Global Human Rights Sanctions Regime

Lord Ahmad of Wimbledon Excerpts

Wednesday 8th July 2020 Lords Chamber

[Baroness Northover (LD) [V]]

My Lords, I too thank the noble Lord for the Statement. This is a major step forward and I thank him, his right honourable friend the Foreign Secretary and his officials for all their work. Many have played their part in this, including organisations like Transparency International and campaigners like Amal Clooney. I also acknowledge the very brave Bill Browder, who will realise that the Russian leadership would happily do to him what it did to the Skripals. Bill Browder has described the UK Government’s initiative as “a huge milestone” and to quote him again

“Most kleptocrats and human rights violators keep their money in the UK, have houses in London, and send their kids to British schools.”


This will have a stinging effect on bad guys around the world.

These bans are also a tribute to Sergei Magnitsky, who paid for his courage and honesty with his life. I am very glad that his family was able to watch this Statement being made from the Foreign Office. I commend the Government for listing 25 Russian nationals who are linked to his case. It is good, too, that 20 of those who played their part in the death of Jamal Khashoggi are also sanctioned. And yet just yesterday, as the noble Lord, Lord Collins, has made clear, we granted the sale of arms once more to Saudi Arabia.

It is important, too, to note that two senior Myanmar generals who were involved in the suppression of the Rohingya population are also listed, although it has been noted that this may be largely symbolic because they have no known assets in the UK and would not be allowed to travel here anyway. I note also that two organisations which have been linked with human rights abuses in North Korea will be sanctioned.

However, there are omissions, as the noble Lord, Lord Collins, and others have said. Where is China in this? Will those who are oppressing the Uighurs be included? Will proper consideration be given to the China Tribunal’s conclusion about organ harvesting, and might sanctions result? What of the doctors who may have been involved? What about those who are taking actions in Hong Kong, including potentially Carrie Lam, who has overseen the destruction of human rights there by overseeing the abandonment of “one country, two systems”.

In their equivalent legislation, the United States and Canada include corruption, and I have seen how effective US sanctions are in rooting out corruption in Africa. To quote Bill Browder again:

“Once you get onto a sanctions list you become a non-person in the world of finance. You can’t do business with anybody. … It is probably the worst thing that can happen to people who are very wealthy. These are rich government officials who made their money through graft and theft and imprisonment.”


Can the noble Lord update us on whether corruption charges will be included?

Can the noble Lord also tell us how the new regime will be overseen, so that it is not knocked off course by short-term concerns? Will its administration be separate from the FCO, DIT and the MoD, which might have other interests? What parliamentary oversight will there be? I note too that we have not yet seen the long-awaited report from the Intelligence and Security Committee and I support the demands for that committee to be resumed immediately.

When we were in the EU, we had of course engaged with it to bring all EU countries along with us, particularly Sweden and the Netherlands, on similar human rights sanctions proposals. I am glad that we will continue to work with our EU colleagues, although that will be more challenging. However, the more we work together on this, the more effective we will be. I note already that, on human rights in China and Hong Kong, many more countries of the UN supported China than supported our position, and that will be a challenge in the future. Overall, however, I welcome this Statement as a major step forward and I look forward to the noble Lord’s response.

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

My Lords, I thank the noble Lord, Lord Collins, and the noble Baroness, Lady Northover, for their remarks in support of the Statement made by my right honourable friend the Foreign Secretary. Perhaps I may reflect for a moment. I remember working with both the noble Lord and the noble Baroness during the passage of the Sanctions and Anti-Money Laundering Bill, and again I pay tribute to the level of co-operation and indeed the excellence of the debates we had not only on the whole of the statute but specifically on the importance of the issue of sanctions. I am therefore delighted that we have been able to bring forward what my right honourable friend has described as the launch of a global human rights sanctions regime. I thank both noble Lords for welcoming it, as indeed did all Members in the other place.

As the noble Lord, Lord Collins, has said, while welcoming the names which have been mentioned—the noble Baroness also referred to the 25 Russian nationals—I believe that they both talked about omissions. I would not term it as such. This is very much the first tranche. Everything has to be based on evidence and, clearly, that evidence is collated. I know that both noble Lords will respect the fact that those who have been designated should be given the opportunity to challenge the designation, and that has been incorporated into this new regime.

On the issue of corruption, which both noble Lords pointed out was not initially included in what we have proposed, as my right honourable friend alluded to in the Statement, this is something that we have already started work on. However, it was important not only to introduce the framework but also to recognise that designations were needed to give strength to what has been laid before Parliament, and therefore I am pleased that this process is under way given that corruption is an issue that we continue to look at, as my right honourable friend has said.

Both noble Lords talked about the recent announcement made with the Kingdom of Saudi Arabia on the arms deal. I believe that the noble Baroness acknowledged the fact that including the names of those who committed the appalling crime of the targeting and assassination of Jamal Khashoggi reflects the deep concern and outrage which was expressed across your Lordships’ House.

I turn to the issue of restarting export licences to Saudi Arabia. My right honourable friend the Trade Secretary has looked at the court ruling and we have adhered to its proposals to make the necessary amendments to our processes. Perhaps I may reassure all noble Lords that we will not issue any export licences when there is a clear risk that the items concerned may be used to commit serious violations of international humanitarian law. As I have said before, every licence application is rigorously assessed against strict criteria and we will not issue an export licence where to do so would be inconsistent with them.

The new sanctions regime will give the UK a powerful new tool in order to hold to account those who are involved in serious human rights violations or abuses. I can assure noble Lords that we will keep the export licence regime and the controls we exercise under close scrutiny and review. However, we will do so while adhering fully to the points which were raised during the judicial review of the decision.

Both noble Lords rightly talked about the importance of co-operation and working with partners. We have, along with the US and Canada, already engaged in working on the inclusion of similar sanctions on corruption, as the noble Baroness pointed out. We work closely with our Five Eyes partners and I can give her an assurance on her specific point about our partners in Europe. My right honourable friend the Foreign Secretary recently visited Germany and we are working closely with our EU partners in looking at how the EU can also bring forward a global human rights sanctions regime. However, I know that both noble Lords will agree that any regime in the world can work effectively against those who commit the most heinous crimes and the worst kind of human rights abuses only if we work in tandem and together with other countries. We will continue to emphasise that point as we look to expand the designations further in the future as well as to expand their scope to include issues around corruption, which was mentioned by both noble Lords.

The noble Lords talked about scrutiny. In closing, I assure them that I recognise the range of views expressed by both noble Lords, and in the other place, on the best approach to take to designation proposals. I know that, as can be seen by the list today, many parliamentarians have over a long period continued to engage with the Government—they have engaged directly with me as the Minister for Human Rights—on the importance of bringing forward designations. I also recognise the range of views expressed by parliamentarians on the best approach to implementation, and I am grateful for continuing to hear soundings to this effect.

Let me assure both noble Lords that, in line with the sanctions Act, we will continue to report to Parliament, as required under its Sections 30 and 32. Doing so also provides Parliament with regular moments where Members may scrutinise the actions that the Government have taken in respect of human rights sanctions. There is also provision to debate the laying of these instruments. We are of course working through the usual channels. I understand that there will be a debate in the other place on this very issue on the 16th of this month. There is a 28-day limit from when these provisions were introduced on 6 July, so we will certainly look through the usual channels to have a debate as soon as we return from the Summer Recess. That will be the earliest opportunity, bearing in mind the current challenges in the parliamentary schedule. But this will ensure that we comply and that your Lordships’ House has an opportunity to debate these designations.

Finally on the designations, I know that the noble Lord, Lord Collins, did not mention this, but the words still ring in my ear about the importance of laying a report in this respect. We will continue to fulfil that obligation and review those who have been designated every three years, which was another key point that both noble Lords raised with me during debate on what became the Act.

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

My Lords, we now come to 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.

[Lord Garnier (Con) [V]]

My Lords, I warmly welcome this Statement. Does my noble friend the Minister agree that CSOs and NGOs should be able to interact directly with the FCO and parliamentary committees in the designation process? Given Bill Browder’s help in the development of the global human rights sanctions regime, will my noble friend ensure that Interpol more effectively polices the red notice system to prevent authoritarian regimes misusing it for political and commercial advantage?

[Lord Ahmad of Wimbledon]

My Lords, my noble and learned friend raises two very important points. First, on the NGOs, we have published an information note aimed specifically at NGOs and civil society organisations, which formally lays out a dialogue with government and allows NGOs to raise their issues directly with us. Prior to this, as the Human Rights Minister I had already had regular engagement with leading NGOs and civil society organisations. On his second point, I, like my noble and learned friend and other noble Lords, pay tribute to Bill Browder and his work in this respect. I assure him that the Government take any misuse of Interpol notices and systems very seriously. Article 3 of the Interpol constitution forbids any organisation undertaking any intervention or activities, be they of a political, military, religious or racial character. Interpol has robust checks and we will make sure that they continue to be upheld.

[Lord Geidt (CB) [V]]

My Lords, the Minister’s Statement and the remarks of other noble Lords echo the thanks owed to the extraordinary, tenacious advocacy of Bill Browder, often at considerable personal risk. The other published designations, beyond that of Sergei Magnitsky, also reflect a high profile of public concern. There is evidently more to come: consideration of designations against Chinese actors, for example, in other very visible cases would appear to be ripening. Building on the comments of the noble and learned Lord, Lord Garnier, can the Minister comment on what measures are intended by Her Majesty’s Government, including through the agency of civil society organisations and NGOs, as just mentioned, actively to hunt down similarly egregious cases of human rights abuses which are far less well known but to which this new regime might equally apply?

[Lord Ahmad of Wimbledon]

My Lords, again, I agree with the noble Lord. Through the information notes—and whether through working with colleagues across Parliament, with NGOs or with civil society organisations—we want to ensure that we collect the evidence base, irrespective of who the perpetrator is and wherever they are in the world, so that we can impose these kinds of restrictions on them. They include a travel ban and an asset freeze within the UK. I take careful note of what the noble Lord says, but I assure him that all processes will ensure that there is a robust evidence base behind any designation.

[Lord Rooker (Lab) [V]]

My Lords, this is a good news story, and I give sincere congratulations to the Government. I pay my own tribute to Bill Browder and the family of Sergei Magnitsky. Is the Minister aware that London is full of legal firms and accountants that are happy to work for those salting away dirty money gained by abuse? Will the Government therefore be meticulous in gathering evidence to sanction kleptocrats and abusers, so that our own crooks in the City cannot take advantage?

[Lord Ahmad of Wimbledon]

My Lords, I suppose that I should declare an interest as having had a 20-year career in the City of London. I assure noble Lords that the City of London plays an important part in Britain globally, but the noble Lord is right to raise concerns about money being laundered through bank accounts. As my right honourable friend said, I assure him that part of the real sanctions that will be imposed are the asset freezes on those who commit these human rights abuses.

[Baroness Ludford (LD) [V]]

My Lords, I join those highlighting the close link between those who abuse human rights and those who are corrupt, so I was interested when the Foreign Secretary mentioned that the Government were considering how a corruption regime could be added to the armoury of legal weapons that we have. But one key tool, long promised, is to remove the ability to own property and businesses in this country through firms registered in secretive tax havens. Do the Government still intend to require public registers of beneficial ownership in British Overseas Territories only in 2023, as Vince Cable was told last year? Why is there such a lax timetable and will a draft order still be ready this December, as required under the 2018 sanctions Act?

[Lord Ahmad of Wimbledon]

My Lords, the noble Baroness raises the issue of beneficial and public registers in our overseas territories. As I have said previously, we have made commitments to ensure that our overseas territories comply. The reason for the 2023 date was to allow sufficient time for such public registers to be initiated, because it adds a requirement on every single overseas territory, some of which do not have the technical ability to do so. However, I pay tribute to some of our OTs, which have already co-operated fully with tax authorities and legal authorities through the effective operation of the exchange of notes.

[Lord Alton of Liverpool (CB) [V]]

My Lords, in declaring my interests as vice-chairman of the all-party parliamentary groups on Hong Kong and the Uighurs, I too pay tribute to Bill Browder and warmly welcome the Foreign Secretary’s decision to use Magnitsky powers to target those who themselves use the United Kingdom as a bolthole for their money and families, while abusing human rights in their own jurisdictions. Returning to the questions of the noble Lord, Lord Collins, and the noble Baroness, Lady Northover, can the Minister say whether active consideration is now being given to adding Hong Kong’s Carrie Lam to the Magnitsky list, along with Chen Quanguo, the Communist Party secretary of Xinjiang, in addition to others named in a letter to the Minister of 24 January last, who stand accused of grievous crimes against Muslim Uighurs, Falun Gong and other minorities in China?

[Lord Ahmad of Wimbledon]

My Lords, first, I pay tribute to the noble Lord. He and I have often had long discussions about the importance of having such a regime. In paying tribute to the likes of Sergei Magnitsky, who ultimately paid with his life, I also pay tribute to the noble Lord for the work that he does within the human rights field. He asks specifically about China and Hong Kong. I am sure he will accept that I cannot speculate on who might be designated under the sanctions regime in the future. But as I have repeatedly said as Human Rights Minister, we have on many occasions set out deep concerns about human rights violations in both Xinjiang and Hong Kong. Most recently, we had a campaign with 27 countries backing our statement at the Human Rights Council on 30 June.

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

Her Majesty’s Government must be warmly congratulated on these measures. My noble friend has given such extensive replies to previous questions that I think he has already answered mine. However, can he reassure me that we will continue to work with other countries to ensure that those who commit human rights abuses will be held to account for their actions?

[Lord Ahmad of Wimbledon]

I can certainly give that full assurance to my noble friend.

[Lord Triesman (Lab) [V]]

My Lords, I join others in congratulating the Government on laying these regulations and in congratulating various people. I add my congratulations to the Minister because his work on human rights has been exemplary and I thank him for it.

Quite often, when people look at who should be sanctioned—the case of Jamal Khashoggi is a good example—the evidence may very well point to people much higher in those regimes. It may be inconvenient for trade or security or other reasons to say that those people will be subject to these sanctions, but if the direction leads to them, it would be very significant. Does the Minister agree?

Does the Minister also agree that some other kinds of assets should be considered? I was horrified when Thaksin Shinawatra, a human rights abuser on an industrial scale in Thailand, was able to buy Manchester City Football Club. That was a way of demonstrating his international purpose and presence. Again, that seems to be an area which the Government should consider.

[Lord Ahmad of Wimbledon]

My Lords, first, I thank the noble Lord for his kind remarks on my efforts in this regard, but it is something that has been worked on over many years and my own personal efforts fall to the side when we look at the commitment and ultimate sacrifice by the likes of Sergei Magnitsky, whom we have mentioned already, and Bill Browder, among others.

On the issue of senior people within Administrations and Governments, I think that that bis reflected in the designations we have made in the case of Myanmar, specifically with the generals, and, of course, I stress again the importance of the evidence base.

On other matters that the noble Lord raised as to what can be held within the scope of what tools are used, I make note of what he has said. I believe there are separations of certain things that are done in business, but we should also scrutinise decisions that we take very carefully and make sure that they do not fall foul of this new regime.

[Baroness Sheehan (LD) [V]]

My Lords, all too often I hear of the hardship caused by countrywide sanctions which hurt the poorest the most and hamper aid efforts, so I wholeheartedly congratulate the Government on striking a blow targeted against the evildoers. The Minister will know that the Intelligence and Security Committee will help enormously in expanding the list of individuals not currently designated. What is delaying is its constitution?

[Lord Ahmad of Wimbledon]

My Lords, I believe that that is going through due process and will be announced in due course. I do not think there is any major delay which I can talk to. On her earlier point, I think she is right. This is the beginning and the first level of designations and we will continue to look at future designations based on the evidence in front of us.

[Baroness Prashar (CB) [V]]

My Lords, like other noble Lords, I welcome this announcement and congratulate the Government on this initiative. As the noble Lord, Lord Collins, said, I hope that it will encourage a value-based foreign policy. I also welcome the fact that the regime will be kept under review and the Government are looking to expand it. Will the Minister please assure the House that the UK will make every effort not to shy away from applying the sanctions evenly and consistently when awkward or difficult situations arise, particularly when economic and trade interests are at stake and there is a danger of accusations of double standards?

[Lord Ahmad of Wimbledon]

My Lords, on the initial designations that we made, mention has been made of our trading relationship with the Kingdom of Saudi Arabia, yet we did not shy away from sanctioning individuals from that country.

[Lord Mackenzie of Framwellgate (Non-Afl) [V]]

My Lords, I too pay tribute to Bill Browder. I thank the Minister for presenting the Statement and, through him, commend the actions of the Foreign Secretary who has achieved his lengthy campaign to target laser-like those who torture, murder, disfigure and maim fellow human beings in the quest of power, corruption and cruelty. Will the Minister, who I know is committed to the same pursuit of human rights, assure the House yet again that Communist Party actors in China will be included in future additions to the list of those sanctioned? Will he also commit to applying sufficient resources to the tracing and tracking of ill-gotten assets in these cases?

[Lord Ahmad of Wimbledon]

My Lords, on the noble Lord’s final point, it is appropriate that the governance of such a scheme has the support it requires to make it effective. While I have already made a Statement on my opinion and the Government’s view on what is happening in China and Hong Kong, it is not appropriate to speculate on future designations.

On the noble Lord’s earlier point about the role of my right honourable friend the Foreign Secretary has played, I know that this has been a priority for him for a long time. Indeed, it was very much cross-party in the other place when it was initiated. I pay tribute to his personal efforts and have certainly seen since his appointment as Foreign Secretary the personal priority and effort he has put behind ensuring that the promise we made in our manifesto has come to life—today it has.

[Baroness Whitaker (Lab) [V]]

My Lords, the Foreign Secretary said that the United Kingdom will help the world in standing up for human rights. Will he also apply this very commendable aim to the United Kingdom’s conduct towards the dispossessed Chagossians, whose deportation the International Court of Justice agreed was unlawful?

[Lord Ahmad of Wimbledon]

My Lords, we have made our position on the British Indian Ocean Territory very clear. The ICJ decision was an advisory opinion which we do not agree with. The ICJ should adjudicate only where both parties have agreed to it. We believe appropriate support was provided at that time, although there were many shortcomings in the way that the Chagossian people themselves were treated, which we have also acknowledged. We wish to work in a progressive way with the Government of Mauritius on ensuring that we build a strong bilateral relationship.

[Lord Balfe (Con) [V]]

My Lords, can the Minister tell us to what extent the Government consulted with their opposite numbers in the EU in drawing up this list and to what extent they just informed them? In the case of additions and deletions to the list, will there be a structure in place for consulting or will it just be a case of informing?

[Lord Ahmad of Wimbledon]

My Lords, I have already said that we work and continue to work with our EU partners. The EU does not yet have a global human rights sanctions regime per se. The most effective regimes are when you work together, and that of course means sharing information and an evidence base, so we continue to work with our EU partners, as I have already said.

[Lord Chidgey (LD) [V]]

My Lords, I declare an interest as an associate founder of TI UK with whose assistance some years ago I put forward a Private Member’s Bill on corruption which in due course was subsumed into the Government of the day’s legislation.

Before Brexit, the UK was making progress within the EU with the member states on establishing global human rights sanctions. The Minister has already mentioned that he is working closely with some countries. The problem is that there needs to be a consensus in the EU to reach agreement, usually at the lowest common denominator. Can the Minister give us some idea of whether this global human rights initiative is going to accelerate that process or whether it will continue to be delayed?

I have one small point on Africa and extractive industries. Is the legislation that we introduced together with our colleagues overseas actually working? I am not sure that it is.

My final point is about the reaction in the United States where the American Secretary of State has commended the UK for its continued global leadership on the protection and promotion of human rights. Mark Landler of the New York Times is a little more circumspect about this, mentioning that the people on our list are already blacklisted in the US. What arrangements are the Government making with the US State Department jointly to expand the promotion and protection of global human rights?

[Lord Ahmad of Wimbledon]

My Lords, in the interests of time, on the noble Lord’s final point, we are working very closely with our partners in the US. I will write to him about extractive industries. On EU sanctions, some countries already have a national sanctions regime and the UK will continue to work with EU partners.

[Lord Dobbs (Con) [V]]

[Inaudible]—the Government have been able to—[Inaudible]—manifesto commitment the Conservative Party made. If it is to be effective, it must be sustained, consistent and co-ordinated. What are we doing to bring together the international definitions of fundamental terms such as “corruption” and “human rights abuse” so that we can ensure we are all singing from the same song sheet? Can the Minister be more specific and give a little more detail about what measures we are taking to co-ordinate the sanctions with other countries and relevant international organisations?

[Lord Ahmad of Wimbledon]

My Lords, in the interests of time I will write to my noble friend on the specifics, but I can assure him that there is co-ordination. We are working with international partners to ensure that the sanctions which are imposed in the UK are reflected by key partners, be they the Five Eyes or other EU partners.

[Lord Truscott (Ind Lab) [V]]

My Lords, my question on co-ordination with partners has been quite comprehensively answered by the Minister, so I shall move on to the second part of my question. What criteria are being applied before these sanctions are imposed? Are Her Majesty’s Government seeking to punish individuals or to achieve policy change?

[Lord Ahmad of Wimbledon]

My Lords, the regime is specifically about individuals. It is not taking issue with a country necessarily or the people of that country. This is looking at entities and individuals who commit abuses of global human rights. Specifically within the scope of the application, this means issues that we have talked about before, such as modern slavery, human trafficking, preventing sexual violence and freedom of religion. The consideration of these targets has been published as an information note and I commend it to the noble Lord.

[The Deputy Speaker]

My Lords, the time permitted for the Statement has now elapsed.

Hong Kong National Security Legislation

Lord Ahmad of Wimbledon Excerpts

Thursday 2nd July 2020 Lords Chamber

[Baroness Northover (LD) [V]]

My Lords, I thank the Minister for presenting this Statement. Hong Kong is in a terrible situation. The Government are right that the new security law constitutes a clear and serious breach of the joint declaration. We have obligations to assist, as a cosignatory to the joint declaration—a treaty lodged at the UN. Already, there have been arrests in Hong Kong, and we see peaceful activists withdrawing from political comment, in fear.

In 1997, Hong Kong represented about one-third of China’s GDP. Now that is only 3%. We may see a thriving territory—the gateway to China—but China’s rise, and therefore the relative decline in Hong Kong’s significance, shows loss of leverage. I therefore commend the Government for their actions, given China’s economic and political dominance. But that makes it even more essential that international law is respected.

I welcome the proposals to grant BNOs and their dependants the right to live here, and to work or study, with a path to citizenship. However, this still leaves behind many young people who have been at the heart of protests and are therefore particularly at risk. Will the Government extend their offer to all Hong Kongers? What steps will the Government take to ensure that BNOs can leave Hong Kong to take up the Government’s offer if they feel the need to do so? Will the UK provide them consular protection? What liaison has there been with Carrie Lam’s office to ensure that those arrested will be immediately released, given that she emphasises that the new law does not crack down on freedom of expression? What steps are the Government taking to ensure that Hong Kongers in the UK or British citizens and British-based businesses will not be targeted? What is happening in relation to the proposed UN special envoy for Hong Kong to monitor human rights there? Are we looking at the Magnitsky sanctions in relation to human rights abuses there?

Does the Minister know if British judges on the Hong Kong Court of Final Appeal feel that they can continue, and what might be the future for Taiwan? I am very glad to hear in the Statement of the report of the UN Council on Human Rights about the situation both in Hong Kong and Zhenjiang. Reports of the treatment of the Uighurs are horrifying. Can he say whether full consideration has yet been given to the China tribunal’s conclusions about forced organ harvesting? I note that the countries which supported us in that statement to the Human Rights Council are largely European, but notably not all EU countries, together with Australia, New Zealand and Canada. There are no Asian, African or Latin American countries, unless you count Belize in Central America and one Micronesian island. There is no widespread support from the Commonwealth, which clearly is not going to replace the EU as a supportive bloc for us and the rules-based order. Does he worry about those omissions, bearing in mind the heavy Chinese engagement in many regions of the world?

This is a dangerous time for Hong Kong and I am very glad that we are offering the refuge that we are, although that loss to the territory further damages Hong Kong itself. But wider than that, China’s actions are immensely worrying for future global relations and the rules-based order. There are indeed so many issues that must be faced together, including, of course, climate change.

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

My Lords, I thank the noble Lord, Lord Collins, and the noble Baroness, Lady Northover, for their support for my right honourable friend the Foreign Secretary’s Statement. As my right honourable friend has said previously, we delivered on what we hoped we would not have to deliver, as a consequence of the decision taken to impose this new law on the people of Hong Kong. As both the noble Lord and the noble Baroness acknowledged, this is a breach, and my right honourable friend the Prime Minister and the Foreign Secretary have both been clear, during Prime Minister’s Questions and the Statement yesterday in the other place, that this does represent a breach of the “one country, two systems” agreement, which has been signed. As the noble Baroness, Lady Northover, reminded us, it has status because it has been deposited within the context and the confines of the United Nations. Moreover, it is also a breach of China’s own Basic Law for Hong Kong, as it contravenes the scope of Article 23.

I turn now to some of the specific questions, points and observations made by the noble Lord and the noble Baroness. I say first to the noble Lord, Lord Collins —I know that the noble Baroness, Lady Northover, agrees with this, as do we all—that China has an important role to play in our current international system and in the context of the United Nations. Further, as I have acknowledged from this Dispatch Box, it is also playing an important role in meeting the challenge of the Covid-19 pandemic. It has assisted many countries in procuring, for example, ventilators and PPE equipment. We acknowledge that, and I know that that view is shared by the noble Lord and the noble Baroness.

The noble Lord, Lord Collins, alluded to the importance of addressing climate change. China will be hosting an important conference next year, as will we at COP 26. It is important that we work together, because while the focus of the world has rightly been on the Covid-19 pandemic, one should not forget for a moment the challenges posed by climate change. Addressing these issues without China’s direct engagement will not result in the success from a global perspective that we all seek. However, I repeat what I have said previously: we are clear-eyed in our Statement, and regarding our relationship with China. China is a key partner for us in many areas. However, as this issue, on which we disagree very strongly, has illustrated, we carry a special responsibility when it comes to Hong Kong, as yesterday’s announcement again confirmed.

The noble Lord, Lord Collins, asked who will be eligible under the announcement that has been made. As I mentioned in your Lordships’ House a few days ago, we estimate that some 2.9 million people will be eligible. That includes those who currently have BNO status, those who would qualify for BNO status if they applied for it and, of course, their dependants. That will be applied universally.

The noble Baroness, Lady Northover, asked about other young people. Looking at the media reports and current reporting, it was deeply concerning that only yesterday, as soon as the law came into effect, a number of individuals were detained under its provisions. We have already relayed these concerns: yesterday the Chinese ambassador to the UK was summoned to the Foreign Office and met the PUS, and we asked specifically about China’s intent in terms of the implementation of the new law, particularly under certain key sections. We will continue to keep that very closely monitored and under review. Of course, if people seek to apply for asylum in the United Kingdom, their applications will continue to be looked at on their merits.

I speak as a Minister but also in a role which both noble Lords know that I take very seriously—that of a human rights Minister. In our country’s history we have long been supportive of those who have spoken out against oppression around the world. That should be the case today—and I am proud to say that it is—and it should be the case in the future as well.

The noble Lord, Lord Collins, and the noble Baroness, Lady Northover, both touched on the important issue of the Magnitsky global human rights regime and sanctions regime. I wish I could provide a specific answer to the noble Lord, Lord Collins, but I reassure him once again that we are looking to introduce the new regime very shortly. There are procedures and timings to go through but, as I have said to the House, it will certainly be before the Summer Recess and, as a sanctions Minister, I have been closely involved in progress in this respect. I pay tribute to my right honourable friend the Foreign Secretary, who I know has taken a very personal interest in this particular issue and is seeking to bring it forward at the earliest opportunity.

The noble Baroness and the noble Lord asked about work within the UN. As a human rights Minister, I was directly involved in working with the 27 countries, including the United Kingdom, which signed and supported the statement that our ambassador delivered at the UN Human Rights Council. It covered—as the noble Baroness rightly acknowledged—not only the situation in Hong Kong but the appalling situation suffered in particular by the Uighurs in Xinjiang. We will continue to raise that issue with partners.

The noble Baroness asked about key partners. I have just come from a virtual meeting of the UN Security Council, which looked specifically at the importance of peace and securing peace in the context of the Covid crisis. The meeting was chaired by our German partners, and I was pleased to attend on behalf of the United Kingdom. We continue to work with our European partners, as well as others, in support of human rights, the rule of law, standing up for obligations and media freedom—again, a point mentioned by noble Lords.

The noble Baroness rightly mentioned her concerns about working through the context of the Commonwealth and other alliances. We continue to do so and need to do more; I fully acknowledge that. We need to make a very strong case on the premise of human rights and continue to make the case for upholding and strengthening the international rules-based system.

Coming back to my original point about the relationship with China today, China has, and is playing, an important role on the world stage. It also has international obligations on the world stage. We will continue to remind China of those obligations and to work together where our interests are aligned positively, in areas such as Covid-19 and climate change. However, this will not prevent us raising our deep concerns about the human rights situation in mainland China and, of course, the recent announcement made by the Chinese authorities on the new law for Hong Kong.

We therefore again appeal to the Chinese authorities to reconsider their approach, but in the interim we have now embarked on a particular route, and my right honourable friend the Home Secretary will be coming forward with further details of the announcements and operation of the new scheme. I am sure both noble Lords have seen the details of what we have announced thus far, and that will ultimately lead to a pathway to citizenship.

The noble Baroness, Lady Northover, also asked about British judges. That is an important point because, under this law, the appointment of those judges has switched. It has gone from the Chief Justice to the Chief Executive. We believe that that upholds neither the principles of China’s basic Hong Kong law nor the spirit and details of the agreements that we have signed, including the joint declaration. That is therefore a worrying development; we will look at it closely because other announcements have been made as part of it, including on setting up local committees to look at the enforcement of the law. Again, we believe that that goes directly against both elements of the joint agreement and China’s basic law for Hong Kong.

I assure the noble Baroness and the noble Lord that we will continue to work actively on the world stage. They asked about the UN rapporteur. In that regard, let me assure them that my right honourable friend has very much led from the front on this issue. I pay tribute to his efforts, particularly at the G7. As I said, we have worked closely on securing support with 26 other countries that, like us, are on the Human Rights Council. As my right honourable friend the Foreign Secretary said, if we need to explore further diplomatic routes, we will continue to do so.

[The Deputy Speaker (Lord Alderdice) (LD)]

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.

[Baroness Anelay of St Johns (Con) [V]]

My Lords, what analysis have the Government made of the implications of Article 38 of the new law for all of us in the UK? It appears to imply that if a non-Hong Kong resident travels to Hong Kong, either as a tourist or on business, they could face prosecution there for things that they had said or done legally in the UK.

[Lord Ahmad of Wimbledon]

My Lords, my noble friend is right to raise this issue, which was part of the Permanent Under-Secretary’s discussions with the Chinese ambassador. Does this apply just to those with non-resident status in Hong Kong, or does it apply not just to those people who have travelled elsewhere in the world but to everyone? That has not been made clear and we will continue to seek that clarification. We outlined those concerns in our meeting with the Chinese ambassador yesterday.

[Lord Carrington (CB) [V]]

My Lords, in announcing the decision on BNO passports, what consideration has been given to the likely Chinese reaction? I believe that there is a provision in an annexe to the joint declaration stating that BNOs will not have the right of abode in the UK. What happens if China retaliates by removing some of the Hong Kong rights of BNOs on the basis that they can no longer be considered citizens of Hong Kong? This is scarcely a comfort to those who wish to continue to work and live in Hong Kong.

[Lord Ahmad of Wimbledon]

My Lords, what has happened through the announcement by the Chinese is a breach of the joint declaration.

The noble Lord is correct to say that the BNO status made provisions specifically for those who would stay resident in Hong Kong. Within that, special provisions were granted that would allow them to visit the UK without visa access, but the joint declaration has been breached. We have always retained that we have an obligation to those with BNO status and those who are eligible for that status. We are now carrying out measures and have made announcements to that effect to support them. For those who wish to come to the UK, there is a pathway to citizenship. They must go through due process, meaning that, after their arrival, they will be given leave to remain. Importantly, they will have the right to remain and work in the United Kingdom. After the five-year period, they will be allowed to embark on a route to citizenship. That is the right thing to do; it is within our obligations to the people of Hong Kong.

As to what the Chinese reaction will be to that, we implore them to recognise that Hong Kong has a special status. It has served the Chinese and the global community well. We should seek to retain the freedoms and liberties that it has enjoyed since the signing of that agreement.

[Baroness Goudie (Lab) [V]]

My Lords, I thank the Foreign Secretary for his Statement yesterday. There have been two deeply disturbing and related developments in Hong Kong in the past few days. One has been the police brutality against pro-democracy protesters. The United Kingdom must lead an international inquiry into that police brutality, as the pepper spray and the arrests have a chilling effect on democracy. The second adverse development is the adoption of the so-called national security legislation under which the arrests were made. This is a breach of the joint declaration. It is an assault on peaceful protest and human rights. There is to be a sinister national security office, run from the mainland; the independence of the judiciary is undermined; and the chief executive is not the chief justice but will select the judges for the cases alleged to concern national security. This is deeply worrying.

[Lord Ahmad of Wimbledon]

My Lords, I agree with the noble Baroness. I have covered many of the points she has raised, and it will be suffice to say for the record that I agree with many of her concerns. Let me assure her that we are raising this with partners, looking at how we can collaborate and concentrate support, and bilaterally with the Chinese Administration directly.

[Lord Jones of Cheltenham (LD) [V]]

My Lords, I was in Hong Kong in 1989 when the Tiananmen Square massacre happened, and I saw panic everywhere. Why do we not, with our international partners, offer residency to all Hong Kongers?

--- Later in debate ---

[Lord Ahmad of Wimbledon]

My Lords, as part of the agreement we signed, special status was granted through the BNO route. We have made an offer respecting, regarding and upholding our obligation to them. However, there are many people who love Hong Kong and will want to remain there. That is why it is important that we continue, in parallel, to implore the Chinese authorities to create the conditions so that all Hong Kongers who wish to, irrespective of whether they qualify for BNO, can remain and prosper in Hong Kong.

[Baroness Helic (Con) [V]]

My Lords, I thank my noble friend for his answers so far. History teaches us that when you have two autocratic regimes, as we now have in China and Russia, the only way for there to be some balance in the world is for western democratic nations to join together. Will my noble friend tell the House what concrete steps his department has taken to bring this kind of coalition about?

[Lord Ahmad of Wimbledon]

My noble friend is quite right to raise this issue. We continue to work through the UN Security Council, where, as she may know, this issue was specifically discussed in May. As I have already alluded to, we have discussed and agreed a statement this week in the context of the UN, through its Human Rights Council. There is also the statement and support that we have received from the G7. It is important that democracies come together. We will continue to work in this regard to ensure that the UK fulfils its obligations to those in Hong Kong, while respecting that we still believe that the agreement signed should remain in force for the period intended, which was 50 years.

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

My Lords, does this welcome BNO announcement include the 64 Hong Kong Military Service Corps veterans who applied for right of abode in March, and who, with other corps veterans, have had applications under active consideration in the Home Office for over five and a half years, without a decision? Does the Minister agree that these loyal veterans who served in Her Majesty’s Armed Forces deserve priority approval now, and that their wish for a full British citizen’s passport, which other corps veterans received before 1997, should be met?

[Lord Ahmad of Wimbledon]

My Lords, I agree with the noble and gallant Lord about the importance of this. I am sure I speak for all noble Lords in paying tribute to those who have served our country and fought for it so bravely. Since the last time we discussed this matter, I have asked for a specific update from the Home Office; I will write to him specifically on the 64 corps members he has mentioned. On the wider issue of prioritisation, as I said earlier, BNO status is granted to all those who qualify, which is 2.9 million, irrespective of their status—the issue of salaries was raised previously—or what they may do. This is open to everyone, and that process will be announced in detail by my right honourable friend the Home Secretary.

[Baroness Warwick of Undercliffe (Lab) [V]]

My Lords, the Statement is clear that it will not be possible for the UK alone to persuade the Chinese Government to respect their international commitments—a much broader coalition is needed. The Minister said something about the next steps for the work being done with the UN, the EU and other partners to achieve co-ordinated pressure on China: will he say something more about the timeframe? The Statement emphasises that a constructive relationship with China remains essential. China is the UK’s third most important collaborative research partner; it ranks ninth as a destination for UK students studying full degrees abroad; and a quarter of our international students are from China. Does the Minister agree that in standing up, as we are and we must, for the freedoms of Hong Kong, we must take care also that we do not stoke Sinophobia in the UK?

[Lord Ahmad of Wimbledon]

I totally agree with the noble Baroness’s concern. It is important that we value the incredible contribution of all our communities to the United Kingdom’s progress and prosperity, and the British Chinese community is reflective of that ambition and contribution. On the issue of further work within the international arena, as I already alluded to, we are exploring what more can be done. We have achieved a great deal in the time. The noble Lord, Lord Collins, talked about a strategy. I believe, having looked at this brief very closely, that, domestically and internationally, we have had a strategy in place, and we will continue to apply that pressure. The diplomatic channel remains open with China and we will continue to work with China bilaterally to raise these issues as well.

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

My Lords, the offer to BNO passport holders and citizens is welcome, but for those who do not have passports—about nine in 10 of those who are eligible—what mechanism is in place for the Government to recognise them if they come and seek to take up residence in the United Kingdom?

[Lord Ahmad of Wimbledon]

My Lords, I believe I have already addressed this issue. The route, or the programme which has been announced, is specifically for those who currently hold or qualify for BNO status and their family dependents. As to others, each case will be looked at on its merits. If someone comes to the United Kingdom, from wherever they may be in the world, and seeks sanctuary or asylum in the United Kingdom, that case will be looked at on its merits.

[Lord Balfe (Con) [V]]

My Lords, I notice that the terms for people from Hong Kong are considerably better than those we are affording to EU citizens, many of whom have lived here for years. Will there be any salary threshold applied to new migrants who wish to come here, and will we treat them more favourably than EU citizens who are already here?

[Lord Ahmad of Wimbledon]

My Lords, I am sure my noble friend will recognise that the situation faced by those who are eligible for BNO status or have BNO status—or, indeed, Hong Kongers more generally—is markedly different from the situation faced by EU citizens, and therefore it is right that we have a specific scheme, as we said we would, for BNOs specifically.

[Lord Truscott (Ind Lab) [V]]

My Lords, will the Minister convey to the Chinese authorities that, while they may unilaterally repudiate the Sino-British joint declaration, which has the force of an international treaty, the result will be that no one will ever take the Chinese at their word again, whether over Huawei or anything else?

[Lord Ahmad of Wimbledon]

My Lords, I assure the noble Lord that we have reminded China of that obligation. As I said, China has an important role on the world stage and needs to recognise that, if it breaks its word, it may not have the trust of the international community in future treaties, obligations and agreements that have been signed. That is a matter for China to consider very carefully.

[Lord West of Spithead (Lab) [V]]

My Lords, I welcome the Government’s Statement but we must tread very carefully. There is no doubt that events have seriously damaged the current economy of Hong Kong and its future prospects. China is building up and strengthening other financial centres to outshine Hong Kong and, although the PRC had hoped that making the Hong Kong system a success would attract Taiwan, it now does not seem to care about that. China needs to be confronted by a united and cohesive group of nations if there is to be any hope of persuading her to be a respectable member of the world community and possibly even to listen on matters concerning civil rights.

China’s recent behaviour on the international stage is a cause for concern; indeed, Australia is so concerned that it has just increased defence spending dramatically. Urgent action is needed. Does the Minister agree that we should, for example, encourage the largest possible number of nations to recognise Taiwan; set up a new south-east Asia treaty organisation on the sort of scale that we did with NATO in 1949 to confront the Soviet Union; and work with our allies, possibly through UN auspices, to review all trading links with China, ensuring that she acts legally in terms of market access, compliance with UNCLOS, the use of cyberspace and so on?

[Lord Ahmad of Wimbledon]

My Lords, there were several proposals there. Specifically on Taiwan, our position has not changed. We believe that the autonomy Taiwan enjoys needs to be protected, but equally it is for those on both sides of the Taiwan Strait to reach an agreement. On the noble Lord’s wider issues, we recognise, as I said at the start, that China has an important role to play on the world stage. Now is the time for China to show that it wishes to do so, but we will always make the case on human rights internally in China as well as standing up for those in Hong Kong.

[Baroness Ludford (LD) [V]]

My Lords, I too want to ask about Taiwan. It is anticipated that many Hong Kong residents, including those with BNO status, might wish to go to Taiwan. What further support and indeed recognition are the Government contemplating offering to the state and Government of Taiwan, whether to support them specifically in accommodating Hong Kong residents or more generally?

--- Later in debate ---

[Lord Ahmad of Wimbledon]

I believe I have answered what the Government’s position is. I add that when it comes to important issues such as Covid-19 we therefore support Taiwan’s participation in international organisations where it can contribute to the global good. Nationhood is not a prerequisite for that, and a good example is its participation in the World Health Organization.

[Lord Robathan (Con) [V]]

My Lords, I commend the Minister in particular and the Government in general for their resolute stand and action on this hugely difficult issue. The message needs to get to the people of China, beyond the Government, that the Chinese Government are breaking international agreements and behaving badly; there is nothing Sinophobic in saying that. I suggest to my noble friend that we look at either restricting or ending visas for the tourists, students and businesspeople who come here. That may cost our universities and tourism some money but it is necessary to send a message to the Chinese people, particularly the growing middle class in China, that their Government are behaving incredibly badly.

[Lord Ahmad of Wimbledon]

China, Chinese culture, Chinese people and Chinese business have played an important role globally and will continue to do so. Our challenge is not with the Chinese people but with the Administration in Beijing, and we will continue to make that case very forcefully. China continues to make important contributions. We have always welcomed Chinese students to the UK, and I believe that that has been a positive thing for both countries.

[Lord Mackenzie of Framwellgate (Non-Afl) [V]]

My Lords, I thank the Minister for presenting the Statement. As the Chinese Communist Party breaches international law by putting an end to freedom and democracy in Hong Kong, together with its harvesting of human organs from political prisoners and the sterilising of Uighur Muslim women in China, will the Minister give a further assurance to the House of serious consequences for the leaders of the Chinese Communist Party, perhaps eventually by using the Magnitsky legislation? Does this not put the final seal on the involvement of Huawei in the development of 5G mobile technology in the UK?

[Lord Ahmad of Wimbledon]

My Lords, I assure the noble Lord that we will continue on all fronts to look at the human rights situation in China with respect to the points that he has raised. I have seen directly through diplomatic engagement that China does take notice of the international statements that we make through the UN system and the concerns that we raise bilaterally, and we will continue to do so. On the Huawei issue specifically, I know that colleagues in the digital department will respond in due course, but our position has always been clear: we want to protect our networks, and appropriate security measures are in place to do just that.

[Lord Hain (Lab) [V]]

My Lords, given that the Minister has confirmed that its oppressive actions over Hong Kong are in direct breach of international law, will the Government now join our European Union allies in bringing China before the International Court of Justice?

[Lord Ahmad of Wimbledon]

We are working with international partners but, as the noble Lord will be aware, the ICJ requires the agreement of both parties, and in this case I am not sure that the Chinese authorities would agree to an ICJ intervention.

[Lord Cormack (Con) [V]]

Will Her Majesty’s Government urgently convene an international conference of democracies to seek to persuade the Chinese that they will never be part of the civilised community of nations if they treat their own people abominably and abrogate international treaties into which they willingly entered?

[Lord Ahmad of Wimbledon]

My Lords, in my view, we already have the vehicles for that kind of direct engagement with China, not just through democracies but through the UN system. We will pursue those avenues. On the wider issue of human rights and the obligations of any Government, wherever they are in the world, how you treat your own citizens is an important test to determine how you behave internationally. The concerns we have had with the Uighur community in particular, as well as with other minority communities in China, are well documented. We will continue to raise those concerns through international for a, including the Human Rights Council.

Korea

Lord Ahmad of Wimbledon Excerpts

Tuesday 30th June 2020 Lords Chamber

[Lord West of Spithead]

To ask Her Majesty’s Government what assessment they have made of the situation on the border between North Korea and South Korea; and what residual responsibilities they have, if any, in relation to the 1953 Korean Armistice Agreement.

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

My Lords, we are concerned by North Korea’s recent confrontational rhetoric and actions. We urge North Korea to act responsibly when dealing with South Korea and the international community. The UK works multilaterally and with partners to seek peace and prosperity for the Korean peninsula, and we are an active member of the United Nations Command, which continues its important work to maintain the armistice agreement.

[Lord West of Spithead (Lab) [V]]

I thank the Minister for his Answer. Seventy years ago this Friday, HMS “Triumph” and an American carrier made the first carrier strikes against North Korean airfields. This was only five days after Prime Minister Attlee agreed that Britain could operate with the US on behalf of the UN, proving once again the versatility of carrier strike and that prompt, resolute action against an aggressor ensures the survival of free and democratic nations. The war lasted three years, with 3 million deaths, and an armistice was signed but there was no peace treaty.

With the failure of President Trump’s three on one high-profile summits, North Korean aggressive statements, the blowing up of the joint liaison ops in Kaesong, renewed missile testing, threats to remilitarise the border, et cetera, is the whole peace process now lost or is there hope? Have the UK Government tried to bring the parties back together, using our membership of the Military Armistice Commission as a lever? Does the Minister agree that worsening US-China strategic competition in the post-coronavirus era will make negotiations on North Korea’s denuclearisation, which is the key to a peace agreement, more difficult?

[Lord Ahmad of Wimbledon]

My Lords, the noble Lord summarises the situation very well. The challenges are immense, not least given the current and most recent actions taken by the North Koreans, including blowing up the building where negotiations were continuing to take place on a daily basis. We remain positive about the need to seek resolution to this issue, which has gone on for far too long. We continue to support American efforts in this regard, including support given to the US and the South Koreans on a recent statement issued, and we implore all sides, including those who support the North Korean regime, to ensure that both North Korea and South Korea can resume their discussions, which had borne fruit in certain respects.

[Lord Triesman (Lab) [V]]

My Lords, the armistice agreement, which was signed by an American lieutenant-general, was of course signed on behalf of the United Nations Command. The period since then has been punctuated by hostile provocations, which have occurred on both sides although it is much easier to see the absurdity of the North Korean regime, its bellicose nuclear threats and its recent actions, including blowing up the building. It is true that there has been fault on both sides, including the United States’ abrogation of paragraph 13(d) of the agreement in 1956.

I wonder whether, as a permanent member of the United Nations and—

--- Later in debate ---

[Lord Ahmad of Wimbledon]

My Lords, the noble Baroness is right to draw attention to the situation in North Korea on both the humanitarian and human rights front. Yes, the challenge remains to understand what support we can provide. Although we of course support sanctions, she will be aware that humanitarian support continues to be delivered through the UN avenues. We called on North Korea to make an assessment of its situation domestically on Covid-19 and allow support to its citizens.

[Lord Robathan (Con) [V]]

My Lords, as the Minister has acknowledged, the Korean War never really ended in 1953; indeed, it is still going on, with the actions from an erratic and hereditary autocrat who may or may not have nuclear weapons and the means to deliver them. The Minister mentioned support to allies. It is important that, when we support allies in the region and fellow democracies such as Japan and Australia—and, indeed, down in the South China Sea —we have the means to support them. I fear that we need to look closely at how much we are spending on defence, not because we want some conflict with North Korea—or, indeed, anyone else in the region—but because we must be taken seriously by countries such as North Korea.

[Lord Ahmad of Wimbledon]

My Lords, let me assure my noble friend that we take our role as part of the UN Command very seriously. Most recently on the specific issue of deployment and support, the Royal Navy deployed ships to the north-east Asia region in 2018, through HMS “Sutherland” and “Albion”, and in 2019, as my noble friend may be aware, through HMS “Enterprise”.

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

The APPG on North Korea would particularly like to ask the Minister about two issues. First, what assessment has been made by our ambassador in Pyongyang of the widespread reports of food insecurity, even famine? Secondly, is anything known about the size of any listening audience to the BBC World Service’s Korean service and whether it is in fact helping to break the information block?

[Lord Ahmad of Wimbledon]

My Lords, I will write to the noble and right reverend Lord on his second question. On his earlier question, we retain a mission, of course, but as he may be aware, we drew that down due to concerns around the Covid pandemic; we are working to restore the ambassador to North Korea at the earliest opportunity. As I said in response to an earlier question, the situation on the humanitarian front remains very dire within North Korea.

[Lord Collins of Highbury (Lab)]

My Lords, this is a dangerously escalating situation and the noble Lord has mentioned our acting multilaterally. However, the two key players in this are obviously the US and China. What direct contact have we made with both of those players to ensure that we move to de-escalation? Also, I read in the FT recently that we would be targeting by using the Magnitsky powers in relation to North Korea. Before the Recess, the Minister promised that those statutory instruments would be put before us. Can he give an update of when that will be, because obviously this situation demands urgent action?

[Lord Ahmad of Wimbledon]

My Lords, I can assure the noble Lord that we continue to work to ensure peace on the peninsula. He is quite right to say that both the United States and China have a key role to play. We continue to liaise with both nations bilaterally and, more importantly, through the Security Council. On his second point about Magnitsky sanctions and the regime, as I said earlier, we are proposing to bring those forward before the Summer Recess, and we are in the final stages of doing that now.

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

My Lords, the Minister has talked about the Government supporting sanctions but also about providing humanitarian aid. What assessment have the Government made of the relative balance between the two in the context of North Korea?

[Lord Ahmad of Wimbledon]

My Lords, the sanctions are not targeted against the North Korean people, and we will continue to support delivery of humanitarian aid to the most vulnerable in that country. Denuclearisation will assist in that respect.

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

My Lords, what is the Government’s assessment of the likely success of the US negotiation strategy of maximum pressure based on “denuclearise first, reward later”, including the effectiveness of the UN sanctions and their impact on North Korea’s humanitarian crisis?

[Lord Ahmad of Wimbledon]

My Lords, I believe that I have partly answered the question put by the noble Lord already. On the specific issue of the US sanctions, the US is demonstrating patience and has adopted a sense of willingness in its approach, although success is not guaranteed. Enforcing sanctions which have been agreed unanimously in the UN Security Council in response to North Korea’s nuclear ballistic missile testing does help to create the conditions to incentivise change on the part of North Korea, while of course keeping the humanitarian corridor open.

[Lord Sheikh (Con) [V]]

My Lords, following the invasion of South Korea by North Korea, 16 UN member nations, including the United Kingdom, sent fighting units to the peninsula under the auspices of the United Nations—we sent more than 100,000 servicemen. The United Nations command provided core military strategic direction. Subsequently, the UN has passed resolutions and applied sanctions. In 1953, an armistice agreement was signed, but no formal peace agreement has ever been signed. Recently, the situation in North Korea has deteriorated. I would like to ask my noble friend the Minister if the UN can play a more active role in achieving peace. Can we influence this in any way?

[Lord Ahmad of Wimbledon]

My Lords, we continue to implore that we work with the UN Security Council in pursuit of that objective.

[Lord Kilclooney (CB)]

My Lords, I have visited the Republic of Korea and gone to the 38th parallel, but it was one of the most scary experiences that I have had in my life. The Republic of Korea is a stable, democratic country, and we have a responsibility to support it. Will Her Majesty’s Government raise the threats being made by North Korea at the United Nations Security Council in an effort to get both Russia and China to help calm the North Koreans?

[Lord Ahmad of Wimbledon]

My Lords, the noble Lord has raised an important point. I believe that it is through the UN Security Council, as I have just said in response to my noble friend Lord Sheikh, that will provide the real route for North Korea to come back to the table and to continue with its denuclearisation and demilitarisation effort. That will bring more stability to the Korean peninsula but to the wider world as well.

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

My Lords, the time allowed for this Question has now elapsed. That concludes the Hybrid Proceedings on Oral Questions.

China

Lord Ahmad of Wimbledon Excerpts

Monday 29th June 2020 Lords Chamber

[Baroness Falkner of Margravine]

To ask Her Majesty’s Government what plans they have to reassess their relationship with the government of China.

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

My Lords, as I updated the House on 17 June, our approach is already rooted in our values and strategic interests. When engaging China, we stand up for our principles, including international law, human rights and national security. We want a mature relationship, which means collaborating where our interests align, being clear where they do not and working to resolve our differences.

[Baroness Falkner of Margravine (Non-Afl)]

My Lords, first, I pay tribute to Sir Simon McDonald as he stands down from the FCO. He has been a remarkable leader and an exceptional head of our foreign service, and I wish him well in his future roles.

There is a pattern in Chinese policy, which is increasingly assertive towards countries which do not bend to its will—take the experience of Australia, Sweden, Norway, France or even ours over Hong Kong. Does the Minister agree that as the international environment changes, the UK, too, needs to be clearer with China about engaging constructively where we can but taking a clear and united stand with our allies where our interests diverge from China’s? History tells us that statecraft and ambiguity are not always the best bedfellows.

[Lord Ahmad of Wimbledon]

My Lords, first, I fully align myself with the sentiments the noble Baroness expressed about Sir Simon. He had a very distinguished career in the Foreign Office. On a personal level, he has been an excellent Permanent Under-Secretary and guided me through my early days as a Minister and continues to do so to this date.

On the noble Baroness’s point about the approach of having a balanced relationship with China, calling out Chinese activities, whether it is on Hong Kong or the situation as we see it in Shenzhen, we have done so. I agree with her comments in that respect.

[The Lord Bishop of Coventry]

My Lords, with Christian pastors made to preach on patriotism as a condition for restoring worship after Covid-19, the new ethnic unity law to sinicize Tibetan Buddhism, and reports of birth control forced on Uighur Muslims, does the Minister accept that firm, co-ordinated international effort is required to challenge Beijing’s abuses of its religious minorities and that such human rights abuses should not be overlooked in our trade negotiations with China?

[Lord Ahmad of Wimbledon]

My Lords, I agree with the right reverend Prelate. As he will be aware, in international fora such as the 43rd Human Rights Council in March, we have made our position very clear. He also raises the importance of working with international partners in this respect, and we have done so on the situation with the Uighurs, as we have with the situation in Hong Kong.

[Lord Hayward (Con) [V]]

My Lords, there is a litany of cases, whether concerning international relations or human rights, where China’s contribution to the world is going backwards. In the past 12 months, is there any aspect of international relations with the Chinese that has actually got better rather than worse?

[Lord Ahmad of Wimbledon]

My Lords, in the current pandemic, I have deliberately used the phrase “the interdependency of humanity” when we have seen the response on Covid-19. We have worked very closely with China, particularly on the procurement of equipment such as PPE. We continue to work closely as we prepare for COP 26 next November. Both countries, the United Kingdom and China, will be hosting international events in this respect, and collaboration is important.

[Lord Boyce (CB) [V]]

My Lords, while agreeing on the need to establish a sound relationship with China, does the Minister agree that it is of the utmost importance that we continue to exercise most robustly, through the Royal Navy among others, our right to freedom of navigation on the high seas in those waters of the South China Sea illegally claimed by China to be its own, in contravention of the United Nations Convention on the Law of the Sea? Incidentally, that contravention was once again highlighted last Friday at the south-east Asian leaders conference.

[Lord Ahmad of Wimbledon]

My Lords, I agree with the noble and gallant Lord. Our position on UNCLOS and the South China Sea, working with other allies in the region, is very clear. We call on China to respect international law in this respect.

[Baroness Warwick of Undercliffe (Lab) [V]]

My Lords, the approval by China’s National People’s Congress of the new national security laws for Hong Kong was immediately followed by worldwide condemnation. However, the Guardian reported that the National People’s Congress standing committee is currently holding a three-day deliberation and the law is expected to pass tomorrow. So China is clearly not standing down. Given the Prime Minister’s offer on 3 June that any Hong Kong citizen eligible to apply for a British National Overseas passport would have the right to live and work in the UK—although that has not been fully corroborated by our Foreign Secretary—how many might qualify for visas and how many will be allowed to claim full citizenship?

[Lord Ahmad of Wimbledon]

My Lords, the noble Baroness is quite right. The standing committee is currently debating this very issue and the decision is awaited. On BNOs, the Prime Minister has been very clear. I am sure that the noble Baroness also saw his article at the beginning of this month, where he made it clear that anyone eligible for BNO status—which is the larger number of more than 2.9 million people—would qualify for citizenship.

[Baroness Northover (LD) [V]]

My Lords, with which countries is the United Kingdom working to counter China’s threats to Hong Kong, Taiwan in the South China Sea and elsewhere, and how is that progressing?

[Lord Ahmad of Wimbledon]

My Lords, as the noble Baroness will be aware—I am sure she follows this—we have worked very closely with our European allies, including the likes of Germany and France. Allies remain allies: the noble Lord may not agree with me, but they do. We will continue to work also with others in the region. An earlier question pointed at the South China Sea. We work with other key partners, including the likes of Australia.

[Lord Robathan (Con) [V]]

My Lords, we are now faced with an authoritarian and expansionist regime in China, which is buying up Africa and elsewhere, and threatening our ally Australia, as we heard, and others. It is threatening Australia for the temerity of asking for an independent inquiry into Covid-19. We have to live with China, but we need to sup with a very long spoon. Will Her Majesty’s Government stand resolute with Australia, Hong Kong and others against the threatening and bullying behaviour of the Chinese regime?

[Lord Ahmad of Wimbledon]

My Lords, as my noble friend will know, we are very clear-eyed in our relationship with China. He points out the important relationship that we have with the likes of Australia. We stand with Australia. It is a key partner through security and other, wider strategic interests in the region. He also mentioned Hong Kong. I have made the Government’s position on that quite clear.

[Lord Alton of Liverpool (CB)]

My Lords, following the question asked by the noble Baroness, Lady Warwick, what are we doing to support the seven United Nations special rapporteurs who last week expressed serious concern that Beijing’s new security law fails to comply with international human rights law? Do we regard that new security law as a formal breach of the Sino-British joint declaration?

[Lord Ahmad of Wimbledon]

My Lords, in answer to the noble Lord’s second question, we have made our position quite clear: it is a breach of that agreement, as well as a basic breach of Hong Kong’s own laws. On working in the UN and supporting what it is doing, he will be aware that we raised the issue at the UN Security Council on 29 May and continue to work with international partners on the issue of Hong Kong.

[Lord Collins of Highbury (Lab)]

My Lords, the final report of the independent tribunal into forced organ harvesting in China described the practice as a crime against humanity. Last July, the Minister shared my concern that the evidence on which the WHO cleared China was based on self-assessment by China. What is the Government’s assessment now of the tribunal’s full report and what has been the result of the United Kingdom’s representations to both the WHO and the Chinese authorities?

[Lord Ahmad of Wimbledon]

My Lords, the noble Lord is quite correct: the final report was issued on 1 March, and we noted that the testimonies added to the growing body of evidence about the disturbing situation that the Falun Gong practitioners, Uighurs and other minorities are facing. The Government’s position remains that the practice of systematic state-sponsored organ harvesting would constitute a serious violation of human rights, and I assure the noble Lord that we regularly raise these concerns with China. We have also consulted the World Health Organization in both Geneva and Beijing, although it maintains its view that China is implementing an ethical system. We will continue to keep this policy under review.

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

My Lords, I fully agree that we should be both fearful of and careful about Chinese bullying methods, of course, but if we are thinking about Hong Kong’s real, longer-term interests and prosperity, should we not be a bit hesitant about equating continued mindless street violence with the causes of freedom and democracy?

[Lord Ahmad of Wimbledon]

My Lords, any violence is condemned by us; I am sure that all noble Lords share that sentiment. There are rights to protest, which should be respected, but anyone protesting should observe the rule of law.

Rwanda

Lord Ahmad of Wimbledon Excerpts

Tuesday 23rd June 2020 Lords Chamber

[Lord Collins of Highbury]

To ask Her Majesty’s Government what recent discussions they have had with the government of Rwanda and the Commonwealth Secretariat on (1) progress on implementing the action points since the Commonwealth Heads of Government Meeting held in London in April 2018, and (2) arrangements for exchanges with Commonwealth Heads of Government as a consequence of the postponement of the June 2020 meeting.

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

My Lords, as Chair-in-Office for the Commonwealth, we have worked diligently with the Commonwealth family to deliver the heads’ 2018 commitments and regularly update Members on this progress. We are also in close contact with the Government of Rwanda and the Commonwealth Secretariat on rescheduling CHOGM. Commonwealth member states have responded to Covid-19 collaboratively. Commonwealth Health Ministers met virtually on 14 May to discuss the pandemic, and on 28 May I briefed Commonwealth high commissioners on the UK’s international response.

[Lord Collins of Highbury (Lab)]

I thank the Minister for that response. Sadly, since Jeremy Hunt left office, we have had little debate or reporting on the Commonwealth. I hope that, through the usual channels, the Minister can put that right. As he said, as Chair-in-Office—and, actually, as Equal Rights Coalition co-chair—we are in a leadership position to ensure delivery on the Commonwealth commitments, especially on human rights. So when will the Government release the urgently needed resources for civil society to help LGBT people survive the Covid-19 crisis and continue to advance LGBT and human rights internationally?

[Lord Ahmad of Wimbledon]

The noble Lord is right to raise the importance of the most vulnerable, particularly in the Covid-19 crisis. I assure him that the UK-funded Equality & Justice Alliance has already helped six Commonwealth Governments repeal or reform outdated legislation that discriminates against or fails to protect women, girls and LGBT people. We have a wide range of deliverables; I will, of course, update the noble Lord on the specifics of what we have achieved since 2018. This includes delivery on sustainability and prosperity, with more than 3,000 women-owned businesses having now been set up through British funding. On security, we have supported the completion of seven national cybersecurity reviews. On whether this remains a priority, we are proud of our role as Chair-in-Office; the Commonwealth is very much a priority within the existing department and, indeed, will remain so in the new department—the Commonwealth remains a key priority for Her Majesty’s Government.

[Lord Desai (Lab) [V]]

My Lords, this CHOGM will be the first that His Royal Highness Prince Charles will be presiding over. Would it not be a good idea to rethink the location of CHOGM to save any embarrassment to His Royal Highness, given the appalling human rights record of the Government of Rwanda?

[Lord Ahmad of Wimbledon]

My Lords, the decision has already been made on where the CHOGM will be held. We work across the Commonwealth to ensure that the issue of human rights is brought under focus. We look forward, as do all member states, to the rescheduled Commonwealth Heads of Government meeting in Kigali, next year.

[Baroness Falkner of Margravine (Non-Afl) [V]]

My Lords, I declare an interest as a former employee of the Commonwealth and as someone in receipt of a Commonwealth Secretariat pension. The Commonwealth has never been in greater need of stability. Its funding, staff morale and governance are at an all-time low in the secretariat. As Chair-in-Office, the UK needs to announce a quick decision. Does the Minister agree that the current Secretary-General should be appointed until CHOGM next year, where Heads of Government can meet and retreat and arrive at a decision about the future appointment of the Secretary-General? The news media is full of speculation; we cannot avoid saying something about this.

[Lord Ahmad of Wimbledon]

My Lords, the Government are very much committed to reforms within the Commonwealth. As the noble Baroness will know, we led a reform package in 2019. I presided over the Foreign Ministers’ meeting which agreed this across the Commonwealth 53—now 54. On the appointment, or reappointment, of the Secretary-General, that is very much a matter for the Heads of Government; it will be looked at in Kigali next year.

[Lord Moynihan (Con) [V]]

My Lords, the communiqué refers to the role that sport can contribute to the 2030 agenda. Does my noble friend the Minister agree that the work done by the 2022 Birmingham Commonwealth Games Organising Committee and the Commonwealth Games Federation on human rights, the accessibility strategy and the Games-wide sustainability plan is world-leading, showcases what can be done when we organise major international sports along these lines, and should be supported by the Government?

[Lord Ahmad of Wimbledon]

My Lords, I am happy to agree with my noble friend; I also pay tribute to his leadership over many years in this area.

[Lord Chidgey (LD) [V]]

My Lords, tomorrow, the Institute of Commonwealth Studies is holding a Zoom conference across the Commonwealth, in what should have been Rwanda CHOGM week. There will be six thematic panels on subjects including Commonwealth responses to Covid-19, democratic government, media freedom, LBGT rights, and colonial reparations. What will be the UK Government’s representation at this virtual conference, to report progress since the London CHOGM and to put the UK position on Commonwealth issues, particularly in the context of the Black Lives Matter campaign?

[Lord Ahmad of Wimbledon]

My Lords, I understand that there is a meeting taking place, but it does not hold any formal status within the context of replacing the Heads of Government meeting; that will take place in Kigali as it is rescheduled by the Rwandan Government. As regards our attendance, we have continued to liaise with the secretariat, and we will certainly be looking forward to the attendance of the Commonwealth envoy and distinguished diplomat Philip Parham, if the meeting mentioned by the noble Lord does go ahead.

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

My Lords, I declare an interest as in the register. Does my noble friend the Minister recognise that the modern Commonwealth is about a lot more than Governments and officials? It is, of course, not even treaty-based, so even if the Heads of Government meeting is postponed, as it has been, a vast web of non-governmental Commonwealth activity continues and grows. Some would say that this is perhaps a greater and more important part of the Commonwealth network. Will the Government, while we are still in the chair, make an extra effort to support and encourage the mass of civil society grass-roots programmes and projects that make up today’s and tomorrow’s Commonwealth family, of which we are fortunate enough to be a member?

[Lord Ahmad of Wimbledon]

My Lords, I am, of course, happy to confirm that arrangement with my noble friend—I work with him across these institutions. I also share with him that, notwithstanding the postponement of CHOGM, different Ministers, including Health Ministers and Trade Ministers, continue to meet, albeit, in the current climate, virtually.

[Baroness Prashar (CB) [V]]

My Lords, one of the priorities of the Government, along with others, was to drive the reform of the Commonwealth Secretariat. Can the Minister tell the House what progress has been made towards that end and how they will sustain the momentum going forward?

--- Later in debate ---

[Lord Ahmad of Wimbledon]

My Lords, I have already alluded to the fact that Ministers adopted a package of reforms, which come into effect once endorsed by the Heads of Government; that will take place at the rescheduled CHOGM.

[Lord McConnell of Glenscorrodale (Lab)]

My Lords, I congratulate the Minister on the launch last Friday of the Murad code to help victims of sexual violence in conflict, which is named after Nadia Murad, the inspirational Yazidi survivor. Given the history of Rwanda regarding sexual violence in conflict, will the Government ensure that the Murad code is on the agenda for the Kigali CHOGM next year? Can he also update your Lordships’ House on progress towards prosecuting the ISIS individuals who were responsible for the capture and slavery of so many Yazidi women and girls?

[Lord Ahmad of Wimbledon]

My Lords, in the interest of time, I will write to the noble Lord on his second question, but progress is being made there. On the agenda, I thank the noble Lord for his kind remarks on PSVI. As we did previously in London, I am hoping that we will be able to convene a side meeting of leading nations during the Heads of Government meeting when it is rescheduled in Kigali.

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

My Lords, when black rights matter, should not black and gay rights matter equally throughout the Commonwealth?

[Lord Ahmad of Wimbledon]

My Lords, I agree with the noble Lord. All rights matter: black rights, gay rights, religious rights—all rights matter for the Commonwealth; that is what the Commonwealth is all about.

[Lord Alton of Liverpool (CB) [V]]

My Lords, I have a keen interest as a patron of Hong Kong Watch and as vice-chairman of the all-party parliamentary group. Following the call of 155 Members of both Houses for the UK to initiate a Commonwealth programme giving the beleaguered people of Hong Kong the opportunity of second citizenship and place of abode in a Common- wealth country, and with the continuing erosion of the Basic Law, what are we doing to secure Commonwealth backing for such an international lifeboat policy?

[Lord Ahmad of Wimbledon]

My Lords, my right honourable friend the Foreign Secretary has already made a comprehensive announcement around BNO. We are obviously looking at the outcome of current Chinese policy on this issue and we will update the House accordingly.

[Lord Polak (Con)]

My Lords, for many reasons CHOGM 2020 was important to Rwanda, and now CHOGM 2021 will be possibly even more important. RwandAir has made serious efforts in recent years to cement UK-Rwanda relations by flying directly between Kigali and London Gatwick. Will my noble friend support the request by Rwanda Air for landing spots at Heathrow?

--- Later in debate ---

[Lord Ahmad of Wimbledon]

My Lords, I should declare an interest as I was Aviation Minister when we gave landing rights at Gatwick to RwandAir, and I pay tribute to my noble friend Lord Popat as trade envoy. The issue of slots at Heathrow is very much a matter for Heathrow Airport Holdings Ltd, but we regard our relationship with Rwanda as a strong one; indeed, only yesterday I spoke to the Foreign Minister of Rwanda about preparations for CHOGM 2021.

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

My Lords, all supplementary questions have been asked and we now come to the third Oral Question, in the name of the noble Lord, Lord Balfe.

China

Lord Ahmad of Wimbledon Excerpts

Wednesday 17th June 2020 Lords Chamber

[Baroness Northover]

To ask Her Majesty’s Government what assessment they have made of their relationship with the government of China; whether they intend to alter that relationship; and if so, how they intend to do so.

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

My Lords, our approach to China is rooted in our values and strategic interests. As a leading member of the international community and as a major economy, China has to be involved in solving global issues. However, when engaging China, we stand up for our principles, including international law, human rights and national security. We want a mature, pragmatic relationship with the Chinese Government, which means collaborating where our interests align, being clear where they do not, and working to resolve our differences.

[Baroness Northover (LD) [V]]

Given China’s economic and political dominance, its threats to Hong Kong and Taiwan, and in the South China Sea, and its eternal suppression of human rights, do the Government still think that there can be a golden age of engagement with China? Given that we cannot do this alone, with which countries are the Government working to achieve this?

[Lord Ahmad of Wimbledon]

My Lords, as the noble Baroness knows, I am an eternal optimist: there can of course be a new golden age, in every sense. We are working with China on the important issue of Covid-19; indeed, China has helped not just us but others with PPE procurement. Other areas where there is scope for collaboration include issues around trade and the environment, a cause close to the noble Baroness’s heart. We are working collaboratively on COP 26, because, without China’s participation, COP 26 will not achieve its ambitions. We work constructively in all these areas. As I said earlier, where we have differences, we raise them—privately, at times, but in international fora at other times.

[The Lord Bishop of St Albans [V]]

My Lords, inevitably, trade and defence issues will play an important part in our relationship with China. Will the Minister assure us that issues of freedom of religion or belief will not be overlooked? Estimates suggest that between 900,000 and 1.8 million Uighurs, Kazakhs, Kyrgyz and other Muslims have been detained in Xinjiang province. What plans have the Government made to join our American allies in sanctioning those responsible for the oppression of Uighurs in Xinjiang?

[Lord Ahmad of Wimbledon]

The right reverend Prelate raises an important human rights issue, and in particular the situation of the Uighurs in China. He will know that, as Human Rights Minister, I have consistently raised this issue, as has my right honourable friend the Foreign Secretary, both through bilateral engagement with the Chinese authorities and the Chinese Government, and through the Human Rights Council, as we are currently doing—yesterday a statement was made specifically on Hong Kong. We are working with other partners, a point raised by the noble Baroness, Lady Northover, to ensure that there is consistency of message and delivery. Where there are human rights abuses, we will stand up, with our partners, and challenge China, to ensure that the rights of all are guaranteed.

[Lord Bowness (Con) [V]]

Concern about China’s actions in Hong Kong has been expressed in your Lordships’ House. Will my noble friend the Minister specifically indicate to the House this morning what steps Her Majesty’s Government have taken to establish an international contact group to put pressure on China to respect its legal and moral obligations towards Hong Kong?

[Lord Ahmad of Wimbledon]

My noble friend raises an important point about the responsibilities that China has. I assure him that we will push on that, not just through the contact group but through bilateral conversations with key partners. He will acknowledge that we remind China that the imposition of the proposed law in Hong Kong is in direct conflict with its international obligations under the joint declaration. As my noble friend knows, that treaty has been agreed by the UK and China, and registered with the United Nations. We will continue to push on that. My right honourable friend the Foreign Secretary has made clear the actions that we will take if China continues to persist in imposing this law.

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

My Lords, on 2 June, at Hansard col. 683, the Foreign Secretary said that the Government would provide BNO citizens in Hong Kong with a “pathway to citizenship” if China enacted its new security legislation. For over four and a half years, the Home Office has been “actively”—to use its word—considering applications for right of abode for veteran members of Her Majesty’s Armed Forces living in Hong Kong. Will Her Majesty’s Government now honour their obligation to these veterans under the military covenant?

[Lord Ahmad of Wimbledon]

This is a point that the noble and gallant Lord has raised before and one on which he continues to campaign, and I pay tribute to him. We have made very clear our position on BNOs. I will take back his specific point on those who have served in Her Majesty’s Armed Forces and will write to him with an update on the matter. I share his sentiments in this respect.

[Baroness Whitaker (Lab) [V]]

My Lords, following on from the question from the noble Lord, Lord Bowness, have Her Majesty’s Government conveyed to the Government of China that, as the UK is the other party to the joint Sino-British declaration on Hong Kong, which is a treaty, the Chinese are mistaken in claiming that the UK is meddling in its internal affairs?

[Lord Ahmad of Wimbledon]

As I have said already, the UK Government have made our position absolutely clear to the Chinese authorities, very much along the lines that the noble Baroness has outlined.

[Lord Dholakia (LD) [V]]

My Lords, the Minister is aware that, according to Amnesty International, more executions are carried out in China than in the rest of the world. Areas of concern identified by human rights groups include the death penalty, the legal status of Tibet, freedom of the press, and a lack of legal recognition of human rights. Is the Minister also aware of the skirmishes that took place, according to breaking news, at the border between India and China? What is being done to make representations, so that peace will prevail in this area? Perhaps the Minister can place a copy of his reply in the Library, so that we can read about what is happening in the areas I have mentioned.

--- Later in debate ---

[Lord Ahmad of Wimbledon]

My Lords, I am aware of the concerning situation on what is one of the largest borders. We call upon both sides to de-escalate. If there are other matters in relation to this on which I need to update the House, I will of course do as the noble Lord suggests.

[Viscount Trenchard (Con)]

My Lords, the Chinese Government will pay more attention to the wishes and interests of the UK if we are seen to be more fully involved in trade and security collaboration in the Asia-Pacific region. Does the Minister agree that an early application for UK accession to the CPTPP both fits well into our post-Brexit trade policy and shows China that we are standing shoulder to shoulder with other countries, such as Japan and Australia, that share our commitment to representative democracy, the rule of law and free trade? Will my noble friend tell the House when he expects that our application letter might be sent?

[Lord Ahmad of Wimbledon]

I agree with the points that my noble friend has raised. I will write to him on the specific date of the letter. The situation in the South China Sea is well documented, as is the position of Her Majesty’s Government.

[Lord Kilclooney (CB)]

My Lords, yesterday, the Chinese killed 20 Commonwealth soldiers and flew military planes over Taiwan, and of course they continue to be involved in the affairs of Hong Kong. Since we in the United Kingdom have a responsibility towards Hong Kong, and since thousands of young people from Hong Kong attend our universities and boarding schools, will the Government give some consideration to easing the means of getting British passports for people from Hong Kong, so that they can attend educational institutions in the United Kingdom?

[Lord Ahmad of Wimbledon]

My Lords, the noble Lord makes an important point about students—not just Hong Kong students but Chinese students—who study here. That will be very much in the mix in the announcements made on the BNO issue.

[Lord Collins of Highbury (Lab)]

My Lords, it is two years after the sanctions Act, and the noble Lord assured us that we would see secondary legislation on Magnitsky. Two weeks ago, the Foreign Secretary even said that these news powers of targeted sanctions could be used in respect of breaches in Hong Kong, police brutality and other actions. Will the noble Lord assure us that we will use those sanctions and that they will be in force before the Summer Recess, and that we will be able to target those abuses, so that we have action on human rights abuses and not simply words?

[Lord Ahmad of Wimbledon]

My Lords, I assure the noble Lord that I am cognisant of his continued interest in this respect. To quote the Prime Minister: “Watch this space.”

[The Deputy Speaker (Lord Alderdice) (LD)]

My Lords, the time allowed for this Question has elapsed.

Press Freedom

Lord Ahmad of Wimbledon Excerpts

Monday 8th June 2020 Lords Chamber

[Lord Black of Brentwood (Con) [V]]

My Lords, I beg leave to ask the Question standing in my name on the Order Paper, declaring my interest as deputy chair of the Telegraph Media Group and my other interests listed in the register.

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

My Lords, media freedom is vital to open societies. Journalists must be able to investigate and report without undue interference. The United Kingdom has taken a number of steps to promote press freedom and the safety of journalists globally. We are monitoring individual cases of concern around the world and working with international partners on how best to support media freedom despite the challenges and restrictions of Covid-19.

[Lord Black of Brentwood [V]]

My Lords, I thank my noble friend for that Answer, but across the world—from Mexico to Hungary to Beijing—attacks on journalists and publishers are reaching unprecedented levels. In many cases these are inspired by the disgraceful actions of the White House, which have led to attacks on journalists in the US. Some 64 other countries, according to Reporters Without Borders, are using Covid-19 to chill free speech and bully journalists, often using criminal sanctions. Does my noble friend agree that it is now urgent that there is co-ordinated international action to ensure that journalists have proper legal protection, including an end to impunity, and for the Media Freedom Coalition, which the UK Government helped to establish and now seems to be missing in action, to act forcefully and without delay, including with the publication of a national action plan?

[Lord Ahmad of Wimbledon]

My Lords, while paying tribute to my noble friend’s work on the Media Freedom Coalition, I do not agree with the premise that it is missing in action. It has been quite active; indeed, my right honourable friend the Foreign Secretary had discussions on world media freedom on 3 May with German, French and Dutch counterparts. We continue to work very closely with our key partner, Canada, on that initiative. My noble friend will also be aware of the vital work of the independent High-level Panel of Legal Experts on Media Freedom, which is convened by special envoy Amal Clooney and the noble and learned Lord, Lord Neuberger. They are doing very important work and produced a first report on this issue on 13 February.

[Baroness Stroud (Con) [V]]

My Lords, the Courage in Journalism award is awarded each year to a journalist who has died getting important stories out of dangerous places. Outside of a war zone, Mexico is the most dangerous place in the world to be a journalist. Since 2000, 150 journalists in Mexico have been murdered and many more have simply disappeared, assumed dead. What action are Her Majesty’s Government taking to bring pressure to bear to increase protection from violence for journalists in countries such as Mexico?

[Lord Ahmad of Wimbledon]

My noble friend raises an important point about the protection of journalists. She will be aware of UNESCO’s annual reporting. In 2019, 57 journalists and media workers were killed, and while this is a decline on previous year, it is 57 too many. She raises the important issue of ensuring that we raise media freedom and the protection of journalists in particular, and I assure her that we do this in all our interactions and that it remains a key priority for the Foreign and Commonwealth Office.

[The Earl of Sandwich (CB) [V]]

My Lords, would the Minister agree that the recent arrest in Egypt of prominent author Ahdaf Soueif, the imprisonment of members of her family, and the continued detention of poet Galal El-Behairy and many others are events of international concern? Will the FCO draw more attention to these human rights violations and the poor treatment of writers, editors and journalists in and outside Egyptian prisons?

[Lord Ahmad of Wimbledon]

My Lords, the noble Earl raises an important issue. I assure all noble Lords that we raise the importance of media freedom in all our interactions with Egypt. I recall my last visit to Egypt in my capacity as Human Rights Minister, and that was high up the agenda. Most recently, my right honourable friend the Minister for the Middle East raised it in ministerial dialogue in March, including the specific cases the noble Earl highlighted.

[Baroness Goudie (Lab) [V]]

My Lords, we are used to autocracies suppressing freedom of expression, and we expect democracies to support freedom of expression. It is a matter of great sadness when a country with a great democratic tradition and a great history of freedom of the press such as the United States goes the way of autocracies and physically attacks journalists who are doing their job.

[Lord Ahmad of Wimbledon]

My Lords, I assure the noble Baroness that we raise this issue of media freedom in bilateral conversations as well as through multilateral fora, and we will continue to do so. If you are a democracy, of course, the responsibility becomes ever greater. The freedom of the press and protection of the media is a fundamental pillar of good governance and democracy.

[Baroness Northover (LD) [V]]

When did the Government last raise the harassment of BBC Persian staff with Iran or on the international stage?

[Lord Ahmad of Wimbledon]

My Lords, I assure the noble Baroness that this is very high on our agenda in our direct bilateral conversations with Iran, and we have also had that discussion at various levels within the Human Rights Council. Iran is very much a state that suppresses media freedom and indeed other human rights, and it continues to be a country of concern in the human rights report that we issue every year.

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

My Lords, will my noble friend acknowledge the excellent work of the Commonwealth Journalists Association in this field? I acknowledge my interest as president of the Royal Commonwealth Society. He will be well aware that some of the most dreadful attacks on journalists, and indeed murders, have occurred in Commonwealth countries. As we are now, I presume, still in the chair of the Commonwealth, will my noble friend undertake with his colleagues to put maximum pressure on Commonwealth organisations and the Commonwealth Secretariat to encourage and support the work of the Commonwealth Journalists Association?

[Lord Ahmad of Wimbledon]

My Lords, I assure my noble friend that we will continue in our capacity as chair in office until and when the Kigali CHOGM takes place, and that has been confirmed. On the importance of Commonwealth countries standing up for press and media freedom, I agree with him and assure him that, both within the context of the Commonwealth and in our bilateral exchanges with Commonwealth countries, media freedom is very much a key issue.

[Baroness Coussins (CB) [V]]

My Lords, is the Minister aware of recent reports from Colombia that the army has been illegally compiling secret files on journalists, containing personal information on their contacts, homes, families and other private information? This undermines the peace process and I hope that the Minister will condemn it. Will he also tell the House what progress has been made since January this year, when, in the context of another question on journalists’ safety, I asked him whether equivalent protection could be negotiated for interpreters who work with journalists, especially in conflict zones? He said then that discussions were taking place on the proposal for a Security Council resolution, and I would be grateful if he could update the House.

[Lord Ahmad of Wimbledon]

My Lords, on the noble Baroness’s second question, obviously, given the focus on Covid-19, we have not been able to make progress on that Security Council resolution to the extent that I would have liked, as Minister for the UN. However, I assure her that our work in this respect will continue, and I will shortly have a discussion with our acting representative in New York on how we can make further progress. I will write to her regarding the question she raised concerning Colombia.

[Lord Collins of Highbury (Lab) [V]]

My Lords, UNESCO and the Netherlands have set a new date in October for hosting the World Press Freedom Conference. Will the UK participate with a high-level delegation, and what consideration has been given to the International Federation of Journalists’ draft UN convention on the safety and independence of journalists and other media professionals?

[Lord Ahmad of Wimbledon]

My Lords, I can confirm that we will look to participate in the next media freedom confidence—with Canada and other key partners—and to have high-level representation in that respect. On the resolution that has been passed, we certainly look to that and indeed other representations we receive on strengthening collaboration and collective action in order to protect journalists and ensure media freedom around the world.

[Baroness Bonham-Carter of Yarnbury (LD) [V]]

I know that the Minister agrees that the ability of journalists to do their job unhindered by threats of or the actual experience of violence is a vital part of our democracy. The UK embassy in Washington has raised concerns about the conduct of US police officers. Is there not a greater concern: the conduct of a US President who describes journalists as enemies of the people? Does the Minister agree that those in positions of power should support journalists, not undermine them?

[Lord Ahmad of Wimbledon]

My Lords, I cannot speak for the US Administration or the US President; however, I can speak for Her Majesty’s Government. Our support for the global media coalition and the work we are doing in this respect, as a key priority within a human rights context, underlines our commitment. On the noble Baroness’s latter remarks, of course I agree with her. As a democracy, we are proud of our support for journalists and media freedom, and that will continue to be the case under the current Government.

[The Lord Speaker (Lord Fowler)]

My Lords, the time allowed for this Question has elapsed; I thank all noble Lords. That concludes the first ever Oral Questions Hybrid Sitting.

Yemen: Humanitarian Aid Funding

Lord Ahmad of Wimbledon Excerpts

Thursday 4th June 2020 Lords Chamber

The Question was considered in a Virtual Proceeding via video call.

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

My Lords, the United Kingdom continues to lead the humanitarian response in Yemen. This week, we agreed another £160 million—the third-largest global pledge—which will provide essential care for millions of Yemen’s most vulnerable people. Our ambitious support for Yemen since 2015 amounts to almost £1 billion. We have successfully used this leadership to encourage other countries to step up, and we will continue to do so. We will not rest when it comes to solving this conflict and its horrific humanitarian consequences.

[Lord Collins of Highbury (Lab)]

My Lords, I thank the Minister for that response. However, as he knows, the summit failed to reach its target by $1 billion. Last night, “Channel 4 News” showed how Covid has arrived in Aden and clearly has spread to the rest of the country. What are the Government doing to encourage others to alleviate it, in particular the United Arab Emirates, which is itself contributing to the hardship? Why has it not given money? What is he doing to ensure that the peace process gets back on track?

[Lord Ahmad of Wimbledon]

The noble Lord makes two important points. I assure him that we share the disappointment over the fact that the target for the summit was not met. He is indeed correct that countries such as the UAE did not announce any donations. However, we continue to lobby those countries to step up, as I said in my original Answer, and we will continue to do so bilaterally.

On the Covid response, the challenge is immense. Yemen was suffering prior to Covid, and it has made the situation worse. We are working closely with the likes of the World Health Organization, which has led the UN Covid-19 response in Yemen. The UN has set out an additional $180 million-budget to tackle Covid in Yemen. I also assure the noble Lord that we will continue to lobby partners for a lasting peace agreement to resolve the conflict, without which we will continue to have these crisis situations. We are very cognisant of our role as the UN Security Council penholder on Yemen.

[Lord Hayward (Con)]

My Lords, I welcome the Government’s commitment to their contribution, which highlights the failures of other countries. I also welcome last night’s Channel 4 piece, which highlighted the tragedy that is developing in Yemen. Can the Minister say what role the international intervention on Covid in Yemen, and other organisations, can play in the tragic set of circumstances in Yemen?

[Lord Ahmad of Wimbledon]

I am very much aware of its work there, and it underlines the importance of a collaborative approach on the ground. Some 80% of the population of Yemen needs assistance, and that applies very much to the Covid issue. We also need the involvement of the different parties to the conflict to ensure that we can provide the healthcare support that is required to deal with the Covid challenge. DfID estimates that up to 100,000 people will be impacted directly by Covid, and the death rate will correspond to that. The issue is acute, and we need to act now.

[Baroness Smith of Newnham (LD)]

My Lords, the Minister says that we need to act now, and the Government’s pledge of £160 million is most welcome. Can he confirm that that money will be paid immediately, so that the charities working in Yemen and the UN are able to continue their work without a gap?

[Lord Ahmad of Wimbledon]

I assure the noble Baroness that we are working on that, and I believe that very shortly we will be able to release the first tranche, which will be 30% of the funding. We are imploring other countries which have made pledges, not just at this conference but last year, to step up and make sure that the moneys are passed on to the UN, so that we can make a difference on the ground.

[Lord Singh of Wimbledon (CB)]

My Lords, with more than half the population facing death by starvation or cholera even before Covid, the suffering in Yemen has been made infinitely worse by the involvement of Saudi Arabia and the supply of western arms. Does the Minister agree that countries that fuel conflict should be obliged to bear the cost of looking after the victims?

[Lord Ahmad of Wimbledon]

The noble Lord raises an important point about countries in the region and the Kingdom of Saudi Arabia. I was pleased that it participated in the conference, and it has also made a pledge of $500 million towards resolving the challenge of Covid in Yemen. We look forward to working constructively on the ground with Saudi Arabia and others in the region.

[Baroness Blackstone (Ind Lab)]

My Lords, the Minister referred to our role on the UN Security Council as a permanent member and to our particular role as a penholder on Yemen. Can he say why we have so far failed to broker a ceasefire to end this horrific war, and why we are continuing to supply arms to Saudi Arabia, which is fuelling it?

[Lord Ahmad of Wimbledon]

My Lords, on the second point, the noble Baroness will be aware that we are not currently supplying any further arms. We are respecting the decision that was taken and we will continue to look at that situation carefully. On the question of resolving the conflict politically, we are working hard at the Security Council to get parties around the table. Most recently, my right honourable friend the Foreign Secretary also spoke with Martin Griffiths, the special envoy, to see what other efforts we can make bilaterally and, as the noble Baroness says, at the UN directly.

[Lord Holmes of Richmond (Con)]

My Lords, can my noble friend the Minister say what further efforts the UK can make in co-ordinating the efforts on the ground to alleviate the desperate suffering felt by so many Yemenis?

[Lord Ahmad of Wimbledon]

My Lords, I have already alluded to the fact that we are working through UN agencies, and in particular the World Health Organization. However, I implore all parties, including the Houthis, who control the major part of the distribution network, to ensure that we can provide the support and aid that is required across the country.

[Lord German (LD)]

My Lords, already the United Nations has had to suspend payments for 10,000 front-line healthcare workers and halve the food rations for 8.5 million people. What leverage does the Minister think that he and the Government have to bridge this gap, given that UK aid is the same as that given by the US and the third-largest of all the funders in the world? Surely this gives us some increased leverage. Where does he assess that that potential lies?

--- Later in debate ---

[Lord Ahmad of Wimbledon]

My Lords, simply put, we need to work with other countries in the region, in particular those that have not yet pledged compared to last year—the noble Lord, Lord Collins, mentioned the UAE; Kuwait is another partner, and Oman has influence. We have strong bilateral relations and will continue to work to strengthen those further to reach both the target we have set on the humanitarian front and a lasting political settlement.

[Lord Reid of Cardowan (Lab)]

My Lords, the International Rescue Committee has warned that the case fatality ratio of 24.7% in Yemen is almost four times the global average. Therefore, in addition to the immediate funding aid, it is crucial that the people of Yemen also have access to any emerging vaccines and treatment. To that end, will the Minister detail what steps the Government are taking to promote equitable access?

[Lord Ahmad of Wimbledon]

My Lords, as the noble Lord will be aware, I am delighted that we, the United Kingdom, under the leadership of the Prime Minister, are hosting the Gavi conference today. We have made a commitment to vaccines: not just to finding a Covid vaccine but to ensuring equitable access to that vaccine once it is discovered. We have also put money behind this. We made a pledge equating to £330 million a year for the next five years for Gavi, which leads on vaccine research and will ultimately lead on equitable distribution once a vaccine is found—particularly in the most vulnerable parts of the world, such as Yemen.

[Lord Hain (Lab)]

My Lords, surely the toxic mixture in Yemen of bloody warfare, extreme poverty, malnutrition, cholera, climate change and religious fundamentalism, and now Covid-19, is also a chronic failure of foreign policy over a proxy battle between Saudi and Emirati-backed Sunni Salafis and Iranian-backed Shias, with al-Qaeda terrorists exploiting the chaos, and the West simply wringing its hands behind the Saudis instead of playing honest broker.

[Lord Ahmad of Wimbledon]

My Lords, the schism in Islam between Sunni and Shia Islam is well known. We do not believe that our foreign policy should focus on resolving that conflict; we believe that we can bring people to the table and ensure a lasting peace settlement. The noble Lord illustrates well the challenge that we face in Yemen, but that should not deter us from doing everything we can on the humanitarian and diplomatic fronts to bring resolution to a crisis that has gone on for far too long.

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

I want to follow up on the questions asked by the noble Lord, Lord Singh, and the noble Baroness, Lady Blackstone. The Minister must agree that it is a cruel irony that these people, who are suffering from disease and starvation, continue to be attacked with weapons supplied by the United Kingdom to Saudi Arabia and the United Arab Emirates. Incidentally, similar companies are now supplying tear gas and rubber bullets to the United States. The Minister dealt briefly with this, but what review are the Government undertaking of who we supply arms to and what they do with them? It really is an embarrassment to all of us in the United Kingdom.

--- Later in debate ---

[Lord Ahmad of Wimbledon]

My Lords, the noble Lord will be aware that we have a very stringent regime when it comes to arms and arms supplies. It is perhaps one of the most robust regimes in the world and we continue to follow it. There are challenges at times, where we need to review. We have done just that when it comes to the supply of arms to the Kingdom of Saudi Arabia. As I said earlier, those supplies currently stand suspended, respecting the decisions taken in the law courts. Equally, we continue to review our arms sales, not just to our partners around the world but continuously, to ensure that they meet the robust standards that we set.

[The Senior Deputy Speaker]

My Lords, the time allowed for this Question has now elapsed. The Virtual Proceedings will now adjourn until a convenient point after 1 pm for the Motion in the name of the noble Lord, Lord Eatwell. I thank the Minister and Members for their efficient dispatch of the questions today; we secured all Members’ questions.

Hong Kong: Human Rights

Lord Ahmad of Wimbledon Excerpts

Thursday 4th June 2020 Lords Chamber

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

My Lords, I first join all noble Lords in thanking my noble friend Lady Anelay for tabling this debate and thank them for their very focused contributions from the outset. There were a lot of questions; if I am unable to cover them in the time I have, following the usual courtesies I shall write to noble Lords and lay responses to those questions in Library.

I am sure noble Lords will forgive me—and join me—if I start by paying tribute to the important contribution of my noble friend Lord Patten. He is for ever a reminder to us of the importance of standing up for the rule of law in the context of Hong Kong, and the role he played was instrumental. I listened carefully to all of his contribution, in particular his specific proposal to have the telegram of 5 June 1989 placed in the Library. I will certainly take that forward, and hope that we will be able to deliver on that in the very short term.

As we all know—noble Lords alluded to this—on 28 May China’s National People’s Congress adopted a decision that would impose a national security law on Hong Kong. Let me assure all noble Lords who have contributed that we share their concerns about this unprecedented development; my closing remarks will echo the Foreign Secretary’s comment. I also thank those noble Lords, including my noble friends, who gave their support for the Government’s statement last week. I particularly note the support of the noble Baroness, Lady Northover, and the noble Lord, Lord Collins. More details will of course follow on the specifics of the announcements around BNOs. I will come on to that.

As my noble friend Lord Patten and other noble Lords reminded us, Hong Kong’s success was built on its high degree of autonomy and freedoms. My noble friend Lord Howell made this point well. This is under the “one country, two systems” framework that China itself has long advocated and reaffirmed. This framework is enshrined in Hong Kong’s Basic Law and underpinned by the provisions of the Sino-British joint declaration of 1984. As my noble friend Lady Anelay reminded us, the joint declaration is a legally binding international treaty, a point also well made by the noble and learned Lord, Lord Hope. The treaty is registered with the United Nations and remains as valid today as it was when it was signed, more than 35 years ago.

The imposition of a national security law on Hong Kong would lie in direct conflict with China’s international obligations. Yes, as my noble friend Lord Patten reminded us, there are provisions for a national security law. However, as several noble Lords including him pointed out, this imposition goes directly against those obligations under the Sino-British joint declaration. It would also lie in direct conflict with article 23 of Hong Kong’s Basic Law, which gives Hong Kong sole jurisdiction to enact these laws. Imposing the national security law would undermine Hong Kong’s high degree of autonomy and threaten the freedom of its people. The Basic Law is unequivocal: it allows for Hong Kong to make its own laws and there are a limited number of areas in which Beijing can directly impose legislation. These include foreign and defence policy, and emergency legislation in extreme circumstances such as a state of war. As my right honourable friend the Foreign Secretary has made clear, we do not oppose Hong Kong having a national security law. What we strongly oppose is its imposition by Beijing.

The impact on human rights was touched on, rightly, by many noble Lords, including my noble friend Lord Bridgeman. The noble Lords, Lord Dubs and Lord Truscott, reminded us about the joint declaration as well. The proposed national security law further raises the prospect of prosecution in Hong Kong for political crimes. It threatens to undermine existing commitments to protect the rights and freedoms of the people of Hong Kong, as set out in the joint declaration, which reflects the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights. We are also acutely conscious that Hong Kong’s rule of law and world-class independent judiciary, as mentioned by several noble Lords including the noble and learned Lord, Lord Hope, are a cornerstone of its economic success and way of life. We will of course watch the impact of these proposed measures closely.

I turn to Her Majesty’s Government’s response. I have listened carefully to a number of helpful suggestions and detailed questions. If I may, I will respond in writing to several of them. However, we are very clear-eyed in our approach when it comes to China. That is rooted in our values and interests. The point was made about China and its partnerships. Several noble Lords, including my noble friend Lord Randall, reminded us of our international workings. When it comes to issues such as climate change—my noble friend reminded us of COP 26—we believe that China also has a vital role in the international community, including in its global response to the pandemic. It has worked with many countries and the World Health Organization in its response.

It has always been the case that when we have concerns, we will raise them. On human rights, let me assure noble Lords that we will continue to raise the issue of the Uighurs, which was mentioned by the right reverend Prelate, as we have previously done at the Human Rights Council in Geneva. We will speak out.

Several noble Lords, including the noble Lord, Lord Hannay, who speaks with great experience, referred to the proposal of the seven Foreign Secretaries, including the noble Lord, Lord Owen, for a contact group. The noble Lord, Lord Alton, mentioned human rights and the importance of broad coalitions. My noble friends Lord Patten, Lord Balfe and Lady Helic talked about international action, as did the noble Baroness, Lady Northover. Last Thursday, alongside his counterparts in Australia, Canada and the US, my right honourable friend the Foreign Secretary released a joint statement expressing deep concern over the proposed new security legislation. We are working with New Zealand, Japan and, yes, our partners in the EU—which the noble Baroness, Lady Northover, and my noble friend Lady Helic mentioned—who also made statements expressing concern.

The noble Baroness, Lady Jay, talked about the international group. My noble friend Lord Cormack talked about broadening coalitions, including at the UN. I am sure that noble Lords will have seen that we raised the issue of Hong Kong at a recent Security Council meeting, despite the challenges that China posed. We have taken steps towards creating broader coalitions. My noble friend Lady Meyer talked of the G7, my noble friend Lord Bowness talked of wider coalitions and the noble Lord, Lord Glasman, suggested how we might strengthen and broaden coalitions. I will of course reflect on all noble Lords’ contributions regarding how we can further strengthen international opinion on this issue. I assure noble Lords that we will work with all international partners, including those in the EU, because we want to implore China to reconsider its current path.

My noble friend Lord Wei talked of great hope, and we hope that hope can be restored. We encourage China to work with the Hong Kong Special Administrative Region Government and the people of Hong Kong. Several noble Lords rightly pointed out that the needs of the people should be put first in order to find a solution that will encourage dialogue and respect for human rights; I am unequivocal about that. I am proud to have among my responsibilities the role of Minister for human rights for Her Majesty’s Government. It is important that we put human rights at the forefront of our agenda because by doing so, we will help to restore trust.

The proposed imposition of a national security law—an incredibly sensitive subject in Hong Kong—would exacerbate existing divisions. From the beginning of the unrest, this Government have been committed to our responsibilities to the people of Hong Kong, to supporting their right to peaceful protest and to encouraging dialogue on all sides within the “one country, two systems” framework, to which several noble Lords pointed. The noble and learned Lord, Lord Hope, and my noble friend Lady Goudie mentioned the independence of the judiciary; I agree with them. The noble and learned Lord, Lord Hope, also made a point about HBSC and companies that made statements about the national security law. I shall not comment specifically on that, but I underline our hope that China will think again in respect of enacting this law.

In the time I have left, I will turn to the important issue of British nationals overseas. My noble friend Lady Anelay and the noble Baronesses, Lady Jay and Lady Falkner, amongst others, talked passionately about this issue. The noble Baroness, Lady Falkner, asked about Taiwan. We have not changed our position on Taiwan. I reiterate that it is important that a lasting solution to any issues and disputes between both sides is brought to the fore by exchanges by both sides of the Taiwan Strait.

My noble friend Lady Hooper also mentioned the issue of students returning from Hong Kong. We are of course monitoring the situation. They have a right to return to the United Kingdom and we will do what we can to ensure that we facilitate their return.

I am sure that noble Lords noted that the Foreign Secretary said last week and again on Tuesday that if China continues down this path, we will look to amend the arrangements for BNOs. The noble Lord, Lord Collins, raised that issue, as did other noble Lords. Under the current status, BNO passport holders in Hong Kong are already entitled to UK consular assistance outside of China and protection and entry clearance for six months into the UK. However, in response to actions that the noble Lords, Lord Powell and Lord West, suggested, if China follows through with proposed legislation, the Government will put in place arrangements to allow those with BNO status to live, work and study in the UK for an extendable period of 12 months. That will provide a path to citizenship, as my noble friend Lord Trimble reminded us. We will keep the door open. The noble Baroness, Lady Kennedy, also mentioned that point.

We want to give the Chinese Government the chance to step back from their current course of action, and I note some of the questions that have been raised, including those from the noble Lord, Lord Purvis. I shall of course write to noble Lords regarding the questions I have not had time to answer.

The noble Lord, Lord Collins, and the noble Baroness, Lady Kennedy, mentioned the Magnitsky proposals and secondary legislation in that respect. We are working through this and I assure noble Lords that it is certainly our aim to bring this to Parliament at an early stage—I hope in advance of the Summer Recess, but a lot of work is being done. I am sure that noble Lords will accept that it would not be appropriate for me to comment on specific designations at this point. The noble Lords, Lord Wood and Lord Campbell, asked about Huawei. Our decision on that carries the strongest possible scrutiny.

I thank my noble friend Lady Anelay for tabling this debate. I am sure this is an issue that we will continue to return to in the coming days and weeks, but I want to put on record that the UK and its partners have been clear to China. Imposing this national security legislation would be a clear violation of China’s international obligations, including those made to the United Kingdom under the joint declaration. I put on record our call to China to reconsider this path, because I assure all noble Lords that the UK will not look the other way when it comes to the people of Hong Kong.

Hong Kong

Lord Ahmad of Wimbledon Excerpts

Tuesday 2nd June 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, and in so doing declare my interests both as a patron of Hong Kong Watch and as vice-chairman of the All-Party Parliamentary Group on Hong Kong.

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

My Lords, we are deeply concerned at the decision of China’s National People’s Congress to impose a national security law on Hong Kong. If implemented, the imposition of a proposed new national security law will lie in direct conflict with China’s international obligations under the principles of the legally binding, UN-registered Sino-British joint declaration. We are fully committed to upholding Hong Kong’s autonomy and respecting the “one country, two systems” model, which that law would call into question.

[Lord Alton of Liverpool]

My Lords, last week, in giving evidence to a Westminster hearing, a young doctor reminded us that under the new law he could be arrested and disappeared for doing so. Two days before the 31st anniversary of the Tiananmen Square massacre, how will the Government ensure that their welcome lifeboat policy will provide for Hong Kong’s defenders of democracy, such as that young doctor, or already arrested lawyers such as Margaret Ng and Martin Lee? How will they sanction those who have collaborated in the destruction of “two systems, one country”? Will we deepen the international response at the forthcoming G7 by forming the international contact group proposed by seven former Foreign Secretaries and develop a Helsinki-style response in line with the call made by over 650 parliamentarians from 34 different countries?

[Lord Ahmad of Wimbledon]

My Lords, as I said, we are deeply concerned by these actions. The action of the National People’s Congress in invoking this law has caused great concern, both in Hong Kong and internationally. I assure the noble Lord, while acknowledging and praising the work he does in standing up for human rights, not just in Hong Kong but internationally, that we remain very committed to standing up for the rights of human rights defenders in Hong Kong. We have registered our serious concern with the Hong Kong and Chinese authorities about recent arrests and we remain committed to raising the issue of Hong Kong in partnership with like-minded international partners. I am sure that the noble Lord recently noted statements made by the Foreign Secretary with key partners and friends such as Australia, Canada and the United States to ensure that Hong Kong’s laws are respected and China respects the laws of Hong Kong— that is, “one country, two systems”.

[Lord Patten of Barnes (Con)]

I think my interests are probably well known. To follow up what the noble Lord, Lord Alton, said about an international contact group, the Minister will know that, as the noble Lord said, seven former Foreign Ministers from right across politics have sent a letter to the Prime Minister proposing, as a way of demonstrating our legal, moral, political and economic obligations to Hong Kong, that the Government themselves should take a lead in putting together an international contact group that can keep in touch with developments there and continue to press China not to breach its international treaty obligations or its commitments to a high degree of autonomy in Hong Kong. It would be helpful if the Minister could give some indication of the Prime Minister’s thinking on this subject. At the same time, I suggest that perhaps we should be looking at raising at the UN—I know that we have already talked about this there—the possibility of appointing human rights co-ordinators to go into Hong Kong and see what is happening on the human rights front. I welcome what the Government have said about passports, but there is a lot more to do to demonstrate our legal and moral obligations to what was, of course, a British colonial territory.

[Lord Ahmad of Wimbledon]

My Lords, my noble friend speaks with great insight and expertise in this area, and I have noted some of his particularly helpful suggestions. I acknowledge the action by 762 parliamentarians across 37 countries, which talks about a flagrant breach of the Sino-British joint declaration.

We believe that if this law is enacted it will indeed undermine the existing provisions within Hong Kong of “one country, two systems”. On my noble friend’s wider point, we continue to raise this through international action and partnership. My noble friend suggests an international contact group; as I am sure he has noted, my right honourable friend the Foreign Secretary has led direct action in this respect. Over the last few weeks he has issued several statements, including a statement of the British position, but has also underlined the very provisions that my noble friend has highlighted: if this law is enacted, China’s international obligations to Hong Kong will be undermined. Equally, he has also raised this issue in partnership with the likes of Canada, Australia, the US and the European Union. This is a very serious point in time and a serious cross- roads for the future of Hong Kong. We ask the Chinese authorities and the Hong Kong Special Administrative Region again to think carefully before proceeding with this law.

[Baroness Kennedy of The Shaws (Lab)]

My Lords, I too have been involved with human rights issues in this region for a long time. I am a lawyer and currently the director of the Human Rights Institute of the International Bar Association, the global voice of the legal profession. This new legislation is causing us great alarm. It is clearly aimed at stamping out protest and freedom of expression and it goes to the heart of democratic autonomy and freedoms. The legislation expressly allows Chinese national security agencies to operate in the city of Hong Kong. The Minister will certainly know that Beijing has probably the most advanced technological security apparatus in the world and is now using it, including facial recognition, intercepts, tracking devices and so on, and is enabling wide-scale surveillance in China. The fears are that it will be used in the same way in Hong Kong.

I also express others’ concerns about what is happening with regard to human rights. A suggestion is being made —I strongly urge it—that a special envoy be created by the Secretary-General of the United Nations and that Britain should urge him to create such an appointment so that he can travel with others, and I hope with human rights lawyers, to Hong Kong to assess and address the situation and to negotiate with China itself. The history of negotiation goes back right back to the beginning of the UN, when General George Marshall negotiated between the Chinese Communist Party and the Kuomintang. We know that negotiations can be successful. I urge that we take steps, and I want to know whether the Minister has been having those conversations with the United Nations as well as with friendly nations that are liberal democracies.

[Lord Ahmad of Wimbledon]

I agree with the noble Baroness. As she knows, the existing rights of Hong Kong are enshrined in the Basic Law of Hong Kong, and the Sino-British agreement has also been deposited in the context of the UN. On her final point, as noble Lords know, we raised this issue directly during a recent UN Security Council meeting. Both we and the United States spoke on this particular issue under any other business—we were able to raise it under that agenda item.

On the specific question of a special envoy, which the noble Baroness and my noble friend mentioned, I assure noble Lords that in my right honourable friend the Foreign Secretary we have someone who has taken direct leadership on and interest in this issue, and we are leading the international response and thinking on Hong Kong. In recent days and weeks, the Foreign Secretary has continued to engage with a range of partners to explain our position and impress upon them the gravity of the events that have taken place. At present, we have no plans to form an international contact group, as I said to my noble friend, or to push for a special envoy. However, we are calling on the Government of China to live up to their obligations and responsibilities as a leading member of the international community. I assure noble Lords, including the noble Baroness, that we are working with international institutions, including the UN Human Rights Council, to ensure that China upholds its commitments as a co-signatory to the joint declaration.

[The Senior Deputy Speaker (Lord McFall of Alcluith)]

I remind Members that, if we are to get through all the questions, both questions and answers need to be short. We are two-thirds of the way through the allotted time.

[Baroness Northover (LD)]

The noble Lord clearly recognises that this move potentially breaks the Sino-British agreement. Will the path to UK citizenship therefore be extended to all Hong Kong citizens, not just those with BNO status, and their dependents?

[Lord Ahmad of Wimbledon]

The noble Baroness makes an important point. We have had many discussions on this. I assure her that, if China continues down this path and implements this national security legislation, we will be required to change the status of BNO passport holders. The Foreign Secretary was quite specific: we would set in train arrangements allowing BNOs to come to the UK for longer than the current six-month period and apply for extendable periods of 12 months to work and study, which will in itself provide a pathway to citizenship.

[Lord Carrington (CB)]

My Lords, while I join in the criticism of China’s imposition of a national security law, I ask the Minister to confirm that any economic and financial measures being considered to dissuade or punish China should not inadvertently cause further hardship to the citizens of Hong Kong, so that a major humanitarian disaster is avoided.

[Lord Ahmad of Wimbledon]

My Lords, I assure the noble Lord that our priority is ensuring the well-being of the citizens of Hong Kong in terms of economic prosperity, security and human rights.

[Lord Davies of Gower (Con)]

My Lords, three years ago, I, along with other parliamentarians, was invited to Hong Kong to observe the workings of the “one country, two systems” principle enshrined in the Basic Law document. I was left with a sense of nervousness and desperation for the young parliamentarians who warned of their fear of a future clampdown and security environment imposed by Beijing. What substantive message of hope and substance can my noble friend the Minister give from the British Government to the young future generations of Hong Kong to reverse this dismal outlook for their future?

[Lord Ahmad of Wimbledon]

My Lords, I assure my noble friend that we continue to stand by our obligations as a co-signatory to “one country, two systems”. We give hope to those human rights defenders who fight for democracy in Hong Kong that we will continue to uphold those obligations, not just for the United Kingdom but to remind China and the Hong Kong Special Administrative Region of their obligations and commitment to both that agreement and the obligations that lie beneath it.

[Lord Collins of Highbury (Lab)]

I want to return to the issue of British national overseas citizens in Hong Kong. In this morning’s Statement, the Foreign Secretary said, as the Minister just repeated, that if China pushes through this legislation, we will act on their rights. I welcome the announcement, but clarity is needed now. When will the Government tell BNOs in Hong Kong what their rights will be? Will they take urgent consultation now?

[Lord Ahmad of Wimbledon]

My Lords, I assure the noble Lord that we take our obligations to BNO passport holders very seriously. Both the Foreign Secretary and the Home Secretary are directly engaged on this agenda. We have made our position absolutely clear: if China acts, we will be compelled to act on the basis that I have outlined.

[The Senior Deputy Speaker]

Lord Owen? The noble Lord, Lord Owen, is not there, so I will go to the noble Lord, Lord Pannick, and return to the noble Lord, Lord Owen, when he gets a connection.

[Lord Pannick (CB)]

Does the Minister agree that Hong Kong has the important asset of an independent judiciary, which is admired throughout the world, and that the judges of Hong Kong will inevitably be asked to decide whether the new laws, if implemented by Beijing, are part of Hong Kong law or whether they conflict with the Basic Law of Hong Kong, as many lawyers have suggested? I declare an interest as a regular advocate in the Hong Kong courts on constitutional matters.

[Lord Ahmad of Wimbledon]

I agree with the noble Lord that that is important. The independence of the judiciary in Hong Kong is well recognised. In due course, if China proceeds along these lines, I am sure that the judiciary will give its opinion, but we have deep reservations. If China proceeds with this, it will undermine “one country, two systems”, which is enshrined in Hong Kong’s Basic Law.

[Lord Dobbs (Con)]

My Lords, I ask my noble friend to condemn the increase in racism in recent weeks that has been aimed at British citizens of Chinese descent. They are not the problem. However, are we clear enough about what we want from Beijing? It seems that, too often, we grasp at trade and economic links when we have deep political reservations about human rights in Hong Kong and so much else. It seems that we want its money but not its manners. Does my noble friend accept that we need to do much more analysis of our own policies to make our priorities clear and consistent if we want to talk to China with maximum authority?

[Lord Ahmad of Wimbledon]

First, I agree with my noble friend. I am sure that I speak for all noble Lords when I say that racism in any form in any place in the world is abhorrent and that we should condemn it unequivocally. On his other points, we have a balanced relationship with China. It is an important strategic partner, as we have seen in the response to Covid, where it has assisted. We recognise the role that China has to play economically and in the Covid response. Equally, I believe that we balance our foreign policy objectives on trade to ensure that we can also be a country that stands up for human rights and international law. I am proud of our traditions in that respect. As the British Human Rights Minister, I can say that we will continue to bring that balance to our foreign policy engagement, not just with China but around the world.

[The Senior Deputy Speaker]

My Lords, the time allowed for this Question has elapsed. The Virtual Proceedings will now adjourn until a convenient point after 12.30 pm for the Motion in the name of the noble Lord, Lord Gardiner of Kimble.