Asset Freezing (Compensation) Bill [HL]

Lord Ahmad of Wimbledon Excerpts

2nd reading (Hansard) : House of Lords
Friday 27th October 2017 Lords Chamber

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

My Lords, I thank the noble Lord, Lord Empey, and indeed all noble Lords for their contributions. We can all reflect on the poignancy of the issue in front of us, which concerns victims, who are at the heart of the intent behind the Bill. The Government do not take that lightly. I congratulate the noble Lord, Lord Empey, on securing this Second Reading, and congratulate all noble Lords who have contributed. I thank the noble Lord, Lord Davies, for his kind remarks about me. However, I assure him that I do not regard responding to the Bill on a Friday as drawing the short straw. I know that it is half-term and, having three children who have not seen daddy much this week, this matter is a challenge. However, it underlines the importance that I, as a Minister of State at the Foreign Office, attach to this human rights issue, as does the UN, the Foreign Secretary and my colleague the right honourable Alistair Burt, who is the Minister with responsibility for the Middle East.

I am grateful for the opportunity to contribute to today’s debate and to speak about this important issue, which continues to be highly relevant in Parliament, not just in our House but in another place, as the noble Lord, Lord Davies, and others have said. In doing so, I acknowledge the valuable work of the Northern Ireland Affairs Committee in the other place. This includes the report it published in April on government support for UK victims of IRA attacks that used Semtex and weapons supplied by the former Libyan leader, Muammur Gaddafi. I say to my noble friend Lord Lexden that the Government responded in September to the report. If there are specific matters relating to the Government’s response, I will be happy to take them up with him outside the Chamber.

I reiterate that the Government regard this as a very long-standing issue, as we have heard today. It is complex and, of course, emotive. It is complicated further by the difficult economic, political and security circumstances that we see prevailing in Libya today. Only yesterday, I met Ann Clwyd from the Commons, who talked to me specifically about humanitarian assistance for the people of Libya. As the Prime Minister’s special representative on preventing sexual violence, I do not hide from the fact that what we see in Libya in that regard adds to the great horror of the situation on the ground.

However, I reassure noble Lords and make it clear that the Government remain absolutely focused on finding a way forward. In that regard I highlight a few of the recent events that have taken place. Over the past few weeks, my right honourable friend the Foreign Secretary, Boris Johnson, and the Minister for the Middle East, my right honourable friend Alistair Burt, have hosted meetings with victims’ groups and parliamentarians. I believe that the noble Lord, Lord Empey, was present at these meetings, the tone of which was positive, constructive and progressive. I also assure noble Lords, particularly the noble Lord, Lord Davies, that the Government have raised the bar. We continue to raise these issues regularly with the Libyan authorities directly. I have listened very carefully to the concerns expressed that victims’ groups alone cannot represent the tragedy that they have suffered, and continue to suffer. Therefore, it is right that the Foreign Secretary has raised this issue not once, not twice, but on three occasions recently with Prime Minister Sarraj, and we will continue to do so.

I also assure those who represent the interests of victims’ groups—I know many in this Chamber and in another place do so—that they do not go unheard. In addition to the commitment that my right honourable friends and Members across both Houses have given to continuing to hold meetings with victims’ groups, I assure them that I will continue to expend my energies working with the noble Lord and others to ensure that this issue retains the momentum that it deserves. Equally, I accept the criticism that while we are doing this we also need to ensure that we communicate about the efforts being undertaken. As I listened very carefully to the history of the IRA bombings, in particular the poignant words of my noble friend Lord Lexden, when he talked of the late Airey Neave, it struck a particular tone. Indeed, we heard from the noble and learned Lord, Lord Carswell, as well on this issue.

To give a personal reflection, I remember starting in the City of London back in the early 90s. For a young man just out of university who had started with NatWest, it was strange to suddenly hear the news that the place near his work in Bishopsgate had been hit. I remember it well: it was 24 April 1993—it remains engraved on my memory. I commuted to there, day in, day out. Thankfully, on that occasion, the number of victims was limited by the fact that it happened on a Saturday.

The point was well made by the noble Lord, Lord Empey, and others that we do not regard this as an issue for victims in one particular region. As he rightly articulated, it is relevant for the whole of the United Kingdom.

I turn now to the contents of the Bill. Its aim is to secure compensation for UK victims of terrorist organisations in the UK. It seeks to impose continuing restrictions on assets owned by persons who support and assist those organisations. It proposes also that where the assets of those who have supported terrorist organisations in the UK are currently frozen—in accordance with the UN Security Council resolutions and under the EU Council regulations which implement them, as several noble Lords have acknowledged—the Government should ensure that those assets are not released until agreement is reached on a compensation settlement for the victims.

The intention behind the Bill is honourable and clearly seeks to right a wrong perpetrated on innocent people. As we have heard from various noble Lords, including in the important intervention from the noble Lord, Lord Reid, weapons, funding, training and explosives provided by Gaddafi to the Provisional IRA exacerbated the Troubles. We have heard that the word “Semtex” became a regular feature in people’s minds, when previously it was unheard of. I fully acknowledge that it contributed to great human suffering in both Northern Ireland and across the rest of Great Britain. I fully understand that the Bill is designed to secure compensation for victims from those responsible for their suffering.

As several noble Lords acknowledged, we currently have around £9.5 billion of Libyan assets frozen throughout the UK. These assets were frozen under UN Security Council Resolution 1973 at the time of the revolution in 2011 at the request of those involved in toppling Gaddafi’s regime. It is believed that the majority of these assets either belong to the Libyan state as part of a sovereign wealth fund or their ownership is claimed by the Libyan state.

Noble Lords acknowledged that there are obligations on the part of the UK under both international and EU law that affect what can and cannot happen to Libyan assets frozen in the UK. Noble Lords will be aware of the difficulties that can be posed by freezing assets, particularly with relevance to the property rights protected under the European Convention on Human Rights.

Questions were raised about our obligations under international law. I assure noble Lords that we continue to focus on these specifically and keep them in mind while discussing the issue in front of us. It is important to remember that the ownership of some of these assets is still in dispute. Until those disputes are settled we cannot say for certain to whom the assets belong. The UN Security Council resolutions governing the Libya sanctions regime provide that the frozen assets, when they have been determined to belong to the Libyan state, are eventually to be made available to the Libyan people for their benefit. If the UK were to act so as to interfere with this purpose, we would be in breach of our obligations under international law. That having been said, we continue to raise this issue at the highest level with the Administration in Libya, including the Prime Minister. I hope that I have made that point clearly.

There are some practical difficulties with the Bill as drafted, including the proposed use of powers under the Terrorist Asset-Freezing (Temporary Provisions) Act 2010, known as TAFA. However, the Government are taking practical steps. In their recent meetings with parliamentarians and victims groups, both the Foreign Secretary and Mr Burt have made clear the Government’s intention to communicate effectively and step up engagement on this issue directly with the Libyan authorities to ensure that those efforts are visible and momentum continues. It is important we do that in the interests of victims and their representatives.

We need to recognise that the political situation in Libya remains extremely fragile. I assure noble Lords that the UK Government are currently working to support the UN-led political process in Libya to create a Government who are better able to deliver for the Libyan people and better able to take forward work on a wide range of issues, including legacy cases. The Foreign Office will remain actively engaged in supporting victims and their representatives to seek redress from the Libyan authorities. We will continue to press the Libyan Government to meet victims groups and will facilitate such meetings to discuss their campaign directly.

It is clear from the sentiments of contributions across the board this morning that nothing can compensate for the suffering of the victims and their families. However, as Minister of State in the Foreign Office, I, together with my colleagues the Minister of State for the Middle East and the Foreign Secretary, remain determined that we will play our part to support victims and their families as part of the Government’s wider efforts to address the legacy of the Troubles in Northern Ireland. I again thank the noble Lord, Lord Empey, for securing this important debate. I do that with the reassurance that we will continue to raise this issue directly with the Libyan Government. Whatever support I can extend to strengthen that effort, I will certainly give.

UN Security Council: Information Sharing

Lord Ahmad of Wimbledon Excerpts

Thursday 26th October 2017 Lords Chamber

[Lord Triesman]

To ask Her Majesty’s Government, in the light of the recent meeting of the United Nations General Assembly, what assessment they have made of how the United Kingdom and fellow permanent members of the Security Council can improve the sharing of analysis and co-ordination with allies to ensure enhanced security.

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

My Lords, the United Kingdom is committed to working through the UN Security Council to address threats to international peace and security. We will continue to share analysis with fellow members of the council through informal consultations. During this year’s UN General Assembly high-level week, our efforts were instrumental in ensuring that the international community united to adopt unanimously UNSCR 2379 to help ensure that Daesh is held accountable for the crimes it has committed.

[Lord Triesman (Lab)]

My Lords, I thank the Minister for his response. The United States is a vital ally and a close historic friend but it is hard to share values with its commander-in-chief. During his UNGA speech, he threatened to obliterate at least one, and possibly two, other nations by nuclear means, denounced the Paris climate accords, and has on other occasions expressed his belief that torture is a normal course of events. Given the number of experienced diplomats and internationalists in your Lordships’ House, can the Government share with them how they intend to make a relationship with those at the top of the American Administration to improve our peace and security?

[Lord Ahmad of Wimbledon]

My Lords, the noble Lord raises an important point about international relations, and in that regard I assure him that we have a very deep and long historic relationship with the United States. It is a strong relationship because we share objectives on many fronts. Equally, the strength of that relationship determines that when we disagree on important issues, as the noble Lord has highlighted, we also make that position quite clear; climate change was one issue, as was the recent issue of the Iran nuclear deal. In both those instances, we made it clear that we believe it was regrettable that the US took the stance that it did. That position has been made clear to President Trump by our Prime Minister. However, the strength of our relationship allows us to have those very candid conversations with the US and, indeed, others, when we do disagree.

[Lord West of Spithead (Lab)]

My Lords, we are the only permanent member of the Security Council that is reducing the size of its armed forces; indeed, we have reduced it by a third since 2010. Does the Minister not think this must make the other members of the Security Council wonder about our eligibility to be there; and, indeed, make other members of the UN consider how important we believe maintaining security and peace around the world actually is?

[Lord Ahmad of Wimbledon]

The noble Lord knows that our Armed Forces remain very strong and that we are at the forefront of relations with regard to peacekeeping. Indeed, I will talk about this very subject at the UN Security Council next week. Contrary to what the noble Lord has expressed, our partners not just in the Security Council but across the General Assembly welcome the United Kingdom’s leadership on a raft of different issues, most recently the Prime Minister’s personal initiative in leading the charge to combat modern slavery.

[Lord Collins of Highbury (Lab)]

My Lords, building security requires more than co-operation on military and intelligence issues; it obviously involves co-operating with a range of countries. Of course, Brexit will be a crucial issue in maintaining that co-operation. The noble Lord is right to point out that we have led in Europe. If we are not there in Europe, how will we build security? What will be the mechanisms to ensure that we build security and lead on it globally?

[Lord Ahmad of Wimbledon]

When I saw that this Question had been tabled, I said to officials that it might go quite wide—and, indeed, we have a Brexit-related question. First and foremost, I assure the noble Lord that of course, we continue to have constructive and productive discussions with our European partners. I am confident, as are all members of the Government, that we will reach a progressive and productive end to those discussions in terms of a new relationship with our partners in the European Union. Let me give the noble Lord a practical example. Most recently, the Prime Minister herself led on the important issue of security and countering terrorism, particularly on the internet. She chaired that meeting at the UN, together with the President of France and the Prime Minister of Italy. That underlines the co-operation we have in important areas such as security and countering terrorism. That is continuing, and will continue.

[Lord Campbell of Pittenweem (LD)]

My Lords, I wonder whether the answer to the question posed by the noble Lord, Lord Triesman, is that we should pay more attention to the generals in the White House, who appear to have achieved something approaching a military coup, albeit with civilian purpose. It is quite right to point to the difficulties of the relationship, but one area that has not been discussed so far is cyberwarfare. Cyberwarfare between permanent members of the Security Council is hardly likely to increase confidence. If analysis were to be of any effect, it would necessarily involve the exchange of intelligence. Intelligence exchanged among the five would inevitably be intelligence available to the 190-odd members of the United Nations. Finally, although it makes a small contribution to security, should not the United Kingdom—and, indeed, the Security Council—be concentrating on drug and people trafficking, counterterrorism, as has been mentioned, and crimes against humanity?

[Lord Ahmad of Wimbledon]

Perhaps I may take the final point first. Of course we are looking at crimes against humanity. That is why the United Kingdom led the resolution to counter Daesh, and I was delighted to report back that not just the permanent members but all members of the Security Council supported that resolution unanimously. On cyberwarfare and security, of course we continue to co-operate internationally. We continue to work constructively with groups such as Five Eyes and other European partners, sharing intelligence to ensure that we counter the narrative of the extremists and any evil intent not just in the interests of our security, but of Europe and globally.

[Lord Howell of Guildford (Con)]

My Lords, the United States is of course a good friend, but is it not nowadays merely one part of the much larger new pattern of networks that are emerging across the world, including Asia and the developing world, in which we have to integrate very closely on security and other matters? One of those networks is the Commonwealth, although there are many others. Does he agree that we have to work much more closely with all of them than we have in the past?

[Lord Ahmad of Wimbledon]

My noble friend is correct. Brexit provides a huge opportunity not only to form a new relationship with the European Union but to strengthen our global relationships. The noble Lord shakes his head. I think that the Commonwealth is important: 52 nations coming together on the common pillars of language and history, and with a common future, to tackle important issues such as modern slavery and cybersecurity. That is what the global Britain aspect is all about—strengthening our relationships not just in Europe but around the world.

Raqqa and Daesh

Lord Ahmad of Wimbledon Excerpts

Tuesday 24th October 2017 Lords Chamber

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

My Lords, with the leave of the House, I shall now repeat in the form of a Statement the Answer to an Urgent Question asked in the other place on the liberation of Raqqa:

“Raqqa was officially liberated on 20 October. The Syrian Democratic Forces—the SDF—supported by the global coalition against Daesh, began operations to liberate Raqqa in June 2017. Military operations are ongoing.

My right honourable friend the Secretary of State for Defence has highlighted the continued leading role that the UK is playing as part of the global coalition’s counter-Daesh campaign. The UK is the second-largest military contributor to the global coalition and plays a leading role in the humanitarian response.

The liberation of Raqqa this month follows significant Daesh territorial losses in Iraq, including Mosul in July. Daesh has now lost over 90% of the territory it once occupied in Iraq and Syria. The Foreign Secretary will in due course provide a full update to the House on the counter-Daesh campaign, including the operation to liberate Raqqa”.

[Lord Collins of Highbury (Lab)]

My Lords, I thank the noble Lord for repeating the response to that Urgent Question. I note that the Foreign Secretary will be giving a further, more detailed report to the other place and I hope that the noble Lord will be able to do likewise here. I have two brief questions. First, in the other place the Minister said that discussions about the future of the coalition were ongoing. Can the noble Lord tell us what role the armed groups that helped liberate the city from Daesh will play in its future administration and what we can do to assist? Secondly—I raised this point in the House last week, I think—we have seen horrendous crimes against humanity from all sides. It is important that the Government continue to support those who are gathering evidence so that ultimately we hold those responsible fully to account.

[Lord Ahmad of Wimbledon]

I thank the noble Lord for his continued support on these issues. He asked, first, what happens next. Our partner forces will close in on Daesh elsewhere in Syria. He will know that it is still present in the Euphrates river valley and on the border with Iraq. There, the Syrian efforts will meet up with those of the Iraqi security forces, closing in on Daesh from both sides. The noble Lord’s second point is well made, as I have acknowledged previously. He is right to say that those on all sides who have committed crimes should be brought to justice. On Daesh-specific issues, in 2017 I was pleased to report back from the UN General Assembly that a resolution was passed specifically on the UK’s efforts, including £1 million allocated by this country, to ensure not only evidence-gathering but the quick creation of a full investigation under the auspices of the UN to deal with Daesh. Other elements of the Syrian regime should also be fully accountable before international law.

[Baroness Northover (LD)]

My Lords, I understand that 80% of Raqqa has been destroyed in the attempt to root out Daesh. What does the Minister think is the likely timescale for reconstruction? When might refugees be able to return and how might they be protected against any risks from the Assad Government?

[Lord Ahmad of Wimbledon]

This is an issue about which the noble Baroness and I have spoken on several occasions. She is right to point out the destruction in Raqqa. It is terribly regrettable that, because this was urban warfare, many buildings and much infrastructure were destroyed, and let us not forget that Daesh destroyed much of the remaining infrastructure. That said, she will know that we have stepped up our humanitarian support in this regard. At the weekend, my right honourable friend the Secretary of State for International Development announced an additional £10 million to restore crippled health facilities and deliver much-needed medical support and relief. On her final point, safety and security remain the primary concern. As I have mentioned to the noble Baroness before, we will not engage in large-scale redevelopment of infrastructure in Syria until we can ensure both the political settlement and the safety and security of all citizens.

[Lord Alton of Liverpool (CB)]

My Lords, regardless of what the Government have done at the Security Council in ensuring that evidence will be collected to bring those responsible for these crimes to trial, and building on the point made by the noble Lord, Lord Collins, what will happen next? What structures are we putting in place, either for a referral to the International Criminal Court or to a specially appointed regional tribunal to try those responsible for genocide and crimes against humanity? Surely our belief in the rule of law and perhaps the invocation of something like the Treason Act would be more appropriate in bringing British nationals to justice than yesterday’s statement from Rory Stewart, according with statements from the White House, that people could be shot on sight if they had participated in these heinous crimes.

[Lord Ahmad of Wimbledon]

On the final point the noble Lord raises, let us be clear that people— certainly those of British nationality—who have travelled from anywhere in the world into the region and taken part in the crimes committed by Daesh were doing so at their own risk and were putting themselves into the line of fire. There is the important issue, he says, about bringing people to justice. He will be fully aware of the structured programme in which the CPS and the police are making criminal charges against those returning to the UK. Secondly, there is the issue of the International Criminal Court and other such bodies. As I have already alluded to, we have passed a resolution in the UN and we are currently looking at the governance structure, exactly as the noble Lord suggests. The final structure is to be determined, but it will respect all the norms of international law.

[Viscount Hailsham (Con)]

My Lords, while I accept that lethal force can properly be used against those fighting for ISIS, including British citizens if they pose an immediate and real threat to the interests of ourselves or our allies, does my noble friend agree that this policy should be exercised with great caution and that it would be helpful if we had a fuller explanation of both the criteria and the controls?

[Lord Ahmad of Wimbledon]

I agree with my noble friend, of course. In any such situation, any intervention or military action should be exercised with strict rules of engagement. As I alluded to earlier in response to the noble Baroness, Lady Northover, we seek first of all to minimise civilian casualties in any action our military is taking. Secondly, on holding those to account, the important thing is that international law and rules of justice are upheld, whether for those surrendering themselves to coalition forces or to the Syrian coalition forces on the ground, or indeed those returning to any part of the world.

[The Lord Bishop of Salisbury]

My Lords, I thank the Minister for his statement and point out that the Christian presence in Iraq is integral to that country’s cultural identity. A reconstruction committee composed of Chaldean, Syriac and Syriac Orthodox churches has restored over 1,700 properties, but that will restore fewer than a quarter of internationally displaced people. What can the Government do to help those displaced Christians to return safely to that space, like Jonah returning to Nineveh, a place where they belong and are called? How can the Government support them in that process where there is a real threat in terms of faith?

[Lord Ahmad of Wimbledon]

The right reverend Prelate is right to raise the issue of minorities and particularly the Christian minorities in Syria. The crimes committed in Aleppo have been a tragic example of the regime of Bashar al-Assad. I revert to the point I made earlier that any support that the British Government give to those returning is done to ensure their safety and security. We have begun to do exactly that in ensuring that, in the areas where people are returning, medical facilities are available including to all minorities who have been displaced. Let us not forget that over 50% of the Syrian population has been displaced. It will take time to ensure that they can return to their homes. Underlining our approach, both safety and security must prevail.

[Lord Reid of Cardowan (Lab)]

My Lords, I am sure the whole House welcomes the liberation of Raqqa, but deeply regrets both the physical and human cost of Daesh’s control of that area. Is the Minister in a position to say more about the breakdown and balance of the anti-Daesh forces now in control of Raqqa and that area, and anything about the co-ordination and co-operation between them for the future?

[Lord Ahmad of Wimbledon]

The noble Lord raises an important point. We have been supporting the coalition forces and the SDF. I acknowledge that the Russians have also been engaged directly in support of the regime forces. We are clear that the Assad regime initiated this conflict. Although a lasting resolution is very much a matter for the Syrian people, we do not believe it is right that the person who initiated this conflict should be involved in the final, lasting solution. Various international players are working on the ground. I reassure the noble Lord on our actions. The United Nations resolution specifically on Daesh was passed with unanimity, including support from Russia.

[Lord Wright of Richmond (CB)]

Did the Minister see a letter in the Financial Times yesterday, saying that Raqqa is in Syria and reminding its readers that the Syrian regime bears a heavy responsibility for the clearance of ISIS from the city? Does he agree?

[Lord Ahmad of Wimbledon]

I have not seen the letter, but I align myself with the sentiments expressed in it and by the noble Lord. The responsibility for the larger conflict—not just in Raqqa—lies firmly on the doorstep of the Assad regime which created it in the first place. Daesh emerged as a symptom, created by what was happening on the ground. Wherever there is a vacuum and vulnerability, Daesh has reared its head. Although we all breathe a large sigh of relief on its defeat, we are not complacent in any way. Let us not forget that Daesh has recreated itself before and I am sure it is looking to regroup and do so again.

Syria

Lord Ahmad of Wimbledon Excerpts

Thursday 19th October 2017 Lords Chamber

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

My Lords, of the £200 million spent in Syria since 2011, £14 million has been used to fund political support to the Syrian opposition. This funding has developed the operational capacity of the Syrian national coalition and the higher negotiations committee through diplomatic technical assistance, communications and advisory support, as well as media training.

[Lord Green of Deddington (CB)]

My Lords, I thank the Minister for his Answer. This week has seen the fall of Raqqa, a major development in Syria, so will the Government now stop their ineffectual meddling in the affairs of Syria, wasting £1 million a week of taxpayers’ money, and focus on the defeat of ISIL, which is our real enemy? When will they realise that although the present regime is terrible, any likely alternative will be even for worse for minorities, for Christians and for women? In these new circumstances, will they now have a proper, fundamental review of their policy towards Syria?

[Lord Ahmad of Wimbledon]

My Lords, first, we all welcome the inroads that have been made towards the defeat of Daesh. While there are reports that that has happened completely in Raqqa, that is not quite the case, but when it does happen, I assure the House that we will make a statement to that effect. I think I speak for everyone in this Chamber when I say that we welcome the fact that Daesh has been heavily defeated not just in Syria but in Iraq. On the noble Lord’s second point on minorities—I believe he was referring to the Assad regime and the Government’s stance—let us not forget that it was the Assad regime that first attacked minorities, particularly minorities in Aleppo. That fact should not be lost on anyone.

[Baroness Northover (LD)]

My Lords, what conditions are we and the wider EU putting on reconstruction aid to Syria so that we can strongly encourage political reform and help ensure safety if refugees wish to return home?

[Lord Ahmad of Wimbledon]

The noble Baroness raises an important point. Half the population of Syria has been displaced and 400,000 people have lost their lives. We are committed to ensuring that there is a political settlement to provide the framework and the stability for long-term development in terms of restructuring and aiding the country to stand on its feet once again. Through CSSF funding within the Foreign Office, we have been providing basic support in sanitation, water supplies and the building of roads so that those first steps can be taken in the areas of Syria that are no longer under Daesh administration.

[Lord Gordon of Strathblane (Lab)]

My Lords, if the Government gave £200 million to opposition groups and only £14 million or £40 million—I did not quite catch which it was—was for political support, what on earth was the rest for?

[Lord Ahmad of Wimbledon]

I partly answered that question in my response to the noble Baroness, Lady Northover. The £14 million was specifically in terms of political support. I referred to the negotiations committee, where the opposition are at the UN and at the Geneva talks, and money has been spent on ensuring that they have the skill sets to take part in those negotiations. Other examples include £39 million having been spent on roads, water supplies and sanitation. That is where the overall £200 million pot is being spent. I will write to the noble Lord with a specific breakdown, but it is very much about assisting the coalition of the Syrian opposition both to stand on its feet internationally and to start rebuilding the country locally.

[Lord Collins of Highbury (Lab)]

My Lords, we should not forget that the situation in Syria has seen terrible crimes against humanity on all sides, including the government side. Will the Minister repeat Her Majesty’s Government’s commitment to hold these people to account and ensure that money is spent to ensure that there is proper evidence so that these people can be brought to justice?

[Lord Ahmad of Wimbledon]

I totally concur with the noble Lord’s sentiments. I assure him that he is right: this is not just about Daesh, although I am pleased that at the UN recently we passed a resolution in the Security Council that was all about holding to account those who committed these heinous crimes against humanity and wore the name of Daesh in committing their actions, which bear no resemblance to any humanitarian act. Regarding the Syrian regime, as the noble Lord knows, we are supportive of all resolutions. That is why we also take the strong stance that while the Assad regime is in place there can be no long-term political settlement of the situation. Let us not forget who created the crisis in the first place.

[Lord Naseby (Con)]

My Lords, why do Her Majesty’s Government not recognise that Assad is not going anywhere and that the Syria that he holds is growing back almost to the boundaries it had before? Against that background, does my noble friend really think that British taxpayers want £14 million to be spent on supporting the so-called opposition? Surely it would have been better spent on fuel poverty.

[Lord Ahmad of Wimbledon]

My noble friend perhaps mixes two issues. I think that all these issues are of equal importance. We have just heard from him about the importance of addressing fuel poverty. Equally, I think I speak for many in this House when I say it is right that we stand up for the oppressed of Syria and support the opposition forces because it is they, not Bashar al-Assad, who hold the key to the future development of all communities in Syria, including all minority communities.

[Baroness Cox (CB)]

My Lords, is the Minister aware that when I was in Syria I met representatives of civil society, including the Syrian doctors’ society in Aleppo, and there was great concern over the disastrous impact of sanctions which prevent the provision of essential medical supplies as well as food? Will Her Majesty’s Government change their priorities from providing massive financial support to opposition groups, which are not moderate, to making every effort to achieve the lifting of sanctions?

--- Later in debate ---

[Lord Ahmad of Wimbledon]

The sanctions that the noble Baroness mentions apply specifically to the regime. Equally, she will be aware, as I am sure is the whole House, that we stand second in terms of the humanitarian assistance that we are providing to all groups: more than £700 million has been given to people in Syria on the humanitarian front and £800 million has been allocated elsewhere in neighbouring countries, while a further £1 billion remains to be allocated. Our commitment to assisting the humanitarian recovery in Syria is second only to one.

British American Tobacco

Lord Ahmad of Wimbledon Excerpts

Tuesday 17th October 2017 Lords Chamber

[Baroness Thornton]

To ask Her Majesty’s Government what assistance they have given British American Tobacco in its challenge to the claim for unpaid VAT brought by the government of Bangladesh.

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

My Lords, Her Majesty’s Government have engaged with the Government of Bangladesh over discriminatory action against British American Tobacco Bangladesh. This engagement includes discussions at senior official levels since February 2015. The engagement was in line with the guidelines of the World Health Organization’s Framework Convention on Tobacco Control. We take very seriously our obligations as a party to the FCTC and guidance in this regard was issued to all posts in December 2013 and again in May 2017 to assist compliance.

[Baroness Thornton (Lab)]

I thank the noble Lord for that Answer, but I beg to disagree that this is in line with the United Nations guidelines. I was prompted to ask this Question because the high commissioner in Bangladesh found time to champion British American Tobacco. Given that the activities of tobacco companies in Bangladesh are estimated to cause around 100,000 premature deaths a year, does the Minister really consider that the high commissioner’s actions were consistent with the UK’s obligations under Article 5.3 of the Framework Convention on Tobacco Control, to which we are a proud signatory and participant and which commits parties, including the UK, to protecting public health policies from the commercial interests of tobacco companies?

[Lord Ahmad of Wimbledon]

I have had the good fortune to meet our high commissioner on the ground; she engages in the widest possible way to ensure that both the diplomatic and the business priorities of our interests are protected. I pay tribute to her work in Dhaka in this regard. The noble Baroness referred to guidance. Perhaps I may refresh memories on this issue. The guidance in question is the guidance I have referred to; namely, what we issue to all posts. Any post should not:

“Engage with foreign governments on behalf of the tobacco industry”—


there is an exception—

“except in cases where local policies could be considered protectionist or discriminatory”.

In this regard, the actual issue was of whether British American Tobacco Bangladesh was issued with a retrospective VAT demand of approximately £160 million. Indeed, both the law ministry and the Finance Minister of Bangladesh agree that there is no case to be answered.

[Lord Rennard (LD)]

My Lords, is the Minister aware that British American Tobacco faces allegations about the exploitation of child labour in the production of its poisonous products in Bangladesh? All its workers there face the severe risk of health problems—they result from the absorption of nicotine through the skin and from the use of pesticides—and further respiratory problems. If the high commissioner is engaged in representing BAT in Bangladesh, will the Minister undertake to ask her also to investigate these allegations and report back to the House on them?

[Lord Ahmad of Wimbledon]

First, I ask the noble Lord to write to me on the specifics of this issue and I will take it up myself. However, perhaps I may correct one element within his question. The high commissioner is not there representing British American Tobacco—she is there representing Britain.

[Baroness Meacher (CB)]

My Lords, the Minister referred to protecting British commercial interests, and if that really is the motivation we have to raise questions. We know that tobacco taxes are recognised by the World Health Organization, the World Bank and indeed the British Government as probably the most effective way of cutting smoking. Does the Minister accept that it is hypocritical to have our diplomats engaged in trying to reduce taxes in countries like Bangladesh, bearing in mind that it sounds as though this is for British commercial interests?

[Lord Ahmad of Wimbledon]

The noble Baroness is right to raise the important issue of the harmful effects of tobacco, but let me assure her that the representation that the high commissioner made in this regard was based on the exception. The VAT demand was levied only retrospectively; in the opinion of the law ministry of Bangladesh, that does not adhere to the country’s legal principles. That point should not be lost. Therefore, we are not batting for the tobacco industry; this is about the high commissioner acting within the guidance issued.

[Lord Forsyth of Drumlean (Con)]

My Lords, does my noble friend not think it extraordinary that opposition parties should attack our high commissioner, who is simply ensuring that the rule of law is upheld? Can he say how many people are employed by British American Tobacco and how much they pay in tax to the Exchequer?

[Lord Ahmad of Wimbledon]

On the second part of the question, in terms of specific numbers, I will write to my noble friend. He is right, as I have already said from the Dispatch Box, that our high commissioners do an incredible job in many sensitive and challenging areas. I refer not only to Her Excellency Alison Blake, but to all our high commissioners and ambassadors around the world. We should commend, not condemn, their efforts.

[Lord Faulkner of Worcester (Lab)]

My Lords, I do not wish to condemn the activities of any representative of the British Government, but the policy enunciated by Andrew Lansley—now the noble Lord, Lord Lansley —in March 2012 was that he wanted tobacco companies to have “no business” in Britain and that,

“both at home and internationally, we will continue to act against the vested and commercial interests of the tobacco industry … My objective is to achieve smoke-free communities; theirs is to make a profit from selling intrinsically harmful products”.

Is that still the Government’s policy?

[Lord Ahmad of Wimbledon]

I think that my noble friend is in his place—

[Noble Lords]

Oh!

[Lord Ahmad of Wimbledon]

There is always a concern in the House of Lords; as one noble Lord who introduced me said to me, “Always remember there’s someone who has written either a book or a paper about the subject you’re about to answer on”.

We are entirely consistent; as I have already said, the Government stand very firm on the harmful effects of tobacco on those who indulge in smoking. Irrespective of that point, although it is a pertinent one, it remains true that our high commissioner was acting in the interests of a British company and within the rule of law, and that was qualified by the law ministry of Bangladesh.

[Lord Collins of Highbury (Lab)]

The key issue here is the international agreement we have signed up to. The Framework Convention on Tobacco Control says that in low and middle-income countries, the policies of Governments should be to increase tax revenue. That is what we signed up to—increased tax revenue on cigarettes. In the light of this decision in Bangladesh, will the Minister consider whether there is a need to ensure proper enforcement of that international convention?

[Lord Ahmad of Wimbledon]

I hear what the noble Lord says. I assure him that we are one of the leading nations in the developing parts of the world, of which Bangladesh is a good example, and want to ensure Bangladesh’s transfer to being a middle-income country. We are in favour of ensuring that all legal taxes which need to be paid are paid, particularly by British companies. This was a retrospective VAT demand. As I have alluded to on a number of occasions already, the law ministry disagreed with the action of the NBR, saying that there was no scope to demand VAT retrospectively.

[Baroness Thornton]

My Lords—

Nazanin Zaghari-Ratcliffe

Lord Ahmad of Wimbledon Excerpts

Tuesday 17th October 2017 Lords Chamber

[Baroness Northover]

To ask Her Majesty’s Government what action they are taking in relation to the case of Nazanin Zaghari-Ratcliffe, a British-Iranian dual national citizen detained in Iran.

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

My Lords, we raise all our British-Iranian dual nationality detainee cases with the Iranian authorities at every opportunity, including the case of Nazanin Zaghari-Ratcliffe. The Prime Minister, the Foreign Secretary and the Minister for the Middle East, the right honourable Alistair Burt MP, raised these cases with their Iranian counterparts at the UN General Assembly in September. Our ambassador in Tehran raises these cases at every opportunity, most recently with the Iranian Deputy Foreign Minister on 16 October.

[Baroness Northover (LD)]

I thank the Minister for that Answer, but softly, softly seems not to be working. The Iranian Nobel Peace Prize winner Dr Shirin Ebadi has advised that Nazanin Zaghari-Ratcliffe’s first trial and imprisonment, let alone the new charges, are illegal under Iranian law. What is the Government’s assessment of this advice? Do the Government agree that they have the power to take legal action against the Iranian Government to protect Mrs Ratcliffe’s rights as a British citizen? Will they now do so?

[Lord Ahmad of Wimbledon]

My Lords, the noble Baroness refers to the reports, which were widely reported in the UK, that Mrs Zaghari-Ratcliffe has been charged with additional crimes. We are aware of those reports, but we have not yet seen the details of the charges from any official sources and we are urgently seeking further information from the Iranian authorities. The noble Baroness refers to a softly, softly approach. We continue to raise these issues consistently; indeed, last week my right honourable friend the Foreign Secretary met the Foreign Minister of Iran and the Vice President of Iran and raised this case and all cases of dual nationals. There is complexity here because, as the noble Baroness will be aware, not all countries recognise dual nationality. Iran is one of those countries. However, we continue to be consistent and to raise all these cases on a regular basis. We will continue to do so to ensure that we can secure the release of all the detainees currently being held.

[Baroness Afshar (CB)]

My Lords, as an Iranian-born Member of this House, I say that it would be extremely helpful not only to Nazanin Zaghari but to all defenders of human rights and all women in Iran if the Government insisted that the Iranian Government respect their own rules and regulations and allow that all prisoners are entitled to proper representation. The difficulty here is that it is the Revolutionary Guards who are preventing the process. I am sure the Government would help the Iranian Government and Iranian citizens in prison by insisting that consideration of the proper legal representation of prisoners be maintained at all points.

[Lord Ahmad of Wimbledon]

The noble Baroness obviously speaks with great knowledge of Iran. I assure her and indeed the whole House that we continue to raise these issues in a robust manner. I am acutely aware of the details of all these cases due to my responsibilities as Minister for Human Rights at the Foreign and Commonwealth Office. Equally, the noble Baroness will be aware that she calls upon certain elements within the Iranian Administration; I hope they heed that call but, unlike the UK, Iran does not legally recognise dual nationalities, so it views these detainees as Iranian nationals.

[Lord Collins of Highbury (Lab)]

My Lords, the noble Baroness referred to the softly, softly approach. Are the Iranians, in response to our representations, criticising any public campaign on behalf of Mrs Zaghari-Ratcliffe? If they are, it is about time that we stopped the softly, softly approach and started shouting from the rooftops that the rule of law must apply.

[Lord Ahmad of Wimbledon]

When it comes to human rights anywhere—whether it is in Iran, or the issue of detainees in Iran who are dual nationals—the UK continues not only to fulfil its obligations but to demand consular access. As I said before, the Iranians view this case and others like it in a different light because they do not view the people involved as dual nationals. The noble Lord is right to raise this important issue but it is for the Iranian Government to respond to the international pressure coming not just from the UK but from other countries. We will continue to press the Iranian Government for early release.

At the same time, I can report some progress in this case. Mrs Zaghari-Ratcliffe, has been granted access to her family in Iran, together with her daughter, and I understand that they visit her at least weekly. She has also been having telephone calls with her husband. These are small steps forward and we will continue to make all representations at the highest level to ensure that we see a resolution of this case, and indeed the cases of all dual nationals who are currently in Iranian prisons.

[Lord Howell of Guildford (Con)]

My Lords, I strongly agree with the comments that have been made. I know my noble friend recognises that we remain strongly in support of the Iran nuclear deal, which of course has been questioned on the other side of the Atlantic. Will he reassure us that, even while we do that, we will in no way relax our focused criticism of the appalling intolerance and violence of aspects of the Iranian regime, particularly its constant destabilising activity throughout the Middle East, which has caused enormous suffering to many peoples in the area?

[Lord Ahmad of Wimbledon]

I could not have articulated the Government’s position better myself. My noble friend is quite correct that we are supporters of ensuring that the nuclear deal that was reached with Iran is sustained and strengthened, but that in no way takes away from our strong representations about the abuses that we see. Indeed, their growing influence in certain parts of the Middle East, as my noble friend said, is destabilising to the region and, I would suggest, to the global picture as a whole.

Iran: Future of the Joint Comprehensive Plan of Action

Lord Ahmad of Wimbledon Excerpts

Monday 16th October 2017 Lords Chamber

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

My Lords, with the leave of the House, I shall now repeat in the form of a Statement an Answer given by my right honourable friend Alistair Burt to an Urgent Question in the other place on the future of the joint comprehensive plan of action with Iran. The Statement is as follows:

“The Government take note of President Trump’s decision not to recertify the joint comprehensive plan of action and are concerned by the implications. The Government are strongly committed to the deal, and the JCPoA contributes to the United Kingdom’s wider non-proliferation objectives. The International Atomic Energy Agency continues to report Iran’s compliance with its nuclear commitments. We share the concerns about Iran’s ballistic missile programme and its destabilising activity in the region”.

[Lord Collins of Highbury (Lab)]

My Lords, I thank the Minister for repeating the Urgent Question. Alistair Burt said in the other place that the deal was hard-won and does the specific job it was designed to do. Of course, it was won by many people, with the superb diplomatic guidance of my noble friend Lady Ashton when she was at the EU. The deal is working. The Foreign Secretary told us the best way to influence the US is to stay close to the president, and of course six months ago he said:

“We were told that the … plan of action on Iran, was going to be junked”,


but,

“it is now pretty clear that America supports it”.—[Official Report, Commons, 28/3/17; col. 116.]

Will the Minister tell us what the practical implications for the UK’s policy are if the US eventually junks the agreement? Will the Government strongly reject attempts to make the deal subject to new conditions that have nothing to do with Iran’s ability to develop nuclear weapons? Does the Minister agree that the US rejecting the agreement will strengthen the hand of those in Iran who said, “Don’t trust the US”? It will make relationships incredibly more difficult. I hope that the Minister will be able to assure the House that the United Kingdom will remain strongly committed to this agreement.

[Lord Ahmad of Wimbledon]

I assure the noble Lord, and the whole House, that I stand with him in acknowledging the efforts of the noble Baroness, Lady Ashton, in the negotiation of this deal. I repeat the words of my right honourable friend Alistair Burt: yes, it was a hard deal to negotiate, but at the same time we stand by it. The noble Lord asked about the US position. As he will know, the issue of recertification has been passed from the President to Congress. However, I assure the noble Lord that the United Kingdom’s position stays firm; we believe that the deal is the right one. As I said in my original response, we are seeing full compliance from Iran on the deal, and the IAEA is getting full access. As the noble Lord will I am sure have noticed, we stand together with others, including the German and French Governments; our Prime Minister issued a joint statement with the German Chancellor and the President of France on Friday, and those sentiments have been repeated by my right honourable friend the Foreign Secretary. We are working as hard as we can with all partners—in particular, with our European partners—to keep the Iran nuclear deal going.

[Lord Campbell of Pittenweem (LD)]

My Lords, I do not disagree at all with anything that has been said. However, it is difficult to avoid the conclusion that every time the President intervenes in foreign affairs, the world becomes a less safe place. I was encouraged by the Minister’s reference to nuclear non-proliferation. Apart from the intrinsic merits of this deal, it has undoubtedly made a substantial contribution to the objective of nuclear non-proliferation. Is it not also the case that the President’s eccentric action, against all the advice of his own advisers, has been deeply damaging to trust and confidence in foreign policy as practised by the Trump Administration?

[Lord Ahmad of Wimbledon]

On the President, that is a matter for the United States. I assure the noble Lord that, first and foremost—I reiterate—we stand by the deal. Over the weekend my right honourable friend the Foreign Secretary spoke to various counterparts, including Foreign Minister Zarif in Iran, and to senior representatives of the Trump Administration in the US, to reiterate our support for the continuation of the deal. The noble Lord also raised an important point about the implications. This deal is important for our security, and for the security of the wider region and the whole world. We call upon all parties to ensure its continuation.

[Lord Tugendhat (Con)]

My Lords, I too welcome this Statement and the fact that the British Government are working closely with our European partners in the deal, notably France and Germany. Does my noble friend not agree that this is a very good illustration of our voice and influence in the world being enhanced when we work in conjunction with our European partners and that this shows the great importance of maintaining, as far as possible, the existing structures of political and foreign policy co-operation after we leave the European Union?

[Lord Ahmad of Wimbledon]

My noble friend raises an important point. We have been consistent in our approach to this deal and to international agreements. The way in which my right honourable friend the Prime Minister acted on Friday and the co-operation that we continue to demonstrate with our European partners adds to the strength of having a unified approach to issues on which we agree. That certainly reflects the situation with this agreement.

[Viscount Waverley (CB)]

My Lords, the Minister’s remarks are welcome. However, speaking frankly, how prudent is it to depart from treaty terms? It is to be hoped that Congress will see sense. President Trump entered into a diatribe towards Iran, during which he announced his instruction that US agencies should investigate. Would it not have been more satisfactory for the President to have asked his agencies first, rather than putting the cart before the horse?

[Lord Ahmad of Wimbledon]

My Lords, that is very much a question for the US Administration.

[Lord Desai (Lab)]

My Lords, now that the President has given Congress responsibility for renewing the sanctions, what efforts are Her Majesty’s Government making to influence opinion in Congress—to the extent that we can—so that it comes forward with a good set of sanctions?

[Lord Ahmad of Wimbledon]

As I said, we will continue to work with all partners, including the US, to ensure the continuation of the deal. We will work to ensure that all parties continue to implement it in full, and that its basic facts and fundamentals are upheld.

[Lord Balfe (Con)]

My Lords, the agreement represents a considerable triumph for Europe: over 13 years, with Governments of different political persuasions, we managed to get an agreement. However, we forget that China and Russia are part of the agreement that is seemingly tossed away by the leadership of the United States Administration. Can the Minister assure us that we will do everything within our power, not only with our two European allies but with China and Russia, to keep the agreement going? It is important that we are even-handed. There is a perception in that part of the world that another big player in that area has a much softer ride than Iran. It is important that, having done a deal with Iran, we are seen to obey it and fulfil the full spirit of it.

[Lord Ahmad of Wimbledon]

My noble friend is right that the deal that was struck went wider than just the EU partners. There was some very hard grafting, with a lot of work done behind the scenes to ensure wide agreement, and, as my noble friend says, China and Russia were part of the deal. I repeat the reassurance that I gave a few moments ago about the efforts that the United Kingdom Government are making. Not only are we talking with all international partners but, as I said earlier, my right honourable friend the Foreign Secretary spoke directly to Foreign Minister Zarif in Iran to assure him of the UK’s continued commitment to the deal.

Northern Cyprus

Lord Ahmad of Wimbledon Excerpts

Monday 16th October 2017 Lords Chamber

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

My Lords, I thank all noble Lords for taking part in this important and, as several noble Lords acknowledged, timely debate. In particular, I thank the noble Lord, Lord Sharkey, for raising this issue.

Before I address the questions that were raised in the debate, it would be appropriate to set out the Government’s position and the current situation with regard to the talks. In doing so, I acknowledge and will convey to my right honourable friend Sir Alan Duncan the commendation of his efforts. I joined the Foreign Office when the talks were under way. I assure your Lordships that Sir Alan spent considerable time shuttling between talks. My right honourable friend the Foreign Secretary was also involved, as was the UN. I am sure I express the sentiments of all noble Lords, not just those in the Chamber—and, indeed, the sentiments of many across the island of Cyprus—that it was extremely disappointing and regrettable that the talks did not reach a successful conclusion. I thank noble Lords for their support of the Government’s position. The noble Lord, Lord Collins, made clear Her Majesty’s Opposition’s support for the view that the Government have taken and the efforts we have made in this respect.

I make it clear that the UK does not recognise the self-declared Turkish Republic of Northern Cyprus, in accordance with UN Security Council Resolution 550. The implications of this are wide-ranging, as I shall explain. The Government continue to believe that a fair and just settlement is the best solution for the problems that beset the Turkish Cypriot community. It offers a better future for all Cypriots than any conceivable alternative. We have heard a few suggestions this evening. A united federal Cyprus could change lives profoundly on both sides of the green line. Instead of suspicion and economic stress, it could provide security and prosperity.

That is why there were such high hopes for the reunification talks in the summer. An agreement appeared within reach. The Foreign Secretary and my right honourable friend the Minister for Europe, Sir Alan Duncan, did everything in their power to help our partners overcome the final obstacles to a deal. All sides showed real courage and commitment to move beyond their long-entrenched positions. The UN Secretary-General deserves praise for his personal dynamism and deft handling of a sensitive process, which brought us closer than ever—I emphasise that—to an historic agreement. Regrettably, it remained just out of reach.

For the time being, both Cypriot communities must continue to live with the sense of insecurity that division brings. But it need not be that way for ever. We should make sure that it does not remain that way for ever. A deep concern expressed by my noble friend Lord McInnes and the noble Baroness, Lady Hussein-Ece—indeed, I think by all noble Lords—was about the challenges that many Turkish Cypriots face. The breakdown of the talks means that the problems they have faced hitherto will continue until the talks succeed. Continued partition means that ties of all kinds, from trade and travel to sport and culture, are either limited or impossible.

This also has implications for what this Government can do. As the noble Lord, Lord Sharkey, said, there are certain things we cannot do within the scope of our international obligations. He mentioned the additional security measures that have been introduced on flights between the UK and the north via Turkey. I assure him that there is no intention to target passengers from the Turkish Cypriot community with unnecessary rule changes. The Government have no aim other than to keep passengers safe. The noble Lord will recall that when the Government made a request in late March for a ban in the aircraft cabin of certain electronic devices—I remember it well because I was Aviation Minister at the time—it included several countries, including Turkey. It added impetus to our wish that passengers transiting through Turkey should not be exempt from such measures. The noble Lord raised the meeting which recently took place between representatives and the Secretary of State for Transport. I am aware of that meeting and in advance of this debate I asked my officials at the FCO to follow up on the specifics of it. I will update the noble Lord accordingly.

My noble friend Lord Balfe raised the issue of hiding behind the EU. It was strange from the Front Bench to hear different perspectives about the EU. I assure my noble friend that the United Kingdom does not hide behind anyone but we are bound by relevant Security Council resolutions not to recognise the self-declared Turkish Republic of Northern Cyprus. Leaving the European Union does not change that. I assure noble Lords that the UK is committed to supporting the economic development of the Turkish Cypriot community, reducing its isolation, which the noble Baroness, Lady Hussein-Ece, highlighted, and helping it prepare for a settlement.

I will give a few examples. Since 2004, the UK has funded a range of projects to help prepare the Turkish Cypriots to make a success of reunification. Their aims have included modernising public administration, drafting federal laws and promoting intercommunal relations. One recent project directly benefited the Turkish Cypriot community by working to strengthen local government services. Another promoted business collaboration between Turkish and Greek Cypriot entrepreneurs to build trust and encourage them to work together for the prosperity of a united Cyprus. Forging these personal links is all the more important while the political process remains stalled. It will help ordinary people see reunification not as a threat but a real opportunity to thrive together.

While the UK remains a member of the European Union, we will also continue to contribute financial and political backing to the European Commission’s aid programme for the Turkish Cypriot community. The noble Lord, Lord Collins, asked about aid. I will take his question back and write to him on it. I assure noble Lords that the EU aid programme is designed to encourage the economic development of the north, with long-term benefits for its society. It is vital preparation for reunification by bringing the north into line with the EU acquis and so helping to ensure that Turkish Cypriots can enjoy the benefits and freedoms of EU membership in full from day one of a settlement. We also encourage the two communities to persevere with confidence-building measures, which are needed now more than ever. I assure noble Lords that we will continue to look at other means of support within the constraints of UN Security Council resolutions and international law.

I shall highlight some of the other measures being taken. I assure the noble Baroness, Lady Hussein-Ece, my noble friend Lord McInnes and others that we support continued co-operation. We believe that confidence-building measures between the two sides will continue to make a positive contribution for the Cyprus settlement process. We have supported the island’s two chambers of commerce in their bicommunal work to highlight the clear economic benefits of a settlement and have promoted practical co-operation between the communities; for example, across professional services.

The noble Baroness, Lady Hussein-Ece, mentioned education. We continue to help Turkish Cypriot students access opportunities across Europe through the delivery of an EU-funded scholarship programme and by supporting UK education providers through education fairs and advice to applicants. She also asked about technical support continuing. I can confirm that the Government are pursuing their project works in the north.

I cannot agree with the proposals put forward by my noble friend Lord Northbrook, and I have already alluded to the Government’s position. He raised the important issue of the recent exploration around hydrocarbons. We welcome the restraint shown by all parties since exploratory work began and we encourage them to avoid any actions. This applies across the piece. The noble Lord, Lord Collins, also referred to this issue. Any actions that can risk escalating tensions in the region should be avoided. The focus should be on how hydrocarbons can support a settlement and be developed for the benefit of all Cypriots.

This has been a challenging summer for both communities in Cyprus, but the Government remain focused on getting a lasting settlement. The Government remain sympathetic to the plight of all Cypriots who suffer because of partition. We continue to support a settlement based on a bizonal, bicommunal federal Cyprus because we believe it is the fairest solution and, most importantly, the one most likely to last. I accept that the talks fell short in the summer, but we remain convinced that this is the right way forward. Yes, it is time to reflect, but we will continue to work with both sides to ensure that in the coming months, we continue communicating and talking with our friends on the island and across the region because it is only through discussions and negotiations and by both sides coming back to the negotiating table that we will be able to secure a brighter future for all Cypriots.

House adjourned at 8.27 pm.

Sri Lanka

Lord Ahmad of Wimbledon Excerpts

Thursday 12th October 2017 Lords Chamber

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

My Lords, I thank and acknowledge my noble friend Lord Naseby both for tabling the debate and for his long-standing commitment to Sri Lanka, including his role as honorary president of the all-party group—I am sure everyone else in the Chamber and beyond will do so, too. His tabling of this important debate at the current time comes when we are seeing progress in the right way in Sri Lanka.

When one stands at the Dispatch Box as a Minister for the Foreign Office and a Minister for Human Rights, it is important to acknowledge progress. The contributions across the Chamber reflected the fact that challenges remain, but the tone and content of all the contributions, without exception, also threw a very positive light—rightly so—on the positive steps that have been taken recently in Sri Lanka.

I will turn to human rights to begin with. As noble Lords will know, Sri Lanka has now co-sponsored two Human Rights Council resolutions relating to the legacy of the conflict in the country: Resolution 30/1 in 2015 and Resolution 34/1 in March this year. The second of the two called on the Sri Lankan Government to fully implement outstanding measures to promote accountability, reconciliation and human rights, as set out in the first. Therefore, the question posed by my noble friend Lord Naseby is one that asks about the aspects of the commitment made by the Sri Lankan Government: namely, reconciliation. Again, contributions today have reflected progress in this respect.

We all recognise that reconciliation is vital for Sri Lanka’s future success. However, it is important to address all the commitments together, because they are closely linked. Without truth, justice, respect for human rights and a commitment to long-term peace, there can be no lasting reconciliation. I say to my noble friend Lady Berridge and to the noble Lord, Lord Collins, that when we talk of human rights, we talk of universal human rights, including the protection of freedom of religious belief and of LGBT rights as well as of other human rights. It is important not only that we stand up for those but vocalise them. That is why the UK Government believe that implementation of Resolution 30/1 is essential for real reconciliation to take place. I acknowledge that, in co-sponsoring both resolutions, the Sri Lankan Government have shown that they recognise this, too.

As all noble Lords have acknowledged, there has been progress. In March, a report from the UN High Commissioner for Human Rights recognised the steps taken since January 2015 to improve the human rights situation. In particular, our Government welcome: the restoration of important democratic checks and balances; improvements in freedom of expression and free movement; the return of some land held by the military to civilians; the establishment of an Office for Missing Persons; ratification of the convention on enforced disappearances, which my noble friend Lord Naseby mentioned; and, finally, the start of a process of constitutional reform. I thank the noble Lord, Lord Collins, for supporting the position of the Government and showing that, on this matter, both Her Majesty’s Opposition and the Government are at one.

There is a clear sense that the climate of fear that existed under the previous Government in Sri Lanka has largely been replaced by one in which individuals—notably, the President himself—and the media feel confident about expressing hope and aspiration and speaking openly and honestly about the challenges facing the country. My noble friend Lord Sheikh and the noble Lord, Lord Dholakia, both mentioned the President’s contributions. We can take great hope from the aspirations and aims that he set out for building the new Sri Lanka that he wishes to see, as underlined by the commitments in the two resolutions that I referred to earlier.

I am pleased to say to the noble Baroness, Lady Cox, that UK funding and our diplomatic work are having a positive impact on efforts to promote reconciliation. In Tellippalai in the north of the country, we are funding the clearance of landmines, which is helping displaced families return to their land and homes and rebuild their lives. In Jaffna, our long-running community policing programme is helping police officers give better support to women and children. In Colombo, we are continuing to support efforts to address the stigma suffered by survivors of sexual violence. Let me assure noble Lords, communities and individuals that tackling stigma is an important step on the road to reconciliation. It is a priority for our Government and our Prime Minister. As the Prime Minister’s Special Representative on Preventing Sexual Violence, I am proud that we are able to provide vital support in this key area.

However, as my noble friend Lord Sheikh underlined in his thoughtful contribution, despite the progress we should not forget that there is more still to do. As I have already illustrated, we welcome the progress made by the Sri Lankan Government to address the legacy of conflict and to promote reconciliation across all Sri Lanka’s communities. I also underline that the UK Government are fully supportive of those efforts, but it is clear that the Sri Lankan Government need to do much more—a view echoed in the UN High Commissioner’s report.

My honourable friend the Minister for Asia and the Pacific, Mark Field, met Foreign Minister Tilak Marapana in Colombo earlier this month. At that meeting, and in the UK statements at the March Human Rights Council, we welcomed the progress made so far and urged the Government of Sri Lanka to provide the determined leadership required to fully deliver their commitments. My noble friend Lady Berridge and the noble Lord, Lord Collins, also referred to recent events, including the refuge that was attacked while protecting Rohingya Muslims. Although we have not specifically raised the issue of Rohingya Muslims and that particular attack, it remains, thankfully, an isolated incident and we are encouraged, as noble Lords have acknowledged, by the condemnation by the Sri Lankan Government in this respect.

My noble friends Lord Naseby and Lord Sheikh talked about the numbers killed. While the differential may remain, what is undisputed is that a number of civilians died in the final stages of the war and there are still serious allegations of human rights abuses against both the Sri Lankan military and the Tamil Tigers. The UK has supported the commitment that Sri Lanka has made to the UN Human Rights Council as the best way to establish truth-seeking transitional justice, restitution and reconciliation, which several noble Lords alluded to. We are encouraged that the Government are focusing on five steps which, if implemented together, could create a virtuous circle, enabling the conditions for stability, growth and long-term prosperity for all Sri Lankans, a point emphasised by my noble friend Lord Sheikh. The five steps are: first, to deliver meaningful devolution through constitutional reform; secondly, to establish credible mechanisms for transitional justice, a point well made by the noble Lord, Lord Collins; thirdly, as the noble Lord, Lord Dholakia, touched on, the importance of ensuring that all remaining private land still held by the military is returned to those who own it; fourthly, to replace the Prevention of Terrorism Act with human rights compliant legislation—my noble friend Lady Berridge and the noble Lord, Lord Collins, focused on this—and it is important that human rights compliant legislation protects the rights and freedoms of all communities; and finally, to develop a comprehensive and time-bound strategy to implement the further progress required.

I turn to some of the questions raised during the debate which I have not yet picked up. First, on the freedom of religion and belief programme, let me assure my noble friend Lady Berridge that all forms of extremism are, as she knows, condemned by our Government, whatever the basis. There are those who hijack noble faiths but it is always important to make clear that we do not blame the faith. Rather, we must universally condemn those who use a perversion of faith for their own ends. They do no service to their own faith or to humanity. She also asked about the funding of programmes. As part of our overall funding assessment we are looking at various programmes within the context of freedom of religion and belief, and we will announce our decision in the near future.

The noble Baroness, Lady Cox, talked specifically about women’s rights. In February 2017 Sri Lanka’s eighth periodic review for the United Nations Convention on the Elimination of All Forms of Discrimination against Women welcomed progress on legislative reforms and policy frameworks, including the establishment in Sri Lanka of a National Commission on Women. More work needs to be done on gender equality. I will be focusing on this in my responsibilities at the Foreign Office. I am sure that the noble Baroness would acknowledge the role of Joanna Roper, the Foreign Office Special Envoy for Gender Equality.

My noble friend Lord Sheikh rightly raised the issue of economic growth and the need to look forward. I agree that the economic situation in Sri Lanka is improving. We are delighted to see growth forecasts of more than 5.5%. It is heartening that exports from the UK to Sri Lanka also increased in 2015 and exports from Sri Lanka to the UK currently stand at £1.1 billion. The UK supported Sri Lanka’s reaccession to the EU GSP+ preference scheme in May of this year. I assure noble Lords that we aim to maintain GSP+ benefits for all beneficiary countries at the point of our separation from the EU. This is one debate where I was not specifically asked about the implications of Brexit, but I thought I would mention them anyway.

On the important issue raised by the noble Lord, Lord Dholakia, of security commitments, the Sri Lankan Government have made a number of commitments on security sector reform under Resolution 30/1. Police compliance with human rights norms has also improved and abuses are being focused on, including enforced disappearances. However, as he and other noble Lords acknowledged, much more needs to be done including the replacement of the Prevention of Terrorism Act, to which I have already alluded.

Much progress has been made, but an area which the noble Lord, Lord Collins, underlined in his contribution is what has been done to protect LGBT rights. I assure the noble Lord that the UK remains strongly committed to promoting LGBT people and their rights wherever they live in the world. The UK has provided support to the Sri Lankan Government and the Sri Lankan LGBT rights NGO, working to promote equal rights and to lobby against discrimination. I further assure him that we have raised with the Government our concerns about the increase in nationalist campaigns that targeted religious minorities, to which my noble friend Lady Berridge alluded, and LGBT groups. We also joined the EU statement calling for an end to all forms of discrimination.

A process of constitutional reform began in March 2016. It represents an important opportunity for Sri Lanka to improve human rights protections, and we will continue to monitor the situation very closely. Under Sri Lanka’s current coalition Government there exists, as we all recognise, a historic window of opportunity to build a lasting peace. Meeting the commitments made in Resolution 30/1, including on reconciliation, will be essential to making this happen. Progress has been made, and the benefits are already being seen and enjoyed in Sri Lanka. It remains our view that full implementation of the resolution will require a concerted effort from all parties in Sri Lanka. The President of Sri Lanka has stated that he is committed to creating that environment and climate. I assure him, noble Lords and Sri Lankans—irrespective of their background and community and including the rich diaspora which makes up the British Sri Lankan community—that the UK Government will continue to encourage and support these reforms.

I thank all noble Lords once again for their detailed and thoughtful contributions to this important debate, and my noble friend Lord Naseby for tabling it.

House adjourned at 5.47 pm.

Burma: Rohingya People

Lord Ahmad of Wimbledon Excerpts

Wednesday 11th October 2017 Lords Chamber

[Baroness Kinnock of Holyhead]

To ask Her Majesty’s Government what action they are taking to prevent human rights violations against the Rohingya people in Burma.

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

My Lords, we are deeply concerned by events in Rakhine State. The British Government have led the international response to press the Burmese authorities to end the violence and enable humanitarian access and an early return of the Rohingya refugees from Bangladesh. We believe that the implementation of the Annan commission recommendations offers the best long-term solution to the underlying issues in Rakhine, and we are working with like-minded partners to support the Burmese Government with implementation.

[Baroness Kinnock of Holyhead (Lab)]

My Lords, I thank the Minister for what he has to tell us. However, in recent weeks, over half a million more Rohingya people have been forced to flee slaughter and other atrocities, hundreds of villages have been destroyed and the border has been landmined. That is what these people are facing, which makes it hugely difficult to talk about peace and agreement. The UN has called it nothing less than ethnic cleansing, but, shamefully, Aung San Suu Kyi, whom many of us have respected in the past, has called it “fake news”. Will our Government now recognise the evidence of genocidal crimes against humanity and agree to lead efforts to immediately restore UN sanctions and arms embargoes against the Burmese regime?

[Lord Ahmad of Wimbledon]

First, I of course acknowledge the excellent work that the noble Baroness does on this issue and I share her sentiments totally. The brutality and military ruthlessness and the ethnic and religious prejudice that lies behind this human suffering are there for all to see. The noble Baroness will be aware that the UK has been leading action at the UN Security Council in the open debate that has taken place, and that there have been various engagements through both my right honourable friend the Foreign Secretary and my right honourable friend the Minister for Asia and the Pacific, who recently returned from Burma. We have also been speaking directly to the Bangladeshi Government—indeed, I met with Her Excellency the Prime Minister of Bangladesh last Friday. All the matters that the noble Baroness has raised are very much on the agenda. We do not, in any case, sell any arms to the military in Burma, and let us be absolutely clear: it is the military who are behind this ruthless and brutal treatment of the Rohingya. We were providing some military training through education on issues such as human rights, and that has also been suspended.

[Lord Alderdice (LD)]

On the moral case which has been identified so clearly by the noble Baroness, Lady Kinnock of Holyhead, do Her Majesty’s Government appreciate that the plight of these people because they are Muslims is now being used loudly as a recruiting sergeant by ISIS in south and south-east Asia? This is not just a question of the moral imperative to do what is necessary for the Rohingya people; we in this country must also say very loudly that we oppose any role that Aung San Suu Kyi has in all of this. We rightly have a history of being very supportive of her when she needed it. For the sake of our Muslim people, we must now say very clearly that what she is doing and the stand she is taking is wrong and that we do not support it.

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[Lord Ahmad of Wimbledon]

Any kind of prejudice against any ethnicity or religion is unacceptable and it is quite right to point it out. I share the noble Lord’s sentiments and agree with him that the time has come for Aung San Suu Kyi to use her moral authority to challenge directly herself the military ruthlessness and ethnic prejudice that lies behind the suffering.

[Baroness Hayman (CB)]

My Lords, as the noble Baroness, Lady Kinnock, said, since August there has been an influx of more than 500,000 mainly Rohingya women and children into an already poor and over-populated part of Bangladesh, leading to a desperate humanitarian situation. I declare my interest as a trustee of the Disasters Emergency Committee. Like the British public, the UK Government have been generous in their response, not least in their aid match to the DEC appeal, but in the light of the overwhelming need of those people for food, shelter, sanitation and healthcare, I urge the UK Government to continue to review their contribution and ask other nations to do so as well.

[Lord Ahmad of Wimbledon]

The noble Baroness raises a pertinent point. It is regrettable that currently, as I am sure she and the House are aware, in Rakhine itself the authorities are not allowing humanitarian access, apart from the Red Cross. We have provided £1 million directly to that programme. But on Bangladesh specifically, she is right to raise the match funding that we declared on the £3 million. The noble Baroness may be aware, as I hope the House is, that we have also provided through DfID an additional £30 million in humanitarian assistance since the crisis started. That was announced in mid-September and is being spent directly on the issues that she raises, such as food and sanitation, currently for over 126,000 refugees.

[Baroness Berridge (Con)]

My Lords, although the overwhelming majority of people have fled to Bangladesh, about 40,000 Rohingya have in fact fled to India. The Indian Government are now threatening to deport them back to Myanmar. Are we going to speak to our colleagues in India to outline their commitments under international law and the principle of non-refoulement, which means that they should not deport to a place where there is a risk of torture?

[Lord Ahmad of Wimbledon]

My noble friend raises an important point about the challenge and the burden that has fallen on neighbouring countries. We have talked about Bangladesh, and on the matter she raised, I can assure her that my right honourable friend Mark Field, during his visit to south-east Asia, also visited India and met with Foreign Minister MJ Akbar to discuss various issues, including the humanitarian situation and Burma itself.

[Lord Collins of Highbury (Lab)]

My Lords, I welcome what the Minister said regarding the suspension of advice to the military in Burma, but has the same consideration been given to the DfID funding of parliamentary advice and the WFD funding of advice to the Union Government? While this genocide is going on, should we not suspend that activity as well?

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[Lord Ahmad of Wimbledon]

The noble Lord raises an important issue. We have stood with Burma. I remember visiting Burma as a Minister in my previous role after the new Government were elected, and it was clear to me then that what the country needed most was acute assistance with governance. The noble Lord raises a couple of pertinent points and, if I may, I will take those back and write to him accordingly.