Northern Ireland Protocol

Lord Ahmad of Wimbledon Excerpts

Tuesday 17th May 2022 Lords Chamber

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

My Lords, with the leave of the House, I shall now repeat a Statement delivered in the other place by my right honourable friend the Foreign Secretary.

“With permission, Mr Speaker, I would like to update the House on the Northern Ireland protocol, and to lay out the next steps. Our first priority is to uphold the Belfast/Good Friday agreement in all its dimensions. That agreement put in place a new arrangement for the governance of Northern Ireland and these islands composed of three interlocking strands: a power-sharing Government at Stormont on the basis of consent and parity of esteem for all communities; intensified north-south co-operation on the island of Ireland; and enhanced arrangements for east-west co-operation.

So much of the progress we have seen in Northern Ireland rests on this agreement, and for the agreement to continue to operate successfully, all three strands must function successfully. These arrangements are the foundation on which the modern, thriving Northern Ireland is built; it commands the support of parties across this House, and we will continue to work with all communities in Northern Ireland to protect it.

As a Government, we want to see a First Minister and a Deputy First Minister in place, and to work with them to make further progress. The basis for successful power-sharing remains strong, as my right honourable friend the Prime Minister laid out yesterday. However, the Belfast/Good Friday agreement is under strain, and, regrettably, the Northern Ireland Executive have not been fully functioning since early February. This is because the Northern Ireland protocol does not have the support necessary in one part of the community in Northern Ireland. I would also note that all Northern Ireland’s political parties agree on the need for changes to the protocol.

The practical problems are clear to see. As the House will know, the protocol has not yet been implemented in full due to the operation of grace periods and easements. However, EU customs procedures for moving goods within the UK have already meant that companies are facing significant costs and paperwork. Some businesses have stopped this trade altogether. These challenges have been sharpened by the post-Covid economic recovery.

Rules on taxation mean that citizens in Northern Ireland are unable to benefit fully from the same advantages as the rest of the United Kingdom, such as reductions in VAT on solar panels. SPS rules mean that producers face onerous restrictions, including veterinary certification, in order to sell foodstuffs in shops in Northern Ireland. These practical problems have contributed to the sense that the east-west relationship has been undermined.

Without resolving these and other issues, we will not be able to re-establish the Executive and preserve the hard-won progress sustained by the Belfast/Good Friday agreement. We need to restore the balance in that agreement. Our preference is to reach a negotiated outcome with the EU. We have worked tirelessly to that end and will continue to do so. I have had six months of negotiations with Vice-President Maroš Šefčovič. This follows a year of discussions by my predecessor.

The UK has proposed what we believe to be a comprehensive and reasonable solution to deliver on the objectives of the protocol. This includes a trusted trader scheme to provide the EU with real-time commercial data, giving it confidence that goods intended for Northern Ireland are not entering the EU single market. We are already sharing over 1 million rows of goods movement data with the EU every week.

Our proposed solution would meet both our and the EU’s original objectives for the protocol. It would address the frictions in east-west trade, while protecting the EU single market and the Belfast/Good Friday agreement. The challenge is that this solution requires a change to the protocol itself, as its current drafting prevents it from being implemented, but the EU’s mandate does not allow the protocol to be changed. That is why its current proposals are not able to address the fundamental concerns. In fact, it is our assessment that it would take us backward from the situation we have today with the standstill.

As the Prime Minister said, ‘our shared objective’ must be to find a solution that can command the ‘broadest possible cross-community support’ for years to come, and

‘protect the Belfast Good Friday Agreement in all its dimensions.’

That is why I am announcing our intention to introduce legislation in the coming weeks to make changes to the protocol.

Our preference remains a negotiated solution with the EU. In parallel with the legislation being introduced, we remain open to further talks if we can achieve the same outcome through a negotiated settlement. I have invited Vice-President Šefčovič to a meeting of the Withdrawal Agreement Joint Committee in London to discuss this as soon as possible. However, to respond to the very serious and grave situation in Northern Ireland, we are clear that there is a necessity to act to ensure that the institutions can be restored as soon as possible.

The Government believe that proceeding with the Bill is consistent with our obligations in international law—and in support of our prior obligations to the Belfast/Good Friday agreement. Before any changes are made, we will continue to consult businesses and people in Northern Ireland as our proposals are put forward.

I want to be clear that this is not about scrapping the protocol. Our aim is to deliver on all the protocol’s objectives. We will cement those provisions which are working, including the common travel area, the single electricity market and north-south co-operation, while fixing those elements which are not—on the movement of goods, goods regulation, VAT, subsidy control, and governance.

The Bill will put in place the necessary measures to lessen the burden on east-west trade and ensure that the people of Northern Ireland are able to access the same benefits as the people of Great Britain. The Bill will ensure that goods moving and staying within the UK are freed of unnecessary bureaucracy through our new ‘green channel’. This respects Northern Ireland’s place in the UK’s customs territory and protects the UK internal market. At the same time, it ensures that goods destined for the EU undergo the full checks and controls applied under EU law. This will be under- pinned by the data-sharing arrangements I have already set out.

The Bill will allow both east-west trade and the EU single market to be protected, while removing customs paperwork for goods remaining within the United Kingdom. The Bill will remove regulatory barriers to goods made to UK standards being sold in Northern Ireland. Businesses will be able to choose between meeting UK or EU standards in a new dual regulatory regime. The Bill will provide the Government with the ability to decide on tax and spend policies across the whole of the UK. It will address issues related to governance, bringing the protocol in line with international norms. At the same time, it will also take new measures to protect the EU single market by implementing robust penalties for those who seek to abuse the new system. It will continue to ensure that there is no hard border on the island of Ireland.

I will publish more detail on these solutions in the coming weeks. Let me be crystal clear that, even as we do so, we will continue to engage with the EU. The Bill will contain an explicit power to give effect to a new, revised protocol if we can reach an accommodation that meets our goal of protecting the Belfast/Good Friday agreement. We remain open to a negotiated solution, but the urgency of the situation means that we cannot afford to delay any longer.

The UK has clear responsibilities as the sovereign Government of Northern Ireland to ensure parity of esteem and the protection of economic rights. We are clear that the EU will not be negatively impacted in any way, just as we have ensured the protection of the EU single market since the existence of the protocol. We must restore the primacy of the Belfast/Good Friday agreement in all its dimensions as the basis for the restoration of the Executive. We will do so through technical measures designed to achieve the stated objectives of the protocol, tailored to the reality of Northern Ireland. We will do it in a way that fundamentally respects both unions—the United Kingdom and the EU—and we will live up to our commitments to all communities of Northern Ireland. As co-signatory and co-guarantor of the Belfast/Good Friday agreement, we will take the necessary decisions to preserve peace and stability. I commend this Statement to the House.”

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[Baroness Ludford (LD)]

My Lords, while political knockabout is tempting in the surreal circumstance to which the Government have brought us in respect of the Northern Ireland protocol, the situation is too serious and dangerous for that. The Foreign Secretary’s claim that the Government’s

“first priority is to uphold the Belfast/Good Friday agreement in all its dimensions”

does not stand up to scrutiny. The protocol exists solely because of the nature of Brexit and the hardest of hard versions that the Johnson Government and their DUP allies chose, despite the voters of Northern Ireland not supporting a Brexit of any kind. Brexit was the original sin. The Government’s choice meant that the UK and Ireland were not aligned within the customs union or the single market. The result was the need to manage the particular circumstances of Northern Ireland through special arrangements. It was impossible to have the hard Brexit cake and to eat the no-checks-across-the-Irish-Sea cherry. However, the Prime Minister and his supporters seem never to have accepted the consequences of their choices and the treaties they signed.

The protocol can be changed only by an agreement between the UK and the EU. At the time it was signed, there was still hope that the trade agreement would supersede the protocol and make it unnecessary. Hence, the Government’s impact assessment in October 2019 said:

“The Government intends to conclude a future relationship with the EU that is centred on a comprehensive free trade agreement with the EU and the outcome of this will affect the operation of the protocol.”


However, that comprehensive FTA never materialised, so the protocol—imperfect as it undoubtedly is—is still the essential best of a bad job. The Government’s announced action will put the UK in potential breach of international law. Like the noble Baroness, I will quote the Conservative chair of the Northern Ireland Affairs Committee, Simon Hoare, who quoted Margaret Thatcher as saying:

“The first duty of Government is to uphold the law. If it tries to bob and weave and duck around that duty when it’s inconvenient … then nothing is safe—not home, not liberty, not life itself.”


The Assembly election results show that a clear majority of voters and elected Assembly members not only want to see the political institutions operating immediately but generally support the protocol. This also applies to the vast majority of the business community, who also want a pragmatic, not confrontational, approach.

The dual-market access that Northern Ireland enjoys is an economic asset, but the Government are not listening to these messages. In the strong words of my friend in the other place, Stephen Farry of the Lib Dems’ sister party, Alliance, which did so well in the Assembly elections:

“This proposed action is unwanted and unwarranted. Indeed, it may prove to be counterproductive and destructive. Much of the rationale cited by the Government is disingenuous … Any action or even threat of action that takes Northern Ireland out of the single market, including disapplying the jurisdiction of the ECJ, will undermine our region”—


I repeat, “will undermine our region”—

“as an investment location. It would also lead to even greater political instability.”

These are serious words for a very serious situation.

The disingenuous nature of the Foreign Secretary’s Statement is illustrated in her assertion that

“all Northern Ireland’s political parties agree on the need for changes to the protocol.”

Of course those parties, including Alliance, which accept the protocol still want to see improvements in its operation, because it is certainly necessary to address a range of issues. However, the way forward lies in partnership and mutual agreement between the UK and EU around legal and sustainable solutions to reduce the nature and level of checks through various mitigations and flexibilities in the operation of the protocol, or via building on the trade and co-operation agreement.

I note that the Foreign Secretary says that our preference is to reach a negotiated settlement with the EU—so please just do it. One extra that the Government should pursue is a veterinary or SPS agreement; there is a clear alternative here to just whingeing about SPS checks. Can the Minister explain properly why this is not being pursued? Yes, the EU should display even more flexibility than it has already—over medicines, for instance—but it also says that the flexibilities it has proposed have not been fully explored by the UK Government, and it cannot be expected to do more when the Government display belligerence instead of co-operation and undermine trust, especially as some of the solutions involve the EU subcontracting functions to UK authorities.

To risk a trade war with the EU at a time when there is a military war in Europe and when the UK economy is weak and vulnerable is deeply irresponsible. No wonder the Cabinet is split. I hope that the necessary negotiations will be taken forward.

[Lord Ahmad of Wimbledon (Con)]

My Lords, I first thank the noble Baronesses, Lady Chapman and Lady Ludford, for their contributions and broad support—certainly from the noble Baroness, Lady Chapman—for the importance of moving forward in a collaborative and collective way and ensuring that the importance of upholding the principles, nature, context and content of the Belfast/Good Friday agreement is at the heart of this. I know that this point was also shared by the noble Baroness, Lady Ludford, and it has really been the basis of why the Government have chosen the particular pathway that I articulated in repeating the Statement.

The formation of a new Executive and a functioning Assembly—which the noble Baroness, Lady Chapman, alluded to—are, of course, the primary objectives of the United Kingdom Government. I state again that this is not about scrapping the protocol, as the noble Baroness, Lady Chapman, acknowledged; it is about fixing those elements of it which frankly are not working. They are not working for the political parties, for communities and, importantly, for businesses operating and seeking to strengthen their work across both Great Britain and Northern Ireland.

The noble Baroness, Lady Ludford, talked about Brexit and referred to Northern Ireland voting in a particular way, not for Brexit. The whole essence of the vote on Brexit was exactly what we are standing up for today: the unity of the United Kingdom. This was a UK-wide vote. It was a democratic vote—one person, one vote—the result stands and we really need now to move forward.

I also challenge the premise that, because of Brexit, our relationship with the European Union has suffered across a range of priorities. The noble Baroness, Lady Ludford, referred to Ukraine. As someone who has been involved at the heart of our response, collaboration and collective working on Mr Putin’s aggression and war on Ukraine, I assure her that our work with the European Union and our partners in Europe is in a very strong place, particularly in an area that I oversee and work on with my right honourable friend the Foreign Secretary: that of sanctions. I assure the noble Baroness that our relationship is very strong both bilaterally with countries across Europe and in the European Union context. I was pleased, as were many noble Lords, I am sure, when I heard the votes of the Eurovision Song Contest and heard Paris award the United Kingdom douze points. That reflects the strength across all cultural ties as well as what we are doing across important areas of our collaborative work.

On the issue of working with the European Union, Mr Šefčovič and my right honourable friend the Foreign Secretary have been engaged in regular meetings, both calls and direct. Indeed, in the Statement today, my right honourable friend again outlined the importance of meetings. As I articulated in repeating the Statement, in introducing the Bill, we are working in tandem to ensure that ultimately our objective is to find a strengthened partnership with the European Union based on negotiated amendments to the protocol—it is very clear that it is not working.

I look forward to working with the noble Baroness, Lady Chapman, along with my noble friend Lord Caine and the noble Lord, Lord Collins, among others, on how we move forward with the legislation. I assure all noble Lords that, in taking forward this Bill, I am someone who has at the heart of his responsibilities the importance of the international rule of law—it is something I have personally defended—and this is very much consistent with our obligations to international law. We will put forward a Statement on the Government’s legal position in due course.

On all the technical points within the protocol—the areas which are not working— we will continue to engage not just with the political parties and the EU but, importantly, with businesses to ensure that we can find the most practical and pragmatic solutions. Ultimately, the Government are making this Statement today and the proposals they have to ensure a functioning Executive and Assembly in Northern Ireland. As we have articulated —it is a point emphasised by my right honourable friend the Prime Minister—we need to act and move forward but do so always with the hand of co-operation and collaboration with the EU, and the door remains very much open for future discussions.

[Lord Howard of Lympne (Con)]

My Lords, will the Statement which my noble friend has promised on the Government’s legal position make it clear why they have come to the conclusion that these proposals are consistent with our international legal obligations, in contrast with the clauses in the internal market Bill?

[Lord Ahmad of Wimbledon (Con)]

My Lords, I hear what my noble friend said and, as I said already, we will put forward a Statement which will outline the Government’s position in this regard.

[Baroness Ritchie of Downpatrick (Lab)]

My Lords, trust, dialogue and confidence are urgently required in Northern Ireland. Not setting up an Executive and an Assembly post an election is deeply unacceptable and undemocratic. In that vein, will the Minister outline what technical meetings have taken place between the UK Government and the EU Commission in the past six months on issues to do with the protocol? I am talking about not ministerial meetings but technical working meetings. Further, what meetings will take place and when with business leaders, taking on board that the European Commission through Maroš Šefčovič has already had such meetings for more than a year?

[Lord Ahmad of Wimbledon (Con)]

My Lords, I welcome the noble Baroness’s contribution; she speaks on issues in Northern Ireland with great insight. I assure her that yesterday my right honourable friend met the chairman of Marks & Spencer, and we meet business leaders regularly. Indeed, part of our approach has been underpinned by what businesses themselves are saying. The Road Haulage Association has said that the protocol has caused an increase in the cost of moving goods to Northern Ireland of between 34% and 35%. The Federation of Small Businesses has said that the current arrangements have

“created new bureaucracy, increased costs and impacted supply chains.”

I assure the noble Baroness that, as I indicated through my right honourable friend’s meeting yesterday, we meet businesses regularly—as does the EU, as the noble Baroness acknowledged. Specific official-level meetings have been regular and consistent. For every meeting that takes place at the ministerial level, there are official meetings both in the preamble and as post-outcome meetings. Looking at my list here, there have been 10 meetings since December led directly by the Foreign Secretary. As I said, the pre and post meetings certainly indicate our commitment to finding a practical resolution.

[Lord McCrea of Magherafelt and Cookstown (DUP)]

My Lords, although I welcome the Foreign Secretary’s Statement, there is no doubt that resolute action to deal with this deeply offensive protocol must be taken. Firm and welcome words alone will not satisfy the community that certainly I come from. My colleagues and I await the proposed legislation and will honourably judge the same in accordance with the mandate we received in the recent election. However, does the Minister accept that devolution in Northern Ireland will not be restored until the protocol issue is resolved? A fudge will not satisfy.

[Lord Ahmad of Wimbledon (Con)]

My Lords, I welcome the noble Lord’s contribution. Again, I assure noble Lords that I and my noble friends on the Front Bench will continue to engage with your Lordships’ House on the practical proposals as they come forward, to ensure that we work through the details of the proposed Bill. I agree with him on the importance of having a functioning Executive and Assembly. It is very much part and parcel of the solution in ensuring that we do not just find practical resolutions to the protocol issue and its continuing challenges but avail ourselves of the opportunities for all people across Northern Ireland.

[The Earl of Kinnoull (CB)]

My Lords, what assessment have the Government made of the collateral effects of other EU-UK matters that are under discussion and dispatch? This was strongly evidenced by the letter I received from Commissioner Gabriel on 29 April in response to my letter about the UK’s lack of accession to Horizon Europe. Commissioner Gabriel cited the present serious difficulties in the implementation of the withdrawal agreement. Is not the Northern Ireland protocol spilling over a lot into the wider relationship and causing other problems?

[Lord Ahmad of Wimbledon (Con)]

My Lords, in negotiating any new agreement such as the withdrawal agreement, and in our new working with our colleagues across the European Union, there will of course still be issues that we need to focus on and resolve. However, I spoke earlier about my own practical experience of and insight on my dealings with colleagues across the EU, such as the Foreign Ministers whom I and my right honourable friend the Foreign Secretary meet regularly. There is certainly a raft of areas on which we see not only strong collaboration but strong partnership. That is perhaps best brought together in the current response we have seen to the war in Ukraine.

[Lord Moylan (Con)]

My Lords, does my noble friend the Minister accept that the problems with the Northern Ireland protocol affect not simply trade but the human rights issue, which has been identified as the democratic deficit? Northern Ireland is the only part of Europe in which people are subject to laws that are changed in a foreign parliament and adjudicated by a foreign court, and where tax rates must be approved by a foreign power. Unless the solution the Government come up with removes those jurisdictions, it will not be a sustainable one.

[Lord Ahmad of Wimbledon (Con)]

My Lords, my noble friend articulates the current challenges. That is exactly why the Government are acting: as the sovereign power responsible for Northern Ireland and its people, we have a responsibility to ensure that the primacy of the Belfast/Good Friday agreement in all its structures is kept at the forefront of our thinking and discussions on how Northern Ireland moves forward. My noble friend mentioned human rights. We must ensure that people in Northern Ireland have the same benefits, laws and courts as everyone else across the United Kingdom.

[Baroness Fox of Buckley (Non-Afl)]

My Lords, can the Minister make it clear that the blame for the present tensions and problems is not to be found in the unionist community, as implied by too many commentators and even by some here today? I do not always agree with the DUP, but on this I do—solidarity. Also, can I urge the Minister to commit to making it clear that the protocol is not just a practical or technical problem in terms of the movement of goods, VAT and so on? The Statement was overtechnical. Would it in fact be better for the Government to stress that what is at stake here is the principle of sovereignty? It is that principle that has to be fought for and defended; and the protocol cannot do that.

[Lord Ahmad of Wimbledon (Con)]

I am glad that a Statement such as this has brought the kind of unity the noble Baroness has referred to. Equally, I agree with her that it is important that at the forefront of this is the Belfast/Good Friday agreement. Many Members of your Lordships’ House were involved with the hard, technical negotiations which brought that forward, and it is also important that we not only sustain it but continue to strengthen it. Ultimately, yes, it is about sovereignty and unity and ensuring that the people of Northern Ireland, who are an integral part of the United Kingdom, enjoy the same benefits.

[Viscount Hailsham (Con)]

My Lords, in the autumn of 2019, Mr Johnson on many occasions asserted that the Northern Ireland protocol would not create a trade barrier between Northern Ireland and the remainder of the United Kingdom. That is not the case. That was never the case. Why did he say that? Was it because he did not understand what he had agreed, or was it because he did not want the true facts to be known to the electorate? We need an explanation, and we need one before this House is asked to consider further legislation.

[Lord Ahmad of Wimbledon (Con)]

My Lords, my right honourable friend the Prime Minister articulated the importance of the principles of the protocol. We wanted to ensure that there were no differences between the opportunities afforded to businesses and people in Northern Ireland and those in the rest of Great Britain. That has not been the case. We have continued to negotiate on finding solutions with our colleagues across the EU in practical and collaborative ways. As I have said already, and I articulate again to my noble friend, that door is very much open for discussions. It is important that we look to address those very issues, which are not just being highlighted by the UK Government; these issues are being highlighted in practice by the communities of Northern Ireland. As the Statement said, every political party in Northern Ireland believes that the protocol needs to be amended. Also, importantly, businesses are making the case very strongly. It is important, as a responsible Government, that we act accordingly.

[Baroness Symons of Vernham Dean (Lab)]

My Lords, does the Minister not recall that we discussed this issue over and again when we were talking about the impact that Brexit would have on the Northern Ireland agreement? We did so in this House; I recall very clearly my noble friend Lord Hain making exactly this point. The problem we have now was inevitable. The problem with the protocol that we are now discussing undermines, fundamentally, the painfully reached Good Friday agreement, where we were helped by Senator Mitchell of the United States, and what we now have is an almost irreconcilable problem by having thought we could have our cake and eat it.

[Lord Ahmad of Wimbledon (Con)]

My Lords, one thing I have learned in diplomacy is that you can reconcile everything. It is about having the vision and also the commitment to find an agreement. That is certainly the intention of the United Kingdom Government. We will continue to work with our colleagues and friends across the European Union to find solutions to the issues of the protocol. We do not have a functioning Executive; people are taxed differently from everyone else in the UK; you cannot access the same financial benefits; and laws and courts in Northern Ireland are different from elsewhere in the UK. These are practical problems. They must be addressed. We will continue to work with the EU in good faith. But from a personal perspective: where there is a will, you can find a way, and one hopes we can do exactly that.

[Lord Lilley (Con)]

My Lords, as the former Solicitor-General Sir Robert Buckland said in another place, the very first article of the protocol says:

“This Protocol is without prejudice to the provisions of the 1998 Agreement”.


So the Belfast/Good Friday agreement take precedence over the protocol. The UK, as guarantor of the Belfast agreement, has not just a right but a duty to ensure that elements of the protocol that threaten the Good Friday agreement are changed, as envisaged in Article 13 of the protocol. If the EU resists this—I hope it will not—it will be acting against both the letter and the spirit of the protocol.

[Lord Ahmad of Wimbledon (Con)]

My Lords, my noble friend has detailed what my right honourable friend Robert Buckland said, and I totally agree. As I said, the position the Government are taking is about not scrapping the protocol but addressing the very issues that are not consistent with the important agreement that was reached by all in Northern Ireland: the Belfast/Good Friday agreement. We need to ensure that it is upheld.

[Lord Foulkes of Cumnock (Lab Co-op)]

My Lords, does the Minister understand why some of us who warned of the dangers of Brexit and the withdrawal agreement—every day, as my noble friend said—

[Lord Foulkes of Cumnock (Lab Co-op)]

We are just a wee bit fed up when those people who were responsible for it and got peerages as a result of supporting that campaign now get up and criticise what they advocated, and when the former Minister, sitting on the Back Benches over there, who pushed this on us leaves the front line and snipes from the sidelines, leaving the poor noble Lord, Lord Ahmad, to come and explain it to us. He does it very well but it is not his responsibility. We should blame those whose responsibility it really is.

[Lord Ahmad of Wimbledon (Con)]

My Lords, first of all, I have worked closely with my noble friend Lord Frost and continue to have a strong friendship with him and to hold him in the highest regard. I pay tribute to the important work he did in our discussions on this important agreement with those across the European Union. I do not regard myself as “poor”, because I am often enriched by contributions and knowledge shared by your Lordships.

Equally, I assure noble Lords that being part of this Government is about collective responsibility. As a Minister, I believe we are ensuring that we fulfil our obligations as a custodian of the Belfast/Good Friday agreement when it comes to upholding the rights and obligations of those in Northern Ireland. At the same time, we continue to work with our colleagues across the EU to say that, yes, we are introducing these provisions but we have not closed the door. As I said in the Statement and as my right honourable friend the Foreign Secretary repeated during her discourse in the other place, ultimately we want a negotiation with the European Union; that would be the best outcome.

[Lord Taylor of Holbeach (Con)]

My Lords, noble Lords would expect me, as a horticulturalist, to address the House in the week before the Chelsea Flower Show. This country has a thriving horticultural industry, but trade between Northern Ireland and the mainland has been crippled by the Northern Ireland protocol. I hope it is possible that the horticultural industries can be fully taken into account in the negotiations the Government have entered into, because trade in horticultural goods is an important part of our inter- community economy.

[Lord Ahmad of Wimbledon (Con)]

My Lords, my noble friend raises the important issue of the horticultural industry. On a personal note, during his time as Chief Whip and a Minister I often benefited from the precious gifts he provides around Christmastime to many of us across your Lordships’ House. Flowers bloom in your Lordships’ House courtesy of my noble friend. I think the noble Lord, Lord Collins, is feeling left out, and I say to my noble friend that perhaps that can be extended to him.

Of course, my noble friend is absolutely right. The horticultural industry, as well as all others, is very much part and parcel of our consultations to ensure that businesses operating across the United Kingdom continue to benefit from their own perspective and, importantly, that citizens across the United Kingdom benefit from businesses as well.

[Lord Empey (UUP)]

My Lords, in the other place, the Secretary of State referred to unintended consequences. I have to say that all the consequences were foreseeable—and indeed were foreseen. The Foreign Secretary said,

“I want to be clear … that this is not about scrapping the protocol”,


and my noble friend Lord Moylan hit the nail on the head. Does this mean that, in perpetuity, laws will be made on behalf of Northern Ireland by a foreign power over which we have neither input nor say?

[Lord Ahmad of Wimbledon (Con)]

My Lords, my noble friend brings great insight and experience, and I pay tribute to his work in Northern Ireland. The Government’s position is very clear: we are acting and will continue to act in good faith. Practical issues have arisen from the imposition of the protocol which are simply not working—they are not working for Northern Ireland or for businesses, and they go against the actual agreement that we all want to uphold. As my noble friend Lord Lilley articulated very well, we all want to see the essence of the Good Friday agreement sustained as part and parcel of our discussions going forward. We will continue to work to ensure that all people across Northern Ireland have the opportunities and rights that are protected in that agreement, and where the protocol does not do that, it needs to change.

[Lord Campbell of Pittenweem (LD)]

My Lords, is not the effect of what the Government are proposing to issue an ultimatum to the European Union? How do they expect the European Union to respond positively to that approach?

[Lord Ahmad of Wimbledon (Con)]

My Lords, as my right honourable friend the Foreign Secretary said, we have been negotiating with the European Union for 18 months, and my right honourable friend has been leading on this for the last six months. I have seen how serious and focused she has been in finding practical solutions; that door is very much open. Mr Šefčovič has been invited to have further discussions, and one hopes that the European Union will respond constructively.

[Lord Cormack (Con)]

My Lords, as a former chair of the Northern Ireland Affairs Committee in the other place, I ask my noble friend to take particular note of the very wise words of the current chair, who, after all, leads a committee of several parties and has got to know Northern Ireland very well. I hope that he will be present at key negotiations.

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[Lord Ahmad of Wimbledon (Con)]

My Lords, I certainly regard all contributions as wise words, whether they are in the other place or in your Lordships’ House. I reiterate the point—I know I speak for others on our Front Bench—that there are many people who have direct insight and experience on this important issue. As we work through the proposals that the Government bring forward we will be well placed to leverage, utilise and make sure that that experience feeds into what one hopes will be a practical outcome to the issues around the protocol that we currently face.

Shireen Abu Aqla

Lord Ahmad of Wimbledon Excerpts

Tuesday 17th May 2022 Lords Chamber

[Lord Collins of Highbury (Lab)]

My Lords, the killing of Shireen Abu Aqla was not only an outrageous act but an attack on the freedom of the media and the independence of journalists working around the world. Her killing was rightly condemned by world leaders, the UN and civil society. The recent violence at Shireen’s funeral was similarly indefensible. While I note that Vicky Ford in the other place yesterday confirmed support for the international investigation, she did not indicate whether representations had been made to her counterparts in the Israeli Government to encourage them to support such an inquiry. Can the Minister answer this, and say whether further representations have been made to the Israeli Government on the subsequent violence following the funeral?

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

My Lords, I am sure that I speak for everyone, irrespective of where they are on the issues in the Middle East and the situation between Israel and the Palestinians, when I express my shock at the killing of a very renowned journalist, Shireen Abu Aqla. She worked over many years with great diligence and great conviction, and— speaking as someone who leads on the importance of media freedom around the world, which I know is close to the noble Lord’s heart as well—she did exactly what we know many journalists do in conflict zones: operated in reporting news with great courage and conviction. She has tragically paid the ultimate price of her life. The subsequent scenes we saw during the funeral shocked many of us. Witnessing that unfolding on television screens was clearly something that everyone found extremely shocking. I can confirm that of course we are engaged. Our ambassador has engaged directly with the Israeli authorities, as has our consul general in Jerusalem. We have continued to press for a thorough investigation into the events that took place.

[Lord Purvis of Tweed (LD)]

With regards to the funeral, Archbishop Pierbattista Pizzaballa, of the Roman Catholic Church, was reported as saying this:

“The Israel Police’s invasion and disproportionate use of force—attacking mourners, striking them with batons, using smoke grenades, shooting rubber bullets, frightening the hospital patients—is a severe violation of international norms and regulations, including the fundamental human right of freedom of religion.”


The Vatican has said that the 1993 agreement on the protection of the fundamental human right of freedom of religion and belief has been brutally violated. The Minister is well regarded on this subject, and he has spoken very regularly in this House on the importance of UK leadership on the protection of the fundamental human right of freedom of religion and belief. What direct representations have Ministers from the UK Government made to their counterparts in the Israeli Government?

[Lord Ahmad of Wimbledon (Con)]

My Lords, the noble Lord is right that freedom of religion or belief is a key priority for the United Kingdom Government. We look forward to hosting the important ministerial event in July this year. I assure the noble Lord that, as the Human Rights Minister, I put out a specific statement in respect of the events that unfolded at the time of the funeral. As the noble Lord has said, the response is being investigated—and it is right that those actions are fully investigated. What unfolded on our screens was, irrespective of where you stand on the issues that divide people in the Holy Land, something that no one deserved. The sanctity of life is important, and the funeral of someone who has tragically been killed—or any funeral—has to be respected for the dignity of the deceased. We will continue, as we have done, to call on the Israeli authorities to open an investigation. I know that, equally, the Palestinian Authority is looking at an investigation. We believe that it needs to be impartial so that it can establish the facts on the ground, and we will continue to work constructively with both sides.

[Lord Polak (Con)]

My Lords, the bravery and courage of journalists reporting from war zones and caught up in the crossfire knows no bounds, and my sympathy and prayers are with the family of Shireen Abu Aqla. However, does my noble friend the Minister share my sympathies and prayers for the families of Oren Ben Yiftah, father of six; Yonatan Havakuk, father of five; and Boaz Gol, father of six? They were all hacked to death with axes and knives by Palestinian terrorists on 5 May.

--- Later in debate ---

[Lord Ahmad of Wimbledon (Con)]

My Lords, in joining my noble friend in prayers for the family of Shireen Abu Aqla, I am sure that I speak for all Members of your Lordships’ House, irrespective of what our positions are or where the Government or anyone else may stand, when I say that while we ultimately seek and hope for peace and security for all, I condemn any shocking or tragic death and express our solidarity with those who suffer the tragedy of such actions. This underlines the importance of achieving a resolution to the conflict. It is important that we strive to find peace in the Holy Land.

[Baroness Deech (CB)]

My Lords, it is sad but not surprising that the general opinion piles in to find that Israel is guilty before any investigation is carried out. Will the Minister encourage the Palestinians to hand over the relevant evidence—I believe it is a bullet, and we hope that it will be the right one—for investigation? Will he also encourage the Palestinians to stop their “pay for slay” policy whereby the families of assassins who are in prison are given salaries? That would be one way to cut down the amount of tragic bloodshed in that area.

[Lord Ahmad of Wimbledon (Con)]

My Lords, on the tragic killing of Shireen Abu Aqla, it is important that we have made the UK’s position clear. Indeed, on 13 May, with other members of the UN Security Council, we not only condemned the killing but stressed the importance of an

“immediate, thorough, transparent, fair and impartial investigation”

and the need to ensure accountability. In this respect, anyone who has evidence in support of such an investigation needs to bring that forward. It is also important to say that no one who commits these acts achieves any goal towards the important path of peace. What we need at this time is reflection on the tragedy that continues to engulf all communities across Israel and the Palestinian territories but, equally, to ensure that the structures and justice systems act to bring justice for those who suffer as a consequence of these tragic acts.

[Lord Austin of Dudley (Non-Afl)]

My Lords, the scenes at the funeral were terrible but it is completely wrong for people to attribute all the blame to Israel for this tragedy, when it occurred during a gun battle launched by terrorists trying to prevent the arrest of people responsible for the sort of attacks we have just heard about, and when one of those gunmen was heard saying that he had shot a soldier when in fact no soldiers were hit. This might explain why the Palestinian Authority has refused to allow the bullet that we just heard about to be examined and has refused to hold a joint investigation.

[Lord Ahmad of Wimbledon (Con)]

My Lords, that is why we have been very clear in saying that the investigation has to take place. It needs to be impartial and to ensure that all evidence is included. As I have said—I say it time and again as someone who has visited Israel, not just officially but with my family, and who has also visited the Palestinian territories—there is much that those communities find in common. It is important that we now find minds that can bring this conflict to a resolution. Ultimately, for every life lost there is a family, whether Israeli or Palestinian, that has to endure the loss. This tragedy has to come to an end.

[Lord Pickles (Con)]

My Lords—

--- Later in debate ---

[Baroness Ludford (LD)]

My Lords, the Minister did not quite answer the question of whether he thought it feasible and valuable to have a joint investigation. The bullet is clearly an essential piece of evidence. He talks about an impartial investigation; does he believe it should be a joint one?

[Lord Ahmad of Wimbledon (Con)]

My Lords, that has certainly been put forward, and the Israeli side has called for a joint investigation. As I have said, one hopes that both the Palestinian Authority and the Israeli authorities can come to an agreement to ensure that the evidence necessary to any investigation is fully provided, so that we have that impartial investigation. One hopes that that bridge can be crossed, so that there can be agreement on the investigation.

With the indulgence of the House, I will also take the second question as the Whip indicated.

[Baroness Warsi (Con)]

I am grateful to my noble friend. Shireen was an American Palestinian Catholic member of the press. We have seen just from the interventions in this House that opinion is divided as to how she was murdered. In those circumstances, does my noble friend agree that the only way to make sure that we get to the bottom of who killed—assassinated —Shireen is to have an independent investigation, independent of those accused of being involved?

[Lord Ahmad of Wimbledon (Con)]

My Lords, of course, as I have said already, the United Kingdom Government have been very clear that what is needed is an investigation that is

“immediate, thorough, transparent, fair and impartial”.

It is important for all involved in that investigation to come together. Ultimately, we want to see those who were responsible for the killing of Shireen to be brought to justice.

Sri Lanka

Lord Ahmad of Wimbledon Excerpts

Monday 16th May 2022 Lords Chamber

[Lord Moylan]

To ask Her Majesty’s Government what assessment they have made of the economic situation in Sri Lanka; and what steps they are planning to take to support that country.

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

My Lords, we are closely monitoring the concerning economic situation in Sri Lanka, including issues of food security and livelihoods. The International Monetary Fund has assessed Sri Lanka’s debt as unsustainable. We welcome the start of in-depth discussions with the IMF on a financial assistance package and reforms needed to put debt on a sustainable path. The World Bank, to which the United Kingdom is a major donor, is providing support to health services and low-income families.

[Lord Moylan (Con)]

My Lords, Sri Lanka is an important Commonwealth country. Although I welcome the fact that the Government are monitoring the situation, I would have hoped something a little more vigorous and direct might become available at the moment. We are in danger of seeing our neglect of Sri Lanka over time leading it to drift off into the malign sphere of China. If the Government could be a little more helpful in terms of practical help at the moment, I also ask my noble friend whether we could do something in the longer term that would help: as friends of mine in Sri Lanka have requested, help them put in place the governance and parliamentary structures that would help to combat defalcation in the future and restore public confidence in the expenditure of public funds.

[Lord Ahmad of Wimbledon (Con)]

My Lords, I assure my noble friend that we are working in very practical terms. Indeed, at the start of this year, as the Minister for South Asia, I visited Sri Lanka myself and engaged directly with the Government in Colombo, and also visited other parts of the country to ensure that all voices across Sri Lanka are fully heard and engaged with when it comes to the United Kingdom’s approach. My noble friend is also correct that we are looking at practical support and working through agencies, particularly the World Bank and the IMF, to look at the immediate issues of the debt, which needs to be put on to a sustainable footing. We are also in very structured dialogue through the high commissioner directly, with whom I am engaging on a daily basis, to ensure that the political and the security situation are sustained, which allows peaceful protest but at the same time prevents violence, which has been seen during the protests since this emergency began.

[Baroness Primarolo (Lab)]

My Lords, I thank the Minister for his answer on the work that is being done bilaterally with Sri Lanka, but he will be aware of the issues surrounding human rights in Sri Lanka. In his answer, he touched on allowing all voices to be heard, so can he detail to the House what work is being done bilaterally to protect human rights in Sri Lanka and to encourage the Sri Lankan Government to do likewise?

[Lord Ahmad of Wimbledon (Con)]

My Lords, we are engaging directly with various political representatives within the Sri Lankan Parliament, including representatives of different parties and the Tamil community. We are also engaging on ensuring that communal relations are maintained. Attempts have been made by certain parties within Sri Lanka to exploit the current situation to target particular communities. We recognise that steps have been taken to ensure that the right to protest is allowed to continue. Notwithstanding the curfews that were imposed, protests have continued to take place peacefully over recent days. It is an inherent right for any Sri Lankan.

[Lord Purvis of Tweed (LD)]

My Lords, I am glad that the Minister has recovered from Covid. Eight years ago, I helped facilitate preparatory discussions for the constitutional assembly in Sri Lanka. That delicate set of discussions has been ongoing since. At that point, when the assembly met, the Commonwealth deployed human rights lawyers for a sub-committee on human rights and fundamental rights. There is one month left in the UK’s term as chair in office. Will the Government convene, through their offices in the Commonwealth, a similar dialogue to maintain those discussions on human rights and fundamental rights, which are so important and could be a casualty of the existing, very tense, situation?

[Lord Ahmad of Wimbledon (Con)]

My Lords, it is not just through our chairing of the Commonwealth as chair in office but, as the noble Lord will be fully aware—indeed, I briefed him on this—we have led the way on human rights in the UN Human Rights Council to ensure that the focus remains on issues of justice and accountability in Sri Lanka. The historic legacy of the conflict is not forgotten. I assure the noble Lord that through the Commonwealth, bilaterally and through UN agencies we will continue to ensure that human rights are not just sustained but are protected during this turbulent time.

[Lord Naseby (Con)]

Does my noble friend recognise that Sri Lanka was a founder member of the Commonwealth and stood by our country in relation to the Chagos Islands and the Falklands? First, does he agree that at this time Sri Lanka needs real, practical help rather than theoretical help? I declare that I was there just over five weeks ago. That practical help means medicines and possibly some help with energy. Secondly, should we not be promoting in the medium term the advantages of Port City Colombo, which is a major investment for our country, to renew our connections? Thirdly and finally, should we not recognise for the record that were it not for Mahinda Rajapaksa, there would have been a terrorist rogue state in the northern part of Sri Lanka and that at least he did that well?

[Lord Ahmad of Wimbledon (Con)]

My Lords, like my noble friend I have recently visited Sri Lanka. As well as focusing—rightly, I believe—on the important issues of justice, reconciliation and accountability, I focused on practical steps to strengthen our bilateral relationship with Sri Lanka, including on issues of trade and the port that my noble friend mentioned. On immediate support in the crisis, I have said already that we are working through the World Bank and that the $600 million includes assistance to provide economic and health support, including vital medicines and medical equipment. We are engaging directly with the new Prime Minister through our high commissioner to ensure that Sri Lanka’s priorities are fully understood. We will give support as appropriate.

[Lord Collins of Highbury (Lab)]

My Lords, the Minister is absolutely right that, whatever their ethnicity, race or religion, all the peoples of Sri Lanka deserve justice. I know that he has been committed to that process. I am also glad that he mentioned the UN Human Rights Council, which last year mandated that the UN collect and analyse evidence of international crimes for future prosecutions. What are we doing with our allies to ensure that that process is completed?

[Lord Ahmad of Wimbledon (Con)]

My Lords, in the context of the UNHRC we have continued to work with our friends and supporters to ensure the processes, and to work directly with the High Commissioner’s office so that evidence can be collected and justice rightly served for those who for too long have not seen justice served. At this time, our focus in the current crisis is on the immediate needs of Sri Lanka, its people and its welfare. That is why, with the appointment of the new Prime Minister and a new Cabinet, we are working constructively to ensure that human rights—as I said earlier, the rights to protest and of media reporting on the current crisis—are sustained and maintained while, at the same time, working towards the vital reconciliation that is required, with Sri Lanka’s historical legacy, to allow all communities to move forward together as one.

[Viscount Waverley (CB)]

My Lords, this is becoming a desperate state of affairs, as we all agree. Is there a concern that Sri Lanka’s plight, with all the shortages, could be an indicator, globally, of a stark new world order that will affect many emerging countries in a similar manner? The point has been made about China. Is it conceivable that a future Chinese military base could be stationed in Sri Lanka and therefore be at the centre of our Indo-Pacific priority?

[Lord Ahmad of Wimbledon (Con)]

My Lords, the current crisis that Sri Lanka faces did not happen all of a sudden. It is important to look at steps such as the IMF’s intervention. With hindsight, I am sure many voices in Sri Lanka are asking whether it should have been sooner or earlier—but we are where we are, and it is important now that, through the IMF and the World Bank, we look at ensuring, first things first, that this debt can be restructured in a way that allows Sri Lanka to move forward.

On the wider issue of China’s reach in the Indo-Pacific, we need to work constructively with our key partners. That is why, when it comes to infrastructure development, as I said when I visited Sri Lanka, through our own initiatives with key partners we need to offer an alternative method that allows a country not to be indebted but to service its debt and, at the same time, to move forward constructively.

Russia (Sanctions) (EU Exit) (Amendment) (No. 8) Regulations 2022

Lord Ahmad of Wimbledon Excerpts

Thursday 28th April 2022 Lords Chamber

Moved by

[Lord Ahmad of Wimbledon]

That the Regulations laid before the House on 14 April be approved.

Relevant document: 37th Report from the Secondary Legislation Scrutiny Committee. Considered in Grand Committee on 26 April.

Motion agreed.

Russia (Sanctions) (EU Exit) (Amendment) (No. 7) Regulations 2022

Lord Ahmad of Wimbledon Excerpts

Thursday 28th April 2022 Lords Chamber

Moved by

[Lord Ahmad of Wimbledon]

That the Regulations laid before the House on 30 March be approved.

Considered in Grand Committee on 26 April.

[Lord Collins of Highbury (Lab)]

My Lords, I am not wishing to object to the statutory instruments. As the noble Lord knows, in the debate in Grand Committee we strongly supported the Government’s actions, and we will continue to support them speedily introducing sanctions against the Putin regime. However, the 37th report of the Secondary Legislation Scrutiny Committee made a very valid point: that the Explanatory Memorandum, which we did not have available at the time of the debate, failed to set out the rationale particularly for the luxury goods chosen in the sanctions and the value threshold, and so on, which I think is £250. The committee made the point that,

“When legislation is passed through Parliament at speed,”


which is absolutely necessary in this case—

“it is particularly important that the policy choices it implements are very clearly explained.”

So I hope that, if the Minister is not able to speak on this today, he will write to all noble Lords who participated in the debate, setting out the rationale and that, in future, when these urgent SIs come before the Grand Committee, they will take cognisance of the opinions of the Secondary Legislation Scrutiny Committee.

[Lord Hodgson of Astley Abbotts (Con)]

My Lords, I was going to be very brief, and I can be even briefer, because the noble Lord, Lord Collins, has stolen most of my lines. I speak on behalf of the Secondary Legislation Scrutiny Committee. Because of the truncated nature of the process, we were discussing, debating and examining these regulations even as the noble Lord, Lord Collins, and my noble friend were debating them in the Moses Room. We were of course completely behind their policy purpose and support them entirely.

However, we had some serious questions about the way the regulations will operate, particularly on the selection of items—for example, why are we not banning the export of ambulances, which presumably have some military value?—and the selection of the value of £250 for items of luxury clothing, which means that you can export a suit worth £240 but not one worth £260. That took us to our question about enforcement, because, as the noble Lord, Lord Ricketts, who knows much more about this than I will ever know, has said, sanctions are only effective if they are defined and enforced. They begin very clearly and then, gradually, they become less effective over time because evil-intentioned and clever people find ways around them.

We have written to my noble friend about these points—he will have received the letter this morning—and I very much hope that he will be able to reply in some detail and copy it to the noble Lord, Lord Collins, and all of those who spoke in the debate in the Moses Room.

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

My Lords, I acknowledge the strong support that we have received from your Lordships’ House in support of all of the sanctions that we are passing in this respect, particularly on Russia and related activities, covering both individuals and organisations. I also recognise the point raised by my noble friend Lord Collins and my noble friend, in thanking the committee on SIs for its strong support of the Government being able to move at speed.

I also fully recognise that the explicit and specific point on application and definition is very much key, and there are always loopholes—this is a serious issue. On the suit example, what if you had bought one in a sale and it was discounted by a certain amount? It could also fall within that. I have not yet seen the letter, which would have arrived this morning, but I will give a comprehensive response to my noble friend, the noble Lord and all noble Lords who have participated.

Motion agreed.

Amnesty International Report 2021/22

Lord Ahmad of Wimbledon Excerpts

Wednesday 27th April 2022 Lords Chamber

[Baroness Chakrabarti]

To ask Her Majesty’s Government what assessment they have made of Amnesty International’s Annual Report 2021/22, published on 29 March; and what steps they intend to take in response to the findings about human rights issues (1) globally, and (2) in the United Kingdom.

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

My Lords, we recognise the huge contribution that civil society, including Amnesty International, makes in promoting respect for human rights and holding Governments to account for their actions. The UK has a long-standing commitment to the promotion and protection of human rights, both internationally and domestically, and we will continue to show global leadership, encouraging all states to uphold international human rights obligations and hold those who violate human rights to account.

[Baroness Chakrabarti (Lab)]

I am grateful to the Minister for his ever-courteous response. No country is perfect when it comes to human rights. Is there anything at all in Amnesty’s assessment of the UK position that the Government are looking to improve? Is there a particular priority for the Government in their approach to trying to encourage at least their friendlier international partners to do better on their record?

[Lord Ahmad of Wimbledon (Con)]

My Lords, first, I agree with the noble Baroness that the issue and the challenge of human rights is never a job done, whether we are talking globally or domestically. I often say that it is the most challenging part of my portfolio at the FCDO but also the most rewarding. Of course, the United Kingdom Government have prioritised human rights in a range of areas. We will be focusing, for example, on freedom of religion or belief in the conference in July this year. I myself will be leading in the conference on preventing sexual violence in conflict, already brought starkly to all our attention by the conflict in Ukraine. Also, domestically, I think we have a very vibrant civil society space, and I think that needs to be recognised.

On Amnesty International, as the noble Baroness knows, as Human Rights Minister I had a very strong relationship with its previous director, Kate Allen, and we continue to work actively with civil society groups, including my right honourable friend the Foreign Secretary, who has an advisory group on human rights that works directly with her on this important priority.

[Lord Purvis of Tweed (LD)]

My Lords, in this House this week we debated and approved an order which, for the very first time, placed the UAE on a legislative list for high risk of money laundering, fraud and financing of terrorism. The Amnesty report highlighted arbitrary detentions, cruel and inhumane treatment of detainees, suppression of freedom of expression, the undermining of the right to privacy, death sentences and reported executions. I cannot see, in our £10 billion investment partnership with the UAE, any trigger clauses on human rights abuses that could limit market access to the UK. Are there any such clauses in our investment relationships with the UAE that could trigger such a mechanism?

[Lord Ahmad of Wimbledon (Con)]

My Lords, our relationship with UAE is very broad, and the noble Lord focused on the investment and business relationship. That is an important aspect of our bilateral engagement, but as the noble Baroness, Lady Chakrabarti, just pointed out, no country, including our own, is ever going to complete this journey of human rights. However, we have very positive discussions with the UAE; I have held discussions on various aspects of human rights, including issues of freedom of religion or belief within the context of the UAE and broader. Where there are particular concerns I will raise issues directly, candidly and privately with the UAE administration.

[Baroness O'Loan (CB)]

My Lords, can the Minister assure the House that there will be no erosion of the human right to due process, under the rule of law, in prosecutions in the United Kingdom, and particularly that there will continue to be prosecutions for killings in Northern Ireland which occurred during the Troubles where there is evidence to justify prosecution?

--- Later in debate ---

[Lord Ahmad of Wimbledon (Con)]

My Lords, the United Kingdom prides itself on being a country which upholds the rule of law, both internationally and domestically. Wherever crimes have happened, and wherever there is evidence in support of those crimes, the justice system will ensure that victims get access to justice, and one hopes that justice would be served as quickly as possible. I am proud that I represent on the world stage a country that upholds these values. As I have said before, we are not perfect—no country is—but we have proud traditions and a strong justice system, and that is something I am very proud to extend across the globe.

[Lord Collins of Highbury (Lab)]

My Lords, at the annual session of the United Nations Human Rights Council earlier this month, the Minister welcomed the resolution on human rights defenders, who are facing unprecedented restrictions and abuse in every region of the world. The Government’s integrated review set working with human rights defenders and civil society as a priority. Could the Minister tell us what progress has been made on developing a meaningful plan of action to make this commitment a reality? Will the human rights and civil society directorate develop a strategy that addresses these key issues?

[Lord Ahmad of Wimbledon (Con)]

My Lords, the noble Lord is right to raise the issue of a human rights strategy, particularly on human rights defenders. I pay tribute in this context to Amnesty International, which works with us on developing key aspects of the structures and support that we provide to our network to support human rights defenders. In 2019 we launched the document UK Support for Human Rights Defenders, which sets out in detail how we will engage with human rights defenders to promote and protect human rights throughout the world. I know Amnesty has also talked about a specific government strategy on human rights, and that is something I am considering with officials in the team as part of our broad approach, which includes the international development strategy.

[The Lord Bishop of Chelmsford]

My Lords, I am grateful to the Minister for referencing freedom of religion and belief. Amnesty International’s latest annual report sets out the parliament of Iran’s introduction of two articles to the country’s penal code that further undermine the right to freedom of religion and belief. These articles prescribe up to five years’ imprisonment and/or a fine for insulting Iranian ethnicities, divine religions or Islamic denominations, or for engaging in

“deviant educational or proselytising activity that contradicts … Islam.”

On this basis, three Christians were sentenced to lengthy imprisonments, just last July. I declare an interest in that I am originally from Iran. Could the Minister outline what representations are being made to the Iranian authorities on the matter of freedom of religion and belief?

[Lord Ahmad of Wimbledon (Con)]

My Lords, I was present when the right reverend Prelate delivered her maiden speech and reflected on her experiences. She is of great value on the Benches she represents, and on this important issue. Yes, we raise the issue of human rights, and we raise quite candidly and specifically the issues of consular cases which are ongoing in Iran around the broader issue of freedom of religion or belief. I speak as a person of faith: the strongest test of your faith is when you have the ability to stand up and defend the rights and obligations of another belief or faith. That is something we pride ourselves on here in the United Kingdom. Speaking on the broad issue of human rights, it is a proud tradition we carry around the world, and long may it live on.

[Lord Cormack (Con)]

My Lords, I am sure my noble friend would agree that on this subject there is real concern about many areas of the world. May I single out two? One is Hong Kong and the other is India, where the Prime Minister paid a visit last week and where those who worship according to the Muslim, Christian and other faiths are constantly in a degree of difficulty and often treated abominably. Was the Prime Minister able to raise this? What have we been able to do recently in the context of Hong Kong?

[Lord Ahmad of Wimbledon (Con)]

My Lords, first, in Hong Kong, particularly with the introduction of the national security law, the issue is less one of freedom of religion or belief and more one of freedom full stop. The concerns we have in Hong Kong are well documented. We have an extensive support scheme through the BNO scheme, run by the Home Office, and more broadly when it comes to China’s suppression of rights. We see the abuse of freedom of religion most vividly in Xinjiang, and we have led on the Human Rights Council on that aspect. My noble friend also raises India, which is a strong democracy. I am the Minister responsible for our relations with India. As someone of Indian heritage, in part, and as a Muslim by faith, I assure my noble friend that we have very constructive engagement on a broad range of rights. India has a strong constitution and justice system and, within both those processes, the rights of every community, irrespective of faith, are fully protected.

[Lord Alton of Liverpool (CB)]

But my Lords, we are talking about Article 18 violations for 1 million Uighur Muslims in Xinjiang and Article 19 violations in Hong Kong—the denial of media and press freedoms. What can the noble Lord say to us about the position we take in the United Nations Human Rights Council, of which China is also a member? When do we hold it to account on these violations? Which of the 30 articles in the 1948 convention—the Universal Declaration of Human Rights—is China not in breach of?

[Lord Ahmad of Wimbledon (Con)]

My Lords, on the noble Lord’s second question, I would hazard a guess and say that, regrettably and tragically, most if not all may have been breached when it comes to the application of human rights in China. On the earlier point about the situation of the Uighurs, as I have already said, we have led the way on the Human Rights Council. It has not been easy; it has been challenging. However, the fact is that on every vote we have had at the Human Rights Council we have had an increasing number of countries supporting the position that the United Kingdom has led on. There is an egregious abuse of human rights in Xinjiang, for not just the Muslim Uighur community but other minorities as well.

Covid-19: Global Vaccine Inequity

Lord Ahmad of Wimbledon Excerpts

Wednesday 27th April 2022 Lords Chamber

[Lord Londesborough]

To ask Her Majesty’s Government what plans they have to increase the United Kingdom’s role and contributions to address COVID-19 vaccine inequity across the world.

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

My Lords, the United Kingdom is at the forefront of the international response to Covid-19, spending over £2.1 billion since 2020 to address its impacts. We are keeping further support under review. Our funding has enabled COVAX to deliver over 1 billion vaccines to 86 developing countries. With supply no longer a major issue, the United Kingdom is also now focusing on tackling delivery bottlenecks and improving uptake to meet country targets, working closely with the COVAX Covid-19 vaccine delivery partnership.

[Lord Londesborough (CB)]

My Lords, we are now just two months away from the WHO target of vaccinating 70% of the world, yet across Africa just 17% have had their first jab. The pandemic is not over—far from it. Some 700,000 Covid deaths have been recorded across the world in the last three months, and the vast majority of those were unvaccinated people. Can the Minister say when Britain will follow Germany’s example and provide 2022 funding to the global Access to Covid-19 Tools Accelerator, specifically our fair share contribution of £750 million? For wealthy countries, this is surely a small price to pay, not just to help vaccine supply but to support struggling health systems across low-income countries, and indeed to protect us all from the emergence of another variant.

[Lord Ahmad of Wimbledon (Con)]

My Lords, we have worked very much at the heart of the COVAX facility. We were the first country to commit over £0.5 billion to COVAX so that vaccines could reach the most vulnerable. The noble Lord is of course correct that there is more to do, and we fully support the World Health Organization’s target to fully vaccinate 70% of the world’s population. We have committed over £1.6 billion of UK aid to address the impacts of Covid-19, including £129 million to support the global development, manufacture and delivery of Covid-19 vaccines. These include projects such as in Ethiopia, where the UK leads the partner co-ordination group, and in Nigeria, where our health programme is supporting vaccine delivery in five of the poorest states. I agree with the noble Lord that there is much more to do, but we are very focused on reaching the most vulnerable and are working with the World Health Organization in pursuit of that objective.

[Lord Lancaster of Kimbolton (Con)]

My Lords, on 13 December, my noble friend informed your Lordships’ House in answer to a similar Question that 131,000 doses of vaccine had been donated bilaterally to Nepal. That was very gratefully received, but with a population of some 30 million, it barely touched the sides. Can my noble friend say whether there are any further plans to donate bilaterally to Nepal? I declare my interest as on the register.

[Lord Ahmad of Wimbledon (Con)]

My Lords, I pay tribute to my noble friend’s work in Nepal, and I am grateful for his briefings on his work there. We delivered 131,000 AstraZeneca vaccines to Nepal in October and since August, overall through the COVAX facility, we have delivered a further 2.2 million donated vaccines to Nepal. COVAX remains in our view the best way to allocate vaccines, but we are also working directly with the Nepalese Government to ensure that we focus some of our support directly on the medical, social and economic consequences of Covid-19. I hope to visit that country soon, and we will be focused on these priorities bilaterally with the Government of Nepal.

[Lord Browne of Ladyton (Lab)]

My Lords, on 12 May, the White House will co-host the second global Covid-19 summit, a gathering intended to build momentum for vaccine donations, discuss efforts to end the pandemic and prepare for future health threats. Can the Minister confirm that we will participate in that summit meeting, and if so, can he tell the House what our priorities are for the meeting and whether the Government plan to make any announcements of actions there to address the continuing global vaccine inequity challenge?

[Lord Ahmad of Wimbledon (Con)]

My Lords, I can confirm to the noble Lord that we will of course be actively engaged and working with the United States on that very event. In terms of priorities, as I have already said, we are very much focused on the most vulnerable. When we look at the global south there is much work still to be done. Indeed, two weeks ago during our UN presidency of the Security Council, I chaired a meeting of the Security Council specifically on Covid-19 which focused on reaching the most vulnerable, particularly those affected by conflict or humanitarian crises.

[Lord Purvis of Tweed (LD)]

With just 15% of those in the lowest-income countries vaccinated and less than 1% having received a booster, the UK committed 100 million doses to COVAX last summer with the target of delivering 30 million by the end of 2021. I have checked on COVAX this afternoon and we have delivered just 29 million. Of the top 10 donor countries to COVAX we have delivered the lowest amount, so I point out to the Minister that we are not at the forefront but are lower than the top 10. Why is that? Why have we not delivered what we have committed to deliver?

[Lord Ahmad of Wimbledon (Con)]

My Lords, I have great respect for the noble Lord, but on this point, I must disagree. We have led the way, including on the COVAX facility itself. Had it not been for UK investment of more than £0.5 billion, that facility would not have got off the ground. That is fact. Secondly, we have reached over 52 million vaccines. The noble Lord shakes his head, but the fact is that we have donated. We are living up to our pledge; we have focused on the 100 million doses, which we seek to achieve. I know the noble Lord reads a lot of reports, but perhaps we can share our data and exchange notes on this and address this point directly. As I have illustrated, we are working directly—bilaterally—with countries around the world. Yes, there are certain problems, such as with the AstraZeneca vaccine, because of, for example, shelf life. There may be another vaccine which is perceived more valid because it has a longer shelf life. Supply is not the issue: the real issue at the moment is one of logistics, and we are very much focused on that priority as well.

[Lord Collins of Highbury (Lab)]

My Lords, let us turn to that issue. It is absolutely vital. Supply is not the issue, but it is the delivery mechanisms that the Minister addressed in the first place. At a time when we need universal health coverage in Africa—the means to deliver vaccine—this Government are cutting funding to that facility. When will the Government get their priorities right?

[Lord Ahmad of Wimbledon (Con)]

My Lords, this is a serious matter that requires a serious response. The fact is that the Government have got their priorities right. It was entirely appropriate, when it came to vaccine delivery and vaccinations, that we ensured that our own population was prioritised, and we delivered on that. We have led the world on manufacturing. The noble Lord knows that it was our association with India—a country mentioned in the previous Question—that led to the upscaling of manufacturing when it came to the vaccines, when the world needed it most. Yes, logistics is an issue: the noble Lord and I have talked about this. That is why we are currently working in Sierra Leone, Ethiopia, Uganda and Nigeria on that very issue of logistics and structures to ensure—whether it is for this variant or the next or for any vaccine—that the structures set up, particularly in the global south, are robust enough to deal with this continuing pandemic.

[Baroness Greengross (CB)]

My Lords, is stockpiling not one of the issues we should address? It seems to me very immoral that wealthier nations stockpile. Amnesty has pointed this out. If we had a proper human rights framework, it could not happen. Should we not do something to ensure that many of the wealthier nations do not stockpile while others are finding it very difficult to get adequate amounts of vaccines? We need to find solutions as a matter of urgency.

[Lord Ahmad of Wimbledon (Con)]

My Lords, the noble Baroness refers to the earlier stages of the vaccines. As vaccines were being developed, undoubtedly those countries that were first in production and manufacturing held vaccines in reserve, but the whole essence of the accelerator within the COVAX scheme was to ensure that the most vulnerable were provided with supplies of vaccines. As I said in response to the question from the noble Lord, Lord Collins, the issue within countries has been one of logistics. There have, sadly, been examples where the supply has reached a port of a given country, but where the challenge has been the duration of the shelf life of the vaccine and the logistics within country. That is where we are currently focused, particularly when it comes to second doses and booster vaccines in the global south.

[Baroness Ritchie of Downpatrick (Lab)]

My Lords, the BMJ published an article on 22 March that stated that 2.8 billion people in the world remain totally unvaccinated. In view of that, would the Minister take on board the need to reinstate the overseas aid budget to 0.7% of GNI to help address that same inequity?

[Lord Ahmad of Wimbledon (Con)]

My Lords, I hear what the noble Baroness says; as I said, I firmly believe in the 0.7%. However, equitable access to vaccines is not an issue of money. It is one foremost of logistics, which I have pointed to. There have also been issues of vaccine hesitancy in areas such as the Caribbean and Africa. In that regard, we talked in the previous Question about the important role of civil society at the heart of finding solutions. That is exactly what civil society has helped to do in partnership with the British Government and others, to ensure that vaccine hesitancy is addressed. In this case, I pay particular tribute to faith leaders, especially in Africa and the Caribbean, who have helped to address getting over that initial hurdle of taking the vaccine in the first place.

Russia (Sanctions) (EU Exit) (Amendment) (No. 7) Regulations 2022

Lord Ahmad of Wimbledon Excerpts

Tuesday 26th April 2022 Grand Committee

Moved by

[Lord Ahmad of Wimbledon]

That the Grand Committee do consider the Russia (Sanctions) (EU Exit) (Amendment) (No. 7) Regulations 2022.

Relevant documents: Instrument not yet reported by the Joint Committee on Statutory Instruments. 36th Report from the Secondary Legislation Scrutiny Committee

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

My Lords, I will also speak to the Russia (Sanctions) (EU Exit) (Amendment) (No. 8) Regulations 2022. Copies of both sets of regulations were laid before this House on 30 March and 14 April 2022 respectively. They were laid under the powers provided by the Sanctions and Anti-Money Laundering Act 2018, and came into effect under the “made affirmative” procedure. Together with our wider package of measures, these new powers ratchet up the pressure on Mr Putin, degrading his war machine and further isolating Russia. They target three areas, and I will cover each in turn.

The first area relates to technical assistance in relation to shipping and aviation. Put simply, these new tools stop oligarchs accessing their luxury toys and deprive them of the benefits of the UK’s world-leading aviation and maritime industries and engineers. We are targeting not only oligarchs’ businesses but their assets and international lifestyles. This new prohibition complements those already imposed on Russia’s shipping and aviation sectors. We are continuing to ramp up the pressure, working in tandem with our international partners and supported by commercial decisions taken by key industry players.

Secondly, this new legislation extends the financial, trade and shipping sanctions imposed in relation to Crimea, so that they now cover the non-government-controlled territory in Donetsk and Luhansk. These measures prevent British companies and individuals investing in companies operating in non-government-controlled territory or purchasing land in those regions. They also prohibit the export of infrastructure-related goods and services, as well as the import of any goods originating in non-government-controlled territory.

The extension of these measures will constrain Russia’s ability to make these areas economically viable, as the equivalent measures have done in Crimea. These measures will remain in place for as long as needed to ensure that Russia ceases its destabilising activities and withdraws its military from the territory of Ukraine.

The third and final power is that of designation by description. As the Government sharpen their measures against Mr Putin and his regime, this power enables us to designate groups of individuals and entities. The economic crime Act removed some of the constraints on the Government’s power to designate by description, offering the Government maximum flexibility in designating persons, such as members of political bodies, as a group rather than individually. This legislation now ensures that this power is available to the Government to deploy in respect of the Russia sanctions regime. This will help us to target our sanctions against members of defined political bodies such as the Russian Duma and Federation Council. This is the first time that a designation by description power has been included in a UK sanctions regime, and it underlines our commitment to exploring all options.

As my noble friend Lord Sharpe committed to in the previous Grand Committee debate on Russia sanctions legislation, we have also corrected errors made in SIs Nos. 3, 5 and 6. Noble Lords will be aware that, given the context of Russia’s invasion, legislation has had to be drafted at significant pace. We will continue to deliver further legislation at pace, working to minimise further errors.

The second set of regulations that I shall cover are the trade measures set out in the Russia (Sanctions) (EU Exit) (Amendment) (No. 8) Regulations 2022. These measures are designed to constrain the Russian Government by disrupting the oil industry and other advanced industries that are critical to fuelling the Russian economy and Mr Putin’s regime. Through these measures, we have limited access to goods required by the Russian military-industrial complex to maintain and develop its capabilities. In addition, it is vital that we demonstrate to those supporting Russia’s behaviour that the United Kingdom recognises the role that they are playing and will hold them to account. That is why, further to our previous sanctions against oligarchs close to Putin, we have introduced a ban on the export of luxury goods. These regulations, developed in close co-ordination with our allies, will cut off Russian access to strategic supplies critical to key exporting markets, including in the energy sector, while increasing the economic pressure on Mr Putin’s regime.

Russia’s war against Ukraine is a barbaric attack on a sovereign democratic state, a point that we have all emphasised. It is an egregious violation of international law and the UN charter. The United Kingdom and our allies will continue to hold the Russian Government to account, including through sanctions and other economic measures. Those we have already imposed in co-ordination with our partners are having damaging and lasting consequences for Mr Putin’s regime. As I speak, 60% of its foreign currency reserves, worth more than £275 billion, are frozen. Our measures cutting off key revenue streams are also working. Russia is struggling to find buyers for its seaborne oil, which is threatening major export revenues.

This debate also follows our announcement last week of fresh sanctions against Mr Putin’s war leaders. We have imposed sanctions on key leaders in Russia’s army, targeting those commanding the front line to commit these heinous acts. We have also targeted individuals outside Mr Putin’s military who are actively supporting his illegal invasion of Ukraine. These include Oleg Belozyorov, the CEO and chairman of Russian Railways, and Ilya Kiva, the defecting and expelled Ukrainian MP, who has publicly supported Russia’s actions in Ukraine.

We will continue our co-ordinated action against Russia in partnership with our allies, and encourage more and more countries to join us and act together. Working together, we can have the biggest possible impact on Mr Putin and his regime and, one hopes, end this abhorrent war. I beg to move.

[Baroness McIntosh of Pickering (Con)]

My Lords, I take this opportunity to thank my noble friend for introducing the regulations before us this afternoon, which I wholeheartedly support. I have two points of information that I would like to raise with him at this stage. On the first SI, No. 7, is he prepared to go further than the regulations before us this afternoon? I think that he was one of the Ministers I contacted about six months ago when there was a serious cyberattack on a transport firm in North Yorkshire. I was extremely disappointed at the time, although this is not a personal reflection on my noble friend, that I did not seem able to get any support for the company through normal channels such as Ministers like his good self and my noble friend Lord Grimstone.

I entirely endorse the thinking behind the regulations before us today, that we want to degrade the military effort of the Russians. I have no doubt whatever that these successful cyberattacks by a rogue state that is generally understood, in this case, to be Russia, have targeted a number of transport and infrastructure companies. Prior to that, they targeted a number of clothing companies. The one that is, perhaps, most significant, and is in the public domain, is FatFace, which I understand had to pay something like £1 million in ransom. I find it unacceptable that companies should be told that, at the moment, we do not have any means of counteracting these cyberattacks by hostile states such as Russia. I would like to understand where we are with this; if not today, because I have not given my noble friend any advance warning, I would welcome a written undertaking that could be shared by those contributing to the Committee this afternoon.

It is unacceptable that Russia has been able to fund its military aggression in Ukraine, and potentially also against countries such as Finland and Sweden, which are not part NATO, should they wish to apply to NATO. My reading of the situation is that the crime that Ukraine committed in the eyes of Russia and President Putin was in its wish to join the European Union and become a member of NATO. I declare an interest in Scandinavia, being half-Danish. If the Russian aggression goes as far as the Finnish border—which is huge, about 1,000 miles—if they were to be successful in Ukraine, and then had a full-frontal attack on either Finland or Sweden, that would be a very precarious position for the United Kingdom and our partners, and erstwhile previous allies in the European Union. That is in connection with SI No. 7. Can my noble friend update us on where we are in response to cyberattacks and in thwarting any attempt by a hostile state, such as Russia, to raise funds in that regard?

More briefly, on No. 8, I declare an interest in that I drive a diesel vehicle, which are heavily relied on in rural areas. In north Yorkshire and the north of England generally, diesel vehicles are vehicles of choice, particularly in inclement weather. We are not out of the woods yet; we may have a snowfall yet before spring is over. So, in bad weather—and also as a vehicle of choice for farming and off-road—we rely on diesel vehicles. I would like to understand the implications of targeting the fuel industry, to which my noble friend referred. I had no idea how dependent we are on Russia for our resources of diesel oil. I would like to understand what the alternative sources will be, and whether this will contribute to the ever-rising cost of diesel fuel.

I am grateful for the opportunity to raise my concerns, and I do support the regulations before us this afternoon.

--- Later in debate ---

Finally, as we have asked on previous occasions, the Government are supporting the ICC investigation into war crimes, so can the Minister update us a bit more on what support that is delivering and whether he thinks we have explored all possible means to ensure that those who commit these crimes are held fully to account?

[Lord Ahmad of Wimbledon (Con)]

My Lords, I first express my gratitude to all three noble Lords who have spoken—my noble friend Lady McIntosh and the noble Lords, Lord Purvis and Lord Collins, on behalf of the Opposition and the Liberal Democrats—for their strong and solid support of the Government’s approach to sanctions. I must admit, when I was given the responsibility of Sanctions Minister, I did not imagine the number of sanctions we would issue in this respect, but that shows the nature of the crisis. I am grateful for noble Lords’ support for the various steps we have taken.

I will first address some of the specific questions that have arisen. On timing, we are working at pace, as I am sure the noble Lords, Lord Purvis and Lord Collins, who raised this issue, accept. At the same time, I appreciate noble Lords’ support for the amendments and changes we have had to make to the governance structures to allow urgent procedures to be implemented for sanctions. That has certainly helped us move far more quickly and allowed the sanctions to be imposed in the quickest manner possible and, as the noble Lord, Lord Purvis, suggested, in a complementary fashion to those of the partners we are working with, notably the United States and the European Union.

While I will not go into how many sanctions the EU has vis-à-vis the US, ourselves or other partners, I assure both noble Lords that we are working very much in tandem and consolidating with our partners to ensure that we continue to sanction individuals. As an aside, to draw a comparison with a separate issue within the Balkans, we recently sanctioned Minister Dodik, a Serbian member of the tripartite presidency. I assure noble Lords that the teams are working at pace and we are ensuring that we keep a specific eye on the wider impacts of the invasion of Ukraine. I will continue to update noble Lords as far as possible in advance of the measures we are taking, as I have done previously. I am grateful to both noble Lords for their co-operation in this respect. The noble Lord, Lord Purvis, mentioned specific names. While he is quite right that I cannot comment specifically, for obvious reasons, nothing and no individual is off the table in the actions we will take and have already taken quite directly.

My noble friend rightly raised cyberattacks, cybersecurity and the challenges they pose. First and foremost, the minds of Her Majesty’s Government are very much alive to cyber, but not just based on what is happening today in Ukraine. We have been monitoring it very closely, not just enhancing our security and capabilities but ensuring that we are fully prepared to deal with cyberattacks. They have increased, and there are a number of actors who commit them. We have increasingly called them out over the last few years, repeatedly in partnership and association with our key partners.

I ask the noble Baroness to write to me reminding me of the details of the particular case that she raised, and I apologise on behalf of whichever part of government that response should have come from. Equally, I reassure her that we are taking specific actions and measures, defensively and in tandem with our partners, to identify and call out cyberattacks. All I will say at this stage about our cyber capabilities is that I have seen the National Cyber Security Centre and it is very much state of the art. As I say, I will take up my noble friend’s offer and ask her to write to me with further details specific to her question.

My noble friend also talked about the rising cost of diesel fuel, the measures that we have taken and what they mean for the UK economy and for consumers specifically. Any measures that we take have an impact. This does not relate to energy specifically, but there is an exemption for food exports, for example. However, Russia is choosing not to use that provision and export. The narrative that is then built, of course, is that it is the sanctions that are causing the food security issues. This was directly on people’s minds on a recent visit to north Africa, Egypt in particular.

All the sanctions that we are undertaking will have a cost, but we carry out detailed impact assessments before any measure is taken. Has there been a rise in fuel costs at the pumps? Of course there has. It is a global response to the challenge we are facing. However, the UK has been on the front foot in looking at our own energy security and energy supply and how we can adopt more sustainable measures. On the specific sanctions that we have imposed on this occasion, I direct my noble friend to the impact assessment, but if there are any more specific details I will include them in the letter that I will write to her.

The noble Lord, Lord Collins, rightly asked whether the sanctions were having any impact on Russia. The short answer is that they are. Sanctions imposed by the UK and its international partners are having quite damaging consequences for Russia and its ability to wage war. As an example, £275 billion of Russia’s foreign currency reserves—60%—is currently frozen. Russian seaborne oil is struggling to find buyers, which is threatening the stability of its export revenues. Sanctions have also hastened an interesting element: a Russian brain drain. A Russian IT association estimates that 50,000 to 70,000 computer specialists have already left the country, with another 100,000 personnel expected to leave in April despite travel restrictions. Estimates for Russia’s GDP growth in 2022 now range from minus 8.5% to minus 15%. I hope that information helps to answer the noble Lord’s question about whether these sanctions have an impact. Yes they do, and he and I share the same thought: that they are having a particular impact because we are bringing them in conjunction with our key partners and allies.

The other question was whether these sanctions were having an impact on the ground, particularly in Russian minds. It is important to demonstrate to those supporting Russia’s behaviour that the UK recognises the role they are playing, and since the start of the war they have seen how we have increased the pressure not just on those who are directly involved with the Ukrainian invasion but on Russian institutions and Russian individuals. That is clearly understood, and by targeting Mr Putin’s closest allies we are isolating them on the world stage, thereby impacting their ability to influence decision-making.

The noble Lord, Lord Purvis, talked of the visit today of Secretary-General Guterres, whom I have met directly on a couple of occasions specific to this crisis. During my last visit to the UN Security Council two weeks ago I met Rosemary DiCarlo, the Under-Secretary-General for Political Affairs. I emphasised that of course it is important to reach a peaceful negotiation; the impediment was Russia’s lack of direct engagement with the Secretary-General. We saw that again in the press conference, with Mr Lavrov attempting to change the narrative, but from what I saw today the Secretary-General sought to correct that narrative quite directly at the press conference. It is also important to see that engagement that would take place with President Zelensky in Kyiv. I have also been directly stressing the point that we are a P5 member, as is France, and it is important that the Secretary-General ensures that appropriate briefings are arranged with partners, including the US as another P5 member, and Brussels itself with our EU partners. I will update noble Lords in that respect.

The noble Lord, Lord Collins, raised the issue of the support that we are extending to the International Criminal Court. We have already allocated £1 million directly to the prosecutor, and we have extended support through technology and people; we have appointed Sir Howard Morrison directly to support the prosecutor in Ukraine. I was in Germany recently; our German friends have also now allocated €1 million to the prosecutor’s office, and we are working closely with the ICC to establish exactly what the requirements are. As this support increases, I will continue to update noble Lords.

There is an important lesson here as well. The Ukrainian crisis has shown how we have come together. The ability to stand up this investigation very early on has resulted in support directly for the prosecutor’s role rather than after the event. During a live crisis we are already into the area of collecting evidence and ensuring that it can be sustained and presented to The Hague and to the prosecutor’s office at the earliest time.

I will share another element with noble Lords. We are working closely with key neighbouring partners; for example, I visited Poland recently, as did colleagues including the Foreign Secretary. We are co-ordinating very much the same approach in a structured form of working together to provide any information we can to the prosecutor’s role.

The noble Lord, Lord Collins, raised the issue of humanitarian support. We have allocated £220 million and have already distributed well over half of that directly to agencies on the ground. He talked of early April. I am in the midst of completing and signing off on an updated WMS which I and the Foreign Secretary are finalising, and we hope to share the detail of that very soon. However, we are working hand in glove with the Ukrainian Government. Noble Lords will know that they have appointed a particular humanitarian co-ordinator, and the humanitarian envoy Nick Dyer recently met the Ukrainian lead and co-ordinator during his visit to Lviv in Ukraine.

On genocide, an issue mentioned by the noble Lord, Lord Purvis, we need to take encouragement. The Government’s position does not change—that it is for a court to make that adjudication. However, the fact that the prosecutor has engaged early sets the tone for what may or may not emerge from that.

The noble Lord, Lord Collins, rightly talked about the absolutely abhorrent nature of rape and sexual violence being used as a weapon of war and asked specifically about some of the measures we have taken. I can share a very live issue with noble Lords. After the event that I chaired at the UN Security Council, where we were honoured to have the absolutely courageous and exemplary Nadia Murad give evidence to us as a briefer, we launched the Murad code, which allows for a structured way of collecting evidence of sexual violence, rape and other such crimes to ensure that it meets the threshold for a successful prosecution. Too often, tragically, victims of sexual violence have to give repeated testimonies, which itself dilutes their ability to reach a successful prosecution. We have not only launched the Murad code; over the last two weeks we have specifically developed and yesterday completed its Ukrainian translation, and we are working with other authorities to see how quickly we can make that available to every person crossing the border. For example, we used a QR code to talk through the detail of some of our schemes, and I have directed officials to look at whether we can use that same QR code to share information on the Murad code directly, particularly with women crossing the border from Ukraine.

--- Later in debate ---

[Lord Collins of Highbury (Lab)]

Overseas territories?

[Lord Ahmad of Wimbledon (Con)]

Sorry. Yes, we are working very closely with overseas territories. All the measures are applied quite directly through orders in council, apart from in two overseas territories that legislate directly for themselves. I believe that is Gibraltar and Bermuda, but they are working very closely to the same effect. Our teams and our overseas territories team are working very closely with the OTs on specific applications. Again, if I may, specifically on the application of these sanctions and the result or reports received from the OTs, I will share that with the noble Lord in writing.

I trust I have answered all the questions asked. I will of course write where appropriate. I thank noble Lords once again for their specific questions and, most importantly, for the strong support that we continue to see on the important issue of Russian sanctions. I commend these regulations to the Committee.

Motion agreed.

Russia (Sanctions) (EU Exit) (Amendment) (No. 8) Regulations 2022

Lord Ahmad of Wimbledon Excerpts

Tuesday 26th April 2022 Grand Committee

Moved by

[Lord Ahmad of Wimbledon]

That the Grand Committee do consider the Russia (Sanctions) (EU Exit) (Amendment) (No. 8) Regulations 2022.

Relevant documents: Instrument not yet reported by the Joint Committee on Statutory Instruments

Motion agreed.

Malaria

Lord Ahmad of Wimbledon Excerpts

Monday 25th April 2022 Lords Chamber

[Baroness Sugg (Con)]

My Lords, I beg leave to ask the Question standing in my name on the Order Paper and, in doing so, declare my interest as chair of the charity Malaria No More UK.

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

My Lords, first, I acknowledge and congratulate my noble friend on assuming the role of chair of Malaria No More UK, a charity we worked very closely with in the run-up to CHOGM in 2018. Turning to the specifics of the Question, the World Health Organization’s 2021 World Malaria Report notes that the Covid-19 pandemic contributed to an estimated 6% increase in malaria cases and a 12% increase in malaria deaths in 2020. The UK remains a very strong supporter of the Global Fund to Fight AIDS, Tuberculosis and Malaria, providing £4.1 billion to date. We also invest in research to help people to access new malaria treatments and diagnostics and support countries to strengthen their health systems.

[Baroness Sugg (Con)]

My Lords, today is World Malaria Day. It is possible to end malaria within this generation, but we need continued UK leadership to do so, so I thank my noble friend the Minister for that Answer. My noble friend mentioned the Global Fund; does he agree that it is one of the most effective and best value for money investments we can make with UK aid? This year will see the Global Fund replenishment. Can my noble friend give me any reassurance that the UK will make an ambitious pledge, as the United States has just done, to help get progress back on track?

[Lord Ahmad of Wimbledon (Con)]

My Lords, as I have said, the United Kingdom has invested £4.1 billion in the Global Fund to date and during the last replenishment. My noble friend is correct: the Global Fund’s investment case for the seventh replenishment has been presented to the Government. We are looking at this and reviewing our support in line with our published approaches to health systems and our commitment to strengthen work to end preventable deaths. We will announce our commitment in the near future.

[Lord Collins of Highbury (Lab)]

My Lords, may I put the question in another way? In the last replenishment of the Global Fund, we were the third biggest contributor. We have been its founder and strongest supporter, and what we need now is an early and strong pledge to show leadership. Will the Minister confirm that “global Britain”—as the Government put it—will keep its leadership position in support of the Global Fund?

[Lord Ahmad of Wimbledon (Con)]

My Lords, the noble Lord mentioned our commitment and our support and leadership. Whether we are second or third, depending on which criteria are used, we remain very much committed to the Global Fund. As I said, I cannot pre-empt the announcement that we will make about the current replenishment because that decision is being finalised, but I can reassure the noble Lord and your Lordships’ House that we remain very much committed to fighting malaria and to the Global Fund.

[Lord Purvis of Tweed (LD)]

My Lords, I was in Washington last week, and I met the US representative and board member of the Global Fund. She stressed to me very clearly that the Biden Administration’s earmark of $6 billion is part of the American approach of matching up to 30% as a percentage cap of the remainder of the contributions. So, if the UK cuts its support for the Global Fund, that will automatically cut American support, which would be devastating and a tragedy. The Americans have earmarked the funds—why can the British Government not state that they will not cut support for this crucial fund? It is over a number of years and the Government say they want to return to 0.7%, so why do they not make that announcement now?

[Lord Ahmad of Wimbledon (Con)]

My Lords, I appreciate that the noble Lord is tempting me to make a specific commitment, but as I said already, I cannot give a commitment in terms of the actual amount. I can again reassure the noble Lord that we are committed to the fund. I agree, as my noble friend has illustrated and the noble Lord knows well himself, on the real impact the Global Fund has had in tackling malaria. Regrettably and tragically, the Covid-19 pandemic has seen a rise in cases—though not to pre-pandemic levels. Frankly, there has been a real challenge, particularly looking at young children and pregnant mothers, with the rise of cases of malaria, and these are preventable deaths. That is why we remain committed to fighting malaria.

[Baroness Hayman (CB)]

My Lords, I draw attention to my interests in the register. The Minister is quite right to point out what has gone backwards during Covid in terms of malaria, but today there have been extremely promising results from the Jenner Institute in terms of the new R21 vaccine. Does the Minister agree with me that our investment in science is equally important and bore huge results in terms of Covid? Will the investment case for the Global Fund look at the possibilities of reversing that decline in progress through the new vaccine?

[Lord Ahmad of Wimbledon (Con)]

My Lords, again, I pay tribute to the noble Baroness’s work on this issue, but I share her commitment on the importance of the vaccine. She will be aware of recent trials that have taken place, including the World Health Organization’s approval of specific vaccines in key pilot countries. We are looking at that very closely. She is also right to point out the R21 vaccine being developed by the Jenner Institute in Oxford. As part of our focus on vaccines, I am also pleased that it now has an association with the Serum Institute to look at upscaling manufacturing of that vaccine once it has been tested. We are looking at working very closely with both those institutes.

[Baroness Ritchie of Downpatrick (Lab)]

My Lords, malaria deaths have risen year on year to the highest level in nearly a decade: 627,000 lives were lost to malaria in 2020. Could the Minister ensure that funding to the overseas aid budget is restored to 0.7% of GNI and that there is a successful seventh replenishment of the Global Fund? Could he indicate today when that announcement about the seventh replenishment will be made?

[Lord Ahmad of Wimbledon (Con)]

The noble Baroness is right to make the point about the increases in deaths from malaria. We did see a real reduction from the estimated 896,000 to around 560,000 in 2015, but we have seen a rise in cases under Covid, so I accept that point. As I said earlier, I cannot give a commitment on the amount, but it will be during the course of this year, as we look to the deadline of the seventh replenishment, to ensure we make a sizeable contribution that reflects our continuing commitment to fighting malaria around the world.

[Lord Lexden (Con)]

My Lords, is it not imperative that, at this year’s summit, Commonwealth countries renew the commitment that they gave in 2018 to reduce malaria by half?

[Lord Ahmad of Wimbledon (Con)]

My Lords, as the Minister of State for the Commonwealth, I am working closely with our colleagues in Rwanda. Certainly, the United Kingdom was and is the biggest Commonwealth donor in fighting malaria, and we will be working closely with Rwanda to ensure this remains on the agenda for CHOGM in June.

[Lord Turnberg (Lab)]

My Lords, I am sure the noble Lord saw the encouraging report by Adrian Hill in the Times today about the vaccine trials. One of the things he said was that if the vaccine trial is successful, as it seems to be, it will cost a mere $3 per person to vaccinate the African population. That would require $600 million per year. Is the Minister aware of the cost of this scheme? Are the Government going to come forward with a response?

[Lord Ahmad of Wimbledon (Con)]

My Lords, the noble Lord is of course right to point out the impact of malaria, particularly on Africa. Indeed, when you look at the statistics, they are very stark: 95% of cases and 96% of deaths from malaria are on the African continent. I have not read the specific article, but I am aware of the support and the issue of having effective costs. I think the real progress will be made through the World Health Organization and ensuring that vaccines are made available to all those who need them at a cost which is acceptable, reasonable and sensible for those who require them.

[Baroness Sheehan (LD)]

My Lords, in October 2021, the WHO recommended the first malaria vaccine for children living in areas of high to moderate risk of malaria. The demand for the RTS,S malaria vaccine is estimated to be far greater than supply over the next few years. What is the FCDO doing to speed up equitable access to the vaccine?

[Lord Ahmad of Wimbledon (Con)]

The specific vaccine that the noble Baroness refers to, the RTS,S malaria vaccine, is one of those which has just gone through the World Health Organization’s approval process. This was based on trials in three countries, I believe: Ghana, Kenya and Malawi. Some 800,000 children received that vaccine. The conclusions of that—this is why it is important to continue research on the vaccines, which we are certainly committed to—is that the vaccine supply is limited and there are costs, as was pointed out just now by the noble Lord, to ensuring equitable access. The noble Baroness is right to point this out and, as I said earlier, we will work with the World Health Organization on equitable and fair access to the vaccines once they are scaled up. We should be encouraged that the Covid experience, through partnerships such as those with the Serum Institute, lends itself to a proper scaling up of the vaccines once those initial trials have been proven.