Republic of Belarus (Sanctions) (EU Exit) (Amendment) Regulations 2022

Lord Collins of Highbury Excerpts

Wednesday 20th July 2022 Lords Chamber

My final question, and I will be happy if the Minister writes to me on it, is about applicability in the overseas territories of Gibraltar and Bermuda, and in Jersey and the Isle of Man. The Government have said that they intend to make secondary legislation under the Sanctions and Anti-Money Laundering Act that will apply these measures to those territories. When are the Government likely to bring that forward? At the moment, we strongly support this measure, but there are gaps with regards to those territories. I will be happy if the Minister chooses to write to me with clarification on those points. If he can respond today, that is very welcome, but if not, I will be very happy to receive a letter.

[Lord Collins of Highbury (Lab)]

My Lords, I welcome the fact that we are again debating further sanctions against Belarus. I once again say to the Minister that the Opposition fully support the Government’s actions in this regard.

Lukashenko’s regime has consistently dismissed human rights in an effort to tighten his grip over the people of Belarus, with devastating consequences. The absence of fair elections, combined with crackdowns on civil society and intolerance of a free press, has resulted in the torture, arrest and disappearance of entirely innocent people.

I pay tribute to my noble friend Lord Foulkes, who has personally adopted a political prisoner and urged others to do likewise. I will make the point that the noble Lord made: this is about not punishing the people of Belarus but making sure they and the world know that we are on their side. That is an important point. What we say in this Chamber does not always echo around the world, but we know that civil society in Belarus will be listening today and welcoming the Government’s actions in this regard.

What Lukashenko fears most is of course his own people. They are calling for a brighter future, which has led to such brutal reprisals. This fear has also led Lukashenko to support Putin’s invasion of Ukraine, because Kyiv has shown that democracy and human rights are the starting block for a prosperous and secure nation, which is entirely incompatible with the lies that both leaders, Putin and Lukashenko, tell their people.

The new sanctions before the House are in response to that invasion and build on the sanctions we have imposed before. In recent weeks we have seen further indiscriminate shelling, preparations for the next stage of the offensive and the emergence of a new humanitarian crisis. Lukashenko’s support has emboldened Putin to act with impunity, which is why it is vital that we act. We must treat his regime as equally culpable, and we are absolutely behind the Government on this.

I turn to the sanctions and echo a number of the points that the noble Lord, Lord Purvis, made, but I have a couple of other points in addition. Part 2 includes a new power to designate persons by description, which I know we discussed on the sanctions Bill. Can the Minister explain what safeguards are in place to prevent individuals being mistakenly targeted as a result?

Meanwhile, Part 3 is focused on financial services. On this point, I ask the Minister to tell us exactly what assessment and examination the Government have made of the dirty money in the United Kingdom, particularly the illicit Belarusian finance in London. I hope he can reassure the House on that.

Part 4 creates new export and import restrictions, which appear to be similar to those previously issued against Russia. Can the Minister perhaps explain why these have not been introduced sooner?

I also pick up the point about Belarusian ships in Part 5. The noble Lord, Lord Purvis, addressed that, so I hope the Minister will answer that question.

Finally, the Minister has repeatedly assured us about the overseas territories, and I assume these issues are covered in the joint ministerial council with the overseas territories. To be effective, it is vital that the sanctions are actioned in concert with others, that it is a global action and—even more importantly—that our overseas territories act absolutely in step with the United Kingdom Government. I hope he can reassure us on that front.

[Lord Ahmad of Wimbledon (Con)]

My Lords, I thank both noble Lords for their strong support, as has been consistent since the sanctions regime was introduced. Today is no different and that is right, notwithstanding what the noble Lord, Lord Collins, said about how many people might be in your Lordships’ Chamber. There are others who listen and my experience over a number of years suggests to me that what we say matters. I assure the noble Lords, Lord Collins and Lord Purvis, as I am sure they both know from their own correspondence, that people pick up on quite specific items within each debate that we have.

At the outset, I assure the noble Lords that our co-ordination with all our partners, including the European Union, is very much in a strong place. If there is a difference in the specifics upon whom a sanction may apply, it is simply one of process only and there is quickly an alignment. We have moved on some sanctions quicker than the EU, or indeed the Americans. The Americans have a different system, of course; they can introduce certain things by executive orders. We have certainly seen the speed at which we have been able to move since we brought forward additional legislation on sanctions to allow for the expedited application of particular issues.

I will pick up on a few of the specific questions and, of course, where I have not answered I will ensure that a letter is sent. The noble Lord, Lord Collins, asked about designations by description. Within our processes for any sanction that is applied, there is quite a rigorous application to ensure that there is mitigation in place if there is a wrong person, as names can often be duplicated. Equally, notwithstanding that robust process, the right of appeal that every individual or organisation has is a right that we need to ensure is protected. Undoubtedly, with all the best intent and all the rigour of processes and mitigations in place, that is not always the case. There can be examples where someone passes away, or reforms—one should never give up hope in that respect. The fact that we review sanctions regimes is positive; that will very much remain the case.

The noble Lords, Lord Collins and Lord Purvis, asked about alignment with the Crown dependencies and OTs. I confirm again on record that all UK sanctions regimes apply in all the UK Crown dependencies and overseas territories, either by Orders in Council or through each jurisdiction’s own legislation. The ones which apply their own legislation in this respect have been Jersey, Guernsey, Gibraltar and Bermuda, which legislate for themselves. Orders in Council make the necessary changes to ensure the effective implementation of measures.

On 13 April, an order was laid that extended amendment SIs Nos. 2 to 7, and on 19 July a further order was made that extended amendment SI No. 8, so we are moving through this process. In reply to the point raised by the noble Lord, Lord Collins, about direct engagement with the territories, I can assure the House that while I am no longer the Minister for the Overseas Territories I know that my colleagues have been focused on ensuring that we align ourselves. The feedback we get from the Crown dependencies and OTs is very much aligned to our thinking.

The noble Lord, Lord Collins, also raised further measures that could be taken here in the City of London to ensure that if the cash flows that have come in are illicit, people are protected. I think there were measures brought in through the first economic crime Act; we will, of course, be introducing additional measures. As well as introducing those new measures, this will allow us, rightly, to reflect on the expertise, insight and experience of your Lordships’ House to see how that legislation can be strengthened.

The noble Lord, Lord Purvis, asked about the exit strategy on the Belarusian regime and its people. As with all sanctions, there is of course a gateway when it comes to issues of humanitarian support. Sometimes the question has been asked, “With a landlocked country, why have you introduced shipping restrictions?” Those shipping restrictions apply because there are Belarusian-registered and flagged ships. He asked a specific question about flagged ships from other countries that may do business in Belarus. If I may, I will write to him specifically on that point, as it is a valid question to raise. But of course the instructions and directions are being shared with all key members of the industry, and industry organisations ensure those are relayed to all their members. However, I will look into that and write to him.

On what is happening in Belarus, the noble Lord, Lord Collins, rightly drew our attention to the continued suppression of civil society and communities. Just about every human right under the sun is being suppressed, whether we are talking about journalists, civil society groups or political prisoners. Therefore, it is important that we are seen to be not just talking and condemning but acting. We continue to work closely with EU member states, the US and Canada on these continued and additional accountability measures, including through the International Accountability Platform for Belarus, which the UK, EU and individual member states established in 2021 and which is a good premise on the point made by the noble Lord, Lord Purvis, on co-ordination in this respect.