Hong Kong: Sentencing of Pro-democracy Activists

Lord Ahmad of Wimbledon Excerpts

Tuesday 8th December 2020 Lords Chamber

[Lord Collins of Highbury (Lab)]

My Lords, I welcome this Answer. It is important that we send a united message opposing attempts to erode the rights and freedoms of the people of Hong Kong. Yesterday, my honourable friend Lisa Nandy asked Nigel Adams about the development of a co-ordinated response involving our Five Eyes partners, including the new US Administration. Can the noble Lord say more than simply,

“the Foreign Secretary will … be having conversations with his counterpart”?—[Official Report, Commons, 7/12/20; col. 591.]

Have there been any direct discussions with the Biden transition team about the human rights situation in Hong Kong? My honourable friend Chris Bryant yesterday expressed his frustration at Ministers continuing to say that they could not speculate about future sanctions designations. I am sure that the noble Lord will follow the same mantra. If he cannot say who, will he at least commit to when? It is important that we act quickly.

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

My Lords, I thank the noble Lord, Lord Collins, for his remarks about a united response. I thank both him and the noble Baroness, Lady Northover, for their continuing engagement—not just within the Chamber, but more widely—on this important issue of human rights and on our relationship with China and the situation there.

The noble Lord asked about the important area of our ongoing relationship with the US. As he will be aware, we came together with key partners, including the US, Australia and New Zealand, over the situation in Hong Kong. We valued their support. We are going through a transition period with the US. My honourable friend in the other place was correct; my right honourable friend the Foreign Secretary has engaged on this agenda with the incoming US Administration. I also assure the noble Lord that we are continuing with the operational elements of our approach. I have had some meaningful exchanges with the State Department, and we are working closely with our US partners even during this transition period.

The noble Lord again pressed me about the human rights sanctions regime. We are looking at situations across the globe. The intent behind this regime is to look not at a country as a whole but at specific individuals and organisations. I am sure we shall continue to keep those aspects in mind, whatever sanctions are brought forward in future. He asked about the timeline. Patience is a virtue, and I hope that his virtue will not be tested for too long.

[Baroness Northover (LD)]

My Lords, I also welcome the Statement. We all share the Government’s concerns. Joshua Wong has been imprisoned for more than a year. As my honourable friend Wendy Chamberlain flagged up yesterday, under the Government’s current Immigration Rules, that would mean that he was barred from claiming asylum. Will the Government commit to following the Canadian Government and ensure that those charges are not a barrier to vulnerable activists being able to claim asylum in the United Kingdom? The Minister in the Commons responded sympathetically to my honourable friend, but he did not have an answer. I am sure that the noble Lord has looked at Hansard to see what happened in the Commons yesterday. I hope he has a better answer. If he does not, perhaps he can write to us.

Eight students have been arrested for protesting peacefully on university campuses. This reinforces how young people are particularly vulnerable to arrest under the national security law. Therefore, will the Government amend its BNO visa scheme to allow those born after 1997 to apply?

[Lord Ahmad of Wimbledon (Con)]

My Lords, we have already clarified our position on the BNO status of those born after a given date but who have a direct relationship with someone with that status. They will be considered when the scheme becomes operational. As the noble Baroness knows, that will be from 31 January 2021. As she will appreciate, the three activists—Joshua Wong, Agnes Chow and Ivan Lam—have not been charged under the new national security law. They accepted the charges levelled against them. Inasmuch as I can at this juncture, I assure her that we look at any asylum application to the United Kingdom on the merits of the particular case. If I can provide her with further details, I will write to her, as she suggested.

[Viscount Waverley (CB) [V]]

My Lords, the Minister referred to the broader relationship with China. The Government were defeated twice in the House of Lords last night over trade deals with China. They have a piecemeal, open-handed approach to their relationship with a country that views democracies and free media as potential threats to its regime, and that is a master at leveraging economic statecraft to strategic effect. Will the Government therefore recognise that a new basis for managing this relationship should not include mutually hawkish policies, but rather be built on consistency, reciprocity and fairness, embracing relationship- building with a whole-government approach that is accepted as a necessity, not a luxury?

[Lord Ahmad of Wimbledon (Con)]

My Lords, it is important to look at our relationship with China from a strategic perspective. As I have said before from the Dispatch Box, the UK wants a mature, positive relationship with China. China is an important member of the international community and a P5 member of the UN Security Council. Its size, rising economic power and influence also make it an important partner in tackling some of the biggest global challenges. As we have already seen on Covid-19, there is an immense scope for co-operation. As we look forward to 2021, the recent announcements that have been made by the Chinese Government provide enormous scope for positive, constructive engagement and wide-ranging opportunities, from trade to co-operation on tackling climate change. China of course is important as we strive to achieve the goals and ambitions that we have set out for COP 26.

In that strategic relationship, it is absolutely right that we protect our own vital interests, including support and our sensitive infrastructure. Equally, we will not accept investment that compromises our national security. And, as we have repeatedly said, in international fora such as the UN Third Committee or the Human Rights Council, where we have direct concerns—whether on Xinjiang in China, or Hong Kong, as we are discussing today—we will raise them. We will raise them bilaterally, in multilateral fora and in partnership with key countries and other member states, because it is important that we speak up against the suppression of human rights, wherever it occurs.

Colombia

Lord Ahmad of Wimbledon Excerpts

Monday 7th December 2020 Lords Chamber

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

My Lords, I welcome the noble Baroness and look to working with her on this important agenda. Colombia is an FCDO human rights priority country and we raise human rights with the Colombian Government’s representatives whenever possible. Indeed, I discussed the issue at length with Ministers, relevant institutions and civil society during my virtual visit to Colombia on 13 October. We are also proud to lead on Colombia’s peace process at the UN Security Council and have contributed £60 million in support of peace, stability and security since 2015.

[Baroness Blower (Lab) [V]]

I thank the Minister very much for his Answer, and refer to my interest as recorded in the register. The peace process is clearly vital. A recent newspaper report in Colombia, revealing details of an undercover operation by the Colombian Attorney-General’s office, apparently designed to entrap FARC peace negotiators and undermine the peace process, is alarming. The Attorney-General’s office, led by Néstor Humberto Martinez, reportedly provided five kilos of cocaine for the operation, but this and other relevant information was withheld from the courts. Was the British Ambassador—or other British authorities—made aware of those details at the time of the arrest of the FARC peace negotiator in 2018? What is the Government’s assessment of these revelations?

[Lord Ahmad of Wimbledon (Con)]

As the noble Baroness will appreciate, I am not going to comment specifically on press reports. In terms of the specifics of the case, she raises important challenges that Colombia continues to face. The issue of narcotics and drugs is a major one. Colombia remains one of the largest producers of cocaine in the world—among others. The violence that we currently see affects local communities and former FARC combatants, led by the issues we have seen around drugs. We remain committed to peace accords, which the current President and his team have assured us of. On the specific matter of the case the noble Baroness raises, if there is more information to share, I will write to her.

[Baroness Anelay of St Johns (Con)]

My Lords, I was privileged to meet brave journalists when I visited Colombia—people such as Jineth Bedoya. Can my noble friend say what support the Government now give to the Colombian Foundation for Press Freedom and how effective they assess that to be in the face of the continuous threats of rape, kidnap and death that journalists face?

[Lord Ahmad of Wimbledon]

My Lords, I first pay tribute to my noble friend for her leadership, during her tenure as Minister of State at what was the FCO, on a broad range of human rights and for standing up for human rights defenders. Indeed, in my virtual visit, my first meeting was with journalists, to ascertain and understand more effectively the challenges they have. We are aware of allegations that members of the Colombian military have been illegally gathering surveillance on activists, including journalists and opposition politicians. We have raised this directly with the Colombian authorities. We are lending technical support and will be raising the issue of journalist freedom and press freedom across the piece in our leadership role on the coalition for media freedom.

[Baroness Coussins (CB)]

My Lords, the UK has spoken up in the Security Council about the special jurisdiction for peace, but can the Minister say what public support has been given by the UK embassy in Bogotá to this war crimes tribunal, in light of attempts by President Duque to undermine its work?

[Lord Ahmad of Wimbledon]

I pay tribute to the noble Baroness’s work in this area. The United Kingdom has provided, and continues to provide, support to help Colombia tackle, in particular, the legacy of sexual violence from its long conflict. The UK continues to support survivors and has now helped document 1,200 new cases that are now before the transitional justice system. Let me assure the noble Baroness, that in my visit to Colombia I made it absolutely clear that, while this is an independent judicial body, it should not be interfered with. We continue to stand up for the rights of all survivors of sexual violence during the period of conflict.

[Lord Monks (Lab) [V]]

My Lords, I declare an interest as vice-president of Justice for Colombia. The transitional justice court, which was created in Colombia by the peace agreement, has been hailed by the International Criminal Court as a benchmark for the world. Is our Government aware that the Colombian Government are undermining the court’s mandate? Of course, this is in a country where there is still widespread violence. Does the Minister agree that ending the court’s ability to function fairly rather contradicts HMG’s funding to support the peace process? What steps can the UK take to protect the court’s autonomy?

[Lord Ahmad of Wimbledon (Con)]

My Lords, I assure the noble Lord that during my visit, and indeed in all engagements through our ambassador, we raise the importance of the very matters that he refers to. In terms of our commitment to the peace process, I think the UK can be proud of the fact that it has contributed to the importance of an inclusive peace process, and we will continue to do so.

[Baroness Northover (LD) [V]]

Global Witness has found that Colombia is the world’s most dangerous country for environmental activists, with more 60 murders in 2019. How are we engaging to help protect these activists, and combating climate change in Colombia generally?

[Lord Ahmad of Wimbledon (Con)]

My Lords, as I said in my opening Answer, Colombia remains a human rights priority country. I agree with the noble Baroness that the statistics are quite shocking. In the latest figures the UN has released, at least 45 human rights defenders have been killed this year alone. That said, we are working very closely with Colombia on the importance of protecting the environment and tackling climate change. Our climate programme in Colombia is designed with a conflict-sensitive approach. Much of its aims are to protect Colombia’s biodiversity, but also to protect those who are leading important roles within country.

[Lord Collins of Highbury (Lab)]

My Lords, Colombia’s supreme court has declared that state security forces systematically violate citizens’ democratic right to peaceful protest, and the Colombian army has this year been implicated in killings in rural areas. Given that the UK is providing funding to train Colombian police, are steps being taken to ensure that human rights concerns about the Colombian security forces are properly addressed?

[Lord Ahmad of Wimbledon (Con)]

My short answer to the noble Lord is that yes, they are, but the concerns he has raised are real and he is quite right to bring them to the Floor of the House. I can assure him that in all the exchanges we have, including our support, be that financial or technical, the issue of human rights obligations among those who are trained and are there to protect people is very much at the forefront of our discussions.

[Baroness Hooper (Con) [V]]

My Lords, in aiming to help to strengthen and reinforce democratic principles and the rule of law in Colombia, can my noble friend say whether the British Council is playing a significant role? Is that part of the Government’s assessment process which he has already outlined?

[Lord Ahmad of Wimbledon (Con)]

My Lords, we have an extensive programme, but on the specific and ongoing engagement of the British Council, I will write to my noble friend.

[Viscount Waverley (CB) [V]]

My Lords, keeping Colombia at centre stage and supported is much needed after long agony. The Minister has referred to the question of drugs. Could the Government assist by helping to provide essential access to markets for Colombian farmers as a substitution for the growing of coca and, if so, how might this be achieved? This would be in addition to encouraging that all FARC combatants stay engaged with the peace process and that the ELN comes to the table, along with supporting measures to ensure that human rights are respected, with the possible deployment of UK police, with their professionalism, to offer training and support to the Colombian authorities.

[Lord Ahmad of Wimbledon (Con)]

My Lords, the noble Viscount has made some very practical suggestions that I will certainly take forward. On the general point of how we can shift those who are reliant on the drugs trade within Colombia to alternative means, that is again a very practical suggestion and I can assure him that through our work on the ground, in particular through the embassy, we are working on identifying appropriate measures that can be taken to ensure that we can act responsibly and move people away from narcotics and other drugs.

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

My Lords, as the Minister said earlier, we have an important role as a member of the UN Security Council. Will he go back to the council and ask for a new initiative via the United Nations to approach President Duque Márquez to persuade him to get the peace process moving again? If we could do that, as a result of this important Question, the United Kingdom would be making a very significant move in the right direction.

--- Later in debate ---

[Lord Ahmad of Wimbledon (Con)]

I shall certainly be happy to take that back to the UN Security Council.

[Lord Alderdice (LD) [V]]

My Lords, do Her Majesty’s Government accept the description of the head of the UN Mission in Colombia, Carlos Ruiz Massieu, of an

“epidemic of violence against social leaders, human rights defenders and former combatants”?

If so, what are they doing to address the situation, especially as regards the Colombian security forces?

[Lord Ahmad of Wimbledon (Con)]

My Lords, I have already spoken to this issue and I agree with the noble Lord that the situation for human rights defenders is dire. We remain deeply concerned about the continuing presence of illegal armed groups in Colombia and their violence and intimidation, particularly towards local people, let alone human rights defenders. However, as I have already said, I can assure the noble Lord that all our support is inclusive, particularly as we continue to press the existing Government and the president for a renewal and real vigour behind the peace talks. In all their actions, the important work of human rights groups and human rights defenders, and more generally the citizens of Colombia, should be totally and fully protected.

[The Deputy Speaker (Lord Brougham and Vaux) (Con)]

My Lords, the time allowed for this Question has elapsed. We come to the fourth Oral Question in the name of the noble Lord, Lord Bird.

Conflict Minerals (Compliance) (Northern Ireland) (EU Exit) Regulations 2020

Lord Ahmad of Wimbledon Excerpts

Monday 7th December 2020 Lords Chamber

Moved by

[Lord Parkinson of Whitley Bay]

That the draft Regulations laid before the House on 15 October be approved.

Relevant document: 31st Report from the Joint Committee on Statutory Instruments (special attention drawn to the instrument). Considered in Grand Committee on 2 December.

Motion agreed.

Ethiopia: Northern Tigray Region

Lord Ahmad of Wimbledon Excerpts

Wednesday 2nd December 2020 Lords Chamber

[Lord Alton of Liverpool (CB)]

My Lords, I beg leave to ask the Question standing in my name on the Order Paper. In doing so, I declare my interest as the vice-chairman of the All-Party Parliamentary Group on Eritrea.

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

My Lords, an initial Tigray humanitarian preparedness plan has been prepared by the United Nations. A comprehensive assessment of the humanitarian needs across Tigray has not yet been possible. We are encouraged that an assessment mission co-ordinated by the UN is scheduled to commence later this week, and this follows efforts by the UK and others to press for implementation of the assessment. We have also contributed to the UN guiding principles presented to the Government of Ethiopia on humanitarian access, with a view to the delivery of assistance for civilians.

[Lord Alton of Liverpool (CB)]

My Lords, I thank the Minister for that reply. Can I press him further on the issue of the humanitarian corridor? Will this conform to United Nations principles of neutrality, and will access be granted to our diplomats to visit Tigray? Secondly, how do we intend to hold to account those who have been responsible for the torture of refugees, the forced reform of refugees and some pretty barbaric acts which have been carried out against some of those who have escaped from Tigray?

[Lord Ahmad of Wimbledon (Con)]

My Lords, on the noble Lord’s second point, of course the situation at the moment does not allow for a full assessment. But let me assure him of this: we will certainly continue to press that any perpetrators of such acts are brought to justice. On his point about humanitarian corridors, we are liaising closely with the UN humanitarian organisations to establish what, if any, additional support is needed to press for diplomatic channels in particular—which we have been doing—to allow for the principles that he has articulated. It is integral to the principles laid down by OCHA, which the UK supported the development of.

[Lord Hain (Lab) [V]]

My Lords, does the Minister agree that there is a real prospect of the Ethiopian conflict getting right out of control, especially given the Horn of Africa’s strategic importance, with Gulf countries, China, the US and others jockeying for influence, or even becoming a Libyan nightmare of war crimes, war lords and ethnic cleansing? Can the Government redouble efforts to broker negotiations through the United Nations, the African Union and the EU?

[Lord Ahmad of Wimbledon (Con)]

My Lords, first let me assure the noble Lord that I share his concern, when we see the challenges faced in neighbouring countries, about the importance of containing this and seeking a peaceful settlement. On the channels he has mentioned, my right honourable friend the Foreign Secretary discussed co-ordination with our EU partners on 23 November, and we are in discussions with key African partners, including Uganda, Somalia, Kenya and, importantly, South Africa. At the UN, we also participated in the Security Council debate on 24 November.

[Baroness Northover (LD)]

My Lords, given the risk to stability in the region, does the Minister agree with former US ambassador Carson when he said yesterday that the battle cannot be won militarily, and that it is vital that neighbours do not become embroiled through the use of their bases or airspace? Could he spell out which EU countries the United Kingdom is working with to secure these aims via the UN?

[Lord Ahmad of Wimbledon (Con)]

On the noble Baroness’s two questions, I can say yes and yes. We are working specifically with the likes of Germany and France in this respect, which also have important equities in that area.

[Lord Lancaster of Kimbolton (Con)]

My Lords, all too often, women and children are the greatest victims of conflict. The UK is leading the way in the implementation of UN Resolution 1325, which recognises the importance of women’s involvement in peacekeeping. I visited and saw first-hand the UK contribution to the Peace Support Training Centre in Addis but, in light of recent events, is now the time to increase our commitment to that centre?

[Lord Ahmad of Wimbledon (Con)]

My noble friend speaks with some insight and, of course, great expertise. I share his view that one of the real successes has been the women, peace and security programme run by the Ministry of Defence and the FCDO. On his specific question on whether we increase capacity, obviously the situation at the moment is very fluid on the ground, but he makes a very important suggestion, which I will certainly take back and update him on accordingly.

[Baroness Cox (CB) [V]]

My Lords, what assessment have Her Majesty’s Government made of the Ethiopian premier’s assertion in Parliament on 30 November that his forces “have not killed a single civilian” during the conflict in the Tigray region? That followed a statement by the International Committee of the Red Cross on 29 November that Ayder Referral Hospital in the Tigrayan capital was “running dangerously low” on stocks and body bags due to an influx of wounded people, and that 80% of them had suffered unspecified trauma injuries. What can be done to help the supply of medical equipment much needed for that hospital?

[Lord Ahmad of Wimbledon (Con)]

My Lords, I assure the noble Baroness that I have been speaking directly to UN agencies, as have other colleagues within the FCDO. I share the important point she raised right at the end of her question, and we are pressing for unfettered humanitarian access. The number of fatalities is unclear, but there is clearly also a high level of internally displaced people. I assure her that we are using all good offices and lobbying directly with the country, as my right honourable friend the Foreign Secretary has done, to ensure unfettered humanitarian access to the region.

[Lord Collins of Highbury (Lab)]

Picking up the last point the Minister mentioned, on the number of internally displaced people, has there been an assessment of how many there are? Have conversations taken place with the Governments of Sudan and Eritrea over the support that could be given to refugees at the border as well?

[Lord Ahmad of Wimbledon (Con)]

My Lords, on the noble Lord’s second point, the short answer is yes. We have raised it on a bilateral basis, as have international agencies. One figure I can share with him is that we now estimate that more than 45,449 people have fled Ethiopia for neighbouring Sudan—that is the latest figure I have. That is an example of the figures we have been able to make an assessment on.

[Baroness Barker (LD)]

My Lords, given that this is, in essence, a political and economic conflict, and given also that the Chinese Government are the biggest economic investor in Ethiopia, are Her Majesty’s Government working with the Chinese Government to see what influence they can bring to bear to calm matters and to bring about a potential negotiation between Ethiopia and Eritrea?

[Lord Ahmad of Wimbledon (Con)]

The noble Baroness makes an important point. We too are one of the leading international donors to the country, and I assure her that we are using, in particular, our discussions at the UN in pursuit of that aim.

[The Lord Bishop of St Albans [V]]

Prior to the conflict, Tigray was a safe haven for Eritrean refugees afraid to return home because of fear of persecution. With Eritrea’s rumoured involvement in the conflict against the TPLF, what assessment have Her Majesty’s Government made of the validity of claims that the Eritrean military are forcing refugees into trucks and abducting them back to Eritrea?

--- Later in debate ---

[Lord Ahmad of Wimbledon (Con)]

The right reverend Prelate is right to raise those concerns. This too is part of the conversations that my right honourable friend the Foreign Secretary has had with the Eritrean Government. They, of course, refute any such programmes or policy, but we continue to raise our concerns directly with them.

[Lord Robathan (Con)]

My Lords, I first visited Ethiopia with the Commons International Development Committee. We had a long meeting with Meles Zenawi, who was very impressive, and was often described as Tony Blair’s favourite African dictator. He, of course, has been gone for many years. However, when I visited last year, although there was greater prosperity there was still grinding poverty. Can my noble friend assure me that henceforth, when we pour in billions and billions of pounds in aid, as we have done in Ethiopia, for humanitarian reasons and for education and health, we will also look at what is happening to the defence budgets of such countries? I am afraid that what has been happening is fungibility. We have been giving aid for education and health—they have been spending money on arms.

[Lord Ahmad of Wimbledon (Con)]

My noble friend raises an important point about transparency in development spending. That is why the new structure at the FCDO will pursue that very point, ensuring that development support is intended for those who are suffering, and gets directly to them.

[Lord Harries of Pentregarth (CB) [V]]

In answer to the question asked by the noble Baroness, Lady Northover, the Minister said that the Government were in touch with France and Germany. Are the Government in touch with any power in the region itself that might be an influence for good, and what response have they had from the African Union about the role that it might play?

[Lord Ahmad of Wimbledon (Con)]

Let me assure the noble and right reverend Lord that yes, we are in touch with some of the countries I have already listed, such as Kenya, Uganda, Somalia and South Africa. We are dealing with those countries in the region at the most senior levels of government.

[Baroness Goudie (Lab) [V]]

My Lords, may I ask the Minister about local women being asked to be at the peace table, on both sides, from now on? It is only with local women at the peace table that we will get real peace.

[Lord Ahmad of Wimbledon (Con)]

I totally agree with the noble Baroness. The United Kingdom has been at the forefront of involving women peace mediators. Indeed, we have launched several initiatives, and I agree that when women are involved in bringing about peace and sustaining it, peace agreements last much longer. The evidence is there for all to see.

[The Lord Speaker (Lord Fowler)]

My Lords, all supplementary questions have been asked, and that brings Question Time to an end.

Official Development Assistance

Lord Ahmad of Wimbledon Excerpts

Wednesday 2nd December 2020 Lords Chamber

[Baroness Sheehan (LD) [V]]

My Lords, I thank the Minister for bringing this Statement to your Lordships’ House. In her resignation letter to the Prime Minister, the former FCDO Minister, the noble Baroness, Lady Sugg, called the cut to the aid budget “fundamentally wrong”. She could not in all integrity defend the betrayal of a manifesto commitment made less than a year ago. Her view is endorsed by many others in the Minister’s own party in both Houses. No fewer than five former Prime Ministers—three from the Minister’s own party—and the most reverend Primate the Archbishop of Canterbury have said that this cut to international aid is morally wrong and harmful to Britain’s standing on the international stage. Not so long ago—in July and again in September—the Secretary of State, Dominic Raab, agreed.

To tie the cuts in the aid budget to the £4 billion increase in the defence budget is to rub salt into the wound. The Secretary of State would do well to heed the words of the noble Lord, Lord Dannatt, in your Lordships’ House last week. He said that the UK’s influence comes,

“largely through the integration of our hard power ... with our soft power”,

and that reducing the international development budget will significantly

“reduce the impact of so-called global Britain”.—[Official Report, 25/11/20; col. 250.]

In his Statement, the Secretary of State says that the cut to the aid budget nevertheless means that Britain’s aid spend remains at No. 2 among the G20. This misses the point. The outcry is because the Government are reneging on an unequivocal manifesto commitment and cutting aid over and above the fall in GNI at a moment unprecedented in global history. Future generations will rightly be appalled. It is akin to kicking someone when they are down. The British people have a strong sense of fair play. It is wrong to suggest, as I have seen in the press, that public opinion is on the side of these cuts. There is no evidence to support this assertion.

The 0.7% of GNI aid target, enshrined in law, is a proud Liberal Democrat achievement. It was spearheaded in the other place by the Private Member’s Bill from my right honourable friend Michael Moore. In your Lordships’ House, it was ably led by my noble friend Lord Purvis of Tweed, supported by my noble friend Lady Northover—then a DfID Minister in the coalition Government. Do the Government intend to change that law to reduce the aid target to 0.5%? If so, do they intend to use a Finance Bill as the vehicle for it?

Can the Minister state categorically that the 0.7% will be met this year? I regret that I need to ask this, but doubt remains. Will any shortfall caused by the overenthusiastic £2.9 billion cut announced in July be managed in a way that alleviates poverty and offers taxpayers value for money?

The Secretary of State does not mention scrutiny either in this Statement or in his letter to the noble Baroness, Lady Anelay, chair of the International Relations and Defence Committee. Can the Minister assure your Lordships’ House that monitoring and assessment of the effectiveness and value for money of ODA spend will not be the preserve of internal FCDO processes, but rather subject to independent, open and transparent scrutiny, including by parliamentarians?

What assessment have the Government made of how many UK international NGOs will go under next year as a consequence of the economic situation and of this cut? How many jobs will be lost in the UK? Does the Minister agree that these NGOs, particularly the small ones, have the trust of local community leaders and so have been able to go that vital last mile to deliver essential healthcare, nutrition and—crucially today—vaccines? Surely he accepts that the COVAX initiative will fail unless we can get supplies to where they are needed. We must have robust health systems on the ground to vaccinate people. I fear that this Statement shows that joined-up thinking is not currently a strength of the new FCDO.

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

My Lords, first, I thank the noble Lord, Lord Collins, and the noble Baroness, Lady Sheehan, for their comments. I also thank them for making time last week, in calls that I and colleagues made, to discuss their obvious concerns about this cut, some of which they have articulated today.

I say at the outset in responding to both the noble Lord and the noble Baroness that, as my right honourable friend the Foreign Secretary mentioned specifically in his Statement, the decision was taken given the effects of the global pandemic on the economy and, as a result, the public finances, but it was taken with deep regret. It was felt that at the moment we cannot meet our target of spending 0.7% of GNI on ODA next year. The Statement was very up front, setting out the Government’s intent. As my right honourable friend the Foreign Secretary made clear in the Statement, it is our intention to return to that target as soon as the fiscal situation and the challenges permit. As I am sure the noble Lord and the noble Baroness acknowledge, those challenges are immense.

They both mentioned the manifesto commitment. Like many in your Lordships’ House and in the other place, and like many people across the country, we are proud that the Conservative Government enshrined the 0.7% target in law. Equally, the commitment in the manifesto at the time of the election did not for a moment predict—I do not think that anyone could have done so—the challenge not just to the UK but to the world of a health pandemic, coupled with the challenges to the economy that we face.

I shall pick up, first, on some of the specific points made by the noble Lord, Lord Collins. Rightly, he talked about the impact on aid. I do not deny that if you have a reduced pot of money, you will spend less on many of the important causes that we are currently engaged in around the world. I have seen for myself the importance and strength of those contributions. Our development spend brings about stability in countries, ensures that peace agreements are sustained and, importantly, empowers communities around the world.

The noble Baroness, Lady Sheehan, mentioned the importance of transparency. I do not agree with her on that. As someone who started his life in the Foreign Office as a Minister of State, was then a double-hatted Minister across both departments and is now a Minister at the FCDO, I have seen in my portfolio, and have direct experience of, the benefits of bringing together the important tools of diplomacy and development. In ensuring that decisions are expedited, we can make more efficient decisions, and the focus of those decisions can more readily be seen in the different parts of the world with most need.

In particular, I emphasise to the noble Baroness and the noble Lord that we remain absolutely committed to helping the world’s poorest. The measures that the Government have announced will ensure that every penny that we spend goes as far as possible towards sustaining our position as a world-leading development power, notwithstanding the cut that has been announced. The noble Baroness acknowledged where we stand.

I have always felt that the importance of any spend lies in its effective delivery on the ground. We stand with pride in comparison with many of our G20 and G7 partners, and it is important to recognise that we have seen some real benefits from our spend over many years. In particular, we will continue to spend over £10 billion on many of the key priorities which I know are close to the hearts of the noble Lord, Lord Collins, and the noble Baroness, Lady Sheehan.

The strategic framework on ODA spend that my right honourable friend the Foreign Secretary is setting up—the double lock, which he announced with my right honourable friend the Chancellor—will ensure that the money spent is targeted on achieving many of the key goals highlighted by the noble Lord and the noble Baroness, including being at the forefront of meeting the challenge of the Covid pandemic. In that regard, I am proud that when my right honourable friend the Prime Minister returned to work following his own challenge from Covid, one of the first events in which he participated and led on was the Gavi summit. That raised over $8 billion—far in excess of the estimate.

Equally, the Gavi summit ensured that the vaccines and the support that they will give to many vulnerable communities, including those that I often see on my own patch—I give the specific example of polio eradication in places such as Afghanistan and Pakistan—are sustained at a time of great challenge for people across the world. Specifically on the Covid-19 pandemic, we have also been at the forefront of the COVAX Facility. I believe we all welcomed the news this morning about the further progress that has been made on developing vaccines.

I also assure the noble Baroness and the noble Lord that, as these vaccines come on line, including the important Oxford-AstraZeneca one, we are committed to ensuring a scaling up of vaccine production. Indeed, the FCDO has been instrumental in facilitating the agreement reached between AstraZeneca and the Serum Institute of India for that very purpose—to scale up production of a vaccine that, through the COVAX Facility, as well as through direct distribution, will allow vulnerable communities to be reached as quickly as possible.

In addition, the noble Lord, rightly raised our chairmanship of the G7 and the important leadership that we are showing as president-elect of COP 26 in Glasgow next year. I have a personal interest in this, in that I was the one who stood up at the UN and declared the £11.6 billion of climate financing. We will stand by that over the five-year period. It is important that we show leadership on these issues.

We remain very committed to the SDGs as the basis of our aid. There are many challenges, but arguably the biggest two international challenges in the area of development are the Covid-19 pandemic and facing the climate emergency. The United Kingdom continues not just to lead the narrative but to provide support through direct financing for both initiatives, to ensure that the most vulnerable communities and developing states benefit from our continuing support.

The noble Baroness mentioned the 0.7% target. As I have mentioned to her previously, and as I believe I said in responding to a Question last week, our spend this year will meet the target of 0.7% of GNI. She also raised the issue of scrutiny of ODA spend. The fact that I appear before your Lordships’ House today, as do colleagues in the other place, and the fact that we continue to have discussions and debates about this, shows that scrutiny takes place. I fully acknowledge and respect that. During my discussions last week, I talked directly to the commissioner of ICAI, not only to reassure her about our commitment to our development programmes but to gain a sense from her of what this means for the independent assessments that ICAI is able to make. As noble Lords will be aware, the Government have committed to ensuring that ICAI retains its role in making sure that our development spend is appropriately scrutinised.

Finally, I come to the important point that the noble Lord, Lord Collins, and the noble Baroness, Lady Sheehan, raised about the importance of legislation. Again, I fully understand why that was mentioned, and it was raised also by noble Lords in other discussions. At this juncture, I acknowledge not only what the noble Lord and the noble Baroness said but the important work done by my noble friend—not just my noble friend but my very good friend—and colleague Lady Sugg in the development sphere. She will be missed at the FCDO. It is often said in the context of your Lordships’ House that it is much more welcome to have two hands on the pump rather than just one. I will personally miss her insights, experience and friendship, but I respect the decision that she took. Equally, I acknowledge the work of the noble Lord, Lord Purvis, in enshrining in law the 0.7% target.

It is right that noble Lords ask questions about the Government’s recognition of their statutory obligations. As I said only last week, we are cognisant of our duties to Parliament. Under the 2015 Act, the Secretary of State is under an ongoing legal duty to ensure that that 0.7% target is met. However, as has been acknowledged by noble Lords, the framework of the Act envisages that 0.7% may not be met in certain circumstances, including by reference to economic and fiscal circumstances.

On that basis, it is permissible to depart from the duty where the fiscal and economic circumstances justify doing so, reporting to Parliament under the Act. The noble Lord, Lord Collins, and the noble Baroness, Lady Sheehan, asked me specifically about this issue. I assure noble Lords that we are considering legislation in the context of the projected long-term fiscal circumstances and the need to plan over successive years. That kind of long-term planning is not easy to square with Parliament’s intention as set out in the framework of the Act, and therefore I believe it is right in the context of that planning to ensure that we engage further with Parliament by bringing forward legislation.

The noble Lord and noble Baroness asked me specifically about timing. All I can say is that we intend to bring forward legislation in due course because, at the current time, it is difficult to predict the end date and this 0.5% figure moving back to 0.7% in light of the fiscal circumstances. It is right that we look carefully at that. As I said, we are considering the issue and will bring forward legislation in due course. As the noble Lord, Lord Collins, and the noble Baroness, Lady Sheehan, know—and I look forward to hearing from other noble Lords on this issue—I understand the strength not just of the sentiment but of the principle behind 0.7% and its value in establishing the UK as both a respected partner and a development power in the world.

Regarding the merger and the bringing together of the Foreign, Commonwealth and Development Office, the noble Baroness talked about defence spend. Earlier today we had a Question on the importance of women, peace and security. That is why the integrated review, on which further announcements will be made earlier in the new year, brings together all the key strands of our diplomacy and defence to ensure that the UK has been, is and will continue to strengthen its position as global Britain on the world stage.

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

My Lords, we now come to the 20 minutes allocated for Back-Bench questions. I ask that questions and answers be brief so that I can call the maximum number of speakers.

--- Later in debate ---

[Lord Ahmad of Wimbledon (Con)]

My Lords, my noble friend raises two points. Respecting his insights and his own experience as a Minister, I say to him that I have seen myself the direct benefit that our development spend has brought in the field and the opportunities that it has brought to communities in different parts of the world. I am proud of the fact that our development spending has lent itself to strengthening the opportunities for different communities, but that also has a knock-on positive impact on what we as the UK are trying to achieve in the international arena. Our development spend and our commitment to it, our commitment to the SDGs and our commitments to alleviating poverty, providing support for famine relief and ensuring that girls are educated wherever they might be in the world are things that we can proudly stand up and say the UK has supported and will continue to support.

I agree with my noble friend in as much as I accept that the British people are among the most generous in the world—we see that in the pandemic that we are currently facing—but equally we as the Government are trustees of public spending to ensure that, as we look at our priorities domestically, we also look to invest wisely internationally, including in supporting the most vulnerable communities and people around the world.

[Baroness Hayman (CB) [V]]

My Lords, I declare my interests as set out in the register, and I echo the comments made about the much-respected noble Baroness, Lady Sugg.

The scale of these cuts will be brutal for those affected but also, I believe, damaging in the long term to this country and its interests. The Statement gives priorities in general and I welcome the commitments on climate change, girls’ education and health, but it is very short on detail. So I have a specific question: will the Government be honouring their other commitment made in their manifesto—namely, to lead the fight against malaria? Will they do so by maintaining investment in malaria at its present level?

[Lord Ahmad of Wimbledon (Con)]

My Lords, I commend the work of the noble Baroness’s campaign to eradicate malaria. We have worked together on this, particularly in relation to the last CHOGM. She asks for quite specific details on the programmes and prioritisation. My right honourable friend has laid out the framework for how we will look at those priorities. I cannot give her a specific commitment on a particular programme on a particular issue, but I can say, where we have given commitments in the past, we will ensure that we look at how we can sustain our support, whether technical or financial. In due course, as decisions are made on how we prioritise our aid spend specifically, I am sure that we will return to these questions. I regret that I cannot give her a specific commitment on the issue of malaria at this time.

[The Lord Bishop of St Albans [V]]

My Lords, I ask the Minister to answer the question from the noble Lord, Lord Collins: will Her Majesty’s Government include a sunset clause in any legislation amending the International Development Act? Secondly, do the Government intend to produce and publish any impact assessment of the reduction in spending on official development assistance?

--- Later in debate ---

[Lord Ahmad of Wimbledon (Con)]

My Lords, I cannot go into the details of the legislative proposals that will be coming forward; as I said, I am not party to them yet, but they are being looked at. He asked some specific questions about sunset clauses, as did the noble Lord, Lord Collins, which I have noted, but beyond what I have said about the status of the legislation there is little more that I can add at this juncture.

[Baroness Jay of Paddington (Lab) [V]]

My Lords, I too am concerned about the lack of clarity about where the axe will fall on the UK’s very effective aid programme. Is the Minister able to give specific examples of where the severe cuts may occur? For instance, will women’s education funding be at the same sort of level or a much lower one? In health, will maintaining help with Covid mean reducing HIV/AIDS projects when their importance was very much emphasised yesterday on World AIDS Day? The Government really owe those receiving assistance and those delivering it much more proper transparency.

[Lord Ahmad of Wimbledon (Con)]

My Lords, I assure the noble Baroness that as we look at our priorities for spend in 2020 those will become much clearer. My right honourable friend the Foreign Secretary is looking quite specifically at the issue of ODA spend for next year. The noble Baroness is right to raise the important gains that we have seen on key priorities that the UK has supported. I assure her that we will look at each programme to ensure that we can sustain not only the leadership that we have shown but the gains that we have made. Again, I have to say to her that I cannot give her details about specific programmes and projects at this time.

[Lord Purvis of Tweed (LD)]

My Lords, when asked about the domestic economic situation, the Minister for Africa, James Duddridge, told the House of Commons:

“We are bound by law to spend 0.7%, so it is not a choice; it is in the law, and we will obey the law.”—[Official Report, Commons, 30/6/20; col.147.]


We now know that the Government believe it is a choice and they will break the law. As the Minister said, they will in fact bring forward legislation to repeal that law, which does not sit with what the Government said about it being a temporary measure. So will the Minister give me this commitment: will the Government publish the fiscal criteria that will have to be met in order for the 0.7% commitment to be re-met before any legislative proposals to repeal the 2015 Act? If they do not, how can we believe the Government in the same way that we believed James Duddridge in June?

[Lord Ahmad of Wimbledon (Con)]

My Lords, the noble Lord, again, asked quite specific questions and understandably, I cannot share with him information on the nature and detail of the legislation at this point. I assure him that, as I have said before, the Government fully recognise their obligations to Parliament. As I said earlier in my response to the noble Lord, Lord Collins, and the noble Baroness, Lady Sheehan, this is important and we are looking at legislation to ensure that we fulfil those obligations to Parliament.

[Baroness Buscombe (Con)]

My Lords, I entirely support the 0.2% reduction in our development spend in the light of the economic emergency that we all face. It is also right to strengthen our defence and security capabilities, working hand-in-hand with our soft power. In line with this strong, integrated approach, does the Minister agree that if those in the party opposite are serious about protecting the world’s poor, it is incumbent upon them—unlike their colleagues in another place—to support the overseas operations Bill when it comes to your Lordships’ House? That Bill will support our Armed Forces, some of whom are risking their lives in some of the most dangerous places in the world, such as Mali, South Sudan and Afghanistan—places where, every day, they seek to work hard with our soft power to save and change millions of lives.

[Lord Ahmad of Wimbledon (Con)]

My Lords, my noble friend raises an important point with which I totally agree—and I am sure that many other noble Lords would also agree—regarding the important role that our Armed Forces play in bringing about and sustaining peace and in ensuring humanitarian corridors. The increase in spending that we have seen in other areas—including in the MoD budget—testifies to the important role of the military when it comes to peacekeeping operations and sustaining humanitarian corridors. We can all be proud of the role that our military plays in delivering support to the most vulnerable communities around the world.

[Lord Kerr of Kinlochard (CB) [V]]

My Lords, a detected lie is the clock striking 13: it is wrong and it casts doubt on all past and future chimes. In June, the Prime Minister formally renewed the 0.7% commitment on the record in the other place. I was reassured, but it turns out that I was deceived. The aid community around the world was reassured, but it turns out that they were deceived. I suspect that the noble Baroness, Lady Sugg, was deceived: she was an excellent Minister and will be much missed. The cut to our aid projects now is 30%; the cut to our credibility is much greater. I ask the Minister: why do we lie?

[Lord Ahmad of Wimbledon (Con)]

My Lords, as I said earlier, we are proud of our commitment to 0.7%; it was a Conservative-led Government who brought that into legislation. I can assure him that we made this decision after very careful consideration. We needed a temporary reduction in order to meet the unprecedented challenges that we face in terms of both health and the economy. I reassure him, however, that our intention is to return to 0.7%.

[Lord Grocott (Lab) [V]]

My Lords, does the Minister agree with me that there are few parts of the world where our continued development assistance is needed more desperately than in Afghanistan? Does he further agree that any reduction in our support for that country—given the decades of conflict, the huge numbers of displaced people and our deep involvement there, both militarily and economically—could have devastating effects? Can he assure us that, whatever changes are envisioned in our aid budget, the funding for Afghanistan will remain a top priority?

--- Later in debate ---

[Lord Ahmad of Wimbledon (Con)]

My Lords, just recently, I participated in the pledging conference where we announced a further £155 million in development support for Afghanistan for the next year, contingent, of course, on the situation with the peace talks. Equally, we have committed a further £70 million to the important strides that we are making in ensuring the security situation in Afghanistan. As the Minister for Afghanistan, I recently discussed this with President Ghani directly. We remain committed to ensuring that the gains that have been sustained in Afghanistan continue through our security support as well as our development support.

[Lord Bruce of Bennachie (LD) [V]]

My Lords, I draw attention to my entry in the register of interests. Does the Minister agree that severe cuts on top of the departmental merger and the fundamental restructure of delivery are likely to prove deeply disruptive for development programmes? Strengthening management and capacity within the department, referred to in the Foreign Secretary’s Statement, may well be essential, but does the Minister accept that the success of UK aid delivery has been built on a model of partnership with the UK’s world-leading NGOs and development specialists? These cuts will test their resilience. How soon will the department be able to provide clarity on bidding and programme-planning to enable the Government’s development partners to manage their own capacity to ensure that crucial aid and development work can be sustained and that resources on which the Government depend for delivery will still be there when called upon?

[Lord Ahmad of Wimbledon (Con)]

My Lords, I agree with the noble Lord that we have great development expertise. Where I differ from him is that, in bringing the departments together and creating the FCDO, I believe that we have further leveraged the expertise of our development officials in contributing to our diplomatic priorities as well. Let me further assure him that I have spoken directly to a range of international partners, both within the UN context and key NGOs. We will continue to liaise with them on specific allocations; those decisions are in progress, and we will update NGOs and other key partners on them as they are taken.

[Lord Sarfraz (Con)]

My Lords, does the Minister agree that, while we build back better at home, we now have an opportunity to give back better overseas by addressing significant cost inefficiencies in our aid programmes? Will he confirm that humanitarian commitments, such as ensuring distribution of a Covid vaccine to Rohingya refugees, will remain a priority?

[Lord Ahmad of Wimbledon (Con)]

My Lords, I formally welcome my noble friend: this is the first time I have answered a question that he has posed. I agree with him on both fronts. The creation of the FCDO allows for things to be done more efficiently. As the Minister for Bangladesh, I am directly engaged on the Rohingya issue, which I know is close to my noble friend’s heart. We gave a further commitment to Bangladesh of £47 million—£37 million for Rohingya support and £10 million for support for Bangladesh itself—at the recent pledging conference that we hosted.

[Lord Wigley (PC) [V]]

My Lords, we are still among the world’s richest countries. If the problem is finding the money, let us adjust the top level of income tax to share the fiscal burden fairly. The Government were elected on a manifesto pledge to maintain overseas support. If this manifesto pledge can be jettisoned, can this House, too, pick and choose which manifesto commitments we should respect?

[Lord Ahmad of Wimbledon (Con)]

My Lords, on the proposals on tax, I am sure that the Chancellor will listen very carefully to the noble Lord. On the issue of the manifesto pledge, I have already answered that question.

[Lord Hannay of Chiswick [CB] (V)]

My Lords, will the Minister be so kind as to respond to the very forceful letter that was sent to the Foreign Secretary by your Lordships’ International Relations and Defence Committee last Wednesday, arguing that the decision taken was wrong economically and wrong politically? Does he not think that it is shameful that in none of the statements made by the Government, including his own answers to questions, has it been admitted that we have already cut £2.9 billion from our aid by applying the 0.7% calculator, and that all that is proposed now comes on top of, and in addition to, that?

[Lord Ahmad of Wimbledon (Con)]

My Lords, I agree with the noble Lord on his final point. The reduction in GNI has meant a circa £2.9 billion reduction in the current aid spend, but we will fulfil our commitment to the GNI for this year. I also accept the principle that the proposal of 0.7% going down to 0.5% for 2021 presents an additional reduction. I know that the letter from my noble friend Lady Anelay to the Foreign Secretary is in the course of being responded to.

[Lord Sikka (Lab) [V]]

My Lords, I draw attention to my entry in the register of interests. There is another aspect of the ODA which the Government continue to neglect: the amount of taxes which are avoided in emerging economies and low-income countries. Last year, they lost $144 billion due to tax avoidance by corporations and the rich. The tax avoidance industries in the UK and the Crown dependencies and overseas territories are particularly responsible for that. What steps will the Minister take to ensure that the emerging economies get the taxes which are due to them? That would give them plenty of resources for development.

[Lord Ahmad of Wimbledon (Con)]

My Lords, it needs political leadership within country, but we should be lending technical support to ensure that a greater level of tax is collected within developing parts of the world. I note what the noble Lord has said.

[Baroness Northover (LD)]

My Lords, what the noble Lord calls the “fiscal situation” that we are currently in was already apparent when reassurances were given, until a very few days ago, on our commitment to development by a department—DfID—renowned for its efficiency and transparency, including working on governance and tax collection. We could be in this so-called fiscal situation for the next decade or generation, because of Covid and Brexit. Can the Minister honestly say that he anticipates that we will ever return to 0.7% of GNI for development?

[Lord Ahmad of Wimbledon (Con)]

Having hope and optimism is part and parcel of what defines the Government’s thinking. While we have been challenged this year, and our decision on this issue reflects that, as I have already said, it is our intention to return to 0.7%. We have recently seen news on the Covid vaccine, and the steps that are being taken. I again underline the United Kingdom’s leadership on the important issues of facing up to the Covid challenge and ensuring that, through the COVAX facility and other support, we access vaccines and provide them to the most vulnerable. This underlines this Government’s commitment to ensuring that the most vulnerable and those who need assistance continue to get the support that they need, notwithstanding the challenges and this decision.

Conflict Minerals (Compliance) (Northern Ireland) (EU Exit) Regulations 2020

Lord Ahmad of Wimbledon Excerpts

Wednesday 2nd December 2020 Grand Committee

Moved by

[Lord Ahmad of Wimbledon]

That the Grand Committee do consider the Conflict Minerals (Compliance) (Northern Ireland) (EU Exit) Regulations 2020.

Relevant document: 31st Report from the Joint Committee on Statutory Instruments (special attention drawn to the instrument)

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

My Lords, these regulations, laid on 15 October, are necessary for the application

“to and in the UK in respect of Northern Ireland”

of the EU Conflict Minerals Regulation, which is listed in Annexe 2 of the Northern Ireland protocol. The regulation establishes the due diligence obligations of the largest importers of tin, tantalum, tungsten, and gold, or “3TG”. Supply chain due diligence here is absolutely crucial. A large proportion of these so-called conflict minerals originate from conflict-affected and high-risk areas. The EU regulation makes voluntary guidance set by the OECD mandatory. It aims to break the link between armed conflict and the exploitation of 3TG and to put an end to abuses of local communities, including mine workers, which are often linked to violations of human rights.

Parts of the EU Conflict Minerals Regulation have applied in the UK since 2017. However, its key operative provisions do not apply until 1 January, after the end of the transition period. These include the relevant obligations on business and member state competent authorities to ensure its effective implementation throughout the EU. Those key provisions will not take effect in Great Britain and will not form part of retained EU law. The regulations we laid before Parliament make that provision for Northern Ireland, as required under the protocol, and establish an enforcement framework for non-compliance.

This means that from the 1 January 2021, the largest importers into Northern Ireland of tin, tungsten, tantalum and gold will need to demonstrate due diligence to ensure that their imports have been mined and processed responsibly. They will have to demonstrate that they are managing any risks that their supply chains are linked to human rights violations or to the fuelling of conflict.

To enforce this in Northern Ireland, we are proposing powers for the Secretary of State to require businesses to report on their due diligence systems. The regulations also make provision for inspectors to enter business premises to inspect documents, data and records. These powers are necessary to ensure that the largest importers of “conflict minerals” into Northern Ireland do so in a way that is fair to everyone in the supply chain.

The regime follows a civil sanctions route and provides for a power to issue civil compliance notices and financial penalties where businesses do not comply. The decision to impose a financial penalty may be appealed to the First-tier Tribunal. The regime does not impose penalties for substantive breaches of due diligence obligations, as this is considered outside the scope of the EU Conflict Minerals Regulation. As required by the regulations, we will publish guidance at the earliest opportunity on how the civil sanctions will be used.

We accept the comments by the Joint Committee on Statutory Instruments that Regulation 8, which enables the Secretary of State to serve a notice requiring “a person” to produce information, is only enforceable against “Union importers”—importers into Northern Ireland—and that the regulations do not make provision for enforcing a requirement under Regulation 8 that is imposed on a person who is not a “Union importer”. We also accept as a point of principle that the imposition of obligations in statutory instruments should be accompanied by enforcement measures with equivalent scope.

It is necessary for these regulations to be made before the end of the transition period to meet the UK’s obligations under the Northern Ireland protocol. We are proceeding with the regulations as currently drafted but will bring forward as soon as possible amending legislation to amend Regulation 8, as I said.

This amendment will make explicit that the power to require the production of information can be exercised only in relation to a “Union importer”—an importer into Northern Ireland. In the meantime, the Secretary of State undertakes not to exercise the power to require production of information under Regulation 8 against persons other than “Union importers”. When the amending regulations are laid, they will also implement some minor administrative and clarifying corrections.

Our intention through these regulations is to allow businesses to operate responsibly in conflict-affected and high-risk areas. 3TG minerals are key components for much of our technology and our view is that, under the right conditions, their mining can build prosperity and security for local communities. Conducting due diligence, in accordance with OECD guidance, is key to managing the risks and to ensuring that businesses along the supply chains behave responsibly.

Our proposed regime for Northern Ireland is in line with the spirit of OECD guidance, incentivising businesses to continually improve their due diligence processes. The approach taken in the regulations, including the financial penalties for failure to co-operate with procedural requirements, corresponds with the European Commission’s stance on the scope of the EU regulation. We consider that this approach to the implementation of the EU conflict minerals regulations in Northern Ireland will meet our obligations under the protocol. I beg to move.

--- Later in debate ---

[Lord Ahmad of Wimbledon (Con)]

My Lords, first, I am grateful to all three noble Lords for their participation; I hope that the noble Baroness, Lady Northover, can hear me clearly. As all noble Lords have acknowledged and as I mentioned in my opening remarks, the EU Conflict Minerals Regulation comes into full force on 1 January 2021 and imposes a legal obligation on EU importers over the 3TG. We will also, in accordance with OECD guidance, issue further guidance in this respect in the early part of 2021 to ensure adherence.

Various questions were raised and I will seek to answer them as specifically as I can. First, on the report and the regulations mentioned, in particular the additional amendments we will seek to make in line with the committee’s report on Regulation 8, I do not have a specific date but I will of course endeavour to ensure that noble Lords are updated at the earliest opportunity to ensure that we are fully compliant in this respect. However, to answer the specific questions from the noble Lord, Lord Collins, these regulations will ensure we comply fully with our obligations under the Northern Ireland protocol.

The noble Lord, Lord Bradshaw, raised the competent authority that will operate for the Northern Ireland inspectors, who will be appointed on behalf of my right honourable friend the Foreign Secretary to exercise his powers with respect to entry and inspection. For the purposes of the regulations, the Foreign, Commonwealth and Development Secretary will take the role of the competent authority. This is also part and parcel of our fulfilling our obligations in this respect.

The noble Lords, Lord Collins and Lord Bradshaw, and the noble Baroness, Lady Northover, also rightly raised the issue of other parts of the UK, since we are taking these regulations forward only in Northern Ireland, in line with the Northern Ireland protocol. They asked specific questions on this. Outside of the EU, the UK is not obliged to enforce the substantive provisions of the EU conflict minerals regulation. However, the UK will continue to be an active member of the OECD and to promote the OECD’s due diligence guidance. In this respect, the UK Government fully expect all UK businesses to adhere to the OECD guidance. Since the EU minerals regulation is listed in Annexe 2 of the Northern Ireland protocol to the withdrawal agreement, the UK Government, in introducing the SI, are taking the necessary steps to ensure that the regulation is implemented and enforced in Northern Ireland. We will in due course consider what, if any, further regulatory framework might be appropriate for Great Britain.

In this regard, the noble Lord, Lord Collins, also asked about our work elsewhere in the world. We have of course been very effective in bringing regimes across the world to the fore regarding this issue. In particular, the UK is committed to addressing risks around conflict minerals through promoting and encouraging compliance with the OECD’s due diligence guidance, which has been issued for responsible mineral supply chains for conflict-affected and high-risk areas. We will of course continue to be a member of the OECD outside of the EU and we expect all businesses to take appropriate steps.

The UK is also a founding member of the European Partnership for Responsible Minerals. This initiative aims to increase the proportion of responsibly sourced minerals by working across the whole of the supply chain. In this regard, the UK Government funded projects, including in the African Great Lakes region, and supported the development of a due diligence hub to provide information for businesses to progress their supply chain due diligence.

The noble Baroness, Lady Northover, specifically flagged the importance of the Kimberley process. I have worked directly on this so I can reassure her. The Kimberley process, as noble Lords know, groups 55 like-minded participants, covering 82 states, with framework regulations designed to prevent the flow of conflict diamonds, which is also pertinent to our debate. We have been part of the Kimberley process since 2002. The UK remain committed to the policies and principles of the Kimberley process. We will become an independent participant at the end of the transition period.

I trust that I have answered most if not all of the questions raised. As I said, I will come back to noble Lords on the specific timetabling of the related amendments under Regulation 8. We seek to do that as soon as practicable and possible. I am sure that we will update noble Lords through the usual channels. With that, I once again thank all noble Lords for their participation. This is another important step forward in the passing of these regulations to ensure our compliance with the obligations under the withdrawal agreement as we prepare for the end of the transition period.

Motion agreed.

Official Development Assistance

Lord Ahmad of Wimbledon Excerpts

Thursday 26th November 2020 Lords Chamber

[Lord Bruce of Bennachie (LD) [V]]

My Lords, I beg leave to ask the Question standing in my name on the Order Paper, and draw attention to my entry in the register of interests.

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

My Lords, the Covid-19 pandemic has had a severe impact on our economy, which has fallen by 11% this year. This has forced Her Majesty’s Government to take a tough decision to spend 0.5% of our national income next year on official development assistance to help the poorest countries, rather than the usual 0.7%. My right honourable friend the Foreign Secretary will shortly set out in the other place the future plan on how the aid budget will be managed to deliver better results for every penny spent, and to ensure that it is focused on strategic global priorities, which are vital as we recover from the pandemic and prepare for our presidencies of both the G7 and COP 26 next year.

[Lord Bruce of Bennachie (LD) [V]]

My Lords, I pay tribute to the noble Baroness, Lady Sugg, for her honourable decision to resign from the Government yesterday in protest at the decision to cut aid, which she clearly stated she could not defend. She achieved a great deal in her role, and she was a pleasure to work with. I wrote yesterday that the decision was “unconscionable and mean-spirited”. It is all the more shameful because the Government fought two elections in quick succession committed to 0.7%, and this guarantee was repeated by the Foreign Secretary, and by the Prime Minister in a letter to me, when DfID was absorbed into the Foreign Office a few short months ago. The 0.7% is enshrined in law. Do the Government intend to disregard the law again, or will they seek to amend it? Will legislation come before this House? Is the Minister aware that the law allows for a legitimate retrospective shortfall, but not for a planned cut in the 0.7%?

[Lord Ahmad of Wimbledon (Con)]

My Lords, I join the noble Lord in his tribute to my noble friend Lady Sugg. She was not only a noble friend but a friend within the FCDO, and will be sorely missed both by the department and, I am sure, by your Lordships’ House in this role. As I have said, my right honourable friend the Foreign Secretary will lay out some details on the issue of legislation. The noble Lord has raised two important points, and I can assure him that we are very cognisant of our obligations both in terms of the Act and to the House. As for the cut that has been announced, as my right honourable friend the Chancellor of the Exchequer laid out only yesterday, it was a difficult decision, but it was necessary on the basis of the challenges we face. None the less, in real terms we will still spend £10 billion to fight poverty and climate change, among other key priorities in overseas development.

[Baroness Blackstone (Ind Lab)]

My Lords, the Minister has paid tribute to the noble Baroness, Lady Sugg. I too want to pay tribute to her for her honourable decision to resign when the Government broke their manifesto commitment on development assistance. She said that was fundamentally wrong. Does the Minister agree with this, and with her letter to the Prime Minister, which said:

“Cutting UK aid risks undermining your efforts to promote a global Britain and will diminish our power to influence other nations to do what is right”?


In answering that question, perhaps he would also indicate when the Government intend to restore development assistance to 0.7% of GNI.

[Lord Ahmad of Wimbledon (Con)]

My Lords, on the noble Baroness’s first point, I have already mentioned my long support of and friendship with the noble Baroness, Lady Sugg. Of course, she discussed her decision with both the Prime Minister and my right honourable friend the Foreign Secretary. I pay tribute to her efforts and her work in both DfID and the FCDO. As the Chancellor said only yesterday, the cut is temporary and we will return to the 0.7% when the fiscal situation so allows.

[Baroness Sheehan (LD)]

I too pay tribute to the noble Baroness, Lady Sugg, who was an outstanding Minister, and who acted with integrity yesterday. The £2.9 billion cut in the aid budget already announced for this year represents a cut of more than 19%—far more than the projected 11.3% drop in GNI. Will the Minister support the Government if they choose to break the law and knowingly undershoot the 0.7% target?

[Lord Ahmad of Wimbledon (Con)]

My Lords, in the current year we will meet the 0.7% target. On our obligation to your Lordships’ House to uphold the laws on the statute book, I have already alluded to the fact that my right honourable friend the Foreign Secretary will lay out further detail shortly in the other place.

[Baroness Meyer (Con)]

My Lords, the gang of five Prime Ministers, in objecting to a temporary reduction in our aid budget, surely protest too much. Is it not the case that, despite our enduring the worst economic crisis in 300 years, the UK provision of international aid, at 0.5% of GNI, will still be one of the highest in the world, and the second highest in the G7 group of industrialised countries?

[Lord Ahmad of Wimbledon (Con)]

My Lords, my noble friend is right: we will remain one of the most generous G7 donors, spending more of our national income, in percentage terms, than the United States, Japan, Canada or Italy. I further assure my noble friend that we stand very firmly in ensuring that, when we look at poverty alleviation, fighting famine, our commitment through the various vaccine summits we have held and the importance of our COP 26 presidency —with the commitment we have made on climate finance —we stand ready to continue to meet our obligations both domestically and internationally.

[Lord Crisp (CB) [V]]

My Lords, this cut is short-sighted and mean-spirited; it will damage our national interests and scar the lives of millions. Disturbingly, there is no end point. We are all aware of the financial situation, but what other options were considered? The UK will spend billions on vaccines from its aid budget and elsewhere for people in low and middle incomes as well as its own citizens. Could it not have made a virtue of this by using the aid budget to commit to vaccinations for all, not just making a cut but demonstrating UK leadership on the protection of the world’s health and providing a welcome boost for UK science and technology? Was this considered, and why was it not done? If the Minister does not know the answer, I would be grateful for a letter.

[Lord Ahmad of Wimbledon (Con)]

I do not agree with the noble Lord. On the specific issue of the vaccine, he will recall that, when my right honourable friend the Prime Minister returned from his own challenge with Covid-19, the first summit he chaired was the Gavi summit, which committed £330 million per year to other vaccines. As the Minister responsible for south Asia, I know that issues of polio still impact vulnerable communities in places such as Afghanistan and Pakistan. Equally, we have led from the front on the importance of the Covid-19 vaccine, with a commitment of £571 million to the COVAX Facility. The Covid-19 challenge, along with climate finance, are arguably the two biggest challenges facing the world today and through 2021, and we have shown leadership on both and will continue to do so.

[Lord Collins of Highbury (Lab)]

My Lords, I, too, praise the noble Baroness, Lady Sugg, and hope that we can work on a cross-party basis to oppose this move by the Government. The Minister said that there would be £10 billion of ODA in 2021-22, but this represents a cut of £5.1 billion compared to 2019. Yesterday, the noble Lord, Lord Parkinson, said that the Foreign Secretary’s savings for this financial year to maintain the budget within 0.7%—and we should not forget that that has meant real cuts—

“prioritised the UK’s global response to the Covid-19 pandemic, including on poverty reduction for the bottom billion, climate change and reversing biodiversity loss, championing girls’ education and protecting our operational capacity.”—[Official Report, 25/11/20; col. 249.]

Will the Minister tell us which of these priorities will now be cut to meet the Chancellor’s breach of the law and the Conservative manifesto?

[Lord Ahmad of Wimbledon (Con)]

My Lords, the short answer to the noble Lord is that they remain, and will continue to be, priorities, and I note the additional support that we have announced within the defence budget, for example. As Minister for the UN, I am sure that all noble Lords acknowledge the vital role our Armed Forces play in the delivery of aid, bringing peace and resolving conflict. We will ensure that the priorities my noble friend listed only yesterday will continue to be sustained and strengthened through 2021.

[Lord Roberts of Llandudno (LD) [V]]

Have the Government been in touch with the new incoming regime in the USA? It seems that President-elect Biden will be far more ready to co-operate with us on these massive problems in relation to overseas aid.

[Lord Ahmad of Wimbledon (Con)]

My Lords, my right honourable friends the Prime Minister and the Foreign Secretary have both been in touch with incoming Biden Administration on these important priorities.

[Baroness Tonge (Non-Afl) [V]]

My Lords, I, too, add my dismay about the resignation of the noble Baroness, Lady Sugg. Does the Minister agree with the World Bank that the provision of sexual and reproductive health and family planning services alongside girls’ education is the most effective intervention we can make in developing countries? Will he, therefore, ensure that, despite the reduction in overseas aid, the money currently donated for those services will remain unchanged and will not be reduced proportionately?

[Lord Ahmad of Wimbledon (Con)]

My Lords, on that very issue, as the noble Baroness will know, I articulated very strongly for us to sustain our support for this important priority. As the noble Baroness may be aware, between April 2015 and March 2020, we reached an average of 25.3 million women and girls accessing modern methods of family planning per year. This remains an important priority, and, as the lead on PSVI in particular, I say that this remains very much in my policy and planning.

[The Deputy Speaker (Baroness Garden of Frognal) (LD)]

My Lords, the time allowed for this Question has now elapsed. I apologise to the noble Baronesses, Lady Nicholson and Lady Armstrong, and the noble Lord, Lord Bilimoria, who were unable to put their questions.

Hong Kong: Legislative Council

Lord Ahmad of Wimbledon Excerpts

Thursday 12th November 2020 Lords Chamber

[Baroness Northover]

To ask Her Majesty’s Government what assessment they have made of reports that four pro-democracy legislators have been dismissed from the Hong Kong Legislative Council with immediate effect.

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

My Lords, yesterday was another sad day for the people of Hong Kong. China’s Standing Committee of the National People’s Congress imposed new restrictions, meaning that any Hong Kong legislator deemed to be supporting independence, refusing to recognise China’s sovereignty, seeking to support foreign forces’ interference or endangering Hong Kong’s national security would be disqualified. This decision led to the immediate removal of four elected members of the Legislative Council. Beijing’s actions breach both China’s commitment that Hong Kong will enjoy a high degree of autonomy and the right to freedom of speech, which is guaranteed under the Sino-British joint declaration.

[Baroness Northover (LD)]

My Lords, this is immensely serious for Hong Kong. What have the Government said directly to the Chinese Government about this major breach, as the Minister described it, of the Sino-British joint declaration? Will they consider taking China to the International Court of Justice for breaching its obligations under the Vienna Convention on the Law of Treaties, or has the United Kingdom undermined its ability to do that by threatening to break international law when it suits us?

[Lord Ahmad of Wimbledon (Con)]

On the noble Baroness’s second question, we remain strong supporters of the ICJ but, as she will know, going to the ICJ requires the agreement of both parties. I very much doubt that China would do so. On the specific measures that we have taken since China’s action, only an hour or so ago, the Chinese ambassador was summoned to the FCDO to meet the Permanent Under-Secretary. I have not seen the read-out of that but we have taken immediate steps there.

[Lord McKenzie of Luton (Lab) [V]]

My Lords—[Inaudible.]

[Lord McKenzie of Luton (Lab) [V]]

I will; I am sorry. China’s dismissal of four members of the Legislative Council underlined the worst fears about the national security law and its impact on freedoms of expression and judicial independence in Hong Kong. The new law, which apparently applies to everyone everywhere in the world, is generating alarm among universities with students who will return to Hong Kong at some stage and could face the risk of arrest. It makes a nonsense of “one country, two systems”. What representations are being made to the Chinese ambassador about the disqualification of the four pro-democracy lawmakers? What progress is being made in identifying senior Chinese Government officials who have committed serious human rights abuses?

[Lord Ahmad of Wimbledon (Con)]

My Lords, the noble Lord is correct. We have summoned the Chinese ambassador to register our deep concern on this issue. The noble Lord talked about all members of the Legislative Council; four members were suspended and removed while they were in the Chamber. Others have left the council in solidarity.

On identification, the noble Lord was, I think, alluding to global human rights sanctions. As I have said before, we cannot speculate on future sanctions that we may apply through that regime. Nevertheless, since the national security laws initiated the continuing suppression of freedoms in Hong Kong, we have aired—and continue to air—our deep concerns.

[The Deputy Speaker (Lord McNicol of West Kilbride) (Lab)]

I gently remind noble Lords to keep their questions and answers concise.

[Lord Mackay of Clashfern (Con) [V]]

What course can Her Majesty’s Government follow that is likely to improve the situation for freedom in Hong Kong?

[Lord Ahmad of Wimbledon (Con)]

My noble and learned friend raises an important issue. On 6 October, 39 countries issued a joint statement at the UN General Assembly expressing deep concern at the situation in Hong Kong, building on the Human Rights Council statement in June. We believe that this joint approach with other international partners is the best approach in pressing China to live up to its obligations.

[Lord Alton of Liverpool (CB)]

My Lords, I declare my interests as a patron of Hong Kong Watch and vice-chair of the All-Party Parliamentary Group on Hong Kong. What steps are the Government taking to co-ordinate an international response to the purge of democrats and the dismantling of democratic freedoms in Hong Kong? Does this include an international contact group, mobilising the G7, developing an alliance of democracies to co-ordinate targeted sanctions and a lifeboat rescue package, and working for the creation of a mechanism at the United Nations for a special rapporteur?

[Lord Ahmad of Wimbledon (Con)]

As I have already said, we are leading the international response on Hong Kong. An increasing number of countries are joining statements through UN human rights bodies, which underscores the success of this approach. We have no plans to establish an international contact group. The Foreign Secretary is leading the way on this issue as a priority.

[The Lord Bishop of St Albans [V]]

My Lords, the Government have provided a way for citizens holding a BNO passport to take steps to come here. A high proportion of people will miss out on this scheme, particularly those born after 1997. What other immigration measures have the Government considered in the interests of safety for the people of Hong Kong?

[Lord Ahmad of Wimbledon (Con)]

My Lords, the right reverend Prelate is right to raise BNO status. It will open for applications at the end of January 2021. On the specifics of people born after a given date, certainly where they are connected to those who qualify for BNO status, our policy is not to separate families—they will also be included in the scheme.

[Lord Campbell of Pittenweem (LD)]

My Lords, given the clear breach of the joint declaration and international law, how can we enlist support from European Union countries when the Government persist with Part 5 of the Internal Market Bill? Is this not a clear illustration of the Government’s chickens coming home to roost?

[Lord Ahmad of Wimbledon (Con)]

I assure the noble Lord that there are no chickens in my response, per se. On this specific issue, the fact that Germany delivered the statement at the UN Third Committee underlines the strong support in the European Union for our position on Hong Kong.

[Lord Collins of Highbury (Lab)]

My Lords, I welcome what the Minister said about his and the United Kingdom’s efforts at the United Nations and building support, but we obviously need to do more. The Minister failed to answer the point made by the noble Lord, Lord Alton, about how we may build a better consensus through the use of the scheduled G7 meeting. Can he give a more specific answer?

[Lord Ahmad of Wimbledon (Con)]

Of course. We will continue to press this case, whether through the G7 or other multilateral fora. We are achieving success; I am sure that all noble Lords will acknowledge that the fact that we have seen an incremental increase in the number of countries supporting the UK’s position on Hong Kong illustrates the success of this policy.

[Lord McColl of Dulwich (Con) [V]]

My Lords, in view of this scandalous behaviour by the Chinese Government and their rejection of the criticism of western Governments, is it not time to encourage people not to support Chinese exports, as their economy is all-important to the Chinese?

[Lord Ahmad of Wimbledon (Con)]

My Lords, we have a strategic relationship with China. We continue to wish to strengthen that, but in a very clear-eyed way, and where there are abuses of human rights, whether in Hong Kong or indeed in mainland China, we will call them out.

[Lord Thomas of Gresford (LD) [V]]

The offence of the four lawmakers who were expelled without legal process from LegCo—two barristers, an accountant and a medical consultant—was that they had allegedly supported requests to the US to impose sanctions on China for its interference in Hong Kong. What about this country? The United Kingdom signed the bilateral joint declaration, which by Article 3 guarantees the rights and freedoms of Hong Kong citizens. Does the Minister agree that we have a moral and imperative duty to take action now, not just to wring our hands—to impose sanctions or to take China to the International Court of Justice, as my noble friend suggested earlier?

[Lord Ahmad of Wimbledon (Con)]

My Lords, the noble Lord raises Article 3, and that is exactly what we are pressing: that China must uphold its international obligations. I have already covered the point on the ICJ; we will continue to work on a multilateral basis and bilaterally in raising this issue with Chinese authorities and the Hong Kong special administrative region as well.

[Baroness Warwick of Undercliffe (Lab)]

My Lords, what assessment has the Minister made of the likely impact that Beijing’s purging of pro-democracy voices in the legislature will have on the rule of law in Hong Kong? Does he share my concern about the threat to the continued independence of the judiciary, and do the Government have anything specific in mind to seek to avoid that?

[Lord Ahmad of Wimbledon (Con)]

My Lords, I totally concur with the noble Baroness. There has been an increasing decline, and this is the second major shift this year with the introduction of the national security law and the suspension of democratically elected legislators. She raises an important point about the independence of the judiciary. Again, the national security law raises real concerns, as under it the Chief Executive now has the right to appoint judges as well. We will continue to raise that issue and our concern with China directly.

[Lord Randall of Uxbridge (Con) [V]]

My Lords, this is an extremely serious development and I am sure that Her Majesty’s Government are working hard with international partners to ensure that democracy and human rights—and indeed freedom of speech—are maintained in Hong Kong. I have previously raised the fact that two crucial events are coming up where China has a leading role to play. As well as the COP next year there is the equally important meeting on the Convention on Biological Diversity, which China is hosting. Does my noble friend think that the prospects of these two global events are in any way endangered by these events in Hong Kong?

[Lord Ahmad of Wimbledon (Con)]

My Lords, China is an important partner and my noble friend is quite right to raise the two events coming up next year. We continue to work strategically and importantly on the priorities of the environment as a key issue in the lead-up to COP 26. However, events like this indeed hinder the relationship that we are seeking to build bilaterally with China.

[Baroness Bennett of Manor Castle (GP) [V]]

My Lords, I declare my position as co-chair of the All-Party Parliamentary Group on Hong Kong. The noble Lord, Lord McColl of Dulwich, referred to people buying Chinese products. That is a large part of our retail sector but of course our financial sector, the City of London, is tightly enmeshed with banks that have expressed support for the Chinese government position and are heavily involved in the Hong Kong economy. What are the Government’s plans to tackle that issue?

[Lord Ahmad of Wimbledon (Con)]

My Lords, as I have already said, trade with China is important, but we must do so in a manner which reflects the importance that the Government attach to human rights. The noble Baroness raises the issue of financial services. It is for companies to make key decisions, but we remain very much committed that where there is a usurping of human rights we will raise those issues, whether that is happening in Hong Kong or mainland China.

[Lord Hain (Lab) [V]]

My Lords, given the serious and continuing deterioration of human rights in Hong Kong and China, which government policy has been most effective: David Cameron’s toadying or Boris Johnson’s bombast?

[Lord Ahmad of Wimbledon (Con)]

That is an interesting question for the noble Lord to put to a Minister who has served under both Prime Ministers. We live in the present, and that is where we need to focus. We have seen a systematic abuse in recent years in mainland China, whether we are talking about the Uighurs or indeed other human rights abuses, which we have often debated in your Lordships’ House. Currently, the steps that have been taken this year alone in Hong Kong illustrate a hardening of the stance and a real test of the Sino-British joint agreement. We will continue to press for that and press China to stand up for its international obligations. However, at the same time, we will continue to raise the bar against the usurping of human rights, be it in Hong Kong or indeed in China.

[The Deputy Speaker (Lord McNicol of West Kilbride) (Lab)]

My Lords, I thank all noble Lords for the brevity of their questions and answers. All supplementary answers have been asked.

Nazanin Zaghari-Ratcliffe

Lord Ahmad of Wimbledon Excerpts

Wednesday 4th November 2020 Lords Chamber

[Lord Collins of Highbury (Lab)]

My Lords, I welcome this Statement and the Foreign Secretary’s representations about Nazanin’s case generally, including his rightly voiced opposition to her potential return to prison during a second trial. Yesterday, James Cleverly welcomed the fact that she had not been sent back to prison. However, can the Minister confirm whether the Government have made specific representations to Iran on this possibility? Can he also detail any further multilateral action at the UN to secure her release and that of other British dual nationals incarcerated in Iran?

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

My Lords, I thank the noble Lord for his support. I know that this issue has cross-party support and we are working together on this aim. On his final point, yes, we are working with partners to apply maximum pressure for all dual nationals arbitrarily detained in Iran to be released. On this specific case, we have made specific representations, both through the interactions of my right honourable friend the Foreign Secretary and at ambassadorial level.

[Baroness Northover (LD)]

My Lords, the cases of the dual nationals being held in Iran are clearly appalling. Following the question asked by the noble Lord, Lord Collins, I would like to probe the Minister on whether the Government carried out a risk assessment of the safety of Nazanin and others due to the postponement of the IMS debt. We have not had an answer to that either in the Commons or here. Exactly when did the Government ask to attend her trial and what answer did the Iranian authorities give?

[Lord Ahmad of Wimbledon (Con)]

My Lords, on the noble Baroness’s second point, as she will be aware, the Iranians do not recognise Nazanin’s dual national status. We made that representation; it was declined. On the IMS dispute, I assure the noble Baroness that discussions are ongoing to explore further options to resolve this 40 year-old case, but it would be inappropriate for me to comment further on the case at this time because of those ongoing discussions.

[Lord Alton of Liverpool (CB)]

My Lords, the shocking treatment of Nazanin Zaghari-Ratcliffe throws into sharp relief the appalling human rights track record of Iran, does it not? Will the Minister therefore talk specifically about the recent executions of some of the 2019 protesters and the despicable intimidation of members of staff at the BBC Persian service and their families?

[Lord Ahmad of Wimbledon (Con)]

My Lords, I join the noble Lord in recognising that the UK has a long-standing opposition to the death penalty, whatever the reason and in whichever country. We continue to make that case to Iran and other nations. Iran’s criminalisation of co-operation with the British Council and the attacks against BBC Persian employees are also deeply concerning. The Government continue to provide support to defend them repeatedly at the highest levels in Iran.

[Lord Polak (Con)]

In the Statement, the Minister in the other place said that

“we are committed to the nuclear deal with Iran—the joint comprehensive plan of action, or JCPOA—as the best means available to monitor and constrain Iran’s nuclear programme.”—[Official Report, Commons, 3/11/20; col. 185.]

The Foreign Secretary suggested on television this morning that there are flaws but until something else is out there, it is the only option. What work has the FCDO undertaken to create an alternative? It has also been suggested that the Iranian Islamic Revolutionary Guard Corps has shamelessly harassed Mrs Zaghari-Ratcliffe. To save my noble friend the Minister from telling us that he cannot discuss future proscriptions, I ask this: given that the Minister in the other place was clear on the concerns about Iran’s destabilising activities throughout the region, can my noble friend tell the House what possible further destabilising activities the regime and the IRGC can get up to before we act in a tough and appropriate manner?

[Lord Ahmad of Wimbledon (Con)]

My Lord, on my noble friend’s second point, we are acting in conjunction with our E3 allies to ensure that the JCPOA remains alive and on the table. It prevents Iran becoming a nuclear state, which must be a priority.

My noble friend raises concerns about the IRGC. We share them, particularly regarding Nazanin Zaghari-Ratcliffe’s case and the challenge that she has been presented with the IRGC. On the efforts that we are making, we continue to work with our US allies and E3 partners to ensure that the current ban that was lifted on arm sales to Iran can also reach a conclusion that satisfies our allies across Europe and in the US.

[Lord Browne of Ladyton (Lab) [V]]

My Lords, in April 2019, the Government granted diplomatic protection status to Mrs Zaghari-Ratcliffe—a very welcome signal that the UK treats the case no longer as a consular matter but as a formal legal dispute between Britain and Iran. Has that change of status been reflected in any change in the Government’s approach to this matter? What difference has it made, if any?

[Lord Ahmad of Wimbledon (Con)]

My Lords, exercising diplomatic protection to Mrs Zaghari-Ratcliffe’s case formally raised it to the level of a state issue. We continue to take further action where we judge that it will help to secure her full and permanent release. For the time being, we welcome the fact that she has been allowed to return home and has not been taken to prison.

[Baroness Goudie (Lab) [V]]

My Lords, following on from my noble colleagues’ questions, can the Minister assure us that Nazanin Zaghari-Ratcliffe will be able to have medical check-ups through the embassy every week and that a permanent person will visit her every other day from the embassy? At the moment, I feel she is in a very fragile state, with no continuity of people to be with her besides her family.

[Lord Ahmad of Wimbledon (Con)]

My Lords, we as Her Majesty’s Government cannot guarantee this, but I assure the noble Baroness that we continue to implore the Iranian authorities that she should receive whatever medical attention she needs.

[Viscount Waverley (CB) [V]]

My Lords, what is holding back a resolution? The issue must be more complex than we understand it to be. Is practical horse-trading really going on behind the scenes? For example, have the Supreme Leader’s personal representatives, who are based in London and directly responsible to him, been sat with? If so, with what outcome? What price freedom? Is Iran holding out on its internal judicial process by saying no to the return of the £400 million-plus owed by the Government rather than having the UK turn this into an advantageous negotiation position that could also be put to the benefit of the desperate lot of Iran’s long-suffering people, having been instructed to do so by a UK court? Where is the best practice in the UK’s rule of law in all this?

[Lord Ahmad of Wimbledon (Con)]

I agree with the noble Viscount that our argument and challenge are not with the Iranian people; they have suffered for far too long. We are engaging on this issue at the highest level. From the Prime Minister downwards, we are engaged in getting Nazanin Zaghari-Ratcliffe, and other dual nationals who are arbitrarily detained, released on a permanent basis.

[Baroness Stuart of Edgbaston (Non-Afl)]

My Lords, it seems clear that the Iranian regime is using the court process as a negotiating tactic. This does not affect dual nationals just from the United Kingdom but also from France, Germany, Australia and the United States. We can probably anticipate that some of these practices will be accelerating ahead of the presidential elections in Iran in June. Have we had discussions with our partners to protect dual nationals across the board and to take joint action?

[Lord Ahmad of Wimbledon (Con)]

I welcome the noble Baroness to the House and assure her that we work very closely in conjunction with our partners, including those who have detainees who are arbitrarily detained. On the future elections, it should be in our mind that Ayatollah Khamenei, as spiritual leader, also has ultimate adjudication powers on any decision taken by the Iranian Government.

[Lord Dubs (Lab) [V]]

My Lords, is there any truth in the allegation that some other countries—Australia, France, Germany, Canada and the USA—have had greater success in getting their people back? Is this only because their people were not dual nationals? Secondly, have the Iranians ever mentioned the money in the course of our negotiations with them about Nazanin’s release?

--- Later in debate ---

[Lord Ahmad of Wimbledon (Con)]

My Lords, I have already commented on the ongoing discussions that we are having on the issue of the debt. On the noble Lord’s first point, I believe that he answered his own question. He is quite right that those detainees have been successfully released because they hold a particular nationality. Regrettably, Iran does not recognise dual nationals and that has been its persistent response to our lobbying on this case and others.

[The Deputy Speaker (Baroness Garden of Frognal) (LD)]

My Lords, all supplementary questions have now been asked.

Integrated Review of Security, Defence, Development and Foreign Policy

Lord Ahmad of Wimbledon Excerpts

Tuesday 3rd November 2020 Lords Chamber

[Lord Howell of Guildford]

To ask Her Majesty’s Government when the Integrated Review of Security, Defence, Development and Foreign Policy will be (1) completed, and (2) published.

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

My Lords, the integrated review continues but, in light of the decision to move to a one-year spending review, we are considering the implications for its completion. We will of course provide an update in due course.

[Lord Howell of Guildford (Con) [V]]

My Lords, I thank my noble friend for that reply. With the comprehensive spending review now delayed, can we be clear about which comes first: the much-needed review of defence spending or the fundamental review of our position in the world and how to defend it, which the integrated review is meant to address? Has my noble friend noted that the new call for evidence questions from the review, put out in August with an absurdly short window, make no mention at all of our trade and business prosperity in the new world conditions on which everything else will depend? Will he pass the word to the reviewers to correct that?

[Lord Ahmad of Wimbledon (Con)]

My Lords, I always take my noble friend’s advice and listen to it carefully. I will of course follow up on that point. On his wider question, the integrated review takes into account not just defence but our development programmes, as well as diplomacy. The intention is very much to ensure that we will, as I said, in due course be able to announce a date on the further progress of the integrated review.

[Lord Collins of Highbury (Lab)]

My Lords, the current crisis highlights that international co-operation is the greatest tool for confronting global threats and advancing our values and interests. Sadly, under this Government the UK has lost much of its influence at the United Nations, along with losing its historical place at the ICJ, and has failed in a series of high-profile votes at the Security Council and the General Assembly. Will the review fully consider the UK’s policy towards the UN and can the Minister explain how the Government will seek to strengthen and regain the UK’s influence at this important institution?

[Lord Ahmad of Wimbledon (Con)]

My Lords, it will not surprise the noble Lord that I disagree with him. We continue to have a very big influence at the United Nations, including at the UN Human Rights Council. He is all too aware of the recent incremental success we have had on the challenging subject of Xinjiang. On elections, the noble Lord refers back to that of 2017 on the ICJ; subsequently, there have been several UN positions, as well as an election to the important institution of the ITU, where the British candidate was successful. This was down to the influence we carry. I assure him that I agree with him on this point: it is important that we sustain and retain but also strengthen the role of the United Kingdom in global affairs, including through our work at the UN.

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

My Lords, the noble Lord, Lord Howell, referred to money and asked whether we would be looking at chicken or egg. Does the Minister agree that although it is vital that we spend at least 2% of GDP on our Armed Forces, in the context of a declining economy with Covid 2% may not be enough? What conversations are being had with the Treasury about this?

[Lord Ahmad of Wimbledon (Con)]

My Lords, I am sure the noble Baroness appreciates that the whole idea behind a one-year spending review is to ensure that we prioritise the issue of the economy, as she rightly said, but also other challenges that we face in the Covid crisis. That said, when we look at the context of the thresholds set, particularly at NATO, I am proud that the United Kingdom continues to stand by our commitment to spend 2% of GDP on defence but also 0.7% on development.

[Lord Lancaster of Kimbolton (Con)]

My Lords, the UK has some of the most advanced military capabilities in the world—the F35 fighter, the Type 45 Destroyer and cyber, to name but three—but our real military advantage comes when we can network these capabilities. With the addition of space and cyber to the traditional domains of land, air and maritime, can my noble friend reassure me that multi-domain integration will be at the heart of this review?

--- Later in debate ---

[Lord Ahmad of Wimbledon (Con)]

My Lords, I welcome my noble friend. I assure him, and agree with him, that the United Kingdom will always prioritise how we respond to the threats that we face. As I am sure he will acknowledge and agree, our armed and security forces work tirelessly to protect the UK and our interests at home and abroad. However, I agree with him that we need to be dynamic in our response to the ever-changing and evolving world, including some of the new threats and opportunities, be they in cyber or space.

[Lord Stirrup (CB)]

My Lords, a number of pending defence capital investment programmes will be crucial to both our future military capability and the UK’s prosperity agenda, but a one-year financial settlement risks crippling them. Can the Minister assure the House that such important strategic issues will be decided by informed debate and not pre-empted by short-term Treasury fiat?

[Lord Ahmad of Wimbledon (Con)]

I assure the noble and gallant Lord that we continue to stand by our Armed Forces. He will note that the Government are investing an additional £2.2 billion in defence over this year and next, which will put our total spending at £41.5 billion. I give him the added assurance that the Government will continue always to prioritise how we respond to the threats that the UK faces. Our Armed Forces and security services work tirelessly in this respect and are fully funded.

[Lord West of Spithead (Lab)]

My Lords, the Treasury’s decision that the comprehensive spending review will now be on a one-year settlement will be very damaging to defence. The military, particularly equipment procurement, is a relatively long-term business, as alluded to by the noble and gallant Lord, Lord Stirrup. The UK needs a clear statement of how Ministers see the UK’s position in the world, not least to inform defence structure and spending in the future. If the integrated review is delayed, will the Government at least publish a foreign policy review—ideally, early in 2021—which will be able to take account of which way the United States is heading as well as future relationships with the EU?

[Lord Ahmad of Wimbledon (Con)]

My Lords, I shall follow up on the noble Lord’s suggestion and write to him. I assure him that the Foreign, Commonwealth & Development Office is now pursuing international priorities in an integrated manner, including working to ensure greater leverage in the Indo-Pacific area.

[Baroness Northover (LD)]

My Lords, next autumn we are hosting COP 26, which must be a success both for the United Kingdom and globally. Given the delay to the CSR, how will we ensure that climate change is comprehensively addressed, what proportion of funding will come from our ODA commitments, and how will that affect our development programmes?

[Lord Ahmad of Wimbledon (Con)]

My Lords, I have already alluded to our commitment to 0.7%, which is enshrined in law. The noble Baroness is of course right to raise COP 26; I assure her that Ministers across government are working to ensure that we deliver on its priorities and ambitions.

[Lord Truscott (Ind Lab)]

My Lords, there has been much talk of global Britain post Brexit. Can the Minister define what that means? Secondly, can he tell your Lordships’ House what values and principles underpin the integrated review?

[Lord Ahmad of Wimbledon (Con)]

My Lords, in a few seconds, global Britain means our place in the world, whether through multilateral institutions such as the UN, through the Commonwealth or, indeed, through our bilateral relationships. The UK has strong influence and strong partnerships, and we will strengthen those partnerships and friendships going forward. On our overall positioning, I am very optimistic about the outlook for the UK in the global world. The results of the FCDO merger demonstrate why.

[Baroness Helic (Con) [V]]

My Lords, I regret that the publication of the integrated review has been postponed. We live in an era of extraordinary unpredictability that cannot be addressed by ad hoc reviews. Will the Government therefore consider introducing a legislatively mandated quadrennial defence, foreign policy and security review to ensure that we have an automatic and regular review of MoD and FCDO strategy and the threats facing our country, as is the case in the United States?

[Lord Ahmad of Wimbledon (Con)]

Noble Lords have ample opportunity, as do Members in the other place, to question and challenge the Government, whether in defence, development or diplomacy, and that will continue.

[Lord Craig of Radley (CB) [V]]

My Lords, does the Minister agree that a nuclear deterrent lacks credibility unless it is underpinned by capable, modern, conventional capabilities? If so, does he agree that the current resilience and fighting strength of the three services is less than adequate and must be improved rapidly as part of this review?

[Lord Ahmad of Wimbledon (Con)]

I agree with the noble Lord’s first point. However, I have already alluded to our increased budget in defence spending, which underlines the importance and priority that Her Majesty’s Government attach to our defence capabilities.

[The Deputy Speaker (The Earl of Kinnoull) (Non-Afl)]

My Lords, the time allotted for this Question has now elapsed and we therefore move to the second Question.