State Immunity Act 1978 (Remedial) Order 2022

Debate between Baroness Northover and Lord Goldsmith of Richmond Park

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

Debate between Baroness Northover and Lord Goldsmith of Richmond Park

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

Debate between Baroness Northover and Lord Goldsmith of Richmond Park

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.

Bilateral Relations with Caribbean Countries

Debate between Baroness Northover and Lord Goldsmith of Richmond Park

Thursday 28th April 2022 Lords Chamber

[Lord Goldsmith of Richmond Park (Con)]

The noble Lord makes an important point about ODA. In the current system, the unique vulnerability of small island developing states to issues such as climate change and shocks such as Covid is not recognised. It was made very clear over the last couple of years that they are uniquely vulnerable, and consequently their economic ranking can change very quickly. That is not reflected in the system of recognition, which means that you have countries which, for all intents and purposes, should be ODA-eligible but are not according to the current rules. This is an issue which we are raising robustly in the OECD. I hope that we can see some changes there. Additionally, the UK is working with Fiji and other countries on a global taskforce on access to finance. One of the problems is that it is incredibly complicated accessing finance from the multilateral institutions. They are bureaucratic, time-consuming and so on. We are working very hard on that too, and that is recognised by the small island developing states in question.

[Baroness Northover (LD)]

My Lords, rightly, the Minister has just mentioned the significance of climate change in the Caribbean. The hurricanes in the region are much more extreme and frequent than they used to be, but can be tracked across the Atlantic. The United Kingdom was behind the curve when it came to Hurricane Irma, for example, not holding a COBRA meeting until several days after it had hit. Can the Minister reassure us that the Government are far better prepared to help the overseas territories if and when they are hit by similar hurricanes?

Worldwide Displacement of Refugees

Debate between Baroness Northover and Lord Goldsmith of Richmond Park

Thursday 28th April 2022 Lords Chamber

[Lord Goldsmith of Richmond Park (Con)]

The noble Lord is absolutely right, and of course I very much remember the debate and the message that was conveyed by a number of noble Lords in that debate. He mentioned COP 26 which, while ostensibly focused on climate change, is every bit as relevant to the debate we are having today as it is relevant to climate change. We are in a world that is increasingly unstable. The majority of refugees are displaced as a consequence of violence, but we know that the environment is becoming an increasing factor. So the solution is not to focus purely on the issue of refugees but, using every tool at our disposal, to do everything we can to ensure that the world addresses those gigantic challenges that I know the noble Lord is as concerned about as I am.

[Baroness Northover (LD)]

My Lords, the Minister mentioned climate change. Is he aware that the expansion of the Sahara was partly what fuelled the conflict in Darfur, as people were displaced from that area? That was an early warning of the global instability likely to follow climate change, yet we hear that the funding on climate change in his department is about to be decimated. Does that make sense?

[Lord Goldsmith of Richmond Park (Con)]

The commitment that we have made as a Government to not just maintain levels of funding for climate change but in fact to double our international climate finance to £11.6 billion remains intact. So I am not sure where those rumours are coming from—more so because, as part of that commitment to spend £11.6 billion on climate change, we are also committed to spending around £3 billion of that on nature-based solutions to climate change, specifically so that we can tackle the kinds of issues that the noble Baroness has just mentioned.

Ukraine: BBC World Service

Debate between Baroness Northover and Lord Goldsmith of Richmond Park

Thursday 10th March 2022 Lords Chamber

[Lord Goldsmith of Richmond Park (Con)]

I strongly agree with the point made by my noble friend. I do not think there is any question on this; I am certainly not aware of anything that has been said that would in any way suggest that the Government do not recognise the tremendous value that the World Service provides, particularly in circumstances such as today’s, where, as my noble friend said, we are up against a brutal regime which is second to none globally in the art of misinformation. So I strongly agree with my noble friend’s comments and will convey the message from him and other noble Lords to the department.

[Baroness Northover (LD)]

The integrated review proudly and rightly states that

“The BBC is the most trusted broadcaster worldwide”,


and the Minister has repeated that. When the review was published, with the cut in ODA and the attacks on the BBC, that struck me as extreme irony. The Minister has just said that he cannot comment on funding, but he should be able to, and the noble Lord, Lord Collins, is right that he can certainly make sure that the constant and insidious attacks on the BBC, including the World Service, are silenced.

[Lord Goldsmith of Richmond Park (Con)]

My Lords, the BBC as an organisation is absolutely gigantic. We are talking today about a critical part of that service, but it is just one part. It should be possible to be critical of many different aspects of the BBC as an organisation or its focus, without that being seen to undermine what everyone recognises as the extraordinarily valuable and unique international service it provides. I reiterate what I said earlier: that service will continue.

Belarus

Debate between Baroness Northover and Lord Goldsmith of Richmond Park

Thursday 10th March 2022 Lords Chamber

[Lord Goldsmith of Richmond Park (Con)]

The noble Lord makes an extremely important point. This view is shared by the UK Government, and it is reflected in the approach we are taking in relation to sanctions on individuals and organisations in Belarus.

[Baroness Northover (LD)]

My Lords, I, too, welcome the leader of free Belarus, and I hope we will not have to wait too long before she is in the position that she should be in. She told us how important those sanctions are and, as the noble Lord, Lord Russell, just referred to, that the Russians are using loopholes. We need comprehensively and urgently to address this. We will put some people from her group in touch with the FCDO with further details. One of the other things that struck me from what she said is how vital it is for unbiased news to reach the citizens of Belarus, which we will come on to later. What action is being taken to support news organisations, particularly the BBC, in relation to Belarus?

[Lord Goldsmith of Richmond Park (Con)]

I thank the noble Baroness for making the introduction. I can tell her that Foreign Office Minister James Cleverly met the leader of the opposition, Svetlana Tsikhanovskaya, only yesterday, but we will certainly continue that dialogue, important as it is.

The noble Baroness is also absolutely right on the question of the media. We condemn the politically motivated crackdown on independent media in that country and remain deeply concerned about the safety of journalists there. Dozens of journalists, bloggers and media workers are under arrest or in jail. Websites of reputable media outlets have been declared extremist by the regime. One of the priorities of our programme funding in Belarus is supporting media freedom. We appeal to the Belarusian authorities to unconditionally and immediately release all political prisoners and to fully restore the free media space in Belarus, online and offline. Finally, we have increased our funding in this area, I believe threefold. If that is wrong, I will get back in touch with the noble Baroness.

Global Refugee Forum

Debate between Baroness Northover and Lord Goldsmith of Richmond Park

Monday 7th March 2022 Lords Chamber

[Lord Goldsmith of Richmond Park (Con)]

The teams are designing an entirely new scheme for an entirely new situation as quickly as possible. That is reflected in the numbers that have so far been reported. But from everything we have heard today— from the Foreign Secretary and the relevant Minister—we are up and running and we are ready now to absorb larger numbers of refugees from Ukraine.

[Baroness Northover (LD)]

I referred a case to the noble Lord, Lord Ahmad, of a very frail lady in her 90s who has been brought to my attention by World Jewish Relief. She is in Warsaw and, as I say, she is very frail. Will the Minister please return to his department and make sure that her case is expedited? Her granddaughter is a UK citizen. She clearly qualifies to come to the United Kingdom. She is very frail, and she is an example of many others in that situation. Can we make sure that, in this case, the Home Office is not proving to be the kind of block that it has been over Afghan refugees?

[Lord Goldsmith of Richmond Park (Con)]

My Lords, I am not familiar with the case the noble Baroness describes, but I assure her that I will convey her message back to both the Foreign Office and the Home Office. We will do whatever we can.

Oil Tanker “FSO Safer”

Debate between Baroness Northover and Lord Goldsmith of Richmond Park

Monday 7th February 2022 Lords Chamber

[Lord Goldsmith of Richmond Park (Con)]

The noble Lord is absolutely right. This would be a really colossal disaster—probably four times worse than the “Exxon Valdez” spill. It would cause irreparable damage and require clean-up costing many billions. He is also right that we urgently need the Houthis to allow the UN to make a technical inspection of the vessel. Unless and until they agree to that, the international community cannot make any meaningful progress. Houthi co-operation is therefore absolutely critical if we want to make that progress.

[Baroness Northover (LD)]

My Lords, the UN humanitarian co-ordinator in the region warns that the risk of imminent catastrophe is very real. As the Minister will know, clearly such a spill would disrupt trade through the Red Sea and the Suez Canal, with global effects. Above all, as he has noted, it would be disastrous in the region, closing Yemeni ports, disrupting the food aid on which half the population of Yemen depends, and affecting all sides, including the Houthis. What strategies are being taken forward to try to deliver a safe resolution to this problem?

[Lord Goldsmith of Richmond Park (Con)]

My Lords, in addition to the answer I gave to the previous question, that really is absolutely central. Our hands are tied until there is proper, meaningful co-operation. The UK has put this on the international agenda. UK-funded research identified the threat posed by the tanker and has been used by international partners, including the UN, to underpin their assessments. We have provided £2.5 million towards UN efforts. We are supporting the UN “Safer” working groups by providing a technical adviser to help them develop their mitigation and contingency plans, and much more besides. Fundamentally, we need to stop this happening, because the effects will take many years and costs vast sums of money to recover.

Belarus: Roman Protasevich

Debate between Baroness Northover and Lord Goldsmith of Richmond Park

Tuesday 25th May 2021 Lords Chamber

[Lord Goldsmith of Richmond Park (Con) [V]]

My Lords, the Government agree and we are co-ordinating our response with all our allies and partners, including the US, the EU and other countries. The Foreign Secretary has discussed Belarus directly with the French, German and Lithuanian Foreign Ministers, and with the former Secretary of State and Vice-President of the US during his visit to Washington in September. The Minister for European Neighbourhood and the Americas has had extensive contact with Ministers in the Baltic states and Scandinavia and with state secretaries in the US and Germany. As noble Lords can imagine, those discussions have escalated dramatically in recent days.

[Baroness Northover (LD)]

My Lords, it is clearly vital that actions are synchronised in this appalling situation, especially on sanctions. We are hearing from the Belarusian protest leaders that they are working actively with the EU and US but have been unable to secure adequate contact with the UK, especially on sanctions relating to money through London. Can I link the Minister and his department to the relevant people, and can he tell me what formal structures the Government will now put in place to ensure that they work in lock-step with the whole of the EU on matters such as this?

[Lord Goldsmith of Richmond Park (Con) [V]]

My Lords, this outlandish action by Lukashenko will clearly have serious implications, and the Belarusian regime is going to have to feel the consequences. We are working with our allies on our response and will continue to consider all the options available to us to persuade the authorities to change their current course, including of course further sanctions. I cannot speculate publicly on any future designations but, as we demonstrated following the flawed elections last August in Belarus, the UK is ready to act.

Covid-19: Syria

Debate between Baroness Northover and Lord Goldsmith of Richmond Park

Thursday 29th April 2021 Lords Chamber

[Lord Goldsmith of Richmond Park (Con) [V]]

My Lords, our priority clearly, is to end the conflict in Syria through a negotiated political settlement. We believe that only an inclusive, non-sectarian Government can unite the country and protect the rights of all citizens. We have been one of the largest bilateral donors to the Syrian crisis; we are at the forefront of humanitarian response, focusing on helping those most acutely in need. So far, we have committed more than £3.7 billion in response, our largest ever response to a single humanitarian crisis. We will continue to provide whatever support we possibly can. We want an end to this appalling situation, which the noble Lord rightly describes in extremely powerful language.

[Baroness Northover (LD)]

I too thank the Lord Speaker. What impact assessment has been made of the UK cut in aid to Syria and UN agencies operating in Syria? If that has not happened, why not?

[Lord Goldsmith of Richmond Park (Con) [V]]

My Lords, I cannot talk about individual projects; I can say that the UK remains one of the largest humanitarian donors to the Syria crisis. As I said, we have committed more than £3.7 billion since 2012. We have supported millions of people, providing food, clean water and healthcare, and our funding will continue to do so. However, in relation to specific programmes, I fear that all I can say for now is that FCDO programme managers are working with suppliers and delivery partners to work out the precise implications for every programme.

Nazanin Zaghari-Ratcliffe

Debate between Baroness Northover and Lord Goldsmith of Richmond Park

Wednesday 24th March 2021 Lords Chamber

[Lord Goldsmith of Richmond Park (Con) [V]]

My Lords, I will have to take the case mentioned by the noble Baroness back to the FCDO and I will convey her message to colleagues in the ministerial team and officials.

[Baroness Northover (LD)]

My Lords, I would also like to flag the case not only of Nazanin, and ask why the Government have not fully used the diplomatic protection they have granted to her. It should be extended to another British dual national, Anousheh Ashouri, a retired British-Iranian engineer. He has been held for three and a half years after a grossly unfair trial. When the Minister writes to the other noble Baroness, could he write to me as well with regard to what is happening in this case?

[Lord Goldsmith of Richmond Park (Con) [V]]

I can certainly provide that assurance. However, perhaps I may make a broader point about diplomatic protection. Exercising diplomatic protection in the case of Ms Zaghari-Ratcliffe and others formally raises the issues to a state-to-state matter, and we will take further action where we judge that it will help to secure her full and permanent release. However, it is important that we act in a way that we judge, with all the information we have, most likely to be in the best interests of each of our detainees. We cannot, as noble Lords will understand, provide a running commentary on consular actions in this, or any, specific case.

Mozambique: Militant Violence

Debate between Baroness Northover and Lord Goldsmith of Richmond Park

Wednesday 17th March 2021 Lords Chamber

[Lord Goldsmith of Richmond Park (Con) [V]]

The UK provides significant ODA to Mozambique, worth £179 million in 2019-20. This supports work in a number of different sectors, including health, education, water, sanitation, better governance and inclusive economic development. Revised allocations for next year will be published by the Treasury soon, but the ODA support that we provide to Mozambique is all about helping it to achieve sustainability across all sectors.

[Baroness Northover (LD)]

My Lords, Mozambique has a terrible history of conflict, but had pulled itself out of that. We played our part in that. The Integrated Review says that we will work together with others in Africa to build

“resilient and productive economies and open societies”.

Will the Minister guarantee that, in this circumstance, the FCDO will maintain the level of support? If not, how much aid will it cut from Mozambique?

[Lord Goldsmith of Richmond Park (Con) [V]]

My Lords, we are committed to supporting the Government and people of Mozambique to address, among other things, the conflict’s root causes. We do not see this as a purely military problem or an external problem. It is about marginalisation, poverty and the prospect of the arrival of massive gas income, which people worry they might not see. That concern has no doubt been exploited by Islamists. We are committed to continuing our work in Mozambique, tackling those root causes. I am not able to provide any figures yet in relation to the subsequent ODA allocations, but an answer will be forthcoming shortly.

India: Restrictions on Freedom

Debate between Baroness Northover and Lord Goldsmith of Richmond Park

Monday 15th March 2021 Lords Chamber

[Lord Goldsmith of Richmond Park (Con) [V]]

As one of the world’s largest democracies and one of the world’s oldest, India and the UK have a broad and deep relationship. Long may that continue. On Kashmir, India and Pakistan are long-standing and important friends of the UK; we encourage both countries to engage in dialogue to find lasting diplomatic solutions to maintain regional stability. We are of course concerned by the lack of communication between India and Pakistan and its impact on tensions, but it is for them to find a lasting political resolution on Kashmir, taking into account the wishes of Kashmiri people. It is not for the UK to prescribe a solution or act as a mediator.

[Baroness Northover (LD)]

My Lords, the Government of India are reported to consider human rights there an internal matter. Does the noble Lord agree that lessons from the 20th century in particular show that it is vital that the world pays attention to human rights, even within borders? If so, what representations have been and are being made to the Government of India on the forced closure of Amnesty International India and the freezing of its accounts?

[Lord Goldsmith of Richmond Park (Con) [V]]

My Lords, the right to peaceful protest is vital in any democracy and we encourage all states to ensure that their laws are in line with international standards. Any allegation of human rights violations is clearly very concerning and should be addressed. My noble friend Lord Ahmad of Wimbledon raised Amnesty International India’s case with the Indian high commissioner on 1 December and FCDO officials have raised our concerns with the Indian High Commission. Just a few weeks before, we requested in our representations that Amnesty’s accounts be unfrozen while the investigation is ongoing. We have noted the important role of NGOs in all democracies.

Food: Chicken and Beef

Debate between Baroness Northover and Lord Goldsmith of Richmond Park

Tuesday 7th July 2020 Lords Chamber

[Lord Goldsmith of Richmond Park [V]]

As has been pointed out many times, we have already legislated by the withdrawal Act against artificial growth hormones and decontaminating poultry carcasses with chlorine. If we were to change that it would require legislation to be brought before Parliament. I have no doubt at all that Parliament would choose not to relax those regulations, and in my view rightly so. The Government have committed, as we did in our manifesto before the election, to ensuring that our high animal welfare and environmental standards are not undermined through the pursuit of free trade agreements.

[Baroness Northover (LD) [V]]

My Lords, as the Minister said, antimicrobial resistance is an exceptionally dangerous global risk. Given the size of the US economy compared with ours, and without the power of being an EU member, how does he think we can tackle this global challenge while seeking a trade deal with the United States?

[Lord Goldsmith of Richmond Park [V]]

There is without a doubt growing concern globally about overuse of antibiotics. I believe that more than half of all antibiotics in the United States are used on farms, in many cases to keep animals alive that would otherwise not survive the conditions in which they are reared. The same has been true for many years across the European Union, including in the United Kingdom, where we have also been guilty of massive overuse of antibiotics in agriculture. We have taken great strides, working with the industry, to reduce the amount of antibiotics used in agriculture. The same is true across some countries in the European Union, but not all. Global awareness is growing. I believe that coronavirus has lowered our collective tolerance for risk. The noble Baroness is absolutely right that this should be top of the health agenda.