Exiting the European Union (Sanctions)

Debate between Mark Pritchard and Alan Duncan

Tuesday 9th April 2019 Commons Chamber

[Sir Alan Duncan]

I can confirm that there is no such intention. Indeed, the intention and the expectation is that the existing regimes in the EU sanctions regime will be lifted and shifted, and put into ours. However, having scrutinised the individual elements of these, we will have to make sure that they all meet the threshold of evidence and justification that our own autonomous Act of Parliament requires. It is possible that something may not be carried over, but the expectation is that everything will be.

[Mark Pritchard (The Wrekin) (Con)]

The Minister mentioned the Sanctions and Anti-Money Laundering Bill. While we are talking about specific countries, that Bill, which is now an Act, did include the Magnitsky amendment. He referenced a list should the United Kingdom leave without a deal, and that general list would no doubt include other countries as well. In that regard, what is the current position of the Government on individuals named on a sanctions list in relation to the Magnitsky amendment, which is now part of an Act?

[Sir Alan Duncan]

I say to my hon. Friend that I will come on to that in just a second. I will answer the question raised in his intervention, but let me complete the introductory logic of what these four statutory instruments are intended to do.

While the Act set out the framework needed to impose our own independent sanctions, we need statutory instruments to set out the detail of each sanctions regime within that independent framework. Such statutory instruments set out the purposes of our regimes, as well as the criteria under which the Secretary of State may designate individuals and entities within the framework, and the types of restrictive measures imposed. I am grateful to the Joint Committee on Statutory Instruments for its close and helpful scrutiny of these and other statutory instruments relating to sanctions regimes.

On the Magnitsky element of the Act of Parliament passed last year, that sanctions Act provides powers for the UK to impose sanctions to provide accountability for or to deter gross violations of human rights, and to promote compliance with international human rights law and respect for human rights. These powers are what is colloquially known as the Magnitsky amendment. The Government’s focus so far has been on ensuring that we have the necessary secondary legislation in place to continue to implement existing EU and UN sanctions should we leave the EU without a deal. The statutory instruments we are debating today are part of this preparation.

[Mark Pritchard]

Will the Minister give way?

[Sir Alan Duncan]

No. Let me just take my hon. Friend through this, and then he can come back again if he wishes. I need to explain quite where the Magnitsky element fits in.

As a member of the EU or during an implementation period, EU sanctions will apply in the UK. We will look to use the powers provided by the sanctions Act to the fullest extent possible during this period, but there will be some limitations on the measures that we can impose autonomously. In order to impose national sanctions for human rights—the Magnitsky element—we will need to design and draft a statutory instrument and ensure the associated processes and structures are in place to be able to implement and manage a sanctions regime.

It is important that we set up a regime correctly to ensure sanctions meet the legal tests set out in the sanctions Act. As soon as the secondary legislation and associated structures are in place to ensure the continuation of EU and UN sanctions in the UK, we will turn to the consideration of UK national sanctions, including for human rights.

[Mark Pritchard]

The Minister is being very generous. May I ask him why not a single individual Russian is on any sanctions list at the moment? It is rather odd that the Government’s position seems to be that the justification for no Russian being on any list is that we cannot do this until we leave the European Union, despite the fact that all the Baltic states have individual Russians on a sanctions list. If we are going to remain de facto within the European Union, surely the justification for taking action is going to continue.

[Sir Alan Duncan]

First, I say to my hon. Friend that this is not just against Russians. If people have violated human rights anywhere in the world, they could come within the scope of the Magnitsky clause I have been describing. I say again that the reason why we have not yet applied the Magnitsky elements of the sanctions Act is that the statutory instrument making it a bespoke part of that Act within UK autonomous law has not yet been made, and it that was done too rapidly—he will appreciate that we have had about 3,000 statutory instruments to get through this House because of EU exit—there would be a high risk of constant legal challenge, which we would like to avoid.

Nord Stream 2

Debate between Mark Pritchard and Alan Duncan

Tuesday 17th July 2018 Westminster Hall

[Sir Alan Duncan]

That is slightly tangential, as the hon. Gentleman admitted in his first sentence. Wherever I go, visas are a serious diplomatic problem. They cause a lot of upset in many countries when people, quite rightly and with reasonable intent, wish to travel here, but find that it is very expensive, it takes a long time and it is sometimes very inefficient.

[Mark Pritchard]

The Minister may be coming on to make some remarks about Denmark, but I hope that he will be able to address the question I set out in my speech: what representations have the UK Government had with the Government of Denmark over Nord Stream 2, and what was the precise nature of those discussions?

[Sir Alan Duncan]

I can answer that straightaway. I am fully aware that Denmark has not yet issued the relevant permits for the construction of Nord Stream 2—which would be in its territorial waters, as has been mentioned. We have raised our security of supply concerns with Denmark, and we anticipate its decision in the autumn. The former Foreign Secretary, my right hon. Friend the Member for Uxbridge and South Ruislip (Boris Johnson), raised the issue with the Danes, and I have discussed it in the margins of foreign affairs committees in Brussels in the past.

We give all that help to Ukraine because it is essential for Ukraine’s future security and prosperity, and because it is essential for upholding European values and the wider security and prosperity of Europe. I fully recognise the concerns that hon. Members have expressed and I am grateful to my hon. Friend the Member for The Wrekin for drawing attention to this important issue by securing the debate.

Let me be clear: Nord Stream 2 represents a risk to European energy security and to Ukraine. Existing pipelines already provide enough capacity to meet the European demand for gas. We do not believe that Nord Stream 2 is necessary and we remain concerned that its construction will be harmful to European interests and those of Ukraine.

For that reason, we will continue to express concerns in discussions with partners across Europe, as I did with the German Minister, Michael Roth, last week. As the Prime Minister noted yesterday, she has been discussing it around the EU Council table for some time. We back amendments to the gas directive to ensure that all interconnector pipelines operate within EU internal energy market rules, and we will continue to support initiatives that strengthen and diversity the supply of gas to the European market. I assure hon. Members that we will play our full part in defending the interests of Ukraine, and we will not shy away from having a strong opinion about such an important strategic proposal.