Myanmar

Earl of Kinnoull Excerpts

Thursday 11th February 2021 Lords Chamber

[The Minister of State, Foreign, Commonwealth and Development Office (Lord Ahmad of Wimbledon) (Con)]

My Lords, first, I thank the noble Lord, Lord Collins, and the noble Baroness, Lady Northover, for their contributions. They rightly raised a series of issues, which I will seek to address.

In her remarks, the noble Baroness asked for an assessment of the current situation. As the noble Lord, Lord Collins, also noted, it is a week since we last discussed this matter. Let me assure both of them and your Lordships that we have been not just monitoring but acting. Clearly, the situation over the weekend of 6 and 7 February saw large-scale protests; the noble Baroness rightly pointed to the scale of them in both Naypyidaw and Yangon. Notably, we have seen largely—I use that word deliberately but carefully—peaceful protests.

The noble Baroness is quite right to note that, in many instances, the police have been restrained when many people perhaps expected otherwise. However, as the noble Baroness and the noble Lord said, we are concerned by further reports of crackdowns on protestors in Naypyidaw on 9 February, including, as the noble Lord noted, the firing of rubber bullets and the use of water cannons. It remains unclear whether the security forces discharged live rounds, although that was being reported. When I looked into this, I came across a particularly shocking case where, as has been widely reported, a lady was shot in the head.

On the noble Baroness’s point about the cybersecurity law, I, too, have heard about proposed actions in that respect. She will have noted the internet blackouts that have taken place; we are concerned about these as they have made the flow of information in and out of the country that much more challenging. We are clear that internet services must be maintained and freedom of expression protected.

In that regard, I want to pick up on the point rightly made by the noble Lord, Lord Collins, about the CDC. The CDC carries out due diligence for every investment it makes, including in its contract with Frontiir. The investment was made to ensure low-cost internet availability and focused primarily on key areas, including Yangon. In March, there was a Myanmar Government directive to all ISP providers to block websites, which Frontiir and others have followed. Of course, the UK has taken a number of steps over the censorship of websites, but I note carefully what the noble Lord said in this respect. It is part of our strategy to ensure that the internet is restored at the earliest possible opportunity. I would also add that the investment was made with the good intent of providing the most vulnerable people with internet access.

The noble Baroness and the noble Lord rightly mentioned the recent announcement from President Biden and his Administration. Indeed, my right honourable friend the Foreign Secretary tweeted this morning about our support for the actions taken. I know that if I were sitting on the other side of the Dispatch Box, I would find this frustrating at times, but let me say that we are looking actively at all the tools at our disposal.

The noble Baroness, Lady Northover, rightly noted the 16 sanctions. To put that in context, 14 of them have been directly rolled over and become applicable in UK law; this is part of what we led on with the EU. There were another two, most notably against the current commander-in-chief of the army and his deputy. They were part of the first tranche of global human rights sanctions that we introduced, and will also stay in place. The noble Baroness mentioned the UN fact-finding mission. Six specific individuals were named in it, and I assure her that all of them are part of the UK’s current sanctions regime.

I note the point made in the context of both individuals and other organisations and firms. All I can say at this juncture is that we are of course looking at the actions of the United States. I come back to the point that this requires co-ordination. While signals may be sent, as I have said repeatedly—I know that the noble Baroness and the noble Lord share my views on this—it is when we act in conjunction with others that we see the best benefit against those we seek to target.

The noble Lord, Lord Collins, asked what actions the UK has taken. He rightly pointed out that we are penholders, particularly on the issue of the Rohingya. However, we are also the current president of the UN Security Council. In this regard, we convened a specific meeting on 4 February. I totally concur with the noble Baroness’s assessment of the importance of China’s role, not just in the current crisis but in terms of the continuing challenge of the situation and suffering of the Rohingya community. China has an important role to play. Through our bilateral engagement and engagement at the UN Security Council, we continually remind China of its important role in this respect. It was notable that, although there was no resolution, a statement was issued by the UN Security Council on the worrying nature of the events and military coup in Myanmar. We will continue to look at the situation during our presidency for the remainder of the month.

The noble Lord and the noble Baroness asked about the actions that we have taken, including at the UN Human Rights Council. Again, I, as the Human Rights Minister, have prioritised this. Together with our European Union colleagues—I somewhat expected the noble Baroness to ask me about the EU, but I will proactively provide her with this information—we worked at the Human Rights Council and will convene a meeting tomorrow on the situation. Of course, we are formal members of the Human Rights Council as well.

On action by the International Court of Justice, which the noble Lord, Lord Collins, and the noble Baroness, Lady Northover, referred to, we are supportive of the Gambia’s action. To put the UK’s formal intervention into context, we are looking at that. A number of countries have stated their intention to intervene but are yet to do so. There is a structured process at the ICJ, part of which is for Myanmar to come back on what has been levied against it by the Gambia and others. I believe that Myanmar has responded, while the other countries which have said that they will formally intervene are now considering their position, as will we, to see when a formal intervention, which we would support, would be best suited to give greater credence to the role of the ICJ in this respect.

I hope I have responded to some of the specifics put to me. The noble Lord, Lord Collins, and the noble Baroness, Lady Northover, will appreciate that we are engaging on this issue proactively across our roles, including in the G7. They will both have noticed that on 3 February we issued a statement as part of the G7. We are using our role at the UN Security Council and the Human Rights Council. I would add one further piece of information. Through our ambassador, we have also attended a briefing with the military-appointed Foreign Minister. We used the occasion to communicate directly to that representative of the current military leaders of Myanmar who are in charge our unequivocal condemnation of the coup.

We join all countries in calling for the release of those who been arbitrarily detained, not least Aung San Suu Kyi. I shall pick up the point about elections raised by the noble Baroness. As we all know, some of these elections are not the most perfect one could imagine. Nevertheless, there were external observers, and it is not for the Myanmar military to call them into question, given the general reports. Putting the disenfranchisement of the Rohingya people to one side, others in the country participated fully and the result was conclusive. I can assure the noble Baroness and the noble Lord that, through engagements beyond the Chamber, I will continue to update them both about the ongoing situation and will seek to provide briefings in a timely manner.

[The Deputy Speaker (The Earl of Kinnoull) (Non-Afl)]

We now come to the 20 minutes allocated for Back-Bench questions. I ask that questions and answers be brief so that I can call the maximum number of questioners. I call the noble Baroness, Lady Helic.

Alexei Navalny

Earl of Kinnoull Excerpts

Thursday 28th January 2021 Lords Chamber

[Lord Ahmad of Wimbledon (Con)]

My Lords, the noble Baroness poses a wide-ranging question about different countries and jurisdictions—she also mentioned the British Overseas Territories. Without generalising, it is important that we look at the specifics of each case, but I understand what she puts forward. We need to have measures to hand, and the human rights sanctions regime is one with which we can act specifically and, importantly, with key partners and allies to ensure individuals or groups who abuse human rights are held to account for their actions. I hope that, in time, as we have discussed today, the broadening of any scope of those sanctions, on the issue of illicit finance, in particular, will also be to the satisfaction of Members of your Lordships’ House.

[The Deputy Speaker (The Earl of Kinnoull) (Non-Afl)]

My Lords, the time allowed for this Question has now elapsed.

EU Ambassador to the UK: Diplomatic Status

Earl of Kinnoull Excerpts

Monday 25th January 2021 Lords Chamber

[Lord Ahmad of Wimbledon (Con)]

My Lords, when the noble Lord rises to speak I often look to his expression. On this occasion it was one of deep concern, accompanied by a frown. I assure him that I hear very clearly what he says. Of course a range of international organisations enjoy privileges and immunities in the United Kingdom, including those for their heads of mission. Because we are where we are with the European Union there is little more I can say at this juncture about the outcome of the discussions, but I assure him and others that we will continue to work with the EU as a key and important partner, and be the best friend and ally to the EU, as my right honourable friend the Prime Minister has said on a number of occasions.

[The Earl of Kinnoull (Non-Afl) [V]]

My Lords, the very first article of the trade and co-operation agreement talks of

“good neighbourliness characterised by close and peaceful relations based on cooperation, respectful of the Parties’ autonomy and sovereignty.”

Could the Minister explain how the Government’s current fence-top position is consistent with this core aspiration of our new and important relationship with the EU?

[Lord Ahmad of Wimbledon (Con)]

I agree with the premise and context of the noble Earl’s question, but I assure him that we are currently in discussions for the very reasons he has articulated. The EU is an important partner to the United Kingdom. At the end of the transition period, our intention is to be the best ally and friend to the EU. We will work in that respect, whether on its status here in the UK or on other key issues. As I said to the noble Baroness, Lady Northover, it will remain an important partner in all respects.

Biodiversity: Impact of Neonicotinoids

Earl of Kinnoull Excerpts

Thursday 14th January 2021 Lords Chamber

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

The authorisation that has been provided is for a specific and limited period of time, covering one season, and there are no plans to extend that emergency authorisation. The purpose of this authorisation was to allow time for the industry, as the noble Lord says, to develop alternatives; it is urgently seeking to do so now. As I said in my opening remarks, we have absolutely no intention—and indeed we will not—to go back on the restrictions and bans that were brought in in 2018, which have been translated into UK law.

[The Deputy Speaker (The Earl of Kinnoull) (Non-Afl)]

The noble Lord, Lord Berkeley, has withdrawn, so I call the noble Baroness, Lady Parminter.

[Baroness Parminter (LD) [V]]

My Lords, how is this decision compliant with the Aarhus convention on environmental justice, given that the application documents and the chief scientist’s advice to the Government are being kept secret, and that, while the NFU lobbied undercover, the public could not participate in the process?

--- Later in debate ---

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

The noble Lord makes an extremely important point. The Government are guided, as they pursue new free trade agreements and seek to expand our trading relationships around the world, by a commitment to ensuring that imports do not compromise or undermine the standards that we are proud to apply here in the United Kingdom, whether in environmental or animal welfare standards.

[The Deputy Speaker (The Earl of Kinnoull) (Non-Afl)]

My Lords, the time allowed for this Question has now elapsed.

Foreign Policy: UK-EU Dialogue

Earl of Kinnoull Excerpts

Thursday 14th January 2021 Lords Chamber

[Lord Ahmad of Wimbledon (Con)]

My Lords, I totally agree with the noble Lord and I look forward to working with him on important priorities in terms both of trade and strengthening relationships, particularly in the Indo-Pacific region. Looking at the position of global Britain, it is worth reflecting that in under two years we have agreed 63 trade deals, which are valued at £885 billion. No country has done this; this is in less than two years. We still have trade deals being finalised with the United States and Australia to come. The picture for global Britain in terms of the facts on the ground is very positive. We look forward to strengthening our co-operation further with all partners across the world and working with your Lordships’ House, with the experience it brings, on strengthening global Britain and its place on the world stage.

[The Deputy Speaker (The Earl of Kinnoull) (Non-Afl)]

My Lords, the time allowed for this Question has now elapsed. We now come to the third Oral Question.

Animal Welfare and Wildlife Crime Offences

Earl of Kinnoull Excerpts

Tuesday 12th January 2021 Lords Chamber

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

The Government introduced a ban on the commercial third-party sale of puppies and kittens in England, and ahead of that we launched a big national communications campaign strategy called Petfished, which was designed to help people make more informed choices when sourcing a new pet. These are important steps, taken to disrupt the low-welfare trade that supports unscrupulous puppy farming and to tackle the illegal supply of pets. There are already laws in place in relation to pet theft, and it is the view of the Government that the maximum penalties available are sufficient. However, I know that colleagues in government are looking at what changes could be made to sentencing guidelines to reflect the fact that a puppy being stolen is not the same as an inanimate object being stolen. I hope that progress will be made shortly.

[The Deputy Speaker (The Earl of Kinnoull) (Non-Afl)]

My Lords, the time allowed for this Question has now elapsed. We move to the second Oral Question.

Sustainable Development Goals

Earl of Kinnoull Excerpts

Thursday 12th November 2020 Lords Chamber

[Baroness Sugg (Con) [V]]

Girls’ education is indeed a key priority for the FCDO but so is continuing our support for sexual and reproductive health and rights. We are the world’s second-largest global bilateral donor on family planning. I agree with the noble Baroness that we must ensure that girls and women have access to family planning so that they can continue their education, contribute to the economy and decide how and when to have children and how many to have.

[The Deputy Speaker (The Earl of Kinnoull) (Non-Afl)]

My Lords, all the supplementary questions have been asked and we now move to the third Oral Question. I call the noble Lord, Lord Woolley of Woodford.

Integrated Review of Security, Defence, Development and Foreign Policy

Earl of Kinnoull Excerpts

Tuesday 3rd November 2020 Lords Chamber

[Lord Ahmad of Wimbledon (Con)]

I agree with the noble Lord’s first point. However, I have already alluded to our increased budget in defence spending, which underlines the importance and priority that Her Majesty’s Government attach to our defence capabilities.

[The Deputy Speaker (The Earl of Kinnoull) (Non-Afl)]

My Lords, the time allotted for this Question has now elapsed and we therefore move to the second Question.

Treaty Scrutiny: Working Practices (EUC Report)

Earl of Kinnoull Excerpts

Monday 7th September 2020 Grand Committee

[The Earl of Kinnoull (Non-Afl)]

My Lords, it is a great privilege to follow two such excellent opening speeches. The noble and learned Lord, Lord Goldsmith, has already made a considerable mark in chairing the new International Agreements Sub-Committee, as demonstrated in his speech, and its first report is one of great authority, clarity and importance. The noble Baroness, Lady Taylor of Bolton, and the ever-excellent Constitution Committee once again produced a report of great weight and incisiveness, and just now she produced a speech to match. I warmly thank the noble Lord, Lord Boswell, under whose chairmanship the EU Committee’s June 2019 report was produced just before I took over, but who has graciously suggested that I lead off today.

The three reports we are considering build on each other. The cornerstone is to be found at paragraph 33 of the Constitution Committee’s April 2019 report, which says:

“The current mechanisms available to Parliament to scrutinise treaties through CRAG are limited and flawed.”


No serious academic or legal voice has challenged that conclusion.

The EU Committee’s interest in the subject derived directly from our scrutiny of Brexit. For many years the committee scrutinised, to varying degrees, the EU’s exercise of treaty-making powers on behalf of the UK, via the system of document-based scrutiny. This role for EU national Parliaments and their European affairs committees has in recent years been supplemented by an enhanced role for the European Parliament. These mechanisms for parliamentary oversight and accountability, honed and developed at European level over half a century, now no longer apply in the UK. Their disappearance leaves a democratic deficit. There are many ways one could address this, but the essential fact is that the task of scrutiny has now fallen back on the Westminster Parliament, and there is a need to design, with the Government, a proportionate new approach that will apply from here on to Governments of whatever colour.

Against this backdrop, and with the blessing of the Procedure Committee, in early 2019 the EU Committee and its sub-committees embarked on the first attempt at systematic parliamentary scrutiny of treaties, within the confines of the CRaG Act. We published 22 reports on more than 50 agreements, all directly Brexit-related. We assessed them against set criteria, modelled on those used by the Secondary Legislation Scrutiny Committee in scrutinising statutory instruments. The report we are debating today sets out the lessons learned from this substantial programme of work. Here, I should take a loop and thank the staff of the European Union Committee, who worked incredibly hard and, as we have already heard, to unbelievably short timetables to produce reports of outstanding quality for the House.

I go back to our 2019 report, in which our first and most important conclusion, echoing the Constitution Committee, is that

“the CRAG Act is poorly designed to facilitate parliamentary scrutiny of treaties.”

As has been said by the noble Baroness, Lady Taylor, and the noble and learned Lord, Lord Goldsmith, it simply does not allow time for meaningful, merits-based scrutiny, let alone evidence-based analysis. The sole agreement on which we were able to take evidence was the UK-South Korea deal, and that was thanks only to the time gained from the non-Prorogation of Parliament last September.

CRaG was, after all, an Act designed to fit into a constitutional layout where the UK was a member of the EU and of all its scrutiny arrangements for new treaties. But, as has been noted, treaties can be as important as much primary legislation and with far-reaching implications: think of the European Convention on Human Rights, the World Trade Organization agreements, the forthcoming trade agreement with the United States, and many others. The post-Brexit position is that the Government can enter into such constitutionally and politically important agreements simply by exercising the royal prerogative, and that Parliament is given just 21 sitting days to rubber-stamp them at the very end of the process, just prior to formal ratification. As noted by the noble and learned Lord, Lord Goldsmith, and the noble Baroness, Lady Taylor, this is not defensible.

More is needed: this is the consistent message of all three reports that we are debating. It does not necessarily require a statute but requires at least a consistent and durable understanding. A good model would be a concordat between the Government and Parliament, analogous to the very successful EU scrutiny reserve resolution. This would cover such issues as: the publication of and consultation on negotiating objectives; the sharing of information with relevant parliamentary committees, either publicly or—as pointed out by the noble and learned Lord, Lord Goldsmith—confidentially, as negotiations progress; and undertakings to allow committees sufficient time to publish their conclusions and recommendations, and to take those views into account. I too feel strongly that it would need to provide for meaningful engagement with the devolved Governments and legislatures. It would have to cover issues such as amendments to agreements and those agreements, including memoranda of understanding, which do not fall within the terms of the CRaG Act. It would also define exceptions: most importantly, for instance, when for special reasons the Government need to bypass the full parliamentary scrutiny. I would be grateful for the Minister’s initial comments on this line of thinking.

We too read the positive notes from the previous Government and the Department for International Trade, in their Command Paper of February 2019, outlining their plans for engagement. We had excellent contacts throughout 2019 at the official level with the FCO, the DIT and DExEU. I should take another loop to thank the officials concerned for the courteous and efficient way in which they came back to us, understanding the timing difficulties for us in producing our reports. They never failed. More recently, however, we have seen rather limited progress from the Government in engaging with our recommendations.

I hope for a positive statement from the Minister today in response to the unanimous view of our three committees—a common view, based on careful consideration of the issues and substantial practical experience. None of us wishes to tie the Government’s hands or to intrude into confidential negotiations. But in today’s world, given the complexity and variety of international agreements, we need structures to provide appropriate democratic oversight and accountability. Now that we have left the EU, we have the opportunity to design those structures. We do not need to ape the existing European Parliament structure or that of any other institution. We can devise our own structure and processes to suit the needs of our Government, our Parliament and our people. I look forward to the Minister’s response.

Sanctions and Anti-Money Laundering Bill [HL]

Earl of Kinnoull Excerpts

Ping Pong (Hansard): House of Lords
Monday 21st May 2018 Lords Chamber

[Lord Faulks]

My Lords, I think that the noble and learned Baroness is quite right with her mote and beam analogy. We must think about London, as my noble friend Lord Naseby, said. In 2016, David Cameron announced his intention in respect of anti-corruption and a register of beneficial interests. Since then we have had the Criminal Finances Act 2017 and this Bill. In both of those, my noble friend Lord Hodgson and I were keen to ensure that the Government did their best to stem the flood of dirty money, particularly into property money in London, by setting up a register of beneficial ownership which, when combined with unexplained wealth orders, might really do something to prevent what is a real obscenity about London property at the moment. So much money is flooding into the market yet so few people who start their work in London can afford to live. That is the mote that we have in London.

I wanted to press the matter to a vote, because our intention was to hurry this up, but I was met with formidable opposition from the Government, explaining how difficult the whole thing was. Finally, just before a vote might otherwise have taken place, I was reassured that there was much activity in this regard and there would be regular updates and a ministerial Statement. Sadly, the earliest the register would be legislation-ready was 2021—so five years after David Cameron’s summit. Here we have an amendment put down in the Commons after very little of the preliminaries, as has been quite rightly pointed out, with no consultation and nothing of the sort that one would expect with such a radical procedure. It states:

“The Secretary of State must, no later than 31 December 2020, prepare a draft Order in Council”.


It is a “must”, not a “may”. The only part of this amendment which is, perhaps, acceptable, is the very first part, describing the reasonable assistance to be given to the Governments of the British Overseas Territories. However, I apprehend that that is being—and has been—given for some considerable time. I disagree with my noble friend Lord Naseby on only one point: the Minister, not only today but in responding to the amendment so eloquently moved by the noble Baroness, Lady Stern, on Report, vigorously defended the position of the Government and of the British Overseas Territories in their attempt to comply with the natural desire that we all have to stamp out corruption.

This amendment goes on to require an Order in Council to be laid before Parliament, but then provides that it ceases to have effect,

“if not approved by a resolution of each House of Parliament before the end of 28 days”.

I wonder if a resolution of that sort would meet with the approval of both Houses of Parliament, having regard to the hasty way in which this amendment was introduced and to the real difficulties that it will cause to our friends in the British Overseas Territories.

This amendment is ill thought out, no doubt born out of an entirely proper desire to stem the flood of corruption. However, in so doing it damages our relationship with the British Overseas Territories at a time when we need all the friends we can get outside this country. The amendment asks them to do what is required in a timeframe which is much shorter than that for this country: the mote and beam analogy is entirely appropriate.

[The Earl of Kinnoull (CB)]

My Lords, I declare my interests as set out in the register of the House, particularly those in respect of financial services. I support Amendment 22A, in the name of the noble Lord, Lord Naseby. How well we know what a stramash would result if Westminster sought to legislate for Scotland, in a matter of devolved competence, without even consulting the Scottish Parliament. Parliament developed the Sewel convention to cope with this very situation. We have heard, in a very powerful speech, from the noble and learned Lord, Lord Neuberger, and others just how this convention now expressly extends to our overseas territories.

The overseas territories are proud and sophisticated countries and deserve our respect. Constitutionally, our respect includes conventions. Money laundering is, rightly, a devolved matter for them. Bermuda, the Cayman Islands and the British Virgin Islands are large and sophisticated financial centres with well-respected regulators. Accordingly, to legislate without even consulting these Parliaments is conventionally wrong. This is why I feel that the Sewel convention should apply. Westminster has the power to intervene and should exercise this only when things are badly awry. However, evidence of “awryness” is, in fact, the other way.

As other noble Lords have mentioned, Pierre Moscovici delivered a report last year, and this was adopted by the European Council on 5 December. On page 5 of that 35-page report, the Council affirms that,

“these actions collectively taken by EU Member States are in line with the agenda promoted by the G20, the OECD and other international fora”.

None of the overseas territories is on the blacklist.

Annexe 2 of the adopted conclusions, which was updated twice in March this year, lists countries in various categories that have agreed to make changes by the end of this year; it is a large list. In other words, provided that changes are made by those countries, in the EU Council’s view they will be fully compliant with EU, G20 and OECD thinking in this area. Only four of the 14 overseas territories feature on the list of co-operative countries. The other 10 do not; in other words, they are absolutely clean in the eyes of Pierre Moscovici and his very substantial and hard-working staff. In that respect, the 10 that are clean are doing rather better than Switzerland or Hong Kong, which both appear on the list. Indeed, 29 countries are making changes to improve transparency; none of the overseas territories is listed. Twenty-seven countries are making changes to anti-BEPs measures, which are sophisticated corporate tax dodges; none of the overseas territories is listed. Twenty-eight countries, including Switzerland and Hong Kong, are making changes to amend or abolish harmful tax regimes. None of the overseas territories is listed. Nine countries, including Bermuda, Anguilla, the BVI and the Cayman Islands, have agreed to,

“address concerns relating to economic substance”.

Among those nine countries are Guernsey, Jersey and the Isle of Man, the only time their names appear in the annexe at all. Those three islands do not appear in the Commons amendment and, as other noble Lords have observed, I cannot believe that is fair.