how and when one deals with that. He knows that this Government have put their resources where their mouth is and have committed money to enabling very brave people to gather, across Syria, information which we hope can be used in future judicial proceedings to hold to account those guilty of these atrocities.

It is important that we take stock of the United Nations request for land access to the four areas to which the Assad regime has so far refused the UN access. Once we see the result of that, we will know more about the timetable and about what happens next, but clearly, as land access is more secure, particularly for those receiving the aid as well as for those delivering it, that would be the best outcome. We have made it clear that the UN would then have to consider the application to Assad to deliver air drops. How it would do that and the viability of those air drops would be up to the UN to determine. Of course, we have to take into account that both Assad and the Russian Government have air defences in place in Syria, so if they were not to consent, we would enter a very dangerous process.

Therefore, the noble Lord is right to ask about the influence of Russia and Iran. They are both members of the ISSG, and Russia has played a leading part in agreeing to the cessation of hostilities and to humanitarian aid being delivered. Via our work through the ISSG and other organisations such as the UN and the Human Rights Council, we continue to impress on Russia the importance of using its influence to persuade the Assad regime to do what the whole world sees as the only right thing—to allow aid to be delivered to the areas that have been starved and bombed as a political weapon. That is a disgrace.

[Baroness Smith of Newnham (LD)]

My Lords, the Minister referred to the importance of the ISSG holding the Assad Government to account. However, she mentioned that Russia is also part of that. How do Her Majesty’s Government envisage that we can hold the Assad regime to account? In the shorter term, how can we deliver humanitarian aid if Russia and the regime are not willing to allow drops?

[Baroness Anelay of St Johns]

My Lords, as I outlined a moment ago, the decision-making process has to depend upon the discussions being carried on today, not just with the ISSG but with the UN. It is a matter of what is the safest and most effective way of delivering aid. However, the Assad regime should be under no illusions and neither should Russia. The allies who have united against Daesh are united against the attempt to subvert democracy in Syria as a whole. Therefore, it is important that Assad takes note of the determination of countries that are united in the ISSG, which includes the UK, to deliver humanitarian aid. I pay tribute to the organisations that stand ready to do that.

[Lord Anderson of Swansea (Lab)]

My Lords, is there any evidence that Russia will be co-operative in the United Nations Security Council and not block an initiative? Is there any evidence that Russia is acting positively in respect of pressure on the Assad regime?

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[Baroness Anelay of St Johns]

The noble Lord raised a very good point and I am not able to give him a very positive answer—I wish that I could. The signs so far from Russia are that it promised to step down some of its military support for the Assad regime, for example, and then did not. There was much brouhaha about President Putin’s announcement over a withdrawal but the Russian drawdown of military equipment in Syria, I am advised, has been limited to some fixed-wing aircraft and personnel. The number of attack helicopters able to provide closer combat support to regime troops has increased. If that is the message that Russia is giving to the Assad regime, it is not a message that encourages Assad to do what is right, which is to allow humanitarian aid to all.

[Lord Campbell of Pittenweem (LD)]

My Lords, the Minister has been characteristically measured in introducing this subject and in responding to questions. Does she agree that the use of air drops would essentially be a decision borne out of desperation? Must we not also consider the risks involved? First, there is a risk that the material to be delivered could fall into the wrong hands. Secondly, there may be physical risks to the citizens to whom aid is to be delivered if a drop goes awry. Thirdly—the noble Baroness hinted at this a moment ago—this is potentially a very hostile air environment and there could be risks both to aircraft and aircrew. In all the circumstances, may we take it that Her Majesty’s Government’s attitude at the Security Council will take full account of these risks and will accede to the notion of air drops only if they believe that there is no other possible viable alternative?

[Baroness Anelay of St Johns]

I agree entirely with the way in which the noble Lord has outlined the risks involved in the delivery of humanitarian aid which is so desperately needed. There are areas, for example, in the middle of Damascus that have been besieged and starved for three years. Getting access there, if Assad agreed to it, is a simple matter—he is standing in the way—but the risks internationally are great. Assad is computing those risks too. What we say to him is: the world will not stand idly by and allow you to continue bombing, starving and using chemical weapons against your people. We are six years into the conflict, and it must stop.

[Lord Hannay of Chiswick (CB)]

My Lords, does the Minister not recognise that it may be necessary to move matters rather more forcefully at the United Nations and that a resolution authorising air drops and requiring the Assad regime to permit those air drops would compel the Russians to take a position on that, which they can probably avoid doing so long as merely diplomatic channels are being used? If they veto it, they will be vetoing the provision of supplies to starving people, and that will have a cost to them. If they do not veto it, they are supporting the use of air drops, and that has implications for their own military involvement. Would it not be better, fairly soon, to move matters in a more purposeful way in the Security Council?

[Baroness Anelay of St Johns]

The noble Lord, with his experience of being our representative in the United Nations in New York, has hit on one of the options that are available. Meetings are going ahead today, and I hope that advances can be made through the ISSG and that Russia will use its undoubted influence over the Assad regime to achieve the right objective. However, clearly all countries will be considering the variety of options available.

EU: UK Settlement

Baroness Anelay of St Johns Excerpts

Wednesday 8th June 2016 Lords Chamber

[The Minister of State, Foreign and Commonwealth Office (Baroness Anelay of St Johns) (Con)]

My Lords, the international law decision contains legally binding and irreversible provisions specifying how certain articles in EU treaties should be interpreted. That interpretation will apply to all EU institutions, including the European Parliament. The Court of Justice confirmed that it is required to take such decisions into account when interpreting the treaties. The decision includes a commitment that the member states will, at the next opportunity, amend the treaties to address key UK concerns.

[Lord Pearson of Rannoch (UKIP)]

My Lords, I thank the noble Baroness for that Answer but she appears to forget the 1992 European Council in Edinburgh, which decided that national citizenship was superior to the new EU citizenship that had just been agreed at Maastricht. However, the Court of Justice overturned that, having merely taken it into account. How is the Prime Minister’s deal anything approaching the root-and-branch reform of the EU that he promised in his Bloomberg speech? If the Minister cannot say, is it honest of the Government to pretend that this deal justifies our staying in a wholly unreformed and clearly failing European Union? I ask the noble Baroness yet again: why do the Government want us to stay on the “Titanic”?

[Baroness Anelay of St Johns]

My Lords, my right honourable friend the Prime Minister successfully renegotiated a deal that is better for the UK than any before and means that we are stronger, better off, and safer within the European Union. He made sure that the agreement provided that we are protected by international law which means that this will be put into effect. That means we are in a better position than ever before. It is right that when those who go to vote make their minds up they bear all that in mind. I do not tell them how to vote. I certainly hope they will consider the facts carefully before they do so.

[Lord Garel-Jones (Con)]

Can my noble friend confirm that there are no circumstances similar to the one that the noble Lord raised, in which the European Court of Justice has overturned a decision taken by the European Council? Can she further confirm that in the package negotiated by the Prime Minister is something called the red card system, which substantially enhances the roles of national Parliaments in the whole legislative procedure of the European Union?

[Baroness Anelay of St Johns]

My noble friend is absolutely right in his surmise.

[Baroness Armstrong of Hill Top (Lab)]

My Lords—

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[Baroness Armstrong of Hill Top]

Will the noble Baroness confirm that if the British people decide to leave the European Union none of the provisions agreed on 19 February will prevail and, until our membership is finished after the negotiations over our exit route, none of the aspects in the deal will apply?

[Baroness Anelay of St Johns]

My Lords, I can confirm that. It has been made clear that the agreements reached by my right honourable friend take effect only if there is a vote to remain in the European Union in just a couple of weeks and one day. If the country decides that it prefers that the UK should leave the European Union, one then invokes Article 50 and we go through that process.

[Baroness Ludford]

Does the Minister agree that the February decision—

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[Baroness Ludford]

Does the Minister agree that the February decision of the heads of state and government—not of the European Council—and indeed our future in the EU, has a degree of clarity and certainty which shines out, compared with the sketchy and shifting scenarios that we hear from the Brexiteers, whose model is based variously on Norway, Canada or Albania, depending on the speaker, the day or the hour?

[Baroness Anelay of St Johns]

My Lords, the noble Baroness is right to point to the fact that the deal is indeed in international law and therefore its terms are certain, and that, at the moment, those who wish to reject that deal have not set out the alternatives.

[Lord Spicer]

My Lords, in addition to the legal point made by the noble Lord, Lord Pearson, is there not a question of logic? Is it really possible to contemplate a genuine single market with one country having its own currency? If we stay in the European Union, is it not the case that ultimately we will be forced into the single currency?

[Baroness Anelay of St Johns]

My Lords, no, part of the agreement is that there is a protection for the United Kingdom to retain a veto to remain outside the eurozone.

[Lord Davies of Stamford (Lab)]

Is it not the case that so long as we remain in the European Union we will continue to have a veto on any potential applications to join, including if Turkey were to make such an application, because enlargement is a matter for unanimity under the treaty? Is it not also the case that, for exactly the same reason, we would continue to have a veto on any increase in the EU budget? Is it not therefore the case that in saying precisely the opposite to those two things over the last few days the Brexit campaign has once again—sad as it is to have to use the word—told lies to the British public?

[Baroness Anelay of St Johns]

My Lords, I do not say that those who present an inaccurate description are telling falsehoods. I follow my right honourable friend the Prime Minister in saying that perhaps they simply do not have quite as much direct experience of the EU as he has had as Prime Minister. Unusual though it may be for me to agree so wholeheartedly with the noble Lord, Lord Davies, I have to say that he is right.

EU Foreign and Security Strategy (EUC Report)

Baroness Anelay of St Johns Excerpts

Tuesday 7th June 2016 Lords Chamber

[The Minister of State, Foreign and Commonwealth Office (Baroness Anelay of St Johns) (Con)]

My Lords, it gives me great pleasure to close this debate on the report Europe in the World: Towards a More Effective EU Foreign and Security Strategy. Like others today, I record my appreciation for the EU sub-committee’s comprehensive work under the leadership of its chairman, my noble friend Lord Tugendhat. This report is a welcome and valuable contribution to the debate on the future of EU foreign and security policy.

I shall first set out what the Government think about the EU strategy review before commenting on some of the key conclusions of the committee’s report. The Government welcomed the proposal put forward at the European Council in June last year to review the 2003 European security strategy because the world has moved on since then. The foreign policy challenges in the near neighbourhood pose even greater threats to the EU’s security and prosperity than was the case just 10 years ago.

Given these serious threats, we believe that a properly coherent approach to EU external action has never been more important. That seemed to be a theme that ran through so many speeches today. The EU’s collective action is relevant to many of the UK’s foreign policy objectives, and as a large member state with global interests and membership of many key international organisations and groupings, the UK is in a strong position to influence EU common action. It was not too surprising that some noble Lords expressed some disappointment about the number of UK citizens working in the EU institutions and the fact that perhaps that number is falling. I refer to comments made by my noble friend Lord Balfe, the noble Baroness, Lady Suttie, and the noble Viscount, Lord Waverley. In answer to their questions I can say that in 2013 the Government set up an EU staffing unit with the express purpose of increasing the number of British nationals who work in the EU institutions. This has resulted in an increase in UK-seconded national experts being sent to work in the EU.

The UK is well represented among the member states that send staff to work in the European External Action Service. However, we very much agree with what noble Lords have said today. More remains to be done, particularly in raising the success rate of UK candidates at the EU entry competition for permanent staff—the concours. I was grateful to the clerks of the House, who during the course of the debate assisted me by providing the following information: “The House of Lords Committee Office currently has one seconded national expert working for the European Parliament; another member of the Committee Office staff has just been successful in securing a seconded national expert post”. Therefore, that is progress made, but clearly more progress has to be made.

The strategy review is also timely, because such an approach could usefully complement the United Kingdom’s recent strategic defence and security review. The paper entitled The European Union in a Changing Global Environment, published by High Representative Mogherini last June, set the context for a revised Europe Global Strategy and described the challenges that EU foreign policy needs to address. Naturally, we were pleased that the high representative recognised the need to consult member states throughout this process. We have been working closely with the strategy team in Brussels to feed in our views.

An important comparative advantage for the EU in foreign policy, set out a moment ago by the noble Lord, Lord Collins, is the EU’s ability to combine with its diplomatic and security tools a wide range of policy instruments: political, economic, development, and humanitarian—he is right. With tools ranging from military missions to development aid, the EU can flex its approach as situations evolve. But it is vital that these tools work together properly. We think the EU needs to improve further its ability to combine its foreign policy instruments—and its institutions—more effectively. The strategy could help to deliver those improvements. We believe that the strategy review should focus on making EU external policy more coherent, flexible and accountable. We see it as an opportunity to achieve improvements across the full range of the EU’s external tools. For example, the contribution of development assistance to building stability and peace should be better reflected.

There could be better co-ordination between Council activity and Commission-administered programmes to ensure a better articulation of the respective roles and interventions. In particular, we encourage stronger links between the Council-led foreign policy work and the Commission-run trade and energy work, where interests and objectives can sometimes overlap. There could also be stronger links between internal and external security. We agree with the report that:

“Terrorism affects both the internal and the external security of the Union”.

Several noble Lords referred to that matter. A joined-up approach is essential to counter and tackle the threats we face. This should be delivered through strengthened partnerships and complementarity with other international actors, including of course NATO, the UN and the OSCE, which the report alludes to; I will answer one or two points made by noble Lords on that in a moment. Finally, we also believe that the EU could do more in the field of strategic communications, and we would like to see this reflected in the strategy.

The Government agree with many of the specific conclusions of the EU Committee report, as my right honourable friend the Minister for Europe made clear in his formal written response. We absolutely agree that member states drive the whole issue of EU foreign policy—it is a national competence. We support the committee’s call for the EU to use the strategy review as an opportunity to set rigorous priorities and improve the execution of its foreign policy decisions.

We also agree that the new strategy should aim to achieve better co-operation between the EU and NATO. We hope that this can further encourage member states to move closer to the target of 2% of GDP dedicated to defence spending. NATO has remained the bedrock of our national defence and that of the Euro-Atlantic area for almost 70 years.

The Government remain convinced that the EU does not have a role in territorial defence, because doing so would simply duplicate what NATO already does and would place further strain on finite resources across Europe. We therefore agree that it is important to foster closer co-operation and co-ordination between the EU and NATO. I particularly mark the concerns expressed by the noble and gallant Lord, Lord Stirrup, the noble Earl, Lord Sandwich, and other noble Lords on these matters.

I was asked in particular by the noble Earl about reports of shrinking EU-NATO relations. In 2015 we resolved to frame a national security strategy to foster closer co-ordination between the EU and NATO. This will include areas such as cyber and countering hybrid threats, as well as work to develop security capacity in other states. We will form across Whitehall a joint Euro-Atlantic security policy unit to bring together diplomatic and defence expertise on this. Noble Lords were right to express their concerns.

We believe that the strategy could also usefully promote the co-ordination of missions undertaken under the common security and defence policy and the work of other actors so that EU efforts support a coherent international effort from the outset. The Government believe, for example, that the European Union could play a helpful role in bolstering the efficiency and impact of UN engagement.

Several noble Lords mentioned Turkey and the issue of enlargement. It is certainly a fact that Turkey has strong hopes of membership of the EU. The Government support Turkey’s EU accession process, which remains the most effective mechanism for continuing reform in that country. The noble Lord, Lord Collins, and others were right to point out that, with progress, one also has to offer hope to people as they work through a difficult process of opening and closing chapters. But it is a matter of fact that achieving the reforms that are necessary for Turkey to join the EU will be a lengthy process—we cannot get round that. The Prime Minister has told the House of Commons that we do not believe Turkish membership will be on the cards for many years. It is a matter of recognising the practical details of the progress that it needs to make, particularly in human rights and economic conversions.

The UK strongly welcomes the plan agreed between the EU and Turkey to end irregular migration from Turkey to the EU. For the first time, we have a plan that breaks the business model of the people smugglers by breaking the link between getting in a boat and getting settlement in Europe.

I turn briefly to the Review of the European Neighbourhood Policy, to which several noble Lords referred. It was published in November last year. It was a good outcome for the UK. It maintained the idea of a single overarching policy but emphasised differentiation, stability, partnership and ownership. In particular, we welcome the greater flexibility that it offers to enable co-operation on shared interests with those partners not looking to conclude association agreements. The EU remains united in its commitment to the interests of our eastern partners.

Many noble Lords—my noble friends Lord Horam and Lord Balfe, the noble Lords, Lord Anderson, Lord Judd and Lord Soley, and the noble Earl, Lord Oxford and Asquith, to take just a few—referred to Russian foreign policy. Concern about the direction of Russian foreign policy has generated useful debate in this House, not just today but on previous occasions when we have had the chance to go into more detail. However, the Government do not agree with the committee’s assertion that the US is leading the West’s relations with Russia. This is an oversimplification, given that it is clear that the EU has been at the very forefront of the response to Russian actions in Ukraine.

The noble Baroness, Lady Ludford, asked me to comment on the Normandy format: it works, and it is not something that works by excluding the UK. The flexibility of being able to feed in our influence and technical expertise made the system work. It also means that we have as much interest in ensuring that the agreements of Minsk I and II are adhered to before there are any reductions in sanctions. We were warned by other Peers to be careful about the removal of sanctions because Russia is very adept at exploiting differences in views across the EU. We have taken a unified approach and shown Russia that its illegal actions in the way it has behaved in Ukraine will not be tolerated, including by taking the step of sanctioning a permanent member of the United Nations Security Council.

Several noble Lords referred to the fact that it is important to think about the Russian Government and not lump in the Russian people with them. I appreciate that. Russia’s actions in Ukraine, Syria and elsewhere clearly expose the gulf between the values and interests of the Russian Government and those of the EU. That means that Russia will not, for the foreseeable future, be a potential strategic partner for the EU. However, it may not be business as usual, but it has to be business. There is dialogue at the United Nations and the Human Rights Council.

The Government agree with the committee that fragile states in the southern neighbourhood should be addressed in the strategy. The strategic challenges posed by many countries in north Africa require a step change in the EU response, and the EU must act to address the underlying causes, as well as the symptoms, fuelling migration, radicalisation and extremism. We agree that reform in the political, judicial and security sectors in these countries will be vital.

Turning to the committee’s conclusions about north Africa, the Government agree that the EU can play a useful role in Tunisia and Libya in both short-term and long-term security sector reform work. With the establishment of a Government of National Accord in Libya, the possibility for a greater EU role exists. We continue our discussions with other member states and the External Action Service.

The Government agree with the committee that the EU has a direct interest in resolving the Syrian conflict, which is now in its sixth year. The International Syria Support Group has played a vital role in restarting political negotiations between the Syrian parties, with the aim of fully implementing the cessation of hostilities, ensuring all required humanitarian access is granted, and strongly supporting the efforts of de Mistura, the United Nations special envoy, to bring about a political transition in line with UN Security Council Resolution 2254. It was a privilege to be able to make that point to him when I met him over the Easter Recess. The EU, along with the UK, France, Germany and Italy, has provided support within the ISSG process to help the UN special envoy as he aims to reconvene talks in Geneva. The UN has a mandate to facilitate talks between the Syrian parties but the solution must be Syrian-led. At the Supporting Syria and the Region conference in London earlier this year, significant support was pledged by the international community for supporting Syria after the conflict. We should not forget the pledge of €2.39 billion made by the European Union Commission.

Finally, turning to the EU’s institutional arrangements, the Government agree that ad hoc groups can be a useful format for rapid, decisive and ambitious action by member states, which can then become the wider EU position. Noble Lords referred to our divergence from the view of the committee on the role of the high representative. There is no doubt about the value of her role and that of her predecessor, and the inclusion of the high representative in ad hoc groups can certainly help gain the widest possible support among member states, but we do not believe that it is essential in every single case; it is not a prerequisite. Member states should remain free to form and work in ad hoc groups without the high representative should circumstances so require, depending on the view of the European Council. Flexibility is too valuable to lose.

The role of the External Action Service should continue to evolve. The Government agree that the strategy should encourage the External Action Service to draw together the EU’s security, political and development activities for preventing and resolving conflict. It should encourage an External Action Service that works in concert with the other EU institutions, particularly the Commission, and is capable of intervening at any stage of the conflict cycle, bringing together the full range of EU instruments.

I conclude by once again welcoming the report. As I have shown, the Government agree with many of its conclusions. The noble Lord, Lord McConnell, reminded the House that one of the great strengths of the External Action Service is its ability to combine its many tools across a wide range of policy areas, tackling political, economic, development, and humanitarian challenges, and improving our security and prosperity as it does so. The noble Lord reminded us that it is a good idea to be visionary, not meek or weak—I like that. That is why this review is so important, and it is why we have worked closely with the team conducting it. We will continue to work hard to ensure that the new strategy reflects our views. We shall not be meek or weak.

Burma

Baroness Anelay of St Johns Excerpts

Monday 6th June 2016 Lords Chamber

[Baroness Cox]

To ask Her Majesty’s Government what is their assessment of the current situation in Burma, in particular with regard to the reported continuing military offensives and violations of human rights of the Shan, Kachin and Rohingya people by the Burmese army.

[The Minister of State, Foreign and Commonwealth Office (Baroness Anelay of St Johns) (Con)]

My Lords, we are concerned about the Tatmadaw’s recent use of force in Kachin and Shan, which has displaced hundreds of civilians. We continue to provide support to the peace process, contributing £6.7 million in 2016-17. Aung San Suu Kyi has announced that she will hold a peace conference, which we support. We call on the Tatmadaw to work constructively with the civilian Government to achieve peace and address the desperate situation of the Rohingya people.

[Baroness Cox (CB)]

My Lords, I thank the Minister for her sympathetic reply. I have recently returned from visiting partners in and from the Shan and Kachin states, where despite the existing ceasefire agreement the Burmese army continues to attack civilians with ground offensives and helicopter gunships, and to perpetrate extrajudicial killings, the torture of civilians, the use of civilians as human shields and forced porters, and the destruction of homes and food stores, making a mockery of the peace process. What pressures are Her Majesty’s Government applying to bring an end to the impunity which the Burmese army is being allowed by the Burmese Government to continue these atrocities against the Shan and Kachin people, as well as the well-documented persecution of the Rohingya people?

[Baroness Anelay of St Johns]

My Lords, I pay tribute again to the courage of the noble Baroness for working in such difficult areas over the decades. I agree with her that these recent offensives are inconsistent with the spirit of last year’s nationwide ceasefire agreement and that they risk undermining the national conciliation process that the new Government want to take forward. Aung San Suu Kyi has announced a Panglong 2 conference to reinvigorate the process and we have made it clear to the Burmese military that it should participate constructively in this initiative by the civilian Government. We have done that by making representations to the Tatmadaw at a senior level last week, and I welcome government efforts in the past week to reach out to those ethnic groups that have not yet signed up to the peace process.

[Baroness Berridge (Con)]

My Lords, I understand that recent changes have enabled people to apply in-country for visas to come to the United Kingdom. One of the problems for certain ethnic groups in Myanmar, particularly Rohingya Muslims, is their lack of identity documentation, which could inhibit their applying for such visas. Can my noble friend the Minister assure your Lordships’ House that whether someone is Buddhist, Muslim or Christian in Myanmar, they can apply for a UK visa on objective criteria?

[Baroness Anelay of St Johns]

My Lords, I assure my noble friend that the UK Government apply objective criteria that do not discriminate against anyone on the grounds of their religion or of no belief. My noble friend has put her finger right on the problem, which is that, as we have discussed previously in this House, the Rohingya people do not have valid travel documents. To apply for a visa, a valid travel document must be presented. I have already referred to the fact that the Government are reaching out to areas where there are difficulties. They have been in power only since April, but in the past week the new NLD-led Government have announced that they will start a fresh citizenship verification process in Rakhine state. However, I appreciate that the details of the process are not yet clear.

[Baroness Kinnock of Holyhead (Lab)]

My Lords, has the Minister seen the recent evidence showing that the Burmese army, which has been given free training by the United Kingdom, continues to violate international law? Ethnic women have been raped, civilians shot and villages bombed. How much more suffering must be endured in Burma before the United Kingdom refuses to train an army that commits such atrocities?

[Baroness Anelay of St Johns]

My Lords, we are training the army so that its members know that they should not carry out atrocities. I feel as strongly as the noble Baroness that when members of armed forces carry out atrocities against civilians, not only are they in breach of humanitarian and international law, they are acting in an inhumane way. We are training the Tatmadaw to adhere to human rights norms. I appreciate that in certain circumstances those norms are breached, but its members are taking part and they are listening. We have the patience to carry on with that process.

[Lord Wallace of Saltaire (LD)]

My Lords, can the Government tell us how much co-operation we are getting from Myanmar’s neighbours in our efforts to encourage this rather weak new Government, faced with a surge of right-wing Buddhist nationalism against them within Myanmar, to provide negotiations on these long-standing problems? I refer to Malaysia, for example, and China is a major actor. How far are they willing to co-operate with us on this?

[Baroness Anelay of St Johns]

My Lords, clearly it is important that there are discussions across the region, not only on this but on other aspects of confidence-building and stability-building across the area. Those discussions are going ahead. The ones of which I am aware take place in both the United Nations and the Human Rights Council. I hope they are always considered valuable, even if we do not get quick or easy results.

[Lord Alton of Liverpool (CB)]

My Lords, what assessment has the Minister been able to make of the remarks of the young Kachin girl who spoke here just two weeks ago? She described systematic ethnic cleansing, the expropriation of land, particularly for mining purposes, and the massive opium trade being carried out in Kachin state, which has implications for western countries such as our own.

[Baroness Anelay of St Johns]

My Lords, the noble Lord is right to point to there being those in Burma for whom continuing the conflict is of personal financial interest. Some of those, it is alleged, are within the military and have allegedly been part of government in the past. It is clear that the new civilian-led Government are doing what they can to address those problems. In Burma, as in other countries in the region, it seems that there are those for whom the profits from trading in other people’s misery are too great for them to do what is right.

[The Lord Bishop of Derby]

My Lords, is it true that DfID has decided prematurely to end funding for civil rights groups and civil society organisations that are working cross-border? Given the delicacy of the situation and the efforts to turn it around that have been referred to, should that decision, if it has been made, be reviewed so that we can play our part in helping those civil society organisations to make a full contribution?

[Baroness Anelay of St Johns]

My Lords, DfID has given £106 million towards aid generally in Burma this last year. Announcements for the forthcoming year have not yet been made but when they are, I will look into that matter.

EU: Turkish Membership

Baroness Anelay of St Johns Excerpts

Wednesday 25th May 2016 Lords Chamber

[Lord Green of Deddington]

To ask Her Majesty’s Government what is their current policy regarding Turkey joining the European Union.

[The Minister of State, Foreign and Commonwealth Office (Baroness Anelay of St Johns) (Con)]

My Lords, the Government see the EU accession process as the most effective means of encouraging reform, stability and democracy in Turkey. The Prime Minister has made it clear that the question of Turkey actually joining the EU is not remotely on the cards; indeed, he does not believe that it will happen for decades. Of course, every member state has a veto at every stage of the process.

[Lord Green of Deddington (CB)]

My Lords, I am grateful to the Minister for that response. Is she aware of the many similarities between the economic conditions in Turkey today and those that existed in eastern Europe in 2004—countries from which we have since received more than 1 million migrants? The Minister mentioned the right to veto Turkish membership. Would the Government use their veto if faced with the prospect of massive flows of migration from Turkey?

[Baroness Anelay of St Johns]

My Lords, regarding use of the veto, the Prime Minister has made it absolutely clear that he would be prepared to block any future accession until reforms of transitional controls on freedom of movement have been achieved. The success of my right honourable friend the Prime Minister in his negotiation earlier this year means that our controls on free movement cannot be lifted until the economies of an accession country have converged much more closely with existing member states’. If we were to allow those controls to be lifted, we could seek to re-impose them if there were either a serious disturbance in our labour market, or adverse social or public policy impacts in the UK as a result of migration from this new member state. These are new powers that we did not have on the previous accession from the Balkans.

[Lord Anderson of Swansea (Lab)]

My Lords, will the Minister pass a copy of her reply to her hapless government colleague Ms Mordaunt? Does she recall that Chancellor Merkel used to talk of the proud nation of Turkey having a “privileged position” with the European Union? Is that now not a far more realistic position than continuing with the fiction that Turkey will one day be a member of the European Union, given, for example, that there is a need for referenda in Austria and France, and that there is no prospect, for as far ahead as we can plan, of Turkey having full membership?

[Baroness Anelay of St Johns]

My Lords, I happened to speak to my honourable friend Penny Mordaunt about an hour ago, and I reassured her of my admiration for her in all the work she does as Minister for the Armed Forces. Indeed, I am just about to issue a joint op-ed with her regarding the ceremony at the Cenotaph earlier today. I was disappointed that she was perhaps misinformed by one of the campaign groups about the powers of the United Kingdom. It is clear that, when Turkey is on the path to EU accession, it will face the fact that the UK, as all other member states, possesses a veto against its accession if it cannot achieve the standards needed to be a member of the EU.

[Lord Balfe (Con)]

My Lords, I point out that successive Governments of all political colours have supported Turkey’s application. Part of the accession negotiations could obviously cover a derogation on free movement that could put it off for a number of years. I will be in Ankara next week, at the Turkish Parliament. Can I assure them that Her Majesty’s Government’s position remains the same?

[Baroness Anelay of St Johns]

The position remains exactly as I outlined in my Answer: we see the EU accession process as the most effective way to encourage reform, stability and democracy in Turkey. Turkey has to meet the EU norms—the rule of law, fundamental freedoms and competition rules—to be effective.

[Baroness Ludford (LD)]

My Lords, is it not the truth that the Brexiteers making an issue of the very distant prospect of Turkish accession is an example of their having lost the plot? They have lost the argument on the economy, are unable to portray a credible alternative to the EU—sorry, I forgot Mr Gove’s Albanian model—are fighting among themselves like rats in a sack, and are scapegoating and insulting all and sundry with abandon, including Turks. Should they not concentrate on trying to find some integrity for their campaign?

[Baroness Anelay of St Johns]

My Lords, the Government’s view is that we should put to the people of this country the positive and correct information about the benefits but also responsibilities of being a member of the EU. We believe that we are stronger, safer and better off in the EU. We have issued information about that. It is up to others how they interpret it—or, indeed, misinterpret it.

[Lord Elystan-Morgan (CB)]

My Lords, for a country to be a valid candidate for entry into the European Union, is it not incumbent on it to show that it is an adherent to the European Convention on Human Rights of 1950? Do Her Majesty’s Government take the view that Turkey today genuinely and honestly conforms to such a rule?

[Baroness Anelay of St Johns]

My Lords, our view is indeed that Turkey must adhere to the common norms on human rights. The Copenhagen criteria underwrite that requirement, as the noble Lord will be more aware than most. It is a fact that Turkey has a long way to go before it meets the necessary standards of human rights and can achieve accession. The opportunity to work towards EU accession is, I hope, the lever that will persuade the country to reform its views on human rights.

[Lord Collins of Highbury (Lab)]

My Lords, Turkey is of course also a member of NATO. Building security in Europe is at the front line of issues of security. Clearly, as the Minister indicated, the accession process can address the issues of democracy and accountability and, not least, the problems we have with Cyprus. Can the noble Baroness assure us that she will continue that process and not give in to the scare tactics that have been used disgracefully by other members of her Government?

[Baroness Anelay of St Johns]

I wholeheartedly agree that that process should continue. I give that undertaking.

[Viscount Hailsham (Con)]

My Lords, would my noble friend agree that, while there are many substantial reasons against the accession of Turkey to the European Union, perhaps the most important is that there is a real danger that it would greatly increase right-wing extremism within the Union? That would be profoundly destabilising for us all.

[Baroness Anelay of St Johns]

My Lords, as I already outlined, in our view, for Turkey to achieve entitlement to accession to the European Union, it has a very long path to tread to meet the norms of human rights, and in economic terms. As each of the 35 chapters may be opened and closed, every member state has the opportunity for a veto. Any concerns that my noble friend has should be allayed by the fact that the process is clear and careful. We have the opportunity to explain to Turkey that it must achieve high standards of human rights, including avoiding political extremism, before it achieves accession.

European Union: United Kingdom Membership

Baroness Anelay of St Johns Excerpts

Monday 23rd May 2016 Lords Chamber

[Baroness Ludford]

To ask Her Majesty’s Government what is their assessment of the reasons for the call by five previous Secretaries-General of NATO for the United Kingdom to remain a member of the European Union.

[The Minister of State, Foreign and Commonwealth Office (Baroness Anelay of St Johns) (Con)]

My Lords, national security is the first duty of any Government, and Europe helps us to make Britain safer. Leaving Europe is a threat to our economic and national security. NATO is the cornerstone of our security, but the EU is part of the West’s core security. Our NATO allies do not want us to leave the EU. Beyond NATO, there is no indication that any of our key partners want us to leave.

[Baroness Ludford (LD)]

My Lords, I thank the Minister for that reply. Is it not arrogant of the Brexiteers to substitute their view for that of our NATO friends, whose view is that the EU is a key partner for NATO, that Brexit would undermine NATO and give succour to the West’s enemies and that, at a time of such global instability, it would be very troubling if Britain ended its membership of the EU? Is it not the truth that any supporter of NATO must be a supporter of remain?

[Baroness Anelay of St Johns]

My Lords, of course, all noble Lords are able to take their own view on these matters; I like to go for information about the real, the how and the now. It is the case that the EU complements NATO’s high-intensity military activities with important long-term stabilisation and development work. I saw that at first hand on two separate visits I made last summer: one to Kosovo, where NATO is in position; and the other to Bosnia and Herzegovina, where I had the opportunity to meet the general in charge of the EUFOR Althea force and see the work which the EU can do which NATO does not and cannot.

[Lord Hamilton of Epsom (Con)]

My Lords, does my noble friend not accept that the real problem with any form of EU defence capability is that only three countries spend money on defence—Germany, France and the United Kingdom—and the Germans are pacifists?

[Baroness Anelay of St Johns]

My Lords, that is an interesting interpretation of NATO. It is certainly not one that I have seen coming out of the discussions in NATO, where there is support across the membership for ensuring that there is a strategic defence of western Europe. NATO has a proud and successful history.

[Lord Robertson of Port Ellen (Lab)]

As one of the signatories to the letter concerned, perhaps I may suggest that the reason why five former Secretaries-General of NATO have taken the unprecedented step of speaking out at this time is the genuine concern that Britain might leave the European Union. As the letter quite clearly says, that would weaken British influence and weaken NATO at the same time. Surely, the Minister will agree that, at a time when we face unprecedented threats and challenges in the world today, a weakened NATO would be very dangerous indeed.

[Baroness Anelay of St Johns]

The noble Lord is right and he speaks from practical and detailed experience.

[Lord Flight (Con)]

My Lords, has the Minister seen the Brexit film, which stars a number of Members of this House? If not, I suggest that she might find it interesting to watch.

[Baroness Anelay of St Johns]

I find lots of things interesting, my Lords.

[Baroness Smith of Newnham (LD)]

My Lords, if we believe Her Majesty’s Treasury’s estimates of the short-term and long-term consequences of a vote to leave the European Union, which would leave the United Kingdom financially much worse off, would that not have negative ramifications in terms of our defence expenditure? The 2% commitment to NATO is excellent, but if we have a smaller economy, that means less money, fewer defence capabilities and a weakened, less secure United Kingdom.

[Baroness Anelay of St Johns]

The noble Baroness is right.

[Lord Anderson of Swansea (Lab)]

Will the Minister confirm that these distinguished Secretaries-General of NATO are joined in the roll call by virtually every international organisation that is relevant, and all of the international statesmen, including Commonwealth statesmen such as the Prime Minister of Australia? One would be hard-pressed indeed to find any international organisation or international leader, save perhaps for President Putin or Mr Trump, who would join the Brexiteers.

[Baroness Anelay of St Johns]

Again, the noble Lord is right.

[Lord Collins of Highbury (Lab)]

My Lords, people often forget that what has strengthened NATO has been the EU’s influence in ensuring that human rights, democracy and a growing economy are part of that NATO field. Of course, when NATO was established, Greece and Spain had dictatorships, and there have been dictatorships in other parts of Europe. Does the Minister agree that the EU complements and strengthens NATO rather than weakens it?

[Baroness Anelay of St Johns]

My Lords, indeed, the EU complements and strengthens NATO, rather than weakens it. The current holder of the position of NATO Secretary-General, Jens Stoltenberg, said only last month:

“We also see the importance of the United Kingdom being so supportive both inside NATO and inside the European Union, promoting increased cooperation between NATO and the European Union”.

He made the point that,

“a more fragmented Europe is bad for our security and it’s bad for NATO”.

[Lord Tebbit (Con)]

My Lords, would my noble friend not agree that the definition of a dictatorship is a country where people cannot sack the Government, make their own laws, or decide their own levels of taxation? Which is the democratic organisation in Brussels? Is it the one headed by Herr Juncker? We have had trouble with Junkers in this country before—I remember in my schooldays being bombed by them. Is it not true that this country is a democracy but the European Union is not, because we cannot sack people like Juncker?

[Baroness Anelay of St Johns]

My Lords, the European Union is united in the sense that it is 28 democratic countries. This Government are determined that the golden thread of good governance should run throughout not just the United Kingdom but the rest of the European Union.

[Lord Kinnock (Lab)]

My Lords, perhaps I may familiarise the noble Lord, Lord Tebbit, and others with the fact that the 28 democracies which make up the European Union are all represented in the Council of Ministers and that they have rights, including rights of veto, in many vital areas. There is a directly elected European Parliament, which is the only directly elected international Parliament in the world, and it has effective powers that assist in the improvement of legislation. There is no government in Brussels other than the Government of Belgium—there is a civil service that does its best to serve in response to the requests and requirements of all the member states of the European Union.

[Baroness Anelay of St Johns]

That is indeed an accurate description. I would simply add that it shows the importance of ensuring that those who are enfranchised within the United Kingdom vote for our MEPs. I always find it very disappointing to see the low turnout—so let us all work to increase it.

[Baroness Hussein-Ece (LD)]

My Lords, will the Minister comment on statements from the Brexit campaign in the past week that Turkey is about to enter the European Union, that 80 million Turks will come over here, and it will be mainly criminals who come? In fact, it is very unlikely that Turkey will join the European Union in the next five years. Could she also say something about the damage that the campaign is doing in respect of Turkey, a valued member of NATO, and in respect of community relations?

[Baroness Anelay of St Johns]

My Lords, it is a matter of fact that the Prime Minister has made it clear that he does not envisage Turkey being able for some decades to qualify by opening and closing all the chapters that are required to achieve membership of the European Union. Turkey has been trying to do so for some decades. I am on record in this House as pointing out that, until Turkey satisfies the requirements on human rights that must be met across the Union, particularly freedom of expression, it does not have a hope of joining. We want Turkey to change its attitude towards human rights, but, in the meantime, it is also a fact that, while we remain a member of the European Union, we have a veto on any application for membership.

Jan Böhmermann

Baroness Anelay of St Johns Excerpts

Wednesday 4th May 2016 Lords Chamber

[The Minister of State, Foreign and Commonwealth Office (Baroness Anelay of St Johns) (Con)]

My Lords, the UK Government are aware of the case of Jan Böhmermann; however, we have not made any representations to the Government of Germany. We consider this case to be a matter for the German Government. The UK Government remain committed to encouraging and upholding freedom of speech and media expression around the world.

[Lord Robathan (Con)]

My Lords, I know the whole House will agree that freedom of speech and the right to poke fun at our political leaders are part of being British. Indeed, freedom of expression is enshrined in Article 10 of the European Convention on Human Rights, and the court has said that it is,

“one of the essential foundations of a democratic society”.

This man, if I might say so, showed rather poor taste and perhaps he should be prosecuted for obscenity but it appears—my noble friend may contradict me on this—that Chancellor Merkel, under pressure from President Erdogan, has agreed that this prosecution can go forward because she is desperate for Turkish assistance on the migrant issue.

We are told we have great influence in the EU, so could Her Majesty’s Government use that great influence to ensure that this prosecution does not take place? Will they tell Chancellor Merkel and the Germans to resist any pressure, to resist blackmail and to not kow-tow to President Erdogan, whose record on human rights and free speech is, frankly, lamentable?

[Baroness Anelay of St Johns]

My Lords, ultimately it is for the Government and people of Germany to set and implement their own laws. The Chancellor has referred the matter, as is proper, to the prosecuting authorities for them to make the decision. Under paragraph 103 of the German Criminal Code, insulting a foreign head of state carries a maximum jail term of three years. It is a matter for the prosecutor now to decide whether a prosecution will go ahead. As for the thought of Chancellor Merkel kow-towing, I have met her—in your dreams.

[Lord Collins of Highbury (Lab)]

My Lords, arcane laws do exist, and I understand the Chancellor is committed to removing that law. In fact, there are similar laws in Greece, the Netherlands, Portugal and Romania. Does the Minister agree with me that encouraging all European countries to remain a member of the European Court of Human Rights is a vital prerequisite for democracy in our communities?

[Baroness Anelay of St Johns]

My Lords, the noble Lord raises the extremely important point—that there are laws around the world which do inhibit freedom of expression. Yesterday, I made it clear that we want to continue to persuade countries around the world to remove those barriers. Indeed, the Chancellor, Angela Merkel, has made it clear that she wants to remove the very legislation which it appears Jan Böhmermann has now fallen foul of—if that is the decision of the judicial authorities. She said that will happen by 2018, and her coalition partners have agreed with her that this legislation should be removed. That is what we can do around the world: use our influence both as a member of the European Union—which magnifies our voice around the world—and through the United Nations to remove bad law.

[Lord Elystan-Morgan (CB)]

My Lords, the President of Turkey is using a crude sledgehammer to crush a comic. In so doing, and in seeking to exert pressure upon Angela Merkel, he is making it clear that he presents himself more as the head of a medieval caliphate than the leader of a modern country that desperately aspires to be a member of the European Union.

[Baroness Anelay of St Johns]

My Lords, I did not quite detect a question there, but what I can say is that our Prime Minister, David Cameron, underlined the importance of protecting a free press and human rights to Turkey’s Prime Minister Davutoglu when they met on 7 March, and my right honourable friend the Foreign Secretary also set out his concerns when he met his Turkish counterpart on 12 March. That is what we do: persuade others to recognise the importance of freedom of expression.

[Baroness Smith of Newnham (LD)]

My Lords, the lesson here is surely that Germany is free to have its own laws, whether we like them or not: it is not constrained by the European Union, just as the UK is not. Does the Minister agree that this episode demonstrates that, despite the scare stories of the Brexiteers, the European Union does not interfere in the domestic rulemaking of its member states?

[Baroness Anelay of St Johns]

I agree entirely with the noble Baroness.

[Viscount Ridley (Con)]

Will my noble friend confirm that it is not a crime in this country to insult a foreign head of state, as it seems to be in Germany? Will she also restate in the most forthright terms the principle of untrammelled freedom of speech, along the lines usually attributed to Voltaire but actually coined by Beatrice Hall: that we may not like what you say, but we will defend to the death your right to say it?

[Baroness Anelay of St Johns]

My noble friend has raised a critical point: that whenever we have freedoms, we also have responsibilities. There is no law to prevent us saying things about foreign heads of state that they may find uncomfortable, but we do have laws to prevent incitement against individuals, groups and religions. That is the right approach.

[Lord Tomlinson (Lab)]

My Lords—

--- Later in debate ---

[Lord Pearson of Rannoch]

My Lords, does not this shameful story and its related prospect of 85 million Turks being free to enter the whole Schengen area show us yet again that the project of European integration has failed and should be abandoned? As I have asked the noble Baroness and others several times—and never had a satisfactory answer—what is now the point of the European Union?

[Baroness Anelay of St Johns]

My Lords, the point of the European Union is to give great strength to democracy, which is what it is doing, on a regional basis. The noble Lord refers to this as a shameful incident; there are many ways of describing it. I just point out, while not interfering with the German process, that when Jan Böhmermann started to read out the poem, he recognised that what would follow would be deliberately offensive and forbidden in Germany. When we do not like the law, let us change the law.

Syria: Aleppo

Baroness Anelay of St Johns Excerpts

Tuesday 3rd May 2016 Lords Chamber

[The Minister of State, Foreign and Commonwealth Office (Baroness Anelay of St Johns) (Con)]

My Lords, with the leave of the House, I shall repeat a Statement made a short while ago in another place by my honourable friend Tobias Ellwood.

“The Syrian conflict has entered its sixth year. As a result of Assad’s brutality and the terror of Daesh, half the population have been displaced and more than 13 million people are in need of humanitarian aid. The UN special envoy, Staffan de Mistura, estimates that as many as 400,000 people may have been killed as a direct result of the conflict.

Our long-term goal is for Syria to become a stable, peaceful state with an inclusive Government capable of protecting their people from Daesh and other extremists. Only when that happens can stability be returned to the region, which is necessary to stem the flow of people fleeing Syria and seeking refuge in Europe.

We have been working hard to find a political solution to the conflict. There have been three rounds of UN-facilitated peace negotiations in Geneva this year: in February, March and April. The latest round concluded on 27 April without significant progress on the vital issue of political transition. We have always been clear that negotiations will make progress only if the cessation of hostilities is respected, full humanitarian access is granted and both sides are prepared to discuss political transition.

The escalating violence over the last two weeks, especially around Aleppo, has been an appalling breach of the cessation of hostilities agreement. On 27 April, Al Quds Hospital in Aleppo city was bombed, killing civilians, including two doctors, and destroying vital equipment. More than a dozen hospitals in Aleppo city had already been closed because of air strikes, leaving only a few operating. The humanitarian situation there is desperate. According to human rights monitors, at least 253 civilians—including 49 children—have been killed in the city in the last fortnight alone.

At midnight on Friday, following international diplomatic efforts between the US and Russia, a renewed cessation came into effect in Latakia and eastern Ghouta in Damascus. We understand that this has reduced some of the violence in Latakia but remains shaky in eastern Ghouta. The situation in Aleppo remains very fluid. The Assad regime continues to threaten a major offensive on the city. There were some reports of a cessation of attacks overnight, but we have received reports indicating that violence has continued this morning. We need swift action to stop the fighting. My right honourable friend the Foreign Secretary is speaking to Secretary Kerry today to discuss how we can preserve the cessation.

We look to Russia, with its unique influence over the regime, to ensure that the cessation of hostilities does not break down. It has set itself up as the protector of the Assad regime and it must now put real pressure on it to end these attacks. This is crucial if peace negotiations are to be resumed in Geneva. Those negotiations must deliver a political transition away from Assad to a legitimate Government who can support the needs and aspirations of all Syrians and put an end to the suffering of the Syrian people.

We also need to inject further momentum into political talks. We therefore support the UN envoy’s call for a ministerial meeting of the International Syria Support Group to facilitate a return to a process leading to a political transition in Syria. We hope that this can take place in the coming weeks. The UK is working strenuously to make that happen and we will continue to do so”.

--- Later in debate ---

[Baroness Anelay of St Johns]

My Lords, I give full assurance that we see it as our duty and that of our allies to ensure that evidence is gathered to ensure that perpetrators of breaches of international law and international humanitarian law are held to account. The UK is doing that specifically through projects which we support where very brave people are collecting and preserving information, and I applaud their personal courage in so doing.

The noble Lord is right: it is critical that we ensure that we work with our allies across the International Syria Support Group and generally to recommit to the political process, to ensure that it is taken forward. In particular, he mentions work to persuade the opposition to the regime in Syria to recommit to that process. We shall continue to do that, but I note that it is very difficult for them to recommit to that political process while the Assad regime—and, it appears from reports, the Russians—are showing that they have no care for the process of cessation of hostilities in Aleppo. If reports are correct that Russia itself is involved in bombing hospitals, the noble Lord is right to say that in no circumstances is there justification for the bombing of civilians.

Finally, with regard to humanitarian access, we give our full support to regaining it. For example, the regime is blocking access to humanitarian aid even to places such as Darayya, a few kilometres from Damascus and the UN. Road access is easy there; the UN could make it happen; the regime stops it.

[Lord Campbell of Pittenweem (LD)]

My Lords, it is difficult to imagine the effect of the kind of barbarity that the noble Baroness just described on a civilian population. It must be recognised that John Kerry, the Secretary of State, has strained every sinew to try to reach, if not an amicable, at least a temporarily stable solution. Does not all this give the lie to any suggestion—which apparently continues to be Russian policy—that somehow Mr Assad could be part of any kind of continuing Government in Syria?

[Baroness Anelay of St Johns]

My Lords, the Russians clearly have some influence on Assad; I want them to use it in a way that can ensure that the Syrian people have the hope of having a transitional process to peace. Assad continues to attack the very people for whom he should have a care. It is the case that brutality occurs at every turn, every day. I met those doctors and nurses who are treating people in hospitals in Syria, who have come out of Assad’s detention centre, having suffered the most appalling and barbaric torture, and I recall their words. They trained to be doctors, but they are faced with seeing every day the horrific results of what Assad commits on his own people.

[Lord Howell of Guildford (Con)]

My Lords, in seeking to persuade the Russians to change their attitude, has anyone confronted the Russian Ministers with the bald fact that their actions and Russian airstrikes have slaughtered a paediatrician and children in a children’s hospital in the latest attack in Aleppo? Have those facts been put to them at the level of trying to make the Russian people and Government understand that they are tarnishing themselves by pursuing these actions? Could the Minister say anything about reports that President Bashar al-Assad is actually colluding with Daesh in various ways, over oil supplies and other arrangements, in attacking Aleppo with Russian support? Finally, could she convey somehow to the Russian people that they are a very great people—that they have understandable problems and have suffered greatly in the past—but that their leadership now is taking on powers such that many people are coming to question whether Russia is a serious contributor to the society of nations or whether the leadership has gone completely mad?

[Baroness Anelay of St Johns]

My Lords, I understand, with regard to presenting to Russia the facts of the impact of its support and direct action in Syria, that that information has been transmitted. Staffan de Mistura is travelling, or has travelled today, to Russia to speak to Foreign Minister Lavrov, and I have no doubt that he will lay out those facts. We are concerned by patterns of co-ordination between the Syrian regime, Russian air forces, and indeed by some of the Syrian Kurdish forces, in their direct conflicts with elements of the moderate armed opposition. My noble friend is right to raise those concerns. It is important that the regime and Russia recognise that, in playing a part on the international stage to bring peace to Syria, it does not then kill the peace off at the start.

[Lord Alton of Liverpool (CB)]

My Lords, has the Minister had the chance to consider not just the appalling and shocking attacks on the hospitals and the killing of the last paediatrician in Aleppo but the specific targeting and revenge attacks on minority communities in Aleppo—particularly the attack on 26 April, which I mentioned in a Parliamentary Question that I tabled to her last week, where again several children were killed in an attack on the Syrian Christian quarter there? Has she had a chance to consider also the resolution of the Australian House of Representatives at the end of last week, joining the American House of Representatives, the British House of Commons, the European Parliament and the Parliamentary Assembly of the Council of Europe, in declaring these events to be a genocide, joining her ministerial colleague, Tobias Ellwood, who has said precisely the same thing? Would she consider arranging a meeting with the Foreign Secretary, Members of your Lordships’ House and Members in another place, who would like to see the judicial review of these events brought right up the agenda in the way that the noble Lord, Lord Collins, indicated in his intervention, so that those responsible for these events will be brought to justice?

[Baroness Anelay of St Johns]

My Lords, wanting to bring people to justice is, of course, a long-term commitment, not achieved by short-term statements. It is important that the noble Lord has raised today the issue of the targeting of groups within Syria and, particularly, Aleppo. I have looked at that. Indeed, in the past I have discussed with groups collecting information about the atrocities exactly what it means to individuals who are under attack—particularly the White Helmets, who make such a valuable effort in retrieving people from the rubble and who, while they do so, find themselves barrel bombed by Assad for trying to save lives.

This Government share the House of Commons’ condemnation of Daesh atrocities against minorities and the majority Muslim population in Iraq and Syria. That is why we mandated the UN Human Rights Council to investigate Daesh in 2014, and why we are doing everything we can to gather evidence for use by judicial bodies.

The noble Lord referred to the personal view put forward by my honourable friend Tobias Ellwood. Some people are announcing that there has been genocide but, while the Government agree that there may be a strong case, our view remains that the courts are best placed to judge criminal matters. That is why we are committed to working with our partners in the international community to gather that evidence in order to get that judicial decision as a possibility—to provide an opportunity for the judiciary to make the decision that is rightfully theirs to make.

Syria and Iraq: Genocide

Baroness Anelay of St Johns Excerpts

Thursday 21st April 2016 Lords Chamber

[Lord Alton of Liverpool]

To ask Her Majesty’s Government how they intend to respond to yesterday’s unanimous vote in the House of Commons declaring a genocide against minorities in Syria and Iraq and instructing the Government to refer this to the Security Council.

[The Minister of State, Foreign and Commonwealth Office (Baroness Anelay of St Johns) (Con)]

My Lords, this Government share the House of Commons condemnation of Daesh atrocities against minorities, and the majority Muslim population of Iraq and Syria. That is why we mandated the UN Human Rights Council to investigate Daesh’s crimes in 2014, why we will do everything we can to gather evidence for use by judicial bodies, and why this Government have a comprehensive strategy to defeat Daesh and free people from its barbaric rule.

[Lord Alton of Liverpool (CB)]

My Lords, I thank the Minister for that reply. Has she had a chance to read the Hansard of yesterday’s debate, in particular the reference made by many Members to the disturbing evidence given here to Members of your Lordships’ House and another place by a 16 year-old Yazidi girl, Ekhlas, and accounts of crucifixions, beheadings, systematic rape and mass graves? Has she seen the admission of her ministerial colleague, Tobias Ellwood, that a genocide is under way? Given the unanimous vote of 278 votes to zero, following similar declarations in the United States House of Representatives, the European Parliament and the Parliamentary Assembly of the Council of Europe, would it not almost be contempt of Parliament for the Government simply to say that this is non-binding and that they have no intention of following the will of Parliament in taking this matter to the Security Council, so that those responsible for these horrendous crimes will one day meet their Nuremberg moment and be held accountable for them?

[Baroness Anelay of St Johns]

My Lords, I bear in mind victims of Daesh whom I have personally met, both here and in Iraq. I am not therefore going to get involved in what may or may not be procedural niceties. It is clearly a matter for judicial authorities to determine whether a genocide has taken place. The noble Lord referred to a comment by my honourable friend in another place yesterday, when he expressed his personal view, which he has expressed before, when he said:

“I believe that genocide has taken place”.

He added that,

“as the Prime Minister has said”—

and I am aware that the Prime Minister has written to the noble Lord, Lord Alton, on this—

“genocide is a matter of legal rather than political opinion. We as the Government are not the prosecutor, the judge or the jury”.—[Official Report, Commons, 20/4/16; col. 995.]

We may not be all those things, but I say to Daesh and to the perpetrators that we have a long memory; we have allies, and we are working with the Government of Iraq. We will not forget the perpetrators, and they will pay the price.

[Lord Collins of Highbury (Lab)]

My Lords, the government Ministers abstained yesterday. Of course, the House of Commons spoke with a clear and unanimous voice yesterday, and there is no doubt that Daesh is killing people because they belong to ethnic, racial or religious groups. What it is doing has all the hallmarks of genocide, as well as crimes against humanity and war crimes. The Government have moved on since the Minister spoke to this House in December, and Tobias Ellwood yesterday repeated what he said earlier in the month that we are helping to gather evidence that could be used to hold Daesh to account appropriately. He said, ultimately—and I repeat what the Minister said—that,

“it is not for Governments to be the prosecutor, judge or jury”.—[Official Report, Commons, 20/4/16; col. 996.]

However, can the Minister tell us what progress the Government are making in gathering evidence, and when they intend to take that evidence to the Security Council so that the matter can be referred to the courts?

[Baroness Anelay of St Johns]

My Lords, I shall address the last part of the noble Lord’s question first, because it covers something that the noble Lord, Lord Alton, properly raised—the Security Council, which was the nub of the resolution passed yesterday in another place. As I said earlier, we have tried to take this matter forward. We were very successful in achieving a resolution about investigations, but not further than that. Further discussions are taking place across the board. Clearly, all right-minded people are trying to find a resolution to this. The collection of information and evidence has to be robustly done. We are making some progress with that simply because of the bravery of organisations which we, alongside other members of the United Nations, help to fund. Yesterday in this House, I launched the Kurdish-language version of the international protocol on the collection and documentation of evidence, which already exists in Arabic. We are making progress, but only because of great risks taken by people who, having collected robust evidence, have to smuggle it out. They are brave indeed.

[Lord Howell of Guildford (Con)]

My Lords, we all appreciate that, technically, the final decision on the genocide label will be taken at the United Nations, but we all surely also recognise that, regardless of various investigations, Daesh is a movement of undiluted evil that has complete contempt for human life and justice and has committed the most appalling atrocities. On the basis of that and of the unanimous view of the other place yesterday, can we be assured that Her Majesty’s Government will at least take the case for the label of genocide to the United Nations, even though we will not be the final body deciding and others will have to join us in doing that?

[Baroness Anelay of St Johns]

My Lords, as I have made clear, it is not for politicians to determine whether something is genocide; it is a legal decision. In January, I visited the ICC to discuss these matters, and I have discussed them with the International Criminal Court on previous occasions. I also held round-table discussions with academics and lawyers—they are not mutually exclusive, I know—on these matters. It is important that we make progress on reaching a position where it is possible for the ICC to determine whether it will proceed. In the mean time, there are further discussions going ahead around the international community, and all right-minded people want to be sure that we defeat Daesh.

[Lord Pannick (CB)]

My Lords, the Minister said this is not a matter for politicians. Is she aware of Article VIII of the convention on genocide, which says:

“Any Contracting Party may call upon the competent organs of the United Nations to take such action under the Charter of the United Nations as they consider appropriate for the prevention and suppression of acts of genocide”?

Why will the Government not do that?

[Baroness Anelay of St Johns]

Because, my Lords, it is the Government’s view that, in order to hold out hope to people who have suffered from the violence of Daesh, one has to be reasonably sure of achieving agreement within the United Nations. We are not confident that that agreement currently exists. That is why we want to make progress with discussions. A lot of work is going on with regard to this. The noble Lord will be more aware than others that genocide, which has a very high threshold, is not the only determination available. There is also crimes against humanity. Let us consider how we get the perpetrators and work together on that.

[Baroness Smith of Newnham (LD)]

My Lords, the Minister suggested that it is not for politicians to make a decision on genocide. As we have heard, there are cases under the treaty where it could be brought. We are not to be judge and jury, but surely political leadership means that we should raise it. It is not good enough simply to say that this should be left to the judge and jury. Does the Minister agree that Her Majesty’s Government should raise this at the UN, reflecting the views of your Lordships’ House during the Immigration Bill and those of the other place?

[Baroness Anelay of St Johns]

My Lords, as I have made clear, if one wants to persuade the United Nations to pass a resolution on something such as this that means so much to every victim, one should be assured in advance of being able to secure the result that one needs, and that would be for the prevention of genocide. Ultimately, whatever the United Nations determined, it would be for a court to decide whether a genocide had taken place. What has taken place is barbaric action by Daesh, and we need to work together to stop it.

Companies: Overseas Territories Registration

Baroness Anelay of St Johns Excerpts

Wednesday 20th April 2016 Lords Chamber

[Lord Wallace of Saltaire]

To ask Her Majesty’s Government what further discussions they have had with Overseas Territories since last year’s Overseas Territories Joint Ministerial Council about moves towards greater transparency of beneficial ownership for companies registered within their jurisdiction, in the light of the United Kingdom’s chairmanship of the International Anticorruption Summit in May 2016.

[The Minister of State, Foreign and Commonwealth Office (Baroness Anelay of St Johns) (Con)]

My Lords, the Government have had extensive technical discussions with overseas territory leaders and officials to help them develop a timely, safe and secure process of exchange of company beneficial ownership information for law enforcement purposes. My right honourable friend the Prime Minister informed the other place on 11 April that we had reached agreement to provide UK law enforcement agencies and tax authorities with full access to company beneficial ownership information held in the territories.

[Lord Wallace of Saltaire (LD)]

No doubt the Minister will recall that in 2013 the Prime Minister called for public registers of beneficial ownership from our overseas territories. Can she explain to us what British sovereignty means in relation to the overseas territories, which benefit from being under British law and protection, when they have refused to accept the Prime Minister’s proposal and we are told that some actually refused to meet Treasury Ministers last December when they were over here for the overseas territories conference? Does the Minister recognise that this is a question not just of tax but of money laundering? Substantial properties in the UK, including in London, are owned through shell companies by dubious men and dubious countries that have earned their money by dubious means.

[Baroness Anelay of St Johns]

My Lords, this Government are leading the way in ensuring that there is transparency in tax matters internationally. We often find ourselves leading but not necessarily having the support of all those around the world. The overseas territories are indeed separate jurisdictions with their own democratically elected Governments, under which they are responsible for financial matters. We have worked in partnership with them on this matter and have made great progress on having central registers of beneficial ownership. When my right honourable friend the Chancellor of the Exchequer met the G5 in the United States last week, he made it clear that further reforms can be made in the future. So this is a work in progress for everybody, but let us recognise the great strides already made by the overseas territories.

[Lord Rooker (Lab)]

My Lords—

--- Later in debate ---

[Lord Rooker]

I am grateful. The Prime Minister deserves substantial credit for the actions taken so far, but why are only UK law enforcement authorities involved in this? What is the problem with our partners? Some weeks ago I went on the first kleptocracy tour in London to view the properties bought with laundered stolen money through our overseas territories. Our partners in the EU have as much of an interest in finding out who the beneficial owners are as we have, so why is access to this information restricted to UK law enforcement authorities? Gibraltar and Montserrat are opening up their registers to the rest of the EU, so why can we not go a bit further than that? Even if we cannot allow journalists and other interested bodies access to this information, surely the law enforcement authorities of other, friendly partner countries should have access to those registers.

[Baroness Anelay of St Johns]

My Lords, clearly, there is progress to be made on that very point. My right honourable friend the Chancellor of the Exchequer wrote to the G20 members last week with regard to the G5 initiative on the automatic exchange of beneficial ownership information, exactly in line with what the noble Lord proposes. The initiative is still very new, but we are going to start discussion with the overseas territories and Crown dependencies shortly and I hope that our EU partners will take note.

[Lord Naseby]

Since it is an international conference and we are in the chair, will the UK Government be pressing the US to explain and to rectify the situation where the states of Delaware, Nevada and Wyoming allow no transparency of information on any subject, to the detriment of our overseas territories? Undoubtedly, if that continues, we will see a loss of business from our overseas territories to those three US states.

[Baroness Anelay of St Johns]

My Lords, we will be pressing all those who attend the conference to pursue greater transparency. We have made it clear that the global gold standard ought to be public, central registers of beneficial ownership. We will say that to our great friends and to those who are not perhaps such close friends but will be there and will, I hope, be our close friends by the end.

[Baroness Lane-Fox of Soho (CB)]

I declare an interest as a non-exec of the Open Data Institute. Is the Minister aware of the work of the Open Data Institute and many of the interesting not-for-profit start-ups working in the open data space specifically on this issue? I point to one, as an example: OpenCorporates. I urge the Minister to keep using open data as one of the major levers in this transparency piece.

[Baroness Anelay of St Johns]

I agree entirely with the view that the noble Baroness expressed.

[The Lord Bishop of Peterborough]

My Lords, while I acknowledge the good work done by the Government recently on this, does the Minister agree that public transparency is important not only in the fight against corruption but as a very significant moral issue? Does she agree that it is the duty of all Governments, including those of overseas territories, to work towards public transparency?

[Baroness Anelay of St Johns]

The right reverend Prelate is right: it is a moral matter. A very wide debate should be held on whether or not there is transparency only in cases where there is a revelation that might assist with prosecutions, either in the civil courts or criminal courts, on matters such as evasion or aggressive tax avoidance. That is a wider issue, but the right reverend Prelate is right to say that it is one that we ought to be pursuing.

[Lord Davies of Oldham (Lab)]

We certainly congratulate the Government on the progress made thus far, but does the Minister accept that unless company ownership is made public and accessible there is no way in which our Government will be able to monitor compliance? It is quite clear that our overseas territories are the primary base for a very great deal of corruption and money laundering, and it is quite clear that we need to act.

[Baroness Anelay of St Johns]

My Lords, I have to take the noble Lord a little to task here. It is the case that where there is a central register of beneficial ownership, the National Crime Agency and the tax authorities—which are of course operations of this Government—are able to gain access to the very information that the noble Lord specified. I gently remind him that in taking a lead on these matters since 2010, in the coalition Government and now, we have done more than the Labour Government even attempted to do in 13 years.

[Lord Howell of Guildford (Con)]

My Lords—