Xinjiang: Forced Labour

Lord Ahmad of Wimbledon Excerpts

Tuesday 19th January 2021 Lords Chamber

[Baroness Northover (LD) [V]]

My Lords, I too thank the noble Lord for bringing us this Statement. The Foreign Secretary describes an appalling situation, with which we have become familiar. It is vital that our businesses do not benefit from slave labour in Xinjiang or anywhere else. The possibility of genocide must always be at the forefront of our minds, not least as we come up to Holocaust Memorial Day.

The Commons is indeed currently considering the amendments to the Trade Bill that we sent there. Ministers have been saying that Parliament, not the courts, should decide on genocide in relation to trade agreements. The noble Lord usually says international courts should decide on genocide, but he also admits that this is impossible when it comes to China. Yesterday, in relation to Nagorno-Karabakh, he said that

“it is a long-standing government policy that genocide is a matter for judicial decision rather than for Governments or non-judicial bodies.”—[Official Report, 18/1/21; col. 991.]

That seems in line with the amendment in the Commons. He said, “judicial decision”, not “international judicial decision” or “Parliament”: could he comment?

The Chinese Communist Party has described the forced sterilisation of Uighur women as “emancipation”. The UN convention on genocide clearly forbids this. The noble Lord will know that under the convention, when a state learns, or should have learned, of the serious risk of genocide, it must take action. Is his department making an assessment in relation to the Uighurs, and will he publish its conclusions? Given that China blocks routes to international courts, does he agree that the United Kingdom has a responsibility to find alternative routes to make the legal determination?

The second area I want to ask about, as the noble Lord, Lord Collins did, is the Magnitsky sanctions. The Government always say they keep these under review. The Minister will no doubt say that today, yet the US applies such sanctions in relation to China. Why do we not? The Foreign Secretary noted last week:

“Of course, many countries are nervous in their dealings with China because of its asymmetric economic clout.”—[Official Report, Commons, 12/1/21; col. 173.]


That is indeed so. The noble Lord rightly says that sanctions are most effective when undertaken jointly with others. There are three major economic blocs in the world: the United States, China and the EU. We now have to work that much harder to gain traction among European allies, not just France and Germany, so what progress are the Government making here?

The last area that I want to ask the noble Lord about is in relation to company law. I worked on the Companies Act 2006. We included supply chains. Can the noble Lord explain why neither the Companies Act nor the Modern Slavery Act have proved sufficient here? Clearly, reputation is vital. I noted how quickly companies acted after the Rana Plaza disaster when they realised that their reputations were at stake. What about public procurement? Can we be sure that the PPE that we so anxiously sought during the pandemic did not come from Xinjiang? There were reports of some of it originating in North Korea. Who will monitor and act on the proposed new measures? Which Minister in which department? Will legislation be brought forward as indicated—and, if so, when—to close the loopholes that the Government clearly identify exist in the Companies Act and the Modern Slavery Act?

The European Union, as the noble Lord, Lord Collins, noted, intends to introduce legislation on due diligence, which will be mandatory. Are we working with it so that our standards are at least equivalent? Will this issue be considered at the G7 or D10, or however it is defined, in June? I look forward to hearing the noble Lord’s response and also to the questions and answers from noble Lords who have so much experience in this area.

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

My Lords, I thank the noble Lord, Lord Collins, and the noble Baroness, Lady Northover, for their welcome of the provisions that have been announced. I also reassure them that, as they will have seen, earlier today I was engaging with one of the key NGOs that I speak to on a regular basis on issues of human rights, with a specific focus on Xinjiang.

It is worth just taking a step back. I pay tribute to many in your Lordships’ House and in the other place, as well as other advocates around the world, in seeing where we have got to on this important issue, even over the last three years. There was a time where the issue of Xinjiang and the situation of the Uighurs was not often debated. However, because of the advocacy from across your Lordships’ House and in the other place, there is a real strength and a real momentum behind the actions we have seen in international action, with the United Kingdom working with key partners. We have also had rich debates on various Bills, as well as more generally as we are doing today on specific matters relating to the situation in Xinjiang. I pay tribute to all noble Lords and Members in the other place for their continued not just interest but strong advocacy, for that is what is required.

Picking up on some of the specific questions, first, on the issues raised by the noble Lord, Lord Collins, on guidance and working with businesses, from my own experience of the private sector over 20 years I think that the approach of successive Governments, because of the nature of the environment we work in, has always been to work with business and to offer guidance and structure so businesses can act. This new robust and detailed guidance to UK business sets out quite specific risks faced by companies with links to Xinjiang, underlining the challenges of effective due diligence—a point made by the noble Baroness, Lady Northover, as well. There will be a Minister-led campaign of business engagement—which was a point the noble Lord, Lord Collins, again raised—led by my right honourable friend the Home Secretary with an organised forum called the Business Against Slavery Forum made up of businesses, which I understand my right honourable friend the Foreign Secretary will also attend.

The noble Lord, Lord Collins, also raised sanctions and further designations, as did the noble Baroness, Lady Northover. I have to be consistent with what I said before: we keep the situation under review, across the world, because it is important in the new regime introduced by this Government that we continue to monitor abuses of human rights. I assure noble Lords that we will continue to act.

Answering a point that the noble Baroness raised about acting with key partners, we have carefully noted the action taken by the United States. We worked closely with the European Union during the transition period and, as we have come to the end of that, we will build a new engagement and relationship. As my right honourable friend the Prime Minister said, we want to be the closest ally and friend to the European Union, and we will work together on our shared values agenda.

As I have said—and I stand by this, as it is important for sanctions policy—there is sometimes no necessity for institutional frameworks, as we have seen and demonstrated in our relationships with Australia, Canada and the US. But it is important for relationships to be strengthened further. We will continue to work with all our allies, including the European Union, as we bring forward sanctions, across the world, to ensure that those who abuse human rights are held to account and suffer as a consequence.

The noble Lord, Lord Collins, talked of new legislation and confirmation through the affirmative procedure for some of the changes proposed to the Modern Slavery Act. My right honourable friend the Home Secretary will shortly bring forward details of those changes; these will be discussed through the usual channels. They will include further intent to impose financial penalties on businesses that do not comply with their transparency obligations in this respect.

The noble Baroness, Lady Northover, and the noble Lord, Lord Collins, both raised this issue. I go back to 2015, when my right honourable friend the Member for Maidenhead, Theresa May, was Home Secretary. I remember working directly with her on this ground- breaking Act, when we were spurred on by what was happening in the UK. This was well supported across all parts of your Lordships’ House. It set the premise and basis for actions that we can take today. Other countries, such as Australia, have followed the United Kingdom’s lead. Yes, more work needs to be done and more actions need to be brought, but the steps we are taking on Xinjiang underline our commitment to further strengthening the Modern Slavery Act. It was set up to ensure that we stop supply chains that abuse people’s human rights. We will make full use of and, where necessary, strengthen the provisions of that Act.

I also assure the noble Baroness, Lady Northover, that the Government will provide guidance and extend provisions to support all UK public bodies to use public procurement rules to exclude suppliers where there is sufficient evidence of human rights violations in supply chains. Compliance will be mandatory for central government, non-departmental bodies and executive agencies. We expect this to increase public sector bodies’ ability and willingness to exclude specific suppliers, and we expect increased scrutiny to drive up standards and due diligence. Again, the noble Baroness raised this point on companies supplying the Government.

Both the noble Lord and the noble Baroness raised international co-operation and continued advocacy. The noble Lord, Lord Collins, rightly raised action within the context of UN institutions, particularly the Human Rights Council. I look forward to engaging with him and the noble Baroness on this, as we look forward to the next Human Rights Council. The United Kingdom returns as a member, but it is also notable to see China returning. I assure your Lordships that we will focus on our agenda as we did at the previous Human Rights Council; our item 4 statement was specifically just on the issue in Xinjiang and Hong Kong. We will continue to retain focus and build momentum. We have seen success, as all noble Lords know, in the UN third committee, where 39 members, building on the 28 in June, supported our statement on the situation in both Xinjiang and Hong Kong.

On the G7 agenda, which was raised by both the noble Lord, Lord Collins, and the noble Baroness, Lady Northover, obviously we are working through the importance of the agenda. The Prime Minister recently announced that he himself will be hosting the G7 leaders in Cornwall, and of course the Foreign Secretary will be convening a meeting of G7 Foreign Ministers. As my right honourable friend the Foreign Secretary has said, the importance of the values agenda and of defending human rights will very much be factored into our thinking. As we are able to share some of the specifics of that agenda, I will of course do so.

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

My Lords, we now come to the 20 minutes allocated to Back-Bench questions. Questions and answers should be brief so that the maximum number of speakers can be called.

[Lord Forsyth of Drumlean (Con) [V]]

My Lords, my noble friend said a few moments ago that he had to be consistent with what he said before. I would like to raise with him the issue, which is being discussed now in the other place, of the determination of the crime of genocide. He has always said that that is a matter for the courts, yet Ministers and the Government are now arguing that it would be quite wrong for the High Court in this country, which the noble and learned Lord, Lord Hope, has made clear is perfectly competent, to do that. So how can it be right to say that it is a matter for a court, which my noble friend has already indicated would be subject to a veto, but not right for the High Court here to determine behaviour such as we are seeing in Xinjiang as being genocide?

[Lord Ahmad of Wimbledon (Con)]

My Lords, my noble friend is indeed correct. We have consistently talked about the importance of competent legal authorities—the courts—ruling on these issues. When it comes to international matters, the institutions that exist, as the noble Baroness, Lady Northover, said, have been frustrated because of the lack of co-operation. The challenge that we have with the amendment being discussed in the other place—that is a live debate so I am mindful of what I may be saying to ensure consistency not just across two Houses but across two departments with two different Ministers speaking at the same time—comes to the issue of the separation of powers. I think our concern comes from the High Court having the power to frustrate trade agreements and the operation of the Government’s foreign policy. I assure my noble friend that it is not about whether or not genocide has occurred in Xinjiang; it is about the crucial issue of the separation of powers, which is the key concern of the Government.

[Lord Field of Birkenhead (CB)]

I thank the Minister for presenting the Statement. Might he tell the House a little more about the instructions that the Government have given to those who purchase a considerable range of goods on their behalf, including goods made in China, including cotton goods made there under slave labour conditions? If he could give the House more details about how he thinks the Government’s Budget is going to be used in this respect, we would all be grateful to him.

[Lord Ahmad of Wimbledon (Con)]

My Lords, the noble Lord is right to raise this issue. One of the specific announcements that we made was that, while there were obligations on the private sector within the context of existing legislation, there was a notable omission in the guidance issued to UK public bodies. We have used the proposal to further detail what we expect. That guidance for all the agencies that I have already listed will be shared with all departmental bodies and executive agencies, and it will increase public bodies’ ability and willingness to exclude specific suppliers. I think the sharing of evidence of where those specific suppliers are will also be helpful, particularly when you are talking about various departmental bodies. We also believe it will increase scrutiny to drive up standards and the due diligence that public sector bodies themselves apply when supplying to the Government. When we have the full details of that, I will be happy to share them with the noble Lord and put a copy in the Library.

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

Unfortunately the noble Baroness, Lady Kennedy, could not be reached. I call the noble Baroness, Lady Smith of Newnham.

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

My Lords, in his previous response, the Minister pointed out that the advice given to the public sector was not the same as that given to the private sector. Can he reassure the House that public sector procurement has not included PPE or other imports from slave labour? The House and the rest of the United Kingdom really needs that reassurance.

[Lord Ahmad of Wimbledon (Con)]

My Lords, I cannot—and I am sure the noble Baroness would not expect me to—give 100% affirmation that every single public sector body and contract has complied fully with the issues that she raised. I assure her and all noble Lords, as I have the noble Lord, Lord Field, just now, about the new government guidance. We will work with public bodies to ensure that the rules are fully understood and that there is a sufficient focus on, and sufficient evidence of, human rights violations that occur in supply chains. We will make public bodies fully cognisant of these so that they can act appropriately. With that reassurance, I hope and am certain that we will strengthen our work within the public procurement sector.

[Lord Garnier (Con) [V]]

My Lords, the Government’s Statement, for which I thank my noble friend the Minister, is clear and well motivated, but, if I may say so, it is only so far, so good. Does he agree that China will do absolutely nothing until we name the senior Chinese government officials responsible for this inhumane activity, ban them and their families from travelling abroad, freeze their bank accounts and impose the widest possible Magnitsky sanctions on them?

[Lord Ahmad of Wimbledon (Con)]

My noble and learned friend may know the answer I am about to give before I give it. He makes very powerful points about the importance of the end result of the human rights sanctions regime that we apply. It sends a very strong signal to those who abuse human rights that there will be consequences to their actions. I also assure him of what I alluded to earlier: there has been a real move in international action on this important issue. As we look forward to strengthening our work with partners, I note, on China not co-operating, that we are pressing for access to Xinjiang for the human rights commissioner, whose visit is the next key stage. We will continue to work with our partners to ensure greater transparency on the Chinese side. The Chinese take note not just of debates here and in the other place but of the action taken internationally. They are concerned about the situation currently being raised internationally in relation to their position on the global stage.

[Lord Alton of Liverpool (CB)]

My Lords, in the House of Commons last week, the Foreign Secretary said that what is happening in Xinjiang is “on an industrial scale”. Perhaps the most shocking example of this has been the reported export of 81 tonnes of human hair, shaved off the heads of Uighur slave labourers. Dominic Raab’s predecessor, Jeremy Hunt, said that no responsible country would engage in free trade agreements with a state committing genocide. Can the Minister give a firm commitment now, on the Floor of the House, that the United Kingdom will not negotiate a free trade agreement with China until the United Nations is permitted to investigate Xinjiang and these violations on an industrial scale? Also, will he ask the Foreign Secretary to urgently respond to the request of the movers of Amendment 3 to the Trade Bill, both here and in the House of Commons, to meet Mr Raab to discuss the next steps in dealing specifically with the crime of genocide?

[Lord Ahmad of Wimbledon (Con)]

My Lords, on the noble Lord’s second point, I know that my right honourable friend the Foreign Secretary and his team will look at all requests that we receive from colleagues across both Houses. I will certainly follow up what the noble Lord has raised. On his earlier point, the important thing is that, in any trade agreement that we look to negotiate and are involved with, human rights will be reflected in our discussions; I speak as a Human Rights Minister. As I have said before, China is an important strategic partner to the United Kingdom, and it has an important role to play in the world but, in doing so, it needs to recognise that the situation in Xinjiang is not going unnoticed. China is now being pressed and held to account for what is going on.

[Baroness Blackstone (Ind Lab)]

My Lords, I welcome the fact that the Statement recognises the appalling nature of the human rights abuses by Chinese authorities against the Uighur people, some of which have just been described by the noble Lord, Lord Alton. Given the denial of access to the region and refusal to admit that these abuses are taking place by the Chinese authorities, I wonder why we are being so slow in applying Magnitsky sanctions to the violators. I want to support what the noble and learned Lord, Lord Garnier, has already said. The Minister has said we are keeping this under review. I hope that he will not mind me saying that this seems rather feeble in the circumstances that we are now in. Surely, it is time for action and not just keeping something under review.

[Lord Ahmad of Wimbledon (Con)]

My Lords, I hear what the noble Baroness says. The new sanctions regime was only launched last summer. I am sure she would agree with me that many, if not all, the designations that have been made have been valid and done because of the strength of the abuses that have occurred. I say this very clearly: the situation in Xinjiang and the action we have taken is demonstrable of not just our concern but, as the Foreign Secretary has said in the other place, the dire situation faced by the Uighur Muslims and, let us also not forget, other minorities within Xinjiang. We have acted. Of course, I take note of the issue around sanctions, but the actions we have taken—in Hong Kong, in engaging and showing international support, on the issues and limitations on extradition treaties with Hong Kong, arms exports and the recent provisions we have announced on forced labour—show that the Government are not sitting back. We are taking action, and there is a wide range of steps we can take. Of course, as ever, I note very carefully what the noble Baroness has put forward.

[Lord Campbell of Pittenweem (LD) [V]]

My Lords, I welcome and support these proposals but, bearing in mind the response of the Chinese government when the Australian government supported an independent inquiry into the outbreak of the virus in Wuhan, are the Government ready to hold the line and not back down if there is a similar response in this case?

[Lord Ahmad of Wimbledon (Con)]

My Lords, I can assure the noble Lord that the government of China has not been, in any way, pleased with the leadership that the United Kingdom has shown on this important issue, both bilaterally in raising the issues directly with Chinese authorities, but also importantly in building international alliances—and we will continue to do so. We have an important relationship with China, but that does not hold us back from calling out challenges and abuses of human rights as we see them and when we see them.

[Lord Sheikh (Con) [V]]

My Lords, I feel that what is happening in China is reminiscent of the Holocaust, which has also been said by the Board of Deputies. The unfortunate victims this time are Muslims. We must now all decide to put a stop to what is going on. While I support the measures set out in the Statement, we need to take more robust actions and proceed to declare the persecution as genocide, invoke Magnitsky sanctions and consider legislation similar to the Uyghur Forced Labor Prevention Act in the United States. Furthermore, if the amendment on the Trade Bill is not accepted in the other place, we need to think about introducing similar measures in future. I would also like to add that if China does not allow outsiders, including a UN Commissioner, to have access to Xinjiang, we must stop Chinese officials from coming to the United Kingdom.

[Lord Ahmad of Wimbledon]

My Lords, there were a series of questions there. Some I believe have already answered, and I am sure my noble friend would acknowledge that. Of course, I share with him—as do the Government—the view that it is important to act and act now. As I have already illustrated, over the last few years we have seen real action being taken through multilateral fora, as well as directly, as the Statement from the Foreign Secretary has demonstrated. Of course, this does not stop here. If China fails to co-operate, we will continue to look to see what further provisions and actions can be taken. We take note of what our international partners are doing as well. As I have said consistently before, the application of sanctions works most effectively when we do so in partnership. On the point of stopping access to the UK for officials, one thing I will share with my noble friend, particularly through my engagement on multilateral fora, even with your worst foe you should never stop talking because by talking you are able to deliver your point of argument. China remains an important partner, so I do believe we will continue to work constructively where we agree with China and raise issues of human rights concerns where we do not.

[Baroness Falkner of Margravine (CB) [V]]

My Lords, I too welcome the Statement, but I am conscious that it talks about co-operation with international partners. The Minister will recognise that sanctions in whatever form work best when there is across the board co-operation among countries. I note that the EU has just completed an investment accord with China. What actions will the Government take if EU firms manage to export items made with forced labour to the UK, while UK firms are disadvantaged? What conversations are being had with France and Germany to ensure that this does not happen?

[Lord Ahmad of Wimbledon (Con)]

I agree with the noble Baroness. I can assure her that we are working closely with our European allies and friends on the important issue of global human rights sanctions. Indeed, they followed our sanctions regime. The practical issue that she raises is a matter for the EU and I am sure it will act swiftly in this respect.

[Baroness Goudie (Lab) [V]]

My Lords, last week I asked the Minister for Trade to what extent human rights issues were part of our trade negotiations and the signing of contracts. He was not able to say whether this would be the first item when we discuss trade with China and other countries. Can the Minister undertake that we will not enter further negotiations with China or anyone else without having human rights as one of the first items on the agenda?

[Lord Ahmad of Wimbledon (Con)]

My Lords, I can assure the noble Baroness that human rights are a key consideration in our discussions on bilateral trade agreements.

[Lord Balfe (Con)]

My Lords, as I have said in this Chamber before, we have to look at the broader picture when it comes to China. The Belt and Road initiative is about a very different China’s place in the world. We need to pull ourselves together with the United States and Europe and take a common position. How are we going to get people on the ground to see what is going on? The Chinese are not allowing anyone in. Unless they do, we will not find out. We could not even find out what was going on in Leicester, which is in our own country. We must find a way of putting people on the ground in the province.

[Lord Ahmad of Wimbledon (Con)]

My Lords, I agree with my noble friend. China is part of the international community. We continue to state the point he has articulated so strongly through all our multilateral fora engagements.

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

Lord Singh of Wimbledon? There is no response from the noble Lord, so I call the noble Baroness, Lady Stuart of Edgbaston.

[Baroness Stuart of Edgbaston (Non-Afl) [V]]

My Lords, when it comes to Xinjiang, no one can say that we did not know. I welcome the Statement and, in particular, the transparency requirements for companies. In a liberal democracy, however, it is important to show that it is not just the Government who object to this but also the people of the British Isles. Will the Minister make it obvious when companies are not complying with the transparency requirements and encourage retailers, such as Marks & Spencer, which have made it clear that they will stop trading in cotton and garments that result from slave labour? We, as consumers, should be clear that we should not purchase any of these products.

[Lord Ahmad of Wimbledon (Con)]

The noble Baroness makes a powerful point. We will look carefully at strengthening communications in this area.

[Lord Hunt of Kings Heath (Lab) [V]]

My Lords, I welcome the Statement. I have been particularly concerned about the horrific practice of enforced organ harvesting from prisoners of conscience in Xinjiang and other parts of China. The China Tribunal concluded that, with regard to the Uighurs, there was evidence of medical testing on a scale that could allow them to become an organ bank. Will the Government take action to hold British companies to account for their human rights obligations by preventing them exporting to China equipment that could be used for this horrific practice?

[Lord Ahmad of Wimbledon (Con)]

I assure the noble Lord, with whom I have engaged previously on this issue, that we take this very seriously. He makes some very pertinent points that I shall reflect upon. Seeing how we can move to a practical application is very high up my agenda, and I am seeing Sir Geoffrey Nice later this week to discuss it further.

[Lord Austin of Dudley (Non-Afl) [V]]

My Lords, this is a brutal and corrupt dictatorship, and the idea advanced by some that the closer the relationship with the West the quicker it will move to freedom and democracy has been proved completely wrong. While trade has increased massively over the last 30 years, China today is more illiberal and guilty of worse atrocities: a million Muslims in concentration camps, slave labour, people being killed, forced sterilisations, children removed from their parents, and anyone who opposes the regime locked up. The Minister and the Government should listen to noble Lords who have spoken this afternoon and we should impose Magnitsky sanctions on the dictatorship’s leadership and those who use this regime’s brutality to enrich themselves.

[Lord Ahmad of Wimbledon (Con)]

I assure the noble Lord, and indeed all within your Lordships’ House, that we are not just listening very carefully in a number of areas; we are acting quite decisively, and we will continue to do so. I have had this portfolio as Human Rights Minister for three years. About three years ago—the noble Lords, Lord Collins of Highbury and Lord Alton, among others, may have insights in this respect—the debates on this in your Lordships’ House were few and infrequent. Today, we may have different perspectives on the speed at which the Government are moving, but I listen very carefully to the wise counsel of your Lordships, as do my right honourable friend the Foreign Secretary and other Ministers. I assure noble Lords that we will continue to engage both within and outside the Chamber on the important issue of human rights, not just in China but across the world.

House adjourned at 5.02 pm.