Ukraine: International Conference

Lord Purvis of Tweed Excerpts

Tuesday 7th June 2022 Lords Chamber

[Lord Goldsmith of Richmond Park (Con)]

On the second point, I am afraid I cannot answer; it is not for me to discuss future policy in relation to sanctions. However, there have been a number of assessments of the effect of the sanctions. We believe that the sanctions have had an inhibiting effect in relation to Mr Putin’s ability to mobilise his forces. For example, several weapons manufacturers have had to suspend their activity as a result of lack of access to parts, and defence company capabilities have been restricted, limiting Russia’s ability to replace advanced tech, including drones. Russia’s domestic vehicle sales have dropped by around 80%, partly due to lack of components. It is also forecast that Russia’s GDP is shrinking by anything between 8% and 15% this year, with the IMF expecting its economy to shrink further next year. As I said, it is not appropriate to speculate on specific future designations as that would undermine their impact, but there is no doubt that the sanctions are having an effect.

[Lord Purvis of Tweed (LD)]

The President of Senegal, as chairperson of the African Union, met representatives at the EU summit last week. He warned of the collateral damage that is putting between 8 million and 13 million people in Africa—especially in central Africa and the Horn of Africa, which I will visit next week—in imminent danger of absolute hunger. There is a great need for urgent international co-ordination between the IMF, the World Bank, the G7, the EU and the UK. Will the Minister consider a London summit on humanitarian relief for the collateral damage being inflicted on the most innocent and vulnerable in the world, through no fault of their own, as a result of Putin’s aggression?

[Lord Goldsmith of Richmond Park (Con)]

My Lords, it certainly is the case that Russia, and in particular Vladimir Putin, has used hunger as one of the weapons in his war against Ukraine, with effects not just for people in the region but across the whole world, as the noble Lord said. The UK has announced additional finance as an immediate relief for those countries most affected. For example, we are addressing, through investment, food insecurity in the Horn of Africa and Yemen. We have pledged £286 million to meet needs in Afghanistan. Over the next three years, we will direct £3 billion to the most vulnerable countries and people to help them recover from the crises. In addition, the World Bank has announced $30 billion to address food insecurity globally over the next 15 months, much of which—although not all—is a response to what is happening in Ukraine.

Food Insecurity: England

Lord Purvis of Tweed Excerpts

Tuesday 7th June 2022 Lords Chamber

[Lord Goldsmith of Richmond Park (Con)]

My Lords, the UK has a resilient food supply chain. The preparations we were required to make in the event of a no-deal exit from the EU ensured that the UK made preparations that otherwise perhaps would not have been made. In a very real sense, the possibility of a no-deal exit led to an audit of our supply chains, which has resulted in a much more resilient system than we might otherwise have had.

[Lord Purvis of Tweed (LD)]

My Lords, given that farms are reporting that only 25% of seasonal workers have received their visas, would the Minister have another attempt at answering the question from the noble Baroness, Lady McIntosh of Pickering, as to why there is a delay in visas for seasonal workers?

[Lord Goldsmith of Richmond Park (Con)]

I refer the noble Lord to my previous answer. Defra is working very closely with the Home Office to ensure we have the labour we need to collect the food grown in this country.

International Development Strategy

Lord Purvis of Tweed Excerpts

Monday 6th June 2022 Lords Chamber

[Lord Goldsmith of Richmond Park (Con)]

My noble friend makes an important point. As he says, the majority of overseas territories do not qualify for ODA. However, I and the Government think there is a problem in the way in which the rules are assessed and those assessments are made. As he notes, small island states are particularly vulnerable to extreme weather events and can be plunged from prosperity into poverty literally overnight. We have taken up this issue with our international partners, and I hope we will see movement on the criteria soon. In the meantime, yes, our support for the OTs remains. We have increased our funding for work in the overseas territories, and I am very keen for us to continue to do so.

[Lord Purvis of Tweed (LD)]

My Lords, on 12 July last year the Chancellor told the House of Commons that

“the Government commit to spending 0.7% of GNI on ODA when the independent Office for Budget Responsibility’s fiscal forecast confirms that, on a sustainable basis, we are not borrowing for day-to-day spending and underlying debt is falling”.—[Official Report, Commons, 12/7/21; col. 3WS.]

In March the Economic and Fiscal Outlook said the following of ODA, on page 129:

“At this forecast, the current budget reaches surplus and underlying debt falls from 2023-24.”


That is just six months away. Why are the Government not preparing for restoration as, according to the OBR, we have met the fiscal tests?

[Lord Goldsmith of Richmond Park (Con)]

It is worth saying that the UK remains one of the largest donors globally. We spent more than £11 billion in aid around the world in 2021, and the Government have committed, as the noble Lord acknowledged, to returning to 0.7% as soon as we can. That is something that I know the whole House, on both sides, supports. In various debates the noble Lord has made the point that in jumping from 0.5% to 0.7% and having the opposite of a cliff edge—a steep mountain to climb in a short period of time—there is a risk of not investing that additional money wisely. This is a very live discussion in the FCDO, and one that I am taking part in. I am not yet in a position to go into detail about what that means.

Nigeria: Killing of Church Worshippers

Lord Purvis of Tweed Excerpts

Monday 6th June 2022 Lords Chamber

[Lord Goldsmith of Richmond Park (Con)]

I am grateful to the noble Lord for his comments and for raising the case of Mubarak Bala. The UK Government continue to follow the case closely and the Minister for Africa, Latin America and the Caribbean has raised his recent sentencing with the Nigerian Foreign Minister. The UK Government believe that the right of individuals to express opinions is essential to a free and open society. The UK is committed to defending freedom of religion or belief for all and promoting respect between different religious and non-religious communities. Promoting the right to freedom of religion and belief is one of the UK’s long-standing human rights priorities.

On a broader point that the noble Lord raised, we are concerned about rising conflict and insecurity across the country. That includes terrorism in the north-east, intercommunal conflicts and criminal banditry in the north-west and middle belt, and violence in the south-east and south-west. The data we have from 2020 suggests that only Afghanistan and Yemen experienced more civilian deaths due to conflict than Nigeria. We are committed to working with Nigeria; it is one of our main aid partners and has been for many years. The Minister for Africa, Latin America and the Caribbean discussed these issues with Nigeria’s Vice-President and Foreign Minister during her visit and they agreed that future co-operation is required between our two countries to respond to shared threats and to support Nigeria to tackle security challenges and promote human rights. Our teams are working on exactly what that looks like as we speak.

[Lord Purvis of Tweed (LD)]

My Lords, no one could see the images and reports of this horrific attack and not be moved. I share in the Minister’s condolences to those affected. This will be a scar for many years to come in that community. I also agree with the Minister’s comments recognising the nuance and complexity of the sources of some of this horrific violence.

My question relates to the UK’s plans. The Foreign Affairs Committee in the Commons wrote to Vicky Ford in January, saying:

“We understand that contracts with ODA funded projects that work specifically with women and girls impacted by violence have been cancelled with very little notice. How will the renewed emphasis on Preventing Sexual Violence in Conflict, and Freedom of Religion and Belief, affect the level and nature of project funding in the future?”


The Minister’s reply said on funding for freedom of religion or belief and preventing sexual violence in conflict that

“the FCDO is also working through these as part of the business planning process”.

We know that the UK’s support for Nigeria is being cut by two-thirds overall, so are any projects on freedom of religion or belief that require long-term support going to be protected as part of this? Can the Minister say a little more about this business planning process so that those who will deliver some of these projects will have certainty that they will be able to be on the ground?

[Lord Goldsmith of Richmond Park (Con)]

As the noble Lord knows, I will not be able to give him numbers on future spending, but a process is happening in line with the vision set in the IDS, which we discussed earlier today. It is for our country offices and regional experts to tell us what they are looking for, what they need and what the priorities are. The FCDO will then respond to that. It is not clear exactly how much money will be going to different areas, but, as he knows, Nigeria is one of the largest recipients of UK aid and has been for a long time. We provided over £100 million in bilateral aid to Nigeria last year. We provided nearly £210 million in 2020-21 and supported a very wide range of issues. I spent a considerable amount of time only two days ago in Stockholm discussing with my counterpart from Nigeria how we can do more to support the ambition Nigeria has to tackle what it regards to be the root cause of some of the conflict, which is a battle over resources, shortage of resources and very serious environmental degradation, which can mean only more human misery to come.

Russia and Ukraine: Settlement

Lord Purvis of Tweed Excerpts

Thursday 26th May 2022 Lords Chamber

[Lord Purvis of Tweed (LD)]

My Lords, the element of futility in Putin’s human rights atrocities and slaughter of the people of Ukraine is that the current bombardments are purely within the buffer area of the Minsk agreements. Some of us do not take our foreign policy lead from Henry Kissinger. There have been calls from the Republican right to negotiate on that ceded territory. The Foreign Secretary is on the record as saying that the UK’s sanctions will be in place until all Russian troops have left Ukrainian territory. The very thing that Putin wants at this time, in what will be a long-term, protracted conflict, is western division. What mechanisms are in place for the UK to use to ensure that such division does not arise?

[Lord Ahmad of Wimbledon (Con)]

My Lords, it has been very important to show unity of purpose and unity of action. The noble Lord mentions the role of sanctions. As he said—I believe this passionately—the sanctions have worked because, where one country or region has led in front of others, we have co-ordinated and worked together. Those sanctions are hurting Russia, Mr Putin, the Russian Government and all those who support them. It is important that we retain them. As the noble Lord, Lord Collins, said—I am in total agreement with him—any negotiation must be led by Ukraine and it is the job of any ally, partner or friend to be firmly behind Ukraine.

Xinjiang Internment Camps: Shoot-to-Kill Policy

Lord Purvis of Tweed Excerpts

Wednesday 25th May 2022 Lords Chamber

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

My Lords, the noble Lord, Lord Collins, and I have been working together, and I am conscious of and grateful for the strong support on the issue of Xinjiang. The continuing trials, tribulations and persecution of, and indeed violations against, the Uighur community in Xinjiang are appalling and abhorrent, and my right honourable friend the Foreign Secretary has put out a statement to that effect.

On the noble Lord’s first point on Michelle Bachelet, the High Commissioner is well known to me. Indeed, the United Kingdom was the first country to call, both directly in a bilateral meeting with her and at the Human Rights Council, for a visit to Xinjiang, which, as the noble Lord acknowledged, is under way. However, he is quite right that it is, to use quite diplomatic terms, a managed visit. Clearly, access will be quite limited. We are certainly working with our friends and partners. We also press the High Commissioner for a specific report on the situation in Xinjiang. Earlier today I was scoping as to either a direct call or a visit to Geneva to pursue that very issue. I will update your Lordships’ House on that specifically.

The Government are committed to tackling the issue of Uighur forced labour in supply chains. In September 2020, there was an ambitious package of changes to the Modern Slavery Act. I am sure the noble Lord noted that these measures will be included in the modern slavery Bill, which was announced as part of the Queen’s Speech in May this year. On the other point he raised on procurement, I do not know and cannot predict what amendments will come forward, but the Procurement Bill is also looking quite specifically at supply chain issues. From experience, I am sure that many a noble Lord will look at that Bill quite specifically.

[Lord Purvis of Tweed (LD)]

My Lords, the fact that we have been able to witness this dreadful information is testimony to there being a free and open media, in stark contrast to what the people of China themselves will be denied seeing by their Government. I have asked this on three occasions now. Given that we are trade dependent on China for goods, with a trade deficit now of more than £40 billion—the biggest trade deficit with a single country in our country’s history—our leverage is limited, but what are the areas in which preferential access to UK markets will be restricted by state-owned enterprises, especially in the financial services sector? The Government have signed a number of agreements with the People’s Republic of China, but the Government have not been able to say whether any triggering mechanisms on human rights abuses exist. Are there any areas in which the Government will restrict access to China on the basis of these grotesque human rights abuses?

[Lord Ahmad of Wimbledon (Con)]

First of all, I agree with the noble Lord about the issue of human rights abuses. As the UK’s Human Rights Minister, it is something very specific to the agenda that I am following directly and with partners through all networks. We raise issues and concerns directly and bilaterally, and through various UN and multilateral fora.

On the specific issues of our trade with China, we must make sure that our trade with China is reliable, but that it avoids any kind of strategic dependency, and of course the important issues that the noble Lord draws to our focus about human rights abuses. One hopes also that, through some of the measures we are taking in the Bill that I announced on modern slavery, and also the discussions that we will have on whatever legislation comes forward, we will continue to focus on eradicating those human rights abuses, and that those companies which still seek to trade in that capacity will be held to account.

Russia (Sanctions) (EU Exit) (Amendment) (No. 9) Regulations 2022

Lord Purvis of Tweed Excerpts

Monday 23rd May 2022 Grand Committee

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

My Lords, a copy of these regulations were laid before this House on 27 April. They were laid under the powers provided by the Sanctions and Anti-Money Laundering Act 2018, and they came into effect under the “made affirmative” procedure. I say from the outset that this instrument has been considered and not reported by both the Joint Committee on Statutory Instruments and the Secondary Legislation Scrutiny Committee.

In lock-step with our allies, we continue to develop the largest and most severe package of economic sanctions that Russia has ever faced. These measures are already helping to cripple Mr Putin’s war machine through restricting finance access, targeting his corrupt cronies and cutting them off from the international community, and indeed paralysing the Russian military-industrial complex for years to come.

This new legislation introduces trade sanctions relating to internet services and online media services. Put simply, this allows us to cut off propagandists and organisations spreading the Russian regime’s vicious lies and disinformation online. The Russian Government are conducting an aggressive set of online information operations against Ukraine at times in a transparent but clearly shameful attempt to justify their illegal war on Ukraine. This must be stopped.

Ofcom has already removed the broadcast licence of “Russia Today” on the basis that it is not fit and proper to hold it. However, until the regulations now being debated in your Lordships’ House entered into force, no powers existed in the UK to block access to the same disinformation being spread by way of the website, social media accounts and applications of “Russia Today”. This instrument will ensure that social media services, internet services and app stores will have to take reasonable steps to prevent UK users encountering content produced or uploaded by a person designated for this purpose. Indeed, it will be for Ofcom to enforce this new legislation, and it has been given the power to impose fines on those who fail to comply.

ANO TV-Novosti, the parent organisation for RT, and Rossiya Segodnya, the parent organisation for Sputnik, were designated for the purpose of these measures by my right honourable friend the Foreign Secretary on 4 May 2022. These puppet organisations are demonstrably part of Russia’s global disinformation campaign, as RT’s own editor-in-chief has made clear in the past when she called the network an “information weapon” of the Russian state. These organisations are propaganda arms of the Russian state—as a consequence of both their ownership and of Russian law, which prevents the war being reported objectively and truthfully. Now that third parties are required to restrict access to content pumped out by these designated organisations, this will limit their audience and blunt the effect of their Russian state message of aggression against Ukraine.

To conclude, we will not cease in delivering further sanctions while Mr Putin’s illegal and egregious invasion continues. The ultimate objective is to ensure that Ukraine succeeds. The whole of the UK Government—I also fully acknowledge the support in your Lordships’ House and across all parties—together with our international allies are working to ensure that this happens. Our fight against disinformation and harmful propaganda forms a key component of this. Mr Putin’s war on Ukraine is based on lies. Britain has helped to lead the way in tackling disinformation, and this new legislation enables us to blunt Mr Putin’s weapons of war and hit the shameless propagandists who push out his fake news and narratives. I beg to move.

[Lord Purvis of Tweed (LD)]

My Lords, the Liberal Democrats support this instrument, having consistently maintained views the Minister has indicated. This is the ninth sets of such regulations that we have scrutinised and supported. The Minister is absolutely right that, as this illegal aggression continues, depressingly, we continue to see horrors inflicted on the people of Ukraine. Therefore, the Government’s response, supported by the Opposition—to use every mechanism to seek to impact on the decision-making of the Putin regime—is to be supported.

There are early signs that the collective imposition of the sanctions from the United Kingdom and our allies is impacting on the Russian economy. We are mindful that many people in Russia are in receipt of the lies and misinformation of the Putin regime, in addition to those around the world, and they are likely to be victims of this. That is why, as President Zelensky has indicated, it adds to the pressure on the Putin regime to come to a diplomatic solution and to cease the violence.

I want to probe just a couple of areas, and then ask the Minister a couple of questions on aspects related to these sanctions, rather than the sanctions themselves. First, we have been aware of the European Union sanctions on social media on 2 March, and then the reciprocal decisions by Russia on Instagram determining Meta as an extremist organisation on 11 March and blocking Euronews on 21 March. On 14 April, it registered as foreign agents under its laws 79 NGOs and 131 media outlets. The Putin regime is not only waging war on the people of Ukraine, but it is waging war on free media around the world. It is right, therefore, that the European Union, the United States, Canada and the UK, as the Minister said, work in lock-step.

Will the Minister demonstrate how robust these measures will be, given that there has been a gap between the EU operating its sanctions and the measures before us, and that there is some indication that RT and Sputnik have been successful in working around some of the EU regulations? The Minister has highlighted the designated persons measure, which I support, but we have already seen in respect of the equivalent for those indicated by the European Union the use of proxy sites and other social media platforms to disseminate information. The use of visual content bearing RT logos but not originating from RT, uploaded by users, has been co-ordinated and has an absolute purpose to work around the sanctions. How robust does the Minister consider these measures will be, in the light of what we have seen of RT-hosted material on other platforms around the world? How easy is it for those to be used in the United Kingdom?

Will the Minister confirm that these measures will cover virtual private networks? Use of VPNs and RT content through other countries has increased by 50%. If someone is seeking to access RT, Sputnik or other material from designated persons via a VPN, is that an offence under UK law?

My second question regards the extraterritorial jurisdiction nature. It is right that the designated persons are overseas entities, but can the designated persons be operating across all groups seeking to use the disinformation tactics of the Putin regime? I mention specifically Wagner Group, one of the arms of which has been sanctioned by the UK as named individuals. That is correct, and the Minister knows I am on record as wanting the Government to go beyond that and have it proscribed as a terrorist organisation. It is active, as are other mercenary groups, as the disseminator of disinformation and misinformation.

Can mercenary groups be designated persons under these matters? I know that the Minister will say that they keep the list of designated persons under review, but I should like him to go beyond that and say that there are no limits under the terms of the legislation on who designated persons could be. It would be regrettable if there were those seeking actively, with resource from the Putin regime working in many countries, to work around sanctions such as these, but they were not included. Can Ofcom police them if they are designated persons who are groups outside the UK? What legislative powers does Ofcom have to work with international partners on policing?

Finally, I ask the Prime Minister—the Minister, although I see I had a Freudian slip into a dream world I have, even if the Conservatives are in power, that someone might be doing a better job than the Prime Minister. Now that I have emphasised that point, Hansard will not be able to correct me.

The Prime Minister’s spokesman is now on record as indicating why we are not in lock-step with one of our allies, Canada, on the sanctioning of Alexander Lebedev. As the Minister will well know, the Canadians have been working extremely closely with the UK and others and the Minister said that we are working in lock-step, but when it comes to the judgment of the Canadians that Alexander Lebedev should be sanctioned, the Prime Minister’s spokesman said,

“it’s not for me to comment on the judgment of a different country”.

What do we believe the Canadian judgment to be and why do we not share it? Alexander Lebedev has been singled out by the Canadians as worthy of being sanctioned. What mechanisms do we have in the United Kingdom to ensure that this individual, sanctioned by one of our closest allies, or any of his family members will not be able to use the United Kingdom to circumvent Canadian sanctions? With those questions, I support the regulations overall.

[Lord Rooker (Lab)]

My Lords, briefly, I support what was just asked about Canada. Canada is not just some other country; it is part of Five Eyes. If Putin sees Five Eyes as split, it is just as bad as the EU being split—even worse, in some ways. There has to be a better argument than Ministers have so far given as to why we have not joined Canada.

It is a long time ago since I spoke on the first sanctions. I praise the Government, because what they have done on sanctions overall has been very good. I have sometimes been surprised about the extent to which they have gone and I want to give praise where praise is due. We can always do more, but it has been a good job so far.

I note that this has been raised before, but I cannot remember the answer. The regulations talk about the UK. Where is the Isle of Man in this? People are using the Isle of Man to get around all kinds of financial things—we have had this with Brexit. For that matter, there are the Channel Islands, but the Isle of Man is in a different geographical situation. Can the Isle of Man be used to subvert sanctions such as these?

My final point is a question that I suspect the Minister cannot answer. I assume Ofcom is being fully supported by GCHQ. To have such a facility as that and not be able to use it would be a complete and utter waste. He does not have to confirm it or not, but I assume it goes without saying that Ofcom has the ability to call on GCHQ for issues relating to the edge of the sanctions.

--- Later in debate ---

I believe that I have covered the questions that were raised with me directly. I acknowledge and thank the noble Lord, Lord Collins. When we passed similar regulations in the Chamber—last week, I believe—he raised ensuring that designated bodies scrutinise the legislation in advance of regulations being passed or brought forward. I followed up on that specifically, which is why I mentioned it right at the head of my introduction.

[Lord Purvis of Tweed (LD)]

I am grateful to the Minister for responding. I question two aspects. One regards VPNs. I understand entirely the point the Minister made, which is sensible, but he will be aware that, as I mentioned, although we do not seek to extend the criminalisation to users, there seems to be evidence, with the increase in traffic, that designated persons under our law will be able legally to upload information to providers in another country where a VPN user would be able to designate and have free access to anything from RT or Sputnik. My question was about the companies that offer VPN services, not the users; I would be happy for the Minister to write to me on that point.

My second point regards working with Canada. The points that the noble Lord, Lord Collins, and I raised are significant. Alexander Lebedev is now a Schedule 1 person under the Canadian Special Economic Measures Act. This means that, under Canadian law, it is an offence for anybody to provide financial or related services to, or for the benefit of, that designated person. I want to know whether this means that any family member of Alexander Lebedev who provides any financial interactions with him will not be breaking UK law but will be against the spirit of the Canadian law. That is of great significance for our relationship with Canada.

[Viscount Waverley (CB)]

My Lords, I will just take this opportunity briefly to address VPNs. VPNs are a two-way street: a VPN can also enable information from outside Russia to get into Russia to enable those Russians who wish to understand what on earth is going on better to do so. That may be somewhere in the mix, but this is a rhetorical question; the Minister does not need to respond.

Working Practices (International Agreements Committee Report)

Lord Purvis of Tweed Excerpts

Thursday 19th May 2022 Lords Chamber

[Lord Purvis of Tweed (LD)]

My Lords, as always, it is a pleasure to follow the noble Viscount in these debates. I am a happy member of the all-party group on trade and trade promotion, which he leads with distinction. He made a point specifically about how many of our friendly trading countries and blocs, such as the EU, Japan or the United States, have a more open way of forming their trading policies. This is very important given that now, in an interconnected and more complicated world, trading relationships are deeper and more comprehensive.

As my noble friend Lord Oates indicated, there is a benefit from the Government involving Parliament actively and earlier. Therefore, I am pleased that the Pimpernel nature of the Grimstone rule has finally been ratified, with the agreement of the committee. I am happy about that and note my noble friend’s pint-in-a-quart-pot position. While the rule is in place, I do not want the Government to say that this has been settled and sorted for ever, because of the amendments that the noble Lord, Lord Lansley, referred to on the Trade Bill, which the noble Lord, Lord McNicol, and I worked on very well together. We still believe that there is a better role for Parliament—not only to be involved but to approve. This is a fundamental difference. I therefore hope that the rule will not be considered the final element of this.

The noble Lord, Lord Lansley, had previously moved a Motion for greater parliamentary accountability in the Trade Bill. At that point, he said that that was not the end of this, and I very much agreed with him. In fact, I agreed with everything he said, as the noble Baroness indicated. But the noble Lord knows me well enough to know that my simply agreeing with everything he said does not necessarily shorten the time that I will speak. However, this has been a much livelier and more fun debate than some might have expected. I even had to get my dictionary out for the contribution from the noble Lord, Lord Kerr, and he has settled a niggle in my mind about whether he cut his teeth, as a young official, in Ramsay MacDonald’s Government. There is great reassurance now that he has confirmed that was not the case.

I am on record in previous debates, as I will happily repeat today, for commending this committee and the noble Baroness, Lady Hayter, for bringing this and previous Motions she has brought forward. The committee is vital to Parliament because it shines a light where it is hard for parliamentarians to do so. She spoke at the launch of a co-ordinating group for inclusive trade, which I had the pleasure of attending this week, and the point she made was that this Parliament also has a role to communicate international agreements and trade to the public. Inclusivity is a vital part of that role. Therefore, I hope that, when the Minister responds, the Government will be enthusiastic about engaging proactively and not simply reactively.

I recall that it was the noble Lord, Lord Lansley, who coined the term “Grimstone rule” during the Trade Bill. I also recall the Minister not being enthusiastic about this at first; in fact, he tried to muddy the waters by saying that there is also a Purvis protocol on pedantry. I am glad that one of those has survived and the other has fallen by the wayside.

The significant point that the noble Lord, Lord Lansley, and others have made in this debate is worth reinforcing. During the Trade Bill, I reread Jack Straw’s contributions in 2010 on the Constitutional Reform and Governance Act, and it was explicit that the CRaG Act provided, as he put it, a form of parliamentary veto—not as much as I would like it to be now, but a form of parliamentary veto—over those agreements that are subject to ratification. That was the limit of it, and that is the egregious element of the letter so comprehensively dealt with by the noble Lord, Lord Kerr. It has not been superseded. Elements of the Ponsonby rule were revised in 1998, then established in 2001 specifically about agreements not subject to ratification, and that has been the substance of much of the debate today.

I hope the noble Lord, Lord Kerr, will forgive me. He allowed me to dust off from my inbox a document that I refer to if I am ever in a depressed mood in my parliamentary career. It is the Civil Service guide—a practical handbook on advising, briefing and drafting for Ministers. I thought I would quote it for his benefit because I like him so much. Chapter 4 is entitled “How to draft Minister’s letters” and it states:

“Every Minister’s case, however obscure, infuriating, tiresome or unnecessary a few of them may seem, is in itself an important part of democratic accountability. It requires government to account for its decisions and actions through Parliament to the people. Ministerial correspondence is democratic accountability in action.”


It ends:

“Our aim for every reply should be to make its recipient feel better for having received it.”


In this case they should get a gold star, because whoever drafted that made the noble Lord, Lord Kerr, a very happy Peer.

There were serious elements in this with regard to treaties and MoUs. We have been asked to refer to the guidance on the difference between treaties and MoUs, so I read it—it was published not that long ago. Paragraph 5, on how to distinguish an MoU from a treaty, states:

“The key difference between MoUs and treaties is whether or not there is an intention to create legally binding obligations ... There is no hybrid ... an MoU is not legally binding”.


It goes on to the language that should be used when drafting a MoU as opposed to drafting a treaty. In the column “Do Not Use” are “agreement” and “undertaking”.

I then went back to what Ministers have told Parliament on the Rwanda agreement, which is of very significant public policy interest. The Minister in this House, the noble Baroness, Lady Williams, said:

“My Lords, it is an agreement which both parties have agreed to be bound by.”


She then said:

“I will leave it to greater heads to unpick the meaning of that.”—[Official Report, 25/4/22; col. 17.]


We are still trying to unpick the meaning of that, but that is what the Minister said, and I remind the Chamber not to use “agreement” for MoUs. That is very clear in the annexe “Terminology to be used”:

“The word “agree” and its derivatives should be avoided”.


On 19 April the Home Secretary said

“This is a bespoke international agreement reached last week with Rwanda; I came to Parliament as soon as was reasonably practicable following the conclusion of that agreement. The agreement is compatible with all our domestic and international legal obligations”.—[Official Report, Commons, 19/4/22; col. 26.]


She later said:

“The MOU that has been published spells out in full detail … the nature of the agreement”.—[Official Report, Commons, 19/4/22; col. 29.]


When asked later whether the Government could guarantee that people who are going to be relocated to Rwanda will be safe the Home Secretary replied:

“Absolutely—we can—and that was part of our negotiation with the Rwandan Government. It has been made very clear in the legal agreement that we have between us.”—[Official Report, Commons, 19/4/22; col. 47.]


What status does this now have as an MoU? It is clearly a legally binding agreement, so it is right that we ask questions about it—even though, as the noble Lord, Lord Lansley, mentioned, paragraph 1.6 states that it

“will not be binding in International law”.

But, as Ministers have said, it is binding in our law.

Paragraph 3.2 states that requests by the United Kingdom will “require approval by Rwanda” for receiving. What legal basis does that have? Paragraph 5.2.4, on people’s data, talks of the establishment of a data sharing process between the UK and Rwanda. What legal basis will this have? Paragraph 5.4 says:

“Nothing in 5.2 obliges the United Kingdom to disclose information if it would be contrary to domestic laws”.


Which ones? What is the information that would be disclosed? Paragraph 9, on the “Asylum processing arrangement”, gives requirements for Rwanda to ensure that it has these obligations. What legal underpinning is there? There is a whole range of areas within this “agreement”, as the Foreign Secretary would say, or “arrangement”, as the MoU title says. What is it, and how will it be approved?

There is also an element that has been underreported, and which I am certain would be important if we were asked to ratify this agreement. Paragraph 16 says:

“The Participants will make arrangements for the United Kingdom to resettle a portion of Rwanda’s most vulnerable refugees in the United Kingdom, recognising both Participants’ commitment”.


What legal basis does this have? It is utterly confused, which is why this now needs to be corrected dramatically.

My final example—and I will be brief—reinforces the point that there are agreements and arrangements of various significance that we are not being asked to ratify and that are not being sent to the International Agreements Committee or being made public. The noble Lord, Lord Udny-Lister, may know more about this than me, but I have asked a number of questions about the UK and the UAE’s sovereign investment partnership agreement. That agreement is important because the Government have promoted it, and the initial tranche is, according to them, worth more than £10 billion. I am not necessarily saying that it is good or bad—but it exists, apparently, and it will now be used as the basis for further agreements. Its scale far outstrips many other trade agreements.

Last week, Parliament approved the Money Laundering and Terrorist Financing (High-Risk Countries) (Amendment) Regulations, which place the UAE among the UK’s high-risk third countries for fraud, money laundering and the financing of terrorism. This justifies full scrutiny. I asked the Minister for this, and the noble Baroness, Lady Penn, followed up by giving me some information about it, but I cannot find the agreement online. I asked the Library where it is, but it could not find the text of it either—it is very kindly asking the Department for International Trade to provide the text of it. The Library provided me with the Prime Minister’s Office communiqué, the United Arab Emirates communiqué and two press releases—but not the text. These are significant agreements with public policy interest, and we have legislated to allow us to ask questions about them, but we have not seen them in Parliament.

The Government now need to change this. One practical step would be to publish a register of MoUs in a co-ordinated way, rather than just allowing them to be stored behind the scenes. If that is the case, that register should be submitted to the committee to at least allow us to know what is there—otherwise, we will end up like Donald Rumsfeld, not even knowing what the unknowns are.

--- Later in debate ---

[Lord Goldsmith of Richmond Park (Con)]

I would be amazed if they were not aware of the non-legally binding nature of those agreements or declarations. My view is that Parliament has a hugely important role to play in scrutinising these arrangements. I cannot provide that answer with any certainty because it is not in the remit of my department or portfolio, but I imagine that that scrutiny will be applied. I am afraid I cannot go into any more detail than that.

[Lord Purvis of Tweed (LD)]

I hope the Minister does not feel that I am being unnecessarily irked if I question the utility of him referring us to the Treaties and Memoranda of Understanding: Guidance on Practice and Procedures from March 2022. I was referring to it quite extensively in my contribution because I have it in front of me. My point was that the Home Secretary recently—just a few weeks ago—was in direct contradiction of this guidance by calling the agreement with Rwanda binding when the guidance is saying that it should not be. I am sure the Minister will say that I have to take the Home Secretary and the noble Baroness, Lady Williams, at their word. If these are legally binding agreements, how have they been approved by Parliament and what is their legal underpinning?

[Lord Goldsmith of Richmond Park (Con)]

My Lords, the UK- Rwanda migration and economic development partnership, to which the noble Lord refers, addresses the shared international challenge of illegal migration. That issue has been discussed in this House; I have answered a couple of Questions on it myself, as have Ministers from other departments. The purpose is to break the business model of people-smuggling gangs. It is an innovative measure within the Government’s New Plan for Immigration to fix what I think everyone accepts is a broken asylum system and ensure that we welcome people through safe and legal—[Interruption.] I am coming to the context of the question.

The partnership captured in a Memorandum of Understanding builds upon the wider collaboration with Rwanda across a wide agenda, from combating climate change to more effective aid delivery. Everything put in place is compliant with our legal obligations, including under international law. All claims for asylum are considered in accordance with international human rights obligations. A non-legally binding arrangement in the form of an MoU is, the Government believe, the most effective vehicle as it allows the partnership to change and the technical details to be adjusted quickly if required, and with the agreement of both partners. An MoU on—

[Lord Purvis of Tweed (LD)]

I am grateful to the Minister for giving way. What are the mechanisms for the Home Secretary and the Minister in this House to correct the record? They have actively misled Parliament by saying that these are binding obligations and agreements, because the Minister at the Dispatch Box—and this is serious—has now absolutely contradicted what Priti Patel told the House of Commons and what the noble Baroness, Lady Williams, told this Chamber. Both cannot be correct.

[Lord Goldsmith of Richmond Park (Con)]

The truth is that I am not familiar with the wording used by the Home Secretary. I am not going to answer on her behalf, but I can tell, the noble Lord—

[Lord Purvis of Tweed (LD)]

It is in Hansard.

Queen’s Speech

Lord Purvis of Tweed Excerpts

Wednesday 18th May 2022 Lords Chamber

[Lord Purvis of Tweed (LD)]

My Lords, it is a pleasure to follow the noble Lord, who neatly summed up how we have ahead of us complexities and difficult decisions, not only for President Zelensky and the Ukrainian people but for the wider international community in coming to terms with the long-term implications of the horror that we have seen inflicted upon the people of Ukraine.

The German Chancellor, in his speech in February, used the significant term Zeitenwende—a watershed moment or sea change. As the Germans and others come to terms with how they are equipped to respond and reframe their foreign policy formed over many years, in this debate today we have been discussing how the UK is equipped to respond, not just to the immediate needs of Ukraine and others, but whether we are a trusted partner for many who will be addressing the very significant secondary and tertiary impacts around the world, especially with those countries least equipped to deal with humanitarian and food security issues themselves.

I am the 14th Liberal Democrat speaker in this debate, which was opened so ably by my noble friend Lady Smith on defence, followed by my noble friends Lord Lee and Lord Burnett, who also commented on elements of defence policy. That demonstrates that we on these Benches are a liberal movement open to the world, internationalist in spirit and belief, founded on principles of foreign policy outlined in terms that have been consistently held since Gladstone outlined them 140 years ago. Half of that period has been in the reign of this sovereign—a remarkable feat for Her Majesty, looking at the sweep of her reign.

However, in many respects we have heard in today’s debate that the future can move backwards, with war in Europe, a development strategy from the Government that harks back to the 1980s, trade barriers re-erected, global hunger and poverty increasing rather than decreasing, UK defence expenditure now back to 2010 levels, development spending back to 2013 levels, and Armed Forces levels back many generations.

In this gracious Speech, there was considerably less on international issues than in previous years and no mention at all of development, which is breathtaking given the consequences of war in Europe. The highlight of the trade element, as introduced by the noble Lord, Lord Grimstone, was a Bill we are expecting on the Australia and New Zealand trade agreement, from which the Government’s own mid-estimate is that we are likely to yield an increase in UK GDP of between 0.00% and 0.08% over 15 years. However, I am glad to hear from the noble Lord that all parts of the UK will benefit from this bounty.

We have seen regression on free trade from this Government, with extra barriers, burdens and bureaucracy, as my noble friend Lord Palmer highlighted. For the first time in trading history, the UK has waged a trade war on itself. According to the latest ONS data, the UK is the only G7 country to contract in trade in 2021 and, as my noble friend Lord Taverne indicated on the decline in trade with our nearest neighbours, the latest OECD data shows a four-year average to this point of a 2.3% increase in total trade for the EU market, compared to an anaemic 0.7% average growth for the UK over the same period. We shall need to reconsider reconnecting and revisiting a UK-EU security and defence arrangement, energy and climate arrangements and reconnections on trade and practical movement of people—reconnecting, not cancelling, EU connections, as my noble friend Lady Ludford highlighted.

Many aspects of today’s debate have ranged broadly, as they should, from the climate emergency to the continuing impacts of the Covid pandemic, war in Europe and the energy supply crisis. Some are directly linked, some are causal and some were already sending the world on a problematic trajectory before the Ukraine war. Many of them in isolation would be too difficult for many countries to tackle themselves. They therefore require a commensurate shift in scale from the UK—a UK sea-change, in many respects.

Ukraine was the very solemn backcloth to this debate. My noble friend Lady Suttie highlighted very eloquently the challenges and pressures that exist, so I need not go into more detail as she summed it up perfectly. She highlighted a human and parliamentary element: she mentioned her contact Ostap, a clerk in the Verkhovna Rada. When I visited the Verkhovna Rada in 2014, when the buildings were still charred from the aggression of the Euromaidan, Ostap gave me a tour of the Parliament. He said—this is humbling for me—that a staff member of a democratic Parliament is called up to take arms to protect a democratic people and Parliament. That brings into context exactly what we are debating today.

However, the debate goes wider. What is the platform on which we in the UK respond to the much wider secondary impacts? On Monday, the development strategy was released—without Statement or debate—paragraph 30 of which says:

“Our approach to international development will be as a patient partner that champions openness, predictability and the rule of law.”


On the very next day, the Conservative chair of the Northern Ireland Select Committee asked the same Foreign Secretary who launched that strategy:

“Respect for the rule of law runs deep in our Tory veins, and I find it extraordinary that a Tory Government need to be reminded of that. Could my right hon. Friend assure me that support for, and honouring of, the rule of law is what she and the Government are committed to?”—[Official Report, Commons, 17/5/22; col. 550.]


That jarring juxtaposition was highlighted by my noble friend Lord Campbell. If we are going to be responding to the increasing level of autocrats in the world, the growth in the number of fragile states—which receive only passing reference in the development strategy, and where we are now again seeing evidence of the growth in the recruitment of Daesh—and the growth in mercenary activity, then the UK needs to be a trusted partner.

On the long-term reconstruction of Ukraine, with the United States committing $40 billion, the EU over €30 billion, and the UK’s support—which we have supported on these Benches—we should not be blind, as has been raised in the debate, to the massive impact of food insecurity and the humanitarian consequences. The Biden Administration have made the correct calculation that, for many people who live in countries that are still considered non-aligned, who do not always believe our narrative in the UK and the West on the war in Ukraine and who are now seeing chronic food insecurity and risk, they are balancing the question as to whether they will blame Putin or the sanctions. The American Administration have therefore allocated £5 billion for immediate support for development relief and food support.

I congratulate the noble Viscount, Lord Stansgate, on the birth of his grandchild yesterday. Yesterday in the world 385,000 children were born; 39,000 of them will have been born in absolute hunger and poverty. My noble friend Lord German highlighted that those children will be denied educational opportunities. The UK response, instead of extra support, has been cutting support on development for those least able to support themselves. Not only that, in the development strategy we are undermining the very multilateral bodies we should be leading and helping shape. I ask the Minister: how much of the £1.3 billion committed to Ukraine—of which we are supportive—will be ODA and will we be lifting the 0.5% cap, or will that be offset by cuts elsewhere?

Lord Chidgey last year referenced the slashing bilateral aid cuts to African countries. He is greatly missed in debates in this House. UK aid statistics published last month show a 26% decrease in bilateral ODA. Now we are told this will be U-turned, but with no extra resources. The aid statistics published last week show the highest share of multilateral spend from the UK since 2014, at the same time as the Government are saying that this is the wrong thing to do. There is utter incoherence.

We all know that the Government have reneged on the legal commitment to 0.7% support. The foreword to the 2015 strategy—when Liberals were in government working with Conservatives and with consensus on development from the Labour Party—started with the second sentence on the first page reading:

“We firmly believe that spending 0.7% of Gross National Income (GNI) on international development … means our country walking taller in the world.”


However, respect for this legal requirement finds itself on the last page in the last paragraphs of this development strategy.

My noble friends Lady Northover, Lord Hussain, Lord Bruce and Lord Sharkey highlighted other conflict areas or protracted disputes; I will close with another. Winding his speech from these Benches in the first debate on the humble Address in Her Majesty’s reign in 1952 was Viscount Samuel. I will close with his words from Hansard.

“For five years I had the great honour, as representative of the British Crown and under the supervision of the League of Nations, to preside over the Administration which laid the foundations of the modern State in Palestine. That task was accomplished and all went well for some years afterwards, but of late there have been conflict and war. Although the war is over, there is still no peace, and grave suffering has been caused, particularly to the Arab refugees. I most earnestly hope that the United Nations now will take active steps to bring about a settlement. … I end by quoting famous words, in their literal sense as well as in the symbolic, mystical sense in which they are familiar in the Churches throughout the world: ‘Pray for the peace of Jerusalem: they shall prosper that love thee.’”—[Official Report, 6/11/1952; cols. 103-04.]


We will see, even if war is over, that there may still be no peace and there may be grave suffering. We should strive to ensure that the future does not go further back but goes forward.

Kashmir: Human Rights

Lord Purvis of Tweed Excerpts

Tuesday 17th May 2022 Lords Chamber

[Lord Ahmad of Wimbledon (Con)]

My Lords, I agree with the noble Lord about the importance of India and Pakistan talking to resolve all issues. It is a long-standing position of the Governments of both sides. We seek a resolution for all disputes, including that of Kashmir, and the best way to do so is for both countries to find their solutions together.

[Lord Purvis of Tweed (LD)]

My Lords, do the Government share the concern of some that, in Indian-administrated Kashmir, the Modi Administration are redistricting in a way that has been turned into gerrymandering, in order to deliberately diminish the opportunity for representation of the Muslim community there? When our Prime Minister met Prime Minister Modi, did he raise any human rights concerns about Indian Kashmir?

[Lord Ahmad of Wimbledon (Con)]

My Lords, on the noble Lord’s first question, of course the Indians, with their own internal processes and programmes, have initiated a programme of economic development within Indian-administered Kashmir. That is something that we look at very closely. I am looking forward to a visit to India in the near future, where we will be having discussions on a wide range of issues, specifically including the issue of human rights, which we always do. Yes, the Prime Minister did engage on the broad range of issues, including those of human rights, during his recent visit.