Chagos Islands: UN General Assembly Resolution

Debate between Alan Duncan and Alex Chalk

Wednesday 3rd July 2019 Westminster Hall

[The Minister for Europe and the Americas (Sir Alan Duncan)]

Thank you, Mr Sharma, for chairing our proceedings. I also thank the hon. Member for Glasgow North (Patrick Grady) for securing the debate—at least, that is what I thought 20 minutes ago.

I think it would be helpful if I set out the background to the Government’s position on the British Indian Ocean Territory. The UK has administered the islands that make up the British Indian Ocean Territory since 1814, when France ceded the islands to Britain. It also ceded Mauritius, which then included the Seychelles. For administrative convenience, and following French practice, the islands were administered as a dependency of Mauritius until 1965, when, with the full agreement of the Mauritian Council of Ministers, they were detached to form part of the newly established colony of the British Indian Ocean Territory, which we know as BIOT.

Mauritius entered that agreement in return for certain benefits, including a sum of £3 million and a UK commitment to cede the territory when it is no longer needed for defence purposes. That UK commitment still stands. Mauritius affirmed the 1965 agreement numerous times following independence, and the agreement was held to be legally binding by a UN convention on the law of the sea tribunal in 2015. No international court or tribunal has ever found our sovereignty to be in doubt.

In 1966, the UK agreed with the US to make BIOT available for the defence purposes of the UK and the US. The UK does not lease the territory to the US and receives no financial payment from it. The US presence on BIOT is governed by a series of letters, called exchanges of notes, of which the overarching agreement sets out that the whole territory should be made available for UK and US defence purposes for an initial 50-year period from 1966 to 2016.

On 16 November 2016, the Government announced that neither the US nor the UK had given notice to terminate the agreement. Therefore, the US presence on Diego Garcia will continue for a further 20 years until 30 December 2036. BIOT has been a key strategic asset and continues to be vital for defence use by the UK and its allies. The joint UK-US facility on the territory has helped us and our allies to combat some of the most challenging threats to international peace and security, including from terrorism, organised crime and piracy. It is increasingly important at a time of conflicts of international significance, and those functions are only possible under UK sovereignty.

When Mauritius took the matter to the UN General Assembly in 2017, it did so using the argument that our continued administration of BIOT means that the process of decolonisation remains incomplete. That argument completely fails to acknowledge the 1965 agreement. Mauritius’s claim to sovereignty over the islands, which we strongly refute, is not a decolonisation matter, but a bilateral dispute between Mauritius and the UK. It is therefore disappointing that the matter should ever have been referred to the International Court of Justice by the UN General Assembly. It is an accepted international principle that states should not be compelled to have their bilateral disputes adjudicated on by the ICJ without their consent, particularly on questions of sovereignty. Circumventing that principle sets a very dangerous precedent.

Nevertheless, the Government have considered the Court’s advice carefully. We have concluded that the approach set out in the advisory opinion failed to give due regard to material facts and legal issues that the UK Government explained in detail in our submissions to the ICJ. For instance, it did not take account of the 1965 agreement with Mauritius or the numerous affirmations of that agreement made by Mauritius since independence. Furthermore, it fails to address the fact that the UK and US have entered into a binding treaty obligation to maintain UK sovereignty over the whole territory until at least 2036.

When the UN General Assembly voted on the matter in May this year, following the ICJ advisory opinion, we fully expected a large number of member states to support the resolution in Mauritius’ favour, framed as it was around the emotive theme of decolonisation. However, it is important to note that nearly 80 member states did not vote in favour of the resolution. Many of them shared our concern that Mauritius had circumvented the principle that the ICJ should consider bilateral disputes only with the consent of the states. Furthermore, some states explained publicly that they had voted in favour of the resolution out of respect for the ICJ and not necessarily because they agreed with the substance of the resolution.

The UK, too, respects the ICJ. Despite our concerns, we participated fully in the ICJ process so as to ensure that we could present accurate facts and arguments, including on why granting the Court jurisdiction on a bilateral dispute without the consent of both parties could have wider implications for all UN member states in the future.

The issue of sovereignty has recently become entangled with arguments about resettlement, which we have just heard. We need to remember that the outer islands are not just remote but tiny, the largest being no bigger than Hyde Park. They are also extremely low-lying and have no functioning infrastructure. The UK commissioned an independent feasibility study on the practicalities of resettlement, and the study recognised that there would be significant challenges. An interesting comparison to note in passing is that Scotland has 790 islands, of which only 94 are inhabited.

In my role as Minister for Europe and the Americas, I am proud to play my part in the UK’s efforts to defend and strengthen institutions such as the UN and to uphold the norms that underpin the rules-based international system.

[Alex Chalk]

In his speech, the hon. Member for Glasgow North (Patrick Grady) suggested that the UK was somehow flouting international law, but we are a nation of laws. Does my right hon. Friend the Minister agree with me that it would be a gross mischaracterisation to suggest that that has happened in this case? What we are discussing is not a judgment that is binding on the UK, but an advisory opinion, which is not; there is a difference. Does the Minister agree?

[Sir Alan Duncan]

My hon. Friend is absolutely right, as indeed was my hon. Friend the Member for Rochford and Southend East (James Duddridge); and, in acknowledging what my hon. Friend the Member for Cheltenham (Alex Chalk) has just said, I say very clearly that the UK continues to be seen as one of the most prominent international champions of the rule of law across the globe.

The UK recognises the important role that the UN has played, and continues to play, on the issue of decolonisation, including in territories formerly administered by the UK. We will continue to engage fully in the UN General Assembly and to be a staunch defender of human rights institutions and norms. We will also continue to support the role of international courts when states have failed to meet their responsibilities. That is clearly not the case in this instance. We regret that this issue continues to occupy the time and attention of the General Assembly. The UK remains committed to seeking resolution of this bilateral sovereignty dispute with Mauritius through direct, bilateral dialogue.

I have to say, as I conclude, that I do rather sense—

Syria

Debate between Alan Duncan and Alex Chalk

Tuesday 24th July 2018 Commons Chamber

[Sir Alan Duncan]

The hon. Gentleman is slightly unreasonable in saying that our predictions have to be reliable, in the way that he describes, as if it were entirely in our gift. We are dealing with a horrid, ghastly international conflict in which we are a player, in some ways, but we are not there on the ground in a way that can influence things as he wants. However, there is one area on which I strongly agree with him—that is, the question of accountability. We are absolutely committed to supporting efforts to pursue accountability for human rights abuses and war crimes in Syria, and there undoubtedly have been such.

We strongly support the work of the United Nations’ IIIM—the International, Impartial and Independent Mechanism—which investigates and collects evidence of the most serious crimes committed in Syria. We have contributed £200,000 to the start-up costs of that organisation, and we are funding non-governmental organisations that collect evidence for future prosecutions. We are also supporting the important work of the independent UN Commission of Inquiry, which is reporting on violations and abuses, and we have been in the lead on successful diplomatic efforts to strengthen the capability of the Organisation for the Prohibition of Chemical Weapons to prevent the further use of chemical weapons and to attribute responsibility to those who might use them.

[Alex Chalk (Cheltenham) (Con)]

The £2.71 billion contribution to the Syrian aid effort is the single biggest act of humanitarian assistance in our nation’s history. Will my right hon. Friend continue to ensure that a suitable proportion of that support goes to countries such as Jordan and Lebanon, which are doing such important work on the ground to provide life-saving support?

[Sir Alan Duncan]

My hon. Friend is absolutely right. From the very beginning of this conflict, when we were looking at so many displaced people, a significant fraction of the humanitarian aid—or at least, the DFID budget spending—went to surrounding countries that were so generously accommodating to those who had fled, so it is inevitable that a large part of that budget will continue to go to such countries. Of course, in an ideal world, we would like to see Syrians return to their homes, but those have been so devastated that people would be going back only to rubble in many cases. It is inevitable that a lot of displaced Syrians will remain outside their former country for a long time to come.

Sanctions and Anti-Money Laundering Bill [Lords] (Sixth sitting)

Debate between Alan Duncan and Alex Chalk

Tuesday 6th March 2018 Public Bill Committees

[Sir Alan Duncan]

This has been a lively and interesting debate on an issue that we all agree is of importance. It boils down to how we think it appropriate for the Government to act. I am grateful to hon. Members for tabling new clauses, and I appreciate the desire for the overseas territories and Crown dependencies to adopt public registers. However, we should acknowledge the significant steps already taken by those jurisdictions in this area and continue to build on that progress.

While we continue to push for public registers to become the global standard, we should recognise that the arrangements that the territories and dependencies have concluded with the UK exceed the international standards set by the Financial Action Task Force, which do not require private registers, let alone public registers. Nevertheless, should public registers become the global standard, we would expect the overseas territories and Crown dependencies to meet that standard.

As the Committee knows, the overseas territories and Crown dependencies are separate jurisdictions with their own democratically elected Governments. We have therefore legislated for them without their consent only in exceptional circumstances—for example, to decriminalise homosexuality in certain territories, to ensure they were compliant with international human rights obligations. By contrast, financial services are an area of domestic responsibility for territory and dependency Governments.

Legislating for those jurisdictions without their consent effectively disenfranchises their elected representatives and risks harming our overall relationship with them. It also risks leading to a flight of business to other, less regulated jurisdictions, with the undesirable consequence that our law enforcement authorities would not have the same level of access to beneficial ownership information as under the existing bilateral arrangements. Imposing public registers of company beneficial ownership on the overseas territories would carry with it the risk that the territories would be less willing to work with us on this important issue.

[Dame Cheryl Gillan in the Chair]

I would like to draw parallels with the devolved Administrations and the Sewel convention. The hon. Member for Glasgow Central addressed the point on Second Reading:

“Much as I do not wish the House to legislate on Scottish matters, I do not want us to legislate for overseas territories or Crown dependencies without consent.”—[Official Report, 20 February 2018; Vol. 636, c. 92.]

I agree with her that that is the right approach.

The overseas territories and Crown dependencies have already made significant progress on beneficial ownership. Since we concluded our exchanges of notes with them in 2016, they have passed new primary legislation and delivered technological improvements to comply with the terms of the arrangements. They have committed to provide UK law enforcement authorities with automatic access to beneficial ownership information within 24 hours of a request being made, or within one hour in urgent cases. Those arrangements strengthen our law enforcement authorities’ ability to investigate serious organised crime, including money laundering and tax evasion.

The hon. Member for Oxford East asked about what are termed similarly effective systems. Some jurisdictions have opted under the bilateral arrangements concluded with the UK to establish an electronic search platform, allowing them to gain access to beneficial ownership information held by their authorities or by corporate service providers.

The exchanges of notes permit such similarly effective arrangements, provided that the following criteria are met. Law enforcement authorities can obtain beneficial ownership information without restrictions, and that information is available for use in both civil and criminal proceedings. Law enforcement authorities can also quickly identify all corporate and legal entities connected to a beneficial owner, without needing to submit multiple and repeated requests. Corporate and legal entities, or those to whom the beneficial ownership information relates, are not to be alerted to the fact that a request has been made or that an investigation is under way. We will monitor that arrangement to ensure that it does indeed provide the same results.

I hope that hon. Members agree that the overseas territories, in some cases in the most challenging circumstances, and the Crown dependencies have made significant efforts to move forward on this agenda. The effective implementation of the exchanges of notes will put them ahead of many G20 countries and many individual states of the USA, and demonstrates what can be achieved through working co-operatively.

[Alex Chalk (Cheltenham) (Con)]

Does my right hon. Friend agree that, as a result of the steps that have been taken in the Crown dependencies, there is a far greater degree of transparency in Jersey and Guernsey than in Delaware in the United States, for example?

[Sir Alan Duncan]

My hon. Friend is absolutely right. It is exactly that comparison that we need to see in the round, in order to understand that there could be unforeseen detrimental consequences of any kind of imposition proposed for the overseas territories.

Sanctions and Anti-Money Laundering Bill [ Lords ] (Sixth sitting)

Debate between Alan Duncan and Alex Chalk

Tuesday 6th March 2018 Public Bill Committees

[Sir Alan Duncan]

This has been a lively and interesting debate on an issue that we all agree is of importance. It boils down to how we think it appropriate for the Government to act. I am grateful to hon. Members for tabling new clauses, and I appreciate the desire for the overseas territories and Crown dependencies to adopt public registers. However, we should acknowledge the significant steps already taken by those jurisdictions in this area and continue to build on that progress.

While we continue to push for public registers to become the global standard, we should recognise that the arrangements that the territories and dependencies have concluded with the UK exceed the international standards set by the Financial Action Task Force, which do not require private registers, let alone public registers. Nevertheless, should public registers become the global standard, we would expect the overseas territories and Crown dependencies to meet that standard.

As the Committee knows, the overseas territories and Crown dependencies are separate jurisdictions with their own democratically elected Governments. We have therefore legislated for them without their consent only in exceptional circumstances—for example, to decriminalise homosexuality in certain territories, to ensure they were compliant with international human rights obligations. By contrast, financial services are an area of domestic responsibility for territory and dependency Governments.

Legislating for those jurisdictions without their consent effectively disenfranchises their elected representatives and risks harming our overall relationship with them. It also risks leading to a flight of business to other, less regulated jurisdictions, with the undesirable consequence that our law enforcement authorities would not have the same level of access to beneficial ownership information as under the existing bilateral arrangements. Imposing public registers of company beneficial ownership on the overseas territories would carry with it the risk that the territories would be less willing to work with us on this important issue.

[Dame Cheryl Gillan in the Chair]

I would like to draw parallels with the devolved Administrations and the Sewel convention. The hon. Member for Glasgow Central addressed the point on Second Reading:

“Much as I do not wish the House to legislate on Scottish matters, I do not want us to legislate for overseas territories or Crown dependencies without consent.”—[Official Report, 20 February 2018; Vol. 636, c. 92.]

I agree with her that that is the right approach.

The overseas territories and Crown dependencies have already made significant progress on beneficial ownership. Since we concluded our exchanges of notes with them in 2016, they have passed new primary legislation and delivered technological improvements to comply with the terms of the arrangements. They have committed to provide UK law enforcement authorities with automatic access to beneficial ownership information within 24 hours of a request being made, or within one hour in urgent cases. Those arrangements strengthen our law enforcement authorities’ ability to investigate serious organised crime, including money laundering and tax evasion.

The hon. Member for Oxford East asked about what are termed similarly effective systems. Some jurisdictions have opted under the bilateral arrangements concluded with the UK to establish an electronic search platform, allowing them to gain access to beneficial ownership information held by their authorities or by corporate service providers.

The exchanges of notes permit such similarly effective arrangements, provided that the following criteria are met. Law enforcement authorities can obtain beneficial ownership information without restrictions, and that information is available for use in both civil and criminal proceedings. Law enforcement authorities can also quickly identify all corporate and legal entities connected to a beneficial owner, without needing to submit multiple and repeated requests. Corporate and legal entities, or those to whom the beneficial ownership information relates, are not to be alerted to the fact that a request has been made or that an investigation is under way. We will monitor that arrangement to ensure that it does indeed provide the same results.

I hope that hon. Members agree that the overseas territories, in some cases in the most challenging circumstances, and the Crown dependencies have made significant efforts to move forward on this agenda. The effective implementation of the exchanges of notes will put them ahead of many G20 countries and many individual states of the USA, and demonstrates what can be achieved through working co-operatively.

[Alex Chalk (Cheltenham) (Con)]

Does my right hon. Friend agree that, as a result of the steps that have been taken in the Crown dependencies, there is a far greater degree of transparency in Jersey and Guernsey than in Delaware in the United States, for example?

[Sir Alan Duncan]

My hon. Friend is absolutely right. It is exactly that comparison that we need to see in the round, in order to understand that there could be unforeseen detrimental consequences of any kind of imposition proposed for the overseas territories.

Sanctions and Anti-Money Laundering Bill [ Lords ] (Third sitting)

Debate between Alan Duncan and Alex Chalk

Thursday 1st March 2018 Public Bill Committees

[Alex Chalk]

My overriding concern is that I do not like the drafting because it is inconsistent. Although I am very sympathetic to the Magnitsky principle, for which the hon. Lady and my right hon. Friend the Member for Newbury have powerfully advocated—I look forward to what the Minister has to say about that—this drafting has gone not just a bit awry but quite seriously awry. Creating confusion and inconsistencies between the two key pieces of legislation will mean that lawyers have a field day and that the victims are not be protected. For those reasons, we need to look at this again, get it right and ensure that what ends up on the statute book is truly fit for purpose.

[The Minister for Europe and the Americas (Sir Alan Duncan)]

We genuinely appreciate that this issue is of significant concern to right hon. and hon. Members, as the hon. Member for Bishop Auckland and hon. Members on both sides of the House who spoke on Second Reading made clear. I acknowledge the long-standing and heartfelt commitment to this important cause that my right hon. Friend the Member for Newbury has demonstrated. We do not want to do anything other than take seriously what Members from both sides of the House are arguing.

Let me go into some of the details and suggest how we might proceed. Amendments 1 and 2 relate to including in the Bill gross human rights abuses as a basis on which sanctions may be imposed. As Lord Ahmad made clear in the other place, the list of purposes currently in the Bill ensures we can continue to implement sanctions for the same reasons we do now—for example, in the interests of international peace and security or to further a foreign policy objective of the UK. As my right hon. Friend the Foreign Secretary said on Second Reading last week, we already implement human rights-based sanctions against 10 countries, including Iran, Libya, South Sudan and the Democratic Republic of the Congo. Overall, that means that sanctions against more than 200 individuals and entities are in place now, and that approach will continue under the Bill.

Hurricane Irma: Government Response

Debate between Alan Duncan and Alex Chalk

Tuesday 12th September 2017 Commons Chamber

[Sir Alan Duncan]

To take one person’s comments and say that they describe the overall picture is deeply unfair. What we have done in Anguilla has been a great help. As I have said, RFA Mounts Bay got the power in the hospital going again and delivered supplies. It also got the airport going again before it went to help the British Virgin Islands. Unlike the British Virgin Islands, however, Anguilla has not asked for UK consular support. The Government are still leading on that. The hon. Gentleman really just needs to hold back on his criticism and appreciate that a lot is being done in the midst of this very complicated post-hurricane mayhem, although any kind of complaint is quite understandable because so many people are in deep distress.

[Alex Chalk (Cheltenham) (Con)]

I acknowledge that the Minister does not have direct departmental responsibility for this, but may I press him on the issue of our international aid budget? Given our close connections with, and responsibilities for, the British overseas territories, does he agree that the Government should look urgently at ensuring that that budget will help to provide the necessary wide pipeline of aid in the months and years to come?

[Sir Alan Duncan]

I am tempted to commit DFID to spending lots of money, as I would wish, but I am sure that my hon. Friend will appreciate that we will have to assess future budgets. I am sure that my right hon. Friend the Secretary of State for International Development will make her plans clear in due course, once we have been able to work out how to proceed in those distressed and, in many cases, devastated islands. May I add a tiny thing to an answer I gave earlier? The Mounts Bay used its helicopter to drop a significant amount of water and food on Jost van Dyke yesterday and has done an enormous amount to prioritise the need that we are addressing.