Nigeria: Religious Violence

Lord Ahmad of Wimbledon Excerpts

Monday 21st September 2020 Lords Chamber

[Baroness Cox]

To ask Her Majesty’s Government what assessment they have made of the report by the All-Party Parliamentary Group for International Freedom of Religion or Belief, Nigeria: Unfolding Genocide?, published on 15 June.

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

My Lords, the Government welcome the report and the detailed analysis of complex issues of intercommunal violence and terrorism in Nigeria. We condemn all incidents of violence and call on the Nigerian Government to do more to protect victims and hold perpetrators to account. The UK Government’s formal response to the report will emphasise our approach of supporting solutions that tackle the causes of conflict to reduce violence affecting Christian and, indeed, Muslim communities.

[Baroness Cox (CB) [V]]

My Lords, I thank the Minister for his reply, but we cannot ignore the chilling signs of the potential genocide in Nigeria. According to the International Committee on Nigeria, Islamist Fulani herders have killed 19,000 people across the country’s Middle Belt. I have visited four of the devastated villages in Plateau state and stood in the house where they had murdered the pastor.

Therefore, given the escalation, frequency, brutality and asymmetry of such attacks on Christian communities—and, indeed, Muslims—is it not time to give greater effect to our obligations as a signatory to the 1948 genocide convention and our duty to protect?

--- Later in debate ---

[Lord Ahmad of Wimbledon (Con)]

My Lords, I agree with the noble Baroness that this is important. I pay tribute to her work in Nigeria, and to that of others in your Lordships’ House. We condemn incidents of violence where religion is erroneously used to justify the worst of crimes and acts of terrorism and extremism. On genocide, as the noble Baroness will know, it is the UK Government’s policy not to unilaterally determine whether genocide has occurred, in line with the genocide convention. As she will know and as I have often said, this is a matter for competent courts and tribunals.

[The Archbishop of Canterbury [V]]

My Lords, like the Minister, I am grateful to the noble Baroness for raising this issue; she is tireless and fearless in standing up for the weakest and most vulnerable. While the issues of genocide are often ones of legal terminology, the situation in Nigeria is one of large-scale killing in many areas across all communities and for a wide variety of reasons, not all of which are religious. Would the Minister say how the very large numbers of UK passport holders in Nigeria—most with dual citizenship and families here—are protected and informed of the situation? Would he also say what priority the establishment of reconciliation will get in the allocation of overseas aid in the new department?

[Lord Ahmad of Wimbledon (Con)]

My Lords, first, I fully align myself with the remarks of the most reverend Primate and pay tribute to him for his tireless efforts on conflict resolution, not just in Nigeria but around the world. As he knows from our discussions, I share many of the views that he has articulated. On his specific questions, we are developing a new conflict, security and justice programme, which aims to reduce levels of violence through the development of more effective conflict-management systems, working in conjunction with key partners on the ground. On the issue of British nationals, apart from the focus on conflict management, we continue to update travel advice to inform British nationals intending to travel to Nigeria, providing, in particular, specific travel advice for different states within Nigeria.

[Lord Farmer (Con)]

My Lords, the Government continue to downplay the scale of the suffering endured by Christians in central belt states. Ministers refer to attacks by Fulani herders as

“a consequence of population growth”.—[Official Report, 11/7/19; col. 1958.]

They have also referred to them as a consequence of “land and water disputes”. This does not reflect the reality on the ground, identified by local observers as a campaign of ethno-religious cleansing. Will the Minister ensure that the Government revisit the characterisation of this violence to acknowledge the significance of the perpetrators’ ferocious ideology?

[Lord Ahmad of Wimbledon (Con)]

First, I assure my noble friend that, as he will know, the Government fully endorsed an inquiry into Christian persecution, and we are carrying out every single recommendation that my right honourable friend the Prime Minister agreed. We will continue to work with the Bishop of Truro, who oversaw that particular inquiry. I share his concern that, yes, any conflict in Nigeria is exploited. Unfortunately, as I said in my original Answer, it is exploited by those divisive voices who erroneously use religion to divide people, and we will continue to condemn all acts of violence, particularly those against Christians and other communities in Nigeria and, indeed, elsewhere.

[Lord Curry of Kirkharle (CB) [V]]

My Lords, I also thank the noble Baroness, Lady Cox, for her commitment to this cause. The all-party group report is a stark warning. What are we are doing in the UN Security Council to prioritise these serious concerns—which now appear endemic in Nigeria—and to seek a resolution that significantly enhances the security given to communities at risk of attack? Can the Minister reassure the House that we are actively pursuing this in the United Nations?

[Lord Ahmad of Wimbledon (Con)]

My Lords, I assure the noble Lord that we continue to look at the issue of the freedom of religion or belief with partners in the UN. Indeed, I am currently working towards a possible resolution, or certainly a debate, during our presidency, on freedom of religion or belief—in which I am sure Nigeria will feature.

[Lord Anderson of Swansea (Lab)]

My Lords, it is clearly beyond the capacity, or perhaps the will, of the Government of Nigeria to end the conflict and ethnic cleansing. Have they sought any external advice or assistance from the Commonwealth or the British Government, and are we prepared to act if our advice is sought?

[Lord Ahmad of Wimbledon (Con)]

My Lords, we are working with the Government of Nigeria, and with NGOs and faith NGOs on the ground, such as Christian Aid and the Catholic Agency for Overseas Development, to support communities--particularly those that have been displaced--and we will continue to do so.

[Baroness Northover (LD) [V]]

My Lords, Amal Clooney has just resigned as envoy on media freedom because of the Government’s statement that they may not respect an international treaty that they have just agreed and signed. What challenge does this situation pose for the Minister as he makes the UK’s case for media freedom and freedom of religion and belief, including in relation to Nigeria, at UN bodies and elsewhere?

[Lord Ahmad of Wimbledon (Con)]

My Lords, I remain resolute in standing up against human rights abuses in whichever forum I attend, and will continue to do so on behalf of Her Majesty’s Government.

[Lord Polak (Con)]

The singer Yahaya Sharif-Aminu has been sentenced to death by hanging in the northern state of Kano. Will the Minister contact the Nigerian Government to ensure that due process is followed? Although there is a ban on FGM in Nigeria, with girls out of school due to Covid the risks to 10 to 15 million girls are extremely high. The failure to help end FGM will deepen poverty and create more insecurity. Will the Minister agree to meet the Five Foundation and Nimco Ali to discuss this and ensure that funding from the FCDO for ending FGM reaches programmes that will have a real impact on achieving this important aim?

[Lord Ahmad of Wimbledon (Con)]

Let me assure my noble friend that I agree with both points he has raised about this issue with regard to that case. I will follow that up and take the meeting that he has proposed.

[Lord Collins of Highbury (Lab)]

My Lords, will the Minister also comment on another individual case, that of Mubarak Bala, president of the Nigerian humanist association, who has been held on blasphemy charges since April? He has not had access to a lawyer or been allowed family visits since being arrested. I know that the noble Lord is aware of this case, because it was raised at ministerial level back in May or June. What steps is the noble Lord taking to ensure that Mubarak Bala is given access to his legal team? If there is to be any justice at all, this arbitrary detention for 87 days without charge must end.

[Lord Ahmad of Wimbledon (Con)]

My Lords, I agree with the noble Lord and I am fully aware of the case. We continue to make representations and to ensure that Mr Bala gets the access mentioned by the noble Lord.

[Lord Alton of Liverpool (CB)]

My Lords, will the Minister comment on two urgent matters about which I have given him prior notice? The first is the targeted slaughter of Igbos and occupation of their villages in south-east and southern Nigeria by jihadist Fulanis and mercenaries. The second is the repeated interrogation of and death threats directed at Dr Obadiah Mailafia, an economist and former deputy governor of the Central Bank of Nigeria, after he publicly exposed state collusion with Fulanis in ethnic and religious cleansing in southern Kaduna and the Middle Belt?

[Lord Ahmad of Wimbledon (Con)]

My Lords, on the noble Lord’s first point, we will continue to call for a full investigation to hold the perpetrators to account, and to implement long-term solutions, particularly, as the noble Lord mentioned, in relation to people in the south-east of the country. On Dr Obadiah Mailafia, the former deputy governor of the central bank, we have already touched on media freedom, and it is vital that we stand up for the importance of individual media freedom. When freedom of expression is restricted or under threat, human rights are generally challenged. I assure the noble Lord that we will continue to engage on this case and others like it.

[The Deputy Speaker (Lord Lexden) (Con)]

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

Taiwan

Lord Ahmad of Wimbledon Excerpts

Thursday 17th September 2020 Lords Chamber

[Baroness D'Souza]

To ask Her Majesty’s Government what assessment they have made of reports of the presence of the Chinese Air Force in Taiwan’s airspace; and what steps they are taking to support the independence of that country.

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

My Lords, the United Kingdom is concerned by any activity that risks destabilising the cross-strait status quo. All sides should refrain from taking provocative actions and resolve their differences through peaceful dialogue. Our long-standing policy on Taiwan has not changed; we have a strong, unofficial relationship with Taiwan based on dynamic commercial, educational and cultural ties.

[Baroness D'Souza (CB) [V]]

I thank the Minister for his response. China clearly rejects international rules and values, as evidenced by events in Hong Kong, on the Sino-Indian border and in the South China Sea, and, most recently, by its repeated aggressive incursions into Taiwan’s airspace. Does not the UK’s reluctance to provide Taiwan with overt political, diplomatic and trade support indicate tolerance for China’s expansionist policies, with particular reference to Taiwan?

[Lord Ahmad of Wimbledon (Con)]

My Lords, we remain very strong in ensuring that, on the basis I have already outlined, we continue to strengthen our wide range of exchanges with Taiwan, including in relation to trade. Where the recognition of a state is not a prerequisite to any involvement or engagement in international bodies, we have stood up for the right of Taiwan to be part of those discussions—we are very much in favour of that.

[Lord Blencathra (Con)]

Will my noble friend the Minister condemn this further blatant act of aggression by the communist regime in China of threatening its neighbours and stealing islands in the South China Sea? Will he work with all other free, democratic nations to strengthen the military commitment to Taiwan and make it clear that Taiwan is an independent country and not part of the People’s Republic of China?

[Lord Ahmad of Wimbledon (Con)]

My Lords, as I have already outlined, we have repeatedly stood up on the basis of our relationship with Taiwan. On the actual challenges that Taiwan faces in the context of China, we consider that the Taiwan issue is one to be settled peacefully by the people on both sides of the Taiwan Strait. Again, I reiterate to my noble friend that we call out where there are issues of disagreement with China, and anything that seeks to destabilise the current status quo in the Taiwan Strait is a matter of concern for Her Majesty’s Government.

[Lord Kilclooney (CB)]

My Lords, increasingly China is exercising its economic, military and political influence, as has been mentioned, in the South China Sea, India, Australia and of course Hong Kong, and in some nations in Africa and Latin America. Is it not time that there was a joint meeting of the United States, the European Union and the United Kingdom to agree a joint policy towards China before there is a horrible incident?

[Lord Ahmad of Wimbledon (Con)]

My Lords, there are many areas of concern, which I have outlined from the Dispatch Box, in China’s recent behaviour and its exercising particular policies and programmes within the context of the South China Sea, to which the noble Lord referred. We have discussed several times in the Chamber, and I am sure will continue to, the recent concerns we have had over the actions it has taken through the security law in Hong Kong and the continued issue of human rights in mainland China, particularly with regard to the Uighurs. These will remain the subject of discussions with our allies, close friends and partners, as the noble Lord suggests.

[Lord Collins of Highbury (Lab)]

My Lords, the continued campaign to isolate Taiwan by the People’s Republic is limited not just to economic and military issues. There is, obviously, the response by the WHO. Of course, at the time of this pandemic, it is really important that Taiwan is able to input its response into the WHO. We need to ensure that this campaign of isolation does not continue. While I am on the subject of the WHO, what further has the Minister done to raise with it the clear evidence of forced organ harvesting in China? Will the UK argue for an end to self-assessment and a move towards independent verification?

[Lord Ahmad of Wimbledon (Con)]

My Lords, on the noble Lord’s second point, concerns have been raised with the World Health Organization on the issue of organ harvesting. I know the noble Lord is aware that the evidence does not comply with action in this regard, but I am sure that we will return to those discussions.

On the initial question about the World Health Organization and World Health Assembly, we continue to lobby in that respect. This is an organisation where the criteria that I outlined earlier about statehood not being a prerequisite applies. Given the performance of Taiwan in dealing with the Covid-19 crisis, I think that it has an important contribution to make in this regard.

[Baroness Northover (LD)]

My Lords, the US Mission to the UN has tweeted that the UN

“was founded to serve … all voices”

in the world, and that

“Barring … Taiwan … is an affront not just to the … Taiwanese people, but to UN principles.”

Does the Minister agree?

[Lord Ahmad of Wimbledon (Con)]

My Lords, as I have just said in my previous answer, we regard the relationship with Taiwan as an important one bilaterally. Equally, we believe that Taiwan has a role to play in international organisations where statehood is not a prerequisite. In the current pandemic of Covid-19, Taiwan’s response shows that it can make a valuable contribution. Therefore, we hope that in November, for example, at the World Health Assembly, it is allowed to attend as an observer.

[The Lord Bishop of Southwark]

My Lords, this country has recognised the Government in Beijing as the legitimate authority in China since January 1950, with a very distinctive status, as the Minister has acknowledged, for Taiwan, which should be discussed peacefully between the authorities in Taipei and those on the mainland. I am glad to hear about the Minister’s lobbying in connection with the World Health Organization. Would he care to comment on this pattern of marked aggression by the current Chinese Government, which has sought to limit options for people at home and abroad and is so damaging?

[Lord Ahmad of Wimbledon (Con)]

My Lords, the right reverend Prelate is right to raise the importance of a peaceful discussion on the issue of Taiwan between people on both sides of the Taiwan Strait. I agree with him. Increasingly we have seen human rights issues where China is concerned, and I have spoken on that from the Dispatch Box. Our relationship with China is a strategic one, but that does not prevent us from calling out human rights abuses when they occur.

[Lord Mackenzie of Framwellgate (Non-Afl) [V]]

My Lords, does the Minister accept that any representations that the UK makes in relation to the violation of Taiwan’s airspace by the PRC exemplify the unnecessary weakening of the UK’s authority and soft power brought about by the Government’s cavalier attitude to the admitted breach of international law by their introduction of the internal market Bill, which seeks to alter the provisions of the withdrawal agreement entered into with the European Union and signed by the Prime Minister?

[Lord Ahmad of Wimbledon (Con)]

My Lords, on the noble Lord’s latter point, I think my right honourable friend the Prime Minister clarified the intent behind the internal market Bill. On the substance of the noble Lord’s question in general, we continue to defend the rights of people around the world, including those in China, where human rights abuses occur and where there are international agreements, as we have talked about before. On the agreements between China and the United Kingdom on Hong Kong, we will continue to lobby to ensure that “one country, two systems” is sustained going forward.

[Baroness Garden of Frognal (LD)]

My Lords, I recently had the pleasure of visiting Taiwan with the noble Baroness, Lady D’Souza, and the noble Lord, Lord Best. I found there a proud, flourishing, democratic country, constantly bullied and threatened by China. Inexplicably, the UK does not recognise Taiwan. What steps have the Government actually taken to remonstrate with China over the recent unprovoked belligerence, and all the other petty measures that it regularly takes to try to intimidate its neighbour?

[Lord Ahmad of Wimbledon (Con)]

My Lords, I agree with the noble Baroness about the vibrancy of the democracy. My right honourable friend the Foreign Secretary congratulated the president on her election at the time. I share the noble Baroness’s concern: whether we are talking about Taiwan or Hong Kong or mainland China, these are deeply concerning issues and we continue to raise them bilaterally, and where necessary in multilateral fora, to ensure that the issues can be addressed quite directly.

[Lord Rogan (UUP) [V]]

My Lords, I am sure that the whole House is united in its condemnation of China’s incursions into Taiwanese airspace, which are clearly acts of provocation. Have Her Majesty’s Government made their opposition to these actions clear to the Chinese ambassador in London? What consideration has been given to supporting Taiwan in strengthening its military defences as a means of demonstrating our revulsion at Beijing’s arrogant aggression?

[Lord Ahmad of Wimbledon (Con)]

My Lords, I can reassure the noble Lord on any attempt to impact the status quo. I say again what I said before: the issue of Taiwan is one to be settled peacefully for both sides. It is important for China to sustain and retain its objective of settling any disputes with Taiwan in a peaceful manner and in the interests of people on both sides of the Taiwan Strait.

[The Deputy Speaker (Lord McNicol of West Kilbride) (Lab)]

My Lords, the time allocated for this Question has elapsed.

Treaty Scrutiny: Working Practices (EUC Report)

Lord Ahmad of Wimbledon Excerpts

Monday 7th September 2020 Grand Committee

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

My Lords, I join other noble Lords in thanking the noble and learned Lord, Lord Goldsmith, the noble Baroness, Lady Taylor, and the noble Earl, Lord Kinnoull. I am going to say something which I have probably never said before in your Lordships’ House: I agree with the noble Lord, Lord Foulkes. He described these parliamentary reports as “excellent”. I fear that that is where our agreement may come to a very Lord-like difference of opinion. I am, nevertheless, truly grateful to noble Lords for their insightful contributions to this excellent debate. I also echo the sentiments of other noble Lords in acknowledging the sterling work done by my noble friend Lord Boswell during his tenure.

I thank all noble Lords present, all committees and staff for their excellent work in the production of these reports. The noble Lord, Lord Inglewood, reminded the Committee that, whatever the new norm will be, life has changed. It is, therefore, a particularly strong testament to everyone involved that in the same 12 months that these reports were produced, Parliament has established a dedicated treaty committee, with the noble and learned Lord, Lord Goldsmith, as an exemplary chair. I welcome my early engagement with that committee.

I know the noble Lord, Lord McNally, well. One of my first jobs in government was to serve as his Whip. Those who have seen the noble Lord perform at the Dispatch Box will appreciate my great skill in ensuring that the words “Keep Calm and Carry On” were regular reflections of the exchanges that we had. I hope that, if I am not able to directly answer all the comments in the course of my remarks, I shall be able to provide the level of warm reassurance that the noble Lord mentioned.

The production of these reports is testament to the magnitude of the issue being considered today: how the United Kingdom negotiates and concludes our international treaties. As always, I listened very carefully from the outset. The noble Lords, Lord Whitty and Lord Foulkes, and my noble friend Lord Balfe talked about how the committee itself should be governed and operate. I noticed that there was a difference between my noble friend’s perspective and what the noble Lords, Lord Whitty and Lord Foulkes, suggested on whether it should be a Joint Committee. As I am sure noble Lords will acknowledge, this is very much for Parliament itself. I engage directly with the Joint Committee on Human Rights in my capacity as Human Rights Minister and the Government look forward to working with any scrutiny mechanisms established by Parliament within the CRaG framework. I also welcome the International Agreements Sub-Committee, established in April this year.

It would be remiss of me not to pick up on the points made by the noble Baroness, Lady Northover, about the recent remarks that have been made and where we currently are in negotiations with our EU partners. In reflecting on the excellent contribution of my noble friend Lady Noakes, the noble Baroness said that my noble friend was looking at the past. I fear that my noble friend was attempting to remind noble Lords of the present: where we are today. We have left the European Union and therefore it is important, as the UK moves forward, to recognise that we will have full control of our treaty policy.

It is also right that Parliament takes a heightened interest in how the Government conduct their treaty negotiations. That has been reflected in the excellent debate today. We are at a crucial juncture in our constitutional order, and at this early stage I recognise that strong governance, as the noble Lord, Lord Collins, reminded us, is vital. Our actions this year will set a precedent for the UK’s international agreements long into the future. However, the constitutional balance, which my noble friend Lady Noakes mentioned in her remarks, also requires us to be cautious about not tying the Executive’s hands.

The three reports considered today recognise that treaty-making is, of course, a function of the Government, subject to appropriate parliamentary scrutiny. That scrutiny is provided for, as all noble Lords acknowledge, in the Constitutional Reform and Governance Act 2010, which enshrines the principles of parliamentary accountability in our international treaty relations. In the Government’s response to the previous reports—I say to the noble and learned Lord, Lord Goldsmith, that I too hoped that we would have published my response to the report, but I hope we will issue it very shortly—we fully acknowledged the case for improving processes around the way the Act is implemented to ensure effective parliamentary scrutiny.

The noble Baronesses, Lady Donaghy and Lady Northover, and the noble and learned Lord, Lord Goldsmith, among others mentioned the CRaG Act. They also recognised the reforms that have taken place. As we know, the Act is barely 10 years old. The fundamental nature of treaties has not changed significantly in that time and it is the Government’s view that CRaG respects the balance between the need for parliamentary accountability and the fundamental right of the Executive to negotiate for the UK internationally, exercising their powers under the royal prerogative. The rule is a result of centuries of constitutional practice, as we have heard, and it serves an important function. The Constitutional Reform and Governance Act allows the United Kingdom to speak clearly, with a single voice as a single actor under international law.

As noble Lords will also understand, negotiating a treaty is an art. However, I also acknowledge the contribution from my noble friend Lord Moynihan, who importantly reminded us of the strength and skills in our own parliamentary democracy, particularly—I add with perhaps a degree of bias—the expertise that we find in your Lordships’ House. At some stage, though, in the negotiations themselves, both sides will have to offer compromises. I am sure, however, that many noble Lords will recognise that these compromises are best kept in reserve. I was in business for more than 20 years prior to joining the Government, and I learned that all negotiations require the need for big sleeves. Announcing your position in advance often risks giving your negotiating partner the upper hand. Sometimes, of course, confidentiality—which many noble Lords mentioned—will be key. We are, of course, reminded of the Good Friday agreement.

However, if we are too prescriptive in the requirements that we make around CRaG, we risk tying our negotiators’ hands. Negotiators must be equipped to represent the national interest to the best effect. Equally, however, I respect the necessity, as has been said today, that they remain mindful of Parliament’s interests. As any Minister negotiating a treaty will be aware, the importance of Parliament’s role cannot in any way be ignored. Knowing that Parliament can resolve itself against ratification or may need to pass implementing legislation is an important consideration during the course of negotiations and in engaging with Parliament under CRaG.

The issues of CRaG, its reform and how Parliament moves forward with scrutiny were also matters of much debate in this regard. In the time I have I will pick up on some of the specific questions that were asked about the Government’s current position. As I already said, further details will emerge from the formal response that the Government will issue to the noble and learned Lord, Lord Goldsmith.

What has changed since CRaG was adopted, though, is the level of public interest now that the UK has control of its treaty policy, as the noble Earl, Lord Kinnoull, highlighted. I say to the noble Earl, Lord Sandwich, the noble Baroness, Lady Smith, and others that the Government welcome this increased interest. We accept that this justifies increased engagement and information within the CRaG framework whenever possible. As I said, this will vary at times due to individual negotiations but could include engagement through the negotiation process before an agreement is formally laid before Parliament under the Act.

The noble Baroness, Lady Bowles, also talked of the importance of parliamentary scrutiny. The Government acknowledge that, and I add that we also believe that parliamentary scrutiny does not necessarily end with ratification. I assure noble Lords that the Government are committed to publishing all treaty amendments, not just those that require ratification and thereby trigger CRaG. Likewise, for other implementations, derogations or withdrawals, we look forward to working with the International Agreements Sub-Committee to provide transparency effectively and appropriately.

On living up to these commitments, our response has to date focused on the important issue of trade deals—an area where there has been significant recent interest, for understandable reasons. I am pleased to note the positive response to the bespoke approach of colleagues in government, particularly those in the Department for International Trade, in this respect. This point was acknowledged by several noble Lords. Its regime of engagement and transparency allows for effective scrutiny of trade agreements. I suggest to the noble Baroness, Lady Bennett, and reassure the noble Lord, Lord Bilimoria, that we have seen through the recent compressive publications before negotiations—whether with the US, Japan, which the noble Lord, Lord Bilimoria, mentioned specifically, Australia or New Zealand—that the DIT, as well as other departments, will continue to keep Parliament informed through regular updates on negotiation progress.

In addition, the Government will also seek to allow time before finalising a new free trade agreement and laying it before Parliament under CRaG. That will allow the relevant scrutiny committee to produce an independent report. This open and detailed process will help Parliament and the public understand the agreement and its implications. This reflects the Government’s continued commitment to transparency.

I will pick up on some of the specific questions. The noble and learned Lord, Lord Goldsmith, and other noble Lords mentioned the 21-day timescale. In this regard, the Government commit to continue the regular constructive meetings between officials and those in the committees. In addition, it might be appropriate in certain cases for the Government to share a signed or initial treaty text with the relevant Select Committee or the IAC in advance of laying formally under CRaG to help the committee manage its scrutiny workload. This is especially appropriate for the FTAs, as I mentioned, and the Government will seek, as I said, to allow time between finalising a new FTA and laying it before Parliament under the CRaG procedure. The noble and learned Lord asked specifically about the timescales, as did the noble Baroness, Lady Taylor, and the noble Earl, Lord Kinnoull. The Government will consider the use of Section 21 of CRaG, whereby Ministers can extend 21 sitting days where appropriate.

Another issue that came up from several noble Lords was MoUs. This was a matter of discussion between me and the committee during our exchanges. As noble Lords reminded us, MoUs are used where it is appropriate to include a statement of political intent or political undertaking. In general terms, MoUs are drafted in non-legally binding language to reflect political commitments. They are not binding as a matter of international law and are not published or laid before Parliament as a matter of government practice. Particular elements of this, including the Ponsonby rule, were covered by the noble Lord, Lord Beith, and the noble Baroness, Lady D’Souza. In situations where MoUs raise questions of public importance, it might be appropriate for the Government to draw such matters to Parliament’s attention; for example, by way of a Written Ministerial Statement. Other measures are available to Ministers, as my noble friend Lady Noakes reminded your Lordships. However, it is not the Government’s intention routinely to submit MoUs for scrutiny.

The issue of devolved Administrations approving treaties that affect devolved issues was raised by the noble Baronesses, Lady Taylor and Lady Donaghy, and the noble Lords, Lord Bilimoria and Lord Collins, among others. The United Kingdom Government recognise that the devolved Administrations have a strong interest in international policy-making in relation to devolved and reserved matters that impact on the distinct interests of Scotland, Wales and Northern Ireland. I assure noble Lords that the Government remain committed to working constructively with the devolved Administrations to facilitate the effective implementation of our international obligations.

The noble and learned Lord, Lord Goldsmith, and the noble Lord, Lord Wallace of Saltaire, mentioned ways of scrutiny in other countries. My noble friend Lord Lansley also reminded us of the importance of scrutiny. As I have said, the Government welcome the establishment of the IAC and will engage quite directly. In preparation for this debate, I looked at some of the measures deployed by other countries. JSCOT, the Australian scrutiny committee, has a sifting mechanism—the noble and learned Lord mentioned this—and we see its value. It is in the Government’s interest to ensure that the most qualified committees scrutinise relevant treaties. Whereas under CRaG we allow 21 days, it is my understanding that the Australian committee currently has 15 days to scrutinise a particular treaty.

Human rights were also rightly raised—the noble Baroness, Lady D’Souza, and the noble Earl, Lord Sandwich, talked of their importance. I assure noble Lords that none of the 20 continuity trade agreements already signed has reduced standards in any area. As my right honourable friend the Prime Minister outlined in his Greenwich speech, we remain committed to upholding high environmental, human rights and labour standards. The recent merger of the Foreign and Commonwealth Office with the Department for International Development aligns the importance of our values agenda with our development policy. For example, when transitioning the EU deal with the Republic of Korea, we agreed a joint statement on human rights within a separate political declaration signed by our ambassador and the vice-Minister for Foreign Affairs in Seoul. That was published on 21 August 2019. More widely, the Government have already committed to set out in Explanatory Memoranda whether there are any significant human rights implications so that departments consider the human rights implications of all treaties.

The noble Baronesses, Lady Taylor and Lady Northover, the noble Lords, Lord Beith and Lord Whitty, and my noble friend Lord Lansley mentioned the importance of confidential briefings. The IAC report specifically acknowledged the limits of sharing confidential information regarding FTAs. The Government have a responsibility to protect UK interests in our international negotiations and to ensure that we do not release information that would undermine our negotiating position or our partners’ legitimate expectations of confidentiality. I know that noble Lords agree on this important principle. However, in line with our commitment to transparency and to aid parliamentary scrutiny, we have already seen our DIT colleagues share information where appropriate with the IAC on a confidential basis to keep it apprised of our FTA negotiations. Likewise, the Government will assess whether to give confidential briefings on a case by case basis.

I am coming to the end of my time. In acknowledging the excellence of the debate we have had, and the debate that I am sure will continue, I give a continued commitment in my capacity now as Minister of State at the Foreign, Commonwealth and Development Office to engage. I underline that the Government value parliamentary scrutiny and look forward to engaging closely with the committee in this respect. I assure all noble Lords that no one doubts that Parliament’s role is to hold Ministers to account. Equally, I am sure that all noble Lords recognise that the Government have a responsibility to secure the best outcome when it comes to the national interest in our international negotiations.

One yardstick by which the country will be measured going forward is our record as a sovereign and independent nation on negotiating and concluding new treaties that reflect our new status. Therefore, there is a balance to strike, as I would say to the noble Lord, Lord Collins. But let me assure noble Lords that we believe that the framework of the CRaG continues to strike that balance. With the additional engagement that I have outlined today, which of course will be detailed in response to the noble and learned Lord’s report, I believe that we will be able to provide more reassurance to all noble Lords about the Government’s commitment to transparency and to work with the committee in a constructive and progressive way.

With the additional engagement and information-sharing measures that I have outlined this afternoon, I hope that I have provided a degree of those warm words for the noble Lord, Lord McNally, among others, with the added reassurance that the Government remain absolutely committed to working with Parliament for the effective scrutiny of our international agreements and obligations.

Foreign, Commonwealth and Development Office

Lord Ahmad of Wimbledon Excerpts

Thursday 3rd September 2020 Lords Chamber

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

My Lords, I regret that I totally disagree with the noble Lord. The coming together of the two departments as a merger will strengthen the global reach of our development capacity and capabilities. Yes, I can confirm our continued commitment to the 0.7% target. It was a Conservative-led coalition Government who brought that into law.

[Lord Bruce of Bennachie (LD) [V]]

I urge the Government to make an early statement of coherent development policy objectives for the new department. I am glad that the Minister has reaffirmed the 0.7% but the Government have given conflicting messages on this issue, implying that the already slashed budget may be diverted elsewhere. The Secretary of State gave an evasive answer to my colleague Layla Moran yesterday, so I am glad that the Minister here has given a straight answer today. The workload of monitoring development and working with ICAI is surely beyond the effective capacity of one committee, so will the Government recognise that we need a dedicated committee to deal with this, which happened when the ODA was within the Foreign and Commonwealth Office in the time of the noble Baroness, Lady Chalker?

[Lord Ahmad of Wimbledon (Con)]

Parliamentary committees are very much a much a matter for Parliament, but certainly my right honourable friend the Prime Minister’s view is that they should reflect departments. The noble Lord mentioned ICAI and that will continue, although this provides an opportunity to review its governance and ensure that it is fully aligned with the new department.

[Lord Jay of Ewelme (CB) [V]]

My Lords, there is a lot in the Statement about global Britain. Does the Minister agree that in the eyes of both the developed and the developing worlds, the success of global Britain will depend on the maintenance of a high-quality global aid programme? Will he once again scotch rumours of a raid on the 0.7% target by other departments?

[Lord Ahmad of Wimbledon (Con)]

My Lords, I reassure the noble Lord, a former PUS to what was the Foreign Office, that I have already given a commitment to the 0.7% target. Yes, global Britain is about our development leadership and our diplomacy, and the FCDO brings the two together.

[The Deputy Speaker (Lord Bates) (Con)]

I call the noble Baroness, Lady Hooper. She is not there, so I call the noble Lord, Lord Boateng.

--- Later in debate ---

[Lord Ahmad of Wimbledon (Con)]

One of the great and obvious advantages of our parliamentary system is the scrutiny that the noble Lord alludes to, and I am sure that that will continue through Statements, Questions, Urgent Questions and so on. However, I assure him that, not just through the creation of the new department but through the integrated review, our international capabilities will be very much aligned through the FCDO and the Ministry of Defence.

[Lord Harries of Pentregarth (CB) [V]]

On 16 June, the Prime Minister said that the guiding principle of the new department would be promoting the UK’s national interest overseas. Does the Minister agree that, at least in theory, there could be the possibility of a clash between promoting that national interest—for example, by supporting a prestigious project which has been much wanted by the beneficiary Government—and supporting the most vulnerable communities in that country? If there is the possibility of this clash, what monitoring process will be in place to really ensure that those most vulnerable communities are not pushed aside?

[Lord Ahmad of Wimbledon (Con)]

My Lords, the noble and right reverend Lord has talked to two sides of the same coin. I think that our national interest reflects the importance of investing in the interests of the most vulnerable communities, of looking at responding to humanitarian challenges as we see them, and of alleviating poverty and famine. Those will very much remain priorities for this new department.

[Baroness Armstrong of Hill Top (Lab) [V]]

Do the Government recognise that one reason that this country has done well internationally is precisely that DfID has been outside the FCO? Four out of five of the fastest-growing economies last year were in Africa, and many of those countries really appreciated that we had moved from the department that they associated with colonialism to one that was focused on their needs and on working in partnership with them. What criteria for success will the Government have for development in the new department?

[Lord Ahmad of Wimbledon (Con)]

My Lords, in advance of the announcement of the new merged department but also during the current pandemic, this Government have repeatedly outlined, and put money behind, their priority of standing up for the most vulnerable. The Gavi summit, led by my right honourable friend the Prime Minister, was a very good example of that. I assure the noble Baroness that the work that DfID has done over many years is recognised, and we are now leveraging the full potential and strength of our development leadership alongside the strength of our diplomatic network.

[Baroness Helic (Con) [V]]

My Lords, the Preventing Sexual Violence in Conflict Initiative was given an amber/red score in the latest review by the Independent Commission for Aid Impact, which raised concerns about the lack of funding, strategic planning and long-term programming. Will the Government ensure that the Preventing Sexual Violence Initiative is put at the heart of the work of the new department and that the initiative receives all necessary support so that the United Kingdom meets the commitments that we made at the 2014 global summit?

[Lord Ahmad of Wimbledon (Con)]

My Lords, as the Prime Minister’s Special Representative on Preventing Sexual Violence in Conflict, I assure my noble friend that this remains very much at the heart of our work. As I have mentioned to her previously, I am keen to ensure that there is a long-term, three-year rolling strategy that ensures that we build on what we have achieved on this important agenda.

[Baroness Uddin (Non-Afl) [V]]

My Lords, I echo the words of the noble Baronesses, Lady Armstrong and Lady Helic; I agree with them entirely. The Minister will be aware that Bangladesh is struggling in dealing with the Rohingya refugees. I hope that commitment from the new department will continue. Is he also aware of the work of University College Hospital? Its CPAP campaign is working with Bangladesh, preparing to provide, immediately, very cost-effective ventilators, which Bangladesh very much needs. Would the Minister consider meeting with me and the team at UCL to discuss this and find a way to support this programme?

[Lord Ahmad of Wimbledon (Con)]

My Lords, let me assure the noble Baroness that I would be happy to meet with her and the team. Let me add to this the reassurance that during the current pandemic, as the Minister responsible for south Asia, I have been working very proactively with both the Government of Bangladesh, as well as other Governments across south Asia—as my colleagues have in other parts of the world—to ensure that our response to the Covid pandemic does reflect the needs the most vulnerable around the world. I look forward to meeting with the noble Baroness in due course, and I have received her correspondence in this respect.

[Lord Polak (Con)]

My Lords, I declare my interests as stated in the register.

The Statement concludes that the new FCDO will project the UK as an ever-stronger force for good in the world. “Good” would mean supporting our US allies in extending the arms embargo on the terror-sponsoring Iranian regime. “Good” would mean not only wholeheartedly and unconditionally welcoming the UAE-Israel agreement but also helping to build on it. “Good” would also mean consistently voting in the right camp at the United Nations, and ensuring that our generous aid to the Palestinians is rechannelled directly to the Palestinian people, because we know that so much of it is being misused and misappropriated. Can I therefore ask the Minister whether the new department will acknowledge where mistakes have been made and correct them? Then, we can indeed project the UK as an even stronger force for good in the world.

[Lord Ahmad of Wimbledon (Con)]

My Lords, I agree with my noble friend, that it is important that we talk about our role as a force for good. As Minister for Human Rights, I believe that the merger of the Foreign Commonwealth Office with the Department of International Development allows us to directly align our values agenda with the important support we give to the most vulnerable communities around the world. The noble Lord mentioned, in particular, the recent agreement reached between the UAE and Israel. He knows that I welcome that, and I know the UK Government have welcomed that, as forward progress in reaching out and ensuring that we see lasting peace in the Middle East. It is an important step forward. On the issue of the UN and the United Kingdom’s consistency of statements, as he will be aware, we have, for example, strengthened our position on the Human Rights Council. I agree with my noble friend: not only the Palestinian people but any recipient of aid, anywhere in the world, must be the direct beneficiary. Where there are shortcomings, and things need to improve, we will do just that.

House adjourned at 6.33 pm.

Global Human Rights Sanctions Regulations 2020

Lord Ahmad of Wimbledon Excerpts

Wednesday 29th July 2020 Lords Chamber

Moved by

[Lord Ahmad of Wimbledon]

That the Regulations laid before the House on 6 July be approved.

Relevant document: 23rd Report from the Secondary Legislation Scrutiny Committee

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

My Lords, the regulations before us were laid on Monday 6 July under the powers provided by the Sanctions and Anti-Money Laundering Act 2018. The regulations were made on 5 July.

In his Statement to the House of Commons on 6 July, which was also debated in this House, my right honourable friend the Foreign Secretary set out the Government’s vision for a truly global Britain. He underlined our commitment to being an even stronger force for good in the world—on climate change, as we host COP 26; on gender equality, as we champion 12 years of quality education for every girl in the world; and on human rights, as we defend media freedoms and protect freedom of religion or belief.

These regulations demonstrate that the Government are acting on this commitment. They give the UK a powerful tool to hold to account those involved in the worst human rights violations and abuses around the world. As noble Lords know, the idea of taking targeted action against human rights violators and abusers originated as a cross-party initiative, and the Foreign Secretary has paid tribute to contributions of parliamentarians from all sides. My colleagues and I have been grateful for the strong words of support from all parties upon laying the regulations earlier this month. I am proud that this Government are bringing into force the UK’s first autonomous human rights sanctions regime. I add my personal thanks to Members of your Lordships’ House. We work on this agenda, and we have done so over not just many months but many years, and I am grateful to many noble Lords around the Chamber who I know support the steps the Government are taking and the important issue of standing up for human rights for all around the world. I pay tribute to each and every one of my fellow noble Lords.

I now turn to the purpose of these regulations. As the Foreign Secretary has stated, we have designed these sanctions as a forensic tool which will allow us to target perpetrators and abusers without punishing the wider population of a country. The regulations will enable us to impose travel bans and asset freezes against those involved in serious human rights violations and abuses. The rights in question include: the right to life; the right not to be subjected to torture or cruel, inhuman or degrading treatment or punishment; and the right to be free from slavery, servitude or forced or compulsory labour. The powers also enable us to target the larger network involved in such activities, including those who facilitate, incite, promote, support or profit from these crimes. This extends beyond state officials to include non-state actors.

These regulations are the next step forward in the long struggle against impunity for the very worst human rights violations, and we will continue to explore expanding this regime to include other human rights. We are already considering how a corruption regime could be added to our armoury of legal weapons. In particular, we will look at the UN Convention against Corruption and at practice under existing frameworks in jurisdictions such as the United States and Canada.

For maximum transparency, we have also published a policy note which sets out how we will consider designations under these regulations. The legislation will ensure that due process is followed in relation to designations, reflecting the rigorous process rights contained in the Sanctions and Anti-Money Laundering Act 2018.

In practice, those people designated will be able to request that a Minister reviews the decision and, as a matter of due diligence, the Government will review all designations at least once every three years. As the Foreign Secretary has said, we welcome the ongoing and rigorous engagement by parliamentarians on these important measures. We will continue to report to Parliament, as required under Sections 30 and 32 of the sanctions Act, in order to provide Parliament with regular opportunities to scrutinise the operation of the human rights sanctions. Parliamentarians can, of course, continue to engage with the Government by the usual means, including by writing directly to my right honourable friend the Foreign Secretary.

As your Lordships will be aware, in addition to introducing this new legal regime, the Foreign Secretary has announced the first set of designations under the regulations, targeting individuals and organisations involved in some of the most notorious human rights violations in recent years. These names are published online. Those sanctioned include individuals involved in the torture and murder of Sergei Magnitsky, the lawyer who disclosed the biggest known tax fraud in Russian history. They also include those responsible for the brutal murder of the writer and journalist Jamal Khashoggi; those who are responsible for the systematic and brutal violence against the Rohingya population in Myanmar; and two organisations which bear responsibility for the enslavement, torture and murder that take place in North Korea’s gulags, in which it is estimated that hundreds of thousands of prisoners have perished over the past 50 years.

With these first designations, this Government and this country make it crystal clear to those who abuse their power to inflict unimaginable suffering that we will not look the other way. I will not speculate on who we may target in future, but rest assured that we continue to consider targets, guided by the human rights objectives of the regulations and, of course, the evidence.

In practice, targeted sanctions are most effective when they are backed by co-ordinated and collective international action, so we will work with our Five Eyes partners, in particular the US and Canadian Governments, who already have Magnitsky-style sanctions legislation, as well as the Australian Government, who are considering similar legislation, but we also strongly support efforts to bring into effect an EU human rights sanctions regime, and we stand ready to co-ordinate with our European partners on future measures. I beg to move.

--- Later in debate ---

[Lord Ahmad of Wimbledon]

My Lords, I am extremely grateful to all noble Lords who have participated in today’s debate. As I said in the closing of my opening remarks, I put on record my personal thanks to noble Lords from across the House who I know have been focused on the issues we have discussed today but also, importantly, on the broader issue of human rights. I give my personal commitment to continue to engage, as I did during the passage of the Act in 2018 and subsequently on issues of future designations. I put on record my particular thanks to both Front-Benchers, the noble Lord, Lord Collins, and the noble Baroness, Lady Northover, for their continued support and challenge. I assure noble Lords that they are quite often robust challenges. Nevertheless, it demonstrates both the insights and expertise contained within your Lordships’ House that are so valuable to our thinking.

We have two Lady Kennedys participating today: the noble Baronesses, Lady Kennedy of Cradley and Lady Kennedy of The Shaws. Among others, such as the noble Lords, Lord Bruce and Lord Alton, and my noble friend Lady Altmann, they rightly mentioned specifically the important role of Bill Browder, and I pay tribute to him. It was notable—as I am sure noble Lords observed—that the Magnitsky family was also present at the Foreign Office on the day the first designations and these regulations were laid. We pay tribute to their sacrifices and to the great campaigners; I have the great honour to work alongside the likes of Amal Clooney. I am also grateful in particular to the noble Baroness, Lady Kennedy, for her continued focus and support in this regard.

We have had a wide-ranging debate. We talked about links to the City and, as ever, my noble friend Lord Moynihan talked about the importance of the read-over to other sectors, including sport. Many noble Lords asked about process and designation. In the time I have, I will seek to work through the specific questions raised.

First, I agree with the many noble Lords who made the important point that these sanctions work effectively only when we work with others. I have already mentioned our Five Eyes partnership. I assure the noble Baroness, Lady Smith, that we have robust systems at the Foreign Office through the existing work we do through the Five Eyes partnership to continue to work in co-operation in this regard.

My noble friend Lord Holmes and the noble Baroness, Lady Northover, among others, mentioned the important role of the EU. We will continue to support the development of an EU human rights sanctions regime and we look forward to working in co-operation with all partners.

The noble Lords, Lord Desai and Lord Bhatia, among others, talked about the importance of international human rights law. This regime is totally compatible with international human rights law. I assure the various noble Lords who raised how this will apply that we will use these sanctions without fear or favour. The noble Baroness, Lady Bennett, asked whether we will apply them to friends. The first designations included sanctions on individuals in the Kingdom of Saudi Arabia. We will continue to focus in this respect and I hope the noble Baroness, Lady Ritchie, is also reassured.

We heard from others, including the noble Lord, Lord Anderson, that working with EU partners is not new. The likes of Latvia, Lithuania and Estonia already have such sanctions in place and we will continue to strengthen our work across all countries to ensure that we can apply these regimes consistently and focus on the individuals who abuse human rights.

I will go through some of the specific questions before I get on to countries. The noble Lord, Lord Alton, asked about the process of parliamentary scrutiny. I assure him that we remain very much committed, as we are in the Act through Sections 30 and 32, to the review of our sanctions legislation. The sanctions Act remains the primary legislative vehicle to establish regimes via secondary legislation. I note that the noble Lord said that although it was delayed, he certainly welcomed it.

The noble Lord, Lord Collins, raised scrutiny by committees and mentioned the debate in the other place. We stand ready to engage on all issues. As the process evolves, we will strengthen our processes. We wish to engage directly with committees in this regard.

The noble Lords, Lord Hussain and Lord Bhatia, referred to the human rights report. I assure noble Lords that just because a country is listed as a human rights priority country, it does not mean that such countries alone are the ones that we would look to work on. Clearly, there are partners and friends in those countries. The human rights report is used as a tool to strengthen the role of human rights within countries. While we may sanction individuals and organisations, our battle is not with a country itself or the people of a country. As we have seen from the example of what is happening in Xinjiang, many populations within countries suffer human rights abuses.

The noble Lord, Lord Hussain, asked specifically about Kashmir and India. I assure him that I raise these issues consistently. Indeed, I was on a virtual visit to India yesterday. During various conversations I raised this specific issue.

The noble and learned Lord, Lord Judge, rightly reminded us of the ordinary principles of judicial review. I assure him that administrative reviews of designations will be undertaken in strict accordance with the Act and the regulations. The Act makes it clear that, on any challenge, the court must apply principles applicable to an application for judicial review. I thank the noble and learned Lord for his continued contributions to the statutory provisions as they pass through Parliament. I assure, among others, the noble Baroness, Lady Ritchie, the noble Lord, Lord Loomba, and my noble friend Lord Holmes that we will continue to adhere to the principles of judicial review, as I have articulated.

The noble Lord, Lord Collins, asked about the ISC’s scrutiny role. It is not my job to tell Select Committees or the House what to do, but I have already alluded to the fact that we welcome engagement with various committees.

The noble Baroness, Lady Kennedy of The Shaws, asked about prosecutors, judges and non-state actors. Those involved in human rights abuses and violations sadly include those set up to protect—including prosecutors and judges. If they meet the criteria it will apply to them as well, and to non-state actors.

The noble Lords, Lord Hain and Lord Collins, raised specific countries. The noble Lord, Lord Hain, referred to Zimbabwe and South Africa. Other noble Lords mentioned various countries. I assure your Lordships that we will keep situations of human rights concern under review. Although I have said, and will say again, that it is inappropriate to speculate on future designations, we will continue to focus on the particular cases that noble Lords have raised. I stay ready to engage directly and to take forward discussions in your Lordships’ House and on a bilateral basis.

My noble friend Lord Naseby and others mentioned other countries, such as Sri Lanka. The noble Lord, Lord Browne, mentioned Colombia. I thank all noble Lords for raising specific cases. I assure them that the FCO, as it currently stands—and the foreign, commonwealth and development office that will exist from September—will continue to consider each designation and each case that is raised quite carefully.

The noble Baroness, Lady Smith, and my noble and learned friend Lord Garnier rightly raised the issue of resources. I assure noble Lords that we have a dedicated sanctions unit, and I pay tribute to its incredibly hard work in getting this regime together and on the rollover EU sanctions during the transition period. We are working very closely with geographical leads within government and posts overseas to identify and develop designations. I assure the noble Lord, Lord Alton, that we will continue to work very closely with other partners.

Several noble Lords asked about the scope of the sanctions, including the right reverend Prelate, the noble Baroness, Lady Kennedy, and the noble Lords, Lord Loomba, Lord Collins and Lord Wood. The point was made that the sanctions, as currently announced, have a narrow focus. I assure noble Lords that all rights are equally important, but we want to ensure the success of the sanctions regime by keeping the scope targeted in the first instance. Furthermore, the sanctions regime will support other human rights issues, including imposing sanctions for unlawful killings perpetrated against journalists and media workers. In answer to the right reverend Prelate’s direct question, I can say that they extend to those who abuse freedom of religion or belief. Both these issues—media freedom and freedom of religion or belief—remain government priorities. I hope that the right reverend Prelate is reassured by that.

The noble Baroness, Lady Falkner, talked about anti-money laundering and the City of London. While the Treasury leads overall, as a Government we are committed to ensuring that the UK’s financial system is hostile to all forms of illicit finance.

At this point, I will revert to the issue of corruption. I mentioned in my opening remarks that we have not included corruption within the scope of the regime initially. As I said, we are considering how a corruption regime could be added to the current legal tools that we have, and we are already looking at the UN convention. As the noble Baroness, Lady Northover, reminded us, already Canada and the US have working regimes in this respect, and we are working very closely with them. This was a point of concern raised by other noble Lords, including the noble Lords, Lord Wood and Lord Hain, and the noble Baronesses, Lady Bennett and Lady Falkner. The UK is a global leader in tackling corruption and illicit finance. In 2017, we introduced the ambitious and far-reaching five-year anti-corruption strategy.

A specific point was made about the application of these regulations in the overseas territories. There are processes in place, either through Orders in Council or directly through the OTs themselves, so that they will be able to implement these sanctions regimes.

At this juncture, I want to acknowledge the important work done on human rights by the Council of Europe, as we were reminded about by the noble Lord, Lord Foulkes. He might not remember—it has been a while—but, on joining your Lordships’ House, my first role was as a member of the team at the Council of Europe. I pay tribute to the important work done there—we will continue to work with parliamentarians engaged in that agenda—and at the Human Rights Council. I thank noble Lords for their support in that respect.

The noble Lord, Lord Anderson, and others talked of delays that occurred in introducing the regulations, and he specifically asked about schools and universities. On the delay, as has been mentioned, work was done outside government. I have been involved with the work of government for a few years now and I assure noble Lords that this was a priority when I first joined your Lordships’ House; there are many in government who remain very committed to it. As the noble Lord, Lord Collins, reminded us, it is thanks to the combined efforts of many that we have finally seen this regime introduced. It was appropriate that we took the time to get it right.

Modern slavery was mentioned by various noble Lords. I am sure that many noble Lords in this Chamber and joining us virtually recognise the important role played on the agenda on modern slavery by my right honourable friend the former Prime Minister, Theresa May. She championed this cause as a priority for Her Majesty’s Government. It remains a key issue that we continue to champion on the broader human rights agenda.

As to whether this will apply to schools and universities, asset freezes prevent UK organisations providing funds to a designated person, so the sanctions regime applies to every sector.

My noble and learned friend Lord Garnier and the noble Baroness, Lady Smith, raised the important issue of consultation with NGOs. I work closely with many NGOs on the human rights front. We regularly have meetings with them. There is a body and an advisory group that meets the Foreign Secretary on human rights issues. We will continue to engage with them on a regular basis. I cannot provide a timeline, as I am sure noble Lords will respect, on whether we will be looking at a particular process for future designations every month, every week or every two weeks.

However, I can say that we have the resources available to us and we have strengthened consultations to ensure that we can act—and act swiftly—if needs require. But we will do so most effectively when we work alongside international partners. We value the insights and information that NGOs provide in this respect and intend to set out a clear line of communication. As I am sure noble Lords acknowledged, we have published an information note aimed at NGOs and civil society organisations on the specific issue of dialogue with government.

Finally, on China and Xinjiang, as well as other specific countries, I want to mention this. I have deliberately left it to the end. My noble and learned friend Lord Garnier, the right reverend Prelate, the noble Baronesses, Lady Smith, Lady Kennedy of Cradley and Lady Kennedy of The Shaws, the noble Lords, Lord Alton and Lord Wood, my noble friend Lady Altmann—the list goes on—all rightly focused on the important issue of Xinjiang and the long-term suffering of the Uighur population. Again, while I cannot comment on future designations, let me assure noble Lords that the UK regularly raises its serious concerns about the human rights situation in Xinjiang. This is done both directly with the Chinese authorities, including by the Foreign Secretary raising it directly with his counterpart, and at international organisations, as I have continued to do during our engagements at the Human Rights Council. I assure noble Lords that we will continue to raise these issues. Many noble Lords raised issues around Xinjiang. Let me assure them that the FCO is carefully considering further suggestions for designations under the global human rights sanctions regime.

I have been handed my final slip of this session before the Summer Recess. It says that I am literally out of time—and virtually out of time for those joining us from wherever they may be. It is important, and good, to end by saying that we have had a challenging session because of Covid-19 and the coronavirus. But we end on an issue which reflects the best of what your Lordships’ House is about; how we work together and strengthen relationships on the important priorities that define our country and our values. It is a great honour to be standing here in front of your Lordships to conclude our Session by talking about human rights, and also talking about the important regime which has now come before us. It shows the strong workings across your Lordships’ House and across party divides.

As I outlined in my opening speech, these regulations underline our commitment to be an even stronger force for good in the world. They demonstrate our leadership in the promotion and protection of human rights. They are rightly a priority—and long may they remain so. I thank all noble Lords for their continued support in this respect. I wish them a restive—albeit at-home staycation—Summer Recess. For me the next immediate issue is that it is Eid in a day, and I look forward to spending it with my family.

Motion agreed.

Foreign and Commonwealth Office and Department for International Development: Merger

Lord Ahmad of Wimbledon Excerpts

Monday 27th July 2020 Lords Chamber

[Lord Harries of Pentregarth]

To ask Her Majesty’s Government how the merger of the Foreign and Commonwealth Office and the Department for International Development will enhance the United Kingdom’s ability to help (1) the poorest, and (2) the most vulnerable, communities abroad.

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

My Lords, the new FCDO will be a force for good in the world. Building shared global prosperity, eradicating poverty, tackling climate change, strengthening the international rule of law and global security and promoting free, open societies are all in our national interest. Development will remain central to the new department’s mission. Our commitment to spending 0.7% of our national income on aid is enshrined in law.

[Lord Harries of Pentregarth (CB) [V]]

I thank the Minister for his Answer. Given that the Prime Minister has said promoting the UK’s national interest is at the heart of the new department, does the Minister agree that there is a possibility of real clashes between projects that directly support the nation’s interests and those that might do so in a rather more indirect way? For example, there might be a choice between a big, grandiose project supported by the recipient Government on the one hand and supporting poorer and more vulnerable communities, which supports the UK’s national interests only in a rather indirect way. What mechanism will there be in the new department to ensure that the voices of the poorest and most vulnerable communities are heard when these kinds of clashes arise?

[Lord Ahmad of Wimbledon]

My Lords, my right honourable friend the Prime Minister has made absolutely clear that alleviating poverty and responding to humanitarian crises remains a priority programme in the new FCDO.

[The Lord Bishop of Rochester]

My Lords, in this context will the Minister give assurances that the Government will continue to adhere to their stated commitment to poverty reduction, observing both the letter and spirit of domestic development legislation, including not only the matter the Minister has already mentioned—the 0.7% GDP target—but matters such as independent evaluation of impact and gender equality, and that any deviation from the present pattern will be debated and agreed both here and in the other House?

[Lord Ahmad of Wimbledon]

My Lords, I do not doubt for a moment that we will continue to have various debates on the new FCDO. The right reverend Prelate mentioned gender equality. As he will know, the Prime Minister is a strong advocate. Indeed, since he was Foreign Secretary his mantra has consistently been about 12 years of quality education for all girls around the world.

[Baroness Anelay of St Johns (Con) [V]]

My Lords, in the House of Commons on 30 June, the Foreign Secretary said:

“There has been no sustained pause”—[Official Report, Commons, 30/6/20; col. 144.]


in aid spending. How soon do the Government plan to resume their funding for organisations such as the World Food Programme, which does such vital work to reduce food insecurity in east Africa?

[Lord Ahmad of Wimbledon]

I assure my noble friend, notwithstanding the merger—and I have been directly involved in aligning responsibilities as part of the merger—we continue to retain, sustain and strengthen our commitment to helping the most vulnerable communities around the world and supporting international programmes.

[Baroness Coussins (CB) [V]]

My Lords, will the new FCDO provide funding for projects to combat sexual violence, particularly in Colombia, on a longer-term basis than the one year’s funding generally provided by the Foreign Office now, and with survivors more rigorously involved in programme design? Does the new department plan to host the PSVI conference in 2021, after its cancellation in April this year because of the pandemic?

[Lord Ahmad of Wimbledon]

As the Prime Minister’s PSVI envoy and representative, I assure the noble Baroness that it remains a key priority for Her Majesty’s Government. I am sure she respects the fact that we have to look at the idea of next year for the conference in terms of the coronavirus pandemic and how we can organise any conference effectively. We are already committed to holding the COP 26 conference in November.

[Lord Boateng (Lab) [V]]

My Lords, the Independent Commission for Aid Impact has ensured the highest levels of transparency and aid effectiveness for DfID. Will the Minister give the House a clear undertaking that this will continue in the new department and that it will report to Parliament on the work and effectiveness of the new department?

[Lord Ahmad of Wimbledon]

The FCDO will remain accountable to Parliament in how it spends UK aid. I assure the noble Lord that we remain fully committed to issues of transparency in our aid spending. There will continue to be parliamentary and independent scrutiny of the aid budget.

[Baroness Sheehan (LD) [V]]

My Lords, the development community is in the dark about last week’s cuts to ODA. There was no consultation or notice. Will the Minister write to me with details of the process by which decisions were made and the strong case for keeping ICAI and a dedicated ODA committee for it to work through, as the best arrangement if the Government want to be trusted on their aid commitment?

[Lord Ahmad of Wimbledon]

My Lords, parliamentary committees are very much a matter for Parliament. I disagree with the noble Baroness on consultation. As a Human Rights Minister, I have engaged closely with human rights organisations, and my noble friend Lady Sugg and the DfID Permanent Secretary have been meeting with NGO partners on the development programmes.

[The Duke of Montrose (Con) [V]]

My Lords, my noble friend the Minister gave us a wonderful collection of high-level aims. A neighbour of mine runs a programme through an independent charity in Madagascar, tackling environmental and poverty issues. People at that level want to know whether the Foreign Office will be better able to direct funding down to grass-roots need or whether an even larger proportion of the aid budget will be devoted to international development banks, including the European Development Bank and its like.

[Lord Ahmad of Wimbledon]

My Lords, we remain committed to ensuring that grass-roots organisations, such as the one my noble friend described, continue to be recipients of UK support, because they deliver excellent scope and results on the ground. But the IFIs are also important partners, and we will continue to have their expertise in the new department.

[Lord Collins of Highbury (Lab)]

My Lords, I return to the issue of transparency. The fact that a 20% ODA cut was announced on the last day that the Commons sat does not give us confidence about the future of transparency. I ask the noble Lord for a direct personal commitment: is he personally committed to retaining ICAI, which ensures that ODA is effectively spent? Will he personally support an ODA Select Committee that would ensure full parliamentary scrutiny in the future?

[Lord Ahmad of Wimbledon]

My Lords, the new department carries the word “development” for an important reason, because development will continue to be a focus. The Government will remain accountable and transparent in our dealings on ODA, through parliamentary scrutiny and by answering Parliamentary Questions, as I am today. As I have already said to the right reverend Prelate, we will continue to return to the subject when the new department comes online in September.

[The Earl of Sandwich (CB) [V]]

My Lords, a £2.9 billion aid cut and an inevitably costly merger are bound to hurt the poorest. Can the Minister at least reassure us that—[Inaudible.]

[Lord Ahmad of Wimbledon]

I did not catch the full question; I will write to the noble Earl on the specifics.

[Lord Howell of Guildford (Con) [V]]

My Lords, does my noble friend agree that, contrary to some views that we have heard, the proposed merger will bring together the considerable expertise and resources of both departments concerned with the modern Commonwealth network, greatly enhancing our capacities to support more vulnerable Commonwealth members and peoples, and allowing us to engage far more fully in the deployment of our soft power—or wise power, I prefer to call it—in support of both global security and our trade prospects?

[Lord Ahmad of Wimbledon]

I totally agree with my noble friend.

[Lord Bruce of Bennachie (LD) [V]]

My Lords, why is the Minister being so evasive about the role of ICAI? It has been a huge success. It was introduced by Andrew Mitchell. Working with the International Development Committee—which I had the privilege of chairing for 10 years—it has proved an effective way of demonstrating real accountability for UK aid and giving confidence that we continue to be world leaders. Do the Government not recognise that dismantling that arrangement will not leave them with the trust of the aid community or the poor of the world?

[Lord Ahmad of Wimbledon]

My Lords, I have already answered the issue of scrutiny. I have dealt with ICAI specifically. It has made recommendations on briefs and parts of my portfolio, including PSVI, which we discussed earlier. We continue to respond to all levels of parliamentary scrutiny, as we will with the new department from September.

[The Lord Speaker (Lord Fowler)]

My Lords, all supplementary questions have again been asked, so we move to the third Oral Question.

Terezin Declaration

Lord Ahmad of Wimbledon Excerpts

Monday 27th July 2020 Lords Chamber

[Baroness Deech]

To ask Her Majesty’s Government what progress they have made towards fulfilling their commitments as a party to the Terezin Declaration of 30 June 2009; and what discussions they have had with the government of Poland about the restitution of property seized from Polish Jewish citizens during the period of Nazi occupation.

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

My Lords, the United Kingdom continues to meet its commitments to the Terezin declaration, particularly in Holocaust education and remembrance. We are in regular conversation with the Polish Government on the restitution of property seized during the Nazi occupation. The UK post-Holocaust issues envoy, my noble friend Lord Pickles, is working with the US and other parties to call on Poland to pass legislation to provide restitution of or compensation for private property.

[Baroness Deech (CB) [V]]

My Lords, I have been asking the same Question here for 11 years and getting the same response of no progress or promises. Poland is the only country in the EU that has not passed legislation to deal with one of the greatest thefts in history. Bills have been repeatedly introduced and withdrawn there, Bills that contained conditions that would have excluded the vast majority of Holocaust survivors. Will the Minister accept my proposal to follow the example of the American legislation called the Justice for Uncompensated Survivors Today Act, and secure an annual report to Parliament about the return of Jewish and non-Jewish property? Will he raise it at the Belvedere Forum every year? Will the UK use its position in the Council of Europe to press for a human rights agenda focusing on Poland and restitution, as required under the Universal Declaration of Human Rights?

[Lord Ahmad of Wimbledon]

My Lords, I acknowledge the noble Baroness’s question; I remember answering the first Question on this issue back in 2014. As the Human Rights Minister, I remain committed, along with my noble friend Lord Pickles and others, and I assure her that we continue to raise the issue regularly with Poland, bilaterally through our ambassador most recently, and in international for a—and I take on board the suggestion of the Council of Europe.

[Lord Wills (Lab) [V]]

My Lords, the Government clearly find it difficult to make progress with Poland on this issue. However, in many ways, recognition can be as important as restitution in healing the terrible wounds of the Nazi era. But Poland obstructs the placing of inexpensive Stolpersteine—plaques commemorating Nazi victims—even though these have helped the healing process elsewhere in Europe. Have the Government pressed Poland to stop such obstruction, and if not, why not?

[Lord Ahmad of Wimbledon]

My Lords, I assure the noble Lord that we continue to raise regularly the importance of this issue with the Polish authorities. I have worked with Poland directly on broader issues concerning freedom of religion or belief, on which Poland stands very strong. I assure him that we will continue in our campaign to ensure that the important issue of restitution is kept at the forefront of our discussions.

[Lord Palmer of Childs Hill (LD) [V]]

My Lords, I need to be clear that I will not be claiming from Poland, despite my late mother being born there and my having a grandmother who disappeared in Poland. However, as the UK was a signatory to the Terezin agreement, what plans, others than those that the Minister has enumerated, have the Government to fulfil their obligations to claimants? Nothing has moved on. Can the Government, for instance, assist claimants who wish to bring action against Poland under the European Court of Human Rights?

[Lord Ahmad of Wimbledon]

My Lords, I have already stated what the Government are doing through their bilateral efforts with Poland and through multilateral fora. On the wider issue of the Terezin declaration, I assure the noble Lord that the UK remains fully committed to meeting its commitments to the declaration, including important elements of commemorating the Holocaust and engaging on the very issues that the noble Lord has raised.

[Lord Pickles (Con) [V]]

My Lords, will my noble friend join me in paying tribute to our ambassador in Warsaw, Jonathan Knott, for his persistent commitment to restitution? His meeting last week with the Speaker of the Polish Parliament helped pave the way for the withdrawal of the Bill on Warsaw property rights from the lower House. This legislation would have been a major obstacle to restitution. This week, we should see the publication of the United States Government’s response to Congress on the JUST Act, focusing on compliance with the Terezin declaration. Will my noble friend pledge that we will work alongside our allies in the United States and Poland to see that justice is brought to the families of Holocaust victims whose property was confiscated by the Nazis?

[Lord Ahmad of Wimbledon]

My Lords, first, I join my noble friend in paying tribute to our ambassador to Poland, who, as my noble friend said, recently intervened on an important issue of legislation in Poland. I also join him in praising the efforts of other key partners, including the United States. When I was last in the US, I met Special Envoy Elan Carr to discuss how we can work together more closely. Finally, I want to put on record my thanks to my noble friend for all his work on this important issue.

[Lord Griffiths of Burry Port (Lab)]

My Lords, frequent reference has been made to “ongoing” bilateral discussions, and we must heed that and take it at face value. However, the general election in Poland has returned to power someone whose campaign proved consistently anti-German, anti-Jewish and anti-LGBTQ. Will the Minister let us know how easy it is, with a Government such as the present one, to have the kinds of conversations that might have outcomes that would prevent us discussing the matter in the future, as we have in the past? While we are emerging from the European Union at this critical time, is there enough energy to focus on this question, when so many other things demand our attention?

[Lord Ahmad of Wimbledon]

My Lords, on the noble Lord’s final point, we do engage regularly—most recently, as we heard from my noble friend, engagement through our ambassador produced positive results. We of course look forward to working with the new Government and I assure the noble Lord that at my first meeting with the Foreign Minister we will discuss various issues, including that of restitution.

[Baroness Northover (LD) [V]]

Justice dictates that huge efforts must be made to restore to families property stolen from those who died at the hands of the Nazis. All EU states signed the Terezin declaration. What arrangements are we making after the transition period to work with our EU neighbours to deliver on those commitments?

[Lord Ahmad of Wimbledon]

My Lords, we will continue to work with our EU friends on a number of important issues, as we will do on this and on wider issues of freedom of religion or belief.

[Lord Mann (Non-Afl) [V]]

The late Lord Janner, along with our embassy in Lithuania, carried out a huge project to mark every site of a mass atrocity across Lithuania. What has been done under Terezin to ensure that those plaques are still in place and are being properly maintained?

[Lord Ahmad of Wimbledon]

My Lords, I will write to the noble Lord on that important issue. However, I am sure I speak for all noble Lords when I say that wherever such atrocities took place—I have visited Auschwitz-Birkenau in Poland—we should always commemorate and remember, and commit ourselves to ensuring that this kind of genocide does not happen again.

[Lord Polak (Con)]

What further practical help are HMG giving to those who need to delve into Polish archives—a very difficult issue—in their pursuit of justice? It is not only Polish Jews who suffered; many non-Jewish Poles had their properties nationalised by the Polish Government. In helping my noble friend Lord Pickles in his important work, will my noble friend the Minister institute an annual reporting system to encourage the Poles to do what is just and right?

[Lord Ahmad of Wimbledon]

My Lords, I note what my noble friend has said. He will know from our own conversations how committed I am personally to ensuring scrutiny. We continue to ensure that Poland stands up as a signatory of the Terezin declaration. We will work with the US. Noble Lords have mentioned JUST, and it is planned that the first JUST Act will be released at the end of July. We will look at its outcomes and work closely with our partners.

[Lord Haskel (Lab) [V]]

My Lords, as well as restitution, another very clear purpose of the declaration is that we should learn from these past events to build a more compassionate and understanding present and future through human rights. However, rising anti-Semitism, intolerance, racism and populism in countries that signed the declaration show that this aspect has clearly failed. Will the Government institute work to help us find out and understand why that is, so that we can also make this part of the declaration more effective?

[Lord Ahmad of Wimbledon]

My Lords, I am happy to give that commitment. As a Minister I am responsible for human rights and for standing up in strong support of organisations around the world that fight racism and the abhorrence of anti-Semitism and Islamophobia. Irrespective of party affiliations, we will continue to work together as one country to ensure that every kind of hate and abhorrent hate crime, be it religious or otherwise, is met with the full force of our unity of action and purpose. I stand ready to work with other noble Lords in the pursuit of this noble aim.

[The Lord Speaker (Lord Fowler)]

My Lords, all supplementary questions have been asked. We will now move on to the next and final Question.

China

Lord Ahmad of Wimbledon Excerpts

Wednesday 22nd July 2020 Lords Chamber

[Baroness Northover (LD) [V]]

My Lords, I thank the Minister for bringing this Statement on China and Hong Kong to the House. It is surely right to seek a positive relationship with China, with its ancient culture, economic strength and developing excellence in science and technology—especially green technology—as the Statement makes clear.

Nevertheless, we cannot turn a blind eye to human rights abuses, and the Secretary of State is right to identify the appalling treatment of the Uighurs. Can the Minister say whether the Foreign Office has now taken a view on the China Tribunal’s conclusions, and is the FCO bringing China within the scope of the new Magnitsky sanctions?

In terms of Hong Kong, we have a special responsibility. Britain and China signed a treaty, which is lodged at the UN, protecting the rights of those in Hong Kong for at least 50 years. The national security law has blown that away. Like the noble Lord, Lord Collins, I therefore welcome the Government’s actions on citizenship for BNO passport holders, the suspension of the extradition treaty and the extension of the arms embargo. Nevertheless, I once more flag the position of young activists who do not have BNO passports and will be particularly at risk. Will the Government make sure that no one is excluded from this offer? What steps are they taking to ensure that those facing political persecution can freely leave?

The involvement of independent foreign judges in Hong Kong has long been seen as the canary in the coal mine: if they went, the writing would be on the wall for the independence of Hong Kong. The President of the UK Supreme Court has now questioned whether UK judges can continue to sit on the Hong Kong Court of Final Appeal. What is the Minister’s view?

As I asked yesterday, does the Minister believe that there can be free and fair elections to the Legislative Council in September? Will the Government seek to send an election observation mission to Hong Kong? What further actions might the Government take if these elections are not free and fair?

There is also wide concern about free speech. Will British journalists be advised to relocate, and how might access to a free internet be protected? Are the Government willing to work alongside others to create a UN special envoy or rapporteur for Hong Kong, who could have special responsibility for monitoring the human rights situation on the ground? Is there a way this could be done without China simply vetoing it?

As I have expressed before, I remain concerned that not all countries in the EU, a tiny number of Commonwealth countries and no countries in Asia, South America and Africa supported the UK in relation to the new law. This is a desperate situation, and China should recognise the loss to their country of an outflow of talented young people from Hong Kong and step back, even at this late stage, from implementing this new national security law. I look forward to hearing the Minister’s response.

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

My Lords, I first thank the noble Lord, Lord Collins, and the noble Baroness, Lady Northover, for their support of the Government’s position. I am sure they both recognise—indeed, they have acknowledged—the fact that, over several months now, the Government have stood up for what they said they would do.

I know, in my own work as Human Rights Minister, that we have not only strengthened but sought to build alliances in the context of the UN Human Rights Council and gained support—including ourselves, there were 27 countries that voted for the statement. However, as the noble Baroness, Lady Northover, has rightly reminded us again, there were a vast number of countries that were not supportive of the statement initiated by the United Kingdom, and that is a cause for concern.

Therefore, we continue to work through all international fora, as well as bilaterally, to ensure that not only the situation in Hong Kong but that of the Uighur Muslims—which the noble Lord, Lord Collins, and the noble Baroness, Lady Northover, mentioned specifically—is at the forefront of all our minds. It is particularly noticeable and disappointing that very few countries in the Islamic world have spoken out in defence of the Uighur Muslims. I am not for a moment suggesting that one religion should speak in its own defence, but whoever is persecuted, wherever they are persecuted and irrespective of your faith or belief, you should stand up for their rights, and it is disappointing that we have not seen a response from the wider community. However, we continue to work undeterred.

The noble Baroness mentioned the Commonwealth and will have noted that we have the support of notable partners, including Canada, Australia and New Zealand, in this respect. We will continue to work with them in further strengthening the response from across the Commonwealth. In the context of the European Union, there was a meeting of the Foreign Affairs Council, which agreed that national Governments would focus on this issue and announce appropriately.

The noble Lord, Lord Collins, asked about the visit today of the German Foreign Minister, which is ongoing. I have been on a virtual visit to the UN today, so I have yet to see the updates from those discussions. However, knowing the German Foreign Minister well, I know how much he cares about human rights. Recently, I was with him when he chaired an event at the UN Security Council on the important issue of preventing sexual violence in conflict and standing up for the most vulnerable. We share a value system with many of our EU partners and, more globally, across the Commonwealth—values central to Commonwealth thinking. We will continue to raise these issues bilaterally and in international fora.

The noble Lord, Lord Collins, mentioned the role of various private institutions in Hong Kong, which continue to operate. The Foreign Secretary and the Prime Minister have been clear that companies must decide in which countries they will operate, but that, while that is a business decision for them, everyone should recognise that the situation prevailing in Hong Kong is a direct contravention of the joint agreement and of “one country, two systems”. As the noble Baroness, Lady Northover, reminded us, this agreement has been lodged with the United Nations. Therefore, we continue to implore China to uphold its obligations as a P5 member of the UN Security Council and as a wider player on important issues currently confronting the world—not only Covid-19 but also, as we work towards COP 26, China’s important role in ensuring that the world faces the challenges of climate change.

The noble Lord, Lord Collins, asked about the sharing of evidence and work around the Magnitsky sanctions. Again, I would cause speculation if I were to say specifically what the next designations will be, but before the Recess we shall have a debate about the sanctions that have already come forward.

The noble Lord, Lord Collins, asked about red lines. On the issue of the Uighurs and human rights across the world, the intention of the global human rights sanctions regime is to hold those who abuse human rights and commit gross human rights violations to account. However, I cannot speculate on the specifics of China at this juncture.

The noble Lord, Lord Collins, asked a specific question on the sharing of evidence. We work very closely with partners across many areas, including the United States among others. We share a common value system with countries in the European Union, with the United States and with many countries in the Commonwealth and beyond. Many countries look towards us for the initiation of what we have done and invoked through the global human rights sanctions regime. I know that other countries—I know of many in Europe—and the European Union itself are considering a similar specific global human rights sanctions regime.

The noble Baroness also rightly raised the important issue of the judiciary in Hong Kong. As I am sure she recognises and as all noble Lords have followed, what has happened as a material change in the announcement of the national security law is the passing of the appointment of judges from the Chief Justice to the Chief Executive. This is in direct violation of Section 3(3) of the joint declaration. We also saw a statement from the noble and learned Lord, Lord Reed, on 17 July. While it remains a question for the judiciary, I am sure that everyone will reflect very carefully on the important role that judges have played in Hong Kong under the existing joint declaration. We continue to implore the Chinese and the Hong Kong Special Administrative Region to continue to uphold the independence of the judiciary.

The noble Baroness also rightly asked about the pending elections. There is some suggestion and speculation that the Covid crisis might be a factor in consideration of whether these elections are held, but our position remains clear and consistent: we believe that the elections in Hong Kong should be open, fair and transparent. We will continue to raise these issues consistently with the Chinese authorities and the Hong Kong Administration.

[The Deputy Speaker (Lord Alderdice) (LD)]

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 speakers.

[Lord Garnier (Con) [V]]

My Lords, will my noble friend agree that the justices of the Hong Kong Court of Final Appeal—both the permanent and non-permanent justices from Hong Kong itself and the visiting British and Commonwealth justices—have been a bulwark against political interference, and strong guarantors of the rule of law and judicial independence in criminal and civil law cases? Would he not agree that the same could be said of legal practitioners in Hong Kong, who operate under severe pressure from the Beijing and Hong Kong Governments? Can I press him on what the Government’s policy is with regard to the immediate and future viability of the court and the continuing participation of UK and Commonwealth justices in its work? Should they stay as exemplars of judicial independence and help to maintain the rule of law, or leave to avoid their independence being compromised?

[Lord Ahmad of Wimbledon]

My Lords, I agree with both my noble and learned friend’s points. On his specific question on the judiciary, as he will acknowledge and as he knows from his own experience and insights, the UK judiciary is independent of the UK Government and makes its own assessment. We have already heard from the noble and learned Lord, Lord Reed, about the continued service of UK judges specifically, but he has made the point—which is also the Government’s position—about the importance of judicial independence and the rule of law. The situation is currently under constant review.

[Viscount Waverley (CB) [V]]

My Lords, multiple examples of highly regrettable actions by China go far beyond British values and the values of our allies. How has this deterioration been allowed to happen to the degree that it has? Is it a breakdown in diplomacy— I suspect that megaphone diplomacy is probably ineffective—or are some political asks now too difficult to achieve? Does the Minister agree that there needs to be an urgent, all-encompassing consideration of the relationship with China, rather than a piecemeal approach, to cover all aspects, including climate change, human rights, security, defence, and trade and supply chains, from which a policy of coherent consistency can be derived?

--- Later in debate ---

[Lord Ahmad of Wimbledon]

My Lords, some of the questions the noble Viscount poses are for the Chinese Administration to answer. We deeply regret the actions they have taken recently in Hong Kong. We have reacted as we said we would, with the various statements we have made on BNO status. On reassessing our relationship, as my right honourable friend the Foreign Secretary said in the Statement he made on 20 July, China has undergone an extraordinary transformation and the UK Government recognise its success. It is a key partner when it comes to important issues such as climate change. Once again, we call upon the Chinese to recognise their international responsibilities, protect the “one country, two systems” in Hong Kong, and provide basic civil and human rights for its own citizens.

[The Lord Bishop of Southwark]

My Lords, the Foreign Secretary is correct about the importance and place of China in the world but China’s human rights record, especially as it concerns Uighurs, has been well known for some time. In the light of the recent US Uighurs human rights act, will Her Majesty’s Government consider similar measures and produce a list of Chinese companies involved in the construction and operation of the camps? Given the rising and publicly expressed concern in this country, including by the Board of Deputies, will the Minister now accept that it is high time we took firmer steps to counter Beijing’s harrowing human rights abuses against the Uighurs, and that such abuses should influence negotiations on any future trade deal with China?

[Lord Ahmad of Wimbledon]

My Lords, I believe the Government have made their position on the deplorable situation faced by the Uighurs in Xinjiang very clear over a number of months—indeed, over years. This problem has been brought to our attention. We have strengthened the work on building alliances to call out the human rights abuses endured by the Uighurs in particular, and we will continue to work to ensure that human rights remain central to our discussions with China on all aspects of our relationship with it.

[Baroness Henig (Lab) [V]]

My Lords, on Monday the Foreign Secretary said he was “stubbornly optimistic” about global Britain, including in our relations with China. The Minister will know that China is one of the countries which the Government have identified as a potential partner for a new trade agreement—one of the many post-Brexit deals the Government are hoping to negotiate. In light of all the disputes and serious human rights issues which have arisen over the past six months, do the Government still aim to conclude a trade deal with China and, if so, in what sort of time- frame, or have they changed their mind and abandoned the idea of an agreement?

[Lord Ahmad of Wimbledon]

My Lords, the noble Baroness raises an important point about the issue of human rights within the context of trade agreements and negotiations. As I said, we recognise that China has an important role to play where it has supported both UK growth and UK jobs, but we will not accept investment that compromises our national security. The issue of human rights is also very much part of our thinking.

[Baroness Smith of Newnham (LD) [V]]

My Lords, in responding to the right reverend Prelate, the Minister said that the Government are calling out China over human rights abuses. That is not sufficient. Given that China, despite being led by a so-called Communist Party, relies on the global system of international trade, what scope is there for naming companies that rely on Uighur labour and trying to have a regime whereby people simply do not buy products produced by forced labour?

[Lord Ahmad of Wimbledon]

My Lords, the United Kingdom has been at the forefront of the issue of modern slavery, led by my right honourable friend the former Prime Minister, ensuring that rights of workers, wherever they may be in the world, are fully protected. I disagree with the noble Baroness: I think we have been very clear and frank, and we have led on the issue of the persecution of Uighurs in Xinjiang and we have done so consistently over a long period.

[Lord Polak (Con)]

China has just announced its wish to become a member of the United Nations Human Rights Council—yes, my Lords, the Human Rights Council. The Government have rightly condemned China for the appalling and inhumane treatment of the Uighur Muslims in Xinjiang. They have also rightly condemned China for its crushing of Hong Kong. Currently, China is agreeing a $400 billion economic security deal with the terror-supporting Iranian regime. So, not only is it destroying human rights at home in China; it is clearly a threat to human rights worldwide. History teaches us that condemning is not enough. Will my noble friend the Minister therefore agree with me that the Government should now lead the world and create a coalition of allies to vote against allowing China to take a seat on the UN’s most senior human rights body? Otherwise, our words of condemnation will, sadly, be just words.

[Lord Ahmad of Wimbledon]

My Lords, I cannot speak for other countries; they will make their decisions on who qualifies and who does not qualify for the Human Rights Council. However, like other member states, I hope, in making a decision we will certainly consider very carefully the human rights records of countries which aspire to speak about human rights at the HRC.

[Baroness Kennedy of The Shaws (Lab)]

My Lords, today the Bar Human Rights Committee of England and Wales published a powerful report on the persecution of the Uighur Muslims. It is based on sound evidence and exemplary legal scholarship and it makes a number of recommendations, one of which is to use the recent Magnitsky regime on targeted sanctions. Secretary of State Pompeo indicated yesterday while here in England that he had used Magnitsky sanctions on a number of Chinese functionaries. Are we in conversation with the United States about who those people might be, and might we follow suit? Secondly, will we consider requesting that China, which denies that persecution takes place and denies the nature of the camps, allows in an investigatory delegation to assess the situation on our Government’s behalf?

--- Later in debate ---

[Lord Ahmad of Wimbledon]

My Lords, on the noble Baroness’s first point, as I have already said, I will not speak about what future designations may be. However, I agree with the noble Baroness; I think we have all been appalled by some of the scenes we have seen recently across the media on the treatment of the Uighurs. They were quite chilling in every respect. On the issue of access to Xinjiang, work was done previously looking at the human rights commissioner visiting China, and I hope that that will come to fruition at some future point.

[Lord Thomas of Gresford (LD) [V]]

My Lords, I declare an historic interest, having fought a case against extradition from the UK to Hong Kong for four and a half years through 12 separate applications for habeas corpus. A senior Hong Kong solicitor told me today that almost all the extradition proceedings now current are concerned with either money laundering or drugs. Now that we have terminated extradition in both directions, how do we ensure that Britain does not become a safe haven for Hong Kong criminals, nor Hong Kong a safe haven for those committing crimes in the UK? Would it not be sensible to have a generous approach to claims for political asylum by young protestors from Hong Kong who do not qualify to come here as a BNO?

[Lord Ahmad of Wimbledon]

My Lords, on the noble Lord’s second point, the United Kingdom has been, is and will remain a place where people from all over the world seek asylum for a number of reasons. Each case is judged on its merits, and we have provided protection to many people across the world who have suffered persecution.

[Lord Robathan (Con) [V]]

My Lords, most of the 53 countries that supported Chinese security laws in the UN Human Rights Council were almost certainly either scared of Chinese power and its aggressive nature or had been bought; that particularly applies to countries in Africa and elsewhere with huge loans. We need to ensure that we in this country are not bought. I commend Her Majesty’s Government for being resolute and clear. However, do they have a policy on influencers in Britain, be they individuals or organisations such as Cambridge University—Jesus College is much in the news at the moment, being written about by Charles Moore—who are in the pay of either Chinese companies or receiving large grants from the Chinese Government?

[Lord Ahmad of Wimbledon]

My Lords, I would be pleased if my noble friend could write specifically on the concerns he has raised. Of course it is concerning that some do not recognise the situation that has prevailed in Hong Kong or the suffering of the Uighurs, as well as that of other minorities in Xinjiang. It is important that we continue to focus on those. Those who defend or deny those actions need to take a long, hard look at themselves.

[Lord Campbell-Savours (Lab) [V]]

My Lords, Dr Sarah Gilbert from the Oxford group dealing with coronavirus talks of collaboration worldwide on virus research, which we all welcome. To what extent are we collaborating with the Chinese, who are devoting huge resources to finding a vaccine? Can we be assured that if they or we get a breakthrough, we will not allow an hysterical Trump to issue trade threats to prevent us sharing in the benefits? A lot of lives are at stake.

[Lord Ahmad of Wimbledon]

The noble Lord raises an important point about collaboration and working with China on the issues that matter. Clearly, China has a role to play on the pandemic, as it does on climate change. As my right honourable friend the Prime Minister has said, this is a global pandemic that needs us all to work together for the common good.

[Lord Mackenzie of Framwellgate (Non-Afl) [V]]

My Lords, in considering Magnitsky sanctions against individuals of the Chinese Communist Party, will Her Majesty’s Government take into account the judgment of the China tribunal in March this year, chaired by Sir Geoffrey Nice QC, that the abhorrent forced harvesting of organs from Falun Gong prisoners has been perpetrated for years throughout China on a significant scale and that medical testing on detained Uighur prisoners could allow them to become an organ bank?

[Lord Ahmad of Wimbledon]

My Lords, the Government have received Sir Geoffrey Nice’s report and I met him a little while ago specifically to discuss it. We will continue to review the content of such reports. What I have seen and what we have assessed reveal a very concerning and deep-rooted challenge regarding organ harvesting. We have raised this issue with the World Health Organization to ensure that it is raised with the Chinese. However, it remains as yet unconvinced that the evidence supports such action.

[Lord Hain (Lab) [V]]

My Lords, I endorse everything that my noble friend Lord Collins, and Lisa Nandy, have said. No global issue, such as climate change, dealing with this pandemic or getting global trade functioning properly, is going to be resolved unless China is involved, as the emerging superpower of this century. I understand the Government’s tactics, but what is their long-term strategy?

[Lord Ahmad of Wimbledon]

My Lords, I think the noble Lord has partly answered the question himself. It is important that we call out China where we see abuses of human rights, that the international system is not being observed or that treaties are not being adhered to or respected, while, equally, recognising that China has an important role to play in areas such as tackling the Covid crisis and climate change.

[Lord Rennard (LD) [V]]

What does the Minister think of the letter from the president of the Board of Deputies of British Jews to the Chinese ambassador about the film shown on Sunday? She said that nobody could

“fail to notice the similarities between what is alleged to be happening in the People’s Republic of China today and what happened in Nazi Germany 75 years ago”.

Will the Minister confirm that we will work with all countries governed by democratic principles and act together in trade negotiations to say that there must be an end to the persecution of the Uighurs and people of any religion, and that breaching legal agreements over Hong Kong and seeking to bully the people of Taiwan is unacceptable?

[Lord Ahmad of Wimbledon]

My Lords, I have already said that those images we saw were quite startling. They remain etched on everyone’s memories, as we have been reminded by the board of deputies in its letter. It is therefore important that China steps up, respects human rights and affords protections to the Uighurs and all minorities in China.

[The Deputy Speaker]

The noble Lord, Lord Balfe, has withdrawn, so I call the noble Lord, Lord Holmes of Richmond.

[Lord Holmes of Richmond (Non-Afl) [V]]

My Lords, these are extraordinarily serious issues—there are few more so—but does my noble friend the Minister agree that sanctions and increasing isolation are unlikely to produce the result they claim, not least for the people in desperate need they purport to protect? This is extraordinarily hard. Does he not agree that we have to try harder?

[Lord Ahmad of Wimbledon]

My Lords, that is why the global human rights regime is specifically aimed at states, not individuals. Our quarrel is not with the people of China.

[Lord Addington (LD)]

My Lords, none of China’s actions should have come as a surprise to anybody. There has been a warning for quite a long time on its attitude to human rights and to Hong Kong. When did the Government let it know there would be consequences to a continuation of these actions? Do we have certain red lines and standards saying that if it goes further there will be further action?

[Lord Ahmad of Wimbledon]

I am sure the noble Lord will recollect that we warned we would take action, particularly on BNOs, if the national security law was enacted. We informed the Chinese of that. They continued with their actions and we responded with the announcements we have made. We will continue to monitor the situation in Hong Kong, mainland China and other parts. Taiwan was raised, and while we retain our position on the importance of negotiations between the two sides, the issue of human rights has not gone away. It remains live and we will continue to monitor it. Where we need to act, we have acted.

Hong Kong

Lord Ahmad of Wimbledon Excerpts

Tuesday 21st July 2020 Lords Chamber

[Baroness Northover]

To ask Her Majesty’s Government what assessment they have made of the political situation in Hong Kong.

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

My Lords, we are deeply concerned by the situation in Hong Kong. China’s new national security law breaches the Sino-British joint declaration and directly threatens a number of Hong Kong’s rights and freedoms. Early reports of the law’s initial implementation are also troubling. We will not look the other way on Hong Kong and we will continue working with partners to hold China to its international obligations.

[Baroness Northover (LD) [V]]

I thank the Minister. What prospects are there for fair and free elections in Hong Kong this autumn and what steps are the Government taking to assist young activists, such as Joshua Wong, who are not BNO passport holders?

[Lord Ahmad of Wimbledon [V]]

My Lords, obviously there have been elections even this year at local level. We continue to impress on the Hong Kong authorities and the Chinese authorities the need to ensure that one country, two systems is sustained, maintained and, indeed, strengthened. However, recent events have indicated otherwise and we continue to lobby both Administrations in this respect, including protecting those people who do not qualify for BNO status.

[Lord Dubs (Lab) [V]]

My Lords, the Minister will be aware of the statement by the Chinese ambassador a few days ago that we were interfering in China’s internal affairs. Will the Minister make it clear that this is entirely a breach of the Sino-British agreement and that it is not a breach of Chinese internal affairs to stick by the terms of an international treaty? Will he ensure that the widest number of countries take our position of understanding and give us support?

[Lord Ahmad of Wimbledon [V]]

My Lords, I totally agree with the noble Lord. The agreement on one country, two systems that we signed with the Chinese authorities is registered with the UN. China is a P5 member and has international obligations. Therefore, we believe that standing up for the rights of Hong Kong nationals as well as BNOs is absolutely the right thing to do. I assure the noble Lord that we are working with international partners to ensure that we get broad support for the United Kingdom’s position. Indeed, as we saw recently at the Human Rights Council, that is happening.

[Lord Purvis of Tweed (LD)]

My Lords, there was cross-party support for the Foreign Secretary’s shock at seeing the persecution of minorities in China and the suppression of peaceful protestors in Hong Kong. People may also be shocked to know that the Government have given export licences for British-made tear gas, which, according to Amnesty International, is being used against peaceful protestors in Hong Kong, and has granted government export licences for spyware, wire-tapping and surveillance technologies. Will the Minister ensure that the UK’s strategic export control lists are now updated so that no British-made technology can be used in the suppression of minorities or against peaceful protestors in Hong Kong?

[Lord Ahmad of Wimbledon [V]]

My Lords, as I am sure the noble Lord has noted, my right honourable friend the Foreign Secretary made a Statement yesterday in the House extending the embargo on arm sales to mainland China, which will now also be applied to Hong Kong.

[Lord Mackay of Clashfern (Con) [V]]

My Lords, the appointment of senior judges to give service in Hong Kong is an important part of its international character. What are the prospects of that continuing?

[Lord Ahmad of Wimbledon [V]]

My Lords, my noble and learned friend is right to raise this important issue. As we have seen in recent announcements, the appointment of judges has passed to the chief executive, but we also note the important announcement of Lord Reed, who made it clear in his statement on Friday 17 July that whether this practice continues will depend on if such a service remains compatible with judicial independence and the rule of law.

[Lord Carrington (CB)]

My Lords, while I support the actions of the Government, I urge them to consider the ordinary people and companies in Hong Kong who accept the new security law in order to make a livelihood. Please can the Minister confirm that any action taken by the Government is proportionate and supports the rights of both the Hong Kong people and of British and other companies operating there, such as the Hong Kong bank, Standard Chartered, Swire and Jardine, to go about their normal lives and conduct their businesses in this changed environment without gratuitous criticism and recrimination?

[Lord Ahmad of Wimbledon [V]]

My Lords, I draw the attention of the noble Lord to the opening paragraphs of the Statement made by my right honourable friend the Foreign Secretary. They stress again that we see China as an important strategic partner and that we believe that it has a positive role to play on the international stage. However, it must fulfil its international obligations. I cannot speak for private companies, but our challenge is not with them or indeed with the normal citizens of Hong Kong. We believe that their rights should be respected by the Hong Kong Administration and the Chinese authorities. That is what we are standing up for.

[Lord Collins of Highbury (Lab)]

My Lords, at the beginning of June, the Foreign Secretary suggested that the new Magnitsky powers might be an option in respect of the police brutality and other actions in Hong Kong. Yesterday, in respect of the national security legislation, he said:

“We will patiently gather the evidence, which takes months.”—[Hansard, Commons, 20/7/20; col. 1835.]


What of the clear evidence of Chinese officials being involved in forced organ harvesting and the oppression of the Uighur people? Does the Minister agree that the Government should accelerate the timetable for the Magnitsky sanctions to be imposed on those Chinese officials who are involved in such persecution?

[Lord Ahmad of Wimbledon [V]]

My Lords, I have made clear on a number of occasions my strong concerns and the fact that Her Majesty’s Government have raised the issues of what is happening with the Uighur people and other minority communities in China. On the specific point about the Magnitsky sanctions, the noble Lord will respect the fact that it is not right to speculate about what any future designations may be.

[Lord Chidgey (LD) [V]]

My Lords, the Minister will be aware that Hong Kong is just one of the UK’s responsibilities, shared or otherwise, in the Indo-Pacific region. These include, for example, the Korean peninsula and the five power defence arrangements that protect Singapore and Malaysia. In the context of global Britain and the reversal of the east of Suez policy, will the Government provide the details of our international obligations for Hong Kong and the region and confirm that they have the funds and the capacity to meet them?

--- Later in debate ---

[Lord Ahmad of Wimbledon [V]]

My Lords, we believe in a strong, stable and safe Indo-Pacific region. We have stood up for Hong Kong on the basis of our strong belief in principles and in law and we stand firmly in support of the agreement, which has been deposited with the UN. On our wider responsibilities, we continue to work with our international partners in pursuit of those objectives.

[Baroness Bennett of Manor Castle (GP) [V]]

My Lords, I declare my position as a co-chair of the All-Party Parliamentary Group on Hong Kong. Can the noble Lord the Minister say what steps the UK Government are taking to protect students from Hong Kong and students who might be supporting the rights of the people of Hong Kong in British universities, given the significant evidence of intimidation? What protection will be given to academics and institutions that stand up against such efforts?

[Lord Ahmad of Wimbledon [V]]

My Lords, the answer is simple. Anyone who breaks the law in the UK by hounding or attempting to intimidate students will be held to account according to the law of the land, which is our law.

[Baroness Hooper (Con)]

My Lords, I join those who have pressed further on the main issues relating to Hong Kong, including breaches of the joint declaration, the threats to freedom of speech and assembly and the need for democratic elections. My specific question for the Minister is to ask whether talks in relation to the situation in Hong Kong have been held at the Commonwealth level, given that, as a former overseas territory, Hong Kong was once part of the Commonwealth. This could be particularly relevant for young people and students who may wish to pursue their studies not only in the UK but in other parts of the Commonwealth.

[Lord Ahmad of Wimbledon [V]]

My Lords, I assure my noble friend that we are working in that context with all our partners in the G7 and at the UN. We are also working with Commonwealth nations such as Australia, New Zealand and Canada, which are supportive of the UK Government’s position.

[Lord Craig of Radley (CB) [V]]

My Lords, will the loyal veterans of Her Majesty’s Hong Kong Military Service Corps still living in Hong Kong, who have long petitioned Her Majesty’s Government for the right of abode in the UK, be granted this now? Will their request for full British passports, which all other members of the corps retained before 1997, be agreed, in line with the statutory provision for fairness in the military covenant?

[Lord Ahmad of Wimbledon [V]]

My Lords, the noble and gallant Lord has raised this issue consistently and regularly both with me and with my noble friend the Minister of State at the Home Office. Since our last exchange, I have written to the Home Office and I am awaiting a reply. When I receive one, I will update the noble and gallant Lord accordingly.

Taiwan

Lord Ahmad of Wimbledon Excerpts

Tuesday 14th July 2020 Lords Chamber

[Baroness D'Souza]

To ask Her Majesty’s Government what (1) diplomatic, and (2) practical, assistance they are providing to the government of Taiwan; and what plans they have to formally recognise Taiwan as an independent sovereign state.

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

My Lords, the United Kingdom’s long-standing policy on Taiwan has not changed. We have no diplomatic relations with Taiwan, but a strong unofficial relationship based on dynamic commercial, educational and cultural ties. We regularly lobby in favour of Taiwan’s participation in international organisations where statehood is not a prerequisite, and we make clear our concerns about any activity that risks destabilising the cross-strait status quo. We have no plans to recognise Taiwan as a state.

[Baroness D'Souza (CB) [V]]

I thank the Minister for his sympathetic response. President Xi has made it clear that “one country, two systems” is the plan for Taiwan, and the 100th anniversary of the Chinese Communist Party in 2021 has been mentioned as a possible deadline. Will the Government consider taking small but significant steps and work with other like-minded nations less susceptible to Chinese influence to clarify and entrench Taiwan’s de facto independence? Such steps might specifically include inviting Taiwan as a guest to G7 meetings, lobbying for membership of the OECD as well as of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership, and considering Cabinet-level ministerial visits to Taiwan.

--- Later in debate ---

[Lord Ahmad of Wimbledon]

My Lords, while noting what the noble Baroness said, I assure her that we continue to work with like-minded partners, particularly on participation for Taiwan in those organisations where statehood is not a prerequisite. Those include the World Health Organization. We also believe that Taiwan has an important role to play in the spheres of education and climate change.

[Baroness Anelay of St Johns (Con)]

My Lords, Taiwan has been preparing for a pandemic since the SARS epidemic in 2003. As a result, it has been able to tackle the terrible ravages of Covid-19 with great success. But at the World Health Assembly in May, the attendees, including us, were unable to learn about the methods of its success because Taiwan’s attendance as an observer was blocked by China. Will my noble friend please assure me that the diplomatic efforts of the UK will be used to try to prevent such a blocking from happening in the future?

[Lord Ahmad of Wimbledon]

My Lords, I share my noble friend’s disappointment and concern. As I have already said, we believe that Taiwan has an important role to play, particularly in how it has dealt with the Covid-19 pandemic. Therefore, we continue to lobby for its participation in meetings such as those convened by the World Health Organization.

[Lord Alton of Liverpool (CB)]

My Lords, can we raise the case of Lee Ming-che, a Taiwanese pro-democracy activist arrested in China and given a five-year prison sentence for posts on social media calling for democratic reforms? His wife, whom I have met, says that he is literally forced to eat rotten food and is denied prison visits. Following the imposition of the new security law in Hong Kong, what does this case say about the future of pro-democracy advocates in Hong Kong, and in mainland China?

[Lord Ahmad of Wimbledon]

My Lords, I thank the noble Lord for bringing this case to my attention. I assure him that we are monitoring it through our embassy in Beijing. While we have not raised it with Chinese counterparts, we regularly make known our concerns about the increasing restrictions on civil and political rights and freedom of expression in China. We do the same in Hong Kong.

[Lord Faulkner of Worcester (Lab) [V]]

My Lords, I remind the House of my interest as the Government’s trade envoy to Taiwan. Will the Minister celebrate with me the 30% increase in trade between Britain and Taiwan over the past three years, and congratulate President Tsai Ing-wen and her Government on not just their triumphant re-election earlier this year in a fair and free contest but on their management of the Covid-19 crisis—that was referred to by the noble Baroness, Lady Anelay; there have been 447 cases and just seven deaths out of a population of 23.8 million—and their generosity in donating 2 million face masks to the UK? I hope that the Minister will continue to do all he can to ensure that Taiwan is admitted to the WHO so that the whole world can learn from its success and share its expertise.

--- Later in debate ---

[Lord Ahmad of Wimbledon]

My Lords, I share the noble Lord’s view of the positive elements of the relationship with Taiwan. My right honourable friend the Foreign Secretary congratulated President Tsai on her victory.

[Baroness Northover (LD)]

My Lords, when the national security law was imposed on Hong Kong, 53 countries supported China on it at the UN Human Rights Council. Only 27 countries, including only half of EU states and no state in Asia, Africa or South America, supported us. Now that we have left the EU, how are we building a strong alliance to defend Taiwan against any aggression?

[Lord Ahmad of Wimbledon]

My Lords, the noble Baroness is right to raise this concern. I agree with her figures. As Human Rights Minister, I worked on that proposal. There is much more work to be done but I assure her that we work very closely with European partners, particularly on Hong Kong, and share common interests when it comes to Taiwan.

[Lord West of Spithead (Lab) [V]]

My Lords, as has already been stated, there was hope that perhaps “one country, two systems” might have been a way of unlocking the Taiwanese issue which has been a problem for so many years. Recent events in Hong Kong show that that was a chimera. We have real problems now with the way China is behaving towards Hong Kong. Chinese behaviour and the statement by Xi Jinping, possibly encouraged by the world’s focus on the Wuhan virus, must be confronted. Does the Minister agree that Taiwan must be shielded and that one way of doing that is its recognition by as many of the G20 as possible? That would send a very strong message to Xi Jinping that the way he is behaving is not helping anyone, least of all China.

[Lord Ahmad of Wimbledon]

My Lords, the Government’s position remains that the issue of Taiwan is to be settled by people on both sides of the Taiwan Strait. As I said already, we continue to lobby for Taiwan’s participation in key organisations where it has a pivotal role to play.

[Lord Bowness (Con) [V]]

My Lords, I thank my noble friend for the answers he has given, which suggest that we are very well disposed towards Taiwan. However, that is only one element. In the UK, we have seen the City of London withdraw its invitation to Taiwan to participate in the Lord Mayor’s Show and British Airways rewrite its destination listings so that Taiwan and, indeed, Hong Kong, are listed under China. Does my noble friend agree that we should be giving organisations such as the City and British Airways every support to resist this pressure from China, which is quite improper?

[Lord Ahmad of Wimbledon]

My Lords, individual companies and organisations will make their own decisions. The United Kingdom continues to acknowledge Taiwan. Whenever we categorise Taiwan we do so under the designation of country or region, and we will continue to do so. Individual companies will make their own decisions.

[Lord Kilclooney (CB)]

My Lords, as a member of the All-Party Parliamentary Group on Taiwan and having visited Taiwan on many occasions, I find it a nation which is a great stable democracy. Can the Government of the United Kingdom now consider improving high-level exchanges with Taiwan? For example, are the President of Taiwan, the Vice-President and the Foreign Minister banned from coming to the United Kingdom because of their political positions or are they banned as individuals?

[Lord Ahmad of Wimbledon]

My Lords, I have already said that we continue to engage with Taiwan. The most recent visit was by a Trade Minister, so we engage with Taiwan at ministerial level.

[Lord Wood of Anfield (Lab) [V]]

My Lords, can the Minister tell us whether it is the Government’s policy to achieve a bilateral trade deal between the UK and Taiwan, as urged by the Foundation for Independence, a think tank very close to senior figures in this Government?

[Lord Ahmad of Wimbledon]

My Lords, we continue to work on important common themes with Taiwan, and trade is one of them. Obviously my colleagues at the Department for International Trade will continue to see how we can further strengthen our ties with Taiwan.

[The Deputy Speaker (Lord Lexden) (Con)]

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