Mr Jagtar Singh Johal

Baroness Northover Excerpts

Tuesday 12th September 2023 Lords Chamber

[Lord Ahmad of Wimbledon (Con)]

As I said in my Answer, we raised the specifics of the allegations that Mr Johal’s family have raised with us directly. We engage with Mr Johal directly through our consular support. We do not believe that publicly asking for his release would be productive or constructive. There is a natural process and a legal process to be followed in India. However, we are raising allegations of mistreatment when they are made. We are also working on ensuring that the family can directly access Mr Johal. Indeed, I visited Scotland only last month, where I met directly with Mr Johal’s father, his wife and his brother.

[Baroness Northover (LD)]

My Lords, following on from that point, we have been here before with the cases in Iran and the Foreign Affairs Committee in the Commons emphasising that the Government needed to have a zero-tolerance approach to the arbitrary detention of British citizens. Do the Government agree and acknowledge that Mr Johal is arbitrarily detained? I think that previous Prime Ministers did. Is that still the case, as not just Mr Johal’s family but the UN working group has declared him to be? How can Mr Johal expect a fair trial, as the noble Lord has sort of indicated, after a confession was extracted from him by torture?

[Lord Ahmad of Wimbledon (Con)]

My Lords, I did not sort of indicate; I was quite specific: a fair trial is required. It is protected by the constitution of India and the independence of its judicial system. The noble Baroness is quite right that the UN Working Group on Arbitrary Detention has issued a specific opinion about Mr Johal. We take that very seriously and have consistently raised those direct concerns about Mr Johal’s treatment with the Indian authorities. However, as the noble Baroness will know from her own experience, it is now for India to reply formally to that particular opinion.

Iran

Baroness Northover Excerpts

Thursday 6th July 2023 Lords Chamber

[Lord Collins of Highbury (Lab)]

My Lords, I thank the Minister for repeating the Foreign Secretary’s Statement. The recent actions of the Government of Iran since the protests began are another signal that they are acting outside the rules-based order that the international system relies on. As I warned during previous debates in recent years, in response to the detention of prisoners, the attacks on merchant vessels and the flagrant human rights violations, we must show that these actions have consequences. However, we also have a responsibility to protect the United Kingdom and British nationals, and to respond to the continuing threats of violence by the Iranian regime. I therefore begin by asking the Minister to briefly comment on how the FCDO is working with the Home Office, and whether he has considered proposals for a state threats cell to co-ordinate the response. We have just been talking about the actions of the Chinese Government and the Chinese Communist Party, and it would be good to have a clearer response in relation to the Iranian regime.

Unfortunately, these threats are not confined to the United Kingdom; as the Minister points out, the threats we face are being replicated against nationals of our allies, in Europe and across the world. Having assumed the presidency of the UN Security Council, the UK is in a unique position to co-ordinate the response to the behaviour of this rogue Government, and I urge the Minister to see that as a responsibility, not just an opportunity. So although I welcome the commitment to work with the US, Australia, New Zealand, Canada and the EU, I begin by asking how the United Kingdom will broaden our response to include other international counterparts.

I turn to the Minister’s main announcement, the new sanctions regime. He will know that I have previously welcomed the designations of more than 350 individuals and organisations, and I very much welcome today’s announcement of the new designations, as well as the new regime. However, I hope the Minister can clarify just how it will operate.

First, will he comment on what form the legislation will take? Will we have primary or secondary legislation, and how quickly can we expect it to be implemented? I noted that he said it will be brought forward later in the year. Will it be in the current or the next Parliament? Speed is absolutely of the essence, because we are responding to events that happen very quickly. Secondly, given that the Minister refers to the new regime as autonomous, does he remain committed to the principle —I know that he does—that these sanctions are effective only if they are implemented in conjunction with the action of our allies? How can we ensure that this is embedded in the statutory framework and how will we ensure a co-ordinated response? Finally, I know the Minister agrees that this must be a constantly evolving document to respond to the nature of the threat, and I know he is committed to engaging with Parliament and civil society organisations to extend designations when possible. Sanctions are one of the most effective tools at our disposal but, where necessary, we must be prepared to pair them with other action.

The Minister specifically referred to the sanctioning of the Islamic Revolutionary Guard Corps. I turn to the issue—I know he will expect this question—of updating us on the proscription of the IRGC, as a terrorist organisation, and whether the Government are still working on a legislative solution to this. I heard the Foreign Secretary in the other place this afternoon suggest that we should not worry about proscription because many of the actions covered by such a measure are included in the sanctions regime. But if our allies are proscribing the IRGC, why are we not doing so? Why are we not working in concert? I know that there are similar actions, but I think it is important that we act in complete solidarity with our allies in addressing these concerns.

I end by returning to how the UK has a responsibility and an opportunity to take a leading role on Iran at the UN. While our first duty will always be our national security, we must also stand by the people of Iran who have faced a brutal crackdown since September. I repeat the call of my right honourable friend the shadow Foreign Secretary for the UK to ask the UN Human Rights Council to investigate urgently Iran’s crackdown on protesters. I ask the Minister also to update the House on the UK’s contribution at the UN in monitoring Iran’s nuclear programme and the implementation of UN Security Council Resolution 2231, in order to hold the Iranian regime to account.

[Baroness Northover (LD)]

My Lords, I too thank the Minister for repeating the Statement and, from these Benches, we welcome it; there is clearly cross-party agreement on this, as the noble Lord, Lord Collins, made clear.

As the Foreign Secretary said in the other place today, our quarrel is not with the Iranian people but with their present leadership and the revolutionary guard, which has carried out so many major human rights abuses. It is appalling to see the increased oppression that has occurred over recent times, especially of women. Those who are standing up for rights and freedoms in Iran are exceptionally brave, and many have suffered unbearable consequences. Clearly, the Iranian regime is, as we have heard, reaching out beyond its territories in the attempt to stifle dissent. It is chilling to hear that, since the start of 2022, there have been more than 15 credible threats to kill or kidnap British or UK-based individuals by the Iranian regime.

Iran is not the only regime to seek to do so, as we know, but I have a number of questions to raise. Can the Minister spell out the extent to which we are moving in lockstep with the EU and other partners? I would expect nothing less from him. The Minister always and rightly makes clear that sanctions are most effective when they are implemented jointly with others. Can he spell out more details, and are there areas of difference? The Government are putting in place a further sanctions regime and not proscribing the revolutionary guard, as the noble Lord, Lord Collins, has just pointed out. Is this because that could limit any engagement with it? We agree, after all, that it is the driving force in Iran, in particular in relation to the crackdown on human rights.

As the noble Lord, Lord Collins, did, I ask about the JCPOA. The UK and the EU rightly and hugely regretted the decision by President Trump to pull out of the JCPOA on the grounds that the good was not the best, opting as a result for the worst. What progress are we making to restore some effective control over Iran’s nuclear ambitions? Predictably, by pulling out, Iran took that as an opportunity to develop its programme further.

Like the noble Lord, Lord Collins, I would like to ask about others who are oppressed as a result of Iran’s actions, and I would like to ask about the dual nationals in particular. I expect the Minister will have heard Richard Ratcliffe, who battled so long and hard, and eventually successfully, for Nazanin’s release. Of course, many of us here raised her case. Richard has said that the Government have not put the cases of the dual nationals high enough in their list of priorities. It is therefore very concerning to hear the Foreign Secretary in the other place—and I also heard him this afternoon—say that his last contact in this regard with relevant Iranian Ministers or others was in 2021. That hardly shows that these cases are a high priority for the Government.

The Foreign Secretary did mention that the Minister has been in more recent contact, so could he please update us? And could he please update us particularly in relation to Morad Tahbaz, who it was assumed would be released much earlier with the other dual nationals and whose health is now very poor?

We know about the extreme pressure on the BBC’s Persian service, and the Statement mentions press freedom. What can the Minister tell us about how the BBC’s Persian service can best be supported and defended? It is not enough simply to urge the BBC to continue, which is what the Foreign Secretary seemed to indicate this afternoon. What assistance can the Government give?

The Minister will know that, in recent times, there was the surprising slight rapprochement between Iran and Saudi Arabia brought about by Chinese diplomatic intervention. The hope has been that this will help bring forward a reduction of conflict in, for example, Yemen. But what effect does the Minister see in terms of the position of the Iranian Government more generally as a result of this? In the Statement, the Government seem not to be optimistic, since the new sanctions will be addressing Iranian efforts to undermine peace, stability and security in the region and internationally. We know that Iran is supplying drones to Russia and possibly also to regimes in various African countries. Again, the new sanctions regime, generally speaking, addresses this.

We know of rumours of oil going out via various routes, despite sanctions. The Minister will be aware, I am sure, of Iranian actions that have interrupted commercial traffic, including tankers in the Gulf. What action are the Government taking with international partners on this? The United States has said that its navy intervened to prevent Iran seizing two commercial tankers in the Gulf of Oman on Wednesday. This matters, because about a fifth of the world’s supply of seaborne crude oil and oil products passes through the Strait of Hormuz.

The Minister will be acutely aware of the tinderbox that is this region and the actions of the various players within it. The Iranian people have shown great courage in seeking to stand up to the human rights abuses from which they are suffering. It had been hoped that the JCPOA would pave the way for better relations with Iran, for mutual benefit, yet even this is fast reaching a crisis point. At this key time, I look forward to the Minister’s response.

[Lord Ahmad of Wimbledon (Con)]

My Lords, first, I thank the noble Lord, Lord Collins, and the noble Baroness, Lady Northover, for their support for the actions that the Government have taken. Both raised the issue, understandably, of the IRGC proscription. As both noble Lords will know, we have sanctioned the IRGC in its entirety. The separate list of terrorist organisation proscriptions is kept under review. I cannot comment further than this. What I can say to the noble Lord, Lord Collins, directly, though, is that of course we co-ordinate with our key allies on the actions we are taking. Indeed, on the actions we have taken today, we have worked very closely with our key colleagues across the European Union and the US. Recently, we shared in advance the actions we would be taking.

The issue of state threats is quite specific. It has ratcheted up the challenge that we face. Also, as the noble Baroness, Lady Northover, said, on the direct security threat, we have witnessed for a long time the destabilising efforts of Iran within the region. However, this is not just about Iran. We have seen the suppression of its own population, which the noble Baroness referred to. We have seen the suppression and continuing instability through proxies, particularly in the Yemen conflict, which I will come on to in a moment. We have also seen further action on non-compliance on the JCPOA, which the noble Baroness mentioned. We have kept it on the table. I appreciate and thank the noble Baroness for recognising, even when the previous US Administration pulled back, that we kept it on the table. This is still the live agreement. It has been there for the Iranians to sign since autumn 2022. It is not perfect, as we all know. It does not cover everything—for example, ballistic missiles—but it is there.

Linked to that, we have been engaging with key European partners, the US and key regional partners on the importance of Iran returning to some semblance of ensuring compliance with this important issue in fulfilment of the key objective that Iran does not proceed to an enrichment which allows it to produce nuclear weapons. That must remain a fundamental priority for all of us.

The noble Lord, Lord Collins, raised the issue of the legislation and whether we will bring this forward at the earliest opportunity. He is right, of course, that we must do this as soon as possible. We have certainly been the leaders on this in terms of country designation, which the noble Baroness, Lady Northover, asked about. Sharing what we are doing with our key allies ensures co-ordination. The instruments that we will use will be secondary legislation. Statutory instruments will be introduced in this respect. I will keep both Front Benches informed—not just in the Chamber—of progress in this regard.

I take on board the importance of a state threat cell, which the noble Lord, Lord Collins, talked about. We work very closely with the Home Office in co-ordinating our work with it and with other key departments. That continues to be the case. There are different committee structures already set up and the concept which the noble Lord proposes is already ingrained and embellished in some of the work that we are doing. I assure noble Lords that we do talk to each other across government departments.

On the issue of the UN, I have just checked with the Box. Our United Kingdom ambassador to the UN is currently live, talking about Resolution 2231 and on the broader debate on the role of Iran. It qualifies what the noble Baroness said about the ongoing and growing instability caused through the use of drones in Russia’s war on Ukraine. We are taking leadership on that as presidents of the UN Security Council. I am sure that noble Lords noticed that this was debated yesterday at the Human Rights Council. I issued a statement thereafter about the appalling and abhorrent practice that Iran has undertaken in terms of executions of its own people and the continuing suppression. We have called that out with about 56 countries that supported the statement in that respect. These actions are co-ordinated. In answer to the noble Lord, Lord Collins, in this respect we will continue to work as we have done.

On the issue of dual nationals and access, I am engaging directly but also, if the noble Baroness will excuse me, at times quite discreetly on these important issues with key allies. She will be reassured to know that I take this as a personal priority on my patch. Yes, I did hear the brave and courageous Richard Ratcliffe. I gave evidence to that inquiry on detainees—or hostage taking, as it was termed by the Foreign Affairs Committee. It must be a priority of any Minister and any Government to ensure that we are fully aware of and engaged with the families supporting them. I have recently engaged with them, including those in the case of Mr Tahbaz. I continue to engage frequently with his key family members. This morning, in another part of the world, I spoke with the mother of Mr Alaa el-Fattah, from Egypt. It is important that these meetings are held at ministerial level, to show that there is direct access. It not only supports the families but sends a very strong message to the Governments, some of whom are our partners and others who we have a direct challenge with, that this is not just about a family being on their own.

We will of course take very seriously the findings of the Foreign Affairs Committee review on this. I will never say we are doing the perfect job, and there are always things we can do. Finally, as I said right at the start, I will continue to update noble Lords—the Front Benches in particular—on further steps we may be taking.

Russia (Sanctions) (EU Exit) (Amendment) Regulations 2023

Baroness Northover Excerpts

Tuesday 16th May 2023 Grand Committee

[Baroness Northover (LD)]

My Lords, I thank the Minister for introducing these regulations. As was reiterated again yesterday at Oral Questions, and as the Minister has acknowledged, there is support across the House for the Government’s stance in opposing the Russian invasion of Ukraine and recognising the threat not only to Ukraine but to the whole of Europe. We have supported sanctions on those individuals who have clearly gained by their support of President Putin and are complicit in the actions that he has taken. We have seen, too, how President Putin has used global trade to put pressure on countries that oppose him and to seek to deter other countries from opposing him. Energy prices, food crises and so on all hurt the poorest most, and Putin knows that. The sanctions we are considering today seek to put pressure on Putin’s military resources as well as the Russian economy. The Government argue that this is

“the largest and most severe package of economic sanctions that Russia has ever faced”.

Can the Minister give us a breakdown of the pre- and post-invasion proportion of trade affected by these sanctions?

The Government also say:

“As with all our sanctions, the latest package has been developed in co-ordination with our international partners”.—[Official Report, Commons, Delegated Legislation Committee, 15/7/23; cols. 1-4.]


We agree—we have discussed it many times—that sanctions are most effective when they are brought in by a number of countries, particularly the economic might of the EU and the United States. Can the Minister tell us whether we are completely in lockstep over these or whether there are any variations and, if so, in what areas?

The Delegated Powers Committee wonders why these measures were not brought in before, stating:

“We were particularly perturbed to read in the Explanatory Memorandum that UK goods are still being used by Russia on the battlefield. This prompted us to question how effective the 17 sanctions instruments we have already seen have been”.


It also asked why any trade is still being permitted and speculated that goods found on the battlefield may have been supplied by third countries. I have seen the FCDO response to these questions and concerns, but will the Minister put it on record? Perhaps he could add details of what types of products have been circumventing the sanctions that were already in place and how this was happening.

The committee also asked why the restrictions on iron and steel do not come in until September 2023. The FCDO noted that UK businesses in the sector needed time to prepare for such a ban, and that this aligned with the EU. Why was it concluded that this sector needed time to prepare while others were judged not to need it? How will these sanctions be monitored and enforced, and what happens with contracts already agreed or in the pipeline? I also note that the regulations bring in scope providing financial services to source these materials or brokering them. Are law firms also included? What assessment has been made of the effect on global supply chains of, for example, the inclusion of fertilisers? Are the EU and US also involved in this? Given the effect on developing countries of lack of fertilisers, might this depress prices and increase supplies to them, or will it have a negative effect as the West seeks other sources of supply? Have we looked at the indirect impacts and how these might be mitigated?

I am concerned about the Minister’s second announcement on large bank balances held in the UK. I hear what he says, but this seems like a potential loophole. I look forward to hearing his reply, and meanwhile I welcome in general these sanctions and certainly their intent.

[Lord Collins of Highbury (Lab)]

My Lords, I know the Minister is fully aware of His Majesty’s Official Opposition’s position in fully supporting the Government in the action they are taking to back Ukraine in its defence against Russian aggression, including providing military, economic and diplomatic support. We fully recognise that this is a fight to maintain the international rules-based order, and such aggression cannot and should not be tolerated. As my noble friend Lord Coaker said yesterday, is not one of the greatest misjudgments that Putin made that Europe would not stand together shoulder to shoulder with Ukraine and would not support Ukraine against his illegal attack, and, even if we did, that support would be limited and short-term? It is therefore extremely welcome to see the solidarity across Europe that President Zelensky received, particularly this weekend in Italy and France. It was especially good to see the German Defence Minister commit to and promise an additional €2.7 million in military aid.

Turning to the regulations, I wish to raise the issue of £50,000 cap, which was a government commitment. I have just been looking at Hansard for yesterday’s debate in the Commons. My honourable friend Catherine West interjected to ask whether there would be an opportunity for the decision not to proceed with this to be properly debated. According to the Minister and the Chair, it was agreed that there would be an opportunity to debate that. I just want to place on record the Opposition’s view that there should be measures such as the cap. If there is a decision not to proceed, what alternative measures are we taking to restrict the flow of finance, particularly when it is so easy to circumvent the £50,000 cap with the use of family members and others? There may be good reasons for not proceeding, but there should be a full debate.

As the noble Baroness, Lady Northover, said, the regulations come into force on 21 April and on 30 September for the iron and steel bans. The Minister mentioned that 30 September was to coincide with the EU equivalent ban, but why is there that time lag? There have been plenty of occasions when we have moved faster on certain sanction measures. It is very important that we act in concert, but we have understood why other countries may move faster than us and so on. We need a better explanation of why all the measures cannot be introduced straightaway.

In his introduction, the Minister mentioned the nature of certain items in these regulations. He particularly identified items found on the battlefield in Ukraine, such as electronic equipment, vehicles, 3D-printing machinery and biotechnology. Given that the sanctions seem to cover mostly electronic items found on the battlefield, has the department or the appropriate authorities in it explored ways to restrict the use of relevant firmware in the area—for example, by blocking the digital export of the firmware necessary for running 3D-printing machines? It would be good to hear how we may be working with our allies to look at ways of dealing with that. Of course, many of the items listed are quite small and easily hidden. What sort of advice and support would be given to the appropriate officials to ensure that they can be properly identified to prevent them reaching Russia?

I turn to the 190 goods, including iron and steel products processed in third countries. I welcome the extremely helpful briefing that I received from the department. It states that they are largely in line with the action taken by our European and US partners. What does “largely” mean? What are the differences? Where have we not been able to replicate fully the measures of our allies, particularly all our NATO allies?

The provision of services was a key part of trade before the Russian invasion. The December 2022 regulations banned the export of advertising, architectural, auditing, engineering, IT consultancy and design services to Russia. That is quite a comprehensive list of banned services. What assessment has been made on the extent of that service ban and its impact? I understand from the briefing that the department may be looking at the provision of legal services and how they may be brought into the scope of those sanctions. Can the Minister give us an update on them?

The briefing also touches on the exceptions for goods that are essential for humanitarian assistance activity. I fully support the need for that, but how are we actively monitoring those exceptions, and how can we be confident that the goods are going for the purpose intended? Obviously, pharmaceuticals and pharma products are important for humanitarian purposes, but they can be used in other ways.

The G7 summit is coming up later this month, and the briefing covers how it will be an opportunity to collaborate with all our allies to increase economic pressure. Will the Minister tell us how we are working towards a much more comprehensive agenda at that meeting?

It is one thing having regulations and laws on sanctions, but another is how we ensure compliance. That is a major issue. I hope that the Minister can tell us how Whitehall departments are working together to ensure compliance. I was thinking about the iron and steel trade and the reasons for the delay in implementation. Has the department looked at how we can incentivise faster implementation of sanctions, not simply giving time for firms to adjust, but considering other options to ensure speedy implementation?

What steps are we taking to raise awareness of the sanctions that we are imposing, so that they become an effective deterrent to those who may be tempted to circumvent them? Whenever sanctions are introduced, people look at every possible way to avoid and circumvent them, particularly with flows going into other countries.

What capacity do we have across Whitehall departments to ensure compliance and to police these sanctions? It would be good to know whether there has been an increase in the relevant staff. There have been stories in the media recently about countries— I mention Cyprus in particular—that have brought in sanctions but then ignore violations for one reason or another; it could be a capacity issue. I hope the Minister can give us an update on those issues and on how we provide support to ensure that our allies fully implement these sanctions.

Ukraine Recovery Conference

Baroness Northover Excerpts

Monday 15th May 2023 Lords Chamber

[Lord Ahmad of Wimbledon (Con)]

My Lords, I have already alluded to the importance of accountability. The noble Lord will have seen the co-operation that we have had on the issue of justice for those who are ultimately accountable, and the strong relationship that we have with the International Criminal Court. All this underlines our primary view—in common with our partners—that Russia is ultimately accountable. On the specific issue raised by the noble Lord, and the noble Lord, Lord Anderson, we are of course in discussion with our partners to ensure that those to be held accountable are fully versed with the fact that they will be held accountable for the recovery. Notwithstanding that, I am sure the noble Lord will agree with me that it is important that we also undertake initiatives such as the recovery conference to ensure that the private sector is ready now to meet our obligations in addressing the needs of the whole of Ukraine.

[Baroness Northover (LD)]

My Lords—

[Lord Soames of Fletching (Con)]

My Lords—

--- Later in debate ---

[Baroness Williams of Trafford (Con)]

My Lords, it is the turn of the Liberal Democrat Benches and then we will hear from my noble friend.

[Baroness Northover (LD)]

I thank the noble Baroness. Reconstruction in Ukraine, which counts as ODA, will clearly be vital, but is the Minister aware of current estimates that, in 2022, almost 30% of the UK’s aid budget was used to support Ukrainian refugees? Given the pressures of conflict, climate change, food crises and migration, will our aid budget increase, or will the Government—as the Australians do—count support for Ukraine as outside the aid budget?

[Lord Ahmad of Wimbledon (Con)]

My Lords, we stand very clearly in support of meeting whatever requirements Ukraine has; that guarantee has been given by successive Prime Ministers, including my right honourable friend Boris Johnson. The current Prime Minister has reiterated it in his meetings with President Zelensky. The Ukraine conference is ultimately about supporting reconstruction efforts but it will include our humanitarian efforts. I hear what the noble Baroness says on the importance of the use of ODA and financing. While I cannot speculate on what might happen in the future, we are very clear that we stand ready to support the humanitarian needs and requirements of Ukraine fully as well.

Foreign Policy

Baroness Northover Excerpts

Wednesday 3rd May 2023 Grand Committee

[Baroness Northover (LD)]

My Lords, I, too, thank the right reverend Prelate the Bishop of St Albans for securing this debate and for opening it so very effectively.

We are indeed in dangerous and rapidly changing times. The war in Ukraine is a reminder that, even in Europe, conflict is not far away. Global powers are vying with each other, as was ever the case. But overarching all that is the existential threat of climate change. So where is the United Kingdom in all this?

We have the Integrated Review Refresh, which certainly needed to be “refreshed”. As was said at the time, the first one had an EU-shaped hole in it. It promoted “global Britain”, as if our country could alone compete on equal terms with the three major power blocs: the US, China and the EU bloc, with their far greater GDP. That review claimed to be “once in a generation”. Two years later, it turns out that it needed to be refreshed.

To remind noble Lords of the first review, it claimed that we were renowned in development, but DfID had just been crushed and the aid budget cut. It claimed that we could “shape the international order”, but then came the abandoning of Afghanistan and Russia’s invasion of Ukraine. It said that we were a science and technology superpower, yet we had taken ourselves out of Horizon—we had a strong legacy, but we were damaging our future position. It confidently claimed that the UK could tilt to the Indo-Pacific. It stated:

“What Global Britain means in practice is best defined by actions rather than words.”


Global Britain was well and truly shown up in the withdrawal from Afghanistan; we could neither persuade our US allies, or even expect to be consulted by them, nor stay if they withdrew. What a terrible situation we collectively left in Afghanistan—starvation, the collapse of public health, as shown on the BBC last night, and the denial of all rights to women and girls. I note what the noble Lord, Lord Frost, said about our influence or otherwise now in Washington.

Now we come to the refreshed review. It is very different in tone; there is now no talk of global Britain. We discover that we have fulfilled the tilt to the Indo-Pacific and can concentrate, sensibly, on our near neighbourhood. Encouragingly, it says that we will reinvigorate our European relationships. Could the noble Lord spell out what this means? There is a depressing chart listing all sorts of bilateral arrangements, which looks laborious and cumbersome—a contrast to being at the table as of right.

We now hear that in relation to Ukraine and NATO:

“The enduring strength of the European family of nations, and of the UK’s ties within it, has been reaffirmed”.


The foreign policy priority in the short to medium term is the

“threat posed by Russia to European security”.

As we have heard, it also has a different approach to China. Could the Minister spell out the detail? I am sure the noble Lord, Lord Alton, will expect no less.

Again, there is an emphasis on science and technology. Now we are not exactly claiming to be a superpower but to have strategic advantage—but only if we specialise. What does this mean in terms of an industrial strategy and significant support? Where is the reference to the Horizon programme? The head of one of our leading scientific institutions told me recently that, before we left Horizon, he would get many inquiries every year from scientists whom he did not know across the EU about potential collaboration on projects. Now that has completely dried up. It is urgent that this is reinstated. Can the Minister update us? It was very concerning to hear of wobbles in the Cabinet on this.

The review rightly points to the stability and resilience of our economy as a precondition of our security. We have not yet seen trade agreements that deliver or look like they have the prospect of delivering trade at the level of that with our nearest neighbours. It points to London as a key financial centre; it is, but it is a wounded one. We should note that Arm listed in New York instead of London, with the co-founder pointing out the damage caused to London because of what he called “Brexit idiocy”.

What of the soft power of aid, the justice of which the right reverend Prelate spoke to and the influence to which the noble Lord, Lord Browne, pointed? There are no commitments for extra funding, even as we see the impact of conflict in Sudan and the impact of climate change. The Foreign Office and DfID had very different aims, each vital, and the forced marriage has not been a happy one, whatever gloss the Minister will have been given to say and which the review repeats. That is tacitly recognised in this document, which speaks of “reinvigorating” its position as a global leader on international development.

There is some attempt to give development more emphasis, with the Development Minister—and I pay tribute to Andrew Mitchell in this regard—attending Cabinet and a second Permanent Secretary in FCDO. I am not sure how that one is going to work. It is all a rather tacit administration that that merger was disastrous. Given that so much of the aid money went to support refugees in the United Kingdom, which is allowable under DAC rules for one year, surely now that the Afghans and Ukrainians who were benefitting have been here for more than a year, this should now have ended. Can the Minister clarify? What does that then release?

There are no new commitments here on tackling climate change. Meanwhile, President Biden is turning the US approach around. Acutely aware that in the new green technologies, China has a huge head start, he set in place the formidable Inflation Reduction Act. We should welcome this because of the huge investment in green technologies—that is globally important. But while the EU has immediately set in place its critical minerals Act and is engaging closely with the US and allowing countries to support their green industries—something that we were told could not happen—the Chancellor says that the United Kingdom is considering its position. If it considers its position much longer, we will not have a position to consider.

The UK’s automotive transformation fund is only £1 billion, dwarfed by the IRA. The refresh review speaks of “illegal migration” being one of the major challenges of our time, but climate change—and it rightly recognises this—is likely to exacerbate migration, which it does not then call illegal. That is why the development and climate change budgets are so critical. It speaks of climate change and biodiversity loss as

“important multipliers of other global threats”.

They are surely far more than that—they are existential threats.

There is a change between the once-in-a-generation review of 2021 and its refreshed version now. The Government’s feet are more firmly on the ground, setting aside aspirations for global Britain while ignoring our own continent. But with its emphasis on defence, about which my noble friend Lady Smith may say more, and the lack of resources in other areas, this review underestimates the significance of climate change and the need to use aid to ensure that others elsewhere also prosper, so that the seeds of conflict, as right now in Sudan, can be tackled, and populations do not see the need to uproot themselves and undergo great hardships to find a better life. So I suppose we should expect another refresh in a couple of years or so.

Raid of BBC Offices in India

Baroness Northover Excerpts

Tuesday 21st February 2023 Lords Chamber

[Lord Ahmad of Wimbledon (Con)]

My Lords, I assure the noble Lord that, yes, we are of course engaging with the BBC directly at FCDO. Indeed, as he will know, I have been involved in the important issue of the safety and protection of journalists for a number of years. As I said in the original Statement, the protection of journalists around the world, but also media freedom, are essential parts of any progressive, inclusive democracy.

[Baroness Northover (LD)]

My Lords, the rule of law and freedom of speech are vital for a thriving democracy, as the noble Lord has said. I agree with the noble Lord, Lord Collins, that support for the BBC needs to be clear. Will the Government now pause any discussions on services and data in the free trade talks until and unless urgent and satisfactory clarification is given regarding the potential use of laws in this area for political retribution? Does he also recognise—we have discussed this before—the impact that India’s law on foreign contributions has had on a number of NGOs, including Oxfam, and which is considered to have raised human rights issues?

[Lord Ahmad of Wimbledon (Con)]

My Lords, the noble Baroness is, of course, correct in her second question. I continue to engage directly with various organisations, and I meet with their representatives regularly. The strength of our relationship allows us to raise these important issues directly with India and to make progress on them. On the first issue the noble Baroness raised, it is important that we continue to engage directly with India. Our talks and discussions are multi-faceted. We are very conscious that the current investigation is ongoing, so I will not comment on any specifics. However, having engaged directly with the Indian authorities and met with the Indian High Commissioner only yesterday to discuss this matter, I understand that the BBC and the Indian authorities are working very closely and looking to resolve the issues as soon as possible.

--- Later in debate ---

[Lord Ahmad of Wimbledon (Con)]

My Lords, the short answer to my noble friend’s first question is yes. As I said, it is the nature of that engagement and our investment in that relationship which allows us to engage in such a direct way. Our high commissioner and his team on the ground in Delhi are engaging and have raised these issues with the Indian authorities. The important thing is that the BBC is engaging constructively with the Indian authorities. We all hope that there will be a progressive resolution to these issues and that the BBC will continue to operate as it does elsewhere. I am refraining from commenting too much because this is ongoing, but the important thing in all this is that the BBC and the authorities are engaging constructively—and it is clear to me that they are.

[Baroness Northover (LD)]

I want to come back to the first question I asked the Minister, which I do not think he fully answered. Will the Government look at pausing discussions on services and data in the free trade talks in the light of what is happening?

[Lord Ahmad of Wimbledon (Con)]

My Lords, I believe I have already answered the question. The importance of the FTA is such that, if and when certain issues arise, we will aim to address them constructively. The important thing is that both countries are absolutely committed to delivering an inclusive, multifaceted FTA, and our progress will continue on all fronts in that regard.

State Immunity Act 1978 (Remedial) Order 2022

Baroness Northover Excerpts

Monday 9th January 2023 Grand Committee

[The Minister of State, Foreign, Commonwealth and Development Office (Lord Goldsmith of Richmond Park) (Con)]

My Lords, I beg to move that the Committee has considered the State Immunity Act 1978 (Remedial) Order 2022. This instrument, which is subject to the procedure set out in Schedule 2 to the Human Rights Act 1998, was laid before Parliament in draft on 7 September 2022. It will be made once it is approved by both Houses. The instrument responds to the declaration of incompatibility in the judgment of the Supreme Court in Benkharbouche v Secretary of State for Foreign and Commonwealth Affairs.

This remedial order amends the State Immunity Act 1978 to allow a category of claimants to bring claims against their diplomatic mission or consular post employers. The remedial order will remove the incompatibility identified by the Supreme Court of the State Immunity Act with Articles 6 and 14 of the European Convention on Human Rights. It will apply from the date of the Benkharbouche decision in the Supreme Court on 18 October 2017.

Four former employees of diplomatic missions—Benkharbouche, Janah, Buttet and Ahmed—have been pursuing cases against His Majesty’s Government in the European Court of Human Rights, on the grounds that the incompatibility prevented them from bringing employment claims against their employer states. One case has recently been settled, and one was dismissed by the court. In the other two, His Majesty’s Government conceded and, in determining adequate redress, the court found fault with the extended delay for His Majesty’s Government to lay the remedial order.

The remedial order has been pending for some time, having been announced in the Written Ministerial Statement from the noble Lord, Lord Ahmad, of February 2021, following the judgment in 2017. This order will prevent further claims against the Foreign, Commonwealth and Development Office. The order will apply from the date of the declaration of incompatibility which, as I said, is 18 October 2017. The Government are aware of approximately 55 other claims against diplomatic missions in London working their way through the courts; the order would allow such historic cases to be brought before the employment tribunal and reduce the risk of future claims succeeding.

I thank the Joint Committee on Human Rights for both of its reports on the proposed order. The Government responded to the Committee’s first report in September 2022. In November 2022, the Government noted the contents of the second report and are grateful to the Committee for recommending that Parliament approve the remedial order.

To conclude, state immunity derives from the principle of sovereign equality of states. This principle, enacted in the UK by the State Immunity Act 1978, is based in part on the European Convention on State Immunity 1972, to which the UK is a party. The State Immunity Act 1978 contains a number of exceptions which recognise the distinction between a state’s actions of a sovereign character, such as making treaties, and actions of a commercial nature, such as buying goods and services or employing some staff. The intention of the order is to ensure the UK’s legal obligations are in line with international law and thus ensure that claims can be brought against the relevant states and thus prevent further claims against the UK. This should mitigate any potential future risk to the Government. I commend the order to the Committee.

[Baroness Northover (LD)]

My Lords, I thank the Minister for introducing this order, which we support. As he says, this order relates to how foreign states are granted immunity from prosecution for employment claims brought against them by workers in embassies based in the UK. He referred to the Supreme Court decision in 2017 which concluded that the UK was in effect granting more immunity than was internationally required. Thus certain categories of employees, such as domestic workers, were wrongfully denied the right to take their cases to court, which was incompatible with the European Convention on Human Rights.

Protection of Media Freedom

Baroness Northover Excerpts

Thursday 8th December 2022 Lords Chamber

[Lord Goldsmith of Richmond Park (Con)]

My Lords, on 7 February the UK co-led a Media Freedom Coalition statement, signed by 21 international partners, calling out attacks on media and press freedoms, including the raid on, associated arrests of journalists of, and closure of Stand News in Hong Kong. China committed to uphold freedom of the press in the Sino-British joint declaration and made a guarantee to that effect in Hong Kong’s Basic Law. However, as noble Lords know, China remains in a state of ongoing non-compliance with the joint declaration.

[Baroness Northover (LD)]

My Lords, what assistance is being given to BBC Persian, which is under such pressure from the Iranian regime, especially given the current protests in Iran?

[Lord Goldsmith of Richmond Park (Con)]

My Lords, reports of the arbitrary arrest, detention and harassment, mainly of Iranian journalists and media workers and their families, are a huge concern to the UK. The harassment of journalists has also been directed at those covering the Islamic Republic of Iran from abroad. Of course, we condemn the judicial persecution of family members of employees and ex-employees of BBC Persian and the many individuals who have had their assets frozen and have been banned from leaving the country, in breach of Iran’s ICCPR obligations. In November this year the Foreign Secretary summoned the Iranian representative and made it clear that we do not tolerate threats to life and intimidation of any kind towards journalists or any individual living here in the UK.

Nigeria

Baroness Northover Excerpts

Wednesday 7th December 2022 Lords Chamber

[Lord Goldsmith of Richmond Park (Con)]

My Lords, we refreshed our security and defence partnership with Nigeria in February this year. We committed to work together to respond to shared threats such as serious and organised crime and terrorism, and to support Nigeria to tackle its domestic security challenges. Our support is very wide-ranging, a reflection of improvements we brought to the partnership. It includes training, mentoring and advice on tackling serious and organised crime, countering terrorism, reforming and strengthening civil policing, improving capacity to prevent and respond to kidnappings, which are an increasing occurrence, and complying with international human rights law.

[Baroness Northover (LD)]

My Lords, does the Minister agree that the situation in northern Nigeria—poverty, malnutrition and a perceived absence of government—could create the opportunity for terrorist groups, along with its potentially wide effect? This is a region on which DfID, when it existed, focused. Can he tell the House what used to be spent on the programme in northern Nigeria in 2020 and what is spent now?

[Lord Goldsmith of Richmond Park (Con)]

The noble Baroness is right to highlight the problems in north-east Nigeria, where extremist groups and the ongoing conflict are having a massive impact on communities. These terrorist organisations are set on undermining the right to freedom of religion or belief by attacking those of all faiths who do not subscribe to their limited, extremist views. We are taking a co-ordinated approach to supporting Nigeria and its neighbours to address both the causes and impacts of that conflict. That involves political and defence engagement, humanitarian development and counterterrorism support, and stabilisation and mediation assistance. I do not have figures solely from the time of DfID, but I have some which overlap; over the last five years, the UK has provided £425 million in humanitarian aid to north-east Nigeria. We believe that has reached around 1.5 million vulnerable people.

Ethiopia: Peace Process

Baroness Northover Excerpts

Monday 5th December 2022 Lords Chamber

[Lord Ahmad of Wimbledon (Con)]

My Lords, the noble Lord will know that I cannot give any specifics or details of sanctions; however, sanctions are part and parcel of the tools we have at our disposal. As I said in my original Answer, we wish, want and have asked the Eritreans to withdraw immediately; we will continue to do so repeatedly by working with the AU and the UN. They are an impediment to the peace process and, as we have seen from the noble Lord’s supplementary question, the continued violence being perpetrated is inexcusable. If there is more information to share in future, we will do so at the appropriate time.

[Baroness Northover (LD)]

My Lords, as the Minister attended the Preventing Sexual Violence in Conflict Initiative conference last week, could he tell us what reports are coming through on the use of rape as a weapon of war in Tigray and whether people will be held to account? Is evidence being gathered, which is necessary if perpetrators are to be held to account?

[Lord Ahmad of Wimbledon (Con)]

My Lords, of course I can assure the noble Baroness that we are working with key agencies, including the UN. This was a specific area that I also discussed with SRSG Patten, who heads the UN team. We have previously dispatched experts to collect evidence. On specific actions, part of the conference was about ensuring that we collate and sustain evidence so that we can successfully prosecute as and when those opportunities arise.