Hong Kong National Security Legislation
Lord Hain Excerpts(3 years, 10 months ago)
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Lord Ahmad of Wimbledon
My Lords, I assure the noble Lord that we will continue on all fronts to look at the human rights situation in China with respect to the points that he has raised. I have seen directly through diplomatic engagement that China does take notice of the international statements that we make through the UN system and the concerns that we raise bilaterally, and we will continue to do so. On the Huawei issue specifically, I know that colleagues in the digital department will respond in due course, but our position has always been clear: we want to protect our networks, and appropriate security measures are in place to do just that.
Lord Hain (Lab) [V]
My Lords, given that the Minister has confirmed that its oppressive actions over Hong Kong are in direct breach of international law, will the Government now join our European Union allies in bringing China before the International Court of Justice?
Lord Ahmad of Wimbledon
We are working with international partners but, as the noble Lord will be aware, the ICJ requires the agreement of both parties, and in this case I am not sure that the Chinese authorities would agree to an ICJ intervention.
Yemen: Humanitarian Aid Funding
Lord Hain Excerpts(3 years, 11 months ago)
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Lord Ahmad of Wimbledon
My Lords, as the noble Lord will be aware, I am delighted that we, the United Kingdom, under the leadership of the Prime Minister, are hosting the Gavi conference today. We have made a commitment to vaccines: not just to finding a Covid vaccine but to ensuring equitable access to that vaccine once it is discovered. We have also put money behind this. We made a pledge equating to £330 million a year for the next five years for Gavi, which leads on vaccine research and will ultimately lead on equitable distribution once a vaccine is found—particularly in the most vulnerable parts of the world, such as Yemen.
Lord Hain (Lab)
My Lords, surely the toxic mixture in Yemen of bloody warfare, extreme poverty, malnutrition, cholera, climate change and religious fundamentalism, and now Covid-19, is also a chronic failure of foreign policy over a proxy battle between Saudi and Emirati-backed Sunni Salafis and Iranian-backed Shias, with al-Qaeda terrorists exploiting the chaos, and the West simply wringing its hands behind the Saudis instead of playing honest broker.
Lord Ahmad of Wimbledon
My Lords, the schism in Islam between Sunni and Shia Islam is well known. We do not believe that our foreign policy should focus on resolving that conflict; we believe that we can bring people to the table and ensure a lasting peace settlement. The noble Lord illustrates well the challenge that we face in Yemen, but that should not deter us from doing everything we can on the humanitarian and diplomatic fronts to bring resolution to a crisis that has gone on for far too long.
British Citizens Stranded Overseas
Lord Hain Excerpts(4 years ago)
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Lord Ahmad of Wimbledon
I am fully aware of the challenges which have been imposed on many networks, including the British Council. We have brought back diplomats and staff of the British Council because of the health situation or lack of flights in certain parts of the world. I shall write to the noble Baroness on the specific numbers.
Lord Hain (Lab)
My Lords, I know that Foreign Office staff and Ministers have been working hard, but does the Minister agree that the savage cuts in the Foreign Office’s budget these last 10 years have contributed to the shambles of returning our citizens? One operator had to hire a private jet to return 10 Brits stranded in Turkey because all the Foreign Office could offer was to get them to Minsk. Why is Nazanin Zaghari-Ratcliffe still so shamefully stranded in Covid-infested Tehran?
Lord Ahmad of Wimbledon
I do not agree with the noble Lord. We have had a massive effort, and I pay tribute to our network. The noble Lord will recall that the Prime Minister, as Foreign Secretary, embarked on an ambitious programme to increase the number of posts, and our diplomats have served us with great aplomb.
We are acutely aware of the situation of Nazanin Zaghari-Ratcliffe and continue to lobby for her permanent release. We have been encouraged by her release on 17 March and its extension, but we continue to make representations to the Iranian Government to make her release permanent so that she can be returned home to the UK and reunited with her family and loved ones.
Sanctions
Lord Hain Excerpts(4 years, 3 months ago)
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The Minister of State, Foreign and Commonwealth Office (Lord Ahmad of Wimbledon) (Con)
My Lords, the Sanctions and Anti-Money Laundering Act 2018 provides the legal basis for the United Kingdom to impose autonomous sanctions. We have already laid some secondary legislation to transfer existing EU regimes into UK law at the end of the implementation period. One area where we will use the sanctions Act is to establish a UK autonomous global human rights Magnitsky-style sanctions regime once we leave the European Union. The sanctions regime will address serious human rights violations or abuses wherever they occur.
Lord Hain (Lab)
My Lords, I welcome the Minister’s statement; it is considerable progress on the exchange we had late last year. But it is important that the Government deter international crime by establishing sanctions similar to those imposed by the USA on the Gupta brothers of South Africa for their part in former President Zuma’s corrupt regime, which looted hundreds of millions of pounds from South African taxpayers. The fact is that some of the world’s worst criminals and human rights abusers have significant assets in the UK, and it is important that this process is accelerated and given real teeth, as in the USA, enabling them to be targeted and denied the right to travel and to have their UK-based assets frozen. Otherwise, London will continue to be a centre for money laundering for serious criminals such as the Gupta brothers.
Lord Ahmad of Wimbledon
My Lords, we continue to have helpful discussions with the noble Lord in this respect. My colleague the Minister for Africa has also written to him. On his final point on money laundering, I draw the noble Lord’s attention to the fact that in 2018 FATF undertook a review of over 60 regimes across the world, in which the UK ranked the highest, showing that we have a robust money laundering regime in place. That said, there are always improvements to be made. As far as the sanctions regime itself is concerned, as I have said before from the Dispatch Box, we are currently considering its overall scope. The noble Lord makes some helpful suggestions. On his point about other regimes around the world, as I have always said, the imposition of sanctions works best when there is connectivity across like-minded partners.
Middle East: Security Update
Lord Hain Excerpts(4 years, 4 months ago)
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Lord Ahmad of Wimbledon
My Lords, on the second point made by my noble friend, again I am sure that he has seen the statement made, I believe, yesterday by Secretary of State Pompeo in which he emphasised how important it was that the actions of the US will adhere to international law. On the issue of taking action in self-defence, as I have said, this was a matter very much for the US and I am not going to second guess from the Dispatch Box that assessment. However, it is certainly our view that, while we do not doubt that there were plans for imminent attacks on American diplomats and military personnel, I should reiterate that, rather than speculate about what has happened, our focus should be on seeking to ensure that we de-escalate at this time.
Lord Hain (Lab)
My Lords, does the Minister agree that, as a result of this reckless unilateralist act by President Trump, Iranian and Russian influence in the region is likely to increase—and what does that do for British influence?
Lord Ahmad of Wimbledon
As regards Iranian influence, we have sought to keep our diplomatic channels open and to engage with the Iranian Administration. It is important to ensure, in the situation we are facing, that extremist and terrorist elements in the wider region do not gain greater momentum—that must be the primary concern at this time—and that the alliances that have been forged to date continue to have an effect on the ground. As I saw for myself on my visit to Iraq, there are real and tangible positive measures and steps that have been taken, and achievements on the ground. I hope that those are not lost, and therefore we will continue to engage proactively to ensure that the situation in Iraq does not descend into further turmoil. It is important that we de-escalate, which is why we have called for all sides to look at any further action they may take, because any further action that increases tensions in Iraq will lead only to the very forces mentioned by the noble Lord gaining greater ground—and none of us desires that.
South Africa: Money Laundering and Corruption
Lord Hain Excerpts(4 years, 7 months ago)
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The Minister of State, Foreign and Commonwealth Office (Lord Ahmad of Wimbledon) (Con)
My Lords, I thank the noble Lord for raising this important issue and also for his recent letter to my right honourable friend the Chancellor of the Exchequer. We note with interest the recent announcement by the US Administration and will consider the noble Lord’s request very carefully. We are aware fully of the allegations relating to these individuals and are discussing with the South African National Prosecuting Authority how we can best support its work to pursue proceedings against those implicated in corruption.
Lord Hain (Lab)
I am grateful to the noble Lord for his Answer. Will the Chancellor follow the US Treasury in imposing sanctions on Rajesh Gupta, Atul Gupta and Ajay Gupta, to block all of their property and interests in property within the UK’s jurisdiction and, like US persons, prohibit UK citizens and UK-based financial institutions and other UK-based entities from engaging in any transactions anywhere across the world with them? Will the Chancellor also immediately contact the Dubai, Hong Kong and Indian authorities and ask them to do the same?
Through their corrupt criminality and shameful looting, blessed by former President Zuma, the Gupta brothers have ripped off South African taxpayers by well over £500 million, a lot of it laundered through London, Dubai, India and Hong Kong, and assisted by London-based corporates such as McKinsey, KPMG, Bain & Co and Hogan Lovells. Any failure by global Governments to act against all this would echo their failure to impose sanctions on apartheid South Africa.
Lord Ahmad of Wimbledon
My Lords, I am sure the noble Lord will appreciate that I cannot say any more on the specific matter he has raised at this point. We are in touch with the South African authorities. The noble Lord is also very much aware of the strong stance that the UK Government and indeed the United Kingdom have taken over several years in further strengthening our work on tackling corruption and illicit finance. He raised a specific question on the UAE and India and whether my right honourable friend would write. I have been informed that the South African authorities have already made mutual legal assistance requests to the Governments of those countries. Additionally, similar requests have been made to the Governments of Canada, Switzerland, Mauritius, Hong Kong and China. As I said, I am aware of the letter the noble Lord wrote to my right honourable friend and I know the Chancellor will respond to him shortly.
Kimberley Process Certification Scheme (Amendment) (EU Exit) Regulations 2019
Lord Hain Excerpts(5 years, 2 months ago)
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Baroness Northover (LD)
My Lords, I was unable to be present when this SI was considered in Grand Committee, and I am very grateful for this opportunity to comment briefly. If the UK is indeed to leave the EU, this is an area in which we must put in place our own arrangements. The Kimberly process is an extremely important certification scheme to address the appalling abuses involving so-called blood diamonds which drive conflict, particularly in Africa. The Kimberley process seeks transparent and fair practice in this sector, and we are rightly signed up to it. I note and share the concerns expressed in Grand Committee by the noble Lord, Lord Collins, about exactly what would happen if we were to leave the EU with no deal. Nevertheless, on behalf of these Benches, we welcome the Government’s continued commitment to the Kimberley process as expressed in this SI. Whether we are in or outside the EU, this commitment is vitally important.
Lord Hain (Lab)
My Lords, I endorse what the noble Baroness has said, and what my noble friend Lord Collins said in Committee. Can the Minister give us a categorical assurance that there will be no gap when Britain is no longer a signatory and supporter of this scheme? I declare an interest as I was the British Foreign Office Minister who initiated this treaty and Britain’s involvement in it. Britain led the way to get the international treaty, and we got the rest of the European Union signed up to it—initially against resistance from the World Diamond Council but, ultimately, with its support. This is a very important scheme, making sure that conflict diamonds do not enter the international arena illegally and fuel conflict, as they once did in Angola, Sierra Leone and the DRC.
Lord Foulkes of Cumnock (Lab Co-op)
My Lords, the noble Baroness, Lady Northover, can be excused totally for being unable to be present. In fact, hundreds of us were not able to be present; the only people present were the Minister and my noble friend Lord Collins.
Jamal Khashoggi
Lord Hain Excerpts(5 years, 6 months ago)
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Lord Ahmad of Wimbledon
The noble Lord speaks from wide experience in this respect and I agree with him on principle. I fully support his position but what Germany exports and what is does is really a matter for the German Chancellor and Government. I have looked at the structure and support of arms sales. This was put in place by the very respected Robin Cook when he was Foreign Secretary. There are quite strict procedures in place to ensure that these weapons comply with international humanitarian law.
Notwithstanding that, the noble Lord will also be aware that our export licensing system also builds in flexibility to allow us to respond quickly to changing circumstances. Since 2015 we have suspended more than 331 licences. This is not a case of once agreed, never suspended. I agree with the noble Lord that we must be very careful to ensure that our response is considered, clear and unequivocal. We should act only, I stress again, once the full facts have been presented. As I said, we await the full facts from the Turkish investigation.
Lord Hain (Lab)
My Lords, following up the noble Lord’s Statement, we brought in legislation on arms sales, which this Government profess to comply with, saying that arms could not be sold to be used for external aggression or internal repression. External aggression is what the Saudis are doing in Yemen on a massive scale. We need to reset our relationship with Saudi Arabia, particularly in light of this barbaric murder. By the way, President Erdoğan championing journalistic freedom is something else.
Will the Minister consider the case for resetting the relationship with Saudi Arabia without turning our backs on an important strategic relationship in intelligence and defence terms? I understand that, having been a Middle East Minister. We should adopt a much more even-handed attitude in that region, especially between Riyadh and Tehran. We treat Iran as a pariah state but we treat the Saudis as brothers in arms. Maybe the Crown Prince took that and the signals from President Trump as giving him a blank cheque, as it were, to operate with impunity in a lawless way, as has clearly happened in Istanbul.
Lord Ahmad of Wimbledon
My Lords, the noble Lord mentioned how Saudi Arabia has been acting and this crime in particular. The reaction to it and the changing position from the Saudi Government reflect the strength of opinion and representations made not just by the United Kingdom but others. It has resulted in the admittance that a crime—indeed, a murder—took place in the consulate in Istanbul. As I said, we await the full facts of what will be determined from the investigation by Turkey, which we fully support.
Picking up a thread from the earlier questions from the noble Lord, Lord West, about training and support, it is right that we provide support in terms of training to militaries across the world, as we do to the Saudi military. There is an advantage in doing this because we share elsewhere the values and the strong sense of training deployed by our troops, which stress the importance of international humanitarian law.
As for resetting relationships, the noble Lord acknowledged the importance of the strategic partnership, but lessons will be learned from this incident, which resulted in the murder of Jamal Khashoggi. As I said, once all the facts have been presented, the United Kingdom Government will consider them very carefully and act accordingly.
Palestinian Territories
Lord Hain Excerpts(5 years, 11 months ago)
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Lord Hain (Lab)
My Lords, I am both a long-standing supporter of the Palestinian cause and a friend of Israel. As a British Minister for the Middle East from 1999 to 2001, I worked closely with both Israeli Government Ministers and Palestinian leaders. My background of fighting apartheid, racism, Islamophobia and anti-Semitism is recorded. For decades I have favoured the internationally supported two-state solution as the best plan for peace and the fairest outcome, but is this now in any way feasible? Prime Minister Netanyahu and other members of his Government and MPs have recently spoken out against it, endorsed by the renewed “Greater Israel” discourse of the growing Israeli right calling for the annexation of Palestinian territories. Negotiations between Israeli and Palestinian leaders have failed, as has a reliance on the US to deliver Israeli co-operation. Europeans, meanwhile, have been unable to deliver the settlement freeze they advocate.
Today, the situation of Palestinians living on their own land resembles a harsh civil rights struggle. Gaza is under Israeli siege. Palestinian life in the West Bank and east Jerusalem is untenable because they have little or no say over the running of a land that has increasingly become an archipelago of isolated Palestinian territorial islands in a sea of Israeli-controlled land, checkpoints, bases and settlements. If Israel’s relentless expansion into Palestinian territories cannot be stopped, we face one of two possible outcomes. The first is that all Palestinian presence in the West Bank and east Jerusalem remains in a permanent and ever more formalised “Bantustan” status; islands of minimal self-governance with the continued denial of basic rights, facing perpetual insecurity and possible future physical removal, deprived of full access to water and subject to all manner of restrictions on land rights and free transport across their own territory. The second is that they are absorbed into a common Israeli-Palestinian state with the opportunity for pluralism and human rights advancement.
Tense and difficult though the current standoff may be for Israel, it is not going to be defeated and therefore holds the stronger hand. Would Palestinians, absorbed into their traditional homeland, albeit alongside Jewish citizens with a narrow majority over them, drop their historic grievance and quickly adjust to the new reality? That is optimistic to say the least. But if the window for the two-state solution has indeed closed, should the EU, the US and the UK make it plain to Israel that a one-state alternative may be the only one available to ensure its own security? If so, what guarantees might there be for Jewish citizens both within Israel and worldwide if they agree to this merger? Could the Arab nations join those in the West like the US and the UK to provide the post-World War Two guarantee of “never again”? Could a federal or confederal state provide a way forward, with common security, a unified economy, common civil rights and guarantees of religious freedom for Jews and Muslims, but considerable political autonomy for the territories within it of “Israel” and “Palestine”?
Is it not the blunt truth that we must either undertake a massive social and geographical reverse engineering to re-enable a genuine two-state outcome, with two sovereign independent states based on 1967 lines with equal land swaps—and without all the unreasonable Israeli caveats that drain the Palestinian state of any real meaning—or recognise a common-state reality and make it truly democratic, with enfranchisement and rights for all?
I am making a plea for honesty because it seems that the international community is publicly sheltering behind the policy of a two-state solution, while privately knowing that it has become a convenient mantra rather than a deliverable policy.
Sanctions and Anti-Money Laundering Bill [HL]
Lord Hain ExcerptsMonday 21st May 2018
(5 years, 12 months ago)
Lords ChamberRead Full debate Sanctions and Anti-Money Laundering Act 2018 View all Sanctions and Anti-Money Laundering Act 2018 Debates Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: HL Bill 101-I Marshalled list for consideration of Commons amendments (PDF, 96KB) - (18 May 2018)
Baroness Northover (LD)
My Lords, we, too, welcome Amendment 1 and the consequential amendments, which are the concession made by the Government in the Commons explicitly to include gross human rights abuses in the Bill, recognising the vote in the House of Lords led by the noble Lord, Lord Pannick, and others. We also welcome Amendment 16, which deals with the concern raised by the Independent Reviewer of Terrorism Legislation and the Joint Committee on Human Rights. We also welcome Amendment 17, requiring the Government to make periodic reports on the use of powers to make sanctions. How frequently may those occur and what form may they take? Most of all, I thank the Government for listening to the views expressed here and hope that we can take heart in relation to other legislation and votes we have seen in recent times.
Lord Hain (Lab)
My Lords, I, too, welcome government Amendment 1 and its associated amendments and applaud the Minister for the way he has spoken forthrightly on the human rights agenda and stewarded the Bill, which is a case study in how a Government and a Minister should and can respond to amendments from the Opposition, the Liberal Democrats and Cross-Benchers.
At the same time, I crave the indulgence of the Minister, the Whip sitting next to him and your Lordships’ House in returning to a subject which I have raised before—which, I am authoritatively told, has had some impact on the welcome change in the leadership of South Africa. This week marks South African President Cyril Ramaphosa’s first 100 days in office. I will be brief, but the official state money laundering and corruption virus he inherited from President Zuma is significantly more virulent and pervasive than even Ramaphosa could have anticipated, made immeasurably worse by the complicity of UK-based global corporates.
Take Hogan Lovells, the international law firm headquartered here in London and in Washington, its role starkly exposed in documents recently released to the parliamentary finance committee in South Africa. In your Lordships’ House, Report on the Bill on 15 January, I first criticised its role for whitewashing corruption by Tom Moyane, chief of the South African Revenue Service, now suspended by the new President. According to these documents, Hogan Lovells kept silent even when its findings related to money laundering and corruption by Moyane’s former deputy, Jonas Makwakwa, and even after Moyane misled the South African Parliament. Through its despicable, fee-grabbing complicity, Hogan Lovells spared these two notorious perpetrators of state capture in South Africa from accountability for their complicity in, and cover up of, serious criminal behaviour, including money laundering and corruption.
At the same time, Hogan Lovells has been undermining the criminal justice system in a series of other cases, as proven by the fearless Forensics for Justice NGO investigator, Paul O’Sullivan. Effectively, Hogan Lovells was acting as former President Zuma’s legal fudger-in-chief.
Brave investigative journalist Pauli van Wyk has exposed lies by the senior partner of Hogan Lovells in South Africa, Mr Lavery Modise. In the Daily Maverick, she pointed out:
“Despite having the benefit of the report by Price Waterhouse Coopers (who actually conducted the investigation), Modise and his team ultimately charged Makwakwa with everything he could explain, and with exactly nothing that he previously struggled to explain, or simply refuse to account for”.
Indeed, the more serious allegations in the PwC report were carefully filtered out of Hogan Lovells’s report, and the firm did not point out that Moyane was preventing critical evidence from being given to PwC.
Hogan Lovells’s most specious piece of lawyer sophistry was to claim that it could look only at the employer-employee issue involved and not at any criminal issue, giving the excuse that the employee, Makwakwa, could otherwise implicate himself. Surely all good employers, and indeed employees, should report on any criminality at their workplace, and surely even more so in the vital state revenue agency when the crime relates to money laundering and tax evasion. Effectively, Hogan Lovells turned a blind eye to the looting of the tax agency. It took a fat fee and ignored the truth. Most astonishing to me is that Hogan Lovells still refuses to acknowledge, let alone apologise for, its complicity, thereby actively supporting those still trying to undermine President Ramaphosa’s reform programme.
The behaviour of Hogan Lovells in South Africa is a classic example of a British-based company obfuscating its behaviour, using the complexities afforded by the law, including client confidentiality, to conceal the crimes of money laundering and corruption. Hogan Lovells fits exactly the behaviour exposed by investigator Pauli van Wyk when she concluded:
“The tale of State Capture ... co-exists in a mutually parasitic relationship where the public purse is the feeding ground and corporates are the enablers and agents of whitewash”.
British based corporates such as Hogan Lovells should be supporting, not thwarting, President Ramaphosa’s anti-money laundering agenda.
The Solicitors Regulatory Authority has now declared that Hogan Lovells South Africa is a “connected party” to its UK firm and I therefore request—I hope that I will have the Minister’s support—that the SRA withdraws recognition from Hogan Lovells UK and suspends its UK senior partners from practising here for its scandalous activities in South Africa. I also ask British Ministers to ensure that Hogan Lovells UK receives no more UK public sector contracts until it at least apologises for its shameful and shameless South African role. Additionally I can report that, after I raised this matter at Second Reading in November, the Financial Conduct Authority has recently informed me that it is engaging with the whistleblower who has supplied evidence that I believe should see HSBC prosecuted for conspiracy for facilitating money laundering.
I conclude: unless Ministers ensure that there are penalties for UK-based corporates like Hogan Lovells, HSBC, the Bank of Baroda, Standard Chartered, Bell Pottinger, KPMG, McKinsey—and who knows how many others?—for their complicity in protecting criminals engaged in money laundering in the South African case, I am afraid this legislation will not be worth a candle.
Lord Pannick (CB)
The Minister was asked about safeguards. Can he confirm that the safeguards in the Bill, which we debated at great length in its various stages to ensure fairness to those listed, will apply in exactly the same way to those persons accused of human rights violations as they apply to all those listed for other reasons under the Bill?