UK Parliament / Open data

Sanctions (EU Exit) (Miscellaneous Amendments) (No. 4) Regulations 2020

My Lords, I thank all noble Lords for their very valuable contributions and the broad level of support that we saw during this debate. I also recognise the important role of, and the various points made on, the process and procedure. I thank my noble friend Lord Balfe for articulating in a succinct manner—as it saved me having to answer the question—what the current procedures are. However, I never shy away from any challenge in the questions that the noble Lord, Lord Foulkes, always poses most courteously. I look forward to debates on this issue and others with him.

Having thanked all noble Lords for their participation, I will get to the specific questions raised. Following the normal courtesy, if there are questions that I am unable to answer in the time allocated, I will certainly write to noble Lords and review Hansard to pick up on some of those specifics.

Along with his original questions, the noble Lord, Lord Chidgey, raised the importance of his expertise and insights in parts of the world. He raised specific

issues about certain individuals in Guinea not being rolled over in the original sanctions tabled by the EU. This will in part also answer the question raised by various noble Lords, including the noble Lord, Lord Empey, and my noble friend Lord Balfe, about the effectiveness of sanctions. When these original sanctions were approved it was partly to ensure that there would be a change in behaviour, while recognising any steps taken by new Governments and individuals within them.

I also reassure noble Lords that when applying the sanctions, through the sanctions Act itself and the subsequent global human rights sanctions regime, we are relatively new to this area in terms of specific sanctions on individuals. The noble Lord, Lord Truscott, recounted specific sanctions on individuals and countries, and mentioned the Middle East. I am sure he will recall that, when it came to the global human rights sanctions, a number of individuals from the Kingdom of Saudi Arabia were covered in the original sanctions designations.

Several noble Lords, including the noble Baroness, Lady Northover, my noble friends Lord Balfe and Lord Northbrook, and the noble Lord, Lord Truscott, raised Cyprus and the sanctions as they apply there. I agree with the noble Baroness on the wider context of the discussions in Cyprus. As noble Lords will recognise, my right honourable friend the Foreign Secretary visited Cyprus on 3 and 4 February. He met the President of Cyprus and the leader of the Turkish Cypriots. The primary focus in the areas covered was on not just the issues in the sanctions—as put forward by many noble Lords, with whom I agree—but bilateral and regional issues ahead of the UN-convened talks, which I believe take place next month. The context of the peace talks was very much part and parcel of the discussions that my right honourable friend had in country. I therefore hope my noble friend is reassured that we are looking at all elements and talking to all sides when it comes to not just the areas covered in the sanctions regime, but the wider issues of settlement. We recognise the important role the UK can play in this regard.

The noble Baroness, Lady Ritchie, and others talked about the importance of our EU partnerships. It did not surprise me when the noble Baroness, Lady Northover, did so in her opening remarks. As I have said, we will of course continue to work very closely with our EU partners and others in this respect. I have said to noble Lords that I regularly have discussions with the lead human rights official in the European Commission, Eamon Gilmore. Indeed, we were in deep discussions prior to the introduction of the EU global human rights regime.

My noble friend Lord Empey raised the formality of structures. I assure him that the strength of our relationships with the European Union and key partners in it is shown in various statements we have made beyond sanctions—particularly on the situation of the Uighur Muslims—which demonstrate the open communication that we retain and, equally, how we work with other key partners on sanctions, such as the United States, Canada and other allies. We will continue to do just that. The primary basis of any sanctions regime is that it is co-ordinated.

The noble Baroness, Lady Ritchie, rightly talked of Myanmar, as did other noble Lords. The noble Baroness, Lady Northover, specifically mentioned the leadership we showed during our membership of the European Union against 16 individuals. As noble Lords will recognise, of the military leadership that has taken control in the coup in Myanmar, the leader and his deputy are currently sanctioned. Whether in Myanmar or in China, which the noble Baronesses, Lady Ritchie and Lady Northover, and the noble Lord, Lord Collins, raised, specifically on the Uighurs, we keep the situation in review.

I cannot get into specifics. Noble Lords rightly raise timelines and when particular designations happen around the world, but I cannot speculate in that respect. However, I assure noble Lords, as I have sought to do as FCDO Minister and Minister for Human Rights, that I will take on board the approach that the noble Lord, Lord Oates, acknowledged of talking through specific situations as and when we can, and as early as possible, as well as sharing information with noble Lords.

The noble Lord, Lord Foulkes, asked about the process, which I have already covered specifically. He also talked about the importance of working with our overseas territories. I assure all noble Lords that the Orders in Council for each designation, with the exception of Bermuda and Gibraltar, are initiated by the United Kingdom. They will reflect exactly the same provisions that apply in UK jurisdictions to allow for a co-ordinated approach. I can also assure the noble Baroness, Lady Northover, as a Minister who worked directly with the overseas territories during the passage of the Sanctions and Anti-Money Laundering Bill, that our co-ordination is for territories that do not have capacity for technical support. The noble Lord, Lord Collins, raised this, and it arose in the other place. We are lending technical support to the overseas territories. I am sure noble Lords recognise that many do not have the infrastructure for financial services, for example, and need support. We are working directly with the OTs in this respect.

I assure the noble Lord, Lord Foulkes, that prior to the introduction of, for example, the requirement for public registers, we also operated with key overseas territories on the exchange of notes, which allowed tax and legal agencies to access all the required information. If any specific concerns arise for noble Lords on the application of these issues in the overseas territories, they should raise them with me. I will seek to address them directly.

I thank the noble Lord, Lord Dodds, for his support. He rightly raised cyberactivity. As he recognised, we saw an increase in such challenges in our own Parliament a few years back. Indeed, I recall that we had a cyberattack on the same day as the tragic terror attack on Parliament. It shows the vulnerabilities, and the increased activity required, in this area. It also underlines the importance we attach to this area of our sanctions work.

The noble Lord rightly raised the Putin regime and issues around Navalny, China and Myanmar. As I am sure he recognises, we have sought to lead and provide direction on sanctions in Myanmar and in the case of Mr Navalny. The noble Lord and my noble friend

Lord Empey raised the situation in Libya and the Shawcross report. We discussed this in your Lordships’ House. I have taken note of the concerns that have again been expressed. If there is any more detail on the questions my noble friend Lord Empey raised I shall seek to raise it.

I am being told by my noble friend who is whipping the debate that I am running out of time. In my last few seconds, I acknowledge the valuable work done by Remembering Srebrenica and the points made by my noble friend Lord Bourne. I assure him that we look fully at guaranteeing the sovereign and territorial integrity of Bosnia-Herzegovina. He talked about guidance. I believe that it has already been published.

On the specific area of continuing to work at and ensuring the refreshing of our strategy, I say to all noble Lords who raised the effectiveness of the various regimes that provisions in the sanctions Act require reporting back on the effectiveness of each regime. The Act also allows opportunities for individuals to review sanctions applied to them so that they can have a process for appeal. I will continue to update your Lordships’ House on the operation of the sanctions regimes. Indeed, I look forward to further discussions on specific designations in this important area.

I once again thank all noble Lords for their participation. This work is evolving. I noted again with great care various noble Lords’ specific questions and practical suggestions on strengthening work in this area. I look forward to further debate and constructive discussions in this regard.

Type
Proceeding contribution
Reference
810 cc20-3GC 
Session
2019-21
Chamber / Committee
House of Lords Grand Committee
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